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Sections 2 and 3 provide for the sending of notices, &c., regarding the non-continuance of the office.
Section 4 enacts that the provisions of 7 & 8 Vict. c. 33 (a), regarding collection of county rates and relief of High Constables from attendance at quarter sessions, shall come into operation immediately on the passing of this Act.
Section 5 provides that where there is no High Constable the Chief Constable is to act in case of claims against the Hundred, and the process for appearance in the action and the notice required in the case of the claim shall be served upon the Chief Constable.
Section 6. Regarding pensions to High Constables in certain cases. Section 7. Regarding hundreds partly in boroughs.
Borough Constables. Police forces were first established in boroughs under 5 & 6 Will. 4, c. 76 (1835). This Act is repealed by the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50). Part IX. of that Act contains provisions regarding the appointment, &c., of police in boroughs (6). Various provisions relating to borough constables are, however, contained in the Police Acts, 1840, 1856, and 1859, an epitome of which will be found under title“ County and District Constables,” see post (c).
MUNICIPAL CORPORATIONS Act.— The Municipal Corporations Act, 1882, section 190, provides for the appointment of a watch committee in boroughs, who under section 191 are empowered to appoint constables. They may also frame such regulations as they deem expedient for preventing neglect or abuse, and for promoting efficiency. The watch committee or any two justices can suspend or dismiss constables, but nothing contained in the section is to interfere with the operation of 3 & 4 Vict. c. 88.
By section 192 quarterly returns regarding borough constables are to be forwarded to the Secretary of State.
A borough constable shall be sworn in before a justice having jurisdiction in the borough, and when so sworn shall in the borough, in the county in which the borough or any part thereof is situate, and in every county being within seven miles from any part of the borough, and in all liberties in any such county, have all such powers and privi. leges and be liable to all such duties and responsibilities as any con. stable has and is liable to for the time being in his constablewick at common law or by statute, and shall obey the lawful commands of a justice having jurisdiction in the borough or in any county in which the constable is called on to act (section 191).
(a) See p. 19.
See section 196 as to appoiutment of special constables in boroughs (page 21).
(c) See p. 22 and pp. 23–26, also Epitome of “The Police Acts,"
POWER OF APPREHENSION.—Under section 193 a borough constable may while on duty apprehend any idle or disorderly person whom he finds disturbing the public peace, or whom he has just cause to suspect of intention to commit a felony, and deliver him into the custody of the borough constable in attendance at the nearest watch house, in order that he may either be secured until he can be brought before a justice, or where the coustable in attendance is empowered and thinks fit to take bail, give bail for his appearance before a justice.
PENALTIES FOR NEGLECT OF DUTY.-Section 194 enacts if a borough constable is guilty of neglect of duty or of disobedience to a lawful order he may be imprisoned for ten days or fined 40s., or be dismissed.
ASSAULTS ON POLICE.—By section 195, persons assaulting a constable are liable to a penalty of 51.
SPECIAL CONSTABLES.-Two or more of the justices having jurisdiction in a borough shall, in October of every year, appoint by precept signed by them, so many as they think fit of the inhabitants of the borough, not legally exempted from serving the office of constable, to act as special constables in the borough.
Each constable to make a declaration to the effect of the oath set forth in 1 & 2 Will. 4, c. 41.
He shall act when required by the warrant of a justice, but not otherwise, and the warrant shall state that the ordinary police force is insufficient to maintain the peace. Persons entitled to vote at a parlia. mentary election are not liable to serve as special constables during the election. Special constables are entitled to remuneration of 3s. 6d. a day, and may receive further sums in accordance with the Fifth Schedule of Act (section 196) (d).
WATCH RATE.-Sections 197 to 200 contain regulations regarding levy of watch rate, &c.
THE POLICE ACTS.—3 & 4 Vict. c. 88 (1840), provides for consolidation of county and borough police. (See sections 14 and 15) (e).
19 & 20 Vict. c. 69 (1856), defines powers and duties of constables (sections 6 and 7), and contains provisions regarding consolidation (section 5), fees (section 8), voting at elections—which is prohibited (section 9), annual statement of crime (section 14), contribution of Treasury on report of efficiency (sections 16 and 17).
22 & 23 Vict. c. 32 (1859) provides for the establishment of a Superannuation Fund, granting of pensions, gratuities, &c. (sections 8 to 24). [This Act is amended by 28 Vict. c. 35, s. 3, which see post, as to grant of pension for a limited time.]
Section 19 provides that half of past service may be reckoned on promotion from one force to another.
Section 3 prohibits voting at municipal elections.
(d) The schedule authorizes the payment out of borough fund of any extraordinary expenses incurred by constables in apprehension, &c., of offenders.
(e) For Epitome of “The Police Acts” see pp. 27-46.
County and District Constables.
The statute 2 & 3 Vict. c. 93 (1839), entitled "An Act for the establishment of County and District Constables by the authority of Justices of the Peace,” was the first enactment having for its object the establishing of a general and efficient system of police throughout the country. The statute was considerably amended and improved by 3 & 4 Vict. c. 88 (1840) (a).
