AD. 1899.]
CRIMINAL PROCEDURE.
[No. 9.
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erson, by the prosecutor or his solicitor, or by the accused person or solicitor, as the case may be.
(2) Every such subpoena shall be issued in the name of the Queen and shall be tested in the name of the Chief Justice.
(3) The names of four witnesses may be inserted in one subpoena, and they shall be described therein with such certainty that the Bailiff may be able readily to find them; and the form of the subpoena shall, as near as may be, be according to the like form used in the Supreme Court in civil cases.
(4) The party obtaining the subpoena shall at the same time make out and give to the Registrar as many copies as there are persons to be served therewith, and the Registrar shall deliver the original, together with the copies, to the Bailiff for service.
37. When the prosecution is at the instance of a private person, such person or someone on his behalf shall, at the time of obtaining the subpoena, pay into the Registry the lawful costs and charges for executing the same, together with such further sum or sums of money as such person intends the Bailiff to give or tender to the witnesses respectively for their travelling expenses.
38.-(1.) The Bailiff shall, as soon as may be after having received any subpoena and copy, deliver to the person named in the subpoena the said copy.
(2.) In any case where such person cannot be found, the Bailiff shall leave the said copy with someone of his household for him at his dwelling house or with someone of his clerks for him at his counting house or place of business.
(3.) The Bailiff shall, at the time of service, show to such person or to the person with whom the said copy is left, as the case may be, the original subpoena and explain to him the nature and exigency thereof.
39. The Bailiff shall, at or immediately after the time of service, indorse on or annex to the original subpoena a return in writing, signed by him, of the time and mode of service, and shall forthwith transmit the same to the Registrar.
40. Every witness who is present when the trial of a case is adjourned, who has been duly notified of the time to which such trial or further trial is so adjourned, shall be bound to attend at such time, and, in default of so doing, may be dealt with in the same manner as if he had failed to attend before the Court in obedience to a subpoena to attend and give evidence.
41 (1) Where the trial of any case is postponed from one session of the Court to another session, it shall be lawful for the Court to respite with respect to witnesses
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AD. 1899.]
CRIMINAL PROCEDURE.
[No. 9.
427
erson, by the prosecutor or his solicitor, or by the accused person or
solicitor, as the case may be.
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(2) Every such subpoena shall be issued in the name of the Queen nd shall be tested in the name of the Chief Justice.
(3) The names of four witnesses may be inserted in one subpoena, and they shall be described therein with such certainty that the Bailiff may be able readily to find them; and the form of the subpoena shall, as near may be, be according to the like form used in the Supreme Court in
vil cases.
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(4) The party obtaining the subpæna shall at the same time make out and give to the Registrar as many copies as there are persons to be erved therewith, and the Registrar shall deliver the original, together with the copies, to the Bailiff for service.
private
37. When the prosecution is at the instance of a private person, such Payments to person or some one on his behalf shall, at the time of obtaining the sub- be made by poena, pay into the Registry the lawful costs and charges for executing prosecutor for the same, together with such further sum or sums of money as such service, etc. person intends the Bailiff to give or tender to the witnesses respectively. for their travelling expenses.
38.-(1.) The Bailiff shall, as soon as may be after having received Service of any subpoena and copy, deliver to the person named in the subpoena the subpoena,
said
copy.
(2.) In any case where such person cannot be found, the Bailiff shall leave the said copy with some one of his household for him at his dwell- ing house or with some one of his clerks for him at his counting house or place of business.
(3.) The Bailiff shall, at the time of service, show to such person or
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to the person with whom the said copy is left, as the case may be, the original subpæna and explain to him the nature and exigency thereof.
39. The Bailiff shall, at or immediately after the time of service, Return of indorse on or annex to the original subpoena a return in writing, signed service. by him, of the time and mode of service, and shall forthwith transmit the same to the Registrar.
40. Every witness who is present when the trial of a case is adjourned, Non-attend- who has been duly notified of the time to which such trial or further ance of
witness at
trial is so adjourned, shall be bound to attend at such time, and, in default adjourned
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of so doing, may be dealt with in the same manner as if he had failed to trial. attend before the Court in obedience to a subpœna to attend and give evidence.
41 (1) Where the trial of any case is postponed from one session Procedure of the Court to another session, it shall be lawful for the Court to respite with respect
to witnesses
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