Payment of Constable's Expenses.]-The statute contains a form of order upon the treasurer for the payment of the constable's expenses in conveying the accused, pursuant to the 23rd section.

Offences committed on the high seas or abroad.]— When any indictable offence is committed on the high seas, or in any creek, harbour, &c., within the jurisdiction of the Admiralty, or in any parts abroad, power is given to any justice within whose jurisdiction the party happens to be to cause him to be apprehended and brought before him to answer to the charge: (section 2.) And in such case the following directions are given as to the warrant:—

WARRANT ΤΟ APPREHEND A PERSON CHARGED WITH AN INDICTABLE OFFENCE, COMMITTED ON THE HIGH SEAS OR

ABROAD.

For offences committed on the high seas the warrant may be the same as in ordinary cases, but describing the offence to have been committed "on the high seas, out of the body of any county of this realm, and within the jurisdiction of the Admiralty of England."

For offences committed abroad for which the parties may be indicted in this country, the warrant also may be the same as in ordinary cases, but describing the offence to have been committed “on land, out of the United Kingdom, to wit, at

66 ;" or at

in the kingdom of

Warrant may be granted and executed on α Sunday.]-Any warrant of apprehension before mentioned may be granted and executed on a Sunday: (section 4.)

Search Warrant.]-It not unfrequently occurs that, without any direct proof of guilt existing against a party, there is, nevertheless, evidence of his possession of stolen goods, which the owner is in a condition to identify. In such a case, criminal proceedings are often initiated by an application to a justice for a search

warrant, which being granted, the suspected premises are searched by a constable, when, should the goods be discovered, they are taken possession of, and the occupier of the premises whereon they are found is himself apprehended, and brought before the magistrate to answer the charge either of having stolen, or received them knowing them to have been stolen.

How to obtain a Search Warrant.]—When, therefore, a party whose goods have been stolen has reasonable grounds for suspecting that they are upon the premises of some particular person, he should go before a justice having jurisdiction in the district where the premises are situate, and make oath by himself or his witnesses of the facts upon which he founds his application; and upon satisfying the justice, either that the goods were stolen, or that there is reason to suspect they are stolen, and that there is also reason to believe they are upon the premises indicated, he will grant his warrant not only to search the premises and seize the goods, but to apprehend the party in whose possession they may be found: (Elsee v. Smith, 1 Dowl. & Ry. 97.) Under the Larceny Act, 7 & 8 Geo. 4, c. 29, it is enacted by section 63, that if any credible witness shall prove upon oath before a justice of the peace a reasonable cause to suspect that any person has in his possession, or on his premises, any property whatsoever, on or with respect to which any offence punishable by that act, either upon indictment or summary conviction shall have been committed, the justice may grant a warrant to search for such property as in the case of stolen goods.

Manner of executing a Search Warrant.]—Great caution should be observed in executing this warrant. The constable to whom it is directed will be the party intrusted with it, but he should be accompanied to the premises by the owner of the property, or some other person who is enabled to point out and swear to the goods in question. If the premises are closed, and the

constable is denied admission after demand and disclosing his authority and the object of his visit, they may be forced open by him. In making the search, care must be observed that no other goods than those designated in the warrant, or such as have been actually stolen, be seized: (Crozier v. Cundy, 6 B. & C. 232.) Should the goods sought for be found, the constable will seize and keep them in his possession, and he will then also, by virtue of his warrant, apprehend the person on whose premises they have been found, and take him before the magistrate to answer the charge which will then be preferred against him.

Form of Search Warrant.]-The following may be the form of the warrant:

and to all other peace officers

Whereas A. B., of in the said county (yeoman), hath this day made information and complaint on oath before me, J. P., esquire, one of Her Majesty's justices of the peace in and for the said (county), that the following goods, to wit (here specify the articles stolen, or some portion thereof), the property of the said A. B., have lately been feloniously stolen, taken and carried away from a certain dwelling-house and premises at the in the said county, and that he hath just cause to suspect, and doth suspect, that the said goods, or some part thereof, are concealed in the (dwelling-house) and premises of C. D., in the said (county), (labourer): these are therefore to authorize and command you, or one of you, with proper assistance, to enter the said (dwelling-house) and premises of the said C. D. in the day-time, and there diligently search for the said goods; and if the same, or any part thereof, shall be found upon such search, that you bring the goods so found, and also the body of the said C. D., without delay before me, or some other justice of the peace for the said (county), to be dealt with according to law.

of

Search Warrant may be granted and executed on a Sunday.]-By the 4th section of the 11 & 12 Vict. c. 42, a search warrant may be granted and issued on a Sunday, and consequently may be executed on that day.

Importance of obtaining a Search Warrant in the first instance.]-In very many cases, particularly where the charge is likely to mould itself into one of receiving goods knowing them to have been stolen, the obtaining of a search warrant in the first instance will be the most advisable course, since the prosecutor is thereby enabled at the same time both to seize the goods upon the premises before they are made away with (and so obtain cogent evidence in support of his case), and apprehend the party suspected of guilt in the transaction; whereas, if a warrant to apprehend merely be obtained in the first instance, great, if not insurmountable difficulties may afterwards be experienced in getting at the property, and thus a case, otherwise almost conclusive, may entirely fail for want of the necessary evidence for its support.

CHAPTER IX.

APPEARANCE AND NON-APPEARANCE OF THE PARTIES -COMPELLING ATTENDANCE OF

WITNESSES-AD

JOURNMENTS, ETC.

Proceedings when party apprehended without warrant.]—If the party has been apprehended without warrant, he may be immediately taken before a justice, and the case at once be disposed of. It is rarely, however, that an examination immediately upon the arrest can conveniently be gone into; and where this is 80, the prosecutor will be informed of the time and place when and where it will be necessary for himself and his witnesses to attend.

Duty of Prosecutor to be in attendance.]-It will therefore be the duty of the prosecutor to be in attendance ready to substantiate his charge at the time and place indicated, and to wait in attendance until the case is called on. Should the prisoner have been apprehended upon a warrant, the charge will then be proceeded with, unless for some sufficient reason the justices think fit to adjourn it to a future time,

Non-appearance of Defendant upon being summoned -Proceedings thereupon.]-If the party has only been summoned, and he do not appear, his name should be called in the purlieus of the court, so that no doubt should exist of his having failed to obey the summons. The 9th section of 11 & 12 Vict. c. 42, describes the course of proceeding where the party fails to appear upon the summons, and it enacts