shall make out a list in writing of such number, as shall be named in the precept, of men residing within their parish, who shall be qualified and liable to serve as constables, with the christian name and surname, and with the true place of abode, the title, quality, calling, or business of each, written at full length provided also, that it shall be lawful for the vestry to annex to the said return the names of any number of men willing to serve the office of constable, and whom the vestry will recommend to be appointed, although not having the qualification hereinafter mentioned. Id. s. 3.

:

And the overseers of each parish shall make out true copies of the list so agreed to in vestry; and where any of the persons named in the said list shall have been chosen to serve, and shall have served, the office of constable in the said parish, in person or by substitute, the overseers shall set against his name in the list the date of the year of such service, and shall, on the first three Sundays in the month of March in each year, fix a true copy of such list upon the principal door of every church, chapel, and other public place of religious worship within their parish, having first subjoined to every such copy a notice, stating that all objections to the list will be heard by the justices of the peace at a time and place to be mentioned in such notice, and having also signed their names at the foot of such copy;-and shall likewise keep the original list, or a true copy thereof, to be perused by any of the inhabitants of their parish at any reasonable time during the first three weeks of the month of March in each year, without any fee or reward;-and, on or before the day limited for making their return, shall sign and return the original list to the justices, as required by the precept. Id. s. 8.

And every overseer, who shall neglect or refuse to sign and return such list, or to make out, sign, and publish such true copies as aforesaid; or who shall knowingly leave out the name of any person who ought to be included therein ;-or who shall knowingly make a false return of any particular which ought to be comprised therein,-shall upon conviction thereof before two justices of the peace, forfeit and pay for every such offence a sum not more than five pounds. Id. s. 9. The conviction is the same as in ordinary cases; vide post.

The overseers of each parish shall attend the special session of the peace to be holden for the appointment of constables in their parish, and shall then and there verify the list so returned by them, and shall answer on oath such questions touching the same as shall be put to them, or any of them, by the justices then present: and if any man, not qualified and liable to serve as constable as aforesaid, is inserted in any such list, it shall be lawful for the said justices, upon being satisfied by the oath of the party complaining, or upon other

proof, or upon their own knowledge, that he is not qualified and liable to serve as constable, to strike his name out of such list, and also to strike thereout the names of men disabled by lunacy or imbecility of mind, or by deafness, blindness, or other infirmity of body, from serving as constable; and when every such list shall be duly corrected at such session, or at such adjournment thereof, it shall be allowed by the justices present, or two of them, at such session or such adjournment, who shall sign the same, with their allowance thereof. Id. s. 10.

con

Appointment.] When any list shall have been allowed, the justices shall choose from the allowed list the names of such number of persons as they shall deem necessary (having regard to the extent and population of the parish) to act as stables within the parish, during the year then next following, and until other constables shall be chosen and sworn to act in their stead as constables for such parish: provided always, that where any person shall have been chosen to serve, and shall have served, the office of constable, either in person or by substitute, as herein-after provided, he shall not be liable to be again chosen, until every other person in the parish liable and qualified to serve shall have also served the office of constable, either in person or by substitute. Id. s. 11.

Swearing in.] And by sect. 12, the justices shall cause the persons so chosen to be summoned to appear before them on a day to be fixed by such justices, and shall cause to be administered to every such person the following oath; (that is to say,)

'I, A. B. of C., do swear, that I will well and truly serve our sovereign Lady the Queen in the office of constable, 'for the parish of D. [or parishes of D. E., &c.] for the year now next following, or until another constable shall be sworn in my stead, according to the best of my skill and ' knowledge. 'So help me GOD.'

Substitutes.] If any qualified person, chosen as aforesaid, shall be unwilling to serve the office of constable in person, and shall find a substitute, to be approved by the justices, and willing to serve for him, the person so chosen and unwilling to serve shall attend with his proposed substitute at the time and place appointed for swearing in constables; and the justices, if they shall approve of such proposed substitute, shall cause the oath to be administered to him, instead of the person so chosen and unwilling to serve; but the service of any person as substitute for another person, shall not be reckoned as his own service, so as to exempt him from being sooner chosen to serve in his own person than otherwise he would have been liable to. Id. s. 12.

Lists of those appointed.] And within fourteen days after the appointment and swearing of such constables, the clerk to the justices shall send to every justice usually acting within the division, and also to the clerk of the peace, for the purpose of being laid before the next court of general or quarter sessions, a list containing the names of all constables so appointed in the division, and the parishes for which they have been appointed; and the overseers of the poor shall affix to the door of their respective parish churches a list of the names of the constables appointed in their respective parishes. Id. s. 14.

Refusing to serve.] Every person qualified and liable to serve, and who shall be chosen by the justices to serve, the office of constable, and shall be duly summoned to be sworn, and to take upon him the said office, and who shall refuse, or, without reasonable cause to be allowed by the said justices, neglect to attend and to be sworn as constable, or to find a qualified substitute to be sworn in his stead, shall upon conviction thereof before two justices, forfeit and pay any sum not more than ten pounds; and every person who, after being sworn as constable, shall refuse or wilfully neglect to act in the execution of his office, shall, upon conviction thereof before two justices, forfeit and pay for every such offence any sum not more than five pounds. Id. s. 13. The conviction is the same as in ordinary cases; vide post.

