riff, constable, marshal or policeman in the state, and may be executed by any of those officers to whom it may be delivered.

§ 149. If it be issued by any other magistrate, it may be directed generally to any sheriff, constable, marshal, or policeman in the county in which it is issued, and may be executed in that county, or if the defendant be in another county, it may be executed therein upon the written direction of a magistate of that county endorsed upon the warrant, signed by him, with his name of office, and dated at the city, town or village where it is made, to the following effect: "This warrant may be executed in the county of Monroe," or as the case may be.]

§ 150. The endorsement mentioned in the last section shall not, however, be made, unless upon the oath of a credible witness in writing, endorsed on or annexed to the warrant, proving the hand writing of the magistrate by whom it was issued. Upon such proof, the magistrate endorsing the warrant shall be exempted from liability to a civil or criminal action, though it afterwards appear that the warrant was illegally or improperly issued.

§ 151. If the offence charged in the warrant be a felony, the officer making the arrest must take the defendant efore the magistrate who issued the warrant, or some other magistrate of the same county, as provided in section 155.

§ 152. If the offence charged in the warrant be a misdemeanor, and the defendant be arrested in another county, the officer must, upon being so required by the defendant, bring him before a magistrate of such county who shall admit the defendant to bail.

§ 153. On admitting the defendant to bail, the magistrate shall certify on the warrant, the fact of his having done so, and deliver the warrant and undertaking of bail to the officer having charge of the defendant. The officer shall forthwith discharge the defendant from arrest, and shall without delay deliver the warrant and undertaking to the clerk of the court at which the defendant is required to appear.

§ 154. If on the admission of the defendant to bail, as provided in section 152, or if bail be not forthwith given, the officer shall take the defendant before the magistrate who issued the warrant, or some other magistrate of the same county, as provided by the next section.

§ 155. Where, by the preceding sections of this chapter, the defendant is required to be taken before the magistrate who issued the warrant, he may, if the magistrate be absent or unable to act, be taken before the nearest or most accessible magistrate in the same county. The officer must at the same time deliver to the magistrate, the warrant with his return endorsed and subscribed by him.

§ 156. The defendant must, in all cases, be taken before the magistrate without unnecessary delay.

§ 157. If the defendant be brought before a magistrate other than the one who issued the warrant, the affidavits on which the warrant was granted, must be sent to such magistrate, or if they cannot be procured, the prosecutor and his witnesses must be summoned to give their testimony anew.

CHAPTER III.

Arrest by an officer under warrant

§ 158. Arrest is the taking of a person into custody, that he may be held to answer for a public offence.

§ 159. An arrest may be either,

1. By a peace officer, under a warrant:

2. By a peace officer without a warrant or

3. By a private person.

§ 160. Every person must aid an officer in the execution of a warrant, if the officer require his aid and be present and acting in its execution.

§ 161. If the offence charged be a felony, the arrest may be made on any day and at any time of the day or night. If it be a misdemeanor, the arrest cannot be made at night, unless upon the direction of the magistrate endorsed upon the warrant.

§ 162. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the oflicer.

§ 163. The defendant is not to be subjected to any more restraint, than is necessary for his arrest and detention.

§ 164. The officer must inform the defendant that he acts under the authority of the warrant, and must also show the warrant if required.

§ 165. If after notice of intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to effect the arrest.

§ 166. The officer may break open any outer or inner door or window of a dwelling-house to execute the warrant, if, after notice of his authority and purpose, he be refused admittance.

§ 167. An officer may break open any outer or inner door or window of a dwelling house, for the purpose of liberating a person, who, having entered for the purpose of making an arrest, is detained therein, or when necessary for his own liberation.

CHAPTER IV.

Arrest by an officer, without a warrant.

§ 168. A peace officer may, without a warrant, arrest a person,

1. For a public offence committed or attempted in his presence:

2. Where the person arrested has committed a felony, although not in his presence:

3. Where a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it:

4. On a charge made upon a reasonable cause, of the commission of a felony by the party arrested.

§ 169. To make an arrest as provided in the last section, the officer may break open any outer or inner door or window of a dwelling-house, if, after notice of his office and purpose, he be refused admittance.

§ 170. He may also at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony, and is justified in making the arrest, though it afterwards appear that a felony had not been committed.

$171. When arresting a person without a warrant, the officer must inform him of his authority and the cause of the arrest, except when he is in the actual commission of a public offence, or when he is pursued immediately after an escape.

§ 172. He may take before a magistrate any person, who being engaged in a breach of the peace is arrested by a by-stander and delivered to him.