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upwards, except such persons as shall be exempt or disqualified as herein. after mentioned, shall be qualified and liable to serve as constable of that parish.
Section 6 gives a list of persons exempted from serving office of con. stable. Amongst others, peers, members of Parliament, justices, clergy. men, schoolmasters, practising barristers and solicitors, coroners, gaolers, physicians, surgeons, apothecaries, naval and military officers on full pay, pilots, officers of customs and excise, sheriffs' officers, clerks of guardians, masters of unions, county constables, parish clerks, registrars of births, &c., all churchwardens, overseers, and relieving officers.
Section 7 enacts that all licensed victuallers and persons licensed to deal in any exciseable liquors or to sell beer by retail, all gamekeepers, and all persons who have been attainted of any treason or felony, or convicted of any infamous crime, shall be disqualified from serving the office of constable under this Act.
Section 8 enacts that the overseers shall on the first three Sundays in March in each year fix on church doors, and also keep for inspection, copies of the list of persons qualified to serve as agreed on in vestry, the original list to be returned to justices within given time.
Section 9 fixes the penalty (51.) on overseers for neglecting returns, or making false returns.
By section 10 the overseers are required to attend the special session holden for appointment of constables in their parish, and verify list returned by them. Justices may strike out names of any one disqualified or unable to serve through infirmity of mind or body. The corrected list shall be allowed and signed by two or more justices.
Section 11 enacts that when any list shall have been allowed the justices shall choose from the allowed list the names of persons to act as constables within the parish for the year. A person who has once served the office is exempted from serving until every other person in the parish liable and qualified to serve shall have also served.
Sections 12 and 13, regarding "Oath,” “Substitutes,” &c., are repealed by section 3 of 35 & 36 Vict. c. 92.
Section 14 enacts that a list of constables appointed in the division be published, and parish lists be affixed to the church doors.
Section 15 enacts that the said constables 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 a constable beyond the parish for whieh they are severally appointed and sworn, without the special warrant of a justice of the peace.
Section 16 enacts that in case of vacancy of office the person who has last served, and shall not then be disqualified or exempt, shall be bound to act in his stead until another constable shall be appointed, which shall be done at the next petty session for the division after due notice given, the procedure to be in all respects as in the original appointment.
Section 17 reads :- And be it enacted, “That 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 such 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 wbich such fee bas become payable out of any moneys 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 (a).
Sections 18, 19, and 20 relate to appointment of parish constables, salary, &c.
Section 21 enacts that in future constables shall not be appointed at any court leet or torn, or otherwise than under this Act, or Act passed for amendment thereof; but nothing herein contained shall be taken to prevent the appointment of special constables, or to apply to the city of London or the metropolitan police district, or to any borough which is within the provisions of 5 & 6 Will. 4, c. 76, for which 45 & 46 Vict. c. 50, is now substituted, or to any parish, town, or place in which rates are or shall be levied for the payment of constables, under 3 & 4 Will. 4, c. 90, or of any local Act specially applying to such parish, town, or place, and that nothing herein before contained shall be taken to apply to the county palatine of Chester.
Section 22 empowers justices to order that lock-up houses for the temporary confinement of persons taken into custody by any constable, and not yet committed for trial, or in execution of any sentence, be provided, and for that purpose to purchase and hold lands and tenements; or, instead of providing new lock-up houses, to order that the lock-up houses, strong rooms, or cages belonging to any parish be appropriated for the purpose of this Act, the expenses, &c., to be defrayed out of the county rates. Proper notice, &c., to be given and the approval of the Secretary of State to be obtained.
Section 23 is repealed by 13 & 14 Vict. c. 20, s. 6, which empowers justices to appoint a superintending constable, and in cases where lockup houses are provided the justices shall appoint constables to take charge of the same.
Section 24 provides for the recovery of penalties by distress, &c.
Section 25 states that 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.
Section 26 defines terms “County,” “Parish," "Overseer.”
(a) This section is amended by 13 & 14 Vict. c. 20.
7 & 8 Vict. c. 52, extends the provisions of 5 & 6 Vict. c. 109, to liberties having a separate commission of the peace, and not being an incorporated borough; and section 4 exempts from operation of Act parishes lying partly within and partly without certain boroughs referred to in 5 & 6 Vict. c. 109.
13 & 14 VICT. C. 20.-This Act amends 5 & 6 Vict. c. 109 :
“Whereas it is by 5 & 6 Vict. c. 109, s. 17, enacted that certain fees and allowances to be settled by justices in general or quarter sessions assembled, shall be paid to constables for the service of summonses and execution of warrants; “(a.) Be it enacted, that the said fees and allowances so settled by
the justices in general or quarter sessions, and approved by a Secretary of State, as in the said recited Act is required, shall in like manner be paid to the said constables for the execution of any order of a justice made in writing, or for the performance of any occasional duties, the same being sanctioned and
allowed by justices in petty sessions assembled ; " (6.) And whereas it is by the said recited Act enacted, that due
notice shall be given to justices to hold special sessions for the
appointment of parochial constables," but it is not stated by whom such notice shall be given
“ Be it enacted, that such notice shall be given by the clerk or clerks to the said justices.”
THE PARISH CONSTABLES ACT, 1872.
