xt747d2q5g21 https://exploreuk.uky.edu/dips/xt747d2q5g21/data/mets.xml Humphreys, Charles, 1775-1830. 1813 books b92-158-29919255 English Printed by Thomas T. Skillman, : Lexington, Ky. : Contact the Special Collections Research Center for information regarding rights and use of this collection. Constables Law and legislation Kentucky. Constables Law and legislation Virginia. Constable's guide : containing a compilation of the statutes of Virginia & Kentucky : and so much of the statutes & common law of England as remains in force in Kentucky, relating to the office of constable : with a table of magistrates & consnstables fees / by Charles Humphreys. text Constable's guide : containing a compilation of the statutes of Virginia & Kentucky : and so much of the statutes & common law of England as remains in force in Kentucky, relating to the office of constable : with a table of magistrates & consnstables fees / by Charles Humphreys. 1813 2019 true xt747d2q5g21 section xt747d2q5g21

CONSTABLS GUIJDE,

CONTAINING

A COMPILATION OF THE

STATUTES OF VIRGINIA 4 KENTUCKY,

AND SO MUCH OF THE

STQIITUTES COMMOX LAW OF EXGL1JZXD

18 remains in force in Kentucky, relating to the
Office of Constable.

WITH A TABLE OF

MAGISTRATES 8 CONSTABLES FEES.

BY CHEIRLES HUMPIIIREYS.

LEXINGTON, Ky.

Printed by Thomas 7. Skillman.

1813.

This page in the original text is blank.

CONSTABLES GUIDE.

THIS WORK WILL BE FOUND USEFUL TO

JUSTICES,

SHERIFFS,

CONSTABLES,

4nd also all other persons who wvish to know
when these officers are in the dis-

charge of their duty.

This page in the original text is blank.

A TABLE

OF SOME OF THE PRINCIPAL MATTERS.

ircface.
History of Constables Office.
Common Law in force rela-
lative
to Preserving the Peace.
Prosecuting Offenders.
-General duties of Con-
stables in mak ing Present-
ments.
Executing Warrants.
- Making Arrests.
- The consequences of as-
saulting an Officer.
- Entering Houses.
- Imprisonment.
- Breaking open Houses.
- Search Warrants.
- The qualifications of
Constables.
- Theirremoval from Of-
fice.
- Qualifications of Jurors.
- Rescous.

Provisions of the Constitu-
tion, and Acts of Assem-
bly, relative to Constables
appointment, power and
duty.
To Fee Bills.
-- Jury to try the right
of property-.
-- Riots, Routs, and Un.
lawful Assemblies.
- Executions.
Privileges of Witnesses
and Voters.
Qualifications of Jurors.
- Attachments.
The Act enlarging the juris.
diction.
Table of Fees.

This page in the original text is blank.

PREFACE.

IN consequence of the late extension of the jurisdic.
tion of the Magistrates, in civil cases, the authority of the
Constable, also, is enlarged; and that officer who previ-
ously had more weight in society than was well knowh,
has now become so important as to merit the attention of
the community at large.
The chief object of the following compilation is to
furnish a guide to Constables; many of whom necessarily
are ignorant of the duties of the office; more particularly
when they are first appointed. And they have not the
means of acquiring the requisite information without hav-
ing recourse to extensive law libraries-as there is no
work extant in which the law on this subject is collect-
ed together. The reason of this max be, that in England
it was not thought safe to trust Constables with a knowl-
edge of their powers. And in Virginia, whence the laws
of this country were first borrowed, the power of a Con-
stable was much more limited than it is now here. As
the writer of this cannot concur in the notion that men
should be vested with powers, and a knowledge of those
powers be withheld from them for fear they should abuse
them, this work has been undertaken.

'Judge Blackstone observes, vol. 1. p. 355.
"The General duty of all Constables, both high and petty, as
Nvell as of the other officers, is to keep the king's peace in their
several districts; and to that purpose, they are armed with very
large povers, of arresting and imprisoning, of breaking open
houses and the like; of the extent of which powers, considering
iv hat manner of mt'n are for the post part put into these vffi-
Ces, it is parhatpz well that twey are gcncriiiy Ikept in ignorance."

