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Arrest

warrant, person, officer, property, felony and house

ARREST may be either in a civil proceeding or for a crime. The word denotes the apprehending of a man's person with a view to his custody by the law. In civil proceedings a man may be arrested by order of the Speaker of the house of Commons ; or of a judge for contempt of Court ; or by an order made under the Debtors Act for his committal for non-payment of a debt. [See A Tl'A( 'I I M E NT ; and article on FR Al;DULENT DEBTORS.] A person concerned with business in a court of law, and when going to and returning therefrom, is privileged from arrest in civil proceedings. In criminal matters an arrest is made either by warrant or without warrant. A warrant may be granted in certain events by the Speaker of the House of Commons, a Secretary of State, or a judge of the King's Bench Division. In ordinary cases, however, the warrant is granted by a magistrate, upon complaint upon oath of a felony or indictable misdemeanour having been committed; or where an indictment has been found against the person against whom it is issued. The officer who receives the warrant is bound to execute it so far as his own jurisdiction and that of the magistrate extends. In cases of misdemeanour the officer making the arrest must have the warrant in his possession. In executing it he may make an arrest for an indictable offence on a Sunday ; and at any hour of the day or night. He may also, upon admittance being demanded and refused, brCak through both outer and inner doors into a house. Unless there is a risk of capture or escape, the prisoner must not be treated with indignity or handcuffed ; and no more force than is absolutely necessary may be used. Subject to exception in the case of a warrant to arrest loose, idle, and disorderly persons, a general warrant is void. Thus a warrant is void which authorises the arrest of all persons suspected of a crime ; or, for example, of the authors, printers, and publishers of a libel, without naming them.

A1-rests without warrant may and should be made by an officer in the case of any one committing treason, felony, or a breach of thepeace within his view. He may also arrest upon a reasonable charge or suspicion of such offences having beer•committed. Also in the case of vagrants whom he has good cause to believe are meditating certain offences. Should an officer refuse to make an arrest upon a reasonable charge, he may be indicted and fined. Generally speaking, a private person has the same right and is 'under the same obligation to arrest as is an officer. Thus, if he sees a felony com mitted he is bound to arrest. He may also arrest any person he finds com mitting a felony between the hours of 9 ran. and 6 A.M., or any coinage offence. Also in certain cases of arson, the owner of the property injured, or his servant or authorised agent, may arrest the offender. A person to whom stolen property, or property he may reasonably believe to have been stolen, is offered for sale, pawn, or safe custody, is required to arrest the person offering and detain the property offered. A private person makes an arrest at his peril, and may, if he acts indiscreetly, be liable for damages in an action for FALSE IMPRISONMENT and MALICIOUS PROSECUTION, winch see. He is bound to go to the aid of, when required by, an officer who is attempting an arrest. To resist arrest is unlawful, and in certain cases specially punishable. If resistance should lead to death or serious injury it would be indictable. Unless a prisoner's offence is capital and his escape cannot otherwise be prevented, it is unlawful to shoot or wound him when in flight.