By the common law, every person committing a felony may be arrested by any person whomsoever present at the fact, who may secure the prisoner in gaol, or carry him before a Magistrate,[101]--and if a prisoner thus circumstanced, resists and refuses to yield, those who arrest will be justified in the beating him,[102] or, in case of absolute necessity, even killing him.[103] [Footnote 101: Hale.] [Footnote 102: Pult. 10, a.] [Footnote 103: Hale.] In arresting persons on suspicion of a felony, actually committed, _common fame_ has been adjudged to be a reasonable cause.[104] [Footnote 104: Dalton.] There are four methods, known in law, by which Officers of Justice, as well as private individuals, may arrest persons charged with felony.--1. _By the warrant of a Magistrate._--2. _By an Officer without a warrant._--3. _By a Private Person without a warrant._--And 4. _By Hue-and-Cry._[105] [Footnote 105: Blackstone.] When a warrant is received by an Officer, he is bound to execute it, so far as the jurisdiction of the Magistrate and himself extends.--But the _Constable_ having great original and inherent authority, may, _without warrant_, apprehend any person for a breach of the Peace: and in case of felony, _actually committed_, he may, on probable suspicion, arrest the felon: and for that purpose (as upon the warrant of a Magistrate,) he is authorised to break open doors, and even justified in killing the felon, if he cannot otherwise be taken.[106] [Footnote 106: Blackstone.] All persons present, when a felony is committed, are bound to arrest the felon, on pain of fine and imprisonment, if he escapes through negligence of the by-standers; who will (the same as a constable) in such case be justified in breaking open doors, to follow such felon, and even to kill him if he cannot be taken otherwise.[107] [Footnote 107: Blackstone.] The other species of arrest is called _Hue-and-Cry_, which is an _alarm raised in the country_ upon any felony being committed. This was an ancient practice in use as far back as the reign of Edward the First, (1285) by which, in the then infant state of society, it became easy to discover criminal persons flying from justice. However doubtful the utility of this ancient method of detecting offenders may be, in a great Metropolis, in the present extended state of Society, it is plain, that it has been considered as an important regulation of Police so late as the 8th George II. (1735;) since it was enacted in that year, (stat. 8, George II. cap. 16.) that the Constable who neglects making _hue-and-cry_, shall forfeit five pounds; and even the district is liable to be fined (according to the law of Alfred) if the felony be committed therein, and the felon escapes.[108] This, however, applies more particularly to the country, and where the practice cannot fail to be useful in a certain degree. [Footnote 108: Blackstone.]