Under these Acts a discretionary power was given to justices to constitute police forces for the whole or part of their respective counties.
By 19 & 20 Vict. c. 69 (1856), entitled “An Act to render more effective the Police in Counties and Boroughs in England and Wales,” the establishment of efficient police forces in every county in the kingdom has been made compulsory.
The three statutes before mentioned are by section 31 of the last enactment to be construed together as one Act. These Acts are further amended by 22 & 23 Vict. c. 32 (1859).
The first-mentioned statute, 2 & 3 Víct. c. 93, and “The Police Acts” of 1840, 1856, and 1859, provide for the formation, government, superannuation, &c., of the constabulary. An epitome of these Acts is given in the following pages (23 to 46) (b).
The following are the principal subjects treated of:-Establishment of forces, appointment of officers, their powers, duties, &c., pp. 23-25, 30–32. Consolidation of forces, p. 29. “Additional" constables, p. 30. Station-houses, p. 28. Returns, p. 31. Warrants, p. 31. Fees, p. 29. Expenses, &c., pp. 26–30. Rates, pp. 27, 28, 30. Treasury allowance to Government Inspectors, p. 35. Resignation, p. 37. Suspension, p. 41. Neglect of duty, p. 24. Publicans harbouring constables, p. 25. Accoutrements, p. 25. Half-pay, pp. 25, 42. Superannuation, pp. 27–28, 37-41, and see Act, p. 44. Past services, p. 40. Prohibitions-voting, other employment, &c., pp. 24, 37. Exemption from toll, p. 27. Detached counties, liberties, &c., pp. 26, 27. Exemption of boroughs, p. 26. Police districts, p. 30. Interpretation clauses, pp. 26, 32.
(a) The Acts 3 & 4 Vict. c. 88; 19 & 20 Vict. c. 69; 22 & 23 Vict. c. 32, are known as “ The Police Acts," 1840, 1856, 1859.
(6) An epitome of the following Acts, which also relate to police, is given pp. 42, 43:-20 Vict. c. 2 (Chief Constables); 7 & 8 Vict. c. 61, and 21 & 22 Vict. c. 68 (Detached Counties); 11 d. 12 Vict. c. 101 (Lock-up Houses); and 38 & 39 Vict. c. 48 (The Police (Expenses) Act, 1875).
(2 & 3 Vict. CAP. 93.) An Act for the Establishment of County and District Constables by the
Authority of Justices of the Peace. Sections 1 and 2 set forth the preliminary steps to be taken for the establishment of police forces in counties.
It is provided under section 1 that the number of constables appointed shall not be more than one man for every 1,000 inhabitants (c).
Section 3 enacts that in the first instance certain rules (d) shall be made by the Secretary of State, and such rules may be amended or added to, and such rules shall be binding on all persons concerned, copies thereof to be laid before Parliament.
APPOINTMENT OF CHIEF CONSTABLE.—Section 4 provides for the appointment of a chief constable. “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 :" Provided always, that 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: Provided also, that it shall be lawful to appoint the same chief constable for two or more adjoining counties or part of counties, if the justices of such counties in general or quarter sessions assembled shall mutually agree to join in such appointment (e).
NOTICES, &c.—Section 5 requires that notice of proceedings under this Act be inserted in notices now required by law, such notice to be given by the clerk of the peace of each county on the requisition of any five justices acting for such county.
(c) In 19 & 20 Vict. c. 69, s. 1 (p. 32), no such restriction is to be found. It is open to contention whether justices are not at liberty to appoint any number of constables. (d) The rules referred to are given in the Appendix.
The provision in section 4 regarding the appointment of a chief constable for two or more adjoining counties is repealed by section 2 of 20 Vict. c. 2, but inasmuch as section 2 of 20 Vict. c. 2, is itself repealed by the Statute Law Revision Act, 1875, it is questionable whether the words recited are not revived.
CHIEF CONSTABLE TO APPOINT PETTY CONSTABLES.—Section 6 enacts that "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."
APPOINTMENT OF DEPUTY CHIEF CONSTABLE.-Section 7 provides that “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 of the county; 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: Provided always, that no deputy chief constable shall be capable of continuing 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.” AUTHORITY AS SPECIAL CONSTABLES UNDER 1 & 2 WILL. 4, c. 41,Section 8 enacts that “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;" the provisions of 1 & 2 Will. 4, c. 41, shall be deemed to extend to the constables appointed under this Act, except as to manner of appointment, &c., or any matter otherwise provided for by this Act.
VOTING AT ELECTIONS.-Section 9 enacts that no chief constable or other constable appointed by virtue of this Act shall, during the time he shall continue to be such constable, or within six calendar months afterwards, be capable of voting for the election of a member of Parliament for the county in which he is so appointed, or for any adjoining county, or for any city or borough within any of the said counties; nor shall he by word, message, writing, or in any other manner, endeavour to persuade any elector to give, or dissuade any elector from giving his vote. Penalty for so doing, 201., to be recovered by any person who will sue for the same by action of debt, to be commenced within sis calendar months after the commission of the offence.
OTHER EMPLOYMENT, &0.-Section 10 enacts that, all chief or other constables appointed under this Act are restrained from employing