Warrant of deliverance.

Warrant for

the arrest of a

to abscond.

notify the committing justice, that he will, as soon as coun. sel can be heard, move before a superior court of the province in which such person stands committed, or one of the judges thereof, or the judge of the county court, if it is intended to apply to such judge, under section six hundred and two, for an order to the justice to admit such prisoner to bail, whereupon such committing justice shall, as soon as may be, transmit to the clerk of the Crown, or the chief clerk of the court, or the clerk of the county court or other proper officer, as the case may be, endorsed under his hand and seal, a certified copy of all informations, examinations and other evidence, touching the offence wherewith the prisoner has been charged, together with a copy of the warrant of commitment, and the packet containing the same shall be handed to the person applying therefor, for transmission, and it shall be certified on the outside thereof to contain the information concerning the case in question. R.S.C., c. 174, s. 93.

2. Upon such application to any such court or judge the same order concerning the prisoner being bailed or continued in custody, shall be made as if the prisoner was brought up upon a habeas corpus. R.S.C., c. 174, s. 94.

3. If any justice neglects or offends in anything contrary to the true intent and meaning of any of the provisions of this section, the court to whose officer any such examination, information, evidence, bailment or recognizance ought to have been delivered, shall, upon examination and proof of the offence, in a summary manner, impose such fine upon every such justice as the court thinks fit. R.S.C., c. 174,

s. 95.

605. Whenever any justice or justices admit to bail any person who is then in any prison charged with the offence for which he is so admitted to bail, such justice or justices shall send to or cause to be lodged with the keeper of such prison, a warrant of deliverance under his or their hands and seals, requiring the said keeper to discharge the person so admitted to bail if he is detained for no other offence, and upon such warrant of deliverance being delivered to or lodged with such keeper, he shall forthwith obey the same. R.S.C., c. 174, s. 84.

606. Whenever a person charged with any offence has person about been bailed in manner aforesaid, it shall be lawful for any justice, if he sees fit, upon the application of the surety or of either of the sureties of such person and upon information being made in writing and on oath by such surety, or by some person on his behalf, that there is reason to believe that the person so bailed is about to abscond for the purpose of evading justice, to issue his warrant for the arrest of the person so bailed, and afterwards, upon being satisfied that the ends of justice would otherwise be defeated, to commit

such

such person when so arrested to gaol until his trial or until he produces another sufficient surety or other sufficient sureties, as the case may be, in like manner as before.

accused

607. The constable or any of the constables, or other per- Delivery of son to whom any warrant of commitment authorized by this to prison. or any other Act or law is directed, shall convey the accused person therein named or described to the gaol or other prison mentioned in such warrant, and there deliver him, together with the warrant, to the keeper of such gaol or prison, who shall thereupon give the constable or other person delivering the prisoner into his custody, a receipt for the prisoner, setting forth the state and condition of the prisoner when delivered into his custody.

2. Such receipt shall be in the form DD in schedule one hereto. R.S.C., c. 174, s. 85.

PART XLVI.

INDICTMENTS.

608. It shall not be necessary for any indictment or any Indictments record or document relative to any criminal case to be writ- need not be en ten on parchment. R.S.C., c. 174, s. 103.

parchment.

venue.

609. It shall not be necessary to state any venue in the Statement of body of any indictment, and the district, county or place named in the margin thereof, shall be the venue for all the facts stated in the body of the indictment; but if local description is required such local description shall be given in the body thereof. R.S.C., c. 174, s. 104.

indictment.

610. It shall not be necessary to state in any indictment Heading of that the jurors present upon oath or affirmation.

2. It shall be sufficient if an indictment begins in one of the forms EE in schedule one hereto, or to the like effect. 3 Any mistake in the heading shall upon being discovered be forthwith amended, and whether amended or not shall be immaterial.

contents of

counts.

611. Every count of an indictment shall contain, and Form and shall be sufficient if it contains, in substance a statement that the accused has committed some indictable offence therein specified.

2. Such statement may be made in popular language without any technical averments or any allegations of matter not essential to be proved.

3. Such statement may be in the words of the enactment describing the offence or declaring the matter charged to be an indictable offence or in any words sufficient to give the accused notice of the offence with which he is charged.

Offences may be charged in the alternative.

Certain ob-
jections not to

4. Every count shall contain so much detail of the circumstances of the alleged offence as is sufficient to give the accused reasonable information as to the act or omission to be proved against him, and to identify the transaction referred to: Provided that the absence or insufficiency of such details shall not vitiate the count.

5. A count may refer to any section or subsection of any statute creating the offence charged therein, and in estimating the sufficiency of such count the court shall have regard to such reference.

6. Every count shall in general apply only to a single transaction.

612. A count shall not be deemed objectionable on the
ground that it charges in the alternative several different
matters, acts or omissions which are stated in the alternative
in the enactment describing any indictable offence or declar-
ing the matters, acts or omissions charged to be an indictable
offence, or on the ground that it is double or multifarious:
Provided that the accused may at any stage of the trial
apply to the court to amend or divide any such count on the
ground that it is so framed as to embarrass him in his defence.
2. The court, if satisfied that the ends of justice require it,
may
order any count to be amended or divided into two or
more counts, and on such order being made such count shall
be so divided or amended, and thereupon a formal commence-
ment may be inserted before each of the counts into which
it is divided.

