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public peace, and may remove any such special constable from his office for any misconduct or neglect of duty therein." (Ib. s. 4.)

"Every special constable appointed under this act, shall, not only within the territorial division or place for which he has been appointed, but also throughout the entire jurisdiction of the Justices who appoint him, have, exercise and enjoy all such powers, authorities, advantages, and immunities, and be liable to all such duties and responsibilities, as any constable duly appointed has by virtue of any law or statute whatsoever." (Ib. s. 5.)

"Where any special constables appointed under this act are serving within any territorial division or place, and two or more Justices of the Peace of any adjoining territorial division or place make it appear to the satisfaction of any two or more Justices of the Peace, acting for the limits within which such special constables are serving, that extraordinary circumstances exist, which render it expedient that the said special constables should act in such adjoining territorial division or place, then, and in every such case, the said last mentioned Justices may, if they think fit, order all or any of the said special constables to act in such adjoining territorial division or place in such manner as to the said last mentioned Justices seem meet.” (Ib. s. 6.)

"Every such special constable, during the time he so acts in such adjoining territorial division or place, shall have, exercise and enjoy all such powers, authorities, advantages and immunities, and be liable to the same duties and responsibilities as if he were acting within the territorial division or place for which he was originally appointed." (Ib. s. 7.)

"If any person being appointed a special constable as aforesaid, refuses to take the oath hereinbefore mentioned, when thereunto required by the Justices of the Peace who so appointed him, or by any two of them, or by any other two Justices of the Peace acting for the same limits, he may be convicted thereof forthwith before the said Justices so requiring him, and shall forfeit and pay such sum of money not exceeding twenty dollars, as to the convicting Justices may seem meet." (Ib. 8. 8.)

"If any person being appointed a special constable as aforesaid, neglects or refuses to appear for the purposes of taking the said oath at the time and place for which he has been summoned, he may be convicted thereof before the justices who appointed him, or any two of them, or before any other two Justices of the Peace acting for the same limits, and shall forfeit and pay such sum of money not exceeding twenty dollars as to the convicting Justices seems meet, unless such person proves to the satisfaction of the said Justices that he was prevented by sickness or some unavoidable accident, which in the judgment of the said Justices is a sufficient excuse." (Ib. s. 9.)

"If any person having been appointed a special constable as aforesaid, and being called upon to serve, neglects or refuses to serve as such special constable, or to obey such lawful orders or directions as may be given to him for the performance of the duties of his office, the person so offending shall, on conviction thereof before any two Justices of the Peace, forfeit and pay for every such neglect or refusal such sum of money not exceeding twenty dollars, as to the said Justices seems meet, unless such person proves to the satisfaction of the said Justices that he was prevented by sickness or some unavoidable accident, in the judgment of the said Justices constituting a sufficient excuse." (Ib. s. 10.)

"The Justices who have appointed any special constables under this act, or the Justices acting for the limits within which such special constables have been called out, at a special session to be held for that purpose, or the major part of such lastmentioned Justices at such special session, may suspend or determine the service of all or any of the special constables so called out as to the said Justices respectively seems meet; and notice of such suspension or determination of the services of all or any of the said special constables shall be forthwith transmitted by such respective Justices to the secretary of the province." (Ib. s. 11.)

"Every such special constable shall, within one week after the expiration of his office, or after he has ceased to hold or exercise the same pursuant to this act, deliver over to his

successor, if any such has been appointed, or otherwise to such person and at such time and place as may be directed by any Justice of the Peace acting for the limits within which such special constable may have been called out, every staff, weapon and other article which has been provided for such special constable under this act; and if any such special constable omits or refuses so to do, he shall, on conviction thereof before two Justices of the Peace, forfeit and pay for such offence such sum of money not exceeding eight dollars, as to the convicting Justices seems meet." (Ib. s. 12.)

"If any person assaults or resists any constable appointed by virtue of this act, while in the execution of his office, or promotes or encourages any other person so to do, every such person shall, for such offence, on conviction thereof before two Justices of the Peace, forfeit and pay any sum not exceeding forty dollars, or shall be liable to such other punishment upon conviction on an indictment or information for such offence, as persons are by law liable to for assaulting a constable in the execution of the duties of his office." (Ib. s. 13.)

