mined, or dangerous wound given, whether with or with 
out malice, or even by mifadventure or felf-defence, in 
any town, or in the lanes or fields thereof, in the day time, 
and the offender el'cape, the town fiiall be amerced, and, if 
out of a town, the hundred fha.ll be amerced. 3 Inf. 53. And 
fince the Hat. of Winchefler, c. 3. which ordains that walled 
towns (hall be kept (hut from fun-fetting to fun-riling; if 
the fa ft happen in any fuch town by night, or by day, and 
the offender efcape, the town (hall be amerced. 3 /»/?. 53 - 
And, as private perfons are bound to apprehend all thofe 
who fiiall be guilty of any of the crimes above-mentioned in 
their view, fo alfo are they, with the utmoft diligence, to 
purfue and endeavour to take all thofe who fiiall be guilty 
thereof out of their view, upon a hue and cry levied a- 
gainft them. 3/ay?. 117. Every private perfon is bound 
to afiift an officer, requiring him*to apprehend a felon. 
As to the nrrefting of offenders by private -perfons of their 
own authority, permitted by law for the prevention of treafon 
or felony only intended to be done ; any one may lay hold 
of a perfon, whom he fees upon the point of committing 
treafon, or felony, or doing an act which would manifefily 
endanger the life of another, and detain him, till it may 
be reafonably prefumed he has changed his purpofe. 2 
Hawk. P. C. c. 12. f. 19. As to arrefts for inferior offences, 
no private perfon can arreft another for a bare breach of 
the peace after it is over; but it is held, that a private 
man may arreft a night-walker, or a common cheat going 
about with falfe dice, and actually caught playing with 
them, in order to have him before a juttice of peace ; and 
the arreft of any other offenders, by private perfons, for 
offences in like manner fcandalous, and prejudicial to the 
public, feems juftifiable. 2 Hawk. P. C. c. 12. f. 20. 
With regard to arrefts by public_ officers, they may be 
made either with or without procefs. Arrefts without 
procefs may be made by watchmen, conftables, bailiffs of 
towns, or juftices of peace. See Stat. Winchejler , c. 4. It 
has been balden, that this ftatute was made in affirmance 
of the common law, and that every private perfon may 
by the common law arreft any fufpicious night-walker, and 
detain him till he give a good account of himfelf. 2 Hawk. 
P. C. c. 13. f. 6. It is the better opinion at this day, that 
any conftable, or even a private perfon, to whom a warrant 
fiiall be directed from a juftice of peace, to arreft a parti¬ 
cular perfon for felony, or any other mifdemeanor within 
his jurifdiftion, may lawfully execute it, whether the per¬ 
fon mentioned in it be, in truth, guilty or innocent; and 
whether lie were before indifted of the fame offence or 
not; and whether any felony were, in truth, committed or 
not: for, however the juftice himfelf may be punifliable 
for granting fuch warrant without fufficient grounds, it 
is reafonable that he alone be anfwerable for it, and not 
the officer, who is not to examine or difpute the reafona- 
blenefs of his proceeding. 2 Hawk. P. C. c. 13. f. 11. 
The doctrine of general warrants (i. e. to apprehend all 
the authors and publifhers of libels, or generally ail per- 
fons fufpefted of any particular crime, without mentioning 
the name of the perfon accufed) feems exploded as illegal. 
See Leach’s Hawk. P.C. ii. c. 13. f. 10; and Wilkes’s cafe. 
But it is to be obferved, that the term general warrant 
nfed by Hawkins, does not feem to mean a warrant, with¬ 
out the name of the party being fpecified, but one alfo 
which does not contain the fpecific charge againft the party. 
See Money v. Leach, and 4 Comm. 291. The great point 
gained by tliefe determinations, was the refeuing perfons 
from the malice or ignorance of the inferior minifters ot 
juftice. With regard to arrefts by bailiffs of towns , their 
power is founded on the above-mentioned ftatute of Win- 
chefter, c. 4. And, as to arrefts by jufices of peace, arrefts 
by their command are either by word of mouth or by war¬ 
rant. A juftice of peace may, by word of mouth, autho- 
rife any one to arreft another, who (hall be guilty of an 
aftual breach of the peace in his prefence, or fiiall be en¬ 
gaged in a riot in his abfence. 2 Hawk. P. C. c. 13. f. 14. 
