if he be concealed therein and peaceable entrance is denied. 2 H. P. C. 90, 82, and if the felon resists or flies, it is not murder if the constable kill him; and it is said. 11 Mod. 248. that a constable may apprehend without warrant on suspicion of felony, or from the information of others, if there be probable cause. Cromp. J. P. 87, 154. but if he makes himself a party oppressing the party, knowing the charge to be false, he is liable to an action for false imprisonment. 4 Esp. 80. He may commit affrayers to the stocks on his own view, but not if absent. Dalt. c. 1. Cro. Eliz. 375, 376. He may imprison to prevent a felony. Moore, 284. He may take sureties (by obligation but not recognizance) for the peace in his own name, but not otherwise, and may certify it at the sessions. Cromp. J. P. 201. and if one be menaced, he may compel the menacer to find surety or commit him to prison till he do. 4 Inst. 265. Cro. Eliz. 375-6. He may break open a house when entrance is denied, to abate an affray or to suppress disorderly drinking or noise at an unseasonable hour of the night. Hale, P. C. 95. He may imprison one who insults or assaults himself, or opposes him, though verbally, in the execution of his office, and may beat another in his own defence. Cromp. J. P. 131.

If a warrant be directed generally, "to bring before me or some other justice," he may carry the prisoner before what justice he chooses in the county, but not if special. 5 Rep. 596.

Of his Duty.

He is bound to execute the warrants of justices of the peace, and may be indicted for refusing. 2 Haw. c. 10. s. 62.

He must keep in custody a party brought before a justice until he is bailed, committed, or discharged. Cromp. J. P. 201.

He should seize the goods of felons who fly the country, for the King's use. Ibid. He is to aid and assist in the appraisement and sale of goods distrained for rent, and may swear the appraisers. 2 W. and M, Sess. 1, c. 5. He is also to aid landlords in seizing as a distress for rent, goods fraudulently removed to avoid such distress, and may break open a house wherein they are deposited, (oath being first made before a justice of reasonable suspicion of their being there). 11 Geo. II. c. 19.

Where no rate is made for the relief of the poor the quarter sessions may direct the sum assessed for the purposes of the act. 12 Geo. II. c. 29, to be rated and levied by the constable.

He is to execute the warrant of two justices to make a general privy search for vagrants. 17 Geo. II. c. 5.

Constable may seize a stranger guilty of profane cursing and swearing, and carry him before a justice; but if known, he must lay an information. 19 Geo. II. c. 21, s. 3.

When on a warrant indorsed he apprehends an

offender, he is to carry him before the justice who indorsed it, and if the offender find bail, he is to receive the recognizance, examination, &c. and deliver them to the clerk of the assize or clerk of the peace of the county where such offender is required to appear; and if the offender is not bailed, he is to carry him before a justice of the county where the offence was committed. 24 Geo. II. c. 55.

Constable making a distress under a justice's warrant shall on demand shew the same to the party, and permit a copy to be taken. 27 Geo. II. e. 20.

Constables must return lists of persons liable to serve in the militia. 26 Geo. III. e. 107. They must quarter and billet soldiers, and make provisions of carriages for troops on march. Vide Annual Mut. Act.

4

A constable may apprehend a person on reasonable suspicion of his being a deserter, and take him to a justice to be examined, and he is entitled to 20s. as a reward, to be paid under a justice's order by the collectors of land-tax. Ibid.

He should present all offences within his knowledge which concerns the peace at the leet, tourn,, .or quarter sessions. Dalt. J. P. 474.

He is not discharged from his office until his successor is sworn. 12 Mod. 256.

Of his Protection.

Action against a constable for any act done in the execution of his office, must be brought in the

county where offence committed: to which he may plead the general issue, and give the special matter in evidence, and if he recover he shall have double costs; this extends also to his deputy. Cromp. J. P. 201. 21 Jac. I. c. 12.

If constable or any person coming to his assistance be killed, it is murder, though the party killing did not know his person; but he must give competent notice of his being a constable, and he must be acting in his own district or division. 1 Hale, P. C 9, 460-2. Ld. Ray. 1300-1.

If two men fight, and constable in attempting to part them get hurt, he shall have an action of trespass; but if he hurt them, they shall have no action. Cromp. J. P. 130.

Every man aiding a constable in the execution of his office, has by law the same protection as the constable. 2 Hale, P. C. 97.

A justice's warrant is a good justification of a constable in any matter within the jurisdiction of such justice, but not otherwise. Str. 711.

By 24 Geo. 11. c. 44, no action to be brought against a constable for any thing done in obedience to a justice's warrant, until demand in writing of the perusal and copy of such warrant, and until the same has been neglected or refused for six days after demand: if after compliance such action is brought without making the justice a party, or producing and proving such warrant at the trial, the jury shall give a verdict for defendant; and if

the action is brought jointly against the justice and constable, on proof of the warrant the jury shall find for the constable. s. 6. Action is to be commenced within six months after the act committed. s. 8. but this act only extends to actions of tort; for where an action for money had and received was brought against an officer who had levied under a justice's warrant, and the conviction was quashed, it was held that a demand of a copy of the warrant was unnecessary. Buller's N. P. 24. And although this act affords protection in a civil suit, yet if the warrant be clearly illegal, the party may legally resist. resist. Ritson's Off. 68. and if he acts without a warrant, he is not protected.

Constable's reasonable expenses of conveying persons to gaol to be ascertained and allowed by any justice of the county, who by warrant shall order the treasurer of the county to pay the same, except in Middlesex, where such expenses are to be paid by the overseers of the poor of the parish or place where the person was apprehended. 1 Hale, P. C. c. 96. 3 Jac. I. c. 10. 27 Geo, II. c. 3.

Constable making a distress under a justice's warrant, may deduct the reasonable expenses of taking, keeping, and selling the distress out of the produce of the sale. 27 Geo. II. c. 20.

Constable must every three months and within 14 days after he goes out of office, deliver to the overseers of the poor an account entered in a book and signed by him, of all sums received and ex