(35 & 36 Vict. c. 92.) An Act to render the general Appointment of Parish Constables
Sections 1 and 2. Parish constables are not in future to be appointed except in case where the quarter sessions deem it necessary for the preservation of the peace or the proper discharge of duty in any parish, in which case the appointment is to be made according to the provisions of the law for the appointment of parish constables.
Section 3. When the justices at the sessions held for this purpose shall have chosen the constable or constables for any parish they shall make out a warrant of appointment and cause it to be served upon each person so chosen, who shall be bound to act as a constable from the time when he shall be served with such warrant, unless he shall submit another person to the justices to be appointed as his substitute, and the justices shall make the appointment of the person so substituted for the time, and subject to the provisions contained in 5 & 6 Vict. c. 109, and the lists provided for by section fourteen shall be sent within fourteen days from the appointment of the constables so made by the justices at the said sessions.
Under section 4 the vestry of any parish not included wholly or in part within a borough, after due notice, may at any time resolve that one or more parish constables shall be appointed for their parish, and in
such resolution may fix the amount of salary to be paid to him or them, which salary shall be paid out of the poor rate of the said parish. A copy of the resolution is to be delivered by the overseers to the justices, who may appoint by warrant some fit and competent person to serve the office of constable. The section provides for discontinuance of office, renewal of same, increase of salary, &c.
Under section 5, two or more parishes may be united for the appointment.
By section 6, every paid constable appointed for any parish previous to the passing of this Act may continue to hold his office in like manner as if this Act had not been passed.
By section 7, every constable appointed under this Act shall be subject to the authority of the chief constable of the county, riding, or division in which the parish for which such constable may be appointed to act shall be situated, and all duties, powers, protections, immunities, liabilities, and incidents heretofore imposed upon or belonging to the office of a parish constable shall be imposed upon and belong to the constable to be so appointed, and to the police constable who shall be called upon to act in any matter appertaining to that office by any competent authority; and all fees, charges, and allowances which would have been paid or granted by or under any statute or other legal provision to a parish constable, shall be paid or granted to the constable appointed under this Act or to such police constable, to be by them respectively applied in aid of the poor rate of the parish for which such constable shall have been appointed, or in the case of the police constable according to the rules prescribed for the regulation of the police force ia such matter.
Under section 8, charges are not to be made by constables for parish business.
Under section 9, fees according to scale may be allowed to constables in cases where costs are awarded against the defendant. Such fees shall be paid over by constable to overseer, to be applied in aid of poor rate.
Section 10 enacts that every constable appointed under the authority of this Act shall have full power to execute any summons or warrant within any part of the county for which the justice issuing the same shall bave jurisdiction, but shall not be compelled to serve any summons or to execute any warrant out of the parish or parishes for which he shall be appointed to act.
By section 11, the fees and allowances to constables settled by the justices shall continue in force until altered.
Under section 12, fees or allowances claimed by any constable for services rendered to an overseer, surveyor, or other parish officer may be paid to him by such overseer, surveyor, &c., without any order of justices. If payment be refused, the constable may apply to the justices in petty sessions for an order upon such overseer or officer, and the justices, after summoning such officer, may make an order upon him for the payment of such fee or allowance, the order to be enforceable as directed by the Summary Jurisdiction Act, 1848; and if any overseer, surveyor, or other officer pay money in obedience to such order, the pıyment, if made in obedience to order, is not to be disallowed by auditor, &c.
Section 13 repeals 13 & 14 Car. 2, c. 12, ss. 15, 16, 17, and 18; 18 Geo. 3, c. 19, s. 4; and part of 2 Will. & Mary, c. 5, regarding distress for rent, oath to appraiser, &c.
Section 14 enacts that nothing herein contained shall apply to special constables appointed under the statutes relating thereto, nor to any officer appointed at a court leet or torn for any purpose other than the preservation of the peace in any parish.
The section defines the terms “county," "parish,” “constable,” “vestry,” and “overseers” (a).
7 & 8 Vict. c. 33, intituled an Act for facilitating the collection of county rates and for relieving High Constables from attendance at quarter sessions in certain cases and for certain other duties, after reciting that the constitution of boards of guardians and the appointment of county treasurers affords great facility for the collection of county rates, police rates, &c., and it is expedient to relieve high constables from the duties of collecting and paying to the county treasurer the said rates and from attendance at quarter sessions, and certain other duties, enacts
Section 1. That justices of the peace shall send precepts directly to guardians of unions for the payment of police rates.
The guardians are required to pay such rates, and the county treasurer is to receive the same.
Sections 2 to 7 relate to collection, &c., of rates.
Section 8 provides for the appointment at special sessions of high constables, formerly appointed at quarter sessions.
Section 9. Interpretation clause.
THE HIGH CONSTABLES ACT, 1869.
(32 & 33 Vict. c. 47.)
An Act to provide for the Discharge of the Duties heretofore performed
by High Constables, and for the abolition of such office, with
certain exceptions. Section 1 of Act defines the words “ High Constable,” which includes any constable of any hundred or other like district, &c.
The word “county” is also defined.
Section 2 requires that at the January quarter sessions after the passing of this Act, the justices for every county should consider and determine whether it was necessary that the office of High Constable should be continued.
(a) “ Parish,” amongst ordinary meanings, shall include a place for which a separate poor rate and separate overseer can be made or appointed. “Constable” shall include every petty constable, head. borough, borsholder, tithingman, or other peace officer of like description authorized or required to be appointed for any parish at the date of this Act.