Dalt.c. 117. And a juftice of peace may lawfully grant a 
warrant for apprehending or arrefting perfons charged with 
E S T. 
treafon, felony, premunire, or any other offence againft the 
peace.; and generally, wherever a ftatufe gives one or more 
juftices of peace a jurifdiftion over any offence, any one 
juftice of peace may, by his warrant, caufe fuch offenders 
to be arretted and brought before him. 2 Hawk. P.C. c. 13. 
f. 15. But it is faid, that anciently no one juftice of peace 
could legally make out a warrant for an offence againft a 
penal ftatute, or other mifdemeanor ; cognizable only by a 
feffions of two or more juftices; for that one (ingle juftice 
of peace hath no jurifdiftion of fuch offence, and regu¬ 
larly thofe only who have jurifdiftion over a caufe can 
award procefs concerning it. Yet the long, conftant, uni- 
verfal, and uncontrolled, praftice of juftices of peace feems 
to have altered the law in this particular, and to have gi¬ 
ven them an authority in relation to fuch arrefts, not now 
to be difputed. Id. f. 16. 
A juftice of peace may juftify the granting a warrant for 
the arreft of any perfon upon ftrong grounds of fufpicion 
of felony, or mifdemeanor; but he feems to be puni(liable, 
as well at the fuit of the king as of the party grieved, if 
he grant any fuch warrant groundlefsly, or malicioufly, 
without fuch a probable caufe as might induce a candid 
and impartial man to fufpeffc the party to be guilty. Id. f.18. 
Every warrant ought to be under the hand and feal of the 
juftice of peace, and fpecify the day it was made out: if 
it be for the peace or good behaviour, it is advifable to fet 
forth the fpecial caufe upon which it is granted ; but if it 
be for treafon or felony, or other offences of an enormous 
nature, it is faid that it is not neceflary to fet forth the 
fpecial caufe, And it feems to be rather diferetionary than 
neceflary to fet it forth in any cafe. Id. f. 21 - 25. The war¬ 
rant may be directed to the (lteriff, bailiff, conftable, or to 
any indifferent perfon by name, who is no officer; for, tho* 
the juftice may authorife any one to be his officer, whom 
he pleafes to make fuch, yet it is ntoft advifable to direft 
to the conftable of the precinft wherein it is to be execu¬ 
ted ; for that no other conftable, and a fortiori no private 
perfon, is compellable to ferve it. Id.I. 27. 
A bailiff or conftable, if they be fworn, and commonly 
known to be officers, and aft within their own precinfts, 
need not (hew their warrant to the party, notwithftanding 
he demand the fight of it; but that thefe and all other 
perfons whatfoever making an arreft, ought to acquaint 
the party with the fubftance of their warrant; and all pri¬ 
vate perfons to whom fuch warrants fiiall be directed, and 
even officers, if they be not fworn and commonly known, 
and even thefe, if they aft out of their own precinfts, 
muft fhew their warrants, if demanded. Id. f. 28. And 
therefore flat. 27 Geo. If. c. 20. provides, that in all cafes 
w here a juftice is empowered by ftatute to iffue a warrant 
of diftrefs for levying a penalty, the officer executing fuch 
warrant, if required, (hall (hew the fame to the defendant, 
and fuffer a copy to be taken. The (lieriff, having fuch 
warrant direfted to him, may authorife others to execute 
it; but every other perfon, to whom it is direfted, mitft 
perfonally execute it; yet, it feems, that any one may 
lawfully ajjifl him. Id. f. 29. After presentment or indift- 
ment found in felony, &c. the firft procefs is a capias, to 
arreft and imprifon the offender: and, if the offender can¬ 
not be taken, an exigent is awarded in order to outlawry,. 
Hawk. P.C. 209. See Debtor. 
Arrest of Judgment. To move in arref ofjudg~ 
ment, is to lhew caufe why judgment ftiould be (laid, not¬ 
withftanding verdift given. Judgment may be arrefted 
for good caufe in criminal cafes, as well as civil; if the 
indictment be infufficient, &c. 3 Inf. 210. Arrefts of judg¬ 
ment arife from intrinfic caufes appearing upon the face 
of the record ; for a judgment can never be arrefted but 
for that which appears on the face of the record itfelf. Ld. 
Raym. 232. Motions in arreft of judgment may be made 
at any time before judgment figned. Doug/. 747. Sir. 845. 
Sunday is no day, 4 Barr. 21,30. nor & dies non. It is a. 
rule to (hew caufe, therefore needs no'notice to be given, 
nor yet an affidavit to ground it on, as it arifes out of the 
record; and, after judgment upon demurrer, there can be 
