59 G. 3. c. 59. Extended to cases where bastard shall Stat. 59 G. 3. c. 59. after reciting the 55 G. 3. c. 60. § 18. enacts, that where any sum not exceeding 201. shall be due for the services mentioned in 55 G. 3. c. 60. of any petty officer or seaman, non-commissioned officer of marines, or marine, who being born a die intestate. bastard, shall have died intestate, it shall be lawful for the inspector of seamen's wills, upon inspection of any grant from the crown of such persons effects, to issue a certificate in the form provided by the said act in the case of any sum not exceeding 201. being due for services; and all the provisions of the said act in those cases, shall be extended to all cases of certificates issued by the inspector upon grants from the crown of any sum not exceeding 201. due for the services of any petty officer or seaman, non-commissioned officer of marines, or marine, who being born a bastard shall have died intestate. By 55 G. 3. c. 60. § 55. For the more speedy and effectual bringing to justice persons who shall commit any offences punishable under the authority of this act, it is enacted, that it shall be lawful for the treasurer and commissioners of the navy for the time being, or any one of them, from time to time in all places whatever, to exercise and execute the office and duty of a justice of the peace, to all intents and purposes whatsoever, in causing any person who shall be charged with any of the offences mentioned in this act, to be apprehended, committed, and prosecuted for the same; and all constables, headboroughs, keepers of gaols and prisons, and all other officers whatever, are hereby respectively required from time to time diligently to execute, and obey all such warrants as shall be directed, issued, or given to them, by any one or more of the persons aforesaid, touching any of the matters and things hereinbefore contained; and all the laws and statutes of this realm, now in force for the ease, safety, and protection of justices of the peace in the execution of their office, shall extend to the treasurer and commissioners of his majesty's navy, acting in the execution of this act, and to all constables and headboroughs, or other peace officers, or persons acting under the warrant or authority of the said treasurer or commissioners, as fully as if the same were herein re-enacted, as to the safety and protection of the said treasurer and commissioners, and the constables, headboroughs, or other peace officers or persons acting under any of their warrant or authority. 55 G. 5. c. 60. Treasurer and commissioners to act as justices. Search Warrant. [22 G. 3. c. 58.] ALTHOUGH it hath been usual for justices to grant general General warwarrants, to search all suspected places for stolen goods, and rants con there is a precedent in Dalton requiring the constable to search demned. all such suspected places as he and the party complaining shall think convenient; yet such practice is generally condemned by the best authorities. Thus Ld. Hale, in his Summary of Pleas of the Crown, says, a Hale's Sum. 95. 2 Haw. c. 13. § 10. 17. 2 Hale, 150. 2 Hale, 150. House not to upon bare surmise. general warrant to search all places for felonies or stolen goods, is not good. Mr. Hawkins says, I do not find any good authority, that a justice can justify sending a general warrant, to search all suspected houses in general for stolen goods: because such warrant seems to be illegal in the very face of it; for it would be extremely hard to leave it to the discretion of a common officer, to arrest what persons, and search what houses he thinks fit; and if a justice cannot legally grant a blank warrant for the arrest of a single person, leaving it to the party to fill up, surely he cannot grant such a general warrant, which might have the effect of an hundred blank warrants. Again, Ld. Hale, in his History of the Pleas of the Crown, expresseth himself thus: I do take it, that a general warrant to search in all suspected places is not good, but only to search in such particular places, where the party assigns before the justice his suspicion, and the probable cause thereof; for these warrants are judicial acts, and must be granted upon examination of the fact. And therefore I take those general warrants dormant, which are many times made before any felony committed, are not justifiable, for it makes the party to be in effect the judge; and therefore searches made by pretence of such general warrants give no more power to the officer or party, than what they may do by law without them. Likewise, upon a bare surmise, a justice cannot make a warrant be broken open to break any man's house, to search for a felon, or for stolen goods; for the justices, being created by act of parliament, have no such authority granted to them by any act of parliament; and it would be full of inconvenience that it should be in the power of any justice of the peace, being a judge of record, upon a bare suggestion, to break the house of any person, of what state, quality, or degree soever, either in the day or night, upon such surmises. 4. Inst. 177. But may on oath of suspicion. 22 G. 3. c. 58. Power to search But in case of a complaint, and oath made of goods stolen, and that the party suspects that goods are in such house, and shews the cause of his suspicion, the justice of peace may grant a warrant to search in those suspected places mentioned in his warrant, and to attach the goods, and the party in whose custody they are found, and bring them before him, or some other justice of peace, to give an account how he came by them, and farther to abide such order as to law shall appertain. Vide Dalt. c. 169. p. 403. 2 Hale, 113. 