P-15 - Summary Convictions Act

Section 26 Disposition versions

1977-12-31

26. (1)  If any one to whom such last-mentioned summons is directed does not appear at the time and place appointed thereby, and no just excuse is offered for such non-appearance, then, after verbal proof, upon oath or affirmation, by the person who has made the service, or on the production of his affidavit attesting that such summons has been served as aforesaid, or that the person to whom the summons is directed is keeping out of the way to avoid service, and if the justice of the peace, before whom such person ought to have appeared, be satisfied by proof on oath that such person is likely to give material evidence, he may issue a warrant, under his hand, to bring such person at a time and place, to be therein mentioned, to testify before him or any other justice of the peace.

(2)  The warrant may be as in form 8.

(3)  Sections 22 and 23 shall apply to the execution of such warrant.

R. S. 1964, c. 35, s. 24; 1970, c. 11, s. 10.