No. VI.

5 Geo. IV.

c. 28.

Fines on Con

stables by Magistrates shall

be deducted out of their Sala

to Consolidated Fund.

by such superintendant or inspector, having first received the approbation of the lord lieutenant or other chief governor or governors of Ireland (to be signified by his or their chief secretary), shall be sworn, and shall be and become a constable or constables to all intents and purposes as any other person or persons appointed to be a constable or constables under the pro

visions of the said recited Act or this Act.

VII. And be it further enacted, That whenever any penalty shall be imposed or inflicted under the said recited Act by any magistrates upon any chief constable or other constable, for neglecting or refusing to obey or execute any warrant, or for any neglect or violation of duty in his ries, and carried office, it shall and may be lawful for such magistrates, instead of directing that such penalty shall be levied by the distress and sale of the goods and chattels of the party so offending, and such magistrates are hereby authorized and required, in all cases where any salary shall be due to such constable, to certify the conviction or confession of such offender, and the amount of the penalty imposed on such offender, to the chief secretary of the lord lieutenant or other chief governor or governors of Ireland; and the amount of any and every such penalty shall and may be stopped and deducted out of the salary due or growing due to such constable, and shall be applied towards the repayment of the sums advanced out of the consolidated fund under the said recited Act, and shall be paid into the receipt of his Majesty's Exchequer in Ireland, according to the course of the said Exchequer, and then carried to account accordingly.

Constables refusing to deliver up Arms, shall be liable to Three Months' Imprisonment,

in lieu of Penalty under

3 G. 4. c. 103.

On Petition of Constable appointed under recited Act or

this Act, or un

der 54 G. 3.

c. 131. stating

ed, &c., in

Execution of

Lieutenant may order Recom

VIII. And be it further enacted, That if any chief constable or other constable shall not, within one week after he shall be dismissed from or shall cease to hold and exercise his office, deliver over all and every arms and accoutrements, horse, saddle, bridle, clothing, or appointments supplied to him, under the provisions of the said recited Act, to his successor in such office, if such there shall be, and if not, then to such person and at such time and place as shall be directed by the lord lieutenant or other chief governor or governors of Ireland for the time being, upon conviction of such offence before any two or more magistrates, upon the oath of one or more credible witness or witnesses, or upon his own confession, every such offender, in lieu of forfeiting the sum of twenty pounds, inflicted by the said recited Act in such cases, shall be subject and liable to imprisonment in the common gaol or house of correction for any such period, not exceeding the term of three calendar months, as such magistrates shall think proper to direct; and it shall be lawful for such magistrates, and they are hereby authorized and required to commit every such offender accordingly.

IX. And be it further enacted, That upon the petition of any chief constable or constable or sub-constable, appointed and acting under the provisions of the said recited Act or this Act, or appointed and acting under the provisions of an Act made in the fifty-fourth year of the reign of his late Majesty King George the Third, intituled An Act to provide for the better Execution of the Laws in Ireland, by appointing superintending Mahis being maim-gistrates and additional Constables in certain cases, stating that such constable has received any maim wound or hurt, or other grievous injury, in the execution or performance of the duty of his office, whereby he shall his Duty, Lord be disabled from executing the duty of his office, and upon such certificates as the lord lieutenant or other chief governor or governors of Ireland shall require or direct, it shall and may be lawful for such lord lieutenant or other chief governor or governors of Ireland, to order that any such sum or sums as he or they shall think proper, shall be paid as an annual remuneration or superannuation to such constable, not exceeding in any case the amount of two-thirds of the salary of such constable upon such conditions and in such manner as such lord lieutenant or other chief governor or governors shall order and direct, and also to order that any such sum or sums shall from time to time be advanced and paid out of the produce of the consolidated fund of the United Kingdom of Great Britain and Ireland arising in Ireland; and that the amount of one moiety or half part of all such sums shall be repaid by the county, city, town, barony, or half barony, for which such constable shall have been ap

pence to be paid

out of Consolidated Fund, One half to be repaid by the County, as under 3 G. 4.

c. 103.

No. VII.

