| Chap. 170. |
Arrest and Imprisonment.
a private Man. Vide antea tit. Accessaries & Felony, Br.
Fresh Suit 3 &
Plow. 37. a. |
451 |
|
Also if the Constable (or other Officer) shall see
an Affray, and he
coming to arrest them, the Affrayers do flie into another County, the
Officer (as every other private person) may pursue them into the other
County, and may stay or arrest them there; but the Officer cannot bring
them out of that County, but must carry the Affrayers before some Justice
of peace of the same County where they were taken, &c. But if
the
Affray be in one Town, and the Affrayers do flie into another Town, or
into a Franchise or Liberty within the same County, the Officer may
pursue them, and take them out of the Franchise, &c. by Fresh Suit.
Vide
antea tit. Affray. |
|
See 2 E. 4.
6.
Br. Tresp.
296. |
But if the Constable hath arrested one upon a Warrant
from a Justice
of peace, and after the arrest the party escapeth (of his own wrong,)
and flyeth into another County, the Constable may pursue and take him
in the other County by Fresh Suit, and bring him before the Justice of
peace upon whose Warrant he was first arrested, as it seemeth. See
Cromp.
172, 173. & antea tit. Felony by Statute. |
|
|
If a Prisoner taken in Execution shall make an Escape
of his own
wrong, and shall flie out of sight, and into another County, where
the Sheriff hath no power, yet the Sheriff, &c. upon Fresh Suit, may
take him again in any other County, and he shall be still said to be in
Execution; yea, without Fresh Suit, the Sheriff, &c. may take him again,
and keep him until he hath agreed with him: otherwise, if the Escape
were by the consent of the Sheriff, &c. Co. 3. 52.
Br. Escape 4. 12. |
|
3 Jac. c. 10.
P. Pris. 7, 8. |
Now for the conveying of Prisoners to the Gaol,
it must be at the proper
charge of the Prisoners, if they have means or ability thereto; otherwise
it must be at the charge of the Town where they are taken, 21 Jac.
c. 28. & 3 Caroli 4. confirmed. |
§. 11.
Charges. |
|
' And if the Prisoner shall refuse to bear the charge,
the Justice, by
' his Warrant under his Hand and Seal, may cause the High-Constable of
' the Hundred, or Petty-Constable of the Town, where he hath any
' Goods, to sell so much thereof as will satisfie the Charges; and if the
' Prisoner have no Goods known, then the Parishioners of the Town,
' where he was apprehended, refusing to pay their Rate towards that
' Charge, may by like Warrant be distrained to pay the same. Vide
Stat.
3 Jac. cap. 10. |
|
10 H. 4. 7.
F. Esc. 8. |
And if a Man be arrested for Felony, and the Constable
shall carry
him to the Gaol, and the Gaoler will not receive him, the Constable
must bring him back to the Town where he was taken, and
that Town shall be charged with the keeping of him until the next
Gaol-delivery, by the Opinion of the Book 10 H. 4. or the Constable
or other party that arrested him may in such a case keep the Prisoner
in his own House, as it seemeth. See 1 E. 4. Br.
Faux Impris. 25.
fine. |
|
P. Pris. 6.
4 E. 3. c. 10. |
But the Gaoler denying to receive a Felon by the
delivery of any Constable
or Township, or taking any thing for receiving such, shall be punished
for the same by the Justices of Gaol-delivery. |
|
Co. 8. 119.
Plo. 17. b. |
When a Statute doth appoint Imprisonment, but limits
no time when
the Offender shall be imprisoned, then he is to be imprisoned presently;
as in case of a force, the Justices of Peace, upon view thereof,
ought to commit the Offenders presently, for after they may not commit
them. |
§. 12.
The time. |
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