Arrest of suspected deserter. Breaking open buildings, not without warrant. Resisting warrant. Summons. Form. In blank. Proof of service. Warrant for apprehen sion. Form. In blank. Formalities apprehend such person to be dealt with as herein and hereby directed. 55-56 V., c. 29, s. 560. 657. Every one who is reasonably suspected of being a deserter from His Majesty's service may be apprehended and brought for examination before any justice, and if it appears that he is a deserter he shall be confined in gaol until claimed by the military or naval authorities or proceeded against according to law. 2. No one shall break open any building to search for a deserter unless he has obtained a warrant for that from purpose a justice, founded on affidavit that there is reason to believe that the deserter is concealed in such building, and that admittance has been demanded and refused. 3. Every one who resists the execution of any such warrant shall incur a penalty of eighty dollars, recoverable on summary conviction, before two justices. 55-56 V., c. 29, s. 561. 658. Every summons issued by a justice under this Act shall be directed to the accused, and shall require him to appear at a time and place to be therein mentioned. 2. Such summons may be in form 5, or to the like effect. 3. No summons shall be signed in blank. 4. Every such summons shall be served by a constable or other peace officer upon the person to whom it is directed, either by delivering it to him personally or, if such person cannot conveniently be met with, by leaving it for him at his last or most usual place of abode with some inmate thereof apparently not under sixteen years of age. 5. The service of any such summons may be proved by the oral testimony of the person effecting the same or by the affidavit of such person purporting to be made before a justice. 55-56 V., c. 29, s. 562. 659. The warrant issued by a justice for the apprehension of the person against whom an information or complaint has been laid as provided in section six hundred and fifty-four may be in form 6, or to the like effect. 2. No such warrant shall be signed in blank. c. 29, s. 563. 55-56 V., 660. Every warrant shall be under the hand and seal of warrant. of the justice issuing the same, and may be directed, either to any constable by name, or to such constable and all other constables within the territorial jurisdiction of the justice issuing it, or generally to all constables within such jurisdiction. Statement of offence. 2. The warrant shall state shortly the offence for which it is issued, and shall name or otherwise describe the offender, and it shall order the officer or officers to whom it is directed to apprehend 2596 apprehend the offender and bring him before the justice or justices issuing the warrant, or before some other justice or justices, to answer to the charge contained in the information or complaint, and to be further dealt with according to law. 3. It shall not be necessary to make such warrant returnable No return at any particular time, but the same shall remain in force until day. it is executed. 4. The fact that a summons has been issued shall not pre- Summons vent any justice from issuing a warrant at any time before notto or after the time mentioned in the summons for the of the accused. prevent appearance warrant. default. 5. In case the service of the summons has been proved and Warrant in the accused does not appear, or when it appears that the summons cannot be served, a warrant in form 7 may issue. 55-56 Form. V., c. 29, s. 563. how exe 661. Every such warrant may be executed by arresting the Where and accused wherever he is found in the territorial jurisdiction of cuted. the justice by whom it is issued, or, in the case of fresh pursuit, at any place in an adjoining territorial division within seven miles of the border of the first-mentioned division. 2. Every such warrant may be executed by any constable By whom. named therein or by any one of the constables to whom it is directed, whether or not the place in which it is to be executed is within the place for which he is a constable. 3. Every warrant authorized by this Act may be issued and On holiday. executed on a Sunday or statutory holiday. 55-56 V., c. 29, s. 564. 662. If the person against whom any warrant has been Endorsement issued cannot be found within the jurisdiction of the justice of warrant. by whom the same was issued, but is or is suspected to be in any other part of Canada, any justice within whose jurisdiction he is or is suspected to be, upon proof being made on oath or affirmation of the handwriting of the justice who issued the same, shall make an endorsement on the warrant, signed with his name, authorizing the execution thereof within his juris diction. 2. Such endorsement shall be sufficient authority to the per- Effect of. son bringing such warrant, and to all other persons to whom the same was originally directed, and also to all constables of the territorial division where the warrant has been so endorsed, to execute the same therein and to carry the person against whom the warrant issued when apprehended, before the justice who issued the warrant, or before some other justice for the same territorial division. 3. Such endorsement may be in form 8. 55-56 V., c. 29, s. 565. 2597 Form. 663. Procedure on arrest under endorsed warrant. Procedure in other cases of person arrested on warrant. Preliminary inquiry. mitted out of jurisdiction. 663. If the prosecutor or any of the witnesses for the prosecution are in the territorial division where such person has been apprehended upon a warrant endorsed as provided in the last preceding section, the constable or other person or persons who have apprehended him may, if so directed by the justice endorsing the warrant, take him before such justice, or before some other justice for the same territorial division; and the said justice may thereupon take the examination of such prosecutor or witnesses, and proceed in every respect as if he had himself issued the warrant. 55-56 V., c. 29, s. 566. 664. When any person is arrested upon a warrant he shall, except in the case provided for in the last preceding section, be brought as soon as is practicable before the justice who issued it or some other justice for the same territorial division, and such justice shall either proceed with the inquiry or postpone it to a future time, in which latter case he shall either commit the accused person to proper custody or admit him to bail or permit him to be at large on his own recognizance according to the provisions hereinafter contained. 55-56 V., c. 29, s. 567. 