it is enacted, that any person found committing any offence against that Act, may be immediately apprehended, without a warrant, by any other person, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law.

Also, by the recent statute for the prevention of offences, 14 & 15 Vict. c. 19, it is enacted by sect. 10, that it shall be lawful for any person whatsoever to apprehend any person who shall be found committing any offence against the provisions of that Act, and to convey him or deliver him to some constable or other peace officer, in order to his being conveyed as soon as conveniently may be before a justice of the peace, to be dealt with according to law. And the offences within the Act are being found at night armed with any dangerous weapon or instrument, with intent to break and enter a dwelling house or building, to commit a felony therein,-or being found by night, having in his possession any picklock key, crow, jack, bit, or other implement of housebreaking,—or being found by night, with his face blackened or otherwise disguised, with intent to commit a felony,-or being found by night in any dwelling house or building, with intent to commit a felony therein; Id. s. 1;-using chloroform, laudanum, or other stupifying drug, &c., with intent to enable or assist the offender or others to commit a felony; Id. 8. 3;-inflicting grievous bodily harm with or without a weapon or instrument, or cutting, stabbing, or wounding any person; Id. 8. 4;malicious injuries to railways, with intent to obstruct, upset, or injure any engine, carriage, or truck, or to endanger the safety of any person travelling or being on the railway ;-or maliciously casting or letting fall any wood, stone, &c., upon a railway carriage, engine, &c., with intent to endanger any person in such carriage, or on such engine, &c.; Id. 8.7; maliciously setting fire to a railway station or building, or goods therein. Id. 8. 8.

And lastly, by the last-mentioned Act, 14 & 15 Vict. c. 19, s. 11, reciting that doubts had been entertained as to the authority to apprehend persons found committing indictable offences in the night, it is enacted, that it shall be lawful for any person whatsoever, to apprehend any person who shall be found committing any indictable offence by night, and to convey him or to deliver him to some constable or peace officer, in order to his being conveyed, as soon as conveniently may be, before a justice of the peace, to be dealt with according to law. Night here means the same as in burglary; Id. s. 13; namely, it commences at nine o'clock in the evening, and ends at six in the morning. 1 Vict. c. 86, s. 4.

In case of riots.] A private person may lawfully endeavour to prevent those whom he sees engaged in a riot or rout, from executing their purpose, and he may stop those whom he shall

see coming to join them, 1 Hawk. c. 65, s. 11, and may arrest those he sees engaged in it. And for this purpose, he may lawfully arm himself, and may make use of his arms, in suppressing the riot; but it is not prudent or advisable for private persons thus to use arms, of their own authority, in ordinary cases, as, under pretence of keeping the peace, they may be guilty of or cause enormous breaches of it; it is only in case of riots, which savour of rebellion, that such violent methods seem proper.

And what may thus be done by a private person, may also be done by the military, even although they be not at the time acting under the orders of a justice of peace. But they must be cautious not to use their arms in such a case, where there is no actual necessity, except indeed in their own defence in case they should be attacked.

Constables and other peace officers also, not only may do, but it is one of the duties of their office to do, all that in them lies, for the suppressing of the riot, [and the arrest of the rioters]; and they may command all other persons to assist them in doing so. 1 Hawk. c. 65, 8. 11.

So, justices of the peace, by stat. 34 Ed. 3, c. 1, have power to restrain rioters, and to pursue, arrest, take, and chastise them, according to their trespass and offence, and to cause them to be imprisoned and duly punished according to the law and custom of the realm. If any justice of peace, therefore, find persons riotously assembled, he may not only arrest the offenders himself, and bind them over to keep the peace, and be of good behaviour, or imprison them until they find bail, but he may also authorize others to arrest them, by a mere verbal command without warrant; and the persons so commanded, may pursue and arrest the offenders, as well in his absence as in his presence. 1 Hawk. c. 65, s. 16. And if justices fail in their duty in this respect, it is a high misdemeanor, and punishable upon indictment or information with fine or imprisonment, or both. See R. v. Pinney, 3 B. & Ad. 947.

