the day of appearance, allowing a sufficient time for the attendance of the party and his witnesses.-1 Str. 261.

It should also express a certain place at which the party is to appear.-Ibid. 46.

If the magistrate proceeds in the defendant's absence upon a summons defective in these particulars, he is liable to an information in the King's Bench.-Ibid.

In general the service of the summons must be personal. -10 Mod. 344.

But with respect to many offences, a service at the dwelling-house is made sufficient by the act of parliament which authorizes a summary conviction.

And in such cases, leaving a copy at the dwelling-house with a servant is sufficient.-14 East, 267.

Upon the defendant's appearance he ought to be called upon to plead.—1 T. R. 320.

And the magistrate then proceeds to examine one or more witnesses (as the statute may require) in support of the charge.

The witnesses must be examined in all cases upon oath. 4 B. & A. 616; 4 Dow. & Ry. 83.

And the witnesses must be sworn and examined (when the defendant appears) in his presence.-2 Burr. 1163.

The conviction is to be made in writing.-4 Bl. C. 283. Upon conviction, the course in general is to issue a warrant to apprehend the offender, in case corporal punishment is to be inflicted; or else to levy the penalty incurred, by distress and sale of his goods.-Ibid.

If it happens that the statute only gives a power to convict, without making provision for the recovery of the penalty, there seems to be no means of carrying the law into effect.--4 Bl. C. 283, n. (4) by Ryland.

When the magistrate is empowered by the statute to issue his warrant, on refusal or neglect of payment in a certain number of days, it seems that no demand is necessary after the expiration of the time and before the warrant issues.-6 East, 75.

The warrant should be under the hand and seal of the

magistrate, and directed to the constable of the parish. where the seizure is to take place.-4 Bl. C. 283, n. (4) by Ryland.

In general it should appoint a time and place for returning it.-Ibid.

The constable is the proper officer to execute it.-~Carth. 78.

And he is indictable for refusal or wilful neglect.-Fort. 127.

If the warrant be directed to all constables generally, no particular constable can execute it out of his own district; but if directed to a particular constable by name, he may execute it anywhere within the jurisdiction of the magistrate.-2 Dow. & Ry. 444; 1 Barn. & Cres. 288.

If the offender be a feme covert, the goods of the husband cannot be distrained for the penalty.-11 Rep. 61 b.

The constable cannot break open outer doors for the execution of the warrant, except the forfeiture, or a part of it, belongs to the king.-2 Hawk. c. 14, s. 5; 1 Barn. & Ald. 227.

The method of summary proceedings before a justice or justices of the peace is in general as above stated, but for particulars, recourse must be had to the particular statute which creates the offence, and defines the mode of proceeding upon it.

And see the following statutes, prescribing the mode of proceeding on summary conviction in certain classes of offence: 7 & 8 Geo. IV. c. 53; 3 & 4 Will. IV. c. 53, s. 78, (acts relating to excise and customs); 10 Geo. IV. c. 44, and 3 Will. IV. c. 19, (acts for improving the police of the metropolis); 7 & 8 Geo. IV. c. 29, s. 65, (act for consolidating the laws relative to larceny and offences connected therewith); 7 & 8 Geo. IV. c. 30, s. 29, (act for consolidating the laws relative to malicious injuries to property); 7 & 8 Geo. IV. c. 31, s. 8, (act for consolidating the laws relative to remedies against the hundred); 9 Geo. IV. c. 31, s. 33, (act for consolidating the statutes relative to offences against the person).

An action on the case may be brought against a justice of the peace for a malicious conviction without probable cause.-5 Taunt. 580.

3. Attachment for Contempt of Courts.

Such contempts may be committed

By inferior judges and magistrates in acting unjustly, &c., or disobeying the king's writs of prohibition, certiorari, &c. -4 Bl. C. 284.

By sheriffs, bailiffs, gaolers and officers, in abusing the process of the law.-Ibid.

By attornies and solicitors, in malpractice.--Ibid.

By jurymen, in misconduct in the discharge of their office.-Ibid.

