by the clerk of the peace, with the notice of holding the session, on the requisition of any five justices acting for such county; and that no such lock-up house shall be built or otherwise provided, enlarged, or improved, except upon such plan as shall be approved by one of Her Majesty's principal secretaries of state: provided also, that every such lock-up house shall be within the inspection of the inspectors of prisons. Id. s. 22.

And whenever the justices shall have provided a lock-up house under this Act, they shall also appoint a superintending constable to have the charge thereof, who shall have all the powers and immunities of a parish constable under this Act, and shall have the superintendence of all the parish constables appointed in such parishes as shall be ordered by the said justices, and under such regulations as they shall make; and every such superintending constable shall be entitled to hold his office until dismissed by the justices in general or quarter session assembled, and shall receive such salary out of the county rates as the justices assembled as aforesaid shall order. Id. s. 23.

Their fees, allowances, &c.] The justices of the county, in general or quarter session assembled, shall from time to time, (subject to the approval of one of Her Majesty's principal secretaries of state,) settle tables of fees and allowances to the clerks to the justices for the performance of their duties under this Act, and to the constables for the service of summons and execution of warrants, and for the performance of such other occasional duties which may be required of the said constables, for which the said justices shall think that fees ought to be allowed; and whenever any duty, for which any such fee or allowance shall have been settled, and for which the payment is not by law charged upon the county rates, shall have been performed by any clerk, or by any constable appointed under this Act, the amount of the fee or allowance shall be paid by the overseers of the parish, in respect of which such fee has become payable, out of any monies in their hands collected for the relief of the poor, upon the order of the justices in petty session assembled for the division, and under such regulations as shall be made from time to time by the justices in general or quarter session assembled, subject to the approval of the secretary of state. Id. s. 17.

And as to expenses incurred by him on account of his parish or township, it is enacted by stat. 18 G. 3, c. 19, s. 4, that every constable, headborough, or tithingman shall " every three months, and within fourteen days after he shall go out of such office," deliver to the overseers of the poor of his

parish, township, or place, an account, fairly entered in a book to be kept for the purpose, and signed by him, of all sums expended by him or received by him on account of such parish; the overseers shall then lay such account before the inhabitants, and if the majority approve of it, the overseers shall pay the amount out of the poor-rates; but if the amount be not approved of, it shall be given back to the constable, who may then produce the same before any justice of the peace of the county, &c. in which such parish is situate, giving reasonable notice thereof to the overseers, which said justice is hereby authorized to examine the same, and to hear and determine any objections that shall be made to the said accounts, and to settle the sum which to him shall appear due, and to enter the same in the said account, and to sign his name thereto; and the overseers shall then pay such sum out of the poor's rate. Expenses incurred by a constable, in prosecuting for an assault upon himself in the execution of his duty relative to parish business, R. v. Bird et al., 2 B. & A. 522, or in prosecuting a person taken by him in the act of committing an offence in a place of religious worship, having been bound over to prosecute, R. v. Seville et al., 5 B. & A. 180, are not within the meaning of this statute.

This statute gives the overseers (if a majority of them concur in it, R. v. JJ. of Lancashire, 5 B. & A. 755,) an appeal to the next sessions, they giving reasonable notice thereof to the justice, constable, or headborough, or tithingman; and the justices at sessions shall receive such appeal, or (if sufficient notice have not been given) shall adjourn it to the next sessions, and finally hear and determine it, and may give costs to the party for whom it shall be determined. Id. 8. 5.

The justices at sessions may lay down or alter certain rules and regulations as to the costs or charges to be allowed to any person by virtue of this Act, which rules and regulations, being approved and signed by one or more judges of assize, shall be binding on all persons. Id. 8. 9.

Actions against them.] If an action be brought against a constable for any thing done by him in the execution of his office, the action must be commenced within six calendar months; 24 G. 2, c. 44, s. 8. Parton v. Williams, 3 B. & A. 330; the venue must be laid in the proper county; the defendant may plead the general issue, and give the special matter in evidence; and if he recover, he shall have double costs. 7 Jac. 1, c. 5. 21 Jac. 1, c. 12. Other regulations, in particular cases, are made by particular statutes. If a constable have acted under a justice's warrant, we have seen (ante, p. 128,) that a demand of a perusal and copy of such warrant must also be made, before the action is commenced. 24 G. 2, c. 44, 8. 6.

Recovery of Penalties.

Penalties, how levied.] All penalties herein made payable on conviction of any offender before two justices of the peace, may be levied, in case of non-payment thereof, with the costs and charges attending such conviction, by distress and sale of the goods and chattels of the offender, by warrant under the hands and seals of any justice of the peace of the county, riding, or place wherein such conviction shall have taken place, with the reasonable costs of such distress and sale; and the overplus, if any, shall be returned to the party whose goods and chattels shall have been distrained. 5 & 6 Vict. c. 109, s. 24.

Application of penalties.] And all penalties levied under this Act shall be applied in aid of the poor-rates of the parish, in which the offence shall have been committed for which such penalties shall be levied. Id. s. 25.

Interpretation Clause.