And by stat. 13 H. 4, c. 7, if any riot, assembly, or rout of people, against the law, be made in the realm, [whether in the presence of justices of the peace or in their absence, 1 Hawk. c. 65, s. 22,] the justices of the peace, three or two of them at the least, and the sheriff or under-sheriff of the county where such riot shall be made, shall come with the power of the county, if need be, to arrest them, and shall arrest them; and the same justices and sheriff or under-sheriff shall have power to record what they shall find so done in their presence against the law, and by that record such trespassers and offenders shall be convicted, in the manner and form contained in the statute of Forcible Entries. See 1 Arch. J. P. 467.

As to the power of the county, or posse comitatus, above

mentioned, it is enacted by stat. 2 H.5, c. 8, s. 2, that the King's liege people (not being clergymen, women, persons decrepit, or infants under the age of fifteen), being sufficient to travel, shall be assistants to such justices, upon reasonable warning, to ride with them in aid to resist such riots, routs, and assemblies, on pain of imprisonment, and to make fine and ransom to the King. And it has been holden, that those who thus attend the justices, in order to suppress a riot, may take with them such weapons as shall be necessary to enable them effectually to do it; and that they may justify beating, wounding, or even killing such rioters as shall resist, or refuse to surrender themselves. 1 Hawk. c. 65, s. 21.

As to rioters remaining together after the riot act, or rather proclamation to disperse, has been read, and which is made a felony by statute 1 G. 1, st. 2, c. 5, s. 1, it is enacted by sect. 3 of that statute, that if such persons, so unlawfully, riotously, and tumultuously assembled, or twelve or more of them, after proclamation made in manner aforesaid, shall continue together and not disperse themselves within one hour, then it shall and may be lawful to and for every justice of the peace, sheriff, or under-sheriff of the county where such assembly shall be, and also to and for every high and petty constable and other peace officer within such county,-and to and for also every mayor, justice of the peace, sheriff, bailiff, and other head officer, high or petty constable and other peace officer of any city or town corporate, where such assembly shall be, and to and for such other person and persons as shall be commanded to be assisting unto any such justice of the peace, sheriff, &c., (who are hereby authorized and empowered to command all His Majesty's subjects of age and ability, to be assisting to them therein), to seize and apprehend, and they are hereby required to seize and apprehend, such persons so unlawfully, riotously, and tumultuously continuing together after proclamation made as aforesaid, and forthwith to carry the persons so apprehended before one or more of His Majesty's justices of the peace of the county or place where such person shall be so apprehended, in order to their being proceeded against for such their offences according to law. 1 G. 1, st. 2, c. 5, s. 3.

After offence committed.] Upon a strong case of suspicion, a private person may justify the apprehending of another for felony, if in fact a felony was committed. See Beckwith v. Philby, 6 B. & C. 635. But a suspicion that a man has committed a misdemeanor on a former occasion, will not justify a private person in giving him in charge to a constable; and there is no distinction in this respect between one kind of misdemeanor and another. Fox v. Gaunt, 3 B. & Ad. 798, and see Matthews v. Biddulph, 11 Law J. 13m. And even

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in cases of felony, it is often imprudent in a private person to arrest for an offence formerly committed, at least unless he was present at the time the party comn.itted it, and there is danger of his otherwise escaping. It is better for a private person to disclose his suspicion to the constable, and let him take upon himself the responsibility of arresting the suspected party, or to a justice of the peace, who may grant a warrant to a constable to apprehend him.

