| Chap. 170.
Co. 9. 63. b. |
Arrest and Imprisonment.
Night-walkers, being strangers or suspected person,
Watchmen may
arrest them, and may stay them till the morning, &c. See hereof
tit.
Watch antea. Yea, every man may arrest such Night-walkers, for
it is
for the good of the Kingdom. 4 H. 7. 18. Br. Fx.
Impr. 15. See the Statute
of Winch. 13 E. 1. & 4 H. 7. f. 2. &
5 H. 7. f. 5. a. |
449 |
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But in all these cases before, where a private man
shall arrest another,
he ought thereupon to commit the prisoner to the Gaol, or to carry
and deliver him to the Constable, or to some other Officer, &c.
See 20
E. 4. 4. Finch 127. |
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The Sheriff, Bailiff, Constables and other Kings
Officers may arrest
and imprison Offenders in all cases where a private person may, and without
any Writ or Warrant. |
officer. |
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Where a Constable may arrest one, &c.
See hereof antea, tit. Conservators
of the Peace, Affray, Forcible Entry, and Examination. |
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A Constable being informed of a lewd Man and Woman
that are together
in Incontinency, may taken with him so many of his Neighbours
as he will arrest the said Man and Woman, to find Sureties for their
Good Behaviour. 1 H. 7. 7. 13 H. 7. 10. |
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If ant Man makes an Assault upon the Constable,
he may justifie to arrest
him that makes the Assault, and to carry him to the Gaol for the
breach of the Peace, although the Constable be the party upon whom
the Assault was made, 5 H. 7. 6. Br. Fx. Im. 41. |
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The Justice of Peace may arrest and imprison Offenders
in all cases
where a private Man may. See hic antea. |
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The Justice of Peace (upon his own motion and discretion,
or upon
complaint) may also grant out his Warrant for the arresting (or convening
before him) of all such persons as shall break, or go about to break
the Peace, or as he shall suspect to be inclined to break the Peace,
and
may commit them to prison, if they shall refuse to find, or cannot find
Sureties for to keep the Peace. |
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The Justice of Peace (in divers cases) may in like
sort grant out his
Warrant for the Good Behaviour against Offenders, (as you may see before)
and commit them to prison for not finding Sureties accordingly. |
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And these things the Justice of Peace may do by
force of the Commission,
and of the Statutes 13 E. 3. c. 2. & 34 E. 3.
c. 1. |
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If one cometh before the Justice of Peace upon his
Warrant for the
Peace, Good Behaviour, or for a Riot, or the like, the Justice needeth
not to demand Sureties of him, but may commit him if he do not offer
it. Br. Peace 7. |
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Also the Justices of Peace upon their own view,
&c. of the Offence,
may imprison the Offender against divers penal Laws; as namely such as
keep common Ale-houses without Licence, Offenders or unlawful Games,
Rioters, such as shall make any Forcible Entries or Holdings of Possessions,
&c. See for these before under their particular Titles. |
§. 18. |
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There be divers other Officers which by the Statute
are committed to
the Justices of Peace (out of their Sessions) to hear and determine, and
of which the Offenders shall be convicted, sometimes upon their own
Confession before the Justices, and sometimes upon examination and
proof of witnesses; in all which cases the said Justices of Peace may convene
the said Offenders before them (by their Process or Warrant,) and
after such examination and conviction, they may imprison or otherwise
punish the Offenders, according as they are limited by the said Statutes.
See before. |
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