quarter session or adjournment thereof, as now required by law, notice shall be given of the day and hour at which any business relating to the adoption of the provisions of this Art will be considered at such session.

5. Constables on Canals and Navigable Rivers,

Their appointment.] by stat. 3 & 4 Viet., c. 50, s. 1, reciting that "robberies and other outrages are frequently cominiffed on canals and navigable rivers throughout England and Wales, and it is expedient that power be given to appoint constables for better keeping the peace, and for the prevention and deter tion of crims along the line of such canals and rivers, and in the neighbourhood thereof;" it is enacted that "any two jus fices of the peace, of the watch committee of any incorporated borough, within their several jurisdictions, on the application of the committer or board of directors acting in the management of the affairs of the company of proprietors of any canal or navigable river, or of any clerk or agent of any such com pany, duly authorized by such committee or board of directors, may appoint so many persons as they shall think nt from among those who shall be recommended to them for that purpose by such company of proprietors, clerk, or agent, to wet as constables on and along such canal or river; and every persom so appointed shall take an oath or make a solemn declaration, in the form or to the effect, following: (that is to say,)

1, A. B., having been appointed a constable to act upon and along the [name the canal or navigable river], under the promi= sions of [here insert the title of this Act," do sueur that I will well and truly serve our sovereign Luly the Queen, in the suk office of constable, without favour or affection, malice or ill will s and that I will, to the best of my power, cause the peace to be kept, and present all offences against the peace, and that ustale I continue to hold the said office, I will, to the best of my skill, and knowledge, discharge the duties thereof faithfully according to law, No help me God,

Such oath or declaration to be administered by any ons such justice,

And all the powers hereby vested in any company of proprietors of any such caust or navigable river, may be exercised by the directors or committee of management, or other body of persons, under whatever style or name they may be known, duly authorized according to the constitution of such company to manage the affairs of such company respectively, and if there shall be no such body, or more than one such body, so that it may be doubtful by whom the said powers ought to be

* An Act to provide for keeping the pesce on canals and navigande

exercised, then by such body of persons as shall be appointed for that purpose by the proprietors at any general or special meeting of the proprietors convened for that purpose, with the like forms and notices as are required by law in each case respectively with regard to such meetings." Id. s. 20.

How and by whom paid.] "Every such company of proprietors may pay to every such constable, out of the monies and effects of the company, such salary or allowances, and at such times, and in such manner, as the company shall think fit." Id. s. 3.

Their power and duties.] "Every person so appointed, and having taken such oath or made such declaration as aforesaid, shall have full power to act as constable for the preservation of the peace, and for the security of persons and property against felonies and other unlawful acts, on such canal or river, and the towing paths and works belonging thereto, and on and within any railways, tramroads, wharfs, quays, locks, docks, landing places, warehouses, lands, and premises belonging to any such company, and in all places not more than one quarter of a mile distant from either bank of such canal or river, or from such railways, and shall have all such powers, protections, and privileges for the apprehending of offenders, as well by night as by day, and for doing all things for the prevention, discovery, and prosecution of felonies and other offences, and for keeping the peace, which any constable duly appointed has within his constablewick: provided always, that such power shall not extend to authorize any such person to act as such constable within the metropolitan police district, or the city of London and the liberties thereof, or in any places beyond the banks, towing paths, and other the premises belonging to such company, as may be situate within any other city or any incorporated borough." Id. s. 1.

And " every constable appointed as aforesaid, having just cause to suspect that any felony, or any other offence contrary to the provisions of this Act, has been or is about to be committed in or on board of any boat or other vessel lying in any such canal or river, or any lock or dock thereunto belonging, may enter at all times, as well by night as by day, into and upon every such boat or other vessel, and therein to take all necessary measures for the prevention or detection of all felonies or other offences, which he has just cause to suspect to have been or to be about to be committed, and to take into custody all persons suspected of being concerned in such felonies or other offences, and also to take charge of all property so suspected to be stolen or embezzled." Id. s. 9.

And "any such constable may take into custody, without a warrant, any loose, idle, and disorderly person, whom he shall find disturbing the public peace, or whom he shall have good

cause to suspect of having committed or being about to commit any felony, misdemeanor, or breach of the peace, or other offence contrary to the provisions of this Act, and every person whom he shall find, between sunset and the hour of eight in the morning, lying or loitering in or upon any towing-path, or in or upon any wharf, bridge, railway, quay, landing place, lock, dock, or upon the bank of any such canal or river, and not giving a satisfactory account of himself." Id. s. 10.

And "any person found committing any offence punishable upon summary conviction by virtue of this Act, may be taken into custody, without a warrant, by any constable, or may be apprehended by the owner of the property with respect to which the offence shall be committed, or by his servant, or any person authorized by him, and may be detained until he can be delivered into the custody of a constable, to be dealt with according to law; and every such constable may also stop, search, and detain any vessel, boat, cart, or carriage in or upon which there shall be reason to suspect that any thing stolen or unlawfully obtained may be found, and also any person who may reasonably be suspected of having or conveying in any manner any thing stolen or unlawfully obtained." Id. s. 11.

