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. R.S.C., c. 178, ss. 23, 24 and 26.

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

(c.) that it does not specify the means by which the offence was committed; or

(d) that it does not name or describe with precision any person or thing:

Provided that the Justice may, if satisfied that it is necessary for a fair trial, order that a particular further describing such means, person, place or thing be furnished by the prosecutor.

See Article 613, and comments, at p. 584, ante.

847. Variance. No objection shall be allowed to any information, complaint, summons or warrant for any alleged defect therein, in substance or in form, or for any variance between such information, complaint, summons or warrant and the evidence adduced on the part of the informant or complainant at the hearing of such information or complaint.

2. Any variance between the information for any offence or act punishable on summary conviction 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 is proved that such information was, in fact, laid within the time limited by law for laying the same.

3. Any variance between the information and the evidence adduced in support thereof, as to the place in which the offence or act is alleged to have been committed, shall not be deemed material if the offence or act is proved to have been committed within the jurisdiction of the justice by whom the information is heard and determined.

4. If any such variance, or any other variance between the information, complaint, summons or warrant, and the evidence

adduced in support thereof, appears to the Justice present and acting at the hearing to be such that the defendant has been thereby deceived or misled, the Justice may, upon such terms as he thinks fit, adjourn the hearing of the case to some future day. R.S.C., c. 178, s. 28.

See Article 723, and comments, at p. 655, ante.

848. Execution of warrant.—A summons may be issued to procure the attendance, on the hearing of any charge under the provisions of this part, of a witness who resides out of the jurisdiction of the Justices before whom such charge is to be heard, and such summons and a warrant issued to procure the attendance of a witness, whether in consequence of refusal by such witness to appear in obedience to a summons or otherwise, may be respectively served and executed by the constable or other peace officer to whom the same is delivered or by any other person, as well beyond as within the territorial division of the Justice who issued the same. 51 V., c. 45, ss. 1 and 3.

849. Hearing to be in Open Court.-The room or place in which the Justice sits to hear and try any 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. R.S.C., c. 178, s. 33.

850. Counsel for parties.—The person against whom the complaint is made or information laid shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf.

2. Every complainant or informant in any such case shall be at liberty to conduct the complaint or information, and to have the witnesses examined and cross-examined, by counsel or attorney on his behalf. R.S.C., c. 178, ss. 34 and 35.

As to the defendant's right to give evidence on his own behalf, see sec. 4 of the Canada Evidence Act 1893, post, and comments thereon, and authorities, in reference to evidence upon the trial of offences under provincial Acts.

851. Witnesses to be on oath.-Every witness at any hearing shall be examined upon oath or affirmation, and the Justice before whom any witness appears for the purpose of being examined shall have full power and authority to administer to every witness the usual oath or affirmation. R.S.C., c. 178, s. 47.

852. Evidence.-If the information or complaint in any case negatives any exemption, exception, proviso or condition in the statute on which the same is founded it shall not be necessary for the prosecutor or complainant to prove such negative, but the defendant may prove the affirmative thereof in his defence if he wishes to avail himself of the same. R.S.C., c. 178, s. 38.

853. Non-appearance of Accused.-In case the accused does not appear at the time and place appointed by any summons issued by

a Justice on information before him of the commission of an offence punishable on summary conviction then, if it appears to the satisfaction of the Justice that the summons was duly served, a reasonable time before the time appointed for appearance, such Justice may proceed ex parte to hear and determine the case in the absence of the defendant, as fully and effectually, to all intents and purposes, as if the defendant had personally appeared in obedience to such summons, or the Justice, may, if he thinks fit, issue his warrant as provided by section five hundred and sixty-three of this Act and adjourn the hearing of the complaint or information until the defendant is apprehended. R.S.C., c. 178, s. 39.

Before proceeding in the absence of the defendant, as provided by this Article, the service and manner of service of the summons should be sworn to, and the Justice should be satisfied that a reasonable time has elapsed since the service to enable the defendant to obey it. He should have strong grounds for concluding that the summons has reached or come to the knowledge of the defendant and that he is wilfully disobeying it; and the evidence to satisfy him of this should be much stronger where the warrant was not served personally than where it was served personally. (1) In case of doubt, the other course of issuing a warrant should be taken.

854. Non-appearance of Prosecutor.-If, upon the day and at the place so appointed, the defendant appears voluntarily in obedience to the summons in that behalf served upon him, or is brought before the Justice by virtue of a warrant, then, if the complainant or informant, having had due notice, does not appear by himself, his counsel or attorney, the Justice shall dismiss the complaint or information, unless he thinks proper to adjourn the hearing of the same until some other day upon such terms as he thinks fit. R.S.C., c. 178, s. 41.

855. Proceedings when both parties appcar.-If both parties appear, either personally or by their respective counsel or attorneys, before the Justice who is to hear and determine the complaint or information, such Justice shall proceed to hear and determine the same. R.S.C., c. 178, s. 42.

856. Arraignment of Accused.-If the defendant is present at the hearing, the substance of the information or complaint shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted, or why an order should not be made against him, as the case may be.

2. If the defendant thereupon admits the truth of the information or complaint, and shows no sufficient cause why he should not be convicted, or why an order should not be made against him, as the case may be, the justice present at the hearing shall convict him or make an order against him accordingly.

