PERSONS ASSISTING PEACE OFFICER.

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.

This is the common law. See note under section 16 as

to the word justified.

ARREST WITHOUT WARRANT.

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.

See note under section 16 as to the word justified.

See section 552, post, as to arrests. It is not clear that it was necessary to enact in these sections that a person who, being by law duly authorized to do so, arrests any one without warrant is justified in so doing.

The words "finds committing" in this and similar enactments are to be construed strictly: R. v. Phelps, Car. & M. 180. See remarks under section 552, post.

ARREST AFTER COMMISSION OF AN OFFENCE.

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.

See sub-section 4, section 552. See note under section 16 as to the word justified.

ARREST FOR MAJOR OFFENCES COMMITTED BY NIGHT.

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.

'Night" defined, section 3. By sub-section 3, section 552, any person may arrest without warrant any one whom he finds by night committing any offence against this Act. See note under section 16 as to the words "criminal responsibility."

ARREST BY PEACE OFFICER.

27. Every peace officer is justified in arresting without warrant any person whom he finds committing any offence.

CRIM. LAW-2

See note under section 16 as to the word justified. Peace officer" defined, section 3. As to arrest without warrant see section 552, sub-section 3, which applies only to offences against this Act. An officer is bound to arrest in many cases, but the Code has no reference to it.

ARREST OF PERSON COMMITTING AN OFFENCE BY NIGHT.

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.

The words in italics are a clear error, as reference to sub-section 7, section 552 will show. See sub-sections 4 and 7 of section 552. "Night" and. "peace officer" defined, section 3. See note under section 16 as to the word justified.

ARREST DURING FLIGHT

29. Every one is protected from criminal responsibility 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.

See sub-section 4, section 552. See note under section

16 as to the words "criminal responsibility."

This is believed to extend the common law, which applies only to the arrest of persons actually guilty. It does not affect the question of civil liability."-Imp. Comm. Rep.

This and all these akin sections were necessary in the Imperial Code because it contained no section as section 552 of this Code, under which the arrests it authorizes to be made relieves in law the parties making them from all liability whatever, without it being necessary to enact it expressly. What the law authorizes it justifies, and these enactments are superfluous besides being diffuse and, perhaps, in part at least, ultra vires.

STATUTORY POWER OF ARREST.

30. Nothing in this Act shall take away or diminish any authority given by any Act in force for the time being to arrest, detain or put any restraint on any person.

MODE OF ARRESTING.

31. Every one justified or protected from criminal responsibility in executing any sentence, warrant or process, or in making any arrest, and every one lawfully assisting him, is 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.

See note under sections 33 & 45, post, and note under section 16 as to the words "justified" and "criminal responsibility."

See Dillon v. O'Brien, 16 Cox, 245.

DUTY OF PERSONS ARRESTING.

32. It is the duty of every one executing any process or warrant to have it with him, and to produce it if required.

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 executel, or the arrest effected, by reasonable means in a less violent manner.

"This (sub-section 3) is believed to alter the common law." -Imp. Comm. Rep.

See Codd v. Cabe, 1 Ex. D. 352; R. v. Carey, 14 Cox, 214; R. v. Cumpton, Warb. Lead. Cas. 215, and cases there cited. PEACE OFFICER PREVENTING ESCAPE FROM ARREST FOR MAJOR OFFENCES.

33. Every peace officer proceeding lawfully to arrest, with or without warrant, any person for any offence for which the offender may be arrested without warrant, and every one lawfully assisting in such arrest, 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 such flight, unless such escape can be prevented by reasonable means in a less violent manner.

See note under section 16 as to the word justified. "Peace officer" defined, section 3.

"It is also a principle of the common law that all powers, the exercise of which may do harm to others, must be exercised in a reasonable manner, and that if there is excess, the person guilty of such excess is liable for it according to the nature and quality of his act."-Imp. Comm. Rep.

See section 57, post.

PRIVATE PERSON PREVENTING SUCH ESCAPE.

34. Every private perso proceeding lawfully to arrest without warrant any person for any offence for which the offender may be arrested without warrant 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, that such force is neither intended nor likely to cause death or grievous bodily harm.

See note under section 16 as to the word justified.

"There is some obscurity as to the existing law on this point." (The words in italics)-Imp. Comm. Rep.

OTHER PREVENTING ESCAPE FROM ARREST.

35. Every one proceeding lawfully to arrest any person 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.

See note under preceding section.

PREVENTING ESCAPE OR RESCUE IN MAJOR OFFENCES.

36. Every one who has lawfully arrested any person for any offence for which the offender may be arrested without 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.

"This seems to extend the law so far as regards private persons; 2 Hale, 83."-Imp. Comm. Rep.

See note under section 16 as to the words "criminal responsibility."

PREVENTING ESCAPE OR RESCUE IN MINOR OFFENCES.

37. Every one who has lawfully arrested any person for any cause other than an offence for which the offender may be arrested without warrant is protected from criminal 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.

See note under preceding section.

PREVENTING BREACH OF THE PEACE.

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 inter

fering 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.

See section 142, post.

39. Every peace officer who witnesses a breach of the peace, and every person lawfully assisting him, is justified (bound?) 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.

"Peace officer" defined, section 3.

See Timothy v. Simpson, 1 C. M. & R. 757; Baynes v. Brewster, 2 Q. B. 375; Price v. Seeley, 10 Cl. & F. 28; Webster v. Watts, 11 Q. B. 311. See note under section 16 as to the word justified.

SUPPRESSION OF RIOT BY MAGISTRATES.

40. Every sheriff, deputy sheriff, mayor or other head officer or acting head officer of any county, city, town or 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.

"Peace officer" defined, section 3. "Riot" defined, and punishment, section 80 et seq. See note under section 16 as to the word justified. See Stevenson v. Wilson, 2 L C. J. 254. A sheriff or other officer is bound to endeavour to suppress a riot: s. 140 post.

OTHER SUPPRESSION OF RIOT.

41. Every one, whether subject to military law or not, acting in good faith in obedience to orders given by any sheriff, deputy-sheriff, mayor or other head officer or acting 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.