16. Constables not to receive to their own use fees for performance of their duties. It shall not be lawful for any constable acting under this or any of the recited Acts to receive to 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 legally payable which he may be liable to account for and pay over to the clerk of supply of the county, or otherwise for the use of the county.

17. Constables disqualified from voting at certain elections. No constable appointed by virtue of this Act shall. during the time he shall continue to be such constable, or within six months after he shall have ceased to be such constable, [be capable of giving his vote for the election of a member to serve in parliament for the county in which he is so appointed, or any part thereof, or for any county adjoining thereunto, or for any royal or parliamentary burgh or town within any of the said counties; nor shall any such constable,] by word, message, writing, or in any other manner, endeavour to induce any elector to give, or to abstain from giving, his vote for the choice of any person to be a member to serve in parliament as aforesaid; and if any such constable shall offend therein he shall forfeit the sum of twenty pounds, to be recovered by any person who will sue for the same by action of debt, to be commenced within six months after the commission of the offence; and one moiety of the sum so recovered shall be paid to the informer, and the other moiety thereof to the clerk of supply of the county, to be by him applied for the purposes of the police under this Act: Provided always, that nothing in this enactment 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.*

18. Constables exempted from serving on juries, &c.-All constables holding office under this Act shall be exempt from being returned and from serving upon any juries whatsoever, or in the militia, nor shall they be inserted in any jury lists.

19. Constables not prevented from receiving half pay.-No office or employment as a constable under this Act shall prevent the holder thereof from receiving any half pay or pension to which, if he did not hold or have such office or employment, he might be or become entitled.

20. Penalty on constables for neglect of duty.-Every constable appointed under this Act who shall be guilty of any neglect or violation of duty in his office of constable, and shall be convicted thereof before the sheriff or any two justices of the peace, shall be liable to a penalty not exceeding ten pounds, the amount of which penalty may be deducted from any salary or wages due to such offender, or, in the discretion of the sheriff or justices by whom he shall be convicted, he may be imprisoned, with or without hard labour, for any time not exceeding one month.

21. Constables not to resign without leave or notice.-No constable appointed under this Act shall be at liberty to resign his office, or to withdraw himself from the duties thereof, unless expressly allowed to do so, in writing, by the chief constable or superintendent under whom he may be placed, or unless he shall give to such chief constable or superintendent one month's notice in writing of

17. The words in brackets repealed 1887.

his intention; and every constable who shall resign or withdraw himself without such leave or notice shall be liable, on being convicted thereof, to forfeit all arrears of pay then due to him, or to a penalty of not more than five pounds.

22. Constables dismissed to deliver up accoutrements, &c.-Every constable appointed under this Act who shall be dismissed from or shall cease to hold and exercise his office, and who shall not forthwith deliver over all the clothing, accoutrements, appointments, and other necessaries which may have been supplied to him for the execution of his duty to the chief constable or superintendent, or to such person and at such time and place as shall be directed by the said chief constable or superintendent, shall be liable, on being convicted thereof before the sheriff or any two justices of the peace, to imprisonment, with or without hard labour, for any time not exceeding one month; and it shall be lawful for the sheriff or any justice of the peace to issue his warrant to search for and seize to the use of the county police all the clothing, accoutrements, appointments, and other necessaries which shall not be so delivered over, wherever the same may be found.

23. Penalty on unlawful possession of accoutrements, and assuming dress of constables.-Every person, not being a constable appointed under this Act, who shall have in his possession any article, being part of 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 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, shall, in addition to any other punishment to which he may be liable for such offence, be liable, on being convicted thereof, to a penalty not exceeding ten pounds.

24. Penalty on publicans harbouring constables during the hours of duty.-If any victualler or keeper of any house, shop, room, or other place for the sale of any liquors, whether spirituous or otherwise, shall knowingly harbour or entertain any constable appointed under this Act, or permit such constable to abide or remain in his house, shop, room, or other place, to the neglect of his duty, during any part of the time appointed for his being on such duty, every such victualler or keeper as aforesaid, being convicted thereof, shall for every such offence forfeit and pay any sum not exceeding five pounds.

25. Horses, &c., in the service of the police exempted from toll.-No toll shall be demanded or taken on any turnpike road or bridge for any horse or police van, carriage, or cart, passing along such road or bridge, in the service of any police force established under the provisions of this Act; provided that the constable in charge of such horse, van, carriage, or cart, if not the chief constable, shall produce an order in writing under the hand of the chief constable, or shall have his dress according to the regulations of the police force at the time of claiming the exemption; and every person who shall fraudulently claim or take the benefit of the exemption from toll herein contained, not being lawfully entitled thereunto, shall for every such offence be liable to a penalty not exceeding five pounds, and in all such cases the proof of exemption shall be upon the person claiming the same.

