safe keeping of imprisoned offenders, their wearing fetters and handcuffs etc., and their general treatment be it milder, or more severe, than the law prescribes. The penalties vary with the particular nature of the offence itself, and the offence of the offender so treated ranging

from thirty blows upwards.

A magistrate who warns a prisoner to escape will be held to have a warrant for his arrest (H. A. H. L. Supp. vol. XIV. p. 51).

Definition. An official in charge of a criminal is styled, and pending conveyance to a magistrate, incurs special liabilities

thereby.

POLICE ETC.

TIPAOS

PRIVATE SALT WATCHERS

Police etc. The system provides that constables shall be held responsible for the detection and arrest of criminals, and shall be periodically beaten if they fail to produce offenders.

Where a magistrate has issued a warrant for the arrest of a certain offender or offenders, a definite period under the old law, in general

thirty days, but, in the case of larceny varying is prescribed, within which the offender or offenders must be produced. Where the offenders are several, the production of one-half of them, or of a lesser number, if the most guilty be included therein, will be held sufficient. If the period be exceeded, the police-officer will incur a penalty one degree less heavy than that due the offender, or the most guilty of the offenders, if there be more than one. It may be herein added that an officer, not being a regular police-officer, but detached from his ordinary duties to perform police functions, will, in the case of these offences, receive a penalty less by one degree than that attaching to a regular police officer.

This system of responsibility for detection of crime and arrest leads ever and again to constables putting pressure on other offenders, or, it may be, innocent persons, to confess to offences of which they are innocent. Where, on trial, this is discovered to be the case, if the person tortured by the constable confessed himself e. g. a thief, and be really innocent of all offence, the constable will be sentenced to military servitude; if the said

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person be a thief, though innocent of the offence in question, the constable will be sentenced to three years' transportation (H. A. H. L. vol. XLVIII. p. 28).

If a constable arrests the wrong person, and thereby causes the latter's death, he will be held capitally liable; and even where there appears to be no reason to doubt that he acted honestly, and the person dies of disease caught in prison, he will be sentenced to transportation for life (H. A. H. L. vol. XLVIII. p. 29).

It is bad for a constable to let an offender go , but worse for him to equivocate

about it, for thereby he will entail upon himself the penalty for slander (H. A. H. L. Supp. vol. XIV. p. 51).

It will go equally hard with a constable who allows the escape of an offender he has in custody, or who gives the word to one for whom he holds a warrant (id.).

to let

A constable who takes a bribe an offender go, will incur the penalty due the latter. This refers to solitary instances of neglect of duty; if the constable received bribes regularly

(being, as it were, in the pay of offenders), he will be dealt with under another clause "constables who maintain and harbour thieves, and sent to military servitude in the

"etc."

swamps (id.).

In regard of a constable's right of offence or defence his powers are strictly limited. A constable duly armed with a warrant and in self-defence is, however, practically justified in killing an offender who resists him, provided the killing be unintentional and in the act of arrest. A sentence of 100 blows will, however, be imposed.

It is decapitation without appeal for an offender to kill a constable armed with a warrant for his arrest, whether or not the killing be intentional; but the constable must either have a warrant, or be authorised to arrest the offender. If the person so killing be not the actual offender, but merely involved in the case, the capital sentence is subject to revision (H. A. H. L. vol. LV. P. 13).

Ordinarily the above penalty is increased two degrees, if the offender has resisted arrest and hurt an officer (H. A. H. L. vol. LV. p. 15).

It is strangulation subject to revision if the injury done the person arresting an offender amounts to breaking a bone (H. A. H. L. vol. LV. p. 26, v. also Excusable Homicide).

Private detectives

have, apparently, to be

selected, registered, and provided with a ticket, much in the same manner as private salt watchers (infra); and when these conditions are complied with, the protection accorded an ordinary constable is conferred.

Tipaos.-Tipaos and ward elders have authority to arrest offenders and hand them over to the constituted authorities for trial and punishment; but they cannot claim the benefit of the clauses under which a constable, armed with a warrant and in self-defence, is justified in killing an offender who resists him.

Private Salt Watchers. - Private Salt Watchers are protected in the same way as constables, if approved by the local authorities under whose jurisdiction they are placed, and registered at the Judiciary Board. They must be carefully selected, registered, and provided with a waist ticket by the magistrate, or they will be treated as if they