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superannuation allowance as they think fit; and such superannuation allowance shall be paid out of the police rate of the county, and shall, in the case of a county wbich is divided into police districts, be deemed part of the general expenditure, and be defrayed accordingly: Provided always, that no such allowance shall be granted to any chief constable under sixty years of age, unless the said justices be satisfied that he is incapable from infirmity of mind or body to discharge the duties of his office; and section 11 of 3 & 4 Vict. c. 88, as to the proportionate amount of the superannuation allowance of any petty constable, shall apply to the superannuation allowance to be granted to any chief constable.
ANNUAL STATEMENT AS TO CRIME.—By section 14, the justices of every county and the watch committee of every borough shall, in the month of October in every year, transmit to one of Her Majesty's principal Secretaries of State a statement, in such form as one of the said Secretaries of State may from time to time direct, for the year ending the twenty-ninth day of September then last, of the number of offences reported to the police within such county or borough respectively, the number of persons apprehended by the police, the nature of the charges against them, the result of the proceedings taken thereupon, and any other particulars relating to the state of crime within such county or borough which such justices or watch committee may think it material to furnish, and a classified abstract of all such reports and returns shall be annually prepared and laid before Parliament.
POWER TO HER MAJESTY TO APPOINT INSPECTORS.-By section 15, it shall be lawful for Her Majesty, by warrant under Her royal sign manual, to appoint during Her Majesty's pleasure three persons as inspectors under this Act, to visit and inquire into the state and the efficiency of the police appointed for every county and borough, and whether the provisions of the Acts under which such police are appointed are duly observed and carried into effect, and also into the state of the police stations, charge rooms, cells, or lock-ups, or other premises occupied for the use of such police; and each of the inspectors so appointed shall report generally upon such matters to one of Her Majesty's principal Secretaries of State, who shall cause such reports to be laid before Par. liament; and such inspectors shall be paid, out of such money as may be provided by Parliament for the purpose, such salaries and allowances as shall be determined by the Commissioners of Her Majesty's Treasury.
ON CERTIFICATE OF SECRETARY OF STATE, ONE-FOURTH THE CHARGE FOR PAY AND CLOTHING TO BE PAID BY TREASURY.—By section 16, upon the certificate of one of Her Majesty's principal Secretaries of State that the police of any county or borough has been maintained in a state of efficiency in point of numbers and discipline for the year ending on the twenty-ninth of September then last past, it shall be lawful for the Commissioners of Her Majesty's Treasury to pay from time to time, out of the moneys provided by Parliament for the purpose, such sum towards the expenses of such police for the year mentioned in such certificate as shall not exceed one-fourth (a) of the charge for their pay and clothing, but such payment shall not extend to any additional constables appointed under section 19 of 3 & 4 Vict. c. 88; provided that before any such certificate shall be finally with held in respect of the police of any county or borough, the report of the inspector relating to the police of such county or borough shall be sent to the justices of such county, or to the watch committee of such borough, who may address any statement relating thereto to the Secretary of State; and in every case in which such certificate is withheld, a statement of the grounds on which the Secretary of State has withheld such certificate, together with any such statement of the justices or watch committee as aforesaid, shall be laid before Parliament.
BOROUGHS WHERE POPULATION DOES NOT EXCEED 5,000, &c.—By section 17, no such sum as aforesaid shall be paid towards the pay and clothing of the police of any borough, not being consolidated with the police of a county under 3 & 4 Vict. c. 88, or this Act, the population of which borough according to the last parliamentary enumeration for the time being does not exceed five thousand.
WATCHMEN, &c.-Section 18 provides for the defrayment of expenses of watchmen and local constables until discontinued.
Section 19 requires that the sanction of the Secretary of State be obtained before such watchmen or constables be discontinued in places where population is 15,000.
Section 20 enacts that no agreement made under 3 & 4 Vict. c. 88, s. 14, shall be put an end to without the sanction of the Secretary of State.
Section 21 repeals section 24 of 3 & 4 Vict. c. 88.
PURCHASE OF STATION Horses, &c.- Sections 22 and 23 empower justices to purchase station houses or strong rooms provided under 3 & 4 Vict. c. 88, and cause the same to be paid for out of the county rates.
STATION HOUSES.-Section 23 incorporates with this Act the provisions of 8 & 9 Vict. c. 18 (Lands Clauses Consolidation Act, 1845), for the purpose of purchases of station houses, &c., by justices.
UNNECESSARY STATION HOUSES.—By section 24, the provisions of 7 Geo. 4, c. 18, as to disposal of unnecessary station houses, &c., are extended to this Act.
POLICE IN COUNTY OF CHESTER.--Sections 25 and 26 relate to the discontinuance of the police force in the county of Chester, hitherto maintained and regulated under the Cheshire Constabulary Act, 1852, and provision is made for the said county being taken charge of by the chief constable or chief constables to be appointed.
(a) All limit on amount of contributions by Treasury is removed by 38 & 39 Vict. c. 48.
Sections 27, 28, and 29 relate to the disposal of the superannuation fund formed under the Cheshire Constabulary Act, 1852.
INTERPRETATION CLAUSE, SOKE OF PETERBOROUGH, &c.—By section 30, the word “county" shall in this Act have the same meaning as is assigned to such word in 3 & 4 Vict. c. 88, except as to the soke or liberty of Peterborough, in the county of Northampton, which for all purposes of this and certain other Acts shall be deemed and taken to be a county of itself; the provisions of the said Acts to apply and operate therein ; and the word “borough” shall mean any city, borough, or place incorporated under the provisions of the Act 5 & 6 Will. 4 (for which 45 & 46 Vict. c. 50, is now sabstituted), or which has otherwise become subject to the provisions of the same Act.
