Chapter XIII: Act 1677: ); but it may be made in the night as well as in the day
II. _In Criminal Cases._--All persons whatsoever are, without distinction, equally liable to this arrest, and any man may arrest without warrant or precept, and outer doors may be broken open for that purpose. The arrest may be made,--1st, by warrant; 2nd, by an officer without warrant; 3rd, by a private person without warrant; or, 4th, by a hue and cry.
1. Warrants are ordinarily granted by justices of the peace on information or complaint in writing and upon oath, and they must be indorsed when it is intended they should be executed in another county by a magistrate of that county (see Indictable Offences Act 1848). A warrant issued by a metropolitan police magistrate can be executed anywhere by a metropolitan police officer. Warrants are also granted in cases of treason or other offence affecting the government by the privy council, or one of the secretaries of state, and also by the chief or other justice of the court of king's bench (_bench-warrant_) in cases of felony, misdemeanour or indictment found, or criminal information granted in that court. Every warrant ought to specify the offence charged, the authority under which the arrest is to be made, the person who is to execute it and the person who is to be arrested. A warrant remains in force till executed or discharged by order of a court. An officer may break open doors in order to execute a warrant in cases of treason, felony or indictable offences, provided that, on demand, admittance cannot otherwise be obtained. (See WARRANT.)
2. The officers who may arrest without warrant are,--justices of the peace, for felony or breach of the peace committed in their presence; the sheriff and the coroner in their county, for felony; constables, for treason, felony or breach of the peace committed in their view,--and within the metropolitan police district they have even larger powers (Metropolitan Police Acts 1829-1895).
3. A private person is bound to arrest for a felony committed in his presence, under penalty of fine and imprisonment. By the Prevention of Offences Act 1851, a private person is allowed to arrest any one whom he finds committing an indictable offence by night, and under the Malicious Damage Act 1861, any person committing an offence against that act may be arrested without warrant by the owner of the property damaged, or his servants, or persons authorized by him. So, too, by the Coinage Offences
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Encyclopaedia Britannica, 11th Edition, "Armour Plates" to "Arundel, Earls of"Chapter XIII: Act 1677: ); but it may be made in the night as well as in the day
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