keep to hard labour for the space of from the ⚫date hereof, or until such sum of • the said • seals) at Given under [ No. III. ] 33 George III. c. 55.-An Act to authorize Justices of the Peace to impose Fines upon Constables, Overseers, and other Peace or Parish Officers, for Neglect of Duty, and on Masters of Apprentices for ill Usage of such their Apprentices; and also to make Provision for the Execution of Warrants of Distress granted by Magistrates.—[21st June 1793.] [Inserted ante, title Apprentices, p. 89.] [ No. IV. ] 41 George III. c. 78.-An Act to extend the Powers of an Act, passed in the Twenty-seventh Year of the Reign of his late Majesty King George the Second, intituled An Act for the better securing to Constables and others the Expences of conveying Offenders to Gaol, and for allowing the Charges of Poor Persons bound to give Evidence against Felons; and for allowing to High Constables, in that Part of the United Kingdom called England, their Charges in certain Cases.-[27th June 1801.] No. II. 18 Geo. III. e. 19. WHEREAS by an Act made in the twenty-seventh year of the reign 41 George III. of his late Majesty King George the Second, intituled An Act for c. 78. the better securing to Constables and others the Expences of conveying Of 27 Geo. 2. c. 3. fenders to Gaol, and for allowing the Charges of Poor Persons bound to give Evidence against Felons, it is enacted, That when any person, not having goods or money within the county where he is taken sufficient to bear the charges of himself and of those who convey him, is com'mitted to gaol or the house of correction by warrant from any ⚫ justice or justices of the peace, then on application by any constable or other officer who conveyed him to any justice of the peace for the same 'county or place, he shall upon oath examine into and ascertain the rea'sonable expences to be allowed such constable or other officer, and shall 'forthwith without fee or reward by warrant under his hand and seal order the treasurer of the county or place to pay the same, which the 'said treasurer is hereby required to do as soon as he receives such ' warrant; and any sum so paid shall be allowed in his accounts: And whereas it is expedient in certain cases that constables specially appointed by justices of the peace to execute any warrant or warrants should be paid the reasonable charges and expences incurred by them as well in respect of searching for and apprehending offenders as in conveying such offenders to gaol: And whereas it is also expedient that high constables should in certain cases be allowed the extraordinary charges and expences by them incurred; May it therefore please your Majesty that it may be enacted,' and be it enacted and declared by the King's most excellent Majesty, by and with the advice and con sent of the Lords Spiritual and Temporal and Commons in this present When Special Parliament assembled, and by the authority of the same, That from and Constables shall be appointed in England to execute Warrants in Cases of Felony, two Justices may order proper Allowances to be made for their Expences and Loss of Time, which Order shall be submitted to Quarter Sessions. K VOL. VII. No. IV: 41 Geo. III. c. 78. Two Justices in like Manner may order Allowances to be made to High Constables in England for extraordinary Expences incurred in the Execution of their Duties, in Cases of Riot or Felony, &c. 1 Geo. IV. c. 37. Cases in which Magistrates are empowered to appoint Special Constables; after the passing of this Act it shall and may be lawful to and for any two justices of the peace for any county city division riding or place within that part of the United Kingdom called England, when any person or persons shall have been nominated or appointed a special constable or special constables for the purpose of executing any warrant or warrants in any case or cases of felony, to order by any writing or writings under their hands such proper allowances to be made to such special constable or special constables for his or their expences trouble and loss of time in executing or endeavouring to execute such warrant or warrants as to him or them shall seem reasonable and necessary; which orders shall be afterwards laid before and submitted on the oath of such special constable or constables to the consideration of the justices assembled at the next general quarter sessions of the peace to be holden for such county city division riding or place, as the case may be; and the justices so assembled at such general quarter sessions may allow or disallow the whole or any part or parts of such allowances so ordered by such justices issuing such warrant or warrants, and shall and may thereupon then order and direct the treasurer for such county city division riding or place to pay such sum or sums of money to such special constable or special constables as to the said justices so assembled shall seem reasonable and necessary; and such treasurer shall and he is hereby authorised and required forthwith to pay the sum and surns of money so ordered and directed to be paid to the person or persons empowered to receive the same; and such treasurer shall be allowed the same in his accounts. II. And be further enacted, That it shall and may be lawful to and for any two justices of the peace within their respective