c. 41. 1 & 2 Will. 4, within six calendar months after the fact committed, and not otherwise; and notice in writing of such cause of action shall be given to the defendant one calendar month at least before the commencement of the action;-and in any such action the defendant may plead the general issue, and give this act and the special matter in evidence, at any trial to be had thereupon;—and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court, after such action brought, by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases;—and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant unless the judge before whom the trial shall be shall certify his approbation of the action and of the verdict obtained thereupon." Expenses of Constables-Justices' Clerks' Fees.] By sect. 13, "the justices of the peace acting for the division or limits 27 within which any such special constables shall have been called out to serve at a special session to be held for that purpose, or the major part of the justices at such special session, are hereby empowered to order from time to time such reasonable allowances for their trouble, loss of time, and expenses, to be paid to such special constables who shall have so served or be then serving, as to the said justices or such major part of them shall seem proper; and the said justices or such major part of them may also order the payment of such expenses as may have been incurred in providing staves or other necessary articles for such special constables;—and the said justices so ordering, if justices for any county, riding, or division having a separate commission of the peace, or if justices for any liberty, franchise, city or town which shall be contributory to the public rate for any county, riding or division, shall make every order for the payment of such allowances and expenses upon the treasurer of such county, riding or division, who is hereby required to ay the same out of any public money which shall then be in his hands, and the said treasurer shall be allowed all such 27 The order may be made by justices at a special sessions in and for a petty sessional division of a county by whom special constables had been appointed, and need not be made at a special sessions for the whole county, riding, or division, or at quarter sessions (Reg. v. Justices of Marylebone, 37 L. J. (N. S.) M. C. 181; S. C. Reg. v. Justices of Middlesex, 18 Law T., N. S. 680. payments in his accounts 28;-and where the justices of the peace 1 & 2 Will. 4, assembled at such special session are justices for any liberty, c. 41. franchise, city or town which is not contributory to the public rate for any county, riding or division, but which raises a rate or other similar fund in the nature of a county rate, in every such case the said last-mentioned justices shall make every order for the payment of such allowances and expenses as aforesaid upon the treasurer or other officer having the collection or disbursement of such lastmentioned rate or fund, who shall forthwith pay every such order out of such rate or fund, and shall be allowed all such payments in his accounts." [See Reg. v. Hulton, 19 L. J. (N. S.) M. C. 32; Forms of Orders, Nos. 1-3, Oke's "Formulist," 6th edit. pp. 636, 637.] The justices clerks' fees payable in respect of the appointment, if not directed by the table of fees in force in the place to be paid out of the local fund, are usually charged to and paid by the constables appointed (from whom it is submitted they might be recovered, as shown in Vol. I. p. 123), and ordered as part of their expenses, as was done in Reg. v. Lord Newborough and others, supra. As to special constables on railways, see 1 & 2 Vict. c. 80, post, title "Railways." CONSTABLES FOR COUNTIES. See "County Police," post, p. 1366. CONSTABLES (PAROCHIAL). Order for Expenses.] By 5 & 6 Vict. c. 109, s. 17, justices in 5 & 6 Vict. petty sessions assembled for the division may grant an order on the c. 109. overseers of the parish for the fees payable to the constable or the justices' clerk under the allowances settled by the quarter sessions for duties performed by them respectively [or to the constables for the execution of any order of a justice made in writing, or for the performance of any occasional duties, the same being sanctioned and allowed by justices in petty sessions assembled (13 & 14 Vict. c. 20, s. 2)], for which the