constable or person by name, without any general words, he must be acting in the arrest, although others may assist him in making it; Id. s. 39; if directed to two or more, any one of them may execute it; if directed to all constables, &c. generally, any constable within the jurisdiction of the justice granting the warrant, may execute it; or if directed to one person by name, "and to all other peace officers in the said county of," &c., generally, or the like, any such peace officer within the jurisdiction of the justice may make the arrest.

Formerly, if the warrant were directed to all constables generally, no constable could execute it out of his own immediate district; 2 Hawk. c. 13, s. 30; although if directed to a constable by name, he might execute it in any place within the magistrates' jurisdiction. But now, by stat. 5 G. 4, c. 18, s. 6, it shall be lawful for any constable, headborough, tithingman, borsholder, or other peace officer, for a parish, township, hamlet, or place, to execute any warrant of a justice of the peace, within any parish, township, hamlet, or place, situate within that jurisdiction for which such justice shall have acted when granting such warrant, or when backing or indorsing any such warrant, in like manner as if such warrant had been directed to such constable, &c. specially by name, and notwithstanding the place in which such warrant shall be executed shall not be within the parish, &c. for which he shall be constable, &c. See more upon this subject, post, tit. " Commitment."

Before an action can be brought against a constable, for any thing done by him, in obedience to a justices' warrant, a demand of a perusal and copy of the warrant must be made upon him if he do not give it, within six days, the plaintiff may bring his action against him alone; but if he give it, then the justice must also be made defendant in the action, otherwise the constable, on proof of the warrant at the trial, shall have a verdict; or if the plaintiff make the justice a party, the constable shall still be entitled to a verdict, but the plaintiff, if he recover against the justice, shall also recover against him any costs he may have been obliged to pay to the constable. 34 G. 2, c. 44, s. 6.

He who knowingly opposes an arrest of another for treason, is guilty of treason; if he oppose an arrest for felony, he will be accessory after the fact to the fact of the felony.

Arrest by a constable without a warrant.] If a constable, or indeed any private person, see another commit treason or felony, he may apprehend him; 1 Hale, 587; and of course whatever a private individual may do in this respect (vide infra), a constable may also do, the only difference being, that the constable must take the offender before a magistrate, but a private person may discharge himself of the offender by giving him in custody to the constable. 2 Hawk, c. 13,

s. 7. So a constable may apprehend any person, whom he shall see actually engaged in an affray, Id. s. 8, or other breach of the peace. So a constable may apprehend any person, who encourages a prisoner in his custody to resist, White v. Edmunds, Peake, 89, or otherwise obstructs him in the execution of his duty. Levy v. Edwards, 1 Car. & P. 40.

If a reasonable charge of felony against a person, be made to a constable, the constable will be justified in arresting him, without warrant, although it afterwards turn out that the person was perfectly innocent, or that no felony in fact had been committed. Samuel v. Payne et al. Doug. 359. Hobbs v. Branscomb, 3 Camp. 420. Davis v. Russell, 5 Bing. 354. Cowles v. Dunbar, Moody & M. 37. R. v. Ford, R. & Ry. 329. So on complaint to a constable that a man has threatened to kill another, the constable will be justified in arresting the party complained of, and detaining him, until he can conveniently take him before a magistrate. 2 Hale, 88. But it has been holden that a constable is not justified in apprehending a person as a receiver of stolen goods, on the mere assertion of the principal felon. Isaacs v. Brand, 2 Stark, 167. Nor is a constable justified in taking a person into custody for a mere assault, without warrant, unless he himself were present at the time the assault was committed, Coupey v. Henley, 2 Esp. 540, or there be a reasonable ground for apprehending a continuance or renewal of it; Baynes v. Brewster, 11 Law J. 5 m; and the same, as to all other breaches of the peace out of his view. 2 Hawk. c. 13, s. 8.

