: to be mutually consented to by the prosecutor and defendants, or for want of such consent to be nominated by you the said sheriff, who shall have the view and inspection of the place and premises in question, on the day of and that A. B., of -, on behalf of the prosecutor, and C. D., ofon behalf of the defendant, do attend at the same time to direct the said jurors in the said view and inspection, but that no evidence shall be given on either side thereon. And that the said jurors do meet together at the house called or known Affidavit of Service of Rule for in order to reduce a In the Queen's Bench. The Queen against J. N. A. B., of, &c., maketh oath and saith, that he did on the - day of serve J. N., the above-named defendant with a true copy of a rule of this honourable court, whereby it was ordered that the sheriff of the county of, or his undersheriff, should attend the coroner and attorney of this court with the special jurors' list for the said county, and the numbers, referring to the names in such list written upon distinct pieces of parchment or card as required by the statute; and that the said coroner should pursuant to the statute nominate forty-eight men, qualified to serve on special juries within the said county, and that the agent or attorney for the prosecutor should strike out twelve, and the agent or attorney for the defendant should in like manner strike out twelve out of the said forty-eight, and that twenty-four, the remainder of the said forty-eight, should be returned for the trial of the issue joined in this prosecution. Upon which said rule was written an appointment to nominate the said jury on the day of at of the clock, &c., and if the said defendant did not then attend in person or by by the name or sign of, by By the controlment, &c. Special Jury and Appointments, Special Jury ex parte. serve his attorney or agent, it appointed the day of the same month, at the same hour, peremptorily to nominate, which said rule and appointment this deponent served upon the said defendant J. N. by delivering a true copy of the same to the said J. N., at on, the day of And this deponent further saith, that he did on the day of the said J. N. with another true copy of the said rule, with an appointment thereupon written to reduce the said jury on theday of at of the clock, &c., and if the said defendant did not then attend, it appointed the- day of the same month, at the same hour, peremptorily to reduce the said jury; and which said rule and appointment lastmentioned this deponent did serve, by delivering a true copy of the same on the said day of to the said defendant, at . And at the said several times of service, this deponent did show unto the said defendant the said original rule, and did leave with him a list of the jury appearing to be so nominated, pursuant to the said rule and appointment first mentioned. Sworn, &c. Habeas Corpus to bring a Prisoner to the Crown-office, to attend the nomination, &c., of a special Jury. VICTORIA, &c. To the keeper of our gaol of, or his deputy there, greeting: We command you that you have the body of J. N., being attorney as aforesaid, [or upon an Evidence.] Sue out the necessary subpoena or subpœnas for the witnesses, and serve them personally with copies, at the same time showing them the original. The names of four witnesses may be inserted in one writ. In town causes, at the time of the service, you give the witness Is. if he reside within the bills of mortality, or you give or tender to him the reasonable amount of his expenses, if he reside beyond them. In country causes, you give or tender to the witness the reasonable amount of his expenses, at the time you serve him with a copy of the subpoena. If the attendance of one of the officers of the crown-office be required, he must be paid, in town causes, 1. 1s., or in country causes the amount of his expenses, when he is served with the subpœna. See ante, p. A witness however cannot refuse to give his testimony in a criminal case, until his expenses have been paid to him, even although subpoenaed on the part of a defendant; R. v. James, et al. 1 Car. & P. 322; and the indictment having been removed by certiorari, and the trial being of course in the Nisi Prius court at the assizes, makes no difference. Id. Having served the witnesses with copies of the subpoena, you should afterwards give each of them notice of the time the trial is expected to come on. By stat. 45 G. 3, c. 92, s. 3, the service of a subpoena or other process upon any person in one part of the United Kingdom, requiring his appearance to give evidence in any criminal prosecution in any other part of the same, shall be as good and effectual as if it were served in that part of the United Kingdom in which he is required to appear; and in case he do not attend, then upon a certificate thereof being sent by the court in which bis attendance was required, to the court of Queen's Bench in England, if the service were in England, or the court of Justiciary in Scotland, if the service were in Scotland, or to the court of Queen's Bench in Ireland, if the service were in Ireland, these courts respectively shall thereupon proceed against the persons so making default, in such manner as if the subpoena, &c. had been issued from such courts respectively. This statute applies only where the party is served in Scotland or Ireland with a subpoena to give evidence in England, or in England to give evidence in Scotland or Ireland, or the like. But independently of this statute, you may have at the crown-office a subpœna to compel the attendance of a witness before a justice of the peace in the case of a commitment or conviction,—cr before justices upon application for an order of removal,—or before the justices at quarter sessions,-cr before the central criminal court,-or before the grand jury in any criminal court, or before revising barristers,-cr before commissioners of lunacy,or in compensation cases, &c. See the forms in Mr. Corner's Book of Forms in the crown-office, p. 151–157. If it be necessary that the witness should produce some document, you may sue out a subpœna duces tecum, and serve him personally with a copy of it. And in these several cases, if the person thus served, do not obey the subpoena by attending and giving his testimony, or by attending and producing the document required, the court, upon an affidavit of personal service, and that the writ itself was at the same time shown to him, will grant a rule nisi for an attachment against him, which is afterwards made absolute in the ordinary way. See R. v. Ring, 8 T. R. 585. If however the person, intended for a witness, be in custody, you must obtain a judge's fiat for a writ of habeas corpus ad testificandum, sue it out, and have him brought up to give his testimony, in the manner directed post. tit. Habeas Corpus, sect. 5. In all these cases, the writ is engrossed on parchment, indorsed with the name and address of the attorney or person suing it out, and signed, sealed and entered at the crown-office. It may be necessary to mention, that if a person, present in court, although not subpoenaed, be called as a witness in a criminal case, he is bound to be sworn and give his testimony, even in cases of misdemeanor, such as stopping or obstructing of a highway, or the like. R. v. Sadler, 4 Car. & P. 218. If any original affidavit, on the files of the court, be required to be produced in evidence at the trial, a judge on application will order it to be delivered to some person, named to him, usually the clerk of some barrister on the circuit, for the purpose, upon depositing an office copy of it in its stead, and undertaking to return the original: Pay at the crownoffice 11. 1s. on receiving it. But in all other cases, if a document, such as an indictment, information, or the like, be required, you must subpoena an officer of the crown-office to produce it, paying him 17. 1s. in town, or his expenses in country causes. Subpoena for the sittings at Nisi Prius in London or Middlesex. VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, defender of the faith, To A. B., C. D., E. F., and G. H., and to every of them, greeting: We command you and every of you, that, laying aside all excuses and pretences whatsoever, you and every of you personally be and appear before our right trusty and well-beloved Thomas Lord Denman, our chief justice assigned to hold pleas before us, on the day of, by nine of the clock in the forenoon of the same day, at —, there to testify the truth on our behalf against J. N. for cer- Subpoena for the Nisi Prius Court at the Assizes. VICTORIA, &c., To every of them, greeting: We command you and every of you, that laying aside all excuses and pretences whatsoever, you and every of you personally be and appear before and to in order that the same may be pro- [as in the proceeding forms], and also that you bring with you and produce at the time and place aforesaid [a certain bill of exchange purporting to be drawn by A. B., upon and accepted by C. D., payable to E. F. or his order, and indorsed by him, dated ; so describing the instrument required to be produced,] By the Court. |