thereof, under 44 & 45 Vict. c. 69 (The Fugitive Offenders Act, 1881). As to extradition, see ante, note to s. 1 of this Act. Under the Extradition Act, 1870 (33 & 34 Vict. c. 52), s. 8, in the case of R. v. Weil, 9 Q. B. D. 701; 53 L. J. M. C. 74; 47 L. T. 630; 31 W. R. 60; 15 Cox C. C. 189, it was held that a constable would be justified in apprehending without a warrant a fugitive from a foreign country on reasonable grounds of suspicion that he has committed a crime which would be felony if committed in the United Kingdom. Warrant to Apprehend.-In proceedings under this section any justice for the county or other district in which the person charged shall reside or be, or shall be supposed or suspected to reside or be, may issue his warrant to apprehend, and proceed in the same manner, both as to backing the warrant and otherwise, as if the offence were committed within his jurisdiction. A practice has sprung up amongst metropolitan police magistrates of refusing warrants in cases of alleged felony, unless the accused person has absconded, or his whereabouts are unknown, as they prefer leaving the prosecutor to his common law remedy of giving the offender into custody. With reference to the trial summarily of indictable offences committed in any harbour, river, arm of the sea, or other tidal water, see s. 46 (1) of the S. J. Act, 1879, ante, p. 200. Jurisdiction of County Justices at Petty Sessions.-A justice of the county can sit and act on any petty sessions within the county. 3. Warrant to apprehend a party against whom an indictment is found-Person apprehended to be committed for trial or admitted to bail-Provision where person indicted is already in prison for some other offence.] Where any indictment shall be found by the grand jury in any court of oyer and terminer or general gaol delivery, or in any court of general or quarter sessions of the peace, against any person who shall then be at large, and whether such person shall have been bound by any recognizance to appear to answer to the same or not, the person who shall act as clerk of the indictments at such court of oyer and terminer or gaol delivery, or as clerk of the peace at such sessions, at which the said indictment. shall be found, shall, at any time afterwards, after the end of the sessions of oyer and terminer or gaol delivery or sessions of the peace at which such indictment shall have been found, upon application of the prosecutor, or of any person on his behalf, and on payment of a fee of one Sect. 2. NOTE. Sect. 3. shilling, if such person shall not have already appeared and pleaded to such indictment, grant unto such prosecutor or person a certificate (F.) of such indictment having been found; and upon production of such certificate to any justice or justices of the peace for any county, riding, division, liberty, city, borough, or place, in which the offence shall in such indictment be alleged to have been committed, or in which the person indicted in and by such indictment shall reside or be, or be supposed or suspected to reside or be, it shall be lawful for such justice or justices, and he and they are hereby required, to issue his or their warrant (G.) to apprehend such person so indicted, and to cause him to be brought before such justice or justices, or any other justice or justices for the same county, riding, division, liberty, city, borough, or place, to be dealt with according to law; and afterwards, if such person be thereupon apprehended and brought before any such justice or justices, such justice or justices, upon its being proved upon oath or affirmation before him or them that the person so apprehended is the same person who is charged and named in such indictment, shall, without further inquiry or examination, commit (H.) him for trial, or admit him to bail, in manner hereinafter mentioned; or if such person so indicted shall be confined in any gaol or prison for any other offence than that charged in the said indictment, at the time of such application, and production of the said certificate to such justice or justices as aforesaid, it shall be lawful for such justice or justices, and he and they are hereby required, upon it being proved before him or them upon oath or affirmation that the person so indicted and the person so confined in prison are one and the same person, to issue his or their warrant (I.), directed to the gaoler or keeper of the gaol or prison in which the person so indicted shall then be confined as aforesaid, commanding him to detain such person in his custody until by her Majesty's writ of habeas corpus he shall be removed therefrom, for the purpose of being tried upon the said indictment, or until he shall otherwise be removed or discharged out of his custody by due course of law. With respect to vexatious indictments, see 22 & 23. Vict. c. 17, and 30 & 31 Vict. c. 35, post, in the Appendix. The Prosecution of Offences Act, 1879 (42 & 43 Vict. c. 22, s. 5), post (Appendix), provides for the delivery of certificates, etc. to the director of public prosecutions in cases in which he has undertaken or is carrying on any criminal prosecution. Proof of Certificate. On the apprehension of a defendant, some person, usually the police officer in the case, must be called to prove the certificate, and to prove that the defendant is the person who is mentioned therein. This proof should be taken in the form of a deposition of a witness (M.), the caption of the deposition following the words of the certificate of the clerk of the peace. In Ex parte Lloyd, 53 J. P. 612, a woman lived in Gloucestershire against whom a true bill for perjury had been found at the Kent assizes. Prosecutor applied to justices in Kent under this section for a warrant to arrest and hold her to bail, which the justices refused to grant :-Held, that a rule for a mandamus to the justices would not be granted, because it seemed a vexatious proceeding, and the prosecutor should first have applied to the Gloucestershire justices, which was a better remedy. Rules 216-227 of the Crown Office Rules, 1906, relate to habeas corpus. 