CONSTABULARY FORCE (IRELAND) ACT. 11 & 12 VICT. c. 72. An Act to amend the Acts relating to the Constabulary Force WHEREAS it is expedient to alter and amend several provisions of the Acts relating to the constabulary force in Ireland: Be it 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. Sections 1 and 2 are repealed by the Statute Law Revision Act, 1875 (38 & 39 Vict. c. 66). 11 & 12 Vict. c. 72, ss. 1-3. 3. And whereas by an Act of the ninth and tenth years of the 9 & 10 Vict. reign of her present Majesty, intituled "An Act to provide for c. 97. removing the Charge of the Constabulary Force in Ireland from the Counties, and for enlarging the Reserve Force, and to make further Provision for the Regulation and Disposition of the said Constabulary Force," it was, amongst other matters, provided that the whole cost of the constabulary force, save as therein mentioned, should be paid out of the consolidated fund of the United Kingdom of Great Britain and Ireland: And whereas it is expedient to fix and determine the number of officers and men whose pay and expenses may, under the provisions of the said Act, be wholly charged upon the said consolidated fund for each county, county of a city, or county of a town in Ireland: Be it therefore enacted, Number of that the total number of officers and men wholly chargeable as constabulary aforesaid to the said consolidated fund shall be such as the lord chargeable on lieutenant or other chief governor or governors of Ireland may Fund to be from time to time consider to be required in each county, city, or fixed by lord town, but shall not exceed in any year, after the thirty-first day & of March one thousand eight hundred and forty-eight, the number specified in the Schedule (A.) to this Act annexed, for each county, city, or town named therein. Section 4 is repealed by 29 & 30 Vict. c. 103, s. 12. T. A A Consolidated lieutenant, 11 & 12 Vict. c. 72, 88.5-7. Proportion of sub-inspectors and head constables to additional force appointed on certificate of magistrates, or application from town council of a borough. If constabulary shall be ordered under the authority of 6 & 7 Will. 4, c. 13, to repair to any other place, &c., and absence exceeds five days, the expense to be charged thereto, and paid by presentment. Where constabulary shall be re 5. And be it enacted, that in all cases where an additional constabulary force shall have been certified by the magistrates of any county at large, at any general or special sessions, as now by law provided to be necessary for the due execution of the law within such county, and shall be appointed in conformity with such certificate, and also in all cases where an additional constabulary force shall be appointed for any borough in pursuance of the provisions of the said Act of the third and fourth years of the reign of her present Majesty, it shall be lawful for the lord lieutenant or other chief governor or governors of Ireland to appoint one subinspector for every fifty constables and sub-constables, and one head constable for every twenty-five constables and sub-constables, who may have been so appointed; and the expense of such subinspectors and head constables shall be chargeable upon such county or borough respectively, and be repaid by grand jury presentment, or from the borough fund, in the same manner as the expense of the constables and sub-constables who may have been so appointed. 6. And whereas by an Act passed in the sixth year of the reign of King William the Fourth, intituled "An Act to consolidate the Laws relating to the Constabulary Force in Ireland," the inspector general is authorized, subject to the direction and control of the said lord lieutenant or other chief governor or governors, from time to time as may be deemed expedient, to direct that the whole or any number of the constabulary force of any county, county of a city, county of a town, or town and liberties, shall go and repair to any place or places in any other county or counties, or in any county of a city, or county of a town, or town and liberties: And whereas in the said recited Act of the ninth and tenth years of her present Majesty, among the cases in which it was enacted that counties and districts should still be chargeable in respect of the constabulary force, the case of a portion of the force of one county temporarily sent by the inspector general into another county was not provided for; be it enacted, that whenever any officer or officers, head or other constable or constables, or sub-constable or subconstables, shall be ordered by the inspector general, under the authority of the above-recited provision, to go and repair to any place or places in any county, county of a city, or county of a town, other than that to which he or they may belong or have been appointed, the county, county of a city, or county of a town to which he or they shall be so removed shall, in case the lord lieutenant or other chief governor or governors shall so direct, be charged with a moiety of the expense of each such officer, head constable, constable, or sub-constable during the period of his or their remaining in such last-mentioned county, county of a city, or county of a town; and the amount of such moiety shall be repaid by grand jury presentment, in like manner as any sums payable in respect of the constabulary force. 