if possible. But if after due diligence used to effect a personal service, it be found impracticable, from the party's concealing himself or causing himself to be denied, or the like, the summons may in such cases be left for him at his usual place of abode; and if he do not afterwards attend at the time and place specified in the summons, the justice, upon being satisfied of those facts, will grant his warrant.

Warrant.] A warrant is a precept, under the hand and seal of a justice of peace, reciting that a certain criminal charge has been made against a party therein named, and commanding the person, to whom it is directed to apprehend such party, and bring him before the same or some other justice, to answer to the charge.

This warrant may be directed to any person. But it is usually directed to the constable of the district, in which it is to be executed; for he alone can be punished for neglecting or refusing to execute it.

Sometimes it is directed to the constable or constables by name; and if directed to two or more, any one of them may execute it. Ante, p. 128. It is usually directed, however, to the constable of the district generally, without naming him, "and all other peace-officers in the said county of &c.;

in which case the constable of the district (5 G. 4, c. 18, s. 6, ante, p. 128), or any other constable within the extent of the jurisdiction of the justice, may execute it within such jurisdiction. See also stat. 5 & 6 Vict. c. 109, s. 15, post, p. 317.

It must state the name of the party to be apprehended, with certainty: a warrant to apprehend "all persons suspected" of an alleged offence, 2 Hale, 112, or to apprehend "the authors, printers, and publishers" of a libel, without naming them, Money v. Leach, 1 W. Bl. 555, or the like, would be bad, and might subject the person issuing or executing it to an action for false imprisonment. And it must state it truly; for where the warrant was against the party by a wrong christian name, and an action was brought against the constable for the arrest, the court of Common Pleas held that the defendant could not justify the arrest under the warrant. Hoyle v. Bush, 10

Law J., 168, m.

It must recite the information, or, at all events, must state the offence to have been committed: and therefore where it commanded the constable to apprehend A. B. and bring him before the justice, "to answer to all such matters as on his Majesty's behalf shall be objected against him on oath" by C. D., for an assault committed on her,-it was holden bad, and the justice holden liable to an action by A. B. who had been arrested under it. Caudle v. Seymour, 1 Q. B. 889.

The description of the offence may be in the same form as in a commitment. See post p. 299, and the different forms of

commitment throughout this work. It should at all events be stated with sufficient certainty, to show that it is a matter within the jurisdiction of the justice.

It may require the person to whom it is directed, to bring the offender before the same justice, or any other justice within the same district or jurisdiction: in the former case, the offender can be brought only before the justice who signed the warrant; in the latter, before any justice of the district, in the officer's discretion. 2 Hale, 112.

It is not returnable at any particular time, but remains in force until it is executed. See Mayhew v. Parker, 8 T. R. 110, and ante, p. 131. Dickinson v. Brown, Peake, 234, per Lord Kenyon, C. J.

,

It must be under the hand and seal of the justice granting it. 2 Hawk. c. 13, s. 31. The following may be the form of it : Berkshire:-To the constable of - and all other peaceofficers in the said county of Berks: Forasmuch as A. B. of labourer, hath this day been charged before me, E. F., one of Her Majesty's justices of the peace for the county aforesaid, on the oath of a credible witness, for that he the said A. B. [on- at did, &c. stating the offence as in a commitment]: These are therefore to command you, in Her Majesty's name, forthwith to apprehend and bring before me, or some other of Her Majesty's justices of the peace in and for the said county, the body of the said A. B., to answer unto the said charge, and to be further dealt with according to law. Herein fail you not. Given under my hand and seal, the day of - in the year of our Lord

As to the manner in which it is to be executed, see ante, tit. "Arrest."

Warrants how and in what cases backed.] By stat. 24 Geo. 2, c. 55, s. 1, if any person against whom a warrant shall be issued, shall escape, go into, reside, or be in any place out of the jurisdiction of the justice granting the warrant, either before or after the issuing thereof; any justice for the county or place, where such person shall so escape or be, upon proof on oath of the handwriting of the justice granting such warrant, shall indorse his name thereon; which shall be sufficient authority to the person bringing such warrant, and to all other persons to whom the same was originally directed, to execute the same in such other county or place, and to carry the offender before the justices of that county, if the offence be bailable, and the offender be ready to give bail for his appearance at the next assizes or sessions for the county or place where the offence was committed; and such justice or justices shall take bail accordingly, and shall deliver the recognizance, together with the examination or confession of the offender, and all the proceedings relating thereto, to the constable, or

other person, who shall (on pain of 10l. to him who shall sue) deliver over the same to the clerk of assize, or clerk of the peace, where the offender is required to appear. And if the offence be not bailable, or he shall not give bail to the satisfaction of the justice before whom he is brought, the constable or other person shall carry the offender before a justice of the proper county or place where the offence was committed, there to be dealt with according to law.

The magistrate cannot exercise a discretion in this matter; but he must back the warrant, if oath be duly made of the handwriting of the justice who granted it. R. v. Kynaston, 1 East, 117.

