4. Apprehend if he is seen in the dwelling-house, but gets out of it, and is taken on ing Offenders, fresh pursuit. And it makes no difference that he was not seen getting &c. out of a house, if he was found concealing himself to avoid being apprehended, upon other premises near. (R. v. Howarth, R. & M. C. C. 207.) To make such arrest legal, it is not necessary that the person should have at the time he is arrested, a continuing purpose to commit the felony; he may be arrested though that purpose is wholly ended. (Id.) 5 Geo. IV. c. 83. Justices may issue warrant to apprehend sus pected persons. Vagrants to be searched, and &c., to be inspected. In the same case it was held that where the circumstances are such that a man must know why a person is about to apprehend him, he need not be told, and the arrest will be legal, and the resistance illegal, as much as if he had been told. (Id. See further “Arrest," Vol. I.) Sect. 7. "It shall be lawful for any justice of the peace, upon oath being made before him that any person hath committed or is suspected to have committed any offence against this act, to issue his warrant to apprehend and bring before him or some other justice of the peace the person so charged to be dealt with as is directed by this act." Sect. 8. "It shall be lawful for any constable, peace officer, or other trunks, bundles, person apprehending any person charged with being an idle and diserderly person, or a rogue and vagabond, or an incorrigible rogue, to take any horse, mule, ass, cart, car, caravan, or other vehicle, or goods in the possession or use of such person, and to take and convey the same as well as such person before some justice of the peace, and for every justice of the peace by whom any person shall be adjudged to be an idle and disor derly person, or a rogue and vagabond, or an incorrigible rogue, to order that such offender shall be searched, and that his or her trunks, hores, bundles, parcels, or packages, shall be inspected in the presence of the said justice, and of him or her, and also that any cart, car, caravan, or other vehicle which may have been found in his or her possession or Money and effects use, shall be searched in his or her presence; and it shall be lawful for the said justice to order that any money which may be then found with or upon such offender, shall be paid and applied for and towards the ex of apprehending pense of apprehending, conveying to the house of correction, and main and maintaining taining such offender during the time for which he or she shall have been committed; and if upon such search money sufficient for the purposes aforesaid be not found, it shall be lawful for such justice to order that part, or, if necessary, the whole of such other effects then found shall be sold, and that the produce of such sale shall be paid and applied as aforesaid, and also that the overplus of such money or effects, after deducting the charges of such sale, shall be returned to the said offender" (a). found upon vagrants applied towards expense them. Lodging houses, conceal vagrants, persons brought Sect. 13. "It shall be lawful for any justice of the peace, upon informa &c. suspected to tion on oath before him made, that any person hereinbefore described to may be searched, be an idle and disorderly person, or a rogue and vagabond, or an incor and suspected rigible rogue, is or is reasonably suspected to be harboured or concealed before a justice. in any house kept or purporting to be kept for the reception, lodging, or entertainment of travellers, by warrant under his hand and seal, to autho rize any constable or other person or persons to enter at any time into such house, and to apprehend and bring before him or any other justice of the peace, every such idle and disorderly person, rogue, and vagabond, and incorrigible rogue, as shall be found therein, to be dealt with in the manner herein before directed." Mode of executing warrants. A warrant under the vagrant act, to search all suspected houses for idle and disorderly persons, is strictly confined to persons of that description; and the officer will not be justified if he attempt to execute it in any other places than those intended by the statute. (1 Leach, 208.) By 2 & 3 Vict. c. 47, s. 64, constables, &c., acting under the Meunder provisions tropolis Police Acts, may apprehend idle and disorderly persons, &c. (See "Police," Vol. V.) Apprehending of Police Act. (a) See the 4 Geo. IV. c. 64, s. 39, and 5 Geo. IV. c. 85, s. 22, as to the expenses of carrying vagrants to gaol, where they have no effects. (See "Gaols," Vol. III.) 323 By stat. 4 Geo. IV. c. 64, s. 7, all idle and disorderly persons, rogues 5. Recogniand vagabonds, incorrigible rogues, and other vagrants, are to be com- zance to Promitted to houses of correction, and not to common gaols. (See "Gaols," secute, and Vol. III.) V. Recognizance to Prosecute, and Expenses of Prosecution. Expenses of 5 Geo. IV. c. 83. Commitment to be to house of not to common nizance to prose By 5 Geo. IV. c. 83, s. 9, "When any justice as