pointing a commissioner for that purpose. Where it is sold and the sale is reported and the report confirmed, the final decree is made dividing the proceeds of the sale amongst the parties according to their respective interests and directing the commissioners to make a proper deed to the purchaser.

§ 692. Arrest.—The criminal law having been violated, the question arises, how shall the offender be brought to punishment? And first, of arrest, which is the taking into custody an alleged offender, in order that he may be tried. The arrest may be made by an officer or any citizen with a warrant, by an officer or citizen without warrant, by any person upon hue and cry.

§ 693. Warrant for arrest.-A warrant is a writ directed to a sheriff, constable or officer, or other person named, requiring him to apprehend and bring before the magistrate or court, from which the writ issues, the per

son named in the writ as the offender. The warrant, when issued by a magistrate, is based upon an oath made by some citizen charging the person named therein with the violation of some criminal law. When issued by a court, it is based upon an indictment found by the grand jury, or upon an information filed by the public prosecutor. It is the duty of the officer, or person charged with the duty of serving the warrant to make the arrest without delay, and this is done by notifying the alleged offender named in the warrant that he is arrested. It is proper and usual to lay hands on the accused. A mere touching with the fingers is enough, and even this may be waived by the defendant if he submits to arrest. question is raised as to the authority of the officer or person making the arrest, it is customary for him to show the warrant, though this is not necessary, if he state the substance of the writ. If the offender knows the person to be an officer, no further notice is required, and so if the officer exhibits his badge of office.

If a

§ 694. When warrant void and when valid.-A warrant issued by a magistrate or court which has no jurisdiction of the offense charged gives no authority to the officer or person named to make the arrest. It must appear to be based upon some formal accusation made before a competent magistrate or tribunal, and to charge the person named therein with the commission of a specific offense; and it must bear the seal or signature of the court or magistrate who issued it. Mere clerical or formal errors are immaterial and will not destroy the validity of the writ. If an officer makes an arrest upon a void and illegal writ, he does so at his peril, and if the person apprehended is innocent, the officer may be liable in damages for false imprisonment.

§ 695. Arrest by officer without warrant.—An officer is in duty bound to arrest for felony without warrant where there is reasonable ground for suspecting the party to be guilty. If a crime or misdemeanor is committed in his presence, he may arrest the offender. If he is informed by others that a crime has been committed he must act with discretion and prudence and upon reasonable grounds. It is the safer course always, when time will permit, to delay making arrest upon information without warrant and require those making the complaint or charge to make oath to it before a proper magistrate. The question in all such cases for the officer is, has he good grounds to believe that a crime has been or is about to be committed?

The better view seems to be that an officer can not arrest a person without a warrant for minor offenses, except where committed in his presence. Some courts require also that it must amount to a breach of the peace.

§ 696. Arrest by private person.-Private persons who are called upon by a proper officer to assist in making an arrest for felony must obey, and it is an offense against the law to refuse. In cases of felonies, if a private person without warrant has reasonable ground to suspect another of being the guilty party, he may, if acting without malice and in good faith, make the arrest, and for doing so he is not liable civilly or criminally if the arrested person proves to be innocent. To protect a private person who makes an arrest for felony without warrant, it is necessary that a felony should have been committed, and that the person had good ground to believe that the person arrested was the guilty party. An officer is protected in such case if he have reasonable

ground to believe that the party is guilty, whether a felony has been committed or not.

§ 697. Arrest upon hue and cry. If a crime has been committed and an officer or people are in pursuit of a suspected offender, any citizen acting in good faith. may apprehend the person pursued and keep him in custody until he has opportunity to deliver him to the officers of the law.

§ 698. What an officer may do in serving warrant and making arrest.-An officer with a warrant for the arrest of a person may pursue him to his home, and if necessary he may break down the doors. A private person without a warrant, who has good reasons for believing that one has committed a felony, may use the same force in making the arrest, though if the party arrested prove to be innocent an action for damages would lie against the persons so breaking open doors without warrant. Mere suspicion of guilt will not justify such a course on the part of a private 'person. If an offender secretes himself in the house of another, the right to arrest him and to use force is the same as if he were in his own house. Upon proper affidavits magistrates issue search-warrants for stolen goods, and an officer having such a warrant may break open doors, trunks, etc., in prosecuting his search. Before resorting to such violence, however, he should make a demand for peaceful entrance and for the keys of trunks or chests in which the stolen goods are suspected to be.

§ 699. Extradition.-Where one who has committed a crime in one state flees to another, his arrest may be accomplished by means of a writ of extradition. This writ is issued by authority of the state where the fugitive