"The Justices of the Peace acting for the limits within which such special constables have been called out to serve, may, at a special session to be held for that purpose, or the major part of the Justices at such special session, from time to time order such reasonable allowances for their trouble, loss of time and expenses, not exceeding one dollar per diem, to be paid such special constables who have so served, or are then serving, as to such Justices, or to such major part of them, seem proper. "* (Ib. s. 14.)

"The

APPOINTMENT OF CONSTABLES IN UNORGANIZED TRACTS.laws now in force with respect to the holding of courts of Quarter Sessions of the Peace, County Courts, and Division Courts, in the several counties in Upper Canada, and to the composition, power and jurisdiction of such courts respectively, and to the appointment, powers, duties and emoluments of sheriffs, coroners, clerks, constables, and all other officers

*It is to be noticed that, generally, convictions under this act must be made by two justices.

attached to such courts, or employed in the administration of justice in connection therewith, shall extend and apply to such provisional judicial districts, and such districts shall be deemed and held to be counties for all and every the purposes of such laws." (Con. Stat. U. C. c. 128, s. 96.)

HIGH CONSTABLE.-Whatever might have been the ancient importance of this officer, his duties are now in all respects similar to the county constables, except that he is expected to attend the sessions, assizes, &c., to maintain order, for which he generally receives an annual salary from the Quarter Sessions. Any duties he may perform "in obeying warrants and serving summonses he is paid for as any other constable.

OFFICE OF CONSTABLE.-The office of a constable is ministerial, as obeying warrants and precepts of justices, coroners and sheriffs, and the charges of private individuals. In some cases its duties are defined by particular acts of parliament. At the same time the constable is a conservator of the peace at common law.

DUTIES OF CONSTABLES.-As regards the duties of constables, see Con. Stat. C. c. 102, ss. 13, 14, 21, 25, 50, 51 (ante, pp. 32, 34, 35, 44, 45), and c. 103, ss. 2, 3, 58, 62, 68 (ante pp. 70, 91, 93, 96.)

If the person served with a summons does not attend, the constable must make it appear, by oath or affirmation, to the justice or justices, that such summons was duly served. On receipt of a warrant, the constable must apprehend the party against whom it is issued, and bring him before some Justice or Justices of the Peace for the same county or united counties.

How ARREST IS MADE.-In executing a warrant, the arrest is to be made by laying hold of, or at least securing the person of the party; without this it is not a legal arrest.

CONSTABLES' ACCOUNTS.-All accounts or demands preferred by any constable against the county, connected with matters in which justices have summary jurisdiction, should be delivered to the clerk of the peace on or before the first day of the

session in each term, to be laid before the bench. The court auditing such accounts must sit on the second day of the session, and consist of not less than seven justices. (Con. Stat. U. C. c. 121, ss. 1, 2 and 3.) The accounts of constables in connexion with criminal cases should be made out in duplicate, and left with the county treasurer to be examined and audited by the government board of auditors.

As to the arrest of offenders caught in the act, &c., see article "Arrest" (ante p. 139.)

SEARCHING AND HANDCUFFING PRISONER.-In the performance of this duty much discretion is required, and the constable's justification for resorting to such precautionary measures must depend on the peculiar circumstances of each case. The mere fact of a person being drunk and disorderly will not justify a constable in searching his person; but the person arrested, whatever the nature of the charge, may conduct himself so violently that it may be prudent and right to search him, as well for his own protection as for that of those entrusted with the duty. The same rule applies to handcuffing a person in custody, and the right must depend on the circumstances of each particular case; as, for instance, the nature of the charge and the conduct and temper of the person in custody.

In the case of Bessell v. Wilson, Lord Campbell made the following observations on this subject: "If a person were taken into custody for the commission of a felony, it would be the magistrate's duty to direct a search to see if there were any instruments in his possession, with which he might have been engaged in the violation of the law. He (Lord Campbell) had received a communication from Mr. Mayne, the commissioner of the police, apprizing him that a notion had got abroad that to search a person taken in custody was illegal, and that magistrates and police officers had refused, in consequence, to subject persons taken in the commission of felony to search. Now no such doctrine was laid down by him (Lord C.), and he would take this opportunity of stating that it might, on the contrary, be often highly salutary that persons so apprehended

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