IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 V 
 
 // 
 
 4. 
 
 ^ /^^ 
 
 
 i/. 
 
 Ux 
 
 :A 
 
 1.0 
 
 1.1 
 
 1.25 
 
 ■ana 112 5 
 
 t 1^ 12.0 
 
 1112.2 
 
 III" 
 
 iM 
 
 u mil 1.6 
 
 %. 
 
 <^ 
 
 n 
 
 ^i 
 
 «s 
 
 
 ^^^ 
 
 *% .t^^'' 
 
 C^^^> 
 
 Photographic 
 
 Sciences 
 Corporation 
 
 ^ 
 
 ^ 
 
 .4% 
 
 \ 
 
 « 
 
 \\ 
 
 «\^ 
 
 <v 
 
 
 6^ 
 
 > 
 
 ^c^^ 
 
 23 WEST MAtN STNEET 
 
 WEBSTER, N.Y 14580 
 
 (716) 872-4503 
 

 
 CIHM/ICMH 
 
 Microfiche 
 
 Series. 
 
 CtHM/iCMH 
 Collection de 
 microfiches. 
 
 Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques 
 
Technical and Bibliographic Notes/Notes techniques et bibliographiques 
 
 The 
 to th 
 
 The Institute has attempted to obtain the best 
 original copy available for filming. Features of this 
 copy which may be bibliographically unique, 
 which may alter any of the images in the 
 reproduction, or which may significantly change 
 the usual method of filming, are checked below. 
 
 L'Institut a microfilm^ le meilleur exemplaire 
 qu'il lui a dtd possible de se procurer. Les details 
 de cet exemplaire qui sont peut-dtre uniques du 
 point de vue bibliographique, qui peuvent modifier 
 une image reproduite, ou qui peuvent exiger une 
 modification dans la mdthode normale de filmage 
 sont indiquds ci-dessous. 
 
 The 
 poss 
 of t» 
 filmi 
 
 D 
 
 D 
 
 n 
 
 □ 
 
 D 
 
 Coloured covers/ 
 Couverture de couieur 
 
 □ Covers damaged/ 
 Couverture endommag6e 
 
 □ Cove 
 Couv 
 
 Covers restored and/or laminated/ 
 tenure rsstsur^e et/ou pelliculde 
 
 I I Cover title missing/ 
 
 Le titre de couverture manque 
 
 I I Coloured maps/ 
 
 Cartes gdographiques en couieur 
 
 Coloured ink (i.e. other than blue or black)/ 
 Encre de couieur (i.e. autre que bleue ou noire) 
 
 I I Coloured plates and/or illustrations/ 
 
 Planches et/ou illustrations en couieur 
 
 Bound with other material/ 
 Reiid avec d'autres documents 
 
 Tight binding may cause shadows or distortion 
 along interior margin/ 
 
 Lareliure serr^e peut causer de I'ombre ou ae la 
 distortion ie long de la marge int^rieure 
 
 Blank leaves added during restoration may 
 appear within the text. Whenever possible, these 
 have been omitted from filming/ 
 II se peut que certaines pages blanches ajoutdes 
 tors d'une restauration apparaissent dans le texte, 
 mais, iorsque cela 6tait possible, ces pages n'ont 
 pas 6td filmdes. 
 
 Additional comments:/ 
 Commentaires suppldmentaires: 
 
 I I Coloured pages/ 
 
 Pages de couieur 
 
 Pages damaged/ 
 Pages endommag^es 
 
 □ Pages restored and/or laminated/ 
 Pages restaui-^es et/ou pelliculdes 
 
 I l/^ages discoloured, stained or foxed/ 
 I ^ Pages ddcolor6es, tachetdes ou piqudes 
 
 n Pages detached/ 
 Pages d^tachees 
 
 r~;KShowthrough/ 
 [—1 Transparence 
 
 □ Quality of print varies/ 
 Qualit^ indgale de I'impression 
 
 □ Includes supplementary material/ 
 Comprend du materiel suppiementaire 
 
 □ Only edition available/ 
 Seule Edition disponible 
 
 Orig 
 
 begi 
 
 the 
 
 sion 
 
 othc 
 
 first 
 
 sion 
 
 or il 
 
 D 
 
 The 
 shal 
 TINl 
 whii 
 
 Ma( 
 diff< 
 enti 
 beg 
 righ 
 reqi 
 met 
 
 Pages wholly or partially obscured by errata 
 slips, tissues, etc., have been refilmed to 
 ensure the best possible image/ 
 Les pages totalement ou partiellement 
 obscurcies par un feuillet d'errata, une peture, 
 etc., ont 6t6 film^es d nouveau de facon d 
 obtenir la meilleure image possible. 
 
 This item is filmed at the reduction ratio checked below/ 
 
 Ce document est filmd au taux de reduction indiqu6 ci-dessous. 
 
 10X 
 
 
 
 
 14X 
 
 
 
 
 18X 
 
 
 
 
 22X 
 
 
 
 
 26X 
 
 
 
 
 30X 
 
 
 
 
 
 
 
 
 
 
 
 
 ^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 12X 
 
 16X 
 
 20X 
 
 24X 
 
 28X 
 
 32X 
 
The copy filmed here has been reproduced thanks 
 to the generosity of: 
 
 L'exemplaire filmd fut reproduit grdce d la 
 g6n6rosit6 de: 
 
 Archives of Ontario Library 
 
 Archives of Ortario Library 
 
 The images appearing here are the best quality 
 possible considering the condition and legibility 
 of the original copy and in Iceeping with the 
 filming contract specifications. 
 
 Original copies in printed paper covers are filmed 
 beginning with the front cover and enc^ing on 
 the last page with a printed or illustrated impres- 
 sion, or the bacit cover when appropriate. All 
 other original copies are filmed beginning on the 
 first page with a printed or illustrated impres- 
 sion, and ending on the last page with a printed 
 or illustrated impression. 
 
 The last recorded frame on each microfiche 
 shall contain the symbol —♦-(meaning "CON- 
 TINUED"), or the symbol V (meaning "END"J, 
 whichever applies 
 
 Maps, plates, charts, etc., may be filmed at 
 different reduction ratios. Those too large to be 
 entirely included in one exposure are filmed 
 beginning in the upper left hand corner, left to 
 right and top to bottom, as many framas as 
 required. The following diagrams illustrate the 
 method: 
 
 Les images suivantes ont 6t6 reproduites avec le 
 plus grand soin, compte tenu de la condition et 
 de la nettetd Je l'exemplaire film6, et en 
 conformit6 avec les conditions du contrat de 
 filmage. 
 
 Les exemplaires originaux dont la couverture en 
 papier est imprimde sont film6s en commenpant 
 par le premier plat et en terminant soit par la 
 dernidre page qui comporte une empreinte 
 d'impression ou d'illustration, soit par le second 
 plat, selon le cas. Tous les autres exemplaires 
 originaux sont filmds en commengant par la 
 premidre page qui comporte une empreinte 
 d'impression ou d'illustration et en terminant par 
 la dernidre page qui comporte une telle 
 empreinte. 
 
 Un des symboles suivants apparaTtra sur la 
 dernidrb image de cheque microfiche, selon le 
 cas: le symbols — ► signifie "A SUIVRE", le 
 symbole V signifie "FIN". 
 
 Les cartes, planches, tableaux, etc., peuvent §tre 
 filmds a des taux de reduction diffdrents. 
 Lorsque le document est trop grand pour dtre 
 reproduit en un seul clichd, il est film6 d partir 
 de Tangle supdrieur gauche, de gauche d droite, 
 et de haut en bas, en prenant le nombre 
 d'imi^ges n6cessaire. Les diagrammes suivants 
 illustrent la m6thode. 
 
 1 
 
 1 
 
 2 
 
 3 
 
 32X 
 
 1 2 3 
 
 4 5 6 
 
THE 
 
 CANADIAN CONSTABLE S ASSISTANT, 
 
 I rRELIMIiNARY OBSEUVATIONP N THE OEFICE AND 
 I. 1 i^l^A^imi^.^^ ^^ cOxNSTABLES IN CANADA. 
 
 I would now, gentle-icn, tax your patience while examining a 
 matter arpropriated to the duties which bring us together, and not in- 
 opportune at this time. A great Institutional writer, in demons rating 
 the necessity for some acquaintance with the law of the land, says, 
 <^ As every subject is interested in the preservation of the laws, it is 
 « incumbent on every man to be acquainted with those at least vnth 
 » which lie is immediately comerned; lest he incur the censure as well 
 - as the inconvenience of living in society without knowmg the 
 "obligations it lays him under;" and: this has especial force when 
 applied to officers of the law: for the preservation of the public peace, 
 ...nd the due administration of justice, greatly depends on the efficiency 
 of subordinate officels. 
 
 Amongst the ministerial officers of Criminal Justice, constables 
 form the most numerous class ; and the duties of a constable, whether 
 viewed in respect to their nature and extent, or consequence to the 
 public and to the officer, present most imporUuit considerations. The 
 office is one of the greatest responsibility. The constable's legal 
 powers and duties arise from many sources : his authority in the pre- 
 servation of the peace, and in arresting ofFenders,even without warrant 
 is very "-reat, and may become a dangerous power m the hands oi 
 icrnorant^or bad men. If he exceeds his authority, he is compelled to 
 compensate the party he has injured, and should he overstep those 
 dangerous powers, which, as last resoi'is, are given to him, he is put 
 nmn trial for liis liberty or his life : and the constable's ignorance will 
 not excuse him for what would in law amount to misconduct or 
 
neglect in tlie performance oC his diiliesCrr^ Tl,» , , 
 knowledge cfhis b.«iness ram leave a l,LbTe IT . " ""'*' 
 in his own acts, and unfit I,;™ f « '•"'is'^We without confidence 
 
 crime, and dete^ionof^nd ™ "' ""'" '" " W'™ °'' 
 
 information on trsSXr'Tt'", '""''=="'' ">" "-^^^''^ for 
 3ibilities.(«) NowX fact 1 """''"'"^ X''"™^' <l"fe., and respon- 
 
 for their finessed thev ar^ i„ ^^^^'"^ """ ""' "'""^^ ^^'^"'ed 
 
 «e. HegaMlesstAtsir cS::^: L?^^^^^^^ °f, f '> 
 
 Ignorance, they take nomine ir. ■ /^ ,"*^*^^ ^'^"^^ "I'^yeswlt from 
 
 will not incur a'ny expelTdo so t" t ""'"•^' ^"' ^^^^-"'^ 
 peril, and may be puL!ed for h '^l'" ^ '°"''^^'*^ ^^^« ^^ J"« 
 
 punishmentoftreXe If^^^^ ^^"^^^^^^' but the 
 
 which have not been direc.ly madeZwn o h If ' 7^""" '^'^" ^"'' ''^ ^^^^^'^l 
 duties are incidentally noticed but the ^^^ ^" '^' " ^'■•*^''"''«' •^"«^'«^«." ti.e 
 
 Officer meet, with an'y di/ficuity h 'nV^S '".''^ "^ '''' ""^^^' '^ ^ ^- 
 
 l>«»aie,he must consult a lawyer Tr wlhh ''''"'''" '^'■'"^''•"^''«"- 'o 
 
 alway, b«,„ a matter of surprf^e o I'tttS! '''^^^'r;* "^""""^ '^'^-8- it ha. 
 h.ve not held<out apremium toindivL^l llboJ ?or"" "^T^ "'"^"^^''^^ «---s 
 without this, few would like to incurte aLur an ! ""'"T" "" ^'^ ^"'"■^■'•^' ^-' 
 1'sh.ng it; and what observation has .nade ckL '"V^"'' "' '"'^'''"« ^"'^ P'"^' 
 othem, that if aguide book was put inZthe til „r ' ' r.""^''' '^«-^-" "-7 t. 
 due administration of criminal just etiidbT but f "T^k"' " ^^'^ ^-ther the 
 a-.are of any EngUsh work published wS to. j t H ^"'"":- ^« ^'« ""' 
 many cases aa English treatise might nUeadtW. ^^ '.'" ''^'^ ^''"^'""^ '" 
 duties to be performed,by the English ^.1^ 17"''"'"' ""'^ ^'^^'•'^ "« »o. „,any 
 work would be both voluminous and Z^L "'S 'h "'l'""^" ''^'^' '^«^ --^a 
 Canadinn Constable, we believe wm LCd1„. thfp J?"*^^"^'"'"^ ^ ^"'^^ ^or the 
 the County of Simcoe have wisely rllvjd on "''"'^' ^^"^ ^'^«'-'«« of 
 
 baSti^^nt:::^;^^:^^^^^^^^^^^^^ 
 
 making a total of ,o80o' The f^SrntTnt I^TV"" ''^ "'"'^^ "^ --^-' '«- 
 and few pe«ons desire to be re-a^^d nd1 mt "''"u" ' ''"^'''^''-'"^ °- 
 the whole number appointed in eaTye'; not LoZr"""''l '"^''"'"^^' '^^^'^^ 
 office. This constant change prevent conIt«b " """''^^"^ ^^^ '^^"^'""ed in 
 
 necessary knowledge; and fhr^e^ o f wt^^^^^^ ^^'— He 
 
 per«>n., from Ume to time, are called^ to oTuXhTX^a'c^nr ^^ " 
 
 
u t.on." Tl.ere seems to exi«t a stupid and absurd prejudice against 
 the office oiconstuble-an of+ice as old as tlxe monarchy of Englana 
 -the cause of whi(.h in this country it is difficult to understand. 
 These usefnl ageuls, in the protection of the P"bli^'J^5^^'"^\"';^3 
 and depredations, are not a class apart from the inhabitants at large , 
 they are appointed from amongst the people, continue amongst them, 
 and are identified with the people, and are not compellable to seive 
 beyond a limitqd time. Protectors of the property and lives ot the 
 Queen's subjects against internal outrage, they are engaged in a no 
 less respectable profession than the soldier who opposes foreign 
 aggression ; and it is manifestly the interest of all to uphold the office 
 ill a respectable position, so as to correspond with the great and exten - 
 si ve authority the law ha.s annexed to it. Men respected m the neigh- 
 bourhood they are Uiken from, men of decent means-" the abler sort 
 ofmen"-sho«ld be selected,an I doubtless, would not unwdlingly in 
 turn bear the burden of acting, if the respectability of the office was 
 properly appreciated and upheld. 
 
 Thank God ivc require no organized semi-military force, with 
 deadly weapons in their hands, to uphold the dominion of law-but 
 Peace Omers mav not be dispensed with. Peace is essentia to the 
 existence of society, it is the foundation of every t^.^l^F^^ ^^^^^^^"^^^ 
 and in proportion to the honesty, knowledge, and abdity of the<' civil 
 defenders of the lives and properties of the FOP^^ " ^'^ '^ ^"^^** 
 diffiised. , 
 
 From what has fallen under my own observation, I feel, that an 
 effort, however feeble, towards making known the important duties 
 of constables may further the efficient administration of Criminal 
 Justice, and save those directly interested from falling mto gross 
 errors ; and therefore I take advantage of this meeting of the Quarter 
 Sessions, when constables are appointed and sworn m for the year, 
 to afford some information on the subject referred to: and more es- 
 pecially now, as the progress of extensive public works m this County 
 will bring into our sober law-respecting community, a class ol persons 
 who will not have the same interest we have in maintaining peace 
 and order, and w/w core not noted fjr tlieir apiyreciation of either. 
 
 I purpose taking only a partial and limited view of the office of 
 constable. I would not have any one to suppose that all that migbt 
 be said on the matters I intend touching uix)n is set down, or that 
 all the duties of a constable arc detailed— such is not the case, lo 
 give some hints when better information is not at Imnd is all I aim ai. 
 
