II. BOROUGH. immunities, and are liable to the penalties, under 1 & 2 Will, 4, c. 41 ("Special Constables," infra), and are to be paid 3s. 6d. a day when called out.] (5 & 6 Will. 4, c. 93.) 2 & 3 Vict. c. 93, s. 6. [Subject to the approval of two or more justices of the county in petty sessions the chief constable may appoint constables for the county and a superintendent at their Appointment and head, and may dismiss any of them, and shall have the general dismissal (c). government of them subject to the justices in general or quarter sessions.] Powers (d). Neglect of duty. Resigning without leave. 8. The chief constable and other persons so appointed shall be sworn as constables before a justice of the county, and shall have all the powers, privileges, and duties throughout the county, and also in all liberties and franchises and detached parts of other counties locally situated within such county (e), and also in any county adjoining to the county for which they are appointed, which any constable duly appointed has within his constablewick by virtue of the common law, or of any statute made or to be made; [1 & 2 Will. 4, c. 41 ("Special Constables," infra) is extended to such constables, except as to matters herein expressly provided for.] 12. Every constable appointed under this Act who shall be guilty of any neglect or violation of duty in his office [Penalty not exc. £10, which may be deducted from his salary;—or Imprisonment not exc. 1 month, with or without hard labour (ƒ).] 13. No constable . . . . shall be at liberty to resign his office, or to withdraw himself from the duties thereof,-unless expressly allowed so to do, in writing, by the chief constable or superintendent under whom he may be placed, or unless he shall give. one calendar month's notice (g). (b) Expenses, salaries, &c., may be paid by a police rate (3 & 4 Vict. c. 88, s. 3). (c) Additional constables may be appointed at the request and charge of individuals (s. 19). (d) Boroughs.-They have also authority in any borough situate wholly or partly within any county in which they have authority (19 & 20 Vict. c. 69, s. 6), but they shall not be required to act except in special emergency (22 & 23 Vict. c. 32, s. 2). If the county and borough consolidate their police, the constables have authority throughout the county and borough (3 & 4 Vict. c. 88, s. 14). (e) The justices of neighbouring counties in general or quarter sessions may agree that for the purposes of the constabulary any detached part shall belong to the county with which it is surrounded or has the longest common boundary (21 & 22 Viet. c. 68, s. 1). (f) Procedure.-Within 6 months; 2 justices. Penalty enforced by imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress, in default imprisonment not exc. 3 months (Introd. p. 31): Payable to county treasurer (Introd. p. 38). Appeal, none. (g) The chief constable or superintendent is to give notice of such resigning without leave to the treasurer, and all arrears of pay shall thereupon be forfeited without further proceedings in respect of his offence,-and on conviction before 2 justices, Penalty not exc. £5 (ƒ) (22 & 23 Vict. c. 32, s. 4, repealing the former punishment for this offence). 14. Every constable . . who shall be dismissed from III. COUNTY. or shall cease to hold and exercise his office, and who shall not forthwith deliver over all the clothing, accoutrements, appoint- (243 Fict. c. 93.) ments, and other necessaries which may have been supplied to Detaining him. . . . to the chief constable or superintendent, or to such accoutrements. person and at such time and place as shall be directed-- [Imprisonment not exc. 1 month, with or without hard labour (); a justice may issue a search warrant for such clothing, &c.] constable. 15. Every person, not being a constable appointed under this Possessing Act, who shall have in his possession any article being part of accoutrements; the clothing, accoutrements, or appointments supplied to any such constable, and who shall not be able satisfactorily to account for his possession thereof,-or who shall put on the personating a dress, or take the name, designation, or character of any person appointed as such constable, for the purpose of thereby obtaining admission into any house or other place, or of doing or procuring to be done any act which such person would not be entitled to do or procure to be done of his own authority, or for any other unlawful purpose [Penalty not exc. £10 (1).] [1 & 2 Will. 4, c. 41, s. 11, infra, p. 157, applies also to Assaulting County Constables (see s. 8, supra).] constable. [The general appointment of parish constables having become IV. PARISH. unnecessary, no fresh appointments are to be made except under the provisions of 35 & 36 Vict. c. 92, and when the quarter sessions deem it necessary.] Appointment. 5 & 6 Vict. c. 109, s. 15: The constables shall have within Powers, &c. the whole county, and also within all liberties and franchises, and detached parts of other counties situated therein, and also in every county adjoining to the county in which they are appointed, all the powers, privileges, and immunities, and shall be liable to all the duties and responsibilities, of a constable within his constablewick, but shall not be bound to act as a constable beyond the parish for which they are severally appointed and sworn, without the special warrant of a justice of the peace (k). Appointment. 1 & 2 Will. 4, c. 41, s. 1: In all cases where it shall be made to V. SPECIAL. appear to any two or more justices of the peace of any county, riding, or division having a separate commission of the peace, or to any two or more justices of the peace of any liberty, franchise, city, or town in England or Wales, upon the oath of any cre (1) Procedure.-Within 6 months; 2 justices. Penalty enforced by imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress, in default imprisonment not exc. 3 months (Introd. p. 31): Payable to county treasurer (Introd. p. 38). Appeal, none. (*) See also 35 & 36 Vict. c. 92, ss. 7, 10. dible witness, that any tumult, riot, or felony has taken place 2. [The Secretary of State, on representation of justices, may order persons to be sworn in though exempt by law; but they shall be liable to act for two months only.] 3. [The Secretary of State may direct the lord lieutenant to swear in special constables for the whole or any part of a county, and to allow no exemption; but they shall not be liable to act for more than 3 months.] 