prevent a probable felony, (2 Hale, 88; or, according to Dalton, c. 116, § 3) even a probable battery or assault.

Watchmen, who are appointed by the statute of Winchester (13 Edw. I.) to keep watch and ward in all towns, from sunsetting to sun-rising, or such as are mere assistants to the constable, may arrest all offenders, and particularly nightwalkers and disorderly persons, and commit them to custody till the morning.-2 Hale, 98.

By 4 & 5 V., c. 25, § 55, any person found committing any offence punishable by indictment, or upon summary conviction under this act, may be apprehended without a warrant by any peace officer, or the owner of the property. The 4 & 5 V., c. 26, § 28, contains a similar provision for offences under that act.

By private persons.

Any private person, who is present when any felony is committed, is bound by the law to arrest the felon, on pain of fine and imprisonment if he escape through his negligence. -2 Haw. 74.

So where an indictment is found against a party, a private person may arrest the offender.-Dalt. c. 170, § 5; 1 Haw. c. 28, § 12; 1 East. P. C. 301.

A private person may arrest any suspicious night-walker, or a common cheat, in order to take him before a justice.1 Jones, 249; Cro. Car. 274; 2 Rol. Ab. 546.

By 18 V., c. 92, § 40, (the criminal law amendment act) it is enacted that it shall be lawful for any person whatsoever to apprehend any person who shall be found committing any offence against the provisions of this act, or any indictable offence in the night, and to convey him, or deliver him to some constable or other person in order to his being conveyed as soon as conveniently may be, before a justice of the peace, to be dealt with according to law.

The manner of making an Arrest.

The party arrested should have due notice of the officer's authority.-1 Hale, 458, 470; 1 Haw. c. 31, § 49, 50; Fost. 310; Kel. 136.

But otherwise, if the officer and his business be known.Mackally's case, 9 Co. 59; Pew's case, Cro. Car. 183. And this will apply as well to a special bailiff as to a known officer.-2 Russ. 787.

After a due notification to the party, a bailiff juratus et cognitus (sworn and known) acting in his own district, need not shew the warrant by which he is constituted bailiff-1

Hale, 458, 461, 583; 9 Co. 69; Gordon's case, 1 East. P.C. 315: or, as it seems, the particular warrant directed to him to execute.-1 East. P. C. 315.

But if he acts out of his precinct, and is not sworn, or commonly known, he must then shew his warrant, if demanded. -Hale, 459; Fost. 320.

If a constable has no authority, a notification of his authority becomes more essential. In this case, it seems that the production of his staff of office, or any other known ensign of authority, will be sufficient.-1 Hale, 406, et seq.; Fost. 310; Kel. 66, 115; 1 Russ. 738.

An arrest in the night is good, both at the suit of the king and of the subject, in order to prevent the escape of the party.-9 Co. 66.

Bare words will not make an arrest, without laying hold on the person, or otherwise confining him. But if an officer comes into a room, and tells the party he arrests him, and locks the door, this is an arrest.-1 Sa. 79; 2 Haw. 129; Cas. temp. Hard. 301.

Doors and windows may be broken open if necessary, in order to make an arrest under a magistrate's warrant, or any other criminal process: but in this case, the officer must first signify to those in the house the cause of his coming, and request admittance.-2 Haw. 86; 1 Hale, 459; 2 Hale, 117; Dalt. c. 169; Fost. 320; 1 East. P. C., 315.

And as an officer may break open a man's own house, so may he break open the house of a stranger, in order to take him; but the party must be there-if not, the officer will be a trespasser-2 Hale, 117-unless acting under a magistrate's

warrant.

Where one is known to have committed a treason or felony, or to have given another a dangerous wound-then, if pursued by an officer, or even a private person, with or without warrant, doors may be broken to apprehend him.-1 Hale, 459; 2 Haw. c. 13, §7; Fost. 320.

Upon any process of contempt from courts of justice, the officer charged with the execution of such process may break open doors if necessary to execute it.-Burdett v. Abbot, 14 East. 157.

So the like may be done upon a capias ut lagatum, a capias pro fine, or upon an habere facias possessionem; or where a forcible entry or detainer is found by inquisition, before justices of the peace, or appears upon their view.2 Haw. c. 14, § 6; 4 Com. Dig., title Forcible Entry (D. 6.) Or, on the warrant of a justice for levying a penalty on a conviction grounded on any statute, which gives the whole

or any part of such penalty to the king.-2 Haw. c. 14, § 5. But in this case the officer, if required, must shew the warrant, and suffer a copy to be taken.-27 G. II., c. 20.

So when there is an affray in a house, in the view or hearing of the constable, and manslaughter or bloodshed is likely to ensue, he may break open doors to keep the peace.-2 . Hale, 95; 1 Haw. 137; 2 Haw. 87.

So if there be a disorderly drinking or noise in a house, at an unreasonable time of night, especially in inns, taverns or ale-houses, the constable or his watch (demanding entrance and being refused) may break open the doors, to see and suppress the disorder.-Hale, 95.