II. THE OFFICE OF CONSTABLE. 
 
 before 7«s<i-^, JTt suboiduiate conservators of the peace long 
 olt:-:X7£Zt7Z::a'^''- V"- -'^Co„stab'c,say.a„° 
 »hewingtLattZliZ,f "''"'«"" 
 
 'he King a„V Xn .f T™ "''"""' '° ""^ ""^'""''"y "'" 
 «ergea„?Stenhea •,r;"C,„r ?""""" " "^'■™-"'' '° •'^ ^r. 
 wherein he io a^ '"b„t „ """T ™' T I'" ^"^^ °f England," 
 
 office of co.«ab JLX VT«.ch T " """^ "^ """ =" ""^ 
 deduceit,withSirHenrvS 1 ^ "•"™'" ^""^ »»« satisfactory to 
 whereu. it is p^^ ^^I ''S' r.-;; '^'•^°-'' f"™ «-' '-s4e ; 
 well known in tjie emnirr ! ? """"' '"*"''' "" o^"" 
 
 Of France, as weluX ;", 't oS:':!' f ^Tr^^^^'^ 
 regiUate all matter of ohivilrv .Ik? ^'S''""'' '"= '™" '" 
 
 which were performed orhoiO '™r""""»' ™'' «--'^ "' -"'s 
 constable hath been dknl 1 -n T . '" «"■"' ""S"" "^ ^""^ '"S'' 
 solemn ocoa2nssli;sl'"l '"'''' "'°°'" ""'^ "'"" S™" -d 
 since the attainder rfStlffi I «'f 'T""""" "'"^ "'" '^e, ever 
 Henry VIII a7[nF"' ""'"' "^ ^"^I'ingham, under King 
 by an'el JtJft :,fxm .'' --"W-ssed atat a eenU,ry aftef, 
 
 speak are supposed to tavV ,: ''"""^^^'"' "'' ^"'™ *» "o* 
 
 important ofc!"] ""^"""">' ''™'"'""' '™n "'is high and 
 
 powet :rdtt1t''.::y t^^^^^^^^^^ °^^"™"-' J-'-> and his 
 the County to whicrh^Ltn ' " !kf 'n "''^ "= ™"''»'''' '" 
 office,, he is entrusted only wW, the ' ''"'""= '"'"'*"'"'" 
 
 powerof carrying the law i^to^n T"'""' "''J"^"'''^' " with a 
 
 Mlow the manner and mCf:-V ;""'"' <"oiug so he must strictly 
 
 or the warrant or otll'^L'S't;';-, >',:':r "^ '■-«-' 
 w.se use his own d,scretion, i„ contive'ta to tC' """ "" '" "" 
 
 CONSTABLES. 
 
 *": aitrai^^err tr::: "r t ""^' "-^ 
 
 101 a year. Special constables are 
 
 ••M 
 at 
 
 o 
 
 V 
 
 (i 
 
 I 
 c 
 
 t 
 
 
ft 
 
 ,,,.„nea o„,.W.«,/,«- omc-sonc-,.,, ....1 wi,h uo fixed tenure, or 
 arc appoiiUcd to tlo u invrticulur ixct. 
 
 ORUINAUY. 
 
 ■ 4 T\ A « n oPiicral rule, every male of the age 
 m«««?/i««J^« ' V!-/^^^ the 1,1-0 for 
 
 "^HMrhJ^'I^e :ayC^!;."no,a„.Usco„H..la...eto execute 
 wh,ch he ' .^>' ^;»' °"y ,^\^ exemptions from appintment are con- 
 
 P,.„ache« 01 any . f-=-=^; j^' J^^ ,,A„„™ics!m;i Solicito,. 
 
 ' w'ref Fir m ; wh n enrolled aocordmg to la,v_Fore.sners 
 theP— relon,.convict.on. No man that keeps a pnbbc 
 the 1 '"soculo, sutordinate offieers in the admistm- 
 
 Con taL'-St-ats. 9th Vic. Chap. 28 and 12th \ic. Chap. 3b.)] 
 "ConstaDic ou vnrtho effectual preservation of the 
 
 "r-'^^l::^^^^ vn,^.e »ho„ld he mr. 
 S^t h~:Cnndth/d„.ydevolves on the general h«^yo 
 «^ magistrates at tire April Sess,on</,) in each year^ponrtall^i 
 
 11. and he i, .;ud „. W. be apt »";^- ^ ^ xtcVtlT S"om» .ruly, .Uhoat 
 "'X;^;™:"!: a,!;i..ne„, or r,. and pr„,.r p.™. i. is udvisaW,. .k.. mag,.- 
 
hen- d.screl.on .„ay think suffie.utto «erve in the ke 0^00 lb e 
 . each and every township or pinee in the eonnty. No s nHe .t l 
 
 «uiy, It belongs to the magistral..^ in GenemI or Quarter Hessiorjs nn.l 
 
 paces, but If a constable d.e or remove during his year any two 
 
 ^z ":^:i:r' ^^^^ v- ^ "^- -^^ -'^ .'-^xt ^^L^r 
 
 form orv;. ; . '^'^'''^' ''^'^'' "^^^'' ^'' ^^I'l^'^t '^"-ti'er FThe 
 «o m of vvarmnt to constitute another a constable, on the death IT 
 ot a iormer constable, may be a^ follows, viz. •-. ' ' 
 
 County op 
 
 • L To C. a, ofthe- 
 
 i Whereas" A "'r"*'?"; '!! '^"^ ^^'"^ County, yeoman. 
 
 ) vvneroas, A. B., lute petty constable of the>^ ^ia 
 
 To wit : 
 
 dead, whereby the sai.l lo „* , * ' " ""^ ~'8 
 
 ™a„.. a„;.„ ,-'i -X Par ttte-^-tnt '" "^"""' 
 
 ...in,: «eii„„; :r.r P z r r ;r:; "v!! '"'"™ r '"r -" "- 
 
 personally to aom-ar h^Cn.-^ i . ? ^ ^' '"^ >*'" ^""^ '"^""^^y required, 
 oath of a cdLS ' '"'"' "' ''" ^^^^^ ^-" ^h- ^'--ty^ '" >ake the 
 
 Giyen under our hands and seals, at , this day ol 
 
 -.•" the year of our Lord, 18-.] [L.S J 
 
 A nnii Q • ! ' ^ ^^^'^ ^^^ appointments are made at the 
 
 Aprd Sessions, it becomes the duty of the Clerk of the pTace to ore 
 parea notice to each constable in^brmine- him nfhi. T ^ 
 
 requirine him to tnk« ii. "*''^™in^ ^^-^n of his appointment and 
 eqmnng mm to lake the necessary oath before some Justice of 
 
 and to .ecu. full ,,™f the,.„o,; i„ ease o^ Sta^^ Ir^ 
 «erve,tl,e correct ,,,.«cedh,g is to transmit to the cli™ of Ue 
 Petty Sessions m the townsl.in or tilaco or if no Pent T I 
 
 established there, to the Senior Jnstee the nottl f ^ ^""""" ""^ 
 appointed constables for his Division It tl.ev 7 ? ''°™"' 
 
 oneaehperson For t,.e serv,e?7ea"e^^fflt 'I^l 
 wll be entitled to a fee of two shillings and sixpence.] '^^ 
 
 (rail's generally ,houH .alien,! ihis Sessions, „r at leasl ml, ,1. 
 
 «V,r several Inealilies, „.„ ,„e, ^^..^ ....,::::t:.'^:X ^IZ: 
 
 ■5 
 
 ft 
 
 01 
 
 n 
 ti 
 
 '1 
 1 
 1 
 I 
 I 
 ( 
 
 MMHiM 
 
A Constable, on bema noliHci of his appointment, should s;o 
 forthwith to the nearest IVlu-istrate, who will adnunister to luni the 
 Ofith of office. [The oath is as follows:- 
 
 u You shall well and truly serve our Sovereign Lady the Queen, ni the 
 
 .* Office of Constable for the of for the year enHuing, according 
 
 <« to the best of your skill and knowle.1ge.-So help you (Joel. - 
 
 (See Slat., 33 Geo. III., Chap, 'i, Sec. 10.) 
 This form of oath should properly be entered in the Magistmte's 
 Record Book, be subscribed by the consluble, and the day ol swearing 
 noted. When all arc sworn a list should be made out, and trans- 
 mitted by the Magistrate to the Clerk of the Peace to be hied. Jf 
 required the Magistnvte can endorse on the notification of the Clerk 
 of the Teace a memorandum of having administered the oath : it muy 
 
 be in these words : • 
 
 I'ursuanttothe Statute in that behalf, and in accordance with the withm 
 
 written notice, the therein named wa« duly 8Wom in as a Constable 
 
 ,01 the by me at the town of lhi» day .)1 A. L>. 1» . 
 
 -J. P., County Simcoe. 
 
 ] 
 
 Haw ammntmcnt ckUrmincd.-\-'^\vc term of office is for one 
 year, but constables are to be removed for good cause by tlic same 
 authority which ai.iKjintcd thciii--thc Justices in General or Quarter 
 
 Sessions assembled. ' ■ r 4 
 
 itr/M.siw^ioilci.]— If a constable duly appointed and notilied, 
 refuse to take the necessary oath, or refuse to execute the office, he is 
 guilty of a serious oflence, and may be punished by fine or imprison- 
 ment. It is not necessary there should be an (wtual refusal, for if tVie 
 party does not attend a Magistrate to be sworn in, or allerwaids do .s 
 not execute his office, it is evidence of his refusal to do so ; and for 
 this he may be indicted either at the Assizes or Quarter Sessions. [li 
 a constable refuses to be sworn, a Justice of the Peace may at once bind 
 him over to the Assizes or Sessions to answer for the contempt ; but 
 there is no power vested in Magistrates to punish by summary con- 
 viction; {Burn's, WW^^'Cmstahler) except in the case of Special 
 Constables, with respect to whom there are the following provisions : 
 « And be it enacted. That if any person between the ages of eighteen 
 «■ and sixty, upon being required to be sworn in as a Special Constable, by 
 any Justice of the Peace, upon any such occasion, shall omit or refuse to 
 : be so sworn, unless for some cause to be allowed by such Justice at the time, 
 -' such person shall be guilty of a Misdemeanour, and it shall be lawful for 
 " such Justice thereupon, to record the refusal of such person so to be sworn, 
 i' and to adjudge him to pay a fine of not more than forty shdlings, which 
 «' fine shall be levied and made by the like process as other fines imposed 
 '' by summary proceedings before Justices of the Peace, or such peroon may 
 
 a 
 a 
 it 
 
r i 
 
 fbo prooecdod against by Indictment, or Inn.rmnlion, as in other cases of 
 " Misdemeanour.— (Stat. 7th. Vie;, chap. 7 sec. H.) 
 
 " And bo it enacted, That if any person bein;? appointed a Special Cori- 
 « Stable as uforesai.l, shall refuse t<. takt! the oath hereinbefore mentioned 
 " when thereunto required by the Justices of the Peace so appointing hin., or 
 " by any two of them, or by any other two .Justices of the Pviwn actin-' for 
 "the same limits, he shall be liable to be convicted thereof forthwith belbre 
 "the Haul Justices so requiring him, and to forfeit and pay such sum of 
 « rnoney not exceedinrr five pounds as to the said Justices so requiriu.r him 
 *' , ''!°'" '"*'^' 5 and if any person beinor appointed a Special Constable as 
 aforesaul shall ne-lect or refuse to appear at the time and place for which 
 he shall be summoned for the purpose of takin- the said oath, he shall bo 
 .able to be convicted thereof before the Justices so appointi • him or any 
 two o( them, or belbre any other two Justices of the Peace actin- for the 
 same hmits, and to forfeit and pay such sum of money not exceeding five 
 pounds as to the convicting Justices shall .eem meet, unless such ptuson 
 shall prove to the satisfaction of the said Justices that he was prevent..! by 
 sickness or audi other unavoidable accident as shall in the judgment of the 
 " said Justwe? be a sufTiciont excuse."— 
 
 (Stat. 10th and llth Vic. cap 12, Sec. 5.) 
 
 J 
 
 SPECIAL CONSTABLES. 
 
 For the ■prcm-vntimi of the ;;mrr.]— Hy the Ikh and l^th Vic 
 chap. 77, Military and Naval IVnsiuncrs, enrcllc.l nnder Tinperial 
 Acts as a local police force, kc, m any part of the rrovincc are de- 
 clared to bo constables and peace oflicers lor the locality in wliich 
 they are employed, with all the pou'crs and authority and obli<nitions 
 of such office (except as therein [.rovided), and as an orqanizecfroliee 
 force they may be employed, ^y\lox^ required, to aid tlie Civic power 
 in the preservation of the Peace. There are several statutes under 
 which Special Constables may be apiminlcdi amongst them may be 
 named the « Election Act," 12 Vic. chap. 27, and the « rul,lic Meet- 
 ings' Act," 7 Vic. chap 7, both eminently valuable enactments ; but 
 the 10 and 11 Vic. chiip. 12, is a statute particularly rclatino- to 
 SpeckU Constat/lcs. ° 
 
 Who may be appalntcd.-]—Vxu]cv the Act 7 Vie. cliap. 7,— com- 
 monly called the « I^aldwin''s ri.blic Meetings' Act"-for the purr«so 
 ofkeeping the public peace, and preserving good order at meet in -^ 
 called under its provisions, the Chairman of the meeting is ennbled 
 to command the assistance of pence officers; and any .Tusticc of the 
 Peace present at the meeting is required on the written applieation of 
 the pei-son presiding thereat, lo swear in such a number of specud 
 constables as such .fusticc may deem necessary for the preservation 
 
 
 
 o 
 c 
 
 c 
 
 I 
 
 t 
 
 ^mmmmmmmm 
 
of the public iK-ace at the meeting. And if any one, betvren tlie age 
 of eighteen and sixty, omit or refuse to be sworn in as a special 
 constable, it is a misdemeanour, subjecting tbc party.to punishment 
 on imin.. aate conviction recorded, or by indictment tx> be afterwards 
 
 ^'^ "^AUhough the terms used nre so comprehensive, I incline to think 
 they must be understood, subject to restriction of persons, even if 
 within the prescribed oge ; persons engaged in employments not quite 
 compatible with the duties of a constable, as Clergymen and Magis- 
 trates, persons weak of body, and (clearly) women, would not be 
 liable to api^ointment ; but as it is not at all likely that a Magistrate 
 would call upon a clergyman, or a woman, or other unfit persons to 
 act, I need not dwell upon the question of exemption. 
 
 It would in my judgment be advisable for parties called upon, even 
 if above the exempted age, to act, if at all able ; for at public meetings 
 the moral influence of an old and respectable settler thus standing up 
 m the cause of law and order, may cllen have a more be^cial effect 
 than the strong hand. A word of caution ! Persons present at pub- 
 lic meetings have generally an opinion one way or the other on the 
 matters discussed ; those called upon to act as sworn conservators of 
 the peace, should not allow their opinions to affect their duty: that 
 should be performed" tntJumt favour, imthmJr^ice, without affectum, 
 without m-xMir They should know no one as of their « party » or 
 agaimt it— all such distinction should be laid aside ; and the call of 
 'peace and order should make them deaf to ^aftf watchword and cry. 
 The very appearance of partizanship is to be avoided ; for a constable 
 becoming a partizan, forfeits the protection the law otherwise affords 
 
 him. 
 
 Under the Election Law, another of Mr. Baldwin's Acts, every 
 Returning Officer and Deputy Returning Officer, fwm the time of 
 taking the oath of office until the day next after the final closing of 
 the Election, is a conservator of the peace ; and for the maintenance 
 of the peace and of good order at the election may require the assist- 
 ance of constables and others present thereat, and is also empowered 
 to swear in so many special constables as he may deem necessary. 
 The persons liable to be called on should (to form a hasty judgment) 
 be of the class from which the ordinary constables are taken. The 
 caution just given against bias or partizanship will apply with equal 
 
 force here. 
 
 Under the Special Constables' Act in cases of tumult or felony 
 committed, or continuing, or reasonably to be apprehended, and the 
 ordinary officers are not sufficient for the preservation of the peace,. 
 
 B 
 
10 
 
 !) ! 
 
 I! 
 I I 
 
 I u 
 
 two 01 more Justices may iipimni resitlcni househalden or olhet ^tsons 
 (not exempt from serving the office of constable,) to act as special 
 constables for such time and in such manner as to the Justices should 
 seem fit for the preservation of the i)ublic peace, and the protection 
 of the inhabitants and their property ; but sickness, or such other un- 
 avoidable accident, is admitted as a ground of refusal. 
 
 Haw appointed.']— li will be understood from what has been said, 
 that special cor; -'tables are, under the " Public Meetings' Act," to be 
 appointed and sworn in by a Magistrate ; under the '^Election Law," 
 by the Returning Officer or any Deputy Returning Officer. Under the 
 former Act there must be a written application to a Justice of the Peace 
 to appoint constables ; but under neither of these Acts does it seem, ab- 
 solutely necessary that the appointment of a special constable should be 
 in writing : nevertheless, where possible, it is better and safer for the 
 constable, if it be so. Under the « Special Constables' Act," the ap- 
 pointment must be by two Justices at least, and by precept in tvrulng 
 under their hands— and those appointed may be removed for miscon" 
 duct or neglect. 
 
