Arrest of offender in certain cases

(1) Every person who is found committing any offence which is punishable on summary conviction may be apprehended and taken into custody, without warrant, by any police officer, or may be apprehended by the owner of any property on or with respect to which the offence is committed, or by his servant or any other person authorised by him, and shall in the latter case be delivered as soon as possible into the custody of a police officer, to be dealt with according to law. (2) If any police officer or other peace officer refuses or wilfully neglects to take into custody any person found committing any such offence, he is guilty of an offence and, on conviction thereof, liable to a fine not exceeding one hundred dollars. 59