In 1870, a statute (amending statutes of 1843, etc, was passed, by which provisions are made for carrying Into effect a convention entered into between the British and foreign governments (determinable at pleasure), for the apprehension of offenders in the two countries respectively in cases of murder, forgery, robbery, rape, larceny, embezzle ment, obtaining money by false pretenses, burglary, all bankruptcy crimes; frauds by banhrs, factors, trustees, directors; abduction, child-stealing, arson, piracy, sinking and destroying vessels at sea, etc. This act gets rid of the former practice of passing a separate act to regulate the extradition of criminals between Great Britain and each country, as nearly all civilized countries have now entered into this kind of confederacy. There is an exception made in favor of fugitive criminals whose surrender is demanded on the ground of offenses of a political character; and the condition of surrender always is, that. when taken back to his own country, he shall not be tried for political offenses.
The law encourages the apprehension of offenders by parties who simply act from a feeling of duty to assist justice. By the 7 Geo IV. c. 64, s. 28 (amended and extended by the 14 and 15 Viet. c. 55), it is provided that when any person shall appear to any court of over and terminer, jail delivery, superior criminal court of a county palatine, or any courts of sessions of the peace, to have Leen active in or towards the apprehension of any person charged with the various crimes contemplated by these statutes, every such court is authorized to order the sheriff of the county to pay to the person or persons who shall appear to the court to have been active in or towards the apprehension of any person charged with any of the said offenses, such sum of money as to the court shall scent reasonable and sufficient to compensate such person or persons for his, her, or their expenses, exertions,.and loss of time, in or towards such apprehension; but this power is to be exercised subject to such regulations, as to the rate of allowance, as shall be made from time to time by a principal secretary of state. Provision is also made by the above statutes for compensation to the families of those who lose their lives in ing to A. persons charged with criminal offenses; but by the latter of these (14 and 15 c. 55 s. 7) this is not to interfere with the power of the criminal court to order pay ment to any person who shall have shown extraordinary courage, diligence, or exertion in the apprehension.
It only remains to be added that any willful obstruction of a lawful arrest or apprehen sion is esteemed an offense of a very aggravated nature. The modern enactments on this subject will be found in the statute passed in 1861 to amend the law of England and Ireland as to offenses against the person, 24 and 25 Viet. c. 100, by which statute it is provided that where any person shall be convicted of any assault upon any police-officer or revenue-officer, in the due execution of his duty, or upon any person acting in aid of such officer, or of any assault upon any person, with intent to resist or prevent the lawful apprehension or detainer of the person so assaulting, or of any other person, for any offense for which he or they may be liable by law to be apprehended or detained; such assault shall be a misdemeanor, punishable with fine, or by imprisonment, with or without hard labor, for any term not exceeding 2 years. 13y the before-mentioned statute it N enacted that whosoever shall unlawfully and maliciously shoot at any person, or shall, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall stab, cut, or wound any person, with intent, in any of such cases, to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony, and be punishable with penal servitude for life, or not less than 3 years, or with imprisonment, with or without hard labor and solitary confinement, for not more than 2 years. And by the 14 and 15 Viet. c 10, s. 12, passed for the pre vention of offenses at night, any one assaulting a person entitled to A. or detain him, shall be guilty of a misdemeanor, and on conviction, imprisoned, with or without hard labo fur any term not exceeding 3 years.
The same subject is treated in Scotch law-books under the head of Deforcement, which Sir Archibald Alison, iu his work on the criminal law of Scotland (vol. i. p. 491), says, "consists in the resistance to the officers of justice in the execution of their duty." It is essential to such deforeement that it should be such as to defeat the warrant or other process which authorizes the apprehension. Mere unsuccessful attempts with this view are charged under ,the mow of obstruCting •thefictio in the exerts tion of their duty. See WARILUCT OF ArrnmiENsio:s.