duty he may be granted a pension equal to the whole of his pay. No constable is, however, absolutely entitled to any superannuation allowance (3 & 4 Vict. c. 88, ss. 10 and 11). PENSION FOR LIMITED TIME.-See section 3 of 28 Vict. c. 35, post. GRATUITIES.-The 19 & 20 Vict. c. 69, s. 10, provides for the granting of a gratuity to any constable of less than fifteen years' service who is certified by the chief constable as incapable from infirmity of mind or body to discharge the duties of his office. GRATUITY TO WIDOW.-The 22 & 23 Vict. c. 32, s. 20, authorizes the court of quarter sessions, upon the recommendation of the chief constable, to grant a gratuity to the widow of any constable dying in the service, such gratuity not to exceed one year's pay of such constable. The constable must, however, have contributed to the superannuation fund for not less than three years. FORMER SERVICE.-Under 22 & 23 Vict. c. 32, s. 19, a constable promoted from one force to another is enabled to count for the purpose of superannuation in the force to which he is promoted one-half his previous service provided that he shall have served seven years in the last force, and that the promotion be made on the recommendation of the chief constable, with the sanction of the court of quarter sessions, and that the services be formally testified at the time of promotion. THE POLICE SUPERANNUATION ACT, 1865. (28 Vict. c. 35.) An Act to amend the Law relating to the Police Superannuation Funds in Counties and Boroughs. Section 1 gives short title of Act. Section 2.-Throughout this Act the Acts hereinafter mentioned shall be distinguished by the following short titles; that is to say, The Act, 3 & 4 Vict. c. 88, entitled An Act to amend the Act for the Establishment of County and District Constables, by the short title of the Police Act, 1840: The Act, 19 & 20 Vict. c. 69, entitled An Act to render more effectual the Police in Counties and Boroughs in England and Wales, by the short title of the Police Act, 1856: The Act, 22 & 23 Vict. c. 32, entitled An Act to amend the Law concerning the Police in Counties and Boroughs in England and Wales, by the short title of the Police Act, 1859. AMENDMENT OF SECTION 11 OF 3 & 4 VICT. c. 88, SECTION 10 OF 19 & 20 VICT. c. 69, AND SECTIONS 9 & 10 OF 22 & 23 VICT. c. 32.--Section 3 enacts," Whereas by the Police Act, 1840 (section 11), and the Police Act, 1856 (section 10), the justices of the county in general or quarter sessions assembled, and by the Police Act, 1859 (sections 9 and 10), the watch committee of a borough, with the approbation of the council, are authorized, subject to the conditions and in the events in the said Acts respectively mentioned, to grant out of the police superannuation funds to constables of the police forces of counties and boroughs who have served fifteen years, superannuation or retiring allowances, and to constables who may not have served fifteen years sums in gross as gratuities: and whereas it is expedient that in some cases annual allowances for a limited time should be granted in lieu of allowances for life or gratuities: Be it enacted, that where the said Acts authorize a grant to be made to a constable of a superannuation or retiring allowance or a gratuity, the authority having power to grant such allowance or gratuity may, in lieu thereof, grant an annual allowance for a limited time, to be fixed by such authority, and to be determined on the death of the annuitant before the expiration of the time fixed: Provided that where an allowance for a limited time is granted to a constable who has served for fifteen years or more, it shall be granted on the same scale as if it were a permanent superannuation or retiring allowance, and if at the expiration of the limited time the annuitant is incapable from infirmity of mind or body of discharging the duties of a constable, or has attained the age of sixty years, the allowance granted to him for a limited time only shall be continued during the remainder of his life: Provided also, that where a person to whom an annual allowance for a limited time has been granted under this section is reappointed to the office of constable, the time during which he was in receipt of such allowance shall, for the purpose of any subsequent superannuation allowance, be reckoned as service in the force." HEAD CONSTABLE INCLUDED IN PROVISIONS OF 22 & 23 VICT. c.132. -Section 4 refers to section 10 of the Police Act, 1859, and enacts that the chief or head constable of the police force established in any borough in which the superannuation fund is subject to the regulations of the Police Act, 1859, shall, from and after the date of the passing of this Act, be deemed to be a constable of the said police force for all purposes relating to and within the meaning of this Act and all other Acts regulating such superannuation fund. This section contains several provisos regarding method of reckoning service, &c. NOTHING TO PREVENT DISMISSALS WITHOUT RETIRING ALLOWANCES. -Section 5 enacts that nothing in this Act contained shall be construed to entitle absolutely any chief or head constable or other constable, or his widow, to any superannuation or retiring allowance or gratuity, or to prevent any such constable being dismissed without such allowance or gratuity: Provided also, that nothing in this Act contained shall diminish or prejudice the allowances or rights of any chief or head constable or other constable given or reserved by the 15th section of the Police Act, SUPERANNUATION-COUNTY OF LINCOLN.