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themselves in any office or employment for hire or gain other than in the execution of their duties under this Act, and are exempt from serving upon any juries or inquests whatsoever, or in the militia.
HALF PAY.-Section 11 provides that no employment under this Act sball prevent constables from receiving any half pay to which they may be entitled.
PENALTY FOR NEGLECT OF DUTY.-Section 12 enacts that any constable appointed under this Act who shall be guilty of any neglect or violation of duty shall, on conviction before two jastices, be liable to a penalty of 101., which may be deducted from any salary then due to the offender, or he may be imprisoned for one calendar month.
Section 13. This section is repealed by section 4 of 22 & 23 Vict. C. 32 (Resignation of Constable).
ACCOUTREMENTS, &c., DELIVERY OF.-Section 14 enacts that every constable who shall be dismissed from or shall cease to hold office, and who shall not forthwith deliver over all the clothing, accoutrements, appointments, and other necessaries which may have been supplied to him for the execution of his duty to the chief constable or superintendent, or to such person and at such time and place as shall be directed by the said chief constable or superintendent, shall be liable, on conviction, before two justices, to imprisonment for one month, and any justice may issue his warrant to search for and seize such clothing, accoutrements, &c., wherever found.
UNLAWFUL POSSESSION OF ACCOUTREMENTS, AND ASSUMING DRESS OF CONSTABLES.—Section 15 enacts that every person, not being a constable appointed under this Act, who shall be in unlawful possession of clothing, accoutrements, or appointments supplied to any such constable, or who shall put on the dress, or take the name, designation, or character of any person appointed as such constable, for the purpose of thereby obtaining admission into any house or other place, or of doing or procuring to be done any act which such person would not be entitled to do or procure to be done of his own authority, or for any other unlawful purpose, shall (in addition to any other punishment to which he may be liable) be liable, on conviction before two justices, to a penalty of iol.
PUBLICANS HARBOURING CONSTABLES.-Section 16 enacts that a penalty not exceeding 51. is imposed upon any publican, beerhouse keeper, &c., who shall knowingly harbour or entertain any constable during any part of the time appointed for his being on duty.
ATTENDANCE AT QUARTER SESSIONS.—Section 17 enacts that every chief constable, unless prevented by sufficient cause, shall attend every general and quarter session of the justices of the county, and at every adjournment thereof, and shall make quarterly reports to the justices of all matters which they shall require of him concerning the police of the county, and shall obey all lawful orders and warrants of the said justices in the execution of his duty; and the superintendents of divisions shall in like manner attend every session of the justices holden for their respective divisions, and shall make the like reports to the justices of such divisions.
ALLOWANCES FOR NECESSARY EXPENSES, &c.—Section 18 provides that in addition to the salary to be paid to the chief constable of the county, 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 or their duty under this Act; which allowances shall be examined and audited by the justices at their quarter sessions.
Section 19, regarding appointment of constables for separate divisions, is now obsolete.
Section 20 regarding payment of salaries, allowances, and expenses of the police out of county rate, but provision is now made by section 3 of 3 & 4 Vict. c. 88, for the making of a special police rate.
Sections 21, 22, and 23 apply to rates, keeping of accounts by county treasurer, &c.
EXEMPTION OF BOROUGH Towns, &c.—Section 24 provides that nothing in this Act contained shall extend to authorize the justices of the peace of any county to appoint any constable within any borough incorporated under the provisions of 5 & 6 Will. 4, c. 76 (Municipal Corporations Act), or under the provisions of any charter granted in pursuance of that Act; nor shall such boroughs having a separate court of quarter sessions, be liable to contribute to the expenses of this Act.
Section 25 provides for the discontinuance of constables under local and other Acts where this Act is in operation. A proviso enacts that nothing contained in the section shall prevent or invalidate the appointment of parochial constables.
By section 26 places with a population of more than 10,000 were not to be affected by this Act (2 & 3 Vict. c. 93) for two years from passing of Act.
CERTAIN LIBERTIES, &C., CONSIDERED AS FORMING PARTS OF COUNTIES FOR PURPOSES OF THIS ACT.—Section 27 enacts that for the purposes of this Act all detached parts of counties, and also all liberties and franchises (other than such incorporated boroughs as aforesaid), shall be considered as forming part of that county by which they are surrounded, or if partly surrounded by two or more counties then as forming part of that county with which they have the largest common boundary. The section contains similar provisions regarding so much of every such detached part of any county, &c., as is not of itself an entire hundred, wapentake, ward, rape, lathe, &c.
MEANING OF “COUNTY.”—Section 28 enacts that in construing this Act the word “county" shall be construed to mean county, riding, or division having a separate court of quarter sessions of the peace, or in which separate county rates are made; and that all things hereinbefore authorized to be done at quarter sessions may be done by the justices in general sessions assembled in those counties in which county rates are made in general sessions; and that nothing herein contained shall extend to any part of the metropolitan police district.
THE POLICE ACT, 1840.
(3 & 4 Vict. c. 88.) An Act to amend the Act for the Establishment of County and District
Constables. Whereas an Act (2 & 3 Vict. c. 93) was passed in session of Parliament, intituled “ An Act for the Establishment of County and District Constables by the authority of Justices of the Peace; and it is expedient to make additional provisions for facilitating the execution thereof, and otherwise to amend the same: Be it enacted
EXEMPTION FROM TOLL.—That no toll shall be demanded or taken on any turnpike road or bridge for any horse or police van, carriage, or cart, passing along such road or bridge, in the service of the police established under the provisions of the said Act; provided that the constable in charge of such horse, van, carriage, or cart, if not the chief constable, shall produce an order in writing under the hand of the chief constable, or shall have his dress according to the regulations of the police force at the time of claiming the exemption. Persons fraudulently claiming the exemption are liable to a penalty of 51. (section 1).