Every part of the cinque ports, the towns of Winchelsea and Rye, their members and liberties (save as excepted by Municipal Corporations Acts), are deemed to form part of the county in which situated, and dealt with as a liberty (section 30).
Section 31 enacts that 2 & 3 Vict. c. 93, and 3 & 4 Vict. c. 88, and this Act, are to be construed as one Act.
By section 32, the Act is not to extend to any part of the metropolitan police district or to the city of London.
THE POLICE ACT, 1859.
(22 & 23 Vict. c. 32.) An Act to amend the Law concerning the Police in Counties and
Boroughs in England and Wales.
Section 1 empowers justices to consolidate or merge police districts formed under 3 & 4 Vict. c. 88, and 19 & 20 Vict. c. 69.
COUNTY CONSTABLES NOT TO BE REQUIRED TO ACT IN ANY BOROUGH. -By section 2, no county constable shall, as such constable, be required to act in any borough having a separate police establishment, except in execution of warrants of justices of such county, or by the order of his chief constable or superintendent; and in all cases of special emergency the chief constable or superintendent, when required so to do by the watch committee of any borough having a separate police establishment, shall have power to direct the county constables to act within such borough; and no constable of any borough having a separate police establishment shall as such constable be required to act out of his borough, except in execution of warrants of justices of such borough, or in pursuance of directions from the watch committee in case of special emergency.
VOTING AT MUNICIPAL ELECTIONS.-By section 3, no chief or other constable appointed under 2 & 3 Vict. c. 93, 3 & 4 Vict. c. 88, or 19 & 20 Vict. c. 69, shall during the time he continues to be such constable be capable of giving his vote for the election of any person to any muni. cipal office in any borough within such county, or in any other borough in which such constable has authority, nor shall any such constable, by word, message, writing, or in other manner, endeavour to persuade any elector to give, or dissuade any elector from giving, his vote for the choice of any person to hold any municipal office in such borough; offenders to forfeit the sum of 101., recoverable by any person suing for same within six months of offence.
RESIGNING WITHOUT PROPER Notice.-Section 4 repeals part of section 13 of 2 & 3 Vict. c. 93, but provides that in case any constable under 2 & 3 Vict. c. 93, 3 & 4 Vict. c. 88, and 19 & 20 Vict. c. 69, or any of them, shall resign or withdraw himself from his duty withont such leave or notice as is required by the said section, such resignation or withdrawal shall be notified in writing, by the chief constable or by the superintendent under whom the offending constable may have been placed, to the treasurer of the county or the paymaster of the constabulary force, and all arrears of pay then due to such constable so resigning or withdrawing shall, without further proceeding in respect of his offence, be forfeited; and upon summary conviction of such offence before any two justices of the peace for the county such constable shall be liable to a penalty not exceeding five pounds.
Sections 5 and 6 are repealed by 45 & 46 Vict. c. 50 (Municipal Corporations Act, 1882).
REPEAL OF 11 & 12 Vict. c. 14.-Section 7 repeals 11 & 12 Vict. c. 14 (Superannuation-Boroughs), but any superannuation fund created or applied under that Act shall be transferred to and form part of the superannuation fund to be created or applied under this Act.
SUPERANNUATION FUND TO BE PROVIDED FOR CONSTABLES.—By section 8, there shall be deducted from the pay of every constable belonging to the police force established in any borough under 5 & 6 Will. 4, c. 76 (for which 45 & 46 Vict. c. 50, is now substituted), a sum after such. yearly rate as the council of the borough may direct, not exceeding the rate of two pounds ten shillings in a hundred pounds for a year, 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 sucb justice to be paid for the benefit of this fund, and all moneys arising from the sale of worn or cast clothing supplied for the use of the said constables, shall from time to time be invested in such manner as the council may 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 watch committee, as hereinafter provided; and the council shall guarantee
the security of the superannuation fund of their borough, and make good out of the borough fund or the borough rates any deficiency which may arise in such superannuation fund from the default of any treasurer or other person intrusted with the custody or management thereof.
ALLOWANCES FROM THE SAID FUND.-Section 9 (a) enacts that it shall be lawful for the watch committee of any borough, with the approbation of the council, to order that any of the said constables who may be worn out or otherwise disabled from infirmity of mind or body be superannuated, and receive thereupon, out of the superannuation fund, a yearly allowance, subject to the following conditions, and not exceeding the following proportions; (that is to say,) if the constable has served with diligence and fidelity for fisteen 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 be under sixty years of age it shall not be lawful to grant any such allowance unless upon the certificate of the chief or head constable that the constable to be superannuated is incapable from infirmity of mind or body to discharge the duties of his office; provided also, that if any constable 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 his being dismissed without superannuation allowance.
GRATUITIES ON FIFTEEN YEARS' SERVICE.—Section 10 (a) enacts that it shall be lawful for the watch committee of any borough, if they think fit, with the approbation of the council, and upon the recommendation of the chief or head constable, and upon his certifying that any constable belonging to the police force of the borough who has not served so long as fifteen years is incapable from infirmity of mind or body to discharge the duties of his office, to order that such constable shall receive out of the superanuuation fund such sum in gross as a gratuity upon his retirement as to the said watch committee may seem proper.
FEES PAYABLE TO SUPERANNUATION FUND.-By section 11, any fee payable to any constable appointed for any borough, for the performance of any act done in the execution of his duty as such constable, shall be received in such manner as the watch committee, subject to the approbation of the council, may direct, and shall be paid over to the superannuation fund.
(a) Sections 9 and 10 are amended by section 3 of 28 Vict. c. 35, which admits of allowances, &c., being granted for a limited time. See also section 4 of same Act regarding retiring allowances, &c., of head constables in boroughs.