Or if the summons having &c., be not obey ed, the Justice may proceed ex parte. satisfaction, may, if he or they think fit, instead of issuing such summons as aforesaid, issue in the first instance his or their warrant (C) for apprehending the person against whom such information has been so laid, and bringing 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, and to be further dealt with according to law.* 7. If where a summons has been issued as aforebeen duly served, said, and upon the day and at the place therein appointed for the appearance of the party so summoned, the party fails to appear in obedience to the summons, then if it be proved upon oath or affirmation to the Justice or Justices present, that a summons was duly served upon the party a reasonable time before the time appointed for his appearance, such Justice or Justices of the Peace may proceed ex parte to the hearing of such information or complaint, and adjudicate thereon, as fully and effectually to all intents and purposes, as if the party had personally appeared before him or them in obedience to the said summons. Warrant to be under hand and 8. Every warrant to apprehend a defendant, that seal of Justice. he may answer to an information or complaint as aforesaid, shall be under the hand and seal, or hands * It will thus be seen from the latter part of the preceding section, that the Justice may issue a warrant to apprehend the defendant in the case either of a complaint or information, if he does not appear in answer to the summons, but a warrant to apprehend in the first instance, can only be granted in the case of an information. And the officer or other person executing a warrant of apprehension must have it in his possession at the time, in order that he may produce it, if required to do so by the person arrested. If the officer has not the warrant with him he is not justified in making the arrest under it. (Galliard v. Lanton, 31 L. J. M. C. 123). Whenever a warrant is issued to take a defendant into custody, it is incumbent on the Justice so to arrange with the peace officer, that the case may be brought to a hearing as soon as possible after the arrest; as it would be unjust, as well as illegal, to detain a party in custody for an unreasonable period, for any of those minor offences which are made cognizable before a Justice in a summary way. 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 which the same is to be executed, or to such constable and all other constables in the territorial division within which the Justice or Justices who issued such warrant hath or have jurisdiction, or generally to all the constables within such last mentioned territorial division, and it shall state shortly the matter of the information or complaint on which it is founded, and shall name or otherwise describe the person against whom it has been issued, and it shall order the constable or other peace officer to whom it is directed, to apprehend the defendant, and to bring him before one or more Justice or Justices of the Peace, of the same territorial division, as the case may require, to answer to the said information or complaint, and to be further dealt with according to law. returnable at any 9. It shall not be necessary to make such warrant It need not be returnable at any particular time, but the same may particular time." remain in full force until executed; and such warrant may be executed by apprehending the defendant at any place in the territorial division within which the Justices who issued the same have jurisdiction, or in case of fresh pursuit, at any place within the next adjoining territorial division, within seven miles of the border of such first mentioned territorial division, without having such warrant backed as hereinafter mentioned. 10. In all cases where the warrant is directed to By whom war rant may be all constables or peace officers in the territorial divi- executed. Endorsement of warrant when taken into ano ther jurisdiction, how performed, and its effects. No objection allowed for want of form in the warrant. stable by name, and notwithstanding that the place in which such warrant is executed be not within the place for which he is such constable or a peace officer. 11. If the person against whom any such warrant has been issued be not found within the jurisdiction of the Justice or Justices by whom it is issued, or, if he escapes, goes into, resides, or is, or is supposed or suspected to be in any place within this Province, whether in Upper or Lower Canada, out of the jurisdiction of the Justice or Justices who issued the warrant, any Justice of the Peace within whose jurisdiction such person may be or be suspected to be, as aforesaid, upon proof upon oath of the handwriting of the Justice or Justices issuing the warrant, may make an endorsement upon it, signed with his name, authorizing the execution of the warrant within his jurisdiction; and such endorsement shall be a sufficient authority to the person bringing the warrant, and to all other persons to whom it was originally directed, and to all constables or other peace officers of the territorial division wherein the endorsement has been made, to execute the same in any place within the jurisdiction of the Justice of the Peace endorsing the same, and to carry the offender, when apprehended, before the Justice or Justices who first issued the warrant, or some other Justice having the same jurisdiction. 12. No objection shall be taken or allowed to any warrant issued as aforesaid, for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the informant or complainant, but if it appears to the Justice or Justices present and acting at such hearing, that the party apprehended under such warrant has been deceived or misled by any such variance, such Justice or Justices may, upon such terms as he or they think fit, adjourn the hearing of the case to some future day, and in the meantime commit (D) the said defendant to the common gaol, house of correction, lock-up-house, or other prison, or place of security within the territorial division or place wherein the said Justice or Justices may be acting, or to such other custody as the said Justice or Justices think fit, or may discharge him upon his entering into a recognizance (E) with or without surety or sureties, at the discretion of such Justice or Justices, conditioned for his appearance at the time and place to which such hearing is so adjourned. ant is discharged and fails to 13. In all cases where a defendant is discharged Where a defendupon a recognizance as aforesaid, and does not on recognizance afterwards appear at the time and place in such appear, &c. recognizance mentioned, the Justice who took such recognizance, or any Justice or Justices who may then be there present, having certified (F) upon the back of the said recognizance, the non-appearance of the defendant, may in Upper Canada transmit such recognizance to the Clerk of the Peace of the territorial division within which such recognizance was taken, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient prima facie evidence of the nonappearance of the said defendant. information or 14. In any information or complaint, or proceed- Description of ings thereon, in which it is necessary to state the pers, &c., in any ownership of any property belonging to or in the complaint or proceedings thereon. possession of partners, joint tenants, parceners or tenants-in-common, it shall be sufficient to name one of such persons, and to state the property to belong to the person so named and another, or others, as the case may be; and whenever, in any information or complaint, or the proceedings thereon, it is necessary to mention, for any purpose whatsoever, any partners, joint tenants, parceners or tenants-in-com Abettors, &c., how punishable. Power to Justices to summon witnesses to attend and give evidence. mon, it shall be sufficient to describe them in the manner aforesaid; and whenever, in any such information or complaint, or the proceedings thereon, it is necessary to describe the ownership of any work or building made, maintained or repaired at the expense of any territorial division or place, or of any materials for the making, altering or repairing the same, they may be therein described as the property of the inhabitants of such territorial division or place.* 15. Every person who aids, abets, counsels or procures the commission of any offence which is punishable on summary conviction, shall be liable to be proceeded against and convicted for the same, either together with the principal offender, or before or after his conviction, and shall be liable, on conviction, to the same forfeiture and punishment as the principal offender, and may be proceeded against and convicted either in the territorial division or place where the principal offender may be convicted, or in that in which the offence of aiding, abetting, counselling or procuring was committed.† 16. If it be made to appear to any Justice of the 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 on behalf of the prosecutor or complainant, or defendant, and will not voluntarily appear as a witness at the time and place appointed for the hearing of such information or complaint, such Justice shall issue his Where quantity or value are necessary parts of the case, the complaint or in formation should, of course, specify them as accurately as possible; and more particularly so where they become the measure of the penalty or compensation to be awarded by the convicting Justice. When several persons are joined in a charge, and found guilty, they must be separately convicted and fined; for otherwise, if one refused to pay his share, the others might have to pay the whole, or be imprisoned until the first had paid his fine; and a conviction imposing a joint fine will be bad.—Morgan v. Brown, 4 Ad. & E. 515. |