Repealed 1900.

72. Commissioners vacating office to vacate other municipal offices.-Where any councillor or Commissioner vacates his office as such either voluntarily or under any statutory provision, such councillor or Commissioner shall cease to hold any office, whether that of magistrate or otherwise, which he may hold or has been appointed to in virtue of his being a councillor or Commissioner; and the place of such magistrate or officer shall be filled in the manner provided in section twenty-five of the Act third and fourth William the Fourth, chapter seventy-six, and section twenty-three of the Act third and fourth William the Fourth, chapter seventy-seven.

SURVEYOR, INSPECTOR, AND MEDICAL OFFICER OF HEALTH.

73. Surveyor.-The Commissioners shall from to time appoint a person duly qualified to act as a surveyor of the paving and drainage and other works authorised under the provisions of this Act, and who shall be called the burgh surveyor.

74. Inspector of cleansing.-The Commissioners may appoint an inspector of cleansing to superintend and enforce the due execution of all duties to be performed by the scavengers appointed under this Act, and to report to the Commissioners any breach of the provisions of this Act, or other Acts or byelaws herein referred to, and the Commissioners shall duly publish the name of any inspector of cleansing appointed by them, and shall require him to provide and keep a book, in which shall be entered all reasonable complaints made by any inhabitant of the burgh of any breach of the provisions of this Act, or of the byelaws made by the Commissioners, and the inspector of cleansing shall forthwith inquire into the truth of such complaints, and report upon the same to the Commissioners at their next meeting; and such report, and the order of the Commissioners thereon, shall be entered in the said book, which shall be kept at the office of the Commissioners, and shall be open at all reasonable times to the inspection of any householder, elector of the burgh, or other person interested, and the Commissioners may also appoint an inspector of lighting.

75. Sanitary inspector.-The Commissioners shall appoint a sanitary inspector, subject to the provisions of the Public Health Acts, whose duty it shall be to superintend and enforce the sanitary provisions of such Acts and this Act.

76. Same person may be surveyor and inspector.—The Commissioners may, if they think fit, appoint the same person to fill any two or more of the offices in the three immediately preceding sections mentioned.

77. Medical officer of health.-(1.) The Commissioners shall appoint a medical officer of health who shall be a registered medical practitioner, and who shall also, if appointed after the fifteenth day of May, one thousand eight hundred and ninety-four, be registered on the Medical Register as the holder of a diploma in sanitary science, public health, or state medicine, under section twenty-one of the Medical Act, 1886.

(2.) It shall be the duty of the medical officer to ascertain the existence of disease within the limits appointed to him, especially of all infectious diseases, and to point out any local causes likely to occasion or continue such diseases, or otherwise injure the health of the inhabitants, and to point out the best means of checking or preventing the spread of such diseases, and from time to time, as required by the Commissioners, to report to them upon the matters aforesaid, and to perform any other duties of a like nature which may be required of him, as well as all duties pertaining to medical officers under the Public Health Acts.

(3.) The Commissioners shall make byelaws for regulating the duties of the medical officer of health and the sanitary inspector, subject to the approval of the Board of Supervision, in manner provided by the Public Health Acts. The burgh surveyor, inspector of cleansing, inspector of lighting, sanitary inspector, and medical officer of health shall hold office during the pleasure of the Commissioners, but as regards the two last-mentioned officers subject to the provisions of section fifty-four of the Local Government (Scotland) Act, 1889.*

PART III.-POLICE FORCE.

CHIEF CONSTABLE AND CONSTABLES.

78. Appointment of chief constable and of constables.-The Commissioners of burghs which, at the date of the last census, had a population of not less than seven thousand, and at the date of the passing of this Act maintain a separate police force, and of burghs which, at the date of the last census, had a population of not less than twenty thousand, and of any burgh with respect to which it shall be at any time proved to the satisfaction of the sheriff on the application of the Commissioners of such burgh that it has a population of not less than twenty thousand, shall from time to time appoint a chief constable, at a fixed annual salary, who shall not be removable or subject to have his salary diminished by the Commissioners, unless with the approbation of the chief magistrate of the burgh and the sheriff, or, in case of their differing in opinion, of the Secretary for Scotland, but may be suspended by the magistrates with consent of the sheriff for a definite period pending any inquiry instituted with a view to his removal; and as often as such Commissioners shall fix the number of constables which they shall judge to be necessary for the burgh, and the rank and designation of such constables, the said chief constable shall appoint proper persons for the duty, subject (so long as any contribution is made from public funds towards the expenses of the police force of the burgh) to such regulations as may be made from time to time by the Secretary for Scotland, and shall have power to direct their distribution within the burgh, and to suspend or remove them at pleasure; and the chief constable may also be appointed to any one or more of the offices of burgh prosecutor, burgh surveyor, inspector of cleansing, inspector of lighting, sanitary inspector, and fire master.

