A BILL [AS AMENDED IN COMMITTEE, ON RE-COMMITMENT, AND ON CONSIDERATION OF BILL AS AMENDED] ΤΟ Render more effectual the Police in Counties and [Note.-The Clauses marked A. and B. were added in Committee, the Clauses marked C. to L. on Re-commitment, and the Clauses marked M. and N. on Consideration of Bill as amended.] W c. 88. HEREAS an Act was passed in the Session holden in the Preamble. Second and Third Years of Her Majesty (Chapter 2 & 3 Vict. Ninety-three)," for the Establishment of County and c. 93. "District Constables by the Authority of Justices of the Peace,' 5 which Act was amended by an Act passed in the Session holden in 3 & 4 Vict. the Third and Fourth Years of Her Majesty, Chapter Eightyeight: And whereas a Police Force has been established under the Authority of the said Acts in several Counties and Parts of Counties in England and Wales: And whereas by the Act of the 10 Session holden in the Fifth and Sixth Years of King William the Fourth (Chapter Seventy-six), "to provide for the Regulation of 5 & 6 W. 4. "Municipal Corporations in England and Wales," Provision is made for the Appointment of Constables in all Boroughs in England and Wales which are subject to that Act: And whereas, under the said 15 secondly-mentioned Act, Power is given to Justices of Counties and Councils of Boroughs to agree for the Consolidation of the County and Borough Police Establishments: And whereas, for the more effectual Prevention and Detection of Crime, Suppression of Vagrancy, c. 76. Where a Constabulary is not already es tablished for the whole of a County, Quarter Sessions to cause the same to be established. Her Majesty may, by Order in Council, require sepa rate Police Districts to be constituted in Counties. and Maintenance of good Order, it is expedient that further Provision should be made for securing an efficient Police Force throughout England and Wales: Be it therefore enacted, by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present 5 Parliament assembled, and by the Authority of the same, as follows: I. In every County in which a Constabulary has not been already established for the whole of such County under the said Acts of the Second and Third and Third and Fourth Years of Her Majesty, or either of them, the Justices of such County at the General or 10 Quarter Sessions holden next after the First Day of December One thousand eight hundred and fifty-six, shall proceed to establish a sufficient Police Force for the whole of such County, or where a Constabulary is already established in Part of such County, then for the Residue of such County, and for that Purpose shall declare the 15 Number of Constables they propose should be appointed, and the Rates of Pay which it would be expedient to pay to the Chief and other Constables, and shall report such their Proceedings to One of Her Majesty's Principal Secretaries of State; and upon the Receipt from the Secretary of State of such Rules as are mentioned in Section 20 Three of the said Act of the Second and Third Years of Her Majesty, all the Provisions of the said Acts of the Second and Third and Third and Fourth Years of Her Majesty shall take effect and be applicable in relation to such County, in like Manner as by the said Acts provided, upon the Adoption of such Acts for any County by 25 the Justices thereof, and the Receipt of such Rules as aforesaid from the Secretary of State, subject, nevertheless, to the Amendments contained in this Act. II. In case it appear to Her Majesty in Council, upon the Petition of Persons contributing, or who, on the Establishment of a Con- 30 stabulary under the said Acts of the Second and Third and Third and Fourth Years of Her Majesty, or this Act, will be liable to contribute, to the Police Rate of any County, that a Distinction should be made in the Number of Constables to be appointed to keep the Peace in different Parts of such County, it shall be lawful for Her 35 Majesty, by the Advice of Her Privy Council, to order and require the Justices of such County to exercise the Powers given by the said Act of the Third and Fourth Years of Her Majesty, for the Division of such County into Police Districts; and the said Justices shall thereupon, in manner directed by such Act, and subject to such 40 Approval as therein mentioned, divide such County into such Police Districts as shall appear to them most convenient, and declare the Number Number of Constables which ought to be appointed for each Police District; and the Extent of such Districts, and the Number of Constables appointed for each, may be altered as in the said Act provided; and the Expenses to be defrayed by each such Police District shall be ascertained in the Manner provided by the said last-men5 tioned Act, and the Police Rates assessed and levied therein accordingly: Provided, that Notice of every such Petition, and of the Time when it shall please Her Majesty to order that the same be taken into consideration by Her Privy Council, shall be published in the London Gazette One Month at least before such Petition 10 shall be considered. may arrange tion with III. In case it be represented to One of Her Majesty's Principal Her Majesty Secretaries of State by the Council of any Borough, that Application has in Council, on Represenbeen made by such Council to the Justices of any County in or adjoining tations from to which such Borough is situate, to consolidate the Police of such Boroughs, 15 County and Borough in the Manner provided by the Fourteenth Section