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S. 3. Ir.
shall approve of the said officer, or appoint another as
The 23 Geo. 2. c. 14, s. 1. Ir. also provides, that if any Petty camitables seneschal of a manor shall neglect to hold his leet, at the time when the same ought to be held for appointing petty s. 1. Ir. constables, or such leet being held, shall neglect to appoint petty constables, and if the sheriff of any county laving the appointment of petty constables in his torn shall neglect to hold his torn, at the time when the same ought to be held for appointing such constables, or such torn being held, there shall be a neglect in appointing such petty constables, or if from any other cause no petty constable shall be duly appointed for any district at the proper time, the justices of the peace for the county in which
S. 3. Ir.
in Ireland. 23Geo.2.c. 14.
such torn or leet is, shall at their next sessions appoint for that time, and swear petty constables for the several districts and divisions within the precincts of such torn or leet respectively; and if the justices of the peace shall neglect so to do, then the justices of and at the next assizes for 'such county, (and the judges of the court of K. B. in term for the county of Dublin,) upon the presentment of the grand jury of such county, shall appoint and swear, or order to be sworn before a justice of the peace of such county, the person named in such presentment, into the office of petty constable for any district, &c. so neglected; provided however that the petty constables so appointed by the justices of the peace, judges of assize, (or judges of K. B.) shall not be compelled to serve for a longer time than if they had been duly appointed in the torn or leet.' And this act s. 2. provides, (in a manner similar to the 13 & 14 Car. 2. c. 12.s. 15. Eng.) that if any petty constable, during the time of his serving in the office, shall die or remove out of the precincts of the district, &c. or shall be lawfully, removed from the said office, then it shall be lawful for any 2 justices of the peace for the county, to appoint and swear a new petty constable in his room, to continue until the next torn or leet, or in default of such being held at the usual time, until the next sessions of the peace after such usual time, and in default of such next sessions until the next assizes; at which next torn, leet, sessions, or assizes, as the case shall be, the sheriff, seneschal, justices, or judges may approve of the constable so appointed and sworn, or appoint another to serve the
remainder of the time of the constable so dying or reArte page 253. moved. The 36 Geo. 3.c. 55. s. 28. Ir. * also empowers the
grand jury of every county to appoint any number of sub-constables, not exceeding 10 in every barony or halfbarony within such county; and such sub-constables shall
be subject to all the regulations, powers, and provisions 320eo, 3.c.16. contained in the 32 Geo. 3. c. 16. Ir. which enacts, (s. 2.)
that such constables shall at all times be aiding and assistDuty of sub. ing in preserving the peace and executing the law, within constables. every barony or half barony, or in any other part of such
$ 2. Ir.
county, and obey such lawful direetions as they shall rew ceive from any magistrate within such county; and in case any such constable shall be guilty of any neglect or violation of duty, he shall be liable to be removed by any such grand jury, and incur such penalty not exceeding 40s., and such imprisonment in the common gaol not exceeding one month, as the justices at the quarter sessions for said county (after proof by 1 witness upon oath or on the confession of the party) shall impose: and by S. 3. such constable shall have all, power, privileges and authorities, and be subject to the same penalties and regulations, which any constable is by
any constable is by law subject or entitled to, and shall açt as ministerial officers of the
peace; ; and by s. 10: shall be aiding in removing nuisances from the public highways, and in preventing encroachments and obstructions from being made thereon, and in preventing bridges or the battlements thereof from being injured or prostrated, and shall to the best of their power enforce all laws enacted for the preservation of the pub. lic highways and bridges, and enforce the penalties prescribed by the same. And by s. 3. for the better preventing the commission of offences, and the more speedy 'and certain apprehending of offenders against the peace within every such county, and for assisting in the execution of the law therein, such constables shall be provided with proper arms and accoutrements at the expense of such counties: and this act limits the amount of such expense, the salary of such officers, their fees for transmitting prisoners, and also regulates the mode of levying the same. But by s. 8. no person shall be entitled to fill the office of constable under this act, unless he shall have previously: obtained a certificate from 3 magistrates resident in the same barony or half-barony, or if none such are resident therein, then of any 3 magistrates contiguous thereto, that the said person so to be appointed is in every respect qualified to discharge the duties of such office: and unless also (by s. 9.) he shall have taken the following oath before one of the judges of assize lor before the justices of the quarter sessions :"I, A. B. Constable;s guth. do swear, that I will well and truly serve our sovereign.