 Persons wilfully refusing to act, or to obey orders, when sworn 
 in, are made liable to severe penalties. [This is the provision con- 
 tained in the fifth and sixth sections of Statute 10th and 1 1th Victoria 
 chapter !2 : 
 
 "And be it enacted, That if any person being appointed a Special 
 " Constable as aforesaid, shall refuse to take the oath hereinbefore mentioned 
 "when thereunto rnquired by the Justir^s of the Feaco so appointing him, 
 "or by any two of them, or by any other two Justices of tho Peace aotinrr for 
 "the same limits, he shall be liable to be convicted thereof forthwith before 
 « the said Justices so requiring him, and to forfeit and pay such sum of 
 "money not exceeding five pounda as fo \hQ said Justices so requiring him 
 " shall seem meet ; and if any person being appointed a Special Constable as 
 "aforeaoid shall n.^glect or refuse to appear at the time and place for which 
 "he shall be summoned for the purpose of taking the said oath, he shall be 
 "liable to be convicted thereof before the Justices so appointing him or any 
 " two ot them, or before any other two Justices of the Peace acting for the same 
 « hm.t8, and to forfeit and pay such sum of money not exceeding five pounds as 
 "to the convicting Justices shall seem meet, unless such person shall prove 
 "to the satisfaction of the said Justices that he was prevented by sickness or 
 « such other unavoidable accidents as shall in the judgment of the said Justices 
 " be a sufficient excuse." 
 
 "And. be it enacted, That if any person being appointed a Special 
 "Consiable as aforesaid, and being called upon to serve, shall neglect or 
 "refuse to serve as such Special Constable, or to obey such lawful order« or 
 "directions as may be given to him for the performance of his office, every 
 
 n 
 li 
 ii 
 
 it 
 <• 
 
u 
 
 ru person so offendin. shall, on .onvictbn thereof before any two Justices of 
 L the Peace, forfeit and pax for every Buch ..gleet or refasa^^ such sum o 
 . money no exc^edin. five pounds, as to the said Justices shall seem meet ; 
 .riesssuch person shalVprove to the satisfaction of the said ust.ces tha he 
 was prevented by sickness or such other unavoidable accident as shall m 
 *. the judgment of the said Justices be a sufficient excuse. 
 
 The following is a form of Rcqtiisil ion to Magistrates to swear 
 in constables under the " Public Meeting's Act :" 
 
 *i 
 
 To 
 
 County of 
 
 . one of Her Majesty's Justices of the Peace in and for the 
 
 WnEREAS^lhe%ublirMretiiig now here holden ["for" &c., (stating the 
 o^Sts of he meeting) or " the objects whereof are set forth m the pn^ed 
 nShereof hereunto annexed,,.)"] hath beencalled ^or^^^^^^ 
 and is a Public Meeting under and by virtue of the provisions of he Pubhc 
 Mee ing's Act" (7th Vic. chap. 7), and the said meetmg and all persons at- 
 Sn" thereat are within the protection of the said Act. Now (6) with a 
 
 v?evv ": the preservation of the peace at the same, I bemg the person 
 
 required by^'aw [or " duly appointed"] to preside over the same, do reques 
 and in Her Majesty's name require you iorthwith to appoint and swear m 
 Ih a number of lit and proper p.-rsons as special constables as you may 
 deem necessary for the preservation ol the public peace at said meeting 
 
 Dated at the Town of this day ot --—-A. U. 1^ 
 
 The appointment of Special Constables by the Magistrate may be 
 
 pudorsd on this Requisition as follows: 
 
 endorse . on^ ^^^1 ^ ^^^^ jn pursuance of the within 
 
 requisi^ n, and under th^ authority of the Act seventh Victoria chapter 
 even have constituted and appointed and do hereby consutute and appomt 
 pXf you a Special Constable to keep the peace and preserve good order at 
 The w hinmen^ionedmeeting, now here holden,and youandeach ofyou are 
 " forthwith to appear before me and take the oath required by law a. 
 
 such Special Constables. , . ^ 
 
 gLu under my hand and seal at tlie Town— of ■ this -— 
 
 , r^ Jl^ £) 18— —' ', J. 1. L^-^'J 
 
 The Magistrate 'eau read tl.is apixm.tmout alou.l, and those 
 named tlerein are bound to present themselves instantly before the 
 Mag'stl tobesworu in. This Ibrm of oath ..11 answer to bo 
 administered : ^^^ 
 
 ^Tl^^^bTi^r^^ 10 annex a copy of the Notice of the Meeting, 
 and itt'recomlndeS that a form of Requisition should he piepared beforehand ready 
 for Bignatu«. ^^ ^^^ ^^^ ^^^^,^ ^,^^^^ ,, „,her circumstance, 
 
 ^ (r) This form may ako be ronveniently prepavod hefor.haud. 
 
I.M 
 
 '1 i 
 
 n 
 
 12 
 
 [You and each of you do swear, that you will well and truly sv rve our 
 Sovereign Lady the Queen, in the office of a Specif! Constable, without favour 
 or affection, malice or ill-will ; and that while you continue to hold the office 
 you will to the best of your knowledge and ability, discharge the duties thereof 
 faithfully according to law. So help you God. 
 The names of those sworn in should be noted by the Magistrate. 
 
 The appointment mider the 12th Victoria chapter 27, may be as 
 follows : 
 
 To , , and By virtue of, and in pursuance of the power 
 
 and authority belonging to and vested in me, :mder and by virtue of an Act 
 passed in the twelfth year of the reign of Her Majesty Queen Victoria, entitled 
 ** An Act to repeal certain Acts therein mentioned, and to amend, consolidate 
 and reduce into one Act, the several Statutory provisions now in force for the 
 regulation of Members to represent the People of this Province in the Legis- 
 lative Assembly thereof." I , Returning Officer, [or "Deputy Re- 
 turning Officer"] for the County of [or "the Township of "] 
 
 duly appointed and sworn according to the provisions of law in that behalf, 
 have constituted and appointed, and do hereby constitute and appoint each 
 of you a dpecial constable, to maintain the peace and preserve good order 
 at this present election, and until the final closing of the same, [or " until 
 
 the final closing of the poll for this Township of "] and you and each of 
 
 you, are required forthwith to appear before me and take the oath required of 
 you by law ss such special constable?. 
 
 Given under my hand and seal at the Town ■ of this 
 
 day of A. D. 18— , 
 
 Returning Officer, 
 [or Deputy Returning Officer,] for the 
 
 The directions respecting swearing in, and the form of oath 
 above given for constables appointed, under the Public Meeting's 
 Act, will be applicable to constables appointed under the Election 
 Law also. 
 
 The following is a form of appointment under the Act 10th and 
 nth Vic, ch. 12. 
 
 (a) To , , , and . Forasmuch as it hath been 
 
 made to appear to us and — 
 
 that 
 
 tices of the Peace for the County of 
 being honest and credible persons 
 
 persons to the number of 
 
 baid and unknown, to the number of 
 
 •, Esquires, two of her Majesty's Jud- 
 
 — , on the oaths of and 
 
 — , and divers other 
 
 and more [or " that divers persons to the 
 or more"] at m 
 
 the said County(6) unlawfully, riotously, and tumultuously, did meet together 
 
 (a) This form may serve as a guide in framing the Information on wliich the 
 appointment of Special Constables is to be grounded. 
 
 (b) The grounds and circumstances, must of course, greatly vary, but it is only 
 •uch as are stated in the first clause of the Act whicli will warrant the intprferenre ol 
 Magistrates thereunder. 
 
 tu 
 th 
 bi 
 
 a 
 
 a< 
 tc 
 t( 
 
 b 
 h 
 
 a 
 
 a 
 
 c 
 
 £ 
 
13 
 
 rto the disturbance of the pubUcpeace, and being so unlawfully, notou6ly,and 
 tumultuously assembled together, did [(here set out the riotous acts) as « place 
 Trn Zs Lhreateningattitudes with sticks, pistols,'' &c.(asthecasem^^ 
 
 be) " and threaten to beat, maim, or kill" (as it may be) - one — -" or 
 
 ,7L!kr » or " to tear down or burn the house of " or " have 
 
 actualiy beaten, maimed." &c., (according to the facts) ^^ and now remain 
 together conducting themselves in a riotous and tumultuous manner to he 
 Jror of the Queen?> subjects, and great disturbance of the pubhc peace, and 
 b^ach tiereof' or ' (in case of apprehended riot, after the • add)" that they 
 hrveoJod grounds and foundation for believing, and do verdy beheve that 
 
 have gooa gro ^ ^nd other evil disposed persons meditate and mtend, 
 
 and have agreed together to commit on the day of — at — - 
 
 rleat r of(or "breach of the peace") by (state the acts mtended ] and 
 Xeas we the said Justices find, are of opinion and beheve that the ordmary 
 officers appointed for the preservation of the peace in the said —-^zrenoi 
 Tfficient for the preservation of the peace and protection of the ^r^abita^ts or 
 
 the securily of property in the said • Now therefore we the said 
 
 Justices mider and by virtue of an Act passed m the twelfth year of the 
 etn 0^ Sovereig/lady Queen Victoria entitled "An Act to axnend the 
 S;' relative to the appointment of Special Constables, and for the better 
 nTelvation of the Peace,- have nominated and appointed, and do hereby 
 romlnJl and appoint each of you a special constable under and for the 
 ™es thssafd Act, to act as special constables and to serve Her Majesty 
 
 ^Xt office for the period of days from the date hereof (or " until 
 
 lawfully discharged from the said office) (a)-and we do hereby command 
 and reauire you and each of you personally to appear before us or one of us, 
 "befrom'e other of Her Majesty's Justices of the Peace for the said County 
 to take the oath of office required by law of you as such special constables 
 
 Given under our hands and seals at the Town oi -this 
 
 day of A. D. l8-(ft) ^ ^ ^ ^^^^ 
 
 , J. P. [L.S.] 
 
 ] 
 
 Regvlatwm in respect ^o.]-This last Act [10th and 11th Vie. 
 
 chap. 12] is a most important one. Special Constables sworn m 
 
 under it, are bound to act far such time and in smh r^mnner as the 
 
 Justices think fit ; not only, in the Township or place for which 
 
 TZ^i^^^c^^n of the Act authorizes Magistrates to appoint " for such time 
 astolieJust^c^mayseem fit and necessary."-It ha. been adjudged when a con- 
 11 wi ap^tted for an indefinite time, his authority contmued until specially de- 
 
 '-'''t^Z:^:^^:^^^^ be that a simple appointment with- 
 
 •I 
 
u 
 
 I! « 
 
 they are appointed, but also, throughout the entire jurisdiction of the 
 Justices appointing them. They have, and may exercise and enjoy, 
 all the powers, authorities, advantages, and immunities, and will be 
 liable to all such duties and responsibilities as any constable, ap- 
 pointed in the ordinary way, by virtue of any law or statute what- 
 soever; other provisions, are also contained, concerning the officer's 
 duty when called out, &c. 
 
 Punishment for Obstructing.'] — Any one assaulting or resisting 
 d, Special Constable, appointed under the " Special Constables' Act," 
 while in the execution of his office, or who shall encourage others 
 so to do, is made liable to a fine of ten pounds, on summary convic- 
 tion therefor ; or to such other punishment on indictment for the 
 oiSence, as any persons are by law liable to, for assaulting any con- 
 stable in the execution of his duty. 
 
 A battery committed within two miles of the place of election, 
 or of any poll, the Election Act provides shall be deemed an aggra- 
 vated assualt, and punished accordingly ; and the like, under the 
 " Public Meetings' Act," of a battery committed within two miles of 
 the place of holding the meeting. 
 
 The general law for the protection of ordinary Constables in 
 the performance of theirduties, applies equally, to Special Constables. 
 
 For the performance of a particular act.'] — A Warrant for Arrest, 
 or > Warrant of Distress, may be addressed to a private person as 
 well as to a constable ; and the formei- may act under them, although 
 he is not compellable to do so ; but as this course is highly objec- 
 tionable, as well as dangerous, Blagistrates, except on a great emer- 
 gency, always employ authorized officers. A private person acting 
 under warrant, not being a known officer of the law, is required to 
 give every satisfaction to the party he would arrest, as to his au- 
 thority 10 act, and should use great caution in all his proceedings. He 
 should keep close to the directions contained in his warrant, and to 
 the general law in relation thereto. By performance of the thing 
 in full for which he was appointed, the special officer becomes dis- 
 charged from the office as to such act, and can interfere no further 
 in the matter. Again I caution that the regular consriabie, only, 
 should be employed. 
 
 si 
 

 15 
 
 UI. THE COiNSTABLE'S POWERS AND DUTIES. 
 
 THE POWER OF DEPUTATION. 
 
 The office of Constable may be executed by Deputy, when by 
 reason of sickness or other sufficient cause the principal cannot e?ce- 
 cute the office himself; but the Deputy should be a fi^t and proper 
 person for the office: he ought properly to be appointed m wntmg, 
 and must be accepted and sworn in. [The foUowmg form of 
 Appointment of a Deputy, may be used. 
 
 I, A. B., Constable of in the County of do hereby, 
 
 make, substitute, and appoint C. D., of in the sa.d County, Yeoman, 
 
 my trie and lawful Deputy in the office of Constable, so long as shal hold 
 the same ior " during the continuance of my will and pleasure"] Dated at 
 tlieTown of this day of A.D.18- ^ ^ 
 
 ] 
 
 HIGH constable's PECULIAR DUTY. 
 
 The Hi-h Constable acts for the County at large, and has the 
 superintcndance and direction of all other constables in the County. 
 He is the more immediate auxiliary of the Magistrate m the preser- 
 vation of the peace ; he is bound to attend the Quarter Se^ionsand 
 ; ac^upon the instmction of Justices of the Peace. He shouW 
 report at every Session on the state pf the Queen's Peace withm the 
 Cpiuity. 
 
 THE GENERAL AND SPECIAL AUTHORITY OF CONSTABLES. 
 
 The authority of Constables is general and special ; the office 
 nartaking of the nature of both. The general authority accrues by 
 'virtue of their own right as officers-the special authority accrues 
 by the right of some one else. 
 
 All constables are conservators of the peace by right of their 
 office, and are also the vmnedMe u .1 proper oj^a. of J^'^'^^jf}^ 
 Peace. Under these two heads the subject m xtter may be for the 
 most part collected and arranged. 
 
 AS CONSERVATORS OF THE PEACE. 
 
 Constables by virtue of their inherent powers "''Y^h ^^°"' 
 warrant in the prevention of crrme, and ^oj^^'^^^^^^'f^^'Z- 
 
 As the imm,dmte a«d proper officers of JmU«^ of fc P'^'^ 
 stables act under.and are bound to obey the lawful manoates of the 
 Magistrates of their County. 
 
16 
 
 ini. 
 
 C0N8TABLK ACTING ON HIS INHERENT AUTHORITY AS CONSERVATOR 
 
 OF THE PEACE. 
 
 Withxnit Warrant. '^ — It is always safer for a constable to act 
 under the warrant of a Justice of the Peace ; and, where circum- 
 stances permit delay, he should take care to arm himself with one ; 
 but immediate interference is frequently necessary, and, as a con- 
 stable, is in most cases, liable to punishment, for neglecting to act 
 when the law permits him to do so, the nature and extent of his 
 powers should be rightly understood, that on an emergency, he may 
 with promptness and decision do what the law requires of him — for, 
 as 1 have already mentioned, this general authority must be exer- 
 cised according to the use of the office, as sanctioned by the law of 
 the land. 
 
