Page images

A justice may direct his warrant to any person not a constable, who may execute it, but is not compellable. 1 H. H. 581.

But by his oath of office he cannot direct it to the party. A justice may also issue his warrant to break open a door to apprehend for felony or breach of the peace.

Constables may execute warrants out of their precincts, provided it be within the jurisdiction of the justice granting or backing the same. 5 Geo. 4. c. 18. s. 6.

By stats. 7 and 8 Geo. 4. c. 29. s. 63. and 7 and 8 Geo. 4. c. 30. s. 28. party found committing offences punishable under either of those acts (except the offence of angling in the day time) may be apprehended without warrant.



SEE Apprehension of Offenders, ante; arrest being now, in general speech, applied only to civil process, or the confinement of military officers; in which, however, there is this material distinction, to arrest being used in the first, and to put under arrest in the last case.



ON information on oath of an assault, one justice may issue his warrant under his hand and seal to apprehend the

offender, and hold him under recognizance to answer the complaint at the sessions, and in defect of bail commit him.


Where any person shall be taken on a charge of felony, or suspicion of felony, before one or more justices, and the charge supported by credible evidence of fact, or by evidence which if not explained raises a strong presumption of guilt, such person shall be committed to prison; but if only one justice present, and the evidence such as neither to raise strong presumption of guilt, nor to warrant dismissal of charge, such justice shall order party charged to be taken before two justices at least, and when any person taken before two justices, charged as aforesaid, and the evidence given in support of the charge, shall in their opinion not be such as to raise a strong presumption of guilt, and to require his committal, or such evidence shall be produced by the person charged to weaken the presumption of his guilt, but there shall appear sufficient ground for judicial inquiry, the person charged shall be admitted to bail by such two justices. 7 Geo. 4. c. 64. s. 1.

Before any person charged with felony, &c. shall be bailed or committed, the justices shall take down in writing the examination, &c. and bind witnesses to appear at the trial. Ibid. s. 2.

All assaults where life is not endangered are bailable; and where a dangerous wound has been given, one justice at his discretion may either bail or imprison the party, as shall appear from the whole circumstances that the person wounded is likely to live or die. 2 Hawk. s. 54.

A justice refusing bail where it ought to be taken, liable both to action and indictment. 2 Hawk. 92. H. P. 97.

Admitting bail where it ought not to be taken, punishable by fine, or as an escape, at common law. H. P. 97.


PERSONS behaving riotously before the commissioners may be taken before any alderman or magistrate, and dealt with according to law. 1 and 2 Geo. 4. c. 115. s. 21.


A SINGLE Woman delivered of a bastard child, or declaring herself pregnant with one, which would be likely to be chargeable to the parish, giving information, on oath, of the father, he may, on application by the parish officers, or any substantial housekeeper, be apprehended by a warrant. J. 1. P. commitment, unless he give security to indemnify the parish, or to answer the charge at the next sessions. 49 Geo. 3. c. 68. s. 2.

But if the woman shall die, or marry before the child is born, or miscarry, or not have been with child, the man shall be immediately discharged by warrant. J. 1. 6 Geo. 2.

c. 31. s. 2.

If no order be made within six weeks after the woman's delivery, the man may be discharged. J. 1. Ibid. s. 3.

Every examination of a woman before, or within one month after her delivery, must be voluntary. Ibid. s. 4.

Father or mother of a bastard child chargeable to a parish, are to pay towards the maintenance of the same such weekly sum as shall be ordered. 2 J. 18 Eliz. c. 3.

Penalty upon neglect or refusal to pay, commitment, from time to time, as often as the party shall so refuse and neglect to pay, to the H. of C. for three months, or until payment made. 1 J. 49 Geo. 3. c. 68. s. 3.

Mother of a bastard may be committed to the house of correction to hard labour, from six weeks to twelve months. 2 J. 50 Geo. 3. c. 51.

Two justices may order her to be discharged out of custody on certificate from the keeper of her good behaviour. Ibid. s. 2.

Fathers and mothers of bastards running away from the parish; order may be made for the parish-officers to seize their effects, to indemnify the parish. J. 2. Order to be confirmed by the sessions. 13, 14 Car. 2. c. 12. s. 19.



Ir any


book is lost out of a parish library, one justice may

issue a search-warrant, and if found order it to be restored to the library. 7 An. c. 14. s. 10.


By 3 Geo. 4. c. 106, several regulations are made concerning the due making of bread, &c. in the city of London, and within the bills of mortality, or within ten miles of the Royal Exchange; for which see Appendix.

Where there is an assize.-Two justices may set an assize of bread for any place within their jurisdiction. 31 Geo. 2. c. 29. s. 7. 8.

And before they set such assize they are to nominate a proper person (not being a corn-factor, miller, maltster, baker, &c.) to receive weekly returns for the division or district, &c. in which they so set the assize. 53 Geo. 3. c. 116. s. 1.

As soon as such receiver shall be appointed, all cornfactors, &c. are to make weekly returns to him of all wheat and wheaten flour sold or bought by them within the preceding seven days. P. not exceeding 10l. as the person or persons before whom any such offender shall be convicted shall think fit and order. A. to the informer. Ibid. s. 3. 10. 13.

Receiver to make one general return from the aforesaid returns, within one day from receiving the same, in such manner as the justices shall direct. P. R. and A. as above. Ibid. s. 6.

Assize to be set by the justices within two days after such general return. Ibid. s. 7.

If justices shall suspect any return not to have been truly made, they may summon the party making the return within fourteen days after return made, and examine him on oath. P. for non-attendance, or refusal to answer, not exceeding 10%. R. and A, as above. Ibid. s. 11.

When an assize is set, making or selling bread deficient in weight, P. not exceeding 5s. for every ounce of bread deficient, and forfeiture of loaves, to be disposed of as the magistrate shall direct. Bread to be searched for and weighed within twenty-four hours from the baking; and one justice, upon information on oath, may authorize a peace officer to search houses, &c. at reasonable times in the day. 50 Geo. 3. c. 73. s. 1.

Bakers to have weights and scales for weighing their bread; not having such scales, or having improper scales, or refusing to weigh bread on request of purchaser, P. not exceeding 10s. 1 J. 1 W. Ibid. s. 2.

« EelmineJätka »