two, compelling execution of documents by force; four hundred and three, sending letter demanding with menaces; four hundred and four, demanding with intent to steal; four hundred and five, extortion by certain threats.

Part XXX.-Sections four hundred and eight, breaking place of worship and committing an indictable offence; four hundred and nine, breaking place of worship with intent to commit an indictable offence; four hundred and ten, burglary; four hundred and eleven, housebreaking and committing an indictable offence; four hundred and twelve, housebreaking with intent to commit an indictable offence: four hundred and thirteen, breaking shop and committing an indictable offence; four hundred and fourteen, breaking shop with intent to commit an indictable offence; four hundred and fifteen, being found in a dwelling house by night; four hundred and sixteen, being armed, with intent to break a dwelling house; four hundred and seventeen, being disguised or in possession of housebreaking instruments.

Part XXXI.-Sections four hundred and twenty-three, forgery; four hundred and twenty-four, uttering forged documents; four hundred and twenty-five, counterfeiting seals; four hundred and thirty, possessing forged bank notes; four hundred and thirty-two, using probate obtained by forgery or perjury.

Part XXXII.-Sections four hundred and thirty-four, making, having or using instrument for forgery or uttering forged bond or undertaking; four hundred and thirty-five, counterfeiting stamps; four hundred and thirty-six, falsifying registers.

Part XXXIV.-Section four hundred and fifty-eight, personation of certain persons.

Part XXXV.-Sections four hundred and sixty-two, counterfeiting gold and silver coin; four hundred and sixty-six, making instruments for coining; four hundred and sixty-eight, clipping current coin; four hundred and seventy, possessing clipping of current coin; four hundred and seventy-two, counterfeiting copper coin; four hundred and seventy-three, counterfeiting foreign gold and silver coin; four hundred and seventy-seven, uttering counterfeit current coin.

Part XXXVII.-Sections four hundred and eighty-two, arson; four hundred and eighty-three, attempt to commit arson; four hundred and eightyfour, setting fire to crops; four hundred and eighty-five, attempting to set fire to crops four hundred and eighty-eight, attempt to damage by explosives; four hundred and eighty-nine, mischief on railways; four hundred and ninety-two, injuries to electric telegraphs, etc., four hundred and ninetythree, wrecking; four hundred and ninety-four, attempting to wreck; four hundred and ninety-five, interfering with marine signals; four hundred and ninety-eight, mischief to mines; four hundred and ninety-nine, mischief.

2. Any one found committing any of the offences mentioned in the following sections, may be arrested without warrant by a peace officer:

Part XXVII.-Sections three hundred and fifty-nine, obtaining by false pretense; three hundred and sixty, obtaining execution of valuable securities by false pretense.

Part XXXV.--Sections four hundred and sixty-five, exporting counterfeit coin; four hundred and seventy-one, possessing counterfeit current coin; four

hundred and seventy-three, paragraph (b), possessing counterfeit foreign gold or silver coin; four hundred and seventy-three, paragraph (d), counterfeiting foreign copper coin.

Part XXXVII.-Sections four hundred and ninety-seven, cutting booms, or breaking loose rafts or cribs of timber or saw-logs; five hundred, attempting to injure or poison cattle.

Part XXXVIII.-Sections five hundred and twelve, cruelty to animals; five hundred and thirteen, keeping cock-pit.

3. A peace officer may arrest, without warrant, any one whom he finds committing any offence against this Act, and any person may arrest, without warrant, any one whom he finds by night committing any offence against this Act. R. S. C. c. 174, s. 27.

4. Any one may arrest, without warrant, a 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 the person arresting, on reasonable and probable grounds, believes to have lawful authority to arrest such person.

5. The owner of any property on or in respect to which any person is found committing an offence against this Act, or any person authorized by such owner, may arrest without warrant the person so found, who shall forthwith be taken before a justice of the peace to be dealt with according to law. R. S. C. c. 174, s. 24.

6. Any officer in Her Majesty's service, any warrant or petty officer in the navy, and any non-commissioned officer of marines may arrest without warrant any person found committing any of the offences mentioned in section one hundred and nineteen of this Act.

7. Any peace officer may, without a warrant, take into custody any person whom he finds lying or loitering in any highway, yard or other place during the night, and whom he has good cause to suspect of having committed, or being about to commit, any indictable offence, and may detain such person until he can be brought before a justice of the peace, to be dealt with according to law;

(a) No person who has been so apprehended shall be detained after noon of the following day without being brought before a justice of the peace. R. S. C. c. 174. s. 28.

Section 26, R. S. C. c. 174, has not been re-enacted. It authorized any one to arrest any person offering stolen property for sale. The insertion of the words "against this Act" in s-ss. 3 & 5 is a gross error. S-s. 2 is a redundant enactment; it is covered by s-s. 3. This Code is silent as to the cases where a peace officer, or any one, is bound to arrest an offender.

Sections 16 to 44, ante, are enactments concerning arrests generally. "Night" and "peace officer" defined, s. 3.

