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c. 32, but the power of justices in quarter sessions to settle tables of fees and allowances (subject to approval of Secretary of State) is retained as far as relates to the county constabulary.
ADDITIONAL CONSTABLES MAY BE APPOINTED AT Cost OF INDI. VIDUALS.-DISCONTINUANCE THEREOF.—Section 19.-It shall be lawful for the chief constable of any county, with the approval of the justices of the county in general or quarter sessions assembled (if he shall think fit), on the application of any person or persons showing the necessity thereof, to appoint and cause to be sworn in any additional number of constables, at any place within the limits of his authority, at the charge of the person or persons by whom the application shall be made, but subject to the orders of the chief constable, and for such time as he shall think fit; and every such constable shall have all the powers, privileges, and duties of other county constables. Provided always that it shall be lawful for the person or persons on whose application such appointment shall have been made, upon giving one calendar month's notice in writing to the chief constable, to require that the constables so appointed shall be discontinued, and thereapon the chief constable shall discontinue such additional constables.
Sections 20, 21, 22 and 23 provide for discontinuance of watchmen and local constables, and the cessation of rates leviable under 3 & 4 Will. 4, c. 90, and local Acts. (See also 19 & 20 Vict. c. 69, s. 19.)
Section 24 is repealed by 19 & 20 Vict. c. 69, s. 21.
WHERE TWO CHIEF CONSTABLES, RATES MAY BE LEVIED SEPARATELY.-Section 25 enacts, in any county in which two chief constables shall have been appointed under the authority of the said Act, it shall be lawful for the justices of the said county, if they shall think fit, in general or quarter session assembled, to order that separate accounts shall be kept of the expenses of the force placed under the authority of each chief constable, and that the police rates shall be assessed and levied separately upon the districts of each chief constable, and applied separately to the expenses of the police force maintained therein.
NUMBER OF SUPERINTENDENTS MAY BE ALTERED BY THE JUSTICES. --Section 26.- Whereas it has been found unnecessary that a superintendent be appointed for every petty sessional division of a county in which the first-recited Act has been adopted: Be it enacted that it shall be lawful for the justices in general or quarter session assembled, with the approval of one of Her Majesty's principal Secretaries of State, to direct how many of the constables shall be appointed superintendents, and to direct the appointment of inspectors and sergeants and other subordinate officers, with such gradations of rank and pay and such variety of duties as shall be found expedient; and it shall be lawful for the justices to make such orders as to them shall appear expedient touching the attendance of the superintendents, inspectors, sergeants, or other subordinate officers among the said constables upon the justices at their several sessions.
POLICE DISTRICTS.-Section 27 empowers justices to divide the county or any part thereof into police districts, consisting of such parishes, &c., as shall appear to them most convenient, and to declare the number of
constables which ought to be appointed for each police district, and a report of every such proposed division, &c., shall be sent to the Secretary of State, and if approved by the Secretary of State such division or alteration shall be deemed to be completed.
EXPENSES, &c.-Section 28.— Regarding defrayment of expenses in police districts, the general expenditure to be defrayed in common by all the districts. The local expenditure consisting of the expense of salaries, clothing, &c., to be defrayed by each police district separately.
CONSTABLES SUBJECT TO DUTY IN ANY PART OF COUNTY.-Notwithstanding the division of any county or part of any county into police districts, the constables of all such districts shall continue as part of the same force, and be subject to the same authority, and be liable, if required, to perform the same duty, in any part of the county or elsewhere, as if no such division into police districts had been made.
Sections 29 and 30 are repealed.
MONTHLY RETTEN OF CONSTABULARY FORCE.-Section 31.—“Every chief constable shall, on the first day of every month, transmit to the clerk of the peace for the county for which or for some district whereof such constable shall act a return showing the actual disposition and number of the constabulary force of the county or district for which such constable shall act during the preceding month, which return shall specify the changes made from time to time in such force as well in number as by name, and shall distinguish by number and name the members of the police force of any other district serving within his district; and the clerk of the peace shall cause the said return to be laid before the justices at the next ensuing quarter sessions for examination.”
MONTHLY RETURNS OF FORCE BY SUPERINTENDENTS.-Section 32.“Every superintendent appointed under this Act shall, on the first day of every month, send to the chief constable a return showing the actual disposition and number of the constables of the county under his superintendence during the preceding month, which return shall specify the changes made from time to time therein, as well in number as by name; and the chief constable shall send a copy of all such returns to the clerk of the peace for the county, to be laid before the justices of the peace at their next general or quarter sessions of the peace.”
