Effect of variance or defect in proceedings

(1) In any cause in the court, no variance between the complaint, or summons, or warrant and the evidence adduced in support thereof as to the time at which the cause of complaint is alleged to have arisen shall be deemed material, if it is proved that the complaint was in fact made within the time limited by law for making it, and no variance between the complaint, or summons, or warrant and the evidence adduced in support thereof as to the place in which the cause of complaint is alleged to have arisen shall be deemed material. (2) No objection shall be taken or allowed, in any proceeding in the court, to any complaint, summons, warrant or other process for any alleged defect therein in substance or in form, or for any variance between any complaint or summons and the evidence adduced in support thereof, Provided that if any variance or defect mentioned in this section appears to the court at the hearing to be such that the defendant has been thereby deceived or misled, the court may make any necessary amendments and, if it is expedient to do so, adjourn, upon such terms as it thinks fit, further hearing of the cause. 73 Proof of service or process.