erroneous 18. If a sentence is passed or process issued by a court Execution of having jurisdiction under any circumstances to pass such a sentence or sentence or issue such process, or if a warrant is issued by a process. court or person having jurisdiction under any circumstances to issue such a warrant, the sentence passed or process or warrant issued shall be sufficient to justify the officer or person authorized to execute the same, and every gaoler and person lawfully assisting in executing or carrying out such sentence, process or warrant, although the court passing the sentence or issuing the process had not in the particular case authority to pass the sentence or to issue the process, or although the court, justice or other person in the particular case had no jurisdiction to issue, or exceeded its or his jurisdiction in issuing, the warrant, or was, at the time when such sentence was passed or process or warrant issued, out of the district in or for which such court, justice or person was entitled to act. process 19. Every officer, gaoler or person executing any sentence, Sentence or process or warrant, and every person lawfully assisting such without jurisofficer, gaoler or person, shall be protected from criminal diction. responsibility if he acts in good faith under the belief that the sentence or process was that of a court having jurisdiction or that the warrant was that of a court, justice of the peace or other person having authority to issue warrants, and if it be proved that the person passing the sentence or issuing the process acted as such a court under colour of having some appointment or commission lawfully authorizing him to act as such a court, or that the person issuing the warrant acted as a justice of the peace or other person having such authority, although in fact such appointment or commission did not exist or had expired, or although in fact the court or the person passing the sentence or issuing the process was not the court or the person authorized by the commission to act, or the person issuing the warrant was not duly authorized so to act. 20. Every one duly authorized to execute a warrant to Arresting the arrest who thereupon arrests a person, believing in good wrong person. faith and on reasonable and probable grounds that he is the person named in the warrant, shall be protected from criminal responsibility to the same extent and subject to the same provision as if the person arrested had been the person named in the warrant. 2. Every one called on to assist the person making such arrest, and believing that the person in whose arrest he is called on to assist is the person for whose arrest the warrant is issued, and every gaoler who is required to receive and detain such person, shall be protected to the same extent and subject to the same provisions as if the arrested person had been the person named in the warrant. 21. Every one acting under a warrant or process which is bad in law on account of some defect in substance or in form apparent on the face of it, if he in good faith and without culpable ignorance and negligence believes that the warrant or process is good in law, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the warrant or process were good in law, and ignorance of the law shall in such case be an excuse: Provided, that it shall be a question of law whether the facts of which there is evidence may or may not constitute culpable ignorance or negligence in his so believing the warrant or process to be good in law. 22. Every peace officer who, on reasonable and probable grounds, believes that an offence for which the offender may be arrested without warrant has been committed, whether it has been committed or not, and who, on reasonable and probable grounds, believes that any person has committed that offence, is justified in arresting such person without warrant, whether such person is guilty or not. 23. Every one called upon to assist a peace officer in the arrest of a person suspected of having committed such offence as last aforesaid is justified in assisting, if he knows that the person calling on him for assistance is a peace officer, and does not know that there is no reasonable grounds for the suspicion. 24. Every one is justified in arresting without warrant any person whom he finds committing any offence for which the offender may be arrested without warrant, or may be arrested when found committing. 25. If any offence for which the offender may be arrested without warrant has been committed any one who, on reasonable and probable grounds, believes that any person is guilty of that offence is justified in arresting him without warrant, whether such person is guilty or not. 26. Every one is protected from criminal responsibility for arresting without warrant any person whom he, on reasonable and probable grounds, believes he finds committing by night any offence for which the offender may be arrested without warrant. 27. Every peace officer is justified in arresting without warrant any person whom he finds committing any offence. 28. Every one is justified in arresting without warrant any person whom he finds by night committing any offence: 2. Every peace officer is justified in arresting without warrant any person whom he finds lying or loitering in any highway, yard or other place by night, and whom he has good cause to suspect of having committed or being about to commit any offence for which an offender may be arrested without warrant. 29. Every one is protected from criminal responsibility Arrest during flight. for arresting without warrant any person whom he, on reasonable and probable grounds, believes to have committed an offence and to be escaping from and to be freshly pursued by those whom he, on reasonable and probable grounds, believes to have lawful authority to arrest that person for such offence. 30. Nothing in this Act shall take away or diminish any Statutory authority given by any Act in force for the time being to power of arrest, detain or put any restraint on any person. arrest. sentence or arrest. 31. Every one justified or protected from criminal respon- Force used in sibility in executing any sentence, warrant or process, or in executing making any arrest, and every one lawfully assisting him, is process or in justified, or protected from criminal responsibility, as the case may be, in using such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, process or warrant can be executed or the arrest effected by reasonable means in a less violent manner. 32. It is the duty of every one executing any process or Duty of perwarrant to have it with him, and to produce it if required. sons arresting. 