serjeants and other subordinate officers, with such gradations of rank and pay and such variety of duties as shall be found expedient; and the justices may make such orders as to them shall appear expedient touching the attendance of the superintendents, inspectors, serjeants, or other subordinate officers among the said constables upon the justices at their several sessions. 3 & 4 Vict. c. 88, s. 26.

And every superintendent appointed under this Act, shall, on the first day of every month, send to the chief constable a return showing the actual disposition and number of the constables of the county under his superintendence during the preceding month, which return shall specify the changes made from time to time therein, as well in number as by name; and the chief constable shall send a copy of all such returns to the clerk of the peace for the county, to be laid before the justices of the peace at their next general or quarter sessions of the peace. Id. s. 32.

Appointment of the petty constables.] And, subject to the approval of two or more of the justices of the county in petty sessions assembled, the chief constable shall appoint the other constables to be appointed for the county, and a superintendent to be at the head of the constables in each division of the county, and at his pleasure may dismiss all or any of them, and shall have the general disposition and government of all the constables so to be appointed, subject to such lawful orders as he may receive from the justices in general or quarter session assembled or at any adjournment thereof, and to the rules established for the government of the force. 2 & 3 Vict. c. 93, s. 6.

And 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 so to do, 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 calendar month's notice of his intention; and every constable who shall so resign or withdraw himself without such leave or notice, shall be liable, on being convicted thereof before any two justices of the peace for the county, to forfeit all arrears of pay then due to him, or to a penalty of not more than five pounds. Id. s. 13.

Also, all chief or other constables appointed under this Act, shall be restrained from employing themselves in any office or employment for hire or gain, other than in the execution of their duties under this Act, and shall be exempt from being returned and from serving upon any juries or inquest whatsoever, or in the militia, nor shall they be inserted in any jury lists while they shall continue to be such constables. Id. s. 10.

And 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 before any two justices of the peace for the county, to a penalty of not more than ten pounds. Id. s. 15.

How regulated.] And whereas it is expedient that the rules for the government, pay, clothing, and accoutrements, and necessaries of such constables as may be appointed under this act, be uniform, as nearly as it may be; be it enacted, that rules shall be from time to time made by one of Her Majesty's principal secretaries of state, but not so as to increase the number of men proposed to be appointed; and the rules so made shall be sent to the clerk of the peace for each county in which or in any division of which this Act shall be in operation; and it shall be lawful for the secretary of state, upon the representation of the justices of the county setting forth any special reasons, to amend or add to such rules so as to make them applicable to the special circumstances of such county, and all such rules shall be binding on all persons whom they may concern; and copies of all such rules shall be laid before both houses of parliament within six weeks after the making thereof, if parliament is then sitting, and if parliament is not sitting then within six weeks after the next meeting of parliament. Id. s. 3.

Station-houses.] By stat. 3 & 4 Vict. c. 88, s. 12, the justices in general or quarter session assembled of any county in which or in any part of which constables shall be appointed under the first-recited Act, may, if they think fit, order that stationhouses and strong rooms, or either of them, for the temporary confinement of persons taken into custody by the constables, be provided in such places as the said justices shall think fit, and upon such plan as shall be approved by one of Her Majesty's principal secretaries of state, and for that purpose may purchase and hold lands and tenements, or appropriate to that purpose any lands or tenements belonging to the county which are not needed for the purpose to which they were applied or intended to be applied before such appropriation: and the ex

pense of building, hiring, or otherwise providing, repairing, and furnishing such station-houses and strong rooms shall be defrayed out of the police-rates.

And the justices in general or quarter session assembled may borrow money for the purpose of purchasing any such lands and tenements, or of building any such station-houses and strong rooms, and to charge the future police-rates with the amount of the loan, and with interest thereon: provided always, that any money borrowed for such purpose shall be repaid by yearly instalments, not less than one-twentieth part of the sum borrowed, with interest on the same, in any one year. Id. s. 13.

Their exemption 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 the police establishment under the provisions of the said 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 of not more than five pounds; and in all such cases the proof of such exemption shall be upon the person claiming the same. 3 & 4 Vict. c. 88, s. 1.