Or if a constable have a reasonable suspicion that a man has committed a felony, he may apprehend him. Ledwith v. Catchpole, Cald. 291. Lawrence v. Hedger, 3 Taunt. 14. Nicholson

v. Hurdwick, 5 Car. & P. 495. Beckwith v. Philby, 6 B. & C. 635. So may a private individual. The difference between the authority of the constable and the private person in this respect is, that the latter is justified only in case it turn out that a felony was in fact committed, but the constable may justify the arrest and detention, whether in fact a felony were committed or not. Id. per Lord Tenterden, C. J. And the ordinary grounds of justifiable suspicion are thus enumerated by Hawkins:-1st. The common fame of the country; 2nd. Living a vagrant, idle, disorderly life, without any visible means to support it; 3rd. Being in company with known offenders at the time the offence was committed, or at other times; 4th. Being found under circumstances inducing a strong presumption of guilt, as for instance, having stolen goods in his possession, and not being able to give an account of his having honestly come by them, or the like; 5th. Behaving in such a manner as to betray a consciousness of guilt, as by making no answer when charged with the offence, or absconding, or the like. 2 Hawk. c. 12, s. 9-14.

Arrest by a private person without warrant.] All persons present when a felony is committed or a dangerous wound given, not only may apprehend the offender, but they are bound to do so. 2 Hawk. c. 12, s. 1. And see Hancock v. Baker, 2 B. & P. 260. R. v. Hunt, Ry. & M. 93. And the same as to treason. Also, if a private person see another on the point of committing treason or felony, or doing an act which would manifestly endanger the life of another, he may lay hold on him, and detain him until it may be presumed that he has changed his purpose. Id. s. 19. So, it has been holden, that he may arrest one whom he sees cheating with false dice. Id. s. 20. So, if he be present at an affray, he may stay the affrayers until the heat is over, and then deliver them over to the constable, and he may stop others coming to join either party. Id. c. 13, s. 8. But after the affray is ended, the parties cannot be arrested without warrant. Id. 2 Inst. 52. So, upon a case of strong suspicion, a private person may justify the apprehending of another for felony, if in fact such a felony were committed. See Beckwith v. Philby, &c. ante, p. 129. But a suspicion that a party has committed a misdemeanor on a former occasion, will not justify a private person in giving him in charge to a constable; and there is no distinction in this respect between one kind of misdemeanor and another. Fox v. Gaunt, 3 B. & Ad. 798. And see Matthews v. Biddulph, 11 Law J. 13, m.

Any person found committing an offence, punishable either by indictment or upon summary conviction by stat. 7 & 8 G. 4, c. 29, (the Larceny Act,) or stat. 7 & 8 G. 4, c. 30, (the Malicious Injuries Act,) except the offence of angling in the day-time, may immediately be apprehended without warrant, by any peace-officer, or the owner of the property with respect to which the offence was committed, or by his servant, or by any person authorized by him, and forthwith taken before some neighbouring justice of peace. 7 & 8 G. 4, c. 29, s. 63. 7 & 8 G. 4, c. 30, s. 28. The offender in these cases must be either taken in the very act of committing the offence, or on fresh pursuit. Hanway v. Boultbee, 1 Moody & R. 15, R. v. Curran, 3 Car. & P. 397.

So, by the Vagrant Act, 5 G. 4, c. 83, s. 6, any person may apprehend a party found offending against that act, and take him before a justice, or deliver him to a constable. In this case also, the party must be taken, either in the act of committing the offence, or upon fresh pursuit. R. v. Howarth, 1 Ry. & M. 207.

Arrest by private person upon hue and cry.] Upon hue and cry raised or levied, a private person may arrest the alleged offender, 2 Hawk, c. 12, s. 4, 14, although no other circumstance of suspicion attach to him. 2 Inst. 52.