PREFACE.
A work of this kind is not only calculated to be use.
ful to Constables, but in experienced Justices will, also,
most probably, be benefitted by it; inasmuch as the of-
Lice of Constable being particularly connected with, and
dependant on the office of Magistrate, almost every thing
appertaining to the office of Constable, should be known
to Justices of the Peace.
And this work will, perhaps, be found useful to many
others besides officers-all who have any thing to do with
Constables,
Constables clothed "with a little brief authority,"
sometimes abuse the trust reposed in them by their coun-
try, and go beyond their legal 'powers. rhey too often
infringe both the rights of persons and property, but
more particularly in extorting unreasonable fees. In this
work will be found, amongst other things, a table of fees;
so that any one who can read may, by consulting it, de-
tect an imposition in this particular attempted to be prac-
tised by a Constable.
In the execution of the work, an attempt has been
made to bring together the various scraps of the statute,
and common law of England, which remain still in force;
and for greater certainty and satisfaction, reference is had
to the authority, copying the words of the author. And
in digesting the statutary provisions of this country, th
various acts embracing or referring to the office of Con-
stable have been gone over, and such as remain unrepeal-
ed are her_ transcribed verbatim, in every instance
where it could be thought at all necesary. It is possible
and even probable some errors may be discovered here-
after, though considerable labour has been bestowed up-
on the subject in order to insure correctness.

HISTORY OF COVSTABLE8 OFFICE.

THE old writers say that the word Constable, is Sax.
on, and composed of two other words, which signify the
stay or support of the King. The office of Constable
seems to have been appendant on the feodal system, and
was anciently in most of the kingdoms of Europe highly
important and eminently honorable. The grand high
Constable in England was the next person in the realm to
the king. And, indeed, in progress of time, the power
annexed to this office was deemed too great to be held
by the subject, and after the attaint of the duke of Buck-
ingham, lord high Constable, for treason, in the 13th year
of Henry the 8th, this office became forfeited to the crown.
And since that time it has never been granted to any one
but pro hac vice, to be exercised at coronations, c.
The power and jurisdiction of the lord high Consta-
ble was the same with the earl Marshal, and he sat as
judge, having precedence of the earl Marshal in the
marshal's court, and they had several courts under them.
These tribunals had cognizance of all matters of war,
arms, combats, blazons of armory, and contracts touch-
ing these matters. Out of the high Constable's office
were drawn subordinate offices of Constables of hun-
dreds, and of franchises; whose duty was also principally
confined to military affairs. Under these Constables of

Blackstone is of opinion that it is derived from the French.
2

HISTORY OF CONSTBLES OFFICE.
hundreds, by statute and custom, there were created sub.
Constables, for the preservatioe of the public peace, cal.
led parish Constables: these last at she only description
with whom we have any thing to do in Kentucky. See
Bacon's abridgment under the title Constable. 1 vol.
Jacob's Law Dictionary. Bum's Justice.

A CONSTABLES GUIDE.

The Comman and Statutary Laws of
England remaining in force in this
state, on the subject of a Constables
(AFce.

CONSTABLES are to be persons of
honesty, knowledge, and ability-not infants,
lunatics, c. Jacob's Law Dictionary.
As Constables were originally instituted Constables
for the better preservation of the peace, they mTayYn rITS
may, by the common law, arrest felons and all other sus.
suspicious persons that go abroad by night picious per
and sleep by day, or resort to bawdy houses, rants, ac.
or keep suspicious company. Bacon Abr.
Gwi. E. vol. 1. page 687.
They are justifiable in arresting persons Constables
may arrest
directly charged with felony, although it should those char.
turn out afterwards, that no felony had been gedthough
no felony is
committed. Doug. p. 359. 2 Hale's pleas of done.
the crown. 84: 89: 91. 2 Haw. B. 02: C. when noti-
12: and C. 13: 2 Bacon. 687. fied that a
burglary is
If they have notice that a burglary hath conmittyed
been committed it is their duty to pursue the bound to
pursue the
felon immediately: Cro: Eliz: 652. felon.
They ought to present to the grand jury sho'd make
4U offences. Dal. 388. mrents.

