Opinion
Decided March, 1877.
An officer making an arrest without a warrant, upon a view, and between sunset and sunrise, is not liable, under s. 6, c. 236, Gen. St., for discharging his prisoner without carrying him before a magistrate.
QUI TAM, to recover a penalty. The declaration alleges that the defendant, being an officer, upon view of an offence committed by one C., arrested him without a warrant, between sunset and sunrise, and did not promptly, carry him before the police court within twenty-four hours next after the arrest, but, after detaining him one hour, allowed him to depart. The defendant demurred.
Copeland Edgerly, for the plaintiff.
G. W. Burleigh, for the defendant.
This action is brought under s. 6, c. 236, Gen. St., which provides that in all other cases the officer arresting without a warrant shall promptly carry the person arrested before the police court or a magistrate, that a complaint may be made. The provisions of this section do not apply to this case.
Here the arrest was made under s. 4, between sunset and sunrise, and the defendant had the right to detain his prisoner, or discharge him at any time within twenty-four hours after his arrest, without carrying him before the magistrate; and by discharging him within that time he did not incur the penalty sought to be recovered here.
Demurrer sustained.
ALLEN, J., did not sit.