issue his or their warrant (D) for apprehending the party so summoned, and bringing him before such justice or justices, or before some other justice or justices for the same territorial division, to answer the charge in the said information. and complaint mentioned, and to be further dealt with according to law: provided always, that no objection shall be taken or allowed to any such summons or warrant 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 prosecutor before the justice or justices who shall take the examination of the witnesses in that behalf as hereinafter mentioned; but if any such variance shall appear to such justice or justices to be such that the party charged has been thereby deceived or misled, it shall be lawful for such justice or justices, at the request of the party so charged, to adjourn the hearing of the case to some future day, and, in the meantime, to remand the party so charged, or admit him to bail in manner hereinafter mentioned.

Warrant-Form of, &c.—§ 6. That every warrant (B) hereafter to be issued by any justice or justices of the peace to apprehend any person charged with any indictable offence, shall be under the hand and seal, or hands and seals, of the justice or justices issuing the same, and may be directed to all or any of the constables or other peace officers of the district within which the same is to be executed, or to such constable and all other constables or peace officers in the territorial division within which the justice or justices issuing the same has or have jurisdiction, or generally to all the constables or peace officers within the last-mentioned territorial division; and it shall state shortly the offence on which it is founded, and shall name and otherwise describe the offender; and it shall order the person or persons to whom it is directed to apprehend the offender, and bring him before the justice or justices issuing such warrant, or before some other justice or justices of the peace for the same territorial division, to answer to the charge contained in the said information, and to be further dealt with according to law; and it shall not be necessary to make such warrant returnable at any particular time, but the same may remain in force until it shall be executed; and such warrant may be executed by apprehending the offender at any place within the territorial division within which the justice or justices issuing the same shall have jurisdiction, or, in case of pursuit, at any place in the next adjoining territorial division, and within seven miles of the border of such first mentioned territorial division, without having such warrant

backed, as hereinafter mentioned; and in all cases where such warrant shall be directed to all constables or other peace officers within the territorial division within which such justice or justices shall have jurisdiction, it shall be lawful for any constable or other peace officer for any place within such territorial division to execute the said warrant at any place within the jurisdiction for which the said justice or justices shall have acted when he or they granted such warrant, in like manner as if such warrant were directed specially to such constable by name, and notwithstanding the place within which such warrant shall be executed shall not be within the place for which he shall be constable or peace officer: provided always, that no objection shall be taken or allowed to any such warrant for any 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 shall take the examination of the witnesses in that behalf as hereinafter mentioned; but if any such variance shall appear to any such justice or justices to be such that the party charged has been thereby deceived or misled, it shall be lawful for such justice or justices, at the request of the party so charged, to adjourn the hearing of the case to some future day, and in the meantime to remand the party so charged, or to admit him to bail in manner hereinafter mentioned.

Backing Warrant.-§ 7. That if the person against whom any such warrant shall be issued, as aforesaid, shall not be found within the jurisdiction of the justice or justices by whom the same shall be issued, or if he shall escape, go into, reside, or be, or be supposed or suspected to be in any place within this province, whether in Upper or in Lower Canada, out of the jurisdiction of the justice or justices issuing such warrant, it shall and may be lawful for any justice of the peace within the jurisdiction of whom such person shall so escape or go, or in which he shall reside or be, or be supposed or suspected to be, upon proof alone being made on oath of the hand-writing of the justice issuing the same, and without any security being given, to make an endorsement (K) on such warrant signed with his name, authorising the execution of such within the jurisdiction of the justice making such endorsement, and which endorsement shall be sufficient authority to the person bringing such warrant, and to all other persons to whom the same was originally directed, and also to all constables and other peace officers of the territorial division where such warrant shall be so endorsed, to execute the same in such other territorial division, and to carry the

person against whom such warrant shall have issued, when apprehended, before the justice or justices of the peace who first issued the warrant, or before some other justice or justices of the peace for the same territorial division, or before some justice or justices of the territorial division where the offence in the said warrant mentioned appears therein to have been committed: provided always, that if the prosecutor or any of the witnesses upon the part of the prosecution shall then be in the territorial division where such person shall have been so apprehended, the constable, or other person or persons who shall have so apprehended such person, may, if so directed by the justice backing such warrant, take and convey him before the justice who shall have so backed the said warrant, or before some other justice or justices for the same territorial division; and the said justice or justices may thereupon take the examination of such prosecutor or witnesses, and proceed in every respect in manner hereinafter directed with respect to persons charged before a justice or justices of the peace, with an offence alleged to have been committed in another territorial division than that in which such persons have been apprehended.