613. No count shall be deemed objectionable or insuffi-
vitiate counts, cient on any of the following grounds; that is to say:
(a.) that it does not contain the name of the person injured,
or intended, or attempted to be injured; or

(b.) that it does not state who is the owner of any property
therein mentioned; or

(c.) that it charges an intent to defraud without naming or describing the person whom it was intended to defraud; or (d.) that it does not set out any document which may be the subject of the charge; or

(e.) that it does not set out the words used where words used are the subject of the charge; or

(f.) that it does not specify the means by which the offence was committed; or

P.(L) or in caseswhere the consent of any person official me or describe with precision any or authority is required before a prosecution can be instituted, that it does not state that such consent has

been obtained.

Indictment
for high

treason or

S.613.

Amended
at

614. Every indictment for treason or lor an..32. against Part IV. of this Act must state overt acts, and no

evidence

offence.

evidence shall be admitted of any overt act not stated unless treasonable it is otherwise relevant as tending to prove some overt act stated.

2. The power of amending indictments herein contained shall not extend to authorize the court to add to the overt acts stated in the indictment.

615. No count for publishing a blasphemous, seditious, Indictments obscene or defamatory libel, or for selling or exhibiting an for libel. obscene book, pamphlet, newspaper or other printed or written matter, shall be deemed insufficient on the ground that it does not set out the words thereof: Provided that the court may order that a particular shall be furnished by the prosecutor stating what passages in such book, pamphlet, newspaper, printing or writing are relied on in support of the charge.

2. A count for libel may charge that the matter published was written in a sense which would make the publishing criminal, specifying that sense without any prefatory averment showing how that matter was written in that sense. And on the trial it shall be sufficient to prove that the matter published was criminal either with or without such innuendo.

616. No count charging perjury, the making of a false oath Indictments or of a false statement, fabricating evidence or subornation, or and certain for perjury procuring the commission of any of these offences, shall be other offences. deemed insufficient on the ground that it does not state the nature of the authority of the tribunal before which the oath or statement was taken or made, or the subject of the inquiry, or the words used or the evidence fabricated, or on the ground that it does not expressly negative the truth of the words used: Provided that the court may, if satisfied that it is necessary for a fair trial, order that the prosecutor shall furnish a particular of what is relied on in support of the charge.

2. No count which charges any false pretense, or any fraud, or any attempt or conspiracy by fraudulent means, shall be deemed insufficient because it does not set out in detail in what the false pretenses or the fraud or fraudulent means consisted Provided that the court may, if satisfied as aforesaid, order that the prosecutor shall furnish a particular of the above matters or any of them.

3. No provision herein before contained in this part as to matters which are not to render any count objectionable or insufficient shall be construed as restricting or limiting in any way the general provisions of section six hundred and eleven. R.S.C., c. 174, s. 107.

617. When any such particular as aforesaid is delivered a Particulars. copy shall be given without charge to the accused or his solicitor, and it shall be entered in the record and the trial

shall

Indictment for pretending to send money, &c., in letter.

Indictments in certain

cases.

Property of body corporate.

Indictment for stealing ores or minerals.

shall proceed in all respects as if the indictment had been amended in conformity with such particular.

2. In determining whether a particular is required or not, and whether a defect in the indictment is material to the substantial justice of the case or not, the court may have regard to the depositions.

618. It shall not be necessary to allege, in any indictment against any person for wrongfully and wilfully pretending or alleging that he inclosed and sent, or caused to be inclosed and sent, in any post letter, any money, valuable security or chattel, or to prove on the trial, that the act was done with intent to defraud. R.S.C., c. 174, s. 113.

619. An indictment shall be deemed sufficient in the cases following:

(a.) If it be necessary to name the joint owners of any real or personal property, whether the same be partners, joint tenants, parceners, tenants in common, joint stock companies or trustees, and it is alleged that the property belongs to one who is named, and another or others as the case may be;

(b.) If it is necessary for any purpose to mention such persons and one only is named;

(c.) If the property in a turnpike road is laid in the trustees or commissioners thereof without specifying the names of such trustees or commissioners;

(d.) If the offence is committed in respect to any property in the occupation or under the management of any public officer or commissioner, and the property is alleged to belong to such officer or commissioner without naming him;

(e.) If, for an offence under section three hundred and thirty-four, the oyster bed, laying or fishery is described by name or otherwise, without stating the same to be in any particular county or place. R.S.C., c. 174, ss. 118, 119, 120, 121 and 123.

620. All property, real and personal, whereof any body corporate has, by law, the management, control or custody, shall, for the purpose of any indictment or proceeding against any other person for any offence committed on or in respect thereof, be deemed to be the property of such body corporate. R.S.C., c. 174, s. 122.

621. In any indictment for any offence mentioned in sections three hundred and forty-three or three hundred and seventy-five of this Act, it shall be sufficient to lay the property in Her Majesty, or in any person or corporation, in different counts in such indictment; and any variance in the latter case, between the statement in the indictment and the evidence adduced, may be amended at the trial; and if no owner is proved the indictment may be amended by laying the property in Her Majesty. R.S.Č., c. 174, s. 124.