every thing which a constable or private person may do, in respect of apprehending offenders without warrant.

2 Hawk. c. 13, s. 13. So, he may lawfully, by word of mouth, authorize any one to arrest a person, who is guilty of a felony or an actual breach of the peace in his presence; 2 Hawk. c. 13, 8. 14; 2 Hale, 86; and such command is a good warrant without writing. 2 Hale, 86.

On hue and cry.] Upon hue and cry raised or levied, a private person may arrest the alleged offender, 2 Hawk. c. 12, 8. 4, although no other circumstance of suspicion attach to him. 2 Inst. 52. Hue and cry was the ancient mode of pursuing an offender from town to town, until he was taken. 2 Hawk. c. 12, s. 5. It might be raised by any person present when a felony was committed, or dangerous wound given, by going to the constable of the next town, informing him of it, describing the offender, and stating which way he had gone. Id. ss. 4, 5. It was the duty of the constable then immediately to raise his own town, and search for the offender, and, upon not finding him, to send the like notice to the constables of all the neighbouring towns, who ought in like manner to search for the offender, and also to give notice to their neighbouring constables, and they to the next, until the offender was taken. Id. s. 6. Sometimes there was a justice's warrant for levying the hue and cry; but the constable might levy it without warrant. If a constable fail to levy a hue and cry when he ought, or if others do not pursue it when required, they are punishable upon indictment with fine or imprisonment, or both. 3 Inst. 117. 3 Ed. 1 c. 9.

When and where.] An arrest without warrant may be made at any time, even on a Sunday. And it may be made any where.

How.] An arrest is usually made by laying hands on the party and detaining him. But if the officer or other person say to him "I arrest you," and the party acquiesce and go with him, this will be a good arrest; see Russen v. Lucas, 1 Car. & P. 153; although it would be otherwise, if instead of submitting he had escaped. Id. If the arrest be by a constable, it is sufficient for him to state merely that he arrests the party in the Queen's name; 1 Hale, 589; but a private person, it should seem, if required, must state to the party arrested the cause of the arrest.

If the party to be arrested be in a house, and the doors be fastened, then, according to Hawkins, the doors may be broken open to arrest him (after first demanding admittance and being refused), in the following cases :-First, upon a capias on an indictment; second, where one, known to have committed treason or felony, or to have given another a dan

gerous wound, is pursued by a constable or private person, with or without warrant; third, where an affray is made in a house, in the view or hearing of a constable, or where affrayers fly to a house and are immediately pursued by a constable; fourth, where a person, lawfully arrested, escapes and flies to a house in these several cases the door of the house may be broken open, to arrest the party or suppress the affray, if upon demand made for the purpose the parties within refuse to open it. 2 Hawk. c. 14, 88. 1-9. And the same, upon a warrant on a charge or suspicion of felony. 2 Hale, 117. So, where a private person, without warrant, broke open the door of a house, and imprisoned the occupier, to prevent him from murdering his wife, he was holden to be justified. Handcock v. Baker, 2 Bos. & P. 260. And it is immaterial whether it be the party's own house, or the house of a stranger, except that in the latter case the officer is justified only in case the party he seeks be actually in the house at the time. 2 Hale, 117.

If the officer or other person, in endeavouring to make a legal arrest, be resisted, and in opposing force to force he happen to kill the party, the homicide is justifiable; 1 Hale, 494, 481; Fost. 318, 274; and the officer or other person need not retreat, as in the ordinary case of se defendendo; 2 Hale, 218; but if the arrest would have been illegal, the killing would amount to manslaughter. See Fost. 318. So when a party may lawfully be arrested for felony, and he, knowing the cause, flies, so that he cannot be taken otherwise than by killing him, the constable pursuing him will be justified in killing him; or a private person will in like manner be justified, if he can prove that the deceased was actually guilty of a felony; 2 Hale, 118, 119. 1 East, P. C. 298, 299; but where the arrest is for a misdemeanor only, even a constable will not be justified in killing in pursuit; and if in such a case he kill with a deadly weapon, it will be murder; if otherwise, manslaughter; 2 Hale, 217. Fost. 271; and see R. v. Longden, R. & Ry. 228. R. v. Smith, 1 Russ, 459; or if he fire at and wound him, he may be indicted for it as for a felony under stat. 1 Vict. c. 85. R. v. Dodson, 20 Law J. 57 m. In apprehending or dispersing rioters after proclamation made, as mentioned ante, p. 25, it is enacted by stat. G. 1, st. 2, e. 5, s. 3, that if the persons so unlawfully, riotously, and tumultuously assembled, or any of them, shall happen to be killed or hurt, by reason of their resisting the persons endeavouring to disperse or apprehend them, the latter shall be discharged and indemnified.

On the other hand, if the constable or any person acting in his aid be killed in endeavouring to execute a magistrate's warrant,-if the warrant be legal and the slayer had notice, either expressly or from circumstances, of the deceased being a constable, and of the intent of the arrest, R. v. Gordon, 1 East,