OUTLYING DISTRICTS.-Section 2 (a) recites part of section 27 of 2 & 3 Vict. c. 93, regarding detached parts of counties, and provides for the transference from one county to another of outlying districts.
POLICE RATE.-Section 3 repeals section 20 of 2 & 3 Vict. c. 93, and provides for the making of a police rate by the justices in general or quarter sessions assembled.
Section 4 defines how property rateable is to be valued.
Sections 6, 7, 8, and 9 contain further provisions regarding rates for police purposes (portions of section 8 are now repealed by the Statute Law Revision Act, (2), 1874).
SUPERANNUATION FUND.-Section 10 provides for the establishment of a superannuation fund, enacting, “That there shall be deducted from the pay of every constable belonging to the police force established in any county under the first-recited Act a sum after such yearly rate as the justices of the county in general or quarter sessions assembled shall direct, not being a greater sum than two pounds ten shillings in a hundred pounds, which sum so deducted, and also the moneys accruing from stoppages from any of the said constables during sickness, and fines imposed on any of the said constables for misconduct, and from any portion of the fines imposed by any justice of the peace upon drunken persons, or for assaults upon police constables, and from moieties of fines and penalties awarded to informers (being police constables) on summary convictions, as shall be directed by such justice to be paid for
(a) See also 7 & 8 Vict. c. 61, and 21 & 22 Vict. c. 68, p, 42.
the benefit of this fund, and all moneys arising from the sale of worn or cast clothing supplied for the use of the constables in any county, shall from time to time be invested in such manner as the justices in general or quarter session assembled shall direct; and the interest and dividends thereof, or so much of the same as shall not be required for the purposes hereinafter mentioned, shall be likewise invested in the like manner, and accumulate so as to form a superannuation fund, and shall be applied from time to time for payment of such superannuation or retiring allowances or gratuities as may be ordered by the justices in general or quarter session assembled, upon the recommendation of the chief constable, at any time, to any of the said constables, as hereinafter provided ; and the justices shall guarantee the security of the superannuation fund of their county, and make good out of the county stock any deficiency which may arise in such fund from the default of any treasurer cr other person, intrusted with the custody or management thereof.
RATES OF ALLOWANCE FROM SUPERANNUATION FUND. — Section 11 (a).-It shall be lawful for the justices, upon such recommendation, if they shall think fit, to order that any of the said constables may be superannuated, and receive thereupon out of the superannuation fund & yearly allowance, subject to the following conditions, and not exceeding the following proportions; (that is to say,) that if he shall have served with diligence and fidelity for fifteen years and less than twenty years, an annual sum not more than half his pay; if for twenty years or upwards, an annual sum not more than two-thirds of his pay; provided that if he shall be under sixty years of age it shall not be lawful to grant any such allowance unless upon the certificate of the chief constable that he is incapable, from infirmity of mind or body, to discharge the duties of his office; provided also that if any constable shall be disabled from any wound or injury received in the actual execution of the duty of his office it shall be lawful to grant him any allowance not more than the whole of his pay; but nothing herein contained shall be construed to entitle any constable absolutely to any superannuation allowance, or to prevent him being dismissed without superannuation allowance.
STATION HOUSES AND STRONG ROOMS.-Section 12.-It shall be lawful for the justices in general or quarter session assembled of any county in which or in any part of which constables shall be appointed under the first recited Act, if they think fit, to order that station houses and strong rooms, or either of them, for the temporary confinement of persons taken into custody by the constables, be provided in such places as the justices shall think fit, and upon such plan as shall be approved by one of Her Majesty's principal Secretaries of State, and for that purpose to purchase and hold lands and tenements or to appropriate to that purpose any lands or tenements belonging to the county which are not needed for the purpose to which they were applied or intended to be
(a) Section 11 is amended by section 3 of 28 Vict. c. 35, which admits of allowances being granted for a limited time.
applied before such appropriation; and the expense of building, hiring, or otherwise providing, repairing, and furnishing such station houses and strong rooms shall be defrayed out of the police rates.
MONEY MAY BE BORROWED ON CREDIT OF POLICE RATES.—Under section 13 justices are authorized to borrow money for the purpose of purchasing any such lands and tenements, or of building any such station houses and strong rooms on credit of the police rates, money borrowed for such purposes to be repaid by yearly instalments, not less than one twentieth part of the sum borrowed, with interest on the same, in any one year.
BOROUGHS MAY AGREE TO CONSOLIDATION OF THEIR POLICE WITH COUNTY POLICE.--Section 14.-It shall be lawful for the justices of any county in which constables shall have been appointed under the said Act, and for the council of any incorporated borough situated in or adjoining to such county, to 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 the county constables except as is herein otherwise provided. Particulars of the agreement to be entered into and the method of terminating same after six months' notice (6).
GOVERNMENT OF CONSOLIDATED POLICE.-Section 15.-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 shail 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 constables shall be appointed by the chief constable; and no borough constable who shall have been dismissed by the chief constable shall 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.
FEES.-Sections 16,17,18.—These sections, which contained provisions regarding local constables, are repealed by section 28 of 22 & 23 Vict.
(6) By section 20 of 19 & 20 Vict. c. 69, the sanction of the Secretary of State is required before the agreement can be terminated.