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constable shall not act hastily, if the intentions are not thus clear, but content himself with watching closely the suspected party, and he will probably soon discover what his intentions really are.

The constable must arrest any one he sees in the act of committing a felony.

Also any one whom another positively charges with having committed a felony.

So upon the suspicions of another, if the grounds of the suspicion appear to the constable to be reasonable, and the party entertaining them go with the constable.

So, though no charge be made, yet if the constable suspect a person to have committed a felony, he should arrest him; and if he have reasonable grounds for his suspicion, he is justified, even though it should afterwards appear that no felony was in fact committed.

But the constable must be cautious in thus acting upon his own suspicions.

Yet, generally, if the arrest was made discreetly and fairly, in pursuit of an offender, and not from any private malice or ill-will, the constable need not doubt but that the law will protect him.

If after sunset, and before sunrising, the constable shall see any one carrying a bundle, or goods, which he suspects were stolen, he should stop and examine him first, and may detain him; but here also he should judge from all the circumstances the appearance and manner of the party, his account of himself, and so on,-whether he has really got stolen goods, before he actually takes him into custody. The constable must make every exertion to effect the arrest, and the law gives him abundant power for the purpose, If the felon or

party accused fly, he may be immediately followed wherever he goes; and if he take refuge in a house, he, the constable may, first stating who he is, and his business, break open the doors, if necessary, to get in. But the breaking open outer doors is so violent and dangerous a proceeding, that the constable never should resort to it except in extreme cases, and when an immediate arrest is necessary.

There are cases, however, in which a constable may and ought to break into a house, although no felony has been committed,-that is, from the necessity of the cases, which will not admit of delay; as when persons are fighting furiously in a house, or a house has been entered by others with a felonious intent, and a felony will probably be committed unless the constable interfere, and he cannot otherwise get into the house; but except in such cases, the constable usually ought to wait till he gets a warrant from the magistrate.

If the constable find his own exertions, or those of the other constables there, insufficient to effect the arrest, he ought to require all persons present to assist him, and they are bound to do so.

If a prisoner should escape, he may be retaken; and on immediate pursuit, the constable may follow him anywhere, or into any house, whether his own or another's, in which he has taken refuge.

In cases of actual breaches of the peace, as riots, affrays, assaults, and the like, committed within the view of the constable, he should immediately interfere (first giving public notice of his office, if he be not already known), separate the combatants, and prevent others from joining in the affray. If the riot, &c. be of a serious nature, or

if the offenders do not immediately desist, he should take them into custody, securing first the principal instigators of the tumult, and do every thing in his power to restore quiet. So if persons go about at night armed, or in any other such manner as to excite great suspicion that a breach of the peace is in tended; or if there be a disorderly noise and drinking, in a house at an unseasonable hour of the night, it is the duty of the constable to arrest the parties. So he may equally, as in other assaults, arrest any one assaulting or opposing him in the execution of his duty.

If a person forcibly enter the house of another, the constable may, at the request of the owner, turn him out directly. If he have entered peaceably, the constable should first request him to go out; and unless he do so, he should turn him out in either case using no more force than is necessary for that purpose. So, when the offence has not yet been committed, but when a breach of the peace is likely to take place, as when persons are openly preparing to fight, he should take the parties concerned into custody. If they fly into a house, or are making such preparations to fight within the house, the constable should enter the house to prevent them, and likewise take the parties into custody; and should the doors be closed, he may break them open, if admission is refused, after giving notice of his office, and his object in entering.

If any party threaten another with immediate personal violence, offer to strike, or draw a weapon upon another, the constable should take him into custody; but if persons are merely quarrelling or insulting each other, the constable has no right to take them into

custody, but should admonish them to refrain.

The constable cannot, in cases of misdemeanour, arrest a party after the matter has happened, upon the charge of another; though if another deliver to him a person whom he charges with having committed such a breach of the peace, the constable is bound to take charge of him.

