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search his premises for goods alleged to have been stolen. -1 Chitty's Cr. Law, 54.
By 7 & 8 Geo. IV. c. 29, s. 63, (the larceny act,) if any credible witness shall prove upon oath before a justice of the peace a reasonable cause to suspect that any person has in his possession, or on his premises, any property whatsoever, on or with respect to which any offence punishable either upon indictment or summary conviction 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.
2. Arrests by Officers without Warrant. A justice of the peace may arrest, without warrant, any person committing a felony or breach of the peace in his presence.—4 BI. C. 292.
The sheriff and the coroner may apprehend any felon in the county without warrant.-Ibid.
The constable may, without warrant, arrest any one for any breach of the peace committed in his view, and carry him before a justice of the peace.-Ibid. and 5 Bing. 354.
But not, it seems, for a mere assault not committed in his view.-) Russ. 273; 2 Esp. 540.
It is said, however, that he may carry those before a justice who were arrested by persons present at an affray and by them delivered into his hands.--1 Russ. 274.
So a constable may, without warrant, break open doors to suppress an affray.-- Ibid. 273.
He may arrest, without warrant, on reasonable charge of felony, or of having given a dangerous wound, though it should afterwards appear that no felony or wounding had been actually committed. But a private person cannot justify an arrest under such circumstances.—6 B. & C. 635; 1 Chit. Cr. Law, 22.
He may for that purpose break open doors without warrant, if upon demand of admittance it cannot otherwise be obtained.—4 Bl. C. 292.
He or his assistant may lawfully kill the party so charged, if he escapes or resists so that he can no otherwise be taken.-Ibid.
And if the constable or his assistant is killed in the attempt, and with the intention to oppose him in the execution of his duty, it is murder.—4 Bl. C. 292.
Watchmen and beadles may, virtute officii, arrest all night-walkers and other offenders in the streets at night, and commit them to custody till the morning.-Ibid.
And all those whom there is reasonable cause to suspect of felony, although there is no proof of a felony having been committed.—3 Taunt. 14; Chitty's Burn, “ Arrest."
3. Arrests by Private Persons without Warrant. Any private person that is present when any felony is committed, may, without warrant, arrest the felon.—4 Bl. C. 292.
And may justify breaking open doors upon following him.
And if he kills the felon (provided he cannot otherwise be taken) it is justifiable.-Ibid.
And if the person attempting to arrest is killed, it is murder.-Ibid.
Any person observed in the night attempting to commit a felony may be lawfully detained by a private person, without warrant, till he can be carried before a magistrate.--1 Ryan and Moody, C. C. 93.
A private person may also arrest, without warrant, on reasonable suspicion of felony.-4 Bl. C. 293.
But he acts at his peril in so doing, and is liable to an action, unless he can afterwards prove that a felony had actually been committed by some one, and that there was reasonable ground to suspect the plaintiff.-1 Chitty's Cr. Law, 15, 19; 2 Selw. N. P. 910.
And he cannot justify breaking open doors upon suspicion.—4 Bl. C. 293.
And if either party kill the other in the attempt to do so, it is manslaughter; but no more.-Ibid.
4. Arrest upon Hue and Cry. This is the old common law process of pursuing with horn and with voice all felons, and such as have given a dangerous wound.-4 Bl. C. 293.
It may be raised either by precept of a justice of the peace, or by a peace officer, or by any private man who knows of a felony.-4 Bl. C. 294.
The party raising it should acquaint the constable of the vill with all the circumstances, and with the person of the felon, and thereupon the constable is to search his own town, and raise all the neighbouring vills, and make pursuit with horse and foot.— Ibid.
In the prosecution of such hue and cry, the constable and his attendants have the same powers, protection and indemnification as if acting under the warrant of a justice of the peace.--Ibid.
A constable who has obtained a warrant against a felon may follow him by hue and cry into a different county from that in which the warrant was granted, without getting the warrant backed.--1 Chitty's Cr. Law, 28.
In the absence of the constable, hue and cry may be made without him.-Ibid.
