execute the University process, to which he is bound by an oath (x).

Vice-Chancellor's Court.-This Court has authority to try all misdemeanours committed by resident members of the University. The Judge is the Vice-Chancellor. This exceptional jurisdiction is rarely, if ever, exercised, the ViceChancellor's Court meeting for other purposes. Formerly, however, on several occasions cases of murder and other crimes were tried in the High Steward's Court.

Petty sessions and summary proceedings before single magistrates will be noticed hereafter.

(x) 4 Bl. 278. As to the jurisdiction of the Vice-Chancellor over non-members of the University for the protection of the morals of undergraduates, v. 6 Geo. IV. c. 97; 57 & 58 Vict. c. 60.

CHAPTER II.

PROCESS TO COMPEL APPEARANCE.

THE first steps in criminal proceedings are those necessary to secure the appearance of the offender. This may be

effected:

A. By summons or arrest by warrant.

B. By arrest without warrant.

A. When a charge or complaint has been made before one or more justices that a person has committed or is suspected to have committed any treason, felony, or indictable misdemeanour, or other indictable offence, within his or their jurisdiction; or that, having committed it elsewhere (even within the Admiralty jurisdiction or on land beyond the seas (a)), he resides within the jurisdiction of the justice to whom the application is made; then, if the accused is not in custody, two courses are open to the justice: (i) to issue a warrant to apprehend and bring the accused specially before himself, or other justices of the jurisdiction; or (ii) to issue, in the first place, a summons directed to the accused, requiring him to appear before himself, or other justices of the jurisdiction; and afterwards, if the summons is disobeyed by nonappearance, to issue a warrant (b).

The issue, however, of either a warrant or a summons is discretionary on the part of the justice, and if in the exercise of his discretion he refuses to issue either, the High Court will not compel him to review his decision unless his discretion was exercised on improper and extraneous grounds (c).

(a) 11 & 12 Vict. c. 42, s. 2. This statute does not affect the Metropolitan Police or the London Police Acts.

(b) Ibid. s. 1.

(c) R. v. Kennedy, [1902] 86 L. T. 753; 20 Cox, C. C. 230.

It does not follow that in such a case the offender will go unpunished, as it will always be open to the prosecutor to prefer an indictment against him (d), or in a proper case (e) to give him into custody without a warrant.

To enable a justice to issue a warrant in the first instance, it is necessary that an information and complaint in writing on the oath or affirmation of the informant, or of some other witness on his behalf, should be laid before the justice. But if a summons only is to be issued in the first instance, the information may be by parol and without oath (ƒ).

A warrant may also be issued by a Judge of the King's Bench Division for the arrest of any one charged on oath of felony (g).

A summons is directed to the accused. It states shortly the charge, and orders him to appear before the justice issuing it, or some other justice of the jurisdiction, at a certain time and place. It is served by a constable on the accused personally, or delivered to some person for him at his last or most usual place of abode (h).

A warrant is directed to a particular constable, or to the constables of the district where it is to be executed, or generally to the constables of the jurisdiction of the issuing justice. It states shortly the offence and indicates the offender, ordering the constable to bring him before the issuing justice, or other justices of the same jurisdiction. It remains in force until executed, the execution being effected

(d) v. p. 330.

(e) v. pp. 294–296.

(f) 11 & 12 Vict. c. 42, s. 8.

(g) As to other cases in which a Judge or a Court may issue a warrant, v. pp. 332-333. As to a coroner's warrant, v. p. 320.

(h) Ibid. s. 9. The following is an example of a summons :

"To John Styles, of, &c., labourer. Whereas you have this day been charged before the undersigned, one of His Majesty's justices of the peace in and for the said county of ****, for that you on, &c., at, &c., (the offence stated shortly): These are therefore to command you, in His Majesty's name, to be and appear before me on Thursday, the 15th day of June, at eleven o'clock in the forenoon at **** or before such other justice or justices of the peace for the said county as may then be there, to answer to the said charge, and to be further dealt with according to law. Herein fail not.

Given under my hand and seal, this 13th day of June, in the year of our Lord 1904, at ****, in the county aforesaid.

C.L.

"J. H. (L. S.)."

19

by the due apprehension of the accused (i). It may be issued on Sunday as well as on any other day (k).