It shall be lawful to appoint the same person to be chief constable for two or more adjoining burghs, whether situated in one or more counties, if the Commissioners of such burghs shall agree to join in such appointment; and the chief constable of a burgh may, if the Commissioners shall agree to join in such appointment, be appointed, by the standing joint committee of the county, chief constable of the county in which such burgh is wholly or partly situated, or of any county closely adjacent; and the chief constable of a county or any superintendent of a division of the county may, if the standing joint committee of the county shall agree to join in such appointment, be appointed chief constable of any burgh situated within or closely adjacent to such county or division of a county; and in like manner it shall be lawful for the chief constable of a county, with the sanction of the standing joint committee, to appoint the chief constable of any burgh, situated within or closely adjacent to any division of the county, to be superintendent at the head of the constables of such division of the county, if the Commissioners of the burgh shall agree to join in such appointment.

Provided that nothing herein contained shall be taken to prevent the consolidation of county and burgh police establishments in terms of the Police Act, 1857, and the provisions of the said Act as regards consolidation shall apply to all burghs which, at or after the passing of this Act, have, or are entitled to have, a separate police force.

* See 1903 Act, Schedule.

If the Commissioners fail of their own accord, or on the requisition of the sheriff of the county, within three months after such requisition, to appoint a chief constable, or to fix the number of constables for the burgh, or should the chief constable, if appointed, fail from any cause to appoint a sufficient number of constables for the burgh, the sheriff shall in any such case make a representation to the Secretary for Scotland, who shall inquire and report thereon to Her Majesty in Council; and it shall be lawful for Her Majesty, with the advice of Her Privy Council, by Order in Council, to ordain the Commissioners of such burgh to appoint a chief constable, and to fix the number of constables for the burgh, and otherwise to give effect to this enactment. The police of the burgh, so long as it is reported efficient by Her Majesty's Inspector of Constabulary for Scotland, shall be certified and treated as an efficient police force under the Police Act, 1857, and for the purposes of that Act the burgh shall not be deemed to form part of the county in which it is situated.

For the purposes of this section the burgh of Renfrew, and the police burgh of Lerwick, shall be deemed each to have had at the date of the last census a population of not less than seven thousand.

79. Declaration by constables.-The chief constable and other constables so appointed shall before a magistrate make the following declaration, videlicet, "I hereby do solemnly, sincerely, and truly declare and affirm that I will faithfully discharge the duties of the office of constable."

80. Powers of constables.—The chief constable and constables shall have all the powers and privileges which any constable or police officer duly appointed has, by virtue of the common law or by statute, in the burgh for which they are so appointed, and in any county in which such burgh is wholly or partly situated, and in any burgh contiguous or adjacent to such burgh, and in any harbour, bay, loch, or anchorage within or adjoining such burgh or county.

81. Police arrangements for other burghs.-All other burghs shall be supplied with constables by the counties in which they are situated, under the provisions of the Local Government (Scotland) Act, 1889, or in the option of the Commissioners of the burgh under the provisions hereinafter contained, and in the latter case the chief constable of the county, in making his arrangements for distributing the constables within the county, shall, on the requisition of the Commissioners of such burghs, appoint as constables for the burgh all or any one or more of the county constables, who in virtue of such appointment shall, in addition to the powers of, and duties incumbent on them as county constables under the Police Act, 1857, have all the powers of, and shall perform all the duties incumbent on them as constables under this Act; and such chief constable shall also appoint one of the said constables to be stationed in the burgh, and to hold the position of chief officer of police in the burgh; and such chief officer of police shall, for the purposes of this Act, and subject to the control and orders of such chief constable, and of any officers having by special authority of such chief constable the duty of supervising the constabulary force stationed within the burgh (but only so long as his appointment by the chief constable continues in force), hold the position of chief constable in the burgh, and possess all the powers (except that of appointing, distributing, suspending, removing, or imposing fines on constables), and be entitled to act in all other respects as other chief constables appointed by the Commissioners under this Act, and all the powers and authority conferred on chief constables appointed by the Commissioners under this Act shall be held, and may at his pleasure be exercised by the chief constable of the county, and by any officers having special authority as aforesaid; and the expenses to be incurred in carrying out this arrangement shall be borne and disbursed by the county council of the county; and it shall be lawful

for the Commissioners of such burghs from time to time during pleasure, with the consent of the standing joint committee of the county, to appoint such chief officer of police to any office in the burgh which it would be competent for the chief constable of a burgh to hold; and it shall also be lawful for the Commissioners of such burghs, and they are hereby required, to contract with and agree to pay out of the burgh general assessment to the county council of the county in which the burgh is situated, such sums as may from time to time be found requisite for the constabulary service within the burgh, as the same may be agreed on between themselves and the standing joint committee of the county, or failing such agreement as aforesaid as shall be fixed by the sheriff after hearing parties, aud whose decision shall be final, and the expense defrayed by the county council under the two heads of general expenditure and local expenditure for the police in the said burgh shall be paid to the county treasurer out of the burgh general assessment, which payment shall be regulated and determined in accordance with the provisions of section fifty-nine of the Police Act, 1857, and so long as the sums, either fixed by agreement or determined as aforesaid, are duly paid by the Commissioners of such burghs, all the powers to assess for the purposes of the said Police Act, 1857, within the burgh for which the same are paid shall be suspended; and the chief magistrate of such burgh shall be ex-officio a justice of the peace, and a Commissioner of Supply, of each and all of the several counties in which any part of such burgh may be situate; and so long as such contract or arrangement subsists, it shall be lawful to act upon it, although the population may, according to the last census for the time, amount to twenty thousand or upwards; but without prejudice, in that event, but in that event only, to the Commissioners terminating the contract, after twelve months' notice, and themselves appointing a chief constable, and having constables, as in the case of burghs having a popula tion of twenty thousand or upwards, in which case all the powers of assessment within the burgh for the purposes of the said Act shall thereafter cease and determine.