26. Chief constable to make reports.-Every chief constable shall, when so required, make reports to the police committee, sheriff, and justices of the peace, and magistrates of burghs forming part of any county for the purposes of this Act, or consolidated therewith under this Act, of all matters which they shall

Rep. 1875.

respectively require of him concerning the police of the county or burgh respectively, and shall obey all lawful orders and warrants of the sheriff and justices in the execution of his duty.

27. Allowances to chief constable, &c., for necessary expenses.-In addition to the salary to be paid to the chief constable of the county, reasonable allowances shall be made to him for extraordinary expenses necessarily incurred by him, and by the constables under his orders, in the apprehension of offenders, and in the execution of his and their duty under this Act; and all such allowances shall be examined and audited, and, if not disallowed, paid by the commissioners of supply.

28. Expenses of county police to be defrayed out of police assessments.-The salaries and allowances of the chief constable and other constables, and all expenses incurred in providing them with such clothing, accoutrements, and necessaries as may be allowed by the rules to be established under this Act, and all other expenses incurred in putting this Act into execution, shall be defrayed by the commissioners of supply of the county out of the police assessments to be made and levied by them in terms of this Act.

29. Police assessments to be levied for the purposes of this Act.-The commissioners of supply of every county shall once in each year impose an assessment for the purposes of this Act, to be called "The Police Assessment," upon all lands and heritages within such county, according to the yearly value thereof, as established by the valuation rolls in force for the year of assessment, under an Act passed in the session of Parliament holden in the seventeenth and eighteenth years of Her Majesty (chapter ninety-one), "for the valuation of lands and heritages in Scotland," and otherwise in terms of the said last-mentioned Act, and that at such rate in every year as the said commissioners shall deem necessary, in order to provide sufficient funds for all the purposes of this Act, including such sum as may be requisite to cover the expenses of assessment, collection, and management, and any arrears of preceding years; and the said assessment so to be laid on in each year shall be payable, as for the period from Whitsunday in such year to Whitsunday in the year immediately following, and may be levied either on the proprietor or tenant of all such lands and heritages; but such tenant, in case of his paying such assessment, shall be entitled to deduct the amount from the rent payable by him: Provided always, that the said commissioners shall not levy assessment in respect of any dwelling house, shop, or other such premises, or any offices or outhouses connected therewith, which shall be unoccupied and unfurnished during the whole period to which such assessment applies:* Provided also, that the expenses of the period from the fifteenth day of March one thousand eight hundred and fifty-eight to the fifteenth day of May one thousand eight hundred and fifty-eight shall be deemed to be expenses of the year from Whitsunday one thousand eight hundred and fifty-eight to Whitsunday one thousand eight hundred and fifty-nine.

30. Regulations as to payment of small assessments. In the case of premises within any county not situated within the landward part of such county, let at a rent under four pounds, or for a less period than half a year, deduction shall be allowed by the said commissioners of the assessment for each entire period of six months from Whitsunday to Martinmas, or from Martinmas to Whitsunday, during which any such premises shall be unoccupied or not furnished.*

31. Commissioners of supply may grant relief for assessment in case of poverty." -The commissioners of supply of any county may, on the ground of poverty or inability of any person liable in police assessment under this Act in respect of

* See § 62 (4) of Local Government (Scotland) Act, 1889.

Repealed 1892.

Repealed 1875.

any lands and heritages in value not amounting to four pounds per annum, remit in whole or part payment of the said assessment by such person in such manner as the commissioners shall in their discretion think just and reasonable, but upon no other account whatsoever.

32. Mode of recovering assessments.-The whole powers and right of issuing summary warrants for recovery of the land and assessed taxes shall be applicable to [the rogue money and] the police assessment as hereby authorised to be assessed and levied; and sheriffs, magistrates, justices of the peace, and other judges shall grant like warrants for the recovery of [such rogue money and] such police assessment, in the like form and under the like penalties as is provided in regard to such land and assessed taxes and other public taxes; and all [rogue money and] police assessment imposed in virtue of this Act shall, in the case of bankruptcy or insolvency, be paid out of the first proceeds of the estate, and shall be preferable to all other debts of a private nature due by the parties assessed.*

33. Disputes as to assessments to be summarily settled.-Any dispute which may arise between the Commissioners of Supply of any county, or any person or persons acting under them, on the one part, and any person holding himself aggrieved on the other, relating to [any assessment of rogue money or] any police assessment under this Act which it may not be competent or convenient to try and determine in the sheriff's small debt court, shall be determined in a summary manner by the sheriff of the sheriffdom in which such dispute shall arise, or of the sheriffdom the Commissioners of Supply of which have laid on such assessment; and such sheriff shall, on a written petition being presented to him by either of the said parties, appoint them to appear before him, and shall then investigate the matter in dispute in such way as he may think proper, and decide the same summarily, and such decision shall be final, and shall not be liable to appeal, or to suspension, advocation, or reduction, or any other form of review.*