And if a reasonable charge of felony against a person be made to a constable, the constable will be justified in arresting him without warrant, although it afterwards turn out that the person was perfectly innocent, or that no felony in fact had been committed. Samuel v. Payne et al., Doug. 359. Hobbsy. Branscomb,3 Camp. 420. Davis v. Russell, 5 Bing. 354. Cowles v. Dunbar, Moody & M. 37. R. v. Ford, R. Ry. 329. But it has been holden that a constable is not justified in apprehending a person as a receiver of stolen goods, on the mere assertion of the principal felon. Isaacs v. Brand, 2 Stark. 167. Nor is a constable justified in taking a person into custody for a mere assault, without a warrant, unless he himself was present at the time the assault was committed, Coupey v. Henley, 2 Esp. 540, or there be a reasonable ground for apprehending a continuance or renewal of it; Baynes v. Brewster, 11 Law J. 5m.; and the same as to all breaches of peace out of his view. 2 Hawk. c. 13, s. 8. Id. c. 12, s. 20.

Or if a constable have a reasonable suspicion that a man has committed felony, he may apprehend him. Ledwith v. Catchpole, Cald. 291. Lawrence v. Hedger, 3 Taunt. 14. Nicolson v. Hardwick, 5 Car. & P. 495. Beckwith v. Philby, 6 B. & C. 635. So may a private individual, as above mentioned. The difference between the authority of the constable and the private person in this respect is, that the latter is justified only in case it turn out that a felony was in fact committed, but the constable may justify the arrest and detention, whether in fact a felony was committed or not. Beckwith v. Philby, supra, per Lord Tenterden, C. J. And the ordinary grounds of justifiable suspicion are thus enumerated by Hawkins:-First, the common fame of the country; second, living a vagrant, idle, disorderly life, without any visible means to support it; third, being in company with known offenders at the time the offence was committed, or at other times; fourth, being found under circumstances inducing a strong presumption of guilt, as for instance, having stolen goods in his possession, and not being able to give an account of his having come honestly by them, or the like; fifth, behaving in such a way as to betray a consciousness of guilt, as by making no answer when charged with the offence, or absconding, or the like. 2 Hawk. c. 12, s. 9-14; and see stat. 8 § 9 Vict. c. 25, s. 13, infra.

In prevention of offences.] If a private person see another on the point of committing treason or felony, or doing an act which would manifestly endanger the life of another, he may lay hold on him and detain him until it may be presumed that he has changed his purpose. 2 Hawk. c. 12, s. 19. So may a constable. And by stat 8 & 9 Vict. c. 25, relating to the destroying or damaging of houses with gunpowder or other explosive substances, or burning, disabling, or disfiguring persons with the like, it is enacted by sect. 13, that it shall be lawful for any constable or peace officer, to take into custody, without warrant, any person whom he shall find lying or loitering in any highway, yard, or other place, during the night, and whom he shall have good cause to suspect of having committed or being about to commit any felony under this Act, and to detain such person until he can be brought before a justice of the peace to be dealt with according to law.

By constable.] I have nearly exhausted this subject in the foregoing observations. It is clear that a constable may do all that a private person can legally do, without warrant, in apprehending offenders, or persons about to commit crimes; the principal difference being, that the private person must deliver the party apprehended into the custody of a constable, unless otherwise directed by statute, and the constable must convey, as well those whom he apprehends, as those who are delivered to him by private persons, before a justice of the peace, there to be dealt with as shall hereafter be explained, and in the mean time he must provide for their safe custody, by lodging them in a station-house in cities or towns, or in a lockup-house in the country, or otherwise. 2 Hawk. c. 13,

8.7.

Constables may interfere to prevent an affray, in their presence, in the same manner as a private person, and it is more particularly their duty to do so. 2 Hawk. c. 13, s. 8. But after the affray is over, they cannot, any more than a private person, apprehend the affrayers without warrant. Id. And the same as to all breaches of the peace, Id., or any other misdemeanors, see Fox v. Gaunt, 3 B. & Ad. 798, committed out of their view.

There is one peculiarity in the constable's interference, namely, that he may demand the assistance of any person present, to enable him to execute his duty; 2 Hawk. c. 13, 8. 7, and see R. v. Phelps et al., Car. & M. 180; and if such person refuse his assistance, he may be indicted and punished as for a misdemeanor at common law. See R. v. Brown, Car. & M. 314.

By magistrates.] I have already stated the duties of a magistrate in the case of a riot. In other respects, he may do