37.

Form of
Conviction.

38. Convictions not to be

quashed for

And be it Enacted, That any Justice of the Peace before whom any person shall be summarily convicted for any offence against this Act, may cause the conviction to be drawn up on paper, in the following form of words, or to the like effect; (that is to say)

in the year of our Lord at in the A. E. is convicted before us,

5

J. P. and J. J. P., Two of Her Majesty's Justices of the Peace
for the said county, for that he, the said A. E., did here 10
specify the offence, and the time and place when and where
the same was committed, as the case may be], and we do
adjudge that the said A. E. shall for the said offence forfeit
and shall pay the same

the sum of
immediately, [or, shall pay the same on or before the
day of
] to C. D., being the
Special High Constable appointed under this Act, to be by
him applied according to the directions of the statute in that
case made and provided. Given under our hands the day
and year first above mentioned.

"J. P. and J. J. P."

15

20

And be it Enacted, That no conviction for any offence against this Act shall be quashed for want of form, or be removed by cerwant of form. tiorari or otherwise into any of Her Majesty's Superior Courts of Record; and that no warrant of commitment shall be held void by 25 reason of any defect therein, provided it be therein alleged that it is founded on a conviction, and there be a 'good and valid conviction to sustain the same; and that where any distress shall be made for levying any money by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress or other proceedings relating thereto; nor shall the party distraining be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but the person aggrieved by such irregularity may recover full satisfaction for the special damage (if any) in an action upon the case.

39. Venue; Limitation of Actions; Tender of Amends.

AND for the protection of persons acting in the execution of this
Act;
BE it Enacted, That all actions and prosecutions to be com-
menced against any person for any thing done in pursuance of this
Act, shall be laid and tried in the county where the fact was com-
mitted, and shall be commenced within Six calendar Months after
the fact committed, and not otherwise; and notice in writing of
such cause of action shall be given to the defendant One calendar

Month

30

35

40

5

Month at the least before the commencement of the action; and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit or discontinue any such action after issue joined, or if, 10 upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs 15 against the defendant, unless the Judge before whom the trial is had shall certify his approbation of the action and of the verdict obtained thereupon.

Provided always, and be it Declared, That nothing in this Act contained is intended or shall be construed to abrogate, control or 20 affect the provisions of the Act passed in the second year of the reign of his late Majesty, for amending the laws relative to the appointment of Special Constables, or to repeal, take away or abridge any powers of Justices of the Peace for preserving the public peace, or to alter or affect the office, appointment, duties, powers, authorities, 25 immunities and responsibilities of Special Constables, as now held, possessed and enjoyed by such Constables by virtue of the common law of this realm, or of any statute or statutes, further than as is herein before expressly declared.

41.

Interpretation meaning of

Clause;

66

Division," "Parish,"

And be it Enacted, That in construing this Act, the word "Divi30 sion" shall be construed to mean Division, Hundred, Riding, Wapentake, Ward, Rape, Lathe, Liberty, Franchise, or any other separate District or Division of a county for which Justices in Petty Session "Overseer." of Justices are acting for the time being; and that the word "Constables" shall be deemed to include all Tithing-men, Borsholders, 35 Boroughheads, Headboroughs and Chief-pledges; and that the word "Parish" shall be deemed to include any Parish, Township, Vill, Hamlet, Tithing, Liberty, Precinct, Chapelry, Extra-parochial place, or any place maintaining its own poor, or for which any common law Constable shall have been elected or appointed; and the words "Overseer of the Poor" shall be construed to mean all persons who execute the duties of overseers of the poor; and that the meaning of the several words in this Act shall not be restricted, although the same may be referred to in other parts of the Act in the singular number only; and that no misnomer or inaccurate description of any

40

42. Act may be amended

5

thing, person or place shall hinder the full operation of this Act
with respect to such thing, person or place, provided the description
of such thing, person or place be such as to be commonly under-
stood; and that nothing herein contained shall extend to any part
of the Metropolitan Police District, or to any counties or divisions
of counties which shall have adopted the provisions of the Act passed
in the second and third years of the reign of Her present Majesty,
intituled, "An Act for the Establishment of County and District
Constables, by the Authority of Justices of the Peace," or to any
borough incorporated under an Act passed in the sixth year of the 10
reign of his late Majesty, intituled, "An Act to provide for the
Regulation of Municipal Corporations in England and Wales,"
provided such borough has a separate Court of Quarter Sessions of
the Peace and a Commission of the Peace.