And by sect. 26, it is enacted, that in this Act the word County" shall be taken to extend to every riding or division of a county for which there is a separate court of general or quarter sessions of peace; and the word "parish shall be taken to extend to every township or other district maintaining its own poor, and also to every extra-parochial place which shall not be annexed to an adjoining parish, for which places the justices in petty sessions assembled shall be empowered to appoint persons to act as overseers; and the word "overseers" shall be taken to extend to all persons charged with collecting rates for the relief of the poor in any parish, and, in extraparochial places not added to any adjoining parish, to the persons appointed by the justices as aforesaid.

3. Constables in Boroughs.

How appointed and sworn.] In all boroughs within the late Municipal Corporation Act, the constables are appointed by the watch-committee, and sworn in before some justice of the peace having jurisdiction within the borough; 5 & 6 W. 4, c. 76, s.76, and see s. 86; and such committee, or any two justices having jurisdiction within the borough, may suspend or dismiss any of them they may think negligent in the discharge of his duty, or otherwise unfit for the same, after which he shall not be reappointed without the consent of two justices. Id.

8.77. The watch-committee shall make regulations for preventing neglect or abuse, and for rendering such constables efficient in the discharge of their duties. Id.

Where and how they shall act.] The constables so appointed and sworn shall, "not only within such borough, but also within the county in which such borough or part thereof shall be situated, and also within every county being within seven miles of any part of such borough, and also within all liberties in any such county, have all such powers and privileges, and be liable to all such duties and responsibilities as any constable duly appointed now has or hereafter may have within his constablewick, by virtue of the common law of this realm or of any statute made or to be made, and shall obey all such lawful commands as they may from time to time receive from any of the justices of the peace having jurisdiction within such borough, or within any county in which they shall be called on to act as constables, for the conducting themselves in the execution of their office. Id. 8. 76.

Such constable, during the time of his being on duty, may "apprehend all idle and disorderly persons whom he shall find disturbing the public peace, or whom he shall have just cause to suspect of intention to commit a felony," and deliver them into the custody of the constable in attendance at the nearest watch-house, in order that they may be secured until they can be brought before a justice of the peace, or give bail conditioned for their appearance before a justice, if the constable think fit to take it. Id. 8. 78.

In what cases may take bail.] And where any person is thus brought in custody to the watch-house, "charged with any petty misdemeanor," the constable in attendance may, if he think fit, take bail in recognizance for his appearance within two days before a justice of the peace, at a time and place to be specified, and shall enter in a book, to be kept for that purpose in every watch-house, the names, residence, and occupation of the party, and his surety or sureties (if any) entering into such recognizance, together with the condition thereof, and the sums respectively acknowledged, and shall lay the same before such justice as shall be present at the time and place when and where the party is required to appear; "and if the party does not appear at the time and place required, or within one hour after, the justice shall cause a record of the recognizance to be drawn up, to be signed by the constable, and shall return the same to the next general or quarter sessions of the peace for the borough, or for the county in which such borough is situate in those boroughs for which there shall be no separate general or quarter sessions of the peace, with a certificate at the back thereof, signed by such justice,

that the party has not complied with the obligation therein contained; and the clerk of the peace shall make the like estreats and schedules of every such recognizance, as of recognizances forfeited in the sessions of the peace; and if the party not appearing shall apply by any person on his behalf to postpone the hearing of the charge against him, and the justice shall think fit to consent thereto, the justice shall be at liberty to enlarge the recognizance to such further time as he shall appoint; and when the matter shall be heard and determined, either by the dismissal of the complaint, or by binding the party over to answer the matter thereof at the sessions, or otherwise, the recognizance for the appearance of the party before a justice shall be discharged without fee or reward." Id. s. 79.

Penalty for neglect of duty.] If any constable of a borough "shall be guilty of any neglect of duty, or of any disobedience of any lawful order :" upon conviction before two justices, imprisonment for not more than ten days, or fine not exceeding 40s., or to be dismissed from his office, as such justices shall think meet. Id. s. 80. The conviction must be in this form or to the like effect. Id. s. 130.

to wit.

Be it remembered, that on the day of
in the borough of

} the year d

in the county of

in

A. B. is convicted before us, E. F., and

G. H., two of Her Majesty's justices of the peace for the said county [or borough, or otherwise, as the case may be, vide supra,]* for that the said A. B., on

at -, being then and there a constable of the [said] borough of was then and there guilty of a neglect of his duty as such constable, by

-[here set out the neglect of duty charged; or if the conviction be for disobedience of an order, set out the order, and then the disobedience, with time and place, &c. with sufficient certainty against the form of the statute in such case made and provided; and we do adjudge that the said A. B. shall for the said offence [be imprisoned in the at -, for the space of days, or forfeit the sum of shillings, and shall pay the same, on or before, to the treasurer of the said borough, to be by him applied according to the directions of the statute in that case made and provided; or forthwith be dismissed from his said office:] Given under our hands the day and year first above mentioned.

Assaulting them in the execution of their duty.] "If any person shall assault or resist any constable of any borough, appointed under this act, in the execution of his duty, or shall aid or incite any person so to assault or resist:" upon conviction before two justices, penalty not exceeding 5l. Id. s. 81. Or the prosecutor may proceed by indictment. Id.