without war rant, as justices, sheriffs, coroners, constables, and watchmen. 24 Geo. II. c. 55. And now, by statute 13 Geo. III. c. 31, any warrant for apprehending an English offender, who may have escaped into Scotland, and vice versa, may be indorsed and executed by the local magistrates, and the offender conveyed back to that part of the united kingdoms in which such offence was committed (4). 2. Arrests by officers, without warrant, may be executed, 2. By officers 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 (1). 2. The sheriff, and 3. The coroner (5) may apprehend any felon within the county without warrant. 4. The constable, of whose office we formerly spoke (m), hath great original and inherent authority with regard to arrests (6). He may, without warrant, arrest any one for a breach of the peace, committed in his view, and carry him before a justice of the peace (7). And, in case of felony actually committed, or a dangerous wounding whereby felony is like to ensue, he may upon probable suspicion arrest the felon (8); and for that pur(1) I Hal. P. C. 86. (m) See vol. I. page 355. (4) A similar provision is made with respect to Ireland, by statute 44 Geo. III. c. 92. (5) Coroners are conservators of the king's peace, and become magistrates by virtue of their election and appointment. This privilege, independently of their mere official duties, they are entitled at this day to exercise; and are empowered to cause felons to be apprehended, as well those that have been found guilty after inquisition, as those suspected of guilt, or present at the death, and not guilty; as also burglars and robbers, in respect of whom no inquisition can be taken; Fitz. Just. 163; Mir. C. 1, § 18; Brit. 6; Lamb. Just. 378; 1 Salk. 347; Jervis on the Office and Duty of Coroners, 21. (6) For a particular account of the power and authority of constables, see Ritson's Constable, c. 4, p. 36 et seq. (7) But he is not justified in taking a person into custody for a mere assault, unless he is present at the time; Coupey v. Henley, 2 Esp. 540. Using loud words in the street, though disorderly, is not an offence for which a party should be taken into custody; Hardy v. Murphy, 1 Esp. 294. If a party be turning towards a wall in a street on a particular occasion, a constable is not justified in collaring him to prevent his so doing; Booth v. Hanley, 2 C. & P. 288. If a constable is preventing a breach of the peace, and any person stands in his way to hinder him from so doing, the constable is justified in taking such person into custody, but not in giving him a blow; Levi v. Edwards, 1 C. & P. 40. (8) An officer may justify an arrest on a reasonable charge of felony, without a warrant, although it afterwards appear that no felony had been committed; but a private individual cannot; Samuel v. Payne, 1 Doug. 359; Beckwith v. Philby, 6 B. & C. 635; 9 D. & R. 487. A private person cannot apprehend another upon a suspicion of felony, for the purpose of taking 3. By a private person without warrant, upon view, or upon probable suspicion of fe Tony committed; [*293] pose is authorized, as upon a justice's warrant, to break open doors, and even to kill the felon if he cannot otherwise be taken; and, if he or his assistants be killed in attempting such arrests, it is murder in all concerned (n) (9). 5. Watchmen, either those appointed by the statute of Winchester, 13 Edw. I. c. 4, to keep watch and ward in all towns from sunsetting to sunrising, or such as are mere assistants to the constable, may virtute officii arrest all offenders, and particularly nightwalkers, and commit them to custody till the morning (0) (10). 3. Any private person, and a fortiori a peace-officer, that is present when any felony is committed, is bound by the law *to arrest the felon; on pain of fine and imprisonment, if he escapes through the negligence of the standers by (p). And they may justify breaking open doors upon following such felon and if they kill him, provided he cannot be otherwise taken, it is justifiable: though if they are killed in endeavouring to make such arrest, it is murder (q) (11). Upon probable suspicion also a private person may arrest the felon, or other person so suspected (r) (12). But he cannot justify breaking open doors to do it; and if either party kill the (n) 2 Hal. P. C. 88, 96. (p) 2 Hawk. P. C. 74. him to the place where a theft was com- (9) Vide ante 180, 184, 200, in (10) Watchmen and beadles have authority at common law to arrest and detain in prison for examination, persons walking in the streets at night, whom there is reasonable ground to suspect of felony, although there is no (q) 2 Hal. P. C. 77. (r) Stat. 30 Geo. II. c. 24. proof of a felony having been committed; Lawrence v. Hedger, 3 Taunt. 14; and watchmen may imprison any person who encourages prisoners in their custody to resist or escape; White v. Edwards, Peake, 89. But where a watchman, authorized under a local Act to apprehend all vagrants, apprehended not the person, but the animal conducted by him, after it had ceased to be a nuisance in the street, it was held that he was not protected from an action; Cook v. Leonard, 6 B. & C. 355; 9 D. & R. 339. (11) Vide ante, 292, note (9). (12) A person observed in the night attempting to commit a felony, may be lawfully detained by any one, without warrant, till he can be carried before a magistrate; Rex v. Hunt, 1R. & M. C. C. 93. Where a felony has ac other in the attempt, it is manslaughter, and no more (s). It is no more, because there is no malicious design to kill: but it amounts to so much, because it would be of most pernicious consequence, if, under pretence of suspecting felony, any private person might break open a house, or kill another; and also because such arrest upon suspicion is barely permitted by the law, and not enjoined, as in the case of those who are present when a felony is committed. cry. 4. There is yet another species of arrest, wherein both 4. By hue and officers and private men are concerned, and that is upon an hue and cry raised upon a felony committed. An hue, from huer, to shout, and cry, hutesium et clamor, is the old common law process of pursuing, with horn and with voice, all felons, and such as have dangerously wounded another (t). It is also mentioned by statute Westm. 