cumstances), doubtful whether a felony had been committed, and that there was no reason for suspecting the person charged, the arrest was held unjustifiable (n). He may also interfere, and arrest, to prevent a breach of the peace committed, or attempted to be committed, in his own view (o). But a warrant is necessary to entitle him to interfere after the affray is over (p); and he is not justified in taking a person into custody for a mere assault, unless he is present at the time (q). He may arrest and take before a J. P. any person who obstructs him in the discharge of his duty (r). And during an affray, the constable may not merely on his own view, but on the information and complaint of another, arrest the offender (s). If an offence is committed in a constable's presence, he may take the offender before a magistrate to give bail (t). The recent case of R. v. Light (v) illustrates the powers and duties of constables with reference to apprehending parties who have committed or are about to commit an assault; that case decides that the arrest is justifiable if there be impending danger to another, and the constable acts under that impression from what he has himself seen and heard. It is obviously his duty to interfere to restrain a course of conduct which may probably terminate in the actual commission of a felony. In this case the constable had arrested the prisoner after he left his house, having seen him through a window threaten the life of his wife, and having heard him use threatening language to her.

If the taking into custody by a policeman be unlawful, and

(n) Hogg v. Ward, 27 L. J. Ex. 443.

(0) R. v. Brown, Car. & M. 318; Derecourt v. Corbishley, 24 L. J. 313, Q. B.; 5 E. & B. 188, 3 Common Law Reports, England, 1359; 1 Hale P. C. 463; Coke v. Nethercote, 6 C. & P. 741; R. v. Curvan, 1 Moo. C.C. R. 132; Fox v. Gaunt, 3 B. & Ad. 798; R. v. Bright, 4 C. & P. 387, 1 Russ. 295; see also Price v. Seely, 10 Cl. & Fin. 28.

(p) Baynes v. Brewster, 2 Q.B.385. (q) Coupey v. Henley, 2 Esp. 540. (r) Levy v. Edwards, 1 Car. &

P. 40, 1 Sand. 77; 1 Taunt. 146, 2 Hale, 88.

(8) 1 Russ. 274; Timothy v. Simpson, 1 C. M. & R. 762.

(t) Derecourt v. Corbishley, 24 L. J. 313, Q. B.; 5 E. & B. 188; 3 C. L. R. 1359, Eng. But when an assault was committed on a constable who did not then arrest the party, but did so two hours afterwards, it was held such arrest was unlawful, there being no continued pursuit, R. v. Walker, 1 Dear, C. C. R. 358; 6 Cox, C. C. 371; R. v. Gardiner, 1 Moo. C. C. 390.

T

1

other constables detain the accused, all will be guilty of a false imprisonment (w). Constables are protected by a statutable provision (x) when acting under a warrant issued by a J.P. (y)

Arrest by private persons without warrant.] The rule of our law is, that all who are present when a felony is committed or attempted to be committed, or a dangerous wound is given, are bound to arrest the offender on pain of fine and imprisonment for their neglect, unless they be under age at the time (z). They are also bound to arrest one who has committed a felony, though the persons arresting were not present when the felony was committed, as also to arrest one whom they reasonably suspect of having committed a felony which has in fact been committed (a). A person who had immediately before witnessed an affray has a right to give a person engaged in it in charge to a constable, whilst there is reasonable apprehension of its continuance (b). In short, it is the right of a private person to do anything to prevent the perpetration of a felony (c). But a private person is not justified in arresting and giving in charge of a policeman without a warrant, a party who has been engaged in an affray, unless the affray is still continuing, or there is reasonable ground for apprehending that he intends to renew it (d). In Beckwith v. Philby (e) Lord Tenterden, C.J. said, "There is this distinction between a private individual and a constable: in order to justify the former in causing the imprisonment of a person, he must not only make out a reasonable ground of suspicion, but

fusing to aid a constable in quelling a riot, see R. v. Brown, Car. &. M. 314.

(a) 1 Ch. C. L. 15; 2 Selw. N. P. 910.

(b) Timothy v. Simpson, 1 C. M. & R. 761.

(c) Handcock v. Baker, 2 B. & P. 260; R. v. Pinney, 5 C. & P. 254.

(d) Price v. Seely, 10 Cl. & Fin. 28; see Simmons v. Milligan, 2 C. B. 524; Adams v. Moore, 2 Selw. N. P. 934; Allen v. Wright, 8 C. & P. 522; Dean v. Learmouth, 2 Jur. 808; Samuel v. Payne, 1 Dougl. 359. (e) 6 B. & C. 635.

he must prove that a felony has actually been committed, whereas a constable having reasonable ground to suspect that a felony has been committed, is authorised to detain the party until inquiry can be made by the proper authorities.

In

Cannot arrest after a misdemeanor has been committed.] cases of misdemeanor, it seems settled that there is no power to arrest a person on suspicion of having committed an offence of that nature, after it has been committed; and it has been held that there is no distinction in this respect between one case of misdemeanor and another, as for instance, between breaches of the peace and obtaining goods by false pretences; and Lord Tenterden, C. J., was of opinion that "in cases of misdemeanor, it is much better that the parties should apply to a justice of the peace for a warrant, than take the law into their own hands, as they are too apt to do" (f).

