you and every of you, upon sight hereof, to apprehend and bring before 2. Form of. me, one of her majesty's justices of the peace, the body of (the plaintiff), of whom you shall have notice to answer to all such matters and things as on her majesty's behalf shall be objected against him on oath by Mary Ann Warner, of &c., for an assault committed upon her, upon the 24th instant," &c., was in that case held bad.

For the concise mode of describing the offence, see safe Custody," Vol. I.

Commitment for

on oath.

The warrant should state that the information for the offence was laid be- Statement of layfore the magistrate, and on oath. A statement that the magistrate's clerk ing information took the information would make the warrant bad. (Candle v. Seymour, supra; 2 Hale, P. C. 110, 111; Butt v. Conant, ante, 354.)

The warrant is not returnable at any particular time, but continues in Return of warforce until it is fully executed and obeyed, though it were seven years, rant, and how provided the magistrate so long live. (Per Lord Kenyon, C. J., Dickin- long in force. son v. Brown, Peake's N. P. 234; 1 Esp. 218, S. C.)

A warrant to arrest the party, "to the end that he may become bound, c. to appear at the next sessions," &c., means the next sessions after the arrest, and not after the date of the warrant. Therefore, the officer executing it may justify an arrest after the sessions next ensuing the date of the warrant. (Mayhew v. Parker and others, 8 T. R. 110.)

The warrant need not be returnable at a place certain. (4 Bla. Com.

291.)

brought.

The warrant may issue to bring the party before the justice who Before what jusgranted the warrant specially, and then the officer is bound to bring him tice party to be before the same justice; but if the warrant be to bring him before any justice, then it is in the election of the officer to bring him before what justice of the county he thinks fit, and not in the election of the prisoner. 1 Hale, 582; 2 Hale, 112.)

It ought to set forth the year and day wherein it is made, that, in an Date and place. action brought upon an arrest by virtue of it, it may appear to have been prior to such arrest; and also, in case where the statute directeth the prosecution to be within such a time, that it may appear that the prosecution is commenced within such time limited: likewise, where a penalty is given to the poor of the parish where the offence shall be committed, or the like, it ought to specify the place where the offence was committed. 2 Haw. c. 13, s. 22.)

And it is in general better to state the place where the warrant is made. (Dalt, c. 169.)

It ought to be under the hand and seal of the justice who makes it Hand and seal of out. (2 Haw. c. 13, s. 21; 2 Saund. 305, n. 13.) justice.

The terms of a particular statute, however, may dispense with the warrant being under seal. Thus, in trover, where defendant justified, under warrant of distress, for a penalty under 9 Geo. II. c. 23, for selling spirituous liquors without a licence, it appeared, on case reserved, that the warrant was signed by two justices, but not sealed: the court held the warrant sufficient, as the 12 Car. II. c. 24, s. 25, to which the statute in question referred, authorized the issuing of warrants under their hands. (Padfield v. Cabell, Willes, 411.)

when determining

In case of a warrant by more than one justice, in determining whether Magistrates they shall issue it, the justices must, it seems, be acting together, but it should be together is not necessary that all of them should be present when each executes it. on granting warSee Battye v. Gresley, 8 East, 319.)

rant.

drawn up.

By the 5 Geo. IV. c. 18, s. 2, where penalties or sums of money are Warrant no effect recovered before a magistrate, and it shall appear, either on return of the till properly stress warrant, or by confession of the party, or otherwise, that there are no sufficient goods within the jurisdiction whereon the distress can be levied, the magistrate may issue his warrant for committing the offender to gaol for three months, unless the sum, &c. be sooner paid, and the amount of the costs and expenses are to be specified in the warrant of commitment. It was held that, in such case, the warrant of commitment

2. Form of. must be made out at the time of the commitment, without unnecessary delay; and where it appeared that the warrant had not been made out till several days after the commitment, the party was held entitled to his action for false imprisonment, the court saying that a commitment was in no respect like a conviction. (Hutchinson v. Lowndes, 1 Nev. & M.674; 4 B. & Ad. 118.)

Whether a magis

to withdraw his

warrant.

