333 constables shall have been appointed under the said Act, and the council of any incorporated borough situated in or adjoining to such county, may agree together for the consolidation of the county and borough police establishments; and in every such case all the constables appointed either for the county or the borough shall have all the powers, privileges, and duties throughout the county and the borough, which constables appointed for any county have within that county under the said Act, and all the provisions of the said Act shall be taken to apply to the borough constables as well as to the county constables, except as is herein otherwise provided; and every such agreement, which shall have been agreed to by the justices of the county in general or quarter session assembled, on the one hand, and by the mayor, aldermen, and burgesses of the borough, by their council, on the other hand, shall be binding on both parties, as soon as a memorandum of such agreement under the hands of two or more justices of the county, and countersigned by the clerk of the peace, shall be delivered to the council of the borough, and a counterpart thereof under the common seal of the borough shall be delivered to the justices; and when any such agreement shall have been made between any county and any borough, either party shaul be empowered to put an end thereunto, without the consent of the other party, after six months' notice in writing shall have been given to the other party; such notice, if given by the county, to be under the hands of two or more justices, and countersigned by the clerk of the peace, or, if given by the borough, to be under the common seal of the borough: provided always, that no such notice shall be given by the justices, or by the borough, unless in either case such notice shall be agreed upon by a majority of three-fourths of the justices attending at any general or quarter session, or three-fourths of the council of the borough."

And in all cases where the establishment of county and borough constables shall be consolidated into one police establishment, the chief constable of the county shall have the general disposition and government of all such constables, subject to the provisions hereinafter contained, and at his pleasure may dismiss all or any of them; and whenever the chief constable shall dismiss one of the borough constables, he shall report the fact, with his reasons for the dismissal, to the mayor of the borough, and the watch committee of the borough shall forthwith appoint another constable properly qualified, unless provision shall be made in such agreement that all such constables shall be appointed by the chief constable; and no borough constable who shall have been dismissed by the chief constable shail be capable of being re-appointed for the same borough, without the consent of the chief constable; and so much of the said Act for regulating corporations as empowers

the said committee, or any two justices of the peace having jurisdiction within the borough, to dismiss any constable, shall be suspended, as to those boroughs whose establishment of constables is consolidated with the establishment of county constables, during the time that any agreement for such consolidation shall be in force. Id. s. 15.

Local constables.] By stat. 3 & 4 Vict. c. 88, s. 16, "the chief constable shall make out, and cause to be laid before the justices acting in and for every petty sessional division of the county, at one of their special sessions holden for hearing appeals against the poor-rates, a list, signed by him, of fit persons residing within every parish, township, and place within the division, willing in case of need to serve as local constables during the year then next ensuing, for doing all things which belong to the office of constable within such parish, township, or place; and the justices of each of such divisions, at any time, in petty sessions assembled, shall select from the persons named in such list so many local constables as they shall think fit to appoint for every such parish, township, or place, and shall cause to be administered to them the following oath : (that is to say,)

'I, A. B. do swear, that I will well and truly serve our Sovereign Lady the Queen, in the office of local constable for the parish [or township, &c.] of -, for the year ensuing, or until another shall be sworn in my stead, according to the best of my skill and knowledge. So help me God!'

And all such local constables shall be subject to the authority of the chief constable, and to such regulations as shall be made for their government by one of Her Majesty's principal secretaries of state, and shall have within the whole county, and also within all liberties and franchises, and detached parts of other counties situated therein, and also in every county adjoining to the county in which they are appointed, all the powers, privileges, and immunities, and shall be liable to all the duties and responsibilities, of a constable within his constablewick, but shall not be bound to act as constable beyond the parish, township, or place for which they are severally appointed and sworn; and the chief constable, from time to time, shall cause a list to be printed and published of the persons so appointed and sworn as local constables within each division, with the names of the places for which they are severally appointed."

Proviso as to certain constables.] By stat. 3 & 4 Vict. c. 88, s. 90, reciting that an Act was passed in the fourth year of the reign of His late Majesty [3 & 4 W. 4, c. 90], making provisions for the lighting and watching parishes in England and Wales, and divers acts have been made authorizing the ap

pointment of constables and watchmen, by day or night, in sundry towns and places within the counties in which the firstnamed Act may be put in force, and authorizing rates to be made and levied for the purpose of defraying the expenses of such constables or watchmen: it is enacted, "That notwithstanding any thing contained in the said Act of the last session of parliament, the constables or watchmen appointed in and for any parish under the Act of the fourth year of the reign of His late Majesty, or in and for any town or place under any such local Act as last aforesaid, and not discontinued before the passing of this Act, shall continue to act in their respective appointments, and shall be subject to the same authorities as heretofore; and all such acts shall continue in force until it shall be notified by the chief constable of the county, in which such parish, town or place is situated, to the inspectors, commissioners or other persons having authority over such constables or watchmen as aforesaid, by writing under his hand, that he is ready to undertake the charge of such parish, town, or place on some day to be specified in the notice, which notice shall be published within such parish, town, or place, in such manner as shall seem fit to the chief constable, for the purpose of making the same to be generally known; and upon the day so named the watchmen or constables appointed within such parish, town or place, under the said Act of the fourth year of the reign of His late Majesty, or under such local Act, shall be discontinued as a separate force; and all powers for assessing and levying any rate in such parish, town or place, the whole or any part of which shall be applicable to the payment of such watchmen or constables, or any expenses incident thereunto, shall cease, so far as such powers relate to any whole rate so applicable, or to that part of any rate which shall be so applicable, except for such purposes as are hereinafter mentioned: provided always, that notwithstanding any thing in the first-named act contained, the powers of all such acts shall enure for the purpose of enabling the inspectors, commissioners, or other persons charged with the execution of any such act, to make such application as aforesaid to the chief constable of the county for the appointment in any such town or place of an additional number of constables, and to assess and levy such rates as are authorized by the said Acts in each case for defraying the expenses of constables or watchmen, and to apply them in defraying the expense of so many additional constables in such town or place respectively, as the chief constable, on their application, and with the approval of the justices as aforesaid, shall appoint there: provided also, that where any parish, town, or place in which constables have been appointed under any such local Act, shall be situated in more than one county, such notice shall not be given by the

