PART XXV.

FORMS.

Statutory forms validated.—Variation.

1152. The several forms in this Part, varied to suit the case, or forms to the like effect, shall be deemed good, valid and sufficient in the cases thereby respectively provided for; and may, when made for one class of officials, be varied so as to apply to any other class having the same jurisdiction.

Origin]-Secs. 541, 982, Code of 1892; R.S.C. 1886, ch. 174, sec. 7; 32-33 Vict., Can., ch. 30.

Effect of statutory forms and of variances therefrom]-This section has been held to authorize the variance of Code forms 53 and 54 in such particulars as may be necessary where warrants to the like effect are issued to enforce a judgment on appeal from justices instead of the summary conviction itself from which the appeal was taken. Collette v. The King, 16 Can. Cr. Cas. 281; ex parte Hilchie, 11 Can. Cr. Cas. 85. The forms given are not imperative; R. v. May (1905) 9 Can. Cr. Cas. 529, 5 O.W.R. 67; R. v. Hamilton, 12 Man. L.R. 354, 2 Can. Cr. Cas. 390; and it seems that a statutory notice will be valid as being the like effect" where it states on its face by whom it is given, although signature, as indicated in the statutory form, was omitted. R. v. Bryson, 10 Can. Cr. Cas. 398.

"to

In addition to the special enactment here contained as to the Code forms, there is the general provision of the Interpretation Act, R.S.C. 1906, ch. 1, sec. 31, applicable to all Dominion statutes, that "whenever forms are prescribed, slight deviations therefrom, not affecting the substance or calculated to mislead, shall not invalidate them."

Illustrations appended to sections of a statute should be accepted if that can be done as being of relevance and value in construing the text; they should only be rejected as repugnant to the section as the last resort of construction. Mahomed v. Yeoh [1916] 2 A.C. 575 As to particular offences, see also the notes to the Code section dealing with the offence.

(Section 629.)

FORM 1.

Information to obtain a Search Warrant.

Canada,

Province of

County of

The information of A. B., of

county (yeoman), taken this

year

before me, J. S., Esquire, a justice of the peace,

in and for the district (or county, etc.), of who says that (describe things to be searched for and offence in respect of which search is made), and that he has just and reasonable cause to suspect, and suspects, that the said goods and chattels, or some part of them, are concealed in the (dwelling-house, etc.), of C. D., of

in the said district (or county, etc.), (here add the causes of suspicion, whatever they may be): Wherefore (he) prays that a search warrant may be granted to him to search the (dwelling-house, etc.,) of the said C. D., as aforesaid, for the said goods and chattels so stolen, taken and carried away as aforesaid (or as the case may be).

Sworn (or affirmed) before me the day and year first above mentioned, at in the said county of

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

Whereas it appears on the oath of A. B., of

that there

is reason to suspect that (describe things to be searched for and offence in respect of which search is made) are concealed in

at

This is, therefore, to authorize and require you to enter between · the hours of (as the justice shall direct) into the said premises, and to

search for the said things, and to bring the same before me or some

Whereas proof upon oath has this day been made before me, a justice of the peace in and 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 brings me this warrant, and all other persons to whom this warrant was originally directed or by whom it may be lawfully executed, and also all peace officers of the said county of to execute the same within the said county

(yeoman), in the year

before the undersigned (one) of His Majesty's justices of the peace

in and for the said county of

(etc., stating the offence).

at

Sworn before (me), the day and year first above mentioned,

J. S.,

J. P., (name of county.)

55-56 V, c. 29, sch. 1, form C.

FORM 4.

(Section 656.)

Warrant to Apprehend a Person Charged with an Indictable Offence Committed on the High Seas or Abroad.

For offences committed on the high seas the warrant may be the same as in ordinary cases, but describing the offence to have been committed on the high seas, out of the body of any district or county of Canada and within the jurisdiction of the Admiralty of England.'

For offences committed abroad for which the parties may be indicted in Canada, the warrant also may be the same as in ordinary cases, but describing the offence to have been committed on land out of Canada, to wit: at in the Kingdom of

от,

Summons to a Person charged with an Indictable Offence.

Whereas you have this day been charged before the undersigned, a justice of the peace in and for the said for that you on

county of

at

(stating shortly the offence): These are therefore to command you, in His Majesty's name, to be and appear before (me) on o'clock in the (fore) noon, at

at

or before such

as

other justice or justices of the peace for the same county of shall then be there, to answer to the said charge, and to be further dealt with according to law. Herein fail not.

Given under (my) hand and seal, this the year

55-56 V, c. 29, sch. 1, form E.

at

in

day of

in the county aforesaid.

J. S., [SEAL.]

J. P., (name of county.)

(Section 659.)

FORM 6.

Warrant in the first instance to apprehend a Person charged with an Indictable Offence.

Canada,

Province of

County of

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

county of

Whereas A. B., of

upon oath before the undersigned in and for the said county of

at

(labourer), has this day been charged

a justice of the peace for that he, on

to answer

did (etc., stating shortly the offence): These are, therefore, to command you, in His Majesty's name, forthwith to apprehend the said A. B., and to bring him before (me) or some other justice of the peace in and for the said county of unto the said charge, and to be further dealt with according to law. Given under (my) hand and seal, this the year

at

55-56 V, c. 29, sch. 1, form F.

day of

in the county aforesaid.

J. S., [SEAL.]

J. P., (name of county.)

in

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

county of

Whereas on the

A. B., of

day of

, (instant or last past)

was charged before (me or us,) the undersigned (or name the justice or justices, or as the case may be), (a) justice of the peace in and for the said county of

(etc., as in the summons); and whereas I (or he the said justice of the peace, or we or they the said justices of the peace) did then issue (my, our, his or their) summons to the said A. B., commanding him, in His