of arrest is directed may break open an outer-door or window of a dwelling house in order to execute such warrant, first taking care to signify the cause of his coming and to make a demand of admittance. Neither is the dwelling house of a third person, if the offender fly to it for protection, privileged (p); but it also may be broken open after the usual demand, and when the officer or other person executing the warrant has once entered a house, he may, after ineffectually demanding entrance, break open any inner-door by which his progress is obstructed (q). He may also break out of the house if necessary for his liberation (r).

Mode of effecting an arrest.] To effect an arrest, the officer should in all cases lay hands on, or touch the person, in order to complete it. However, an arrest may be effected, not merely by an actual touch and seizure of the person, but by having the person in such a situation that he may be detained, as by locking him up in a room, or the like (s). But mere words used by the officer will not make an arrest (t). mit himself to the arrest, as if he goes with the officer without being actually touched, conceiving that the latter can and will compel him, if he does not do so voluntarily (u).

A party may, however, sub

Return of warrant.] It is provided by the Petty Sessions Act (v), that whenever the person to whom any warrant is addressed, transmitted, or endorsed for execution, is unable to find or discover the person against whom it is issued, he is to return the warrant to the justice by whom it was issued within the time fixed, or within a reasonable time when none is fixed, together with a certificate (w) of the reason why it has not been executed; and the justice may examine such person upon oath, touching the non-execution of the warrant, and re-issue it again, or other warrants from time to time. If the constable should improperly delay to return his warrant, or if from any cause whatever he should altogether fail to return his warrant, or to

(p) 2 Hale, 117; 5 Co. 91.

(q) 2 Hawk, c. 14, s. 11; 1 East, P. C. c. 5, s. 87; 2 Russ. C. L. 632.

(r) 2 Hawk. c. 14, s. 11.

(8) Williams v. Jones, Ca. temp. Hardw. 301.

(t) 1 Burn. 275; 3 Bla. Com. 288. (u) Wood. v. Lane, 6 C. & P.774; Peters v. Stanway, ib. 737; see Nicholl v. Darley, 2 Y. & Jer. 404. (v) 14 & 15 Vic. c. 93, s. 33. (w) For form, see ib. schedule.

certify his reason for the non-execution, the magistrate is not to be prevented from issuing a new warrant if the ends of justice. require it.

Backing warrants.] When the person is not to be found in the district in which the constable to whom the warrant is addressed acts, but is to be found elsewhere in the same county, then he is to certify on the warrant the place where he believes him to be, and also that the signature of the justice to the warrant is genuine (x). This warrant he is to transmit to the sub-inspector or head-constable of that place, to be executed; but if the offender is in another county, then he is to endorse the warrant with a like certificate, and transmit that to the inspector-general of constabulary to be backed (y). When the warrant shall have been so certified and transmitted, and the offender be in Ireland, (but not within the police district of the metropolis), the inspector-general, or either of the deputy inspector-generals shall endorse the warrant (2), which when so endorsed is to be transmitted to the sub-inspector of that place where the offender is, to be executed; and when the offender is in the police district of Dublin, the warrant is to be endorsed by the same persons in the same manner, and to be transmitted to the Commissioners of Metropolitan Police for execution. When the offender is in England, Scotland, or the Channel Islands, then the same endorsement is to be made, and the J. P. of the district where the offender is shall execute it (a). Warrants may also be backed from England, Scotland, and the Channel Islands to this country, by the endorsement of the inspector-general, or either of the sub-inspectors, or any J. P. within his jurisdiction (). It is also provided by 11 & 12 Vic. c. 42, s. 12, [Eng], that if any person against whom a warrant shall be issued in any county, riding, &c. in England or Wales, by any J. P. shall escape to or be suspected to be in Ireland, it shall be lawful for any J. P. in or for the county or place where such person shall go, to endorse in the manner pointed

(x) For form, see schedule, 14 & 15 Vic. c. 93.

(y) 14 & 15 Vic. c. 93, s. 26.
(2) For form, see 14 & 15 Vic., c.

93, sch.

(a) 14 & 15 Vic. c. 93, s. 27.
(b) 14 & 15 Vic. c. 93, s. 29.

out by the statute, such warrant; and when it is so endorsed it shall be a sufficient authority to the person bringing the same, or to all other constables of the place, to execute it in the usual manner and take the offender before the J. P. who granted the warrant. On return to a writ of habeas corpus it appeared that the prisoner was detained by virtue of a warrant, purporting to be issued by a Court of Quarter Sessions in Ireland, and which was duly backed by the endorsement of a metropolitan police magistrate. It stated that the prisoner "stood indictable in the peace office of the County of Tipperary" for a "rescue" and a "riot," and directed "the police of the County of Tipperary" to apprehend him and bring him so apprehended, in safe custody to keep, so that they might have his body before H. M. J. P. at the next sessions at," &c. It was held that the warrant was bad for not shewing any jurisdiction, the term "peace office" not being one to which the court could attach any definite and certain meaning. Also, that the warrant was bad for directing the police to keep the party in custody till the next sessions. Such a warrant should state that the party has not appeared and pleaded, or put in bail; also, that the court would take judicial notice that a "riot" was an offence against the laws of Ireland, sed quære, if so of a 66 rescue." R. v. Nesbitt, 2 D. & L. 529. These provisions also apply to judges' warrants (c). Warrant to arrest when indictment is found.] The mode by which a warrant to arrest a party against whom an indictment has already been found, is to be obtained, is pointed out to magistrates by the 14th & 15th Vic. c. 93. The 18th sec. of that statute enacts that whenever an indictment shall have been found by the grand jury in any Court of Oyer and Terminer or general gaol delivery, or at any general or quarter sessions of the peace in Ireland, against any person who shall then be at large, and who shall not already have appeared and pleaded to such indictment, and whether such person shall have been bound by recognizance to answer to the same or not, the person who shall