Neglect of duty.] "Every constable who shall be guilty of any neglect or breach of duty in his office of constable, shall be liable to a penalty not more than ten pounds, the amount of which penalty may be deducted from any salary due to such offender, or (in the discretion of the magistrate before whom such offender shall have been convicted) such offender may be imprisoned in the gaol or house of correction for the county or place in which such offence shall have been committed, with or without hard labour, for any time not more than one calendar month." Id. s. 4.

Their dismissal.] "Any two justices, or the watch committee of any incorporated borough, may dismiss any such constable who shall act within their several jurisdictions; or the company of proprietors of any such canal or river for which any such constables shall be appointed, or any clerk or agent of such company, duly authorized by the committee or board of directors of such companies, may dismiss any such constable from his office of constable; and upon every such dismissal, all powers, protections, and privileges belonging to any such person by reason of such appointment, shall wholly cease, and no person so dismissed shall be capable of being again appointed, or acting as a constable for the same canal or river, without the consent of the authority by which he was dismissed." Id. s. 2.

And "every constable, who shall be dismissed from, or shall cease to hold his office, and who shall not forthwith deliver

over all the clothing, accoutrements, appointments, and all other necessaries which have been supplied to him for the execution of his duty, to such person and at such time and place as shall be directed by the company on whose recommendation he shall have been appointed, or by any clerk or agent of such company duly authorized by the company to receive the same, shall be liable to be imprisoned in any gaol or house of correction as aforesaid, 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 such company all the clothing, accoutrements, appointments, and other necessaries, which shall not be so delivered over, wherever the same may be found." Id. s. 5.

Assaulting them.] 'Every person who shall assault or resist any constable, appointed as aforesaid, in the execution of his duty, or who shall aid or incite any person so to assault or resist, shall for every such offence be liable to a penalty not more than ten pounds, or (in the discretion of the magistrate before whom he shall be convicted) may be imprisoned in any gaol or house of correction as aforesaid, with or without hard labour, for any time not more than two calendar months." Id. s. 6.

Offences on such canals, railroads, &c.] And " every person who shall be found upon any such canal or river, or in or upon any lock, dock, warehouse, wharf, quay, or bank thereof, or on board of any boat or vessel lying or being in any such canal or river, or in any lock or dock thereunto belonging,having in his possession or under his control any tube or other instrument for the purpose of unlawfully obtaining any wine, spirits, or other liquors or goods,-or having in his possession any skin, bladder, or other utensil, for the purpose of unlawfully secreting or carrying away any such wine, spirits, or other liquors or goods,-and any person who shall attempt unlawfully to obtain any such wine, spirit, or other liquors or goods -shall for every such offence be liable to a penalty not more than five pounds, or (in the discretion of the magistrate before whom he shall be convicted) may be imprisoned as aforesaid, with or without hard labour, for any time not more than one calendar month." Id. s. 7.

And " every person who shall bore, pierce, break, cut open, or otherwise injure any cask, box, or package containing wine, spirits, or other liquors, or any case, box, sack, wrapper, package, or roll of goods, on board of any boat, vessel, or waggon, or in or upon any warehouse, wharf, quay, or bank of or belonging to any such canal or river, with intent feloniously to steal, or otherwise unlawfully obtain, or to injure the contents, or any part thereof,-or who shall unlawfully drink

or wilfully spill, or allow to run to waste, any such liquors, or any part thereof,-shall for every such offence be liable to a penalty not more than five pounds over and above the value of the goods or liquors so taken or destroyed, or (in the discretion of the magistrate before whom he shall be convicted) may be imprisoned as aforesaid, with or without hard labour, for any time not more than one calendar month." Id. s. 8.

Provided that nothing herein contained shall be construed to prevent any person from being indicted for any indictable offence made punishable on summary conviction by this Act, or to prevent any person from being liable under any other Act or Acts to any other higher penalty or punishment than is provided for such offence by this Act; so nevertheless that no person be punished twice for the same offence. Id. s. 13.

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Any person to whom any property shall be offered to be sold, pawned, or delivered, if he shall have reasonable cause to suspect that any such offence has been committed with respect to such property, or that the same or any part thereof has been stolen or unlawfully obtained, is hereby authorized, and (if in his power) is required, to apprehend and detain, and, as soon as may be, to deliver such offender into the custody of a constable, together with such property, to be dealt with according to law." Id. 8. 12.

Proceedings for penalties, &c.] Any two justices of the peace, within their several jurisdictions, shall be empowered summarily to convict any person charged with any offence against this Act, on the oath of one or more witnesses, or by confession of such person, and to award the penalty or punishment herein provided for such offence." Id. s. 14.

And, by sect. 16, the justices may cause the conviction to be drawn up in the following form of words, or to the like effect, (that is to say,)

County, city, or
borough of
to wit.

Be it remembered, that on the

day of in the

in the year of our Lord county of - A. E. is convicted before us J. P. and J. J. P., two of Her Majesty's justices of the peace for the said county, for that he the said A. E. did [here specify the offence, and the time and place when and where the same was committed, as the case may be]; and we do adjudge that the said A. E. shall for the said offence forfeit the sum of and shall pay the same immediately [or shall pay the same on or before the day of to C. D. to be by him applied according to the directions of the statute in that case made and provided. Given under our hands the day and year first above mentioned.

J. P. and J. J. P.