or more justices of the peace,-alleging that any person has committed, or is suspected to have committed, any treason or other felony, or any indictable misdemeanor or offence whatsoever, within the limits of their jurisdiction; or that any person who has committed, or is suspected to have committed, such offence out of their jurisdiction (h), resides or is, or is suspected to reside or be, within the same:-then, (if the party shall not be already in custody,) such justice or justices may issue a warrant for his apprehension; and may cause him to be brought before them, or some other justice or justices of the same county or place, to answer the charge or complaint, and to be dealt with according to law; or they may, at their discretion, issue a summons, in the first instance,-in lieu of a warrant,-and forbear to proceed by warrant until the summons has been disobeyed. But there is this distinction; that where a warrant in the first instance is applied for, it must be grounded on an information or complaint in writing, and upon oath; but where only a summons, the information or complaint may be by parol, and no oath is necessary. The form of the warrant is prescribed by the statute itself; and a warrant properly penned, even though the magistrate who issues it should exceed his jurisdiction, will by statute 24 Geo. II. c. 44, at all events indemnify the officer who executes the same ministerially (i). On the other hand, when a warrant is received by the officer, he is bound to execute it so far as the jurisdiction of the magistrate and himself extends (k); and he may break open doors, in order to execute it, in case of treason, felony, or actual breach of the peace, provided, on demand, admittance cannot (h) 11 & 12 Vict. c. 42, s. 1. By sect. 2 this extends to offences committed within the jurisdiction of the Admiralty, or on land beyond the scas;-provided the case be one for which an indictment may legally be (i) 4 Bl. Com. p. 291. otherwise be obtained (1). Nor is there any immunity from arrest in cases of that description, even in the night time; nor from arrest for any indictable offence whatever, on Sundays (m). A justice of the peace may also issue a warrant, not only to apprehend a person suspected of felony, but to search his premises for goods alleged to be stolen; and by 24 & 25 Vict. c. 96, s. 103, if any credible witness shall, upon oath, prove before him a reasonable cause to suspect that any person has in his possession, or on his premises, any property whatsoever, in respect to which any offence punishable under that Act shall have been committed,-the justice may grant a warrant to search for such property, as in the case of stolen goods: and any person to whom any such property shall be offered to be sold, pawned, or delivered, is required, (if in his power,) to apprehend and carry before a justice of the peace the person offering the same, together with such property (n). [A warrant from the chief or other justice of the Queen's Bench extends all over the kingdom; and is tested, (or dated,) England; not Oxfordshire, Berks or other particular county. But the warrant of a justice of the peace in one county, as Yorkshire, must be backed, that is, indorsed by a justice of the peace in another, as Middlesex, before it can be executed there.] Formerly, regularly speaking, there ought to have been a fresh warrant in every fresh county, but the practice of backing warrants had long prevailed without law, and was at last authorized by statutes; of which the most recent are the 11 & 12 Vict. c. 42, and the 14 & 15 Vict. c. 55, s. 18. By these statutes a warrant issued in England (7) 1 Chit. Cr. L. 49; Rawlins v. Ellis, 16 Mee. & W. 172. (m) 29 Car. 2, c. 7, s. 6, and see 11 & 12 Vict. c. 42, s. 4. (n) Re-enacting 7 & 8 Geo. 4, c. 29, s. 63, which was repealed by 24 & 25 Vict. c. 95. Some particular provisions for the search of property suspected to have been illegally pawned will be found in the 35 & 36 Vict. c. 93, as to which vide sup. vol. II. p. 81. or Wales may be backed, not only in another English county or place, but in Scotland, Ireland, or the Channel Islands, or vice versâ (9). Secondly. [Arrest by officers without warrant, may be executed, 1. By a justice of the peace, who may himself apprehend, or cause to be apprehended, by word only, any person committing a felony or breach of the peace in his presence (p); 2. The sheriff; and, 3. The coroner, who may apprehend any felon within the county, without warrant (q); 4. The constable, of whose office we formerly spoke, and who hath great original and inherent authority with regard to arrests (r). He may, without warrant, arrest any one for a treason, felony, or breach of the peace committed in his view, and carry him before a justice of the peace.] So upon a reasonable charge of treason, or felony,-or of a dangerous wounding, whereby felony is likely to ensue,—or, upon his own reasonable suspicion that any of such offences have been committed, the con (0) And see 11 & 12 Vict. c. 43, s. 3, as to backing warrants in cases of summary conviction. We may also notice here other enactments of a character somewhat analogous. By 