Their powers and duties.] The chief constable and other persons so appointed, shall be sworn as constables before a justice of the county, and shall have all the powers, privileges, and duties throughout the county, and also in all liberties and franchises and detached parts of other counties locally situated within such county, and also in any county adjoining to the county for which they are appointed, which any constable duly appointed has within his constablewick by virtue of the common law, or of any statute made or to be made; and every provision of stat. 1 & 2 W. 4, c. 41, [as to special constables, see post, p. 350,] shall be deemed to extend to the constables appointed under this Act, except as to the manner of their appointment and dismissal, the time for which they shall serve, and the manner in which their allowances shall be paid, or as to any matter herein expressly otherwise provided. 2 & 3 Vict. c. 93, s. 8. See Jones v. Nicholls and Roberts, 13 Mees. & W. 361. As to any other duties, they will of course be specified in the rules mentioned in sect. 3, ante, p. 329.

And by stat. 3 & 4 Vict. c. 88, s. 33, whenever a warrant of commitment of any person to any gaol or house of correction, shall be directed and delivered to any constable, in any county

in which constables shall have been appointed under the said Act of the last session of parliament, it shall be lawful for the justice or justices by whom such warrant shall be signed, if he or they shall think fit, in and by such warrant, to command the constable to whom the warrant is directed, and all other constables to whom the warrant shall be successively delivered as herein-after provided, to convey and deliver the body of the person so committed, with the warrant, into the custody of the constable who shall be in attendance at the nearest or most convenient station-house or strong room belonging to the said police force lying in the way towards the said gaol or house of correction, or to such other constable as shall be appointed by the regulations of the police force to take charge of persons so committed; and every constable, into whose custody any such person shall be so successively delivered, shall endorse upon the warrant a certificate in writing under his hand of the delivery of such person into his custody, and the time and place of such delivery, and such certificate shall discharge the constable so delivering over the body of such person from further execution of the warrant; and it shall be lawful for any constable into whose custody such persons shall have been so delivered, to complete the execution of the warrant, by conveying and delivering the body of such person either to the said gaol or house of correction, or into the custody of the constable in attendance at the next station-house or strong room as aforesaid, or to such other constable as shall be appointed by the regulations of the police force to assist in taking charge of persons so committed; and every constable into whose custody any person shall be so delivered, and who shall have endorsed such certificate upon the warrant, shall have the same powers, privileges and protections for and in the execution of such warrant, as if the same had been originally directed to him by name,

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 any two justices of the peace for the county, shall be liable to a penalty of not more than ten pounds, the amount of which penalty may be deducted from any salary then due to such of. fender; or in the discretion of the justices by whom he shall be convicted, he may be imprisoned, with or without hard labour, for any time not more than one calendar month, 28 3 Viet, e, 93, s. 12,

Publicans harbouring them.] And 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 belonging to the said force, or

permit such constable to abide or remain in his house, shop, room, or other place, during any part of the time appointed for his being on duty: every such victualler or keeper as aforesaid, being convicted thereof before any two justices of the peace for the county, shall for every such offence forfeit and pay such sum, not exceeding five pounds, as they shall think meet. Id. s. 16.

Their dismissal.] The chief constable, we have seen, may be dismissed by the justices in quarter sessions; ld. s. 4, see ante, p. 326; and the petty constables may be dismissed by the chief constable. Id. s. 6. See ante, p. 328. And 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 any two justices of the peace for the county, to imprisonment, with or without hard labour, for any time not exceeding one calendar month; and it shall be lawful for 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 shall be found. Id. s. 14.

And by stat. 3 & 4 Vict. c. 88, s. 24, "if justices of the peace of any county, in general or quarter sessions assembled, shall be of opinion that the constables appointed under the firstrecited Act or under this Act are no longer needed in their county, it shall be lawful for the justices assembled as aforesaid to report that opinion to one of Her Majesty's principal secretaries of state, six months' notice of the intention to propose that such report be made having been first given as is by the said Act provided with regard to any business relating to the adoption of the said Act; and if three-fourths of the justices assembled at any such general or quarter sessions of the peace, after such notice given, shall resolve upon making such report, and such report shall be approved by one of Her Majesty's principal secretaries of state, the said constables shall be discontinued at such time as shall be mentioned in the report; and any balance of monies which shall have been raised for the purposes of the said Act, after payment of all expenses legally chargeable thereon, shall be carried to the account of the county-rate."

Consolidation of the borough and county police.] By stat. 3 & 4 Vict. c. 88, s. 14, "the justices of any county in which