PART XXV.

FORMS.

and

As in this Part may be varied as to

1152. The several forms in this Part, varied to suit the case, or forms to the like effect, shall be deemed good, valid sufficient in the cases thereby respectively provided for; and officials. may, when made for one class of officials, be varied so as to apply to any other class having the same jurisdiction. 55-56 V., c. 29, ss. 541 and 982.

Statutory forms.]—A similar provision was contained in the statute 3233 Vict., ch. 30, and it was held by Taylor, J., of the Manitoba Court of Queen's Bench that the forms were not imperative. R. v. Connor (1885), 2 Man. R. 235, 1 Terr. L.R. 4.

The use of Code form 73 in endorsing a certificate of non-appearance upon a recognizance of bail is not imperative. R. v. May (1905), 9 Can. Cr. Cas. 529.

A notice of appeal from a summary conviction is not invalid because of the want of signature. And although signature was indicated by former Code form NNN., an unsigned notice of appeal otherwise valid in form was held to be a "form to the like effect" and valid. The King v. Bryson, 10 Can. Cr. Cas. 398.

Where statutory forms are declared to be sufficient by the statute itself, a warrant following the statutory form is good, although it does not mention all of the statutory conditions of discharge. Ex parte Hilchie, 11

Can. Cr. Cas. 85.

Where an estreat had been directed upon an informal certificate initialed but not more fully signed by the magistrate, a motion made after a long delay to vacate the estreat for irregularity was refused. R. v. May (1905). 9 Can. Cr. Cas. 529; and see R. v. Hamilton (1898), 2 Can. Cr. Cas. 390.

justice of the peace, in and for the district (or county, etc.,)

of

who says that (describe things to be

searched for and offence in respect of which search is made), and that he has just and reasonable cause to suspect, and suspects that the said goods and chattels, or some part of them are concealed in the (dwelling-house, etc.,) of C. D., of in the said district (or county, etc.,) (hore add the causes of suspicion, whatever they may be): Wherefore (he) prays that a search warrant may be granted to him to search the (dwelling-house, etc.), of the said C. D., as aforesaid, for the said goods and chattels so stolen, taken and carriel away as aforesaid (or as the case may be).

Sworn (or affirmed) before me the day and year first above mentioned, at in the said county of

J. S.,

J. P., (name of district or county, etc.)

63-64 V., c. 46, form J.

FORM 2.

(Section 630.)

Warrant to Search.

Canada,

Province of

County of

To all or any of the constables and other peace officers in the said county of

Whereas it appears on the oath of A. B., of

that

there is reason to suspect that (describe things to be searched for and offence in respect of which search is made) are concealed in

at

This is, therefore, to authorize and require you to enter between the hours of (as the justice shall direct) into the said premises, and to search for the said things, and to bring the same before me or some other justice.

FORM 3.

(Section 654.)

Information and Complaint for an Indictable Offence.

Canada,

Province of

County of

The information and complaint of C.D. of (yeoman), taken this

year

day of

in the

before the undersigned (one) of His Majesty's justices of the peace in and for the said county who saith that (etc., stating the offence).

of

Sworn before (me), the day and year first above mentioned,

Warrant to Apprehend a Person Charged with an Indictable Offence Committed on the High Seas or Abroad.

For offences committed on the high seas the warrant may be the same as in ordinary cases, but describing the offence to have been committed 'on the high seas, out of the body of any district or county of Canada and within the jurisdiction of the Admiralty of England.'

For offences committed abroad for which the parties may be indicted in Canada, the warrant also may be the same as in ordinary cases, but describing the offence to have been committed 'on land out of Canada, to wit: at

in the

the case may be.

55-56 V., c. 29, sch. 1, form D.

FORM 5.

(Section 658.)

Summons to a Person charged with an Indictable Offence.

Whereas you have this day been charged before the under

a justice of the peace in and for the said for that you on

at

(stating shortly the offence): These are therefore to command you, in His Majesty's name, to be and appear before (me) o'clock in the (fore) noon, at

on

at

or before such other justice or justices of the peace for the same county of as shall then be there, to answer to the said charge, and to be further dealt with according to law. Herein fail not.

Given under (my) hand and seal, this

in the year

day of

55-56 V., c. 29, sch. 1, form E.

FORM 6.

J. P., (name of county.)

(Section 659.)

Warrant in the first instance to apprehend a Person charged with an Indictable Offence.

Canada,

Province of

County of

To all or any of the constables and other peace officers in the

a justice for that he, on did (etc., stating shortly the offence): These are, therefore, to command you, in His Majesty's name, forthwith to apprehend the said A. B., and to bring him before (me) or some other justice of the peace

to answer unto the

in and for the said county of
said charge, and to be further dealt with according to law.
Given under (my) hand and seal, this

in the year

55-56 V., c. 29, sch. 1, form F.

(Section 660.)

day of

in the county aforesaid. J. S., [SEAL.]

FORM 7.

J. P., (name of county.)

Warrant when the Summons is disobeyed.

Canada,

Province of

County of

:}

To all or any of the constables and other peace officers in the

said county of

Whereas on the

past) A.B., of

or us,) the undersigned (or name the justice or justices, or as the case may be), (a) justice of the peace in and for the said county of for that (etc., as in the summons); and whereas I (or he the said justice of the peace, or we or they the said justices of the peace) did then issue (my, our, his or their) summons to the said A. B., commanding him, in His Majesty's name, to be and appear before (me) on

at

o'clock in the (fore) noon, at

or before such other justice or justices of the peace as should then be there, to answer to the said charge and to be further dealt with according to law; and whereas the said A. B. has neglected to be or appear at the time and place appointed in and by the said summons, although it has now been proved to (me) upon oath that the said summons was duly served upon the said A. B.: These are therefore to command you in His Majesty's name, forthwith to apprehend the said A. B., and to bring him before (me) or some other justice of the peace in and for the said county of to answer the said charge, and

to be further dealt with according to law. Given under (my) hand and seal, this