34. Recited Act, 2 & 3 Vict. cap. 65, repealed. As to assessments levied prior to passing of this Act.-The recited Act of the second and third years of Her Majesty (chapter 65) shall be and the same is hereby repealed: Provided always, that any constables appointed in any county under the said recited Act may continue to act as such constables until the appointment of constables in such county under this Act; provided also, that any assessments laid on and levied or in the course of collection under the said recited Act, prior to the passing of this Act, may be levied and applied in terms of the said recited Act as if this Act had not been made, and any surplus of such assessments beyond what may be required for the purposes of the said recited Act shall be applied to the purposes of this Act in the county from which such assessments are levied.

35. Detached parts of counties to be taken as part of the county in which locally situated.—In assessing for the purposes of this Act, the Commissioners of Supply shall assess and tax the whole county in terms of this Act, including all detached parts of other counties forming part of such county for the purposes of this Act, and excluding all detached parts of their own county forming parts of other counties for the purposes of this Act; and for the purposes of this Act all detached parts of counties shall be considered as forming part of that county by which they are surrounded, or if partly surrounded by two or more counties, then as forming part of that county with which they have the longest common boundary.

36. Sheriffs and Justices may act in detached parts of other counties locally situate within their counties.—It shall be lawful for any sheriff or justice of the peace of any county to act as sheriff or justice of the peace in all things whatsoever concerning or in anywise relating to any detached part of any other county which

* §§ 32 and 33. Words in brackets repealed by Statute Law Revision Act, 1892.

Repealed 1892.

is surrounded in whole or in part by the county for which such sheriff or justice of the peace acts; and all acts of such sheriff or justice, and of any constable or other officer in obedience thereto, shall be as good, and all offenders in such detached part may be committed for trial, tried, convicted, and sentenced, and judgment and execution may be had upon them, in like manner as if such detached part were to all intents and purposes part of the county for which such sheriff or justice acts; and all constables and officers of such detached part are hereby required to obey the warrants, orders, and acts of such sheriff or justice, and to perform their several duties in respect thereof under the pains and penalties to which any constable or other officer may be liable for a neglect of duty.

37. Contributions to be paid on account of detached parts of counties.-It shall be lawful for the Commissioners of Supply of any county, for the purpose of obtaining the sum which ought to be contributed from any detached part of any other county towards any police assessment under this Act, from time to time to issue a warrant under the hands of two or more of them, by which warrant they shall require the Commissioners of Supply of the county to which such detached part belongs to pay to them or to their collector under this Act, out of the monies collected in such last-mentioned county by way of police assessment, the amount mentioned in the warrant; and the persons to whom any such warrant shall be directed shall, within forty days from the delivery of such warrant to them, pay the amount or cause the same to be paid to the collector of the county from which such warrant shall have issued, and such collector paying the same shall be allowed therefor in his accounts with his county; and every such warrant shall specify the rate in the pound at which the sum mentioned therein shall be computed; and delivery of a copy of any such warrant, certified by the clerk of supply or collector under this Act of the county from which it emanates, to the clerk of supply or collector under this Act of the county to the Commissioners of Supply of which such warrant is directed, shall be held to be delivery of such warrant to such last-mentioned Commissioners of Supply.

38. How such contributions to be reimbursed.-For the purpose of reimbursing the collector or other person by whom any such sum shall have been paid, the Commissioners of Supply of the county to which such detached part belongs shall lay on a police assessment, at the rate mentioned in the warrant, upon such detached part of their county, and such assessment shall be levied and collected thereon in like manner as the police assessment is levied and collected under this Act by the Commissioners of Supply of any county for the expenses of the police of their own county.

39. In case of default in payment the amount may be levied directly on the detached district.-If payment shall not be made within the said forty days, according to the exigency of the warrant, or if it shall seem more convenient to the Commissioners of Supply of the first-mentioned county, it shall be lawful for them to levy the full amount of the police assessment upon any such detached part of another county in respect of which such amount is demandable; and for the purpose of levying and collecting such assessments the Commissioners of Supply of such first-mentioned county shall have within every such detached part of another county the same powers which they have for levying and collecting police assessments under this Act within the limits of their own county, and such assessments may be levied and collected by the like methods as if such detached parts of another county were to all intents part of such first-mentioned county.

40. Collector under this Act to be appointed by Commissioners of Supply.The Commissioners of Supply of every county shall from time to time appoint one or more collectors of police assessments under this Act to act during their pleasure;