jurisdictions to order and direct by any writing or writings under their hands such reasonable and necessary allowances to be made to any high constable or high constables for any county city division riding hundred or place within that part of the United Kingdom called England, for any extraordinary expences incurred by him or them in the execution of their respective duties in any case or cases of tumult riot or felony; and such orders shall be laid before and submitted on the oath of such high constable or constables to the consideration of the justices assembled at the next general quarter sessions of the peace to be holden for such county city division riding or place, as the same may be; and the justices so assembled at such general quarter sessions may allow or disallow the whole or any part or parts of such allowance so ordered, and shall and may then order and direct the treasurer for such county city division riding or place to pay such sum or sums of money to such high constable or high constables as to the said justices so assembled shall seem reasonable; and such treasurer shall and he is hereby authorised and required forthwith to pay the sum or sums of money so ordered and directed to be paid to the person or persons empowered to receive the same; and such treasurer shall be allowed the same in his accounts. [ No. V. ] 1 Geo. IV. c. 37.-An Act to increase the Power of Magistrates in the Appointment of Special Constables.-[8th July 1820.] WHEREAS doubts have arisen whether any person or persons can be compelled to act as special constables, except in any actual tumult riot or felony: And whereas it is expedient that justices of the peace should have the power of compelling certain persons to act as special constables not only in case of actual tumult riot or felony, but also on the reasonable apprehension thereof for the prevention of the same: Be it enacted and declared by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act, in all cases where it shall be made to appear to any two or more justices of the peace acting for any county city division riding or place, by the information on oath of No. VI. c. 28. five respectable householders of such county, city, division, riding, or place, that any tumult riot or felony has taken place or is likely to take place 5 Geo. IV. and may reasonably be apprehended, such justices may and are hereby authorized to call upon nominate and appoint by precept in writing under their hands any householders or other persons (not legally exempt from serving the office of constable) residing within their respective divisions or the neighbourhood thereof, to act as special constables for such time and in such manner as to the said justices shall seem fit and necessary for the preservation of the public peace, and for the prevention or suppression of any tumult riot or felony; and the said justices are hereby empowered to administer to such person so appointed the usual oaths administered by law to all special constables. II. And be it further enacted, That in case any person (not legally exempted as aforesaid) so called upon nominated and appointed by such justices as aforesaid, shall neglect or refuse to take upon themselves the office and to act as such special constable, such person so neglecting or refusing shall be liable to such and the same fines penalties and punishments as persons refusing to take upon themselves the office of constable are now by law subject to. III. And be it further enacted, That it shall and may be lawful for the justices of the peace assembled at the general or quarter sessions holden for any county, city, division, riding, or place where special constables shall have been called out as aforesaid, to order and direct such reasonable allowances for trouble and expences to be made to any person or persons so called out by authority of this Act as to the said justices shall seem fit, which allowance the said justices may order the treasurer of such county city, division, riding, or place, to pay to such persons as the said justices shall direct; and such treasurer shall and he is hereby authorized and required forthwith to pay the sum or sums of money so ordered and directed to be paid to the person empowered to receive the same, and such treasurer shall be allowed the same in his accounts. IV. And be it further enacted, That the court before which any indictments may be tried under the provisions of this Act shall have the power to award reasonable costs of trial to such persons as may prefer the said indictments, and may order the treasurer of such county, city, division, riding, or place, wherein such indictment shall be tried, to pay the sum or sums of money so ordered to such persons as the said court shall direct; and such treasurer shall and he is hereby authorized and required forthwith to pay the sum or sums of money so ordered and directed to be paid to the persons empowered to receive the same; and such treasurer shall be allowed the same in his accounts. who are compelled to act, under the same Penalties for Refusal as Constables. Justices at Sessions to give Allowance to said Special Constables. Court may al low Costs. V. And be it further enacted, That this Act shall be deemed and taken Public Act. to be a public Act, and shall be judicially taken notice of as such by all judges justices and others without being specially pleaded. [No. VI.] 5 Geo. IV. c. 28.