[ 12 ]

Constable A Constable is not only empowered, as all
bound at
Isis peril to private persons are, to part an affray in his pre.
endeavour sence, but is bound at his peril to endeavour it,
to part af-
frayers. not only by doing his utmost himself, but, al-
He mayde- so, by demanding the assistance of others,
mand as.
sistance, which they am bound to give him under pain
the citizens of fine and imprisonment. And it is said
bound to o-
bey him. that if he sees persons actually engaged in an
Constables affray, whether the violence were done or of-
may impri- fered to another, or even to himself, or see
gs untflthfe them upon the very point of entering into an
heat of Pa- affray, as where one threatens to beat another,
f1 take thi c. he may carry the offender before a Justice
to justiceof of the peace in order to find sureties for his
the peace. keeping the peace, or may imprison him a rea-
carnot Cina sonable time until the heat be over. But he
init in ally
other man. has no power to commit the offender in any o.
nor- ther manner or for any other purpose, for he
Constable cannot commit him to jail until he shall be
manyd otnay punished: neither ought he to lay hands on
those who those who barely contend with words, without
Larely quar threats or any personal hurt, but all he can do
I-el with
wcrds, but in such a case, is to command them, under
lustj Com- pain of imprisonment, not to fight. Bacon's
P;ace. abr. vol. 1. p. 687.
This has been set down as law in the words
Author's of the author, because no repeal of it in
rt-narls. express terms has been found; yet Consta-
bles should exercise the power of impri-
soning mentioned here with great caution,
and never use it but in extreme cases, lest
it should not turn out to be law at this day..

[ is ]

If a1n affray be in a house the Constable
may break open the doors to preserve the
peacc; and if affirayers fly to a house and the
Constable freshly follow, he may break open
the doors to take them. But he cannot of his
ovwn authority, compel a man to find sureties,
who is delivered into his hands as having bro-
ken the peace in his absence, but ought to
carry him before a Justice of the peace Nei-
ther can he arrest a man for any affiay out of
his view, without a warrant from a Justice of
the peace, unless felony were done or like to
be done.
If a constable see a person expose an in-
fant in the street who refuses to take it away,
he may lawfully apprehend and detain such
erson till he or she shall consent to take care
of it, and so may a private person. 2 Bacon
688. 2 Haw. C. 19.
As a Constable is the proper officer to a
Justice of the peace, he is bound to execute
his warrants. Hence it has been resolved that
where a statute authorises a Justice of the
peace to convict a man of a crime, and to levy
the penalty by warrant of distress without say-
ing to whom such warrant shall be directed,
or by whom it shall be executed, the consta-
ble is the proper officer to serve such warrant,
and indictable for disobeying it.-Bacon's
Abr. vol. 1. p. 689.

Constable
may break
dpen hou-
ses to pre-
serve the
peace.
Cannnot
compel one
to give
surety of
the peace.
cannot ar-
rest a man
for an affray
out of his
presence.

Seeing one
about leav-
ing a child
inthestreet
may detain
them.
same of pri-
vate per-
sons.
a constable
the officer
of a Justice
and when a
Justice is
required to
issue his
warrant the
constable is
the officer
to whom it
should be
directed,
unless oth-
erwise di-
rected by
law.

C 14]

If a warrant be direeted to all Constables,
generally, no one can execute it out of his own
precinct; but if it be directed to a particular
Constable, by name, he may execute it any
where within the jurisdiction of the Justice.-
Lord Raymond, 545.
A sworn Constable, in executing a war_.
rant in his precinct, woed not show it to the
party, though he demand a sight of it; but, in
making an arrest, he ought to acquaint him
with the substance of it.-6. Co. 54. 2 Ba-
con 688.
But if he acts out of his precincts, or is
not commonly known, he must show his war-
rant, it demanded; otherwise the party may
mak resistance, and' need not obey it.-2
raw. 5. 86. Dal. C. 169. 2. B. 688.
But if the Constable ha no warrant, it is
suffieenr to notify that it is inthe name of the
commowalth.-1. H. 583.
Perhaps, in all cases in this country, it would
be safest to show the warrant, though the
law may authoriw a different proceeding.
By the Author.
If a Constable come unto the party and re.
quire him to go before the Justice, this is no
arrest nor imprisonment. Dal. C. 170.
For bae words will not make an arrest,
without laying hold on the person, or othervise
confining him. But if an officer comes into
a room and tells the puty he arrests him, and

a constablo
cannot exe-
cute a war-
rant direc.
ted to all
constables
out of his
precinct; if
to himself
otherwise.

