county, except boroughs incorporated under the provisions of stat. 5 & 6 W. 4, c. 76, other than high constables, or other than special constables; provided however that nothing herein contained shall prevent the appointment of parochial constables.

Special sessions.] On some day after the twenty-fourth of March and before the ninth of April in each year, the justices of the peace of every county in England [and of every liberty in England having a separate commission of the peace, and not being an incorporated borough, 7 & 8 Vict. c. 52, s. 1,] shall hold a special petty session of the peace in their several divisions for the appointment of parochial constables, of which session due notice shall be given [by the clerk to the justices, 13 & 14 Vict. c. 20, s. 4] to every justice usually acting in that division. 5 & 6 Vict. c. 109, s. 1.

Precepts to the overseers.] The justices shall, within the first seven days of February in each year, issue a precept under the hands of any two of them, to the overseers of each parish, [township, &c.] within the division, requiring them to make out and return, before the twenty-fourth of March in each year, a list in writing of a competent number of men within their respective parishes, &c., qualified and liable to serve as constables, and also to perform all other requisitions in the said precepts contained; and with the said precept shall be given notice to the said overseers of the time and place where such special session of the peace as aforesaid will be holden. 5 & 6 Vict. c. 109, s. 2.

Lists by vestry.] The overseers of every parish, [township, &c.] upon the receipt of such precept, shall summon a meeting of the inhabitants in vestry, to be holden within fourteen days after the receipt of the said precept; and the vestry at such meeting shall make out a list in writing of such number as shall be named in the precept of men residing within their ▾ parish, &c., 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: but the vestry may annex to the 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. 5 & 6 Vict. c. 109, s. 3.

In parishes in which the Vestries Act (13 & 14 Vict. c. 57) is in force, the lists of constables are to be made out and published by the vestry clerk of the parish (s. 7).

Union of parishes for the purpose.] It shall be lawful

for the justices at a special petty session of the peace to be holden for that purpose, at any convenient time before the issuing of such precept as aforesaid (of which lastmentioned session due notice shall be given to every justice usually acting within the division), to make an order for uniting any parish or parishes, [townships, &c.] whenever they shall think it expedient, to any parish [or township, &c.] adjoining thereto, or for the annexing of any extra-parochial places to any parish adjoining thereto, for the purposes of this Act; and a copy of such order shall be served on the overseers of every parish, &c., so united, and also on the overseers of such adjoining parish, &c., and every such extraparochial place so annexed, with the precept herein before mentioned; and every such parish or extra-parochial place so united to any adjoining parish shall thenceforward be deemed, for all the purposes of this Act, to be a part of such adjoining parish, &c.; and the inhabitants thereof shall be entitled to attend and vote at any meeting in vestry for the purposes of this Act of the inhabitants of the parish, &c., to which such parish [or township] is united, as fully as if they were inhabitants of the parish, &c., where such meeting is holden. 5 & 6 Vict. c. 109, s. 4.

Overseers to return the lists.] The overseers of each parish, &c., shall make out true copies of the lists agreed to in vestry; and where any of the persons named in the 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 are to 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 the time and place 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, &c., 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, under a penalty of five pounds. 5 & 6 Vict. c. 109, ss. 8, 9.

And the overseers of each parish, &c., shall attend the special session of the peace to be holden for the appointment of constables in their parish, &c., 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, the 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, may strike his name out of such list; and also 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. 5 & 6 Vict. c. 109, s. 10.

Appointment.] And 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, &c.), to act as constables within the parish, &c. 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, &c. : 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 hereinafter 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. 5 & 6 Vict. c. 109, s. 11.

Swearing in.] 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. 5 & 6 Vict. c. 109, s. 12.

Substitutes.] But 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. 5 & 6 Vict. c. 109, s. 12. This section does not in terms require any particular qualification in the substitute so proposed and sworn. See Re Booth, 18 Law J. 25, m.

Lists of those appointed.] 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, &c. 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, &c. 5 & 6 Vict. c. 109, 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, 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, forfeit and pay for every such offence any sum not more than five pounds. 5 & 6 Vict. c. 109, s. 13.

Vacancy by death, refusal to serve, &c.] In case of the death, disqualification, [or discharge, 13 & 14 Vict. c. 20, s. 1,] 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 constable 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. 5 & 6 Vict. c. 109, s. 16.

Paid constables, in what cases and how appointed.] The vestry assembled for the purpose of making such return as aforesaid, may resolve that one or more paid constables shall be appointed for the parish, &c.; 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. 5 & 6 Vict. c. 109, s. 18.

And the justices upon receiving from any parish a copy of any such resolution, if they shall be satisfied with the amount of salary agreed to be paid, shall appoint so many paid constables to act for the parish, &c., 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. 5 & 6 Vict. c. 109, s. 19. And in case of the death, resignation, or dismissal for misconduct of any