2.
He possess power, virture officii, as a conservator of the peace at
common law, and by virtue of various legislative enactments; he. way
therefore apprehend a supposed offender without a warrant, as treason,
felony, breach of the peace, and for some misdemeanors Iess 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
informatiou of others 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; or he may appoint a deputy
to do ministerial acts. 3 B urr. Rep. 1262.
3.
A constable is also a ministerial officer, bound to obey the warrants
and precepts of justices, coroners, and sheriffs. Constables are also in
some states bound to execute the warrants and process of justices of
the peace in civil cases.
4.
In England, they have many officers, with more or less power, who bear
the name of constables; as, lord high constable of England, high
constable 3 Burr. 1262 head constables, petty constables, constables of
castles, constables of the tower, constables of the fees, constable of
the exchequer, constable of the staple, &c.
5.
In some of the cities of the United States there are officers 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; Bac. Ab. h. t.;
Com. Dig. Justices of the Peace, B 79; Id. D 7; Id, Officer, E 2; Wille.
Off. Const.
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