chief constables of either county to the commissioners or other persons having authority over the constables in such parish, town or place, until after constables shall have been appointed under the first-recited Act in each of such counties." Id. s. 20. And "upon the day mentioned in such notice as last aforesaid, all watch-houses and watch-boxes in any such parish or place, and all arms, accoutrements, and other necessaries provided at the public expense for the watchmen or constables therein, shall be given up to such persons as shall be named by the said chief constable, for the use and accommodation of the constables to be appointed under the first-recited Act: and in case any person having the charge, control, or possession of any watch-house, watch-box, arms, accoutrements, or necessaries as aforesaid, shall neglect or refuse to give up the same as herein-before required, every such offender, being convicted thereof before any two justices of the peace, shall for every such offence, forfeit and pay, over and above the value of the property not given up, such sum, not exceeding five pounds, as the said justices shall think meet; and where there shall be any building in any such parish or place as aforesaid, a part only of which building shall have been heretofore used as a watch-house, such part shall be given up every day, from the hour of four in the afternoon until the hour of nine in the forenoon, for the use and accommodation of the constables to be appointed under the first-recited Act; and if any person, having the charge, control, or possession of any such building, shall neglect or refuse to give up such part thereof, for the purposes aforesaid, or to permit free access thereto or egress therefrom during any portion of the time above prescribed, every such offender, being convicted thereof before any two justices of the peace, shall for every such offence forfeit and pay such sum, not exceeding five pounds, as the said justices shall think meet." Id. s. 21.

And "any rate authorized by the said Act of the fourth year of the reign of His late Majesty, or by any such local Act, for defraying the expenses of the constables or watchmen in any parish or place made previous to the day on which the said chief constable shall undertake the charge thereof, shall be levied and collected in the same manner as if the first-recited Act or this Act had not been passed; and that nothing herein contained shall be deemed to affect or alter any powers or authorities for assessing and levying any rate in any such parish or place, so far as such rate may relate to paving, lighting, cleansing, or any other object, except the constables or watchmen or any expenses incident thereto." Id. s. 22.

"And whereas there are certain parishes and places in which monies have been borrowed or advanced, and debts contracted, under some one or more of such acts as last afore

said for the building of watch-houses, and for various expenses connected with the constables or watchmen therein, and such monies and debts remain unpaid, and it is expedient that the same be discharged; be it enacted, that all such monies and debts in any parish or place of which the said chief constable shall undertake the charge shall, notwithstanding any thing herein-before contained, be chargeable upon the rates out of which such monies or debts have been heretofore in part paid, or would have been payable if the first-recited Act or this Act had not been passed, and such rates shall be from time to time assessed and levied for the payment of such monies and debts until the same shall be entirely discharged and satisfied." Id. 8. 23.

Their pay, fees, &c.] The pay is regulated by the rules mentioned in 2 & 3 Vict. c. 93, s. 3, ante, p. 329. Also, in addition to the salary to be paid to the chief constable, reasonable allowances shall be made to him for extraordinary expenses necessarily incurred by him, and by the constables under his orders, in the apprehension of offenders, and in the execution of his and their duty under this Act; which allowances shall be examined and audited by the justices of the county in quarter sessions assembled. Id. s. 18. See R. v. Chelmsford, 5 Q. B. 66.

And by stat. 3 & 4 Vict. c. 88, s. 17, "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 for the service of summonses and execution of warrants, and for the performance of the other occasional duties which may be required of the said local constables; and whenever any duty, for which any such fee or allowance shall have been settled, shall be performed by one of the constables appointed under the first-recited Act, the amount thereof shall be accounted for and paid to the treasurer of the county, or such other person as shall be appointed by the justices to receive the same, and shall be applied towards defraying the expenses of putting the said Act in execution; and when such duty shall have been performed by one of the local constables appointed under this Act, the amount of the fee or allowance shall be paid to such local constable, under such regulations as shall be made from time to time by the justices in general or quarter session assembled."

And "the justices usually acting in and for every division, shall take care that full, true, and particular accounts be kept of all such fees and allowances within their division, and shall once in every quarter of a year cause an account, with all proper vouchers for verifying the same, to be delivered to the treasurer of the county or other person appointed to receive the same." Id. s. 18.