3. If the defendant does not admit the truth of the information or complaint, the justice shall proceed to inquire into the charge and for the purposes of such inquiry shall take the evidence of witnesses

(1) R. v. Smith, L. R, 10 Q. B. 604; R. v. Mabee 17 O. R. 194; Read v. Hunter8 C. L. T. 428.

both for the complainant and accused in the manner provided by Part XLV. in the case of a preliminary inquiry: Provided that the prosecutor or complainant is not entitled to give evidence in reply if the defendant has not adduced any evidence other than as to his general character; provided further, that in a hearing under this section the witnesses need not sign their depositions. R.S.C., c. 178, ss. 43, 44 and 45.

857. Adjournment.-Before or during the hearing of any information or complaint the justice may, in his discretion adjourn the hearing of the same to a certain time or place to be then appointed and stated in the presence and hearing of the party or parties, or of their respective solicitors or agents then present, but no such adjournment shall be for more than eight days.

2. If, at the time and place to which the hearing or further hearing is adjourned, either or both of the parties do not appear, personally or by his or their counsel or solicitors respectively, before the Justice or such other Justice as shall then be there, the Justice who is then there may proceed to the hearing or further hearing as if the party or parties were present.

3. If the prosecutor or complainant does not appear the Justice may dismiss the information, with or without costs as to him seems fit.

4. Whenever any Justice adjourns, the hearing of any case, he may suffer the defendant to go at large or may commit him to the common gaol or other prison within the territorial division for which such Justice is then acting, or to such other safe custody as such Justice thinks fit, or may discharge the defendant upon his recognizance, with or without sureties at the discretion of such Justice, conditioned for his appearance at the time and place to which such hearing or further hearing is adjourned.

5. Whenever any defendant who is discharged upon recognizance, or allowed to go at large, does not appear at the time mentioned in the recognizance or to which the hearing or further hearing is adjourned, the Justice may issue his warrant for his apprehension R.S.C., c. 178, ss. 48, 49, 50 and 51.

Adjournments cannot exceed eight days, even with the consent of all parties. (1)

858. Adjudication by Justice.-The Justice, having heard what each party has to say, and the witnesses and evidence adduced, shall consider the whole matter, and, unless otherwise provided, determine the same and convict or make an order against the defendant, or dismiss the information or complaint, as the case may be. R.S.C., c. 178, s. 52.

859. Form of conviction.-If the Justice convicts or makes an order against the defendant a minute or memorandum thereof shall

(1) R. v. French, 13 O. R. 80.

then be made, for which no fee shall be paid, and the conviction or order shall afterwards be drawn up by the Justice on parchment or on paper, under his hand and seal, in such one of the forms of conviction or of orders from VV to AAA inclusive in schedule one to this Act (1) as is applicable to the case or to the like effect. c. 178, s. 53.

RS.C.,

860. Disposal of penalties on conviction of joint offenders.—When several persons join in the commission of the same offence, and upon conviction thereof each is adjudged to pay a penalty which includes the value of the property, or the amount of the injury done, no further sum shall be paid to the person aggrieved than such amount or value, and costs, if any, and the residue of the penalties imposed shall be applied in the same manner as other penalties imposed by a Justice are directed to be applied. R.S.C., c. 178, s. 54.

861. First conviction in certain cases.- -Whenever any person is summarily convicted before a Justice of any offence against Parts XX. to XXX. inclusive or Part XXXVII. of this Act and it is a first conviction, the Justice may, if he thinks fit, discharge the offender from his conviction upon his making such satisfaction to the person aggrieved, for damages and costs, or either of them, as are ascer tained by the Justice. R.S.C., c. 178, s. 55.

Parts XX to XXIII relate to ASSAULTS, RAPE, LIBEL, etc.; parts XXIV to XXX relate to THEFT, BURGLARY, etc., and part XXXVII relates to MISCHIEF.

862. Certificate of dismissal.-If the Justice dimisses the information or complaint he may, when required so to do, make an order of dismissal in the form BBB in schedule one hereto, (2) and he shall give the defendant a certificate in the form CCC in the said schedule, (3) which certificate, upon being afterwards produced, shall, without further proof, be a bar to any subsequent information or complaint for the same matter, against the same defendant R.S.C., c. 178, s. 56.

See comments and authorities at pp. 183 and 184, also at pp. 596 and 597, and under Articles 797 798 and 799, at p. 688, ante.

863, Disobedience to Order of Justice. Whenever, by any Act or law authority is given to commit a person to prison, or to levy any sum upon his goods or chattels by distress, for not obeying an order of a Justice, the defendant shall be served with a copy of the minute of the order before any warrant of commitment or of distress is issued in that behalf; and the order or minute shall not form any part of the warrant of commitment or of distress. R.S.C., c. 178, s. 57.

864. Assaults.-Whenever any person unlawfully assaults or beats any other person, any Justice may summarily hear and deter mine the charge, unless at the time of entering upon the investigation the person aggrieved or the person accused objects thereto.

(1) For forms VV to AAA see pp. 728-732, post.

(2) For form BBB, see p. 733, post.

(3) For form CCC, see p. 734, post.