The Office of Constable; Comprising the Laws Relating to High, Petty, and Special Constables, Headboroughs, Tithingmen, Borsholders, and Watchmen, with an Account of Their Institution and Appointment (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1840 Excerpt: ...municipalities. 174. The secretaries of state as such have np authority to grant warrants as justices of the peace. T 66 1 l75- A constable is justified in arresting a person or L 'detaining him in custody for further examination, in the presence of a justice by his verbal warrant, although no charge is made known to the constable; but if the justice be not present the constable is not justified in arresting the person, or in distraining, searching for, or taking possession of goods without a warrant in writing under the hand and seal of a justice, which he must have with him at the time he executes it; for if he executed the warrant without having it in his possession at the time he is guilty of a trespass, although it had been made out before he executed it, and was afterwards delivered to him. 176. To justify a constable, the warrant must be made by a justice of the peace, or one having similar authority, at the time of granting it, and this ought to appear on the face of it; and the warrant is no protection to the constable if it command to do a thing concerning which it is evident that the justice has no jurisdiction. 177. If the warrant clearly direct the constable to execute it in a particular place, it is not incumbent on him to ascertain whether the justice who granted it has jurisdiction in that place; but if a warrant issued by a justice of the county at large have the name of the county in the margin, and direct the execution to be in a certain parish, one part of which lies within the jurisdiction of the county justices, and the other part within an exclusive franchise where they have no jurisr-l diction, this cannot be considered a direction to the. J officer to execute it in the part of the parish which is within the exclusive franchise, ...