The Law of Torts : Or Private Wrongs

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Thus, where the parish clerk refused to read in church a notice which was presented to him for that purpose, and the person presenting it read it himself, at a time when no part of the church-service was actually going on ; held, although a constable might be justified in removing, him from the church, and detaining him until the service was over, yet he could not legally detain him afterwards, in order to take him before a magis- trate.^ So a constable, arresting a man on suspicion of felony, ...must take him before a justice, to be examined, as soon as he reasonably can. Therefore a plea, justifying a detention for three days, in order that the party whose goods had been stolen might have an opportunity. of collecting his witnesses and bringing them to prove the felony, was held bad on demurrer. And it seems that a constable cannot justify handcuffing a prisoner, unless he has attempted to escape, or unless it be necessary in order to prevent him from doing so.^ So where an officer carries a party for trial before a magistrate, before whom the warrant does not authorize a trial, the officer and his assistants, though not the magistrate who issued the warrant, will be liable in trespass to the party arrested ; * although done without actual force." So where a statute enacted, that, if an officer " shall detain any offender without warrant longer than such time as was necessary to procure a legal warrant, such officer should be liable to pay," &c.

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