4. Issue of warrants on Sundays.] It shall be lawful for any justice or justices of the peace to grant or issue any warrant as aforesaid or any search warrant on a Sunday as well as on any other day. Arrest on Sunday.—This section has removed the doubt which formerly existed as to whether a warrant could be issued by a justice of the peace on a Sunday. But it should be borne in mind that it is only a warrant for the apprehension of a person charged with an indictable offence that can be so issued. A writ cannot be issued on a Sunday; and it will be void if it bear date on a Sunday (Hanson v. Shackleton, 4 Dowl. 48); therefore a warrant to apprehend for non-payment of a penalty, or of money under a justice's order, as a poor rate, it being in the nature of a civil proceeding, cannot be issued on a Sunday. As to the execution of a warrant on a Sunday, see the Sunday Observance Act, 1677 (29 Car. 2, c. 7), s. 6, which enacts that no person or persons upon the Lord's day shall serve or execute any writ, process, warrant, order, judgment, or decree (except in cases of treason felony or breach of the peace), but that the service of every such writ, process, warrant, order, judgment, or decree, shall be void to all intents and purposes whatsoever. And see note to s. 10 of 11 & 12 Vict. c. 42, post, but see also the case of Rawlins v. Ellis, 16 M. & W. 172; 16 L. J. Exch. 5, quoted on p. 317. By s. 223 of the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), a warrant issued by a borough justice may be executed within seven miles of the limits of such borough, See note to s. 3 of 11 & 12 Vict. c. 43, ante. As to the persons to be named in the warrant, and who are to execute it, see s. 10 of this Act, post. Sect. 3, NOTE. Sect. 4. NOTE. The following is a list of statutes under which search warrants may be issued: (The Gaming Act, 1845.) 8 & 9 Vict. c. 109, s. 3. 24 & 25 Vict. c. 96, s. 103. 24 & 25 Vict. c. 110, s. 4. 34 & 35 Vict. c. 105, s. 13. 34 & 35 Vict. c. 112, s. 16. 1871.) (The Betting Act, 1853.) (The Larceny Act, 1861.) (The Old Metal Dealers, Act, 1861.) (The Pawnbrokers Act, 1872.) (The Licensing Act, 1874.) (The Explosives Act, 1875.) (The Public Stores Act, 1875.) (The Public Health Act, 1875.) 35 & 36 Vict. c. 93, s. 36. 50 & 51 Vict. c. 28, s. 12. 4 Edw. 7, c. 15, s. 10. Act, 1904.) (The Army Act, 1881.) (The Criminal Law Amendment (The Merchandise Marks Act, 1887.) (The Sale of Horseflesh, etc. Regula (The Prevention of Cruelty to Children 6 Edw. 7, c. 36, s. 2. (The Musical Copyright Act, 1906.) Search Warrants, how executed.—A search 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 (Greaves' Criminal Statutes (2nd ed.), p. 400). The officer must have the warrant in his personal possession at the time of the search, and produce it if required (Codd v. Cabe, 1 Ex. Div. 352; 40 J. P. 506; 34 L. T. 453; 13 Cox C. C. 202; 45 L. J. M. C. 101). Constables executing search warrants have power to break doors. See 2 Hawk. c. 14, s. 1; Lammack V. Brown, 2 B. & B. 592; see also Treatise in 24 J. P. 242, and 61 J. P. 99. But before resorting to this extreme course the officer should signify to those in the house the cause of his coming and request them to give him admittance; and it is sufficient if the party have notice that the constable claims to act under a proper authority and has a legal warrant (Foster, 137). A search warrant is granted by a justice on complaint on oath being made as to facts showing reasonable and probable cause for its issue (Greaves' Criminal Statutes (2nd ed.), 399). The officer must strictly observe the directions of the warrant, and he can only lawfully seize such things as are specified therein, otherwise he is a trespasser (Crozier v. Cundy, 6 B. & C. 232; 5 L. J. 50; Price v. Messenger, 2 Bos. & Pul. 158; Bell v. Oakley, 2 M. & S. 261). A justice of the peace has jurisdiction to issue a search warrant for stolen goods, although the information may not contain a distinct allegation of the commission of a felony. The information is sufficient if it can be fairly understood as alleging reasonable grounds for suspecting a felony by the defendant. It is not necessary that the information should specify the goods for which a search is desired (Jones v. German, 12 T. L. R. 622; 13 T. L. R. 173; 65 L. J. M. C. 212). The 10th section of the Criminal Law Amendment Act, 1885 (48 & 49 Vict. c. 69), provides that the search warrant under that section shall be executed by some superintendent, inspector, or other officer of police, accompanied by the parent, relative, guardian, of the woman or girl, or informant, unless the justice otherwise directs. All the above Acts of Parliament, except the Bread Act, 1836 (6 & 7 Will. 4, c. 37), require a sworn information to be laid before the magistrate before his warrant issues. As to the duty of the justice in warrants under the Criminal Law Amendment Act, 1885, s. 10, see Hope v. Evered (1886), 17 Q. B. D. 338; 16 Cox C. C. 112; 55 L. J. M. C. 146, and note to s. 1 of 11 & 12 Vict. c. 44, post, in Appendix. 5. Provision where justices act for two adjoining counties, etc.] In cases where a justice of the peace for any county, riding, division, liberty, city, borough, or place shall be also justice of the peace for a county, riding, division, liberty, city, borough or place next adjoining thereto or surrounded thereby, it shall and may be lawful for such justice of the peace to act as such justice for the one county, riding, division, liberty, city, borough, or other place, whilst he is residing or happens to be in the other such county, riding, division, liberty, city, borough or other place, in all matters and things hereinbefore or hereafter in this Act mentioned; and all such acts of such justice, and the acts of any constable or other officer in obedience thereto, shall be as valid, good, and effectual in the law, to all intents and purposes, as if such justice at the time he shall so act as aforesaid, were in the county, riding, division, liberty, city, borough, or other place for Sect. 4. NOTE. |