An information which stated that A. B. had neglected to return a gun which had been lent to him, and for which he had been repeatedly asked, was not construed as charging criminality. McDonald v. Bulwer, 11 L. T., N. S., 27.

If the information discloses no offence in law, it will not authorize the issue of a warrant by a magistrate as there is nothing to found the magistrate's jurisdiction. Stephens v. Stephens, 24 C. P. (Ont.), 424.

The warrant mentioned in this section must be under the hand and seal of the Justice, and directed as in form B. It may be issued on a Sunday as well as on any other day. See section 8. The information must also be in writing and on oath when it is intended to issue a warrant in the first instance. Friel v. Ferguson, 15 C. P. (Ont.), 584. See sec. 9, as to the cases in which a warrant may issue in the first instance. See sec. 27.

The warrant of a magistrate is only prima facie, not conclusive, evidence of its contents, and though a warrant recites the laying of an information, and though in an action against the magistrate it is put in on behalf of the plaintiff, still the recital of the information is not conclusive, and evidence may be given to show that such information was not in fact laid. Friel v. Ferguson, 15 C. P. (Ont.), 584.

2. In all cases the Justice or Justices to whom the charge or complaint is preferred, instead of issuing in the first instance his or their warrant to apprehend the person charged or complained against, may, if he or they think fit, issue his or their summons (C) directed to such person, requiring him to appear before the Justice or Justices, at the time and place to be therein mentioned, or before such other Justice or Justices of the same Territorial Division as may then be there, and if, after being served with the summons in manner hereinafter mentioned, he fails to appear at such time and place, in obedience to such summons, the Justice or Justices, or any other Justice or Justices of the Peace for the same Territorial Division, may issue his or their warrant (D) to apprehend the person so charged or complained against, and cause such person to be brought before him or them, or before some other Justice or Justices of the Peace for the same Territorial Division to answer to the charge or complaint, and to be further dealt with according to law; but any Justice or Justices of the Peace may, if he or they see fit, issue the warrant hereinbefore first mentioned, at any time before or after the time mentioned in the summons for the appearance of the accused party.

Under this section it would appear that the power to finally dispose of the case does not belong exclusively to the Justice who issues the summons, though in this Act there is no provision similar to that contained in sections 85, 86 and 87 of the Act relating to summary convictions and orders, see R. v. Milne, 25 C. P. (Ont.), 94.

3. In all cases of indictable offences committed on the high seas, or in any creek, harbour, haven or other place, in which the Admiralty of England have or claim to have jurisdiction, and in all cases of offences committed on land beyond the seas for which an indictment may be preferred, or the offender may be arrested in Canada, any one or more Justice or Justices for any Territorial Division in which any person charged with having committed, or being suspected to have committed any such offence, shall be or be suspected to be, may issue his or their warrant (D 2) to apprehend such person, to be dealt with as therein and hereby directed.

The great inland lakes of Canada are within the Admiralty jurisdiction, and offences committed on them are as though committed on the high seas, and therefore any magistrate of this Province has authority to inquire into offences committed on said lakes, although in American waters. R. v. Sharp, 5 P. R (Ont.),

135.

As to the jurisdiction of the Admiralty, see R. v. Keyn, L. R., 2 Ex. D., 63.

See also on the above section, R. v. Eyre, L. R., 3 Q. B., 487. The Statute 32 & 33 Vic., chap. 29, s. 136, enacts, when any felony punishable under the laws of Canada has been committed within the jurisdiction of any Court of Admiralty in Canada, the same may be dealt with, inquired of, tried, and determined in the same manner as any other felony committed within that jurisdiction.

4. In case an indictment be found by the Grand Jury in any Court of Criminal Jurisdiction, against any person then at large, and whether such person has been bound by any recognizance to appear to answer to any such charge, or not, and in case such person has not appeared and pleaded to the indictment, the person who acts as Clerk of the Crown or Chief Clerk of such Court, shall, at any time at the end of the term or sittings of the Court at which the indictment has been found, upon application of the prosecutor, or of any per

son on his behalf, and on payment of a fee of twenty cents, grant to such prosecutor or person a certificate (F) of such indictment having been found; and upon production of such Certificate to any Justice or Justices of the Peace for the Territorial Division in which the offence is in the indictment alleged to have been committed, or in which the person indicted resides, or is supposed or suspected to reside or be, such Justice or Justices shall issue his or their warrant (G) to apprehend the person so indicted, and to cause him to be brought before such Justice or Justices, or any other Justice or Justices for the same Territorial Division, to be dealt with according to law.

This certificate can only be obtained after the assizes or sessions, for during the assizes or sessions the prosecutor may obtain a Bench warrant (see section 17). But it is not only in cases where the prosecutor has omitted to apply for a Bench warrant during the assizes or sessions, but also where he has applied and got it, that this mode of obtaining a Justice's warrant to apprehend a party indicted may be useful-for it may often happen that whilst the Bench warrant is in the possession of a constable in another county, or in a distant part of the same county, there may be an opportunity of apprehending the defendant in another part of the county or in another county.

