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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 Viet. 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, 8. 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; but that was repealed by 3 & 4 Vict. c. 88, s. 3, and the justices in 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

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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, s. 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: 10s. 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, s. 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

of the police rate (s. 13). As to providing lock-ups on the borders
of counties at their joint expense, see 11 & 12 Vict. c. 101. By
19 & 20 Vict. c. 69, s. 22, where a station house, &c. has been
provided under the above enactment for part of a county, the jus-
tices are to purchase the station house, &c., and pay for it out of
the county rate, and if the cost of erecting has been made charge-
able by mortgage on the police rate, the charge is to be transferred
to the county rate. Sect. 23 incorporates the provisions of “The
Lands Clauses Act, 1845," 8 & 9 Vict. c. 18, with it for purposes of
purchases of station houses, &c., and sect. 24 extends the pro-
visions of the 7 Geo. 4, c. 18, as to disposal of unnecessary station
houses, &c. By "The Petty Sessions and Lock-up House Act,
1868," 31 Vict. c. 22 (which act is to be in addition to powers
under other acts, s. 12), s. 6, "any local authority [i. e., the
quarter sessions in counties, &c., and in boroughs having a
separate commission the council, s. 3] may, with the approval of
one of her Majesty's principal secretaries of state, contract with
any neighbouring local authority for the reception by such
authority into their lock-up house, and the custody and main-
tenance therein, of any persons who would otherwise be liable to
be placed in a lock-up house situate within the jurisdiction of the
former authority; "-and by sect. 7, such contracts may "include
the costs of conveying such persons to and from such lock-up
houses previous to their committal for trial, and also the costs of
conveying them to prison when committed for trial." The lock-up
house is to be deemed to be within the jurisdiction of the contract-
ing authorities (s. 8), the expenses being defrayed accordingly
(s. 9);—and the "London Gazette" containing an announcement
of the approval of such contract is to be evidence of such fact
(s. 10).

Annual Statement of Crime.] 19 & 20 Vict. c. 69, s. 14, requires the justices of every county and the watch committee of every borough in October in every year, to transmit to the secretary of state a statement, in such form as he may direct, for the year ending the 29th of September then last, of the number of offences reported to the police, the number of persons apprehended by the police, the nature of the charges against them, the result of the proceedings taken thereupon, &c.;-and a classified abstract of all such reports and returns is to be annually prepared and laid before parliament. 32

Execution of Warrants of Commitment.] 3 & 4 Vict. c. 88, s. 33, provides for the execution of commitments and the transference of

32 Pursuant to this enactment the criminal portion of the "Judicial Statistics" are now annually prepared and published under the superintendence of the Home Secretary.



15 & 16 Vict. c. 81.

prisoners from station to station till they arrive at the gaol to which they are committed.

II. Matter for Justices out of Sessions.

The matters which justices of the peace out of quarter sessions have to do with on this subject, in addition to the offences above referred to, are:

Two or more justices, in petty sessions assembled, to approve of the petty constables named by the chief constable (2 & 3 Vict. c. 93, s. 6), and to [take the declaration, 31 & 32 Vict. c. 72, s. 12, sub-s. 4] of the chief and other constables on their coming into office (Id. s. 8), which declaration may be administered by one justice, and it should be in the same form as for special constables under the 1 & 2 Will. 4, c. 41 (see ante, p. 1352), as 2 & 3 Vict. c. 93, s. 8, ante, p. 1367, incorporates the provisions of that statute in that respect with it:

[The power given by 3 & 4 Vict. c. 88, s. 16, to appoint and swear in local constables is repealed by 22 & 23 Vict. c. 32, s. 28.]

One justice to take the declaration [31 & 32 Vict. c. 72, s. 12, sub-s. 4] of a private constable appointed by the chief constable at the cost of an individual (3 & 4 Vict. c. 88, s. 19; 2 & 3 Vict. c. 93, s. 8).

[Forms of Certificates, &c., Oke's "Formulist," 6th ed. p. 753.]


Recovery of, in Unions.] By 15 & 16 Vict. c. 81, s. 26, the justices in quarter sessions are to send precepts direct to the guardians of unions for payment of county rates, who are to pay them (and see s. 34). [Forms of Precepts, Oke's "Formulist," 6th ed. pp. 753, 754.] If the guardians fail to pay the same within the time limited, the justices may issue warrants to the overseers of parishes, &c. to pay the same, with 10s. per cent. in addition (s. 27);—and if the overseers, &c., fail to pay the same, any one justice, on complaint of the clerk of the peace or treasurer of the county, may issue warrant of distress for levying the same on overseers', &c. goods (s. 28). [Forms, Nos. 3-5, Oke's "Formulist," 6th ed. pp. 754, 755.] Parishes not in arrear with contribution are to be reimbursed by those which are in arrear (s. 29): see 21

33 In the cases under this title in which the justices issue a distress warrant without making an order, the proceedings are not within the 11 & 12 Vict. c. 43 (see Vol. I. p. 133). The "Union Assessment Com mittee Act, 1862," 25 & 26 Vict. c. 103, does not affect assessments for county rates made by the committee of justices under the 15 & 16 Vict. c. 81 (29 & 30 Vict. c. 78, s. 1).

& 22 Vict. c. 33, where there are separate divisional county trea- 15 & 16 Vict.


Recovery of, from Parishes not in Unions.] By sect. 30, the justices in quarter sessions are to issue precepts to the overseers of parishes, &c. not comprised in unions, or only partly within the jurisdiction of justices, and the amount recovered in the same manner as in unions;—and by sect. 31, the powers of the act are to extend to places where there are no separate churchwardens, &c., or where no separate or distinct poor rate is made for any place extending into two or more counties, &c. Overseers of parishes, partly situated within boroughs and partly without, to collect the county rates leviable on the part of the parish not comprised within the borough from the parties assessed to the poor rate (s. 32), an appeal being allowed to such parties against the rate in like manner as on appeals against the poor rate (s. 33). Sect. 34 provides for the issue of a distress warrant for the amount in arrear on the overseers, as in cases where the parish is wholly situated in the county.

Where High Constable in Office.] In counties in which the office of high constable is held for life, or during good behaviour, the county rate is to continue to be collected by him, until any vacancy occurs in the office by the expiration of his appointment, or otherwise [but see 32 & 33 Vict. c. 47, s. 4, now hereon since 6th August, 1869]; and the precepts before mentioned are to be directed to him, who will issue his warrants to the respective overseers;-and if overseers neglect to pay him, any justice of the county, upon complaint of such high constable, may issue distress warrant (s. 36); but if the high constable do not give approved security, the justices in quarter sessions are to order the overseers to pay the quota to the county treasurer (s. 37).

Recovery of, from Borough Treasurers.] By sect. 38, any two justices of the county, upon complaint of the treasurer of the same county, made within one calendar month after the issue of any order upon the council of any borough by the treasurer, under 5 & 6 Will. 4, c. 76, ss. 114, 117, may issue to the borough treasurer a warrant, ordering him to pay to the county treasurer, over and besides the sum mentioned in the treasurer's order, the additional sum of 10 per cent. on the original order;-and until payment thereof the county treasurer is to have all the powers for the recovery thereof as are given against overseers for the recovery of county rates and surcharges by this act. [As to parishes partly within and partly without a borough, see 29 & 30 Vict. c. 113, s. 13, applying 13 & 14 Vict. c. 101, s. 10, as to employing collector of poor rates in collecting county rate in such places.]

c. 81.

CUSTOMS. See p. 850, ante.

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