For that

at

Conviction, same as the last form to the asterisk, he the said A. B., on —, —, unlawfully did assault and beat one C. D., he the said C. D. being then and there a constable of the borough of - duly appointed in that behalf, and in the due execution of his duty as such constable then and there being; against the form of the statute in such case made and provided; and we do adjudge, &c. as in the last form.

Their wages, expenses, &c.] The treasurer of the borough shall pay the constables such salaries, wages and allowances, and at such times, as the watch-committee shall (subject to the approbation of the council) direct; and the council shall order to be paid any extraordinary expenses which such persons shall appear to have necessarily incurred in apprehending offenders, and executing the orders of any justice of the peace having jurisdiction within such borough, such expenses having been first examined and approved by such justice; and the said treasurer shall also pay such further sums as the watchcommittee shall (subject to the approbation of the council) award to any of the constabulary force, as a reward for extraordinary diligence or exertion, or as a compensation for wounds or severe injuries received in the performance of their duty, or as an allowance to such of them as shall be disabled by bodily injury received, or shall be worn out by length of service, and all other charges and expenses which the watchcommittee shall (subject to the approbation of the council) direct to be paid, for the purposes of the constabulary force under this act. Id. s. 82.

4. County and District Constables.

In what cases appointed.] In all cases where it shall be made to appear to the justices of the peace of any county in England or Wales, in general or quarter sessions assembled, or at any adjournment thereof, that the ordinary officers appointed for preserving the peace are not sufficient for the preservation of the peace, and for the protection of the inhabitants, and for the security of property, within the county, [or within any division of the county for which special or petty sessions of the peace are holden, or for any number of such divisions, sect. 19,] it shall be lawful for them to set forth the same, by a report in writing under the hands of the majority of the justices there present, and to declare how many constables are needed in their opinion to be appointed for the purposes aforesaid, and the rates of payment which it would be expedient to pay to the chief and other constables; and every such report shall be sent to one of Her Majesty's principal secretaries of state: Provided always, that the number

of constables shall not be more than one man for every thousand of the inhabitants according to the last parliamentary enumeration of the population for the time being, the population of the boroughs and towns, hereinafter excepted from the operation of this Act, being deducted therefrom. 2 & 3 Vict. c. 93, s. 1.

And for the purposes of this Act, all detached parts of counties, and also all liberties and franchises, (other than boroughs within stat. 5 & 6 W. 4, c. 76,) 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; and so much of every such detached part of any county, or of any liberty and franchise, which is not of itself an entire hundred, wapentake, ward, rape, lathe, or such other division of a county, shall be considered as forming part of that hundred, ward, wapentake, rape, lathe, or such other division, whereby it shall be surrounded, in the county of which it shall be considered a part for the purposes of this act, or if partly surrounded by two or more hundreds, wapentakes, wards, rapes, lathes, or such other divisions, then as forming part of that one with which it shall have the largest common boundary. Id. s. 27.

And by stat. 3 & 4 Vict. c. 88, s. 2, reciting that section, and reciting that many populous towns are situated in more than one county, and also that the boundaries of many counties are so irregular that parts thereof, although not wholly separated from the main body of the county, may yet be more conveniently united, for the purposes of the said Act, with some neighbouring county: it is enacted, "That it shall be lawful for the justices of any two or more neighbouring counties, in their several general or quarter sessions assembled, from time to time, to agree that such parts of their several counties as to them shall seem fit, shall, for the purposes of the said Act, be considered as forming part of any other of the said counties; and whenever any such district shall be so transferred, for the purposes of the said act, from one county to another, with the consent of the justices of both the last-mentioned counties, such district shall be considered, for the purposes of the said Act, as if it were detached from the county to which it belongs, and wholly surrounded by the county to which it is so transferred; and all the provisions contained herein or in the said Act, or in an Act passed in the last session of parliament, intituled An Act for the better Administration of Justice in detached parts of Counties, [2 & 3 Vict. c. 82,] respecting detached parts of counties, shall be taken to apply to such transferred districts."

But the above Act (2 & 3 Vict. c. 93) shall not extend to any borough incorporated under stat. 5 & 6 W. 4, c. 76, or under any charter granted in pursuance of the said Act; nor shall any

such borough for which a separate court of quarter sessions of the peace shall be holden, be liable to contribute to the expenses of this Act, or to be charged with any part thereof in their account with the treasurer of such county. 2 & 3 Vict. c. 93, s. 24.

Also, notwithstanding any thing herein contained, the power to appoint and pay, and to make and levy rates for paying constables, under any Act of parliament made for watching any town, parish, or place, which by the last parliamentary enumeration of the population contained more than ten thousand inhabitants, shall continue, as if this Act had not been made, for two years after the passing of this Act, and thence until the end of the then next session of parliament. Id. s. 26. But in all other places, upon the appointment of constables under this act in any county, or in any division or divisions of a county, the power to appoint and pay, and to make rates for paying, any constables, in any hundred, parish, township, or place within such county, division or divisions, (other than high constables or special constables,) and all the powers and duties of such constables, shall cease and determine. But nothing herein contained shall prevent or invalidate the appointment of parochial constables; also nothing herein contained shall prevent the appointment of any constable to act as returning officer in any election, whenever such appointment may be necessary. Id. s. 25.