 In the Prevention of Crime.] — A constable, not only may, but 
 must interfere, to prevent a breach of the peace, or any felonious 
 offence which he sees about to take place: or when such is 
 expected, on receivmg proper information thereof, he should attend 
 to deter the evil disposed, and prevent the perpetration of crime. 
 " Laws for prevention, are ever preferable, to laws for the punishment 
 of offence" — and in the proper exercise of his authority in this par- 
 ticular, the constable may, in his station, materially assist in preserv- 
 ing the peace of the Country, and in preventing violation of the law. 
 With good tempered firmness, he will rarely fail in securing submis- 
 sion to his authority. Thus, if persons are about to commence a 
 fight, on some sadden quarrel, or are assembled together with an 
 intention of assisting each other agaiijst any one who will oppose 
 them in the execution of some illegal act, or for the purpose of creat- 
 ing a riot, or are encouraging a riot, by word, sign, or gesture ; or if 
 a person in anger manifests any intention to injure the person of 
 another ; or even in case of threats to do any bodily harm to another ; 
 or to burn the house of another ; or indeed to commit any crime 
 against the Queen's Peace, if the party seems to be on the point of 
 carrying out his threats — in all these cases the offending parties may 
 be laid hands upon and restrained, or be arrested by the constable, 
 and kept in custody in some secure place till the affair is past, or 
 their heat and passion is over ; or they may be brought to the nearest 
 Magistrate to find Sureties of the Peace, or to be otherwise dealt 
 with as he may deem right and legal. Should the arrest be made 
 at night, the party may be confined in the gaol, or in a lock-up 
 house, or other secure place, till the following morning ; but then the 
 
 the earliest convenient hour brine 
 
 __„~i.„i-i_ 
 
 _i 1 1 
 
 SUUUiU 
 
 par 
 
17 
 
 He will 1)0 liable to nil action i( he does not 
 
 before a Maaislrate. . , , • 
 
 Jwo„ld,p,obably,U.e,v,u.,.y keeping tl>c prisoner ,n C'-;^"^!;.;'^;"^ 
 "f L. dintio,,: U-t this, however, l« borne n.mn.d, ha^^, ,f the 
 tl2sh rs but triflins, and no h„rt be infhcted, the constahle may 
 con™nt h,m«=lf with parfng the alimyers, and command.ng the 
 reale Interlbnng further ,n petty di,pnte» can be proctaet.ve of no 
 good ; ,«=i(ieation of the l»rtics may an.vver every pnrpose. If he 
 ^Ly be great and da.gcrn„s,aadafelony .bkely tote commuted, 
 o,rd™"e>-ous wonnd given, of co,n.e it is otherwise, the consHble 
 ^honh ":-rest the ..utu. at onee, and .where the aftrayers have 
 weamn. of any kiLl they shonld be taken from them for the t,me. 
 I eonstable wiU be jnstihed in breaking into a house to prevent a 
 felony being eommitte,!, and tl,e l.ke n, order to suppress an actual 
 Iffri likely to end in bloodshed, n.ade ,n a house w, U„, the v,ew 
 orhlringof a constable; admittance m all eases bemg first de- 
 manded and refused ; but more of this hereafter. 
 
 To suppress an affray, or accomplish an nrrest, a constable tnay 
 call to his a sistance any private person present, who w,l be bound to 
 render aid, under the penalty of severe pmrshment tor relusal or 
 relet ; b .t the constable must carry this in m.nd that, to warran ttas 
 nterfer nee, there must be evUlent appea,.nce, that a felony or oUte, 
 l"me againk the Queen's peace is on the ,K,mt of bemg commt.ted 
 a„rL caution, also, may be given as '« *«f ' "-Vm'o'Ho 
 Irds op abusive or violent language used to the^consUtble, or to ■ 
 woras, or aousiv ,..,,,.„i..|,,j ,„ Jeter the officer from domg 
 
 any other person, unless calculalia to crci. ■ n „„t «f 
 
 h,s dnty, or directly tendmg to a breach of the peace, would not of 
 *emseL form a sufficient ground for the arrest ol the wrong-doer^ 
 Every constable should prop'rly be provided wrth a pamted 
 staH- as an ensign of hrs authority, as well as a weapon of defence. 
 •Ite Zdd be held so that it can be read.ly seen, lor if the no.se be 
 t^ g atto make h.msdf heard, the prodnCon of h,s staff may be 
 Md a notification of the constable's authority. Wtoe possible, let 
 a CoiXhie make know„-h.s office by word o, -;' ' -^«^ 
 parties in the Queen's name to submit to his authority. Let lutn be 
 ^land forbearing, ..evertheless let '"«' ^P^,™, ^ a'lS 
 strenuous and intrepid in the discharge of his duty-he has a good 
 tCZ the law vindictive punishment awaits the man who dares 
 t:'; t— UheConUle. Al»vea,l,leth,mnotbecom^ 
 
 the wrtizan of either j^rty in any affiay or disturbance ; for from 
 hrornthedoes,he'become,thennnisterofmiscb,e,a.^^^^ 
 
 to be the minister of the law, and is stripped of aU its piotcaion. 
 
 c 
 
18 
 
 IN SECURING OFFENDERS. 
 
 :u 
 
 Arrest on View.] — Whenever a breach of the peace, or any 
 offence which inchules a breacii of the peace, is committed in the 
 presence of a constable, he can arrest the offender and bring him 
 before the nearest Magistrate, to be dealt with according to law. 
 
 A breach of the peace may be in an assault ; for example, — by 
 one person striking another with his hand, a stick, a stone, or any 
 thing put in motion, by the offender. Indeed, laying hold of, or the 
 least touching, be it ever so small, of another's person, if done in 
 an angry, rude, insolent, or hostile manner, is a battery and breach 
 of the peace. If an affray be committed, as by two or more persons 
 fighting in a public street or highway, it is a breach of the peace ; 
 — offences of this kind are termed in law misdemeanours. 
 
 Unless under the special provision of certain statutes, a constable 
 cannot arrest, without warrant, for a misdemeanour, unaccompanied 
 by a breach of the peace ; and even for simple breaches of the peace, 
 the constable will not be safe in acting, unless the offence is committed 
 in his view. (Had time permitted, my intention was to have made 
 out a table of offences, giving a short description of each, and dis- 
 tinguishiiig between Misdemeanours and Felonies, and noting cer- 
 tain minor offences for which parties may be arrested under particular 
 stp*utes.) 
 
 If a felony be committed in the presence of a constable, it is his 
 duty at once to take ihe offender into custody ; and he is bound at 
 all risks to use his best endeavours to do so. Nothing short of immi- 
 nent danger to his life will excuse liim for allowing the offender to 
 escape. 
 
 It would serve little purpose, to give a definition of what consti- 
 tutes a felony. It is sufficient to say, that it is an offence higher 
 than a misdemeanour. I would in general terms enumerate certain 
 offences amounting to felony, viz.: felonious homicide, or the 
 killing another under any circumstance, except by mere niir.-ortune, 
 or clearly in self defence ; — unlawfully and maliciously shooting at 
 any person, or attempting in any manner to discharge any kind of 
 loaded fire-arms at any person, with intent to maim, disfigure, dis- 
 able, or do some other grievous bodily harm to such person, or with 
 intent to prevent the lawful apprehension or detainer of any person ; 
 — assault with intent to rob — with menaces or by force dcrnanding 
 money or property of any person, with intent t6 steal the same ;— 
 highway robbery —house robbery— stealing any horse or cattle of any 
 kindj or other vahiabk. property, public oi private ;— breaking into a 
 
 
19 
 
 hoase with felonious intent i-unlawfully and maliciously setting 
 fire to a dwelling-house, out-house, church, meeting-house, school- 
 house, or any other building, whether pubUc or private property; or 
 pulling down, or in any way destroying a public bridge ;-';»la^fully 
 and maliciously killing, maiming, or wounding any cattle. These, 
 and many more offences not enumerated, are termed m law, /e/omes. 
 But a Peace Officer will remember, that it is not for him to 
 determine any nice questions as to criminality, where an act has 
 been committed, bearing a felonious aspect; ^^^ i^^^'^f ' "^ ^^"^^j^ 
 case where life ha^ been lost, the party occasioning the death should 
 be secured ; it is for others to say whether any fault attaches or not ; 
 and the term malice, used in respect to ofTences, is not to be under- 
 s^ood in the ordinary sense, as enmity of heart against the person 
 miured. Where a man commits an unlawful act under such cir- 
 cumstances as are ordinary symptoms of a wicked spirit and a 
 heart regardless of social duty, in general the presumpUon of law is 
 thatheLted advisedly, and with an intent to produce the conse- 
 quences which have ensued-that is malice in construction of law. 
 Uwn Infmnation from others.]~ln simple breax^hes of the 
 Peace,as has already been mentioned, a constable should have view 
 of the offence to authorize his arresting withoiU a warrant ; but 
 although he may not have actual view of a felony committed, yet 
 .f he has information of it, and that a positive cMrge is made by any 
 one individual against another, the constable is bound to take up the 
 party charged with having committed the felony; and even where 
 L ixjsitive charge is mad., and a felony has been committed, and 
 strong circumstances of suspicion, mmdent to induce a reasonable 
 beliefof the party's guilt, are laid before the constable, he may arrest 
 the supposed offender, and he will be justified in doing so, although 
 it should atlerwards turn out that the party is innocent, or that the 
 eharc^e was wholly unfounded. As in tliis last case the constable 
 xvillnot be protected trom the consequences of an improper arrest, 
 unless he has acted iairlV; and upon strong grounds of suspicion, he 
 should, if the individual making the charge is not known to him as 
 a credible person, by .ome means fin.^ -it the character of the com- 
 plainant before he, the constable, ven s to act on the information. 
 
 And the known respectability and good character of any persou 
 charged, and the cunseauent improbability of his having committed 
 the offence, should always induce the constable to be very cautious 
 before he interferes. He must exercise a sound discretion as to 
 whether he will proceed on the information given to him, or leav» 
 

 I! 
 
 f 
 
 ( 
 
 
 20 
 
 tlifc paity iiituiming, to apply to n Magistintc. Where a constable 
 arrests the supposed ottericler on tlie jxjsitive charge of another, or an 
 reasonable groiDids of suspicion laid before liiin, the responsibility 
 rests with the party accusint!, and not with the constable, although, 
 as before stated, the charge prove to be unCounded. • 
 
 On the Officer's own suspicion.]— A Constable may himself, from 
 circumstances within his own knowledge, discover, or on reasonable 
 or probable grounds, suspect that a felony had been committed, or, 
 on joining together various items of information received, he may 
 liave reason to suspect some particular individual of having com- 
 mitted a felonious crime. Where mattoi-s and circumstances 
 which the constable is acquainted with are sufficient to raise a 
 strong presumption — to m-ike it very ]irol)able — that a felony had 
 been peipetrated by a parly, he is justified in arresting the jiarty he 
 suspects lor it ; and this although it should aflerwards turn out, that 
 no felony had been committed, or, that tlie party arrested was not 
 the guilty party ; provided, indeed, that the constable had /rar and 
 reasoncihle grounds for his suspicions. 
 
 The causes of suspicion will depend much on the nature of the 
 offence — the place wherc,'4ind the way in which it was committed ; — 
 its being the obvious result of criminal negligence or design; — the 
 apparent motive, — and these causes must necessiirily vary in every 
 particular case. The ordinary legal grounds of suspicion are said to 
 be these, namely — the common fame of the country, being found in 
 such circumstances as induced 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 any part of 
 goods stolen without being able to give a probable account of hav- 
 ing come honestly by them ; the behaving oneself in a manner to 
 betray consciousness of guilt; being found in company with one 
 known to be an offender; the living an idle, vagrant and disorderly 
 life, without having any visible means to support it. Some of these 
 grounds are vague and indefinite, and rtMpiire support from other 
 circumstances to form reasonable grounds for suspicion. 
 
 Caution as to arrest withmtt warrant.'] — In all cases of arrest it 
 is usual and proper for the constable to make known his office, 
 and to demand of the party to surrender in the Queen's name, 
 before recoui-se is had to violent measures. Private persons present 
 may be called upon, and are bound to aid the constable in effecting 
 
 ♦V>o orKQof \X7"tio»i th" rifil^nAar ic! eA,>iirofl V"^ «linnlfl Ina Timno-Vit flt. 
 
 g^rice before the nearest Magistrate to be examined, and that the 
 
'il 
 
 charge may be iiivesti. 
 tght, the party may be seemed ui some. 
 
 .i.alL'd If tl»c hour In' unseasonable, as at 
 '^^'•^"* . ;.... ..1,,,.^ till ticxt 
 
 ui 
 
 day 
 
 bo dotainecl to prevent rescue, or if the par 
 
 onvenient place till next 
 f the party bp sick 
 
 istrate 
 )le iiciay m mmi:,"'^ - 
 
 should take ])lace. ... .1. .....in rnore nar- 
 
 ♦ v.:,wr nm'sls and resistance thereto more par 
 
 "Arrests without u.umiit. i\,at private 
 
 subjeet-arrosts w.tl.out ™-™;; " ^^ J ^ j'by U» to .rrest a,, 
 
 „,aivUl„als are '"t ^ H-- 'i^; ,J,, „, . „.„,ero„» 
 
 offender ,f present at tile till.. > aiffieiilt to find 
 
 wound sive,,,a..a "^^"f^^^^^Z o a^est a man for . 
 „„y case wbi^in a co u e ™ ^^ _^^^^^^ ^^^^^^_^ ^^.^^^_^^^ 
 
 felony eoianiitted 01 .,ttiiipt.a, in .,,i^,,.ai,|c,.ence between 
 
 - wen be i-;'';;; ;;;':'^ Ltbl! 1 d a private person, in respect 
 tl,e ixivver and duty ol a const l ^^^^ ^,^^^^ 
 
 „rsueharrests,seems o be hi ^.tyh ^^^^ ,^^,^^ ^^ ^,^^ 
 
 ...Uiority to ^^Jl^::^^,,^., has no sure way to dis- 
 severer me '" /'"V '^;';" „, „,„ ,,,„„ u,,,,a.liend. 1 by him or 
 charge liunseU ol thejucsio ,,istiee of the Peace, in order 
 
 ,,,ony, without brin.u,,. in bet iistie c _^^^^ _^_^^^ ^^^^^ ^^ 
 
 rrrt,r;:'ori;::X;hi prisoner .m. theHanasonheeon- 
 
 n-ut it is said, that a conslable ^:;;'-:'!:^ 2:;X: Zt 
 those whom he shall see actual y «'S S " ' ^JI ^^^eL a private 
 detain them till they (i."l sureties o ' ' 1-^^-' * j^^„^,a 
 
 ^.on seems to '-; "-J -j;™'; ; Tafj; t,l, the hea, 
 
 -•''•''■\t"'^nv: '.hentt'tirconltable, and also stop those 
 be over, then delivei them to i it isdiflicultlo 
 
 whom he shall sec eomnrg to ^'"-^^ly "reater power than 
 find any instance where.n a »>«f^^ "^J ^^ ^.^ ^^ . „„d it 
 a private person over a hrcaeh ° " l'^^^^^; ,,,^ „ffe„ce, 
 
 seems clear that he =™»V", U Hre ^ce \-^.-IIa,vHns.] 
 
 I, 1 ^«if.r or bv written warrant oi a iVlagisiraie. 
 verbal order, or oy wiii>^ i,„+:r.r,ilvflp«!iffna- 
 
 ted Cmservatm-s of the Fea^:e, li bcmg the tu , a .... 
 
i) 
 
 i 
 
 28 
 
 office: and the yiieeu'a Commission to them dnected, emj^wers 
 fvery mdividual Mugistmte to employ his own authority, and to 
 comniivid the help of others, to restrain and pacify all persons who 
 in Ins presence and within his jurisdiction, by word or deed, shall go 
 about to break the Queen's Peace. 
 
 Should n Magistrate, therefore, be present when a riot, an affray, 
 an assault, or a felony is apprehended, or near being committed, or 
 going on, or has been actually perpetrated, being the constables supe- 
 rior officer, it, in some measure, diminishes the constable's responsibil- 
 ity should he apply to the Magistrate for direction, and follow the 
 orders given. If a magistrate has view of facts which authorize his 
 mterference as a conservator of the peace, he may at once, by word 
 of mouth, order any private person, and of course a constable, to 
 arrest parties offending, and this order shoiUd be executed promptly 
 by the officer—I mean if the order be such an one as the Magistrate 
 has power to give— for it is a clear principle of law, that the com- 
 mand of a superior officer will not justify the nferior in the violation 
 of law. This caution is scarcely necessary in this county, but could 
 not properly be omitted. 
 
 ACTING UNDETR ORDINARY WARRANT. 
 
 His duty on receipt of Warrmu:\~-M already mentioned, n 
 constable is the proper officer of Justices of the Peace, and bound to 
 execute their lawful warrants, with all speed and secrecy, and 
 strictly according to the direction therein ; and if in any particular 
 he fails to perform his duty herein, he is liable to severe punishment. 
 When a warrant is put into the hands of a constable to be 
 executed, he should examine it to see in the first place, to whom it 
 is directed ; and if directed to him by name, or by name of his 
 office, or to him or otho« "onstables by name, he is em}x)wered to 
 act uix)n it. He shouM \'\ the i ext place, ascertain from it the 
 nature of the offence— v iieciiai i Jcny, breach of the Peace, or simple 
 misdemeanor— as that n^ist in a great measure regulate his future 
 proceeding. He then sees if the party named, or described m tJie 
 warrant, is a person personally known to him, if not the constable 
 should find out, what country the party is a native of— his |>ersonal 
 appearance, manner, the dress he is supposed to wear, and any other 
 peculiarity the individual may be recognized by— and, whenever it 
 can be done, the constable should bring with him some person able 
 to point out the party— for the officer is not only bound to use his 
 best e:-:ertions to make an arrest, but at his peril makes it ; for should 
 , the wrong peiBon be taken up, a constable, who acted unguardedly, 
 
 
23 
 
 would be liable to iin action. [It may !)« well here to notice, that 
 the name of the party to be apprehended should be accurately stated 
 in every w.rrant ; but if the name of the party be uftknown, the 
 warrant may be issued against him by the best description the 
 nature v^f the case will allow, as " the body of a man wboso name is 
 unknown, but whose person is well known, and who is employed u» 
 the driver of cattle, and wears, &c."— (Chitty's Crim. Law, 39.) ] 
 
 The arrest may be made in the night, us well as in the day, 
 but, except lor treason, felony, or breach of the peace, arrests on a 
 Sunday are prohibited. 
 