The pursuers under hue and cry, if the offender is actually in a house, are intitled to break open the outer door to secure him, on previous demand of admittance.-Ibid. 30.
Those who join in a hue and cry raised, will be protected, even though it should ultimately appear that no felony has been committed.--Ibid. 29.
But if a man raises the hue and cry wantonly or maliciously, and without cause, he may be severely punished as a disturber of the public peace.-Ibid. and 4 Bl. C. 294.
As to the Law of Arrest in general. In making an arrest the body should be actually touched or confined.--Chitty's Burn, “ Arrest.”
But when an arrest is made on suspicion, the prisoner is not to be handcuffed, unless he has attempted to escape, or it is necessary to prevent his escaping.–6 Dow. & Ry. 623,
By the Larceny Act, 7 & 8 Geo. IV. c. 29, s. 63, any person found committing any offence punishable either upon indictment or summary conviction, by virtue of this act (except only the offence of angling in the day time), may be immədiately apprehended, without warrant, by any
peace officer, or by the owner of the property on or with respect to which the offence shall be committed, or by his servant, or any person authorised by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law. And if any credible witness shall prove upon oath before a justice of the peace a reasonable cause to suspect that any person has in his possession, or on his premises, any property whatsoever on or with respect to which any such offence 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 property shall be offered to be sold, pawned or delivered, if he shall have reasonable cause to suspect that any such offence has been committed on or with respect to such property, is hereby authorised, and if in his power is required, to apprehend and forthwith to carry before a justice of the peace the party offering the same, together with such property, to be dealt with according to law.
By the Malicious Injuries Act, 17 & & Geo. IV. c. 30, s. 28, any person found committing any offence against this act, whether the same be punishable upon indictment or upon summary conviction, may be immediately apprehended, without a warrant, by any peace officer, or the owner of the property injured, or his servant, or any person authorised by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to
As to arrests under the Metropolitan Police Acts, see 10 Geo. IV. c. 44; 3 Will. IV. c. 19.
By the act as to offences against the person, 9 Geo. IV. c. 31, s. 25, when any person shall be charged with and convicted of an assault. upon any peace officer in the due execution of his duty, or any person acting in his aid; or of any assault upon any person with intent to resist or prevent lawful apprehension or detainer of the party assaulting, or of any other person, for any offence, (such conviction being as for a misdemeanor only,) the court may sentence the offender to be imprisoned, with or without hard labour, in the common gaol or house of correction for any term not exceeding two years, ani may also if it shall so think fit) fine the offender, and require bin to find sureties for keeping the peace.
By sect. 23, if any person shall arrest any elergyman upon any civil process while he shall be performing divine service, or shall, with the knowledge of such person, be going to perform the same, or returning from the performance thereof, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall suffer such punishment, by fine or imprisonment, or both, as the court shall award.
By 16 Geo. II. c. 15, and 8 Geo. III. c. 15, persons discovering, apprehending and convicting felons and others being found at large during the term for which they are ordered to be transported, shall receive a reward of £20.
By 7 Geo. IV. c. 64, s. 23, when any prosecutor or other person shall appear on recognizance or subpoena to prosecute or give evidence against any person indicted of any misdemeanor for assault upon a peace officer in execution of his duty, or person acting in his aid, or any neglect or breach of duty as a peace officer, the court may order the payment of costs and expenses, with compensation for trouble and loss of time, whether a bill of indictment be preferred or not; but the expenses or compensation are not to extend to the attendance before the examining magistrate.
By sect. 28, when any person shall appear to any court of oyer and terminer, gaol delivery, or superior criminal court of a county palatine, to have been active in or towards the apprehension of any person charged with murder, or with feloniously and maliciously shooting at, or attempting to discharge any kind of loaded fire-arms at any other person, or with stabbing, cutting or poisoning, or with administering anything to procure the miscarriage of any woman, or with rape, or with burglary or felonious housebreaking, or with robbery on the person, or with arson, or with horse stealing, bullock stealing or sheep stealing, or with being accessary before the fact to any of the offences aforesaid, or with receiving any stolen property, knowing the same to have been stolen, every such