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5 & 6 Will. 4, —and two justices may, on neglect to deliver the same, or to make
satisfaction, commit offender to prison, without bail, till he shall have paid such monies, &c., or render such account, or have given satisfaction in respect thereof. [Forms of Complaint, Orders, Commitment, &c., Oke’s “ Formulist,” 6th edit. p. 752, adapted to the decision in Eggington v. Mayor, &c. of Lichfield (24 L. J. (N. S.) Q. B. 360), which shows that the case is within the 11 & 12 Vict. c. 43, s. 24.]
By sect. 65, a similar remedy is given against officers having possession of monies, goods, valuable securities, books and papers of the body corporate, and not delivering up the same.
COUNTY POLICE. We propose to give here a reference to the provisions of the several acts on this subject, viz. the 2 & 3 Vict. c. 93; 3 & 4 Vict. c. 88; 19 & 20 Vict. c. 69; 20 Vict. c. 2; 22 & 23 Vict. c. 32; and
I. Analysis of the Police Acts.
I. Analysis of the Police Acts. Etablishment of the Constabulary.] Under the 2 & 3 Vict. c. 93, ss. 1, 2, 3, 5, and under the 3 & 4 Vict. c. 88, ss. 27, 28, 29, 30, the power given to the justices in quarter sessions to establish a police force for the whole or parts of their counties, or to divide the county into police districts, was discretionary, and so is that to consolidate two or more police districts under 22 & 23 Vict. c. 32, s. 1 (see Ex parte Knowling, 34 L. J. (N. S.) M. C. 68). But by 19 & 20 Vict. c. 69, s. 1, they were to proceed at the Epiphany sessions, 1857, to establish a sufficient police for the whole county, or if already established in part then for the residue. By sect. 2, where constabularies were established in divisions of a county, such establishments to be consolidated into one force. The crown may require separate police districts to be constituted in counties (s. 4).
Consolidation with Boroughs.] 2 & 3 Vict. c. 93, s. 24, exempted boroughs incorporated under the 5 & 6 Will. 4, c. 76, from that act; but by 3 & 4 Vict. c. 88, s. 14, boroughs might agree to consolidate their police with the county police, and no such agreement can be put an end to without the sanotion of the secretary of state (19 & 20 Vict. c. 69, s. 20). By 19 & 20 Vict. c. 69, s. 5, the crown, on representations from boroughs, may arrange terms of consolidation with counties, and vary such terms from time to time.
Appointment, Duties, &c. of Chief Constable and Deputy.] One or more chief constables to be appointed by the quarter sessions, sub
ject to the approval of the secretary of state (2 & 3 Vict. c. 93, s. 4 ; 19 & 20 Vict. c. 69, s. 1), who may serve for more than one county (20 Vict. c. 2, ss. 1, 2, 3);-and the chief constable may appoint superintendents of divisions and the petty constables, subject to the approval of the justices in petty sessions (2 & 3 Vict. c. 93, s. 6), and also a deputy under certain restrictions (s. 7);-he may also appoint constables at the cost of individuals (3 & 4 Vict. c. 88, s. 19), and suspend any constable (22 & 23 Vict. c. 32, s. 26). The chief constable is to attend each quarter sessions or adjournment and make quarterly reports (2 & 3 Vict. c. 93, s. 17), and also monthly returns of the disposition and number of the force (3 & 4 Vict. c. 88, ss. 31, 32). He is to have allowances for necessary expenses (2 & 3 Vict. C. 93, s. 18).
Appointment, dc. of Superintendents.] Superintendent to be appointed for each division by the chief constable, subject to the approval of justices in quarter sessions (2 & 3 Vict. c. 93, s. 6, modified by 3 & 4 Vict. c. 88, s. 26). To send monthly return of disposition and number of force to the chief constable (3 & 4 Vict. C. 88, s. 32).
Appointment, &c. of Petty Constables.] The number of constables is not to be more than one man for every 1,000 of the inhabitants according to the last census, the population of the excepted boroughs and towns being deducted (2 & 3 Vict. c. 93, s. 1), and the number first appointed may be afterwards increased or diminished by the quarter sessions with consent of the secretary of state (s. 2). The chief constable is to appoint the petty constables, subject to the approval of the justices in petty sessions, and he may dismiss then (s. 6).
Appointment of Local and Private Constables.] The power to appoint local constables is repealed by 22 & 23 Vict. c. 32, s. 28. By 3 & 4 Vict. c. 88, s. 19, the chief constable may, with approval of the quarter sessions, appoint additional constables at the cost of individuals applying, who may discontinue them on giving a month's notice.
