106. Whenever it appears by any conviction, made by a justice of the peace, that the defendant or accused has appeared and pleaded, and the merits have been tried, and the said defendant or accused has not appealed against the conviction, where an appeal is allowed, or, if appealed against, the conviction has been affirmed, such conviction shall not afterwards be set aside or vacated in consequence of any defect of form whatsoever, but the construction shall be such a fair and liberal construction as the ends of justice in the case permit of.
R. S. 1964, c. 35, s. 100.