u ford the king, in the office of constable in the county « of that I will see and eause his majesty's peace U to be kept and preserved, according to the hest of my “ power, without favour or affection, malice or evil will; “ that I will to the best of my power remove, or cause to “ be removed, all nuisances from the public highways, “ and prevent any obstructions or encroachments from “ being made thereon ; and that I will prevent to the best " of my power, any bridges, or the battlements thereof, “ from being injured or prostrated; and that I will, to
the best of my power, enforee all laws enacted for the “preservation of highways and bridges, and enforce the “ penalties prescribed by the same; and that I will well “ and truly execute all warrants and precepts to me di" rected, from the justices of the peace of said county, S. according to law; and I will well and truly, according “ to my power, knowledge and ability, do and executé * all other things belonging to the office of a constable,
as long as I shall continue in the said office." And the said judge or justices shall thereupon give a certificate of the taking of such oath, according to a form thereby pre+ scribed; and such constable shall deliver such certificate to the treasurer of the county, who shall enter the same in a book to be kept amongst the records of the county,
and produce the same to the grand jury at each assizes. Exemptions Special exemptions from serving the office of constable, from this offices have been granted by certain statuteś to which I shall
merely refer: thus to dissenters upon their appointing sufficient deputies, and to teachers or preachers in holy orders by the 1.W & M. c. 18. Eng.; to the prosecutors of felons by the 10 & 11. W. 3. c. 23. Eng: ; and to persons serving in the militia by the 26 Geo. 3, c. 107. Éng. The 6. Geo. 1. c. 5. Ir. contains the same exemption for dissenters, &c. as the í W. &. M. c. 18. Eng. And by the 33 Geo, 3. c. 22. Ir. quakers are exempted from being high or petty constables, for the purposes of this act which consolidates the laws relating to the militia; and this act also exempts serjeants, corporals, drummers, and privates from being peace officers until discharged from the militia. The 1 Geo, I. st. 2. é: 13. s. 1. Eng. which requires
the oaths of allegiance, supremacy, and abjuration to be taken as a qualification for holding offices, includes constables generally: but tithing men, headboroughs, and other inferior officers are by s. 20. excepted. And high constables as well as petty constables are excepted out of the Test Act 25 Car. 2. c. 2. Eng. which required, in addition to the oaths of allegiance, &c. the declaration against transubstantiation to be made, and the sacrament to be received according to the usage of the church of England. And the 1 W. & M. c. 18. s. 7. Eng. and 31 Geo. 3. c. 32. s. 7. Eng. enable dissenters and catholics to execute the office of high or petty constable by deputy, if they shall scruple to take the oaths required (în respect to such office. But these statutes will be more fully stated in the next chapter.
In England the 3 Jac. 1. c. 10.-27 Geo. 2. c. .3– Remuneration 18 Geo. 3. c. 19.-26 Geo. 3. c. 107. -41 Geo. 3. c. 78.
to constables, and 42 Geo. 3. c. 90. provide for defraying the expenses of constables in conveying offeuders to gaol, executing justices' warrants, levying penalties, doing the business of their respective parishes, &c. and discharging the duties imposed on them in respect to raising the militia. And in Ireland, the 17 Geo. 2. c. 6.-32 Geo. 3. c. 16.-and 36 Geo. 3. c. 55. empower grand juries to present a certain compensation to constables for transmitting prisoners, keeping the peace, and executing the law in their proper baronies, and for receiving the public money. V. As to the surreyors of highways, the 13 Geo. 3.
$5. c. 78. Eng. which reduces into one act the several statutes
Surveyors of for the amendment and preservation of the public high-highways-horo ways in England, provides for the appointment of one 13 660.3.c.78. surveyor of the highways, or more, in every parish, *. 1. tu 15. Eng. township or place. And for that purpose directs that on September 22, in every year, unless that day be a Sunday, and then on the day following, the constables, church-wardens, surveyors of the highways, and householders assessed to any parochial or public rate, shall assemble at the church or chapel, or if there be no church, &c. then at the usual place of public meeting, at the hour of 11 in the forenoon, and make a list of the names of at least 10 persons, each of who.n hath an VOL. I.