payment is not by law charged upon the county rates, and subject to the regulations of the quarter sessions. (The order for the constable cannot include sums paid to the justices' clerks for fees, which should be made under 18 Geo. 3, c. 19, s. 4, ante, p. 1352, Overseers of Neithorp v. Justices of Banbury, 9 Law T., N. S. 383.) Where the quarter sessions have not prescribed the 28 In Reg. v. Lord Newborough and others (38 L. J. (N. S.) M. C. 129; 20 Law T., N. S. 818), where the order made had been obeyed by the treasurer and the item allowed in his accounts, the Court of Queen's Bench refused to issue a writ of certiorari for the purpose of quashing the order, upon grounds affecting the regularity of the proceedings in respect to the appointment of the constables or the making of the order. 5 & 6 Vict. c. 109. 5 & 6 Will. 4, c. 76. 3 & 4 Vict. c. 50. times of making these orders, it is usual for the constable of each parish to deliver his account quarterly to the petty sessions and obtain an order for the amount. By 11 & 12 Vict. 91, s. 6, the production of the justices' order is sufficient to warrant the amount, when paid, being allowed in the overseer's accounts without further inquiry. [Form of Order, No. 1, p. 742, Oke's "Formulist," 6th edit.] Enforcing Orders.] The above-mentioned order cannot be enforced by justices; but, query, is the 33 Geo. 3, c. 55, s. 1 (Vol. I. p. 678, Offence 2), which imposes a penalty for disobeying any order of a justice, applicable? Dismissal of paid Constable.] A paid constable [i. e. one at a salary] may be dismissed from his office for misconduct by the justices of the division in petty sessions assembled (5 & 6 Vict. c. 109, s. 19); there is no power either in that act or the 13 & 14 Vict. c. 20, s. 1, to discharge an unpaid constable appointed under the statute; but probably justices may do so under the common law. [Forms, Nos. 2-4, p. 742, Oke's "Formulist," 6th edit.] CONSTABLES (under Lighting and Watching Act). See title "Lighting and Watching," post. CONSTABLES (BOROUGH). Appointment.] The constables are appointed by the watch committee, and are to [make a declaration of office, 31 & 32 Vict. c. 72, s. 12, sub-s. 4], before some justice of the borough (5 & 6 Will. 4, c. 76, s. 76). [Form of Certificate, Oke's "Formulist," 6th edit. p. 743.] That committee or any two borough justices may suspend or dismiss them (s. 77). See also 22 & 23 Vict. c. 32, s. 26. Where they can act.] See sect. 76; and 22 & 23 Vict. c. 32, s. 2. May take Bail in certain Cases.] Sects. 78, 79. Consolidation with Counties.] 3 & 4 Vict. c. 88, s. 14; 19 & 20 Vict. c. 69, ss. 5, 20. Watch Rates.] See p. 1341, and 22 & 23 Vict. c. 32, ss. 5, 6. s. 11. Gratuities to Constables and their Widows.] 22 & 23 Vict. c. 32, ss. 10, 20, 24. Superannuation Fund and Allowances.] 22 & 33 Vict. c. 32, ss. 7 -13, 15, 16, 17, 19, 21; 28 Vict. c. 35, ss. 4, 5. CONSTABLES (on Navigable Rivers and Canals). Appointment.] By 3 & 4 Vict. c. 50, s. 2, two justices of the peace, or the watch committee of any incorporated borough, within their respective jurisdictions, may, upon the application of the com- 3 & 4 Vict. mittee or board of directors of any canal or navigable river, or of c. 50. their clerk or agent, appoint so many persons as they shall think fit from among those who shall be recommended to them for that purpose by such directors, clerk or agent, to act as constables on and along such canal or river (s. 1); and may dismiss any person so appointed. [Forms of Oath and Certificate thereof (which may be altered to a declaration, 31 & 32 Vict. c. 72, s. 12, sub-s. 4), Oke's "Formulist," 6th edit. p. 743.] CONTAGIOUS DISEASES AT NAVAL AND MILITARY STATIONS. c. 96. The Contagious Diseases Acts, 1866 and 1869, apply to Aldershot 29 Vict. c. 35; and other places stated in Note 99, Vol. I. p. 368, the last act 32 & 33 Vict. repealing and amending the 29 Vict. c. 35, in various particulars. The following are the principal provisions now in force:Expenses of Execution of Acts.] 29 Vict. c. 35, s. 5. Appointment of Visiting Surgeons and Assistants.] Id. s. 6. Inspection of Hospitals.] Id. s. 7. Certified Hospitals.] Id. ss. 8-14. Notice by Justice to Woman being a Common Prostitute.] The 32 & 33 Vict. c. 96, s. 4, repeals sect. 15 of 29 Vict. c. 35, and enacts, "Where an information on oath is laid before a justice 29 by a superintendent of