County Police Act 1840

JurisdictionUK Non-devolved
Citation1840 c. 88
Anno Regni VICTORI, Britanniarum Regin,Tertio & Quarto. An Act to amend the Act for the Establishment of County and District Constables.

(3 & 4 Vict.) C A P. LXXXVIII.

[7th August 1840]

'WHEREAS an Act was passed in the last Session of Parliament, intituled and it is expedient to make additional Provisions for facilitating the Execution thereof, and otherwise to amend the same:' 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 Authorityof the same, That no Toll shall be demanded or taken on any Turnpike Road or Bridge for any Horse, or Police Van, Carriage, or Cart, passing along such Road or Bridge, in the Service of the Police established under the Provisions of the said Act; provided that the Constable in charge of such Horse, Van, Carriage, or Cart, if not the Chief Constable, shall produce an Order in Writing under the Hand of the Chief Constable, or shall have his Dress according to the Regulations of the Police Force at the Time of claiming the Exemption; and every Person who shall fraudulently claim or take the Benefit of the Exemption from Toll herein contained, not being lawfully entitled thereunto, shall for every such Offence be liable to a Penalty not more than Five Pounds; and in all such Cases the Proof of Exemption shall be upon the Person claiming the same.

S-II Outlying Districts may be transferred from one County to another.

II Outlying Districts may be transferred from one County to another.

II. 'And whereas by the said Act it is provided, that, for the Purposes of the said Act, all detached Parts of Counties shall be considered as Part of that County by which they are wholly or partly surrounded: And whereas many populous Towns are situated in more than One County; and also the Boundary of many Counties is so irregular that Parts thereof, although not wholly separated from the main Body of the County, may yet be more conveniently united, for the Purposes of the said Act, with some neighbouring County:' Be it enacted, That it shall be lawful for the Justices of any Two or more neighbouring Counties, in their several General or Quarter Sessions assembled, from Time to Time to agree that such Parts of their several Counties as to them shall seem fit shall, for the Purposes of the said Act, be considered as forming Part of any other of the said Counties; and whenever any such District shall be so transferred, for the Purposes of the said Act, from one County to another, with the Consent of the Justices of both the last-mentioned Counties, such District shall be considered, for the Purposes of the said Act, as if it were detached from the County to which it belongs, and wholly surrounded by the County to which it is so transferred; and all the Provisions contained herein or in the said Act, or in an Act passed in the last Session of Parliament, intituled , respecting detached Parts of Counties, shall be taken to apply to such transferred Districts.

S-III So much of first-recited Act as directs the Expences to be paid out of the County Rate repealed; and Justices in General or Quarter Sessions to make a Police Rate.

III So much of first-recited Act as directs the Expences to be paid out of the County Rate repealed; and Justices in General or Quarter Sessions to make a Police Rate.

III. And be it enacted, That so much of the first-recited Act as provides that the Expences of putting the said Act in execution shall be paid out of the County Rate shall be repealed; and that, for the Purposes of defraying the Expences of the said Act in any County in which, or in any Part of which, the said Act shall be put in force, the Justices of such County in General or Quarter Session assembled shall make a fair and equal Police Rate, and for that Purpose shall assess and tax the whole District for which the Constables are appointed rateably and equally, according to a certain Pound Rate of the full and fair annual Value of all Messuages, Lands, Tenements, and Hereditaments liable to the County Rate, or which, if the whole of the said District were to all Intents and Purposes within their County, would be liable to the County Rate therein, including all detached Parts of other Counties, and also all Liberties and Franchises (except as herein-after excepted) which are locally situated in such County, or wholly or partly surrounded by such County, and declared by the said Act to be considered as forming Part of such County for the Purposes of the said Act, but excluding all detached Parts of the said County, all Parts of the County contributing to the Police Rate of any other County or to the Metropolitan Police Rate, and all incorporated Boroughs which are or shall be within the Provisions of an Act passed in the Sixth Year of the Reign of His late Majesty for regulating Corporations, or of any Charter granted in pursuance of the last-recited Act, or of any Act made for the Amendment thereof, and all those Towns and Places for which Constables or Watchmen shall have been appointed under the Act passed in the Fourth Year of His late Majesty making Provisions for the lighting and watching of Parishes inEngland or Wales , or under any Local Act authorizing the Appointment of Constables or Watchmen in any Town or Place, and authorizing Rates to be made for defraying the Expences of such Constables or Watchmen, and shall not be discontinued before the passing of this Act, until they shall be discontinued, or until the Chief Constable of the County within which, for the Purposes of this and the said first-recited Act, such Parish, Town, or Place is situated, shall have notified, as he is herein-after empowered to do, that he is ready to undertake the Charge of such Parish, Town, or Place: Provided always, that all Expences of putting the said Act in execution before the passing of this Act shall be paid out of the County Rate as if this Act had not been made.

