Page images
PDF
EPUB

And "in every case of the adjudication of a pecuniary penalty under this Act, and non-payment thereof, the justices, before whom any offender shall have been convicted, may commit such offender to any gaol or house of correction within his jurisdiction, for a term not more than one calendar month, where the sum to be paid shall not exceed five pounds, and in any case not more than two calendar months, the imprisonment to cease on payment of the penalty and the costs for the recovery thereof; or instead of imprisonment, it shall be lawful for the justices, by warrant under their hands and seals, to order such penalty, with the reasonable costs and charges of the conviction, to be levied by distress and sale of the goods and chattels of the offender;" and all such convictions and warrants shall be taken to be within the provisions of stat. 5 G. 4, c. 18, (post, pp. 379, 380). Id. s. 15.

And no conviction for any offence against this Act shall be quashed for want of form, or be removed by certiorari or otherwise into any of Her Majesty's superior courts of record; and that no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that it is founded on a conviction, and there be a good and valid conviction to sustain the same; and that where any distress shall be made for levying any money by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto; nor shall the party distraining be deemed a trespasser from the beginning, on account of any irregularity afterwards committed by him, but the person aggrieved by such irregularity may recover full satisfaction for the special damage (if any) in an action upon the case." Id. s. 17.

Appeal.] "In every case of summary conviction before any justices of the peace under this Act, in which the penalty adjudged to be paid shall be more than three pounds, any person who shall think himself aggrieved by the conviction, may appeal to the justices of the peace at the next general or quarter sessions of the peace to be holden for the county, riding, or division wherein the cause of complaint shall have arisen ; provided that such person, at the time of the conviction, or within forty-eight hours thereafter, shall enter into a recognizance, with two sufficient sureties, conditioned personally to appear at the said sessions to try such appeal, and to abide the further judgment of the justices at such sessions assembled, and to pay such costs as shall be by the last-mentioned justices awarded; and it shall be lawful for the justices, by whom such conviction shall have been made, to bind over the witnesses, who shall have been examined, in sufficient recognizances, to

attend and be examined at the hearing of such appeal; and that every such witness, on producing a certificate of his being so bound, under the hand of the justices, shall be allowed compensation for his time, trouble, and expenses in attending the appeal, which compensation shall be paid, in the first instance, by the treasurer of the county or riding, in like manner as in cases of misdemeanor, under the provisions of stat. 7 G. 4, c. 64; and in case the appeal shall be dismissed, and the order of conviction affirmed, the reasonable expenses of all such witnesses attending as aforesaid, to be ascertained by the court, shall be repaid to the treasurer of the county or riding by the appellant." Id. 8. 19.

Actions against constables, &c.] "For the protection of persons acting in the execution of this Act, be it enacted, that all actions and prosecutions to be commenced against any person for any thing done in pursuance of this Act, shall be laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise; and notice in writing of such cause of action shall be given to the defendant one calendar month at the least before the commencement of the action; and in any such action, the defendant may plead the general issue, and give this Act and the special matter in evidence, at any trial to be had thereupon; and no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if upon demurrer or otherwise judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge before whom the trial is had shall certify his approbation of the action, and of the verdict obtained thereupon." Id. s. 18.

6. Special constables.

In what cases and how appointed.] "In all cases where it shall be made to appear to any two or more justices of the peace of any county, riding, or division, having a separate commission of the peace, or to any two or more justices of any liberty, franchise, city, or town in England or Wales, upon the oath of any credible witness, that any tumult, riot or felony

has taken place, or may be reasonably apprehended, in any parish, township, or place, situate within the division or limits for which the said respective justices usually act, and such justices shall be of opinion that the ordinary officers appointed for preserving the peace are not sufficient for the preservation of the peace, and for the protection of the inhabitants and the security of the property in any such parish, township, or place as aforesaid:" then such justices, or any two or more justices acting for the same division or limits, may nominate and appoint, by precept in writing under their hand, so many as they shall think fit of the householders or other persons (not legally exempt from serving the office of constable, or, by sect. 2, even persons exempt, if upon the representation of two justices one of the principal secretaries of state shall order it,) residing in such parish, township, or place as aforesaid, or in the neighbourhood thereof, [or residing elsewhere, if willing, 5 & 6 W.4, c. 43,] to act as special constables, for such time and in such manner as to such justices shall seem fit and necessary for the preservation of the public peace, and for the protection of the inhabitants, and the security of the property in such parish, &c.: Provided that whenever it shall be deemed necessary to nominate and appoint such special constables as aforesaid, notice of such nomination and appointment, and of the circumstances which have rendered the same expedient, shall be forthwith transmitted by the justices making the same, to one of the principal secretaries of state and to the lieutenant of the county. 1 & 2 W. 4, c. 41, s. 1.

Also, any of Her Majesty's principal secretaries of state may give directions to the lieutenant of any county to cause special constables to be appointed and sworn, in manner aforesaid, throughout the whole or any part of such county, for any time not longer than three months, and may signify, if he think fit, that no person shall be excused by reason of any exemption. Id. s. 3.

