1st Schedule Gold Coast Colony, or to the Sheriff without any affix; but this provision shall not prevent any writ or warrant from being addressed to a person by name, or to a person named and to officers of Court generally.

Warrants of commitment.

Sealing writs.

Forms in
Appendix.

Provision for framing additional Forms.

Fees.

2. It shall not be necessary to address any warrant or order of commitment or of sentence to the keeper of any prison, but upon the delivery of any warrant to the keeper of the prison to or in which the commitment shall be made or sentence be directed to be carried out, such keeper shall receive and detain the person named therein (or shall detain him if already in his custody) for such period and in such manner as the warrant directs, and in cases of adjournments or remands or commitments for trial, such keeper shall bring the person to the Court at the time and place directed by the warrant.

3. The sealing of any writ or process shall not be necessary in addition to the signature of the Judge or Commissioner by whom the same shall be signed, except in cases where sealing may be expressly directed by any Ordinance or rule of Court or by any prescribed form.

4. The forms in the Appendix A hereto, or forms to the like effect, may be used in all matters, causes, and proceedings to which they are applicable, with such variations as circumstances require.

5. In proceedings for which forms are not provided in the Appendix, or prescribed by any subsequent Ordinance or rules or orders of Court, the Registrar may, subject to the approval of the Court, from time to time frame the forms required, using as guides those which may have been provided.

6. The fees specified in the Appendix B hereto shall be paid by the party prosecuting the cause or proceeding, and may be afterwards recovered as costs of cause if the Court shall so order. The Court may, on account of the poverty of any party, although such party may not have been formally admitted to sue or defend as a pauper, or for other sufficient reasons (stated in the Minutes), dispense, if it sees fit, with payment of any fees.

By officer of
Court, unless

Court directs
otherwise.

Special bailiff.

To be personal.

Original need not be shown.

Order III.

SERVICE OF PROCESS.

1. Service of a petition, notice, summons, order, or other document of which service is required, shall be made by an officer of the Court, unless in any case the Court thinks fit otherwise to direct. 2. The Court may in any civil case, for reasons which shall seem to it sufficient, appoint any process to be executed by a special bailiff, who for the time being shall have the privileges and liabilities of an officer of Court. The expense of such special bailiff shall be defrayed by the party on whose application he is appointed, unless the Court in any case sees reason to vary this rule.

3. Unless in any case the Court thinks it just and expedient otherwise to direct, service shall be personal; that is, the document to be served shall be delivered to the person to be served himself.

4. Service shall be completely effected by the delivery of a dupli

cate or attested copy of any document without the exhibition of any 1st Schedule original.

5. Where it appears to the Court (either after or without an Service other attempt at personal service) that for any reason personal service than personal. cannot be conveniently effected, the Court may order that service be

effected either—

(a) by delivery of the document to some adult inmate at the usual Delivery to or last known place of abode or business of the person to be inmate.

served; or

(b) by delivery thereof to some person being an agent of the person To agent. to be served, or to some other person, on it being proved that there is reasonable probability that the document will, through that agent or other person, come to the knowledge of the person to be served; or

(c) by advertisement in the Gazette, or in some newspaper circu- By advertiselating within the jurisdiction; or

ment.

(d) by notice put up at the court-house or some other place of By notice. public resort of the province or district wherein the proceeding in respect of which the service is made is instituted, or at the usual or last known place of abode or of business of the person to be served.

officers.

6. When the party to be served is in the service of the Govern- Service on ment, the Court may transmit a duplicate of the document to be Government served to the head officer of the department in which such party is employed, for the purpose of being served on him, if it shall appear to the Court that it may be most conveniently so served, and such head officer shall cause the same to be served on the proper party accordingly.

ordinarily

7. Ordinarily service may not be made out of the particular juris- Service not diction, except under an order for that purpose made by the Court to be made within whose jurisdiction service is to be made, which order may be out of made on the request of any other Court, and shall in each case direct particular in what mode service is to be made. jurisdiction.

8. Where, however, the urgency or other peculiar circumstances of In cases of the case appear to any Court to require (for reasons recorded in the urgency. Minutes), the Court may order that service be made out of its particular jurisdiction.

appearance.

9. In every case it shall be lawful for the Court, in its discretion, Court to fix to fix the time for appearance by the defendant, and to give any other time for direction with reference to such service which it may think fit. 10. An order for service may be varied from time to time with Varying respect to the mode of service directed by the order. 11. Service in a civil case shall not be made on Sunday, Good No service in Friday, Christmas Day, or the day next before and the next after civil cases on Christmas Day.

order of service.

Sundays or holidays.

may be on

12. In a criminal case a search warrant, or a warrant of apprehen- In criminal sion or commitment or other purpose, may be issued and executed on cases service any Sunday or holiday, where the urgency of the case so requires. 13. A book shall be kept at every Court for recording service of process, in such form as the Chief Justice may direct, in which shall proof of be entered by the officer serving the process, or by the Registrar, the service.

any day.

Record and

1st Schedule names of the plaintiff or complainant and defendant, the particular Court issuing the process, the method, whether personal or otherwise, of the service, and the manner in which the person serving ascertained that he served the process on the right person, and where any process shall not have been duly served, then the cause of failure shall be stated; and every entry in such book or an office copy of any entry shall be prima facie evidence of the several matters therein stated.

How to be made.

Commencement of a time limited.

When act to be done.

Sundays and holidays.

Time expiring
on Sunday
or holiday.

Enlargement

of time.

Order IV.

COMPUTATION OF TIME.