7. And whereas by an Act of the eighth and ninth years of her present Majesty's reign, intituled "An Act for the Appointment of 11 & 12 Vict. c. 72, ss. 8, 9. 8 & 9 Vict. additional Constables for keeping the Peace near Public Works in Ireland," provision is made for the appointment and payment of additional head and other constables for keeping the peace in certain cases in the neighbourhood of railway works or other public works quired under in Ireland; be it enacted, that whenever such additional head or c. 46, to keep other constables shall have been or shall be appointed and employed the peace near for the purposes and under the provisions of the said last-recited railway Act, the company or other parties carrying on such railway or other public works shall be chargeable for the expense of such head requiring the and other constables as in the said Act provided, but according to same to pay the expense. the proportion of head and other constables herein before provided, save that such company or parties shall be chargeable for the whole and not for the moiety only of such respective rates of charge. 8. And whereas by the said recited Act of the sixth year of the reign of King William the Fourth the inspector general is required to make out a certificate, under his hand, of the amount of the monies chargeable under the provisions of the said Act on each county, county of a city, county of a town, or any part of any county, specifying the force or service in respect whereof such charge may have been incurred, and transmit the same, when approved and certified by the chief or under secretary of the lord lieutenant or other chief governor or governors of Ireland, to the secretary of the grand jury for such county, county of a city, and county of a town, one week before each assizes and presenting term, who shall lay the same before the grand jury: And whereas doubts have arisen in some cases with respect to the sufficiency of certificates which have been laid before grand juries in pursuance of the said last-recited enactment, and it is expedient to provide a form of certificate which shall be sufficient in all such cases; be it therefore enacted, that the certificate to be transmitted by the said inspector general, or by one of his deputies, to the secretary of the grand jury of any county, county of a city, or county of a town, before any assizes or presenting term, and to be laid by the said secretary before the grand jury, shall and may be made in the form contained in the Schedule (B.) to this Act annexed, or to the like effect, and shall not be required to state any further or other particulars than such as appear in the said form; and in case of there being no inspector general, or in case of his absence, any such certificate may be signed by one of the deputy inspectors general, and shall be of like validity. works, com pany, &c. Form of certificate to be laid before grand juries. 9. And be it enacted, that from and after the passing of this Constabulary Act the officers and men of the constabulary force shall have the to act in adjacent same rights, powers, and authorities in and for each of the counties, counties. counties of cities, and counties of towns immediately adjacent to that to which they may have been appointed, as if they had been appointed for such counties, counties of cities, or counties of towns. respectively. 11 & 12 Vict. c. 72, s. 10. c. 13. 2 & 3 Vict. c. 75. 10. And whereas by the said recited Act of the sixth year of the reign of King William the Fourth, intituled "An Act to consolidate the Laws relating to the Constabulary Force in Ireland," it is 6 & 7 Will. 4, enacted, that it shall and may be lawful for the inspector general or deputy inspector general, or any other person or persons to be nominated for the purpose from time to time by the lord lieutenant, or other chief governor or governors of Ireland for the time being, to examine on oath into the truth of any charges or complaints preferred against any person appointed under the said Act of any neglect or violation of duty in his office: And whereas by an Act of the second and third years of the reign of her present Majesty, intituled "An Act for the better Regulation of the Constabulary Force in Ireland," it is enacted, that all witnesses duly summoned by the inspector general or deputy inspector general, or person or persons nominated at any time by the lord lieutenant or other chief governor or governors to inquire pursuant to the above recited provision, shall, during their necessary attendance at such inquiry, and in going to and returning from the same, be privileged from arrest; and that all persons so duly summoned who shall refuse to be sworn, or, being sworn, shall refuse to give evidence or to answer all such questions as may be legally demanded of them, shall forfeit and incur such penalty, not exceeding five pounds, as the said inspector general or deputy inspector general, or persons holding such inquiry, shall direct, and in default of payment thereof shall and may be imprisoned for such period, not exceeding one month, as such inspector general or deputy inspector general, or person or persons holding such inquiry, may