How sworn in, &c.] The following is the form of the oath to be administered: "I, A. B. do swear that I will well and truly serve our sovereign Lady the Queen, in the office of special constable for the parish [or township] of without favour

or affection, malice or ill-will; and that I will, to the best of my power, cause the peace to be kept and preserved, and prevent all offences against the persons and properties of Her Majesty's subjects; and that while I continue to hold the said office, I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law: So help me God."

This oath may be administered by the justices who appoint the special constables, or by any one of them, or by any other justice acting for the same division or limits. Id. s. 1. But to make the refusal to take the oath punishable, the party must

be required to take it, either by the justices who appoint him, or any two of them, or by any other two justices acting for the same division or limits: and if any person, appointed a special constable, shall refuse to take the oath when so required, he shall forfeit and pay such sum, not exceeding 51., as to the justices so requiring him shall seem meet; or if any person, appointed a special constable, shall neglect or refuse to appear at the time and place for which he shall be summoned, for the purpose of taking the oath, he shall be liable to be convicted before such two justices, and forfeit and pay a sum not exceeding 51., unless he prove that he was prevented by sickness or such other unavoidable accident as the justice shall deem a sufficient excuse. Id. s. 7.

at ""

Conviction for refusing to take the oath :-Berkshire to wit: Be it remembered, that on at - A. B. is convicted before us, E. F. and G. H., two of Her Majesty's justices of the peace for the said county, by whom the said A. B. was appointed special constable as hereinafter mentioned,* for that he the said A. B., on was duly appointed a special constable for the parish of Y., in the county of B., aforesaid, by us the said E. F. and G. H. and others Her Majesty's justices of the peace as aforesaid; and that the said A. B. now here appearing before us, and being by us now here required to take the oath appointed by the statute in such case made and provided to be administered to persons so appointed special constables as aforesaid, he the said A. B. now here unlawfully refuses to take the said oath; 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, forfeit the sum of and shall pay the same immediately [or on or before the day of- instant] to C. D., being one of the overseers of the poor of the [parish] of offence was committed, to be by him applied according to the directions of the statute in that case made and provided. Given under our hands, the day and year first above mentioned.

[ocr errors]

in which the said

Conviction for refusing to attend to take the oath : same as the last form, to the asterisk*: For that he the said A. B., on at was duly appointed a special constable for the parish of Y., in the county of B. aforesaid, by us the said E. F. and G. H. and others of Her Majesty's justices of the peace as aforesaid, and he the said A. B. was thereupon then and there duly summoned to appear [here state shortly the substance of the summons]; but the said A. B., although so summoned as aforesaid did neglect and refuse to appear at the time and place for which he was summoned as aforesaid for the purpose of taking the said oath, [or if the oath be not mentioned in the summons, say, "the oath appointed by the statute in such case made and provided, to be administered to persons so appointed special constables as aforesaid];" against the form of the statute in such case made and provided, &c. as in the last form to the end.

Where and how they may act.] Every special constable, appointed under this Act, shall, not only within the parish, township or place, for which he shall have been appointed, but also throughout the entire jurisdiction of the justices so appointing him, have, exercise and enjoy all such powers, authorities, advantages and immunities, and be liable to all such duties and responsibilities, as any constable duly appointed now has within his constablewick, at common law or by statute. Id. s. 5.

And if two or more justices of any adjoining county make it appear to the satisfaction of two or more of the justices of the division or limits wherein such special constables are serving, that any extraordinary circumstances exist which render it expedient that the said special constables should act in such adjoining county, then the latter justices may order them to act in such adjoining county, in such manner as such latter justices shall deem meet. Id. s. 6.

Orders and regulations.-Service determined.] The justices appointing the special constables, or any two of them,-or the justices of the division or limits within which such constables are called out at a special sessions,-shall have power to make such orders and regulations as may from time to time be necessary and expedient for rendering such special constables more efficient for the preservation of the public peace," and may also remove such special constables from their office, for any misconduct or neglect of duty. Id. s. 4. They may also suspend or determine the services of all or any of the special constables so called out as to them shall seem meet, of which they shall send notice to one of the principal secretaries of state, and to the lieutenant of the county. Id. s. 9. And a special constable once appointed, continues to have all the authority of a constable, until his services are actually determined by the justices under this section. R. v. Porter et al., 9 Car. & P. 778. And every such special constable, within one week after the expiration of his office, or after he shall cease to exercise the same, shall deliver up to such person as a justice of the peace shall direct, every staff, weapon and other article, which shall have been provided for such special constable under this Act, under a penalty not exceeding 21., upon conviction before two justices. Id. s. 10. This conviction can readily be framed from the forms, supra.

Refusing to serve, or disobeying orders.] If any person appointed a special constable, and being called upon to serve, shall "neglect or refuse to serve as such special constable, or to obey such lawful orders and directions as may be given to him for the performance of the duties of his office:" penalty not exceeding 51. for every such neglect or refusal, on convic

« PreviousContinue »