GG.-(Section 648.)

CERTIFICATE OF INDICTMENT BEING FOUND.

Canada,

Province of

County of

I hereby certify that at a Court of (Oyer and Terminer, or General Gaol Delivery, or General Sessions of the Peace) holden in and for the county of

at

in the

said (county), on a bill of indictment was found by the grand jury against A. B., therein described as A. B. late of (labourer), for that he (dc., stating shortly the offence), and that the said A. B. has not appeared or pleaded to the said indictment.

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

Whereas it has been duly certified by J. D., clerk of the (name the court) (or E. G., deputy clerk of the Crown or clerk of the peace, or as the case may be), in and for the county of that (etc., stating the certificate). 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 or justices of the peace in and for the said county to be dealt with according to law.

Given under my hand and seal, this

in the year

at

day of

CRIM. LAW-47

J. S., [SEAL.]

J. P., (Name of county.)

II.-(Section 648.)

WARRANT OF COMMITMENT OF A PERSON INDICTED.

Canada,

Province of

County of

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

said county of

gaol, at

and the keeper of the common in the said county of

Whereas by a warrant under the hand and seal of (a) justice of the peace in and for the said county of dated after reciting that it had been certified by J. D., (etc., as in the certificate), the said justice of the peace commanded, all or any of the constables or peace officers of the said county, in Her Majesty's name, forthwith to apprehend the said A. B., and to bring him before (him) the said justice of the peace or before some other justice or justices in and for the said county, to be dealt with according to law; and whereas the said A. B. has been apprehended under and by virtue of the said warrant, and being now brought before (me) it is hereupon duly proved to (me) upon oath that the said A. B. is the same person who is named and charged as aforesaid in the said indictment: These are therefore to command you, the said constables and peace officers, or any of you, in Her Majesty's name, forthwith to take and convey the said A. B. to the said common gaol at in the said county of and there to deliver him to the keeper thereof, together with this precept; and (I) hereby command you the said keeper to receive the said A. B. into your custody in the said gaol, and him there safely to keep until he shall thence be delivered by due course of law.

1

JJ.-(Section 648.)

WARRANT TO DETAIN PERSON INDICTED WHO IS ALREADY IN CUSTODY FOR ANOTHER OFFENCE.

Whereas it has been duly certified by J. D., clerk of the (name the court) (or deputy clerk of the Crown or clerk of the peace of and for the county of or as the case may be) that (etc., stating the certificate); And whereas (I am) informed that the said A. B. is in your custody in the said common gaol at

aforesaid,

charged with some offence, or other matter; and it being now duly proved upon oath before (me) that the said A. B., so indicted as aforesaid, and the said A. B., in your custody, as aforesaid, are one and the same person: These are therefore to command you, in Her Majesty's name, to detain the said A. B. in your custody in the common gaol aforesaid, until by a writ of habeas corpus he shall be removed therefrom, for the purpose of being tried upon the said indictment, or until he shall otherwise be removed or discharged out of your custody by due course of law.

Given under (my) hand and seal, this

day of

PART XLIX.

REMOVAL OF PRISONERS-CHANGE OF VENUE.

649. The Governor in Council or the Lieutenant-Governor in Council of any province may, if, from the insecurity or unfitness of any gaol of any county or district for the safe custody of prisoners, or for any other cause, he deems it expedient so to do, order any person charged with an indictable offence confined in such gaol or for whose arrest a warrant has been issued, to be removed to any other place for safe keeping or to any gaol, which place or gaol shall be named in such order, there to be detained until discharged in due course of law, or removed for the purpose of trial to the gaol of the county or district in which the trial is to take place; and a copy of such order, certified by the clerk of the Queen's Privy Council for Canada, or the clerk of the Executive Council, or by any person acting as such clerk of the Privy Council or Executive Council, shall be sufficient authority to the sheriffs and gaolers of the counties or districts respectively named in such order, to deliver over and to receive the body of any person named in such order. R. S. C. c. 174, s. 97.

2. The Governor in Council or a Lieutenant-Governor in Council may, in any such order, direct the sheriff in whose custody the person to be removed then is, to convey the said person to the place or gaol in which he is to be confined, and in case of removal to another county or district shall direct the sheriff or gaoler of such county or district to receive the said person, and to detain him until he is discharged in due course of law, or is removed for the purpose of trial to any other county or district. R. S. C. c. 174, s. 98.

3. The Governor in Council or a Lieutenant-Governor in Council may make an order as hereinbefore provided in respect of any person under sentence of imprisonment or under sentence of death,--and in the latter case, the sheriff to whose gaol the prisoner is removed shall obey any direction given by the said order or by any subsequent order in council, for the return of such prisoner to the custody of the sheriff by whom the sentence is to be executed. R. S. C. c. 174, s. 100.

650. If after such removal a true bill for any indictable offence is returned by any grand jury of the county or district from which any such person is removed, against any such person, the court into which such true bill is returned, may make an order for the removal of such person, from the gaol in which he is then confined, to the gaol of the county or district in which such court is sitting, for the purpose of his being tried in such county or dis trict. R. S. C. c. 174, s. 99.

CHANGE OF VENUE.

651. Whenever it appears to the satisfaction of the court or judge hereinafter mentioned, that it is expedient to the ends of justice that the trial of any person charged with an indictable offence should be held in some dis

trict, county or place other than that in which the offence is supposed to have been committed, or would otherwise be triable, the court before which such person is or is liable to be indicted may, at any term or sitting thereof, and any judge who might hold or sit in such court may, at any other time, either before or after the presentation of a bill of indictment, order that the trial shall be proceeded with in some other district, county or place within the same province, named by the court or judge in such order; but such order shall be made upon such conditions as to the payment of any additional expense thereby caused to the accused, as the court or judge thinks proper to prescribe.

2. Forthwith upon the order of removal being made by the court or judge, the indictment. if any has been found against the prisoner, and all inquisitions, informations, depositions, recognizances and other documents relating to the prosecution against him, shall be transmitted by the officer having the custody thereof to the proper officer of the court at the place where the trial is to be had, and all proceedings in the case shall be had, or, if previously commenced, shall be continued in such district, county or place, as if the case had arisen or the offence had been committed therein.

3. The order of the court, or of the judge, made under this section, shall be a sufficient warrant, justification and authority, to all sheriffs, gaolers and peace officers, for the removal, disposal and reception of the prisoner, in conformity with the terms of such order; and the sheriff may appoint and empower any constable to convey the prisoner to the gaol in the district, county or place in which the trial is ordered to be had.

4. Every recognizance entered into for the prosecution of any person, and every recognizance, as well of any witness to give evidence, as of any person for any offence, shall, in case any such order, as provided by this section, is made, be obligatory on each of the persons bound by such recognizance as to all things therein mentioned with reference to the said trial, at the place where such trial is so ordered to be had, in like manner as if such recognizance had been originally entered into for the doing of such things at such last mentioned place: Provided that notice in writing shall be given either personally or by leaving the same at the place of residence of the persons bound by such recognizance, as therein described, to appear before the court, at the place where such trial is ordered to be had. R. S. C. c. 174, s. 102.

See s. 600, s-s. 2.

By this section, 651, the court or judge has a discretionary power of a wide extent: "Whenever it appears to the satisfaction of the court or judge," it says, and when the court or judge declares that it so appears, the matter quoad hoc is at an end, the venue is changed, and the trial must take place in the district, county or place designated in the order.

The words of the statute require that the court or judge be satisfied that the change of venue is expedient to the ends of justice. Mr. Justice Sanborn, in Ex parte Brydges, 18