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33 & 34 Vict. an administrator, to whom to commit the custody and management c. 23.

of the property of certain convicts.

Appointment by Justices of Interim Curator, if no Adminstrator.] By sect. 21, “If no such administrator as aforesaid shall have been appointed an interim curator of the property of any convict may be appointed by any justices of the peace in petty sessions assembled, or, where there are no petty sessions, by any justice of the peace having jurisdiction in the place where such convict before his conviction shall have last usually resided, -upon the application of any person who shall be able to satisfy such justice that the application is made bonâ fide with a view to the benefit of the convict or of his family, or to the due and proper administration and management of his property and affairs ;-and the interim curator to be appointed may be either the person making the application or any other person willing to accept the office, and competent to discharge its duties as to such justice shall seem fit.” By sect. 22, “Before making any such appointment the justice shall require the applicant to make oath that no administrator or interim curator of the property of such convict has been to his knowledge or belief already appointed;-and the applicant shall also state upon oath, to the best of his knowledge and belief, who are the nearest relatives (including any husband or wife) of such convict, and (if any such there be) where they are residing, and whether any and which of them have consented to or have had notice of such application ;-and it shall be competent for such justice to require notice of such application to be given to all such persons and in such manner as to such justice shall seem fit."

Removal of Interim Curator for Cause shown.] Sect. 23. “Any interim curator so appointed may be removed, for any cause shown to the satisfaction of the justices or justice of the court, upon the application of any relative of the convict, or of any person interested in the due and proper administration and management of his property and affairs, either by the petty sessions or justice by whom he was appointed (or, in the event of such justice dying or being unable to act, by any other justice having the like jurisdiction) or by any court in which proceedings for an account may be instituted as hereinafter provided ;--and upon the death or removal of any such interim curator a new interim curator may be appointed in the same manner and by the like authority as aforesaid, or (in case any such proceedings shall be then depending) by the court in which any such proceedings shall be so depending as aforesaid.”

Powers of Interim Curator.] Every interim curator so appointed as aforesaid shall have power (unless and until an administrator shall be appointed under this act, in which case the authority of such interim curator shall thenceforth cease and determine) to sue in his own name as such interim curator, at law or in equity, for the possession and recovery of any part of the property in respect of 33 & 34 Vict. which he shall have been so appointed or for damages in respect of c. 23. any injury thereto, and to defend in his own name as such interim curator any action or suit brought against such convict or against himself in respect of such property, and to receive and give legal discharges for all rents, dividends, interest, and income of or arising from such property, and also to receive and give discharges for any debts due to such convict, or forming part of his property, and to pay and discharge all or any debts due from such convict out of such property, and to settle and adjust accounts with any debtor or creditor of such convict, and generally to manage and administer the property of such convict;—and also to make or cause to be made such payments and allowances for the support or maintenance of any wife or child of such convict, or of any other relative dependent on him for support, as shall be specially authorized by any such justice or court aforesaid (who shall have power from time to time to authorize the same), or by any other court having competent jurisdiction to authorize the same, out of the income of such property, or (in case such income shall be insufficient for that purpose) out of the capital thereof;- -and Every such interim curator shall be entitled to retain out of such property, or out of the income thereof, all his costs, charges, and expenses properly incurred in and about the discharge of his duties as such curator.

Personal Property may be sold by Interim Curator under special Order of Justices or Court.] Sect. 25. “ Any personal property of such convict may be sold and transferred by such interim curator by and with the authority of such justice or court as aforesaid, or of any other court having competent jurisdiction to order the same, but not otherwise ;—and such interim curator shall be accountable for the proceeds of any property so sold in the same manner as for such property while remaining unsold.”

CORN DECLARATION. To be made before a justice (5 Vict. c. 14, s. 23). [Form, Oke's " Formulist," 6th edit. p. 752.]

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CORPORATIONS. Delivery of Books, &c.] By 5 & 6 Will. 4, c. 76, s. 90, the town 5 & 6 Will. 4, clerk, treasurer, or other officer appointed by the council, refusing c. 76. or wilfully neglecting to deliver accounts, make payment, &c. within three days after written notice, upon complaint thereof to any justice of the county or other jurisdiction wherein officer shall be or reside (at any time, see the case of Meyer v. Harding, Vol. I. p. 135, Note 19], justice may grant a warrant for his apprehension,

c. 76.

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

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28 Vict. c. 35.

I. Analysis of the Police Acts.
II. Matters for Justices out of Sessions.

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

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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.

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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

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