A.D. 1878. such warrant has jurisdiction, or generally to all the constables or peace officers within such last-mentioned district. It shall state shortly the offence for which it is issued, and shall name or otherwise describe the offender, and it shall order the person or persons to whom it is directed to apprehend the offender, and bring him 5 before the justice or justices issuing the warrant, or before some other justice or justices of the peace for the same district, to answer to the charge contained in the said information, and to be further dealt with according to law. It shall not be necessary to make such warrant returnable at any particular time, but it shall remain 10 in force until it is executed.

SECTION 313.

IRREGULARITIES IN THE WARRANT IMMATERIAL.

No irregularity or defect in substance or in form in the warrant, and no variance between it and the evidence adduced on the part of 15 the prosecution at the preliminary inquiry herein-after mentioned, shall prevent any justice from proceeding with such hearing or affect the validity of any proceedings thereat or subsequent thereto, but if any such variance appears to such justice or court to be such that the defendant has been thereby deceived or misled, such justice may 20 at the request of the defendant adjourn the hearing of the case to some future day, and in the meantime remand the party so charged, or admit him to bail, in manner herein-after mentioned.

SECTION 314.

CONTENTS OF SUMMONS. SERVICE OF SUMMONS.

The summons shall be directed to the defendant, and shall require him to appear before a justice or justices having local jurisdiction at a time and place to be therein mentioned. It may be in the form (F.) given in the first schedule hereto, or to the like effect.

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Every such summons shall be served by a constable or other 30 peace officer upon the person to whom it is directed, either by delivering it to him personally, or by leaving it with some person for him at his last or most usual place of abode.

The person by whom the summons is served as aforesaid shall attend at the time and place specified therein for the appearance of 35 the person summoned, in order if necessary to prove its service.

SECTION 315.

IF PERSON SUMMONED DOES NOT APPEAR-WARRANT.

If the person charged does not appear at the time and place appointed, any justice having local jurisdiction may issue his warrant 40

to apprehend the defendant, and to cause him to be brought before A.D. 1878. him. The provisions herein-before contained as to warrants shall apply to every such warrant. It may be in the form (G.) in the first schedule hereto, or to the like effect.

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CHAPTER XLII.

OF PRELIMINARY INQUIRIES BEFORE JUSTICES.

SECTION 316.

JUSTICE TO HOLD PRELIMINARY INQUIRY.

Whenever any charge of an indictable offence has been made 10 against any person, a preliminary inquiry shall be held according to the provisions herein-after contained, either by one justice or by more justices than one locally competent.

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SECTION 317.

PROCEEDINGS ON APPEARANCE OF DEFENDANT.

When the defendant appears or is brought before the justice, the justice shall take the evidence of the witnesses called in support of the charge offered on the part of the prosecution.

The evidence of the said witnesses shall be given upon oath and in the presence of the defendant, and he, his counsel or solicitor, 20 shall be entitled to cross-examine them upon facts relevant to the charge, but not unless the justice thinks it necessary or desirable to matters relevant only as affecting their credit.

As the evidence is given the substance of it shall be taken down in writing in the form of a narrative in the first person, 25 provided that the whole or any part of it may be taken down if the justice thinks fit in the form of question and answer. The evidence so taken down is herein-after called a deposition, and shall be in the form (H.) in the first schedule hereto, or to the like effect.

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SECTION 318.

CALLING ON THE PERSON CHARGED FOR HIS DEFENCE.

As soon as the justice considers that evidence of the guilt of the defendant sufficient to justify his committal has been given, he shall declare that his intention is to commit the defendant for trial unless he shows cause why he should not be committed.

EVIDENCE TO BE READ TO THE DEFENDANT.

When the justice has expressed such conditional intention to commit the defendant as aforesaid, he shall read over or cause to be read over to the defendant the depositions of the witnesses, the witnesses being 5 present or not as may be most convenient. When the depositions have been read over to the defendant he shall be addressed by the justice in these words or to the like effect:

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Having heard the evidence, do you wish to say anything in answer to the charge? You are not bound to say anything, but 10 whatever you do say will be taken down in writing and may be given in evidence against you at your trial."

Whatever the defendant then says in answer thereto shall be taken down in writing in the form (I.) in the first schedule hereto, or to the like effect, and shall be signed by the justices and kept 15 with the depositions of the witnesses and dealt with as herein-after mentioned.

The defendant, or his counsel or solicitor, may then show cause why the justices should not commit him for trial.