The following may be the form of the indorsement:

Northumberland to wit:-Forasmuch as proof upon oath hath been made before me, L. M., one of Her Majesty's justices of the peace for the said county of Northumberland, that the name of E. F., to the within warrant subscribed, is of the handwriting of the justice of the peace within mentioned: I do therefore hereby authorize I. K. who bringeth to me this warrant, and all other persons to whom the said warrant was originally directed, to execute the same within the said county of Northumberland. Given under my hand, this day of· —, in the year of our

Lord

Backing of Scotch and Irish warrants.] By stat. 13 Geo. 3, c. 31, after making provisions for the backing of English warrants in Scotland, it is enacted (by sect. 2), that if any person against whom a warrant shall be issued by the lord justicegeneral, lord justice-clerk, or any of the lords commissioners of justiciary, or by any sheriff, or steward-depute or substitute, or justice of the peace, of Scotland, for any offence against the laws of Scotland, shall escape or go into England, any justice of the county or place where such person shall be, may indorse his name on the said warrant, which warrant, so indorsed, shall be a sufficient authority to the person bringing such warrant, and to all persons to whom it was originally directed, and also to all constables, and other peace officers where such warrant shall be so indorsed, to execute the same in the county or place where it is so indorsed, by apprehending the person against whom such warrant is granted, and to convey him into the county or place in Scotland (being adjacent to England) where the offence was committed, before the sheriff or steward-depute, or substitute, or a justice of such county or place, to be there dealt with according to law; or, in case the offence was committed in a county not next adjacent to England, then to convey him to any county of Scotland adjacent to England, before the sheriff or steward depute or substitute, or a justice there, who shall proceed with regard to such person according to the rules and practice of the law of Scotland,

in like manner as if he had been apprehended in the said county.

And by stat. 44 Geo. 3, c. 92, s. 3, if any person, against whom a warrant shall be issued by any of the judges of the court of King's Bench, or any justice of oyer and terminer or gaol delivery, or any justice of the peace, or other person having authority to issue the same, for any crime or offence against the laws in force in Ireland, shall escape, go into, reside, or be in any place in England or Scotland respectively, any justice of the peace of the county, stewartry, riding, division, city, liberty, town, or place in England or Scotland respectively, whither or where such person shall escape, go into, reside, or be, may indorse his name on such warrant ; which warrant, so indorsed, shall be a sufficient authority to the person bringing such warrant, and to all persons to whom it was originally directed, and also to all constables or other peace-officers of the place where such warrant shall be so indorsed, to execute the said warrant in the place where it is so indorsed, by apprehending the person against whom such warrant is granted, and to convey him by the most direct way into Ireland, and before one of the justices of the peace of the county in Ireland living near the place and in the county where he shall arrive; which justice is to proceed with regard to such person, as if he had been legally apprehended in the said county in Ireland.

And lastly, by stat. 54 G. 3, c. 186, s. 2, all warrants issued in England, Scotland, or Ireland respectively, may and shall be indorsed, executed, enforced and acted upon, in any part of the United Kingdom, in like manner as is directed by stat. 13 G. 3, c. 31 (ante, p. 285).

In these cases, the justice who indorses the warrant, or some other justice of the same county or place, may admit the party to bail, if the offence be bailable, (and if not bailable, the words "not bailable" shall be written on the face of the warrant, s. 2): and he shall take the recognizance in duplicate, one copy of which he shall deliver to the constable or officer, and the other he shall transmit to the court of Exchequer of the part of the United Kingdom in which the bail shall be taken. 45 G. 3, c. 92, s. 1.

As to the apprehension of offenders, who have committed offences in any of the colonies, and have escaped into this country, or who have committed offences in this country, and have escaped into any of the colonies, see stat. 6 & 7 Vict. c. 34.

3. The Examination.

In felony.] Justices of peace, before they shall admit to bail, or commit to prison, any person arrested for felony, or on

suspicion of felony, "shall take the examination of such person, and the information upon oath of those who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall be material, into writing." And every such justice shall have authority to bind by recognizance all such persons as know or declare anything material touching any such felony or suspicion of felony, to appear at the next court of oyer and terminer, or gaol delivery or superior criminal court of a county palatine, or sessions of the peace, at which the trial thereof is intended to be, then and there to prosecute or give evidence against the party accused. And such justices and justice respectively shall subscribe all such examinations, informations, bailments, and recognizances, and deliver or cause the same to be delivered to the proper officer of the court in which the trial is to be, before or at the opening of the court. 7 G. 4, c. 64, s. 2, and see sect. 5, infra.

In misdemeanor.] Also every justice of the peace, before whom any person shall be taken on a charge of misdemeanor, or suspicion thereof, shall take the examination of the person charged and the information upon oath, of those who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall be material, into writing, before he shall commit to prison or require bail from the person so charged; and in every case of bailment shall certify the bailment in writing; and shall have authority to bind all persons by recognizance to appear to prosecute or give evidence against the party accused, in like manner as in cases of felony; and shall subscribe all examinations, informations, bailments, and recognizances, and deliver or cause the same to be delivered to the proper officer of the court, in which the trial is to be, before or at the opening of the court, in like manner as in cases of felony. Id. s. 3.

And if any justice shall offend in anything contrary to the true intent and meaning of these provisions, the court to whose officer any such examination, information, evidence, bailment, or recognizance ought to have been delivered, shall, upon examination and proof of the offences in a summary manner, set such fine upon every such justice as the court shall think meet. Id. s. 5.

In offences at sea.] And lastly, justices for any county, riding, division or place in the United Kingdom, may take the information of witnesses upon oath, touching any "treason, piracy, felony, robbery, murder, conspiracy or other offence of what nature or kind soever, committed upon the sea, or in any haven, river, creek or place, where the admiral or admirals hath or have jurisdiction;" and thereupon, if such justice