Jurisdiction of the Police.] By 2 & 3 Vict. c. 93, s. 8, the chief and other constables are to have all the powers, privileges and duties throughout the county, and also in all liberties
and franchises and detached parts of other counties locally situated within such county (and see s. 27; 3 & 4 Vict. c. 88, s. 2; and 21 & 22 Vict. c. 68, 88. 1, 2, as to transferring detached parts of counties for the purposes of the constabulary), and also in any county adjoining to their county, which any constable duly appointed has within his constablewick by virtue of the common law, or of any statute. The provisions of the Special Constables Act, 1 & 2 Will. 4, c. 41, partially apply to the county police, 2 & 3 Vict. c. 93, s. 8, enacting (inter alia), that “every provision of the first recited act [1 & 2 Will. 4, c. 41] shall be deemed to extend to the constables appointed under this act, except as to the manner of their appointment and dismissal, the time for which they shall serve, and the manner in which their allowances shall be paid, or as to any matter herein expressly otherwise provided." See those provisions of 1 & 2 Will. 4, c. 41, ss. 11, 19, ante, p. 1356. By 19 & 20 Vict. c. 69, s. 6, they are to have the like powers, &c. in boroughs as borough constables have in the county ; but by 22 & 23 Vict. c. 32, s. 2, they are not to be required to act in boroughs having a separate police establishment, except in execution of warrants of justices of the county or by order of chief constable or superintendent.
Superseding Constables under Local or other Acts.] With the exception of special constables, high constables and parochial constables, the power to appoint petty constables under local or other acts is to cease and determine when the 2 & 3 Vict. c. 93, is in operation (2 & 3 Vict. c. 93, s. 25); but this provision is not to affect for two years any places where the population is more than 10,000 (s. 26). Also by 3 & 4 Vict. c. 88, s. 20, constables appointed under the Watching Act, 3 & 4 Will. 4, c. 90, or any local act, are to continue until the chief constable shall notify to the local body that he is ready to undertake the charge of the place. By sects. 21, 22, 23, provision is made for the rates or debts outstanding, the accoutrements of the constables superseded, &c. By 19 & 20 Vict. c. 69,
18, until the constables, &c., appointed for any parish, &c. under the act 3 & 4 Will. 4, c. 90, or under any local act authorizing the appointment of constables, &c., and authorizing rates to be made for defraying the expenses of such constables, &c., are discontinued as a separate force in manner provided by sect. 20 of 3 & 4 Vict. c. 88, and by this act, all the provisions of this act applicable to the constables of any borough acting under the 5 & 6 Will. 4, c. 76, are to be applicable to the constables, &c., appointed under the 3 & 4 Will. 4, c. 90, or under such local act, in and for such parish, &c., and until such discontinuance all the provisions of this act, applicable to the watch committee of a borough, are to be applicable to the inspectors, commissioners or other persons having the appointment of constables, &c. in and for such parish, &c., and the police of such parish, &c. are to be visited and inquired into by the inspectors under this act;-and the provision in this act enabling the treasury to make payment towards the expenses of the police of a borough having a population exceeding 5,000, is
, until such discontinuance, to extend to the police of such parish, &c. having the like population. By sect. 19, where any such
arish, &c., having such constables, &c., contains a population of 15,000 persons or upwards, the chief constable of the county in which such parish, &c. is situate is not to give notice, under 3 & 4 Vict. c. 88, s. 20, that he is ready to undertake the charge of such
parish, &c., without the previous authority of the secretary of state; and notice of the intention of the chief constable to apply to the secretary of state for such authority is to be published by such chief constable in such parish, &c. in manner directed by the said sect. 20 respecting the publication of the notice therein mentioned, 14 days at least before such application is made. Privileges and Liabilities, &c. of Constables.] See sect. 8 of 2 & 3 Vict. c. 93, on “ Jurisdiction of the Police,” p. 1397. The chief and other constables are disqualified from voting at elections for members of parliament (2 & 3 Vict. c. 93, s. 9), under a penalty of £10 (22 & 23 Vict. c. 32, s. 3), are to exercise no other employment, &c., and are exempt from serving on juries (2 & 3 Vict. c. 93, s. 10); but this is not to prevent them from receiving any half-pay (s. 11). They are not to resign their office without leave or a month's notice under a penalty of £5 (s. 13); and if dismissed they are to deliver up their accoutrements, &c., under pain of imprisonment for a month, and a justice may grant a warrant to search for same (s. 14.)
