The Sun.
London, England, 1831-09-29 00:00:00

SPECIAL CONSTABLES.

Lord Melbourne on Friday presented to the House
of Lords a Bill " to amend the laws relative to the
appointment of special constables, and for the better
preservation of the peace." The following are the
outlines of it :—The preamble briefly says,—
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, and then proceeds to enact, that in 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 any two or more Justices of the Peace of
any liberty, franchise, city, or town, in England or
Wales, upon the oath of any credible witness, that
any tumult, riot, or felony has taken place, or may
be reasonably apprehended, &c., and such Justices
shall be of opinion that the ordinary officers ap-
pointed for preserving the peace are not sufficient
for• the preservation of the peace, and for the pro-
tection of the inhabitants and the security of the
property in any such parish, township, or place as
aforesaid, then and in every such case the said
Justices are hereby authorized to nominate and ap-
point, by precept in writing under their hands, so
many as the said Justices shall think fit of the house-
holders 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 shall seem fit and necessary, for the preser-
vation of the public peace, and for the protection
of the inhabitants, and the security of the property
in such parish, township, or place ; and it shall he
lawful for the sa•d Justices to make such other
orders and regulations as may from time to time be
necessary and expedient, for rendering the said
special constables more efficient for the preservation
of the public peace; and the said Justices so appoint-
ing, or any one of them, are and is hereby authorized
to administer to every person so appointed the fol-
lowing oath ; that is to say,
" I, A. B , do swear, that I will well and truly serve
our Sovereign Lord the King in the office of special con-
stable for the parish (or township, &c.) of with-
out favour or affection, malice or ; and that I will
to the best of my power cause the peace to be kept anti
preserved, and prevent all offences uainst the persons and
property of his Majesty's subjects ; anti that while I shall
continue to hold the said office, I will to the best of my
skill and knowledge discharge all the duties thereof faith•
fully according to law. So help me God."
Afterwards providing the notice of the circum-
stances be transmitted to the Secretary of State amid
to the Lieutenant of the County.

Subsequent clauses provide that the Secretary of
State, on representation of Justices, may order per-
sons to be sworn in though exempt by law; and
may direct any Lord Lieutenant to cause special
constables to be sworn in for the whole or arty por-
don of a county; and no exemption to be allowed.
That the Justices of the Peace who shall have ap-
pointed any special constables under this Act, or
any two of them, or the Justices acting for the divi-
sion or limits within which such special constables
shall have been called out, at a special session of
such last-mentioned Justices, shall have pourer to
remove any such special constable from his office for
anv misconduct or neglect of duty therein.
'The powers of special constables to extend
throughout the jurisdiction of the Magistrates ap-
pointing.
Where any special constables appointed under this
Act shall be serving within any county, and two or
more Justices of the Peace of any adjoining county
shall make it appear to the satisfaction of any two
or more Justices of the Peace acting for the division
or limits wherein such special constables are serving,
that any extraordinary circumstances exist which
would render it expedient that the said special con-
stables should act in such adjoining county, then and
in every such case the said last-mentioned Justices
are hereby authorized (if they shall think fit) to
order all or any of the said special constables to act
in such adjoining county in such manner as to the
said last-mentioned Justices shall seem meet; and
every such special constable, during the time that he
shall so act in such adjoining county, shall have, ex-
ercise, and enjoy all such power s,authOrities, advan-
tages, and immunities, and he liable to all such duties
and responsibilities, as if he were acting within the
parish, township, or place for which he was originally
the
'o4l:Hplco'eoi,nbted.
penalty
or atte attending
for
ngs refusing a
mmot
take
tig,toc.,ba
but there
eoraet of
is
a
blank for the stun ; also a penalty for refusing to
serve, or for disobedience of orders, but a blank in
the Bill for the sum.
There follow powers to the Justices to discon-
tinue the services of constables called out ; directing
that notice of such discontinuance be transmitted to
the Secretary of State, &c. Special constables to
deliver staves,&c. to successors.
Punishment for assaulting or resisting constables,
or promoting or encouraging others to do so, a
penalty not exceeding twenty pounds, or such other
punishment,
upon conviction on any indictment or
information for such offence, as any persons are by
law liable to for assaulting any constable in the exe-
cution of the duties of his office.

Special constables not to gain a settlement, nor be
exempt from the Militia.
Justices in special session may order allowances
to the special constables, such allowances to be
paid out of the county rate, and directs the mode of
payment in places not ccntributing to the coon!), rate.
There are then clauses giving powers to Justices
of the Peace to adjourn any special sessions, &c.,
and directing how proceedings for penalties under
thii Act shall take place, &c., and that in all actions
for any thing done in pursuance of this Act, the
venue shall be laid and the case tried in the county
where the fact was commenced. The action to be
commenced within six months.