Constable
not obliged
to show his
Sanlt.

But if he
abCts Qut of
his, pre.
-C1nctssmust.
show his
warrant.

All cases
besttoshow
the war-
rant.

Words do
not amonmt
to an ar-
rest.

To make
an arrest
there must
ke a touch.

r is 3

ocks the door, this is an arrest, forhe is ift
custody of the officer. 1 Sal. 79. 2 Raw.
129. Cases in the time of Lord Har. 31.
An unlawful arrest without a Justices war-
rant, cannot be made good by a wrrant taken
out afterwards. Dyer, 244.
If a Constable, after he hath arrested a par-
ty by force of a warrant, sufer him to go at
large on his promise to return again, he cAnnot
by force of the same warrant arrest him again.
But if he return voluntarily into custody, the
Constable may detain him, and bring him be-
fore the Justice, in pursuance of the warrant
2 Bacon, 689. Dal. 117. S Haw. 9.
But if the party arrested d: escape, the oa
ficer upon frinsh pursuit may take him again,
and again, so often as he escapeth, thougtr lie
were out of view, or that he shall fly into ano-
ther town or county. Dal. C. 169. B. A.
689.
A Constable cannot justify an arrest by
force of a wanrant from a Justice of the peace,
which expressly appears ox the face of it to
be for an offence whereof a Justice of the
peace hath no jurisdiction, or to bring the par-
ty before him at a place out of the county for
which he is a Justice. Cro. 147. 148. 2
Strange 1002. 2 Bacon 689.
A general warrant to apprehend all persons
suspected, without naming or particularly des-
cribing any person in special, is illegal and

Ing ot the
person, or
a confine-
Ment.
The war-
rant faer-
ward does
not make
the persons
arrest good
if constable
after arrest
suffer him
to go at
large, he
cannot take
him again;
but he may
Deturn it
custody.

If the psar
ty escape,
the oficer
may take
him agai

If the war
rant shamwi
that the
magistrat.
hal not ju-
risdiction,
the consta,
ble cannot
arrest.

[ 16 ]

A general void for its uncertainty; for it is the duty of
'Warrant to
apprehend of the Magistrate, and ought not to be left to
all offen- the officer to judge of the ground of suspi-
ders with-
out naming cion; and a warrant to apprehend all persons
them bad. guilty of the crime thereon specified is not a
legal warrant, for the point on which its au-
thority depends is a fact to be decided on a
a subsequent trial, namely, whether the per-
son apprehended thereupon be guilty or not.
2 Bacon 689. 4 Bla. Com: 291. 3. B. 1742.
1 Bla. Reports, 562: 2 Str. 307.
A Constable shall keep the peace, appre-

hend felons, rioters, c. and make hue and
cry after felons, and take care that the laws a-
gainst rogues and vagrants be put in force.
He ought to present unlawful games, tippling
and drunkenness, bloodshed, affirays, c. He is
to execute precepts, warrants, c. directed to
him by a Justice of the peace, He should return
all public house keepers who are not licensed,
and all such personsas entertain inmates who are
likely to become chargeable to the county. He
should present night walkers, whores, and
mothers of bastard children, likely to become
chargeable to the county. Also, defects in high
ways, and those who ought to repair them-
all common nuisances in streets and high ways,
bakers who sell bread under weight, forestal-
lers, engrossers, c. Dal. C. 1. p. 8. Ja-
cob's Law Dictionary.

Constable
to keep the
peace-
make hue
and cry af-
ter felons,
prosecute
offenders.
Make pre-
sentments.
Execute
warrants.
Return of-
fenders.
Tavern
keepers.
Vagrants.
Mothers of
bastard
children.
Overseers
of roads.
And all
common
nusances.

