in Her Majesty's name, to be and appear 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 might then be there, to answer to the said charge, and to be further dealt with according to law: and whereas the said A. B. hath neglected to be or appear at the time and place appointed in and by the said summons, although it hath now been proved to me upon oath that the summons was duly served upon the said A. B.: 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 to the said charge, and to be further dealt with according to law.

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

in

day of ―, at - in the county aforesaid. J. S. [L.S.]

If

Warrant, how and where executed.] The arrest, as we have already seen, is usually made by actually 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.; and merely showing him the warrant, and his then voluntarily accompanying the officer to a magistrate, would not be in law an arrest. Arrowsmith v. Le Mesurier, 2 New Rep. 211. the party arrested demand to see the warrant, the constable, if he be a known officer, and acting within his precinct, is not in strictness bound to show it to him; but otherwise, where the arrest is by a constable out of his precinct, or by a private person; 2 Hawk. c. 13, s. 28; and where the arrest is without warrant, it is sufficient for a constable to state merely that he arrests the party in the Queen's name; 1 Hale, 589; but a private person, if required, must, it should seem, state to the party the cause of the arrest. As to breaking open doors, for the purpose of making an arrest, see ante, p. 28; and as to the death of, or injury to, either party,-the party arresting or arrested,-in the endeavour to make or avoid the arrest, see ante, p. 29.

If the person against whom the warrant has issued, be not found within the jurisdiction of the justice who issued it, or if he shall escape, go into, reside, or be, or be supposed or suspected to be in any place in England or Wales, the constable, on taking the warrant to any justice of the peace there, and making oath as to the handwriting of the justice to the warrant, the justice to whom he shall present it, will back the warrant, that is, he will indorse on it an authority for the

constable and all other peace officers to execute the warrant within his jurisdiction. 11 & 12 Vict. c. 42, 8. 11. The following may be the form of the

Indorsement in Backing a Warrant.

Whereas proof upon oath hath this day been made to wit. before me, one of Her Majesty's justices of the peace for the said county of- that the name of J. S., to the within warrant subscribed, is of the handwriting of the justice of the peace within mentioned: I do therefore hereby authorize W. T., who bringeth to me this warrant, and all other persons to whom this warrant was originally directed, or by whom it may lawfully be executed, and also all other constables and other peace officers of the said [county] of to execute the same within the said last-mentioned county; [and the justice, if he think fit, may add] and to bring the said A. B., if apprehended within the said county, before me, or some other justice or justices of the peace of the same county, to be dealt with according to law.

185-.

J. L.

In like manner, English warrants may be backed in Ireland, 11 & 12 Vict. c. 42, s. 12, or Scotland, Id. 8. 14, or the Isle of Man, Id. s. 13, or in the Islands of Guernsey, Jersey, Alderney, or Sark. Id. s. 13, and 14 § 15 Vict. c. 55, s. 18.

In the case of a search warrant, the warrant, after directing the constable to search for the goods in the dwelling-house, &c., of A. B., orders him that if the same or any part thereof be found upon such search, to bring the goods so found, as also the body of the said A. B., before the justice issuing the warrant, or some other justice or justices of the peace for the county, to be disposed of and dealt with according to law. See 2 Arch. J. P. 445, 446. Accordingly, if the constable find the goods, he arrests the party as directed.

When the party is arrested, the constable should take him before a justice of the peace, as soon as it is possible for him to do so, see Wright & Court, 4 B. & C. 596, and in the mean time he should keep or lodge him in safe custody. 2 Hale, 120. And the same, where the arrest is by a private person under a warrant. But if the arrest be by a private person without warrant, he may deliver the party to a constable, or he may take him before a justice of the peace. 1 Hale, 589. And the party arrested should not be treated with any unnecessary harshness, beyond what is actually necessary for his safe custody; and therefore it has been holden, that a constable has no right to handcuff a person whom he has apprehended on a suspicion of felony, unless he have attempted to escape, or it

be necessary to prevent him from escaping. Wright v. Court,

supra.

Warrant for offences at sea or abroad.] In all cases of "indictable crimes or offences of any kind or nature whatsoever, committed on the high seas, or in any creek, haven, or other place in which the Admiralty of England have or claim to have jurisdiction, and in all cases of crimes or offences committed on land beyond the seas, for which an indictment may legally be preferred in any place within England or Wales," any one or more of Her Majesty's justices of the peace for the county, &c., in which the offender shall reside or be, or shall be supposed or suspected to reside or be, may issue a warrant to apprehend him. 11 & 12 Vict. c. 42, s. 2. The warrant is the same as the form, ante, p. 31, except that in describing an offence apon the high seas, the warrant states it to have been committed "on the high seas, out of the body of any county of this realm, and within the jurisdiction of the Admiralty of England;" and in describing an offence committed abroad, for which the offenders may be indicted in this country, the warrant states it to have been committed “on land out of the United Kingdom, to wit, at -, in the kingdom of - ," or "at in the East Indies," or "in the island of the West Indies," as the case may be. Id. sched. E. warrant is executed as in ordinary cases.

in

The

SECTION III.

