Police (Counties and Boroughs).

'ments: And whereas, for the more effectual Prevention and Detection of Crime, Suppression of Vagrancy, and Maintenance. ' of good Order, it is expedient that further Provision should be 'made for securing an efficient Police Force throughout England and Wales' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

If Constabulary not already established for

the whole of a

County, Justices in General or Quarter Ses

established; if

I. In every County in which a Constabulary has not been already established for the whole of such County under the said Acts of the Second and Third and Third and Fourth Years of Her Majesty, or either of them, the Justices of such County at the General or Quarter Sessions holden next after the First Day of December One thousand eight hundred and fifty-six, shall proceed to establish a sufficient Police Force for the whole of such sions to cause County, or where a Constabulary is already established in Part same to be of such County then for the Residue of such County, and for that established in Purpose shall declare the Number of Constables they propose Part of County, should be appointed, and the Rates of Pay which it would be then for Residue expedient to pay to the Chief and other Constables, and shall of County. report such their Proceedings to One of Her Majesty's Principal Secretaries of State; and upon the Receipt from the Secretary of State of such Rules as are mentioned in Section Three of the said Act of the Second and Third Years of Her Majesty, all the Provisions of the said Acts of the Second and Third and Third and Fourth Years of Her Majesty shall take effect and be applicable in relation to such County, in like Manner as by the said Acts provided, upon the Adoption of such Acts for any County by the Justices thereof, and the Receipt of such Rules as aforesaid from the Secretary of State, subject nevertheless to the Amendments contained in this Act.

Report has been

sent to Secretary of State under 2 & 3 Vict. c. 93.

II. Provided always, That the Enactment herein-before con- Not to apply to tained shall not apply to any County where, before the said Counties where General or Quarter Sessions holden next after the said First Day of December, the Justices of the Peace of such County have sent to the Secretary of State such Report as is required by the said Act of the Second and Third Years of Her Majesty, in order to establish a Police Force for the whole of such County, or for such Residue thereof as aforesaid, (as the Case may be,) and the Proceedings upon and in relation to such Report, and consequent thereupon, shall and may be had and continued according to the said Acts as amended by the Enactments herein contained.

III. In any County where, after the Establishment, under the Constabulary said Acts of Her Majesty or either of them, of a Constabulary for Establishments any Division or Divisions thereof, Constables have been or shall in Divisions of a County to be be appointed under such Acts and this Act, or any of them, for the consolidated Residue of the County, or for Divisions constituting together such into One County Residue, there shall be One General County Police Establishment, Police Force. and any Divisional Police Establishment or Establishments which may have been constituted in such County shall be consolidated with and form Part thereof, and a Chief Constable shall be appointed for such County, in like Manner and with the like

Powers

Her Majesty may, by Order in Council, require separate Police Districts

to be constituted

in Counties.

Her Majesty in Council, on Representations from Bo. roughs, may arrange Terms

of Consolida

tion with Coun

ties.

Police (Counties and Boroughs).

Powers as in any Case where a Police Force is established for the whole County in the first instance.

IV. In case it appear to Her Majesty in Council, upon the Petition of Persons contributing, or who, on the Establishment of a Constabulary under the said Acts of the Second and Third and Third and Fourth Years of Her Majesty, or this Act, will be liable to contribute to the Police Rate of any County, that a Distinction should be made in the Number of Constables to be appointed to keep the Peace in different Parts of such County, it shall be lawful for Her Majesty, by the Advice of Her Privy Council, to order and require the Justices of such County to exercise the Powers given by the said Act of the Third and Fourth Years of Her Majesty, for the Division of such County into Police Dis tricts; and the said Justices shall thereupon, in manner directed by such Act, and subject to such Approval as therein mentioned, divide such County into such Police Districts as shall appear to them most convenient, and declare the Number of Constables which ought to be appointed for each Police District; and the Extent of such Districts, and the Number of Constables appointed for each, may be altered as in the said Act provided; and the Expenses to be defrayed by each such Police District shall be ascertained in the Manner provided by the said last-mentioned Act, and the Police Rates assessed and levied therein accordingly: Provided, that Notice of every such Petition, and of the Time when it shall please Her Majesty to order that the same be taken into consideration by Her Privy Council, shall be published in the London Gazette One Month at least before such Petition shall be considered.

V. In case it be represented to One of Her Majesty's Principal Secretaries of State by the Council of any Borough, that Application has been made by such Council to the Justices of any County in or adjoining to which such Borough is situate, to consolidate the Police of such County and Borough in the Manner provided by the Fourteenth Section of the said Act of the Third and Fourth Years of Her Majesty, and that such Consolidation has not been effected, it shall be lawful for such Principal Secretary of State to inquire into the Terms of Consolidation proposed, and to report thereon to Her Majesty in Council; and it shall be lawful for Her Majesty, with the Advice of Her Privy Council, to fix the Terms and Conditions and Date upon and from which such Consolidation shall take effect, and thereupon the Provisions of such last-mentioned Act shall become applicable as if such Consolidation had been effected by an Agreement made under the said Section, save so far as such Provisions relate to the Determination of such Agreement; and it shall be lawful for Her Majesty, with the Majesty to vary Advice of Her Privy Council, at any Time and from Time to Time to vary the Terms of any such Consolidation, or at any Time to determine such Consolidation upon such Terms as to Her Majesty in Council may seem just.

