Imatges de pàgina
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last day of every calendar month inclusive; excepting in the case of the month of March, when it shall be made up to the 25th, and in that of the month of September, when it shall be made up to the 29th; so that any receipts or payments on the remaining days of those months respectively shall be included in the next monthly statement; and he shall forthwith deliver a copy of such statement, signed by himself, to one or more of the overseers and another to the board of guardians at their next ordinary meeting.

Provided that the board of guardians or the overseers of the parish may, if they think fit, require a statement containing the several particulars set forth in the said form, to be made out and delivered to them respectively every week or fortnight; and the clerk to the guardians shall preserve the copies forwarded to the board of guardians, and shall produce the same to the auditor at the next audit.

Art. 9. The collector shall at each audit produce to the auditor an unpaid rates statement showing the name of every person rated to the relief of the poor in respect of whom there shall be, at the end of the half year for which the audit is being held, any arrear of the rate made immediately before that in the course of collection at that time, with the other particulars according to the form set forth in the schedule to the order.

His salary.] The order also provides that the board of guardians shall pay to the officer appointed to the office under this order, a salary at and after the rate of £num, and shall charge the same to the said parish.

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The salary of such officer shall be payable up to the day on which he ceases to hold such office, and no longer, and shall be paid by equal periodical payments in like manner as the salaries of the other paid officers of the union are paid, with a proportionate sum to be paid to his executors or administrators in case he shall die while holding such office.

No collector who may be suspended, and who shall, upon such suspension, resign, or be removed by the poor law board, shall be entitled to any salary from the date of such suspension; and no such officer who shall be temporarily suspended from his office by reason of his services not being required, shall be entitled to any salary pending such temporary suspension.

Security.] That every person appointed to such office shall give a bond in such penal sum as the said guardians shall think fit, in the names of himself and two sufficient sureties, not being officers of the said union, conditioned for the due and faithful performance of the duties of the office; and every such officer shall give immediate notice to the said guardians

of the death, insolvency, or bankruptcy of either of such sureties, and shall, when required by the said guardians, produce a certificate, signed by two householders, that his sureties are alive and believed by them to be solvent, and shall supply a fresh surety in the place of any such surety who may die, or become bankrupt or insolvent. Provided that the guardians

may, if they think fit, take the security of any society or company expressly authorized by statute to guarantee or secure the faithful discharge of the duties of any poor law officer.

Continuance in office, &c.] And that every officer appointed under this order shall continue to hold the said office until he shall die, or resign, or be removed by the poor law board, or be proved to be insane by evidence which such board shall deem satisfactory; and upon such death, resignation, removal, or insanity of any such officer, the said guardians shall give notice thereof to the poor law board, and proceed to appoint some person in his place, according to the provisions of this order.

The said guardians may, at their discretion, suspend from the discharge of his duties any such collector, and shall, in case of every such suspension, forthwith report the same, together with the cause thereof, to the poor law board, for the decision of the poor law board thereon; and in every case of resignation the said guardians shall transmit to the poor law board a statement of the cause of such resignation, so far as it may be known to them.

If any officer appointed under this order be at any time prevented by sickness or accident, or other sufficient reason, from the performance of his duties, the guardians may appoint a fit person to act as his temporary substitute, and may pay such person a reasonable compensation for his services; and every such appointment, with a statement of the circumstances which have led to it, shall be reported to the poor law board as soon as the same shall have been made.

As to their accounting, &c., and their punishment for embezzlement, or for not obeying the orders of justices and guardians, &c., see post, tit. " Paid Officer."

CONSTABLES.

1, Petty Constables, p. 49.
2. Constables in Boroughs, p. 62.

3. County Constables, p. 66.

4. Borough and County Constables Consolidated, p. 81.

5. Constables on Canals and Navigable Rivers, &c. p. 83.

6. Special Constables, p. 88.

7. Duties of Constables, p. 94.

1. PETTY CONSTABLES.

1. Who may be, 49.

2. How chosen and sworn into office, 51.
3. Lock-up houses, 57.

4. Their fees, allowances, &c. 58; their ordinary fees,
allowances, &c. 58; expenses on account of parish,
59.

5. Their punishment for offences, 59;-extortion, 59,
false imprisonment, 59, neglect of duty or disobey-
ing orders of justices, 60, permitting escape, 60.
6. Constables, how protected, 61;-actions against them,
61; assaulting them, 61; killing them, or being
killed by them, 61.

1. Who may be.

Who qualified, 49.

Who exempted, 49.

Who disqualified, 50.

Who qualified.] Every able-bodied man resident within the parish, between the ages of twenty-five years and fifty-five years, rated to the relief of the poor, or to the county rate, on any tenements of the net yearly value of four pounds or upwards (except such persons as shall be exempt or disqualified as hereinafter mentioned), shall be qualified and liable to serve as constable of that parish. 5 & 6 Vict. c. 109, s. 5.