1, 3 Edw. I. c. 9, and 4 Edw. I. de officio coronatoris. But the principal statute, relative to this matter, is that of Winchester, 13 Edw. I. c. 1 and 4, which directs, that from thenceforth every county shall be so well kept, that immediately upon robberies and felonies committed, fresh suit shall be made from town to town, and from county to county; and that hue and cry shall be raised upon the felons, and they that keep the town shall follow with hue and cry, with all the town and the towns near; and so hue and cry shall be made from town to town, until they be taken and delivered to the sheriff. And, that such hue and cry may more effectually be made, the *hundred is bound by the same statute, c. 3, to answer for [*294] all robberies therein committed, unless they take the felon, which is the foundation of an action against the hundred (u), in case of any loss by robbery. By statute 27 Eliz. c. 13, no hue and cry is sufficient, unless made with both horsemen and footmen. And by statute 8 Geo. II. c. 16, the constable or like officer, refusing or neglecting to make hue and (s) 2 Hal. P. C. 82, 83. Mirr. c. 2, § 6. (t) Bracton, 1. 3, tr. 2, c. 1, § 1; tually been committed, a private person, acting bona fide, and in pursuit of the offender, upon such information as amounts to a reasonable and probable ground of suspicion, may justify an arrest; Ledwith v. Catchpole, Cald. 291. But he acts at his peril, and is liable to an action, unless he can establish in (u) See vol. III. page 161. proof that the party has actually been cry, forfeits 5.: and the whole vill or district is still in strictness liable to be amerced, according to the law of Alfred, if any felony be committed therein and the felon escapes (13). An institution, which hath long prevailed in many of the eastern countries, and hath in part been introduced even into the Mogul empire, about the beginning of the last century; which is said to have effectually delivered that vast territory from the plague of robbers, by making in some places the villages, in others the officers of justice, responsible for all the robberies committed within their respective districts (w). Hue and cry (x) may be raised either by precept of a justice of the peace, or by a peace-officer, or by any private man that knows of a felony. The party raising it must acquaint the constable of the vill with all the cireumstances which he knows of the felony, and 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; and 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 war (w) Mod. Un. Hist. vi. 383; vii. 156. (13) These statutes are all repealed by 7 & 8 Geo. IV. c. 27, and by the Larceny Act, 7 & 8 Geo. IV. c. 29, § 63, any person found committing any of fence punishable by virtue of that Act, except only the offence of angling in the day time, may be immediately apprehended without a 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 authorized by him, and forthwith taken before a 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 offence shall have been committed, the justice may grant a warrant to search for such property, as in (a) 2 Hal. P. C. 100, 104. 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 authorized, 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, § 28, any person found committing any offence against that Act, may be immediately apprehended, without a warrant, by any peace officer, or the owner of the property injured, or his servant, or any person authorized by him, and forthwith taken before a justice of the peace, to be dealt with according to law. rant of a justice of the peace. But if a man wantonly or maliciously raises an hue and cry, without cause, he shall be severely punished as a disturber of the public peace (y). given for the ap felons. In order to encourage further the apprehending of certain Rewards are felons, rewards and immunities are bestowed on such as bring prehension of them to justice, by divers Acts of Parliament. The statute 4 and 5 W. and M. c. 8 (14) enacts, that such as apprehend a highwayman, and prosecute him to conviction, shall receive a reward of 401. from the public; to be paid to them, or, if *killed in the endeavour to take him, their executors, by the [*295] sheriff of the county; besides the horse, furniture, arms, money, and other goods taken upon the person of such robber; with a reservation of the right of any person from whom the same may have been stolen: to which the statute 8 Geo. II. c. 16 (15), superadds 10%. to be paid by the hundred indemnified by such taking. By statutes 6 and 7 W. III. c. 17, and 15 Geo. II. c. 28, persons apprehending and convicting any offender against those statutes, respecting the coinage, shall, in case the offence be treason or felony, receive a reward of forty pounds; or ten pounds, if it only amount to counterfeiting the copper coin. By statute 10 and 11 W. III. c. 23 (16), any person apprehending and prosecuting to conviction a felon guilty of burglary, housebreaking, horsestealing, or private larceny to the value of 5s. from any shop, warehouse, coach-house, or stable, shall be excused from all parish offices. And by statute 5 Ann. c. 31 (17), any person so apprehending and prosecuting a burglar, or felonious housebreaker, or, if killed in the attempt, his executors, shall be entitled to a reward of 407. (2). By statute 6 Geo. I. c. 23 (18), persons discovering, apprehending, and prosecuting to conviction, any person taking reward for helping others to their stolen goods, shall be entitled to forty pounds. By statute 14 Geo. II. c. 6, explained by 15 Geo. II. c. 34, (19), any person apprehending and prosecuting to conviction such (y) 1 Hawk. P. C. 75. (3) The statutes 4 & 5 W. & M. c. 8; 6 and 7 W. III. c. 17; and 5 Ann. c. 31; (together with 3 Geo. I. (14) Repealed by 7 G. IV. c. 64. (15) Repealed by 7 & 8 G. IV. c.27. (16) Repealed by 7 & 8 G. IV. c. 27, except § 7 & 8. Vide also 7 c. 15, § 4, which directs the method G. IV. c. 64. (17) Repealed by 7 G. IV. |