INFORMATION. 558. Any one who, upon reasonable or probable grounds, believes that any person has committed an indictable offence against this Act may make a complaint or lay an information in writing and under oath before any magistrate or justice of the peace having jurisdiction to issue a warrant or summons against such accused person in respect of such offence. 2. Such complaint or information may be in the form C. in schedule one hereto, or to the like effect. The words "against this Act" are a grave mistake. As to a warrant see s. 563. The information and complaint of C. D. of man), taken this day of before the undersigned (one) of Her the peace in and for the said county of (etc., stating the offence). in the year ,(yeo Sworn before (me), the day and year first above men tioned, at J. S., J. P., (Name of county). HEARING ON INFORMATION. 559. Upon receiving any such complaint or information the justice shall hear and consider the allegations of the complainant, and if of opinion that a case for so doing is made out he shall issue a summons, or warrant, as the case may be, in manner hereinafter mentioned; and such justice shall not refuse to issue such summons or warrant only because the alleged offence is one for which an offender may be arrested without warrant. R. S. C. c. 174, s. 30. OFFENCES COMMITTED ON THE HIGH SEAS. 560. Whenever any indictable offence is committed on the high seas, or in any creek, harbour, haven or other place in which the Admiralty of Eng land have or claim to have jurisdiction, and whenever any offence is committed on land beyond the seas for which an indictment may be preferred or the offender may be arrested in Canada, any justice for any territorial division in which any person charged with, or suspected of, having committed any such offence is or is suspected to be, may issue his warrant, in the form D in schedule one hereto, or to the like effect to apprehend such person, to be dealt with as herein and hereby directed. R. S. C. c. 174, s. 32. Beyond the seas" in England, means outside of the realm. The words have been recopied here from the English Act to mean outside of Canada, it must be assumed. It may be that the United States are beyond the seas in the construction of this enactment: Lane v. Bennet, 1 M. & W. 70; Ruckmaboye v. Lulloobhoy Mottichund, 8 Moo. P. C. 4; Davie v. Briggs, 97 U. S. 628. But it would have been better to say "outside of Canada." This enactment assumes that there are offences committed on land beyond the seas that are indictable in Canada. What these offences are, and under what circumstances they are indictable in Canada, is not to be found in the Code. Likewise for offences committed within the jurisdiction of the Admiralty, the Code is silent as to Canada's jurisdiction. Sections 8 & 9 of c. 174, R. S. C. are repealed, and probably intended to be covered by s. 640: sed quære? D.-(Section 560.) WARRANT TO APPREHEND A PERSON CHARGED WITH AN INDICTABLE OFFENCE ON THE HIGH SEAS OR ABROAD. For offences committed on the high seas the warrant may be the same as in ordinary cases, but describing the offence to have been committed "on the high seas, out of the body of any district or county of Canada and within the jurisdiction of the Admiralty of England." For offences committed abroad, for which the parties may be indicted in Canada, the warrant also may be the same as in ordinary cases, but describing the offence to have been committed" on land out of Canada, to wit: at in the Kingdom of in the Island of , or, in the West Indies, or in the East Indies," or as the case may be. ARREST OF SUSPECTED DESERTERS. 561. Every one who is reasonably suspected of being a deserter from Her Majesty's service may be apprehended and brought for examination before any justice of the peace, 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. R. S. C. c. 169, s. 6. 2. No one shall break open any building to search for a deserter unless he has obtained a warrant for that purpose from a justice of the peace,--such warrant to be 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; and every one who resists the execution of any such warrant shall incur a penalty of eighty dollars, recoverable on summary conviction in like manner as other penalties under this Act. R. S. C. c. 169, s. 7. Section 9 of c. 169, R. S. C. is unrepealed. SUMMONS. 562. 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. Such summons may be in the form E in schedule one hereto, or to the like effect. No summons shall be signed in blank. 2. 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 appar ently not under sixteen years of age. 3. 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. R. S. C. c. 174, ss. 40, 41 & 42. Whereas you have this day been charged before the under (stating shortly the offence): These are therefore to command you, in Her Majesty's name, to be and appear before (me) on at o'clock in the (fore) noon, at or before such other justice or justices of the peace for the same county of as shall then be there, to answer to the said charge, and to be further dealt with according to law. Herein fail not. Given under (my) hand and seal, this in the year , at day of in the county aforesaid. J. S., [SEAL.] J. P., (Name of county.) WARRANT OF APPREHENSION. 563. 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 five hundred and fifty-eight, may be in the form F in schedule one hereto, or to the like effect. No such warrant shall be signed in blank. 2. Every such warrant shall be under the hand and seal 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. 3. 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 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 said information or complaint, and to be further dealt with according to law. It shall not be necessary to make such warrant returnable at any particular time, but the same shall remain in force until it is executed. 4. The fact that a summons has been issued shall not prevent any justice from issuing such warrant at any time before or after the time mentioned in the summons for the appearance of the accused; and where the service of the summons has been proved and the accused does not appear, or when it appears that the summons cannot be served, the warrant (form G) may issue. R. S. C. c. 174, ss. 31, 43, 44 & 46. F.-(Section 563.) WARRANT IN THE FIRST INSTANCE TO APPREHEND A PER- Province of County of To all or any of the constables and other peace officers in the on at did (etc., 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 in the county aforesaid. J. S., [SEAL.] J. P,, (Name of County.) G.-(Section 563.) WARRANT WHEN THE SUMMONS IS DISOBEYED. Canada, Province of County of To all or any of the constables and other peace officers in the said county of Whereas on the past) A. B., of (instant or last day of was charged before (me 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 of at for that (etc., 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, at , 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 day of EXECUTION OF WARRANT. 564. Every such warrant may be executed by arresting the accused wherever he is found in the territorial jurisdiction of 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. R. S. C. c. 174, ss. 47 & 48. 2. Every such warrant may be executed by any constable named therein, or by any one of the constables to whom it is directed, whether or not the |