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and the liberties thereof, or in any places beyond the banks, towing. paths, and other the premises belonging to such company, as may be situate within any other city, or any incorporated borough (section 1).
PAYMENT.—Every such company of proprietors may pay to every such constable out of the moneys and effects of the company such salary or allowances and at such times and in such manner as the company shall think fit (section 3).
NEGLECT OF DUTY.-Every constable guilty of any neglect or breach of duty in his office is liable to a penalty of 101. (which may be deducted from salary due), or imprisonment for one month (section 4), and failure to deliver up clothing, &c., on dismissal or cessation of office, is also punishable with imprisonment, and a search warrant may be granted for articles not so delivered over (section 5).
ASSAULT ON CONSTABLES.-Any person assaulting or resisting such constables in the execution of their duty, or aiding or inciting any person so to do, penalty 101., or two months' imprisonment (section 6).
OFFENCES.—Every person who shall be found upon any such canal or river, or in or upon any lock, dock, warehouse, wharf, quay, or bank thereof, or on board of any boat or vessel lying or being in any such canal or river, or in any lock or dock thereunto belonging, having in in his possession or under his control any tube or other instrument for the purpose of unlawfully obtaining any wine, spirits, or other liquors or goods, or having in his possession any skin, bladder, or other utensil for the purpose of unlawfully secreting or carrying away any such wines, spirits, or other liquors or goods, and any person who shall attempt unlawfully to obtain any such wine, spirits, or other liquors or goods, shall for every such offence be liable to a penalty not more than 51., or in the discretion of the magistrate before whom he shall be convicted, may be imprisoned in the gaol or house of correction for the county, with or without hard labour, for any time not more than one calendar month (section 7).
Every person who shall bore, pierce, break, cut open, or otherwise injure any cask, box, or package containing wine, spirits, or other liquors, or any case, box, sack, wrapper, package, or roll of goods on board of any boat, vessel, or waggon, or in or upon any warehouse, wbarf, quay, or bank of or belonging to any such canal or river, with intent feloniously to steal or otherwise unlawfully obtain or to injure the contents or any part thereof, or who shall unlawfully drink or wilfully spill, or allow to run to waste any such liquors, or any part thereof, shall for every such offence be liable to a penalty not more than 51, over and above the value of the goods or liquors so taken or destroyed, or, in the discretion of the magistrate before whom he shall be convicted, may be imprisoned in such gaol or house of correction, with or without hard labour, for any time not more than one calendar month (section 8).
APPREHENSION OF OFFENDERS.—Idle and disorderly persons disturb ing the peace, or whom the constable may suspect of having committed or being about to commit any felony, misdemeanor, or breach of the peace or other offence against this Act, or found loitering about the towingpath, landing place, &c., between sunset and eight o'clock in the morning, and not giving a satisfactory account of himself, may be apprehended without a warrant (sections 10 and 11); and any person offering property suspected to be stolen may be detained and delivered over to the constable (section 12). Penalties are recoverable before two justices (section 14).
Towns Police Constables.
In towns in which there may be a special Act for the regulation of the police passed after the 22nd July, 1847, if the special Act shall have adopted the clauses of 10 & 11 Vict. c. 89, “for consolidating in one Act certain provisions usually contained in Acts for regulating the police of towns,” the mode of appointing constables in such towns is set forth in sections 6, 7, and 8, of 10 & 11 Vict. c. 89. Section 9 provides for expenses of prosecution and allowances to
such constables. Under section 10 constables are liable to a penalty of 51, or four
teen days' imprisonment should they resign without leave or
notice. Section 11—Constables dismissed to deliver up accoutrements.
Penalty for unlawful possession of accoutrements or for
assuming dress of constable, 101. (section 14). Section 13 empowers commissioners to provide offices, watch
houses, &c. Section 14 enacts that the constables appointed by virtue of this
and the special Act shall keep watch and ward within the limits of the special Act, and shall use their best endeavours to prevent any mischief by fire, and all felonies, misdemeanors,
and breaches of the peace. Under section 15 any person found committing any offence punish
able either upon an indictment or as a misdemeanor upon summary conviction by virtue of this or the special Act may be taken into custody, without a warrant, by any of the said constables, or may be apprehended by the owner of the property on or with respect to which the offence is committed, or by his servant or any person authorized by him, and may be detained until he can be delivered into the custody of a constable; and the persons so arrested shall be taken, as soon as conveniently may be, before some justice, to be examined and dealt with according to law ; provided always, that no person arrested under the powers of this or the special Act shall be detained in custody by any constable or other officer, without the order of some justice, longer than shall be necessary for bringing him before a justice, or than forty hours at the utmost (section 15).
