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Constable

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

is an officer, enerally elected by the people. Fle possesses power, virtute officil, as a conservator of the peace at common law and by virtue of various legislative enactments; he may therefore apprehend a supposed offender without a warrant, for treason, felony, breach of the peace and some misdemeanors less than felony, when committed in his view.

1 Hale, 587; 1 East, P. C. 303; 8 Serg. & Rawle, 47.

He may also arrest a supposed offender upon the information of others, without any positive charge or his own knowledge of the circumstances on which the suspicion is founded; but he does so at his peril, unless he can show that a felony has been committed by some person, as well as the reasonableness of the suspicion that the party arrested is guilty.

1 Chit. Cr. L. 27; 6 Binn. R. 316; 2 Hale, 91,92; 1 East, P.C. 301.

He has power to call others to his assistance. A constable is also a ministerial officer, bound to obey the warrants and precepts of justices, coroners warrants and process of justices of the peace in civil cases. In England they have many officers, with more or less power, who bear the name of constables; as, lord high constable of England, high constables, head constables, petty constables, constables of castles, constables of the tower, constables of the fees, constable of the exchequer, constable of the staple, &c. In some of the cities of the United Stgtes there are offcers who are called high constables, who are the principal police officers where they reside. Vide the various Digests of American law, h. t.; 1 Chit. Cr. L. 20; 5 Vin. Ab. 427; 2 Phil. Ev. 253; 2 Sell. Pr. 70; 1 Bac. Ab. 683; Com. Dig. Justices of the Peace, (B 79); Tb. (D 7); Ib. Officer, (E 2.)