for that you on

(stating

"

"

"

as shall

2

shortly the offence): These are therefore to command you, in Her Majesty's name, to be and appear before (me) on at 2 o'clock in the (fore) noon, at or before such other justice or justices of the peace for the same county of then be there, to answer to the said charge, and to be with according to law. Herein fail not. Given under (my) hand and seal, this day of in the county aforesaid.

further dealt

year

"

J. S. [SEAL.]

J.-P., Name of county.)

Canada,

Province of County of

F-(Section 563.)

WARRANT IN THE FIRST INSTANCE TO APPREHEND A PERSON CHARGED WITH AN INDICTABLE OFFENCE.

:}

To all or any of the constables and other peace officers in the said

county of

Whereas A. B. of

at

Province of
County of

G.-(Section 563.)

(labourer), has this day been charged a justice of the peace in for that he, on

?

at

"

"

upon oath before the undersigned and for the said county of did (dc.. stating shortly the offence): These are therefore to command you, in Her Majesty's name, forthwith to apprehend the said A. B., and to bring him before (me) (or some other justice of the peace in and for the said county of ), to answer unto the said charge, and to be further dealt with according to law. Given under (my) hand and seal, this day of year in the county aforesaid.

at

"

J. S., [SEAL.]

J. P., (Name of county.)

at

Whereas on the past) A. B., of

in the

WARRANT WHEN THE SUMMNONS IS DISOBEYED

Canada,

:}

To all or any of the constables and other peace officers in the said county of

day of

in the

(instant or last

was charged before (me

of

9

at

at

"

or us,) the undersigned (or name the justice or justices, or as the case may be), (a) justice of the peace in and for the said county for that (c., as in the summons); and whereas I (or he the said justice of the peace, or we or they the said justices of the peace) did then issue (my, our, his or their) summons to the said A. B., commanding him, in Her Majesty's name, to be and appear before (me) on o'clock in the (fore) noon, or before such other justice or justices of the peace as should then be there, to answer to the said charge and to be further dealt with according to law; and whereas the said A. B. has neglected to be or appear at the time and place appointed in and by the said summons, although it has now been proved to (me) upon oath that the said summons was duly served upon the said A. B. : These are therefore to command you in Her Majesty's name, forthwith to apprehend the said A. B., and to bring him before (me) or some other justice of the peace in and for the said county of

"

to answer the said charge, and to be further dealt with according to law.

Given under (my) hand and seal, this
, in the county aforesaid.

day of

year

at

H.-(Section 565.)

Canada, Province of County of

ENDORSEMENT IN BACKING A WARRANT

J. S., [SEAL]

J. P., (Name of county.)

Whereas proof upon oath has this day been made before me a justice of the peace in and for the said county of that the name of J. S. to the within warrant subscribed, is of the handwriting of the justice of the peace within mentioned: I do therefore hereby authorize W. T. who brings to me this warrant and all other persons to whom this warrant was originally directed, or by whom it may be lawfully executed, and also all peace officers of the said county to execute the same within the said last mentioned

of county.

"

Given under my hand, this

at

day of
in the county aforesaid.

"

in the

in the year

J. L.,

J. P., (Name of county.)

I.-(Section 569.)

Canada, Province of County of

Whereas it appears on the oath of A. B. of that there is reason to suspect that (describe things to be searched for and offence in respect of which search is made) are concealed in

at

To

This is, therefore, to authorize and require you to enter between the hours of (as the justice shall direct) into the said premises, and to search for the said things, and to bring the same before me or some other justice.

Dated at

day of

WARRANT TO SEARCH.

J.-(Section 569.)

Canada,

Province of
County of

of

in the said county of

"

in the year

INFORMATION TO OBTAIN A SEARCH WARRANT.

this

J. S.,

J. P., (Name of county.)

}

The information of A. B., of in the said county (yeoman), taken this day of in the year before me, J. S., Esquire, a justice of the peace, in and for the county (describe things to be searched for and offence in respect of which search is made), of

"

who says that

"

and that he has just and reasonable cause to suspect, and suspects, that the said goods and chattels, or some part of them are concealed in the (dwelling-house, &c.) of C. D., of in the said county, (here add the causes of suspicion, whatever they may be): Wherefore (he) prays that a search warrant may be granted to him to search the (dwelling-house, '&c.) of the said C. D., as aforesaid, for the said goods and chattels so feloniously stolen, taken and carried away as aforesaid.

Sworn (or affirmed) before me the day and year first above mentioned, at in the said county of

2

J. S.,

J. P., (Name of county.)

PART XLV.

PROCEDURE ON APPEARANCE OF ACCUSED.

577. Enquiry by justice.-When any person accused of an indictable offence is before a justice, whether voluntarily or upon summons, or 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 defined.

578. Irregularity in procuring appearance.-No irregularity or defect in the substance or form of the summons or warrant, and no variance between the charge contained in the summons or warrant and the charge contained 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. R.S.C., c. 174, s. 58.

579, Adjournment in case of variance.—If it appears to the justice that the person charged has been deceived or misled by any such variance in any summons 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. R.S.C., c. 174, s. 59.

580. Procuring attendance of witnesses.-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 posession or under his control relating thereto.

2. Such summons may be in the FORM K in SCHEDULE ONE hereto' or to the like effect. R.S.C., c. 174, s. 60. (1)

581. Service of summons for witness.-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.

582. Warrant for witness after summons.ons.-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

(1) For form K, see p. 566, post.

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, being satisfied by proof on oath that he 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 the FORM L in SCHEDULE ONE hereto. (1) or to the like effect. 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 five hundred and sixtyfive and executed anywhere in the province but out of such jurisdiction. R.S.C., c. 174, s. 61.

3. 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 such person may be released on recognizance, with or without sureties, conditioned for his appearance to give evidence as therein mentioned, and to answer for his default in not attending upon the said summons as for contempt; and the justice may, in a summary manner, examine into and dispose of the charge of contempt against such person, who, if found guilty thereof, may be fined or imprisoned, or both, such fine not to exceed twenty dollars, and such imprisonment to be in the common gaol, without hard labour, and not to exceed the term of one month, and may also be ordered to pay the costs incident to the service and execution of the said summons and warrant and of his detention in custody. 51 V., c. 45, s. 1.

(The conviction under this section may be in the FORM PP in SCHEDULE ONE hereto.) (2)

583. Warrant for witness in first instance.—If the justice is satisfied by evidence upon oath that any person within the province, likely to give material evidence either for the prosecution or for the accused, will not attend to give evidence without being compelled so to do, then instead of issuing a summons, he may issue a warrant in the first instance. Such warrant may be in the FORM M IN SCHEDULE ONE hereto, (3) or to the like effect, and may be executed anywhere within the jurisdiction of such justice, or, if necessary, endorsed as provided in section five hundred and sixty-five and executed anywhere in the province but out of such jurisdiction. R.S.C., c. 174, s. 62.

(1) For form L, see p. 567, post.

(2) For form PP, see reference under Article 781 to forms under Part LIV, posł. (3) For form M, see p. 567, post.