Arrest by private persons on suspicion. Points in one whom he finds committing an indictable offence by night (ie., 9 P.M. to 6 A.M.) (d); or (b) a person committing any offence (except angling in the daytime) punishable under the Larceny Act (e); or (c) a person committing an offence against the Coinage Act (ƒ). Also the owner of the property injured, or his servant, or any other person authorized by him, may apprehend a person committing any offence against the Malicious. Injuries to Property Act (g). Any person to whom property is offered to be sold, pawned, or delivered, if he has reasonable cause to suspect that any offence punishable under the Larceny Act has been committed with respect to such property, is authorized and required to forthwith take the party offering and the property offered before a magistrate (h). A private person may also arrest, without warrant, on reasonable suspicion of felony. But he does so at his peril, and is liable to the consequences of false imprisonment, unless he can afterwards prove that a felony has actually been committed by some one, and that there was reasonable ground to suspect the person apprehended. (It will be remembered that a peace officer is not liable, although no crime has been committed, if there were reasonable grounds for suspicion.) Not that the private person has no course left open to him; he is justified in requiring a constable to do whatever the constable by virtue of his office is justified in doing. There is this distinction between arrests in view of which arrests the crime and on suspicion by private persons. In the on suspicion and in view of the crime differ. former case he may break open doors to effect the arrest; and the consequences of his killing or being killed are generally the same as if an officer were (d) 14 & 15 Vict. c. 19, s. 11. (e) 24 & 25 Vict. c. 96, s. 103. (g) Ibid. c. 97, s. 61. (h) Ibid. c. 96, s. 103. As to arrest in game offences, v. p. 14. arresting. But if the arrest by a private person is merely on suspicion, he is not justified in breaking open doors; and if either party kills the other, it is said to amount to manslaughter at the least. A private person may arrest another for the purpose of putting a stop to a breach of the peace committed in his presence. Arrest upon Hue and Cry.-The old common law Hue and cry. process of pursuing with horn and with voice all felons. and such as have dangerously wounded others. The hue and cry may be raised by constables, private persons, or both. The constable and his assistants have the same powers, protection, and indemnification as if acting under the warrant of a magistrate; and if they have obtained a warrant, they may follow by hue and cry into a different county from that in which the warrant was granted, without getting it backed. Private persons who join are justified, even though it should turn out that no felony has been committed. But if a person wantonly, and maliciously, and without cause raises the hue and cry, he is liable to punishment as a disturber of the peace (i). Rewards for the Apprehension of Offenders. of criminals. In connection with the subject of arrest, we may Rewards for notice some encouragements which the law holds out apprehension for exertions in bringing certain classes of criminals to justice. When any person appears to a court of oyer and terminer and gaol delivery to have been active in the apprehension of any person charged with any of the following offences, viz., murder, feloniously and maliciously shooting, &c., at any person, stabbing, cutting, poisoning, administering anything to procure (i) For punishment of assaults committed on officers and persons acting in their aid, or on any other person lawfully authorized to apprehend or detain an offender, v. p. 195. Rewards allowed at sessions. miscarriage, rape, burglary or felonious housebreaking, robbery from the person, arson, horse, bullock (including ox, cow, &c.), or sheep stealing; or with being accessory before the fact to any of the offences aforesaid; or with receiving stolen property knowing the same to have been stolen, the court is authorized to order the sheriff to pay to such person such sum of money as it thinks proper to compensate for his expense, exertion, and loss of time in the apprehension. This reward is to be over and above the ordinary payments to prosecutors and witnesses (j). By a later statute, at the sessions the court may order such compensation to be paid in case of any of the above offences which they have jurisdiction to try; but the payment to one person must not exceed £5 (k). If any one is killed in endeavouring to apprehend a person charged with one of these offences, the court may order compensation to be made to the family (). The amount to be paid in all such cases is subject to regulations which may be made from time to time by the secretary of state (m). (j) 7 Geo. 4, c. 64, s. 28. CHAPTER IV. PROCEEDINGS BEFORE THE MAGISTRATE. taken before WHEN an arrest has been made the accused should Accused to be be taken before a magistrate or magistrates with all the magistrate reasonably possible speed. When arrested on suspicion he should not be detained before he is so taken, in order that evidence may first be collected. before the The magistrate is bound to forthwith examine into Proceedings the circumstances of the charge. In order to secure magistrate. the attendance of witnesses to the fact, they may be served with a summons or warrant in a manner similar to that in which the presence of the accused is insured. If a witness refuses to be examined, he is liable to imprisonment for seven days (n). The room in which the examination is held is not to be deemed an open court; and the magistrate may exclude any person if he thinks fit (0). When the witnesses are in attendance, the magistrate takes, in the presence of the accused (who is at liberty by himself or his counsel to put questions to any witness produced against him), the statement on oath or affirmation of those who know the facts of the case, and puts the same in writing. These The deposistatements (technically termed depositions) are then read over to and signed respectively by the witnesses who have been examined, and by the magistrate taking such statements (p). The magistrate reads, or causes (n) 11 & 12 Vict. c. 42, s. 16. As this is the chief Act dealing with the subject of this chapter, reference merely to a section must be understood of that statute. (0) s. 19. (p) s. 17. tions. Witnesses for the accused. Binding over the witnesses. Remand to be read over to the accused these depositions; and asks him if he wishes to say anything in answer to the charge; cautioning him that he is not obliged to say anything, but that whatever he does say will be taken down in writing, and may be used in evidence against him at his trial; at the same time explaining that he has nothing to hope from any threat which may have been holden out to him to induce him to make any admission or confession of guilt. Whatever the accused then says is taken down in writing, and signed by the magistrate (9). The magistrate then asks the accused whether he desires to call any witnesses. If he does, the magistrate, in the presence of the accused, takes their statement on oath or affirmation, whether such statement is given on examination or cross-examination, for they may be submitted to both. These statements, in the same way as those on the part of the prosecution, are read to and signed by the witnesses and by the magistrate. And the same rules apply to witnesses both for the prosecution and for the defence (other than those merely to character), as to being bound over by recognizance to appear and give evidence at the trial (r). If a witness refuses to enter into such recognizance, he may be committed to prison until the trial. The recognizances, depositions, &c., are transmitted to the court in which the trial is to take place (s). If the investigation before the magistrate cannot be completed at a single hearing, he may from time to time remand the accused to gaol for any period not exceeding eight days; or may allow him his liberty in the interval upon his entering into recognizances, with or without sureties, for re-appearance (t). (q) s. 18. (r) 30 & 31 Vict. c. 35, s. 3. (8) s. 20. (t) s. 21. |