It was made a question, but not decided, in Barrons v. Luscombe, (3 trate has a right Ad. & Ell. 589; 5 Nev. & M. 330,) whether magistrates have, under any circumstances, a right to withdraw a warrant after they have once issued it. In that case, two justices allowed the accounts of overseers going out of office. By a subsequent warrant, reciting that on the accounts a cer tain balance appeared to be in the hands of one of the overseers, which he had neglected and refused to pay, they required the succeeding overseers to distrain for the balance on his goods under stat. 50 Geo. III. c. 49, 5. 1. Afterwards a doubt being raised whether the balance was correctly ascertained, they signed an order to the overseers to suspend and not execute the warrant of distress. This was delivered to one of the overseers, who nevertheless distrained, an action of trespass being brought against him. It was held that the justices had no power to suspend the order, on account of a doubt as to the correctness of the balance; that the defendant therefore was acting under a legal warrant, and was entitled to a demand of a copy of the warrant under stat. 24 Geo. II. c. 44, s. 6. (See R. v. Justices of Cheshire, 5 B. & Adol. 439; 2 N. & M. 727, S. C.)

Unless backed it

III. Backing of Warrants, &c.

The warrant of a magistrate cannot be executed out of his county, must be executed unless it be backed: that is, indorsed by a justice of the county in which it is to be carried into execution. (2 Hale, 115.)

in county.

Person being out

warrant,

how to be dealt with.

By statute 24 Geo. II. c. 55, s. 1, "In case any person, against whom of the jurisdiction a warrant shall be issued by any justice or justices of the peace of any of the justice, who shall grant a County, riding, division, city, liberty, town, or place within this kingdom. shall escape, go into, reside, or be in any other county, riding, division, city, liberty, town, or place out of the jurisdiction of the justice or jus tices granting such warrant as aforesaid, it shall and may be lawful for any justice or justices of the peace of the county, riding, division, city. liberty, town, or place where such persons shall escape, go into, reside, or be, and such justice or justices is and are hereby required, upon proof being made upon oath, of the handwriting of the justice or justices granting such warrant, to indorse his or their name or names on such warrant, which shall be a sufficient authority to the person or persons bringing such warrant, and to all other persons to whom such warrant was originally directed, to execute such warrant in such other county, riding, division, city, liberty, town, or place out of the jurisdiction of the justice or justices granting such warrant as aforesaid, and to apprehend and carry such offender or offenders before the justice who indorsed such warrant, or some other justice or justices of such other county, riding, division, city, liberty, town, or place where such warrant was indorsed, in case the offence for which such offender shall be so apprehended in such other county, riding, division, city, liberty, town, or place, as aforesaid, shall be bailable in law, and such offender shall be willing and ready to give bail, for his appearance at the next assizes or general gaol delivery, or next general quarter sessions of the peace, to be held in and for the county, riding, division, city, liberty, town, or place where the offence was committed, such justice or justices of such other county, riding, division, city, liberty, town, or place, before whom such offender or offenders shall be brought, shall and may take bail of such offender or offenders, for his or their appearance at the next assizes or general gaol delivery, or at the next general quarter sessions of the peace to be held in and for the

&c.

24 Geo. II. c. 55.

constable,

county, riding, division, city, liberty, town, or place where such offence 3. Backing of, was committed, in the same manner as the justices of the peace of the proper county, riding, division, city, liberty, town, or place should or might have done in such proper county, riding, division, city, liberty, town, or place; and the justice or justices of such other county, riding, Recognizance division, city, liberty, town, or place, so taking bail as aforesaid, shall &c., delivered to deliver the recognizance, together with the examination or confession of such offender or offenders, and all other proceedings relating thereto, to the constable, tithingman, or other person or persons so apprehending such offender or offenders as aforesaid, who are hereby required to receive the same, and to deliver over such recognizance, examination, and other to be delivered proceedings, to the clerk of assizes, or clerk of the peace of the county, over to clerk of riding, division, city, liberty, town, or place where such offender or assizes, or clerk offenders is or are required to appear by virtue of such recognizance; and such recognizance, examination, or confession shall be as good and effectual in law, to all intents and purposes, and of the same force and validity, as if the same had been entered into, taken, or acknowledged before a justice or justices of the peace in and for the proper county, riding, division, city, liberty, town, or place where the offence was com

of peace.

mittted, and the same proceedings shall be had thereon; and in case such Constables not deconstable, tithingman, or other person to whom such recognizance, exa- livering over. mination, confession, or other proceedings shall be delivered as aforesaid, shall refuse or neglect to deliver over the same to the clerk of assizes, or clerk of the peace of the county, riding, division, city, liberty, town, or place, where such offender is required to appear by virtue of such recogmizance, such constable, tithingman, or other person shall forfeit the sum of 101., to be recovered against him by bail, plaint, or information, in any Penalty. of his majesty's courts at Westminster, by any person or persons who