4. [The justices who appoint the special constables, or any two of the same district at a special sessions, or the majority, may make regulations respecting the constables, and may remove any of them for misconduct or neglect of duty.] 5. Every special constable appointed under this Act shall, not only within the parish, township, or place for which he shall have been appointed, but also throughout the entire juris- V. SPECIAL. diction of the justices so appointing him, have, exercise, and enjoy all such powers, authorities, advantages, and immunities, and be liable to all such duties and responsibilities, as any constable duly appointed now has within his constablewick (1) by virtue of the common law of this realm, or of any statute. (1 & 2 Will. 4, c. 41.) counties. 6. [Special constables, under extraordinary circumstances, may, Adjoining when authorized by two or more justices of the district in which they are acting, at the request of the justices for an adjoining county, act as special constables throughout that adjoining county.] 7. If any person, being appointed a special constable as Refusing to be aforesaid, shall refuse to take the oath herein-before mentioned, when thereunto required by the justices of the peace so appointing him, or by any two of them, or by any other two justices of the peace acting for the same division or limits [Penalty, to pay forthwith not exc. £5 (m).] sworn in; And if any person, being appointed a special constable as or to attend. aforesaid, shall neglect or refuse to appear at the time and place for which he shall be summoned, for the purpose of taking the said oath [Penalty not exc. £5 (m), unless he prove sickness or other unavoidable accident.] &c. 8. If any person, being appointed a special constable as Refusing to serve, aforesaid, and being called upon to serve, shall neglect or refuse to serve as such special constable, or to obey such lawful orders and directions as may be given to him for the performance of the duties of his office [Penalty not exc. £5 (m), unless he prove sickness or other unavoidable accident.] service. 9. [The justices who appointed the constables, or the majority Expiration of at a special session, may discontinue the services of the constables, notifying the same to the Secretary of State and lord lieutenant.] 10. [Every special constable shall, within 1 week after the Detaining staves, expiration, &c., of his office deliver to his successor or to the &c. person directed by the justices, every staff or other weapon provided for him Penalty not exc. £2 (m).] 11. If any person shall assault (n) or resist any constable Assaulting (1) See Instructions to Constables, supra, p. 149. (m) Procedure. Within 2 months (s. 15); 2 justices. Penalty enforced by imprisonment, under Small Penalties Act, if not exc. £5 with costs (Introd. p. 32); or by distress, in default imprisonment not exc. 1 month,-if the sum exceeds £5, not exc. 2 months, with or without hard labour (s. 16): Payable to the overseers for the county or similar rate (s. 15). Appeal, none. No certiorari (s. 18). (n) The penalty for assaulting a constable is extended by 34 & 35 Vict. c. 112, s. 12, supra; but this does not apply to resisting, &c. constables. V. SPECIAL (1 & 2 Will. 4, c. 41.) Militia, &c. Expenses (p). 16 & 17 Vict. c. 99. Transportation. Licence to be at large. Effect of licence. Revocation of licence. appointed by virtue of this Act, whilst in the execution of his office, or shall promote or encourage any other person so to do— [Penalty not exc. £20 (6), or he may be indicted.] 12. [Special constables shall not, by reason of their appointment, gain a settlement in the parish, or be exempt from the militia.] 13. [The justices in special session may order allowances to the constables to be paid, with the expenses of staves, &c., out of the county rate; or, in places not contributing to the county rate, out of any similar rate.] Convicts. 16 & 17 VICT. c. 99; 27 & 28 VICT. c. 47; 34 & 35 VICT. c. 112. Convicts' property, appointment of interim curator by justices, see 33 & 34 Vict. c. 23, ss. 21-23. 1-4. [Repealed.] 5-8. [Substitution of penal servitude for transportation; see also 20 & 21 Vict. c. 3.] 9. [Her Majesty, by an order in writing under the hand and seal of the Secretary of State, may grant to any convict under sentence of transportation, or punishment substituted for transportation, a licence to be at large in the United Kingdom and the Channel Islands, or that part specified in the licence, during such portion of the term, and upon such conditions (q), as to Her Majesty shall seem fit; and may revoke or alter such licence by a like order.] 10. [So long as such licence is unrevoked, such convict shall not be imprisoned by reason of such sentence, but shall be allowed to remain at large.] 11. [If Her Majesty shall revoke such licence, the Secretary of State, under hand and seal, shall signify the same to one of the metropolitan police magistrates, and shall require him to (0) Procedure. See note (m), ante, p. 157. (p) See R. v. JJ. Middlesex, 32 J. P. 661; 18 L. T. N. S. 680; S. C. R. v. JJ. of Marylebone, 37 L. J. M. C. 181; R. v. Lord Newborough, 38 L. J. M. C. 129; 10 B. & S. 586; L. R. 4 Q. B. 585; 20 L. T. N. S. 818; see also 1 & 2 Vict. c. 80, and R. v. Cheshire Lines Committee, 42 L. J. M. C. 100; L. R. 8 Q. B. 344; 28 L. T. N. S. 808; 37 J. P. 805. (a) Arrest.-Any licence holder suspected to have committed any offence, or to have broken the conditions of his licence, may be arrested by any constable (27 & 28 Vict. c. 47, s. 6); and any constable, authorized in writing by the chief officer of police, may arrest any licence holder who appears to be getting his living by dishonest means; and licence may be forfeited summarily (34 & 35 Vict. c. 112, s. 3). |