before some neighbouring Justice of the Peace, to be dealt with according to law."

By the Act for the better preservation of the peace in the vicinity of public works, 32-33 Vict. ch. 24, sec. 8, it is enacted that "Any Commissioner or Justice, Constable or Peace Officer, may arrest and detain any person employed on any such railway, canal, or other work, found carrying any such weapon as aforesaid, within any place where this Act is at the time in force, at such time and in such manner as in the judgment of such Commissioner, Justice, Constable or Peace Officer, affords just cause of suspicion that they are carried for purposes dangerous to the public peace."

By the Act respecting certain offences relative to Her Majesty's army and navy, 32-33 Vict. ch. 25, sec. 7, it is enacted that " Any person reasonably suspected of being a deserter from Her Majesty's service may be apprehended and brought for examination before any Justice of the Peace, and if it appears that he is a deserter, he shall be confined in gaol until claimed by the military or naval authorities, or proceeded against according to law."

By the Act respecting cruelty to animals, 32-33 Vict. ch. 27, sec. 4, it is enacted that, "When any offence against this Act is committed, any Constable or other Peace Officer, or the owner of such cattle, animal or poultry, upon view thereof, or upon the information of any other person (who shall declare his or their name or names and place or places of abode to the said Con

stable or other Peace Officer) may seize and secure, by the authority of this Act, and forthwith, and without any other authority or warrant, may convey any such offender before a Justice of the Peace, within whose jurisdiction the offence has been committed, to be dealt with according to law"

By the Act respecting riots and riotous assemblies, 31 Vict. ch. 70, sec. 4, it is enacted that "If twelve or more of the persons so unlawfully, riotously and tumultously assembled continue together, after proclamation made in manner aforesaid, and do not disperse themselves within one hour, then every Justice of the Peace, Sheriff, and Deputy Sheriff of the district and county where such assembly may be, and also every High and Petty Constable, and other Peace Officer within such district or county, and also every Mayor, Justice of the Peace, Sheriff and other head officer, High or Petty Constable, and other Peace Officer, of any city or town corporate, where such assembly may be, and any person or persons commanded to assist such Justice of the Peace, Sheriff or Deputy Sheriff, Mayor, Bailiff or other head officer aforesaid (who may command all Her Majesty's subjects of age and ability to be assisting to them therein) shall seize and apprehend the persons so unlawfully, riotously and tumultously continuing together, after proclamation made as aforesaid, and shall forthwith carry the persons so apprehended before one or more of Her Majesty's Justices of the Peace of the district, county or place where such persons are so apprehended, in order to their being proceeded against for such their offences according to law."

By the Act respecting the shipping of seamen, 36 Vict., ch. 129, sec. 94 (in force in Quebec, Nova Scotia, 'New Brunswick, and British Columbia only), it is enacted that "Whenever, either at the commencement or during the progress of any voyage, any seaman or apprentice neglects or refuses to proceed to sea in any ship registered in either of the said Provinces in which he is duly engaged to serve, or is found otherwise absenting himself therefrom without leave, the master or any mate, or the owner, ship's husband or consignee may, in any place in either of the said Provinces, with or without the assistance of the local police officers or constables (who are hereby directed to give the same if required), apprehend him without first procuring a warrant; and may thereupon in any case, and shall in case he so requires, and it is practicable, convey him before some Court capable of taking cognizance of the matter, to be dealt with according to law; and may, for the purpose of conveying him before such Court, detain him in custody for a period not exceeding twenty-four hours, or such shorter time as may be necessary, or may, if he does not so require, or if there is no such Court at or near the place, at once convey him on board; and if any such apprehension appears to the Court before which the case is brought to have been made on improper or on insufficient grounds, the master, mate, owner, ship's husband or consignee, who makes the same or causes the same to be made, shall incur a penalty not exceeding eighty dollars; but such penalty, if inflicted, shall be a bar to any action for false imprisonment in respect of such apprehension."

It must be admitted that this great defect of our Criminal Statutes Consolidation Acts, want of uniformity, is strikingly illustrated, in the various clauses above cited, concerning the apprehension of offenders. For instance, by the Coin Act, any person is empowered to arrest offenders against the Act, but only when committing an indictable offence. By the Larceny Act, this power is given against persons found committing an offence punishable either by indictment, or summary conviction.

By the Act respecting malicious injuries to property, a peace officer, or the owner of the property, or some one authorized by him, only, can apprehend an offender against the Act-not any person, as in the two other

cases.

Then Sec. 2, of the Procedure Act (ante) is, in great part, nothing but the common law on the subject, and, in certain respects, is less comprehensive and extended than the common law. For instance, at common law, ifa constable or peace officer sees any person committing a felony, he not only may, but he must and is bound to apprehend the offender. And not only a constable or peace officer, but "all persons who are present when a felony is committed, or a dangerous wound given, are bound to apprehend the offender, on pain of being fined and imprisoned for their neglect, unless they were under age at the time: (2 Hawkins 115); and it is the duty of all persons to arrest without warrant any person attempting to commit a felony : (R. vs. Hunt, 1 Mood. 93; R. vs. Howarth, 1 Mood. 207). So any person may arrest another for the purpose of putting a stop to a breach of the peace, com

mitted in his presence (2 Hawkins, 115; 1 Burn's Justice, 295, 299; Roscoe, 240). A peace officer may arrest any person, without warrant, on a reasonable suspicion of felony, though that doctrine does not extend to misdemeanors. And even a private person has that right. But there is a distinction between a private person and a constable as to the power to arrest any one upon suspicion of having committed a felony, which is thus stated by Lord Tenterden, C. J., in Beckwith vs. Philby, 6 B. & C. 635:

"In order to justify a private person in causing the imprisonment of a person, he must not only make out a reasonable ground of suspicion, but he must prove that a felony has been actually committed; whereas a constable, having reasonable ground to suspect that a felony has been committed, is authorized to detain the party suspected until inquiry can be made by the proper authorities. This distinction is perfectly settled. The rule as to private persons was so stated by Genney, in the Year Book, 9 Edw. 4, already mentioned, and has been fully settled ever since the case of Ledwith vs. Catchpole (Cald. 291, A. D. 1783); Greaves, On Arrest without Warrant."

Any private person may also arrest a person found committing a misdemeanor. This doctrine having been denied, in England, by a correspondent of the Times, Mr. Greaves, Q. C., the learned framer of the English Criminal Law Consolidation Acts, published, on the question, an article, too long for insertion here, but from which the following extracts give fully the author's views on the question:

"On these authorities it seems to be perfectly clear