His Majesty person to be of all monies the purposes who shall give security. plaint, or by binding the party over to answer the matter thereof at the sessions, or otherwise, the recognizance for the appearance of the party before a justice shall be discharged without fee or reward. 10. And be it enacted, that it shall be lawful for may appoint a his Majesty to appoint a proper person to receive the receiver all sums of money applicable to the purposes of this applicable fo Act, who shall be called "the receiver for the meof this Act, tropolitan police district;" and his Majesty may remove any such receiver, if he shall see occasion so to do, and may upon any vacancy in that office, by death, removal, or otherwise, appoint another person to be such receiver; and the receiver for the time being shall give security to his Majesty, in a bond, with two sureties, in such sum as the commissioners of his Majesty's treasury of the United Kingdom of Great Britain and Ireland shall direct, such bond to be conditioned for the faithful performance of his duty by such receiver, and for the due application of all monies paid to him under this Act; and the receiver for the time being shall the Bank of receive all sums of money applicable to the purposes England, and of this Act, and shall keep an exact and particular the receiver. account thereof, and shall immediately pay all The money to be placed in drawn out by of monies, bills, and notes by him received under this Act into the hands of the governor and company the Bank of England; and the same shall be placed to an account in the books of the said governor and company, which shall be entitled "the account of the public monies of the receiver for the metropolitan police district," inserting the name of the receiver for the time being; and the said receiver shall draw out of the bank from time to time such drafts to be sums of money as may be necessary for the payment of the salaries, wages, and allowances to be paid as herein-after mentioned to the persons belonging to the police force appointed under this Act, and also for the payment of all other charges and expenses in carrying this Act into execution; and every draft or order for money on the Bank of Receiver's England drawn by the receiver shall be counter- countersigned by one of the justices appointed under this Act; and all drafts and orders so drawn and countersigned, but not otherwise, shall be a sufficient authority to the bank to pay the amount thereof to the persons named in them, or to the bearers of them. signed. accounts to be 11. And be it enacted, that the receiver shall Receiver's account for the due application of all monies so to audited. be drawn by him out of the Bank of England, and shall, once in every six months, and oftener if required by one of his Majesty's principal secretaries of state, make out and sign a full and particular account of all monies which shall have been received by him under this Act, and how much thereof hath been paid by him, and for what purposes, together with proper vouchers for the receipts and payments; and such account shall be delivered, for the purpose of being examined and audited, either to the commissioners for auditing the public accounts of this kingdom, or to any other person or persons whom such principal secretary of state may from time to time direct; and the receiver, if directed to account before the said commissioners, shall be subject to the same regulations and penalties in that respect as any public accountant. Salary of receiver. wages of po. regulated by of state. 12. And be it enacted, That the receiver, out of the monies so received by him, shall be allowed a yearly salary not exceeding seven hundred pounds, Salaries and to be payable quarterly; and the receiver, out of licemen to be the same monies, shall from time to time pay to the the secretary persons belonging to the police force appointed under this Act such salaries, wages, and allowances, and at such periods, as one of his Majesty's principal secretaries of state shall direct, and also any extraordinary expenses which they shall appear to have necessarily incurred, in apprehending offenders and executing the orders of either of the justices appointed under this Act, such expenses being first examined and approved of by one of the said jusRewards for tices; and the receiver shall likewise pay any superannua further sums which such principal secretary of state shall direct to be paid to any of the persons belonging to the said police 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 he shall also pay all other charges and expenses which such principal secretary of state shall direct to be paid for carrying this Act into execution (g). activity, and tion allow ances. (g) Where a person had published a hand-bill offering a reward to any one who should give such information as should lead to the conviction of certain parties concerned in an offence, and being sued on this promise, he pleaded that the plaintiff was a police constable of the district, and that it was his duty to give such information; it was held by the Court of Q. B., on demurrer, per Lord Denman, that there might be a consideration for such a promise beyond the performance of the ordinary duty death or re ceiver, the 13. And be it enacted, That upon the death, re- Upon the signation, or removal of any receiver appointed under moval of rethis Act, the balance of cash for which he shall at balance of that time have credit on his account, as receiver, bank shall be with the of the Bank of Eng- his successor. and of the constable; England v. Davidson, Law Journal, 287, September, 1840. It was urged for the defendant, that the validity of a promise to give a reward to a peace officer for activity in the discharge of his duty, would be contrary to the policy of the law. It was said that it was the duty of constables to endeavour to take felons; Com. Dig. Leet, M. 9; and to see that hue and cry be pursued from town to town against them ; ib. pl. 10; and he is punishable under various statutes for neglecting to use his best endeavours for their apprehension; ib. Justice of Peace, B. 70; it was also said that no action would lie at the suit of a sailor, on the promise of the captain to pay him extra wages, in consideration of his doing more than his ordinary share of duty; Harris v. Watson, Peake, N. P. C. 72; Stilk v. Myrick, 2 Camp. 317; and the same principle was recognised in Newman v. Walters, 3 Bos. & P. 612. The ground of the doctrine is, not that there was any extortion by the sailors, with whom the bargain was made, but that there was no consideration for such a promise; Barber v. Fox, 2 Saund. 135; but the Court, as we have before stated, held that the policeman was entitled to recover. These rights to private rewards are of course independent of the extremely liberal provisions provided by the legislature by this section for the extraordinary expenses or diligence or exertion of police officers. And by the 7 Geo. 4, c. 64, s. 28, any court of oyer and terminer, &c. may order compensation to those who have been active in the apprehension of certain offenders; and by sect. 30, if any man is killed in attempting to take certain offenders mentioned in sect. 28, the Court may order compensation to his wife and family or parents, as the case may be. There is, therefore, every inducement to encourage the police to vigilance and a proper discharge of their duties. cash at the transferred to Upon the removal of the successor may sue for any balance remaining in his hands. land, shall, as soon as a successor shall be appointed to the office of receiver, actually vest in such successor, and shall be immediately transferred to the account of such successor, to be applied for the purposes of this Act; and the receiver for the time being is hereby required to issue his drafts or orders, countersigned as aforesaid, for all unsatisfied charges and demands payable out of the monies in the bank, although the same shall have accrued in the time of any former receiver. 14. And be it enacted, That if any person having receiver, his resigned or having been removed from the office of receiver shall neglect, within twenty-one days after notice for such purpose, to account for and pay to any succeeding receiver all such sums of money as shall remain in his hands applicable to the purposes of this Act, it shall be lawful for the receiver for the time being, in his own proper name only, or by his name and description of office, to sue for and recover the same from such person, with double costs of suit, in any of his Majesty's courts of Mode of pro- record at Westminster, by action of debt; in which action it shall be sufficient for such receiver to de ceeding. Court may refer the ac clare as for money had and received to the use of Special bail. such receiver for the purposes of this Act; and the defendant in the action may, at the discretion of any judge of such court, be held to special bail in such competent sum as the judge shall order; and the court in which the action shall be brought may, at the instance of either of the parties, refer the account in dispute in a summary manner to be audited by any officer of the court or other fit person, who may examine both plaintiff and defend counts to an officer or arbitrator. |