WARRANTS OF COMMITMENT, HOW EXECUTED. — Section 33. “ Whenever a warrant of commitment of any person to any gaol or house of correction shall be directed and delivered to any constable in any county in which constables shall have been appointed under the said Act of the last session of Parliament, it shall be lawful for the justice or justices by whom such warrant shall be signed, if he or they shall think fit, in and by such warrant, to command the constable to whom the warrant is directed, and all other constables to whom the warrant shall be succes. sively delivered as hereinafter provided, to convey and deliver the body of the person so committed with the warrant, into the custody of the constable who shall be in attendance at the nearest or most convenient station house or strong room belonging to the said police force lying in the way towards the said gaol or house of correction, or to such other constable as shall be appointed by the regulations of the police force to take charge of persons so committed; and every constable into whose custody any such person shall be so successively delivered shall endorse upon the warrant a certificate in writing under his hand of the delivery of sach person into his custody, and the time and place of such delivery, and such certificate shall discharge the constable so delivering over the body of such person from further execution of the warrant; and it shall be lawful for any constable into whose custody such person shall have been so delivered to complete the execution of the warrant, by conveying and delivering the body of such person either to the said gaol or house of correction, or into the custody of the constable in attendance at the next station house or strong room as aforesaid, or to such other constable as shall be appointed by the regulations of the police force to assist in taking charge of persons so committed ; and every constable into whose custody any persons shall be so delivered, and who shall have endorsed such certificate upon the warrant, shall have the same powers, privileges, and protections for and in the execution of such warrant as if the same had been originally directed to him by name.”
INTERPRETATION CLAUSE.-Section 34.-In construing this Act the words “county” and “ quarter sessions" shall be taken to be used in the same sense in which they are used in the first-recited Act: Provided always, that neither in the first-recited Act nor in this Act shall the word "county” be taken to mean any liberty or franchise having a distinct commission of the peace separate from the commission of the peace of the county or riding in which it is situated: Provided also, that nothing herein contained shall extend to affect the Isle of Ely, or the powers of the justices named in the commission of the peace thereof, or to give any power or authority within the Isle of Ely to the justices named in the commission of the peace of the county of Cambridge.
ACTS TO BE CONSTRUED TOGETHER.—Section 35.—This Act, and so much of the said Act of the last session of Parliament as is not inconsistent with this Act, shall be construed together as one Act. (The section contains a proviso regarding voting, &c., by local constables, which is now repealed.]
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.
Section 1 enacts that a constabulary force shall be established in every county.
Section 2 contains a proviso regarding forces in course of establishment.
Section 3 provides for consolidation into one county force of divisional forces.
Section 4. Where it appears that a distinction should be made in the number of constables to be appointed to keep the peace in different parts of a county, it shall be lawful for Her Majesty, by order in council, to require separate police districts to be constituted in a county.
Section 5 enacts that Her Majesty in council, on representations from boroughs, may arrange terms of consolidation with counties, with power to vary such terms from time to time.
COUNTY CONSTABLES TO HAVE THE LIKE POWERS, &c., IN BOROUGHS AS BOROUGH CONSTABLES HAVE IN THE COUNTY.-Section 6 enacts that “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.”
CONSTABLES TO PERFORM DUTIES CONNECTED WITH THE POLICE AS DIRECTED BY JUSTICES OR WATCH COMMITTEES.-By section 7, the constables acting under the Acts 2 & 3 Vict. c. 93, 3 & 4 Vict. c. 88, and 5 & 6 Will. 4, c. 76 (for which 45 & 46 Vict. c. 50, is now substituted), 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.
CONSTABLES RECEIVING FEES. -By section 8, it shall not be lawful for any constable acting under the Acts 2 & 3 Vict. c. 93, 3 & 4 Vict. c. 88, and 5 & 6 Will. 4, c. 76 (for which 45 & 46 Vict. c. 50, is now substituted), and this Act, or any of the said Acts (other than a local constable appointed under 3 & 4 Vict. c. 88), 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 11 & 12 Vict. c. 14 (for which 22 & 23 Vict. c. 32, is now substituted; see that Act, section 7), or of any local or other Act of Parliament.
BOROUGH CONSTABLES VOTING AT ELECTIONS.-By section 9, no head or other constable already appointed or hereafter to be appointed for any borough, under the Act 5 & 6 Will. 4, c. 76 (for which 45 & 46 Vict. c. 50, is now substituted), 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; offender to forfeit the sum of 101., recoverable by any person who shall sue for same within six months of offence.
GRATUITIES.—By section 10 (a), 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 3 & 4 Vict. c. 88, such sum in gross as a gratuity upon his retirement as to the said justices may seem proper.
DEFICIENCY IN SUPERANNUATION FUND TO BE MADE UP OUT OF POLICE RATE.-By section 11, if at any time tha superannuation fund mentioned in 3 & 4 Vict. c. 88, 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, rate. ably in proportion to the number of constables appointed for each such district respectively.
GRATUITIES TO OFFICERS SUPERSEDED BY COUNTY POLICE.-By section 12, 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.
SUPERANNUATIONS TO CHIEF CONSTABLES.—By section 13, 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
(a) Section 10 is amended by section 3 of 28 Vict. c. 35, which admits of annual allowances being granted for a limited time.