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Warrants.
A sworn and known Officer (be he Sheriff, Undersheriff,
Bailiff, or
Constable, &c.) needs not o shew his Warrant to a man whom he cometh
to serve it upon, although he demandeth it: But if the Justice will
direct
his Warrant to his servant or to another (who is no sworn Officer) to
serve it, they must shew their Warrant to the party if he demand it, or
otherwise the party may make resistance, and needs not to obey it.
Br.
Fx. Impr. 23. |
Chap. 169. |
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But a sworn and known Officer, if he will not shew
his Warrant to the
party, yet he ought (upon the Arrest) to declare the Contents of his
Warrant, &c. |
Co. 6. 54.
& 9. 68. |
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And an Officer giveth sufficient notice what he
is, when he saith to the
party, I arrest you in the Kings name, &c. and in such case
the party at
his peril ought to obey him, though he knoweth him not to be an Officer;
and if he have no lawful Warrant, the party grieved may have his
Action of False Imprisonment against him. |
Co. 9. 69. |
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If an Officer do arrest a man for the Peace, or
the like, before that he
hath any Warrant, (or other Process) granted out against one
of them, another of them is arrested, an Action of False Imprisonment
will not lie against the Officer for this; for the Officer is not bound
at
his peril to take notice which of them is the Offender, &c. And
perhaps
no particular Offence is mentioned in the Warrant. Tamen vide
L. 5 E. 4. fol. 51. & 48. pro & contra, &
11 H. 4. fol. 90. contra. Ideo
quære. |
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Where a Warrant is granted out against I. N.
the Son of` W. N. and
the Officer thereupon arresteth I. N. the Son of T. N. although
in truth
he be the same person that offended, and against whom the Complaint
was made, yet this Arrest is tortious, and the Officer subject to an Action
of False Imprisonment. See the like matter, 10 E. 4. f.
12. Br. Faux
Imp. 38. |
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The Officer, upon any Warrant from a Justice of
Peace for the Peace,
or good Behaviour or in any other case where the King is a Party, may
by force break open a mans house, to arrest the Offender, &c.
See hereof
antea, in the former title, Forcible Entry. |
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§. 9.
How to be
executed. |
If any Officer or other person hath arrested a Man
by virtue of his
Warrant, which he hath from a Justice of Peace, and then taketh his
promise that he will come again to him such a day, to go to the Justice
with him according to his Warrant, (and so letteth the party go) who
comes not again at the day appointed, it seemeth the Officer cannot after
arrest or take him again by force of his Warrant; for that this
was by the consent of the Officer: But if the party arrested had
escaped
(of his own wrong) without the consent of the Officer, now upon fresh
sute the Officer may take him again and again, so often as he escapeth,
athough he were out of view, or that he shall fly into another Town or
County. See more postea, tit. Imprisonment, & L. 5 E.
4. fol. 12. Br.
Faux Imp. 18. |
See Cro.
214. a. &
148.
Co. 144. 58. |
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Where an Officer hath received a Warrant, he is
bound to pursue the
effect of his Warrant in every behalf, or otherwise his Warrant will not
excuse him of that which he hath done. See antea, tit. Surety
for the
Peace. |
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