Terms of of the said Act of the Third and Fourth Years of Her Majesty, and that Consolidasuch Consolidation has not been effected, it shall be lawful for such Counties. Principal Secretary of State to inquire into the Terms of Consolidation proposed, and to report thereon to Her Majesty in Council; 20 and it shall be lawful for Her Majesty, with the Advice of Her Privy Council, to fix the Terms and Conditions and Date upon and from which such Consolidation shall take effect, and thereupon the Provisions of such last-mentioned Act shall become applicable as if such Consolidation had been effected by an Agreement made under the said Section, save so far as such Provisions relate to the Deter25 mination of such Agreement; and it shall be lawful for Her Majesty, with the Advice of Her Privy Council, at any Time and from Time to Time to vary the Terms of any such Consolidation, or at any Time to determine such Consolidation upon such Terms as to Her Majesty in Council may seem just. 30 have the like as Borough IV. The Constables of every County appointed under the said County ConActs of the Second and Third and Third and Fourth Years of Her stables to Majesty or either of them, or this Act, shall have, in every Borough Powers, &c. situate wholly or in part within such County, or within any County in Boroughs or Part of a County in which they have Authority, all such Powers Constables 35 and Privileges and be liable to all such Duties and Responsibilities have in the County. as the Constables appointed for such Borough have and are liable to within any such County, and shall obey all such lawful Commands as they may from Time to Time receive from any of the Justices of the Peace having Jurisdiction within any such Borough in which 40 they shall be called on to act as Constables, for conducting themselves in the Execution of their Office. Constables to perform Duties con the Police V. The Constables acting under the said Acts of the Second and Third and Third and Fourth Years of Her Majesty, the Fifth and nected with Sixth Years of King William the Fourth, and this Act, or any of the said Acts, shall, in addition to their ordinary Duties, perform all such Duties connected with the Police in their respective Counties or 5 Boroughs as the Justices in General or Quarter Sessions assembled, or the Watch Committees of such respective Counties or Boroughs, from Time to Time direct and require. as directed by the Justices or Watch Committee. CLAUSE A. Constables not to receive Fees. at certain Elections. VI. It shall not be lawful for any Constable acting under the Borough VII. No Head, or other Constable already appointed or hereafter to 25 the the Treasurer of the Borough: Provided always, that nothing herein contained shall subject any Constable to any Penalty for any Act done by him at or concerning any of the said Elections in the Discharge of his Duty. CLAUSE C. may be Constables 5 VIII. It shall be lawful for the Justices of any County in General Retiring or Quarter Sessions assembled, if they think fit, upon the Recom- Gratuities mendation of the Chief Constable, and upon his certifying that any granted to Constable belonging to the Police Force of the County, who has not incapacited served so long as Fifteen Years, is incapable from Infirmity of Mind or who have 10 Body to discharge the Duties of his Office, to order that such Con- not served stable shall receive out of the Superannuation Fund mentioned in the Years. said Act of the Third and Fourth Years of Her Majesty such Sum in gross as a Gratuity upon his Retirement as to the said Justices may seem proper. 15 Fifteen CLAUSE D. annuation IX. If at any Time the Superannuation Fund mentioned in the said Deficiency Act of the Third and Fourth Years of Her Majesty be insufficient in Super(otherwise than by reason of any Default of any Treasurer or other Fund to be Person entrusted with the Custody or Management thereof) to pay of Police made up out the Superannuation or Retiring Allowances and Gratuities payable Rate. 20 thereout, the Amount which such Fund shall from Time to Time be insufficient to pay shall be defrayed by the Police Rate, and, where the County is divided into Police Districts, shall be defrayed by the several Districts as Parts of the local Expenditure thereof, rateably in Proportion to the Number of Constables appointed for each such 25 District respectively. CLAUSE E. may be Officers superseded by granted to X. It shall be lawful for the Magistrates in General or Quarter Gratuities Sessions assembled, if they so think fit, to grant Gratuities to such Officers as may be removed from their Appointments in consequence of the Duties of such Officers being transferred to Persons belonging to 30 the Police Establishment. the County Police. annuations XI. It shall be lawful for the Justices of any County in General or Power to Quarter Sessions assembled, if they see fit, to grant to any Chief Con- grant Superstable of the County, on his ceasing to be such Chief Constable, such to Chief Constables. annual Sum by way of Superannuation Allowance as they think fit; 35 and such Superannuation Allowance shall be paid out of the Police Rate of the County, and shall, in the Case of a County which is divided into Police Districts, be deemed Part of the general Expenditure, and be defrayed accordingly; provided always, that no such Allowance shall be granted to any Chief Constable under Sixty 40 Years of Age, unless the said Justices be satisfied that he is incapable |