S-IV How Property rateable is to be valued.

IV How Property rateable is to be valued.

IV. And be it enacted, That the Value of all Property rateable for the Purposes of the said Act shall be computed by the said Justices according to the last Valuation for the Time being acted upon in assessing the County Rate or Liberty Rate, or Rate in the Nature of a County Rate (if any), to which such Property is rateable, unless, in the Case of any Liberty or Franchise or detached Part of any County, the Justices of the County in which such Liberty or Franchise or detached Part is situated shall be dissatisfied with such Valuation.

S-V Police Rate to be levied with the County Rate.

V Police Rate to be levied with the County Rate.

V. And be it enacted, That every Police Rate which the Justices shall have made as aforesaid shall be collected in their County from the Persons who are liable to contribute thereunto with and as Part of the County Rate; and the Warrants issued by the Justices to the High Constables, and by the High Constables to the Overseers and others required to collect the County Rates, shall distinguish between the Rates to be levied from those Places which are liable to the Police Rate in that County and those which are not liable thereunto, and shall state how much is levied for the County Rate, and how much for the Police Rate, and the said Rates shall be levied accordingly.

S-VI Contributions on account of Liberties and detached Parts of Counties.

VI Contributions on account of Liberties and detached Parts of Counties.

VI. And be it enacted, That it shall be lawful for the Justices of any County in General or Quarter Session assembled, for the Purpose of obtaining the Sum which ought to be contributed from any detached Part of any other County, or any Liberty or Franchise not contributing to the County Rate of such first-mentioned County, towards any such Police Rate, from Time to Time to issue a Warrant under the Hands of Two or more of them, by which Warrant they shall require the Treasurer of the County to which such detatched Part belongs, or the Treasurer or other Person (if any) having the Receipt of any Liberty Rate, or Rate in the Nature of a County Rate levied within such Liberty, to pay to the Treasurer of such first-mentioned County, out of the Monies collected by way of County Rate, Liberty Rate, or Rate in the Nature of a County Rate, the Amount mentioned in the Warrant; and that the Person to whom any such Warrant shall be directed shall, within Forty Days from the Delivery of such Warrant to him, pay the Amount to the Treasurer of the County from which such Warrant shall have issued, and shall be allowed for the same in his Accounts with his County or Liberty; and every such Warrant shall specify the Rate in the Pound at which the Sum mentioned therein shall be computed.

S-VII How Treasurer of such other County or Liberty shall be reimbursed.

VII How Treasurer of such other County or Liberty shall be reimbursed.

VII. And be it enacted, That, for the Purpose of reimbursing the Treasurer or other Person by whom any such Sum shall have been paid, the Justices of the County to which such detached Part belongs, or of the Liberty or Franchise, as the Case may be, shall order a Police Rate to be made, at the Rate mentioned in the Warrant, upon such detached Part of their County, or upon such Liberty or Franchise respectively, which shall be levied and collected thereon with and as Part of the County Rate, Liberty Rate, or Rate in the Nature of a Liberty Rate, to which such detached Part of a County or such Liberty or Franchise is liable, in like Manner as the Police Rate is levied and collected by Order of the Justices of any County for the Expences of the Police of their own County.

S-VIII In case of Default, or for other good Cause, the Amount may be levied on the Inhabitants.

VIII In case of Default, or for other good Cause, the Amount may be levied on the Inhabitants.

VIII. And...

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