P. C. 350, 352. R. v. Payne, Ry. & M. 378, the law in that case implies malice, and the slayer will be guilty of murder. 1 Hale, 457. 1 East, P. C. 298. And the same, as to killing any other person to whom the warrant is directed. But if the warrant be bad on the face of it, as being too general, R. v. Hood, Ry. & M. 281, or the like, the killing in such a case will be manslaughter only. So, if a constable or other person, without warrant, apprehend, or attempt to apprehend an offender, in a case where by law he may do so, and be killed in so doing, it will be murder; 1 East, P. C. 303. R. v. Ford, R. & Ry. 329. R. v. Woolmer & Palmer, Ry. & M. 334. R. v. Hems, 7 Car. & P. 312; but if it happen in a case where he has no authority by law to apprehend the party, the killing will be manslaughter only. R. v. Wm. Thompson, Ry. & M. 80. R. v. Curvan, Ry. § M. 132. R. v. Curran, 3 Car. & P. 397. R. v. Davis, 7 Car. & P. 785. R. v. Phelps et al., Car. & M. 180. So, if a gamekeeper or his assistant be killed, in attempting to apprehend a poacher, if the arrest would have been lawful, the offence is murder; R. v. Warner et al., Ry. & M. 380; R. v. Edwards et al., 3 Car. & P. 390; R. v. Whithorne et al., Id. 394; R. v. Ball, Ry. & M. 330; R. v. James Ball, Id. 333; but if the arrest would have been unlawful, the offence would be manslaughter only; R. v. Addis, 6 Car. & P. 388. Even an assault to prevent apprehension, is punishable with imprisonment, with or without hard labour, for not more than two years. 9 G. 4, c. 31, s. 25, and see 14§ 15 Vict. c. 19, s. 12. Or if, to resist or prevent lawful apprehension, a man shoot at, or attempt to shoot at the party attempting to apprehend him, or shall stab, cut or wound him, it will be a felony, and he will be liable to be transported for life, or for not less than fifteen years, or to be imprisoned with or without hard labour for not more than three years. 1 Vict. c. 85, 8. 4.

SECTION II.

Apprehension of the Offender under a Warrant.

Warrant, in what cases and how.] Where a charge or complaint is made before a justice of the peace, that a person who has committed, or is suspected to have committed any treason, felony, or indictable misdemeanor, or any other indictable offence whatsoever, either within the justice's jurisdiction or elsewhere, is residing or being, or is suspected to reside or be within the limits of such jurisdiction,-the justice may at once issue his warrant to apprehend such person, and to cause him to be brought before him or some other justice for the same county, riding, division, liberty, city, borough, or

place, to answer to the charge; 11 & 12 Vict. c. 42, s. 1. This warrant may be issued on a Sunday, as well as any other day. Id. s. 4. It must be under the hand and seal of the justice issuing it; and it may be directed-either to a constable or other person by name,-or generally to the constable of the parish or other district within which it is to be executed, without naming him, or to such constable and all other constables or peace officers in the county or other district within which the justice issuing the warrant has jurisdiction,-or generally to all constables or peace officers within such county or district. Id. s. 10.

The following is the form of the

Information or Complaint for an Indictable Offence.

The information and complaint of C. D., of to wit: S [yeoman], taken this day ofin the year of our Lord, 185-, before the undersigned, [one] of Her Majesty's justices of the peace, in and for the said [county] of who saith that [&c., stating the offence]. Sworn before [me] the day and year first before mentioned, at

J. S.

This information is required to be on oath, where it is intended to issue a warrant in the first instance. 11 & 12 Vict. c. 42, s. 8.

The following is the form of the

Warrant to apprehend the Offender.

To the constable of

and to all other peace officers

in the said [county] of Whereas, A. B., [labourer] hath this day been charged upon oath before the undersigned, [one] of Her Majesty's justices of the peace in and for the said county of - for that he, on, at -, did [&c., stating shortly the offence]: These are therefore to command you, in Her Majesty's name, forthwith to apprehend the said A. B., and to bring him before [me], or some other of Her Majesty's justices of the peace in and for the said [county], to answer unto the said charge, and to be further dealt with according to law. Given under my hand and seal, this · day of the year of our Lord. at in the [county] aforesaid. J. S. [L.S.]

in

Or summons and warrant.] The justice, however, instead of issuing a warrant in the first instance, may, if he think fit, issue a summons; and if that be disobeyed, he may then issue his warrant. 11 & 12 Vict. c. 42, 88. 1, 9. In the case of a

summons, it is not necessary that the information should be upon oath; it need not even be in writing.

The following is the form of a

Id. s. 8.

Summons to a Person charged with an Indictable Offence.

Whereas you have this day been charged before the undersigned, [one] of Her Majesty's justices of the peace in and for the said [county] of for that you, on ———, at [&c., stating shortly the offence]: These are therefore to command you, in Her Majesty's name, to be and appeur before me on at o'clock in the forenoon, at

or before such other justice or justices of the peace for the same [county] as may then be there, to answer to the said charge, and to be further dealt with according to law. Herein fail not.

Given under my hand and seal, this day of the year of our Lord said.

at

in

in the [county] afore

J. S. [L.S.]

This summons, it will be perceived, is directed to the party himself, who is charged by the information. It must be served by a constable or other peace officer, either by delivering it to the party personally, or, if he cannot conveniently be met with, by leaving it with some person for him at his last or most usual place of abode. 11 & 12 Vict. c. 42, 8. 9.

If the party fail to attend at the time and place mentioned in the summons, then, upon oath made of the service of the summons, the justice may issue his warrant; 11 & 12 Vict. c. 42, s. 9; or if he see any necessity for it, as if he be informed that the party is likely to abscond, or the like, he may issue his warrant before the day of attendance mentioned in the summons. Id. s. 1.

The following is the form of the

Warrant where the Summons is disobeyed.

To the constable of

and to all other peace officers

in the said [county] of

Whereas on the -last past, A. B., of

,[labourer,]

was charged before the undersigned, [one] of Her Majesty's justices of the peace in and for the said [county] of for that [&c., as in the summons]: And whereas [I] then issued [my] summons to the said A. B., commanding him,