A.D. 1890.]
MAGISTRATES.
[No. 3.
687
of handwrit-
c. 49 s. 41. process, or document required or authorized to be served, and the hand- process and writing and seal of a Magistrate or other officer or person on any warrant, ing, etc. summons, notice, process, or document, may be proved by a solemn declaration taken before a Justice of the Peace; and any declaration purporting to be so taken shall, until the contrary is shown, be sufficient proof of the statements contained therein, and shall be received in evidence in any court or legal proceeding, without proof of the signature or official character of the person or persons taking or signing the same.
(2.) If any declaration made under this section is untrue in any material particular, the person wilfully making such false declaration shall be guilty of wilful and corrupt perjury.
First Schedule: Forms Nos.
execution of warrant, etc.
25.--(1.) Every warrant to apprehend a defendant in order that he may answer to any complaint or information shall be under the hand and seal of the Magistrate issuing the same, and may be directed either to any constable or peace officer by name or generally to all the constables within the Colony.
(2.) It shall state shortly the matter of the complaint or information on which it is founded, and shall name or otherwise describe as far as practicable the person against whom it has been issued, and it shall order the constable or other person to whom it is directed to apprehend the defendant and to bring him before a Magistrate to answer to the complaint or information, and to be further dealt with according to law.
(3.) It shall not be necessary to make the warrant returnable at any particular time, but the same may remain in full force until it is executed.
(4.) The warrant may be executed by apprehending the defendant at any place within the Colony or the waters thereof; in every case where the warrant is directed to all constables or peace officers within the Colony, it shall be lawful for any constable or other peace officer to execute the warrant in like manner as if it were directed specially to such constable or other peace officer by name, and notwithstanding that the place in which such warrant is executed may not be within the place for which he is such constable or other peace officer: Provided always that no objection shall be taken or allowed to any warrant to apprehend a defendant so issued on any such complaint or information as aforesaid under or by virtue of this Ordinance 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 complainant or informant; but if any such variance appears to the Magistrate at the hearing to be such that the party so apprehended under the warrant has been thereby deceived or misled, it shall be lawful for the Magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day, and in the meantime.
c. 43 s. 3.
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