Power to Her

such Terms

from Time to Time.

County Con

stables to have the like Powers, &c. in Boroughs

VI. The Constables of every County appointed under the said Acts of the Second and Third and Third and Fourth Years of Her Majesty, or either of them, or this Act, shall have, in every

Borough

Police (Counties and Boroughs).

Borough situate wholly or in part within such County, or within as Borough any County or Part of a County in which they have Authority, Constables have all such Powers and Privileges and be liable to all such Duties in the County. and Responsibilities as the Constables appointed for such Borough have and are liable to within any such County, and shall obey all such lawful Commands as they may from Time to Time receive from any of the Justices of the Peace having Jurisdiction within any such Borough in which they shall be called on to act as Constables, for conducting themselves in the Execution of their Office.

the Police as

VII. The Constables acting under the said Acts of the Second Constables to and Third and Third and Fourth Years of Her Majesty, the Fifth perform Duties and Sixth Years of King William the Fourth, and this Act, or connected with any of the said Acts, shall, in addition to their ordinary Duties, directed by perform all such Duties connected with the Police in their respec- Justices, &c. tive Counties or Boroughs as the Justices in General or Quarter Sessions assembled, or the Watch Committees of such respective Counties or Boroughs, from Time to Time direct and require.

VIII. It shall not be lawful for any Constable acting under Constable not the said Acts of the Second and Third and Third and Fourth to receive to his

Years of Her Majesty, and the Fifth and Sixth Years of King William the Fourth, and this Act, or any of the said Acts, (other than a local Constable appointed under the said Act of the Third and Fourth Years of Her Majesty,) to receive to his own Use any Fee for the Performance of any Act done by him in the Execution of his Duty as such Constable; but this Enactment shall not extend to prevent the Receipt by any such Constable of any Fee. or other Payment legally payable which he may be liable to account for and pay over to the Treasurer of the County or Borough or otherwise for the Use of the County or Borough, or which may be payable to or applied in aid of any Police Superannuation Fund established or to be established in any Borough, under the Provisions of the Act of the Session holden in the Eleventh and Twelfth Years of Her Majesty, Chapter Fourteen, or of any Local or other Act of Parliament.

own Use Fees

for Performance of his

Duties.

Elections.

IX. No Head or other Constable already appointed or hereafter Borough Conto be appointed for any Borough, under the said Act of the Fifth stables disquaand Sixth Years of King William the Fourth, except Special Con- lified from stables, shall, during the Time he continues to be such Constable, voting at certain or within Six Calendar Months after he has ceased to be such Constable, be capable of giving his Vote for the Election of any Person to any Municipal Office in such Borough, or for the Election of a Member to serve in Parliament for such Borough or any County in or to which such Borough is situate, either wholly or in part, or adjoins, or for any Borough within any such County, nor shall any such Constable, by Word, Message, Writing, or in any other Manner, endeavour to persuade any Elector to give or dissuade any Elector from giving his Vote for the Choice of any Person to hold any Municipal Office in such Borough, or to be a Member to serve in Parliament for any such Borough or County; and if any such Constable shall offend therein he shall forfeit the Sum of Ten Pounds, to be recovered in any Court of competent Jurisdiction, by any Person who shall sue for the same within Six

Months

Power to grant
Gratuities to
incapacitated
Constables who

have not served

Fifteen Years.

Deficiency in
Superannuation
Fund to be

made up out of
Police Rate.

Gratuities to Officers superseded by

County Police.

Power to grant Superannuations to Chief Constables, to be paid out of the Police Rate.

Annual State

ment as to

Police (Counties and Boroughs).

Months after the Commission of the Offence, and One Half of the Sum recovered shall be paid to the Person suing for the same, and the other Half to the Treasurer of the Borough: Provided always, that nothing herein contained shall subject any Constable to any Penalty for any Act done by him at or concerning any of the said Elections in the Discharge of his Duty.

X. It shall be lawful for the Justices of any County in General or Quarter Sessions assembled, if they think fit, upon the Recommendation of the Chief Constable, and upon his certifying that any Constable belonging to the Police Force of the County, who has not served so long as Fifteen Years, is incapable from Infirmity of Mind or Body to discharge the Duties of his Office, to order that such Constable shall receive out of the Superannuation Fund mentioned in the said Act of the Third and Fourth Years of Her Majesty such Sum in gross as a Gratuity upon his Retirement as to the said Justices may seem proper.