1. Where by any Ordinance or any order or rule of Court, or any special order, or the course of the Court, any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, and such time is not limited by hours, the following rules shall apply :

(1) The limited time does not include the day of the date of or the happening of the event, but commences at the beginning of the day next following that day:

(2) The act or proceeding must be done or taken at latest on the last day of the limited time:

(3)

Where the limited time is less than six days, the following days shall not be reckoned as part of the time, namely, Sunday, Good Friday, Monday and Tuesday in Easter week, Christmas Day and the day next before and next after Christmas Day, nor any public holiday:

(4) When the time expires on one of those days, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being one of those days.

2. Parties may by consent enlarge or abridge any of the times or abridgment fixed by the rules in the Schedules of this Ordinance for taking any step or filing any document or giving any notice in any suit. Where such consent cannot be obtained, either party may apply to the Court for an order to effect the object sought to have been obtained with the consent of the other party, and such order may be made although the application for the order is not made until after the expiration of the time allowed or appointed.

Public or

private

Order V.

MISCELLANEOUS PROVISIONS.

1. The sittings of the Court for the hearing of causes shall ordiFittings of the narily be public; but the Court may, for a reason to be specified by it on the minutes, hear any particular cause or matter in the presence only of the parties, with their legal advisers (if any), and the officers of Court.

Court.

What orders to be made.

2. Subject to particular rules, the Court may in all causes and matters make any order which it considers necessary for doing justice,

whether such order has been expressly asked by the person entitled to 1st Schedule the benefit of the order or not.

costs.

3. All fines, forfeitures, pecuniary penalties and costs ordered to be Recovery of paid may be levied by distress, seizure, and sale of the moveable and penalties and immoveable property of the person making default in payment, and any bill of sale or mortgage or transfer of property made with the view of avoiding such distress, seizure or sale, shall be ineffectual for such purpose.

4. In all cases in which the publication of any notice is required Notices. the same may be made by advertisement in the Gazette, unless otherwise provided in any particular case by any rule of Court or otherwise ordered by the Court.

5. The several offices of the Court shall be open at such times as the Office hours. Chief Justice shall direct by any order published in the Gazette; and, subject as aforesaid, they shall be open betwixt the hours of ten and four on every day of the year, except Sundays, Good Friday, Monday and Tuesday in Easter week, Christmas Day, and the day next before and next after Christmas Day, and all public holidays.

*

6. A document shall not be filed unless it has indorsed on it the Filing. name and number of the cause, the date of filing and whether filed by plaintiff or defendant; and on being filed such indorsement shall be initialled by the Registrar.

7. In any cause or matter to which the Crown, the Government of Government the Colony, the Governor, or the head of any Government department officer may appear for is a party, any Government officer may appear and act for the Crown, Crown. the Government of the Colony, the Governor, or the head of such Government department, as the case may be.

Order VI.
EVIDENCE.

1. Exclusion of Witnesses.

of Court.

1. On the application of either party, or of its own motion, the Ordering Court may order witnesses on both sides to be kept out of Court; but witnesses out this rule does not extend to the parties themselves or to their respective legal advisers, although intended to be called as witnesses.

2. The Court may during any trial take such means as it considers Preventing necessary and proper for preventing communication with witnesses communica who are within the court-house or its precincts awaiting examination. witnesses.

2. Discrediting Witnesses.

tion with

discredit his

3. The party producing a witness shall not be allowed to impeach How far a his credit by general evidence of bad character, but he may, in case party mar the witness shall in the opinion of the Court prove adverse, contradict him by other evidence, or by leave of the Court prove that he has made at other times a statement inconsistent with his present testi

* Order made 11th September, 1895. See Appendix, p. 1086.

own witness.

1st Schedule mony; but before such last-mentioned proof can be given the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.

Proof of contradictory statements of adverse witnesses.

Cross-exami

nation as to previous

4. If a witness upon cross-examination as to a former statement made by him relative to the subject-matter of the trial, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did in fact make it; but before such proof can be given the circumstances of the supposed statement sufficient to designate the particular occasion must be mentioned to the witness, and he must be asked whether or not he has made such statement.

5. A witness may be cross-examined as to previous statements made by him in writing relative to the subject-matter of the trial without statements in such writing being shown to him, but if it is intended to contradict writing. such witness by the writing his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him: provided always, that it shall be competent for the Court, at any time during the trial, to require the production of the writing for its inspection, and the Court may thereupon make use of it for the purposes of the trial, as it shall think fit.

Proof of

previous conviction of

witness may be given.

Attesting

6. A witness on any trial may be questioned as to whether he has been convicted of any felony or misdemeanour, and, upon being so questioned, if he either denies the fact or refuses to answer, it shall be lawful for the opposite party to prove such conviction; and a certificate, containing the substance and effect only (omitting the formal part) of the indictment or information and conviction for such offence, purporting to be signed by the Registrar or other officer having the custody of the records of the Court where the offender was convicted, or by the deputy of such Registrar or officer, shall, upon proof of the identity of the person convicted, be sufficient evidence of the said conviction, without proof of the signature or official character of the person appearing to have signed the same.

3. Documentary Evidence.

7. It shall not be necessary to prove by the attesting witness any witness need instrument to the validity of which attestation is not requisite; and such instrument may be proved by admission or otherwise, as if there had been no attesting witness thereto.

not be called except in certain cases. Comparison

of disputed writing.

Entries in books of accounts.

8. Comparison of a disputed writing with any writing proved to the satisfaction of the Court to be genuine, may be made by the Court, or by witnesses; and such writings, and the evidence of witnesses respecting the same, shall be evidence of the genuineness or otherwise of the writing in dispute.

9. Entries in books of accounts kept in the course of business with such a reasonable degree of regularity as shall be satisfactory to the Court, shall be admissible in evidence whenever they refer to a matter into which the Court has to inquire, but shall not alone be sufficient evidence to charge any person with liability.