punishable on summary conviction, 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.

3. Any one justice may receive the information or complaint, and grant a summons or warrant thereon, and issue his summons or warrant to compel the attendance of any witnesses for either party, and do all other acts and matters necessary preliminary to the hearing, even if by the statute in that behalf it is provided that the information or complaint shall be heard and determined by two or more justices.

4. After a case has been heard and determined ONE justice may issue all warrants of distress or commitment thereon. (1)

5. It shall not be necessary for the justice who acts BEFORE OP AFTER the hearing to be the justice or one of the justices by whom the case is to be or was heard and determined.

6. If it is required by any Act or law that an information or complaint shall be heard and determined by two or more justices. or that a conviction or order shall be made by two or more justices, such justices SHALL BE PRESENT AND ACTING TOGETHER DURING THE WHOLE OF THE HEARING AND DETERMINATION of the case.

8. No justice shall hear and determine any case of assault or battery, in which any question arises as to the title to any lands, tenements, hereditaments, or any interest therein or accruing therefrom, or as to any bankruptcy or insolvency, or any execution under the process of any court of justice.

As to the ouster of the summary jurisdiction of justices when property or title is in question or there is a bona fide claim of legal right to do the act complained of, see comments and authorities at pp. 32-36, ante.

843. Proceedings before Justices.-The provisions of Parts XLIV and XLV, of the Code, relating to compelling the appearance of the accused before the justice receiving an information under section 558, and the provisions respecting the attend

(1) See also Art. 885 post, empowering any other justice than the justice who convicts to issue a warrant of distress or commitment.

ance of witnesses on a preliminary inquiry and the taking of evidence thereon, shall, so far as the same are applicable, except as varied by sections immediately following, apply to any hearing under the provisions of this part: Provided that whenever a warrant is issued in the first instance against a person charged with an offence punishable under the provisions of this part, the justice issuing it shall furnish a copy or copies thereof, and cause a copy to be served on the person arrested at the time of such arrest.

2. Nothing herein contained shall oblige any justice to issue any summons to procure the attendance of a person charged with an offence by information laid before such justice whenever the application for any order may, by law, be made ex parte.

The above provision as to service of a copy of the warrant is merely directory: and it has been held that, where the defendant. appears and does not claim to be prejudiced nor ask for further time, the omission to serve upon him a copy of the warrant at the time of his arrest does not go to the magistrate's jurisdiction, and is no ground for quashing a conviction. (1)

The wording of these two Articles indicates that they are to be read in conjunction with and as if the provisions of Parts XLIV and XLV relating to compelling the appearance of persons charged with INDICTABLE offences were here repeated in relation to NONINDICTABLE offences; and, therefore, it seems that a justice may compel the appearance of an accused person for the purpose of being tried summarily in any of the cases mentioned in Article 554, ante. namely:

(a.) If such person is accused of having committed in any place whatever an offence triable in the province in which such justice resides, and is, or is suspected to be, within the limits over which such justice has jurisdiction, or resides or is suspected to reside within such limits;

(b.) If such person, wherever he may be. is accused of having committed an offence within such limits;

(c.) If such person is alleged to have anywhere unlawfully received property which was unlawfully obtained within such limits ;

(1) Ex parte Lutz, 27 S. C. N. S. 491.

(d.) If such person has in his possession, within such limits, any stolen property.

See Article 553, ante, as to offences committed on or near the boundary of two or more magisterial jurisdictions, or committed upon any vehicle or vessel in the course of a journey or of an inland river or lake voyage, through several magisterial jurisdictions. And, as to offences committed on the high seas or in any place within the jurisdiction of the Admiralty, see Article 560, ante, and comments and authorities, on the same subject. at pp. 72-77, ante.

844. Backing Warrants.-The provisions of section 565 of the Code, relating to the endorsement of warrants shall apply to the case of any warrant issued under the provisions of this part against the accused, whether BEFORE or AFTER conviction, and whether for the APPREHENSION OF IMPRISONMENT of any such person.

This section, when read with Article 565 (p. 115. ante), empowers the backing not only of a warrant of arrest, but also of a warrant of commitment issued upon a conviction made in one county or district, for the purpose of arresting the convicted person in any other part of Canada.