Duties at Assizes.] By 22 & 23 Vict. c. 32, s. 18, the justices in general or quarter sessions may direct the police to keep order in court of assize.
Pay, Fees and Allowances to Constables.] The pay fee is fixed by the quarter sessions, subject to certain rules made by the secretary of state (2 & 3 Vict. c. 93, ss. 1,3; 19 & 20 Vict. c. 69, s. 1). By 2 & 3 Vict. c. 93, s. 18, in addition to the salary to be paid to the chief constable, reasonable allowances may be made to him by the quarter sessions for expenses necessarily incurred by him, and the constables under his orders, in the apprehension of offenders, and in the execution of his and their duty (see Vol. I. p. 123, crown officer's opinion hereon). No constable, other than a local constable, is to take fees to his own use for the performance of his duties (19 & 20 Vict. c. 69, 8. 8). By 3 & 4 Vict. c. 88, s. 17, as amended by 22 & 23 Vict. c. 32, $. 28, the justices in quarter sessions may settle tables of fees and allowances for the service of summonses and execution of warrants, which tables are to be approved by the secretary of state. The fees received by the constables are to be paid by the treasurer of the county in aid of police rate. As to allowances to the constables, see " Superannuation Fund Allowances,” infra.
Police Rate.] The 2 & 3 Vict. c. 93, authorized the expenses of putting that act into execution to be paid out of the county rate; brut that was repealed by 3 & 4 Vict. c. 88, s. 3, and the justices in di quarter sessions authorized to make a police rate. Sect. 4 provides how property is to be valued, and sect. 5 provides that the police rate is to be levied and collected with the county rate. Provision is also made, by sects. 6, 7, 8, for enforcing contributions to the police rate by liberties and detached parts of counties. The counties may be formed 0.$. VOL. II.
into police districts (s. 27), and each police district is to pay for its own constables (s. 28). Station houses and strong rooms are to be provided and the cost defrayed out of the police rates (s. 12), for which purpose money may be borrowed on the credit of such rates (s. 13).
Promotion of Constables.] See 22 & 23 Vict. c. 32, s. 19, as to reckoning of service.
Superannuation Fund and Allowances.] 3 & 4 Vict. c. 88, 8. 10, provides that a superannuation fund shall be provided for constables by deducting from the pay of every constable belonging to the police force a sum after such yearly rate as the justices of the county in general or quarter sessions assembled shall direct, not being greater than £2 : 108. in £100, and from certain fines and moieties of fines (see Vol. I. p. 244), which were to be invested, and with the interests and dividends to accumulate for such fund or for retiring allowances or gratuities as ordered by the quarter sessions upon the recommendation of the chief constable. The justices are to guarantee the security of the superannuation fund, and make good any deficiency out of the county rate. The rates of superannuation to the constables are fixed by sect. 11, viz.—15 years and less than 20 years' service, half the pay; 20 years or upwards, two-thirds of pay; if disabled while on duty, not exceeding whole of pay. 19 & 20 Vict. c. 69,8. 10, gives the quarter sessions power to grant gratuities in gross out of the superannuation fund to incapacitated constables who have not served 15 years. By sect. 11, any deficiency in the superannuation fund is to be made up out of the police rate. By sect. 12, gratuities may be granted to officers superseded by the county police. Power is given by sect. 13 to grant annuities to chief constables, to be paid out of the police rate. By 22 & 23 Vict. c. 32, s. 20, the quarter sessions may grant gratuities to widows of constables dying in the service. These provisions are further amended by 28 Vict. c. 35, s. 3.
Inspection of Force and Repayments from Treasury.] By 19 & 20 Vict. c. 69, s. 15, the crown may appoint inspectors for inquiring into the state and efficiency of the police in counties and boroughs, &c.; and by sect. 16, on the certificate of the secretary of state that an efficient police has been established in any county or borough, onefourth of the charge for pay and clothing is to be paid by the treasury; but not to any borough whose population does not exceed 5,000, and not consolidated with the police of a county (s. 17).
Station Houses.] The justices in quarter sessions are empowered to order that station houses and strong rooms, or either of them, for the temporary confinement of persons taken into custody, be provided in such places as they shall think fit, and upon the plan approved by the secretary of state ; and for that purpose to purchase and hold lands, &c., the cost to be defrayed out of the police rates (3 & 4 Vict. c. 88, s. 12). Money may be borrowed for the purpose on the credit