Arrests by persons without warrant, may be executed by a justice of the peace, who may apprehend, or cause to be apprehended, by word only, any person committing a felony or breach of the peace in his presence; or by a sheriff, or by the coroner, who may apprehend any felon in the county without warrant; or by the constable, who may without warrant, arrest any one for a breach of the peace, and carry him before a justice of the peace; and in case of felony actually committed, or a dangerous wounding whereby felony is like to ensue, he may upon probable suspicion, arrest the felon, and for that purpose is authorised (as upon a justice's warrant) to break open doors, and even to kill the felon if he cannot otherwise be taken; and if he or his assistants be killed in attempting such arrest, it is murder in all concerned.

Upon a capias from the superior court, grounded on an indictment for any crime whatsoever, or from the county court, or upon a capias to compel a man to find sureties for the peace or good behaviour, or where one known to have committed a felony or treason, or to have given another a dangerous wound, is pursued, either with or without warrant, or whereupon a warrant for probable cause of suspicion of felony, if upon demand he will not surrender himself, or upon a warrant from a justice to find sureties for the peace or good behaviour, or where an affray is made in a house, or there be disorderly drinking or noise in a house at an unseasonable time of night, or where a party lawfully arrested escapes, it being first signified to those in the house what is the cause of his coming, and having requested admittance, doors may be broken open by the officer. So also if an officer to serve a warrant, enters into a house the doors being open, and then the doors are locked upon him, he may break them open to regain his liberty; or upon a capias for a fine, or upon the warrant of a justice for the levying a forfeiture, in execution of a judgment grounded on any statute or act of assembly, giving the whole or part of the forfeiture to the state, authorising the justice to give such judgment; or where a forcible entry and detainer is found by inquisition before justices or appears upon their view, or where those who have made an affray on the person of a constable fly to a house and are immediately pursued by him, and he is not suffered to enter in order to apprebend the affrayers.

Any private person, and much more so a peace officer, that is present when any felony is committed, is bound by the law to arrest the felon, on pain of fine and imprisonment if he

escapes through the negligence of the standers by; and they may justify breaking open doors upon following such felon; and if they kill him, provided he cannot otherwise be taken, it is justifiable; though if they are killed in endeavoring to make such, arrest, it is murder. Upon probable suspicion also, a private person may arrest the felon, or other person so suspected, but he cannot justify breaking open doors to do it: and if either party kill the other in the attempt, it is manslaughter, and no more.

Arrests may be made on Sunday for treason, felony, riot, rescons, breach of the peace, or escape out of prison or custody. Act 1777, c. 8, § 6.

The warrant of a justice of the peace is not returnable at any particular time, but continues in force until it is fully executed and obeyed, though it be seven years, provided the justice lives so long.-Peake's N. P. 234.

For any crime or offence against the United States, any justice of the peace may issue his warrant against the offender in the usual mode, and cause him to be arrested, and imprisoned or bailed, the case may be, for trial before such court of the United States as shall have cognizance of the offence: but if the punishment be death, the justice has no authority to bail. Laws U. S. vol. 1, p. 72.

ARREST by Hue snd Cry-See Hue and Cry.

ARSON.

Maliciously and voluntarily burning the house of another, by night or by day, is felony at the common law; but if it be done by mischance or negligence, it is no felony.

Yet if a man maliciously intending only to burn one person's house, happens thereby to burn the house of another, he may be indicted as having maliciously burned the house of the other.

Neither a bare intention to burn a house, nor even an actual attempt to do it by putting fire to a part of a house will amount to felony, if no part of it be burned; but if any part of the house be burnt, the offender is guilty of felony, notwithstanding the fire afterwards be extinguished, or go out of itself.

Not only a mansion house, and the principal parts thereof, but also any other house and the out buildings, as barns and

stables adjoining thereto; and also barns full of corn, whether they be adjoining to any house or not, and stacks of corn, are so far secured by law, that the malicious burning of them is a capital felony at common law, both in the principal and the accessory before the fact.

A person seised in fee, or but possessed for years, of a house standing by itself at a distance from all others, cannot commit felony in burning the same. Neither is it felony for a man so seised or possessed of a house in a town, to burn his own with an intent to burn his neighbor's, but in the event burns only his own; but it is certainly au offence highly punishable, in regard of the malice thereof, and the great danger to the public which attends it; and the offender may be severely fined and imprisoned and set on the pillory and bound to his good behaviour.

If a landlord or reversioner sets fire to his own house of which another is in possession under a lease from himself or from those whose estate he hath, it is arson; for during the lease the house is the property of the tenant.

ASSAULT AND BATTERY..

