other inferior magistrate, to arrest a person found within his jurisdiction, for a crime committed out of his jurisdiction. The crime may have been committed, 1. In another county of Scotland: 2. In some other part of the united kingdom: 3. In some foreign country. (1.) In another part of Scotland.—It is considered in another place (Forum) how far a person can be tried by the local judges of one county for an offence in another county. With regard to the arresting a criminal in one county, in order to his being tried or precognosced for the offence in another county, in which he committed the crime, the regular and ordinary course is this. "If the party have fled, the remedy is to get "the warrant (which had been granted by a judge of the place "where the crime was committed) indorsed by some magis"trate of the shire to which he has gone; and this is good, « by custom, though it be a justice of the peace who indorses "the sheriff's warrant, or a sheriff who indorses that of "a justice of the peace." “When indorsed in this course, "the warrant may equally be executed by the officer who brought it, or by the officers of the county or place " where it is indorsed." But it must often happen that a warrant cannot be obtained from a judge of the territory in which the crime was committed, in order to be backed, without giv ing the culprit an opportunity of escaping; and the question occurs, Whether it is competent for a judge of the territory in which the culprit is known to be, to grant warrant for arresting him, with a view to his being afterwards regularly transmitted to the proper territory. This, it is believed, is done by all classes of inferior judges. The judge of the territory in which the criminal is, upon the application of his own procu rator-fiscal, or of the private party concerned, stating the offence, grants warrant to arrest, and then, if it seem proper after examining the accused, commits for examination. Notice is immediately sent to a fiscal of the territory in which the crime was committed, who obtains warrant to arrest from á judge of that territory, or the private party obtains it; this is backed by a judge of the territory in which the criminal is detained; and upon this backed warrant the criminal is given over to the officers to be transmitted. If such warrant do not arrive in a reasonable time, the accused is dismissed. (See Forum.) (2.) Crime in another part of the United Kingdom.-The I Hume, ii. 76, other parts of the united kingdom are considered at common law as foreign countries in this matter. But certain statutory provisions have been made upon the subject. 2 If any person against whom a warrant shall be issued by any of the justices of the Court of King's Bench in England, or of the courts of Great Sessions in Wales, or by any justice of oyer and terminer, or gaol delivery, or any justice of peace, or other person having authority to issue the same, in England, for any offence against the laws of England; or by any judge of the King's Bench, or any justice of oyer and terminer, or gaol delivery, or any justice of peace, or other person having authority to issue the same in Ireland, for any offence against the laws of Ireland, shall be in any part of Scotland, the sheriff or stewart, depute or substitute, or any justice of peace of the place where such person is, may indorse such warrant; which warrant, so indorsed, is a sufficient authority to the officer, who brings it, and to all persons to whom it was originally directed, and to all constables or other peace officers of the place where it was indorsed, to execute it in that place, by apprehending the person named in it ;3 and, where the original warrant was granted in England, to convey him into the county, city, town, or place of England adjacent to Scotland, in which the crime was committed, and before a justice of peace of such place, to be dealt with according to law; or, if the crime was committed in a county not adjacent to Scotland, to convey him to any county of England adjacent to Scotland, and before a justice of peace there, who is to proceed as if the person had been apprehended in that county; and, where the original warrant was granted in Ireland, to convey him by the most direct way to Ireland, and before a justice of peace of the county in Ireland, living near the place, and in the county where he shall land; which justice of peace is to proceed as if the party had been apprehended in that county.5 If any person against whom a warrant shall be issued by the Lord Justice-General, Lord Justice-Clerk, or Lords Commissioners of Justiciary, or any sheriff or stewart, depute or substitute, or any justice of peace of Scotland, for any offence against the law of Scotland, shall be in any place of England, a justice of peace of that place may indorse the warrant; and the person must be carried before the sheriff or stewart, depute or 148 Geo. III c. 58, sect. 2. 44 Geo. III. c. 92, sect. 3. 3 13 Geo. III. c. 31, sect. 1.-44 Geo. III. c. 92, sect. 3.-54 Geo. III. c. $86, sect. 2. 4 13 Geo. III. c. 31, seçt. 1. 5 44 Geo. III. c. 92, sect. 3. substitute, or a justice of peace of the county of Scotland adjacent to England, in which the crime was committed, to be dealt with according to law; or, if the crime was committed in a county of Scotland not adjacent to England, he must be carried before the sheriff or stewart, depute or substitute, or a justice of peace of any county of Scotland, adjacent to England, to be disposed of as if he had been apprehended in that county.' In like manner, if any person against whom a warrant shall be issued by any justice of peace in Scotland, or other person having authority to issue the same in Scotland, for any offence against the law of Scotland, shall escape into or be in Ireland, the warrant is to be indorsed by a justice of peace in Ireland, and executed in the same way, mutatis mutandis, as a warrant granted in Ireland, for apprehending an Irish criminal who is in Scotland. The expence of apprehending and conveying the person is defrayed by the treasurer of the county of England or Ireland, or by the sheriff or stewart, depute or substitute, of the county of Scotland in which the crime was committed; the verity of the account of that expence being previously ascertained, on oath, before two justices of peace of such county, and allowed and signed by them.3 It is proper, before the Scots magistrate takes any procedure upon an English or Irish warrant, that he observe whether it be not grossly and palpably illegal. It is also proper, before interponing his authority to the transmission of named in the warrant, that he bring the person person before him for examination, and satisfy himself, by examining him and those applying, that he is truly the person named in the warrant.4 the The course which has now been detailed is the regular course of apprehending a person in one part of the united kingdom, for an offence committed in another part. But the question occurs, whether, in the case of a person who has committed a crime in England or Ireland, coming to this I 13 Geo. III. c. 31, sect. 2. 