warrant, arrest the party so charged or suspected; and he will be justified in doing so though it should afterwards turn out that the party is innocent, or even that no such offence has been in fact committed (r). He is also authorized in these cases, as well as upon a justice's warrant, to break open doors. And by 24 & 25 Vict. c. 97, s. 57, and by c. 100, s. 66 (s), it is now enacted that any constable or peace officer may take into custody, without a warrant, any person whom he shall find lying or loitering in any highway, yard or other place during the night, and whom he shall have good cause to suspect of having committed, or of being about to commit, any felony mentioned in those Acts respectively; and that he shall take such person as soon as reasonably may be before a justice of the peace, to be dealt with according to law (t). 5. [Watchmen, either those appointed by the statute of Winchester, (13 Edw. I. c. 4,) to keep watch and ward in all towns from sunsetting to sunrising, or such as are mere assistants to the constable, may, virtute officii, arrest all offenders, and particularly nightwalkers; and commit them to custody till the morning (u).

Thirdly. Any private person (and à fortiori a peace officer), that is present when any felony is committed, is bound by the law (without warrant) to arrest the felon, on pain of fine and imprisonment,] if he is negligently per

(r) See Hogg v. Ward, 3 H. & N. 417; Griffin v. Coleman, 4 H. & N. 265.

(s) These Acts are the Acts of 1861, which purport to relate to offences against the person, and to malicious injuries to property.

(t) Moreover, within the metropolitan police district, a constable may take into custody, without warrant, all persons whom he may find, between sunset and the hour of eight in the morning, loitering or lying about and unable to give a satisfactory account of them

selves, - -or any persons charged with aggravated assaults,-or persons offending against the metropolitan police Acts, whose address cannot be ascertained. (See 10 Geo. 4, c. 44; 2 & 3 Vict. c. 47, ss. 36, 64, 65; 17 & 18 Vict. c. 33, s. 1.) The metropolitan police district embraces the whole county of Middlesex, and all other parishes or places within fifteen miles of Charing-cross, -with the exception of the city of London, which maintains a separate police establishment.

(u) 2 Hale, P. C. 90, 91.

mitted to escape (v); and any person whatsoever may also, by 14 & 15 Vict. c. 19, s. 11, apprehend any person found committing any indictable offence, by night. Moreover, by 24 & 25 Vict. c. 96, s. 103(x), any person may apprehend, without warrant, any person found committing any of the offences punishable under that Act (either upon indictment or summary conviction), except only the offence of angling in the day time: and may carry such offender and the property (if any) found on him to a neighbouring justice, by him to be dealt with according to law. And, by 24 & 25 Vict. c. 97, s. 61 (y), any person found committing any offence against that Act may be immediately apprehended, and carried to a justice, without warrant, either by a peace officer, or the owner of the property injured, or his servant, or other person authorized by such owner. And, by 24 & 25 Vict. c. 99, s. 31 (z), any person whatsoever may apprehend any person found committing any offence against that Act, and deliver him up to some peace officer (a). Moreover, at common law, any person (whether a peace officer or not) may, without warrant, in the case of any felony committed in their presence, justify breaking open doors in pursuit of the offender: and may arrest any one for felony on probable suspicion (b). But there is this distinction between the case of the peace officer, and that of a private person; that the former is protected, (as we have seen,) though it should turn out that no such crime as supposed had been in fact committed by any one (provided he had reasonable ground for suspecting the party arrested): but the latter acts more at his peril; and is not protected, unless he can prove an actual commission of the crime by some one, as well as a reasonable ground for suspecting the particular person (c). It is also

(v) Hawk. P. C. b. 2, c. 12.

(x) This is the Act of 1861, as to larceny and similar offences.

(y) This is the Act of 1861, as to malicious injuries to property.

(z) This is the Act of 1861, as to

offences relating to the coin.
(a) 24 & 25 Vict. c. 99, s. 31.
(b) 2 Hale, P. C 78.

(c) Fost. 318. See Adams, v. Moore, 2 Selw. N. P. 865; Moore v. Raye, 4 Taunt. 34; Beckwith v.

to be observed, that a private person cannot, on mere suspicion, justify breaking open doors; which a constable (as before shown), though acting without a warrant,—is competent to do (d).

