Appointment of Constables, etc. (Ireland) Act 1822
| Jurisdiction | UK Non-devolved |
| Citation | 1822 c. 103 |
| Year | 1822 |
(3 Geo. 4) C A P. CIII.
[5th August 1822]
'WHEREAS it is expedient to establish a new and more effective System for the Appointment and Regulation of Constables throughoutIreland: ' Be it therefore enacted by the King'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, That at any Time after the passing of this Act, it shall and may be lawful to and for the Lord Lieutenant, or other Chief Governor or Governors ofIreland for the time being, and he and they is and are hereby authorized and empowered, by Warrant under his or their Hand, to appoint One Chief Constable for each and every or any Barony or Half Barony, or other Division of a Barony, or for any Two or more Baronies lying together and being in the same County in Ireland , and also by Proclamation to be inserted in the Dublin Gazette , to require the Magistrates in the Commission of the Peace for any County in Ireland , to be assembled on a Day to be named in such Proclamation, at the Assize Town of such County, and there to nominate such Number of Constables and Sub Constables in and for such County, as shall be specified in such Proclamation, not exceeding in the whole in any County, a Number after the Rate of Sixteen for each Barony or Half Barony, or other Division of a Barony within such County, to be stationed in and through the several Baronies and Half Baronies in such Counties; and that the Magistrates of every such County so assembled, Ten at least being present, shall proceed to name such Constables and Sub Constables accordingly; and that when any Vacancy or Vacancies shall arise, the Chief Constable of the Barony or Half Barony in which such Vacancy shall arise, shall report the same to the Magistrates at the Quarter Sessions of such County, and such Magistrates shall thereupon proceed to fill up such Vacancy or Vacancies, by appointing another or other Constable or Constables, or Sub Constable or SubConstables, to fill any such Vacancy or Vacancies as aforesaid: Provided always, That if the Magistrates of any County shall omit or neglect to assemble, as required by any such Proclamations as aforesaid, or shall, from any Cause, neglect or omit to nominate and appoint such Number of Constables and Sub Constables as shall be specified in such Proclamation, within Fourteen Days next after the Day named in such Proclamation, it shall and may be lawful for the Lord Lieutenant, or other Chief Governor or GovernorsofIreland , to nominate and appoint such Constables and Sub Constables; and it shall be lawful for the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the time being, from time to time, at his or their Pleasure, to remove all or any and every such Chief Constable, and all or every and any such Constables or Sub Constables; and also to order such Arms and Accoutrements, Saddles, Bridles, Clothing and Appointments, to be delivered from His Majesty's Stores to every such Chief Constable, as such Lord Lieutenant or other Chief Governor or Governors shall from time to time think proper; and such Arms and Accoutrements, Saddles, Bridles, Clothing and Appointments shall accordingly be delivered to such Chief Constable for the Use of such Constables, and of all Constables who shall from time to time be within his District; and it shall and may also be lawful for such Lord Lieutenant, or other Chief Governor or Governors ofIreland , in his or their Discretion, to direct such Horses to be purchased for such Number of such Chief Constables and other Constables, as shall from time to time be thought proper and necessary by such Lord Lieutenant, or other Chief Governor or Governors, for the time being.
II On Certificate of Grand Jury, Number of Constables may be increased.
II. Provided always, and be it enacted, That in any Case in which the Magistrates of any County, at the General Quarter Session for such County, shall certify to the Lord Lieutenant, or other Chief Governor or Governors ofIreland , that the Number of Constables so appointed for any County is inadequate to the due Execution of the Law within the same, or within any Barony thereof, it shall be lawful for the Lord Lieutenant, or other Chief Governor or Governors of Ireland , to direct the Appointment, in the manner hereinbefore specified, of such further Number of Constables for such County or Barony as may be so certified to be necessary, and to remove such Constables from time to time.
III Chief Constable to have Custody and Disposition of Arms.