Provided always, that section seventy-three of the Police Act, 1857, shall from and after the commencement of this Act be read and construed as if after the words "any burgh being a royal or parliamentary burgh or burgh of barony or regality" therein occurring the words "or police burgh" were therein added.

82. Additional number of constables for burghs temporarily.-Where in any burgh there is, during part of the year, a large increase of the population, either for the purposes of trade or for recreation and health, whereby, or for any other reason, it is necessary or expedient to have an additional number of constables in such burgh, it shall be lawful for the chief constable of the county in which such burgh is situated, or of any other county, with the consent of the standing joint committee of the county, or the chief constable of any other burgh, with the consent of the magistrates, on the application of the Commissioners of such burgh, accompanied, if so required, with a satisfactory undertaking to pay the expenses after mentioned, to direct the constables of such county or burgh respectively to proceed to and act temporarily as constables in such burgh; and such constables during the time they are so doing duty in such burgh, shall have all the powers and perform all the duties of constables in such burgh; and the expenses to be incurred in sending the constables to, and bringing them back from, such burgh, and the remuneration for the services of the constables, and all expenses incident to such services, shall form a charge against such burgh, and the Commissioners thereof shall pay the same out of the burgh general assessment of such burgh; and in case of dispute, the amount thereof shall be ascertained and fixed by the sheriff in a summary manner, whose decision shall be final. Provided that the chief constable of any burgh may, with the sanction of the chief magistrate, appoint additional constables to act within such burgh on any special occasion or for such period for which such additional constables may be deemed by him to be necessary,

and such additional constables so appointed shall have all the powers of police constables.

83. Power to detach constables to other places.-On the requisition of the sheriff of any county or chief magistrate of any burgh in Scotland, the chief constable of any burgh or chief constable of any county shall, if so directed by the magistrates of the burgh or the standing joint committee of the county respectively, or in case of urgency by the acting chief magistrate or the chairman of the standing joint committee respectively, detach constables to act in other counties or burghs, guarantee being obtained for outlay and expense, and also a reasonable sum for the services of the constables, and also for provision in case of constables being injured or killed; and during the time they are so doing duty in other counties or burghs, the constables shall have all the powers and perform all the duties of the constables in such counties or burghs respectively; and further, on the requisition or order of the Secretary for Scotland, the chief constable of any burgh or the chief constable of any county shall have power to supply a certain portion of the police force under his charge for any special or temporary duty or service elsewhere within Scotland, the proportion from any one force not to exceed ten per centum, and the expense to be defrayed by the force requiring the extra police assistance.

84. Constables may execute warrants.-All warrants and deliverancies by any Lord Commissioner of Justiciary, sheriff, magistrate, justice or justices, court, or other lawful authority which may be issued in any criminal proceeding may be served and executed, and all services, citations, and executions in any such criminal proceeding may be made and given by the chief constable or by any constable appointed under this Act.

85. Constables to account for fees.-It shall not be lawful for any constable acting under this Act to receive for his own use any fee for the performance of any act done by him in the execution of his duty as such constable; but this enactment shall not extend to prevent the receipt by any such constable of any fee or other payment which he may be liable to account for or pay over to the Commissioners, or otherwise for the use of the burgh.

86. Duties of chief constable and constables.-It shall be the duty of the chief constable, and of the constables to be appointed by him, to guard, patrol, and watch within the burgh, according to the regulations to be prescribed by the chief constable, under the control of the Commissioners; and it shall be lawful for the said chief constable, or any constable of police, without any other warrant than this Act, to apprehend and to bring before the magistrates of police all persons actually committing any criminal, riotous, or disorderly act, or accused or suspected of having committed crimes, delinquencies, or offences, of whatsoever description, and at what place and period soever the same may have been or are suspected to have been committed, whether the same be of such a kind as can be competently tried before the magistrates of police, or be of a nature requiring to be remitted for trial before another tribunal, or which, from having been committed beyond the bounds of the burgh, fall to be tried in another jurisdiction; and the chief constable and constables shall obey the orders of the magistrates, and at all times afford their aid and assistance to the magistrates, and to all other judges and magistrates having jurisdiction within the burgh, in all matters relating to the preservation of peace and good order, the suppression of nuisances, and the removal of obstructions within the burgh, and shall enforce the observance of all byelaws, orders, rules, and regulations made or to be made by the Commissioners, and they shall give attendance at the police courts of the burgh, and, when required, at all meetings of the Commissioners or their committees, and furnish them with all explanations relating to matters falling within their several departments of duty.