[ 17 ]
A Constable may make fresh pursuit into a-
nother county; also, may command all persons to
assist, to prevent a breach of the peace; and
he may justify beating another if assaulted, and
if he happens to be killed doing his duty it
will be taken to be premeditated murder.
Constables may take any person into custody
they see committing a felony. But if it be
out of their sight, as where a person is seized
by another, they may not do it without a war-
rant from a Justice.
A Constable cannot detain a man at his
pleasure, but only stay him to bring him be-
fore a Justice to be examined; and this detain-
er may be for a day without warrant and be
justified. Dal. C. 1. p. 8. Hale's pleas, 135.
If one abuse a Constable, he cannot carry
him to prison there to remain until tried, but
must carry him before a Justice who may
commit him. 2 Danv. 149. Jacob's Law Dic.
tionary.
But it is said by the original power ina Con-
stable he may, fora breach of the peace and some
other misdemeauours less than felony, impris-
on a man; and if an offence be committed for
which a Constable may arrest, he may convey
the offender to the sheriff or jailor. Though
the safest way in all cases is to bring him to a
Justice of the peace, to be bailed or commit.
ted as the case may require. 2 Hale, 88. 89.

Constable
may make
fresh pur-
suit into a-
nother
county.
May jus.
tify beating
another
if assaulted
and if kil-
led it is
murder.
May take
any one in
custody
they see of-
fending.
Not so if
out of their
sight.
May de-
tain offen-
ders a short
time with,
out a war-
rant.
Cannot
commit to
jail.

Must bring
him before
a Justice of
the peace.

r 18 J
Must exc- The Constable's office being ministerial
precepts and relative to the Justices of the peace, their
from a Jus- precepts ought to be executed by him, or on
peace. default he may be indicted and fined. 2 Hale
88. 89.
Not obli- If a warrant be dirrected to a Constable
ged to go by name, to execute out of his own parish or
outC of his precinct, he may execute it, but he is not obli-
ged to do it. 1 Salk. p. 175. 3 Salk. 99.
It is at the election of the Constable to-
stable may carry an offender before any other Justice than
convey the him who issued the warrant, if the -warrant be
iffenderbe- not specified to bring the offender before the
fore any ntseiidt rn
Justice he Justice that granted it. 5. R. 59. Jacob's Law
tpheiks pro- Dictionary, under title of Constable.
A Constable is not obliged to return a Jus-
Constable tices warrant to the Justice, but may keep the
not obliged
to return a same for his justification in case he should be
Justices questioned for acting; but he may give the
warrant to
Justice. Justice an account of what he hath done upon
it. 2 Lord Raymond, 1196..
Here it may be necessary to observe that the
above applies exclusively to criminal eases,
-under our act of Assembly, the officer is
Best in all expressly directed to return all warrants,
cases to rh- attachments, c. in 30 days, and as Magis-
warrant trates courts are by our lawvs made courts
leave itwith
the justice. of record, which they were not in Lord
Raymond's time, perhaps in all cases the
officer should not only return the warrant-

E 19'

to the Justice, but suffer it to remain in
his hands, from whence copies canl be had
in case of necessity.
Constables may stop such persons as go
or ride unlawfully armed to the terror of the
people, may take away their arms and carry
them before a Justice. Dal. 358.
Constables with others summoned by them
may enter bawdy houses, and arrest persons
committing a breach of the peace. Sta. X3
year. Hen. 7.
A Constable permitting or aiding a felon
to escape before arrested, is guilty of a misde-
meanor, for which he may be fined and in-
prisoned-and if he be actually in custody, and
then he voluntary permit him to escape, it is
felony in the Constable; but if the escape be
involuntary it is only finable. He may put a
felon in the stocks and lock him in, or put
irons upon him, or pinion him, to prevent an
escape. Dal. 272.
A Constable may discharge any person ar-
rested on suspicion of felony, where no felony
has been committed. Dal. 272. Cro. Eliza.
202. 752.
A Constable may ex-officio apprehend fel-
ons, and may call other persons to assist him.
He may break open a house to take a felon.
If he fly the Constable must make an inven-
tory of his goods, make hue and cry after
him, c. Dal. 289. 344. 27. Eliz. C 13.

