is a felony or other crime actually committed, without which no warrant should be granted; as, also, to prove the cause and probability of suspecting the party against whom the warrant is prayed.

10. What is the proper form of a warrant by a justice of the peace? -290, 291.

It ought to be under the hand and seal of the justice; should set forth the time and place of making, and the cause for which it is made; and should be directed to the constable, or other peace officer (or, it may be, to any private person by name), requiring him to bring the party either generally before any justice of the peace for the county, or only before the justice who granted it; the warrant in the latter case being called a special

warrant.

11. Is a general warrant to apprehend all persons suspected, without naming or particularly describing any person in special, illegal and void; and why?-291.

It is illegal and void for its uncertainty; for it is the duty of the magistrate, and ought not to be left to the officer, to judge of the ground of suspicion.

12. Is a warrant to apprehend all persons guilty of a crime therein specified, a legal warrant ?—291.

It is not; for the point upon which its authority rests, is a fact to be decided on a subsequent trial; namely, whether the person apprehended thereupon be really guilty or not. It is, therefore, in fact, no warrant at all, for it will not justify an officer who acts under it; whereas a warrant, properly penned (even though the magistrate who issues it should exceed his jurisdiction), will, by statute, at all events, indemnify the officer who executes the same ministerially.

13. Where may warrants be executed?-291, 292.

A warrant from the chief, or other justice of the court of king's bench, extends all over the kingdom, and is teste'd, or dated, England; not of any particular county. But the warrant of a justice of the peace in one county, as Yorkshire, must be backed, that is, signed by a justice of the peace in another, as Middlesex, before it can be executed there.

14. By what officers may arrests without warrant be executed? -292.

By, 1. A justice of the peace; 2. The sheriff; 3. The coroner; 4. The constable; 5. Watchmen.

15. May any private person that is present when a felony is committed, arrest the felon ?-292, 293.

Yes, he is bound by law to do so, on pain of fine and imprisonment, if the felon escapes through his negligence as a stander-by. And he may justify breaking open doors upon following such felon.

16. May a private person, upon probable suspicion, arrest a felon, or other person suspected of felony ?-293.

Yes; but he cannot justify breaking open doors to do it.

17. If either party kill the other in such attempt, why is it no more than manslaughter?-293.

It is no more, because there is no malicious design to kill; but it amounts to so much, because it would be of most pernicious consequence, if, under pretense of suspecting felony, any private person might break open a house, or kill another; and, also, because such arrest upon suspicion is barely permitted by the law, and not enjoined, as in the case of those who are present when a felony is committed.

18. What is arrest by a hue and cry?-293.

It is a species of arrest, wherein both officers and private men are concerned, made when a hue and cry is raised upon a felony committed. 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.

CHAPTER XXII.

OF COMMITMENT AND BAIL.

1. What is the justice, before whom a prisoner is brought, bound at once to do?-296.

To examine the circumstances of the crime alleged, by taking in writing the examination of such prisoner, and the information of those who bring him.

2. What should, then, be done with the prisoner?-296.

If upon the examination of the party arrested, it manifestly appears either that no such crime as alleged was committed, or that the suspicion entertained of the prisoner was wholly groundless, in such cases only it is lawful totally to discharge him; otherwise he must either be committed to prison, or give bail, that is, put in securities for his appearance to answer the charge against him.

3. When should bail be taken ?-297, 298.

The commitment being only for safe custody, whenever bail will answer the same intention, it ought to be taken, as in most of the inferior crimes; but in felonies, and other offenses of a capital nature, no bail can be a security equivalent to the actual custody of the person.

4. What offense is it to refuse or delay to bail any person bail

able?-297.

It is an offense against the liberty of the subject in any magistrate, by the common law, as well as by statute.

5. What if the magistrate take insufficient bail?-297.

He is liable to be fined, if the criminal does not appear: on the other hand, excessive bail ought not to be required.

6. Why, in cases where the imprisonment is only for safe custody before the conviction, and not for punishment afterward, is bail ousted or taken away, whenever the offense is of a very enormous nature?-298.

Because then the public is entitled to demand nothing less

than the highest security that can be given, viz., the body of the accused, in order to insure that justice shall be done upon him, if guilty.

7. Before the conquest what offenses were bailable?-298.

All felonies, till murder was excepted by statute.

8. What court may bail for any crime whatsoever ?-299.

The court of king's bench; be it treason, murder, or any other offense, according to the circumstances of the case.

9. In imprisonment for safe custody only, how should the prisoner be treated?-300.

He should be used with the utmost humanity, and not subjected to other hardships, than such as are absolutely requisite for the purpose of confinement only.

CHAPTER XXIII.

OF THE SEVERAL MODES OF PROSECUTION.

1. In what ways are offenders prosecuted?—302.

Their prosecution, or the manner of their formal accusation, is either upon a previous finding of the fact by an inquest or grand jury, or without such previous finding.

2. In what ways do grand juries find?-301. Either by presentment or indictment.

3. What is a presentment, properly speaking ?-301.

It is the notice taken by a grand jury of any offense, from their own knowledge or observation, without any bill of indictment laid before them; as the presentment of a nuisance, a libel, and the like.

4. What is an inquisition of office?-301.

The act of a jury, summoned by the proper officer to inquire of matters relating to the crown, upon evidence laid before them.

5. What is an indictment?-302.

It is a written accusation of one or more persons of a crime or misdemeanor, preferred to, and presented upon oath by, a grand jury.

6. Of what number may the grand jury consist ?-302.

Of twelve at the least, and not more than twenty-three, that twelve may be a majority.

7. Who instructs the grand jury?-303.

The judge who presides upon the bench.

8. Of what nature is the finding of an indictment?—303.

Only in the nature of an inquiry or accusation, which is afterward to be tried and determined, and the grand jury are only to inquire, upon their oaths, whether there be sufficient cause to call upon the party to answer it.

9. Should a grand jury be thoroughly persuaded of the truth of an indictment?-303.

They should so far as their evidence goes.

10. Where, in general, must all offenses be inquired into, as well as tried?-303.

In the county where the act was committed.

11. If larceny be committed in one county, and the goods carried into another, where may the offender be indicted?—305.

In either, for the offense is complete in both.

12. To find a bill, what number of the grand jury must agree?-306. At least twelve.

13. What things must be precisely and sufficiently ascertained in an indictment?-306.

All indictments must set forth the christian name, surname,