of Doctors of Law and advocates of the civil law, if actually practising; attorneys, solicitors, and proctors, if actually practising, and having taken out their annual certificates, and their managing clerks, and notaries public in actual practice; officers of the courts of law and equity, and of the Admiralty and Ecclesiastical Courts, including therein the Courts of Probate and Divorce, and the clerks of the peace or their deputies, if actually exercising the duties of their respective offices; coroners; gaolers and keepers of houses of correction, and all subordinate officers of the same; keepers in public lunatic asylums; members and licentiates of the Royal College of Physicians in London, if actually practising as physicians; members of the Royal Colleges of Surgeons in London, Edinburgh, and Dublin, if actually practising as surgeons; apothecaries certificated by the court of examiners of the Apothecaries Company, and all registered medical practitioners and registered pharmaceutical chemists, if actually practising as apothecaries, medical practitioners, or pharmaceutical chemists respectively; officers of the navy, army, militia, and yeomanry while on full pay; the members of the Mersey Docks and Harbour Board; the master, wardens, and brethren of the Corporation of Trinity House of Deptford Strond; pilots licensed by the Trinity House of Deptford Strond, Kingston-upon-Hull, or Newcastle-upon-Tyne, and all masters of vessels in the buoy and light service employed by either of those corporations, and all pilots licensed under any Act of Parliament or charter for the regulation of pilots; the household servants of Her Majesty, her heirs and successors; officers of the post office; commissioners of customs, and officers, clerks, or other persons acting in the management or collection of the customs; commissioners of inland revenue, and officers or persons appointed by the commissioners of inland revenue, or employed by them or under their authority or direction in any way relating to the duties of inland revenue; sheriffs' officers; officers of the rural and metropolitan police; magistrates of the metropolitan policecourts, their clerks, ushers, doorkeepers, and messengers; members of the council of the municipal corporation of any borough, and every justice of the peace assigned to keep the peace therein, and the town clerk and treasurer for the time being of every such borough, so far as relates to any jury summoned to serve in the county where such borough is situate; burgesses of every borough in and for which a separate court of quarter sessions shall be holden so far as relates to any jury summoned for the trial of issues joined in any court of general or quarter sessions of the peace in the county wherein such borough is situate; justices of the peace so far as relates to any jury summoned to serve at any sessions of the peace for the jurisdiction of which he is a justice; officers of the Houses of Lords and Commons.

No man who has been attainted of any treason or felony or convicted of any crime that is infamous, unless he shall have obtained a free pardon, nor any man who is under outlawry, is qualified to serve on juries in any court or on any occasion whatsoever (33 & 34 Vict., c. 77, s. 10).

EXCEPTIONAL PROVISIONS.

Grants to Boroughs not Affected by Subsequent Grants to Counties.

187. The grant to a borough of a separate commission of the peace, or of a separate court of quarter sessions, shall not be prejudicially affected by any subsequent grant to or for any county of a commission of the peace or other commission.

Trial of Offences Committed in Counties of Cities and Counties of Towns.

188.-(1) Until Her Majesty is pleased to direct a commission of oyer and terminer and gaol delivery to be executed within any borough being a county of a city or county of a town, all bills of indictment for offences committed within that borough shall be preferred, and all proceedings thereon shall be had, in the manner authorized by the Act of the thirty-eighth year of the reign of King George the Third, chapter fifty-two, "to regulate the trial of causes, indictments, and other proceedings which arise within the counties of certain cities and towns corporate within the kingdom."1

(2.) For the purposes of that Act each borough named in the Sixth Schedule shall be considered as next adjoining the county named in conjunction therewith.2

1 For the boroughs which are counties of cities or counties of towns, see note to sec. 170.

* The counties to which the boroughs referred to in this sub-section are to be considered adjoining for purposes of criminal trials are as follows: Berwickupon-Tweed, Northumberland; Bristol, Gloucestershire; Chester, Cheshire; Exeter, Devonshire; Kingston-upon-Hull, Yorkshire; and Newcastle-uponTyne, Northumberland.

Jurisdiction in Places Separated from Borough.

189. Where under any Act a place has ceased or ceases to be part of a borough or the liberties thereof, all matters by virtue of a local Act of Parliament or otherwise cognisable by a justice or by the quarter sessions having jurisdiction within that place shall be cognisable by the justices or the quarter sessions of the county, liberty, or jurisdiction within which the place is situate in the same manner and subject to the same provisions as they were within the jurisdiction of the justices or the quarter sessions for that place.

PART IX.
POLICE.

WATCH COMMITTEE; CONSTABLES.

Council to Appoint Watch Committee.

190. (1.) The council shall from time to time appoint, for such time as they think fit, a sufficient number not

exceeding one-third of their own body, who, with the mayor, shall be the watch committee.

(2.) The watch committee may act by a majority of those present at a meeting thereof, but shall not act unless three are so present.

It will be observed that, under this section, a sufficient number not exceeding one-third of the council, with the mayor, are to constitute the watch "committee." There was no such limitation under the Municipal Corporations Act, 1835. Under that Act the council were to appoint "a sufficient number of their own body" who, with the mayor for the time being, were to be the watch committee of the borough.