Summoning Witnesses.-§ 8. That if it shall be made to appear to any justice of the peace, by the oath or affirmation of any credible person, that any person within the jurisdiction of such justice is likely to give material evidence for the prosecution, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the examination of witnesses against the accused, such justice may, and is hereby required to issue his summons (L 1) to such person under his hand and seal, requiring him to be and appear at a time and place mentioned in such summons, before the said justice, or before such other justice or justices of the peace for the same territorial division as shall then be there, to testify what he shall know concerning the charge made against such accused party; and if any person so summoned shall neglect or refuse to appear at the time and place appointed by the said summons, and no just excuse shall be offered for such neglect or refusal, then (after proof upon oath or affirmation of such summons having been served upon such person, either personally or with some person for him at his last or most usual place of abode) it shall be lawful for such justice or justices before whom such person should have appeared, to issue a warrant (L 2) under his or their hands and seals, to bring and have such person, at a time and place to be therein mentioned, before the justice who issued the said summons, or before

such other justice or justices of the peace for the same territorial division as shall then be there, to testify as aforesaid, and which said warrant may, if necessary, be backed as hereinbefore is mentioned, in order to its being executed out of the jurisdiction of the justice who shall have issued the same; or if such justice shall be satisfied by evidence upon oath or affirmation that it is probable that such person will not attend to give evidence unless compelled so to do, then, instead of issuing such summons, it shall be lawful for him to issue his warrant (L 3) in the first instance, and which, if necessary, may be backed as aforesaid, and if on the appearance of such person so summoned before the said last mentioned justice or justices, either in obedience to the said summons or upon being brought before him or them by virtue of the said warrant, such person shall refuse to be examined upon oath or affirmation concerning the premises, or shall refuse to take such oath or affirmation, or having taken such oath or affirmation, shall refuse to answer such questions concerning the premises as shall then be put to him, without giving any just excuse for such refusal, any justice of the peace then present, and having there jurisdiction, may, by warrant (L 4) under his hand and seal, commit the person so refusing to the common gaol of the county where such person so refusing shall then be, there to remain and be imprisoned for any time not exceeding ten days, unless he shall in the meantime consent to be examined and to answer concerning the premises.

Examination in presence of the accused.-§ 9. That in all cases where any person shall appear or be brought before any or justice or justices of the peace charged with any indictable offence, whether committed in this province or upon the high seas, or on land beyond the seas, or whether such person appear voluntarily upon summons or have been apprehended, with or without warrant, or be in custody for the same or any other offence, such justice or justices before he or they shall commit such accused person to prison for trial, or before he or they shall admit him to bail, shall in the pesence of such accused person, who shall be at liberty to put questions to any witness produced against him, take the statement (M) or oath or affirmation of those who shall know the facts and circumstances of the case, and shall put the same in writing, and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined, and shall be signed also by the justice or justices taking the same; and the justice or justices before whom any such witness shall appear to be examined as afore

said, shall, before such witness is examined, administer to such witness the usual oath or affirmation, which such justice or justices shall have full power and authority to do; and if, upon the trial of the person so accused as first aforesaid, it shall be proved upon oath or affirmation of any credible witness, that any person whose deposition shall have been taken as aforesaid is dead, or is so ill as not to be able to travel, and if also it be proved that such deposition was taken in the presence of the person so accused, and that he or his counsel or attorney, had a full opportunity of cross-examining the witness, then if such deposition purports to be signed by the justice by or before whom the same purports to have been taken, it shall be lawful to read such deposition as evidence in such prosecution without further proof thereof, unless it shall be proved that such deposition was not in fact signed by the justice purporting to sign the same.

§ 10. Statement of the Accused Party.-That after the examinations of all the witnesses on the part of the prosecution as aforesaid shall have been completed, the justice of the peace, or one of the justices by or before whom such examination shall have been so completed as aforesaid, shall, without requiring the attendance of witnesses, read or cause to be read to the accused the depositions taken against him, and shall say to him these words, or words to the like effect: "Having heard the evidence, do you wish to say any thing in answer to the charge? You are not obliged to say any thing unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial." And whatever the prisoner shall then say in answer thereto shall be taken down in writing (N) and read over to him, and shall be signed by the said justice or justices, and kept with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned; and afterwards, upon the trial of the said accused person, the same may, if necessary, be given in evidence against him without further proof thereof, unless it shall be proved that the justice or justices purporting to sign the same did not in fact sign the same: provided always, that the said justice or justices, before such accused person shall make any statement, shall state to him and give him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall then say may be given in evidence against him upon his trial, notwithstanding such promise or