6 & 7 Vict. c. 34, (amended by 16 & 17 Vict. c. 118,) provisions are made as to the apprehension, in the united kingdom, of persons committing treason and felony in any of her majesty's dominions out of the united kingdom. And vice versa, as to the apprehension, in those dominions, of persons so offending in the united kingdom. Moreover, by 33 & 34 Vict. c. 52, the "Extradition Act, 1870," and 36 & 37 Vict. c. 60, the "Extradition Act, 1873," (Acts passed in order to facilitate the delivering up of criminals taking refuge in England, to the state of which they are the subjects,) it is enacted, that where any foreign (p) 1 Hale, P. C. 86. stable may, without warrant, arrest the party so charged or suspected; and he will be justified in doing so though it should afterwards turn out that the party is innocent, or even that no such offence has been in fact committed (s), He is also authorized in these cases, as well as upon a justice's warrant, to break open doors. Moreover, under the provisions of 24 & 25 Vict. cc. 97, 100, (relating respectively to malicious injuries to property and to offences against the person,) a constable may take into custody, without a warrant, any person whom he shall find lying or loitering in any highway, yard or other place during the night, and whom he shall have good cause to suspect of having committed, or of being about to commit, any felony mentioned in either of those Acts; and he must take such person as soon as reasonably may be before a justice of the peace, to be dealt with according to law (†). So by 27 & 28 Vict. c. 47, s. 6, he may so arrest and deal with any person who having been sentenced to penal servitude holds a licence to be at large, and is reasonably suspected by him to have committed any offence or broken any of the conditions of such licence. So, also, by the Prevention of Crime Act, 1871 (34 & 35 Vict. c. 112,) he is enabled thus to arrest (if authorized by the chief police officer of his district) any person whom he has reasonable grounds for believing to be getting his livelihood by dishonest means, or (even without such special (s) See Hogg v. Ward, 3 H. & N. 417; Griffin v. Coleman, 4 H. & N. 265. See also Galliard v. Laxton, 2 B. & Smith, 363. (t) Moreover, within the metropolitan police district, a constable may take into custody without warrant, any person whom he may find, between sunset and the hour of eight in the morning, loitering or lying about and unable to give a satisfactory account of himself,-or any person charged with aggravated as saults, or any person whose address cannot be ascertained, whom he shall find offending against the metropolitan police Acts. (See 10 Geo. 4, c. 44; 2 & 3 Vict. c. 47, ss. 36, 64, 65; 17 & 18 Vict. c. 33, s. 1.) The metropolitan police district embraces the whole county of Middlesex, and all other parishes or places within fifteen miles of Charing-cross,—with the exception of the City of London, which maintains a separate police establishment. authority) who is found in any place, public or private, under circumstances that show that he was about to commit or was waiting for an opportunity to commit some offence; or who is found in any house or in such other situations as are specified in the above Act, without being able to account satisfactorily for his being so found (u). Again, any private person (and à fortiori a peace officer), who is present when any felony is committed, is bound by the law (without warrant) to arrest the felon, on pain of fine and imprisonment, if he negligently permit him to escape (v). And any person may also, by 14 & 15 Vict. c. 19, s. 11, apprehend one whom he finds committing any indictable offence, by night (x): or committing any of the larcenies and similar offences punishable under the 24 & 25 Vict. c. 96 (either upon indictment or summary conviction), except only the offence of angling in the day time; and he may carry such offender and the property (if any) found on him to a neighbouring justice, by him to be dealt with according to law. Again, by 24 & 25 Vict. c. 97, s. 61, any person found committing any malicious injury or other offence against that Act may be immediately apprehended, and carried to a justice, without warrant, either by a peace officer, or by the owner of the property injured, or his servant, or other person authorized by the owner (y). And, by 24 & 25 Vict. c. 99, s. 31, any person may apprehend any one whom he shall find committing any offence relating to the coin or other offence against that Act, and deliver him up to some peace officer. Moreover, at common law, any person (u) 34 & 35 Vict. c. 112, s. 7. The constable, however, must satisfy the court of summary jurisdiction before whom he brings his prisoner, that the circumstances were such as to justify the arrest without a warrant. Ib. (v) Hawk. P. C. b. 2, c. 12. () As to the expression "found committing," see Downing v. Capel, Law Rep., 2 C. P. 461. (y) Sce also 34 & 35 Vict. c. 112, s. 7, giving a similar power under certain circumstances to the owner of the premises (or his servants) on which a person is found, not able to give a satisfactory account of himself. |