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by distress and sale of the goods of the person on whom the fine Borough
Juries. is imposed, the fine and the reasonable charges of the distress and sale.
(9.) Nothing in this Act shall affect the Juries Act, 1870.*
[The effect of section 121 of the Act of 1835, and section 36 of 7 Will, 4 and 1 Vict. c. 78 (1837), is preserved in this clause.)
Provisions. 187.-The grant to a borough of a separate commission of the Grants to peace, or of a separate court of quarter sessions, shall not be affected by
subsequent prejudicially affected by any subsequent grant to or for any grants to county of a commission of the peace or other commission.
[The effect of 2 & 3 Phil. & Mary, c. 18, is preserved in this clause.]
188.—(1.) Until Her Majesty is pleased to direct a com- Trial of offences mission of oyer and terminer and gaol delivery to be executed counties of within any borough being a county of a city or county of a town, counties of all bills of indictment for offences committed within that borough shall be preferred, and all proceedings thereon shall be had, in the manner authorized by the Act of the thirty-eighth year of the reign of King George the Third, chapter fifty-two, “to regulate the trial of causes, indictments, and other proceedings which arise within the counties of certain cities and towns corporate within the kingdom.”
[Sections 1 and 2 of the Act cited are as follows:-(1.) “Whereas there at present exists in the counties of cities and of towns corporate within this kingdom, an exclusive right, that all causes and offences which arise within their par ticular limits, should be tried by a jury of persons residing within the limits of the county of such city or town corporate; which ancient privilege, intended for other and good purposes, has in many instances been found by experience not to conduce to the ends of justice ; And whereas it will tend to the more effectual administration of justice in certain cases, if actions, indictments, and other proceedings, the causes of which arise within the counties of cities and towns corporate, where tried in the next adjoining counties : _In order, therefore, to remedy this mischief for the future, be it enacted, &c. That, from and after the passing of this Act, in every action whether the same be transitory or local which shall be prosecuted or depending in any of his Majesty's Courts of Record at Westminster, and in every indictment removed into his Majesty's Court of King's Bench by writ of certiorari, and in every information filed by his Majesty's Attorney or Solicitor-General, or by the leave of the Court of King's Bench, and in all cases where any person or persons shall plead to or traverse any of the facts contained in the return to any writ of mandamus, if the venue in such action, indictment, or information be laid in the county of any city or town corporate within that part of Great Britain called England, or if such writ of mandamus be directed to any person or persons, body politic and corporate, that it shall and may be lawful for the court in which such action, indictment, in
• The 33 & 34 Vict. c. 77.
formation or other proceeding shall be depending, at the prayer and instance of any prosecutor or plaintiff, or of any defendant, to direct the issue or issues joined in such action, indictment, information or proceeding, to be tried by a jury of the county next adjoining to the county of such city or town corporate, and to award proper writs of venire and distringas accordingly, if the said court shall think it fit and proper to do so.”
(2.) “ And be it further enacted by the authority aforesaid, that it shall and may be lawful for any prosecutor or prosecutors to prefer his, her, or their bill or bills of indictment, for any offence or offences committed, or charged to be committed, within the county of any city or town corporate, to the jury of the county next adjoining to the county of such city or town corporate, sworn and charged to inquire for the King, for the body of such adjoining county at any sessions of oyer and terminer, or general gaol delivery; And that every such bill of indictment found to be a true bill by such jury shall be valid and effectual in law, as if the same had been found to be a true bill by any jury sworn and charged to inquire for the King for the body of the county of such city or town corporate."
Held, that the court may direct an action the venue of which was laid in the corporate district to be tried in the adjoining county. Cole v. Gane (3 D. & L., 369).
Local venue in civil actions was abolished by Order XXXVI., Rule 1, of the Judicature Act, 1875.
The jurisdiction of the assizes is not affected by the grant of a court of quarter sessions to a borough. Reg. v. Holden (5 C. & P. 656)].
(2.) For the purposes of tnat Act each borough named in the Sixth Schedule shall be considered as next adjoining the county named in conjunction therewith.
[The effect of section 109 of the Act of 1835, and 38 Geo. 3, c. 62, is preserved in this clause).
The Sixth Schedule is as follows:-
PURPOSES OF CRIMINAL TRIALS.
Jurisdiction 189.—Where under any Act a place has ceased or ceases to be in places separated from part of a borough or the liberties thereof, all matters by virtue borough,
of a local Act of Parliament or otherwise cognisable by a justice or by the quarter sessions having jurisdiction within that place shall be cognisable by the justices or the quarter sessions of the county, liberty, or jurisdiction within which the place is situate, in the same manner and subject to the same provisions as they were within the jurisdiction of the justices or the quarter sessions for that place.
[The effect of section 30 of 7 Will. 4 and 1 Vict, c. 78 (1837) is preserved in this clause).
Committee; 190.-(1.) The council shall from time to time appoint, for Constables. such time as they think fit, a sufficient number not exceeding Conocil to
appoint watch 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. l'hompson, 5 Q. B. 477.]
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 constablót 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 baving juris
See notes, pages 177 and 178. † The Local Government Act, 1888, section 25, should be consulted as to with. holding 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.
diction in the borough, may at any time suspend, and the Committee; Constables. watch committee may at any time dismiss, any borough con
etable 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 distriot 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.] Quarterly 192.-The watch committee shall, on the first of January, to borough
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 1836 as has not been
repealed and 21 & 22 Vict. c. 67 (1858), is preserved in this clause. Power for 193.-A borough constable may, while on duty, apprehend
any idle and disorderly person whom he finds disturbing the disorderly
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.) Penalties on 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).
constables to apprehend
* The 3 & 4 Vict. c. 83.
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:
in Committee ; 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. constables.
[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).
Constables. 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 bave a general authority to appoint special constables on sworn information that a riot may be appre. hended. 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.