Who exempted.] All peers;-all members returned to serve in the commons house of parliament;-all judges of Her Majesty's courts of record at Westminster ;-all justices of the

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peace ;-all deputy lieutenants;-all clergymen in holy orders; -all priests of the roman catholic faith who shall have duly taken and subscribed the oaths and declarations required by law;-all persons who shall teach or preach in any congregation of protestant dissenters, whose place of meeting is duly registered, and who shall follow no secular occupation, except that of a schoolmaster, producing a certificate of some justice of the peace of their having taken the oaths and subscribed the declaration required by law;—all schoolmasters ;-all serjeants and barristers at law actually practising ;-all members of the society of doctors at law and advocates of the civil law actually practising;-all attorneys, solicitors, and proctors duly admitted in any court of law or equity, or of ecclesiastical or admiralty jurisdiction, in which attorneys, solicitors, and proctors have usually been admitted, actually practising, and having duly taken out their annual certificates ;-all conveyancers and special pleaders below the bar ;-all officers of any such courts actually exercising the duties of their respective offices, -all coroners, gaolers, and keepers of houses of correction ;— all members and licentiates of the royal college of physicians in London, actually practising ;-all surgeons, being members of one of the royal colleges of surgeons in London, Edinburgh, or Dublin, and actually practising; all apothecaries, having obtained a certificate to practise as an apothecary from the master, wardens, and society of apothecaries of the city of London, and actually practising;-all officers in Her Majesty's navy or army on full pay;-all persons enrolled and serving in any corps of yeomanry under officers having commissions from Her Majesty, or lieutenants of counties, or others specially authorized by Her Majesty for that purpose ;-all pilots licensed by the Trinity-house of Deptford, Stroud, Kingston-upon-Hull, or Newcastle-upon-Tyne, and all masters of vessels in the buoy and light service employed by either of those corporations; -and all pilots licensed by the lord-warden of the cinque ports, or under any Act of parliament or charter for the regulation of pilots in any other port;-all the household servants of Her Majesty ;-all officers of customs and excise ;—all sheriffs and sheriffs' officers;-all high constables ;-the clerks of the boards of guardians of the poor;-the masters of all union workhouses;-all county or district constables;-all parish clerks ;—all registrars and superintendent registrars of births, deaths, and marriages;-all churchwardens, overseers, and relieving officers;-[and all post-masters and persons employed in the business of the post office, 13 & 14 Vict. c. 20, s. 5.]-shall be freed and exempt from serving the office of constable under this Act. 5 & 6 Vict. c. 109, s. 6.

Who disqualified.] All licensed victuallers and persons licensed to deal in any exciseable liquors or to sell beer by

retail,-all gamekeepers,-and all persons who have been attainted of any treason or felony, or convicted of any infamous crime, shall be disqualified from serving the office of constable under this Act. 5 & 6 Vict. c. 109, s. 7.

2. How chosen and sworn into Office.

Special sessions, 52.
Precepts to the overseers, 52.
Lists by vestry, 52.
Union of parishes for the
purpose, 52.

Overseers to return the lists,
53.

Appointment, 54.
Swearing in, 54.

Substitutes, 54.

Lists of those appointed, 55.
Refusing to serve, 55.
Vacancy by death, refusal to
serve, &c., 55,

Paid constables, in what cases,
and how appointed, 56.
Superintendents, 57.

Formerly constables were usually appointed at the court leet, or, in default thereof, by justices of the peace; sometimes otherwise by statute or custom. But now by stat. 5 & 6 Vict. c. 109, s. 21, no petty constable, headborough, borsholder, tithingman, or peace officer of the like description under any name of office, shall be appointed for any parish, township or vill within the limits of the Act, except for the performance of duties unconnected with the preservation of the peace or with the execution of the Act, at any court leet or torn, or otherwise than under the provisions of the Act, or under the provisions of stat. 2 & 3 Vict. c. 93 (post, p. 67), or of some Act passed for the amendment thereof. But nothing herein contained shall be taken to prevent the appointment of special constables,-or to apply to the city of London or the metropolitan police district, or to any borough which is within the provisions of the Municipal Corporation Act, 5 & 6 W. 4, c. 76, or of any charter granted in pursuance of that Act, or of any Act made for the amendment thereof,-or to any parish, town, or place in which rates are or shall be levied for the payment of constables, under the provisions of stat. 3 & 4 W. 4, c. 90, or of any local Act specially applying to such parish, town, or place; and that nothing herein before contained shall be taken to apply to the county palatine of Chester. 5 & 6 Vict. c. 109, s. 21. And when a parish is partly within, partly without such exempted place, only those residing within the exempted part of the parish shall be exempt from serving as constables under the above Act. 7 & 8 Vict. c. 52, s. 4. Also, by stat. 2 & 3 Vict. c. 93, s. 25, upon the appointment of constables for a county, the power to appoint and pay, and to make rates for paying any constables in any hundred, parish, township, or place within such

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