[expiration of six months from the commission of the act (r). And by the Constables Protection Act, 1750, neither he, nor those acting in aid of him, may be sued without making the justice who signed the warrant a joint defendant, and on production of such warrant at the trial of the cause, the jury shall give their verdict for the constable, notwithstanding any defect of jurisdiction in the magistrate.] Further, in some cases, before an action is brought against a constable, a demand must previously be made for a perusal and copy of the warrant under which he acted (s). Petty constables were formerly chosen by the jury at the court leet, or, if no court leet were held, then by two justices of the peace (t); but, with the object of improving the character of the force, which had in modern times. become very inadequate to the performance of its duties, it was provided, by the Parish Constables Act, 1842 (u), that the justices should annually issue precepts to the overseers of each parish in their county, not being within any borough under the Municipal Corporations Act, requiring them to return a list of a competent number of men within such parish qualified and liable to serve as constables (). In this class is included (subject, bowever, to numerous exceptions,) every able-bodied man there resident, between twenty-five and fifty-five years of age, who is rated to the poor rate or county rate, or is a tenant to the value of 47. per annum. It was further provided, by the same Act, that the justices, at a special petty sessions of the peace to be holden for that purpose, should revise the list, and choose therefrom such number (r) Gosden v. Elfick (1849), 7 D. & L. 194; Public Authorities Protection Act, 1893. (*) Constables Protection Act, 1750, s. 6. Notice before action is not now required (Public Authorities Protection Act, 1893). (t) R. v. Mosley (1835), 3 Ad. & El. 488. (u) Amended by the Parish Constables Acts, 1844, 1850, and 1872. (x) R. v. The Overseers of North Bierley (1858), El. Bl. & El. 519. As to constables in boroughs, see Municipal Corporations Act, 1882, ss. 190-196; Borough Constables Act, 1883. of persons as they should deem necessary, having regard to the extent and population of the parish; but no person who had already served was to be liable to do so again, till every other person liable should have served either in person or by substitute (y). It was also provided, that every person so chosen should serve for a year, or until another should be appointed in his stead, and, in case of his refusal to do so, should incur such penalties as in the Act provided; and fees, payable out of the poor rate, were to be allowed to the constables for the service of summonses and the execution of warrants, and for such other occasional services as the justices might think fit, according to a Table to be settled at quarter sessions, and approved by a secretary of state. Every constable appointed under the Act was, moreover, to have within his county, and also within all liberties and franchises, and detached parts of other counties situated therein, and also in every adjoining county, all the powers and privileges, and be liable to all the duties and responsibilities, which a constable before enjoyed, or was subject to, within his own constablewick, but was not to be bound to act beyond his own parish without the special warrant of a justice of the peace. But since the subsequent establishment of an efficient county police has made the statute a dead letter, it has been provided, by the Parish Constables Act, 1872, that no parish constables shall be appointed, unless for any parish in regard to which the magistrates for the county in quarter sessions determine that it is necessary; but (s. 4) paid parish constables may (on a resolution of the parish council, or meeting,) still be appointed in any parish not wholly or in part included in a borough. With regard to incorporated boroughs, which, as above observed, are exempted from the operation of the Parish Constables Act, 1842, a police or constabulary force is R. v. Booth (1848), (y) Parish Constables Act, 1850, s. 4; 12 Q. B. 884. maintained in each for the preservation of the peace. This force is appointed by, and is under the superintendence of, the watch committee of the borough (2); but as regards boroughs, not being county boroughs, which according to the census of 1881 had a population of less than 10,000, the powers and duties of the watch. committee have now ceased, and have been transferred to the council of the administrative county which comprises such borough (a). In addition to the parochial and borough police, there are also the county constabulary, under the superintendence of a chief constable, an officer formerly appointed by the justices of each county subject to the approval of the secretary of state for the home department, but now, in common with the county police, subject to the standing joint committee of the quarter sessions and of the county council (b). The Acts relating to the county police are the County Police Acts, 1839 and 1840; the County Rates Act, 1844; the County and Borough Police Act, 1856; the County Police Act, 1857; the County and Borough Police Act, 1859; the Local Government Act, 1888; and the Police Act, 1890. The earlier Act of 1839 was permissive; but in 1856 every county was required to establish such a force (c). Under the provisions of these Acts the chief constable may, subject to the prescribed approbation, appoint such other constables as may be required, and also a superintendent to be at the head of the constables in each division; and may at his pleasure dismiss any of them, subject to the rules established for the government of the force (d). (z) See the Municipal Corporations Act, 1882, repealing and reenacting the provisions in that behalf contained in 5 & 6 Will. 4 (1835), c. 76; and (as to the watch rate) 7 Will. 4 & 1 Vict. (1837), c. 81, s. 3; 3 & 4 Vict. (1840), c. 28; and County and Borough Police Act, 1859, s. 5. (a) Local 1888, s. 39. (b) Ibid. s. 9. Government Act, (c) County and Borough Police Act, 1856, s. 1. (d) County Police Act, 1839, ss. 6, 7. 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 (h) Constables Expenses Act, 1801. (i) Special Constables Acts, 1831, s. 13; and 1838; R. v. Hamilton (1868), L. R. 3 Q. B. 718; R. v. Lord Newborough (1869), ib. 4 Q. B. 585; and (as to special constables in boroughs) |