The officer may actualty seize the accused if necessary in order to read the warrant to him. Kernan v. State, 11 Ind. 471. 1757. (1688.) Officer must inform defendant.-115. The officer must inform the defendant that he acts under the authority of a warrant, and must show the warrant, if required. It is the duty of the officer to inform the accused that he is acting under a warrant, and if the accused then resists the officer he will be liable. Kernan v. State, 11 Ind. 471. 1758. (1689.) Means to arrest.-116. If, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to effect the arrest. The retaking of the accused after an arrest and escape constitute but one arrest. Cooper v. Adams, 2 Blkf. 294. When it appears that force was used in making an arrest, it must appear that the use of force was necessary on account of resistance. Kreger v. Osborn, 7 Blkf. 74. 1759. (1690.) Arrest and recapture.-117. An arrest may be made on any day, or at any time of the day or night. If a person arrested escape or be rescued, the person from whose custody he made his escape or was rescued may immediately pursue and retake him, at any time and within any place in the state. To retake the person escaping or rescued, the person pursuing may, after notice of his intention, and refusal of admittance, break open an outer or inner door or window of a building or inclosure, and has the same power to command assistance as is given in cases of arrest. If the accused escape after being arrested, his retaking is only a part of the first arrest. Cooper v. Adams, 2 Blkf. 294. An arrest may be made and bail taken on Sunday. State v. Douglass, 69 Ind. 544. 1760. (1691.) Aid to officer.-118. Every person must aid an officer in the execution of a warrant, if the officer require his aid, and be himself present and acting in its execution. See section 2128 for penalty. Persons who are summoned to aid an officer in executing a warrant may justity under the warrant though it is informal. Goodwine v. Stephens, 63 Ind. 112. See Dietrichs v. Schaw, 43 Ind. 175. If the law under which process is issued is unconstitutional, the arrest can not be justified under such process. Sumner v. Beeler, 50 Ind. 341. 1761. (1692.) May break doors.-119. To make an arrest in criminal actions the officer may break open any outer or inner door or window of a dwelling-house or any other building or inclosure to execute the warrant, if, after notice of his authority and purpose, he be refused admittance. 1762. (1693.) May break doors to liberate himself.-120. An officer may break open an outer or inner door or window of any building for the purpose of liberating a person who, having entered for the purpose of making an arrest, is detained therein, or when necessary for his own liberation. 1763. (1694.) Indicted convict.-121. When a convict in any one. of the state prisons is indicted for an offense committed while confined therein, he shall remain, until his trial, in the custody of the warden of the state prison, subject to the order of the court of the county wherein such indictment was presented. 1764. (1695.) Removal for sentence or trial.-122. A convict in any one of the state prisons of the state who escaped or forfeited his recognizance before receiving sentence for a felony of which he was convicted, or against whom an indictment or information for felony is pending, may be removed to the county in which such conviction was had, or such indictment or information is pending, for sentence or trial, upon the warrant of the court of such county; but no convict for life shall be so removed, except the sentence to be imposed or the indictment or information pending against him is for murder in the first degree. 1765. (1696.) Warrant for removal.-123. The warrant for removal shall be in the usual form, except that it shall set forth that the accused is in the state prison, naming the particular prison. It shall be directed to the sheriff of the county in which the conviction was had or the indictment or information is pending; and when a copy thereof, with the approval of the governor indorsed thereon, is presented to the warden of such prison, he shall deliver the convict to the sheriff, who shall convey him to such county and commit him to the jail thereof. And for removing and returning such convict such sheriff shall receive fees at the rate allowed by law for conveying convicts to the state prison. 1766. (1697.) Governor's approval.-124. The sheriff, as soon as he receives the warrant, shall cause the same to be presented to the governor, who, if satisfied that such convict ought to be removed for sentence or trial, shall indorse his approval thereon; and without such approval and indorsement the warden shall not surrender the convict. 1767. (1698.) Convict kept for trial.