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refusal at the next court, where he shall be amerced (j); and if warranted by custom, the amerciament distrained for (k). If there is no such custom, the remedy is by action of debt(1); and in all cases where a high or petty constable duly chosen, refuses to take on himself the office and to be sworn in accordingly, within a month after his appointment, he may be indicted at the sessions or assizes; when, if he does not establish a valid defence of unfitness, e. g., non-inhabitancy in the district or parish, not dwelling conveniently, being of weak body, chosen from spleen, attendance in public courts, &c. &c., he will be convicted, and punished by imprisonment or fine (m).

Appointing Petty Constables in Places where none were before.]— The justices in general or general quarter sessions are the proper judges when it is necessary and right to appoint petty constables for villages that have not had any before (n); and by 13 & 14 C. II. c. 12, s. 15, if a constable, headborough or tithingman, shall die or go out of the parish during his year, any two justices may make and swear a new one until the lord of the leet shall hold his court, or till next quarter sessions, who shall approve of the officer so made and sworn, or appoint another (o).

Constables in Towns Corporate.]-In towns not having town councils within 5 & 6 W. IV. c. 76, the corporations cannot choose constables as of common right; but by custom they may, as having the government of the place reposed in them; they must, however, prescribe for it (p). Before the municipal corporation act just mentioned, charter justices in a borough had the same authority in these cases, e. g. of creating a high constable, as justices under a general commission (9); but now, in boroughs having town councils, the appointment of con

(j) Reg. v. Dasey, Salk. 175.

(k) Fletcher v. Ingram, ibid. 1 Lord Raym. 69; 1 Ken. R. 618, S. C. See R. v. Mosley, 3 Ad. & E. 488; 5 N. & M. 461, S. C.

(7) See 1 Chitty on Pleading, 4th edit. 99.

(m) See R. v. Adlard, 4 B. & Cr. 772; Dyer, 31; R. v. Mosley, Bart. 3 Ad. & E. 492 (fine of 3001. overruled); Dalt. c. 29; Vin. Abr. tit. Constable; form of indictment against high constable, Cro. C. Comp. 9th ed. 165; a petty constable, post, Ch. VI.

(n) Chorley (Village) case, 1 Salk. 175; 3 Salk. 98, S. C. It is there said a hamlet has no constable, but a vill

may. See also S. C. nom. R. v. Hewson, 12 Mod. 180; Holmby (case of Constable of), 2 Keb. 557; Bac. Ab. tit. Constable (A.), 684.

(0) 2 Hawk. c. 10, s. 50. The appointment must strictly comply with the act. Thus, if" for a year, or till others be chosen," it was quashed, R. v. Lisle, Stra. 1090; R. v. Davis, Stra. 1050; 2 Hawk. P. C. c. 10, s. 50; Dalt. c. 29. (p) R. v. Bernard, 2 Salk. 501; 1 Lord Raym. 7, 94; 12 Mod. 115; Skinn. 669, pl. 5.

(q) Weatherhead v. Drewry, 11 East, 168. See R. v. J. Green, 6 T. R. 228; R. v. Leicester (Justices), 3 B. & Cr. 6.

stables is regulated by watch committees, see 5 & 6 W. IV. c. 76, s. 76.

Mandamus lies to Justices to swear Constables.]-Constables are so necessary a part of the general system for the preservation of the peace, that the court of queen's bench will grant a mandamus to compel the justices to swear in such as have been duly appointed (r); and if, on the other hand, a constable duly chosen refuse to take upon himself the office and to be sworn in, he may be indicted at the sessions (or assizes), when, if he does not establish a legal defence, e. g., non-inhabitancy in the parish, not dwelling conveniently, weakness of body, being chosen from spleen, &c. &c., he may be punished by imprisonment or fine (s).

