3. And be it enacted, that every such warrant to Sect. 3. apprehend a defendant, that he may answer to any Form of such information or complaint as aforesaid, shall be warrant. under the hand and seal or hands and seals of the justice or justices issuing the same, and may be directed either to any constable or other person by name, or generally to the constable of the parish or other district within which the same is to be executed, without naming him, or to such constable and all other constables within the county or other district within which the justice or justices issuing such warrant hath or have jurisdiction, or generally to all the constables within such last-mentioned county or district, and it shall state shortly the matter of the information or complaint on which it was founded, and shall name or otherwise describe the person against whom it has been issued, and it shall order the constable or other person to whom it is directed to apprehend the said defendant, and to bring him before one or more justice or justices of the peace (as the case may require) of the same county, riding, division, liberty, city, borough, or place, to answer to the said information or complaint, and to be further dealt with according to law; and that it shall not be necessary to make such warrant returnable at any particular time, but the same may remain in full force until it shall be executed; and such warrant may be executed by Where and apprehending the defendant at any place within the rant may be county, riding, division, liberty, city, borough or place within which the justices issuing the same shall have jurisdiction, or, in case of fresh pursuit, at any place in the next adjoining county or place within seven miles of the border of such first how war executed. Sect. 3. mentioned county, riding, division, liberty, city, borough, or place, without having such warrant backed as hereinafter mentioned; and in all cases where such warrant shall be directed to all constables or peace officers within the county or other district within which the justice or justices issuing the same shall have jurisdiction, it shall be lawful for any constable, headborough, tithingman, borsholder, or other peace officer for any parish, township, hamlet, or place situate within the limits of the jurisdiction for which such justice or justices shall have acted when he or they granted such warrant, to execute such warrant in like manner as if such warrant were directed specially to such constable by name, and notwithstanding that the place in which such warrant shall be executed shall not be within the parish, township, hamlet, or place for which he shall be such constable, headborough, Certain pro- tithingman, borsholder, or other peace officer; and 11 & 12 Viet. such of the provisions and enactments contained in a certain Act of parliament made and passed in this present session of parliament, intituled "An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to Persons charged with Indictable Offences," as to the backing of any warrant, and the indorsement thereon by a justice of the peace or other officer, authorizing the person bringing such warrant, and all other persons to whom the same was originally directed, to execute the same within the jurisdiction of the justice or officer so making such indorsement, as are applicable to the provisions of this Act, shall extend to all such warrants, and to all warrants of commitment issued visions of c. 42, as to backing of warrants to extend to warrants issued under this Act. under and by virtue of this Act, in as full and Sect. 3. ample a manner as if the said several provisions and enactments were here repeated and made parts of allowed form in or for any between it dence deceived by tion, he may mitted or discharged upon recog nizance; this Act: Provided always, that no objection shall no objection be taken or allowed to any such warrant to appre- for want of hend a defendant so issued upon any such informa- the warrant, tion or complaint as aforesaid under or by virtue of variance this Act, for any alleged defect therein in substance and evior in form, or for any variance between it and the adduced; evidence adduced on the part of the informant or complainant as hereinafter mentioned; but if any but if the party such variance shall appear to the justice or justices charged is present and acting at such hearing to be such that the variathe party so apprehended under such warrant has be combeen thereby deceived or misled, it shall be lawful for such justice or justices, upon such terms as he or they shall think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit (D.) the said defendant to the house of correction or other prison, lock-up house, or place of security, or to such other custody as the said justice or justices shall think fit, or to 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 shall be so adjourned Provided always, that in all : where a defendant shall be discharged upon re- the justice cognizance as aforesaid, and shall not after- mit the wards appear at the time and place in such recog- zance to the nizance mentioned, then the said justice who shall clerk of have taken the said recognizance, or any justice or justices who may then be there present, upon certifying (F.) upon the back of the said recognizance cases but if he fail to re-appear may trans recogni the peace. Sect. 3. the non-appearance of the defendant, may transmit such recognizance to the clerk of the peace of the county, riding, division, liberty, city, borough, or place within which such recognizance shall have been taken, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient primâ facie evidence of such nonappearance of the said defendant. Warrants, execution of. Description The observations on the 10th section of 11 & 12 Vict. c. 42, post, may be referred to as being equally applicable to the provision in this section regarding warrants to apprehend. It should be observed that such of the provisions of that Act as relates to the backing of warrants are inserted into and incorporated with 11 & 12 Vict. c. 43, by the operation of sections 3 and 37. Section 2 of that Act enables a justice for any offence punishable on summary conviction to issue his warrant in the first instance without a previous summons; consequently a warrant may be issued and executed, after being backed, in either Ireland, Scotland, or the islands mentioned, in the case of a person committing any offence punishable summarily upon conviction-as, for instance, an offence against the Vagrant Act (5 Geo. 4, c. 83)— and the offender brought before the justice issuing it, or any other justice having jurisdiction in the same place or district, and if the charge be substantiated, punished accordingly. See also 14 & 15 Vict. c. 55, s. 18, post, as to the officers competent to indorse warrants in the isles of Guernsey, Jersey, Alderney, and Sark. With regard to the execution of warrants by county and borough constables see 22 & 23 Vict. c. 32, s. 2, post. It will be seen from section 42 of the Summary Jurisdiction Act, 1879, post, that recognizances may be taken out of court. 4. And be it enacted, that in any information or complaint, or the proceedings thereon, in which it shall be necessary to state the ownership of any property belonging to or in the 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 property of perty in vided for person so named and another or others, as the case Sect. 4. may be, and whenever in any information or complaint, or the proceedings thereon, it shall be necessary to mention, for any purpose whatsoever, any partners, joint tenants, parceners, or tenants in common, it shall be sufficient to describe them in manner aforesaid; and whenever in any such information or of the complaint, or the proceedings thereon, it shall be counties; necessary to describe the ownership of any work or building made, maintained, or repaired at the expense of any county, riding, division, liberty, city, borough, or place, or of any materials for the making, altering, or repairing of the same, they may be therein described as the property of the inhabitants of such county, riding, division, liberty, city, borough, or place respectively; and all goods pro- of the provided by parish officers for the use of the poor may goods proany such information or complaint, or the pro- the poor; ceedings thereon, be described as the goods of the churchwardens and overseers of the poor of the parish, or of the overseers of the poor of the township or hamlet, or of the guardians of the poor of the union to which the same belong, without without naming any of them; and all materials and of the protools provided for the repair of highways at the ex- materials pense of parishes or other districts in which such roads; highways may be situate, may be therein described as the property of the surveyor or surveyors of such highways respectively, without naming him or them; and all materials or tools provided for making or of the prorepairing any turnpike road, and buildings, gates, materials lamps, boards, stones, posts, fences, or other things roads, &c.; erected or provided for the purpose of any such turnpike road, may be described as the property of in perty in for parish perty in for turnpike |