35 & 36 Vict. c. 92. CONSTABLES (PAROCHIAL). By the 35 & 36 Vict. c. 92, entitled "An Act to render unnecessary the General Appointment of Parish Constables," which recites that the establishment of an efficient police in the counties of England and Wales has rendered the general appointment of parish constables unnecessary; parish constables are not to be appointed except in the peculiar cases mentioned in such statute. Certain Parochial Constables may be appointed by Quarter Sessions.] By sect. 2 it is enacted, that "whenever the court of general or quarter sessions of any county shall by resolution determine that it is necessary, with a view to the preservation of the peace or the proper discharge of public business therein, that one or more parish constables should be appointed for any parish within the jurisdiction of such court, such constable or constables shall, until the said resolution shall have been rescinded, be and continue to be appointed for such parish according to the provisions of the law for the appointment of parish constables then in force." The 3rd section contains provisions for carrying out such resolution. Parish Vestries may determine upon having a paid Constable or Constables.] The 4th section enacts, that "the vestry of any parish not included wholly or in part within a borough, after due notice, may at any time resolve that one or more parish constables shall be appointed for their parish, and in such resolution may fix the amount of salary to be paid to him or them, which salary shall be paid out of the poor rate of the said parish, and a copy of such resolution shall be delivered by one of the overseers or some other officer of the parish to the justices of the petty sessional division in which the parish is situated, and such justices may appoint, by warrant under the hand and seal of two of them, some fit and competent person or persons willing to serve the office to be the constable or constables for the said parish, who shall hold his or their office until he or they shall resign or be dismissed for misconduct or incompetency by the justices of the said division, or the vestry shall determine to discontinue the appointment of a constable at the expiration of not less than six months from the day on which a copy of such resolution shall be delivered to the justices of the said division, and until the vestry shall come to such determination the justices shall renew the appointment upon the occurrence of any vacancy in the office." Two or more parishes may be united for the appointment under the provisions of sect. 5. Duties, Powers and Immunities of the Constables.] The 7th section subjects these constables to the authority of the chief constable of the county, and they are to be clothed with all the powers, duties, immunities, liabilities and incidents of parish constables. There are other sections applicable to the subject, which, however do not affect magisterial proceedings, and to which it is unnecessary 35 & 36 Vict. further to advert. CONSTABLES (SPECIAL). [All the provisions of the 1 & 2 Will. 4, c. 41, including those relating to matters to be done at a "special sessions," have for convenience been placed in Chap. II. of this Part under a similar title to this.] CONTAGIOUS DISEASES (ANIMALS) ACT, 1878. See "Sheep and Cattle (or Cattle Plague)," post. GAME. c. 92. c. 32; 2 & 3 Vict. c. 35. Justices' Licences to Persons to deal in Game.] By 1 & 2 Will. 4, 1 & 2 Will. 4, c. 32, s. 18, it is enacted,-"That the justices of the of peace every county, riding, division, liberty, franchise, city or town, shall hold a special session in the division or district for which they usually act.... in the month of July [and also at any time, and from time to time as often as they shall see fit after the said month of July in every year,' 2 & 3 Vict. c. 35, s. 4], for the purpose of granting licences to deal in game, of the holding of which session seven days' notice shall be given to each of the justices acting for such division or district, 7-and the majority of the justices assembled at such session or at some adjournment thereof, not being less than two, are hereby authorized (if they shall think fit) to grant, under their hands, to any person being a householder or keeper of a shop or stall within such division or district,— and not being an innkeeper or victualler, or licensed to sell beer by retail-nor being the owner, guard or driver of any mail coach or other vehicle employed in the conveyance of the mails of letters, or of any stage coach, stage waggon, van, or other public conveyance, -nor being a carrier or higgler, nor being in the employment of any of the above-mentioned persons, -a licence according to the form in the schedule (A.) annexed to this act [vide Oke's 'Formulist,' 6th ed. p. 644, for the form], empowering the person to whom such licence shall be so person who The special session will be convened by a notice from one justice addressed to such of the other justices of the division, as provided by 7 & 8 Vict. c. 33, s. 7, ante, p. 1186. 