Summary power of arrest.] By the 14 & 15 Vic. c. 19, any person may apprehend a party found committing any offence against the provisions of that statute, and convey him before a justice (g); and any person may arrest persons committing any indictable offence in the night, and convey them before a justice (h). So also any person found committing any offence punishable either upon indictment or upon summary conviction under the 24 & 25 Vic. c. 96 (i), except only the offence of angling in the day time, may be immediately apprehended without a warrant by any person, and forthwith taken, together with such property, if any, before some neighbouring justice of the peace to be dealt with according to law. And any person to whom any property shall be offered to be sold, pawned, or delivered, if he shall have reasonable cause to suspect that any such offence has been committed on or with respect to such property, is by the same statute authorized and required to apprehend and take before a J.P. the party offering the same. It will be seen from the wording of this section that no person, not even a peace officer, can arrest a person suspected of having property obtained by false pretences, but only the person who is suspected

(f) Fox v. Gaunt, 3 B. & Adol. 798. (g) 8. 10.

(h) s. 11.

(i) See s. 103.

to have stolen property in his possession (). A private person may also under 14 & 15 Vic. c. 92, s. 14, assist a constable to apprehend a person offending against the enactments therein contained, relating to road offences.

Arrest of vagrants.] By the 10 & 11 Vic., c. 84, s. 4 (k), it is enacted that it shall be lawful for any person whatsoever to apprehend any person whom he shall find offending against this act, and take such offender before any justice, to be dealt with as therein provided, or to deliver him to any constable or other peace officer of the county or place wherein he shall have been apprehended, to be so taken as aforesaid (1).

Works of art.] Any person found committing any offence against the 8 & 9 Vic., c. 44, (an act for the protection of works of art, &c.,) may be immediately apprehended, without a warrant,

by any other person, and forthwith taken before some neighbour

ing justice to be dealt with according to law.

Notice of arresting.] Before the person makes the arrest, he should notify to the party the cause for which he arrests, and require him to submit; that is not necessary, however, when the party is in actual commission of an offence, or where fresh pursuit is made after a party, who, being disturbed, makes his escape (m). A private person may of his own authority, after notification of his purpose, and demand of admittance duly made, when he cannot otherwise obtain admittance, break open an outer door or window of a dwelling house, to apprehend one who has inflicted a dangerous wound or committed a felony (n). So

(j) See 24 & 25 Vic. c. 96, s. 103, and the Criminal Law Acts by Greaves, 146.

(k) An Act to make provision for the punishment of vagrants and persons offending against the laws in force for the relief of the destitute poor in Ireland.

(1) For the Vagrant Acts, see 6 Anne, c. 11, as amended by stat. 9 Geo. II, c 6; see also 50 Geo. III. c. 102, s. 7. The statutes 6 Anne and 9 Geo. II. c. 6, apply to the several counties of Ireland and to the county and city of Dublin alone, and they

apply to women as well as men; see Jebb, C. & P. C. 289; R. v. Adams, 1 C. & D. C. C. 140; R. v. Egan, ib. 339; Lef. Crim. Anal. 254, 1 N. & W. J. P. 120. Prostitutes are not vagrants merely because they are prostitutes, R. v. Egan, sup. ; see Corcoran & Wife v. Corcoran, 3 Ir. J. N. S. 32. To call a person a vagabond is not actionable without special damage, ib.

(m) R. v. Howarth, 1 Ry. & Moo. C. C. 207, 1 Rep. 623; ante, p. 42. (n) 5 C. 93; Fost. 320.

the dwelling-house of a third person, provided the offender be therein (o). Suspicion of felony will not justify a breaking by a private person (p).

Arrest by hue and cry.] The fourth mode of making an arrest is by Hue and Cry. Such was the name given to the common law mode of pursuing with horn and voice, persons suspected of felony, or of having inflicted a wound from which death was likely to ensue. And this power of arresting without warrant was confirmed by several ancient statutes (9). Hue and Cry may be raised either by precept of J.P.'s officers, or by any private person that is robbed or knows of a felony; for though it is prudent to have a warrant of a J.P. where time will permit, yet it is not necessary nor right, if the felon be likely to escape before the warrant can be obtained. When, therefore, any felony is committed, or any person is grievously or dangerously wounded, or assaulted and offered to be robbed, either the party grieved, or any other may resort to the constable of the vill or next town, and give him such reasonable assurance thereof as the nature of the case will bear, telling him the name of the offender, if he knows it; or, if not, describing his person or clothes, or such circumstances as may conduce to his discovery; or if the thing be done in the night; or if he knows more of those circumstances, he must mention the number of the persons, or the way they took; and thereupon the constable is immediately, whether it be night or day, bound to search his own town for the offender, and raise all the neighbouring vills, who are bound in like manner to search for the offender and make pursuit with horse and foot. In the prosecution of such Hue and Cry, the constable and his attendants have the same powers, protection, and indemnification, as if acting under the warrant of a J. P., and are only answerable for the regularity of their own conduct when pursuing upon Hue and Cry.

Mode of proceeding after arrest.] Having now reviewed the four modes by which an arrest may be made, the question arising

(0) 1 Rep. 631.

(p) 4 Bl. Com. 293.

(g) 3 E. 1, c. 9, 13 E. 1, stat. 1,

C.C. 2, 4; 10 H. 7, c. 11, Ir. 10 & 11. Ch. 1, c. 13, Ir.; 27 Eliz. c. 13, Eng.