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INSUFFICIENCY OF SUPERANNUATION FUND.--Section 12 enacts that, if at any time the superannuation fund to be created under this Act for any borough be found insufficient to pay the allowances granted upon it, the amount in which the fund shall from time to time be found insuffi. cient shall be made good from the borough fund, or where such fund be inadequate then from the borough rates.
SUPERANNUATION FUND TO VEST IN BOROUGH TREASURER.-Section 13 enacts that the superannuation fund created under this Act in any borough shall vest in the treasurer of the borough, and such treasurer shall keep a separate account of all sums of money by him received and paid in respect of such superannuation fund or for superannuations, and of the several matters for which such sums have been received and paid, and all provisions concerning the keeping, auditing, and publishing, and otherwise in relation to the accounts kept by such treasurer, under 5 & 6 Will. 4, c. 76 (repealed by 45 & 46 Vict. c. 50), shall be applied to the accounts kept under this enactment.
Section 14 is repealed by the Statute Law Revision Act, 1875.
PAYMENT OF ALLOWANCES HERETOFORE GRANTED; RIGHTS, &o., UNDER REPEALED ACT RESERVED.--Section 15 (a) enacts that, allow. ances heretofore granted to constables, or which might have been granted to constables appointed previous to the passing of this Act, under 11 & 12 Vict. c. 14, now repealed, shall be paid from the superannuation fund to be applicable under this Act; and all constables now appointed in any borough in which the provisions of the said last-mentioned Act are now in force shall be entitled to receive from the superannuation fund all such allowances, payable at such times, and with and under the same rights and conditions, as they would have been entitled to if this Act had not passed.
PAST SERVICES OF CONSTABLES, HOW RECKONED.-Section 16 enacts that the periods of service during which constables have been subjected to deductions from their pay towards a superannuation fund under 11 & 12 Vict. c. 14 (now repealed), shall, in determining what superannuation allowances may be granted to them, be reckoned and allowed to such constables, and in the case of constables permanently appointed in any borough for which no superannuation fund has been provided, and from whose pay no such deduction has been paid, one half only of the respective periods of service of such constables before the passing of this Act shall be reckoned or allowed to such constables in deter. mining what superannuation allowances may be granted under this Act.
PROVISION FOR THE CASE OF CONSOLIDATION OF COUNTY AND BOROUGH POLICE.-Section 17 enacts that, on the consolidation of the police of any borough with the police of any county (3 & 4 Vict. c. 88), the superannuation allowance previously granted to any borough con
(a) See also proviso, section 5, 28 Vict. c. 35.
stable shall be charged on the borough fund or the borough rates of the borough, and the superannuation allowance to be thereafter granted to any borough constable transferred under such consolidation shall be charged upon the superannuation fund of the county; and in determining the amount of any such allowance the period of service of any such constable in the borough shall be reckoned as if the same had been in the county police; and this charge, and the disposal of the borough superannuation fund, shall form a part of the agreement to be entered into on the consolidation.
JUSTICES MAY DIRECT POLICE TO KEEP ORDER IN COURT OF ASSIZE.—Section 18 enacts that it shall be lawful for the justices of the peace of any county, in general or quarter sessions assembled, if they shall think fit, to direct that a sufficient number of police constables of the said county shall be employed to keep order in and within the precincts of the court of assize, and the chief constable of the county shall thereupon employ a sufficient number of such constables for such purpose, and in that case it shall not be necessary for the high sheriff to provide and maintain any javelin men, or other men servants with liveries, at the assizes, notwithstanding anything contained in the Act 13 & 14 Car. 2, c. 21.
Past SERVICE MAY BE COUNTED ON PROMOTION FROM ONE FORCE TO ANOTHER.-Section 19 enacts that, in order to provide the most meritorious and fit men to fill the superior ranks in the police, any constable or officer promoted from one force to another, either of a county or a borough, who shall have served in his last force for a period of seven years, shall, for the purposes of superannuation, reckon as service in the force to which he is promoted one half of the period of his previous service, provided that the promotion be made, in the case of a county constable, on the recommendation of the chief constable, with the sanction of the court of quarter sessions, and in the case of a borough constable on the recommendation of the head constable of the borough, with the sanction of the council, and that in both cases the service be formally certified at the time of promotion.
GRATUITIES TO CONSTABLES' WIDows.-By section 20, the court of general or quarter sessions for any county, and the watch committee, subject to the approbation of the council for any borough, may, upon the recommendation of the chief or head constable, grant a gratuity out of the superannuation fund of their county or borough to the widow of any constable who has died in the service, provided the sum so granted do not exceed the amount of one year's pay of such constable, and that he have contributed to the superannuation fund for a period of not less than three years.
SUPERANNUATION FUND.—By section 21, none of the provisions of this Act relating to a police superannuation fund, or contributions thereto or payments thereout, shall apply to any county, city, or borough in which a police superannuation fund has at the time of the passing of this Act been established under the provisions of any local Act now in force.
Section 22 (a) enacts that, after the passing of this Act the superannuation fund for the whole county of Lincoln (hitherto separate) shall be one common fund, unless the force be separated under different chief constables.
Section 23 provides for the transference to the Brighton police superannuation fund of a fund existing at the time at Brighton for the superannuation of watchmen.
GRATUITIES AS REWARDS FOR GOOD SERVICE.—By section 24, the court of general or quarter sessions for any county, and the watch committee, subject to the approbation of the council for any borough, may, upon the recommendation of the chief constable of any county police force, or of the superintendent of the police for the said borough, grant to any constable in the said county or borough, out of the police rate or borough fund, a gratuity in money not exceeding three pounds in respect of and as a reward for any meritorious act done by the said constable in the execution of his duty.