-125. A convict so removed shall be securely kept in jail, subject only to be taken into court for sentence or trial; and if the case be continued, or the execution of the sentence be suspended, the court may order him to be returned to the state prison by the sheriff, who shall deliver with him a certified copy of the order of the court to the warden, who shall again deliver him to the sheriff upon another order of the court duly certified. 1768. (1699.) Acquittal or pardon.-126. If such convict be acquitted or pardoned, he shall be forthwith returned by the sheriff to the state prison, there to serve out the remainder of his term; but if he be sentenced to imprisonment in the state prison, he shall forthwith be returned thereto by the sheriff, and his term of imprisonment shall begin to run from the expiration of the term for which he was imprisoned at his removal; or if he be sentenced to death, such sentence shall be executed as if he were not under sentence of imprisonment in the state prison. 1769. (1700.) Escaping convict.-127. If any convict confined in the state prison shall escape therefrom, he may be retaken and im prisoned again, notwithstanding the time for which he was sentenced to be imprisoned may have expired when he shall be retaken; and he shall remain so imprisoned until tried for such escape, or until he be discharged on a failure to prosecute therefor. See section 2122. When a prisoner escapes and is retaken after the expiration of his sentence, he may be held until he has served his full term. Ex parte Clifford, 29 Ind. 106. 1770. (1701.) Danger of mob.-128. Whenever any person has been arrested and is confined in any county jail before trial, and there is, in the opinion of the sheriff of such county, danger that the accused may be injured or killed by the violence of a mob, the judge of the circuit court of such county, if present in the county (or, in case of his absence, the clerk of such court) shall give a written order to the sheriff of the county to remove the accused to a safe place of confinement; and such sheriff shall at once cause such prisoner to be removed to the jail of the county nearest having a sufficient jail and proper provision for protecting the accused; or, if he deem it necessary, to the nearest state prison, for the temporary safe keeping and protection of such prisoner. And the sheriff of such nearest county, or the warden of such prison, shall, on the exhibit of such written order, receive and keep in his custody the prisoner ordered to be committed as aforesaid; and the county from which such prisoner was sent shall pay all the expenses of such removal and keeping. The said sheriff or warden shall, upon the order of the circuit court of the county from which the prisoner was sent, or the judge thereof, redeliver such prisoner when demanded. 1771. (1702.) Peace officers.-129. All judicial officers, sheriffs, deputy sheriffs, coroners, constables, marshals, deputy marshals, police officers, watchmen, and the conductors of all trains carrying passengers or freight within this state, while on duty on their respective trains, may arrest and detain any person found violating any law of this state, until a legal warrant can be obtained. See section 2074, as to the arrest of persons disturbing meetings. Constables and marshals of cities and incorporated towns may arrest persons violating the law in their presence. Wiltse v. Holt, 95 Ind. 469; Vandeveer v. Mattocks, 3 Ind. 479; Boaz v. Tate, 43 Ind. 60. When arrests are made under this section, the persons arrested may be detained in the jail of the county. Boaz v. Tate, 43 Ind. 60. Peace officers can only arrest without a warrant for a misdemeanor when the crime is committed within their view. They may arrest for a felony when they have reliable information of the commission of the crime without a warrant. Doering v. State, 49 Ind. 56. Town marshals may arrest persons who violate the town ordinances in their view, without a warrant. Scircle v. Neeves, 47 Ind. 289. Private persons are only justified in arresting persons without a warrant on information that a felony has been committed when the person arrested is actually guilty of the charge. Doering v. State, 49 Ind. 56. All persons may arrest persons without process, who commit felonies in their presKennedy v. State, 107 Ind. 144. ence. [1879 S., p. 76. In force May 31, 1879.] 1772. (1703.) Arrest beyond county boundary.-1. Wherever any sheriff or constable, in executing a state warrant, shall find that the defendant has crossed the county boundary of the county in which. the warrant issued into an adjoining county, such officer shall have the authority to cross the county boundary into the adjoining county, and execute such warrant and make the arrest and return such defendant, without hindrance, into the county from which such warrant issued. [1881 S., p. 114. In force September 19, 1881.] 1773. (1704.) Recognizances.