County Police Act 1839
| Jurisdiction | UK Non-devolved |
| Citation | 1839 c. 93 |
| Year | 1839 |
(2 & 3 Vict.) C A P. XCIII.
[27th August 1839]
'WHEREAS by an Act passed in the Second Year of the Reign of His late Majesty, intituled , it is amongst other things enacted, that in all Cases where it should 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 inEngland or Wales , upon the Oath of any credible Witness, that any Tumult, Riot, or Felony had taken place or might 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 should be of opinion that the ordinary Officers appointed for preserving the Peace are not sufficient 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 thereby authorized to nominate and appoint, by Precept in Writing under their Hands, so many as they should think fit of the Householders or other Persons (not legally exempt from serving the Office of Constable) 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 should 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 whereas the Powers of Justices of the Peace for making such Appointments as aforesaid were enlarged by an Act passed in the Sixth Year of the same Reign, intituled And whereas it is expedient that the Powers of the said Justices for appointing Constables be further enlarged, and that Powers be given for charging the Expences of paying such Constables upon the several Divisions in which they shall be appointed:' Be it therefore 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 Authorityof the same, That in all Cases where it shall be made to appear to the Justices of the Peace of any County inEngland or, Wales in General or Quarter Sessions assembled, or at any Adjournment thereof, 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 for the Security of Property within the County, it shall be lawful for them to set forth the same, by a Report in Writing under the Hands of the Majority of the Justices there present, and to declare how many Constables are needed in their Opinion to be appointed within their County for the Purposes aforesaid, and the Rates of Payment which it would be expedient to pay to the chief and other Constables; and every such Report shall be sent to one of Her Majesty's Principal Secretariesof State: Provided always, that the Number of Constables shall not be more than One Man for every Thousand of the Inhabitants according to the last Parliamentary Enumeration of the Population for the Time being, the Population of the Boroughs and Towns herein-after excepted from the Operation of this Act being deducted therefrom.
II Alteration of Number of Constables.
II. And be it enacted, That it shall be lawful for the Justices assembled in General or Quarter Session, from Time to Time, with the Consent of one of Her Majesty's Principal Secretaries of State, to increase or diminish the Number of Constables first appointed under this Act for their County.
III Rules for their Government, Pay, &c. to be made by the Secretary of State.
III. 'And whereas it is expedient that the Rules for the Government, Pay, Clothing, and Accoutrements and Necessaries of such Constables as may be appointed under this Act be uniform, as nearly as may be;' be it enacted, That such Rules shall be from Time to Time made by one of Her Majesty's Principal Secretaries of State, but not so as to increase the Number of Men proposed to be appointed; and the Rules so made shall be sent to the Clerk of the Peace for each County in which or in any Division of which this Act shall be in operation; and it shall be lawful for the Secretary of State, upon the Representation of the Justices of the County, setting forth any special Reasons, to amend or add to such Rules so as to make them applicable to the special Circumstances of such County; and all such Rules shall be binding on all Persons whom they may concern; and Copies of all such Rules shall be laid before both Houses of Parliament within Six Weeks after the making thereof, if Parliament is then sitting, and if Parliament is not sitting then within Six Weeks after the next meeting of Parliament.
IV One or more Chief Constables of the County to be appointed, who may serve for more than One County.
IV. And be it enacted, That as soon as any such Rules, as finally settled, shall have been received from the Secretary of State, the Justices of the County in General or Quarter Session assembled, or at any Adjournment thereof, shall, subject to the Approval of the Secretary of State, appoint a Person duly qualified according to the Rules to be Chief Constable of the County, and in every Case of Vacancy of the Office shall, subject to the like Approval, appoint another fit Person in his Room; and every Chief Constable so to be appointed may hold his Office until dismissed by the Justice in General or Quarter Session assembled, or at any Adjournment thereof: Provided always, that when any County shall have been divided for the Purpose of returning Members to serve in Parliament for each Division, it shall be lawful to appoint Two Chief Constables for such County, if the Justices of such County shall think fit: Provided also, that it shall be lawful to appoint the same Chief Constable for Two or more adjoining Counties or Parts of Counties, if the Justices of such Counties in General or Quarter Session assembled shall mutually agree to join in such Appointment.
V Notice of Proceedings under this Act to be inserted in Notices now required by Law.
V. And be it enacted, That, with the Notice of the Time of holding any such General or Quarter Session, or Adjournment thereof, as now required by Law, Notice shall be given of the Day and Hour at which any Business relating to the Adoption of this Act, or the Appointment or Dismissal of any Chief Constable under this Act, or the Increase or Diminution of the Number of Constables, will begin at such Session; and the Clerk of the Peace of each County shall give such Notice as last mentioned on the Requisition of any Five Justices acting for such County.
VI Chief Constable to appoint the Petty Constables.
VI. And be it enacted, That, subject to the Approval of Two or more of the Justices of the County in Petty Sessions assembled, the Chief Constable shall appoint the other Constables to be appointed for the County, and a Superintendent to be at the Head of the Constables in each Division of the County, and at his Pleasure may dismiss all or any of them, and shall have the general Disposition and Government of all the Constables so to be appointed, subject to such lawful Orders as he may receive from the Justices in General or Quarter Session assembled, or at any Adjournment thereof, and to the Rules established for the Government of the Force.
VII Chief Constable empowered to appoint a Deputy under certain Restrictions.
VII. And be it enacted, That the Chief Constable shall, subject to the Approval of the Justices in General or Quarter Sessions assembled, or at any Adjournment thereof, appoint One of the Superintendents to act as his Deputy in case of...
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