mittance cannot otherwise be obtained (). Nor is there any immunity from arrest in cases of the description just mentioned, even in the night time; nor from being arrested on a Sunday (1). 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 (m); 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 whatever, 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 offering the same, together with such property (n).

person

A warrant from the chief or other justice of the Queen's Bench Division of the High Court of Justice 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 there executed (o). Formerly, regularly speaking, there ought to

(k) 1 Chit. Cr. L. 49. See Rawlins v. Ellis, 16 Mee. & W. 172.

(7) See 29 Car. 2, c. 7, s. 6, and Rawlins v. Ellis, ubi sup.

(m) 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 (n) Re-enacting 7 & 8 Geo. 4, c. 29, s. 63, which was repealed by 24 & 25 Vict.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 special provisions for the search of stolen property will be found in the Pawnbrokers Act, 1872 (35 & 36 Vict. c. 93), as to which vide sup. vol. II. p. 78.

(0) 4 Bl. Com. p. 291. The re

port of the Criminal Code Bill Commission points out (p. 34) that the practice of requiring warrants to be backed had its origin at a period when constables were parish officers unknown beyond their immediate neighbourhood, and that since the general introduction of county police (as to which vide sup. vol. 1. p. 657) the system of backing has become a useless and sometimes mischievous formality,-"useless, because it can "be no protection against a forged

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 or Wales may be backed, not only in another English county or place, but in Scotland, Ireland, or the Channel Islands, or vice versâ (0).

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, as a person capable of "forging a warrant would not hesi"tate to commit perjury by swear

ing to its signature: mischievous, "because it often causes delay which "enables criminals to escape."

(0) And see 11 & 12 Vict. c. 43, s. 3; 42 & 43 Vict. c. 49; and 44 & 45 Vict. c. 24, as to backing warrants in cases of summary conviction. We may also notice here some other enactments of a character somewhat analogous to backing warrants. Thus by 44 & 45 Vict. c. 69, 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 versâ, as to the apprehension, in those dominions, of persons so offending in the united kingdom. Again, 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 State has entered into an arrangement with her majesty with respect to the surrender to such State of fugitive criminals, the enactments of the Extradition Acts shall be made to apply to such State by order in council. But no fugitive criminals shall be surrendered for offences of a political character. Arrangements for mutual surrender of fugitive criminals, at present exist with Austria, Belgium, Denmark, France, Germany, Italy, Switzerland, and the United States. As to the construction of the Extradition Act, 1870, see In re Counhaye, Law Rep., 8 Q. B. 410; The Queen v. Wilson, ib. 3 Q. B. D. 42; R. v. Ganz, ib. 9 Q. B. D. 93; R. v. Weil, ib. 701. Some earlier statutes on this subject (viz., 6 & 7 Vict. cc. 75, 76; 8 & 9 Vict. c. 120; 25 & 26 Vict. c. 70; and 29 & 30 Vict. c. 121) are now repealed.

(p) 1 Hale, P. C. 86.

[warrant (g); 4. The constable (or peace officer), 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 any 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 constable may, without warrant, arrest the party so charged or suspected (s); and he will (in case of felony, though not, unless protected by statute, in misdemeanor) be justified in doing so, though it should afterwards turn out that the party is innocent, or even that no such offence as was supposed had been in fact committed (t). He is also authorized in such cases as these, 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 of the various felonies provided against by either of those Acts; and he must take such person as soon as reasonably

(2) Jervis on Coroners, 21.
(r) Vide sup. vol. II. p. 654.

(8) The Report of the Criminal Code Bill Commission suggests (p. 34) that warrants and summonses should not be refused by a magistrate merely because the alleged offender may be arrested without warrant; and adds that such (it is believed) expresses the spirit, though it is not to be found in the letter, of the present law. "We "are, however, informed that some

on

"justices take a different view, and "refuse in cases of felony to issue "either a warrant or a summons, "leaving the person applying for "one to arrest the alleged offender his own responsibility." (Ib.) (t) See Davis v. Russell, 5 Bing. 354; Fox v. Gaunt, 3 B. & Ad. 798; Hogg v. Ward, 3 H. & N. 417; Griffin v. Coleman, 4 H. & N. 265; Galliard v. Laxton, 2 B. & Smith, 363.

may be before a justice of the peace, to be dealt with according to law (u). 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 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 (r).

Again, there are cases in which, either at common law, or else by the provisions of some statute, arrests without warrant are justifiable, whether the arrester be a peace officer or not. Among these it may be instanced (for a complete enumeration would be beyond our limits) that any private person (and à fortiori a peace officer), who

(u) 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 assaults,-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, 61,

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.

(v) 34 & 35 Vict. c. 112, s. 7. The constable, however, must satisfy the court before whom he brings his prisoner, that the circumstances were such as to justify the arrest without a warrant. (Ib.)

is present when any felony is committed, is bound by the law to arrest the felon, on pain of fine and imprisonment, if he negligently permit him to escape (e). So any person may also apprehend another whom he shall find committing any indictable offence, by night (x); or whom he finds 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 (whether a peace officer or not) may, without warrant, not only in the case of any felony committed in his presence, justify breaking open doors in pursuit of the offender; but may also arrest any one for felony on probable suspicion (z). But there is this distinction between the case of the peace officer, and that of a private person; that the former (as we have seen) is protected though it should turn out that no such felony as supposed had been in fact committed by any one, (provided he can show that he had reasonable ground for suspecting the party

(e) Hawk. P. C. b. 2, c. 12.

(x) 14 & 15 Vict. c. 19, s. 11. As to the expression "found committing," see Downing v. Capel, Law Rep., 2 C. P. 461; R. v. Phelps, C. & M. 180.

(y) See 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, who is not able to give a satisfactory account of himself.

(-) 2 Hale, P. C. 78.