Order thereon.

to wit. Whereas by an order under the hands and seals of S. P. and W. S. two of His Majesty's justices &c. dated &c. A. B. the parish apprentice of C. D. [state the facts as in the Complaint]. And whereas the said C. D. hath been duly summoned to appear before us the said justices to answer the said Complaint, but hath not shewn to us any just cause why he refuses to comply with the directions of the said Order, and to deliver up the said clothes and wearing apparel as he was thereby commanded. We do therefore hereby order the said C. D. upon due notice of this our order, to pay to the churchwardens and overseers of the poor of the said parish of ——the sum of [not exceeding £5.], to be by them applied as the law directs. Given under our hands and seals, &c.

Warrant of Distress.

To the Constable of

to wit. Whereas by an order under the hands and scals of us, S. P. and W. S. two of His Majesty's justices, &c. [state the Order for delivering the Clothes, the Complaint, and Summons thereon, and the Order for payment of the Penalty]. And whereas it appears unto us the said justices upon the oath of E. F. one of the overseers of the poor of the parish of

aforesaid, that the said C. D. hath had due notice of our said last-mentioned order, but hath not paid the said last-mentioned sum of so directed to be paid by him, or any part thereof. These are therefore to command you to make distress of the goods and chattels of the said C. D. and if within the space of four days next after such distress by you made, the said last-mentioned sum of, together with the reasonable charges of taking and keeping the said distress shall not be paid, that then you do sell the goods and chattels so by you distrained, and out of the money arising by the sale thereof, that you pay the said last-mentioned sum of — unto the churchwardens or overseers of the poor of the parish of, to be by them applied as aforesaid, returning the overplus (if any), on demand, to the said C. D. the reasonable charges of taking, keeping, and selling the said distress being first thereout deducted. Given under our hands and seals, &c.

Master's Oath to claim his Apprentice.

to wit. I, A. B. of

in the county of, do

make oath that I am by trade a —, and that C, D. was bound to serve as an apprentice to me in the said trade, by indenture bearing date the day of in the year of our Lord 1817, for the term of did on the

day of

years, and that the said C. D, in the year of our Lord 1817, abscond and quit my service without my consent, and that to the best of my knowledge and belief the said C. D. is aged about -years. Witness my hand, the

year of our Lord 1817.

Sworn before me, at

in the

day of

in the

day of

in the

ARREST.

A constable may, by virtue of his office, arrest a felon and imprison him till he can be conveyed to a justice of peace. 2 Haw. c. 13, s. 8. but cannot for a breach of the peace (unless committed in his view), without a warrant. Ibid.

No privilege from arrest extends to felony, treason, or breaking the peace, 4 Inst. 24, 25. and a warrant against any person for either of these crimes may be executed on the Lord's day. 29 Ch. II. c. 7, s. 6.

A private person, in case of strong suspicion of felony, treason, &c. may justify an arrest without a warrant, and may also prevent the commission of

those crimes by seizing and detaining the party. 2 Haw. c. 12, s. 19. Cald. Ca. 291.

A justice of peace may apprehend a felon, or disturber of the peace in his own view, 2 Hale's Hist. 86, or he may command one to arrest another for felony, or breach of the peace, committed in his presence; but, if in his absence, he must issue a warrant in writing under his seal. Ibid.

A justice may direct his warrant to a private person if he pleases, though such person is not bound to execute it, but the warrant ought not to be directed to the party; and if directed to two or more jointly, one of them alone may execute it. Dalt. 169.

In general, a peace officer under authority of a justice's warrant, or in any case where the King is a party, may justify breaking open a man's house to arrest the offender, Ibid. but the officer should first demand entrance. It seems, however, that a private person cannot justify breaking open a door to arrest a person upon mere suspicion of felony.

Justices, before granting warrants to arrest, should examine the party, requiring it, on oath; and if the charge be positive, it may be adviseable to bind the party to prosecute before warrant issues. Dalt. c. 169, p. 579.

[For the precedents, see title "Warrants;" and for the authority of constables, see title "Constable."]

ARSON. See BURNING.

ASSAULT AND BATTERY."

An assault is a forcible attempt to do a corporal injury to another; a blow, however trifling, is a battery;-every assault is not a battery, but every battery necessarily includes an assault. 1 Haw. P. C. 263.-An assault, in some instances, may be justified; a defendant may justify an assault, mol liter manus imposuit, in defence of his goods, his wife, father, mother, or master, or for the maintenance of justice; a servant may justify in defence of his master, but not contra. Lord Raym. Bract.

It is not prudent in assaults of a trifling nature to grant a warrant in the first instance; nor should the offenders be held to bail except in aggravated cases, as it frequently happens that the assault is compromised by the parties, previous to the quarter sessions, in which case if the recognizances are filed, the withdrawing them occasions great inconvenience and expense.

Affidavit to ground a Warrant for an Assault.

in the

A. B. of &c. yeoman, maketh oath and saith, that on the day of instant, at county of, C. D. of &c. [labourer], did violently assault

and beat this deponent, by striking him with his fists several blows on the head, face, and other parts of his body.

to wit.

Whereas A. B. of

A. B.

at

hath this day made complaint and information on oath, before me, S. P. Esq. one of His Majesty's justices of the peace for the said county, That C. D. of did, on the day of — in the said county, violently assault and beat him the said A. B. against the peace &c. These are, therefore, in His Majesty's name, to command you immediately to apprehend the said C. D. and bring him before me, (or some other of His Majesty's justices of the peace for the said county) to answer to the said complaint, and further to be dealt with according to law. Herein fail not, as you will answer the contrary at your peril.

the

Given under my hand and seal, at in the said county, day of, in the year of our Lord 1817.

It frequently happens after parties are bound over to prosecute, that the dispute is amicably settled, in which case it is necessary to get the recognizance of the complainant discharged, for which purpose the following acknowledgement of satisfaction must be signed.