two pounds as to the convicting justices shall seem meet. 1 & 2 W. 4, c. 41, s. 10. Their allowance and expenses.] The justices of the peace acting for the division or limits within which any such special constables shall have been called out to serve at a special session to be held for that purpose,-or the major part of the justices at such special session,-are empowered to order from time to time such reasonable allowances for their trouble, loss of time, and expenses, to be paid to such special constables who shall have so served or be then serving, as to the said justices or such major part of them shall seem proper; and the justices or such major part of them may also order the payment of such expenses as may have been incurred in providing staves or other necessary articles for such special constables; -and the said justices so ordering, if justices for any county, riding, or division having a separate commission of the peace, or if justices for any liberty, franchise, city, or town which shall be contributory to the public rate for any county, riding, or division, shall make every order for the payment of such allowances and expenses upon the treasurer of such county, riding, or division, who is hereby required to pay the same out of any public money which shall then be in his hands, and the said treasurer shall be allowed all such payments in his accounts;-and where the justices of the peace assembled at such special session are justices for any liberty, franchise, city, or town which is not contributory to the public rate for any county, riding or division, but which raises a rate or other similar fund in the nature of a county rate, in every such case the said last-mentioned justices shall make every order for the payment of such allowances and expenses as aforesaid upon the treasurer or other officer having the collection or disbursement of such last-mentioned rate or fund, who shall forthwith pay every such order out of such rate or fund, and shall be allowed all such payments in his accounts. 1 & 2 W. 4, c. 41, s. 13. Or if it be made to appear to any two or more justices of the county, &c., on the oath of three or more credible witnesses, that the appointment of such special constables has been occasioned "by the behaviour, or by reasonable apprehension of the behaviour, of the persons employed upon any railway, canal, or other public work, made or carried on under the authority of Parliament, within the district or division for which such justices usually act," the justices, at any time not exceeding one month after such appointment, may make orders from time to time upon the treasurer or other officer who shall have the control or custody of the funds of the company making the railroad, &c., for payment of such reasonable allowances to such special constables (not exceeding 58. a day each), for their trouble, loss of time, and expenses, as to the justices shall seem proper; a copy of which order shall be sent by the justices to one of the principal secretaries of state, and if allowed by him it shall be binding on the company, &c. 1 & 2 Vict. c. 80, s. 1. The secretary of state, however, may disallow the order altogether, or in part, in which case the expenses shall be paid or made up out of the rate for the county, &c. Id. s. 2. The amount ordered and allowed, two justices may cause to be levied by distress upon the goods and chattels belonging to the company. 1 & 2 Vict. c. 80, s. 3. Assaulting or resisting them.] If any person shall assault or resist any constable appointed by virtue of this Act, whilst in the execution of his office, or shall promote or encourage any other person so to do, every such person shall, on conviction thereof before two justices of the peace, forfeit and pay for such offence any sum not exceeding twenty pounds, or shall be liable to such other punishment, upon conviction on any indictment or information for such offence, as any persons are by law liable to for assaulting any constable in the execution of the duties of his office. 1 & 2 W. 4, c. 41, s. 11. Special constables in boroughs.] Any two or more of the justices of the peace, having jurisdiction within any borough, are hereby authorized and required, in the month of October in every year, to nominate and appoint, by precept in writing, under their hands, so many as they shall think fit of the inhabitants of such borough (not legally exempt from serving the office of constables), to act as special constables within such borough whensoever they shall be required by the warrant of any of the justices of the peace having jurisdiction within such borough so to act, and not otherwise; and every such warrant shall recite that in the opinion of the justice granting the same, the ordinary police force of the borough is insufficient at that time to maintain the peace of the borough; and every person so appointed a special constable shall take the oath set forth in stat. 1 & 2 W. 4, c. 41 (ante, p. 88), and shall have the powers and immunities and be liable to the duties and penalties enacted by the said last-mentioned Act; and every person so appointed a special constable shall receive, out of the borough fund, for every day during which he shall be called out to act as such, the sum of three shillings and sixpence, and no more. 5 & 6 W. 4, c. 76, s. 83. This, however, does not operate as a repeal of stat. 1 & 2 W. 4, c. 41, with respect to boroughs; but the justices of a borough may still, when it becomes necessary, appoint special constables under stat. 1 & 2 W. 4, c. 41, in the same manner as justices in counties. Hulton, 19 Law J. 32, m. R. v. 7. DUTIES OF CONSTAbles. As to ale-houses and beer- | Coroner's jury, summoning, County rate, 107. Distress for rent, 108. billeting troops on service, 109; billeting the guards, 111; offences with respect to billeting, 111. Militia, 112. Prosecuting disorderly houses, gaming houses, &c., 114. Search warrant, 115. Summons, service of, 116. Warrant to apprehend, on an information or complaint, 116. Warrant of distress upon a conviction, &c., 117; how executed,117; in