Arrest by a magistrate.] In all cases where a constable or private person may arrest without warrant, a magistrate of course may do so. 2 Hawk. c. 13, s. 13. So, he may lawfully, by word of mouth, authorize any one to arrest a person, who is guilty of a felony or an actual breach of the peace in his presence; Id. s. 14. 2 Hale, 86; and such command is a good warrant, without writing. 2 Hale, 86.

When.] An arrest without warrant may be made at any time, even on a Sunday. Also, as a warrant, in ordinary cases, is not returnable at any particular time, no time is in fact limited for making the arrest under it: but it should be made without any unnecessary delay. Where a warrant re quired the constable to arrest the party, to the end that he might become bound to appear at the next sessions, &c., this was holden to mean the next sessions after the arrest, and not merely the next sessions after the granting of the warrant, and that therefore an arrest after the latter sessions was good. Mayhew v. Parker, 8 T. R. 110. By stat. 21 C. 2, c. 7, s. 6, an arrest under a warrant cannot be made on a Sunday, "except in cases of treason, felony, or breach of the peace;' but a very liberal construction is put upon these latter words; and therefore it has been holden, that a warrant to apprehend a man, that he might find sureties for his good behaviour, was not within the act, but rather within the exception, and that the party therefore might be taken on a Sunday. Johnson v. Colston, T. Rayn. 250. But it has been decided that a warrant for penalties under the Lottery Act, at the suit of a common informer, being merely in the nature of an execution in a civil action, could not legally be executed on a Sunday. R. v. Myers, 1 T. R. 265. The arrest, with or without warrant, may be made in the night-time, as well as in the day. 9 Co. Rep. 66.

Where.] An arrest without warrant, may be made anywhere; an arrest under a warrant, anywhere within the jurisdiction of the justice granting or backing it. See post, tit. "Commitment."

How.] An arrest 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. If the party arrested demand to see the warrant, the constable, if he be a known officer, and acting within his precinct, is not 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 arrested the cause of the arrest. If the party to be arrested be in a house, and the doors be fastened, then, according to Hawkins, the doors may be broken open to arrest him (after first demanding admittance and being refused,) in the following cases: 1st, upon a capias, on an indictment; 2nd, upon a warrant on a conviction, or for the purpose of his finding sureties for the peace or good behaviour; 3rd, where one, known to have committed treason or felony, or to have given another a dangerous wound, is pursued by a constable or private person, with or without warrant; 4th, where an affray is made in a house, in the view or hearing of a constable, or where affrayers fly to a house, and are immediately pursued by the constable; 5th, where a person lawfully arrested escapes and flies to a house: in these several cases, the doors of the house may be broken open to arrest the party or to suppress the affray, if upon demand made for the purpose, the parties within refuse to open them. 2 Hawk. c. 14, s. 1-9. And the same, upon a warrant on a charge or suspicion of felony. 2 Hale, 117. So, where a private person, without warrant, broke open the door of a house, and imprisoned the occupier, to prevent him from murdering his wife, he was holden to be justified. Handcock v. Baker, 2 B. & P. 260. And it is immaterial whether it be the party's own house, or the house of a stranger, except that in the latter case the officer is justified only in case the party he seeks be actually in the house at the time. 2 Hale, 117.

Where a party may lawfully be arrested for felony, and he, knowing the cause, flies or resists, so that he cannot be taken otherwise than by killing him, the constable pursuing him will be justified in killing him; or a private person will in like manner be justified, if he can prove that the deceased was actually guilty of the felony. 2 Hale, 118, 119. But where the offence for which the party is to be arrested is a misdemeanor only, even a constable will not be justified in killing him, although he cannot otherwise be taken; Id. 117; unless indeed he assault the officer, for the purpose of escaping from him, in which case, if the officer, in standing on his guard (for he need not retreat, as in the ordinary cases of se defendendo,) kill him, this will not be felony. Id. 118.

Where a party is arrested upon a charge or suspicion of crime, if the arrest be made by a constable, he should take him before a justice of the peace, as soon as it is possible for him to do so, see Wright v. Court, 4 B. & C. 596, and in the