150. By stat. 22 Geo. 3. c. 58. § 1. “One justice of the peace on for stolen goods. complaint made before him on oath, that there is reason to suspect that stolen goods are knowingly concealed in any dwelling-house, out-house, garden, yard, croft, or other place or places, may, by warrant under his hand and seal, cause every such dwelling-house, &c. to be searched in the day-time: and the person or persons knowingly concealing the said stolen goods or any part thereof, or in whose custody the same or any part thereof shall be found, he, she, or they, being privy thereto, shall be deemed guilty of a misdemeanor (and may be brought before a justice of peace, and made amenable to answer the same by warrant,) and being thereupon convicted by due course of law shall be punished by fine, imprisonment, or whipping, as the quarter-sessions (who are empowered to try such offenders,) or any other court before whom he shall be tried, shall think fit to inflict. Ld. Hale says, it is fit that these warrants to search do express 2 Hale, 150. that search be made in the day-time; and though I will not say that they are unlawful without such restriction, yet they are very inconvenient without it; for many times, under pretence of searches made in the night, robberies and burglaries have been committed; and at best it creates great disturbances. But in case not of probable suspicion only, but of positive May be in the proof thereof, it is right to execute the warrant in the night-time, night. lest the offenders and goods also be gone before morning. Barl. Search War. Furthermore, such warrant ought to be directed to constables, or other public officer, and not to any private person; though it is fit the party complaining should be present and assistant, because he knows his goods. 2 Hale, 150. So much for granting a search warrant; next touching the execution of it. Whether the stolen goods are in a suspected house or not, the officer and his assistants in the day-time may enter, the doors being open, to make search, and it is justifiable by the warrant. 2 Hale, 151. Warrant to be directed to the constable. Execution. To enter, the doors being open. shut. Whether the goods are found or not. If the door be shut, and upon demand it be refused to be opened The doors being by them within, if the stolen goods be in the house, the officer may break open the door. 2 Hale, 151. If the goods be not in the house, yet it seems the officer is excused that breaks open the door to search, because he searched by warrant, and could not know whether the goods were there till search made but it seems that the party that made the suggestion is punishable in such case; for as to him the breaking of the door is in eventû lawful or unlawful, to wit, lawful if the goods are there; unlawful, if not there. 2 Hale, 151. Crim. L. 64. Constables, &c. may apprehend persons suspected of having any stolen goods between sun-setting and sun-rising, &c. And by stat. 22 Geo. 3. c. 58. § 3. it is enacted, "that every 22 G. 3. c. 58. constable, headborough, or tithingman, in every county, city, §3. town corporate, riding, division, liberty, or other place, where See 1 Chitt. there shall be officers, and every beadle within his ward, parish, or district, and every watchman, during such time only as he is on his duty, shall and may apprehend, or cause to be apprehended, all and every person and persons, who may reasonably be suspected of having, or carrying, or any ways conveying, at any time after sun-setting and before sun-rising, any goods or chattels suspected to be stolen, and the same, together with such person or persons, as soon as conveniently may be, to convey or carry before any justices of the peace for the county, city, town corporate, riding, division, liberty, or place aforesaid, to be dealt with according to law; and such person and persons, so carrying or conveying such goods or chattels, knowing the same to have been stolen, and being thereof convicted by due course of law, shall be deemed and held to be guilty of a misdemeanor, and, on conviction as aforesaid, shall be imprisoned for any time not Vide ante exceeding six calendar months, nor less than three calendar § 1 & 2. months." On the return of the warrant executed, the justice hath these Return of the things to do. warrant. Goods how to be disposed of. Party how to be disposed of. As touching the goods brought before him, if it appears they were not stolen, they are to be restored to the possessor; if it appear they were stolen, they are not to be delivered to the proprietor, but deposited in the hand of the sheriff or constable, to the end the party robbed may proceed, by indicting and convicting the offender, to have restitution. 2 Hale, 151. As touching the party that had the custody of the goods; if they were not stolen, then he is to be discharged; if stolen, but not by him, but by another that sold or delivered them to him, if it appear that he was ignorant that they were stolen, he may be discharged as an offender, and bound over to give evidence as a witness against him that sold them; if it appear he was knowing they were stolen, he must be committed or bound over to answer the felony. 2 Hale, 152. have, WHEREAS it appears to me J. P. esquire, one of the justices of aforesaid, in the county aforesaid, and there diligently to search for under of my day of in the Seditious Meetings. See Riot, Rout, &c. Self-defence. See Homicide. Self-murder. See Homicide. 111 Servants. Under this title are also comprehended Labourers, Journeymen, Artificers, and other Workmen. Concerning the Settlement of Servants, see title Poor. § I. Who may be compelled to serve, and for what Term. V. Working in Harvest. [5 El. c. 4.-13 & 14 C. 2. c. 12.-17 G. 2. c. 5.] VI. Testimonial. [5 El. c. 4.] VII. Servant fleeing into another Shire. VIII. Servant assaulting his Master. [5 El. c. 4.] IX. How far the Master is allowed to beat his X. How far the Master may beat another in Defence XI. Servants firing Houses. [6 An. c. 31. 14 G. 3. c. 78.] XII. Servant stealing his Master's Goods. XIII. Disputes between Silk Masters and their Work |