CAP. 221]
Inspection of property by party or witnesses.
Rule or order for attendance of jury.
Suing out of subpoena for witness.
Criminal Procedure.
Inspection of property, etc.
33. Either party shall be at liberty to apply to the court or a judge for a rule or order for the inspection, by himself or by his witnesses, of any real or personal property, the inspection of which may be material to the proper determination of the issue; and it shall be lawful for the court or judge, if it or he thinks fit, to make such rule or order, on such terms as to costs and otherwise as the court or judge may direct.
34. It shall be lawful for the court or a judge to make such rules or orders as may be necessary to procure the attendance of a special or common jury for the trial of any case depending in the court, at such time and place and in such manner as the court or judge may think fit.
Witnesses.
35. (1) The subpoena, or process of the court for procuring the attendance of any person to give evidence in any case who has not been bound by recognizance to appear before the court to give evidence in such case, or, where the production of documents is required, the subpoena duces tecum, shall be sued out by the Attorney General, or, where the prosecution is at the instance of a private person, by the prosecutor or his solicitor, or by the accused person or his solicitor, as the case may be.
(2) Every such subpoena shall be issued in the name of the King 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.
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CAP. 221]
Inspection of property by party or witnesses.
Rule or order for attendance of jury.
Suing out of subpoena for witness.
Criminal Procedure.
Inspection of property, etc.
33. Either party shall be at liberty to apply to the court or a judge for a rule or order for the inspection, by himself or by his witnesses, of any real or personal pro- perty, the inspection of which may be material to the proper determination of the issue; and it shall be lawful for the court or judge, if it or he thinks fit, to make such rule or order, on such terms as to costs and otherwise as the court [34 or judge may direct.
34. It shall be lawful for the court or a judge to make such rules or orders as may be necessary to procure the attendance of a special or common jury for the trial of any case depending in the court, at such time and place and in such manner as the court or judge may think fit.
Witnesses.
[35
35. (1) The subpoena, or process of the court for pro- curing the attendance of any person to give evidence in any case who has not been bound by recognizance to appear before the court to give evidence in such case, or, where the production of documents is required, the subpoena duces tecum, shall be sued out by the Attorney General, or, where the prosecution is at the instance of a private person, by the prosecutor or his solicitor, or by the accused person or his solicitor, as the case may be.
(2) Every such subpoena shall be issued in the name of the King 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.
[36
150
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