Prisoner arrested and detained upon a telegram from persons in France and England: Kolligs, in re, 6 R. L. 213; see R. v. McHolme, 8 P. R. (Ont.) 452.

"At common law, if a constable or peace officer sees any person committing a felony, he not only may, but he must and is bound to apprehend the offender. And not only a constable or peace officer, but "all persons who are present when a felony is committed, or a dangerous wound given, are bound to apprehend the offender, on pain of being fined and imprisoned for their neglect, unless they were under age at the time: (2 Hawk. 115); and it is the duty of all persons to arrest without warrant any person attempting to commit a felony; (R. v. Hunt, 1 Moo. 93; R. v. Howarth, 1 Moo. 207). So any person may arrest another for the purpose of putting a stop to a breach of the peace committed in his presence: 2 Hawk. P. C. 115; 1 Burn, 295, 299). A peace officer may arrest any person without warrant, on a reasonable suspicion of felony, though that doctrine does not extend to misdemeanours.

And even a

private person has that right. But there is a distinction. between a private person and a constable as to the power to arrest any one upon suspicion of having committed a felony, which is thus stated by Lord Tenterden, C.J., in Beckwith v. Philby, 6 B. & C. 635.”

"In order to justify a private person in causing the imprisonment of a person, he must not only make out a reasonable ground of suspicion, but he must prove that a felony has been actually committed: (see Ashley v. Dundas, 5 0. S. (Ont.) 749); whereas a constable, having reasonable ground to suspect that a felony has been committed, is authorized to detain the party suspected until inquiry can be made by the proper authorities: (see McKenzie v. Gibson, 8 U. C. Q. B. 100.) This distinction is perfectly settled. The rule as to private persons was so stated by Genney, in the Year Book, 9 Edw. IV. already mentioned, and has been fully settled ever since the case of Ledwith v. Catchpole,

620

(Cald. 291, A. D. 1783);" Greaves, on arrest without warrant: see Murphy v. Eills, 2 Han. (N. B.) 347.

It has been contended that at common law any private person may also arrest a person found committing a misdemeanour. This doctrine having been denied, in England, by a correspondent of the Times, Mr. Greaves published, on the question, an article, (Appendix to Greaves' Crim. Acts) too long for insertion here, but from which the following extracts give fully the author's views on the question:

"On these authorities it seems to be perfectly clear that any private person may lawfully apprehend any person whom he may catch in the attempt to commit any felony, and take him before a justice to be dealt with according to law."

6

"I have now adduced abundantly sufficient authorities to prove that the general assertion in the paper (in the Times), that a private individual is not justified in arresting without a warrant a person found committing a misdemeanour' cannot be supported. On the contrary, those authorities very strongly tend to show that any private individual may arrest any person whom he catches committing any misdemeanour. It is quite true that I have been unable to find any express authority which goes that extent; but it must be remembered that where the question turns on some common law rule, there never can have been any authority to lay down any general rule; each case must necessarily be a single instance of a particular class; and, as in larceny, notwithstanding the vast number of cases which have been decided, no complete definition of the offence has ever yet been given by any binding authority, so in the present case we must not be surprised if we find no general rule established.”

"But when we find that all misdemeanours are of the same class; that it is impossible to distinguish in any satisfactory way between one and another, and that in the only case (Fox v. Gaunt) where such a distinction was

attempted, the court at once repudiated it; and when, on the question whether a party indicted for a misdemeanour was entitled to be discharged on habeas corpus, Lord Tenterden, C.J., said, in delivering the judgment of the court, 'I do not know how for this purpose, to distinguish between one class of crimes and another. It has been urged that the same principle will warrant an arrest in the case of a common assault. That certainly will follow: Ex parte Scott, 9 B. & C. 446. And when, above all, the same broad principle that it is for the common good that all offenders should be arrested, applies to every misdemeanour, and that principle has been the foundation of the decision from the earliest times, and was the ground on which Timothy v. Simpson was decided; the only reasonable conclusion seems to be that the power to arrest applies to all misdemeanours alike, wherever the defendant is caught in the act."

It has been held that where a statute gives a power to arrest a person found committing an offence, he must be taken in the act, or in such continuous pursuit that from the finding until the apprehension, the circumstances constitute one transaction: R. v. Howarth, 1 Moo. 207; Roberts v. Orchard, 2 H. & C. 769; and therefore, if he was found in the next field with property in his possession suspected to be stolen out of the adjoining one, it is not sufficient: R. v. Curran, 3 C. & P. 397; but if seen committing the offence it is enough, if the apprehension is on quick pursuit: Hanway v. Boultbee, 4 C. & P. 350. The person must be immediately apprehended; therefore, probably, the next day would not be soon enough, though the lapse of time necessary to send for assistance would be allowable : Morris v. Wise, 2 F. & F. 51; but an interval of three hours between the commission of the offence and the discovery and commencement of pursuit is too long to justify an arrest without warrant under these statutes: Downing v. Capel, 36 L. J. M. C. 97.