Assault is an attempt or offer to beat another without touch ing him as if one lift up his cane or fist in a threatening manner at another, or strikes at him but misses him, or presenting a gun at him at such a distance as the gun will carry, or pointing a pitch-fork at him standing within the reach of it.

Battery is the unlawful beating another. The least touching of another's person wilfully or in anger, is a battery; every man's person being sacred, and no other having a right to meddle with it in the slightest manner. A battery is in some cases justifiable, as where one who has authority, as a parent or master, gives moderate correction to his child, his scholar, or his apprentice. So also on the principle of self-defence; for if one strikes me first, or even assaults me, I may strike in my own defence. So likewise in defence of my goods or my possession, if a man endeavors to deprive me of them, I may lay hands upon him to prevent him; and if he persists with violence, I may proceed to beat him away.-Likewise if a person comes into my house and will not go out, I may lay hold of him and turn him out.

These are breaches of the peace, ment, and a damage to the citizens.

an affront to the governThey are indictable and

punishable by fine and imprisonment in the county court, or with other ignominious corporal punishment, where they are committed with any atrocious design, as in case of an assault with intent to murder, or to commit a rape, or the crime against nature; which latter species of assault should be prosecuted in the superior court. And herein, besides fine and imprisonment, it is usual to award judgment to the pillory.

ASSEMBLY-See Elections, Members of Assembly.

ATTACHMENTS.

Attachments are of two kinds. 1st, An attachment is a process from a court of record, awarded by the justices at their discretion, on a bare suggestion, or on their own knowledge; and is properly grantable in cases of contempts, against which all courts of record may proceed in a summary manner. Jac. Law. Dict.

The most remarkable instances of contempts seem reducible to the following heads:-1st, Contempts of the state writs; 2d, contempts in the face of a court; 3d, contemptuous words or writing concerning the court; 4th, contempts of the rules or awards of the court: 5th, abuse of the process of the courts; 6th, forgeries of writs and other deceits tending to impose on the court.-2 Hawk. P. C. c. 22, § 33

If the contempt be committed in the face of the court, the offender may be instantly apprehended and imprisoned, at the discretion of the justices, without any farther proof or examination. But in matters that arise at a distance, and of which the court cannot have so perfect a knowledge, unless by the confession of the party, or the testimony of others, if the justices upon affidavit, see sufficient ground to suspect that a contempt has been committed, they either make a rule on the suspected party to show cause why an attachment should not issue against him, or in very flagrant instances of contempt, the attachment issues in the first instance, as it also. does if no sufficient cause be shown to discharge; and thereupon the court confirms and makes absolute the original rule.4 Blac. Com. 287.

This process of attachment is merely intended to bring the party into court; and when there, he must either stand committed or put inbail, in order to answer upon oath to such interrogatories as shall be administered to him for the better

D.

information of the court, with respect to the circumstanses of the contempt.

2d, An attachment for a debt or demand may be issued by a justice of the peace, returnable before the county or superior court; or secondly, before himself or some other justice.

With respect to the first, upon complaint made on oath to any justice of the peace by any person or persons, his, her, or their attorney, agent, or factor, that any person hath removed, or is removing him or herself, out of the county privately, or so absconds or conceals him or herself that the ordinary process of law cannot be served on such debtor; and the complainant swearing to the amount of his, her, or their debt or demand, to the best of his, her, or their knowledge or belief, such justice shall grant an attachment against the estate of such debtor wherever the same may he found, or in the hands of any person or persons indebted to or having any of the effects of the defendant, or so much thereof as shall be sufficient to satisfy the debt or demand and costs; which attachment shall be returned to the court where the suit is cognizable, and shall be deemed the leading process in such action.

But the justice, before granting such attachment, shall take bond and security of the party for whom the same shall be issued, his, her, or their attorney, agent, or factor, payable to the defendant, in double the sum for which the complaint shall be made, conditioned for satisfying all costs which shall be awarded to such defendant in case the plaintiff shall be cast in the suit; and also all damages which shall be recovered against the plaintiff, in any suit or suits which may be brought against him for wrongfully suing out such attachment: which bond, together with the affidavit of the party complaining, subscribed with his proper name, shall be returned by the justice taking the same, to the court to which the attachment is returnable. And every attachment issued without bond and affidavit taken and returned as aforesaid, shall be abated on the plea of the defendant.

If the debtor reside in another government and the creditor reside in this state, the justice may grant an attachment against his estate in manner before mentioned.

When the estate attached shall, by three justices to be summoned by the sheriff for that purpose, be deemed perishable, and be so certified on oath, and shail not be replevied within sixty days after serving the attachment, it may be sold by the sheriff at public vendue, upon ten days notice, by advertisement at the court-house and other public places.