665. The preliminary inquiry may be held either by one justice or by more justices than one. Offence com- 2. If the accused person is brought before any justice charged with an offence committed out of the limits of the jurisdiction of such justice, such justice may, after hearing both sides, order Proceedings. the accused at any stage of the inquiry to be taken by a constable before some justice having jurisdiction in the place where the offence was committed. Offender taken before offence committed. 3. The justice so ordering shall give a warrant for that purjustice where pose to a constable, which may be in form 9, or to the like effect, and shall deliver to such constable the information, depositions and recognizances, if any, taken under the provisions of this Act, to be delivered to the justice before whom the accused person is to be taken, and such depositions and recognizances shall be treated to all intents as if they had been taken by the last-mentioned justice. 55-56 V., c. 29, s. 557. Idem. Form. 666. Upon the constable delivering to the justice the warrant, information, if any, depositions and recognizances, and proving on oath or affirmation, the handwriting of the justice who has subscribed the same, such justice, before whom the accused is produced, shall thereupon furnish such constable with a receipt or certificate in form 10, of his having received from him the body of the accused, together with the warrant, information, if any, depositions and recognizances, and of his having proved to him, upon oath or affirmation, the handwriting' of the justice who issued the warrant. 2598 2. 2. If such justice does not commit the accused for trial, or Idem. hold him to bail, the recognizances taken before the first mentioned justice shall be void. 55-56 V., c. 29, s. 557. inquisition. 667. Every coroner, upon any inquisition taken before him Coroner's whereby any person is charged with manslaughter or murder, shall, if the person or persons, or either of them, affected by the verdict or finding is not already charged with the said offence before a magistrate or justice, by warrant under his Warrant or hand, direct that such person be taken into custody and be conveyed, with all convenient speed, before a magistrate or justice; or such coroner may direct such person to enter into a recognizance before him, with or without a surety or sureties, to appear before a magistrate or justice. recognizance. depositions. 2. In either case, it shall be the duty of the coroner to Transmitting transmit to such magistrate or justice the depositions taken before him in the matter. 3. Upon any such person being brought or appearing before Procedure. any such magistrate or justice, he shall proceed in all respects as though such person had been brought or had appeared before him upon a warrant or summons. 55-56 V., c. 29, s. 568. PART XIV. PROCEDURE ON APPEARANCE OF ACCUSED BEFORE JUSTICE. Jurisdiction. 668. When any person accused of an indictable offence is Inquiry by before a justice, whether voluntarily or upon summons, or justice. after being apprehended with or without warrant, or while in custody for the same or any other offence, the justice shall proceed to inquire into the matters charged against such person in the manner hereinafter directed. 55-56 V., c. 29, s. 577. or variance 669. No irregularity or defect in the substance or form of Irregularity the summons or warrant, and no variance between the charge to affect contained in the summons or warrant and the charge contained validity. in the information, or between either and the evidence adduced on the part of the prosecution at the inquiry, shall affect the validity of any proceeding at or subsequent to the hearing. 55-56 V., c. 29, s. 578. of. 670. If it appears to the justice that the person charged has Adjournbeen deceived or misled by any such variance in any summons ment in se or warrant, he may adjourn the hearing of the case to some future day, and in the meantime may remand such person, or admit him to bail as hereinafter mentioned. 55-56 V., c. 29. s. 579. 2599 Procuring Summons for witness. Form. Service of summons for witness. Warrant for witness after summons. Form. Execution. Endorsement. Procedure against defaulting witness. Procuring attendance of Witnesses. 671. If it appears to the justice that any person being or residing within the province is likely to give material evidence either for the prosecution or for the accused on such inquiry he may issue a summons under his hand, requiring such person to appear before him at a time and place mentioned therein to give evidence respecting the charge, and to bring with him any documents in his possession or under his control relating thereto. 2. Such summons may be in form 11, or to the like effect. 55-56 V., c. 29, s. 580. 672. Every such summons shall be served by a constable or other peace officer upon the person to whom it is directed either personally, or, if such person cannot conveniently be met with, by leaving it for him at his last or most usual place of abode with some inmate thereof apparently not under sixteen years of age. 55-56 V., c. 29, s. 581. 673. If any one to whom such last-mentioned summons is directed does not appear at the time and place appointed thereby, and no just excuse is offered for such non-appearance, then after proof upon oath that such summons has been served as aforesaid, or that the person to whom the summons is directed is keeping out of the way to avoid service, the justice before whom such person ought to have appeared, if satisfied by proof on oath that such person is likely to give material evidence, may issue a warrant under his hand to bring such person at a time and place to be therein mentioned before him or any other justice in order to testify as aforesaid. 2. The warrant may be in form 12, or to the like effect. 3. Such warrant may be executed anywhere within the territorial jurisdiction of the justice by whom it is issued, or, if necessary, endorsed as provided in section six hundred and sixty-two and executed anywhere in the province out of such jurisdiction. 55-56 V., c. 29, s. 582. 674. If a person summoned as a witness under the provisions of this Part is brought before a justice on a warrant issued in consequence of refusal to obey the summons, such person may be detained on such warrant before the justice who issued the summons, or before any other justice in and for the same territorial division who shall then be there, or in the common gaol, or any other place of confinement, or in the custody of the person having him in charge, with a view to secure his presence as a witness on the day fixed for the trial, or, in the discretion. of the justice, released on recognizance, with or without sureties, conditioned for his appearance to give evidence as therein mentioned, and to answer as for contempt for his default in not attending upon the said summons. 2600 2. |