direct and adjudge; be it enacted, that from and after the passing of this Act it shall and may be lawful for either of the assistant inspectors general (without any special appointment), or for any county inspector or subinspector who shall be appointed by the inspector general (or in his absence by one of his deputies) to be president of any court of inquiry into the truth of any charges or complaints preferred against any member of the said constabulary force of any neglect or violation of duty in his office, to examine on oath into the truth of such charges or complaints, and to summon any witness or witnesses on such inquiry, and to act in all respects in relation thereto as effectually as can be done under the said recited Acts by the inspector general or a deputy inspector general, or by any person nominated for the purpose of holding such inquiry by the lord lieutenant or other chief governor or governors of Ireland; and the witnesses summoned to attend such inquiry shall have the same privilege from arrest, and shall be subject to the same penalties for false swearing, and for refusing to be sworn, or (being sworn) to give evidence, or to answer all such questions as may be legally demanded of them, as are provided in the said recited Acts: Provided always, that if any fine or imprisonment shall be imposed by the president of any such Court, or person or persons holding such inquiry, upon any person summoned to attend thereat, he or they shall forthwith specially report the same to the lord lieutenant or other chief governor or governors of Ireland. Assistant inspector general, or a county inspector or sub-inspector president by the inspector general or deputy, may inquire and examine on oath into the truth, &c. appointed of charges against constabulary. 11 & 12 Vict. c. 72, ss. 11-13. 11. And whereas by the said recited Act of the sixth year of the reign of King William the Fourth a certain oath is required to be taken by all persons appointed under the said Act, and to be administered by any two magistrates; be it enacted, that from and Oath on after the passing of this Act it shall and may be lawful for the said appointment oath to be taken before and administered by one magistrate. may be taken before one magistrate consent of illness or 12. And whereas by the said recited Act of the sixth year of only. the reign of King William the Fourth the Bank of Ireland is Receiver, with authorized to pay the drafts of the receiver only, countersigned Treasury, may by the inspector general or one of his deputies for constabulary appoint a perservices: And whereas the receiver may, from illness, or from son to act for him, and draw absence on leave granted by the lords of the treasury, be unable to on the Bank draw such drafts, by which great inconvenience may arise to the of Ireland, in public service, and for which no provision is made; be it therefore case of his enacted, that the said receiver shall submit for the approval of the absence. commissioners of her Majesty's treasury the name of a person to act for and under the responsibility of the said receiver and of his sureties during his illness or in his absence; and when the commissioners of her Majesty's treasury, or any three of them, shall signify to him their approval of such person to act as aforesaid, the said commissioners shall notify the same to the inspector general and to the secretary of the Bank of Ireland, whereupon it shall and may be lawful for the Governor and Company of the Bank of Ireland to pay the draft or drafts of the person so named by the receiver (and approved by the commissioners of her Majesty's treasury) to draw the same in his behalf on the account of public monies for the said constabulary force during the illness or absence of said receiver; provided that the drafts of such person shall be countersigned by the inspector general, or by one of his deputies, and shall express whether they are drawn during the illness or absence of said receiver; and the said receiver and his sureties shall be and they are hereby declared responsible for the act or acts of such person so authorized by such receiver to act in his behalf as aforesaid. payment of 13. And whereas by an Act of the second and third years of the Orders drawn reign of his late Majesty King William the Fourth, intituled "An by justices for Act for amending the Laws in Ireland relative to the Appointment special conof Special Constables, and for the better Preservation of the Peace," stables under it was amongst other things provided, that in case any tumult, riot, 2 & 3 Will. 4, provisions of or affray is apprehended, it shall be lawful for any two or more c. 108, valid. Justices of the Peace, in the cases in the said Act mentioned, to appoint special constables: And whereas by the same Act power is given to the Justices, as therein mentioned, to issue orders on the treasurer of the county, county of the city, or county of the town. in which such special constables shall have served, directing such treasurer to pay to the said special constables such reasonable allowance for their trouble, loss of time, and other expenses as they may deem fit: And whereas doubts have arisen in some cases as to the legality of such orders on the treasurer, in consequence of their |