power of discharging a prisoner (except in a case of wrongful custody of an entirely innocent person, when further detention would be illegal), but having taken a suspected party into custody he must-except in certain cases where bail can be taken (a)-be conveyed before a magistrate as soon as possible, to be dealt with according to law.

If a rescue be apprehended, or if the party arrested be sick, the constable may keep him for the time in a house or other place of security.

SEARCHING, &c.-Officers in charge of stations should carefully examine each prisoner whom they receive before locking him up, and if they notice anything doubtful, obtain medical assistance. See title "Prisoners" (GENERAL SUBJECTS), post.

When prisoners are searched the search should, if possible, be made in the presence of a witness. Female prisoners should be searched by some respectable woman, and when practicable, in the presence of a second female.

"The right of searching persons in custody must depend on the circumstances of each particular case, and the mere fact of a person being drunk and disorderly will not justify a police officer searching his person, although the officer may have received general orders to search all persons in custody; but any person, whatever may be the nature of the charge, may so conduct himself by reason of violence of language or conduct that it may be prudent and right to search him, as well for his own protection as for those entrusted with the duty." ("Stone's Justices' Manual," 22nd ed. p. 178.)

Lord CAMPBELL held (in the case of Bessell v. Wilson, 20 L. T. 238) that it would be the duty of a magistrate to direct a search in case of a person arrested for felony, in order to ascertain if there were any instruments in his possession with which he might have been engaged in the violation of the law.

A list should be kept and proper entry made in official books of property found on prisoners, and a receipt should be taken for same when returned or when handed over to prison authorities.

HANDCUFFING, &c.—A constable should always be able to show "good special reasons" (b) for handcuffing unconvicted prisoners. Cases have occurred where actions have been maintained against the police for handcuffing persons in custody, arrested on suspicion, who were subsequently acquitted of the charge preferred against them. Where the prisoner is a man of notoriously bad character, or violent or dangerous, or where he threatens or assaults the constable or attempts to escape, or where the constable, having two or more prisoners in charge, is unable otherwise to secure their safety, or in cases where the offence is of a very serious nature, the constable would be justified in handcuffing a

(a) See 42 & 43 Vict. c. 49, ss. 38 and 42 (Summary Jurisdiction Act, 1879); "Epitome of Statutes," post; also title "Bail" (GENERAL SUBJECTS), post.

(b) See Wright v. Court, 4; Barnewall v. Cresswell, 596. In Norman v. Smith, Manchester Assizes, February, 1880, damages (157.) were recovered for handcuffing a prisoner in custody under a warrant for perjury.

prisoner. In the absence of such reasonable grounds, prisoners charged with drunkenness and such trivial crimes should not be handcuffed. Neither should females or old or infirm persons be handcuffed.

STAFF AND HANDCUFFS.-A constable, when on duty, should always carry with him his staff and handcuffs. Discretion is required in the use of both. A constable should not use his staff or truncheon except in cases where his life is in danger, or to prevent the escape of a felon, or in dispersing rioters. Where the truncheon is used blows should not be given on the head or face. A staff is a heavy weapon, and blows delivered with it on the shoulders and arms of an opponent will generally suffice to disable him.

BEAT AND PATROL DUTY.-The constable is responsible for the security of life and property within his beat, and the preservation of the peace, and general good order during the time he is on duty. He should make himself acquainted with all parts of his beat, with the streets, thoroughfares, courts, and houses. He should possess such a knowledge of the inhabitants of each house, as will enable him to recognise them. He should visit, so far as possible, all the lanes, courts, and alleys, and when going his rounds at night he should carefully examine all premises and see that the doors, windows, &c., are secure.

A constable should not loiter on his beat or walk about in a slovenly manner. He should not enter any house, except in the execution of his duty, nor should he engage in conversation with any one except on matters relating to duty. When answering any questions which may be put to him by strangers or others making inquiries, he should deport himself with the utmost civility and attention. Fires.-In case of a house taking fire, the policeman detecting it must immediately alarm the occupants, and, if unable otherwise to attract attention, he may break open the doors or windows so as to awake and save the lives of the inmates.