Appointment, Duties, and Powers of Borough Constables.

191.-(1.) The watch committee shall from time to time appoint a sufficient number of fit men to be borough constables.

(2.) 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 privileges and be liable to all such duties and responsibilities as any constable has and is liable to fort the time being in his constablewick at common law or by statute, and shall obey all such lawful commands as he receives from any justice having jurisdiction in the borough or in any county in which the constable is called

on to act.

(3.) The watch committee may from time to time frame such regulations as they deem expedient for preventing neglect or abuse, and for making the borough constables efficient in the discharge of their duties.

(4) The watch committee, or any two justices having jurisdiction in the borough, may at any time suspend, and the watch committee may at any time dismiss, any borough constable whom they think negligent in the discharge of his duty, or otherwise unfit for the same.

(5.) When a borough constable is so dismissed, or ceases to belong to the constabulary force of the borough, all powers vested in him as a constable by virtue of this Act shall immediately cease.

(6.) Nothing in this section shall interfere with the operation of an Act of the session of the third and fourth

years of Her Majesty's reign "to amend the Act for the establishment of county and district constables;" and throughout that Act a reference to this Act shall be deemed to be substituted for a reference to the Municipal Corporations Act, 1835, and any Act amending it.

As to the service and execution by constables of summonses for appearance, warrants to enforce appearance, warrants for apprehension, and search warrants, see sec. 223.

By the 19 & 20 Vict., c. 69, s. 9, it is provided that no head or other constable already appointed or hereafter appointed for any borough under the 4 & 5 Wm. 4, c. 76, except special constables, shall, during the time he continues to be such constable, 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. A constable offending therein is to forfeit the sum of £10, to be recovered in any court of competent jurisdiction by any person who shall sue for the same within six months after the commission of the offence, and one-half of the sum recovered is to be paid to the person suing for the same, and the other half to the treasurer of the borough. Nothing contained in that section is however to subject any candidate to any penalty for any act done by him at or concerning any of the said elections in the discharge of his duty.

In De Boinville v. Arnold, 1 C. B., N.S. 3; 26 L. J., C. P. 65; 3 Jur., N.S. 642; it appeared that, under a charter, the mayor, aldermen, and common council of a borough appointed annually serjeants-at-mace, whose duties were to execute warrants, apprehend prisoners, assist in keeping the peace, &c. After the passing of the Municipal Corporations Act, 1835, the corporation continued to appoint serjeants-at-mace in the same manner as theretofore, and they discharged the same duties as previously, and were paid by the treasurer of the borough. A police force was also appointed by the watch committee. It was held that the serjeants-at-mace were appointed by the corporation under the charter and not under the Municipal Corporations Act, and were, therefore, not disqualified as "constables" from voting in the election of a borough member by sec. 9 of the 19 & 20 Vict., c. 69.

Quarterly Returns as to Borough Constables.

192.-The watch committee shall, on the first of January, the first of April, the first of July, and the first of October in every year, send to the Secretary of State a copy of all rules from time to time made by the watch committee or the council for the regulation and guidance of the borough constables.

For rules referred to, see sec. 191 (3), p. 164.

Power for Constables to Apprehend Disorderly Persons, &c.

193. A borough constable may, while on duty, apprehend any idle and 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 watchhouse, in order that he may either be secured until he can be brought before a justice, or, where the constable in attendance is empowered and thinks fit to take bail, give bail for his appearance before a justice.

As to the power of borough constables to take bail, see sec. 227.

Penalties on Constables for Neglect of Duty.

194. If a borough constable is guilty of neglect of duty, or of disobedience to a lawful order, he shall for every such offence be liable on summary conviction to imprisonment for any time not exceeding ten days, or, in the discretion of the court, to a fine not exceeding forty shillings, or to be dismissed from his office.

Penalty for Assaults on Constables.

195.—(1.) If any person assaults or resists a borough constable in the execution of his duty, or aids or incites any person so to assault or resist, he shall for every such offence be liable on summary conviction to a fine not exceeding five pounds.

(2.) But nothing in this section shall prevent any prosecution by way of indictment against any such offender, except that he shall not be prosecuted both by indictment and in a summary manner for the same offence.

The question has been raised whether the re-enactment of this provision has not the effect of superseding sec. 12 of the Prevention of Crimes Act, 1871, which renders a person convicted of an assault on a constable, when in the execution of his duty, liable to a penalty of £20, or to be imprisoned for six months with or without hard labour. In Mitchell v. Brown, 28 L. J., M. C. 55, Campbell, C. J., said: If a later statute again describes an offence which has been created by a former statute, and affixes a different punishment to it and varies the procedure, the later enactment must be taken as operating by way of substitution and not cumulatively. See also Henderson v. Sherburn, 2 M. & W. 239, and Middleten v. Crofts, 2 Atk. 674.

In R. v. Brickhall, 23 L. J., M. C. 156; 10 L. T., N.S. 385; 12 W. R. 826, it was held that on a summons, under the Municipal Corporations Act, for assaulting a constable in the execution of his duty, the accused could not be convicted of a common assault under the 24 & 25 Vict., c. 100, s. 42.