Criminal Procedure.
(2) Subject to the provisions of this Ordinance or of any other enactment, the law, practice, and procedure in respect of any such information shall be, as nearly as may be, the same as the law, practice, and procedure for the time being in force in relation to informations filed by the Attorney General of England in the High Court of Justice, so far as such law, practice, and procedure are applicable to the circumstances of this Colony.
Default of appearance.
[CAP. 221
on non-prosecutor.
45. (1) If in any case, after notice of trial has been given, no person appears in court to prosecute or prefer the indictment before the close of the session of the court for which such notice was given, it shall be competent for the accused person to move the court to discharge him therefrom, and if he, or any other person on his behalf, has been bound by recognizance for his appearance so to take his trial, then that the said recognizance may be discharged.
(2) Where the prosecution is at the instance of a private person, it shall also be competent for the accused person to move the court that the prosecutor and his sureties, if any, shall be called on their recognizances, and, in default of his appearance, that the same may be estreated.
(3) On any such application the court shall make such order as it may think just.
on non-appearance of accused
46. (1) Where it appears by the return made by the bailiff that the copy of the indictment and notice of trial has been duly served, and the accused person, on being thrice called on the day appointed for trial, does not appear, a motion may be made on behalf of the prosecution, if the accused person has been admitted to bail, that he and his sureties, if any, may be called on their recognizances, and, in default of his appearance, that the same may be estreated.
(2) On any such application the court shall make such order as it may think just.
Apprehension of person not appearing.
47. Where any person against whom an indictment has been duly preferred, and who is then at large, does not appear to plead to such indictment, whether he is under recognizance to appear or not, the court may issue a warrant for his apprehension.
Page 153
Criminal Procedure.
(2) Subject to the provisions of this Ordinance or of any other enactment, the law, practice, and procedure in respect of any such information shall be, as nearly as may be, the same as the law, practice, and procedure for the time being in force in relation to informations filed by the Attorney General of England in the High Court of Justice, so far as such law, practice, and procedure are applicable to the circumstances of this Colony.
Default of appearance.
[САР. 221
on non-
prosecutor.
45. (1) If in any case, after notice of trial has been Proceedings given, no person appears in court to prosecute or prefer the appearance of indictment before the close of the session of the court for which such notice was given, it shall be competent for the accused person to move the court to discharge him there- from, and if he, or any other person on his behalf, has been bound by recognizance for his appearance so to take his trial, then that the said recognizance may be discharged.
(2) Where the prosecution is at the instance of a pri- vate person, it shall also be competent for the accused person to move the court that the prosecutor and his sureties, if any, shall be called on their recognizances, and, in default of his appearance, that the same may be estreated.
(3) On any such application the court shall make such order as it may think just.
on non-
of accused
46. (1) Where it appears by the return made by the Proceedings bailiff that the copy of the indictment and notice of trial appearance has been duly served, and the accused person, on being person. thrice called on the day appointed for trial, does not appear, a motion may be made on behalf of the prosecution, if the accused person has been admitted to bail, that he and his sureties, if any, may be called on their recognizances, and, in default of his appearance, that the same may be estreated. (2) On any such application the court shall make such order as it may think just.
sion of
person not
47. Where any person against whom an indictment has Apprehen- been duly preferred, and who is then at large, does not accused appear to plead to such indictment, whether he is under re- appearing. cognizance to appear or not, the court may issue a warrant for his apprehension.
153
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