And be it Enacted, That this Act may be amended, altered or 15 passed in this present Session of Par

during present repealed by any Act to be

A

BILL

For the Appointment and Payment of Parish
Constables in England and Wales.

[Note.-The Words printed in Italics are proposed to be inserted in the Committee.]

5

HEREAS it is expedient, with a view to the more effectual Preamble. administration of the Laws, that efficient and proper persons

should be appointed to act as Constables in the several Parishes and Townships of England and Wales, and that provision should be made to compensate them for the performance of their duties; BE it therefore Enacted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT within Two Months after the 10 passing of this Act, and on the Twenty-fifth day of March in the next and every succeeding year, it shall be lawful for Her Majesty's Justices of the Peace acting in and for any County in England and Wales, in Petty Sessions assembled, in case they shall so think fit, to direct their Clerk to issue precepts to the Overseers of the Poor of every Parish 15 within the division or district for which such Justices shall act, requiring such Overseers, within Fourteen Days after the date of the precept so to be issued to them respectively, to make out and return to the said Justices a list containing the names of such number of persons as shall be specified therein, being resident within the Parish to which 20 the list shall relate, and qualified to serve the office of Constable.

And be it Enacted, That it shall be lawful for such Justices to select from the lists so returned the names of such number of persons as they shall deem necessary (having regard to the extent and population

1.

Justices in

Months

Petty Sessions within after the passing of the Act, and on Machin succeeding direct their Precepts to

the 25th of

years, may

Clerk to issue

the Overseers within the Petty Sessions

Division, requiring them

to return a

List of Resi

dents within

their Parishes qualified to

serve as Constables.

Constables.

sary to act as of the Parish), to act as Constables within the Parish, and also within. the County in which the Parish is situate, during the year then ensuing.

3.

Persons se

lected as

And be it Enacted, That such Justices shall cause the persons so to Constables to be selected by them as aforesaid, to be summoned to appear before 5 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)

appear before

the Justices,

and to take an Oath of Office.

4.

List of Constables appointed to be sent to each

"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 [or, Township] of
for the year 10

ensuing, or until another shall be sworn in my place, accord-
ing to the best of my knowledge and ability.

"So help me GOD."

And be it Enacted, That within Seven Days after the appointment of such Constables, the Clerk to the Justices shall send to every acting 15 Justice a list, containing the names of all Constables so appointed in the division or district of such Justice; and the Overseers of the of Constables Poor shall affix to the door of their respective parish churches, a list of the names of the Constables appointed in their respective Parishes.

acting Justice; and

Parish Lists

to be affixed

to Churchdoors.

5.

The Parishi

And be it Enacted, That it shall be lawful for the parishioners, in 20 oners in Ves- public vestry assembled, in any Parish where Constables shall be appointed under this Act, if they shall think fit, to give to such Constable an allowance or stipend, not exceeding

try may agree upon an annual Allowance to each Constable.

6.

Justices may

bles to patrol and keep watch.

by the year.

And be it Enacted, That it shall be lawful for any

or more 25

order Consta- Justices of the Peace, upon being required so to do, and upon good and sufficient cause being shown to the satisfaction of such Justices, to order the Constables of any Parish to patrol and keep watch for such time and for such purposes as the said Justices may direct.

7.

Table of Fees

to be prepared by Justices in Petty Ses

sions, and submitted to Jus

tices at Gene

ral or Quarter

Sessions for approval or alteration.

And be it Enacted, That the Justices of the Peace, in Petty Sessions 30 assembled, shall and they are hereby required to prepare a Table of Fees to be paid to Constables appointed under this Act; and such Table of Fees shall be forthwith transmitted to the Clerk of the Peace

for the County, and by him be laid before the Justices assembled at the next General or Quarter Sessions of the Peace, for their approval, 35 to be certified by the signature of their Chairman, after such alterations (if any) shall have been made in the said Table of Fees as to the said Allowances to Justices shall seem fit; and all allowances to Constables shall, from after the scale and after the approval of such Table as aforesaid, be paid according in the Table, to the scale therein set forth, upon the order of Two Justices in Petty

Constables

to be paid by

the Overseer,

Sessions,