 Execution of the Warrant.']— Mihongh the constable to whom 
 the warrant is directed must personally execute it, yet any other 
 officer or person may lawfully assist him. if the warrant be directed 
 generally to all constables of the county, no one shoidd execute it 
 out of his own precincts, for in such case it istohe taken respectively 
 to each of them within their own division, and not to one of them 
 to execute iL within the division of another. But if it be directed 
 to a particular constable by naT)ie, he may execute it anywhere 
 within the jurisdiction of the Justice, but is not compellable to 
 execute it out of his own constahlewick, or place he is appointed for. 
 [With respect to the person who may execute the warrant, it seems 
 that if it be directed to the Sheriff, he may authorize others to 
 execute it, but if it be given to an inferior officer, he must personally 
 put it in force, though any one may lawfully assist hun. Where an 
 otHcer employs others to assist him he must be so near as to be act- 
 ing in the arrest in order to render it legal.— (Chitty's dim. Law, 48 
 and 49.) ] 
 
 The jurisdiction of a Justice of the Peace is only co-extensive 
 with the County he, is appointed for; and a warrant cannot be 
 executed out of the county or jurisdiction of the Magistrate gmnt- 
 
 ing it. 
 
 Where the party, against whom the warrant has issued, is m 
 another county, it should be backed by a Justice of that county 
 before the constable makes an arrest under it. The constable only 
 requires to lay the warrant before the Justice, who will make the 
 necessary endorsement upon it, upon proof of genuineness. [The 
 wan-ant of a Justice of the Peace cannot be executed out of his 
 county unless it is baclcdy that is endorsed by a Justice of the county 
 in which it is executed. By Stat. 24 Geo. IL chap. 55, sec. 1, it is 
 euacted, 
 
 That « if any person, against whom a warrant shall be issued, shall 
 
r^ 
 
 \ 
 
 \ #■ 
 
 24. 
 
 f« esc?ipe,^ivo into, lesulp, or be in any place onl oi the jnnsdiclion of the 
 "justirc ^icintinf,^ the warrant, either before or after the issuing thereof; aajr 
 " Justice for the comity or place, where such person shall so escape or be, 
 '< upon proof on oath oi' the liandwrilin- of the Juslioe glinting such warrant, 
 '♦ shall endorse his name tliereon ; which shall be a sufficient authority to 
 " the person brinjring such wanaiil, and to all other persons to whom the ;am8 
 " was originally directed, to execute the same in such other county or place, 
 " and to carry the offender before the Justice who endorsed the warrant or 
 " some other Justice or Justices of tlial comity, if the offence be bailable, and 
 " the oHender bo ready to give bail ibr his appearance at the next Assizes or 
 <' Sessions for the county or ])lace where the offence was committed ; and 
 " such Justice or Justices shall take bail accordingly, and shall deliver the 
 " recognizance, with the examination or confession of the offender, and all 
 «' other proceedings relating thereto, to the constable, or other person, who 
 " shall (on pain of .110 to him who shall sue) deliver over the same to the 
 «■ Clerk of Assize, or Clerk of die Peace, where the offender is required to 
 <■<■ appear. And if the offence be not bailable, or ho shall not give bail to the 
 " satisfaction of the Justice before whom he is brought, the constable or Ovner 
 "person shall carry the offender before a Justice of the proper county or 
 " place where the offence was committed, there to be dealt with according 
 "to law." 
 
 In Rc% V. Kynaston, 1 East. 1 17, the Conrf ofK. B. held, that 
 pioof on oath, of the hanclwrithig of the Justice who granted the 
 wari-ant, made before the Justice of any other county, to whom the 
 same was tendered for endorsement, [was sufficient to oblige hiin to 
 endorse the same, for execution within his jurisdiction, being of 
 opinion that he had no discretion over the subject matter, and on 
 affidavit of his refusal to endorse, granted a mrmcl/iimts to compel 
 him. Ld. Kenyan, C. J. snid, — The Justices by whom the original 
 warrant was issued, had a discretion to exercise upon the matter 
 submitted to them ; but the Magistrate who merely endorses the 
 warrant of another, and r this Act, is not answerable for the legality 
 of it, which remains at the hazard of him .who first granted it. 
 
 The Form of backing or Endoisement, may be thus : 
 County of i FoRASMUCir as proof upon oath hath been made before me J. P. 
 
 ( Esquire, one of Her Majesty's Justices ot the Peace for the said 
 
 to wit. ) County of , that the name A. 13. is of the handwriting of 
 
 the Justice of the Peace within mentioned ; I do hereby authorizi A. C. 
 who bringelh to me this warrant, and all other persons to whom the said 
 
 •warrant is directed, to execute the same within the said County of . 
 
 Given under my hand the day of in the year . 
 
 — , J. P. 
 
 And the Justice may further order (if he think fit) the party, 
 according as she shall appear bailable or not bailable upon the face 
 of the warrant, to be brought before himself, or some other Justice or 
 
25 
 
 Justices of that county, or to be carried back into the county from 
 whence the warrant did issue. -(Burn's Justice, Vol. 5 p. 576.) ] 
 
 \ general warrant is in force, and may be executed at any time 
 durint ^helife of the Magistrate who grants it. An arrest, as 1 
 before mentioned, at night is good, and for treason, felony, or breach 
 of the peace may be made on a Sunday. 
 
 Wfuit an Arrest.y-hJi arrest is the apprehending or detaining 
 of the person in order to be forthcoming to answer an alleged or 
 suspected crime. The officer should not merely content himself with 
 securing the offender, but should actually arrest him ; so that if he 
 escape, or is rescued by othera, he or they may be subject to the 
 penalties of escape on arrest. 
 
 To constitute an arrest, the party should, if^ possible, be touched 
 by the constable: bare words will not make an arrest without laymg 
 hold of the person, or otherwise confining him. But if an officer 
 xjome into a loom, and tell the party he arrests him, and locks the 
 door, this is an arrest, for he is in custody of the officer. Or if m 
 any other way the party submit himself by word and action to be in 
 custody, it is an arrest. 
 
 Haw made.]— A constable sworn and commonly known, acting 
 within his own township, need not show his warrant, but he should 
 in all cases acquaint the party with the substance of it, and the 
 cause of arrest. 
 
 In every case where the constable acts out of his own township 
 where he is not known to be a constable, he should produce his 
 warrant if required; and to avoid all excuse for resistance, it is 
 recommended, whenever demanded, that the constable should pro- 
 duce and allow his warrant to be read ; but in no case is he required 
 to part with it out of his possession. If the party snatch or take the 
 warrant the constable has a right to force it from him, using no un- 
 necessary violence in doing so. 
 
 Resisting Officer.]— A constable is bound to ixseihe utmost cm- 
 tion ^d forbearance in case of resistance, but he may lawfully use 
 force to overcome resistance. The force used should not exceed the 
 necessity of the case, and should cease the instant resistance is over 
 —to beat or abuse a prisoner who is powerless is both unmanly and 
 
 illegal. 
 
 If the offence be less than felony, and the party fly and will 
 
 ' not yield himself, and the constable kill or seriously wound him in 
 
 pureuit, the law will not protect J:he constable ; he would be held 
 
 guilty of murder oi: manslaughter (in case of death) even where 
 
 I 
 
2« 
 
 the jKirty wouJcl otherwise have escaped, and this whether iitf 
 acts under a Magistrate's warrant or not. 
 
 In all cases of misdemeanour it is better to risk an escape than 
 do that which may result in loss of life. 
 
 But i[ such ])erson, eitlier upon au attempt to arrest him, or 
 after the arrest is made, assault the officer to the intent to make his 
 escape from him, and the officer standing on his guard wound or 
 kill him, this is no felony, for the officer is not bound to fiy or give 
 way — the law is his protection. 
 
 Though not bound to retreat at all, yet the officer ought not to 
 come to extremities upon every slight interruption, nor without 
 reasonable necessity. 
 
 Where a lawful and sufficient warrant issueth against a person 
 for felony, and the constable, to whom it is directed personally, is 
 acting within the jurisdiction of the Magistrate who grants it, and 
 the person who is to be taken under it flies or defends himself with 
 stones or weapons, and the officer cannot take him without inflicting 
 personal injury ; should the felon happen to be wounded or killed 
 by the constable, in the endeavour to effect his arrest, or prevent 
 his escape, the law woidd hold the officer excused. But there is 
 this caution. The case nuist be one in which it would clearly ap- 
 pear that the felon could not be taken without resort to extraordinary 
 violence. 
 
 The law arms the constable with these extraordinary powers, 
 and it is right they should be noted ; but in this country, instances 
 in which it has been necessary to bring them into play are " few 
 and far between," and discretion and good temper in the constable 
 will nearly always prove successful without resort to extraordinary 
 violence. I would reiterate, that, whenever necessary, a constable 
 may call upon any by-stander in the Queen's name to assist him in 
 making an arrest, or securing an offender ; and that private persons 
 acting in aid of the officer are entitled to the same indemnity 
 as the officer, for their acts in his aid ; that resistance or interference 
 with the officer in making an arrest, is illegal, and subjects the 
 parties to an indictment ; that the tliird person esixsusing the cause 
 of a prisoner, lawfully apprehended, and in the custody of a consta- 
 ble, and encouraging the prisoner to resist, may be imprisoned by 
 the officer for thus opposing the operation of Justice; that any 
 rescue or attempt to rescue a prisoner from a constable, subjects the 
 offenaer to imprisonment in jail, or to be sent to the penitentiary, 
 according to the nature ofthe offence, or tiiecirciuustances attending 
 the rescue ; and that if a jsirty be convicted of an assault upon a 
 
27 
 
 constable in the due execution of his duty, or ui)on any ^frson acting 
 in aid ofsuch officer, the Court may sentence the oflender to im- 
 prisonment for two ycai-s ; and moreover should a ])arty arrested 
 escape, the constable, on fresh pureuit, mn- retake him, whether he 
 find liim in the same or a different county : but if the constable does 
 not immediately follow the prisoner he should have an escape war- 
 j-ant from a Magistrate. 
 
 Duty after armi.]— The constable should impose no more force 
 .or restraint than may be necessary to prevent escape. Where the 
 charge is for assault, or other comparatively minor offence, and the 
 defendant is of good repnte, and there is no probability of his ab- 
 sconding, less restraint may be considered necessary than in offences 
 of a greater magnitude. 
 
 The age and bodily strength of a prisoner are matters to be 
 thought of by the constable in determining the amount of restramt 
 he will use. He certainly ought to treat his prisoner with kmdness ' 
 and humanity, and should use no unnecessary severity or constramt. 
 Yet it is his bounden duty to use all reasonable precaution to pre- 
 vent escape, especially for serious offences, or if there be any appre- 
 hension of an attempt to escape on the part of the prisoner, or rescue 
 by others. If several persons are arrested for an offence, and it be 
 a serious one, the parties should be kept separate from each other, 
 and not permitted to have any communication previous to being 
 brought before the Magistrate for examination. 
 
 General r//>cc/.zo«s.]~Where the constable has made an arrest, 
 with or witliout warrant, he should, as soon as possible, bring the 
 party before a Magistrate, according to the terms of the warrant, 
 and if guilty of any unnecessary delay he will be liable to punish- 
 ment : but if the arrest be made in or near the night, or at a time 
 when the prisoner cannot well be brought before the Magistrate, or 
 if there be danger of rescue, or the party be ill and unable then tx> 
 be brou'rht up, the constable may secure him in the County Gaol, 
 in a lock-up house, or other safe place till the next day, or untd it 
 maybe reasonable to bring him up before the Magistrate; but a 
 warning is again given against any iimcasonaJde detention. 
 
 If the warrant be to brinrr the party before the Magistrate who 
 issued it, the constable is bound to bring him before the same Magis- 
 trate ; but if the warrant be to bring him before any .lustice of the 
 Peace of the County, then the power of election is m the constable, 
 nndnotinthe prisoner, and the former may proceed to any con - 
 TPuient Magistrate in the Couuty. When the prisoner is brought 
 
S8 
 
 before the Magistrate, he is still considered in the custody of th« 
 officer, until Miled or discharged, or committed to prison. 
 
 ACTING UNDER SEARCH WARRANT. 
 
 Mode of Executing ztJ] — The constable's powers, acting under 
 search warrant, appear to require a separate notice. 
 
 With respect to its direction, and the County or place wherein 
 it may be executed, the rule is the same as in other warrants. In 
 executing it, the constable must be careful strictly to pursue its 
 directions. It is usual to direct that it be executed in the day time, 
 but even if not so directed, it is the better course, unless where there 
 is danger of the stolen properly being taken away in the meantime. 
 The warrant commonly specifies the place to be searched, the goods 
 to be seized, and the person to be taken. As to the mode of procedure, 
 if the outer door of t?ie house to be searched be shut, and, upon 
 demand, not opened, it may be broken open, and so may inner doore, 
 boxes, &c., after the keys have been demanded and refused. 
 
 Proper Precautions. 1 — The constable should not take away any 
 goods but those specified in the warrant, unless they are indispen- 
 sable in substantiating the charge of stealing the goods specified. 
 
 As great caution is necessary on the part of the constable, to 
 avoid mistakes, he should bring the person who has lost the goods 
 with him, in order to point them out. The constable should come 
 with sufficient assistance to watch outside the house or place, to 
 prevent the things being taken away while he is making a search 
 within. H;^ should bring with him materials for striking a light, if 
 necessary, and he should take sufficient time to make a thorough 
 search. 
 
 Disposal of Goods «<d-ew.]— When the goods, or any part of them 
 are found, the constable is to brmg them, and the person, before the 
 Magistrate according to the directions of the warrant. To restore 
 them to the possession, if so directed, after the examination, by the 
 Magistrate, or if the party is conmiitted, to keep them, if not deposited 
 at the Magistrate's office, in order to their being produced at the trial. 
 The goods may be marked, or otherwise be thoroughly examined 
 by the constable, that he may have no hesitation in afterwards iden- 
 tifying tliem. 
 
 If a horse, &x;., is the subject it is sometimes given to the sup- 
 posed owner, on his entering into recognizance to prosecute, and 
 giving security that the animal shall be forthcoming ; or it may be 
 put to livery ; but the constable will of course fgllow the directiont 
 of the Magistrate m. this particuiar.. 
 
Si 
 
 ACTING UNDER OTHER PROCESt. 
 
 Service of Summows.]— Without going minutely into the ques- 
 tion, little can be said on the head of service of summons in caset 
 of misdemeanour, &c. To speak in general terms, the summons 
 should be served as long as possible before the time appointed for the 
 hearing, in order to enable the party to prepare his defence. [Mr. 
 Chitty in his General Practice ofth^ Law (Vol. 2, p. 175,) says, the 
 time appointed must always allow sufficient opportunity between 
 the service of the summons and the time of appearance, to enable 
 the party to prepare his defence and for his jcurney ; and the 
 Justice should in this respect take care to avoid any supposition of 
 improper hurry, or he may incur the censure of the Court of King's 
 Bench, if not be subject to a criminal information. The precise 
 time will generally depend on distance, and the other circumstances 
 of each particular case. With analogy to other branches of the 
 law, a man ought not to be required omissis omnibus aMs negotiii 
 instantly to answer a charge of a supposed offence necessarily leas 
 than an indictable misdemeanour, on the same or even the next day, 
 and should be allowed not only ample time to obtain legal advice 
 and assistance, but also to collect his evidence ; and even the con- 
 venience of witnesses should be considered ; and therefore in general 
 several days should intervene between the time of siunmons and 
 hearing. In the superior Courts, in general, at least eight days' 
 notice of enquiry and of trial are essential for the preparation of the 
 defence ; and a charge of an inferior offence may require full as 
 much time, as there has not upon such a charge been any antecedent 
 notice of the proceeding, as in actions; and as these charges are 
 frequently made by parties under sudden excitement, it is better to 
 allow them time to cool ; and no inconvenience can result from delay, 
 for if it be expected that the alleged offender will abscond, he 
 may, in many cases, be apprehended in the first instance. ^AThere 
 the summons was to appear on the same day, the Court held it 
 extremely unreasonable, as the party's attendance might be impos- 
 sible, or he might not be able to collect his witnesses on so short a 
 warning ; but the Court held the objection aided by the defendant's 
 appearance, and entering into his defence without praying further 
 time.] Where the summons is in the form of a precept to the 
 constable, an examined copy should be served and the original kepM 
 where the summons is directed to the party, the original should be 
 
 served and a copy thereof retained. 
 
