PART IX. Watch Committee; Constables. Watch 190.-(1.) The council shall from time to time appoint, for Constables. such time as they think fit, a sufficient number not exceeding Council to one third of their own body, who, with the mayor, shall be the committee. watch committee. [The limit here prescribed was absent from the Act of 1835, the council being empowered to appoint the mayor and a sufficient number of their own body. The practice in many boroughs was to appoint the whole of the council as the Watch Committee." The mayor is an ex officio member of the committee.] (2.) The watch committee may act by a majority of those present at a meeting thereof, but shall not act unless three are so present. [The effect of section 76 of the Act of 1835 is preserved in this clause. Only payments to be made under Part II. of the Fifth Schedule need be submitted by the watch committee to the council for approval.-Reg. v. Thompson, 5 Q. B. 477.] appoint watch duties, and borough 191.-(1.) The watch committee shall from time to time Appointment, appoint a sufficient number of fit men to be borough constables. powers of (2.) A borough constablet shall be sworn in before a justice constables. having jurisdiction in the borough, and when so sworn shall, in the borough, in the county in which the borough or any part thereof is situate, and in every county being within seven miles from any part of the borough, and in all liberties in any such county, have all such powers and privileges, and be liable to all such duties and responsibilities, as any constable has and is liable to for the time being in his constablewick, at common law or by statute, and shall obey all such lawful commands as he receives from any justice having jurisdiction in the borough or in any county in which the constable is called on to act. [As to acting within the county in which the borough is situate, see Mellor v. Leather (1 E. & B., 619). As to powers and how far they extend, see Reg. v. Cumpton (5 Q. B. D. 341)]. (3.) The watch committee may from time to time frame such regulations as they deem expedient for preventing neglect or abuse, and for making the borough constables efficient in the discharge of their duties. (4.) The watch committee, or any two justices having juris *See notes, pages 177 and 178. The Local Government Act, 1888, section 25, should be consulted as to withholding of grant in aid of police, if a borough force has not been kept efficient. Borough constables-except special constables-cannot vote at municipal elections during the time they hold office, or within six months after they cease to be constables. Their names must be expunged from lists, whether objected to or not. See Doulon v. Halse, 18 Q. B. D. 421. They may vote in parliamentary elections under the Police Disabilities Removal Act, 1887. Watch Quarterly returns as to borough constables. Power for constables to apprehend disorderly persons, &c. Penalties on constables for diction in the borough, may at any time suspend, and the watch committee may at any time dismiss, any borough constable whom they think negligent in the discharge of his duty or otherwise unfit for the same. (5.) When a borough constable is so dismissed, or ceases to belong to the constabulary force of the borough, all powers vested in him as a constable by virtue of this Act shall immediately cease. (6.) Nothing in this section shall interfere with the operation of an Act of the session of the third and fourth years of Her Majesty's reign "to amend the Act for the establishment of county and district constables*"; and throughout that Act a reference to this Act shall be deemed to be substituted for a reference to the Municipal Corporations Act, 1835, and any Act amending it. [The effect of sections 76 and 77 of the Act of 1835 is preserved in this clause.] 192.-The watch committee shall, on the first of January, the first of April, the first of July, and the first of October in every year, send to the Secretary of State a copy of all rules from time to time made by the watch committee or the council for the regulation and guidance of the borough constables. [The effect of so much of section 86 of the Act of 1835 as has not been repealed and 21 & 22 Vict. c. 67 (1858), is preserved in this clause. 193.-A borough constable may, while on duty, apprehend any idle and disorderly person whom he finds disturbing the public peace, or whom he has just cause to suspect of intention to commit a felony, and deliver him into the custody of the borough constable in attendance at the nearest watch-house, in order that he may either be secured until he can be brought before a justice, or where the constable in attendance is empowered and thinks fit to give bail, give bail for his appearance before a justice. [The effect of section 78 of the Act of 1835 is preserved in this clause.] 194.-If a borough constable is guilty of neglect of duty, or neglect of duty. of disobedience to a lawful order, he shall for every such offence be liable on summary conviction to imprisonment for any time not exceeding ten days, or, in the discretion of the court, to a fine not exceeding forty shillings, or to be dismissed from his office. [The effect of section 80 of the Act of 1835 is preserved in this clause]. The 3 & 4 Vict. c. 83. Committee; 195.—(1.) If any person assaults or resists a borough con- Watch stable in the execution of his duty, or aids or incites any person Constables. so to assault or resist, he shall for every such offence be liable Penalty for on summary conviction to a fine not exceeding five pounds. [This subsection was equivalent to a repeal of sec. 20 of the Police of Towns Act (10 & 11 Vict. c. 89), and sec. 12 of the Prevention of Crimes Act (34 & 35 Vict. c. 112), and reduced and limited the power of justices in cities and boroughs in cases of assaults on constables to the penalty named, recoverable as provided by sec. 5 of 42 & 43 Vict. c. 49 (Summary Jurisdiction Act), with alternative of one month's imprisonment without* hard labour in default of payment. In counties sec. 12 of the Prevention of Crimes Act still continued in force, which for a similar offence provides a penalty not exceeding £20, or, in the discretion of the court, in default of payment, imprisonment with or without hard labour, for a term not exceeding six months. Section 81 of the Act of 1835 was in the terms of the above, so that intermediate legislation on this subject was apparently overlooked. The omission was very quickly detected after the