(T 1) See s. 57.

WARRANT OF COMMITMENT.

Province of Canada, District (or county, united counties, or as the case may be) of.

To all or any of the constables, or other peace officers, in the district (or county, united counties, or as the case may be) of · and to the keeper of the common gaol of the district (or county, united counties, or as the case may be) at in the said district (or county, &c.) of

Whereas A. B. was this day charged before (me) J. S. (one) of Her Majesty's Justices of the Peace in and for the said district (or county, united counties, or as the case may be) of on the oath of C. D. of (farmer) and others, for that, (&c., stating shortly the offence); These are therefore to command you the said constables or peace officers, or any of you, to take the said A. B., and him safely convey to the common gaol at

aforesaid, and there deliver him to the Keeper thereof, together with this precept; and I do hereby command you the said keeper of the said common gaol, to receive the said A. B. into your custody in the said common gaol, and there safely to keep him until he shall be thence delivered in due course of law.

Given under my hand and seal, this Lord

day of

at in the district (or county, &c.) of

in the year of our aforesaid.

GAOLER'S RECEIPT TO THE CONSTABLE FOR THE PRISONER, AND JUSTICE'S ORDER THEREON FOR THE PAYMENT OF THE CON- . STABLE'S EXPENSES IN EXECUTING THE COMMITMENT.

I hereby certify that I have received from W. T., constable of the district (or county, &c.) of the body of A. B., together with a warrant under the hand and seal of J. S., Esquire, one of Her Majesty's Justices of the Peace for the said district (or county, united counties, or as the case may be) of and that the said A. B. was sober, (or as the case may be) at the time he was delivered into my custody.

Keeper of the common gaol of the said District (or county, &c.) ·

P. K.

- at

To R. W. Esquire, treasurer of the district (or county, united counties, or as as the case may be,) of

Whereas W. T., constable, of the district (or county, united counties, or as the case may be) of hath produced unto me, J. P. one of Her Majesty's Justices of the Peace in and for the said district (or county, united counties, or as the case may be) of the above receipt of P. K., keeper of the common gaol at And whereas in pursuance of the statute in such case made and provided, I have ascertained that the sum which ought to be paid to the said W. T. for arresting and conveying the said A. B. from to the said common

in the district (or county, &c.) of

gaol is
ing, will amount to the further sum of

and that the reasonable expenses of the said W. T. in return-
making together the sum of

; These are therefore to order you, as such treasurer for the said district (or county, united counties, or as the case may be) of to pay unto the said W. T. the said sum of according to the form of the statute in such case made and provided, for which payment this order shall be your sufficient voucher and authority.

Given under my hand, this

dred and

Received, the

day of

one thousand eight hun

day of

the sum of

J. P. one thousand eight hundred and

of the treasurer of the district (or county, united counties, or as the case may be) of

order.

-cts,

being the amount of the above

W. T.

DUTIES OF JUSTICES OF THE PEACE.

CONSOL. STAT. CANADA, CAP. CIII.

AN ACT RESPECTING THE DUTIES OF JUSTICES OF THE peace, out of SESSIONS, IN RELATION TO SUMMARY CONVICTIONS AND ORDERS.

Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

tice of the Peace,

may issue a sum

party.

1. In all cases where an information is laid before where an infor mation is laid, one or more of Her Majesty's Justices of the Peace &c., before a Jusfor any Territorial Division of this Province, that &c., such Justice any person has committed, or is suspected to have mons to such committed, any offence or act within the jurisdiction of such Justice or Justices, for which he is liable by law, upon a summary conviction for the same before a Justice or Justices of the Peace, to be imprisoned or fined, or otherwise punished, and also in all cases where a complaint is made to any such Justice or Justices, upon which he or they have authority by law to make any order for the payment of money or otherwise, such Justice or Justices of the Peace may issue his or their summons (A), directed to such person, stating shortly the matter of the information or complaint, and requiring him to appear, at a certain time and place, before the same Justice or Justices, or before such other Justice or Justices of the same Territorial Division as may then be there, to answer to the said informa

tion or complaint, and to be further dealt with according to law.*

How summons to 2. Every such Summons shall be served by a Constable or other Peace Officer, or other person to

be served.

