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his authority; when required to ways be visited with immediate act, he will do so with decision and dismissal. Further instructions boldness; on all occasions he may will be given to any constable who expect to receive the fullest sup- may find himself in need of them. port in the proper exercise of his
Provisional Instructions. authority. He must remember
Part II. that there is no qualification so indispensable to a police-officer as a
It is intended here to state such perfect command of temper, never part of the law, relating to the suffering himself to be moved in office of constable, as may be suffithe slightest degree, by any lan- cient for the general instruction of guage or threats that
the police force. if he do his duty in a quiet and de
Each individual will bear in termined manner, such conduct will mind, the extreme importance of probably excite the well-disposed, making himself perfectly of the by-standers to assist him, if quainted with this subject; it is he requires them; but unless in necessary to enable him, with a cases of urgency, he ought not due regard to his own safety, to to interfere without having a force act efficiently for the protection of sufficient to prevent any opposition. the public. In case of a fire taking place, the
In the novelty of the present constable at the spot will give ime establishment, particular care is to mediate alarm, and always spring be taken that the constables of the his rattle for that purpose.
He police do not form false notions of should, as soon as possible, send in- their duties and powers. formation to the division station; Though they may be more nuand until the arrival of some supe- merous and better appointed than rior officer, from whom he may re
cunstables were formerly, they ceive further orders, he will exert must not suppose they possess any himself in any way likely to be powers beyond those which the most useful, as in keeping the space law expressly gives them ; but the near the spot clear, assisting in re- powers of a constable, as will appear moving property, sending for police hereafter, are when properly underfrom the nearest section residences, stood and duly executed, in truth, giving notice to the fire-offices, very great. He is regarded as the engine-keepers, turncocks, &c. legitimate peace-officer of his dis
No man at any great distance trict ; and both by the common from the fire should leave his beat, law and many acts of Parliament, for depredators might take advan- he is invested with certain powers, tage of his absence on such an oce and has imposed on him the discasion.
charge of many public duties. For his exertions upon these, or
Thus he is authorized and reany extraordinary occasions, the quired in many cases to act, in the commissioners may recommend him execution of his office, eitherto the Secretary of State for a re- By arresting a party, charged ward, if he shall be considered with or suspected to be guilty of deserving; but upon no pretence some offence; whatsoever shall he receive a gra- To enter a house, in pursuit of tuity from any person for any thing an offender-to quiet an affray, or relating to his duty; this will al search for stolen goods ;
Or to take from another, goods party, whom, from his situation which, from some circumstances of and character, the law judges to be | suspicion, are supposed to have likely to commit some felony. been stolen.
Thus the constable may arrest It therefore becomes necessary one whom he has just cause to susthat the constable should inform pect is about to commit a felony. himself in what cases he ought so As when a lunatic, or a drunken to interfere; and what legal powers person, or a man in a violent pashe possesses to effect the object, in sion, threatens the life of another, case he meets with resistance. To or when people are fighting furiassist the police constables in the ously, or breaking into a house, or discharge of their duties on these doing such things which are likely occasions, the following observa- to lead to the commission of any tions are prepared for their at- felony, the constable should intertentive perusal.
fere and arrest the parties.
posfor what offences of more ordinary session any pick-lock key, crow, occurrence a party may be arrested jack, bit, or other implement, with and taken into custody. With intent feloniously to break into any this object offences may be divided dwelling-house, warehouse, coachinto
house, stable, or out-building, or
being armed with any gun, pistol, Felonies and Misdemeanours.
hanger, cutlass, bludgeon, or offenMurder, house-breaking, rob- sive weapon, or having upon him bery, stealing, picking pockets, re- any instrument, with intent to ceiving stolen goods knowing them commit any felonious act. to have been stolen, assaulting any Every one being found in any one with intent to rob, setting dwelling-house, warehouse, coachfire to any church, house or other house, out-house, or stable, or in buildings, are some of the principal any enclosed yard, garden, or area, felonies, besides a great many more,
any unlawful purpose. too numerous to be inserted here. Every suspected person, or re
Persons guilty of any of these puted thief, frequenting any river, offences are called felons.
canal, dock, or any wharf or wareSmaller faults and omissions of house near thereto, or any street, less consequence, such as common highway, or place adjacent, with assaults, affrays, and mere riots, intent to commit a felony, may be have the gentler names of misde- arrested. meanours.
In each of these cases the conAs it is more important to pre- stable must judge from the situavent and punish the commission of tion and behaviour of the party great crimes than of the lesser what his intention is.