By witnesses, in making default when summoned, refusing to be sworn or examined, or prevaricating.-Ibid. By parties to suits, in disobedience to rules or orders of the courts.-Ibid.

Or by other persons, in rescues and the like; disobedience to the king's writs; treating his writ or the rules of the court with disrespect; perverting process to oppressive purposes; speaking or writing contemptuously of the courts or judges in their official capacity; printing false accounts of causes depending: rude and contumelious behaviour, or breach of the peace, in the face of the court, and the like. -Ibid.

For all such offences the superior courts have power to proceed in a summary way.-Ibid. 286.

If the contempt be committed in the face of the court, the offender may be instantly apprehended and imprisoned at discretion of the judges, without further proof or examination.-Ibid.

But in matters which arise at a distance, if the judges, on application, supported by affidavit, see sufficient ground to suppose that a contempt has been committed, they either make a rule to show cause why an attachment should not issue, or, in very flagrant cases, an attachment issues in the first instance.-Ibid.

This process is to bring the party into court; and when

there, he must either stand committed, or put in bail, to answer on oath to interrogatories to be administered to him touching such contempt.-Ibid. 287.

His confession of the contempt will in general not avail to save him from the necessity of answering the interrogatories.-4 Burr. 2105; 1 W. Bl. 637.

If he wilfully and obstinately refuses to answer, or answers evasively, his contempt is aggravated, and his punishment will be increased.-4 Bl. C. 287.

If in his answer he clears himself, he is discharged. Otherwise, the court proceeds to correct him by fine or imprisonment, or both, and sometimes by corporal punishment. - Ibid.

In courts of equity, after the party in contempt has answered the interrogatories, his answers may be contradicted and disproved by affidavits of the adverse party; but in the courts of law this is not allowed, and if the party in contempt clears himself by his answers, the complaint is totally dismissed. Ibid. 288.

And on the practice of attachment in general, see 1 Tidd, 484, (8th ed.)

Such is the course of proceeding upon actual contempts; but when an attachment issues for that sort of constructive contempt which consists in not obeying a rule or order of the court, made in the course of a cause, for payment of costs, performance of an award, or the like, this is looked upon rather as a civil execution than a criminal process, and upon such attachments, therefore, the mode of proceeding is different from that above described. Upon these, no interrogatories are administered, nor is any punishment inflicted; but upon non-payment of the money, &c. the party is committed to prison for satisfaction of the demand, as in any other case of civil debt. And to this latter species of attachment, persons having privilege of parliament are not liable, though they are liable to attachment for an actual contempt. But by 10 Geo. III. c. 50, obedience to any rule of court may be enforced against persons having privilege of parliament, by the process of distress infinite.

CHAPTER XIX.

OF ARRESTS.

ARREST is the apprehending of the person, in order that the party may be forthcoming to answer an alleged or suspected crime.-4 Bl. C. 289.

1. Arrest by Warrant.

A warrant may be granted in extraordinary cases by the privy council or secretaries of state; by the speaker of the House of Commons or Lords; by justices of gaol delivery or oyer and terminer; by justices at sessions; or by a judge of the Court of King's Bench: but warrants are most usually issued by a single justice of the peace.-Ibid. 290, and 1 Chitty's Cr. Law, 34.

But to avoid the trouble

At common law a judge of the King's Bench may issue a warrant in his own name into any county of England or Wales for the apprehending and bringing before him any persons touching whom oath is made of a felony committed, or of suspicion of felony. of bringing up the party, the judges of the King's Bench, when they issue warrants, usually direct the party to be apprehended and brought before some justice of the peace near adjoining, to be proceeded against according to law. Ibid. 36.

By 48 Geo. III. c. 58, whenever any person shall be charged with any offence for which he may be prosecuted by indictment or information in the King's Bench, (not being treason or felony,) any judge of the same court may issue his warrant under his hand and seal to apprehend him, and take sureties for his appearance in the same court.

A justice of the peace has power to issue warrants in all treasons, felonies and breaches of the peace, for which the party is punishable with corporal punishment, within the