3 13 Geo. III. c. 13, sect. 3.-44 Geo. 2 44 Geo. III. c. 92, sect. 4. III. c. 92, sect. 5.-Note, 45 Geo. III. c. 92, sect. 5, requiring that the warrant shall have been issued in England or Ireland, upon an indictment found, or information filed, or in Scotland, upon a libel from the Court of Justiciary, or for a capital crime or felony; and sect. 6, requiring that the signature of the granter be sworn to before indorsing; are repealed by 54 Geo. III. c. 186, sect. 1. 4 Observed on the Bench in Knox against Aitken, 18th December 1813, not reported. country, it be lawful for a judge of this country, in those. situations in which the waiting for a regular warrant from. England or Ireland, to be backed, might give the criminal an opportunity to escape, himself to grant an original warrant for his apprehension. This has been done; but, in a late case, strong opinions against its legality were expressed from the Bench.' By special acts of Parliament (which seem to be only a confirmation of the doctrine admitted by the common law, in Scotland, in those particular cases), persons who have stolen goods in England or Ireland, and escape with them into Scotland, and are found with them in their possession here, may be tried for the offence here (and so of persons stealing goods in Scotland, and being found with them in England or Ireland); and persons receiving such goods, knowing them to be stolen, may be tried in the place where they received them. All such persons, of course, may be arrested by an original warrant granted by a Scots judge of the place. See Bail, sect. Criminal of others parts of united kingdom. In connexion with this matter of offences in another part of the united kingdom, it may be mentioned here, that provision is made for the appearance of persons to answer as parties where warrants are not usually granted, and to give evidence, in criminal processes, in any part of the united kingdom. The service of any subpoena, or other process, upon any person in any one of the parts of the united kingdom, requiring his appearance to answer as a party, or to give evidence, in any criminal prosecution, in any other part of it, is as effectual as if served in that part where he is required to attend. If he make default, the court before which he was cited, upon satisfactory proof of the service of the process, transmits a certificate of the default, under seal of court, or under the hand of one of the judges or justices of the same, to the Court of King's Bench in England, if the service was in England; to the Court of Justiciary in Scotland, if it was in Scotland; or to the Court of King's Bench in Ireland, if it was in Ireland; which courts punish the person as for default before themselves. But witnesses are not punished unless a reasonable John Rae Muir against Sharp, &c. 10th July 1811. * 13 Geo. III. c. 31, sect. 4, 5.-44 Geo. III. c. 92, sect. 7, 8. 3 45 Geo. III. c. 92, sect. 3. Bell and others, resident in Scotland, having been indicted at the Cumberland quarter sessions, for burdening a parish there with a bastard, by carrying the mother to be delivered there, and not having appeared, one of the justices granted warrant to apprehend them, which was indorsed by a Dumfries.shire justice. Bell, &c. suspended. The Court passed the bill, and prohibited execution till the reasons of suspension should be dis sum for expences was tendered to them. The judges of the courts of record at Westminster, or of the court of sessions of Chester, or of any court of great sessions in Wales, or of any court of record in Dublin, as the case may be, are directed to indorse any warrant, of the nature of a second diligence, (for apprehending witnesses who have failed to appear upon summons) granted in Scotland for compelling their attendance in Scotland at a criminal trial; and such indorsed warrant has the same force as in Scotland, and authorizes the bearer to apprehend the witness, and to carry him to Scotland, without tender of expences.* (3.) Crime in some foreign country.-It appears that a Scotsman, or even a foreigner, who has been guilty of a crime abroad, (not in England or Ireland) cannot be seized here, and carried away, against his will, towards his trial in the country where he offended. 4. Arrest on suspicion of a crime having been committed. The cases which have now been considered are those in which the magistrate arresting knows that a crime has been committed, and has reasonable suspicion that the person arrested is guilty. But the magistrate is entitled, in some cases, to arrest a person for examination, upon such circumstances as lead him to suspect merely that a crime has been committed, and that the person arrested is guilty. For example, it is lawful to arrest, and commit for examination, a person of a mean appearance, offering for sale a diamond ring, or other valuable article, which a person of his appearance cannot reasonably be supposed to have acquired honestly, so that he may be detained till the truth of his story shall be investigated ;s which, however, ought to be done with all convenient dispatch. The duties of constables and of private persons in arresting criminals, under a warrant, have been explained in the author's summary of the duties of those persons. See Constable. cussed, after letters expede, because no subpana, or other process, had been 2 54 Geo. III. c. 186, sect. 3. Ibid. 55, |