XXVII.-PRESERVATION OF THE PEACE DURING Expense of stables ap pointed on account of Behaviour of Persons 1 & 2 VICT., Cap. 80. An Act for the Payment of Constables for keeping the Peace near Public Works. [10th August, 1838.] WHEREAS great Mischiefs have arisen by the outrageous and unlawful Behaviour of Labourers and others employed on Railroads, Canals, and other Public Works, by reason whereof the Appointment of Special Constables is often necessary for keeping the Peace, and for the Protection of the Inhabitants and Security of the Property in the Neighbourhood of such Public Works, whereby great Expenses have been cast upon the Public Rates of Counties and other Districts chargeable with such Expenses: Be it therefore enacted...That after Special Con- the passing of this Act, whenever any Special Constables shall be appointed under the Authority of an Act passed in the Second Year of the Reign of His late Majesty, intituled An Act for amending the Laws relative to the Appointment of upon Public Special Constables, and for the better Preservation of the Peace, or under the Authority of an Act passed in the Sixth Year Companies of the Reign of His late Majesty, intituled An Act for enlarg‐ ing the Powers of Magistrates in the Appointment of Special Constables, and 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 of any Liberty, Franchise, City, Town, or Borough, in England or Wales, 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 Beha employed Works, to be paid by the a The first of the three following acts relates to England and Wales only, and was passed in 1838 under the circumstances described in the preamble: the second and third of these acts relate to Ireland only. An act was also passed in 1845 for Scotland, 8 & 9 Vic. c. 3. b See note, in p. 1. 1 & 2 Wm. 4, c. 41. d 5 & 6 Wm. 4, c. 43. of Justices; viour, of the Persons employed upon any Railway, Canal, or allowance. State may reduce 2...If it shall appear to the Secretary of State that there Secretary of was no Need for the Appointment of such Special Constables, disallow or that a greater Number of Special Constables was appointed Orders, or than was needed by reason of the Behaviour, or reasonable Amounts. Apprehension of the Behaviour, of the Persous employed on such Railroad, Canal, or other Public Work as aforesaid, the Secretary of State shall have Power to disallow any such Order, or to reduce the Amount ordered to be paid by any such Order, in such Manner as to him shall seem just, according to the Circumstances of each Case; and in such Case, the Order shall be of no force, or shall be of force for such reduced Amount only, as the Case may be; and the whole of such Payment of Expenses in case the Whole shall be disallowed, or so much part, in such thereof as shall exceed such reduced Amount if a Part shall cases, out of local rates. be allowed, shall be defrayed out of the Public Rates of such County, Riding, or Division, Liberty, Franchise, City, Town, or Borough, as if this Act had not been made. whole or 3...In all Cases where such Treasurer or other Officer as Amount aforesaid shall refuse or neglect, during Three Weeks next after Demand thereof, to pay such Sum of Money as shall have be recovered ordered and from Company by Distress. In Ireland, on applica Justices, ad be appointed by Lord Lieutenant to keep the been ordered by such Justices, and allowed by the Secretary of State as aforesaid, it shall be lawful for such Justices to cause the same to be levied by Distress upon the Goods and Chattels belonging to such Company. XXVIII. PEACE PRESERVATION. 8 & 9 VICT., CAP. 46. An Act for the Appointment of additional Constables for keeping the Peace near Public Works in Ireland. [21st July, 1845.] WHEREAS it is expedient to provide for the Appointment and Payment of additional Head and other Constables for keeping the Peace, and for the Protection of the Inhabitants and the Security of Property, in the Neighbourhood of Railway Works and other Public Works in Ireland: Be it therefore tion of Com- enacted... That from and after the passing of this Act, in any pany or two Case in which the Works of any Railway, Canal, or other ditional Con- Public Work of a similar Nature, shall be in progress of Constables may struction in Ireland, upon the Application of the Company or other Parties carrying on any such Public Work, or upon the Application of Two or more Justices of the Peace of the County acting in the Petty Sessions of the District in or through which any such Public Work may be in the Course of Construction, to whom it shall be made appear, on the Oath of Two or more credible Witnesses, that the Appointment of additional Constables for the keeping of the Peace, and for the Protection of the Inhabitants, and the Security of Property, in the Neighbourhood of such Works, is necessary in conse quence of the Behaviour or reasonable Apprehension of the Behaviour of the Persons employed in the said Works, it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland, if he or they shall so think fit, Prace near a See note in p. J. Service, &e. Constables: from Time to Time to order and direct that, in addition to the Number of Head and other Constables whom the said Lord Lieutenant or other Chief Governor or Governors of Ireland is or are authorized to appoint by virtue of an Act passed in the Sixth Year of the Reign of His late Majesty, 6 & 7 W. 4, intituled An Act to consolidate the Laws relating to the Consta- . 