will prosecute or sue for the same; wherein no essoign, protection, or

wager of law shall be allowed, or more than one imparlance; and in case If offence not the offence for which such offender or offenders shall be apprehended and bailable, &c., taken in any other county, riding, division, city, liberty, town, or place, shall not be bailable in law, or such offender or offenders shall not give bail for his appearance at the next assizes or general gaol delivery, or next general quarter-sessions of the peace, to be held in and for the county, riding, division, city, liberty, town, or place where the offence was committed, to the satisfaction of the justice before whom such offender or offenders shall be brought in such other county, riding, division, city, liberty, town, or place; then, and in that case, the constable, tithingman, how offender to or other person or persons so apprehending such offender or offenders, be dealt with. shall carry and convey such offender or offenders before one of his majesty's justices of the peace of the proper county, riding, division, city, liberty, town, or place where such offence was committed, there to be dealt with according to law."

And the justice may further order (if he think fit) the party, according as he shall appear bailable or not bailable upon the face of the warrant, to be brought before himself, or some other justice or justices of that county, or to be carried back into the county from whence the warrant

did issue.

The magistrate cannot exercise a discretion in this matter; but he Imperative on must back the warrant, if oath be duly made of the handwriting of the justice to back it. justice who granted it. (R. v. Kynaston, 1 East, 117.)

Also, by the 13 Geo. III. c. 31, s. 1, "if any person or persons against Backing of Scotch whom a warrant shall be issued by any justice or justices of peace of and Irish warany rants. county, riding, division, city, liberty, town, or place, within that part of Offenders escapGreat Britain called England, for any crime or offence, against the laws ing into Scotland of that part of the United Kingdom, shall escape, go into, reside or be in may be conveyed any place of that part of Great Britain called Scotland, it shall and may offence commitbe lawful for the sheriff or steward depute or substitute, or any justice of ted. peace of the county or place where such person or persons shall escape, go into, reside, or be, to indorse his name on the said warrant, which

into county where

13 Geo. III. c. 31.

3. Backing of, warrant, so indorsed, shall be a sufficient authority to the person or per&c. sons bringing such warrant, and to all persons to whom such warrant was originally directed; and also to all sheriffs' officers, stewards' offcers, constables, and other peace-officers of the county or place where such warrant shall be so indorsed, to execute the said warrant in the county or place where it is so indorsed, by apprehending the person or persons against whom such warrant is granted, and to convey him, her, or them into the county, riding, division, city, liberty, town or place, of that part of Great Britain called England, being adjacent to that part of Great Britain called Scotland, in which the crime was committed, an before one of the justices of peace of such county, riding, division, city. liberty, town, or place, to be there dealt with according to law; or in case the crime was committed in a county not next adjacent to that part ei Great Britain called Scotland, then, and in every such case, to conver him, her, or them into any county of that part of Great Britain calle England, next adjacent to that part of Great Britain called Scotland, and before one of the justices of peace of such county, which justice of peace is hereby authorized and required to proceed with regard to such persca 24 Geo. II. c. 55. Or persons, in the manner directed by an act made in the twenty-fourth year of the reign of his majesty king George the Second, intituled Ar Act for amending and making more effectual a Clause in an Act passe in the last Session of Parliament, for the apprehending of Persons i any County or Place, upon Warrants granted by Justices of the Peace o any other County or Place,' as if the said person or persons had bee apprehended in the said county."

Offenders escap

may be apprehended and returned.

Sect. 2. "From and after the passing of this act, if any person or person ing from Scotand, against whom a warrant shall be issued by the lord justice-general, lor chief-justice clerk, or any of the lords commissioners of justiciary, or by any sheriff or steward depute, or substitute, or justice of the peace of tha part of Great Britain called Scotland, for any crime or offence against th laws of that part of the United Kingdom, shall escape, go into, reside, of be in any place of that part of Great Britain called England, it shall and may be lawful for any justice of peace of the county, riding, division, city, liberty, town, or place where such person or persons shall escape, go into, reside, or be, to indorse his name on the said warrant, which warrant, 80 indorsed, shall be a sufficient authority to the person or persons bringing such warrant, and to all persons to whom such warrant was originally directed; and also to all constables or other peace-officers of the county, riding, division, city, liberty, town, or place where such warrant shall be so indorsed, to execute the said warrant in the county, riding, division, city, liberty, town, or place where it is so indorsed, by apprehending the person or persons against whom such warrant is granted, and to convey him, her, or them into the county or place of that part of Great Britain called Scotland, being adjacent to that part of Great Britain called England, where the crime was committed; and before the sheriff, or stewarddepute, or substitute, or one of the justices of the peace of such county or place, to be there dealt with according to law; or in case the crime was committed in a county not next adjacent to that part of Great Britain called England, then, and in such case, to convey him, her, or them into any county of that part of Great Britain called Scotland, next adjacent to that part of Great Britain called England, and before the sheriff or steward-depute, substitute, or one of the justices of the peace of such county, which sheriff, steward, or justice of the peace is hereby required to proceed with regard to such person or persons according to the rules and practice of the law of Scotland, as if the said person or persons been apprehended in the said county."

