How summons to be served.

Constables, &C.,

to attend and depose.

If party summoned do

attend, Justice may issue a war

rant to compel attendance.

No objection al

defect in form or

with according to law: and every summons (C) shall be directed to the party so charged in and by such information, and shall state shortly the matter of such information, and shall require the party to whom it is directed to be and appear at a certain time and place therein mentioned, before the Justice who issues such summons, or before such other Justice or Justices of the Peace for the same territorial division as may then be there, to answer to the said charge, and to be further dealt with according to law.

13. Every such summons shall be served by a constable or other peace officer upon the person to whom it is directed, by delivering the same to the party personally, or if he cannot conveniently be met with, then by leaving the same for him with some person at his last or most usual place of abode. 14. The constable or other peace officer who serves the same in manner aforesaid, shall attend at the time and place, and before the Justice or Justices in the said summons mentioned, to depose, if necessary, to the service of such summons.

15. If the person served does not appear before such Justice or Justices, at the time and place mentioned in such summons, in obedience to the same, such Justice or Justice may issue his or their warrant (D) for apprehending the party so summoned, and bringing him before such Justice or Justices, or before some other Justice or Justices for the same territorial division to answer the charge in the information and complaint mentioned, and to be further dealt with according to law.

16. No objection shall be taken or allowed to any lowed for alleged such summons or warrant for any alleged defect substance. therein in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecutor before the Justice or Justices who

takes the examination of the witnesses in that behalf as hereinafter mentioned.

by

the

pears to Justices,

they may ad

journ the case to

future day.

17. If it appears to the Justice or Justices that If variance ap the party charged has been deceived or misled any such variance, such Justice or Justices, at request of the party so charged, may adjourn the hearing of the case to some future day, and, in the meantime, remand the party or admit him to bail in manner hereinafter mentioned.

prehend parties

hand and seal of

18. Every warrant (B) hereafter issued by any warrant to ap Justice or Justices of the Peace to apprehend any to be under the person charged with any indictable offence, shall be Justice. under the hand and seal, or hands and seals, of the Justice or Justices issuing the same, and may be directed to all or any of the constables or other peace officers of the territorial division within whichthe same is to be executed, or to such constable and all other constables or peace officers in the territorial division within which the Justice or Justices issuing the same has jurisdiction, or generally to all the constables or peace officers within such last mentioned territorial division; and it shall state shortly the offence on which it is founded, and shall name or otherwise describe the offender, and it shall order the person or persons to whom it is directed to apprehend the offender, and bring him before the Justice or Justices issuing such warrant, or before some other Justice or Justices of the Peace for the same territorial division, to answer to the charge contained in the said information, and to be further dealt with according to law.

remain in force

19. It shall not be necessary to make such war- Warrant may rant returnable at any particular time, but the same until executed. may remain in force until executed.

warrant may be

20. Such warrant may be executed by apprehend- How and where ing the offender at any place in the territorial divi-executed. sion within which the justice or justices issuing the

On what condi

tions constables,

warrant.

same have jurisdiction, or in case of fresh pursuit, at any place in the next adjoining territorial division, and within seven miles of the border of such first mentioned territorial division, without having such warrant backed, as hereinafter mentioned.

21. In case any warrant be directed to all consta&c. may execute bles or other peace officers in the territorial division within which the Justice or Justices have jurisdiction, any constable or other peace officer for any place within such territorial division may execute the warrant at any place within the jurisdiction for which the said justice or justices acted when he or they granted such warrant, in like manner as if such warrant had been directed specially to such constable by name, and notwithstanding the place within which such warrant is executed be not within the place for which he is constable or peace officer.

No objection al'lowed for alleged

substance.

22. No objection shall be taken or allowed to any defect in form or such warrant for any defect therein, in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution, before the justice or justices who takes the examination of the witnesses in that behalf as hereinafter mentioned. 23. If it appears to the Justice or Justices that the tices, they may party charged has been thereby deceived or misled to a future day. by any such variance, such justice or justices, at the request of the party charged, may adjourn the hearing of the case to some future day, and in the meantime may remand the party, or admit him to bail in manner hereinafter mentioned.

If variance appears to the Jus

adjourn the case

Regulations as

24. If the person against whom any such warrant to the backing has been issued, cannot be found within the jurisdic

of warrants.

tion of the Justice or Justices by whom the same was issued, or if he escapes, goes into, resides, or is supposed or suspected to be, in any place within this province, whether in Upper or in Lower Canada, out of the jurisdiction of the Justice or Justices issu

ing such warrant, any Justice of the Peace within the jurisdiction of whom such person so escapes or goes, or in which he resides, is, or is supposed or suspected to be, upon proof made on oath of the hand-writing of the Justice who issued the same, and without any security being given, shall make an endorsement (K) on, such warrant, signed with his name, authorizing the execution of such warrant within the jurisdiction of the Justice making such endorsement, and which endorsement shall be sufficient authority to the person bringing such warrant, and to all other persons to whom the same was originally directed, and also to all constables and other peace officers of the territorial division where such warrant has been so endorsed, to execute the same in such other territorial division, and to carry the person against whom such warrant issued, when apprehended, before the Justice or Justices of the Peace who first issued the said warrant, or before some other Justice or Justices of the Peace for the same territorial division, or before some Justice or Justices of the territorial division, where the offence mentioned in the said warrant appears therein to have been committed.

ble in case of

25. If the prosecutor or any of the witnesses upon Duty of constathe part of the prosecution be then in the territorial arrest. division where such person has been so apprehended, the constable, or other person or persons who have apprehended him may, if so directed by the Justice backing the warrant, take and convey him before the Justice who backed the warrant, or before some other Justice or Justices for the same territorial division or place; and the said Justice or Justices may thereupon take the examination of the prosecutor or witnesses, and proceed in every respect in manner hereinafter directed with respect to persons charged before a Justice or Justices of the Peace, with an offence alleged to have been committed in another

Power to Justices

to summon wit

and give evi

dence.

territorial division than that in which such persons have been apprehended.

26. If it be made to appear to any Justice of the nesses to attend Peace, by the oath or affirmation of any credible person, that any person within the jurisdiction of such Justice is likely to give material evidence for the prosecution, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the examination of the witnesses against the accused, such Justice shall issue his summons (L 1) to such person under his hand and seal, requiring him to be and appear at a time and place mentioned in the summons, before the said Justice, or before such other Justice or Justices of the Peace for the same territorial division as may then be there, to testify what he knows concerning the charge made against such accused party.

If summons not obeyed, warrant

compel attend

ance.

27. If any person so summoned neglects or refuses may be issued to to appear at the time and place appointed by the said summons, and no just excuse be offered for such neglect or refusal, then (after proof upon oath or affirmation of the summons having been served upon such person, either personally or with some person for him at his last or most usual place of abode,) the Justice or Justices before whom such person should have appeared, may issue a warrant (L 2) under his or their hands and seals, to bring such person, at a time and place to be therein mentioned, before the Justice who issued the said summons, or before such other Justice or Justices of the Peace for the same territorial division as may then be there, to testify as aforesaid, and which said warrant may, if necessary, be backed as hereinbefore mentioned, in order to its being executed out of the jurisdiction of the Justice who issued the same.

In certain cases, warrant may issue in first instance.

28. If the Justice be satisfied by evidence upon oath or affirmation that it is probable the person will not attend to give evidence unless compelled so