Vacancy, by death, refusal to serve, &c.] In case of the death or disqualification of any constable, during his year of office, of which the overseers shall forthwith give notice to a justice of the peace usually acting for the division,-or in case any person, who shall have been chosen constable, shall refuse or neglect as aforesaid to attend and be sworn, or to find a qualified substitute to be sworn in his stead, and shall have been fined for such refusal or neglect,-the person who has last served, and shall not then be disqualified or exempt, shall be bound to act in his stead, until another constable shall be appointed and sworn to act for the remainder of the year, which shall be done at the next petty session of the peace for the division, of which notice shall be given to all the justices usually acting for the division; and in case the constable making the vacancy was serving as substitute for some other person, the justices shall summon the person originally chosen to attend and be sworn, or to find another substitute, duly qualified, to serve for the remainder of the year; or if the person originally chosen shall be then disqualified, or shall have refused or neglected as aforesaid to attend and be sworn, or to find a substitute, or if the constable making the vacancy was serving after having been chosen, and not as a substitute,

-the justices at such session shall choose another qualified person out of the allowed list then in force, to serve the office of constable during the remainder of the year, and shall proceed in all respects as in the original appointment of constables for that year; and the person so chosen shall be bound in like manner, and subject to the same penalty, to attend and be sworn, or to find a substitute to be sworn in his stead, to serve for the remainder of the year; and if less than two hundred days shall have elapsed since the first appointment of constables for that year, but not otherwise, the service of the person appointed to act for the remainder of the year, shall be reckoned to him as service for that year. Id. s. 16.

Paid Constables.

In what cases.] It shall be lawful for the vestry assembled for the purpose of making such return as aforesaid, [see sect. 3, ante, p. 312,] to resolve that one or more paid constables shall be appointed for their parish; and if the vestry shall so resolve, a copy of the resolution, and of the amount of salary which the vestry shall resolve on paying to such constable or constables, shall be sent by the overseers to the justices, with the return hereinbefore mentioned. Id. s. 18.

How appointed.] The justices, at the session of the peace holden for the appointment of constables, upon receiving from any parish a copy of any such resolution as aforesaid, if they shall be satisfied with the amount of salary agreed to be paid, shall appoint so many paid constables to act for that parish as shall be agreed to by the resolution, or if the same resolution shall have been agreed to by more parishes than one adjoining each other, may, if they shall think fit, appoint the same paid constables to act conjointly for all such last-mentioned parishes; and in every parish in which a paid constable shall be appointed under this Act, the justices, if they shall think fit, need not appoint any unpaid constable, or may appoint a smaller number of unpaid constables than they had otherwise resolved on appointing for that parish; and every paid constable shall hold his appointment, until he shall resign or be dismissed for misconduct by the justices of the division in petty session assembled, or until the vestry shall rescind the resolution for his appointment at any meeting of vestry holden for making such return as aforesaid. Id. s. 19.

Salary.] The amount of the salary to every such paid constabie, shall be paid by the overseers, out of any monies in their hands collected for the relief of the poor. Id. s. 20.

Power, &c. of Constables.

Their duties.] As to the duties of a constable in arresting for crime, with or without warrant, and also in the prevention of crime, and in keeping the peace, see ante, pp. 127, 128. Cook v. Nethercote, 6 Car. & P. 741. Howell v. Jackson, Id. 723. R. v. Smith et al., Id. 136. R. v. Hems, 7 Car. & P. 312. Timothy v. Simpson, 1 Cr. M. & R. 760.

Within what district.] The said constables shall have, within the whole county, and also within all liberties and franchises, and detached parts of other counties situated therein, and also in every county adjoining to the county in which they are appointed, all the powers, privileges, and immunities, and shall be liable to all the duties and responsibilities, of a constable within his constablewick, but shall not be bound to act as a constable beyond the parish for which they are severally appointed and sworn, without the special warrant of a justice of the peace provided always, that in those counties in which any chief constable or superintendent shall have been appointed under the authority of stat. 2 & 3 Vict. c. 93, [post, p. 326,] or of any Act passed for the amendment thereof, the constables appointed under this Act for any parish within the district for which such chief constable or superintendent shall have been appointed, shall be subject to the authority of such chief constable or superintendent. 5 & 6 Vict. c. 109, s. 15.

:

Lock-up houses.] It shall be lawful for the justices of the peace of any county in general or quarter sessions assembled, if they shall think fit, to order that lock-up houses for the temporary confinement of persons taken into custody by any constable, and not yet committed for trial, or in execution of any sentence, shall be provided in such places within their county as the said justices shall think fit; and for that purpose, to purchase and hold lands and tenements, or to appropriate to that purpose any lands and tenements belonging to the county which are not needed for the purpose to which they were applied or intended to be applied before such appropriation; or, instead of providing new lock-up houses, to order that the lock-up houses, strong rooms, or cages belonging to any parish, be appropriated for the purpose of this Act, and if necessary be enlarged or improved; and the expense of building, hiring, or otherwise providing, repairing, and furnishing such lock-up houses shall be defrayed out of the county-rates: provided always, that notice of the day and hour at which any business relating to providing, enlarging, or improving any such lock-up house will begin at such session, shall be given.