The Bill proposes to repeal an Act passed in the
Ist Geo. IV., e►:titled " An Act to increase the
Power of Magisirates in the appointment of Special
Constables," as to all parts of England and Wales;

and provides, that nothing in this Act contained shall
extend to Scotland or Ireland.
The following proviso concludes the Bill—That
nothing in this Act contained shall be construed to
abridge any powers for preserving the public peace,
whether by appointing constables or otherwise,
which any Jtistice or Justices of the Peace had, by
law, or by virtue of any statute or statutes, before the
passing of the Ist Geo. IV., c. 37.

POLICE INTELLIGENCE.

no TV-STREET.

On Tuesday a young man named Charles
Bosworth was brciuJit before Sir R. BIRNIE,
by Gardiner, the officer, charged with haying falsely
represented himself as an officer of the Palace Court,
and with fraudulently obtaining the sum of one
guinea from Mr. Peter Alexander Richardson, a me-
dical student, residing at No. 8, Cateaton-street.
Mr. Richardson stated, that on the night of Wed-
nesday, the 21st instant, at about half-past eleven
o'clock, he met the prisoner at the Sun Tavern,
Devereux-court, Strand. They had some conver-
sation about a writ for 141., which the prisoner said
had been issued against him (the prosecutor) at the
suit of one Martha Robinson. The prisoner pro-
duced a copy of the service of this writ, and said he
had a bail-bond in his pocket, which roust be signed
by two respectable householders, otherwise that he
(prosecutor) must be locked up. They then went
down stairs together, and the prisoner told him that
he was going to take him to a sponging-house. Ho
accordingly took him to the doors of two houses, •
which he told him were sponging-houses, situate in
a court off Chancery-lane. They were, ho a ever,
both closed, and the prisoner then told him he must
lodge him in the Marshalsea. Upon asking what
would be the consequence of his going there, the
prisoner said, that if he was once lodged in the
Marshalsea, he could riot get bail, and must remain
there for seven or eight weeks, until liberated by
the Insolvent Debtors' Act. He then► consented to
accept of an undertaking from Mr. Cooper, the
landlord of the Sun public-house, for his appearance
at eleven o'clock on the following day. They then
went to the public-house in question, and the pri-
soner there drew up a paper, to the effect, that Mr.
Cooper would be responsible for his (prosecutor's)
appearance on the morning following. For this do-
cument the prisoner demanded one guinea, which he
gave him under the belief that he must otherwise
have been lodged in prison.
Mr. Cooper stated that he saw the document
which the prisoner had drawn up, and signed his
name to it, thereby making himself answerable for
the appearance of the young gentleman on the fol-
lowing day. He, however, told the prisoner, that
he was acting illegally, and said he had no right to
arrest the prosecutor. Witness, after signing the
undertaking, heard the prisoner demand money of
the prosecutor, and saw the latter pull his purse out
and give him a sovereign.
An officer of the Palace Court produced the ori-
gami of a serviceable writ against Peter Richardson,
at the suit of Martha Robinson. There was no
writ issued from the Palace Court to hold Richard-
son to bail. The document produced would not
warrant an officer holding the defendant to bail.
Sir R. BIRNIE wished to know how the original
writ came into the possession of the last witness. .
The solicitor for the prosecution explained, that
previous to the arrest of Mr. Richardson, a letter
had been written to him demanding some furniture,
on the part of the person named Martha R,binson,
and on the non-compliance with that demand, the
writ was issued from the Palace Court.
Sir R. BIRNIE asked the Palace Court officer if
he knew the prisoner, and whether he had authority
to act as an officer of that Court ?—The witness re-
plied that the prisoner was employed as an assistant
under his father to serve copies jfwrits,•but not to
hold parties to bail. The fact was, that the prose-
cutor having but lately come up from the country,
was wholly ignorant of business, and consequently
open to the imposition which had been practised
upon him. The prisoner not only received a guinea
from the prosecutor in the way described, but told
him he must bring him 1/. 6s. besides, when he came
forward in the morning to exonerate his bail.
The defendant, in answer to the charge, said he
was insensible at the time the transaction took place,
and was not aware until the next morning of what
he had done.

Mr. Cooper said, that the prisoner on the night in
question was just as sober as he was then. •
Sir R. BIRNIE observed, that it was a clear case
of fraud, and he should certainly send the prisoner
for trial, unless he could procure moit unexception-
able bail.

The solicitor for the prosecution hoped, as the
case was one of a very strious description, that the
Magistrate would order the prisoner to give lorty-
eight hours' notice of the parties whom he meant to
produce as his sureti,-s.
Sir R. BIRNtE agreed to this, and the witnesses
having been bound over to prosecute, the prisoner
was fully committed for trial.