-An Act to amend an Act of the Third Year of His present Majesty's Reign, for the Appointment of Constables in Ireland.-[17th May 1824.] WHEREAS an Act was made in the third year of the reign of his pre sent Majesty, intituled An Act for the Appointment of Constables, and 3 G. 4. c. 103. to secure the effectual Performance of the Duties of their Office, and for the Appointment of Magistrates in Ireland, in certain cases: And whereas doubts have arisen whether the provisions of the Act extend to the appointment of constables in and for the county of Dublin; and it is essential that constables should be appointed for the said county pursuant to the provisions of the said Act: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That at any time after the Lord Lieutenant empowered to appoint Chief Constable for each Barony, or for any two or more Baronies together, and to require Magistrates to meet and appoint Constables for the County. VOL. VII. * K No. VI. 5 Geo. IV. c. 28. passing of this Act, it shall and may be lawful to and for the lord lieutenant or other chief governor or governors of Ireland for the time being, and he and they is and are hereby authorized and empowered, by warrant under his or their hand, to appoint one chief constable for each and every or any barony or half barony, or other division of a barony, or for any two or more baronies lying together, in the county of Dublin; and also by proclamation, to be inserted in the Dublin Gazette, to require the magistrates in the commission of the peace for the said county of Dublin to be assembled in the city of Dublin, on a day to be named in such proclamation, and then and there to nominate such number of constables and sub-constables in and for the said county of Dublin, as shall be specified in such proclamation, not exceeding in the whole a number after the rate of sixteen for each barony or half barony, or other division of a barony in this the said county of Dublin, to be stationed in and through the several baronies and half baronies in the said county; and that the magistrates of the said county of Dublin so assembled, ten at least being present, shall proceed to name constables and sub-constables accordingly; Appointment in and that when any vacancy or vacancies shall arise, the chief constable Vacancies. of the barony or half barony, or other division of a barony on which such vacancy shall arise, shall report the same to the magistrates at the next ensuing quarter sessions for the said county of Dublin, and such magistrates shall thereupon proceed to fill up such vacancy or vacancies by appointing another or other constable or constables, or sub-constable or subconstables, to fill any such vacancy or vacancies as aforesaid, except only in cases otherwise provided for by this Act. Powers of Lord extended to County of Dublin. H. Provided always, and be it enacted, That in case of any neglect or omission by the magistrates of the said county of Dublin to nominate and appoint any such constables or sub-constables, pursuant to the directions of the said recited Act and this Act, it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland, to nomiConstables un-nate and appoint such constables or sub-constables; and also that it der recited Act, shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being, from time to time, at his or their pleasure, to remove all or any and every such chief constable or chief constables, and all or every or any such constables or sub-constables, and to give all such directions with respect to the salaries, houses, horses, ammunition, and all other matters and things of and for or belonging to such chief constables constables and sub-constables, in and for the said county of Dublin, in like manner as is authorized or required by the said recited Act with respect to any chief constables constables or sub-constables, in and for any county in Ireland; and that the magistrates of the said county of Dublin shall have all such powers and authorities with respect to the appointment and regulation of such constables and subconstables, and with respect to the appointment of any further number of constables within the said county, as by the said recited Act are given to or conferred on the magistrates of any county in Ireland; and that all chief constables constables and sub-constables for the said county of Dublin, to be appointed in pursuance of this Act, shall take such oath, and shall be subject to all such rules and regulations, qualifications, restrictions, disabilitics, penalties, and forfeitures, and shall have use and exercise all such power and authorities, and shall exercise and perform the duties of their several offices, in like manner to all intents and purposes as by the said recited Act is authorized required or directed with relation to any chief constable constable or sub constable in any county in Ireland, and as if the said county of Dublin had been expressly included and mentioned in the said recited Act. Police Magistrates of Dub lin may be appointed Super III. And be it further enacted, That it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland, from time to time, if he shall think fit so to do, to order and direct that