tion, and as it cannot be amended, it requires more particularity in its preparation than an information now does. Section 9, ante, p. 53, does not apply to complaints.

SECT. 2. THE PROCESS (y) TO ISSUE TO Defendants.

On the information being laid that any person has com- (1) On Informations. mitted, or is suspected to have committed, any offence, the justice is to issue a summons (A. post), directed to such Summons. person (z), stating shortly the matter of such information, and requiring him to appear at a certain time and place before the same, or before such other justice or justices as shall then be there, to answer to the said information; and no objection can be taken to the summons (11 & 12 Vict. c. 43, s. 1).

Every summons is to be served by a constable or other How served. peace officer, or other person to whom the same shall be delivered, upon the defendant, by delivering the same to him personally, or by leaving the same with some person for him at his last or most usual place of abode (s. 1). The summons, it appears, may be served by any person to whom the same is delivered by the justice (i. e. the informant or complainant in most cases), or by any constable or peace officer. Where afterpassed statutes regulate the service it must be complied with, the provisions of this statute extending only to past acts as well as to acts hereafter to be passed containing no provision to the contrary. It may be served anywhere, and does not require backing like a warrant.

If the person summoned do not appear at the time and place Warrant if not appointed, and it shall be made to appear to the justice or obeyed. justices then present on oath or affirmation that such summons was so served what shall be deemed by such justice or justices

(y) The statute does not operate as a repeal of provisions in many statutes (viz.,-3 Geo. 4, c. 126; 5 Geo. 4, c. 83; 7 & 8 Ĝeo. 4, cc. 29 and 30; 9 Geo. 4, c. 69, s. 2; 5 & 6 Will. 4, c. 50, ss. 78, 79; 12 & 13 Vict. c. 92, s. 13; 3 & 4 Vict. c. 50, s. 12; 3 & 4 Vict. c. 97, s. 13; 8 Vict. c. 20, s. 104; 8 & 9 Vict. c. 47, s. 5) authorizing the apprehension of offenders in the commission of the offence, or unknown offenders;-or where a conviction may be made on view. (19 Geo. 2, c. 21, s. 2; 3 Geo. 4, c. 126, s. 132; 5 Geo. 4, e. 83, s. 3; 5 & 6 Will. 4, c. 50, s. 78.)

(*) This summons should be signed in duplicate. Formerly the summons was not directed to the defendant except where the information was at the suit of an informer; and when directed to the constable a copy was sufficient to be served.

A warrant in the first in

stance.

Warrant, in

what form.

Where and how warrant executed.

to be a reasonable time before the time appointed (a), then such justice or justices, if he or they think fit, upon oath or affirmation being made before him or them, substantiating the matter of such information to his or their satisfaction, to issue his or their warrant (B., post), to apprehend the defendant;

Or, upon the information being laid, and substantiated upon oath, a justice may issue in the first instance a warrant (C., post) for apprehending the defendant (s. 2); or, it will be seen, post, p. 78, that if the summons have been duly served the justice may proceed to hear the case ex parte.

Sect. 3 enacts, "that every such warrant to apprehend a de"fendant, that he may answer to any such information or com66 plaint as aforesaid, shall be under the hand and seal or hands "and seals of the justice or justices issuing the same, and may "be directed cither to any constable or other person by name, "or generally to the constable of the parish or other district "within which the same is to be executed, without naming "him, or to such constable and all other constables within the "county or other district within which the justice or justices "issuing such warrant hath or have jurisdiction, or generally "to all the constables within such last mentioned county or "district; and it shall state shortly the matter of the inforina"tion or complaint on which it is founded, and shall name or "otherwise describe the person against whom it has been is" sued."

The warrant is not returnable at any particular time, but remains in force until it shall be executed; and may be executed by apprehending the defendant at any place within the county, riding, division, liberty, city, borough, or place within. which the justice issuing the same shall have jurisdiction (b); or, in case of fresh pursuit, at any place in the next adjoining

(a) The justices must determine what is a reasonable time of service, having regard to the extent and magnitude of the charge the defendant has to answer : his appearance waives any irregularity in the service. (R. v. Johnson, 1 Str. 261; R. v. Stone, 1 East, 649; 1 Arch. J. P. 563; In re Hopwood, 14 J. P. 590; 15 Q. B. 121; 19 Law J. M. C. 197; 14 Jur. 812; In re Williams, 21 Law J. M. C. 46; 15 J. P. 757.)

(b) A warrant, therefore, granted by a justice of two or more adjoining counties, or for a detached part of another county, will not require backing, but may be executed in either, or in a city, &c. within the county; but, of course, it must appear on the face of such warrant, that the justice has jurisdiction in such two adjoining counties or detached part, &c. It is usual to address the warrant to the constable of the parish, &c. in which the offence was committed.

county or place within seven miles of the border of such firstmentioned county, &c. without having such warrant backed, and in other cases it may be backed (Id. s. 3).

thereto.

No objection to be taken or allowed to any such warrant for No objection any alleged defect therein in substance or in form; but it will be seen, post, p. 67, that if any variance between it and the evidence adduced on the part of the informant shall appear to the justice or justices then present to have deceived or misled the defendant, they may adjourn the hearing of the case (s. 3). The provisions of 11 & 12 Vict. c. 42, relating to the backing Backing warof warrants, are, by s. 3 of the 11 & 12 Vict. c. 43, incorporated and made applicable to summary convictions and orders, and are to extend to warrants of apprehension and commitment; those provisions are set out, ante, pp. 11, 12. The form (K.), post, p. 66, is for the indorsement.

rants.