7&8 Geo.IV.

c. 38.

pointed, in like manner and under the like regulations as by the said recited Act of the third year of the reign of his present Majesty is directed with respect to the payment of one moiety of any sums advanced for the purpose of paying the salary of any constable under the said recited Act. X. And whereas by an Act made in the fifty-fifth year of the reign of his late Majesty King George the Third, intituled An Act to enable Grand 55 G. 3. c. 158. Juries to present additional Sums for Constables in Ireland, and for the secure Conveyance of Prisoners, it is amongst other things provided, that it shall and may be lawful to and for the lord lieutenant or other chief governor or governors of Ireland, in his or their discretion, on the petition of any constable appointed or continued under either of the Acts therein mentioned, supported by the recommendation of the grand jury of the county within which such constable shall be appointed, and by such certificates as such lord lieutenant or other chief governor or governors of Ireland shall require or direct, of the continuance of the service of such constable, and of his having executed the duty of his office with diligence and fidelity, to order that such constable shall and may be superannuated, and shall and may receive such yearly allowance remuneration and superannuation, as to such lord lieutenant or other chief governor or governors of Ireland shall seem fitting and proper, upon the conditions and not exceeding the proportions in the said Act mentioned: And whereas under the provisions of the said Act the proportion of salary which any such constable may so receive depends on his age his infirmities of mind or body and the length of his service: And whereas there are in Ireland divers persons who have been from time to time appointed constables by grand juries under certain other Acts of Parliament'; but doubts are entertained whether such persons are within the provisions of the said last recited Act, by reason whereof it has happened that many persons have been prevented from receiving such superannuations, who have in reason and justice the strongest claims thereto; for remedy whereof, be it enacted, That from and after the 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, on the petition of any person holding, or having at any time held the office of a constable or sub-constable by or under the appointment of any grand jury in Ireland, supported by such recommendation and certificates or certificate as aforesaid respectively, to order that such shall and may be or remain superannuated, and shall and may receive such yearly allowance remuneration and superannuation, as to such lord lieutenant or other chief governor or governors shall seem fitting and proper, upon the conditions and not exceeding the proportions in the said Act mentioned: Provided always, that in estimating the amount of any such allowance and superannuation, the salary payable to constables under the said last recited Act of the fifty-fifth year of the reign of his late Majesty, shall be deemed taken and considered as the salary of such person, and not any greater or other salary which such person may at any time have had; and that in estimating the length of service of any such person, all and every time and period during which such person hath or shall have served in the office of a constable or sub-constable, by or under the appointinent of the grand jury of his proper county, under any Act of Parliament whatsoever, shall and may be taken into account and applied to his credit, so as that he shall have the full benefit thereof in such computation of the length of his service.

person

XI. And be it further enacted, That this Act may be altered amended or repealed by any Act or Acts to be passed in this present session of Parliament.

[No. VII.] 7 & 8 Geo. IV. c. 38.-An Act for discontinuing certain Presentments by Constables.-[21st June 1827.]

WHEREAS in some parts of England the petty constables of the several parishes have, from a very remote period, been required to

In what manner Grand Jury Constables shall be superannuated, and the

Mode of calculating their Salary and Term of Service.

Act may be altered this

Session.

No. VIII,

9 Geo. IV.

c. 63.

appear at a petty session held previously to every general gaol delivery and quarter session for the county in which such parishes are situate, and to make and sign before the justice or justices of the peace attending such petty sessions certain presentments of various indictable and other offences: And whereas the said presentments are attended with considerable expence and loss of time, and have, in consequence of modern legislative provisions, become useless and improper: 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 from and after the passing of this Act, no petty constable shall be shall be required required at any petty session or elsewhere to make, nor shall any high constable be required at any general gaol delivery, great session, or ge neral or quarter session of the peace in England to deliver any presentment respecting popish recusants, persons absenting themselves from their parish church or any other place of religious worship licensed by authority, rogues and vagabonds, inmates, retailers of brandy, ingrossers, forestallers, regraters, profane swearers and cursers, servants out of service, felonies and robberies, unlicensed or disorderly alehouses, false weights and measures, highways and bridges, riots, routs, and unlawful assemblies, and whether the poor are well provided for, and the constables are legally chosen and sworn.

No Constable

to make Pre

sentments re

specting the

Offences herein mentioned.

5 G. 4. c. 28. § 1.

[No. VIII.] 9 Geo. IV. c. 63.-An Act to amend two Acts of the Third and Fifth Years of His present Majesty, for the Appointment of Constables in Ireland.-[15th July 1828.]