police, charging to the effect that the informant has good cause to believe that a woman therein named is a common prostitute, and either is resident within the limits of any place to which this act applies, or, being resident within ten miles of those limits, or having no settled place of abode, has, within fourteen days before the laying of the information, either been within those limits for the purpose of prostitution, or been outside of those limits for the purposes of prostitution in the company of men resident within those limits, the justice may, if he thinks fit, issue a notice thereof addressed to such woman, which notice the superintendent of police shall cause to be served on her: provided that nothing in tho Contagious Diseases Acts, 1866 to 1869, shall extend, in the case of Woolwich, to any woman who is not resident within the limits specified in the first schedule to this act." Power to Justice to order Periodical Medical Examination.] By 29 Vict. c. 35, s. 16, "in either of the following cases, namely:(1.) If the woman on whom such a notice is served appears herself, or by some person on her behalf, at the time and place 29 By 29 Vict. c 35, s. 2 (inter alia), the term "justice" means a justice of the peace having jurisdiction in the county, borough or place where the matter requiring the cognizance of a justice arises, or in any part of any place to which the acts apply. 29 Vict. c. 35; 32 & 33 Vict. c. 96. appointed in the notice, or at some other time and place appointed by adjournment: (2.) If she does not so appear, and it is shown (on oath) to the justice present that the notice was served on her a reasonable time before the time appointed for her appearance, or that reasonable notice of such adjournment was given to her (as the case may be): the justice present, 30 on oath being made before him substantiating the matter of the information to his satisfaction, may, if he thinks fit, order such woman to be subject to a periodical examination by the visiting surgeon for any period not exceeding one year, for the purpose of ascertaining at the time of each such examination whether she is affected with a contagious disease; 31-and thereupon she shall be subject to such a periodical medical examination, and the order shall be a sufficient warrant for the visiting surgeon to conduct such examination accordingly. The order shall specify the time and place at which the woman shall attend for the first examination. The superintendent of police shall cause a copy of the order to be served on the woman." By 32 & 33 Vict. c. 96, s. 5, "any order for subjecting a woman to periodical medical examination shall be in operation and enforceable as long as and whenever such woman is resident within ten miles of the limits of the place where the order was made, instead of within five miles, as prescribed by sect. 32 of the 29 Vict. c. 35.” Voluntary Submission by Woman.] Sect. 17. "Any woman in any place to which this act applies, may voluntarily, by a submission in writing signed by her in the presence of and attested by the superintendent of police, subject herself to a periodical medical examination under this act for any period not exceeding one year." By 32 & 33 Vict. c. 96, s. 6, “where any woman in pursuance of the principal act, voluntarily subjects herself by submission in writing to a periodical medical examination under that act, such submission shall, for all the purposes of the Contagious Diseases Acts, 1866 to 1869, have the same effect as an order of a justice subjecting the woman to examination;—and all the provisions of the 29 Vict. c. 35, respecting the attendance of the woman for examination, and 30 By 29 Vict. c. 35, s. 37, the procedure is to be under the 11 & 12 Vict. c. 43, "as far as those provisions respectively are not inconsistent with any provision of this act, and save that the room or place in which a justice sits to inquire into the truth of the statements contained in any information or application under this act against or by a woman shall not, unless the woman so desires, be deemed an open court for that purpose:and, unless the woman otherwise desires, the justice may, in his discretion, order that no person have access to or be or remain in that room without his consent or permission. 31 By 29 Vict. c. 35, s. 2 (inter alia), the term "contagious disease" means venereal disease, including gonorrhoea. |