Constable is not only empowered, as all private persons are, to part an affray which happens in his presence, but is also bound, at his peril, to use his best endeavours for this purpose. If an affray be in a house the Constable may break open the doors to preserve the peace; and if affrayers fly to a house, and he follow in pursuit, he may break open the doors to take them. But in either case there must be some circumstances of extraordinary violence in the affray to justify the Constable in breaking open doors without a magistrate's warrant. A constable has no power to arrest a man for an affray done out of his own view without a warrant.. To support a prosecution for an affray, the prosecutor must prove-(1) the affray or fighting; (2) that it was in a public place; (3) that it was to the terror of the King's subjects; (4) that two or more persons were engaged in it.

Allegiance-seducing soldiers or sailors from-37 Geo. III., c. 40, Ir., s. 1.-Any person who shall maliciously and advisedly endeavour to seduce any person or persons serving in His Majesty's forces, by sea or land, from his or their duty and allegiance to His Majesty, or to incite or stir up any such person or persons to commit any act of mutiny, or to make or endeavour to make any mutinous assembly, or to commit any traitorous or mutinous practice whatsoever, F.

Apprentices and servants, 24 & 25 Vic., c. 100, s. 26. Whosoever, being legally liable either as a master or mistress to provide for any apprentice or servant necessary food, clothing, or lodging, shall wilfully and without lawful excuse refuse or neglect to provide the same, or shall unlawfully and maliciously do or cause to be done any bodily harm to any such apprentice or servant, so that the life of such apprentice or servant shall be endangered, or the health of such apprentice or servant shall have been or shall be likely to be permanently injured, M. See also page 235.

Arrest of Offenders.

1. ARREST WITHOUT WARRANT BY COMMON LAW.Arrest in a criminal sense is the apprehension or restraining of the person of a man in order that he shall be forthcoming to answer an alleged or suspected crime. A Constable, who is the ordinary conservator of the peace, is in many cases authorized by law to arrest,

though not armed with a warrant ; and it may here be observed that wherever the Constable has such authority, then it is also his duty to interfere, which, if he refuses to perform, he may be indicted and fined. He is justified in removing, or taking into custody (but not in striking) any person who assaults or otherwise obstructs him in the execution of his duty. For the more effectual performance of his duty in the arrest and detention of offenders, he is entitled to command the assistance of all persons whatever; and whatever protection the law affords to the Constable himself, the same is extended to those acting properly in his aid.

1. On his own view.-A Constable ought to arrest all persons whom he sees committing any treason or felony, or inflicting any dangerous wound. So also it is his duty to interpose in case of any riot, assault, or other breach of the peace, and to quell or prevent the same, by arresting the guilty parties while he sees them actually engaged. If he see anyone threatening to commit treason, felony, or an assault, or otherwise to break the peace, he may take him into custody and convey him before a magistrate; but if the threat seems an idle one, and there has been no breach of the peace, an arrest would not be justifiable. If persons be merely quarrelling, or insulting others by words, the Constable has no right to take them into custody, but should be ready to prevent a breach of the peace.

2. On his own suspicion.-A Constable having reasonable cause to suspect that treason or felony has been committed by an individual or a dangerous wound given, is justified in arresting him, though it should afterwards appear that no such offence had been committed; but if the charge does not rest upon reasonable grounds he will be liable for the illegal arrest. There is an important distinction between arrests by private persons and arrests by Constables. In order to justify the former in causing the imprisonment of a person without warrant, he must not only make out a reasonable ground of suspicion, but must prove that a felony has been actually committed; whereas a Con

stable having reasonable ground to suspect that a felony has been committed is authorized to arrest the suspected party without warrant and take him before a magistrate, although no felony has been committed. At common law a Constable has no authority to arrest a person without warrant on a charge of misdemeanour, except in such offences as tend to a breach of the peace.

The following causes of suspicion are stated by Hawkins to justify the arrest of an innocent person for felony (1) The common fame of the country, if such fame had some probable ground. (2) Being found in such circumstances as induce a strong presumption of guilt, as coming out of a house where a murder has been committed, with a bloody knife in one's hand; being found in possession of stolen goods without being able to account for their possession. (3) Behaving so as to betray a consciousness of guilt, as absconding on being charged with a felony. (4) Being found in company, with one known to be an offender at the time of the offence, or generally at other times keeping company with persons of scandalous reputation. (5) Living an idle, vagrant, and disorderly life, without having visible means to support it.