what cases backed, 117; how returned, 118. Warrant of commitment on a conviction or order, 118. By stat. 5 & 6 Vict. c. 109 (under which petty constables are appointed, as mentioned ante, p. 51), it is enacted by sect. 15, that 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 that in those counties in which any chief constable or superintendent shall have been appointed under the authority of the 3 & 4 Vict. c. 88, the constables appointed under 5 & 6 Vict. c. 109, 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. Their Duties. As to Ale-houses and Beer-houses. By stat. 9 G. 4, c. 61, s. 2, after providing that a petty session shall be holden in each division, for appointing a day and place for holding the annual licensing meeting, it is enacted that the justices shall direct a precept to the high constable of the division or place for which such meeting is to be holden, requiring him, within five days next ensuing that on which he shall have received such precept, to order the several petty constables or other peace officers within his constablewick to affix or cause to be affixed on the door of the church or chapel, and where there shall be no church or chapel, on some other public and conspicuous place within their respective districts, a notice of the day, hour, and place at which such meeting is appointed to be holden, and to give to or to leave at the dwelling-house of each and every justice acting for such division or place, and of each and every person keeping an inn, or who shall have given notice of his intention to keep an inn, and to apply for a licence to sell exciseable liquors by retail, to be drunk or consumed on the premises, within their respective districts, a copy of such notice. 9 G. 4, c. 61, s. 2. And by stat 4 & 5 W. 4, c. 85, s. 7, all constables and officers of police are authorized and empowered to enter into all houses which are or shall be licensed to sell beer or spirituous liquors, to be consumed upon the premises, when and so often as such constables and officers shall think proper; and if any person having such licence as aforesaid, or any servant or other person in his employ or by his directions, shall refuse to admit or shall not admit such constable or officer of police into such house or upon such premises, such person having such licence shall for the first offence forfeit and pay any sum not exceeding 5l., together with the costs of the conviction, to be recovered within twenty days next after that on which such offence was committed, before one or more justices of the peace; and it shall be lawful for any two or more justices, before whom any such person shall be convicted of such offence for the second time, to adjudge (if they shall so think fit) that such offender shall be disqualified from selling beer, ale, porter, cider, or perry by retail for the space of two years next after such conviction, or for such shorter space of time as they may think proper. 4 & 5 W. 4, c. 85, s. 7. Where the keeper of an inn, ale-house or victualling-house, and duly licensed to sell exciseable liquors by retail, has already been convicted of two offences against his licence, and is charged with having subsequently committed a third offence against it,-it is provided by stat. 9 G. 4, c. 61, s. 22, that where the justices assembled at any special session, or at any general annual licensing meeting, shall direct that the charge against any person licensed shall be adjourned to the general or quarter sessions, it shall be lawful for such justices, if no other fit and proper person shall appear to prosecute such charge, and to carry on such proceedings as may be necessary to obtain at such session an adjudication thereon, to order that the constable or other peace officer of the parish or place, in which shall be situate the house kept by the person so charged, shall carry on all proceedings necessary to obtain such adjudication as aforesaid, and to bind such constable or other peace officer in a sufficient recognizance so to do: and the justices before whom such charge shall have been heard, may order the treasurer of the county to pay such constable or other peace officer, and to the witness or witnesses on his behalf, such sum or sums of money as to the court shall appear to be sufficient to reimburse the expenses that the constable and witnesses shall have been severally put to in and about such prosecution; which order the clerk of the peace is forthwith to make out and to deliver to the constable, or to the witness or witnesses; and the treasurer is, upon sight of such order, forthwith to pay such money. Apprehending Offenders without Warrant. In the act of committing the offence.] All constables,indeed every person, private individuals as well as constables, -present when a felony is committed or a dangerous wound given, not only may apprehend the offender, but they are bound to do so. 2 Hawk. c. 12, s. 1; 1 East, P. C. 377, s. 1. If a private person be present at an affray, he may stay the affrayers until the heat is over, and then deliver them over to the constable, and he may stop others coming to join either party (2 Hawk. c. 13, s. 8); and a constable, of course, may act in like manner, and may keep any of the affrayers in safe custody until he can bring them before a justice of the peace. But after the affray is ended, the parties cannot be arrested without warrant. 2 Hawk. c. 13, s. 8; Id. c. 12, s. 20; 2 Inst. 52. And where an assault was committed in the presence of a constable, it was holden that a private person present at the time might lawfully give the offender in charge to the constable. Derecourt v. Corbishley, 24 Law J. 313, qb. In all cases of offences against stat. 7 & 8 G. 4, c. 29 (Peel's Act, Larceny, &c.), it is enacted, that any person found committing any offence punishable, either upon indictment or upon summary conviction, by virtue of that Act (except only the offence of angling in the day time), may be immediately apprehended, without a warrant, by any peace officer, or by any owner of the property on or with respect to which the |