845, Informations and Complaints.-It shall NOT be necessary that any complaint upon which a justice may make an ORDER for the payment of money or otherwise shall be IN WRITING, unless it is so required by some particular Act or law upon which such complaint is founded.

2. Every COMPLAINT upon which a justice is authorized by law to make an order, and every INFORMATION for any offence or act punishable on summary conviction, may, unless it is herein or by some particular Act or law otherwise provided, be made or had WITHOUT ANY OATH OR AFFIRMATION as to the truth thereof.

3. Every complaint shall be for ONE MATTER OF COMPLAINT only, and not for two or more matters of complaint, and every information shall be for ONE OFFENCE only, and not for two or more offences and every complaint or information may be laid or made by the complainant or informant in person, or by his counsel or attorney or other person authorized in that behalf.

The distinction generally made between an information and a complaint is as follows:

When the proceeding is one taken against a party charged with the commission of, or who is suspected to have committed a criminal act or offence for which he is liable, on summary conviction, to imprisonment, fine, penalty or other punishment, an INFORMATION is laid; and when the proceeding is one against a person liable by law to have an order made upon him to pay a sum of money or to do some act which he has illegally failed, neglected or refused to do, a COMPLAINT is made.

Although the above Article 845 does not expressly require an INFORMATION to be taken in writing, it evidently implies that it should be so taken, by specially mentioning that a COMPLAINT need not be in writing, unless so required by some particular Act or law upon which the complaint is founded.

The INFORMATION should contain the informant's name, occupation and address, the date and place of laying it, with the name and style of the justice before whom it is laid, and the name, occupation and address (if known) of the person charged, or, if his name, occupation and address be unknown, then some other description of him.

When the Act or law under which the proceedings are taken extends only to persons of a particular class, office or situation in life, the party charged should be shown to come within the description of such persons. (1) And where any thing is declared to be an offence sub modo only, the facts should be averred with the necessary modification. For instance, in proceeding against a person for selling intoxicating liquor without a license, it would not be sufficient to simply allege that he sold the liquor, but it would be necessary to aver that he sold it, without having a license to sell intoxicating liquor.

The above Article 845 requires that every information shall be for one offence only, and not for two or more offences; but Article 907, post, provides that no information, etc., shall be held to charge. two offences or be held to be uncertain, on account of its stating the offence to have been committed in different modes, or in respect

(1) Sandiman v. Breach, 7 B. & C. 100; R. v. Caton, 16 Ont. R. 11.

of one or other of several articles either conjunctively or disjunctively.

If distinct and separate acts are committed on different days, the offences are distinct and subject to separate penalties. (1) But ambiguity arises upon a repetition of similar acts upon the same day. With regard to cases of this kind, no general rule can be laid down; but the law in each case must be determined by the nature of the offence and the manner in which the particular statute applicable to it is worded. Killing several hares on the same day has been held to be a single offence; and so, likewise, is exercising trade on a Sunday a single offence, although several sales have taken place. (2)

See further comments at pp. 335-336, post.

If a justice, upon an information or a complaint being laid or made before him, declines or refuses to act, a mandamus will be granted, and the court will set the jurisdiction of the justice in motion by directing him to hear and determine the matter; (3) and although a statute, which provides that a justice may issue a summons or warrant, if he thinks fit, gives him a discretion in the issuing of a summons or warrant, he is bound to exercise this discretion, and if, on a consideration of something extraneous, he refuses the summons or warrant, the court will order him to issue it. (4)

846. Certain Objections not to Vitiate Proceedings. No information, complaint. warrant, conviction or other proceeding under this part shall be deemed objectionable or insufficient on any of the following grounds, that is to say:

(a.) that it does not contain the name of the person injured, or intended or attempted to be injured; or

(b) that it does not state who is the owner of any property therein mentioned; or

(1) R. v. Mathews, 10 Mod. 27.

(2) Marriott v. Shaw, Cowp. 278; R. v. Lovett, 7 T. R. 152; Crepps v. Durden, Cowp. 640; 1 Smith's L. C. 378; Wray v. Toke, 12 Q. B., 499.

(3) R. v. Kent, 14 East. 397; R. v. Surrey, 2 Show. 74 n.

(4) R. v. Adamson L. R. 1 Q. B. D. 201. See comments and authorities at pp. 54-57, ante, as to compelling justices to exercise their functions.