the-ordinances-of-the-legislative-counci-1890 — Page 113

ORDINANCE No. 15 OF 1844. 77


Supreme Court.


defendants, or any other person on his, her, or their behalf, has, or have been bound by
recognizance for the appearance of the said defendant or defendants so to take his ,
her, or their trial, then that the said recognizance may be discharged ; and, where the
indictment or information is at the instance of a private party, it shall also be competent
to the defendant or defendants to move the Court that the said private prosecutor or
prosecutrix and his, or her sureties shall be called on their recognizance, and, in default
of his, or her appearance, that the same may be estreated.

100. And be it further enacted and ordained, that the subpoena, or process of Process for
procuring
the Court, for procuring the attendance of any person before the said Court to give attendance of
witnesses on
criminal cases.
evidence in any criminal case, shall be sued out of the Registrar's office by the Registrar
thereof, or, where the prosecution is at the instance of a private party, by the prosecutor
or his attorney , or by the defendant or defendants, or his, her, or their, attorney ; and
the same shall be delivered to the sheriff, at his office, for execution thereof, together
with so many copies of the subpoena as there are persons to be served therewith .

101. And be it further enacted and ordained , that the names of four witnesses How many
witnesses in one
may be inserted in one subpana, and they shall be described therein with such certainty subpæna.
that the summoning officer may be able readily to find them : and the form of the said
subpoena shall, as near as may be, be according to the like form established in the said
Court in and for civil cases .

102. And be it further enacted and ordained, that when the prosecution is at the Private
prosecutor to
instance of a private person, he, or she, or some one on his behalf, shall, at the time of pay sheriff's
costs together
with expenses.
delivering the said subpoena, and copies thereof, also pay to the said sheriff his lawful
costs and charges for executing the same, together with such further sum or sums of
money as the said private party intends the said sheriff to give or tender to the said
witnesses respectively for their travelling expenses.
103. And be it further enacted and ordained , that service of any subpoena upon Service of
subpana .
any person therein named to give evidence, shall be made by delivering to him, or her,
or by leaving with some one of his , or her household for him, or her, at his, or her
dwelling-house, or with some one of his or her clerks at his or her counting house or
place of business , when he, or she, cannot be found, a copy of the said subpana, and the
summoning officer, shall, at the same time, show him, or her, or the person with whom
such copy is left, the original, and shall inform him, or her, of the exigency thereof ;
and the said officer shall in all cases indorse on, or annex to, the original, a return of
the manner of his execution thereof, and shall transmit the same to the Registrar of the
Court.

104. And be it further enacted and ordained, that the prisoner or prisoners to Pleading to
indictment or
be tried on any indictment or information , shall be placed at the bar unfettered , unless information.

the Court shall see cause otherwise to order ; and the indictment or information shall
be read over to him, her, or them, by the Registrar, or other officer of the Court, and
explained, if need be, by that officer, or the interpreter of the Court ; and such prisoner
or prisoners, shall be required to plead instantly thereto ; unless where the prisoner or