and necessaries of the constables required, the justices shall, subject to the secretary of state's approbation, appoint a chief constable for such county: and that the chief constable may, subject to the approbation of two or more justices in petty sessions assembled, appoint such other constables as may be required, and also a superintendent to be at the head of the constables in each division; and at his pleasure may dismiss all or any of them, subject to the orders he may receive from the justices in quarter sessions, and to the rules established for the government of the force. And further, that the salaries and allowances of the chief and other constables, and all expenses incurred in putting the same into execution, shall be paid out of a police rate, to be made by the justices at quarter sessions; and that it shall be lawful for the justices of any county in which constables shall have been so appointed, and for the council of any incorporated borough situated in or adjoining to such county, to agree together for the consolidation of the county and borough police establishments (s). And the justices are now allowed no discretion as to the necessity of such a force; for by 19 & 20 Vict. c. 69-an act to render more effectual the police in counties and boroughs in England and Wales-it is enacted, that in every county where under the two previous acts a constabulary has not been established for the whole of such county, the justices at quarter sessions shall proceed to establish the same; and that in every county where a constabulary has already been established in part, they shall proceed to establish the same for the residue of the county. And this Act further provides, that the justices of every county, and the watch committee of every borough, shall annually transmit to one of the secretaries of state, an account of the state of crime within such county and bo

(s) The same person may be appointed chief constable for two or more adjoining counties, if the justices of each county at quarter ses

sions declare their consent that the office in their appointment be so held. See 20 Vict. c. 2.

rough, and that her majesty may appoint inspectors for inquiring into the efficiency of the police appointed for the same, and for reporting thereon. And also, that whenever a certificate shall be granted by a secretary of state that the police of any county or of such borough as in the act described has been maintained, for any year ending on 29th September, in a state of efficiency as to numbers and discipline, such sum may be granted by the Treasury towards the expenses thereof as shall not exceed one-fourth of the charge for the pay and clothing of such force (t).

Another branch of the police of the realm, closely connected with the subject under discussion, consists of watchmen, or guardians of the peace by night. These were antiently only the deputies or assistants of the constable, and were appointed by him (u). But watchmen have, in modern times, been appointed without the constable's intervention, being employed and paid by particular parishes, or sometimes by private individuals, with the view of obtaining a more effectual protection to person and property than can be otherwise afforded. The authority of watchmen, in this modern sense, is recognized by law (x); and by the statute 3 & 4 Will. IV. c. 90 (y), regulations are made for the watching and lighting of such parishes as are disposed to the introduction of such improvements at their own expense (z). It is provided, that, upon the application of three or more ratepayers (a), a meeting of that class of the inhabitants may be convened, by whom (or by the ratepayers at large, if a general poll shall be demanded,) it

(t) As to levying district police rates in certain cases, see 12 & 13 Vict. c. 65. As to the police superannuation fund, 13 & 14 Vict. c. 87; 19 & 20 Vict. c. 69, ss. 10, 11, 27. (u) I Bl. Com. 357.

(x) 2 Hale, P. C. 98; 3 Inst. 52; 9 Rep. 66.

(y) As to this Act, see Pilkington v. Riley, 6 D. & L. 628; The Queen

v. Deverell, 3 Ell. & Bl. 372; The Queen v. Overseers of King's Winford, 3 Ell. & Bl. 688.

(2) As to watching and lighting in boroughs, see Municipal Act, 5 & 6 Will. 4, c. 76, ss. 76, 77, 82, 86, 88; 7 Will. 4 & 1 Vict. c. 78 s. 29; c. 81, s. 3.

(a) 3 & 4 Will. 4, c. 90, s. 5.

shall be determined whether the provisions of the act shall be adopted (b). In the event of their adoption, inspectors are to be appointed for carrying them into effect (c); who are accordingly empowered to appoint from time to time. such number of watchmen, patrols, and other persons, for the protection of the inhabitants by day and night, as they shall think sufficient; and to give rewards for apprehending felons and others, and to defray the expenses of parish prosecutions (d). The watchmen and patrols so appointed are to be sworn in as constables, and to act as such, with powers and privileges equally extensive (e); and such beats and rounds are to be assigned to them, and such wages allowed as the inspectors may deem expedient (f). The inspectors are also authorized to put up lamps for lighting the streets with gas or otherwise; and to provide fire engines for the use of the parish (g). And it is further provided, that the expenses incurred in the performance of all these duties, shall be defrayed by rates to be levied by the overseers, under orders of the inspector, on the owners and occupiers of property in the parish rateable to the relief of the poor (h). But the total amount to be levied for such purpose, in any one year, is not to exceed the limit which may have been previously fixed by an annual vote of the ratepayers (i).

(b) 3 & 4 Will. 4, c. 90, ss. 8, 9. (c) Sect. 8. A board of inspectors under this Act has authority in some cases under "The Nuisances Re"moval Act for England, 1855." (See 18 & 19 Vict. c. 121, s. 3.) (d) 3 & 4 Will. 4, c. 90, s. 39. (e) Sect. 42.

(f) Sect. 39. (g) Sects. 44, 45. (h) Sects. 32, 33. Vict. c. 50.

See 14 & 15

(i) 3 & 4 Will. 4, c. 90, ss. 33, 39. It may be observed here, that, by 3

& 4 Vict. c. 88, s. 20, provision is made for discontinuance of the constables and watchmen appointed for any place under 3 & 4 Will. 4, c. 90, as a separate force, upon its being notified to their inspector, &c. by the chief constable of the county, that he is ready to take the charge of the place upon himself; - but that, by 19 & 20 Vict. c. 69, s. 19, such notice shall not be given where the population amounts to 15,000, without the previous authority of a secretary of state.

END OF THE SECOND VOLUME.