CONSOLIDATION OF BOROUGH AND COUNTY POLICE. SUPERANNUATION OF POLICE CONSTABLES, &c. THE POLICE ACT, 1840. (3 & 4 Vict., c. 88.) An Act to amend the Act for the Establishment of County and District Constables. [7th August, 1840.] Boroughs may agree to Consolidate their Police with County Police. 14. And be it enacted, that it shall be lawful for the justices of any county in which constables shall have been appointed under the said Act,1 and for the council of any incorporated borough situated in or adjoining to such county, to agree together for the consolidation of the county and borough police establishments; and in every such case all the constables appointed, either for the county or the borough, shall have all the powers, privileges, and duties throughout the county and the borough which constables appointed for any county have within that county under the said Act, and all the provisions of the said Act shall be taken to apply to the borough constables as well as to the county constables, except as is herein otherwise provided; and every such agreement which shall have been agreed to by the justices of the county in general or quarter session assembled, on the one hand, and by the mayor, aldermen and burgesses of the borough, by their council, on the other hand, shall be binding on both parties, as soon as a memorandum of such agreement under the hands of two or more justices of the county, and counter signed by the clerk of the peace, shall be delivered to the council of the borough, and a counterpart thereof under the common seal of the borough shall be delivered to the justices; and when any such agreement shall have been made between any county and any borough, either party shall be empowered to put an end thereunto, without the consent of the other party, after six months' notice in writing shall have been given to the other party; such notice, if given by the county, to be under the hands of two or more justices and countersigned by the clerk of the peace, or if given by the borough, to be under the common scal of the borough: Provided always, that no such notice shall be given by the justices or by the borough unless in either case such notice shall be agreed upon by a majority of three-fourths of the justices attending at any general or quarter session, or three-fourths of the council of the borough.2 1 The Act referred to is 2 & 3 Vict., c. 93. 2 With regard to arrangement by Her Majesty in Council of terms of consolidation of borough and county police establishments, see sec. 5 of the 19 & 20 Vict., c. 69, post. As to determination of agreement for consolidation, see sec, 20 of the 19 & 20 Vict., c. 69, fost. Government of Consolidated Police. 15. And be it enacted, that in all cases where the establishment of county and borough constables shall be consolidated into one police establishment, the chief constable of the county shall have the general disposition and government of all such constables, subject to the provisions herein-after contained, and at his pleasure may dismiss all or any of them; and whenever the chief constable shall dismiss one of the borough constables he shall report the fact, with his reasons for the dismissal, to the mayor of the borough, and the watch committee of the borough shall forthwith appoint another constable properly qualified, unless provision shall be made in such agreement that all constables shall be appointed by the chief constable; and no borough constable who shall have been dismissed by the chief constable shall be capable of being re-appointed for the same borough without the consent of the chief constable; and so much of the said Act for regulating corporations as empowers the said committee, or any two justices of the peace having jurisdiction within the borough, to dismiss any constable, shall be suspended, as to those boroughs whose establishment of constables is consolidated with the establishment of county constables, during the time that any agreement for such consolidation shall be in force. THE POLICE ACT, 1856. (19 & 20 Vict., c. 69.) An Act to render more effectual the Police in Counties and Boroughs in England and Wales. [21st July, 1856.] WHEREAS an Act was passed in the session holden in the second and third years of Her Majesty, chapter ninetythree, for the Establishment of County and District Constables by the Authority of the Justices of the Peace," which Act was amended by an Act passed in the session holden in the third and fourth years of Her Majesty, chapter eighty-eight: And whereas a police force has been established under the authority of the said Acts in several counties and part of counties in England and Wales: And whereas by the Act of the session holden in the fifth and sixth years of King William the Fourth, chapter seventysix, "to provide for the Regulation of Municipal Corporations in England and Wales," provision is made for the appointment of constables in all boroughs in England and Wales which are subject to that Act: And whereas, under the said secondly-mentioned Act, power is given to justices of counties and councils of boroughs to agree for the consolidation of the county and borough police establishments: 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: Her Majesty in Council, on Representations from Boroughs, may arrange terms of Consolidation with Counties. Power to Her Majesty to vary such terms from time to time. 5. 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 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. County Constables to have the like powers, &c., in Boroughs as Borough Constables have in the County. 6. 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 situate wholly or in part within such county, or within any county or part of a county in which they have authority, all such powers and privileges and be liable to all such duties 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. See also sec. 2 of the 22 & 23 Vict., c. 32, post. Constables to perform duties connected with the Police as directed by Justices or Watch Committees. 7. The constables acting under the said Acts of the second and third, and third and fourth years of Her Majesty, the fifth and sixth years of King William the Fourth, and this Act, or any of the said Acts, shall, in addition to their ordinary duties, perform all such duties connected with the police in their respective 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. See also sec. 2 of the 22 & 23 Vict., c. 32, post. Constable not to receive to his own use Fees for Performance of his Duties. 8. It shall not be lawful for any constable acting under the three said Acts of the second and third, and third and fourth 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. Borough Constables disqualified from Voting at certain Elections. 9. No head or other constable already appointed or hereafter to be appointed for any borough, under the said Act Y |