So wherever a person escapes from a lawful arrest, and shelters himself in a house, the officer may break open doors to retake him, whatever the cause of arrest may have been. -2 Haw. 78. But if it be upon a fresh pursuit, the officer (it seems) should have a warrant.-1 East. P. C. 324.

And in any of the above cases, where the officer enters a house, and the doors are locked upon him to prevent his egress, he may break them open to regain his liberty.-1bid.

What is to be done after making an Arrest.

When the arrest is by warrant, the officer who has made it should forthwith bring the party before a magistrate, according to the direction of the warrant. If the warrant be to bring the defendant before any justice of the county, then the officer may bring him before what justice he thinks fit; for the defendant himself has no election in the matter.1 Hale, 582; 16. 112.

If the time be unseasonable, as, in or near the night, whereby he cannot attend the justice; or if there be danger of a present rescue; or if the party be sick-then the constable may keep the party in a house, or any place of security, till the next day, or such time as it may be reasonable to bring him.-2 Hale, 120.

And after the officer has brought him to a justice, yet he is still in custody till the justice discharge, or bail, or commit him.-Ibid.

But the constable need not return the warrant itself, but may keep it for his own justification, in case he should be questioned for what he has done upon it.-Ld. Raymond, 1196.

For forms of warrants see "Indictable Offences," "Summary Conviction."

ARSENALS.

See "King's Stores."

ARSON.

Arson, at common law, means the malicious and wilful burning of a house, or out-house, of another man; and being an offence of very great malignity, was always considered of the degree of felony.-1 Haw. 105.

By Statute.

The statutes relating to this offence are the 23 H. VIII., c. 1; 25 H. VIII., c. 3; 4 & 5 Ph. M., c. 4; 22 & 23 C. II., e. 7; all of which are now obsolete.

By stat. 6 Anne, c. 31, if any servant through negligence or carelessness shall set fire to any dwelling house, he shall forfeit £100, and in default of payment be committed to hard labour for eighteen months.

And now by stat. 4 & 5 V., c. 26, § 2, whosoever shall unlawfully and maliciously set fire to any dwelling-house, any person being resident therein, shall be guilty of felony, and being convicted thereof shall suffer death. § 3. Whosoever shall unlawfully and maliciously set fire to any church, chapel, or meeting house for religious worship; or any house, out-house, ware-house, office, shop, mill, malt-house, hop-oast, barn or granary, or to any building or erection used in carrying on any trade or manufacture or any branch thereof, whether the same or any of them shall then be in the possession of the offender, or in the possession of any other person, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be imprisoned at hard labour in the provincial penitentiary for life, or for any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years. § 17. Whosoever shall unlawfully and maliciously set fire to any stack of corn, grain, pulse, peat, coal, charcoal, or wood, or any steer of wood, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be imprisoned at hard labour in the provincial penitentiary for the term of his natural life, or for any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years.

By 10 & 11 V., c. 5, § 1, destroying or damaging any dwelling house by the explosion of gunpowder, or other explosive substance, is made felony.-See post title "Explosive Sub

stance."

By 12 V., c. 20, setting fire to any school-house, lectureroom, seminary of learning, college, or building used for the purpose of education, or any village, town or city hall, or to

any railroad station house, steam or fire-engine house, or tollbooth, or any other building used or employed as a mechanics' institute or as a public library, or to any hall or building used by any body or society of persons by whatever name or designation they may be known, and whether they are associated for educational, plilanthropic or benevolent purposes, or for any other lawful purpose, or to any museum or repository of curiosities, shall be felony, and the offender liable to imprisonment in the penitentiary for his natural life, or for any term not less than three years, or to imprisonment in any other prison for any term not exceeding two years.

By 18 V., c. 92, § 34, if any person shall wilfully and maliciously set fire to any station-house, engine-house, warehouse, or other building belonging or appertaining to any railway, lock, canal, or other navigation, or to any goods or chattels being in any building, the setting fire to which is made felony by this or any other act of parliament, every such offender shall be guilty of felony, and shall be liable to be punished as in the next preceding section of the act is mentioned.

§ 35. If any person shall unlawfully and maliciously set fire to any stack of corn, grain, pulse, straw, hay, coals, charcoal or wood, he shall be guilty of felony, and upon conviction, liable to be imprisoned in the provincial penitentiary for a period not less than two, nor more than five years.

For forms, see "Indictable Offences."

ARTICLES OF THE PEACE.

Whenever a person has just cause to fear that another will burn his house, or do him or his wife or children a corporal hurt, or unlawfully imprison any of them, or that he will procure others to do so, he may exhibit articles of the peace against the person from whom he apprehends such mischief, either in the Court of Chancery or Queen's Bench, or before a justice of the peace; and such court or justice is bound to require the party to find securities to keep the peace towards the exhibitant, upon the latter making oath that he is actually under such fear from the other person, and that he has just cause to be so, and that he does not require such surety out of malice or vexation.-1 Haw., c. 60, § 6, 7.

And all persons whatsoever under the Queen's protection, subjects or aliens, have a right to demand surety of the peace.

A wife may demand it against her husband, and a husband against his wife.-1b. § 2, 4.