company duly authorized by the company to receive the same, shall be liable to be imprisoned in any gaol or house of correction as aforesaid, with or without hard labour, for any time not exceeding one calendar month; and it shall be lawful for any justice of the peace to issue his warrant to search for and seize, to the use of such company, all the clothing, accoutrements, appointments, and other necessaries which shall not be so delivered over, wherever the same may be found. 3 & 4 Vict. c. 50, s. 5.

Assaulting them.] Every person who shall assault or resist any constable appointed as aforesaid in the execution of his duty, or who shall aid or incite any person so to assault or resist, shall for every such offence be liable to a penalty not more than ten pounds, or, in the discretion of the magistrate before whom he shall be convicted, may be imprisoned in any gaol or house of correction as aforesaid, with or without hard labour, for any time not more than two calendar months. 3 & 4 Vict. c. 50, s. 6.

Actions against them.] All actions and prosecutions to be commenced against any person for anything done in pursuance of this Act, shall be laid and tried in the county where the fact was committed, 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 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 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 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. 3 & 4 Vict. c. 50, s. 18.

6. SPECIAL CONSTABLES.

In what cases and how appointed, 88.

Refusal to be sworn or to serve, 89.

Where and how they may act, 90.

Service determined, 91.

Their allowance and expenses, 92.

Assaulting or resisting them,

93.

Special constables in boroughs, 93.

In what cases and how appointed.] In all cases where it shall be made to appear to any two or more justices of the peace of any county, riding, or division having a separate commission of the peace, or to any two or more justices of the peace of any liberty, franchise, city, or town in England or Wales, upon the oath of any credible witness, that any tumult, riot, or felony has taken place or may be reasonably apprehended in any parish, township, or place situate within the division or limits for which the said respective justices usually act, and such justices shall be of opinion that the ordinary officers appointed for preserving the peace are not sufficient for the preservation of the peace, and for the protection of the inhabitants and the security of the property in any such parish, township, or place as aforesaid, then and in every such case such justices, or any two or more justices acting for the same division or limits, are hereby authorized to nominate and appoint, by precept in writing under their hands, so many as they shall think fit of the householders or other persons (not legally exempt from serving the office of constable-see ante, p. 49,) residing in such parish, township, or place as aforesaid, or in the neighbourhood thereof, to act as special constables, for such time and in such manner as to the said justices respectively shall seem fit and necessary for the preservation of the public peace, and for the protection of the inhabitants, and the security of the property in such parish, township, or place; and the justices of the peace who shall appoint any special constables, by virtue of this Act, or any one of them, or any other justice of the peace acting for the same division or limits, are and is hereby authorized to administer to every person so appointed the following oath ; (that is to say,)

I, A. B., do swear, that I will well and truly serve our sovereign [Lady the Queen] in the office of special constable for the parish [or township] of · without favour or affection, malice or ill-will; and that I will to the best of my power cause the peace to be kept and preserved, and prevent all offences against the persons and properties of Her Ma

jesty's subjects; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law.

So help me God.

Provided always, that whenever it shall be deemed necessary to nominate and appoint such special constables as aforesaid, notice of such nomination and appointment, and of the circumstances which have rendered such nomination and appointment expedient, shall be forthwith transmitted by the justices making such nomination and appointment to one of Her Majesty's principal secretaries of state, and to the lieutenant of the county. 1 & 2 W. 4, c. 41, s. 1.

And in any case in which any number of the householders, or other persons not legally exempt from serving the office of constable, shall have been appointed by the justices in manner aforesaid to act as special constables for any such parish, township, or place as aforesaid, it shall be lawful for any one of Her Majesty's principal secretaries of state, on the representation of any two justices of the peace, to order that the persons exempt by law from serving as special constables in such parish, township, or place, or the neighbourhood thereof, shall, notwithstanding such exemption, be appointed, and sworn in to act as special constables as if they were not by law exempt; and such persons shall accordingly be appointed and sworn in manner aforesaid, and shall be liable to act for two calendar months only. 1 & 2 W. 4, c. 41, s. 2.

Also, it shall be lawful for any one of Her Majesty's principal secretaries of state to give direction to the lieutenant of any county to cause special constables to be appointed and sworn in manner aforesaid throughout the whole of such county, or any portion thereof, whether a hundred or hundreds, parish or parishes, or any other known division or divisions, of whatever size or denomination, and to signify, if such secretary of state shall see fit, that no person shall be excused from being so appointed and sworn in by reason of any exemption: provided always, that the person so appointed and sworn in, whether having cause of exemption or not, shall only be called upon to act for three calendar months. 1 & 2 W. 4, c. 41, s. 3.