-Section 6 recites section 22 of the Police Act, 1859, and enacts that so long as the police force of the county of Lincoln continues under the superintendence of the same chief constable, the said three divisions of the said county shall, for the purpose of the superannuation of the members of that force, be taken to be one county, and any police constable who may be or has been promoted or removed from one of the said divisions to another shall, for the purposes of superannuation, be entitled to reckon as service the whole time he has served in any of the said divisions; and this section shall take effect in all respects as if it had been passed at the same time at which the said Police Act, 1859, was passed. JOINT COMMITTEE-COUNTY OF LINCOLN.-Section 7 contains provisions regarding the appointment of the joint committee for management of superannuation fund in the county of Lincoln mentioned in section 22 of the Police Act, 1859. The committee is to consist of twenty-eight magistrates. SUPERANNUATION FUND-COUNTY OF LINCOLN.-Section 8 recites as to consequences of police force in county of Lincoln ceasing to be under one chief constable. Section 9 refers to the superannuation of constables formerly watchmen of Brighton under 6 Geo. 4, c. clxxix. SECTION IV. SPECIAL CONSTABLES. THE Act 1 & 2 Will. 4, c. 41, empowers justices to appoint special constables in cases of riot, &c., and this power of appointment is enlarged by 5 & 6 Will. 4, c. 43. By 1 & 2 Vict. c. 80, the expenses of special constables appointed near public works may have to be defrayed by the contractor or company carrying on the works. See "Constables near Public Works," post. As to "Additional Constables," see 3 & 4 Vict. c. 88, s. 19, ante. The Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50. s. 196), contains provisions regarding the appointment of special constables in boroughs. See "Borough Constables," ante. VOTERS.-17 & 18 Vict. c. 102, s. 8, provides that voters shall not be required to serve as special constables at parliamentary elections unless they consent to do so. EXPENSES.-41 Geo. 3, c. 78, enacts that when special constables shall be appointed in England to execute warrants in cases of felony, two justices may order proper allowances to be made for their expenses and loss of time, which order shall be submitted to quarter sessions. An epitome of the Acts of 1831 and 1835, and of section 196 of the Municipal Corporations Act, 1882, is appended; also an abstract of the provisions 1 & 2 Vict. c. 80, regarding constables appointed near public works; and 3 & 4 Vict. c. 50, as to constables on canals and rivers; and 10 & 11 Vict. c. 89, as to constables appointed under Acts for regulating the police of towns. APPOINTMENT OF SPECIAL CONSTABLES UNDER 1 & 2 WILL. 4, c. 41. (1 & 2 Will. 4, c. 41.) An Act for amending the Laws relative to the Appointment of Special Constables, and for the better Preservation of the Peace. TWO OR MORE JUSTICES, UPON INFORMATION ON OATH THAT DISTURBANCES EXIST OR ARE APPREHENDED, MAY APPOINT SPECIAL CONSTABLES. In all cases where it shall be made to appear to any two or more justices of the peace of any county, riding, or division having a separate commission of the peace, or to any two or more justices of the peace of any liberty, franchise, city, or town in England or Wales, upon the oath of any credible witness, that any tumult, riot, or felony has taken place or may be reasonably apprehended in any parish, township, or place situate within the division or limits for which the said respective justices usually act, and such justices shall be of opinion 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 the security of the property in any such parish, township, or place as aforesaid, then and in every such case such justices, or any two or more jusces acting for the same division or limits, are hereby authorized to Iminate and appoint, by precept in writing under their hands, so many a: they shall think fit of the householders or other persons (not legally exempt from serving the office of constable) residing in such parish, township, or place as aforesaid, or in the neighbourhood thereof, to act as special constables, for such time and in such manner as to the said justices respectively shall seem fit and necessary, for the preservation of the public peace, and for the protection of the inhabitants, and the security of the property in such parish, township, or place; and the justices of the peace who shall appoint any special constables, by virtue of this Act, or any one of them, or any other justice of the peace acting for the same division or limits, are and is hereby authorized to administer to every person so appointed the following oath (a): Form of Oath to be taken by Special Constables. “I, A. B., do swear, that I will well and truly serve our Sovereign NOTICE TO BE TRANSMITTED TO SECRETARY OF STATE AND TO LIEUTENANT OF COUNTY.--Provided always, that whenever it shall be deemed necessary to nominate and appoint such special constables as aforesaid notice of such nomination and appointment, and of the circumstances which have rendered such nomination and appointment expedient, shall be forthwith transmitted by the justices making such nomination and appointment to one of His Majesty's principal Secretaries of State and to the lieutenant of the county. Section 2 empowers Secretary of State, on representation of justices, to order persons to be sworn in, though exempt by law. The persons so sworn shall be liable to act for two calendar months. (a) See 31 & 32 Vict. c. 72, s. 12, (sub-sect. 4), which now provides for the substitution of declaration for oaths. E |