To A. B. of

FORMS.

-, [labourer].

(A) Summons Whereas information hath this day been laid [or "complaint hath to the defendant this day been made"] before the undersigned [one] of her Majesty's upon an injustices of the peace in and for the said [county] of for that you formation or here state shortly the matter of the information or complaint]: complaint. These are therefore to command you, in her Majesty's name, to be

at

and appear on
o'clock in the forenoon, at
before such justices of the peace for the said county as may then be
there, to answer to the said information [or "complaint"], and to be
further dealt with according to law. Given under my hand and seal,
this day of
in the year of our Lord
[county] aforesaid.

at

in the

J. S. (L. S.)

and to all other peace officers in the

To the constable of

Whereas on

(B) Warrant where the summons is dis

said [county] of last past information was laid [or "complaint was made"] before the undersigned [one] of her Majesty's justices of the obeyed. peace in and for the said county of, for that A. B. [&c. as in the summons]; And whereas I then issued my summons unto the said A. B., commanding him, in her Majesty's name, to be and appear on

at

o'clock in the forenoon, at before such justices of the peace for the said county as might then be there, to answer to the said information [or "complaint"], and to be further dealt with according to law: And whereas the said A. B. hath neglected to be or appear at the time and place so appointed in and by the said summons, although it hath now been proved to me upon oath that the said summons hath been 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 some one or more of her Majesty's justices of the peace in and for the said county, to answer to the said information [or

F

(C) Warrant in the first instance.

(K) Indorsement in backing a warrant (c).

(2) On Complaints.

"complaint"], and to be further dealt with according to law. Given [&c. as (A), ante, 65].

To the constable of -, and to all other peace officers in the said [county] of

Whereas information hath this day been laid before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of, for that A. B. [here state shortly the matter of the information]; and oath being now made before me substantiating the matter of such information: These are therefore to command you, in her Majesty's name, forthwith to apprehend the said A. B., and to bring him before some one or more of her Majesty's justices of the peace in and for the said county, to answer to the said information, and to be further dealt with according to law. Given [&c. as (A), ante, 65].

Whereas proof upon oath hath this day been made before to wit. me, one of her Majesty's justices of the peace 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 bringeth to me this warrant, and all other persons to whom this warrant was originally directed, or by whom it may lawfully be executed, and also all constables and other peace officers of the said [county] of, to execute the same within the said last-mentioned [county, and to bring the said A. B., if apprehended within the same [county], before me, or before some other justice or justices of the peace of the same [county] to be dealt with according to law. Given under my hand, this day of ——, 185-.

J. L.

The words following this asterisk are to be used only where the justice backing the warrant shall think fit, and may be omitted in backing English warrants in Ireland, Scotland, &c., or in backing Irish or Scotch warrants, &c. in England.

The provisions before digested as to the process to be issued on Informations, and the manner of the service and execution, will apply to Complaints, except that no warrant can be issued on a complaint in the first instance (see ss. 2, 10). The forms applicable to Complaints would be (A), (B) and (K), ante, pp. 65, 66.

(c) This form is taken from the 11 & 12 Vict. c. 42. See s. 3 of 11 & 12 Vict. c. 43, which incorporates these provisions.

SECT. 3. OF REmanding DefeNDANT AND TAKING BAIL (d)
BEFORE HEARING AND ADJUDICATION.

By s. 16 of the 11 & 12 Vict. c. 43, before or during the Before or during hearing (e) of any information or complaint, one justice or the the hearing. justices present, in their discretion, may adjourn the hearing to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties, and in the meantime the said justice or justices may suffer the defendant [i. e., who appears not on a warrant] to go at large, or may commit ((D), post, 69) him to the common gaol or house of correction or other prison, lock-up house or place of security in the county, &c., or to such other safe custody as the said justice or justices shall think fit, or may discharge him upon his entering into a recognizance ((E), post, 69)(ƒ) with or without surety or sureties, at the discretion of such justice or justices, conditioned for his appearance at the time and place to which such hearing or further hearing shall be adjourned.

Bail for a defendant may also be taken at the hearing under At hearing. the following circumstances:-where there is any variance (g) On variances. between an information (s. 9) or complaint or summons (s. 1), or a warrant of apprehension (s. 3), and the evidence adduced on the part of the informant or complainant, and it shall appear to the justice or justices present and acting at such hearing that the party has been thereby deceived or misled, the justice or justices, upon such terms as he or they shall think fit (h),

(d) There was no general power formerly to bail before conviction, and it could not be done unless expressly authorized by the particular statute, and these instances were very few.

(e) Before the hearing, would apply to cases where a defendant is apprehended before the usual day of petty sessions, and the witnesses are not therefore in attendance, or where two justices are necessary to adjudicate, and only one is present at the time and place appointed by the summons, &c. for the hearing. During the hearing, would apply to cases where the hearing has taken place, or partly taken place, and a material witness is absent, and the justices wish to adjourn to obtain his attendance, or to take time to consider their judgment, and also where variances have misled the defendant.

(f) This is usually done by the magistrate or his clerk stating to the person bound and his sureties the substance of the recognizance, in the second person, thus; "You A. B., you D. E., and you F. G., severally acknowledge yourselves to owe to our sovereign lady the queen the several sums following, that is to say, you the said A. B. the sum of -, you the said D. E. the sum of -, and you the said F. G. the sum of to be void if you ;" then stating the condition as in the written recognizance, but in the second person. (g) See s. 9, ante, p. 53, what are deemed material variances.

(h) This is presumed to refer to the costs consequent upon the adjournment and bail being received.