Section 16 (Neglect of Duty) enacts that every constable acting within the limits of the special Act who is guilty of any neglect or violation of his duty as a constable, and convicted thereof before two justices, shall be liable to a penalty not exceeding 101.; the amount of which penalty may be deducted from his salary or wages, or he may be imprisoned for one month with hard labour
Section 17 empowers the superintendent constable or superior officer of police to take recognizances in certain cases. Section 18.-Forms of recognizances. Recognizances are to be registered and returned to justice (section 19).
A constable is liable to a penalty of 101. or imprisonment for one month for neglect of duty (section 16).
And persons are liable to a penalty of 51. or one month's imprisonment for assaulting constables in execution of duty (section 20).
The course to be taken in the investigation of crimes must to a great extent be left to the discretion of the officer in charge of each particular case, and the success or otherwise of the inquiry will depend on his ability and experience. The following preliminary steps, however, may with advantage be adopted when investigating cases of murder, burglary, arson, rape, &c.:
In all serious cases of outrage the constable should at once send a messenger to inform his superior officer, he himself proceeding to the scene to make immediate inquiry. Information of the outrage should be circulated as rapidly as possible, and every endeavour made to cut off the escape of the perpetrators.
MURDER.--- In cases of murder (a) the police should take possession of the dead body. The position in which it is found should be carefully noted, but the body itself should not be moved, unless public decency be offended, until it has been seen by some superior officer. A surgeon should, if practicable, be called in to examine the body, and any natural or other marks noted. The teeth and hands of deceased should be carefully examined, to see if he has grasped any skin, hair, &c., of his assailant. If the deceased is unknown, the body should, if possible, be photographed, a careful description being taken in writing.
Notes should be made of the condition of the clothing, the position of the wound, and how and with what instrument caused; and careful search should be made for the weapon, for portions of clothing, for bullets, shot, gun-wadding, footprints, blood-stains, or anything that would assist in tracing guilt.
The motive for the crime should be, if possible, inquired into and ascertained—whether any one had an ill-feeling towards deceased, or was interested in his death-whether the motive was one of robbery or revenge, &c.-whether the plans for the murder were laid in such manner as to show that an intimate knowledge of the habits of the deceased was possessed by the murderer.
If any person or persons are suspected on good grounds they should be arrested, unless there is reason to believe that an immediate arrest would tend to prevent the discovery of evidence, in which case a discretion as to the time and manner of arrest may be exercised, care being taken that the suspected person do not in the meantime evade justice.
(a) See also title “Homicide" (GENERAL SUBJECTS), post
Upon the arrest of the accused, his person and clothing should be carefully searched, and his body examined for marks or wounds caused by any struggle. His clothes should be carefully examined for blood. marks, which if found should be analysed. The accused's house, lodg. ings, and effects should be searched for weapons, documents, stained clothing, &c.
If the case be one of poisoning, search should be made for bottles, boxes, powders, &c., which should be seized, and all evacuations by vomit, &c., of the deceased should be taken possession of, put into clean vessels, and sealed for analysis.
In all cases of murder the greatest attention should be paid to details, and the most careful memoranda made.
Regarding “dying declarations," see title “Evidence” (GENERAL SUBJECTS), post.
BURGLARY AND HOUSEBREAKING.- In cases of burglary (6) or housebreaking special notice should be taken of the manner in which an entrance has been effected, with a view to ascertaining whether the outrage has been perpetrated by persons acquainted with the place or by strangers. Inquiry should be made at public-houses, railway stations, &c., to ascertain whether any suspicious persons have been seen about. An accurate description of the articles stolen should be taken and at once circulated, copies being sent to the police in neighbouring towns for their information and for the information of pawnbrokers and others.
Careful search should be made of all adjoining premises, outhouses, sheds, &c., for traces of the thieves or of the stolen property. The ground under the windows and around the house should be closely examined, and if footmarks be found they should be measured and securely covered with boards, or other means of protection, in order to preserve them.
See title “ Footmarks,” p. 8, ante.
Police approaching a house in which burglars are supposed to be should first make sure that the retreat of the thieves is cut off before they enter.
CATTLE OR SHEEP STEALING.-In these cases careful search should be made not only for the track of the animals, but also for the footprints of the person who drove them; also for wheel-tracks at gateways, gaps at hedges, &c., and the bushes and fences near gaps should be examined for traces of wool or hair. Inquiry should be made in butchers' shops, tan-yards, wool-staplers, and at railway and canal stations, and the police in any neighbouring town where a fair or market is being held should be at once communicated with.
FOWL STEALING.-As this description of proeprty is frequently hidden by the thieves in adjoining fields or premises, and subsequently removed, careful search should be made for footprints and tracks of cart-wheels;
(6) See also title “ Burglary” (GENERAL SUBJECTS), post.