III. And be it further enacted, That every such Chief Constable shall have the Care of the Arms and Accoutrements, Saddles, Bridles, Clothing and Appointments, so to be delivered to him as aforesaid, and shall, at his Discretion, deliver out the same or such Part thereof as he shall think necessary, to the Constables or Sub Constables in his District respectively, either for any particular Occasions, as they shall occur from time to time, or generally to be kept and used by such Constables or Sub Constables in the Execution of their Offices respectively; and every such Chief Constable shall have full Power at all Times to require and call in the same, or such Part or Parts thereof as he shall think proper, from all or any one or more of such Constables or Sub Constables, who shall forthwith deliver the same to him accordingly.
IV Lord Lieutenant may order Houses, &c. to be provided for Chief Constables, &c.
IV. And be it further enacted, That it shall and may be lawful for the Lord Lieutenant or other Chief Governor or Governors ofIreland , in such cases where he shall see fit and proper Occasion so to do, to direct that suitable and fitting Houses, with Outhouses and Appurtenances, and Furniture, shall be provided for the Residence of any such Chief Constable or other Constable respectively, as shall be for that Purpose specified and directed by such Lord Lieutenant, or other Chief Governor or Governors of Ireland for the time being; and each and every Chief Constablewho shall be appointed under this Act, while he shall hold such Office, shall have and receive such Salary, not exceeding One hundred Pounds by the Year, and rateably for any lesser Period; and every Constable and Sub Constable so appointed shall in like manner have and receive such Salary, not exceeding Thirty five Pounds by the Year, and rateably for any lesser Period, as the Lord Lieutenant or other Chief Governor or Governors ofIreland shall from time to time direct and appoint.
V Oath of Chief and other Constables.
V. And be it further enacted, That every such Chief Constable and other Constable so appointed shall, before he shall do any Act in his said Office, take and subscribe the Oath here following; (that is to say),
'IA. B. do swear, That I will well and truly serve our Sovereign Lord the King in the Office of Chief Constable [or Constable, or Sub Constable, as the case may be ] without Favour or Affection, Malice or Ill Will; that I will see and cause His Majesty's Peace to be kept and preserved, and that I will prevent, to the best of my Power, all Offences against the same; and that while I shall continue to hold the said Office, I will, to the best of my Skill and Knowledge, discharge all the Duties thereof, in the Execution of Warrants and otherwise, faithfully according to Law. So help me GOD.'
And the said Oath shall be administered to the Chief Constable by any Magistrate for the County in open Sessions; and the said Oath shall be administered to all Constables and Sub Constables so appointed, either in open Sessions or otherwise, by any Magistrate of the County, and shall in all cases be subscribed by the Person taking the same; and every such Chief Constable and other Constable, having taken and subscribed the said Oath, shall be to all Intents and Purposes a Constable in and for the County in which such Chief Constable or other Constable shall be appointed, until dismissed from his Office by competent Authority; and every such Chief Constable and other Constableshall have all such Powers, Authorities, Privileges and Advantages, as any Constable duly appointed now has, or can or may have by any Law or Laws in force inIreland .
VI On Representation of Magistrates of Cities and Towns, Chief Constables and Constables may be appointed under the Regulations of this Act.
VI. And be it further enacted, That in any Case in which any Three or more Magistrates acting in and for any County of a City or County of a Town, or City and Liberties, inIreland , assembled at any General or Special Sessions, shall deem it expedient to require the Appointment of a Chief Constable or Constables and other Constables within and for such County of a City or County of a Town, or City and Liberties under this Act, and shall recommend the same to the Lord Lieutenant, it shall and may be lawful for the Lord Lieutenant, or other Chief Governor or Governors of Ireland , to nominate and appoint One or more Chief Constable or Chief Constables, according as One or more may be recommended by such Magistrates for any such County of a City or County of a Town, or City and Liberties; and it shall be lawful for such Magistrates (subject to and under the Provisions of this Act) to appoint such Number of Constables...
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