Oaths of High and Petty Constables.]—High (or chief) constables are required to take the oaths of allegiance, supremacy, and abjuration, as others who qualify for offices (t); but they were never required to receive the sacrament, or to subscribe the declaration against transubstantiation, nor are they required to make the declaration in lieu of the sacramental test. Petty constables are required only to take an oath of office, which has varied at different periods. The form anciently in use has been preserved by Dalton, but it has become obsolete; and as, while it enumerates some branches of a constable's duty, it omits some of equal importance, it seems better to swear all constables to the due execution of their office, in the following form, which is commonly adopted.

You shall well and truly serve our Sovereign Lady the Queen, in the office of constable for the hundred of [or township of or parish of -], in the county of—————, according to the best of your skill and knowledge, for the year ensuing, or till another be appointed in your place. So help you God.

Fees of Constables to be submitted to the Justices in Sessions.]-In particular instances, the court of quarter sessions has cognizance of the fees of constables for the execution of certain parts of their duty. Special constables are entitled to a reasonable remuneration for their services in executing warrants in cases of felony, to be allowed by two justices, subject to the confirmation of the justices at the next quarter session, whose order on the treasurer of the county for payment is

(r) Hawk. B. 2, c. 10, s. 47.

(8) See R. v. Adlard, 4 B. & Cr. 772; 7 Dowl. & R.340; Dyer, 31; Dalton, c.

29; Vin. Abr. tit. Constable; Com. Dig. tit. Privilege: Indictment, post, Ch. VI. (t) 1 G. I. c. 2.

necessary. And by a similar mode of proceeding, high constables are to be remunerated for extraordinary exertions in cases of tumult, riot, or felony (u); e. g., for payments made to special constables procured by him by direction of the justices to suppress riots at an election, and duly sworn in accordingly; and also for sums paid to ordinary constables by way of compensation for their extraordinary exertions for the same object (r).

Fees of Constables acting in Parochial Business.]—Also in the execution of parochial business, constables, and all persons acting in the capacity of constables, having delivered their accounts to the overseers of the poor of their respective parishes, are placed ultimately under the control of the justices in session, respecting the liquidation of such accounts, where any dispute or difference of opinion arises upon them. And the justices so assembled have moreover the power of laying down any rules and regulations prospectively, respecting such allowances to constables generally for such occasions subject to the approbation of the judge of assize (w).

Constable may appoint a Deputy.]-As the office of constable is not a judicial, but a ministerial office, a party appointed may execute the duties by deputy (r). And even a high constable may depute any competent person to do a particular ministerial act, by parol, and without causing him to be sworn, as, for example, to billet soldiers (y). In this case the superior will be answerable for the deputy; but where a deputy is appointed to do the entire duties of the office, as is often the case in the instance of petty constables, the deputy must be accepted and sworn in at the sessions as substitute, and from that time is himself the constable. By such acceptance and swearing of the deputy, the principal is discharged from all responsibility; and cannot be required to serve on the default or absconding of his substitute (z). If a constable, headborough or tithingman, dies or goes out of the parish, any two justices may make and swear a new one, till the lord holds a leet, or till the next quarter sessions, who shall approve of the said officers so made and sworn, or appoint others as they think fit.

Presentments by Constables.]—It was formerly the practice for high

(u) 41 G. III. c. 78.

(v) R. v. Leicester (Justices), 7 B. & C. 6.

(w) 18 G. III. c. 19.

(x) R. v. Clarke, 1 T. R. 252; 4 B.

& Cr. 780; 7 Dowl. & R. 350.
(y) Medhurst v. Waite, 3 Burr. R.

1259.

(z) Underhill v. Witts, 3 Esp. R. 56.

and petty constables to make presentments of various matters at the sessions; but that course of proceeding is abolished by recent enactment, at least as to the indictable and other offences there enumerated (a).

Removal of High and Petty Constables.]—High constables are to be removed for good cause by the same authority which appointed them, e. g. by the majority of the justices assembled in the general or quarter sessions (b).

