General requisites

of the warrant.

Warrant should direct a

search in the daytime.

Where the

warrant

the goods are found

mentioned in the warrant under which he acts, is necessarily a trespasser. In this case there must be verdict for the plaintiff for one shilling." Crozier v. Cundey, 6 B. & C. 232. This case shows how very material it is accurately to describe the things intended to be searched for, and it is an authority to show that where any articles, which may furnish evidence of the commission of a felony, are found on executing a search warrant for any goods obtained by the commission of that felony, those articles may also be seized, although they are not mentioned in the warrant. This position would seem to rest upon the universally-sanctioned practice of seizing and producing in evidence, not only such articles as tend to prove the commission of a larceny, but also a murder or any other offence against the person.

By the Larceny Act the search warrant is to be granted "as in the case of stolen goods," and therefore all the authorities as to a search warrant for stolen goods, will apply to a warrant granted under that Act; and although the other Acts do not contain the like terms, yet a warrant issued under them should, as to its general requisites, follow the same form as has been sanctioned in the case of stolen goods.

The warrant should only authorise a search in the day-time; for it does not seem settled that a warrant can be issued to search even for stolen goods in the night, and under the Offences against the Person and Malicious Injuries Acts, the search must be in the day-time.

A search warrant for stolen goods, directs the may direct constable, in case the goods are found, to bring the the person person in whose possession they are found before the in whose justice; and as the warrant recites an information possession that the goods have been stolen, and are concealed in his premises, it may be that such a warrant, supto be ap- ported by the fact that the goods are found in his prehended. possession, is valid; but there certainly are cases under these Acts where a search warrant may be issued, and the articles found under it, and yet the person in whose possession they are found be guilty of no offence. For instance, it is easy to conceive that a forged instrument may be in the

possession of a person who neither forged it nor intends to utter it. In such a case there can be no lawful authority to apprehend, and therefore the search warrant ought not to direct the constable to apprehend the person, in whose possession the articles mentioned in the warrant may be found. In every case, therefore, where a search warrant is applied for under any of these Acts, the justice should be satisfied that, if the articles are found in the possession of the person suspected to have them, there is reasonable cause to believe that he has been guilty of some offence punishable under these Acts, before he grants a search warrant authorising his apprehension; and in any case of doubt it will be much safer to grant a warrant merely authorising the seizure of the article. If the article be found, and the facts warrant it, an ordinary warrant for the apprehension of the person in whose possession it was found, may be afterwards issued, and the case dealt with in the ordinary course.

To wit.

(No. 1.)

Informations to obtain a Search Warrant.

C.D., of

UNDER THE LARCENY ACT.

BE it remembered that on the

,

day of

A.D. 186 at in the said [county] in the said [county] labourer, a credible witness, comes before me, the undersigned, one of Her Majesty's justices of the peace in and for the said [county], and upon his [oath] now duly made by him before me the said justice, informs me the said justice that * on the day of [or within days last past, as the case may be] divers goods and chattels of him the said C.D., to wit [(a) two coats, twelve silver spoons, &c., describe the articles stolen accurately], were feloniously stolen from [the

(a) Here state the property correctly which is supposed to be concealed, and describe the offence against the act by which it has been obtained, whether it be by larceny, embezzlement, false pretences, or any offence punishable on summary conviction.

dwelling-house] of him the said C.D., situate at in the said [county] by [some person unknown], and that he has reasonable and probable cause to suspect and verily does suspect that the said goods and chattels are concealed in the [dwelling-house] of E.D., of

in the said [county], labourer; * for he the said C.D., upon his said [oath] says that [here set forth the grounds of suspicion, which must be reasonable].* And thereupon the said C.D. prays that justice may be done in the premises.

Exhibited and sworn before me at the time and place aforesaid.

J.S.

(No. 2.)

UNDER THE OFFENCES AGAINST THE PERSON AND MALICIOUS INJURIES ACTS.

Proceed as in the last form to the first asterisk.]* He the said C.D. has reasonable and probable cause to suspect and verily does suspect that divers, to wit, fifty pounds weight of gunpowder [gunpowder, explosive or noxious substance or thing, machine, engine, instrument, or thing] are kept [made, kept, or carried] for the purpose of being used in committing (a) [any of the felonies mentioned either in the Offences against the Person Act or Malicious Injuries Act] in the house [house, mill, magazine, storehouse, shop, cellar, yard, wharf, or other place; carriage, waggon, cart, ship, boat, or vessel] of one S.B., at in the said [county]; for he the said C.D. upon his said [oath] says that [here set forth the grounds of suspicion, which must amount to a "reasonable cause"]. thereupon, &c. [conclude as in the last form from the third asterisk].

And

(a) Here state, if it be practicable, the felony intended to be com mitted.

(No. 3.)

UNDER THE FORGERY AND COIN ACTS.

Proceed as in the last form to the second asterisk.] E.F., of in the said [county], labourer, has in his custody, &c. [custody or possession], without lawful authority or excuse, a certain mould for making paper in imitation of the paper used for the notes and bills of the Governor and Company of the Bank of England [or a certain forged Bill of Exchange purporting to be for the payment of 201., and to be drawn by one S.T. and accepted by one R.W., or as the case may be] (a), in his [dwelling-house] at in the said the last form

[county];

for he, &c. [conclude as in

from the last asterisk].

Search Warrant.

To wit.

To the Constable of

WHEREAS it appears to me, the undersigned, one of Her Majesty's justices of the peace in and for the said [county], by the information on [oath] of C.D., of , in the said [county], a credible witness, that [here state the matter alleged by the informant in the manner in which it is stated in the preceding Informations, beginning at the first and ending at the second asterisk in form No. 1, in cases under the Larceny Act; and beginning at the first and ending at the last asterisk in form No. 2, in cases under the Offences against the Person and Malicious Injuries Acts; and beginning at the first asterisk and proceeding to the second asterisk in form No. 2, and then proceeding with form No. 3 to the asterisk, in cases under the Forgery and Coin Acts].

These are, therefore, in the name of our said Lady the Queen to authorise and require you, with necessary and proper assistants, to enter in the day-time into the said [dwelling-house] of the said E.F., at the [county] aforesaid [this description must accord

in

(a) See s. 46 of the Forgery Act, ante, p. 309; and s. 27 of the Coin Act, ante, p. 336, for the things that may be searched for.

with the Information], and there diligently to search for the said goods [as in the Information], and if the same, or any part thereof, shall be found upon such search, that you bring the same (a) * and also the body of the said E.F.* before me or some other of Her Majesty's justices of the peace in and for the said [county], to be dealt with according to law.

Given under my hand and seal at

in the

said [county] this

day of

(a) Omit the part between the asterisks wherever the person in possession of the thing would be guilty of no offence. See ante, p. 400.