(c) 14 & 15 Vic. c. 93, s. 30; 11 & 12 Vic. c. 42, s. 12. As to backing warrants against offenders escaping from or to the British colonies, see Stat. 6 & 7 Vic. c. 34. As to

apprehending offenders escaping to France, Stat. 6 & 7 Vic. c. 75. And apprehending offenders escaping to America, Stat. 6 & 7 Vic. c. 76.

act as clerk of the crown, or as clerk of the peace at such sessions, shall, at any time after the end of the assizes or sessions at which such indictment shall have been found, upon application of the prosecutor or of some person on his behalf, send free from charge a certificate (d) of such indictment having been found; and upon production of such certificate to any justice. for the county in which the offence shall be alleged in such indictment to have been committed, or in which the person thereby indicted shall reside or be, or be suspected to reside or be, such justice shall issue his warrant to arrest such person, and to cause him to be brought before him, or some other justice for the same county, to be dealt with according to law; and upon such person being so brought before such justice, and upon its being proved upon oath, that the person so arrested is the same person who is charged and named in such indictment, such justice shall, without further inquiry, either commit him for trial or admit him to bail as by the act provided; and if the person so indicted shall at the time be confined in any gaol for any other offence than that charged in such indictment, such justice shall, upon like proof on oath that the person so confined is the same person who is so charged in such indictment, issue his warrant (e) to the keeper of such gaol, commanding him to detain such person in his custody until he shall be discharged therefrom by due course of law; but nothing therein contained is to be deemed to prevent any clerk of the crown, or peace, or other proper officer, from issuing any warrant in any such case, for the arrest of any such person which he might otherwise by law issue.

Arrest by officer without warrant.] If a justice of the peace see a felony or breach of the peace committed, or if a felon be in his presence, he may arrest and detain the offender until he can make out a warrant to send him to gaol, or he may verbally order any one present to assist him (f). And the general rules of law require of magistrates at the time of a riot, that they should keep the peace, and restrain the rioters, and pursue and

(d) See form ib. schedule to act. (e) For form, see schedule to act.

(f) 1 Hale, 587.

take them; and to enable them to do this, they may call on all the Queen's subjects to assist them, and the Queen's subjects are bound to do so on a reasonable warning (g). But a magistrate has no authority to detain a person known to him, until some other person makes a charge against him; before he detains a known person, he should have a charge actually made (h).

Arrest by sheriff or coroner.] A sheriff may arrest and commit to prison any one who breaks or attempts to break the peace in his presence, or he may take security by recognizance for the keeping of the peace (i). A coroner also, as a conservator of the peace in relation to felonies, may cause felons to be arrested (j).

By constable.] So a constable may, as a conservator of the peace, without warrant arrest a party whom he sees committing felony, and is also bound, upon a direct charge of felony and reasonable ground of suspicion laid before him, to apprehend the party accused (k); or if he has reasonable ground to suspect that a felony has been committed, he is authorized to detain the party until inquiry can be made by the proper authorities (/); but he should go at once before a magistrate (m). A constable is also authorized to take into custody any person whom he may find loitering at night, and whom he shall have good cause to suspect of having committed or being about to commit any felony against the 24th & 25th Vic. c. 96, s. 100. A constable cannot legally take a person into custody on a charge of felony made by another, if the charge rests on no reasonable ground; therefore where, in the statement made to the constable, it ought to have appeared (from the lapse of time and other cir

(g) R. v. Pinney, 5 Car. & P. 254. (h) R. v. Birnie, 5 Car. & P. 206; 1 M. & Rob. 160; Atkinson v. Carty, 1 J. & S. 387; for the duties of magistrates in suppressing riots and unlawful assemblies, see further the chapter on that subject, post.

(i) 2 Hawk. c. 8, s. 4. (j) 2 Hale, 88.

(k) Samuel v. Payne, 1 Dougl. 359; Ledwith v. Catchpole, Cald. 291; Beckwith v. Philby, 6 B. & C. 634 ; 9 D. & R. 487; Hobbs v. Brunds

with, Camp. 421; Davis v. Russell, 2 M. & P. 590, 5 Bing. 354; Cowles v. Dunbar, 2 Car. & P. 565, M. & M. 37; Nicholson v. Hardwick, 5 C. & P. 495, 1 Ch. C. L. 22; see as to what is a reasonable cause for giving a person into charge on suspicion of stealing, Masters v. Scully, 1 F. & F. 409; Osborne v. Veitch, ib. 317.

(1) Beckwith v. Philby, 6 B. & C.

635.

(m) Wright v. Court, 6 D. & R. 623; 4 B. & C. 596.