Petty constables, headboroughs, or tithing-men, appointed and sworn in a court leet, cannot be discharged by the quarter sessions on any ground (c); for that court seems to have no power to displace a constable duly appointed at a leet (c), except in the instance provided by stat. 13 & 14 C. II. c. 12, s. 15, viz. where any officer continues above a year in his office: in which case they may discharge him and put in another" till the lord shall hold a court, as aforesaid." If they refuse, the court of queen's bench will compel the discharge by mandamus (d). If the leet chooses unable or unfit persons, it seems that the lord should be "dealt with to choose fitter constables; and on his default complaint is to be made to the assizes or sessions of the peace, from whence a warrant is to be granted to the justices of peace to swear and choose others more fit" (e). But it seems that the sheriff, or lord, or steward of a leet, and also such justices in or out of session as may have power to appoint petty constables, may lawfully for good cause displace such as they have themselves appointed (ƒ).

Special Constables in Cases of Apprehended Disturbance.]-By an act which came into operation on 15th October, 1831 (g), in cases of tumult, riot, or felony committed, or reasonably to be apprehended, where the ordinary officers are not sufficient to preserve the peace,

(a) 7 & 8 G. IV. c. 38, post, Ch. IV. s. 2; and see the decision in Michaelmas Term, 1827, R. v. Bridgwater and Taunton Canal Company, 7 B. & Cr. 514, in which case this act was not cited, though it had received the royal assent on the 21st of June preceding. Quære, whether high constables are not still bound to present defaults of the petty constables in their hundreds, after they have been legally chosen and sworn. See 1 Burn's J. tit. Constable, 28th Ed. 827; as to the constables of Middlesex, see post, Ch. IV. s. 3; Ch. VI. s. 17.

(6) Com. Dig. Leet (M 5); Dalton,

c. 28, p. 63; Reg. v. White, 1 Salk. 150; 1 Bulst. 174; Reg. v. Watkinson, supra.

(c) Stepney (Constables) case, Bulstr. 174; Limington (Constables) case, 2 Stra. 798; Com. Dig. tit. Leet (M6); R. v. Burden and Wakeford, Barnardiston, B. R. Rep. 51.

(d) 2 Hawk. B. 2, c. 10, s. 38.

(e) Direction of a judge of assize at Cambridge, 8 Car. as cited by Dalton, c. 28, p. 64.

(f) Hawkins, B. 2, c. 10, s. 38; Bulst. 174, Stepney case.

(g) 1 & 2 W. IV. c. 41, enlarged by 5 & 6 W. IV. c. 43.

two justices may appoint resident householders and persons liable to serve the office of constable, to act as special constables for such time and in such manner as to the justices should seem fit for preserving public peace and protecting the inhabitants and their property. This act, though most important, is hardly within the purview of a work principally relating to the powers of quarter sessions.

County and District Constables; or, "Rural Police."]-By an act passed 27th August, 1839 (h), general or quarter sessions of the peace of any county in England or Wales, may report to the Secretary of State the necessity of an additional appointment of constables, in numbers of not more than one to each 1000 of the population. See post, Chap. XV.

SECTION VIII.

OF GRAND AND PETTY JURORS.

THE multifarious enactments respecting the qualifications of jurors, and the mode of summoning them, underwent an entire revision in 1825, and are now comprised in a single statute, 6 G. IV. c. 50.

Parties liable to serve at the Quarter Sessions on Grand and Petty Juries.]-Every man, except as thereinafter excepted, between the ages of twenty-one years and sixty years, residing in any county in England, who shall have in his own name, or in trust for him, within the same county, 107. by the year above reprises, in lands or tenements, whether of freehold, copyhold, or customary tenure, or of ancient demesne, or in rents issuing out of any such lands or tenements, or in such lands, tenements, and rents taken together, in fee simple, fee tail, or for the life of himself or some other person; or who shall have, within the same county, 207. by the year above reprises, in lands or tenements held by lease or leases for the absolute term of 21 years, or some longer term, or for any term of years determinable on any life or lives; or who, being a householder, shall be rated or assessed to the poor rate, or to the inhabited house duty, in the county of Middlesex on a value of not less than 307., or in any other county on a value of not less than 207.; or who shall occupy a house containing not less than fifteen windows, shall be qualified and shall be liable to serve on grand juries in courts of session of the peace, and on petty

(h) 2 & 3 V. c. 93.

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