1 & 2 Will. 4, c. 32; 2 & 3 Vict. c. 35. 23 & 24 Vict. c. 90. deal in game;""—and by 2 & 3 Vict. c. 35, s. 4, "Every licence to deal in game, at whatever time the same shall be granted, shall continue in force from the granting thereof until the 1st day of July then next following, and no longer." By 1 & 2 Will. 4, c. 32, s. 21, "Persons being in partnership, and carrying on their business at one house, shop or stall only, shall not be obliged, by virtue of this act, to take out more than one licence in any one year to authorize them to deal in game at such house, shop or stall." Licence void on Conviction.] By 1 & 2 Will. 4, c. 32, s. 22, “if any person licensed by virtue of this act to deal in game, shall, during the period of such licence, be convicted of any offence whatever against this act, such licence shall thereupon become null and void." [See Offences by Licensed Dealers, under ss. 4, 28, tit. "Game,” Vol. I. Offences 26-32, pp. 451, 452.] Licence from Excise also.] By 23 & 24 Vict. c. 90, s. 14, "Every person who shall have obtained any licence to deal in game from the justices of the peace, under the provisions of the said two several acts [1 & 2 Will. 4, c. 32, and 2 & 3 Vict. c. 35], in the preceding clause mentioned, shall annually, and during the continuance of such licence, and before he shall be empowered to deal in game under such licence, obtain a further licence to deal in game under this act, on payment of the duty hereby charged thereon,-and if any person obtaining a licence from the said justices as aforesaid shall purchase or sell or otherwise deal in game before he shall obtain a licence to deal in game under the provisions of this act, he shall forfeit the sum of twenty pounds." 8 By s. 15, "No licence to deal in game shall be granted under the provisions of this act to any person, except upon the production of a licence for the like purpose duly granted to him by the justices of the peace, as aforesaid, and then in force." GAOLS-See PRISONS. 24 & 25 Vict. c. 91, s. 17. 8 By "The Inland Revenue Act," 24 & 25 Vict. c. 91, s. 17, which, after reciting that by the section in the text [23 & 24 Vict. c. 90, s. 14] a penalty of twenty pounds is imposed upon any person who shall obtain a licence to deal in game from the justices of the peace under the provisions of the & 2 Will. 4, c. 32, and 2 & 3 Vict. c. 35, therein referred to, and who shall purchase or sell, or otherwise deal in game before he shall obtain a licence to deal in game under the provisions of the 23 & 24 Vict. c. 90, enacts," That the said penalty shall be incurred by every person who, under the provisions of the said acts so referred to as aforesaid, ought to obtain a licence from the justices of the peace to deal in game, and who shall purchase or sell or otherwise deal in game before he shall obtain a proper excise licence under the provisions of the said first-mentioned act [i. e. 23 & 24 Vict. c. 90,] whether he shall have obtained a licence from the said justices or not :-and in any information exhibited for recovery of the said penalty, it shall be sufficient to allege, and upon the trial thereof to prove, that the defendant dealt in game without the licence required by the said first-mentioned act" [i.e. 23 & 24 Vict. c. 90]. HIGHWAYS. 9 c. 50. Special Sessions for Purposes of.] By 5 & 6 Will. 4, c. 50, s. 45, 5 & 6 Will. 4, the justices of the peace within their respective divisions, or any two or more of them, are to hold not less than eight nor more than twelve special sessions in every year for executing the purposes of the act, the days of the holding thereof being appointed at a special sessions held within fourteen days after 20th March in every year, but no notice is necessary to be given to any justice resident within the division of the time of the holding thereof. [Forms, Nos. 1—3, pp. 644, 645, Oke's "Formulist," 6th edit.] All Matters may be transacted in Petty Sessions.] By 27 & 28 Vict. c. 101, s. 46, "the justices assembled in petty sessions at their usual place of meeting may exercise any jurisdiction which they are authorized under the Highway Acts [5 & 6 Will. 4, c. 50; 25 & 26 Vict. c. 61; 27 & 28 Vict. c. 101], or any of them, to exercise in special sessions.". Notwithstanding this enactment, as many of the matters must necessarily be transacted at appointed times, the division of them in this work into "Special Sessions" and "Petty Sessions" "matters, is still retained in this edition. Accounts.] Surveyor to verify accounts [after they have been signed by him and allowed by the vestry (s. 44)], and statement of name and residence of successor (s. 10). An assistant surveyor is