Constables to attend to depose,

&c.

Justices not obliged in certain cases to issue summons.

whom the same may be delivered, upon the person to whom it is directed, by delivering the same to the party personally, or by leaving it with some person for him at his last or most usual place of abode.

3. The constable, peace officer, or person who serves the same,. shall attend at the time and place, and before the Justices, in the said summons mentioned, to depose, if necessary, to the service thereof.

4. But nothing herein before contained shall oblige any Justice or Justices of the Peace to issue any

"

66

* From this section it will be seen that when an order for the payment of money or otherwise is sought, the preliminary step is called a complaint," while the same step is called an "information" when it relates to any offence which renders the party convicted of such offence liable to fine or imprisonment. Where the statute under which the complaint or information is laid, in describing the offence, contains the words maliciously," 'knowingly," "unlawfully," or words of similar import, it should be inserted in the information, that the defendant committed the offence "maliciously," &c., as the case may be; and if there be any exemption or exception in the clause under which the offence is charged, and which must necessarily be read as a part thereof, it is requisite to negative such exemption or exception as applicable to the defendant.

Under some particular cases (cruelty to animals, for instance) an information is not necessary to commence proceedings, in consequence of there being an express dispensation relative thereto; but in practice it is usual, and certainly more correct, for Justices in all cases to require an information in writing and on oath before they will issue a summons. An information may properly be dispensed with in those cases where Justices are authorized to convict upon their own view of the commission of an offence.

In issuing a summons, Justices should always be careful to allow sufficient time before its return to enable the defendant to prepare his defence, and procure the attendance of any witnesses on his behalf. In practice it is customary (except under special circumstances) to allow a defendant one whole day, at the least, between the service of the summons and the hearing. But the defendant is bound not only to attend at the precise hour appointed, but to wait until the Justice is ready to hear the case, during all reasonable hours of the same day.

The summons is generally, in practice, made out in duplicate, both of which are signed and sealed by the Justice, and delivered to the constable, peace officer, or person directed to serve it. One of these is served on the defendant by delivering it to him personally, or by leaving it with some person for him at his last or most usual place of abode; the other is endorsed by the person who served the summons, with a memorandum of service, and retained by him for production at the hearing of the case.

such summons in any case where the application for any order of Justices is by law to be made ex parte.

allowed for want

5. No objection shall be allowed to any informa- No objection tion, complaint or summons, for any alleged defect of form. therein, in substance or in form, or for any variance between such information, complaint or summons, and the evidence adduced on the part of the informant or complainant at the hearing of such information or complaint; but if any such variance appear to the Justice or Justices present and acting at such hearing, to be such that the person summoned and appearing has been thereby deceived or misled, such Justice or Justices may, upon such terms as he or they think fit, adjourn the hearing of the case to a future day.

obeyed, Justice may issue warrant, &c.

6. If the person served with a summons does not if summons not appear before the Justice or Justices at the time and place mentioned in such summons, and it be made to appear to such Justice or Justices, by oath or affirmation, that such summons was duly served, what the Justice or Justices deem a reasonable time before the time therein appointed for appearing to the same, then such Justice or Justices, upon oath or affirmation being made before him or them, substantiating the matter of such information or complaint to his or their satisfaction, may, if he or they think fit, issue his or their warrant (B) to apprehend the party so summoned, and to bring him before the same Justice or Justices, or before some other Justice or Justices of the Peace in and for the same territorial division, to answer to the said information or complaint, and to be further dealt with according to law; or upon such information being laid as aforesaid for any offence punishable on conviction, the Justice or Justices before whom such information is laid, upon oath or affirmation being made before him or them substantiating the matter of such information to his or their