son in cer tain cases. PART XIII. COMPELLING APPEARANCE OF ACCUSED BEFORE JUSTICES. Arrest without Warrant. 646. Any person may arrest without warrant any one who is By any per- found committing any of the offences mentioned in sections,(a) seventy-four, treason; seventy-six, accessories after the fact to treason; seventy-seven, seventy-eight, and seventynine, treasonable offences; eighty, assaults on the King; eighty-one, inciting to mutiny; (b) ninety-two, offences respecting the reading of the Riot Act; ninety-six, riotous destruction of property; ninetyseven, riotous damage to property; (c) one hundred and twenty-nine, administering, taking or procuring the taking of oaths to commit certain crimes; one hundred and thirty, administering, taking or procuring the taking of other unlawful oaths; (d) one hundred and thirty-seven, piracy; one hundred and thirty-eight, piratical acts; one hundred and thirty-nine, piracy with violence; (e) one hundred and eighty-five, being at large while under sentence of imprisonment; one hundred and eighty-seven, breaking prison; one hundred and eighty-nine, escape from custody or from prison; one hundred and ninety, escape from lawful custody; (f) two hundred and two, unnatural offence; (g) two hundred and sixty-three, murder; two hundred and two, intentionally endangering persons on railways; two hundred and eighty-three, wantonly endangering persons on railways; two hundred and eighty-six, preventing escape from wreck; (i) two hundred and ninety-nine, rape; three hundred, attempt to commit rape; three hundred and one, defiling children under fourteen; (j) three hundred and thirteen, abduction of a woman; (k) three hundred and fifty-eight, theft by agents and others; three hundred and fifty-nine, theft by clerks, servants and others; three hundred and sixty, theft by tenants and lodgers; three hundred and sixty-one, theft of testamentary instruments; three hundred and sixty-two, theft of documents of title; three hundred and sixty-three, theft of judicial or official documents; three hundred and sixtyfour, three hundred and sixty-five and three hundred and sixty-six, theft of postal matter; three hundred and sixtyseven, theft of election documents; three hundred and sixty-eight, theft of railway tickets; three hundred and sixty-nine, theft of cattle; three hundred and seventy-one, theft of oysters; three hundred and seventy-two, theft of things fixed to buildings or land; three hundred and seventynine, stealing from the person; three hundred and eighty, stealing in dwelling-houses; three hundred and eightyone, stealing by picklocks, etc.; three hundred and eightytwo, stealing from ships, docks, wharfs or quays; three hundred and eighty-three, stealing wreck; three hundred and eighty-four, stealing on railways; three hundred and eighty-eight, stealing in manufactories; three hundred and ninety-one, public servant refusing to deliver up chattels, money valuables, security, books, papers, accounts or documents; three hundred and ninety-eight, bringing stolen property into Canada; (1) three hundred and ninety-nine, receiving property obtained by crime; (m) four hundred and ten, personation of certain persons; (n) four hundred and forty-six, aggravated robbery; four hundred and forty-seven, robbery; four hundred and fortyeight, assault with intent to rob; four hundred and fortynine, stopping the mail; four hundred and fifty, compelling execution of documents by force; four hundred and fifty-one, sending letter demanding with menaces; four hundred and fifty-two, demanding with intent to steal; four hundred and fifty-three, extortion by certain threats; (0) four hundred and fifty-five, breaking place of worship and committing an indictable offence; four hundred and fifty-six, breaking place of worship with intent to commit an indictable offence; four hundred and fifty-seven, burglary; four hundred and fifty-eight, housebreaking and committing an indictable offence; four hundred and fiftynine, housebreaking with intent to commit an indictable. offence; four hundred and sixty, breaking shop and committing an indictable offence; four hundred and sixtyone, breaking shop with intent to commit an indictable offence; four hundred and sixty-two, being found in a dwelling-house by night; four hundred and sixty-three, being armed, with intent to break a dwelling-house; four hundred and sixty-four, being disguised or in possession of housebreaking instruments; (p) four hundred and sixty-eight, four hundred and sixtynine and four hundred and seventy, forgery; four hundred and sixty-seven, uttering forged documents; four hundred and seventy-two, counterfeiting seals; four hundred and seventy-eight, using probate obtained by forgery or perjury; five hundred and fifty, possessing forged bank notes; (q) four hundred and seventy-one, making, having or using instrument for forgery or having or uttering forged bond or undertaking; four hundred and seventy-nine, counterfeiting stamps; four hundred and eighty, injuring or falsifying registers; (r) one hundred and twelve, attempt to damage