aforesaid shall commit correction, and any such incorrigible rogue to the house of correction, there to remain gaol. till the next general or quarter sessions, or when any such idle and disor- Justice may bind derly person, rogue and vagabond, or incorrigible rogue, shall give notice persons by recogof his or her intention to appeal against the conviction of him or her, and cute vagrants at shall enter into recognizance as hereinafter directed to prosecute such sessions. appeal, such justice shall require the person by whom such offender shall be apprehended, and the person or persons whose evidence shall appear to him to be material to prove the offence and to support such conviction, to become bound in recognizance (See Form, No. 7, post) to his majesty, his heirs and successors, to appear at the said general or quarter sessions, expenses to pro to give evidence against such offender touching such offence; and the Sessions may justices of the peace at their said general or quarter sessions are hereby order payment of authorized and empowered, at the request of any person who shall have secutors and witbecome bound in any such recognizance, to order the treasurer of the nesses. County, riding, division, or place in which the offence shall have been committed, to pay unto such prosecutor, and unto the witness or witnesses on his or her behalf, such sum or sums of money as to the court shall seem reasonable and sufficient to reimburse such prosecutor and such witness or witnesses respectively for the expenses he, she, or they shall have been severally put to, and for his, her, or their trouble and loss of time in and about such prosecution; which order the clerk of the peace Clerk of the peace is hereby directed and required forthwith to make out and deliver unto such prosecutor, or unto such witness or witnesses, upon being paid for the same the sum of 2s. and no more; and the said treasurer is hereby anthorized and required, upon sight of such order, forthwith to pay unto such prosecutor, or other person or persons authorized to receive the same, such money as aforesaid, and the said treasurer shall be allowed the same in his account; and in case any such person or persons as aforesaid shall refuse to enter into such recognizance, it shall be lawful for such justice to commit such person or persons so refusing to the common gaol, there to remain until he, she, or they shall enter into such recognizance, or shall be otherwise discharged by due course of law." See further as to expenses of prosecutions in general, title “Costs," Vol. II. VI. Constables - Neglecting Duty-Obstructing them—Their Expenses. to make out and deliver order. &c. By 5 Geo. IV. c. 83, s. 11, “In case any constable, or other peace Officers neglectofficer shall neglect his duty in any thing required of him by this act, or ing their duties, in case any person shall disturb or hinder any constable, or other peace Obstructing officer, in the execution of this act, or shall be aiding, abetting, or assist- them ing therein, and shall be thereof convicted upon the oath of one or more credible witness or witnesses, before one or more justice or justices of the peace, where such offence shall be committed, every such offender shall, for every such offence, forfeit any sum not exceeding 57.; and in Penalty. case such offender shall not forthwith pay such sum so forfeited, the same shall be levied by distress and sale of the offender's goods, by warrant from such justice or justices; and if sufficient distress cannot be found, Distress. it shall be lawful to and for one or more such justice or justices to com- Commitment. 6. Constables, mit the person so offending to the house of correction, there to be kept Neglecting for any time not exceeding three calendar months, or until such fine be Duty, &c. paid; and the said justice or justices shall cause the said fine, when paid, to be forthwith delivered to the treasurer of the county, riding, division, or place where such offence shall have been committed, to be by him added to and used as part of the stock of the said county, riding, division, or place." 5 Geo. IV. c. 83. On conviction of officers, &c. jus tices to make or der for payment of expenses of prosecution as under. Sect. 12. "In case any constable, or other peace officer, shall be convicted before any one or more justice or justices of the peace, for any neglect of any duty required of him by this act, or of any disobedience of any lawful warrant or order of any justice or justices of the peace issued under the provisions of this act, and in case any two or more justices of the peace shall impose any fine, or direct any penalty to be paid by such officer, under and by virtue of the powers given to justices of the peace by an act passed in the thirty-third year of the reign of his late majesty king George the Third, intituled An Act to authorize Justices of the Peace to impose Fines upon Constables, Overseers, and other Peace or Parish Officers, for Neglect of Duty, and on Masters of Apprentices for Ill-usage of such their