The duties of rural divisions cannot be performed efficiently without the establishment of a proper system of patrols and conferences. Patrols should not go out on stated nights or at particular hours, but at irregular periods, and should, when possible, meet near suspected houses and observe suspected persons. The duty to be performed efficiently should be performed silently.

DUTIES UNDER STATUTES.-The constabulary are required to enforce the provisions of various Acts of Parliament, viz., the Licensing Acts, the Poaching Prevention Act, the Pedlars Act, the Chimney-sweepers Act, the Act for the Prevention of Cruelty to Animals, the Dog Act, &c.

They have also certain duties to discharge under the Explosives Act, the Contagious Diseases (Animals) Act, the Army Act-regarding billetting of soldiers, deserters, &c.- the Public Health Act, the Gun License Act, the Highway Act, the Town Police Clauses Act, and other Acts of Parliament. The duties of the constabulary under these Acts, as well as their duties at inquests, fires, riots, elections, &c., are detailed under the various titles pertaining to those subjects given under head of GENERAL SUBJECTS, post.

See also titles "Vagrants," "Drunkenness,” "Nuisances," &c. (GENERAL SUBJECTS), post.

"Public-houses,"

As to duties of constabulary in affording assistance to sheriffs' officers, bailiffs &c., or to revising barristers, commissioners, &c., see title "Courts" (GENERAL SUBJECTS), post.

As to service of notices on "Reserve Forces," see title "Army Act."

NEGLECT OF DUTY.-ACTIONS AGAINST POLICE.-Constables render themselves liable to fine or imprisonment under the Police Acts and under special Acts under which they have powers, as the Vagrant Act, for neglect or violation of duty. They may either be proceeded against criminally, if they have used undue violence, as, for instance, in carrying out an arrest, or an action may be brought against them, i.e., for false imprisonment. No action can, however, be brought against them for any act done in the execution of their duty, unless it be commenced within six months from the doing of such act, and one month's notice of such action be given to the defendant (24 Geo. 2, c. 44, s. 8, and 5 & 6 Vict. c. 97).

Regarding the illegal execution of warrants by constables, see “Warrants," post.

EMPLOYMENT, VOTING, &c.-Constables are restrained from employing themselves in any office or employment for gain or hire. They are prohibited from voting at parliamentary elections. They are also prohibited from voting at municipal elections. (See "Police Acts," post.)

Under

PROTECTION OF CONSTABLES.-Constables are protected in the duties of their office by the provisions of various Acts of Parliament. section 38 of 24 & 25 Vict. c. 100, it is a misdemeanor to assault, resist, or wilfully obstruct any police officer. Under the Prevention of Crimes Act, 1871, persons assaulting the police are liable to a penalty of 201., or six months' imprisonment. Persons are also liable to penalties under the Municipal Corporations Act, 1882, c. 50.

Detective Duties.

All the steps taken by a constable to detect a crime after it has been committed, come under the head of "detective duties."

It is difficult to exactly define these duties-the circumstances of the case, the nature of the crime, and the class of people with whom the officer comes in contact, must guide him as to the manner of inquiry, and the course to be pursued in each particular case (a).

A detective officer should possess intelligence, tact, and good common sense, the faculty of obtaining information from others, and at the same time keeping his own counsel and opinions.

(a) See, however, under heading "Criminal Investigation," sect. v post, as to the preliminary steps which may with advantage be adopted when investigating certain crimes.

NOTE. An officer engaged on detective duty must use every exertion, and adopt any means he legitimately can to discover the perpetrators of crime, but in doing so he must carefully avoid, in any way, compromising his own position or the credit of the service to which he belongs.

Information regarding crime is not unfrequently obtained from persons who themselves belong to the criminal classes. Secrecy should be observed regarding the names of informants.

IDENTIFICATION.-Regarding the identification of stolen property recovered, it will (where the nature of the article admits) materially strengthen the identification if the article to be identified be placed among others of a similar character and the owner be then asked to point out his own property.

In the identification of individuals-the person to be identified should be placed amongst others of his own height, and appearance, and of his own position in life.

FOOTMARKS.-In comparing footmarks it should be borne in mind that the comparison is not to be made by placing the boot or shoe over the footmark which has been discovered, but by making a new impression by the side of it.

