1186 [ 10 OF 1890. ] MAGISTRATES .
No objection 22. No objection shall be taken or allowed to any complaint,
want of form. information or summons for any alleged defect therein in sub
and 12
č.[1143, s. 1.] V.
stance or in form , or for any variance between such complaint,
information or summons, and the evidence adduced in support
thereof and the adjudicating Magistrate shall in all cases give
judgment upon the substantial merits and facts of the case as
proved before him , and convict the defendant of the offence of
wbich he shall appear to have been guilty ; but if any such
variance shall appear to the Magistrate to be such that the party
so summoned and appearing has been thereby deceived or misled
it shall be lawful for such Magistrate upon such terms as he
shall think fit to adjourn the hearing of the case to some future
day.
Form of 23. In all cases of conviction where no particular form of
convictions
and orders. such conviction is or shall be given by the ordinance or statute
[11 and 12 V. creating the offence or regulating the prosecution for the same,
c. 43 , s. 17. ]
and in all cases of conviction upon past ordinances or statutes
whether any particular form of conviction have been therein
given or not, it shall be lawful for the Magistrate who shall so
convict to draw up his conviction in such one of the forms of
convictions in the 2nd schedule hereto as shall be applicable to
such case or to the like effect ( xiv. to xxi . ) ; and where an
order shall be made, and no particular form of order is or shall
be given by the ordinance or statute giving authority to make
such order, and in all cases orders to be made under the author
ity of any past ordinances or statutes, whether any particular
form of order shall therein be given or not, it shall be lawful
for the Magistrate by whom such order is to be made to draw
up the same in such one of the forms of orders in the 2nd scbe
dule hereto as may be applicable to such case, or to the like
effect ( xxii . to XXXII. ).
Proof by 24. In a proceeding before a Magistrate without prejudice
declaration
of service of to any other mode of proof, service on a person of any summons,
process,and notice, process, or document required or authorised to be served,
of ,handwrit-
& c. and the bandwriting and seal of a Magistrate or other officer or
[4249,ands. 41.
C. 43 ]V. person on any warrant, summons, notice, process, or document,
may be proved by a solemn declaration ( XXXVI ., XxxvII. ) 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 of the official character of the person or
persons taking or signing the same.
If any declaration maile under this section is untrue in any
material particular, the person wilfully making such false
declaration shall be guilty of wilful and corrupt perjury.