When a warrant is received by an Officer, he is bound to execute it, so far as the jurisdiction of the Magistrate and himself extends.—But the Constable having great original and inherent authority, may, without warrant, apprehend any person for a breach of the Peace: and in case of felony, actually committed, he may, on probable suspicion, arrest the felon: and for that purpose (as upon the warrant of a Magistrate,) he is authorised to break open doors, and even justified in killing the felon, if he cannot otherwise be taken.[106]
All persons present, when a felony is committed, are bound to arrest the felon, on pain of fine and imprisonment, if he escapes through negligence of the by-standers; who will (the same as a constable) in such case be justified in breaking open doors, to follow such felon, and even to kill him if he cannot be taken otherwise.[107]
The other species of arrest is called Hue-and-Cry, which is an alarm raised in the country upon any felony being committed. This was an ancient practice in use as far back as the reign of Edward the First, (1285) by which, in the then infant state of society, it became easy to discover criminal persons flying from justice.
However doubtful the utility of this ancient method of detecting offenders may be, in a great Metropolis, in the present extended state of Society, it is plain, that it has been considered as an important regulation of Police so late as the 8th George II. (1735;) since it was enacted in that year, (stat. 8, George II. cap. 16.) that the Constable who neglects making hue-and-cry, shall forfeit five pounds; and even the district is liable to be fined (according to the law of Alfred) if the felony be committed therein, and the felon escapes.[108] This, however, applies more particularly to the country, and where the practice cannot fail to be useful in a certain degree.
When a hue-and-cry is raised, every person, by command of the Constable, must pursue the felon, on pain of fine and imprisonment.
In this pursuit also, Constables may search suspected houses if the doors be open: but unless the felon is actually in the house, it will not be justifiable to use force; nor even then, except where admittance has been demanded and refused.
A Constable, even without any warrant, may break open a door for the purpose of apprehending a felon; but to justify this measure, he must not only shew that the felon was in the house, but also that access was denied after giving notice that he was a Constable, and demanding admittance in that capacity.[109] In the execution of the warrant of a Magistrate, the Officer is certainly authorized to break open the doors of the felon, or of the house of any person where he is concealed.—The first is lawful under all circumstances; but forcibly entering the house of a stranger may be considered as a trespass, if the felon should not be there.[110]
Such are the powers with which Constables are invested,—and which are, in many instances, enforced by penalties; that public justice may not be defeated.[111]
In addition to this, the wisdom of the Legislature, as an encouragement to officers and others to do their duty in apprehending and prosecuting offenders, has granted rewards in certain cases; Namely,
| £. | ||
| 4 Will. & Mary, c. 8; and 6 Geo. I. c. 23. | 1. For apprehending, and prosecuting to conviction, every robber, on the highway, including the streets of the Metropolis, and all other towns, a reward of 40l. besides the horse, furniture, arms, and money, of the said robber, if not stolen property: to be paid to the person apprehending, or if killed in the endeavour, to his Executors. | 40 |
| And the Stat. 8 Geo. II. c. 16. superadds 10l. to be paid by the Hundred indemnified by such taking. | ||
| 6 & 7 Will. and Mary, c. 17; and 15 & 16 Geo. II. c. 28. | 2. For apprehending, and prosecuting to conviction every person who shall have counterfeited, clipped, washed,[112] filed, or diminished the current coin; or who shall gild silver to make it pass as gold, or copper, as silver,—or who shall utter false money, (being the third offence) or after being once convicted of being a common utterer, &c. a reward of | 40 |
| 3. For apprehending, and prosecuting to conviction, every person counterfeiting copper money, a reward of | 10 | |
| 10 and 11 Will. III. c. 23. | 4. For apprehending, and prosecuting to conviction, every person privately stealing to the value of 5s. from any shop, warehouse, or stable, a Tyburn ticket,[113] average value, about | 20 |
| 10 & 11 Will. III. c. 23. 5 Ann. c. 32. | 5. For apprehending, and prosecuting to conviction, every person charged with a burglary, a reward of 40l. (to the apprehender, or if killed, to his executors) in money, and a Tyburn ticket, 20l. | 60 |
| 6. For apprehending, and prosecuting to conviction, every person charged with house-breaking in the day-time, 40l. in money, and a Tyburn ticket | 60 | |
| 7. For apprehending, and prosecuting to conviction, any person charged with horse-stealing, a Tyburn Ticket | 20 | |
| 6 Geo. I. c. 23. | 8. For apprehending, and prosecuting with effect, a person charged with the offence of compounding a felony, by taking money to help a person to stolen goods, without prosecuting and giving evidence against the felon | 40 |
| 14 Geo. II. c. 6. 15 Geo. II. c. 34. | 9. For apprehending, and prosecuting with effect, a person charged with stealing, or killing to steal, any sheep, lamb, bull, cow, ox, steer, bullock, heifer, or calf | 10 |
| 16 Geo. II. c. 15. 8 Geo. III. c. 15. | 10. For apprehending, and prosecuting with effect, persons returning from transportation | 20 |