Apprentices, and also to make Provision for the Execution of Warrants of Distress granted by Magistrates,' or under any other powers enabling such justices in that behalf, then and in every such case it shall be lawful for such justice or justices, upon conviction of any such offender, to reimburse and allow to the person or persons on whose complaint or information such offender shall have been convicted, all neces sary costs and expenses which such person or persons may thereby have incurred, or by any appeal made in consequence thereof, by making an order under his or their hands and seals, upon the treasurer of the county, riding, division, or place, to pay to such person or persons the amount of such costs and expenses, on producing the said order, and giving a receipt for the same, and the same shall be allowed the said treasurer in his account." See further as to the general duties of constables, title "Constable," Vol. I. Visiting justices of gaols, &c. may grant certificates to persons dis alms in their route. VII. Certificates to ask Alms. By 5 Geo. IV. c. 83, s. 15, "Nothing therein contained shall extend, or be construed to extend, so as to restrain, hinder, or prevent any visit ing justice of any county gaol, house of correction, or other prison, from charged to receive granting a certificate or other instrument for enabling any person discharged from a county gaol, house of correction, or other prison, to have or receive alms or relief, in or upon his or her route to his or her place of settlement; provided that such certificate be made and drawn up in compliance with the directions and provisions of any act or acts of parliament for the better regulation and management of gaols, houses of correction, or other prisons; and if any person to whom any such certificate or instrument shall be delivered shall act in any manner contrary to the directions or provisions of such certificate or instrument, or shall loiter upon his or her route, or shall deviate therefrom, every such person shall be, and be deemed to be, a rogue and vagabond within the provisions and directions of this act, and shall be punished accordingly." Such persons loitering, &c., deemed rogues. No certificates except to those entitled under 43 Geo. III. c. 61. Other persons asking alms deemed idle, &c. Sect. 16. "No justice of the peace, mayor, or other magistrate, shall grant to any person, other than a person entitled thereto, under and by virtue of an act passed in the forty-third year of the reign of his late majesty king George the Third, intituled, An Act for the Relief of Soldiers, Sailors, and Marines, and of the Wives of Soldiers in the Cases therein mentioned, so far as relates to England,' any certificate or other instrument enabling such person to ask alms or relief in their route to any place, or for any other purpose whatever; and every person asking alms or relief under and by virtue of any certificate or other instrument hereby prohibited, is liable to be declared to be an idle and disorderly 8. Form, &c. person in like manner as if he or she had possessed no such certificate or of Conviction. other instrument as aforesaid." 5 Geo. IV. c. 83. VIII. Form, &c. of Conviction. By 5 Geo. IV. c. 83, s. 17, "No proceeding to be had before any jus- Form of convictice or justices of the peace under the provisions of this act shall be quashed tion. for want of form; and every conviction of any offender as an idle and disorderly person, or as a rogue and vagabond, or as an incorrigible rogue, under this act, shall be in the form or to the effect following, or as near thereto as circumstances will permit; (that is to say,) Be it remembered, that on the at day of in the county of in the year of to wit. our Lord day of at the sessions, and a copy thereof And the justice or justices of the peace before whom any such conviction Conviction to be shall take place, shall, and he and they is and are hereby required to transmitted to transmit the said conviction to the next general or quarter sessions of the peace to be holden in and for the county, riding, division, or place wherein to be evidence. such conviction shall have taken place, there to be filed and kept on record; and a copy of the conviction so filed, duly certified by the clerk of the peace shall and may be read as evidence in any court of record, or before any justice or justices of the peace acting under the powers and provisions of this act." See the decisions and observations as to the form of conviction, ante, Decisions as to. 320. A misrecital of the title of the act, if not of a substantial kind, will not invalidate the conviction. (Nixon v. Nanney, 10 Law. J., N. S. 134, Mag. Cas. 1 Ad. & Ell., N. S. 747, S. C.) IX. Appeal. sions. By Geo. IV. c. 83, s. 14, " Any person aggrieved by any act or deter- Appeal to sesination of any justice or justices of the peace out of sessions, in or concerning the execution of this act, may appeal to the next general or quarter sessions for the county, riding, division, or place in and for which such justice or