not obliged to keep accounts (Adams v. Lakeman, 27 L. J. (N. S.) M. C. 307; 31 Law T. 199). [Forms of Precepts to Surveyors, Allowance of Accounts, &c., &c., Nos. 4, 5, p. 646, Oke's“ Formulist," 6th edit.] In highway districts, formed under 25 & 26 Vict. c. 61, the above provisions will not apply (see s. 42, sub-s. 8, and 8.43), because the highway board will be there deemed the surveyor (s. 11); but the appeal is allowed to the quarter sessions by 27 & 28 Vict. c. 101, s. 38. Appointment of Surveyor-Dismissal.] By vostry. If vestry have refused or neglected to nominate, to be done by justices at a special Will. 4, c. 50, s. 11), [and in highway districts formed under 25 & sessions, and surveyor refusing to act, &c. may be dismissed (5 & 6 26 Vict. c. 61, a instead of a surveyor, ss. 11, 43]. The appointments must be made waywarden may be elected in like manner, s. 10, 9 Who are Surveyors-Justices disqualified.] The highways in the six counties in South Wales of Glamorgan, Brecknock, Radnor, Carmarthen, Pembroke, and Cardigan, are regulated by the 23 & 24 Vict. c. 68, where all the matters under the Highway Act may be transacted in petty sessions (sect. 42), and now also in other parts of England. By the Public Health Act, 1848 (11 & 12 Vict. c. 63, s. 117), the local board of health within the limits of their district are to execute the office of and be surveyor of highways. In highway districts formed under 25 & 26 Vict. c. 61, the highway board constituted under it will be the surveyor (see sects. 11, 43). As to justices disqualified, c. 101, s. 46, ante, p. 32. see 25 & 26 Vict. c. 61, s. 38, and 27 & 28 Vict. 5 & 6 Will. 4, at the special sessions subsequent to that at which the refusal or c. 50. neglect of the parish to elect is proved to the justices, the section being merely directory in this respect (Reg. v. Best, 16 L. J. (N. S.) M. C. 102). The office continues for a year. See sect. 12, where a parish is in more than one county [or sessional division, 22 & 23 Vict. c. 65, s. 2]. As to appointment of district surveyor, see ss. 13, 14, 15. [Form of Appointment, No. 8, p. 647, Oke's "Formulist," 6th edit.] Determination as to Utility of Highway.] By 5 & 6 Will. 4, c. 50, s. 23, any one justice, on application of surveyor, is to summon a party, proposing to make a new highway and dedicate it to the public, to appear at the next special sessions, and the justices thereat are to determine the question as to the utility of such highway, &c. An appeal lies against this determination under sect. 105, Note 211, Vol. I. p. 483, as an order, &c., for which no particular method of relief hath been already provided (Reg. v. Justices of Derbyshire, 27 L. J. (N. S.) M. C. 189). As to the appeal, see further 12 & 13 Vict. c. 45, s. 1, Note 5, ante, p. 252. As to the repairs of such streets within the districts of local boards of health, see 11 & 12 Vict. c. 63, ss. 70, 73; 21 & 22 Vict. c. 98, ss. 36, 37. Adoption of Private Road as Highway.] 5 & 6 Will. 4, c. 50, s. 62, provides a remedy for making a highway liable to be repaired by any party ratione tenure, &c. a parish highway, after consent of vestry and summoning the surveyor and party,-the justices fixing the annual proportion of expenses of repairs, or the sum to be paid in discharge of repairs. [Forms, pp. 659, 660, Oke's "Formulist," 6th edit.] Roads out of Repair. 10] No action is maintainable against the surveyor for non-repair of a road (Young v. Davis, 6 Law T., N. S. 363), but an information should be preferred against him before justices, and a summons issued to him to show cause, to be heard at a special sessions. Justices to appoint person to view and report thereon, or justices themselves to view and convict surveyor or 10 Where the road is a turnpike road, the correct line of procedure is pointed out, and the necessary forms given in Oke's "Law of Turnpike Roads," 2nd ed. pp. 209-216; and the Author's view of the course warranted by the decisions has been since confirmed by Reg. v. Trafford, 5 E. & B. 967; and see In re Gordon Surveyors, 25 L. J. (N. S.) M. C. 70. In Reg. v. Arnould, 27 L. J. (N. S.) M. C. 92, it was held, that if the obligation to repair is denied by the surveyor, the special sessions cannot inquire whether the highway is one which the parish is liable to repair; but are bound, under 5 & 6 Will. 4, c. 50, s. 95, to direct an indictment to be preferred against the inhabitants of the parish. They have a discretion only to inquire as to whether the parish or some other parties are the parties to be proceeded against by indictment (Reg. v. Justices of Berks, 30 Law T. 149). But the road must be a highway (Reg. v. Cleckheaton, 11 Law. T., N. S. 305; Reg. v. Askerton, 11 Law. T., N. S. 706; Reg. v. Johnson, 34 L. J. (N. S.) M. C. 85; Reg. v. Farrer and others (Justices of Dorset), 25 L. J. (N. S.) Q. B. 230). |
