Preparation and issue of writ

(1) On being furnished at any time before or during any sitting of the court, with a praecipe containing the names and places of abode of any witnesses on behalf of the prosecution or of the defence whose attendance at the trial of any cause is required to be secured by subpoena, the Registrar shall prepare, and deliver to the Chief Officer of Police in charge of the district in which the court is sitting, a writ or writs of subpoena, together with as many copies thereof as there are witnesses named in the writ or writs. (2) Where a writ is applied for and obtained by any accused person who has been committed for trial on a charge of having committed any crime other than a capital offence, the Registrar shall insert in the margin of the writ the name of the person who applied for and obtained it, and that person shall pay to the Registrar the sum of one dollar. (3) Where application is made to the court to postpone the trial of any cause on the ground of the absence of any witness stated to be material, it shall be taken as prima facie evidence that, the party applying for the postponement has not exercised due diligence to secure the attendance of that witness, if it appears that no subpoena to him was served in time to enable him to attend on the day of trial.