May stop
persons
who put the
citizens in
terror.
May enter
bawdy hou-
ses and ar-
rest per-
sons com-
mitting
breaches of
the peace.
A constable
permitting
felon to es-
cape, guil-
ty of mis-
demeanor
when not in
custody.
If arrested
felony.
If involun-
tary, mis-
demeanor.
Mav con
fine a felon
to prevent
escape.
May dis-
charge
W;v'; no
felony com-
mitted.
May ex-of-
ficio appre.
head.
Make an
in ventory
of estate.

E 20 3
General Upon a general warrant without expres-
warrant
bad. sing a particular felony or treason, a Consta-
ble cannot lawfully break open a house.
Cannot In a civil suit, the officer cannot justify
break oUt- the breaking open an outward door or win-
side door ino
civil case. dow in order to execute process; if he doth he
is a trespasser-but if he findeth the outer
MIay break door open and entereth that way, or if the door
inner door. be opened to him from within and he entereth
he may break open inward doors if he findeth
that necessary, in order to execute his process.
Fos. 319.
In such case, if the officer broke open the
Breadking outer door and entered in, it was -a trespass, but
trespass. after he was in, if he took the goods or broke
open. a trunk or inner door, the taking of the
goods is good.-Cowper's Reports p. 1. See
Lee vs. Gansell-Swain's case in 5 Co. That
breaking open the outer door was a trespass,
Taking the but taking away the goods was lawful.
goods law-
fui. The reason given by Lord Mansell in
Gansell's case is this The law forbids the
breaking the outer door or window of a man's
house, because it would leave the family with-
in exposed to thieves and robbers; and thus
Leaves the produce fatal consequences, and it is much
posed. better that you should wait for another oppor-.
tunity than to do an act of violence which may
probably be attended with such dangerous con-
sequences. Cowper Re. p. 6.

21 ]

Again Burn savs:-That a man's house Man's
is his Castle for safety and repose, for himself hoste his
and family; but if a stranger who is not of the but not for
family upon pursuit, taketh refuge in the house a stranger.
of another, this rule doth not extend to him.
It is not his castle, he cannot claim the benefit
tfa sanctuary therein. Fos. 319.
And it is, also, to be remembered that this
rule is to be confined to the case of arrest upon pro- confined to
civil ca-
cess in civil suits only. For where a felony hath ses.
been committed, or a dangerous wound given,
or even where a minister ofjustice cometh arm- Criminal
cases, the
ed with process, founded on a breach of the officer may
peace, the party's own house is no sanctuary break tho
for him in these cases. The justice which is
due to the public must supersede every pre-
tence of private inconvenience. Fos. 320. If an offi-
Finally, in all cases, if an officer, to serve cer be con-
fined, may
a warrant, enters a house, the doors being break out.
open, and then the doors are locked upon him,
he may break them open, in order to regain
his liberty. 2 Haw. 87.
But if such person, either upon the attempt
to arrest, or after the arrest, assault the officer, If one as-
sault an of-
to the intent to make his escape from him, and ficer, ai
the officer, standing upon his guard, kills him, thie officer,
in his owa
this is no felony; for he is not bound to go defence,
back to the wall, as in common cases of de- kill him, it
is not fel.
fence, for the law is his protection. 2 H. H. ony.
118.

constables Constables are to apprehend persons en.
to appre-
hend gdam- gaged in unlawful gaming, and carry them
blers. before a Justice of the Peace. And Consta-
bles neglecting their duty herein, forfeit forty'
shillings. 33 H. 8. C. 9.
If Jailors refuse to receive a felon, the Con-
Constable
may secure stable may secure the prisoner in his house,
felons. or carry him back to the place where appre-
hended. 10 Hen. 4. Dal. 340. 3 Jr. 1 C. 12.
constables Constables are to make hue and cry after
to make
hue and. offenders, where a felony has been committed.
cry. 3 Edw. 2 Ch. 6 p. 27 Eliz. c. 13.