any one or more of the divisional justices of the police district of Dublin metropolis, shall and may act as superintendant, or as superintendants, or inspector or inspectors of the chief constable and constables within the Dublin County county of Dublin; and every such justice so to be appointed to act as such intendants of Constables in superintendant or inspector of such constables, shall have use and exercise all such powers and authorities, and shall perform such duties within the said county of Dublin, as by the said recited Act are vested in or required from any general superintendant or inspector of constables appointed under the authority of the said recited Act. IV. And for the securing a supply of proper persons to fill the office of constables under the said recited Act and this Act, as the same shall from time to time become vacant; be it enacted, That it shall and may be lawful for any five justices of the peace for the said county of Dublin, or for any county in Ireland, at any general quarter sessions or general sessions of the peace, regularly and duly assembled, and such justices, at any such sessions, are hereby authorized and required from time to time to nominate any number of persons, as fit and proper persons for the supplying of such vacancies, not exceeding in the whole the number of twenty such persons in any one county, and being qualified to act as constables in manner required by the said recited Act of the third year of his present Majesty's reign, and pursuant to the rules and regulations made and approved of under the authority thereof; and a list of all such persons so from time to time nominated at any such session, shall within ten days after the last day of every such session respectively, be transmitted by the clerk of the peace to the general superintendant or inspector of the chief constables and subconstables acting for such county. V. And be it further enacted, That it shall and may be lawful for any general superintendant or inspector of the chief constables and constables appointed under the said Act or this Act in any county, and such superintendant or inspector is hereby authorized and empowered from time to time to appoint out of the persons named in such list, according to the order in which the names shall be inserted in such list, to be constables under the said recited Act in or for any barony or half barony, or other division, in any county committed to the superintendance and inspection of such superintendant and inspector, in which any vacancy or vacancies shall arise by the death or removal of any constable or constables appointed under the said recited Act, or this Act; and every person so appointed shall be and become a constable in and for any barony half barony or other division of a barony, in like manner and under such conditions, to all intents and purposes, as any constable appointed under any of the provisions of the said recited Act or this Act, and shall take such oath as is required to be taken by constables under the said recited Act, and shall have all such powers and authorities, and shall be subject and liable to all such directions, as any other constable appointed under the said recited Act or this Act, and shall have such salary as by the said recited Act is authorized to be paid to any constable appointed under the said recited Act; and whenever any vacancy or vacancies shall be filled up by such superintendant or inspector, in such manner as is authorized and required by this Act, it shall not be necessary for the chief constable of the barony or half barony in which such vacancy shall arise to report the same to the magistrates at the quarter sessions of the county, or for such magistrates to fill up such vacancy or vacancies in manner required by the said recited Act or this Act; any thing in the said recited Act or this Act to the contrary thereof in anywise notwithstanding. No. VI. 5 Geo. IV. c. 28. Quarter Sessions may nominate Persons qualified for Constables, as under 3 G. 4. c. 103. to suc ceed in case of Vacancies. List of such Persons shall be sent to Superintendant or Inspector. Superintendants may supply Vacancies from among Persons named in such Lists; and in such Case, Vacancies need not be certified to Sessions. VI. Provided always, and be it enacted, That in case it should happen On failure of that no person should be nominated for the supplying of such vacancies Nomination by in manner required by the said recited Act or this Act, by the justices of Sessions, &c., the peace at any sessions, or in any case no list of persons so nominated Superintendant shall be transmitted to the superintendant or inspector of constables in may appoint manner required by this Act, or in case the names of a sufficient number Constables, to of persons for the supplying of any such vacancies in any county, duly be approved of qualified as required by the said recited Act, shall not be contained in by Lord Lieusuch list, then and in either of such cases it shall and may be lawful for such superintendant or inspector, and he is hereby authorized and empowered, to nominate and appoint any person or persons to supply such vacancy or vacancies, being qualified according to the directions of the said recited Act; and such person or persons so nominated and appointed any tenant. |