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The same Acts further provide, that the salaries and allowances of the chief and other constables, and all expenses incurred in putting the Acts into execution, shall be paid out of a police rate to be made by the joint committee of the county council and the quarter sessions; that it shall be lawful for the justices of any county, and for the council of any incorporated borough situated in or adjoining to such county, to agree together for the consolidation of the county and borough police establishments (e); and that the justices of every county, and the watch committee, if any, of each borough, or where none exists, then the county council, shall annually transmit to the secretary of state an account of the crime within such county or borough respectively. And in particular, by the County and Borough Police Act, 1856, it was provided, that her Majesty might appoint inspectors to report on the efficiency of the police (ƒ); and that on a certificate of the secretary of state that the police of any county, or of any borough, with a population amounting to five thousand, had been maintained, during the preceding year, in a state of efficiency as to numbers and discipline, a sum, in aid of its expenses, might be granted by the Treasury, not exceeding one-fourth of the charge, for its pay and clothing (g). It has now been provided, however, by the Local Government Act, 1888, that the proceeds of duties on local taxation licences (sect. 20) and four-fifths of one half of the probate duties (sect. 21) shall be paid over by the Exchequer to the local taxation account created by that Act, and that out of such moneys certain ascertained proportions shall be payable to each county council (sect. 22), and to the council of each county borough (s. 34), in lieu of the grants theretofore made out of the exchequer in aid of local rates. And the same Act (s. 24) provides that the county council shall, unless

(e) County Police Act, 1840, s. 14; Local Government Act, 1888, ss. 33, 39.

(f) County and Borough Police Act, 1856, ss. 14, 15.

(g) Sects. 16. 17.

the certificate of the efficiency of the police force is withheld, pay over or transfer to the police account of the county, or to the council of each county borough, one half of the costs of the pay and clothing of the police force of the county or county borough respectively.

There are also special constables, who are appointed by the magistrates to execute warrants on particular occasions, or to act in aid of the preservation of the peace on special emergencies, where an increase of the existing police force appears desirable (h). This office, in the absence of volunteers, is compulsory, the Special Constables Acts, 1831 and 1835, having enacted, that any two justices, upon due cause shown on the oath of a credible witness, that a tumult or riot has taken place, or may be reasonably apprehended, may, if of opinion that the ordinary officers are insufficient, appoint and swear in any persons fit for the purpose (who need not be householders, or even residents within the place for which they are to act, but must be such as have no legal exemption or incapacity from serving the office of constable) to act as special constables for a limited time, for some particular parish, township, or place. In like manner, the lord lieutenant of the county may, by direction of the secretary of state, cause special constables to be appointed to act either for the whole county, or in any portion thereof. In either case, any privilege of exemption may, by order of the secretary of state, be disallowed; and when special constables are appointed under these Acts, they have, in general, all the same powers as an ordinary constable (i).

Another branch of the police of the realm, closely connected with the subject under discussion, consists of

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watchmen, or guardians of the peace by night. These were formerly only the deputies or assistants of the constable, and were appointed by him (k); but in modern times, they have been appointed without the constable's intervention, being employed and paid by particular parishes, or sometimes by private individuals, with the view of obtaining (under special circumstances or on particular occasions) a more effectual protection to person and property than can be otherwise afforded. The authority of watchmen, in this modern sense, is recognized by law (1), -e.g., by the Lighting and Watching Act, 1833, regulations were made for the watching and lighting of any parish desirous of adopting the provisions of the Act at its own expense (m). Yet, since it is not intended that a body of watchmen thus established shall remain as a separate force in addition to the county constabulary, where this latter body is sufficient for the protection of the public, by the County Police Act, 1840, s. 20, they are, as a separate force, to be discontinued on its being notified to their inspector by the chief constable of the county, that he is ready to take the charge of the place upon himself; but (by the County and Borough Police Act, 1856, s. 19) where the population of the place amounts to fifteen thousand, the previous authority of a secretary of state is also required for the discontinuance.

Finally, it may be mentioned, that, by a long series of statutes, commencing with the year 1829 (n), a numerous and well equipped police force has been instituted and maintained for the metropolitan area, outside the ancient boundaries of the city; and that, in the city itself, there is also a force of the City Police, under the control of the corporation (o).

(k) 1 Bl. Com. 357.

(/) 2 Hale, P. C. 98; 3 Inst. 52; 9 Rep. 66.

(m) Pilkington v. Riley (1849), 6 D. & L. 628; R. v. Deverell (1854), 3 El. & Bl. 372; R. v.

Overseers of Kings-Winford, ibid., 688.

(n) See p. 615, note (o), supra. (0) 2 & 3 Vict. (1839) c. xciv.

BOOK IV.

OF PUBLIC RIGHTS-(continued).

PART II.

OF THE CHURCH.

HAVING now finished our examination of the division of public rights which concerns the civil authority, and the relations between persons who are subject to that authority, we are next to turn our attention to the division of public rights which concerns the Church, that is to say, relations and matters ecclesiastical.

The Church, on its legal side, may be defined as an institution established by the law of the land for the maintenance of religion; and in treating of it, we shall find it convenient to consider,

First, THE AUTHORITIES ESTABLISHED IN THE CHURCH; Secondly, THE LAW RELATING TO THE DOCTRINES,

WORSHIP, AND DISCIPLINE OF THE CHURCH; Thirdly, THE LAW RELATING TO ITS BENEFICES AND ENDOWMENTS; AND,

Fourthly, THE EXTENSIONS OF THE ORIGINAL ESTA

BLISHMENT, WHICH HAVE FROM TIME TO TIME
BEEN EFFECTED BY COMPARATIVELY RECENT ACTS
OF PARLIAMENT.

And, first, of the Authorities of the Church, or the Ecclesiastical Authorities.

CHAPTER I.

OF THE ECCLESIASTICAL AUTHORITIES.

THE CLERGY and the LAITY together constitute the Church. The clergy, as distinguished from the laity, are those set apart to superintend the public worship of Almighty God (including the celebration of the sacraments and of other the ceremonies of religion), and to administer spiritual counsel and instruction. They consist of such, and such only, as have been admitted into holy orders, that is to say, bishops (including archbishops), priests, and deacons (a). By the Clergy Ordination Act, 1804, it is provided (in accordance with the canons and the rubric prefixed to the office of ordination in the Book of Common Prayer), that none shall be ordained deacon under twenty-three years, nor priest under twenty-four years of age; though the Archbishop of Canterbury has the privilege of admitting deacons (by faculty or dispensation) at an earlier age, but not priests. By the 13 Eliz. (1571), c. 12, it was further prescribed, that none should be ordained either priest or deacon, without first subscribing the Thirty-nine Articles. of religion; but in lieu of this, it has now been provided, by the Clerical Subscription Act, 1865, that before ordination the priest or deacon shall make and subscribe a

(a) "Bishops, Priests, and "Deacons are the ministerial "orders known to the episcopal "establishment of England. In "the Bishop, lies the power of "ordination. Deacons, when ordained, may, licensed by the "bishop, preach and administer

66

"the rite of baptism. Priests, "by this ceremony, are further "empowered to administer the "Lord's Supper, and to hold a

benefice with cure of souls."Report on the Religious Worship of England and Wales, Dec. 1853, p. xxxiv.

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