Sivut kuvina
PDF
ePub

either upon

deliver to the directors, &c., accounts of money received and had, 8 & 9 Vict.
paid and disposed of, with the vouchers, and pay the balance thereon. c. 16.
By sect. 111, if any such officer fail to render account, or to produce
and deliver up the vouchers and receipts relating to the same in his
possession or power, or to pay the balance thereof when required,
or if for three days after required he fail to deliver up to the direc-
tors, or to any person appointed by them to receive the same, all
papers and writings, property, effects, matters and things in his
possession or power, relating to the execution of this or the special
act, or any act incorporated therewith, or belonging to the company,
--then, on complaint thereof being made to a justice, such justice
is to summon such officer to appear before two or more justices, to
answer such charge;--and upon the appearance of such officer, or
in his absence upon proof that the summons was personally served
upon him, or left at his last known place of abode, such justices may
hear and determine the matter, and adjust and declare the balance
owing by such officer ;-and if it appear,

confession of such officer or upon evidence, or upon inspection of the account, that any moneys of the company are in the hands of such officer, or owing by him to the company, such justices may order such officer to pay the same ;-and if he fail to pay the amount, such justices may grant a warrant to levy the same by distress, or, in default thereof, to commit the offender to gaol, there to remain without bail for not exceeding three [calendar, s. 3) months, unless sooner paid. By sect. 112, if any such officer refuse to make out such account in writing, or to produce and deliver to the justices the several vouchers and receipts relating thereto, or to deliver up any books, &c. in his possession or power, belonging to the company, such justices may lawfully commit such offender to gaol, there to remain until he shall have delivered up all the vouchers and receipts,

any, in his possession or power, relating to such accounts, and have delivered up all books, &c., if any, belonging to the company By sect. 113, a warrant may be granted in the first instance by a justice, if a director or other person on behalf of the company shall make oath that he believes it is the intention of the officer to

[ocr errors][merged small]

abscond.

Damages.] Damages, costs, or expenses not otherwise provided for are to be ascertained by and recovered before two justices, by distress, seven days after demand (ss. 142, 143, 144, 150).

Appeal.] An appeal is given against any determination or adjudication of a “penalty or forfeiture” by sect. 159, Note 401,

Vol. I. p. 723.

Cancellation of Forfeited Shares.] Declaration to be made before

a justice (s. 5).

Appointment of Receiver. ] By two justices (s. 26).

[graphic]

18 Geo. 3, c. 19.

CONSTABLES (IN GENERAL). Accounts against Parishes.] By 18 Geo. 3, c. 19, s. 4, constables are to deliver to the overseers every three months, and within fourteen days after going out of office, an account of money expended by them or received on account of their respective parishes. If the account be allowed at a meeting of the inhabitants, the sum is to be paid out of the poor rates; if disallowed, a justice may settle it (the constable giving notice to the overseers to attend), from whose determination an appeal lies to the quarter sessions (Form, Oke's Formulist,” 6th edit. p. 738]; but there appears no remedy before justices for recovering the amount allowed, as no order is made. Fees paid by the constables (whether appointed under the County Police Acts or not) to justices' clerks on proceedings against vagrants are money expended by them on account of the parish (Reg. v. Chelmsford, 12 L.J. (N.S.) M. C. 139; 5 Ad. & E., N. S. 66), and an order may be made for them under this act and not under 5 & 6 Vict. c. 109, s. 17 (Overseers of Neithorp v. Justices of Banbury, 9 Law T., N, S. 383). The amount cannot be disallowed by the poor law auditor (11 & 12 Vict. c. 91, s. 6).

.

CONSTABLES (SPECIAL). 1 & 2 Will. 4, The act relating to special constables is the 1 & 2 Will. 4, c. 41, c. 41.

passed 15th October, 1831, which was amended in one particular only by the 5 & 6 Will. 4, c. 43. It will be seen that some of the matters here mentioned must take place in “Special Sessions,” the whole of the provisions of the act being placed in this chapter for convenience of having them at one view.