After the proceedings required by the last preceding section are complete, the defendant shall be asked if he wishes to call any witnesses. Every witness whom he may call who testifies to any fact relevant to the case shall be heard, and his deposition shall be 25 taken in the same manner as the depositions of the witnesses for the prosecution, provided that the defendant shall not be entitled to call witnesses before the justice to prove any matter of excuse, the burden of proving which is upon him, nor to justify the publication of what is alleged to be a defamatory libel.

SECTION 321.

DISCRETIONARY POWERS OF THE JUSTICE.

The justice may in his discretion,

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(a.) Permit or refuse permission to the prosecutor, his counsel or attorney, to address him in support of the charge either by way of 35 opening or summing up the case, or by way of reply upon any evidence which may be produced by the person charged;

(b.) Receive further evidence on the part of the prosecutor after hearing any evidence given on behalf of the defendant;

(c.) Adjourn the hearing of the matter from time to time and place A.D. 1878. to place, if from the absence of witnesses, the inability of a witness. who is ill to attend at the place where the justice usually sits, or any other reasonable cause, it appears desirable to do so, provided 5 that no such adjournment shall be for more than eight clear days, the day following that on which the adjournment is made being counted as the first day;

(d.) Order that no person shall have access to or remain in the room or building in which the inquiry is held (which shall not be 10 an open court) if it appears to him that the ends of justice will be best answered by so doing;

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(e.) Regulate the course of the inquiry in any way which may appear to him desirable, and which is not inconsistent with the provisions of this Act.

SECTION 322.

COMMITTAL OR DISCHARGE.

When all the witnesses on the part of the prosecution who are offered or whom the court thinks it necessary to hear, and when all the witnesses produced by the defendant who know any fact or cir20 cumstance relevant to the case have been heard respectively, the justice shall either discharge the defendant, if he is of opinion that the evidence given is not sufficient to put him upon his trial, or if he thinks that it is, he shall commit him for trial in the manner herein-after more particularly mentioned; provided that if a defen25 dant is brought before a justice (whether upon a warrant issued by him or upon a warrant backed by him, or otherwise) charged with an offence committed out of the district in which the inquiry is held, but in England, and if the justice thinks the evidence produced before him insufficient to put the defendant upon his trial, the 30 justice shall not discharge the defendant, but shall order him to be taken before some justice in the district and near to the place where the offence is alleged to have been committed, by a person to whom he shall give a warrant for that purpose in the form (J.) in the first schedule hereto, or to the like effect. The justice shall deliver to the 35 said person the information and complaint, depositions and recognizances, taken by him under the provisions of this Act, to be by him delivered to the justice before whom the defendant is to be taken, and such depositions and recognizances shall be deemed to have been taken in the case, and shall be dealt with in the manner 40 herein-after provided for as to other depositions and recognizances;

A.D. 1878. provided also that the fact that a defendant has been discharged upon a preliminary inquiry shall not prevent any justice from holding another such inquiry if he sees cause to do so.

Any court herein-after mentioned to which it appears that any person has given false evidence in any proceeding before it, may either commit such person for trial at the next sitting of any superior court for the district in which such false evidence was given or in which such court sits, or admit him to bail as herein-after 10 mentioned.

Every such court shall in such cases bind over some person to prosecute such offender, and may bind over any person to give evidence against such offender, in the manner herein-after provided for in other cases of persons committed by a justice for an indictable 15 offence.

Whenever any person is bound over to prosecute under this section, the court by which he is so bound over shall give him a certificate that he was directed to prosecute as aforesaid, and upon the production of such certificate he shall be entitled to his costs as 20 herein-after mentioned.

Every such court may also direct any such offender to be taken into custody and to be taken before a justice, and such justice shall thereupon deal with the case in all respects in the same manner as if such offender had been brought before him otherwise.

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The word "court" in this section includes all the superior courts, civil and criminal, and every division and judge thereof, all courts of quarter session, commissioners of bankruptcy, judges and deputy judges of county courts and courts of record, justices of the peace in special or petty sessions, sheriffs and their lawful deputies, before 30 whom any writ of inquiry or writ of trial from any superior courts are executed.

CHAPTER XLIII.

PREPARATION OF EVIDENCE FOR THE TRIAL.

SECTION 324.

PROCURING ATTENDANCE OF WITNESSES.

If it is proved by the oath of one witness before any justice by whom a preliminary examination is held or is to be held, that any

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