Special Constables Act 1831
| Jurisdiction | UK Non-devolved |
| Citation | 1831 c. 41 |
| Year | 1831 |
(1 & 2 Will. 4) C A P. XLI.
[15th October 1831]
'WHEREAS it is expedient to amend the Laws relative to the Appointment of Special Constables, and to make other Provisions for the better Preservation of the Public Peace;' 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, Thatin all Cases where 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 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 has taken place or may 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 shall be of opinion 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 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 hereby authorized to nominate and appoint, by Precept in Writing under their Hands, so many as they shall 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 shall 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 the Justices of the Peace who shall appoint any Special Constables by virtue of this Act, or any One of them, or any other Justice of the Peace acting for the same Division or Limits, are and is hereby authorized to administer to every Person so appointed the following Oath; that is to say,
'IA.B. do swear, That I will well and truly serve our Sovereign Lord the King in the Officeof Special Constable for the Parish [or Township] of , without Favour or Affection, Malice or Ill-will; and that I will to the best of my Power cause the Peace to be kept and preserved, and prevent all Offences against the Persons and Properties of His Majesty's Subjects; and that while I continue to hold the said Office I will to the best of my Skill and Knowledge discharge all the Duties thereof faithfully according to Law. So help me GOD.'
Provided always, that whenever it shall be deemed necessary to nominate and appoint such SpecialConstables as aforesaid, Notice of such Nomination and Appointment, and of the Circumstances which have rendered such Nomination and Appointment expedient, shall be forthwith transmitted by the Justices making such Nomination and Appointment to One of His Majesty's Principal Secretaries of State and to the Lieutenant of the County.
II Secretary of State, on Representation of Justices, may order Persons to be sworn in, though exempt by Law;
II. And be it enacted, That in any Case in which any Number of the Householders, or other Persons not legally exempt from serving the Office of Constable, shall have been appointed by the Justices in manner aforesaid to act as Special Constables for any such Parish, Township, or Place as aforesaid, it shall be lawful for any One of His Majesty's Principal Secretaries of State, on the Representation of any Two Justices of the Peace, to order that the Persons exempt by Law from serving as Special Constables in such Parish, Township, or Place, or the Neighbourhood thereof, shall, notwithstanding such Exemption, be appointed and sworn in to act as Special Constables as if they were not by Law exempt; and such Persons shall accordingly be appointed and sworn in manner aforesaid, and shall be liable to act for Two Calendar Months only.
III and may direct any Lord Lieutenant to cause Special Constables to be sworn in, and no Exemption allowed.
III. And be it enacted, That it shall be lawful for any One of His Majesty's Principal Secretaries of State to give Direction to the Lieutenant of any County to cause Special Constables to be appointed and sworn in manner aforesaid throughout the Whole of such County or any Portion thereof, whether a Hundred or Hundreds, Parish or Parishes, or any other known Division or Divisions, of whatever Size or Denomination, and to signify, if such Secretary of State shall see fit, that no Person shall be excused from being so appointed and sworn in by reason of any Exemption: Provided always, that the Persons so appointed and sworn in, whether having Cause of Exemption or not, shall only be called upon to act for Three Calendar Months.
IV Justices may make Regulations respecting Special Constables, and may remove them for Misconduct.
IV. And be it enacted, That the Justices of the Peace who shall have appointed any Special Constables under this Act, or any Two of them, or the Justices acting for the Division or Limits within which such Special Constables shall have been called out, at a Special Session of such last-mentioned Justices, or the major Part of such last-mentioned Justices at such Special Session, shall have Power to make such Orders and Regulations as may from Time to Time be necessary and expedient for rendering such Special Constables more efficient for the Preservation of the Public Peace, and shall also have Power to remove any such Special Constable from his Office for any Misconduct or Neglect of Duty therein.
V Powers of Special Constables.
V. And be it enacted, That every Special Constable appointed under this Act shall, not only within the Parish, Township, or Place for which he shall have been appointed, but also throughout the entire Jurisdiction of the Justices so appointing him, have, exercise, and enjoy all such Powers, Authorities, Advantages, and Immunities, and be liable to all such Duties and Responsibilities, as any Constable duly appointed now has within his Constablewick by virtue of the Common Law of this Realm, or of any Statute or Statutes.
VI Special Constables may act in the adjoining County in...
To continue reading
Request your trial