2. It is the duty of every one arresting another, whether with or without warrant, to give notice, where practicable, of the process or warrant under which he acts, or of the cause of the arrest. 3. A failure to fulfil either of the two duties last mentioned shall not of itself deprive the person executing the process or warrant, or his assistants, or the person arresting, of protection from criminal responsibility, but shall be relevant to the inquiry whether the process or warrant might not have been executed, or the arrest effected, by reasonable means in a less violent manner. escape from 33. Every peace officer proceeding lawfully to arrest, Peace officer with or without warrant, any person for any offence for preventing which the offender may be arrested without warrant, and arrest for cerevery one lawfully assisting in such arrest, is justified, if tain offences. the person to be arrested takes to flight to avoid arrest, in using such force as may be necessary to prevent his escape by such flight, unless such escape can be prevented by reasonable means in a less violent manner. 34. Every private person proceeding lawfully to arrest Private person without warrant any person for any offence for, which the preventing escape from arrest for cer- offender may be arrested without warrant is justified, if tain offences. the person to be arrested takes to flight to avoid arrest, in using such force as may be necessary to prevent his escape by flight, unless such escape can be prevented by reasonable means in a less violent manner: Provided, that such force. is neither intended nor likely to cause death or grievous bodily harm. Preventing escape from cases. 35. Every one proceeding lawfully to arrest any person arrest in other for any cause other than such offence as in the last section mentioned is justified, if the person to be arrested takes to flight to avoid arrest, in using such force as may be necessary to prevent his escape by flight, unless such escape can be prevented by reasonable means in a less violent manner : Provided such force is neither intended nor likely to cause death or grievous bodily harm. Preventing escape or rescue after tain offences. 36. Every one who has lawfully arrested any person for any offence for which the offender may be arrested without arrest for cer- warrant is protected from criminal responsibility in using such force in order to prevent the rescue or escape of the person arrested as he believes, on reasonable grounds, to be necessary for that purpose. Preventing escape or 37. Every one who has lawfully arrested any person for any cause other than an offence for which the offender may arrest in other be arrested without warrant is protected from criminal rescue after cases. Preventing breach of the peace. Prevention by peace officers of breach of the peace. responsibility in using such force in order to prevent his escape or rescue as he believes, on reasonable grounds, to be necessary for that purpose: Provided that such force is neither intended nor likely to cause death or grievous bodily harm. 38. Every one who witnesses a breach of the peace is justified in interfering to prevent its continuance or renewal and may detain any person committing or about to join in or renew such breach of the peace, in order to give him into the custody of a peace officer: provided that the person interfering uses no more force than is reasonably necessary for preventing the continuance or renewal of such breach of the peace, or than is reasonably proportioned to the danger to be apprehended from the continuance or renewal of such breach of the peace. 39. Every peace officer who witnesses a breach of the peace, and every person lawfully assisting him, is justified in arresting any one whom he finds committing such breach of the peace, or whom he, on reasonable and probable grounds, believes to be about to join in or renew such breach of the peace. 2. Every peace officer is justified in receiving into custody any person given into his charge as having been a party to a breach of the peace by one who has, or whom such peace officer, upon reasonable and probable grounds, believes to have, witnessed such breach of the peace. of riot by 40. Every sheriff, deputy sheriff, mayor or other head Suppression. officer or acting head officer of any county, city, town or magistrates. district, and every magistrate and justice of the peace, is justified in using, and ordering to be used, and every peace officer is justified in using, such force as he, in good faith, and on reasonable and probable grounds, believes to be necessary to suppress a riot, and as is not disproportioned to the danger which he, on reasonable and probable grounds, believes to be apprehended from the continuance of the riot. of riot by orders. 41. Every one, whether subject to military law or not, Suppression acting in good faith in obedience to orders given by any persons acting sheriff, deputy sheriff, mayor or other head officer or acting under lawful head officer of any county, city, town or district, or by any magistrate or justice of the peace, for the suppression of a riot, is justified in obeying the orders so given unless such orders are manifestly unlawful, and is protected from criminal responsibility in using such force as he, on reasonable and probable grounds, believes to be necessary for carrying into effect such orders. 2. It shall be a question of law whether any particular order is manifestly unlawful or not. 42. Every one, whether subject to military law or not, Suppression of riot by per who in good faith and on reasonable and probable grounds sons without believes that serious mischief will arise from a riot before orders. there is time to procure the intervention of any of the authorities aforesaid, is justified in using such force as he, in good faith and on reasonable and probable grounds, believes to be necessary for the suppression of such riot, and as is not disproportioned to the danger which he, on reasonable grounds, believes to be apprehended from the continuance of the riot. of persons 43. Every one who is bound by military law to obey the Protection lawful command of his superior officer is justified in obeying subject to any command given him by his superior officer for the sup- military law. pression of a riot, unless such order is manifestly unlawful: 2. It shall be a question of law whether any particular order is manifestly unlawful or not offences. 44. Every one is justified in using such force as may be Prevention of reasonably necessary in order to prevent the commission of certain any offence for which, if committed, the offender might be arrested without warrant, and the commission of which would be likely to cause immediate and serious injury to the person or property of any one; or in order to prevent |