 . ii- - :-_ .^...f v»o «i/>r«n«t/T7 nn t.h« onendcf. DUl 
 
 in general, mc sciviue wnwi i/v pt^^v^- — 
 
N 
 
 it 
 
 t 
 
 30 
 
 »<>me particular isUitules authorize tlie service on grown np persons 
 at the offender's place olaho,le.(«) But when not expressly dispensed' 
 with by the particular statute, the copy of the precept, or the original 
 summons, as the case may be, must be personally served on the 
 defendant. [Lord Chief Justice Parker (says Mr. Payley, in his 
 TrecUtse mt Camictwns, Vol. 1, p. 23,) was of that opinion ; and tliat 
 the provisions, specially introduced into many Acts of Parliament 
 to make a service at the dwelling house sufficient, seem to justify 
 the inference that the law in other cases is understood to require a 
 ■ervice upon the person. 
 
 Under the Acts of 4th and 5th Victoria, chapters 25 and 26, 
 (which are of a general nature and practical importance,) a service 
 may be made upon the party either by " delivering the same to him 
 personally, or by leaving the same at his usual place of abode" (See 
 section 57, of the first named Act, and section 30, of the latter.)- 
 While under the 4th and 5th Victoria, chapter 27, section 40, the 
 service of the summons, is made on the defendant by deliverm^ the 
 same to htm,~so that,as already mentioned, it may be safely laid down 
 as a general rule that unless the particular statute authorize a service 
 by leaving the summons at the party's residence, it must be proved 
 on the hearing that he actually rccekcd the summons in due time to 
 enable him to attend]. 
 
 On the return day of the summonses, the constable should be 
 present at the Magistrate's office to make proof of service, and be in 
 attendance at the hearing.(('>) 
 
 Execution of Distress TF«rm«i.]— The Avarrant to levy a pecu- 
 niary fine or penalty, on a summary conviction, is given by express 
 authority of particular statutes. A constable is the proper officer to 
 execute it, and if it be delivered to him a reasonable time before the 
 day appointed for the return, he is bound to execute and return it 
 and IS indictable for refusal or wilful neglect. ' 
 
 (a) Even in thos- cases where a Statute authorizes service at the dwelling-house 
 .fthe partydo not appear, and the Magistrate, on enquiring into the time and circum- 
 stances of the service, finds it to be doubtful whether the defendant acmally received 
 the summons in time, the hearing ought to be adjourned that a fresh summons may 
 
 lir^ . ^ '^'^'"'^""' ^'^ ^'''' '"''^'^ '''''^ ^ «"'"">°"«' but too late to 
 
 enable him to prepare for his defence, he should attend before the Magistiate on the 
 
 whi'chT r'\^ ^''*'"u?'".'^' '™'' '"^ '''^""' ^« adjournment to another day,' 
 which the Justice would be bound, on reasonable cause shewn, to grant. 
 
 t,«n/2 ^^ *^' ^'"''^'■'^•^ ^' ""t '■^'^dy to proceed to the hearing at the appointed 
 hour, the constable as well as the party must wait during all reasonable hn,rs of th- 
 fame day. 
 
31 
 
 It is usually directed to a particular constable by name, as i» 
 iilso the warn},nt of commitment ; but what has been said in respect 
 to the direction ol" warrants generally, and where, and by whom 
 they may be executed, v/ill apply to the distress warrant, and warrant 
 of commitment. The distress warrant is in the nature of an execu- 
 tion, and everything under the head of goods and chattels, (except 
 .defendant's wearing apparel) such as cattle, furniture, grain, &c., 
 may be seized and sold under it. The warrant usually specifies the 
 time to be allowed between seizure and sale. [By Statute 27, Geo. 
 IL,chap. 20, sec. 1, it is enacted, that in all cases where any Justice 
 of the Peace is, or shall be required or empowered by any Act of 
 Ptirliament, to issue a w^arrant of distress for the levying of any 
 penalty inflicted, or any sum of money directed to be paid by or in 
 consecpience of such Act, it shall be lawful for the Justice granting 
 such warrant therein to order and direct the goods and chattels so 
 to be distrahied to be sold and disposed of within a certain time to 
 be limited in such warrant, so as such time be not less than four 
 days, nor more than eight days, unless the penalty or sum of money 
 for which such distress shall be made, together with the reasonable 
 charges of taking and keeping such distress, be sooner paid. 
 
 And by 27 Geo. II. , chap. 20, sec. 2, it is enacted, that the 
 officer makmg such distress shall and may deduct the reasonable 
 charges of taking, keeping, and selling such distress out of the 
 money arising by such sale ; and the overplus (if any, after such 
 charges, and also the said penalty or sum of mony, shall be satisfied 
 and paid,) shall be returned on demand to the owner of the goods 
 and chattels so distramed ; and the officer executing such warrant, 
 if required, shall show the same to the person whose goods and 
 chatties are distrained, and shall suffi3r a copy thereof to be taken. 
 
 A warrant of distress should be under the hand and seal of the 
 Justice. In returning the warrant the constable should set down in 
 writing, what he has made thereon, and what overplus, if any remains 
 in his hands, and if he finds no goods should state the fact. To 
 authorize a warrant of commitment, it is in some cases necessary 
 that there should first be a return of « no goods" under the Distress 
 warrant j this return should be proved by affidavit of the constable. 
 
 The Ibllowing Form will answer : 
 
 Personally appeared before me , one of Her Majesty's Justices 
 
 of the Peace, in and for the County o; — 
 A. D= 18— at in the said County ,- 
 
 -, on the day of 
 
 — jConstable of within 
 
 named^ who being duly sworn, upon his oath saith, that he has made diligent 
 
t^ 
 
 12 
 
 mrch for, but does not know of, nor can he find Bufficient goods and chattel. 
 
 01 Ih. wahm named , whereon to levy the within mentioned .urn of 
 
 — aa therein he is commanded. 
 
 Sworn before me at — — in the Count] 
 " "-* the day and year above 
 
 1 the County ^ 
 I mentioned. > 
 — , J. P. ) 
 
 A Warrant af Commitment by a Justice of the Peace is either 
 for the purpose of a future final adjudication, or to secure a party in 
 safe custody to await his trial for a felony or other offence where- 
 with he IS charged,-or to detain him till he gives bail to appear 
 •nd answer to the charge ;--or it is in the shape of a final order as 
 % ^^rmnt to commit in default, of sureties to keep the peace ;-or 
 (and this IS more in the nature of an execution) under the authority 
 of a particular Act of Parliament, to imprison for a certain limited 
 time, or until the payment of a fine imposed as a punishment for 
 the commission of an offence punishable on summary conviction. 
 
 Whether the warrant of commitment be for trial or in default 
 of sureties, or m execution for punishment, or on non-payment of a 
 line, the constable is bound to execute it with despatch, and strictly 
 according to the directions therein contained. It is directed to the 
 constable and the gaoler, the former being required to arrest and 
 deliver over the party to the gaoler, together with the warrant, and 
 the gaoler being required to detain the pei-son according to the 
 directions thereof; unless it expressly be made returnable at a par- 
 ticular time the warrant remains in force until fully executed. 
 
 Ilf RESPECT TO RIOTS, ROUTS, ETC. 
 
 In cases of tumultuous assemblies and riots, a Constable is some- 
 times called upon to act on his general authority, without warrant, 
 but commonly he acts under a Magistrate's orders, verbal or written, 
 and It seems proper to glance at the distinctions the law has laid 
 aown respecting them. 
 
 An un/awful assemUy is a disturbance of the peace by three or 
 more persons barely assembling themselves fogether with an inten- 
 Uon to do an unlawfvZ act, but neither executing it, nor making any 
 motion towards executing it. Any meeting whatever of a great 
 L^« ^^r'^"^ ""^«'' s»«h circumstances of terror as canno? but 
 endanger he public peace, and mise fears and jealousies amongst 
 the Queen s subjects, seems properly to be an unlawful assembly :- 
 as where great numbens complain of acommon grievance, andmeet 
 
 together, armed m ft wnrHto m.n»«. ;- — j.. x_ 
 
 ^,^ . ,, — ""-.«.^., In uruur lo consuic together 
 
 concerning the means of recovering their interests, for no one can see 
 
i)d 
 
 what will be the event, of such an ussernbly. And il llic intention 
 of those meeting be to accomplish a common object by violence ami 
 intimidation, and the meeting, IVom its general appearance, and 
 accom])anying circumstances is calculated to excite terror and con- 
 sternation, it is clearly criminal and unlawi'ul. 
 
 A Rnut is a disturbance of the peace by three or more persons as- 
 sembling together with an intention to do an unlawful act, and 
 actually making advances towards the execution thereof. 
 
 A Riot is a tumultuous disturbance of the Peace by three, or more 
 persons assembling together, of their own authority, with an intent 
 mutually to -tssist each other against any one who will oppose them 
 in the doing of some act of violence, or in the execution oi" any enter- 
 prize of a private nature, and afterwards actually committing violence- 
 towards executing the same, as for the purpose of beating a man, or 
 driving away some individual, or particular body or class of men, 
 from his or their lawful employment, or demolishing or pulling 
 down a building, &;c. It has been holden that the enlerprize must 
 l)e accompanied by some ofter of violence, either to the pei-son of a 
 man, or his possessions; as, by beating him, or forcing him to quit 
 the possession of his lands or goods, or the like. Aiid in every riot 
 there must be some such circumstance either of actual force or vio- 
 \ce, or at least, an apparent tendency thereto, us is naturally apt 
 to strike terror into the people ; as, the show of' arms, threatening 
 speeches, turl)ulent gestures, &c. Women arc amenable at law avS 
 riotei-s, and if a pei-son seeing others actually engaged in a riot, join 
 himself unto them and assist them, he is as much a rioter as if he had 
 at first assembled with them for the same purpose ; and any pei-son 
 encouraging, promoting, or taking i)art in riots, whether by sign, 
 word or gesture, is himself a rioter, (for in this case all are principals) 
 and is answerable for the acts of every one offhis associates in further- 
 ance of the common pur|)Ose. 
 
 If a number of persons meet together at a Bee, or a Wake, or ort 
 any other lawful and innocent occasion ; and on a sudden quarrel 
 they break the peace and fight, it is but an affray, of which none 
 are guilty but those who actually engage in it ; but if they form 
 themselves into parties with a pledge of mutual assistance, and then 
 make a tumultuous aflVay, it will amount to a riot, because of their 
 confederating together to break the peace. 
 
 Unlawful assemblies — routs — and riots are misdemeanours in 
 law, subjecting the offenders to fine «nd imprisonment. 
 
 Now private persons may lawfully endeavour to preserve the 
 
 ^ 
 
3i 
 
 piihlic peace, Mii.l (o i.pp,.i,sc (lisliiilKinocs by sliiyius tho persons 
 enpaged (i-om oxc-ciilini' llicir j.itrposc, and also by a nest, in i; (h.) 
 l)rogre,ssol'ot.lieisconiin- lo join ni The Inniult.: and more paKuMi- 
 Jiiily if a fdony bo abc.nt, lo be (Mmunilled, will Mu- inleibimnceorii 
 private poi-snn be JMslifiable— for a private person may do anythinj? 
 lo iM-event the perpetr.itiori of a felony— and consbdiles and other 
 poac^e omcei-s are especially bonnd to use exertion in restniininp ami 
 suppressing tnniiiDs and riots ; and dispersini- theofTenders l)y (bree if 
 il. cannot, otherwise l)e accomplished. 'I'his duty of the constable I 
 have already partially noticed when speaking ofhis powers of arrest, 
 withont warrant. 
 
 in suppressing a riot, constables are required by law to do all 
 that, lies in their power: all that can be reasonably expected lioni 
 inenof prudence, tirmness and activity, nnder the circnmstancef?. 
 riieir proceedings mnst of coarse be regnlated by their own strength, 
 iind the fissi.stance they can command, sis compared to the nuin^ber 
 of rioters, and wliether armed or not. But it is to be hoped that any 
 emergency of this kind may not arise, and if it should, that a Magis 
 trate will be present to give directions. 
 
 T know not what suggestions lo make in the details of duty ; 
 but were I acting as a constable, on such an emergency, I would 
 incline to this course— to emleavour to check the tinnult in its infancy, 
 by reasoning if possible with tlie ringleaders, or some of them, and' 
 endeavouring to dissuade them their purpose ; and call upon all 
 peaceable persons to separate from them, and then, if remonstrance,-*! 
 failed, and my jiarty strong enough, I would arrest and secure the 
 ringleaders at once. I would take no notice of irrit.ating langii«e 
 addressed to mc. I would pass by impertinence of every kind, care- 
 fully avoiding individu^ quarrel or altercation, or giving word for 
 word; and I woukUtr;; together with miy party as much iS iwssible. 
 
 Should the riot be of a serious and dangerous nature, and the 
 number engaged in it amount to twelve or more persons, and a Magis- 
 try,te, Sheriff, or other head officer, read the proclamation, undcuhc 
 Rwt Act, requiring the rioters to di,s])ersc themselves and peaceably 
 to depart; and if, notwithstanding such proclamation made, the parties 
 eng-aged, still continue riotously and tumultuonsly together by the 
 sfiace of one hour after such command to disperse,— they are more 
 than rioters— they become felons; and by their resistance, in the 
 endeavour to disperse or apprehend them, any of tho.se assembled, 
 be killed, maimed or hurt, all peace officcre and constables, and 
 others, Fading and assisting them in the dispersion or apprehension, 
 
35 
 
 will be held IVee, (lisiclmrged luul iii».l»'in»iiik'(l ol, (or, oi coucemmg 
 fsiii'.li kiliiiii;, nmimiiii,', or liiirthij^. [Tin; jirocluinulioii lor rioters to 
 ilispei-se, slioiild he. iiiiide as near them as jMaissiblo, and in a loud 
 voiee. The Ibllcwiiig Ibrni is taken lioni the British {Statute, 
 
 1 (ieo. J v., cliaj)ter f). 
 
 • 
 
 " Our Sovoroign Lady the Queen char<reth and coiiimandetli all persons 
 »<beinir iisnemblod, inimeiliiitely to iliisporsu llieiaselves, and peacieabiy to 
 "depart to their liJibitalioii.s or to their hiwiul businuKs, upon the pains con- 
 " taiaed in the Act made in tlie first year of King George, ia preventing 
 »* tumults and riotous assemblies. God save the Queen." 
 
 ] 
 
 But whether the proclamation from tlie Riot Act be read or not, the 
 
 misdemeanour nf riut /•crnaim, and Magistnitcs and constables, and 
 even private persons may disperse the rioters by force, if their dis- 
 pei-sion cannot be otherwise effected; for the Riot Act only intro- 
 duces a new offence — remaining an hour after proclamation — with- 
 out cpialifying any pre-existing law, or abridging the means whicli 
 before existed for preventing or punishing crimes. 
 
 IN RESPECT TO BREAICING OPEN DOORS. 
 
 Cautions herein.'] — Having noticed constables' (bities, acting 
 without warrant, it may be well to look to the officer's ju)wers of 
 breaking open outer dooi-s, as well when acting without warrant as 
 under warrant. 
 
 Breaking open an outer door or window to enter a man's house 
 is an objectionable and dangerous proceeding, and should only be 
 resorted to in extreme cases. The })eacc and security of private 
 dwellings is a matter of great imi)ortance. The rain may penetrate 
 through a shnnty, the snow may beat into it; but still in the eye of 
 the law, a man's house, however hmid)le, is his castle, and he may 
 defend it to the death against illegal assault. 
 
 It is only in mattei-s of high concern to the public, and to prevent 
 the ends of justice being frustrated, that the law permits itb officer 
 to have recourse to this obnoxious proceeding. 
 
 The Rule of Lino.] — ^" Every man's house is his castle" saith the 
 law, but the maxim does not prevail to the encroachment upon and 
 hiuderance of public justice. And moreover it must be understood 
 under certain limitations, and as subject to certain restrictions which 
 may be noticed before speaking of a constable's power to break into 
 a house. 
 
 The Rcsfriciions.\— The rule extends to a dwdlirtg house only, 
 
86 
 
 
 ami iKil, to u Kt!il)l«», barn,or<»iil-li()iiso, nol ooimeclwl with ili»' dvvfll 
 ing-lioiise, wliii'li may be hrokt'ti open by u I'onslahlo in llie cxtrn- 
 liori oChis duty. 'Vlw idolfcliun oC Mic dwclliiiif hi)n.s(! is eonfiiH-d 
 to uiUer <l(H)fs and uriuthios, int(Mid('d llir the .security ul' \\w hoiisf 
 against j)eisoiis breakinj^ in. , 
 
 WfuiL thx}rs.'\ — For if a cnnstablo (iiuls tlio fmtor d(X)r ojion, or 
 it be o[)ened to him from wiihiii, and he enters that way into tlie 
 house, and r bnittance be refnsed to any room therein, In; may 
 break open inward doore, if he find it necessary, in order to ellbctun 
 arrest. 
 
