summons (G 1) to such person, under his hand and seal, requiring him to be and appear at a time and place mentioned in such summons, before the said Justice, or before such other Justice or Justices of the Peace for the said territorial division, as may then be there, to testify what he knows concerning the said information or complaint.

disobeyed, &c.,

issue warrant.

17. If any person so summoned neglects or refuses If summons be to appear at the time and place appointed by the Justice may said summons, and no just excuse be offered for such neglect or refusal, then, (after proof upon oath or affirmation of such summons having been served upon such person, either personally or by leaving the same for him with some person at his last or most usual place of abode), the Justice or Justices before whom such person should have appeared may issue a warrant (G 2) under his or their hands or seals, to bring and have 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 be then 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.

may issue bis

first instance.

18. If such Justice be satisfied, by evidence upon when Justice oath or affirmation, that it is probable that such per- warrant in the son will not attend to give evidence without being compelled to do so, then instead of issuing a summons he may issue his warrant (G 3) in the first instance, and which if necessary may be backed as aforesaid.

ing to be examin

19. If on the appearance of such person so sum- Witnesses refusmoned before the said last mentioned Justice or Jus- ed may be comtices, either in obedience to the summons or upon being brought before him or them, by virtue of the

mitted.

Certain complaints must be in writing.

Exception.

As to any variance between

the facts or evi

dence.

said warrant, such person refuses to be examined upon oath or affirmation concerning the premises, or refuses to take such oath or affirmation, or, having taken such oath or affirmation, refuses to answer such questions concerning the premises as are then put to him, without offering any just excuse for such refusal, any Justice of the Peace then present, and having jurisdiction, may by warrant (G 4) under his hand and seal commit the person so refusing to the common gaol or house of correction for the territorial division where such person then is, there to remain and be imprisoned for any time not exceeding ten days, unless in the meantime he consents to be examined and to answer concerning the premises.*

20. In all cases of complaints upon which a Justice or Justices of the Peace may make an order for the payment of money or otherwise, such complaint shall be in writing and on oath (T), unless it be enacted or provided to the contrary by some particular act of Parliament, upon which such complaint is framed.

21. In all cases of informations for offences or acts information, and punishable upon summary conviction, any variance between such information and the evidence adduced in support thereof as to the time at which such offence or act is alleged to have been committed, shall not be deemed material if it be proved that such information was in fact laid within the time limited by law for laying the same; and any variance between such information and the evidence adduced in support thereof, as to the place in which

the offence or act is alleged to have been commit

In all cases where persons are subpoenaed to give evidence before Justices of the Peace, in cases of assault, trespass or misdemeanor, the witness shall be entitled, in the discretion of the Magistrates, to receive at the rate of fifty cents for every day's attendance, where the distance travelled in coming to and returning from such adjudication does not exceed ten miles, and five cents for each mile above ten (Con. Stat. U. C. c.119, s. 13.)

ted, shall not be deemed material, provided the offence or act be proved to have been committed within the jurisdiction of the Justice or Justices by whom such information is heard and determined.*

rial, Justice may

22. If any such variance, or any other variance, If deemed mate between the information and the evidence adduced adjourn the case. in support thereof, appears to the Justice or Justices present and acting at the hearing, to be such that the party charged by such information has been thereby deceived or misled, such Justice or Justices, upon such terms as he or they think fit, may 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, or other prison, lock-up house, or place of security, 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 adjourned.

such

fendant is bailed

pear afterwards.

What to be done.

In Upper Canada

be sent to Clerk

23. In all cases where a defendant has been dis- In case the decharged upon recognizance as aforesaid, and does and fails to apnot afterwards appear at the time and place in recognizance mentioned, the said Justice who took the said recognizance, or any other Justice or Jus-recognizance to tices who may be there present, having certified (F) of the Peace. upon the back of the said recognizance the nonappearance 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

When an information charged the defendant with having committed an offence on the 5th of October, and on divers other days and times between the said 5th of October and the laying the information (16th November), and the Justices committed him for committing the offence alleged on the 8th of November, it was held that the variance was immaterial (Tuly v. Gee, 30, L. J. M. C. 222.)

Complaint or information must be made

upon oath except

shall be deemed sufficient prima facie evidence of the non-appearance of the said defendant.

24. All cases of complaint upon which a Justice or Justices of the Peace are authorized by law to in certain cases. make an order, and all cases of information for any offence or act punishable upon summary conviction, unless some particular Act of Parliament otherwise permits, shall be made or laid on oath or affirmation as to the truth thereof.*

And always

where warrant is

25. In all cases of informations, where the Justice issued in the first or Justices receiving the same thereupon issue his or plaint or infor- their warrant in the first instance, to apprehend the one matter only. defendant as aforesaid; and in every case where the

instance, com

mation to be for

For information or complaint.

Justice or Justices issue his or their warrant in the first instance, the matter of such information shall be substantiated by the oath or affirmation of the informant, or by some witness or witnesses on his behalf, before any such warrant shall be issued; and every such complaint shall be for one matter of complaint only, and not for two or more matters of complaint; and every such information shall be for one offence only, and not for two or more offences; and every such complaint or information may be laid or made by the complainant or informant in person, or by his counsel or attorney, or other person authorised in that behalf.

26. In all cases where no time is specially limited for making any such complaint or laying any such information in the Act or Acts of Parliament relat

The Justice, after reading the information over to the informant, and satisfying himself that the contents are properly understood by him, should cause him to sign it; and then giving him a Testament in his right hand, while the Justice taking the information, and holding it in his presence, should repeat the following form of oath:-"You, A. B., do swear that the contents of this information signed by you are true and correct. So help you God." After which the informant should kiss the book. If the informant should not be a Christian, the mode of swearing him must be varied according to his religious belief as noticed hereafter. If the informant is a Quaker, Menonist, or Tunker, or religiously objects to an oath, his solemn affirmation may be taken in place of the oath, but under similar liabilities if false.

ing to the particular case, such complaint shall be made and such information shall be laid, within three months from the time when the matter of such complaint or information arose.

of complaints

tions.

27. Every such complaint and information shall As to the hearing be heard, tried, determined and adjudged by one or and informatwo or more Justice or Justices of the Peace, as may be directed by the act or acts of Parliament upon which such complaint or information is framed, or by any other act or acts of Parliament in that behalf.*

such direction.

28. If there be no such direction in any act of If there be no Parliament, then such complaint or information may be heard, tried, determined and adjudged by any one Justice for the territorial district where the matter of such information or complaint arose.

open court.

29. The room or place in which such Justice or To be deemed an Justices sit to hear and try any such complaint or information, shall be deemed an open and public court, to which the public generally may have access, so far as the same can conveniently contain them.†

make full de

duce witnesses.

30. The party against whom such complaint is Defendant may made, or information laid, shall be admitted to make fence and prohis full answer and defence thereto, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf.

Where the Statute makes no provision, the hearing may be before one Justice only.

The majority of cases that come before Justices may be summarily disposed of by one Justice, at his private residence, and at any hour that may suit his convenience; but with the exception of cases of felony, where a Justice is merely acting ministerially, it is not very usual, and certainly not expedient, to hear cases in so private a manner. Indeed, as Justices are entrusted with the functions of both judge and jury, and must exercise their summary jurisdiction in a place to which the public may have reasonable access, it is more consonant with their object to dispense impartial justice for their judicial proceedings to be conducted with due solemnity and publicity; and it is therefore customary for them to hold their sittings in some convenient room, which may be resorted to by the public as an open court.