1890_SUPREME_COURT_ORDINANCE_1 — Page 24

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Prosecutor to deliver to sheriff process, copy of indictment or information and notice of trial. Time and mode of summoning defendant on indictment or information. Return of service of copy of indictment, &c. Proceedings on non-appearance of defendant thereon. Proceedings on non-appearance of prosecutor after notice of trial.

ORDINANCE No. 15 OF 1844. Supreme Court.

95. And be it further enacted and ordained, that the said Registrar, or his deputy or the prosecutor or his attorney shall deliver, or cause to be delivered to the sheriff, [together with the process of the Court for summoning the defendant] the copy of the indictment or information, with notice of trial indorsed on the same, or annexed thereto; and, if there are more defendants than one, then as many copies and notices as there are defendants; and, if the prosecution be at the instance of any private party, the prosecutor shall also, at the same time, pay to the said sheriff his lawful costs and charges for serving the same.

96. And be it further enacted and ordained, that the sheriff shall, as soon as may be, after having received a copy or copies of the indictment or information, and notice or notices of trial, and the process of the Court for serving the same, and, ten days at least before the day therein specified for trial of the said defendant or defendants, by himself, or his deputy, or other officer, deliver to the said defendant or defendants, the said copy or copies, and notice or notices, and explain to him, her, or them, the nature and exigency thereof; and when the said defendant or defendants, or any, or either of them, cannot be found, he shall leave a copy or copies of the said indictment or information, and notice or notices of trial, with some one of his, her, or their household for him, her, or them, at his, her, or their dwelling-house or with some one of his, her, or their clerks, for him, her, or them, at his, her, or their counting house, or place of business, and, if none such can be found, shall affix the said copy or copies, and notice or notices, to the outer, or principal door of the said dwelling-house or houses.

97. And be it further enacted and ordained, that the officer serving the copy or copies of the said indictment or information, and notice or notices, shall forthwith transmit to the Registrar of the Court, a copy of the return of the mode of service of the said indictment or information indorsed on the writ or process for serving the same.

98. And be it further enacted and ordained, that when it shall appear by the indorsement made on the writ or process by the officer executing the same, that the copy or copies of the indictment or information, and notice or notices of trial have been duly served in manner hereinbefore provided, and the defendant or defendants, on being thrice called on the day appointed for the said trial does, or do not appear, it shall be competent for the prosecutor to move the Court, if the defendant or defendants have been admitted to bail, that he, she, or they, and his, her, or their sureties may be called upon their recognizance or recognizances, and in default of his, her, or their appearance that the same may be estreated; and it shall also be competent for the prosecutor to apply to the Chief Justice of the said Court for his warrant for the apprehension of the said defendant or defendants.

99. And be it further enacted and ordained, that, if the prosecutor or his attorney, having given notice of trial, shall not appear in Court to prosecute or prefer the said indictment or information, before the close of the session of that Court, before which he gave notice for trial, it shall be competent for the defendant or defendants to move the Court to discharge him, her, or them, therefrom; and when the said defendant or...