neighbourhood thereof, to act as special constables, for such time and in such manner as to the said justices 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 township, parish, 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

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"I A. B. do swear, that I will well and truly serve our sovereign Lord the King in the office of 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."

The only condition precedent essential to the operation of this statute is, that one credible witness shall state upon oath, before two justices, (or in the metropolitan police district, before the sitting police magistrate, 2 & 3 Vict. c. 71, s. 14,) that a tumult, riot, or felony, has taken place, or may be expected, and that the existing force for preserving the peace is insufficient to protect persons and property. Notice is then to be transmitted to the secretary of state, and to the lieutenant of the county. The secretary of state may, on representation of justices, order persons to be sworn in, though exempt by law, but they are to act for two months only (s. 2); he may also direct any lord lieutenant to cause special constables to be sworn in, and without any exemption being allowed, in which case three months is the limit of service.

These appointment, must be in writing, signed by two justices of the county or division (s. 1), and those ap

pointed must serve. They will be liable to a fine not exceeding five pounds, by not attending when summoned to take the oath, or not taking it, or by refusing to serve, or disobeying any lawful orders and directions as may be given to them from the performance of the duties of their office (ss. 7, 8); and refusal might also subject to an indictment.

2. Regulations.] The fourth section enacts,

"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."

3. Serving out of the county.] By s. 6, special constables may be ordered by the justices of the division in which they are appointed, to act in any adjoining county, if two justices of such adjoining county shall satisfy the justices by whom they were appointed, that extraordinary circumstances exist rendering such service expedient, and they will possess the same powers as within their original jurisdiction. This power does not seem to be extended to the lord lieutenant, whose powers are, by s. 3, limited to his own county. By 5 & 6 Will. 4, c. 43, persons may act as special constables though not resident in the parish or township, or in the neighbourhood thereof.

4. Period of Service.] A very important decision was given a few years back as to the duration of the powers

of special constables under this Act, in which Mr. Justice Coleridge held that a person, once appointed special constable, will retain all his authority as constable until his services are suspended or determined. (Reg. v. Porter, 9 Car. & P. 778). This is according to the ninth section, by which the "justices who appointed the special constables are empowered, or the justices acting for the division or limits within which such special constables shall have been called out, at a special session to be held for that purpose, or the major part of such last-mentioned justices at such special session, are hereby empowered to suspend or determine the services of any or all of the special constables so called out, as to the justices respectively shall seem meet;" notice of which suspension or determination is to be given to the secretary of state and the lord lieutenant. To fulfil the requirements of this enactment a special session must be held for the purpose (see Reg. v. Best, 16 L. J. 102, M. C.); and care should be taken that this is done, unless, as has been recently the practice, the appointments were for a limited time, at the expiration of which their powers will of course cease.

In the case just referred to, a person had been appointed as a special constable for the county of Gloucester, in 1832; in 1840 he was acting as a private watchman; a man was given into his custody, charged with robbing a garden. While he was taking him to the station-house, he was attacked by the prisoner and was killed.

The appointment was put in, and it contained a clause that his services were to continue until suspended or determined. It was objected, and reasonably enough, that it never could have been intended that once a constable always a constable" should be the effect of the statute. But Mr. Justice Coleridge held that the

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clear effect of the statute was to clothe him with powers until the expiration of the time specified in the appointment, and that no suspension or determination having taken place, he was, in point of law, still a constable in 1840. This may startle at first, but there seems no reason to doubt the correctness of the decision; and it is presumed that the omission of the clause "until suspension or determination" would make no difference, as that must be implied in every appointment where no time is limited. It further follows from this decision that unless the requisite steps are taken, all special constables will continue for an indefinite period liable to be called upon to act upon any occasion that may be deemed right; for if they preserve their privileges they must also be subject to the duties of their position. Attention, however, having been drawn to this state of the law, it is to be hoped, that the proper steps will be adopted.

At the close of his service, the constable must give up any staff, weapon, or other article which may have been supplied to him, under pain of a fine not exceeding two pounds (s. 10).

5. Rights and duties.] Being clothed with the rights of constables, as existing in 1831, the specials may do all that a common law constable can; reference therefore may be made to the previous part of this work upon this branch of the subject. As a general rule, however, it will be well for them to confine themselves to obeying the orders and directions of the regular police force, or of some appointed chief. The justices of the peace in special sessions may order allowances to the special constables, to be paid out of the county rate, and to be in respect of their trouble, loss of time, and expenses (s. 13); and the mode of payment from

places not contributing to the county-rate, is pointed out in the same section. (See also supra, p. 27.)

The 11th section is a superfluous provision as to the punishment of assaults upon special constables, since they possess the rights and privileges of other peace officers; and 9 Geo. 4, c. 31, s. 25, punishes any person found guilty of an assault upon an officer in the execution of his duty by fine, and imprisonment not exceeding two years, with or without hard labour.

The 19th section is the usual protecting clause as to venue, notice of action, general issue and costs, reference to actions or prosecutions brought for anything done in pursuance of the Act.

Sections 15 and 16 limit the time for proceedings under the Act by summary conviction to two months, and regulate the levying and application of penalties.

Section 17 gives a formal conviction, and section 18 takes away certiorari, and contains the usual clause to support defective convictions and irregular proceedings.

Such are the provisions made by law for the preservation of peace and order by the civic guard, as they may be termed, a guard including within it all classes, binding all with equal rights, imposing upon all equal duties, because all have the deepest interest in protecting each other. So will they best protect themselves, and hand down that freedom to their posterity which their ancestors have acquired, of which the imperfection can be corrected by earnest inquiry, and manly energy, but not by wild violence, nor by each class seeking to attribute all their own difficulties to the faults of others, and not caring to think how far they may have been the architects of their own misfortunes. (a)

(a) The Author has much pleasure in referring to. the practical comment upon this passage, afforded by the proceedings of the 10th of April.