3 G. 4. c. 103. WHEREAS an Act was passed in the third year of the reign of his present Majesty, intituled An Act for the Appointment of Constables, and to secure the effectual Performance of the Duties of their Office, and for the Appointment of Magistrates, in Ireland, in certain Cases, which said Act was amended and extended to the county of Dublin by another Act passed in the fifth year of the same reign: And whereas the lord lieutenant or other chief governor or governors of Ireland for the time being is and are by the said Acts 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 and being in the same county in Ireland, and also, by proclamation to be inserted in the Dublin Gazette, to require the magistrates in the commission of the peace for any county in Ireland to nominate, in the manner in the said Acts respectively prescribed, such number of constables and sub-constables in and for such county as shall be specified in such proclamation, not exceeding in the whole, in any county, a number after the rate of sixteen for each barony or half barony, or other division of a barony, within such county, to be stationed in and 3 G. 4. c. 103. through the several baronies and half baronies in such counties; and it § 13. is, amongst other things, enacted by the said Act of the third year of his Majesty's reign, that the lord lieutenant or other chief governor or governors of Ireland for the time being, may order and direct that any person, having been appointed a constable under the said Act for any county, shall go into and be a constable in and for any barony or baronies or half barony, or other division of a barony, in such county; and that any such constable, or any number of the constables or sub-constables, appointed under the said Act, for any county, or any barony or baronies, or divisions of a barony, at any time or times, shall go or repair to such place or places in any other county or counties, or in any county of a city or county of a town, or city and liberties, or barony or baronies, or division of a barony, in Ireland, as shall be mentioned in such order; provided that not more than two-third parts of the existing establishment of constables for any one county city or town shall be so removed or absent from such county city or town at any one time: And whereas it is expedient that such power

of removal should be extended and enlarged, and that the said Acts should in other respects be amended; 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 from and after the 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, from time to time, when and as often as he or they shall think fit so to do, to order and direct that every or any chief or other constable, or that the whole or any number of chief or other constables, or of sub-constables, appointed under the said recited Acts or either of them, for any county, or any barony or baronies, or division of a barony, in any county in Ireland, at any time or times, shall go and repair to such place or places in any other county or counties, or in any county of a city or county of a town, or city and liberties, or barony or baronies, or division of a barony, in Ireland, as shall be mentioned in such order, and shall remain there for such length of time, or remove to or remain at any other place or places in the same or any other county city or town, for such time and times, and shall return to his or their original county city or town, at such time and times respectively as shall be mentioned or directed in or by such order, or by any other order or orders which may from time to time be made by the lord lieutenant or other chief governor or governors of Ireland for the time being; and that such chief and other constables and sub-constables, when so removed, shall have the same rights powers and authorities, and be subject to the same rules regulations and orders, and be in all respects in the same situation in the county or other districts to which they shall be so removed, as if they had been originally appointed in and for such county or district.

II. And be it further enacted, That it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being, by warrant under his or their hand or hands from time to time, as shall appear to him or them fitting, to order and direct that any chief constable already appointed or hereafter to be appointed shall -be and act as a chief constable in and for such part or district of, or in any county, county of a city, or county of a town, as shall be mentioned and described in such warrant, whether such part or district shall or shall not consist of a barony or baronies or half barony, or other division of a barony; and in like manner from time to time to enlarge diminish or alter such districts, in any way which to him or them shall appear to be expedient; and that such chief constables shall, in such their respective districts for the time being, have use and exercise such and the like powers, dutics, rights, and authorities, and shall be subject to the same and the like rules, regulations, directions, and liabilities, in all respects, as such chief constables now have, use, exercise, or are subject to, or would have used exercised or been subject to, with respect to any barony or baronies or half barony, or division of a baróny, under the said Acts or either of them.

III. And whereas inconvenience has frequently been experienced in consequence of the sudden resignation of constables under circumstances in which their services have been particularly required; be it enacted, That from and after the passing of this Act no constable or sub-constable, who shall have been or shall be appointed under the said recited Acts or either of them, or this Act, shall be at liberty to resign his office, or to withdraw himself from the duties thereof, unless expressly authorized so to do, in writing, by the chief constable for the time being, or unless he shall have given to such chief constable one month's notice at least of his intention of so resigning or withdrawing himself; and if any constable or sub-constable shall so resign or withdraw himself, without such previous permission, or without such notice as aforesaid, he shall for such offence forfeit and pay the sum of five pounds, upon conviction before a justice of the peace; and it shall and may be lawful for such justice, in case such penalty shall not be paid, to commit such person to the common gaol or house of correction for any period not exceeding three calendar months;

No. VIII.

9 Geo. IV. c. 63.

Accounts of the

and all penalties so to be levied shall be paid to the paymaster of the county, for the use of the establishment.

IV. And be it further enacted, That at each spring and summer assize after the passing of this Act, there shall be laid before the grand jury of each county city or town, an account, signed by the chief secretary of the lord lieutenant, or the under secretary, stating respectively the number of chief and other constables serving in such county city or town, and the sums respectively paid since the preceding assize for the salaries and exto be laid before pences of such constables, and for the providing or repairing the arms the clothing and the accoutrements of the same.

Number of Constables and of their Salaries

Grand Juries.