Police districts.] By stat. 3 & 4 Vict. c. 88, s. 27, reciting that the number of constables needed may be different in different parts of the same county: it is enacted, That "the justices of the peace for any county, in general or quarter sessions assembled, if they shall be of opinion that a distinction ought to be made in the number of constables appointed to keep the peace in different parts of the county, may divide the county or any part thereof into police districts, consisting of such parishes and places, or parts of parishes and places as shall appear to them most convenient, and to declare the number of constables which ought to be appointed for each police district, and from time to time to alter the extent of such police districts, and the number of constables to be appointed for each; and a report of every such proposed division or alteration, and of the number of constables proposed for each police district, with an estimate of its extent and population, and of any other circumstances upon which the determination of the justices shall have been grounded, shall be sent to one of Her Majesty's principal secretaries of state, and, if approved by the secretary of state, such division or alteration shall be deemed to be completed."

And "if the secretary of state shall approve of such division of the county or of any part thereof into police districts for the

purpose aforesaid, the expense of putting the said Act into execution in such county or part of such county shall be classed under two heads, of general expenditure and local expenditure, and the general expenditure shall be defrayed in common by all the districts, and the local expenditure, consisting of the expense of the salaries and clothing of the constables appointed for each district, and such other expenses as the justices, subject to the approval of the secretary of state, shall direct to be included under this head, shall be defrayed by each police district separately; and the police-rates shall be assessed and levied in each police district accordingly: provided always, that, notwithstanding the division of any county or part of any county into police districts, the constables of all such districts shall continue as part of the same force, and be subject to the same authority, and be liable, if required, to perform the same duty, in any part of the county or elsewhere, as if no such division into police districts had been made." Id. s. 28.

And "in case the justices of any county shall not resolve on appointing constables, under the said Act of the last session, for the whole of their county, it shall be lawful for them, if they shall think fit, in general or quarter sessions assembled, to form any number of contiguous parishes, townships, or places into a division, so that such division contain not less than twenty-five thousand persons, according to the last census for the time being, and to appoint constables under the said Act for every such division; and all provisions of the said Act as amended by this Act, and of this Act, relating to the appointment of constables for any division or divisions for which special or petty sessions of the peace are holden, or relating to police districts, shall be deemed to apply to the police divisions so formed." Id. s. 29.

Appointment of the chief constable.] As soon as any rules shall have been received from the secretary of state (as mentioned in sect. 3, post, p. 329,) the justices of the county in general or quarter session assembled, or at any adjournment thereof, shall, subject to the approval of the secretary of state, appoint a person, duly qualified according to the rules, to be chief constable of the county, and, in every case of vacancy of the office, shall, subject to the like approval, appoint another fit person in his room; and every chief constable so to be appointed may hold his office until dismissed by the justices in general or quarter session assembled, or at any adjournment thereof; but when any county shall have been divided for the purpose of returning members to serve in parliament for each division, it shall be lawful to appoint two chief constables for such county, if the justices of such county shall think fit; also, it shall be lawful to appoint the same chief constable for

two or more adjoining counties or parts of counties, if the justices of such counties in general or quarter session assembled shall mutually agree to join in such appointment. 2 & 3 Vict. c. 93, s. 4.

And by stat. 3 & 4 Vict. c. 88, s. 25, in any county in which two chief constables shall have been appointed under the authority of the above Act, the justices of the said county, if they shall think fit, in general or quarter session assembled, may order that separate accounts shall be kept of the expenses of the force placed under the authority of each chief constable, and that the police-rates shall be assessed and levied separately, upon the districts of each chief constable, and applied separately to the expenses of the police force maintained therein.

And every chief constable shall, on the first day of every month, transmit to the clerk of the peace for the county for which or for some district whereof, such constable shall act, a return showing the actual disposition and number of the constabulary force of the county or district for which such constable shall act, during the preceding month, which return shall specify the changes made from time to time in such force as well in number as by name, and shall distinguish by number and name the members of the police force of any other district serving within his district; and the clerk of the peace shall cause the said return to be laid before the justices at the next ensuing quarter sessions for examination. 3 & 4 Vict. c. 88, 8. 31.

Deputy chief constable.] And the chief constable shall, subject to the approval of the justices in general or quarter sessions assembled, or at any adjournment thereof, appoint one of the superintendents to act as his deputy, in case of his being incapable, from illness or necessary absence from the county, to perform the duties of chief constable; and the deputy so appointed shall, in such case as aforesaid, and also in case of any vacancy of the office of chief constable by death or otherwise, have all the powers, privileges, and duties of the chief constable but no such deputy shall continue to act with the powers of chief constable during any vacancy of the office, for more than three calendar months after the vacancy has been occasioned. 2 & 3 Vict. c. 97, s. 7.

Superintendents.] By stat. 3 & 4 Vict. c. 88, s. 26, reciting that it hath been found unnecessary that a superintendent be appointed for every petty sessional division of a county in which the first recited Act has been adopted: it is enacted, that the justices in general or quarter session assembled, may, with the approval of one of Her Majesty's principal secretaries of state, direct how many of the constables shall be appointed superintendents, and direct the appointment of inspectors and