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, 7 & 8 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 law.

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, and may also (if it shall so think fit) fine the offender, and require him to find sureties for keeping the peace.

By sect. 23, if any person shall arrest any clergyman 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

court is hereby authorised and empowered, in any of the cases aforesaid, to order the sheriff of the county in which the offence shall have been committed to pay to the person or persons who shall appear to the court to have been active in or towards the apprehension of any person charged with any of the said offences, such sum or sums of money as to the court shall seem reasonable and sufficient to compensate such person or persons for his, her or their expenses, exertions and loss of time in or towards such apprehension; and when any person shall appear to any court of sessions of the peace to have been active in or towards the apprehension of any party charged with receiving stolen property, knowing the same to be stolen, such court shall have power to order compensation to such person, in the same manner as the other courts hereinbefore mentioned: Provided always that nothing herein contained shall prevent any of the said courts from also allowing to any such person, if prosecutors or witnesses, such costs, expenses and compensation as courts are by this act empowered to allow to prosecutors and witnesses respectively.

By sect. 29, the order for payment is to be made out by the proper officer, and the sheriff is authorised to pay at sight, and to apply for repayment to the Treasury.

By sect. 30, if any man shall happen to be killed in endeavouring to apprehend any person who shall be charged with any of the offences hereinbefore last mentioned, it shall be lawful for the court before whom such person shall be tried to order the sheriff of the county to pay to the widow of the man so killed, in case he shall have been married, or to his child or children, in case his wife shall be dead, or to his father or mother, in case he shall have left neither wife nor child, such sum of money as to the court in its discretion shall seem meet; and the order for payment of such money shall be made out and delivered by the proper officer of the court unto the party intitled to receive the same, or unto some one on his or her behalf, to be named in such order by the direction of the court; and every such order shall be paid by and repaid to the sherid in the manner hereinbefore mentioned.

CHAPTER XX.

OF COMMITMENT AND BAIL.

WHEN an arrest is made, the party arrested should be taken before a magistrate as soon as it can be reasonably done; and when arrested on suspicion, he is not to be detained before he is taken to a magistrate, in order that evidence may be first collected.-1 Chitty's Cr. Law, 59; 6 Dow. & Ry. 623.

The magistrate, when any party under arrest is brought before him, is bound immediately to take the examinations of all concerned, and should also complete them, and dispose of the prisoner, by committing him to prison, holding him to bail, or discharging him, as soon as the nature of the case will permit.-Fost. 142.

He is allowed, however, a reasonable time for the purpose, and may, when necessary, commit him for further examination.-1 Chitty's Cr. Law, 73, 74.

But the detainer must not be for too long a period, and fourteen days has been considered as too long, unless under extraordinary circumstances.—4 Bl. C. 296, note (2) by Ryland; Cro. Eliz. 829.

Trespass will lie against a magistrate for committing a party charged with felony, for re-examination for an unreasonable time, though without any improper motive.—10 B. & C. 28.

If it manifestly appears that no crime was committed, or that if committed, the prisoner is innocent, he must be discharged; otherwise he must be committed to prison, or give bail, that is, put in securities, who, together with himself, become bound for his appearance to answer the charge.-4 Bl. C. 296.

Regularly, in all offences, either against the common law or act of parliament, that are below felony, the offender ought to be admitted to bail, unless it be prohibited, in the particular case, by act of parliament.-4 Bl. C. 298.

But where by any act of parliament the justice is authorised to commit for a time certain, in the nature of an execution, the party is of course not intitled to be bailed.

And when the House of Lords voted the defendant guilty of a breach of privilege, and committed him to prison, the Court of King's Bench refused to discharge him out of custody.-8 T. R. 314.

By 7 Geo. IV. c. 64, s. 1, reciting, inter alia, that it is expedient to define under what circumstances persons may be admitted to bail in cases of felony, and to make better provision for taking examinations, informations, bailments and recognizances, and returning the same to the proper tribunals, it is enacted, that when any person shall be taken on a charge of felony, or suspicion of felony, before one or more justice or justices of the peace, and the charge shall be supported by positive and credible evidence of the fact, or by such evidence as, if not explained or contradicted, shall in the opinion of the justice or justices raise a strong presumption of the guilt of the person charged, such person shall be committed to prison by such justice or justices in the manner hereinafter mentioned. But if there shall be only one justice present, and the whole evidence given before him shall be such as neither to raise a strong presumption of guilt, nor to warrant the dismissal of the charge, such justice shall order the person charged to be detained in custody until he or she shall be taken before two justices at the least; and when any person so taken, or any person in the first instance taken, before two justices of the peace, shall be charged with felony, or on suspicion of felony, and the evidence given in support of the charge shall in their opinion not be such as to raise a strong presumption of the guilt of the person charged, and to require his or her committal, or such evidence shall be adduced on behalf of the person charged as shall in their opinion weaken the pre