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By section 3, the Secretary of State may direct any lord lieutenant to cause special constables to be sworn in, and no exemption allowed.
By section 4, justices may make regulations respecting special con. stables, and may remove them for misconduct.
POWERS OF SPECIAL CONSTABLES.-Section 5 enacts that every special constable appointed under this Act shall, not only within the parish, township, or place for which he shall have been appointed, but also throughout the entire jurisdiction of the justices so appointing him, have, exercise, and enjoy all such powers, authorities, advantages, and immunities, and be liable to all such duties and responsibilities, as any constable duly appointed now has within his constablewick by virtue of the common law of this realm, or of any statute or statutes.
Section 6 contains provisions empowering special constables in certain cases to act in adjoining counties, subject to order of justices.
PENALTIES.—(Section 7.) Penalty for special constable refusing to attend and take the oath of office, &c., 51. (a).
Section 8.- Penalty for refusing to serve, or for disobedience of orders, 51.
POWER TO DISCONTINUE TIE SERVICES OF CONSTABLES CALLED OUT, NOTIFYING THE SAME TO THE SECRETARY OF STATE, &c.Section 9 enacts that the justices who shall have appointed any special constables under this Act are hereby empowered, or the justices acting for the division or limits within which such special constables shall have been called out, at a special session to be held for that purpose, or the major part of such last-mentioned justices at such special session, are hereby empowered to suspend or determine the services of any or all of the special constables so called out, as to the said justices respectively shall seem meet; and notice of such suspension or determination of the services of any or all of the said special constables shall be forthwith transmitted by such respective justices to one of His Majesty's principal Secretaries of State, and also to the lieutenant of the county.
STAVES.—By section 10, special constables are to deliver up staves, &c., within one week of expiration of office; penalty for omitting or refusing so to do, 21.
ASSAULTING CONSTABLES, &c.—Section 11 imposes penalty for assaulting or resisting any constable appointed by virtue of this Act whilst in the execution of his office, of 201., or such other punishment as any persons are by law liable to for assaulting any constable in the execution of the duties of his office.
MILITIA.-Section 12 enacts that special constables are not to gain a settlement, nor be exempt from serving in the militia.
(a) See 31 & 32 Vict. c. 72, s. 13, which applies a like penalty for refusal to make declaration in place of oath, &c.
JUSTICES IN SPECIAL SESSIONS MAY ORDER ALLOWANCES TO THE SPECIAL CONSTABLES, SUCH ALLOWANCES TO BE PAID OUT OF THE COUNTY RATE.-Section 13 empowers justices to order reasonable allowances and expenses to be paid to special constables for their services; and justices may also order the payment of such expenses as may have been incurred in providing staves or other necessary articles for such special constables, the order for payment of such allowances and expenses to be made upon the treasurer of the county, riding, or division.
The section contains a proviso regarding the mode of payment in places not contributing to the county rate.
Section 14 allows justices to adjourn special sessions from time to time if they think proper.
TIME FOR PROCEEDINGS UNDER THIS ACT; APPLICATION OF PENALTIES.-By section 15, prosecutions for offences punishable upon summary conviction under this Act shall be commenced within two calendar months after the commission of the offence; and penalties shall be paid to overseer or some other officer of the parish, &c., to be paid over by such officer to the use of the public rate for the county, riding, division, &c. Inhabitants of county, &c., not to be deemed incompetent witnesses because of application of penalties.
PAYMENT OF PENALTIES, AND MODE OF LEVYING THE SAME, &c. Section 16 empowers justices to order payment of penalty by offender either immediately or within such period as they shall think fit. Power is given to distrain, and in default of sufficient distress the offender may be imprisoned, with or without hard labour, for one month where sum is under 51.; for two months in other cases.
Section 17 sets out the form in which the conviction shall be drawn up.
No CERTIORARI, &c.—By section 18, no conviction for any offence against this Act shall be quashed for want of form, or be removed by certiorari or otherwise. The section contains further provisos regarding warrants of commitment, distress, &c.
VENUE IN ACTIONS; NOTICE OF ACTION.—By section 19, all actions and prosecutions to be commenced against any person for anything done in pursuance of this Act shall be laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed; and notice in writing of such cause of action sball be given to the defendant one calendar month at least before the commencement of the action.
By section 21, the Act shall not extend to Scotland or Ireland.
By section 22, nothing in this Act contained shall be construed to abridge any powers of justices for preserving the public peace, whether by appointing constables or otherwise.
5 & 6 WILL. 4, CAP. 43 (1835). An Act for enlarging the powers of Magistrates in the Appointment
of Special Constables. Whereas by 1 & 2 Will. 4, c. 41, provision is made for the appointment of special constables, and whereas it is expedient that the power of appointing special constables given by the said Act should be extended in manner hereinafter mentioned :
Be it therefore enacted, that all persons willing to act as special constables under the provisions of the said Act shall be capable of being appointed and acting, and may be appointed and act as such special constables, notwithstanding they may not be resident in such parish, township, or place as aforesaid, or in the neighbourhood thereof; and every person appointed and acting as special constable under the provisions of this Act shall have all the same powers, and be entitled to and enjoy all the same privileges and benefits, and be subject to all the same duties and liabilities, as the special constables appointed or to be appointed under the provisions of the said Act.
