Year: 1873




recently defined the power and duties OF
constablcs. As the law in relation to
these officers is the same throughout the
state, its publication may be of general
! interest


The Office Of constable is one possess
ing at common law large powers and vest,
ed with the performance Of duties which
are gravely important to good order. aud
good morals, peace and decorum Of the
community


His first and general duty is to keep
the peace, and for this purpose he may
take into custody, and may commit to
Jail, and even break open the doors of
! houses-iu fact no act of authority, which
is not of itself illegal, may not be lawfully
done by constable to prevent breach
OF the peace. | Chitty, G i 20 to 26
Bac Com 366 If there is reason
able ground for suspicion he may arrest
without a warrant, and hold the offender
for examination but his action in this re
gard is at his own peril-for he may not
make an arrest unless the facts and cir
cumstances would justify prudent man
in assuming that the grounds of suspicion
were onable-that is, exhibited cause
to believe that felony had bees com.
mitted 8 w. & S. 309.


He has the further power to arrest.
without warrant, for breach of the peace
committed in his presence, after he has
made such an arrest he may conduct the
person to Jail, and the jailor must receive
him to be detained in custody until an
examination may be had without unne-
cessary delay. S. q r. Al.


His most responsible, and too often his
most neglected duty, is to retarn to the
Court at each and every session such Of
fenses into which the Court hns power to
inquire, try and punish. This function
makes him the Inspector of his bailiwick
the informant Of the Court, and the
means Of repressing crime. This last du.
ty is to be performed under the sanction
of an oath-and may be made the basis
OF bench warrant and arrest.


If it be performed with fidelity an ex-
animation of the constables' returns would
once inform the court Of the moral condi-
ton of the county, and few ofienses would
go unpunished.


These are common law powers and du
ties which are attached to the Office, and
a failure to perform them or any Of them
is misdemeanor in Office, which could and
would be pushed by this court upon con
viction had


But the Legislature has enlarged and
particularly specified some of these official
powers and duties.


One of the statutes required that con.
stables should search public houses and
places suspected of entertaining tipplers
on Sunday, and compel them to disperse
quietly.


BY various statutes enacted at various
times, the constable is required to make a
| return under oath as to whether offenses
against the game or fishing laws have
been committed in his bailiwick ; whether
any bastard children have been born there
| 10 together with their sex and names Of
their mothers whether there are tipping
| houses-that is, unlicensed houses for the
illegal sale of liquors-or unlicensed
houses that violate the conditions Of their
| license-and whether there are any com
mon, i'll governed disorderly houses,
houses of prostitution or gambling houses.
| The constable must further return, whe-
ther the index boards are placed and
maintaincd at the junction roads-whe
ther there were breaches of the peace at
the election, and the names Of the offend
ers- whether within his knowledge there
was wagering upon the election, aud the
names OF the better, and whether there
were frauds upon the election.
All these returns must be made under
oath and if such offenses exist and be not
returned, the constable knowing Of their
existence, is guilty ola misdemeanor in
Office.