Section 25, relating to embezzlement by constables, is repealed by 24 & 25 Vict. c. 95, s. 1.
CHIEF CONSTABLE EMPOWERED TO SUSPEND CONSTABLES.—By section 26, the chief constable of any county police force, and the watch committee of any city, borough, district, or place, is and are hereby empowered to suspend any constable, within their respective jurisdiction, whom he or they shall think remiss or negligent in the discharge of his duty, or otherwise unfit for the same; and the said chief constable or watch committee is and are hereby also empowered, at his or their discretion, to fine any such constable in a sum of money not exceeding one week's pay, and to reduce the said constable from a superior to an inferior rank, such fine and reduction in rank to be in addition to any other punishment to which the said constable may be liable.
HALF PAY OF INSPECTORS UNDER 19 & 20 VICT. C. 69.-Section 27 enacts that the office or employment of inspector under the Act 19 & 20 Vict. c. 69, shall not prevent the holder thereof from receiving any half pay to which if he did not hold such office or employment he might be or become entitled.
Section 28 repeals sections 16–18 of 3 & 4 Vict. c. 88, as to local constables.
20 Vict. c. 2, is an Act to facilitate the appointment of chief constables for adjoining counties, and to confirm appointments of chief constable in certain cases.
After reciting part of section 4 of 2 & 3 Vict. c. 93, regarding appointment of the same chief constable for two or more adjoining counties (see note (d), p. 23), section 2 of this Act empowers justices to appoint a person to be chief constable, although he may hold a similar appointment in an adjoining county.
(a) See also sections 6–8, 28 Vict. c. 35.
Section 4 enacts that 2 & 3 Vict. c. 93, 3 & 4 Vict. c. 88, and 19 & 20 Vict. c. 69, and this Act (20 Vict. c. 2), are to be construed together as one Act. The other sections of the Act (20 Vict. c. 2) are repealed.
21 & 22 Vict. c. 68, is an Act to amend the law concerning detached parts of counties.
This Act, which consists of four sections only, provides for the transfer of detached parts of counties for the purposes of the constabulary, and certain provisions as to the care of prisoners committed from such detached portions. See also 2 & 3 Vict. c. 93, s. 27; 3 & 4 Vict. c. 88, s. 2; 7 & 8 Vict. c. 61.
7 & 8 VICT. C. 61, is an Act to annex detached parts of counties to the counties in which they are situated.
This Act relates to the jurisdiction of justices, &c. Section 1 enacts that “every part of any county in England or Wales which is detached from the main body of such county shall be considered for all purposes as forming part of that county of which it is considered a part for the purpose of the election of members to serve in Parliament as knights of the shire under the provisions of 2 & 3 Will. 4,
11 & 12 VICT. C. 101, is an Act to provide for the expenses of erecting and maintaining lock-up houses on the borders of counties.
Justices are empowered to enter into agreements for providing lockup houses for two or more counties, which shall be maintained at their joint expense. Agreements may also be made between county and borough justices.
38 & 39 VICT. C. 48, cited as the Police (Expenses) Act, 1875, con. tains three sections only.
Section 2 enacts that “so much of any Act (6) as limits the amount authorized to be contributed by the Commissioners of Her Majesty's Treasury out of moneys provided by Parliament towards the expenses of any police force in Great Britain to a particular amount, or a particular proportion of any annual sum or charge specified in such Act shall, during the continuance of this Act, be repealed.”
The above-mentioned Act would have ceased to be of force on September 1, 1876, but is continued by the Expiring Laws Continuance Act.
(6) See 19 & 20 Vict. c. 69; 20 & 21 Vict. c. 72; 31 & 32 Vict. c. 67.
The Act 28 Vict. c. 35, amends the law relating to police superannuation in counties and boroughs, and authorizes the granting of an annual allowance for a limited time. An epitome of the Act is here given :
The Police Acts of 1840, 1856, 1859, contain provisions regarding establishment of superannuation funds, apportionment of pensions, gratuities, &c., and provide that any deficiency in the fund is to be made up out of the police rate (19 & 20 Vict. c. 69, s. 11). 22 & 23 Vict. c. 32, treats principally of superannuation. See sections 8 to 24. Under 19 & 20 Vict. c. 69, s. 13, a superannuation allowance granted to a chief constable of a county is to be paid out of the police rate. (See Police Acts, ante.)
SUPERANNUATION FUND.—This fund is formed by a deduction of 2 per cent. on the pay of the officers and men (2 & 3 Vict. c. 93). Fines inflicted on the force by the chief constable, stoppages during sickness, and moneys arising from the sale of old clothing are also credited to this fund. It is further increased by moieties of certain fines and penalties accruing from police and other prosecutions (a). The security of the fund is guaranteed, and any deficiency would have to be made good out of the police rate.
PENSIONS.—The Superannuation Acts further provide for the proper investment of the fund, and place the disposal of it in the hands of the justices in quarter sessions assembled, who can, upon the recommen. dation of the chief constable, grant to any constable who has served with diligence and fidelity for fifteen years, an annual pension equal to one-half of his pay, and after twenty years' service, an annual pension equal to two-thirds of his pay, provided that if he be under sixty years of age, he be certified by the chief constable as incapable from infirmity of mind or body for the duties of his office. Where a constable is disabled from a wound or injury received in the actual execution of his
(a) As a moiety of the fines, in all cases in which the police are prosecutors or informers, is awarded to the superannuation fund, by 3 & 4 Vict. 83, s. 10, the officers of the force should apply for them to be credited to the fund upon each occasion of a conviction.