Fourthly. [There is yet another species of arrest, wherein both officers and private men are concerned; and that is upon a hue and cry raised upon a felony committed (e). A hue, (from huer, to shout) and cry, hutesium et clamor, is the old common law process of pursuing with horn and with voice, all felons, and such as have dangerously wounded another (f).] If in a hue and cry, the constable, or peace officer, concur in the pursuit, he has [the same powers, protection and indemnification, as if acting under a warrant of a justice of the peace (g).] Indeed all those who join in following upon a hue and cry that has been raised,-and that whether a constable be present or not,-will be justified in their apprehension of the party pursued, even though it should ultimately turn out that he is innocent, or that no felony has been committed (h); and where the party pursued has taken refuge in a house, may break open the door to secure him, if admittance be refused (i). But if a man wantonly or maliciously raises a hue and cry without cause, he is liable to fine and imprisonment (k); and is also liable to an action at the suit of the party injured.

In order to encourage the apprehension of offenders in certain cases, it is provided by 7 Geo. IV. c. 64, s. 28,repealing previous enactments of a similar kind,-that when any person shall appear to any court of oyer and

(f) The statutes relating to hue and cry, 13 Edw. 1, st. 2, cc. 1 and 4; 27 Eliz. c. 13, and 8 Geo. 2, c. 16; are repealed by 7 & 8 Geo. 4, c. 27.

(g) Vide sup. p. 157.

(h) Hawk. P. C. b. 2, c. 12, s. 16. (i) 2 Hale, P. C. 102.

(k) Hawk. P. C. b. 2, c. 12, s. 16.

terminer, or gaol delivery, to have been active in or towards the apprehension of any person charged with murder; or charged with feloniously and maliciously shooting at, or attempting to discharge any kind of loaded fire-arms at, any other person; or with stabbing, cutting, or poisoning, or with adminstering any thing to procure the miscarriage of any woman; or with rape; or with burglary or felonious housebreaking; or with robbery on the person; or with arson; or with horse stealing, bullock stealing, or sheep stealing; or with being accessory before the fact to any of the offences aforesaid; or with receiving any stolen property knowing the same to have been stolen ;-every such court is authorized, in any of the cases aforesaid, to order the sheriff of the county to pay to such person such sum of money as shall seem a reasonable and sufficient compensation for his, her, or their expenses, exertions and loss of time, in or towards such apprehension (m). But this power is to be exercised subject to such regulations, as to the rate of allowance, as shall be made from time to time by a principal secretary of state. And by 14 & 15 Vict. c. 55, s. 8, the above power of ordering compensation is extended, under certain limitations as to the amount, to any court of sessions of the peace,-in reference to such of the above-mentioned offences as they have power to try (n).

(m) And see 7 Geo. 4, c. 64, s. 30, as to compensation to the families of those who are killed in attempting to apprehend persons charged with such offences as are mentioned in the text; and 14 & 15 Vict. c. 55, s. 7, providing that nothing in that Act, as to the regulations under which the power of allowance is to be exercised, shall interfere with the power of the court to order payment to any person who shall

have shown extraordinary courage, diligence, or exertion in the apprehension. See also 19 & 20 Vict. c. 16, s. 13, as to compensation in cases removed for trial to the Central Criminal Court, under the provisions of that Act.

(n) The amount is limited to 51. to any one person. As to the jurisdiction of the sessions, vide sup. pp. 397, 398.

CHAPTER XVII.

OF COMMITMENT AND BAIL.

[WHEN a delinquent is arrested, by any of the means mentioned in the preceding chapter, he ought regularly to be carried before a justice (or justices) of the peace; and how he is there to be treated, is now to be shown under the head of commitment and bail (a).

The justice or justices before whom such prisoner is brought, are bound immediately to examine the circumstances of the crime alleged (b);] and to this end, the following provisions are made by the statute 11 & 12 Vict. c. 42, s. 17 (c); viz. that he or they shall take, in the presence of the prisoner, (who shall be at liberty to put questions to any witness produced against him,) the statement on oath or affirmation of those who know the facts of the case, and shall put the same into writing:that the room in which such examinations (or depositions) are taken shall not be deemed an open court; and that it shall be lawful for the justice or justices, if it appear to them most conducive to the ends of justice, to order that no person shall have access to the same (d):-that after the depositions have been taken, and signed respectively by the witnesses, and also by the justice or justices, they shall be read over to the prisoner, who shall be asked if

(a) Vide sup. p. 424.

(b) He ought to be brought before the justice, without delay. (Wright v. Court, 6 D. & R. 623.)

(c) This subject was at one period regulated by 2 & 3 Ph. & M. c. 10, VOL. IV.

and afterwards by 7 Geo. 4, c. 64. The first of these Acts was repealed by the second; and this last, (so far as this subject is concerned,) by 11 & 12 Vict. c. 42.

(d) 11 & 12 Vict. c. 42, s. 19.

F F