justices shall have so acted, giving to the justice or justices of the peace, whose act or determination shall be appealed against, notice Notice. in writing of such appeal, and of the ground thereof, within seven days after such act or determination, and before the next general or quarter sessions, and entering within such seven days into a recognizance, with Recognizance. sufficient surety, before a justice of the peace for the county or place in which such person shall have been convicted, personally to appear and prosecute such appeal; and upon such notice being given, and such recognizance being entered into, such justice is hereby empowered to discharge such person out of custody; and the court at such general or Sessions may dequarter sessions shall hear and determine the matter of such appeal, and ermine. shall make such order therein as shall to the said court seem meet, and 9. Appeal. 1 & 2 Vict. c. 38. Persons con victed, being discustody on hav charged out of ing appealed against convic tion, and not ap. pearing to prosecute such appeal, may be recommitted. Decisions as to. Justices, &c. to have treble costs, their favour. in case of the dismissal of the appeal, or the affirmance of the conviction, shall issue the necessary process for the apprehension and punishment of the offender, according to the conviction." By the 1 & 2 Vict. c. 38, entitled "An Act to amend an Act for punishing idle and disorderly Persons and Rogues and Vagabonds," reciting that "Whereas it is expedient to alter and amend an act passed in the fifth year of the reign of his late majesty king George the Fourth, intituled An Act for the Punishment of idle and disorderly Persons and Rogues and Vagabonds in that Part of Great Britain called England;"" it is enacted, "That when any person aggrieved by any act or determination of any justice or justices of the peace out of sessions, in or concerning the execution of the said act, shall have appealed against such act or determination according to the provisions of the said act, and shall thereupon have been discharged out of custody, and such person shall not personally appear and prosecute such appeal at the general or quarter sessions according to the recognizance entered into on such appeal, it shall be lawful for the justices assembled at such general or quarter ses sions, or for any justice of the peace for the county or place in which such person shall have been convicted, on proof of the said conviction, and on proof by certificate under the hand of the clerk of the peace for the said county or place, or of the person acting as his deputy, that the person so convicted did not personally appear to prosecute such appeal, to issue a warrant for the apprehension and committal of such person for such period of time as, together with the days during which such person so convicted shall have been imprisoned (if any) previous to being dis charged by reason of appeal, shall complete the full term for which such person was adjudged to be imprisoned at the time of his or her said conviction." As to appeals in general, see " Appeal," Vol. I. A notice of appeal against a conviction under the 5 Geo. IV. c. 18, s.4, of a party as a rogue and vagabond, for obscenely exposing his person in a place of public resort, with intent to insult a female, stating as the ground of such appeal that the appellant was not guilty of the said offence, is sufficient. (R. v. Justices of Newcastle upon Tyne, 1 B. & Adol. 933.) Under the 14th section, a subsequent court of quarter sessions have power to give effect to a judgment pronounced at a previous sessions of the same court, by issuing process of execution upon a conviction as awarded at such previous sessions. And a mandamus to the court of quarter ses sions will go, commanding them to issue such process of execution where there has been no delay in making the application, or the delay has been satisfactorily accounted for. (R. v. Justices of Warwickshire, 1 Harr. & W. 18.) X. Limitations, &c. of Actions-Treble Costs, &c. By 5 Geo. IV. c. 83, s. 18, "In all cases where an action shall be brought if judgment be in against any justice of the peace, constable, or other person, for or on ac count of any matter or thing whatsoever done or commanded by him in the execution of his duty or office under this act, such justice, constable, or other person, if he shall have judgment in his favour, shall have treble costs awarded to him by the court, unless the judge shall certify that there was a reasonable cause for such action." [But now by the 5 & 6 Vict. c. 97, s. 1 & 2, the defendant shall in such cases have only his rea sonable costs.] Limitation of actions. General issue. Sect. 19. "Every such action shall be commenced within three calendar months after the cause of action or complaint shall have arisen, and not afterwards; and if any person or persons shall be sued for any matter or thing which he, she or they shall have done in the execution of this act, he, she or they may plead the general issue, and give the special matter in evidence." |