If a party, charged with a misdemeanour, escape out of custody, he may be pursued immediately any where; and if he take refuge in a house, the doors may be broken open after demand of admission, and notification by the constable of his office, and object in coming.

After the arrest, the constable is in all cases to treat a prisoner with kindness and humanity, and impose no constraint upon him but what is necessary for his safe custody.

In all cases it is desirable to take the prisoner as soon as convenient before the sitting magistrate, who will dispose of the case. At night he is to be taken to the division station, or, in cases of necessity, to the nearest place of safety.

It will frequently be more advisable for the constable to get a warrant from a magistrate before he acts in taking parties into custody. The constable is bound to follow the directions contained in the warrant, and to execute it with secrecy and dispatch; in doing so he has equal power as when he acts without a warrant, in the manner that has been already stated.

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authority if it be not generally known, and should show his warrant when required to do so; but he should never part with the possession of the warrant, for it may be material for his own justification afterwards.

When the constable gets within reach of a party against whom he has a warrant, he should, in order to make the arrest, touch his person, or shut him up in a room, stating at the same time that he makes him his prisoner. When the person to be taken is not personally known to the constable, he should in some way be able to identify him, as, by taking some one with him to whom the party is known, or by some marks, &c., previously given him. Upon the arrest being made, the prisoner is to be taken before the magistrate as soon as convenient. When the prisoner is brought to the justice, he still remains in custody of the constable until his discharge or committal.

The constable may enter a house to search for stolen goods, having got a search-warrant from a magistrate for that purpose. He should in general execute it in the daytime. If he finds the goods mentioned, he is to take them to the magistrate, and when the warrant so directs, the person also in whose possession they are found: to avoid mistakes, the owner ought to attend at the search to identify the goods.

In the classes of offences which are now to be enumerated, there frequently occur cases in which it is not desirable that the law should be enforced against the offenders; the constable will therefore not notice them, unless when the offence may be committed with such circumstances of aggravation or mis

chief and offence to the public as to require his immediate interference, or unless he receives a special command from his officers. But he should know that he has power to apprehend and carry before a justice of the peace

Every common prostitute wandering in the public streets or public highways, or in any place of public resort, and behaving in a riotous or indecent manner.

Every petty chapman or pedlar wandering abroad without being duly licensed, or otherwise authorised by law.

Every person wandering abroad or placing himself or herself in any public street or highway, court, or passage, to beg or gather alms, or causing, or procuring, or encouraging any child or children so to do, all such being declared by the law idle and disorderly persons.

Any person committing any of the foregoing offences a second time after a former conviction.

Every person professing to tell fortunes, or using any subtle craft, means, or device, by palmistry or otherwise, to deceive or impose on any of his majesty's subjects.

Every person wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, not having any visible means of subsistence, and not giving a good account of himself or herself.

Every person wilfully exposing to view in any street, road, highway, or public place, any obscene print, picture, or other indecent exhibition.

Every person wilfully, openly, lewdly, and obscenely exhibiting his person in any street, road, or public highway, or in the view.

thereof, or in any place of public resort, with intent to insult any female.

Every person wandering abroad and endeavouring, by the exposure of wounds or deformities, to obtain or gather alms.

Every person going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pre

tence.

Every person playing or betting, in any street, road, highway, or other open or public place, at or with any table or instrument of gaming, at any game, or pretended game, of chance.

If any carter, drayman, carman, waggoner, or other driver, shall ride upon his cart, dray, car, or waggon, in London, or within ten miles thereof, not having some other person on foot, to guide the same,

may be stopped, apprehended, and carried before a magistrate as soon as may be convenient. If the driver of any carriage shall, by negligence or wilful misbehaviour, interrupt the free passage of his Majesty's subjects, he may be apprehended and conveyed before a justice. Also, if the coachman, guard, or other person having the care of any coach, or other carriage, shall by intoxication, or wanton or furious driving, or any other wilful misconduct on the public highway, injure or endanger any person, he may be apprehended.

So it is lawful for any man, belonging to the said police force, during the time of his being on duty, to apprehend all loose, idle, and disorderly persons, whom he shall find disturbing the public peace, or whom he shall have just reason to suspect of any evil designs, and all persons whom he shall find

between sunset and the hour of eight o'clock in the forenoon, lying in any highway, yard, or other place, or loitering therein, and not giving a satisfactory account of themselves, and to deliver any person so apprehended into the custody of the constable appointed

under this Act who shall be in attendance at the nearest watchhouse, in order that such person may be secured until he can be brought before a justice of the peace, to be dealt with according to law; or may give bail for his appearance before a justice of the peace, if the constable shall deem it prudent to take bail.

No shop, room, or place for the sale of ready-made coffee, tea, or other liquors, shall be kept open after 11 o'clock at night, during any part of the year; nor opened before four in the morning between Lady-day and Michaelmas, or before six in the morning between Michaelmas and Lady-day.

If any such are open, or being shut, any persons during the said hours shall be found therein, except the persons actually dwelling there, or having lawful excuse for being there, master, mistress, waiter, or other person having care or management of such shop, &c., the constable should make complaint next day to the sitting magistrate.

Any one blowing any horn, or using any noisy instrument, for the purpose of hawking, selling, or distributing any articles whatsoever, constables may apprehend.

If any person in any public street or place beats or dusts carpets or drives any carriage for the purpose of breaking or exercising, or trying horses; or shall ride any horse for the purpose of trying or showing it for sale in such a man

ner as to cause danger or great annoyance to passengers; or throws any ashes, dirt, rubbish, dung, or any filth upon the carriage or footway; or shall slaughter or cut up any beast, swine, or sheep, so near any public street that any blood or filth shall flow upon the pave ment; or rolls or drives upon the footway of any street any waggon, cart, or other carriage, or wheel a wheelbarrow or truck, or any cask or barrel, or rides or drives any horse or other beast upon any of the footways; the constable may apprehend the party and take him before the magistrate; but if he know the party, or can discover his residence, the best way is for the constable to lodge his complaint with a magistrate, who will then issue a summons for the party to appear.

If any person slack or sift lime in the streets, unless he can show the consent of the Commissioners of the Pavements for so doing, complaint may be made to a magistrate; if entrances to coal-holes and cellars are not properly secured, so as to prevent danger to passengers, complaint should likewise be made; if any scavenger or any person sweeps or places the mud, dirt, or rubbish, into any of the drains or sewers, complaint may be made in the same way.

During or after a fall of snow, or any frost, if the occupier of any house or building do not once in every day, except Sunday, before the hour of ten o'clock in the fore

noon, sweep and cleanse the footway along the front or sides of their premises, complaint is to be made.

Any person carrying in any cart through the street soap-lees, night soil, slop or filth, without having a proper covering to prevent the same from spilling in the streets, or driving any cart, with such soaplees, &c., in it through the streets, at any time between the hours of six o'clock in the morning and eight in the evening, may be taken into custody at the time, or they may be summoned afterwards before a magistrate.

If any person empty any boghouse, or take away any night soil from any house in the streets, except between the hours of twelve o'clock in the night and five in the morning, from Lady-day to Michaelmas, or before six o'clock from Michaelmas to Lady-day, or if any person shall put any night soil in or near any of the public streets, the constable should apprehend them immediately, and keep them in confinement till they can be conveniently carried before a magistrate, and may take their horses, carts, &c., to some place of security, to be kept till the decision of the matter. In most of these cases it is desired that the constables should only ascertain the party, and take the means of finding him afterwards, and report the case to the superior officer, and directions will be given him for his further guidance.

REPORT of the COMMISSIONERS for examining and printing the PUBLIC RECORDS of the Kingdom.

To the honourable the House of In obedience to the order of Commons in Parliament assem- your honourable House, dated 6th May, 1829, directing that

bled.

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