13. bulary Force in Ireland, and the other Acts amending the same, such Number of Head and other Constables as he or they shall think fit, not exceeding in any Case the Number specified in any such Application as aforesaid, shall be appointed and employed during the Construction of such Public Works, in aid of and in conjunction with the said Constabulary Force in such County, County of a City, County of a Town, or Place, near to the said Public Works so in progress of Construction, as shall be mentioned in the said Order; and shall remain there for such Length of Time, or remove to or re- Number and main at such other Place or Places near to such Public Works Length of for such Time or Times, as shall be mentioned or directed by of such extra such Order, or any other Order or Orders which may from Time to Time be made by such Lord Lieutenant or other Chief Governor or Governors, or by the Inspector General of the said Constabulary Force, under the Control and Directions of the said Lord Lieutenant or other Chief Governor or Governors; and such Constables may in like Manner, by any such Order, be reduced in Number, or wholly removed from the Neighbourhood of such Works; and the Head and other Pay and Constables so appointed shall, during the Period of such Em- allowances, ployment, have the same Amount of Pay and Allowances, and the same Rights, Powers and Authorities, Privileges and Advantages, and be subject to the same Provisions and Enactments, Rules, Regulations, and Orders, and be in all respects in the same Situation in the County, County of a City, or County of a Town in which they shall be stationed, as far as the Circumstances of the Case will admit, as if they had been appointed to and formed Part of the Constabulary Force established in and for such County, County of a City, or County of a Town". 2...The Inspector General of the said Constabulary Force, Expense of See further, in 11 & 12 Vic. c. 72, § 7, as to pay of such special force, and how chargeable (XXIX. 7, p. 337-8.) additional be paid by the Com panies: Constables to with the Assistance of the Receiver of the said Force, shall from Time to Time, or as often as he shall think convenient, prepare and certify under his Hand a detailed Account of the Expense incurred for the Pay, Salary, Clothing and Equip ment, Lodging, and other Allowances of such Men so appointed and employed as aforesaid; which Expense, when approved and certified by the Chief or Under Secretary of such Lord Lieutenant or other Chief Governor or Governors, the said Company or Parties, or their Agent, shall, upon demand, pay to the said Receiver, to be placed to the Credit of the County, County of a City, or County of a Town in which such Constables as aforesaid shall have been so employed. mode of ascertaining and certifying same. Proceedings for enforcing payment, in case of refusal or neglect of 14 days. debt; Justices: 3...In all Cases where the Company or other Parties carrying on such Public Work shall refuse or neglect, during Fourteen Days next after Demand thereof, to pay any such Expense, or any Part thereof, as shall have been so certified and Company for approved as aforesaid, the same shall and may be sued for in Recoverable any of the Superior Courts, at the Suit of Her Majesty's by action of Attorney General for Ireland, as a Debt due to Her Majesty; or, upon Production of such Account, so certified and approved, or before two before any Two Justices of the County, County of a City, or County of a Town in which such Constables shall have been so employed as aforesaid; and upon Proof on Oath of such Demand made as aforesaid of such Company or Parties, or any Officer superintending such Public Works, and upon the Application of the said Receiver of the Constabulary Force, or any Person by him authorized in Writing, it shall be lawful for such Justices, by their Warrant under their Hands and Seals (which they are hereby authorized and required to grant), to cause the Amount of such Account to be levied, toby Distress gether with the Expenses of levying the same, by Distress and of Company's Sale of the Goods and Chattels of the Company or other Goods. Parties carrying on such Public Works as aforesaid; and the Surplus, if any, arising from such Distress and Sale, after deducting the Amount of such Account, together with the reasonable Expenses attendant on such Distress and Sale, shall be rendered to the said Company or Parties. |