Town Police Clauses Act 1847
| Jurisdiction | UK Non-devolved |
| Citation | 1847 c. 89 |
| Year | 1847 |
(10 & 11 Vict.) C A P. LXXXIX.
[22d July 1847]
'WHEREAS it is expedient to comprise in One Act sundry Provisions usually contained in Acts of Parliament for regulating the Police of Towns and populous Districts, and that as well for avoiding the Necessity of repeating such Provisions in each of the several Acts relating to such Towns or Districts, as for ensuring greater Uniformity in the Provisions themselves:' 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 Authority of the same, Thatthis Act shall extend only to such Towns or Districts inEngland or Ireland as shall be comprised in any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith; and all the Clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the Town or District which shall be comprised in such Act, and to the Commissioners appointed for improving and regulating the same, so far as such Clauses shall be applicable thereto respectively, and shall, with the Clauses of every other Act which shall be incorporated therewith, form Part of such Act, and be construed therewith as forming One Act.
And with respect to the Construction of this Act, whether incorporated in whole or in part with any other Act, and of any Act incorporated therewith, be it enacted as follows:
II ‘the special Act:’
II. The Expression ‘the special Act’ used in this Act shall be construed to mean any Act which shall be hereafter passed for the Improvement or Regulation of any Town or District defined or comprised therein and with which this Act shall be incorporated; and the Word‘prescribed,’ used in this Act in reference to any Matter herein stated, shall be construed to refer to such Matter as the same shall be prescribed or provided for in the special Act, and the Sentence in which such Word shall occur shall be construed as if, instead of the Word ‘prescribed,’ the Expression ‘prescribed for that Purpose in the special Act’had been used; and the Expression ‘the Commissioners’ shall mean the Commissioners, Trustees, or other Persons or Body Corporate intrusted by the special Act with Powers for executing the Purposes thereof.
III Interpretations in this and the special Act.
III. The following Words and Expressions, in both this and the special Act, and any Act incorporated therewith, shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,)
Words importing the Singular Number shall include the Plural Number, and Wordsimporting the Plural Number shall include the Singular Number:
Words importing the MasculineGender shall include Females:
The Word ‘Person’ shall include a Corporation,whether aggregate or sole:
The Word ‘Lands’ shall include Messuages, Lands, Tenements, and Hereditaments of any Tenure:
The Word ‘Street’ shall extend to and include any Road, Square, Court, Alley, and Thoroughfareor public Passage within the Limits of the special Act:
The Word ‘Month’ shall mean Calendar Month:
The Expression ‘Superior Courts’ shall mean Her Majesty's Superior Courts of RecordatWestminster or Dublin , as the Case may require, and shall include the Court of Common Pleas of the County Palatine of Lancaster and the Court of Common Pleas of the County of Durham:
The Word ‘Oath’ shall include Affirmation in the Case of Quakers, and any Declarationlawfully substituted for an Oath in the Case of any other Persons allowed by Law to make a Declaration instead of taking an Oath:
The Word ‘County’ shall include Riding or other Division of a County having a separate Commissionof the Peace, and shall also include County of a City or County of a Town:
The Word ‘Justice’ shall mean Justice of the Peace acting for the County, City, Borough, Liberty, Cinque Port, or other Place where the Matter requiring the Cognizance of any such Justice arises; and where any Matter shall be authorized or required to be done by Two Justices, the Expression‘Two Justices’ shall be understood to mean Two or more Justices met and acting together:
The Expression ‘Quarter Sessions’ shall mean Quarter Sessions as defined in the special Act, and if such Expression be not there defined, shall mean the General or Quarter Sessions of the Peace which shall be held in or at the Place nearest to the District comprised within the special Act for the County in which such District or some Part thereof is situated, or for some Division of such County having a separate Commission of the Peace:
The Word ‘Cattle’ shall include Horses, Asses, Mules, Sheep, Goats, and Swine.
And with respect to citing this Act, or any Part thereof, be it enacted as follows:
IV Short Title of the Act.
IV. In citing this Act in other Acts of Parliament, and in legal Instruments, it shall be enough to use the Expression ‘theTown Police Clauses Act, 1847.’
V Form in which Portions of this Act may be incorporated with other Acts.
V. For the Purpose of incorporating Part only of this Act with any Act hereafter to be passed it shall be enough to describe the Clauses of this Act with respect to any Matter in the Words introductory to the Enactment with respect to such Matter, and to enact that the Clauses so described, or that this Act, with the Exception of the Clauses so described, shall be incorporated with such Act; and thereupon all the Clauses of this Act so incorporated shall, save so far as they are expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if such Clauses were set forth therein with reference to the Matter to which such Act relates.
And with respect to the Appointment, and the Powers, Duties, and Privileges, of Constables, be it enacted as follows:
VI Appointment of Constables.
VI. If any Constables shall have been appointed within the Limits of the special Act under the Provisions of an Act passed in the Third Year of the Reign of Her Majesty, intituledAn Act for the Establishment of County and District Constables by the Authority of the Justices of the Peace; and of another Act passed in the Fourth Year of the Reign of Her Majesty, intituled An Act to amend the Act for the Establishment of County and District Constables; and if the Justices for the County in which such District is situated, in General or Quarter Session assembled, report to One of Her Majesty's Principal Secretaries of State that the Constables so appointed ought to be discontinued, and the said Constables be, in pursuance thereof or otherwise, discontinued, or where no Constables shall have been appointed under the Provisions of the last-mentioned Act, the Commissioners may from Time to Time appoint and employ a Superintendent Constable and also such Number of Constables as they judge necessary for the Protection of the Inhabitants and Property within the said Limits, and allow the Superintendent Constable and the other Constables such Salaries or Wages as they think proper; and it shall be lawful for the Commissioners from Time to Time to remove any such Superintendent Constable, Constables, and Officers as they think fit.
VII Power to apply for additional Constables in case of Need.
VII. Where Constables shall have been appointed under the last Two recited Acts, or either of them, the Commissioners, if they think it necessary so to do, may apply to the Chief Constable of the County in which the District within the said Limits is situated, under the Provisions of the last-recited Act, to appoint any additional Number of Constables within the said Limits, and they may pay the Charge of such Appointments out of the Rates to be levied under this and the special Act.
VIII Constables to be sworn in.
VIII. Any Justice may swear in any Person appointed and employed as a Constable under this and the special Act, and the Constables so sworn in shall have, within the Limits of the special Act, and in any Place not more than Five Miles beyond such Limits, the like Powers, Privileges, and Duties, and shall have the same Indemnities and Protection, and shall be subject to the like Penalties and Forfeitures, as any Constable duly appointed has or is subject to within his Constablewick by Law.
IX Expences of Prosecutions, and Allowances to Constables.
IX. The Commissioners may defray the Expence of prosecuting any Felons or Offenders, and of defending any Constable in the Execution of his Duty, and may make such Allowances to any Constable disabled in the Executionof his Duty, or worn out by Length of Service, as the Commissioners think reasonable.
X Constables not to resign without Leave or Notice.
X. No Constable appointed under this or the special Act shall resign his Office, or withdraw himself from the Duties thereof, unless expressly allowed so to do in Writing by the...
To continue reading
Request your trial