A warrant from a Judge of the King's Bench Division extends all over the kingdom, and is tested, or dated, England, not Oxfordshire, Berks, or other particular county. But the warrant of a justice of the peace in one county, as Yorkshire, must be backed, that is, signed by a justice of the peace in another, as Middlesex, before it can be executed in the latter (7). A warrant issued in England may be backed not only in another jurisdiction in England, but also in Scotland, Ireland, or the Channel Islands, and rice versa (m).

When a warrant is received by the officer, he is bound to execute it so far as the jurisdiction of the justice and himself extends. And a warrant drawn up according to the statutory form will (even though the magistrate who issued it has exceeded his jurisdiction) at all events indemnify the officer who executes the same ministerially (n). The officer in his own jurisdiction need not show his warrant if he tells the substance of it. The officer may break open doors to execute a warrant for treason or felony, or any indictable misdemeanour, if upon demand of admittance it cannot otherwise be obtained (o). An arrest for any indict

(i) 11 & 12 Vict. c. 42, s. 10. An example of a warrant :

To the constable of **** and to all other peace officers in the said county of ****. Whereas A. B. of ****, labourer, hath this day been charged upon oath before the undersigned, one of His Majesty's justices of the peace, in and for the said county of ****, for that he on **** at **** did, &c. (stating shortly the offence): These are therefore to command you, in His Majesty's name, forthwith to apprehend the said A. B. and to bring him before me, or some other of His Majesty's justices of the peace in and for the said county, to answer unto the said charge, and to be further dealt with according to law. Given under my hand," &c. (as in the case of summons). (k) 11 & 12 Vict. c. 42, s. 4.

(1) 11 & 12 Vict. c. 42, s. 11. This rule does not apply to warrants of Metropolitan Police officers (2 & 3 Vict. c. 71, s. 17).

See also 14 & 15
As to the extra-

(m) 11 & 12 Vict. c. 42, ss. 12-15; 8 Edw. VII. c. 65, s. 25. Vict. c. 55, s. 18. As to the colonies, see 44 & 45 Vict. c. 69. dition of fugitive foreign criminals, see 33 & 34 Vict. c. 52; 36 & 37 Vict. c. 60; and 58 & 59 Vict. c. 33.

(n) 24 Geo. II. c. 44, s. 6.

(0) As to killing a constable in the execution of his duty, v. p. 147; as to when he is justified in killing the accused, v. p. 139.

able offence may be made on a Sunday; and in the night-time as well as the day.

A general warrant is void, e.g., a warrant to apprehend the authors, printers, and publishers of a libel, without naming them (p). General warrants to take up loose, idle, and disorderly people (q), and search warrants, are perhaps the only exceptions to this rule.

By section 27 of the Criminal Justice Administration Act, 1914, it has been provided that a warrant for arrest may be issued wherever either at common law or under any statute there is power to arrest without warrant.

Though not strictly belonging to the subject in hand, namely, the arrest of criminals, it may be convenient here to notice search warrants. On the oath of a complainant that he has probable cause to suspect that his property has been stolen, and that it is upon certain premises named by him, reason for his suspicion being shown, a justice may at common law issue a warrant to search such premises, and to seize the goods if they be found there (r). And as to property otherwise the subject of fraudulent practices, it is provided that if it is made to appear by information on oath before a justice that there is reasonable cause to suspect that any person has in his possession, or on his premises, any property with respect to which an offence punishable under the Larceny Act, 1916, has been committed, he may grant a warrant to search for such property, as in the case of stolen goods (s). Also any constable, if authorised in writing by a chief officer of police, may enter any premises and search for and seize any property believed to be stolen, and any person on whose premises such property is found may be summoned before a Court of summary jurisdiction, which may make such order as may be required as to the disposal of

(p) Money v. Leach, [1765] 1 W. Bl. 555.

(q) e.g., any persons found in a gaming house or disorderly house. (r) Jones v. German, [1896] 2 Q. B. 418; 65 L. J. M. C. 212. necessary to specify the particular goods to be searched for (ibid.).

It is not

(s) 6 & 7 Geo. V. c. 50, s. 42, sub-s. 1. As to searching a pawnbroker's premises for goods entrusted to a person to be finished or washed, and which were then unlawfully pawned, v. 35 & 36 Vict. c. 93, s. 36.