2. A constable or other peace officer shall be deemed to be deputed within the meaning of this section if he is deputed by any writing signed by the person who is the head of such department, or who is authorized to sign documents on behalf of such department.

571. Search warrant for mined gold, silver, etc.-On complaint in writing made to any justice of the county, district or place, by any person interested in any mining claim, that mined gold or goldbearing quartz, or mined or unmanufactured silver or silver-ore, is unlawfully deposited in any place, or held by any person contrary to law, a general search warrant may be issued by such justice, as in the case of stolen goods, including any number of places or persons named in such complaint; and if, upon such search, any such gold or gold-bearing quartz, or silver or silver-ore is found to be unlawfully deposited or held, the justice shall make such order for the restoration thereof to the lawful owner as he considers right.

2. The decision of the justice in such case is subject to appeal as in ordinary cases coming within the provisions of Part LVIII. R.S.C., c. 174, s. 53.

As to conditions of Appeal, see Article 880 post.

572. Search by peace officer for detained lumber, etc.—If any constable or other peace officer has reasonable cause to suspect that any timber, mast, spar, saw-log or other description of lumber, belonging to any lumberman or owner of lumber, and bearing the registered trade mark of such lumberman or owner of lumber, is kept or detained in any saw-mill, mill-yard, boom or raft, without the knowledge or consent of the owner, such constable or other peace officer may enter into or upon the same, and search or examine for the purpose of ascertaining whether such timber, mast, spar, saw-log or other description of lumber is detained therein without such knowledge and consent. R.S.C., c. 174, s. 54.

573. Search for and seizure of intoxicating liquors on Her Majesty's Ships. Any officer in Her Majesty's service, any warrant or petty officer of the navy, or any non-commissioned officer of marines, with or without seamen or persons under his command, may search any boat or vessel which hovers about or approaches, or which has hovered about or approached, any of Her Majesty's ships or vessels mentioned in section one hundred and nineteen, Part VI, of this Act, and may seize any intoxicating liquor found on board such boat or vessel; and the liquor so found shall be forfeited to the Crown. 50-51 V., c. 46, s. 3.

574. Warrants to search houses of ill-fame.-Whenever there is reason to believe that any woman or girl mentioned in section one hundred and eighty-five. Part XIII, has been inveigled or enticed to a house of ill-fame or assignation, then upon complaint thereof being made under oath by the parent, husband, master or guardian of such woman or girl, or in the event of such woman or girl having no known parent, husband, master nor guardian in the place in which the offence is alleged to have been committed, by any other person,

to any justice of the peace, or to a judge of any court authorized to issue warrants in cases of alleged offences against the criminal law, such justice of the peace or judge of the court may issue a warrant to enter, by day or night, such house of ill-fame or assignation, and if necessary use force for the purpose of effecting such entry whether by breaking open doors or otherwise, and to search for such woman or girl, and bring her, and the person or persons in whose keeping and possession she is, before such justice of the peace or judge of the court, who may, on examination, order her to be delivered to her parent, husband, master or guardian, or to be discharged, as law and justice require. R.S.C., c. 157, s. 7.

575. Searching gaming houses, betting houses, and lotteries.— If the chief constable or deputy chief constable of any city or town, or other officer authorized to act in his absence, reports in writing to any of the commissioners of police or mayor of such city or town, or to the police magistrate of any town, that there are good grounds for believing, and that he does believe, that any house, room or place within the said city or town is kept or used as a common gaming or betting-house as defined in Part XIV., sections one hundred and ninety-six and one hundred and ninety-seven, or is used for the purpose of carrying on a lottery, or for the sale of lottery tickets, contrary to the provisions of Part XV., section two hundred and five, whether admission thereto is limited to those possessed of entrance keys or otherwise, the said commissioners or commissioner, or mayor, or the said police magistrate, may, by order in writing, authorize the chief constable, deputy chief constable, or other officer as aforesaid. to enter any such house, room or place, with such constables as are deemed requisite by the chief constable, deputy chief constable or other officer, and, if necessary, to use force for the purpose of effecting such entry, whether by breaking open doors or otherwise,and to take into custody all persons who are found therein, and to seize, as the case may be, 1,-all tables and instruments of gaming, and all moneys and securities for money, or, 2,-all instruments or devices for the carrying on of such lottery, and all lottery tickets found in such house or premises. R.S.C., c. 158, s. 2.

