$6. CRIMINAL WARRANTS the rule. lable to ex ¢ "forry to find it with the plaintiff. No constable can act out of his own district. It is certainly to be taken reden"do fingula fingulis. The defendant is neither constable of Shipborne, nor Samuel Carter; and the general direction "is to be taken to each within his own diftrict; therefore, 66 as the warrant was not directed to the claimant, he cannot justify under it. The plaintiff must have a verdict for "one fhilling "." THE reafon of the rule seems to be, that warrants may be Reafon of executed by perfons whose character as officers of the law is known in the place; otherwise force might often be reIs a confta- pelled by force, and infinite mischiefs might arife. Even if ble compel the warrant be directed to a particular constable by name, ecute it out he is not compellable to execute it out of his own diftri&; trict? though he may execute it any where within the jurifdiction of the juftice. He may execute the warant also beyond When may the jurisdiction of the justice, provided it be indorsed by any be executed justice or magistrate for the county or place where the delinbeyond the jurifdiction? quent (whether before or after the iffuing of it) has gone to of his dif a warrant Warrant to refide c. ALTHOUGH the warrant be directed to two or more jointmore joint- ly, yet any of them alone may execute it. two or ly. others. THOUGH others may lawfully affift, yet the person to Taking the affiftance of whom the warrant is directed must perfonally execute it, unlefs it be directed to the fheriff, who may command his bailiff, under fheriff, or other known and sworn officer, to serve it, and even without any writing or precept. But if he will command another man that is no fuch officer, to serve it, he must give him a written precept, otherwife falfe imprisonment will be committed ". $ 6. CRIMINAL point a de HAWKINS, however, adds, that, "inafmuch as the office May he ap "of a constable is wholly minifterial, and no way judicial, puty? "it seems that he may appoint a deputy to execute a war"rant directed to him, when by reafon of fickness, abfence, " or otherwise, he cannot do it himself; yet it doth not "feem to be fettled that a conftable can make a deputy "without fome fpecial caufe "." Dr. Burn, upon this fubject, ftates the following cafes.-Maidhurst and Waite, M. 2, G. 3. The high constable appointed a deputy to billet foldiers under the mutiny act: the appointment was by parole only, and the deputy was not fworn. It was ruled by lord Mansfield and the court, that the high conftable had power by the act to billet foldiers; and he may appoint a deputy to this particular ministerial act. This is a ministerial (not a judicial) act: and a constable may appoint a deputy to do minifterial acts . AND in the cafe, King v. Clark, it seemed to be admitted as a fettled point that a constable may appoint a deputy . THE fuperior must be answerable for his deputy upon any Refponfible mifcarriage, unless the deputy be duly allowed and fworn; for his defor then he is constable. puty? fenters. AND by I W. c. 18, 1. 7, if any perfon diffenting from with rethe church of England fhall be fworn conftable, and shall spect to dif fcruple to take upon him the office, in regard of the oaths, or any other matter required to be done in refpect of fuch office, he may execute it by a fufficient deputy, by him to be provided, to be allowed by fuch perfons, and in such man a Lamb. 89. © Burr, Mans, 1259. Burn (Constable.} d Durnf, and East. 1 v. 682. $ 6. CRIMINAL ner as fuch officer in fuch office fhould have been allowed; WARRANTS and by 31 Geo. III, c. 32, the like privilege is extended to Roman catholics, on their taking and subscribing the oath and declaration specified 2. Manner of arrefting. Ought he to notify his errand and office. How? THE officer to whom a warrant is directed and delivered, ought with all speed and fecrecy to find out the party, and then to execute the warrant. IT feems to be proper, that at the time of arresting the conftable notify his office and errand. The delinquent is thus warned of his duty, and of the confequences of refiftance. The natural warning is to exhibit his baton, and (if a messenger) his blazon, and produce his warrant; which precautions, as far as poffible, ought to be observed, but cannot be said to be indifpenfible. An officer gives fufficient of his blazon notice what he is, when he fays to the party, "I arreft you and baton? in the king's name;" in which cafe the party muft at his peril Exhibition A known officer. obey him, though he know him not to be an officer; and if he have no lawful warrant, the party aggrieved may have his action of falfe imprifonment. We have already seen, that without any warrant a constable may arrest by virtue of his office; in like manner in cafes of felony, not only a constable, but even private persons may arrest the felon, without any warrant at all. A DISTINCTION has been made between an officer known to be fuch, and when he is acting among ftrangers.