Appointment of Special Constables generally.] By 1 & 2 Will. 4, c. 41, s. 1, "in all cases where it shall be made to appear to any two or more justices of the peace of any county, riding or division having a separate commission of the peace, or to any two or more justices of the peace of any liberty, franchise, city or town in England or Wales, upon the oath of any credible witness, that any tumult, riot or felony has taken place or may be reasonably apprehended in any parish, township, or place situate within the division or limits for which the said respective justices usually act, and such justices shall be of opinion that the ordinary officers appointed for preserving the peace are not sufficient for the preservation of the peace, and for the protection of the inhabitants and the security of the property in any such parish, township or place as aforesaid, then and in every such case such justices,—or any two or more justices acting for the same division or limits, -are hereby authorized to nominate and appoint, by precept in writing under their hands, so many as they shall think fit of the householders or other persons (not legally exempt from serving the office of constable) residing in such parish, township or place as aforesaid, or in the neighbourhood 1 & 2 Will. 4, thereof (or not so residing, if willing to act, 5 & 6 Will. 4, c. 43, s. 1],

c. 41. to act as special constables, for such time and in such manner as to the said justices respectively shall seem fit and necessary, for the preservation of the public peace, and for the protection of the inhabitants, and the security of the property in such parish, township or place;

"And the justices of the peace who shall appoint any special constables, by virtue of this act, or any one of them, or any other justice of the peace, acting for the same division or limits, are and is hereby authorized to administer to every person so appointed the following declaration (31 & 32 Vict. c. 72. s. 12, sub-s. 4; that is to say,

"'I, A. B., do solemnly and sincerely declare, that I will well and truly serve our sovereign (lady the Queen) in the office of special constable for the parish [or township] of

without favour or affection, malice or ill-will; and that I will to the best of my power cause the peace to be kept and preserved, and prevent all offences against the persons and properties of [her] Majesty's subjects; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law.”

" Provided always, that whenever it shall be deemed necessary to nominate and appoint such special constables as aforesaid notice of such nomination and appointment, and of the circumstances which have rendered such nomination and appointment expedient, shall be forthwith transmitted by the justices making such nomination and appointment to one of his Majesty's principal secretaries of state and to the lieutenant of the county.” (Persons refusing to take the declaration (31 & 32 Vict. c. 72, 8. 12, sub-s. 4] of office, or to appear at place summoned to take it, see penalty to Offences 21, 22, Vol. I. p. 358.]

(Forms of Deposition to ground Appointment, Precepts appointing Constables, Summons to attend and be Sworn, Certificates of Appointment and of Oath taken, and Notification to Secretary of State and Lord Lieutenant, Nos. 1—9, pp. 738—741, Oke's "Formulist,” 6th edit.]

The persons so appointed and sworn to act continue in office until their appointment is suspended or determined, if no time be limited in the precept by which they are appointed (see Reg. v. Porter, 9 Car. & P. 778; R. v. Best, 16 L. J. (N. S.) M. C. 102).

Appointments under Order of Secretary of State.] By sect. 2, "in any case in which any number of the householders, or other persons not legally exempt from serving the office of constable [for which Bee 5 & 6 Vict. c. 109, s. 6), shall have been appointed by the justices in manner aforesaid to act as special constables for any such parish, township or place as aforesaid, it shall be lawful for any one of his Majesty's principal secretaries of state, on the representation of any two justices of the peace, to order that the

48

0.8.

VOL. II.

[graphic]

a

1 & 2 Will. 4, persons exempt by law from serving as special constables in such c. 41.

parish, township or place, or the neighbourhood thereof, shall, notwithstanding such exemption, be appointed and sworn in to act as special constables as if they were not by law exempt;-and such persons shall accordingly be appointed and sworn in manner aforesaid, and shall be liable to act for two calendar months only.” By sect. 3, "it shall be lawful for any of his Majesty's principal secretaries of state to give direction to the lieutenant of any county to cause special constables to be appointed and sworn in manner aforesaid throughout the whole of such county or any portion thereof, whether a hundred or hundreds, parish or parishes, or any other known division or divisions, of whatever size or denomination, and to signify, if such secretary of state shall see fit, that no person shall be excused from being so appointed and sworn in by reason of any exemption; provided always, that the person so appointed and sworn in, whether having cause of exemption or not, shall only be called upon to act for three calendar months.”

