L. (Section 582.) WARRANT WHEN A WITNESS HAS NOT OBEYED THE Canada, SUMMONS. Province of County of To all or any of the constables and other peace officers in the said county of Whereas information having been laid before justice of the peace, in and for the said county of at , a that A. B. (c., as in the summons); and it having been made to appear to (me) upon oath that E. F. of , (labourer), was likely to give material evidence for (the prosecution), (I) duly issued (my) summons to the said E. F., requiring him to be and appear before (me) on or before such other justice or justices of the peace for the same county, as should then be there to testify what he knows respecting the said charge so made against the said A. B., as aforesaid; and whereas proof has this day been made upon oath before (me) of such summons having been duly served upon the said E. F.; and whereas the said E. F. has neglected to appear at the time and place appointed by the said summons, and no just excuse has been offered for such neglect: These are therefore to command you to bring and have the said E. F. before (me) on o'clock in the (fore) noon, at at or before such other justice or justices for the same county, as shall then be there, to testify what he knows concerning the said charge so made against the said A. B. as aforesaid. Given under (my) hand and seal, this day of in the county aforesaid. J. S. [SEAL.] J. P., (Name of county.) WARRANT FOR WITNESS IN FIRST INSTANCE. 583. 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, 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. M.-(Section 583.) WARRANT FOR A WITNESS IN THE FIRST INSTANCE. Province of County of To all or any of the constables and other peace officers in the said county of Whereas information has been laid before the undersigned a justice of the peace, in and for the said county of that (dc., as in the summons); and it having been made to appear to (me) upon oath, that E. F. of (labourer); is likely to give material evidence for the prosecution, and that it is probable that the said E. F. will not attend to give evidence unless compelled to do so: These are therefore to command you to bring and have the said E. F. before (me) on o'clock in the (fore) noon, at before such other justice or justices of the peace for the same. county as shall then be there, to testify what he knows concern. ing the said charge so made against the said A. B. as aforesaid. Given under my hand and seal, this in the year at day of , in the county aforesaid. J. P., (Name of county.) WITNESSES OUT OF THE PROVINCE. (New). or 584. If there is reason to believe that any person residing anywhere in Canada out of the province and not being within the province, is likely to give material evidence either for the prosecution or for the accused, any judge of a Superior Court or a County Court, on application therefor by the informant or complainant, or the Attorney-General, or by the accused person or his solicitor or some person authorized by the accused, may cause a writ of subpœna to be issued under the seal of the court of which he is a judge, requiring such person to appear before the justice before whom the inquiry is being held or is intended to be held at a time and place mentioned therein to give evidence respecting the charge and to bring with him any documents in his possession or under his control relating thereto. 2. Such subpoena shall be served personally upon the person to whom it is directed and an affidavit of such service by a person effecting the same purporting to be made before a justice of the peace, shall be sufficient proof thereof. 3. If the person served with a subpoena as provided by this section, does not appear at the time and place specified therein, and no just excuse is offered for his non-appearance, the justice holding the inquiry, after proof upon oath that the subpoena has been served, may issue a warrant under his hand directed to any constable or peace officer of the district, county or place where such person is, or to all constables or peace officers in such district, county or place, directing them or any of them to arrest such person and bring him before the said justice or any other justice at a time and place mentioned in such warrant in order to testify as aforesaid. 4. The warrant may be in the form N in schedule one hereto or to the like effect. If necessary, it may be endorsed in the manner provided by section five hundred and sixty-five, and executed in a district, county or place other than the one therein mentioned. N.-(Section 584.) WARRANT WHEN A WITNESS HAS NOT OBEYED THE Canada, SUBPOENA. Province of To all or any of the constables and other peace officers in the said county of Whereas information having been laid before a justice of the peace, in and for the said county, that A. B. (etc, as in the summons); and there being reason to believe that E. F., in the province of (labourer), of was likely to give material evidence for (the prosecution), a writ of subpoena was issued by order of at judge of (name of court) to the said E. F., requiring him to be and appear before (me) on or before such other justice or justices of the peace for the same county as should then be there, to testify what he knows respecting the said charge so made against the said A. B., as aforesaid; and whereas proof has this day been made upon oath before (me) of such writ of subpoena having been duly served upon the said E. F., and whereas the said E. F. has neglected to appear at the time and place appointed by the said writ of subpoena, and no just excuse has been offered for such neglect: These are therefore to command you to bring and have the said E. F., before (me) on noon), at , or before such other justice or justices for the same county as shall then be there, to testify what he knows concerning the said charge so made against the said A. B. as aforesaid. Given under my hand and seal, this day of in the county aforesaid. J. S., [SEAL] J. P., (Name of county). WITNESS REFUSING TO BE EXAMINED, 585. Whenever any person appearing, either in obedience to a summons or subpoena, or by virtue of a warrant, or being present and being verbally required by the justice to give evidence, refuses to be sworn, or having been sworn, refuses to answer such questions as are put to him, or refuses or neglects to produce any documents which he is required to produce, or refuses to sign his depositions without in any such case offering any just excuse for such refusal, such justice may adjourn the proceedings for any period not exceeding eight clear days, and may in the meantime by warrant in form O in schedule one hereto, or to the like effect, commit the person so refusing to gaol, unless he sooner consents to do what is required of him. If such person upon being brought up upon such adjourned hearing, again refuses to do what is so required of him, the justice, if he sees fit, may again adjourn the proceedings, and commit him for the like period, and so again from time to time until such person consents to do what is required of him. 2. Nothing in this section shall prevent such justice from sending any such case for trial, or otherwise disposing of the same in the meantime, according to any other sufficient evidence taken by him. R. S. C. c. 174, s. 63. O.-(Section 585.) WARRANT OF COMMITMENT OF A WITNESS FOR REFUSING TO BE SWORN OR TO GIVE EVIDENCE. Canada, Province of County of To all or any of the constables and other peace officers in the a justice for that gaol at Whereas A. B. was lately charged before of the peace in and for the said county of at (etc., as in the summons); and it having been made to appear to (me) upon oath that E. F. of , was likely to give material evidence for the prosecution (I) duly issued (my) summons to the said E. F., requiring him to be and appear before me on , or before such other justice. or justices of the peace for the same county as should then be there, to testify what he knows concerning the said charge so made against the said A. B. as aforesaid; and the said E. F. now appearing before (me) (or being brought before (me) by virtue of a warrant in that behalf), to testify as aforesaid, and being required to make oath or affirmation as a witness in that behalf, now refuses so to do (or being duly sworn as a witness now refuses to answer certain questions concerning the premises which are now here put to him, and more particularly the following ) without offering any just excuse for such refusal These are therefore to command you, the said constables or peace officers, or any one of you, to take the said E. F. and him safely to convey to the common gaol at in the county aforesaid, and there to deliver him to the keeper thereof, together with this precept: And (1) do hereby command you, the said keeper of the said common gaol to receive the said E. F. into your custody in the said common gaol, and him there safely keep for the space of days, for his said contempt, unless in the meantime he consents to be examined, and to answer concerning the premises; and for your so doing, this shall be your sufficient warrant. Given under (my) hand and seal, this day of DISCRETIONARY POWERS OF THE JUSTICE. (Amended). 586. A justice holding the preliminary inquiry may in his discretion— (a) permit or refuse permission to the prosecutor, his counsel or attorney to address him in support of the charge, either by way of opening or summing up the case, or by way of reply upon any evidence which may be produced by the person accused; (b) receive further evidence on the part of the prosecutor after hearing any evidence given on behalf of the accused; |