2. The chief constable, deputy chief constable or other officer making such entry, in obedience to any order, may, with the assistance of one or more constables, search all parts of the house, room or place which he has so entered, where he suspects that tables or instruments of gaming or betting, or any instruments or devices for the carrying on of such lottery or any lottery tickets, are concealed, and all persons whom he finds in such house or premises, and seize all tables and instruments of gaming, or any such instruments or devices or lottery tickets as aforesaid, which he so finds. R.S.C., c. 158, s. 3.

3. The police magistrate or other justice of the peace before whom any person is taken by virtue of an order or warrant under this section, may direct any cards, dice, balls, counters, tables or other instruments of gaming, used in playing any game, and seized under this Act in any place used as a common gaming-house, or any such instruments or devices for the carrying on of a lottery, or any such

lottery tickets as aforesaid, to be forthwith destroyed, and any money or securities seized under this section shall be forfeited to the Crown for the public uses of Canada. R.S.C., c. 158, s. 5.

4. The expression "chief constable" includes chief of police, city marshal, or other head of the police force of any city, town or place. R.S.C., c. 158, s. 1.

5. The expression "deputy chief constable" includes deputy chief of police, deputy or assistant city marshal, or other deputy head of the police force of any city, town or place, and the expression police magistrate" includes stipendiary magistrates.

576. Warrant to search for vagrants.—Any stipendiary or police magistrate, mayor or warden, or any two justices of the peace, upon information before them made, that any person described in Part XV, as a loose, idle or disorderly person. or vagrant, is or is reasonably suspected to be harboured or concealed in any disorderly house, bawdy-house, house of ill fame, tavern or boarding-house, may, by warrant, authorize any constable or other person to enter at any time such house or tavern, and to apprehend and bring before them or any other justices of the peace, every person found therein so suspected as aforesaid. R.S.C., c. 157, s. 8.

Canada, Province of County of

FORMS UNDER PART XLIV.

FROM

A-Section 557.)

WARRANT TO CONVEY BEFORE A JUSTICE OF ANOTHER COUNTY.

SCHEDULE ONE.

Whereas information upon oath was this day made before the undersigned, that A. B. of day of in the year (state the charge).

at

on the

in the county of

"

And whereas I have taken the deposition of X. Y. as to the said offence.

And whereas the charge is of an offence committed in the county of

of

"

This is to command you to convey the said (name of accused), before some justice of the last-mentioned county, near the above place, and to deliver to him this warrant and the said deposition.

Dated at

Canada, Province of County of

in the said county of

,

in the year

of

J. S.,

J. P., (Name of county.)

RECEIPT TO BE GIVEN TO THE CONSTABLE BY THE JUSTICE
FOR THE COUNTY IN WHICH THE OFFENCE WAS
COMMITTED.

"

I., J. L., a justice of the peace in and for the county of hereby certify that W. T., peace officer of the county of has, on this day of in the year by virtue of and in obedience to a warrant of J. S., Esquire, a justice of the peace in and for the county of produced before me one A. B., charged before the said J. S., with having (etc., stating shortly the offence), and delivered him into the custody of by my direction, to answer to the said charge, and further to be dealt with according to law, and has also delivered unto me the said warrant, together with the information (if any) in that behalf, and the deposition (s) of C. D. (and of ), in the said warrant mentioned, and that he has also proved to me, upon oath, the handwriting of the said J. S. subscribed to the same.

Dated the day and year first above mentioned, at said county of

J. L.,

in the

J. P. (Name of county.)

E

C.-(Section 558.)

Canada,

INFORMATION AND COMPLAINT FOR AN INDICTABLE OFFENCE.

Province of
County of

The information and complaint of C. D. of (yeoman), taken this day of

in the

year

"

before the undersigned (one) of Her Majesty's justices of the peace in and for the said county of who saith that (c., stating the offence).

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

J. S.,

J. P., (Name of county.)

D. (Section 560.)

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 (6 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, in the Kingdom of " or, at in the West Indies, or at in the East Indies," or as the case may be.

to wit: at

in the Island of

2

:

Canada, Province of County of

To A. B., of

E-(Section 562.)

SUMMONS TO A PERSON CHARGED WITH AN INDICTABLE

OFFENCE.

:}

(labourer):

Whereas you have this day been charged before the undersigned justice of the peace in and for the said county of