Act came into operation, and resulted in the passing of a short statute (46 & 47 Vict. c. 44-see Appendix), which determined the doubts existing by enacting the retention of the powers given by sec. 10 of 10 & 11 Vict. c. 89 and sec. 12 of 34 & 35 Vict. c. 112.] (2.) But nothing in this section shall prevent any prosecution by way of indictment against any such offender, except that he shall not be prosecuted both by indictment and in a summary manner for the same offence. [The effect of section 81 of the Act of 1835 is preserved in this clause]. Special Constables. assaults on constables. Special Constables. of special 196. (1.) Two or more of the justices having jurisdiction in Appointment a borough shall, in October in every year, appoint, by precept constables signed by them, so many as they think fit of the inhabitants of the borough, not legally exempt from serving the office of constable, to act as special constables in the borough. [Apart from their powers as above the justices have a general authority to appoint special constables on sworn information that a riot may be apprehended. In all other cases it is customary to specially engage constables from the county-with the concurrence of the chief constable-or from other boroughs.] (2.) Every such special constable shall make a declaration to the effect of the oath set forth in the Act of the session of the first and second years of the reign of King William the Fourth, chapter forty-one, "for amending the laws relative to the appointment of special constables, and for the better preservation of the peace," and shall have the powers and immunities, and be liable to the duties and penalties, enacted by that Act. If hard labour is imposed it must be authorized by the Act on which the conviction is founded. Special (3.) He shall act when so required by the warrant of a justice having jurisdiction in the borough, but not otherwise. (4.) The warrant shall recite that in the opinion of the justice the ordinary police force of the borough is insufficient at the date of the warrant to maintain the peace of the borough. (5.) Nothing in this section shall make any person having a right to vote at a parliamentary election liable or compellable to serve as a special constable at or during the election. (6.) Special constables shall be entitled to remuneration as appearing by the Fourth and Fifth Schedules. [The effect of section 83 of the Act of 1835, section 12 of 31 & 32 Vict. c. 72 (1868), section 8 of 17 & 18 Vict. c. 102 (1854), and 1 & 2 Will. 4, c. 41 (1831), is preserved in this clause. See Reg. v. Hulton (13 Q. B., 592). The remuneration (which may not be paid without an order from the council) referred to in subsection 6 is set out in paragraph 4 of the Fourth Schedule, and is as follows:- Special Constables. To a special constable, for every day during which he is Three shillings and called out to act as such sixpence]. Watch Rate. Watch Rate. Levy of watch rate. 197.-(1.) Where at the commencement of this Act any rate might be levied in a borough, or in any part of a borough, for the purpose of watching solely by day or by night, or for the purpose of watching by day or by night conjointly with any other purpose, the council may from time to time make and levy a watch rate on the occupiers of all hereditaments within such parts of the borough as are watched by day and by night, and as are from time to time, by order of the council, declared liable to watch rate. (2.) The watch rate shall be made on an estimate of the net annual value of the several hereditaments rated thereto, that is to say, of the rent at which, one year with another, they might in their actual state be reasonably expected to let from year to year, the probable annual average cost of the repairs, insurances, and other expenses necessary to maintain them in their actual state, and all rates, taxes, and public charges, except tithes or tithe commutation rentcharge (if any), being paid by the tenant. (3.) The watch rate may be made by one rate made yearly, or by two or more rates made half-yearly or otherwise, and may be of any amount, in the discretion of the council, not exceeding in any year eightpence in the pound on the net annual value of Watch Rate. the hereditaments rated thereto. [See hereon 22 & 23 Vict. c. 32, s. 6]. (4.) For the purposes of the watch rate the council and all persons concerned, including overseers, shall have all powers given to them in respect of the borough rate for ordering, making, assessing, levying, raising, collecting, or paying the same, or as near thereto as the nature of the case admits. (5.) The provision of this Act relating to orders of vestries for the rating, in some cases, of owners, instead of occupiers, shall extend to the watch rate. (6.) Nothing in the foregoing provisions of this section (except the general power to levy a watch rate) shall apply to any borough in which the borough fund is sufficient with the aid of the amount only of watch rate which could for the time being be raised therein under the Municipal Corporations Act, 1835, and without the aid of any borough rate, to defray the expenses of the constabulary force of the borough, with all other expenses legally payable out of the borough fund; but nothing in the present provision shall affect any benefit or right reserved by Part X, or make the borough fund liable to any expenses with which it would not be otherwise chargeable. (7.) Nothing in this section shall affect the liability of the borough fund to make good any deficiency of the watch rate towards the expenses of the police. (8.) Nothing in this section shall make liable to watch rate any hereditaments exempted by any local Act from payment of watch rate. (9.) Nothing in this section shall alter the comparative liability to watch rate of any hereditaments which are under any local Act in respect of any watch rate entitled to any deduction from, or chargeable with any increase on, an equal pound rate; but the like comparative deductions and increased charges shall be made under this section. [The effect of section 92 of the Act of 1835, and 2 & 3 Vict. c. 28 (1839), is preserved in this clause. The notes and comments following the clauses which deal with the borough fund (pages 127 to 130 ante) may be referred to here]. divided parish. 198.—(1.) Where part only of a parish is liable to watch Watch rate in rate, the overseers shall not pay out of the poor rate the amount of the watch rate charged by the council on that parish, but |