45 & 46 VICT. CAP. 50. The Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50, s. 196), contains provisions regarding special constables in boroughs. (1.) Two or more of the justices having jurisdiction in a borough
shall, in October in every year, appoint, by precept signed by them, so many as they think fit of the inhabitants of the borough, not legally exempt from serving the office of con
stable, to act as special constables in the borough. (2.) Every such special constable shall make a declaration to the
effect of the oath set forth in the Act of the session of the first and second years of the reign of King William the Fourth, chapter forty-one, for amending the laws relative to the appointment of special constables, and for the better preservation of the peace, and shall have the powers and immunities, and be liable to the duties and penalties, enacted by
that Act. (3.) He shall act when so required by the warrant of a justice having
jurisdiction in the borough, but not otherwise. (4.) The warrant shall recite that, in the opinion of the justice, the
ordinary police force of the borough is insufficient at the date
of the warrant to maintain the peace of the borough. (5.) Nothing in this section shall make any person having a right to
vote at a parliamentary election liable or compellable to serve
as a special constable at or during the election. (6.) Special constables shall be entitled to remuneration as appearing
by the fourth and fifth schedules.
1 & 2 VICT. CAP. 80.
An Act for the Payment of Constables for keeping the Peace near Public Works.
[10th August, 1838.] WHEREAS great mischiefs have arisen by the outrageous and unlawful behaviour of labourers and others employed on railroads, canals, and other public works, by reason whereof the appointment of special constables is often necessary for keeping the peace, and for the protection of the inhabitants and security of the property in the neighbourhood of such public works, whereby great expenses have been cast upon the public rates of counties and other districts chargeable with such expenses: Be it therefore enacted, that after the passing of this Act, whenever any special constables shall be appointed under the authority of an Act passed in the second year of the reign of His late Majesty, intituled, “ An Act for amending the Laws relative to the Appointment of Special Constables, and for the better Preservation of the Peace,” or under the authority of an Act passed in the sixth year of the reign of His late Majesty, intituled “ An Act for enlarging the Powers of Magistrates in the Appointment of Special Constables," and 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 of any liberty, franchise, city, town, or borough in England or Wales, on the oath of three or more credible witnesses, that the appointment of such special constables has been occasioned by the behaviour, or by reasonable apprehension of the behaviour, of the persons employed upon any railway, canal, or other public work made or carried on under the authority of Parliament within the district or division for which such justices usually act, it shall be lawful for such justices as aforesaid, at any time not exceeding one calendar month next after such appointment, to make orders from time to time upon the treasurer or other officer who shall have the control or custody of the funds of any company making or carrying on such railroad, canal, or other public work, for the payment of such reasonable allowances for their trouble, loss of time, and expenses to such special constables who shall have so served or be then serving as to the said justices shall seem proper; and a copy of every such order shall be sent by the justices to one of Her Majesty's principal Secretaries of State, and such order, if allowed by the Secretary of State, shall be binding on such company, and on every such treasurer and officer thereof : Provided always, that nothing therein contained shall empower any such justices to order any allowance for any such special constables at the rate of more than five shillings daily to be paid to each special constable employed for the purposes aforesaid.
2. That if it shall appear to the Secretary of State that there was no need for the appointment of such special constables, or that a greater number of special constables was appointed than was needed by reason of the behaviour, or reasonable apprehension of the behaviour, of the persons employed on such railroad, canal, or other public work as aforesaid, the Secretary of State shall have power to disallow any such order,
or to reduce the amount ordered to be paid by any such order, in such manner as to him shall seem just according to the circumstances of each case; and in such case the order shall be of no force, or shall be of force for such reduced amount only, as the case may be; and the whole of such expenses in case the whole shall be disallowed, or so much thereof as shall exceed such reduced amount if a part shall be allowed, shall be defrayed out of the public rates of such county, riding or division, liberty, franchise, city, town, or borough, as if this Act had not been made.
3. That in all cases where such treasurer or other officer as aforesaid shall refuse or neglect, during three weeks next after demand thereof, to pay such sum of money as shall have been ordered by such justices, and allowed by the Secretary of State as aforesaid, it shall be lawful for such justices to cause the same to be levied by distress upon the goods and chattels belonging to such company.
Constables on Canals and Rivers.
How APPOINTED.—Robberies and other outrages are frequently committed on canals and navigable rivers, and therefore power has been given to appoint constables for better keeping the peace, and for the prevention and detection of crime, along the line of such canals and rivers and in the neighbourhood thereof. Under 3 & 4 Vict. c. 50, s. 1, any two justices of the peace, and the watch committee of any incorporated borough within their several jurisdictions, on the application of the committee or the 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 company duly authorized by such committee or board of directors, may appoint so many persons as they shall think fit from among those who shall be recommended to them for that purpose by such company of proprietors' clerk or agent to act as constables on or along such canal or river, and may dismiss any person so appointed (section 2).
THEIR DUTIES.—Every one so appointed, and having taken oath of office, shall have full power to act as constables 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, wharves, 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 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 ; such power shall not, however, extend to authorize any such person to act as such constable within the metropolitan police district, or the city of London