1912_CRIMINAL_PROCEDURE_ORDINANCE__1890 — Page 11

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Payments to

be made by private prosecutor for service,

etc.

Service of subpæna.

Return of service.

Non-attend-

ance of witness at adjourned trial.

Procedure to witnesses where trial is postponed.

No. 9 of 1899.

CRIMINAL PROCEDURE.

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 some one on his behalf shall, at the time of obtaining the subpœna, 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 subpœna the 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 dwelling 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 to the person with whom the said copy is left, as the case may be, the original subpœna 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, or 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 subpœna 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 the recognizance of every witness who was bound by recognizance to attend at such first-mentioned session, and every such witness shall be bound to attend and give evidence at such other session, without entering into any fresh recognizance for that purpose, in such and the same manner as if he were originally bound by his recognizance to attend and give evidence at such other session.

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