by explosives; five hundred and ten, mischief; five hundred and eleven, arson; five hundred and twelve, attempt to commit arson; five hundred and thirteen, setting fire to crops; five hundred and fourteen, attempting to set fire to crops; five hundred and seventeen, mischief on railways; five hundred and twenty, mischief to mines; five hundred and twentyone, injuries to electric telegraphs, magnetic telegraphs, electric lights, telephones and fire alarms; five hundred and twenty-two, wrecking; five hundred and twenty-three, attempting to wreck; five hundred and twenty-six, interfering with marine signals; (s) five hundred and fifty-two, counterfeiting gold and silver coin; five hundred and fifty-six, making instruments for coining; five hundred and fifty-eight, clipping current coin; five hundred and sixty, possessing clippings of cur- Arrest without warrant.]-See also sec. 33. 647. A peace officer may arrest, without warrant, any one By peace who has committed any of the offences mentioned in the sections officer in the in the last preceding section mentioned or in sections, (a) four hundred and five, obtaining by false pretense; four hundred and six, obtaining execution of valuable securities by false pretense; (b) five hundred and twenty-five, injuring dams, etc., or (c) five hundred and forty-two, cruelty to animals; five Arrest without warrant.]-See also sec. 33. 648. A peace officer may arrest, without warrant, whom he finds committing any criminal offence. above and other cases. 2. Any person may arrest, without warrant, any one whom By any perhe finds committing any criminal offence by night. 58-59 V., son by night. c. 40, s. 1. Summary trial.]-Where the accused found committing a criminal offence is arrested without warrant by a peace officer, and on being brought before a police magistrate a written charge not under oath is read over to him, and he thereupon consents to be tried summarily, the police magistrate has jurisdiction to try the case, although no information has been laid under oath. The King v. McLean, 5 Can. Cr. Cas. 67. Arrest without warrant.]--See also sec. 33. 649. Any one may arrest without warrant a person whom By any he, on reasonable and probable grounds, believes to have com- person on mitted a criminal offence and to be escaping from, and to be pursuit. fresh By owner of property. By officer in His Majesty's service. By peace officer. When to be brought be fore justice. freshly pursued by, those whom the person arresting, on reasonable and probable grounds, believes to have lawful authority to arrest such person. 55-56 V., c. 29, s. 552. Arrest on fresh pursuit.]-Where a servant saw the deceased commit an offence, and immediately called his master, who came in a quarter of an hour and pursued and captured the offender who had gone away; held a case of arrest on fresh pursuit. R. v. Howarth, 1 Mood. C.C. 207. When a constable, being assaulted in performing his duty, went for help, and returned in an hour and arrested the accused, it was held not to be a case of arrest on fresh pursuit. R. v. Marsden, L.R. 1 C.C.R. 131. Pursuit after a delay of two hours is not fresh pursuit. Downing v. Capel, L.R. 2 C.P. 461; Leete v. Hart, 37 L.J.C.P. 157. A person was seen in the act, and the parties who saw him went at once for a constable, who followed and arrested the culprit a mile distant. It was held a case of arrest on fresh pursuit. Hanway v. Boultbee, 1 Mood. & Rob. 15. Unsworn statements made to the officer, to the effect that the person had committed a larceny on the previous day, are insufficient to justify a constable in the service of a municipality in taking a person into custody and depriving him of his liberty, on a criminal charge, without any sworn complaint having been made, and without a warrant issued by competent authority, more especially where there was no reason to suspect that he would attempt to evade arrest. Musseau v. City of Montreal, Q.R. 12 S.C. 61. 650. The owner of any property on or with respect to which any person is found committing any criminal offence, or any person authorized by such owner, may arrest, without warrant, the person so found, who shall forthwith be taken before a justice to be dealt with according to law. 58-59 V., c. 40, s. 1. 651. Any officer in His Majesty's service, any warrant or petty officer in the navy, and any non-commissioned officer of marines may arrest without warrant any person found committing any of the offences mentioned in section one hundred and forty-one. 55-56 V., c. 29, s. 552. 652. Any peace officer may, without a warrant, take into custody any person whom he finds lying or loitering in any highway, yard or other place during the night, and whom he has good cause to suspect of having committed or being about to commit, any indictable offence, and may detain such person until he can be brought before a justice to be dealt with according to law. 2. No person who has been so apprehended shall be detained after noon of the following day without being brought before a justice. 55-56 V., c. 29, s. 552. |