In some offences, the constable has a greater cases no doubt can exist, as when power in cases of felonies than in the party is a notorious thief, or those of mere misdemeanours. acting with those who are thieves,
But the first duty of a constable or when the party is seen to try is always to prevent the commission people's pockets in a crowd, attempt of a crime.
to break into a house, or has enWe shall therefore now show deavoured to carry
any property him what power he has to arrest a secretly from another; but the constable shall not act hastily, if party accused fly, he may be imthe intentions are not thus clear, mediately followed wherever he but content himself with watching goes; and if he take refuge in a closely the suspected party, and he house, he, the constable may, first will probably soon discover what stating who he is, and his business, his intentions really are.
the doors, if necessary, The constable must arrest any to get in. But the breaking open one he sees in the act of committing outer doors is so violent and dana felony.
gerous a proceeding, that the conAlso any one whom another po- stable never should resort to it exsitively charges with having com- cept in extreme cases, and when an mitted a felony.
immediate arrest is necessary. upon the suspicions of another, There are cases, however, in if the grounds of the suspicion which a constable may and ought appear to the constable to be rea- to break into a house, although no sonable, and the party entertaining felony has been committed, -that them go with the constable. is, from the necessity of the cases,
So, though no charge be made, which will not admit of delay; as yet if the constable suspect a person when persons are fighting furiously to have committed a felony, he in a house, or a house has been should arrest him; and if he have entered by others with a felonious reasonable grounds for his suspicion, intent, and a felony will probably he is justified, even though it should be committed unless the constable afterwards appear that no felony interfere, and he cannot otherwise was in fact committed.
get into the house; but except in But the constable must be cau- such cases, the constable usually tious in thus acting upon his own ought to wait till he gets a warrant suspicions.
from the magistrate. Yet, generally, if the arrest was If the constable find his own made discreetly and fairly, in pursuit exertions, or those of the other of an offender, and not from any prie constables there, insufficient to efvate malice or ill-will, the constable fect the arrest, he ought to require need not doubt but that the law all persons present to assist him, will protect him.
and they are bound to do so. If after sunset, and before sun- If a prisoner should escape, he rising, the constable shall see any may be retaken; and on immediate one carrying a bundle, or goods, pursuit, the constable may follow which he suspects were stolen, he him anywhere, or into any house, should stop and examine him first, whether his own or another's, in and may detain him ; but here also which he has taken refuge. he should judge from all the cir- In cases of actual breaches of the cumstances--the appearance and peace, as riots, affrays, assaults, and manner of the party, his account of the like, committed within the himself, and so on,--whether he view of the constable, he should has really got stolen goods, before immediately interfere (first giving he actually takes him into custody. public notice of his office, if he be
The constable must make every not already known), separate the exertion to effect the arrest, and combatants, and prevent others the law gives him abundant power from joining in the affray. If the for the purpose. If the felon or riot, &c. be of a serious nature, or
if the offenders do not immediately custody, but should admonish them desist, he should take them into to refrain. custody, securing first the principal The constable cannot, in cases instigators of the tumult, and do of misdemeanour, arrest a party every thing in his power to restore after the matter has happened, quiet. So if persons go about at upon the charge of another; night armed, or in any other such though if another deliver to him a manner as to excite great suspicion person whom he charges with that a breach of the peace is in- having committed such a breach of tended; or if there be a disorderly the peace, the constable is bound noise and drinking, in a house at to take charge of him. an unseasonable hour of the night, If a party, charged with a misit is the duty of the constable to demeanour, escape out of custody, arrest the parties. So he may he may be pursued immediately equally, as in other assaults, arrest any where; and if he take refuge any one assaulting or opposing him in a house, the doors
may in the execution of his duty. broken open after demand of ad
If a person forcibly enter the mission, and notification by the house of another, the constable may, constable of his office, and object in at the request of the owner, turn coming. him out directly. If he have After the arrest, the constable is entered peaceably, the constable in all cases to treat a prisoner with should first request him to go out; kindness and humanity, and impose and unless he do so, he should turn no constraint upon him but what is him out: in either case using no necessary for his safe custody. more force than is necessary for In all cases it is desirable to take that purpose. So, when the offence the prisoner as soon as convenient has not yet been committed, but before the sitting magistrate, who when a breach of the peace is likely will dispose of the case. At night to take place, as when persons he is to be taken to the division are openly preparing to fight, he station, or, in cases of necessity, to should take the parties concerned the nearest place of safety. into custody. If they fly into a It will frequently be more adhouse, or are making such prepara« visable for the constable to get a tions to fight within the house, the warrant from a magistrate before constable should enter the house to he acts in taking parties into cusprevent them, and likewise take tody. The constable is bound to the parties into custody ; and follow the directions contained in should the doors be closed, he may the warrant, and to execute it with break them open, if admission is secrecy and dispatch ; in doing so refused, after giving notice of his he has equal power as when he acts office, and his object in entering. without a warrant, in the manner
If any party threaten another that has been already stated. with immediate personal violence, If the warrant cannot be executa offer to strike, or draw a weapon ed immediately, it should be within upon another, the constable should a reasonable time afterwards. He take him into custody; but if must execute the warrant himself, persons are merely quarrelling or or when he calls in assistance must insulting each other, the constable be actually present. