| Chap. 169. |
Warrants.
to be before the Justices at their Sessions, to answer to their said
Defaults. But these may seem also to have been warranted, and so
appointed
by the Statute of Labourers, made An. 25 E. 3. c. 6.
which Statute
is now repealed by the Statute of 5 El. 4. |
443 |
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Also it is usual (by way of prevention) to bind
by Recognizance such
as do tramel for Larks, that they shall destroy no Partridges; as also
to
bind by Recognizance Butchers and all Victuallers, that they shall not
kill
nor dress any Flesh in Lent time, contrary to the Laws. And for these
purposes the Justices of Peace do grant out their Warrants to convene
the
said persons before them, For Victuallers, (sc. Taverners, Inn-Keepers,
Alehouse-keepers, keepers of Ordinary Tables, and other Victuallers) I
have known sundry Proclamations which seem to warrant the Justices of
Peace therein. But for the other, what Law or Warrant there is for
it I
know not, until the Offender is convicted. See hic tit. Partridges.
Yet
see antea, where the Justices may in some cases grant their Warrants
against
Offenders upon Penal Statutes. ' But there the Justices have power
to
' hear and determine out of the Sessions. |
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' Also where the offence prohibited by such a Statute
amounteth to
' the Breach of the Peace or Good Behaviour, there it seemeth the Justice
' may (either upon discretion or complaint of such an offence and breach
' of the Statute) grant out his Warrant, and bind over the Offender to
' the next Quarter-Sessions, &c. to answer his said Default, and in
the
' mean time to be of the Good Behaviour. See hic, Servants assaulting
their Master. |
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14 H. 8. 16.
Br. Peace
6. |
The Justice of Peace may direct his Precept or Warrant
to the Sheriff,
Bailiff, Constable, or other Officer, or to any other indifferent person
by
name, though he be no Officer, yea to any person that he shall think
meet; but yet the safest way is to direct it to the Constable, or to some
other sworn Officers. |
§. 7.
To whom
directed. |
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A Warrant directed by the Justice of Peace to the
Constable, or other
sworn Officer, and to a stranger, who is no Officer, and the Warrant is
made conjunctim & divisim, and is delivered to the stranger,
who executeth
it; all this is good. |
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Cromp.
147. |
A Warrant directed by the Justice of Peace to two
men joyntly, to
arrest another, &c. yet any one of them alone may do it. |
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A Warrant directed by the Justice of Peace to the
Sheriff, he may by
word command his Undersheriff, Bailiff, or other known or sworn Officer,
to serve it, without any Precept by writing. |
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| Lamb. 91. |
And so the Sheriffs servant, or other person by
the Sheriffs commandment,
and as servant to the Sheriff, may serve or execute such Warrant
without any Precept by writing. See Br. Fx. Impr. 43. &
Trespass
339. |
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But otherwise if the Sheriff will command another
man (that is a
stranger) to serve it, he must deliver him a Precept in writing; otherwise
a Writ of False Imprisonment will lie for the Arrest. |
|
3 H. 4. 14.
14 H. 7. 9.
b.
20 H. 7. 13.
21 H. 7. 24.
Co. 9. 69. |
A Warrant directed by the Justice of Peace to the
Sheriffs Bailiff, or
to the Constable, or the the Justices servant, or to a stranger, to arrest
one, &c. such person (to whom the Warrant is made) must serve it himself,
for these can command none other to do it neither by word nor
writing, nor make any Deputy. |
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The Officer to whom any Warrant shall be directed
and delivered,
ought with all speed and secresie to seek and find out the party, and then
to execute the said Warrant. |
§. 8.
The Officers
Duty. |
Q q 2
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