Powers of Constables.] By sect. 5, "every special constable appointed under this act shall, not only within the parish, township or place for which he shall have been appointed, but also throughout the entire jurisdiction of the justices so appointing him, have, exercise and enjoy all such powers, authorities, advantages and immunities, and be liable to all such duties and responsibilities as any constable duly appointed now has within his constablewick by virtue of the common law of this realm, or of any statute or statutes.” By sect. 6, "where any special constables appointed under this act shall be serving within any county, and two or more justices of the peace of any adjoining county shall make it appear to the satisfaction of any two or more justices of the peace acting for the division or limits wherein such special constables are serving, that any extraordinary circumstances exist which would render it expedient that the said special constables should act in such adjoining county, then and in every such case the said last-mentioned justices are hereby authorized (if they shall think fit) to order all or any of the said special constables to act in such adjoining county in such manner as to the said last-mentioned justices shall seem meet;-and every such special constable, during the time that he shall so act in such adjoining county, shall have, exercise and enjoy all such powers, authorities, advantages and immunities, and be liable to all such duties and responsibilities as if he were acting within the parish, township or place for which he was originally appointed."

Regulations for organizing Constables or removing them for Misconduct, dc.] By sect. 4, "the justices of the peace who shall have appointed any special constables under this act, or any two of them,-or the justices acting for the division or limits within which such special constables shall have been called out, at a

[ocr errors][ocr errors][merged small][merged small][merged small][merged small][ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

special session of such last-mentioned justices, or the major part 1 & 2 Will. 4,
of such last-mentioned justices at such special session,-shall have c. 41.
power to make such orders and regulations as may from time to
time be necessary and expedient for rendering such special con-
stables more efficient for the preservation of the public peace, -
(For refusing to serve or disobeying such orders, &c., see Offence
24, Vol. I. p. 358]—and shall also have power to remove any such
special constable from his office for any misconduct or neglect of
duty therein.” By sect. 14, “ the justices of the peace assembled
at any special session for any of the purposes mentioned in this
act, shall have power to adjourn the same from time to time as
they shall think proper;

and “

every special session which shall have been actually holden for any of the purposes mentioned in this act shall be deemed and taken to have been legally holden, until the contrary shall be proved.”

Determining Services of ConstablesDelivery up of Staves, &c.] By sect. 9, "the justices who shall have appointed any special constable under this act are hereby empowered,- ---or the justices acting for the division or limits within which such special constables shall have been called out,—at a special session to be held for that purpose (which may be adjourned, see s. 14, supra), or the major part of such last-mentioned justices at such special session, are hereby empowered to suspend or determine the services of any or all of the special constables so called out, as to the said justices respectively shall seem meet;—and notice of such suspension or determination of the services of any or all of the said special constables shall be forthwith transmitted by such respective justices to one of his Majesty's principal secretaries of state, and also to the lieutenant of the county.” By sect. 10, “every such special constable shall, within one week after the expiration of his office, or after he shall cease to hold and exercise the same pursuant to this act, deliver over to his successor (if any such shall have been appointed), or otherwise to such person and at such time and place as may be directed by any justice of the peace acting for the division or limits within •which such special constable may have been called out, every staff, weapon, and other article which shall have been provided for such special constable under this act.” [Penalty for omitting or refusing so to do, see Offence 23, Vol. I. p. 358.]

Protection of Constables.] See sect. 11, Offences 25, 26, Vol. I. p. 358, for penalty for assaulting or resisting the constables while in the execution of their duty. Sect. 19, for the protection of persons acting in the execution of this act, enacts,—"That all actions and prosecutions to be commenced against any person for anything done in pursuance of this act shall be laid and tried in the county where the fact was committed, and shall be commenced

« EdellinenJatka »