CRIMINAL PROCEDURE.
No. 9 of 1899.
565
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.
Postponement of trial.
witnesses.
41.-(1) In any case where the trial of an accused person is postponed from one session of the court to another, it shall be lawful for the court to respite the recognizance of every witness who was bound by recognizance to attend and give evidence at the trial, accordingly; and in such case every such witness shall be bound to attend and give evidence at the time and place to which such trial may be postponed, without entering into any fresh recognizance for that purpose, in such and the same manner, and with the same consequences in all respects, as if he were originally bound by his recognizance to attend and give evidence at the time and place to which such trial has been postponed.
(2) The Registrar shall deliver or cause to be delivered to every witness in any case so postponed a notice in writing informing him of the day on which the session of the court to which the case is postponed will commence.
accused
41A. In any case where the trial of an accused person is postponed from one session of the court to another, it shall be lawful for the court to respite the recognizance of the accused person and his surety or sureties, if any, accordingly; and in such case the accused person shall be bound to appear to be tried at the time and place to which such trial may be postponed, without entering into any fresh recognizance for that purpose, in such and the same manner, and with the same consequences in all respects, as if he were originally bound by his recognizance to appear and be tried at the time and place to which such trial has been so postponed.
PART III.
PROCEEDINGS AT TRIAL.
Mode of trial.
42.-(1) Every person to be tried before the court shall be tried on an indictment.
General mode of trial.
CRIMINAL PROCEDURE.
No. 9 of 1899.
565
such trial or further trial is so adjourned, shall be bound to witness at attend at such time, and, in default of so doing, may be dealt
adjourned trial. 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.
Postponement of trial.
witnesses.
41.-(1) In any case where the trial of an accused person Procedure is postponed from one session of the court to another, it shall as to be lawful for the court to respite the recognizance of every witness who was bound by recognizance to attend and give evidence at the trial, accordingly; and in such case every such witness shall be bound to attend and give evidence at the time and place to which such trial may be postponed, without entering into any fresh recognizance for that purpose, in such and the same manner, and with the same consequences in all respects, as if he were originally bound by his recognizance to attend and give evidence at the time and place to which such trial has been postponed.
(2) The Registrar shall deliver or cause to be delivered to every witness in any case so postponed a notice in writing informing him of the day on which the session of the court to which the case is postponed will commence.
accused
41A. In any case where the trial of an accused person is Procedure postponed from one session of the court to another, it shall be as to lawful for the court to respite the recognizance of the accused person and person and his surety or sureties, if any, accordingly; and in sureties. such case the accused person shall be bound to appear to be tried at the time and place to which such trial may be postponed, without entering into any fresh recognizance for that purpose, in such and the same manner, and with the same consequences in al respects, as if he were originally bound by his recognizance to appear and be tried at the time and place to which such trial has been so postponed.
PART III.
PROCEEDINGS AT TRIAL.
Mode of trial.
42.-(1) Every person to be tried before the court shall be General tried on an indictment.
mode of
trial.
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