Refusal to be sworn or to serve.] And if any person, being appointed a special constable as aforesaid, shall refuse to take the oath hereinbefore mentioned, when thereunto required by the justices of the peace so appointing him, or by any two of them, or by any other two justices of the peace acting for the same division or limits, he shall be liable to be convicted thereof forthwith before the said justices so requiring him, and to forfeit and pay such sum of money, not exceeding five

pounds, as to the said justices so requiring him shall seem meet. 1 & 2 W. 4, c. 41, s. 7. And if any person being appointed a special constable as aforesaid shall neglect or refuse to appear at the time and place for which he shall be summoned for the purpose of taking the said oath, he shall be liable to be convicted thereof forthwith before the justices so appointing him or any two of them, or before any other two justices of the peace acting for the same division or limits, and to forfeit and pay such sum of money not exceeding five pounds, as to the convicting justices shall seem meet, unless such person shall prove to the satisfaction of the said justices that he was prevented by sickness or such other unavoidable accident as shall in the judgment of the said justices be a sufficient excuse. Id.

And if any person, being appointed a special constable as aforesaid, and being called upon to serve, shall neglect or refuse to serve as such special constable, or to obey such lawful orders and directions as may be given to him for the performance of the duties of his office, every person so offending shall, on conviction thereof before any two justices of the peace, forfeit and pay for every such neglect or refusal such sum of money not exceeding five pounds as to the said justices shall seem meet, unless such person shall prove to the satisfaction of the said justices that he was prevented by sickness or such other unavoidable accident as shall in the judgment of the said justices be a sufficient excuse. 1 & 2 W. 4, c. 41, s. 8.

Where and how they may act.] Every special constable appointed under this Act shall, not only within the parish, township, or place for which he shall have been appointed, but also throughout the entire jurisdiction of the justices so appointing him, have, exercise, and enjoy all such powers, authorities, advantages, and inmunities, and be liable to all such duties and responsibilities, as any constable duly appointed now has within his constablewick by virtue of the common law of this realm, or of any statute or statutes. 1 & 2 W. 4, c. 41, 8. 5. As to the duties of constables generally, see post, p. 94.

And the justices of the peace who shall have appointed any special constables under this Act, or any two of them, or the justices acting for the division or limits within which such special constable shall have been called out, at a special session of such last-mentioned justices or the major part of such last-mentioned justices at such special session, shall have power to make such orders and regulations as may from time to time be necessary and expedient for rendering such special constables more efficient for the preservation of the public peace, and shall also have power to remove any such special constable from his office for any misconduct or neglect of duty therein. 1 & 2 W. 4, c. 41, s. 4.

And where any special constables appointed under this Act shall be serving within any county, and two or more justices of the peace of any adjoining county shall make it appear to the satisfaction of any two or more justices of the peace acting for the division or limits wherein such special constables are serving, that any extraordinary circumstances exist which would render it expedient that the said special constables should act in such adjoining county, then and in every such case the said last-mentioned justices are hereby authorized (if they shall think fit) to order all or any of the said special constables to act in such adjoining county in such manner as to the said last-mentioned justices shall seem meet; and every such special constable, during the time that he shall so act in such adjoining county, shall have, exercise, and enjoy all such powers, authorities, advantages, and immunities, and be liable to all such duties and responsibilities, as if he were acting within the parish, township, or place for which he was originally appointed. 1 & 2 W. 4, c. 41, s. 6.

Service determined.] The justices who shall have appointed any special constables under this Act are hereby empowered, -or the justices acting for the division or limits within which such special constables shall have been called out, at a special session to be held for that purpose, or the major part of such last-mentioned justices at such special session, are hereby empowered-to suspend or determine the services of any or all of the special constables so called out, as to the said justices respectively shall seem meet; and notice of such suspension or determination of the services of any or all of the said special constables shall be forthwith transmitted by such respective justices to one of Her Majesty's principal secretaries of state, and also to the lieutenant of the county. 1 & 2 W. 4, c. 41, s. 9. Special constables, once appointed, continue to have all the authority of constables until their services are actually determined by the justices under this section. R. v. Porter et al., 9 Car. & P. 778.

Every special constable, within one week after the expiration of his office, or after he shall cease to hold and exercise the same pursuant to this Act, must deliver over to his successor (if any such shall have been appointed), or otherwise to such person and at such time and place as may be directed by any justice of the peace acting for the division or limits within which such special constable may have been called out, every staff, weapon, and other article which shall have been provided for such special constable under this Act; and if any special constable shall omit or refuse so to do, he shall, on conviction thereof before two justices of the peace, forfeit and pay for such offence such sum of money not exceeding