XI. If at any Time the Superannuation Fund mentioned in the said Act of the Third and Fourth Years of Her Majesty be insufficient (otherwise than by reason of any Default of any Treasurer or other Person entrusted with the Custody or Management thereof) to pay the Superannuation or Retiring Allowances and Gratuities payable thereout, the Amount which such Fund shall from Time to Time be insufficient to pay shall be defrayed by the Police Rate, and, where the County is divided into Police Districts, shall be defrayed by the several Districts as Parts of the local Expenditure thereof, rateably in proportion to the Number of Constables appointed for each such District respectively.

XII. It shall be lawful for the Magistrates in General or Quarter Sessions assembled, if they so think fit, to grant Gratuities to such Officers as may be removed from their Appointments in consequence of the Duties of such Officers being transferred to Persons belonging to the Police Establishment.

XIII. It shall be lawful for the Justices of any County in General or Quarter Sessions assembled, if they see fit, to grant to any Chief Constable of the County, on his ceasing to be such Chief Constable, such annual Sum by way of Superannuation Allowance as they think fit; and such Superannuation Allowance shall be paid out of the Police Rate of the County, and shall, in the Case of a County which is divided into Police Districts, be deemed Part of the general Expenditure, and be defrayed accordingly: Provided always, that no such Allowance shall be granted to any Chief Constable under Sixty Years of Age, unless the said Justices be satisfied that he is incapable from Infirmity of Mind or Body to discharge the Duties of his Office; and Section Eleven of the said secondly-recited Act, as to the proportionate Amount of the Superannuation Allowance of any Petty Constable, shall apply to the Superannuation Allowance to be granted to any Chief Con

stable.

of

XIV. The Justices of every County and the Watch Committee every Borough shall, in the Month of October in every Year, transmit to One of Her Majesty's Principal Secretaries of State a Boroughs to be Statement, in such Form as One of the said Secretaries of State

Crime in Counties and

may

Police (Counties and Boroughs).

may from Time to Time direct, for the Year ending the Twenty- furnished to ninth Day of September then last, of the Number of Offences Secretary of reported to the Police within such County or Borough respectively, State. the Number of Persons apprehended by the Police, the Nature of the Charges against them, the Result of the Proceedings taken thereupon, and any other Particulars relating to the State of Crime within such County or Borough which such Justices or Watch Committee may think it material to furnish, and a classified Abstract of all such Reports and Returns shall be annually prepared and laid before Parliament.

Power to Her

XV. It shall be lawful for Her Majesty, by Warrant under Her Royal Sign Manual, to appoint during Her Majesty's Pleasure Majesty to apThree Persons as Inspectors under this Act, to visit and inquire point Inspectors into the State and the Efficiency of the Police appointed for every into State and for inquiring County and Borough, and whether the Provisions of the Acts Efficiency of under which such Police are appointed are duly observed and the Police in carried into effect, and also into the State of the Police Stations, Counties and Charge Rooms, Cells, or Lock-ups, or other Premises occupied Boroughs, &c. for the Use of such Police; and each of the Inspectors so appointed shall report generally upon such Matters to One of Her Majesty's Principal Secretaries of State, who shall cause such Reports to be laid before Parliament; and such Inspectors shall be paid, out of such Money as may be provided by Parliament for the Purpose, such Salaries and Allowances as shall be determined by the Commissioners of Her Majesty's Treasury.

XVI. Upon the Certificate of One of Her Majesty's Principal Secretaries of State, that the Police of any County or Borough established under the Provisions of the said Acts and this Act, or any of them, has been maintained in a State of Efficiency in point of Numbers and Discipline for the Year ending on the Twenty-ninth of September then last past, it shall be lawful for the Commissioners of Her Majesty's Treasury to pay from Time to Time, out of the Monies provided by Parliament for the Purpose, such Sum towards the Expenses of such Police for the Year mentioned in such Certificate as shall not exceed One Fourth of the Charge for their Pay and Clothing, but such Payment shall not extend to any additional Constables appointed under the Nineteenth Section of the said Act of the Third and Fourth Years of Her Majesty; provided that before any such Certificate shall be finally withheld in respect of the Police of any County or Borough, the Report of the Inspector relating to the Police of such County or Borough shall be sent to the Justices of such County, or to the Watch Committee of such Borough, who may address any Statement relating thereto to the Secretary of State; and in every Case in which such Certificate is withheld, a Statement of the Grounds on which the Secretary of State has withheld such Certificate, together with any such Statement of the Justices or Watch Committee as aforesaid, shall be laid before Parliament.

XVII. No such Sum as aforesaid shall be paid towards the Pay and Clothing of the Police of any Borough, not being consolidated with the Police of a County under the said Act of

the

On Certificate of Secretary of int Police has been established in any County or Borough, One Fourth of the Charge for Pay and Clothing to be paid by the Treasury;

State that an

but not to Bo roughs where Population less

than 5,000, &c.