— If he acts out of his precinct, or is not fworn, and commonly known, though he is not obliged to part with his warrant to any one, even an impartial spectator for inspection a7 Burn, (v. Constable). b Hume, vol. iv, p. 172. From the brafs or filver blazon fixed to their breast, messengers are called officers at arms, d Dalton, c. 169. $6. CRIMINAL any one for or perufal, yet he muft fhew it, if demanded b; otherwife the party may make resistance, and need not obey it . Thus WARRANTS in the trial of John and George Sinclair, for refifting a warrant to apprehend for theft, judgment was delivered in thefe Is he obliged to part terms: "But find the defence alleged for the defenders, with his "that James Sutherland was not known to be a fheriff-offi- warrant to cer; and that no warrant was produced by him from the infpection. "fheriff, when required, for feizing John Orr, relevant to "elide that part of the libel "." But a perfon fworn, and commonly known, and acting within his own precinct, need not fhew his warrant; but he ought to acquaint the party with the fubftance of it. The difpofition of our practice feems rather to be for exacting the fame compliance, even from a known officer acting within his ordinary precinct, wherever he acts in virtue of a warrant, fince it is poflible. he may not be poffeffed of it, or not have it upon him at the time. TAKING COUNTY. THE act 1662, c. 6%, intitled, for fuppreffing theft, rob- § 7. beries, and depredations, enacts, "that whenever any op- THE POWER "preffions, hayfhips, reifs, fomings, thefts, robberies, or or THE depredations, fhall happen to be committed within any part of this kingdom, by whatsoever perfon or perfons, "the owner of the goods fhall immediately give intimation "to the sheriff or his deputes, or any of the juftices of the Duty of all (6 peace, or conftables within the paroch, out of which the timation. goods are taken, as can be most conveniently had; and "which fheriffs, juftices of peace, or conftable, fhall im- Duty of the magistrate. mediately, upon intimation forefaid, under the pain of being liable in the reftitution of the goods away taken, or payment of the value thereof, command and require all a Hume, vol. iii, c. 2. b2 Hawk. p. 85, 86. Dalton, L. 169. Bura, Arrest. d Hume, vol. iii, c. 2, § 2, p. 125. Ibid. Hawk. p. 85. f Hume, vol. iii, c. 2. to give in $7. TAKING THE POWER OF THE Reftoring the goods to the owners. "fenfible perfons within the parish to concur and go along " with him in pursuit of faid goods and away-takers there"of; and which persons are obliged to obey under the "pain forefaid," &c. "And in cafe it fhall happen the "faids thieves or robbers to pass through or reft in any "other paroch where the juftices of peace, constables, he"retors, woodfetters, and fewers, within the fame, are able "to stop and oppose the carrying away of the faids goods, "then, and in that cafe, the faids juftices of peace, confta❝bles, heretors, woodfetters, and fewers, fhall be themselves, "tennants and fervants, and fuch as they can command, "make oppofition, and feize upon the goods and drivers "thereof; and fhall be obliged, upon complaint made to "the sheriff or his deputes, or any of the faids juftices of peace, by the owner of the faids goods, or any having power from the owner for that effect, to restore the faids "goods within fifteen dayes after the requiring thereof; "and deliver, or fecure, the drivers and way-takers thereof, "that they may underly the law; and in cafe the commit ters of the forefaid crime be fo numerous and powerful that "they cannot be stopt and mastered by the inhabitants of the "faid paroch, then the faids whole fenfible inhabitants shall Rifing of "be oblidged, under the pain forefaid, to rife in arms, and the county. «follow and purfue them; and require all the fenfible per"fons, in any other paroch they fhall happen to pass "through, to joyn with them (and which perfons shall be "obliged to do the fame, under the pain of being lyable for "the goods, or value thereof, as faid is), in the prosecution of thofe " and recovery of the faids goods, that fo the goods may be who refufereftored to the right owners, and the depredators punish"ed according to law. It is likewife ftatute and ordained, "that if the purfuer of the goods fhall not be able, after "all his utmost endeavours, with concurrence aforefaid, to "recover the faids goods, and apprehend the way-takers "thereof, then, and in that cafe, the refpective heretors, "woodfetters, and fewers, within the paroch wherein the Punishment their aid. 1 |