The impression should also be made with the boots or shoes of both feet, and several of those comparisons should be made, and if possible in the presence of witnesses, the corresponding peculiarities of the boots or shoes with the footmarks discovered and not with the impressions made should be pointed out and immediately committed to paper. A model may be taken of a footmark by running plaster of Paris into it and allowing it to set.

The impressions taken may be employed to assist in these examinations, but the footmarks which are found can alone be adduced in evidence, and with these only should the comparison be made. A mere similarity in the sole of a boot or shoe with a footmark is of little or no value in evidence. A striking peculiarity must be detected to render such resemblance valid, such as the loss of a nail or nails, of a plate, or piece of a plate, or some other peculiarity or corresponding irregularity, which may identify beyond a doubt the footmarks with the boots or shoes compared with them.

(EXTRACT).-The following information which is found in the original edition of "Snowden's Police Guide," although antiquated and to a great extent obsolete, contains some useful hints as to various methods adopted by thieves and swindlers in the perpetration of crime, &c. :

:

The tools used and required for housebreaking are a 'darkey," (lantern), a crowbar, a centre-bit, keys, skeletons, picklocks, saw, lucifers, knife, pistol, nux vomica, or prussic acid, the use of which I will shortly describe. The " darkey is often made with two small holes at the bottom to admit of air, being much safer from observation than a covered ventilator at the top, which sometimes emits a stream of light therefrom, and consequently attracts attention. The crowbar is made with one end like a chisel, and the other curved; its use is to force an entrance by wrenching open doors, drawers, boxes, &c. In forcing

open drawers, a piece of cloth is thrown over them, which in a great measure prevents the noise. The centre-bit is a very essential engine in what is termed "panelling," or boring holes in a door with great expedition, when the burglar, by applying a pocket-knife from hole to hole, takes out the panel, and either opens the lock or puts in a boy who admits the remainder of the burglars; this is seldom resorted to, and never where the burglar can work with his keys and picklocks. The great object with the thief is, besides obtaining the booty, to give or leave no trace of the property stolen, and whenever opportunity offers, to lock the door again with the skeleton or keys. I had a case of this description on my hands very recently. It was a regularly planted burglary, and on the first examination of the premises no trace appeared to have been left to show either the ingress or egress of the thieves, the doors all being found fast as usual; but on removing the lock of the outer door I found part of a skeleton key recently broken and left in the lock. This at once showed the manner in which the premises had been entered. There were still two other locks before the thief could arrive at the booty, one of which had been opened by a picklock, or skeleton key, the other was forced by a sort of crowbar.

The saw is seldom or never used except in cracking the house of a person who perhaps has gone to chapel or some other place, leaving the house empty, and where the lock or bolt is found to be so strong as not to be forced with a crowbar. A hole is then bored near the lock with a centre-bit; the saw, which is called a key-hole saw, from the narrowness of it, is then introduced, and the piece of the door on which the lock is fixed is cut out. A pocket knife is always carried, and answers more purposes than one-in cases of emergency prevents tales being told. Pistols are often taken more for ornament than use, with burglars. Nux vomica and prussic acid are chiefly made use of to destroy animals of the noisy tribe, the worst of which to keep quiet is a little half-bred terrier, of the feminine gender.

A regularly planted burglary, and committed by thieves who have arrived at the top of their profession, is very bad to make out. A burglary is not the impulse of the moment, but the greatest circumspection is used. A great deal of time has been employed before the burglar determined on his method of entry, and more so when it is not a put-up robbery. Many errands and other calls have been made at the house by confederates, such as hawkers and pedlars, &c.; perhaps a cast is obtained from the key by being pressed into a piece of common soap. Soap is frequently used to conceal articles, as rings, diamonds, coins, &c., which are pressed into a piece of common soap left in its usual place on the washing-stand or table.

Starring the glaze is practised where valuable articles are exposed at the window, such as watches, jewellery, &c. It is generally performed by a party of two or three, who endeavour to divert attention; one of these is sometimes a female; but thieves do not often trust to their jomers (girls), though a woman can hide the person who stars with her petticoats, better than a man. Sometimes a diamond is made use of, or occasionally a small penknife is inserted through the putty near the corner of a pane of glass, for the purpose of cracking it; the wet finger is then applied, which carries the crack in any direction required, gene