 What dwelling.'] — The personal privilege of an individuid to 
 make his honso a sanctuary from arrest, only relates totheoceny)ier, 
 and tlie several members of his li»iniJy, whose domicile or ordinary 
 residence is therein; and if a stnmger who does not reside in the 
 house, but whose ordinary resilience is elsewhere, ujx)n being pur- 
 sued, take refuge jn the house of another, the protection does not 
 extend to ^im — it is not the stranger's "Castle," he cannot claim 
 the benefit of sanctuary tliere ; and on no pretence is the occnjtier 
 to shelter the party when the officers of justice are in quest of him. 
 But if a constable in pursuit of an offender, break into the house of 
 a private man, it is at his peril: that is to sayf if the offender be in 
 the house at the time he is justified, not otherwise. 
 
 For Rccajjiion.] — Whenever a person lawfully arrested for an 
 offence aflerward escajw from tlie constable, and shelter himself in 
 a house, whether it ^e his own or that of a stranger, and immediate 
 pur£,iiit is made by the constable, if admittance be refused, he may 
 break open outer doors in order to retake the party — for the privilege 
 from arrest, by sanctuary in a house, is confined to arrests in the first 
 instance. 
 
 The right to break out.] — A man's house, though a castle to 
 himself, may not be converted into a, prison for officers j and should 
 a constable in the execution of his duty, or those acting under him, 
 having once obtained lawful entrance into a house, be locked in, 
 they may lawfully break open the doors to regain their liberty. 
 
 The demand for admittance.]— Before pr needing further, this 
 general caution to constables is given ; to keep strictly within the 
 limits of their atithority in respect to breaking open doors, and in 
 every case, however clear the right may be to break into a house, for 
 the constable to notify his olTice and business, and demand i)ermis- 
 sion to enter before he resorts to force. No precise form of words is 
 j^ecessary ; it is sufficient to make the persons within aware that he 
 
S7 
 
 tonii'S, hut US u lifspnsMOf, but us an officer ol llic luw, uriiied willi 
 )ii'o|)t>r iiiilluirily. 
 
 Acting wMfMl wiurunt..] — Thn conslul>li''s luillinrity to break 
 itppM <l(R)is, by virtue of his office as conservator of tlie jioace, actiiic; 
 witliuiit !i vvurnmt, is strictly confineil to cases where an actual 
 Itreach of tlic peace is committed in his view, or wliere lie sees a 
 felony eomniilted, or lias i^ronnds to apprehend that a felony is likely 
 to b(! conunitled, and the alllayens rut\ into a house to escape arrest, 
 the conslal)le in liot pursuit of them would l)e justified in effecting 
 un entrance, l)y force, to take them — (nevertheless in mere l/reathrs 
 of flic jH'iue, if he know the parties, he had fjctter ol)tain a warrant, 
 instead <jf takini; tins course) — also whore a violent afliiiy is going 
 on in a house, in tlic view or hearinc; of a constable, which is likely 
 to result in l)loodshed, or loss of life, (as where there is a violent cry 
 of murder in the house,) the necessity of the case will authorize the 
 constable to get into the lumse in the readiest manner he can, to 
 stop the affray and prevent further violence or bloodshed. Even a 
 private pereon may break and enter the house of another, and im- 
 jirison liis person in order to prevent his committing a felony. 
 
 Where one is known to have committed a felony, or given a 
 dangerous wound, and is pursued by a constable who is denied ad- 
 mittance into a house wherein the offender is sheltered, the door 
 may Ite brokeii open in order to take him. It would be otherwise, 
 however, if tliere was only a mere suspicion of guiH ; a warrant 
 should then be obtained. 
 
 If the liouse in which an offendmg party is supposed to have 
 taken refuge is not his own house, the constable should be sure that 
 the felon is there, for if not there, the constable would, in most cases, 
 be considered in law a trespasser. 
 
 Acting under Warrant. '\ — Ujjon a warrant for felony, or sus- 
 picion of felony, or to compel sureties of the peace, or for breacli of 
 the peace, the constable to whom a warrant is directed, may break 
 open outer doors to affect an arrest, if the ^mrty is in his own house, 
 or /las taken refuge in thcJumse q/*a/wi/ic?, alter notification, demand, 
 and refusal as I have already mentioned. 
 
 Besides the general authority, certain Statutes specially em- 
 power outer doors to be broken open, under the warrant to make 
 arrests, or to search premises. 
 
 ACTING UNDER PARTICULAR STATUTES. 
 
 Autfunizing arrest without warrant. 1 — By several statutes, con- 
 
38 
 
 sUil)lo,s and others are mitUorized to arrosL without warnmt. In 
 some cases the })ower ol" arrest given by iStatiite is not new, but 
 siipeniddetl t(/ the iiiluMent power of the constable ; in other cases 
 the authority to arrest is bused on the jiarticular enactment alone. 
 
 TJie most important of these acts arc chapters 25 and 26 of 
 4- and 5 Vic. Chapter 25, is an act for consolidating the laws of the 
 province relative to larceny and other offences connected therewith. 
 It contains many clauses, setting out various offences, with the 
 punishment annexed to them — some indictable, and some not in- 
 dictable — and almost every minor injury in the nature of an illegal 
 taking is remedial or lumishable on summary conviction before 
 Justices of the Teace. The 55th section, for the more effectual 
 apprehension and discovery of persons punishable under the Act, 
 either upon indictment, or ui)on summary conviction, })rovides 
 that any person found committing an offence punishable by virtue 
 of the Act, may be immediately apprehended without a warrant 
 by any peace officer, or by the owner of the pro})erty in respect to 
 which the offence shall have been committed, or by the servant of 
 any [)ej"son authorized by such owner, and forthwith take him before 
 some neighbouring Justice of the Teace, to be dealt with according 
 to law. 
 
 Chapter 26, (4 and 5 Vic.) is an Act to consolidate the laws of 
 this Province relative to malicious injury to proi)erty. It likewise 
 sets out the various offences in rdation to real and j>cnmud pn/perty, 
 and is very comprehensive in its enactments in relation to damage, 
 injury, or spoil, to real or personal property, jjublic or private — not 
 being a mere illegxd taking or stealing— but small injuries wUfidlyox 
 maliciously committed; and for this class of cases, provides a 
 remedy and punishment, by summary proceedhig before Justices of 
 the Peace. . 
 
 This Statute likewise contains a provision similar to that in 
 chapter 25, that any person found committing any offijiice under tlie 
 Act may be apprehended without wanant, and taken before a 
 neighbouring Justice. 
 
 To enter into the details of these enactments wf»uld be beyond 
 my object ; but I would observe that the object in view, in giving 
 the power to arrest without warrant, seems to be evidently to meet 
 cases, where offences are committed by unknown or tninsient persons, 
 or by disorderly characters, having no fixed abode, who might 
 escape before a warrant could be obtained ; and therefore a constri- 
 ble ought not (o consider liimsclf authorized !)y lliese Statnfcs to 
 
39 
 
 arrest wiThoiiL wiu.unt any settler or otner respectable resident who 
 can be (omul at any subse(|neiit time, should process of law be issued 
 i»L';aiiist him. And to justify the apprehension without warrant, the 
 fdfentkir must in ii;eneral h^^. found — that is, seen or discovered— by 
 the conshdjle, in the (icLuaJ. mmmhsitm of the olience, and taken at 
 the lime; but if the ollender run away and be taken in immediate 
 pursuit, thi arrest would be legal. As in other cases of arrest with- 
 out warrant, the olfender should be bronght promptly before some 
 neighbouring Justice of the Peace. 
 
 On, suspicion of nffowe committed.'] — The 10th and tlth Vic. 
 makes extensive provision for the prevention of malicious injury to 
 persons and j)roperty, by fire, or by explosive or destructive sub- 
 stances; and the 14th section thereof, makes it lawful " ibr any 
 " constable or peace officer to take into custody, without a 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 conmiitted or being about to com- 
 " mit, any felony untler the Act, and to detain such person until he 
 " can l)e brought belbrc a Justice of the Peace, to be dealt with 
 " according to law." 
 
 Under the General Election Act, 12 Vic, chap. 27, constables arc 
 recpiired to aid in the maintenance of peace and good order at elec- 
 tions ; and on the verbal order of the Returning Officer, or Deputy 
 llctin-ning (Officer, are bound to arrest disturbers. And at meetings, 
 called under the 7th Vic. chaj). 7, they may be required by the 
 Chairman of the meeting to aid and assist him in keeping the 
 peace, and prcsei'ving good order thereat. 
 
 Oil suqnvioH of tendency to commit.] — Certain Imperial Acts, 
 define in very comprehensive terms who shall be deemed idle and. 
 disorderly pcrsoKS — rogues and vagcdmuls — and ineorrigUde rogues; 
 and authorize the arrest of all such persons by a constable, without 
 warrant, in order to their being brought before a magistmle for pun- 
 ishment. 
 
 Under these three heads almost every kind of suspicious peraons 
 seem to be included, embracing amongst others, " persons who not 
 " having wherewithal to maintain themselves, live idle without 
 " employment, and refuse to work for the usual and common wages 
 " given to the other labourers in the like work, in the parities or [)lace» 
 " where they are ;" and " [KMsons wandering abroad, lodging in ale- 
 " hotises, barns or out~hoiisos, or in the o[)en air, not giving a good 
 "account of themselves." But I abstain from entering into any 
 
40 
 
 i 
 I. 
 
 rlctailecl account of the vagmnt laws, as tlicy give an undefined ami 
 dangerous power, on the mere suspicion of the pro])en3ity to com- 
 mit an offence. 
 
 The value of such laws at home, or as far as regards cities and 
 large towns, in this Country, may not be denied, but under ordinary 
 circumstances their enforcement is quite unnecessary in the rural 
 parts, and their provisions, as a whole are inconsistent witll the state 
 of society in Canada, and unsuited to the genius of the people. I 
 allude to them chiefly to caution constables against acting under them 
 without a warrant, or special direction from a Magistrate to do so. 
 
 Distraining fm- Rent.]— In case of distress for rent, the con- 
 stable of the Township in which the goods are taken, may be called 
 to appraise them before sale; and he should attend with two 
 appraisers, and having sworn them, proceed to appraise the goods. 
 [This the constable is required to do by statute 2 Wm. & Mary, 
 JSess. 1, chap. 5, sec. 2, by which it is enacted, 
 
 « That where any goods shall be distrained for rent reserved and due 
 «pon any demise, lease, or contract whatsoever; and the tenant or owner 
 ol the goods so destrained shall not, within five days next after sncli dist.e&s 
 taken and notice thereof, with the cause of such taking, left at tlie chief 
 mansion-house or other most notorious place on the premises, replevy (he 
 same; in such case, the person distraining shall, with the slierifl'or under- 
 sheriff of the county, or with the constable of the hiuidred, parish, or place, 
 where such distress shall be taken, cause tlie goods so distrained lo bo ap- 
 praised by two sworn appraisers, (whom such sheriff, under-sheriff, or con- 
 stable shall -wear to appraise the same truly, according to the best of their 
 understandings,) and after such appraisement, may sell the same for the best 
 price that can be gotten for them, for satisfaction of the rent and charges of 
 the distress, appraisement, and sale ; leaving the overplus, if any, with the 
 sheriff, under-sheriff, or constable, for the owner's use." 
 
 The appraisers employed by the constable should be disinterested 
 parties: it would be illegal to swear the person v/ho distrains, as 
 one of the appraisers, for he has an interest in the business; more- 
 over the Statute says that he with the constable, &c., shall cause 
 the goods to be appraised by two sworn appraisers. In a case where 
 a broker who distrained goods for rent, was afterwards sworn one 
 of the ai»praisers,and together with another broker valued them to a 
 party who became the purchaser according to such valuation, it was 
 held that the sale was irregular imder the Statute. 
 
 The proper constable to swear the appraisers is the constable of 
 the parish, or place where the distress is taken, and not the consta- 
 
41 
 
 [bl« of the place where the distress is imiioimded. —{Set cases collected 
 in Harrison's Landlord ami Tenant, 2nd Ed. p. 327.) 
 
 The constable must attend with the appraisers at the time of 
 the appraisement, and obtain the inventory of the goods distrained. 
 Having received the goods, the constable administers to the ap- 
 praisers the following oath :• 
 
 " You and every of you shall well and id truly appraise the goods 
 *< and chattels mentioned in this Inventory, (the constable holding in 
 " his Juind the Inventory and showing it to the appraisers) accord- 
 " ing to the best of your Judgment. So help you God." 
 
 The constable should then indorse upon the inventory, or annex to 
 it, a memorandum in the following form : — 
 
 Memorandum, that on the — ■ day of — -^— in the Year of Our 
 
 l«rd, 18 — , -■ of the Township of in the County of 
 
 and of the Township of — ■> in the said County of , 
 
 two sworn appraisers were sworn upon the Holy Evangelists, by me 
 
 of constable, well and truly to appraise the goods atid' 
 
 chattels mentioned in this (or the annexed) Inventory, according to' 
 the best of their judgment. 
 
 Presant at the tirrie of swearing the \ As witness my hand, 
 
 above named and , 1 
 
 us above, and witness thereto, | -^ — —^^ Constable. 
 
 After the appraisers have valued' the goods, add to the foregoing^, 
 the following memorandum of valuation : — 
 
 We the above named and being swbni' upoh the Holy 
 
 Evangelists by — — — , constable, above named, well and truly to 
 appraise the goods and chattels mentioned in the within (or annexed)' 
 Inventory according to the best of our judgment, and having viewed. 
 
 the said goods and chattels do appraise the same at the sum of *— ^ 
 
 pounds shillings and — ^-^^^- pence, and no more.- 
 
 As witness our hands the day of A. D. IS— . 
 
 Witness : —^ 
 
 Sworn appraisera. 
 
 When the goods are sold, the produce of the sale as far as necessary 
 is applied in satisfaction of the rent, and' the expenses of the distress ; 
 if the produce is more than sufficient for the purpose, the residue is 
 to be given to the constable, for the use of the owner of the goods 
 distrained — and it should be handed over by the constable whenever 
 demanded .(a) } 
 
 (a) Although not in direct keeping with the subject treated of, the Editor con- 
 
42 
 
 * 
 
 Requiring aitl to other Public Officers,^ — Constables may also, in 
 certain cases, be culled upon to aid and assist officers engaged in 
 
 ceives that the following forms may not be considered out of place, and that they 
 may prove useful to Landlords generally. 
 
 The landlord himself, or any other person, as his bailiff, by an authority from 
 him in writing, may make the distress. The warrant or authority may be in the 
 following form : — 
 
 To Mr.- 
 
 -my bailiff; 
 
 
 I DO hereby authorise and require you to distrain the goods and chattels of 
 ' [ the teiuDd] in the house he now dwells in [or " on the premises in hi« 
 
 possession,"] situate in the township of——, iu the '^'ounty of , for 
 
 pounds, being one year's rent, due to me for the same, on the day 
 
 of last, and to proceed thereon for the lecovery of the said rent as the 
 
 law directs. 
 Dated the — 
 
 day of- 
 
 -, A.D., 1&-. 
 
 Being legally authorised to distrain, you enter on the premises, and make a 
 seizure of the distress. If it be made in a house, seize a chair or other piece of fur- 
 niture, and say, " I seize this chair in the name of all the other goods on the premises 
 
 for the sum of pounds, being one year's rent due to me [or " to— ——your 
 
 landlord] on the day of last, [" by virtue of an authority to me fionf the 
 
 Baid your landlord for that purpose," provided you distrain as bailij^]. 
 
 Then take an inventory of so many goods as you judge will be sufficient to cover 
 the rent distrained for, and also the charges of the distress. Make a cojiy thereof as 
 follows ; 
 
 -"] for the sum of 
 
 pounds, being one year's rent due to me 
 "] for the said house and premises, on the day 
 
 An Inventory of the several good^ and chattels distrained by me [or, 
 
 if as bailiff, say " as bailiff to Mr. - — - — "] this -day of- 
 
 in the year of our Lord 18 — , in the dwelling-house, out louses, and lands 
 
 [at the case maybe] of situate in the Township of in the County 
 
 of [avdif as bailiff, say, "by the authority and on the behalf of the 
 
 said — 
 
 [or" to the said 
 
 of — last, and as yet in arrear and unpaid. 
 