Expenses of re

had

Sect. 3. "The expense of removing prisoners as aforesaid shall be removing prisoners. paid to the person defraying the same, by the treasurer of the county of that part of Great Britain' called England, or by the sheriff, or steward depute or substitute of the county of that part of Great Britain called Scotland, in which the crime was committed; the amount of that expense

being previously ascertained by an account thereof, verified upon oath 3. Backing of, before two of the justices of the peace of such county, and allowed and &c. signed by them."

into Great Bri

land.

And by 44 Geo. III. c. 92, s. 3, "if any person or persons against Offenders escapwhom a warrant shall be issued by any of the judges of his majesty's ing from Ireland Court of King's Bench, or any justice of oyer and terminer or gaol de- tain may be aplivery, or any justice or justices of the peace, or other person having prehended, and authority to issue the same within Ireland, for any crime or offence conveyed to Ireagainst the laws in force in Ireland, shall escape, go into, reside, or be in any place in England or Scotland respectively, it shall and may be lawful for any justice of the peace of the county, stewartry, riding, division, city, liberty, town, or place in England or Scotland respectively, whither or where such person or persons shall escape, go into, reside, or be, to indorse his name on such warrant, which warrant, so indorsed, shall be a sufficient authority to the person or persons bringing such warrant, and to all persons to whom such warrant was originally directed, and also to all constables or other peace-officers of the county, stewartry, riding, division, tity, liberty, town, or place where such warrant shall be so indorsed, to execute the said warrant in the county, riding, division, city, liberty, town, or place where it is so indorsed, by apprehending the person or persons against whom such warrant is granted, and to convey him, her, or them by the most direct way into Ireland, and before one of the justices of the peace of the county in Ireland, living near the place and in the county where he, she, or they shall arrive and land; which justice of the peace is hereby required to proceed with regard to such person or persons as if the said person or persons had been legally apprehended in the said county in Ireland."

By sect. 4, the same provision is made as to offenders escaping from England or Scotland into Ireland, being apprehended and conveyed back again to England or Scotland.

Also the 54 Geo. III. c. 186, after reciting the 13 Geo. III. c. 31, 44 Warrants may be

indorsed and

Geo. III. c. 92, and 45 Geo. III. c. 92, repeals the fifth and sixth sections acted upon in

of the last-mentioned act, and enacts, sect. 2, "That from and after the either country, as passing of this act, all warrants issued in England, Scotland, or Ireland by 13 Geo. III. c. 31, ss. 1, 2. respectively, may and shall be indorsed and executed, and enforced and acted upon, in any part of the United Kingdom, in such and the like manner 18 is directed by the said first recited act of the thirteenth year of the reign of his present majesty, in relation to warrants issued or granted in Engand and Scotland respectively, as fully and effectually, to all intents and purposes, as if all the provisions of the said act were in this act severally and separately repeated and re-enacted, and made part of this act, as to every part of the United Kingdom, and as to all justices of the peace, sherif's' officers, constables, or other officer or officers of the peace in Ireland, as well as in England and Scotland respectively."

country, to in

Sect. 3. "It shall be lawful for any judge of any of his majesty's Judges, in either courts of record in Westminster, of the court of sessions in the county dorse letters of palatine of Chester, or of any of the courts of great sessions in Wales, or second diligence. fer any judge in any of his majesty's courts of record in Dublin, to indorse any letters of second diligence, issued in Scotland, for compelling the attendance of any witness or witnesses resident in England, Wales, or Ireland, upon any criminal trial in Scotland; and such letters shall, upon such indorsement, have the like force and effect as the same would have in Scotland, and shall entitle the bearer thereof to apprehend the witness or witnesses mentioned therein, and to convey such witness or witnesses to Scotland, for the purposes of the trial or trials in respect of which such letters shall have been issued, without any tender of any expense or expenses of any such witness or witnesses; anything contained in the said last-recited act of the forty-fifth year aforesaid to the contrary notwithstanding."

As regards the bailing of parties accused, and who are apprehended on Parties apprethese warrants, so backed, by the 45 Geo. III. c. 92, s. 1, after reciting hended in one