The Examination and Commitment, &c.

1. In cases where the arrest is in the same county, &c., where the offence was committed.

Taking the depositions.] By stat. 11 & 12 Vict. c. 42, s. 17, in all cases where any person shall appear or be brought before any justice of the peace, charged with any indictable offence, whether committed in England or Wales, or upon the high seas, or on land beyond the sea, or whether such person appear voluntarily upon summons, or have been apprehended with or without warrant, or be in custody for the same or any other offence,-such justice, before he shall commit such accused person for trial, or before he shall admit him to bail, shall, in the presence of such accused person (who shall be at liberty to put questions to any witness produced against him), take the statement on oath or affirmation of those who shall know the facts and circumstances of the case, and shall put the same into writing; and such depositions shall be read over to and signed by the witness, and shall be signed also by

the justice; and before each witness is examined, the justice shall administer to him the usual oath or affirmation. The following may be the form of the

Depositions.

at

in the

The examination of C. D. of - [farmer] and to wit. E. F. of - [labourer], taken on [oath] this day of , in the year of our Lord [county] aforesaid, before the undersigned, [one] of Her Majesty's justices of the peace for the said [county], in the presence and hearing of A. B., who is charged this day before [me], for that he the said A. B. on - at [&c. describing the offence as in a warrant of commitment].

This deponent C. D., on his [oath], saith as follows: [&c. stating the deposition of the witness as nearly as possible in the words he uses. When his deposition is complete let him

sign it].

And this deponent E. F., upon his oath, saith as follows, [&c.]

The above depositions of C. D. and E. F. were taken and [sworn] before me at, on the day and year first above mentioned.

J. S.

Remand.] If, from the absence of witnesses, or from any other reasonable cause, it shall become necessary or advisable to defer the examination or further examination of the witnesses for any time, the justice before whom the accused shall appear or be brought, may by his warrant, from time to time remand the party accused for such time as by such justice in his discretion shall be deemed reasonable, not exceeding eight clear days, to the common gaol or house of correction, or other prison, lock-up house or place of security in the county, riding, division, liberty, city, borough, or place for which such justice shall then be acting; or if the remand be for a time not exceeding three clear days, it shall be lawful for the justice verbally to order the constable or other person in whose custody such party accused may then be, or any other constable or person to be named by the said justice in that behalf, to continue or keep such party accused in his custody, and to bring him before the same or such other justice or justices as shall be there acting at the time appointed for continuing such examination: it is provided, however, that the justice may order the accused to be brought before him at any time before the expiration of the time for which such accused party shall be so remanded, and the gaoler or officer in whose cus

tody he shall then be, shall duly obey such order. 11 & 12 Vict. c. 42, s. 21.

The following may be the form of the

Warrant remanding a Prisoner.

To the constable of · and to the [keeper of the house of correction] at in the said [county] of Whereas A. B. was this day 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 warrant to apprehend]; and it appears to me to be necessary to remand the said A. B.: These are therefore to command you the said constable, in Her Majesty's name, forthwith to convey the said A. B. to the [house of correction] at -, in the said [county], and there to deliver him to the keeper thereof, together with this precept; and I hereby command you the said keeper to receive the said A. B. into your custody in the said house of correction, and there safely keep him until the day of - instant, when I hereby command you to have him at at o'clock in the forenoon of the same day, before me or before such other justice or justices of the peace for the said [county] as may then be there, to answer further to the said charge, and to be further dealt with according to law, unless you shall be otherwise ordered in the meantime.

in

Given under my hand and seal, this day of the year of our Lord- at in the [county] aforesaid. J. S. [L. S.]

Or, instead of detaining the accused party in custody during the period for which he shall be so remanded, any one justice of the peace before whom such accused party shall so appear or be brought as aforesaid may discharge him, upon his entering into a recognizance, with or without a surety or sureties, at the discretion of such justice, conditioned for his appearance at the time and place appointed for the continuance of such examination; and if such accused party shall not afterwards appear at the time and place mentioned in such recognizance, then the said justice, or any other justice of the peace who may then and there be present, upon certifying on the back of the recognizance the non-appearance of such accused party, may transmit such recognizance to the clerk of the peace of the county, riding, division, liberty, city, borough, or place within which such recognizance shall have been taken, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient prima facie