3. On the charge of third persons.-By giving a person in charge is meant the desiring a Constable to take a party into his custody, and to keep him in custody, that he may be dealt with according to law. A Constable is justified, upon the reasonable charge and information of another, in arresting anyone supposed to be guilty of treason or felony, or inflicting a dangerous wound, even though it should afterwards. turn out that the party was not guilty, or, in fact, that no such crime had been committed. If the charge be unfounded, or such as not to justify the apprehension of the party, the person making it, and not the Constable, will be responsible. If upon a reasonable charge of felony, or other crime for which a Constable may arrest without warrant, the Constable refuse to arrest, he may be indicted and fined. In such cases the Constable ought to consider the condition and

repute of the person making the charge, and also of the person against whom it is made, as well as the seriousness of the offence charged, and regulate his conduct accordingly. A formal and accurate charge is not required. It is sufficient if it substantially describe the offence. Sometimes it happens that the information given is not even intended to amount to a charge, but only a suggestion, leaving the Constable to act or not upon it, as he may think right. He should then be very cautious how he proceeds. If after an arrest made such information should turn out to be false, and it should appear that the Constable had not made all due inquiry into its truth, he would be held responsible in an action. The Constable should remember that he cannot take a person into custody charged with a misdemeanour without a magistrate's warrant. -(Hayes' Digest of Criminal Law.)

ARREST WITHOUT WARRANT BY STATUTE.-By the Vagrancy Act, 10 & 11 Vic., c. 84, sec. 4, any person may apprehend anyone offending against this Act. Offenders under the

12 & 13 Vic., c. 92 (cruelty to animals), s. 12, may be arrested by a Constable on view, or upon the complaint of the person giving name and address. By 14 & 15 Vic., c. 19, s. 10, any person may apprehend a person found committing an offence against this Act; and by s. 11, any person whatsoever may apprehend any person found committing an indictable offence in the night (i.e., between 9 P.M. and 6 A.M.) By the Summary Jurisdiction Act, 14 & 15 Vic., c. 92, s. 14, when the name and residence of an offender against this Act is unknown, he may without warrant be arrested by a Constable, or any persons whom he may call to his assistance. By the Towns Improvement Act, 17 & 18 Vic., c. 103, s. 72, any Constable or other officer appointed by virtue of this Act may arrest without warrant any person who in any street commits any of the offences contained in that section. By 24 & 25 Vic., c. 96, (larceny), s. 103, any person found committing any offence against this Act, except only the offence of angling in the daytime, may be arrested without warrant by any person; and any person to whom any property shall be offered to be sold, pawned, &c., if he have reasonable cause to suspect that such property was stolen, may arrest the party offering the same. By the 24 & 25 Vic., c. 97 (injuries to property), s. 61, any person found committing any offence against this

Act may be arrested without warrant by a Constable, or the owner of the property injured, or his servant, or any person authorized by him. By the 24 & 25 Vic., c. 99 (coinage), s. 31, any person may arrest any person committing an offence against this Act. By 24 & 25 Vic., c. 96, s. 104, c. 97, s. 57, c. 100, s. 66, a Constable may take into custody without warrant any person whom he shall find loitering or lying 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 against these Acts respectively. By the Penal Servitude Act, 27 & 28 Vic., c. 47, any Constable may arrest without warrant any convict on license whom he may reasonably suspect of having committed an offence, or having broken the conditions of his license. By the Pedlars Act, 34 & 35 Vic., c. 96, s. 18, any justice, Constable, or person to whom a pedlar offers his goods for sale, or in whose grounds, &c., such pedlar is found, may arrest him if he refuses to show his certificate or if he has no certificate. By the Prevention of Crimes Act, 1871, 34 & 35 Vic., c. 112, s. 7, a Constable authorized in writing by the District Inspector of the District may arrest any person subject to police supervision, if such person be getting his livelihood by dishonest means; or a Constable, without any written authority, may arrest such person if he is found in any place about to commit any indictable or other offence; and a Constable, or the owner of the property, or his servants, may arrest such person if he is found in any dwelling-house, shop, &c., or premises, without being able to account for his being on such premises. By 39 & 40 Vic., c. 36, s. 90, persons making signals to smuggling vessels may be arrested by any person. By the Peace Preservation (Ireland) Act, 1881, 44 Vic., c. 5, any person carrying, or having, or reasonably suspected of carrying or having any arms or ammunition in contravention of this Act, may be arrested without a warrant by any Constable. Under the Army Act, 1881, and under the Naval Act, a Constable, &c., may arrest a man upon reasonable suspicion that he is a deserter from the Army, Royal Marines, or Navy. Like provisions for arrest without warrant are contained in many other Acts.

It is much the safer course for the Constable in all cases not requiring immediate interference, to obtain a magistrate's warrant before arresting an offender, and if he does so he will be entitled to the benefit of the 43 Geo. III. c. 143, which protects him when acting under a warrant on his granting on request a copy thereof.