 In the Dwelling-house. 
 
 1. Jn the Kitchen; 
 
 Two tables, six ';hairs, one cooking stove, &c. 
 
 2, In the Parlour. 
 (Describing the various articles seized.) 
 
 i. Jn the Dining-room, 
 (Describing minutely the various articles.) 
 
 In the Outhouses. 
 
 1. Bam. 
 
 One fanning mill, fifty bushels of wheat, &c, 
 
 2. Stable, tfc. 
 
 One horse, one waggon, &c. 
 
 .'ind so on, aescfibjng 'ne ihiiigs according to where they are taken fvoni. At the 
 
 fr 
 
 i 
 
43 
 
 the execution of civil process: for example— the bailiff of a Division 
 Court to whom a warrant of commitment or execution is directed 
 
 boUom ofthe Inventory, subscribe the follrwing notice to the tenant, according a* 
 lije case may be : — 
 
 Mr. , 
 
 Take Notice, that I have this day distrained [or " that I, as bailiff to 
 
 your landlord, have this day distrained"] on the premises above mentioned' 
 the several goods and chattels specified in the above Inventory, for the sum of 
 
 pounds, being one year's rent clue to me [or "■ to the said "] on 
 
 the day of last, for the said premises ;§ and that unless yoa 
 
 pay the said arrears of rent, with the charges of distraining for the same, or 
 replevy the said goods and chattels within five days from the date hereof, th«. 
 •aiil goods and chattels will be appraised and sold according to law. * 
 
 Given under my hand, the day of in the year of our 
 
 Lord one thousand, eight hundred and . 
 
 The notice of distress of growing crops, under Stat. 2 Geo. II., chap. 19 sec 8 
 i» a« foUowi: : ' ' 
 
 Mr , 
 
 Takk Notice, that I have tMs day taken and destrained {or " that as bailiff 
 
 to — , your landlord, I have taken and distraioed,"] on the lands and 
 
 premises above mentioned, the several growing crops specified in the Inven- 
 tory, for the sum of pounds, being two quarters' rent due to me [or 
 
 " to the said »] on the day of last, for the said lands and 
 
 premises, and unless you previously pay the said rent, with the charges of 
 distraining for the same, I shall proceed to cut, gather, make, cure, carry, and 
 ky-up the crops when ripe, in the bam or other proper place on the said 
 premises, and in convenient time sell and dispose of the same towards satisfac- 
 tion of the said rent, and of the charges of such distress, appraisement and sale, 
 according to the form of the Statute in such case made and provided. 
 
 Given under my hand, the day of in the year of our 
 
 Lord one thousand, eight hundred, and 
 
 Upon such noUce and immediately following the above should be made a memo- 
 randum to the effect that a true copy had been delivered to the tenant. 
 
 A true copy of the above Inventory and notice must either be given to the 
 tenant himself, or to the owner of the goods, or left at the tenant's house, with any 
 perion dwelling therein ; or, if there be na nerson in the house, on some notorioua 
 part of it, or, if there be no house, on the mojfVtorious place on the premises. And 
 it is proper to have a person with you when you make the distress, and also when 
 you serve the Inventory and notice, to exp-iine the same, and to attest the regularity 
 '-^ the proceedings, if there should be occasion. 
 
 The goods may be removal immediately, and in the notice the tenant may he 
 
 If the goods are seenred on the premises, under the authority of the Statute. 11 G.-o. H., ch. 
 19, ntc. 10, insert the following : " And htigng secured the said good* and chattel* in the Stiible ." 
 *e., on ihesaid premises."— i Doug'., ».; 
 
u 
 
 from the Court he is bailiff of, and all constabU'S not only may, but 
 must, within their respective jurisdiction, and in the exein > rf 
 every such warrant ; and generally constables should rendev 
 all officers of justice, in the just and lawful discharge of their ov^i^^ial 
 duties. 
 
 I 
 
 DUTIES IN RESPECT TO CORONERS. 
 
 T would briefly say that a constable has a duty to perform irn- 
 xJer Coropers, as well as Jiwtices. 
 
 Should a death occur from violence or unfair means, or through 
 culpable, or negligent conduct, the Constable of the place should no- 
 
 made acquaipted wheie they are ricirioved to, but it is now most usual to put a map 
 in possession, and let them remain on the premises till you are entitled by Jaw toselj 
 them, which is the sixth day inclusive, after the distress made ; t. e. goods distrained 
 on the Saturday, may be removt^fi on the Thursday afternoon following.— WaWoce vs. 
 fCing. 1,H. Black, 13. 
 
 If the tenant require further time for the paymerit of the rent, and the landlord 
 choose to allow it, it is best tp take a memorandum in writing from the tenant to th** 
 ^following effect, so as to prevent the landlord from being dee^ied a trespasser, iiich 
 aAer the expiration of five days, he otherwise would be, and rrjight have an action of 
 trrapass brought against him for staying longer ujxyn the premises. 
 
 Mr. 
 
 JJ[_Hereby desire you will keep possession of my goods, \yhich you have this 
 day distrained for rent due (oi alleged to be due) from me to you, in the place 
 where they now are, being in the back room of the house in which I now re- 
 side, said house being situated in and upon Lot Number —, in the 
 
 Concession of the Township of , in the County of Ibeing the pre- 
 mises where the distress was made] for thp space of seven days from the date 
 hereof, on your undertaking to delay the sale of the said goods and chattels for 
 that time, to enable me to discharge the said rent ; and I will pay the man for 
 keeping the said possession. 
 
 Witness my hand, this rday ol — ■ — , A.D., 18— 
 
 Witness, 
 
 Under tlve Act of Ist Victoria, chap. 16, entitled, " An Act to regulate the costs 
 *f levying distresses for small repts and penalties," the following schedule of fcwi 
 MD alone be demanded for any sum under £20 : — 
 
 Levying distress under ten pounds, — five shillings, 
 
 Man keeping possession, per diem, — three shillings and nine pence. 
 
 Appraisement, whether by one j^ppraiser or more, — four pence in the pound ou 
 tha value of the goods. 
 
 If any printed advertisement,— not to exceed in all five shillings. 
 
 Catalogues, Sale and Commissipj), and #livery of goods, — one shilling jn tbe 
 pound on the net produce of the sale. 
 
 i 
 
45 
 
 > 
 
 lify the nearest, i.'oroner thereof, while the body is fresh ; uinl, if 
 jto.ssil)le, while it remains in the same situation as when the party 
 died. He slioiild attend the Coroner when he arrives. [The lan- 
 guage used in the Provincial Act 13th <fc Uth Vic, cliap. 56, regu- 
 lating tlie duties of Coroners, shows fully the circumstances under 
 which it would be proper for a constable to notify a Coroner. Unj 
 first section of that ri^tatute runs thus : — 
 
 " No inquest shall be liolden an the body of any deceased person by 
 " any Coroner until it has been first made to appear to such Coroner, that 
 *' there is reason to believe that such deceased person came to his death 
 ♦< under such circumstances of violence or unfair means, or culpable or imgli- 
 "gent conduct, either of himself or of others, as re( uire investigation, and 
 ** not through any mere accident or mischance." 
 
 The following form of summonses on the Coroner's warrant to 
 »ummon a jury may be found useful. 
 
 SUMMONS. 
 
 County of 
 
 To wit : 
 
 By virtue of a warrant under the hand and seal oi 
 ', Esquire, one of Her Majesty's Coroners for this 
 
 County, you are hereby summoned personally to be and appear before him 
 
 AS a Juryman on the day o. instant, at o'clock in the 
 
 forenoon of the same day, at the house of in the Township of 
 
 in the said County, then and there to enquire on Her Majesty's behalf, 
 
 .touchipg the death of -, and further to do and execute such other 
 
 matters and things as shall be then and there given you in charge, and not 
 to depart without leave— Thereof fail not at your peril. 
 
 Dated the day of A. D. 18—. 
 
 To of the Township ) , 
 
 of » yeoman. j Constable of the Township of . 
 
 Having served the number of pei-sons named in the Coroner's 
 warrant with summonses to attend, the constable should make out 
 and sign a Schedule or list of their names, attach it to the warrant, 
 and then endorse on the warrant the tbllowing return : — 
 
 The execution of this warrant appears by the schedule thereunto 
 annexed. 
 
 The answer of , Constable of the Township of . 
 
 I ] 
 
 If a warrant be directed to him to summon a jury, he should 
 serve summonses on the particular number of jurors named in the 
 warrant, to appear at the time and place appointed for the purpose 
 of inquiry; attend at the inquest, call over the names of the jury, 
 and remain in attendance to obey the Coroner's mandates in the 
 progress of the investigation. The Coroner's warrant for the ap- 
 
 / 
 
46 
 
 prehension or commitment of a party hesliould execute in the sam« 
 way a^s a Magistrate's warrant. 
 
 IV. THE CONSTABLE'S REMUNERATION. 
 
 
 It is a great mistake to view the office of constable aa a post of 
 profit ; on the contrary, it may be looked upon as one of those 
 burdensome offices which, in securing the objects of society, it ia 
 necessary for nearly every citizen, suited for it, to take in his turn. 
 
 There are many risks to be incurred and some things to be per- 
 formed for which no compensation is allov/ed ; but for the most 
 jKirt, there is a set fee payable for each particular service — in some 
 cases payable by the parties, in othere out of the County funds and 
 Provincial Revenue. The constable's accounts are in general paid 
 by the County Treasurer, after audit by the Magistrates in Quarter 
 Sessions, and the County Auditors.(«) 
 
 (a) The practice in auditing Accounts connected witii the administration of 
 Justice, &c., is not uniform in the several Counties in Upper Canada. In some 
 Counties, we believe, Accounts are paid by the County Treasurer on the oider of the 
 Magistrates ; in other Counties without any order, but merely on the audit and report 
 of the County Board of Auditors. 
 
 A question arises under the 9th Vic, chap. 58, whether parties claiming pay- 
 ment for services performed, and expenses incurred in the administration of justice in 
 criminal matters are given a claim directly against the Province, or whether the 
 effect of that Statute is to make the Province debtor to the Counties respectively for 
 the expenses enumerated in the Statute, on their being ascertained in the appointed 
 manner; the latter is the correct view in our opinion, viz: that officers pertorming 
 services hare their claim directly upon their County ; but that their accounts must 
 be made out in such form, and accompanied with such vouchers, as may be required 
 under the authority of the second section of the Act. And that when the several 
 amounts for which the Province is liable, are settled according to the regulations 
 made under the second section, the Province becomes liable to each County for the 
 amount settled on final audit. 
 
 The County, then, debtor to the party, the 7th Vic. chap. IS regulates the mode 
 in which the various accounts due by a county are to be audited and paJ'., viz. : the 
 accounts mujst be deliv /ed to the Clerk of the Peace, the first day of e.^ch Quarter 
 Sessions to be thereafter audited in Sessions before seven Magistrates at least, and 
 the parties to be paid by the County Treasurer on the Chairman's check. Of course 
 the audit of accoimts not connected with the administration of justice is vested, by 
 the Municipal Council Acts, in the County Councils. 
 
 It is not easy to perceive on what ground a County Treasurer could msuiiw) to 
 
 b 
 
i1 
 
 The constables' accounts should show the names of the parties, 
 the nature of the oftence, in relation to which the service charged 
 for was performed, and the name of the Magistrate before whom 
 the proceeding is had ; and, where there is a charge for mileage, the 
 place from where and to where the travel is made should bo stated 
 in the account. 
 
 [The following are Extracts from a Minute of the Executive 
 Council respecting the duties of County Auditors : — 
 
 " That all accounts for the payment of which, or any part of which the 
 Province is by the Act (9th Vic, chap. 58) liable, shall be rendered 
 in duplicate to the Treasurer of each County during the sittings of 
 the Court of Quarter Sessions, or within three days thereafter, and 
 shall include all the demands of the party rendering the same, (pay- 
 able by the Province) up to the day of rendering such an account, 
 and refer to the authority for the charge. 
 
 "That each such account before rendered to the Treasurer shall 
 be verified by the party, that it is just and correct to the best of his 
 knowledge and belief. And in cases where mileage is charged, there 
 shall be an affidavit stating the places from which and to which the 
 
 himself a power to make payments out of the County Funds, on the report of the 
 Board of Audit, and that body does not possess authority to grant checks or orders 
 on the Treasury for accounts audited by them ; they are, as we take it, simply a local 
 Board of enquiry, appointed by the Executive, and their audit has never been 
 regarded as final between the County and the Province. 
 
 The proper course seems — for a parly to make out the account against the County, 
 and copies thereof in dupUcate to be lodgcid with th^ Ti»aaurer; any other practice 
 might cause inconvenience and loss to the parties or to the county, and would throw 
 it upon the Accountants to separate their items of claim under two heads ; those that 
 would be within the meaning of 9th Vic, chap. 58, under one head, those which 
 would not come within that Act, but nevertheless due by the County under another, 
 head ; and this upon the construction given to the 9th Vic. is often a question difficult 
 of determination, indeed many Counties in Upper Canada are now at iswie with the 
 Government on the point 
 
 The First clause of the 9th Vic, chap. 38, provides that ;the "expenses ol the 
 administration of Criminal Justice " shall be paid out of the public funds of the 
 Province. The third section of the Statute enacts that the several heads of expense 
 mentioned in the Schedule to the Act" shall be deemed expenses of the administra- 
 tion of Criminal Justice wUhin the meaning of this Jd." The Schedule does not em- 
 brace all the items of expense connected with the administration of Criminal Justice, 
 and some of the terms used are ambiguous, and hence the difficulty. 
 
 By the Court of Quarter Sessions making it a condition previous to auditing an 
 account, that duplicates shall be lodged with the Treasurer, in the form required by 
 the Government, the matter is put on the safest footing under the existing law. Then 
 the Treasurer on paying each account, ordered to be paid by the Sessions, can charge 
 
 th« Province is Uable, is received, he can enter it to the credit of the same account. 
 
 
 ^%: 
 
48 
 
 [inileago it tuckoncd, a* well uv the tiiuiibm- ol iruleH, und that m tin 
 
 CJISH shall more than the actual luimber of miles tiavollud be allowod, 
 
 uor a greater ninnber of uiiles than the distance from the Court HouNtf 
 
 to t!ie place of service." 
 
 XVith respect to the authonty lor constables' I'hargos it is for 
 
 llic most ])!irt eiTlbriiccd in the *' Judges' Tiirifl'." The following is 
 
 nil cxtmct IVom tlio order ol' the Court of Queen's Bench, oil the 15th 
 
 Moveniber, 184i5, establishing a tariff: — 
 
 " It is ordered, uudcsr the authority of the Statute passed in the 
 eigh'Ji ye-irof her present Majesty's reign, intituled, " An Act to rogu- 
 lafothe Fees of certain District Oliicers, in that part of this Province 
 called Upper Canada," that the fees in the table annexed to thi» 
 rule shall be taken and received by Sherilts, ('oroners, Clerks of the 
 I'eace, Constables, and Criers, respectively, in the several districts of 
 this Province, for services rendered by them, respectively, in the ad- 
 ministration of justice, and for other district purposes, where such 
 services were not remunerated by any law in force at the time of 
 passing the said act. 
 
 « Uut it is to be understood — 
 " That, besides thd feesNet down in this table, the several officers 
 will be entitled, an heretofore, to receive fees for other services 
 rendered by them, respectively, which are not mentioned in this table, 
 wherever specific fees for such services are fixed by any statute ; 
 the Judges havinjr nd authority, under the act referred to in this rule, 
 to niake any regulation in such cases." 
 
 , That portion ol tlie Table of Fees which relates to constables 
 IS subjoined : , ' 
 
 CONSTABLE. 
 
 Arrest of each individual upon a warrant. (To be 
 paid out of the County Funds, or by the party, 
 as the case may be.) 
 
 Servirg summons or «'»bpa;ri€i 
 
 Mileage, 6d per mile. (To be paid out of the Cotinty 
 funds, or by the party, as the case may be ) . , 
 
 Attendijig Assizes or Sessions, per day 
 
 Attendiag any Justice on trials, under the Sam- 
 
 , maty Piiiiishmeni Acts, or on the examination 
 
 * ' of prisonens charged with any crime, £pr each 
 
 ' day necessarily employed 
 
 Mdeage in going to serve summons or warrant, when 
 the service has not been eflected ; the Justices 
 
 To be ptiid ont 
 
 of the 
 County Kundn. 
 
 £ 8. d. 
 
 6 
 
 1 3 
 
 6 
 
 5 
 
 To Im5 paid by 
 tlie Party. 
 
 £ a^ 1). 
 
 5 
 
 1 3 
 
 Oj.O