constables A Constable is, on complaint, to cause an,
to make in- indictment to be made against inn-keepers, for
dictmnent.
against inn refusing to lodge a traveller, or to provide hinix
keepers.. victuals, c. who offers topay for thesame. Sta.
tute I year. Ja. 1. c. 9. and Wood's In't.
To whip Robbers of orchards to be whipped, by
robbers of order of Justice, by the Constable of place9
orchards.
May corn- See 43 Eliz. Ch. 7. 9.t
pel persons Constables may command and compel
infected
with tCie persons infected with the plague to keep with.
plague to in their houses. 1 Jas. 1 Ch. 31.
stay in
their hous- At the Grand Jury Court, they are to pre.
es. sent all offences against the peace, c. be-
all offen- longing to their offices. 43. Eliz. ch. 2.
Ces- If a Constable doth not his duty, he may-
constables
liable to be be indicted and fined; and, on the other hand,
lined. he is protected if lhe doth his dtity. Ba. Abr.

Perhaps the penalty of 40 shillings may not be
considered in force at this day.
tThere is some doubt whether this remains in force.

[23 ]

It is the Constable's duty to prosecute all To prose-
P cute offen-
who buy and sell by false weights and measures. ders.
8. H. 6. C. 5.
If a Constable is assaulted in the execu- Constable
may kill
tion of his office, he need not go back to the without
wall, as a private person ought to do; and if tgoig btach
in striving together, the Constable kills the as-
sailant, it is no felony: but if the Constable is but ifhe be
killed it is
killed, it shall be construed pre-meditated felony.
murder. Hae's Pleas Crown. 37. 1 H. H.
457. In moving
against
In removing Constables from office, he Constable,
he must
must have notice of the charge against him, have no-
and of the time and place of trial.. See Dalton, tice.
c. 28. Arrest in
An arrest in the night is good, both- it the the night is
suit of the king, (in this country the common- good.
wealth) or of the subject, else the party may
escape.
Law process is not to be served on Sun-
day, except in treason or felony, and escapes. Sund,
Jacob's Law Dictionary. This is by a statute
of Ch. and a similar statute was passed in Vir-
ginia, which will appear hereafter.
Jurymen are to be freemen, indiffirent, not
outlawved, nor infamous-Aliens, and men at- Qualifica-
taintcd of an) crime, ought not to serve oN tions ofju-
rymen.
juries-Infants, persons seventy years of age, As it com-
clergymen, apothecaries, are exempted by law Smn statutw.
from serving on juries. 3 Ju. 221. 2 Ju. 447. page.

[- 24 ]
General A gencral warrant to search all suspected
warrant not
good. places for felons or stolen gcods, is not good.
H. PI. 93. Burn's Jus.
A warrant M- Mr. Hawkins sa s, I do not find any good
to search authority that a Justice can justify sending a
2.ll sus- ac l upce oie
pected pla- general warrant to search all suspected houses
ces no in general for stolen goods: because it seeni-i
more or to be illegal in the very face of it, for it would
better than
a blank be extremely hard to leave it to the discretion
warrant. of a common officer to arrest what persons and
search what houses he may think fit: and if a
Justice cannot legally grant a blank warrant
for the arrest of a single person, leaving it to
the party to fill up, surely he cannot grant such
warrant, which might have the effect of a hun-
dred blank warrants. 2 H. 82, 84.
On corm- But, on complaint, and oath made of coods
plaint Of b
felony, and stolen, and that the party suspects the goods
place nam- are in such a house, and shews the cause of
ed, warrant
grantable. his suspicion, the Justice may grant a warrant
to search in those suspected places, mentioned
tach the in his warrant, and to attach the goods and the
goods and party in vhose custody they are found, and
party. bring them before him or some other Justice,
to give an account how he came by them, and,
further, to abide such order as to law shall ap.
pertain. 2 H. H. 113. 159.
But in that case, lord Hale says, it is con-
Search to venient that such warrant do require the search
be made Min to be made in the day time. And, though I
day time, n
generally, will not affirm, says he, that. they arc unlawful