An indictment may be preferred for any offence, at the Court having jurisdiction to try it, without any preliminary inquiry before Justices, except in cases provided by the 32 & 33 Vic., chap. 29, s. 28, as amended by the 40 Vic., chap. 26.

If the Justices before whom any person is charged with any of the offences named in these statutes refuse to commit, the prosecutor, if he desire it, may enter into a recognizance to prefer an indictment for the offence; and such recognizance, with the information and depositions, if any, shall be returned to the Court in which the indictment is to be preferred. 32 & 33 Vic., chap. 29, s. 29.

The finding of an indictment in the cases mentioned in the fourth section of this Act, gives the Justice jurisdiction to issue his warrant to apprehend the person against whom such indictment is found.

5. If the person be thereupon apprehended and brought before any such Justice or Justices, such Justice or Justices, upon its being proved upon oath

or affirmation before him or them that the person so apprehended is the person charged and named in the indictment, shall, without further inquiry or examination, commit (H) him for trial or admit him to bail in manner hereinafter mentioned.

6. If the person so indicted is confined in any gaol or prison for any other offence than that charged in the indictment at the time of such application and production of such certificate to the Justice or Justices, such Justice or Justices, upon its being proved before him or them upon oath or affirmation, that the person so indicted and the person so confined in prison are one and the same person, shall issue his or their warrant (I) directed to the gaoler or keeper of the gaol or prison in which the person so indicted is then confined, commanding him to detain such person in his custody until, by Her Majesty's Writ of Habeas Corpus, or by order of the proper Court, he be removed therefrom for the purpose of being tried upon the said indictment, or until he be otherwise removed or discharged out of his custody by due course of law.

7. Nothing in this Act contained shall prevent the issuing or execution of Bench Warrants, whenever any Court of competent jurisdiction thinks proper to order the issuing of any such warrant.

8. Any Justice or Justices of the Peace may grant or issue any Warrant as aforesaid, or any Search Warrant, on a Sunday as well as on any other day.

This section does not authorize the issue of a summons on a Sunday; but all persons guilty of indictable offences may be arrested on Sunday. Rawlins v. Ellis, 16 M. & W., 172; 29 Car. 2, chap. 7, s. 6.

9. In all cases when a charge or complaint for an indictable offence is made before any Justice or Justices, if it be intended to issue a warrant in the first instance against the party charged, an information and complaint thereof (A) in writing, on the oath or affirmation of the informant, or of some witness or witnesses in that behalf, shall be laid before such Justice or Justices.

10. When it is intended to issue a summons instead of a warrant in the first instance, the information and complaint shall also be in writing, and be sworn to or affirmed in manner aforesaid except only in cases where by some Act or law it is specially provided that the information and complaint may be by parole merely, and without any oath or affirmation to support or substantiate the same.

A summons issued under the 4 & 5 Vic., chap. 26, for malicious injuries to property, must be upon complaint under oath. Ex parte Hook, 3 L. C. R., 496.

11. No objection shall be taken or allowed to any information and complaint for any alleged defect therein, in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution, before the Justice or Justices who take the examination of the witnesses in that behalf.

A man accused of crime before a magistrate, who raises no objection to the form of the information, and is tried and convicted, is by the operation of this section much in the same position as a man indicted for crime who omits to demur to or quash the indictment, pleads not guilty, is tried and convicted. All defects apparent on the face of the information are waived. Crawford v. Beattie, 39 Q. B. (Ont.), 28; R. v. Cavanagh, 27 C.P. (Ont.), 537 ; 32 & 33 Vic., chap. 29, s. 32. In R. v. Cavanagh, supra, it was held that an information for an offence punishable on summary conviction, might be amended; and in Crawford v. Beattie, supra, it seemed to be assumed that the same course might be pursued in the case of an information for an indictable offence. On objection, therefore, taken to an information, the magistrate may allow it to be amended in the same manner as an indictment under 32 & 33 Vic., chap. 29, s. 32; see also Re Conklin, 31 Q. B. (Ont.),

160.

This section was framed not only to meet the case of a variance between the information and the evidence (see Whittle v. Frankland, 5 L. T., N. S., 639); but to cure defects in the information either in "substance or in form," where the evidence discloses an offence. But it does not enable the Justice to summon a person for one offence requiring a particular punishment, and without a fresh information, convict him of a different offence requiring a different punishment. Martin v. Pridgeon, 1 E. & E., 778; R. v. Brickhall, 10 L. T., N. S., 385. The plaintiff was brought before defendant and another magistrate on the 2nd of January, 1875, under a summons issued by defendant, on an information that he did on &c.“ obtain, by false pretences, from complainant, the sum of five dollars contrary to law," omitting the words "with intent to defraud," which, by the Statute 32 & 33 Vic., chap. 21, s. 93, is made part of the offence. The plaintiff did not, when before the magistrate, pretend ignorance of the charge, or take any objection