MAGISTRATES . [ 10 of 1890.] 1187
25. Every warrant to apprehend a defendant that he may Form of
answer to any such complaint or information as aforesaid , shall warrant,
[ 11 & 12 V.
be under the hand and seal of the Magistrate issuing the same, c. 43, s.3.]
and may be directed either to any constable or peace officer by
name or generally to all the constables within the Colony and
it shall state shortly the matter of the complaint or information
on which it is founded, and shall naine 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 said complaint or 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 full force until it shall be
executed ; and such warrant may be executed by apprehending Execution of
warrant.
the defendant at any place within the Colony or the waters
thereof ; in all cases where such warrant shall be directed to all
constables or peace officers within the Colony it shall be lawful
for any constable or other peace officer to execute such warrant
in like manner as it such warrant were directed specially to such
constable or other peace officer by name, and not withstanding
that the place in which such warrant shall be executed shall
not be within the place for which he shall be such constable or
other peace officer: provided always, that no objection shall be No objection
taken or alloived to any such warrant to apprehend a defendant forwant of
so issued upon any such complaint or information as aforesaid variance
under or by virtue of this ordinance for any alleged defect between it and
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 shall appear to the Magis
trate at the hearing to be such that the party so apprehended
under such warrant 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, and Adjournment
in the meantime to commit the defendant to prison or some upon termsif
place of security or to such other custody as such Magistrate deceived.
sball think fit, or to discharge him upon his entering into a
recognisance ( v. ) with or without surety or sureties, at the
discretion of such Magistrate conditioned for his appearance at
the time and place to which such hearing shall be so adjourned :
provided always, that in all cases where aa defendant shall be
discharged upon recognisance as aforesaid, and shall not after
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wards appear at the time and place in such recognisance
mentioned, then the Magistrate then present shall certify ( VII. )
on the back thereof the non -appearance of the defendant and
may declare such recognisance to be forfeited and may also
torthwith issue a warrant for his apprehension.