Criminal Procedure.
[CAP. 221
for service,
36. 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.
[37
subpoena.
37. (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.
[38
service.
38. 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.
[39
ance of
adjourned
39. 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 subpoena to attend and give evidence.
[40
Postponement of trial.
as to
40. (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
151
Criminal Procedure.
[CAP. 221
for service,
36. When the prosecution is at the instance of a private Payments person, such person or some one on his behalf shall, at the etc. 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 respec- tively for their travelling expenses.
[37
subpoena.
37. (1) The bailiff shall, as soon as may be after Service of 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 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 subpoena and explain to him the nature and exigency thereof.
[38
service.
38. The bailiff shall, at or immediately after the time Return of 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 Re- gistrar.
[39
ance of
adjourned
39. Every witness who is present when the trial of a Non-attend- case is adjourned, or who has been duly notified of the time witness at to which such trial or further trial is so adjourned, shall trial. 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.
[40
Postponement of trial.
as to
40. (1) In any case where the trial of an accused Procedure person is postponed from one session of the court to another, witnesses. 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
151
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