-130. Recognizances in criminal proceedings may be taken in open court and entered on the order-book. When a recognizance is taken in open court no separate order fixing the amount of bail is necessary. McClure v. State, 29 Ind. 359; Grinestaff v. State, 53 Ind. 238. When bail is taken in open court the recognizance need not be signed by the parties. Campbell v. State, 18 Ind. 375; Grinestaff v. State, 53 Ind. 238; State v. Elder, 35 Ind. 368. Recognizances taken in open court by courts of general jurisdiction are not void because the warrant or arrest is illegal. State v. Wenzel, 77 Ind. 428. 1774. (1705.) Officer takes recognizance.-131. Any officer authorized to execute a warrant in a criminal action may take the recognizance and approve the bail; he may administer an oath, and examine the bail as to its sufficiency. In a suit on a recognizance taken by an officer, it must be alleged that the officer had authority to take the recognizance. Blackman v. State, 12 Ind. 556; Myers v. State, 19 Ind. 127; State v. Winninger, 81 Ind. 51. This section does not authorize a constable to take bail in cases of felony. State v. Winninger, 81 Ind. 51. Sheriffs arresting persons on warrants for contempts may take bail. Baldwin v. State, 126 Ind. 24. When an officer acts by deputy in taking bail it will be presumed that such deputy had authority to act. Carmody v. State, 105 Ind. 546; Patterson v. State, 10 Ind. 296. 1775. (1706.) Deposit of money.-132. The defendant may, in the place of giving bail, deposit with the clerk of the court to which the defendant is held to answer, the sum of money mentioned in the order; and upon delivering to the sheriff the certificate of deposit, he must be discharged from custody. A sheriff is not authorized to accept a deposit of money as bail, but if he does so he is liable to the state for the money received. State, ex rel., v. Scanlon, 2 App. 320. 1776. (1707.) Return of money.-133. If money has been deposited instead of bail, and the defendant, at any time before the forfeiture thereof, shall give sufficient special bail, or shall surrender himself in open court or to the sheriff, as provided in this act, or be in any manner legally discharged, the court shall order a return of the deposit to the defendant. If such money is declared forfeited the fees of the clerk can not be paid therefrom, but the prosecuting attorney may retain his fees for collecting such money. State v. Barron, 74 Ind. 374. 1777. (1708.) Sheriff takes recognizance.-134. When any person is committed for want of bail, and the amount of bail is specified in the warrant of commitment, the sheriff may take the recognizance and approve the bail. If a justice of the peace commits a person for failure to give bail, the sheriff may accept bail. McCole v. State, ex rel., 10 Ind. 50. 1778. (1709.) Recognizances certified and filed.-135. Every recognizance taken by any peace officer must be certified by him forthwith to the clerk of the court to which the defendant is recognized. The clerk must thereupon record the recognizance; and from the time of filing, it shall have the same effect as if taken in open court. 1779. (1710.) May justify bail.-136. A court or officer required to take or accept any bail or recognizance, or to approve the sureties offered on any bond or recognizance, in any case of a criminal nature, may require any person offered as surety thereon to make affidavit of his qualifications, or to be examined orally, under oath, touching the same; and such court or officer may take such affidavit or administer such oath. 1780. (1711.) Surety.-137. One surety in every such bond or recognizance must be a resident freeholder of the county in which the prosecution is pending, and the surety or sureties must be worth at least double the sum to be secured, and must have property in this state, liable to execution, equal to the sum to be secured; and when two or more sureties are offered to the same bond or recognizance, they must have, in the aggregate, the qualifications prescribed in this section. A recognizance executed by sureties alone is valid. Minor v. State, 1 Blkf. 236. 1781. (1712.) Form of recognizance.-138. The following form may be used, and is sufficient, for a recognizance bond: State of Indiana, County of Floyd, }88: We, William Rodifer and John Livingston, owe the state of Indiana to be levied of our property. dollars, The condition of the above is, that if the said William Rodifer shall personally ap pear before the judge of the Floyd to answer to a charge of and abide the order of the court, and not depart thence without leave, then this recognizance shall be void; else, to remain in full force. Witness our hands and seals, this court, on the first day of the next term thereof, A. D. 18 WILLIAM RODIFER. [SEAL.] day of [SEAL.] 1782. (1713.) Continuing recognizance.-139. In any criminal proceeding, when the defendant so desires or the court in its discretion. directs it, instead of the recognizance mentioned in the preceding section, the defendant shall be required to enter into a recognizance, |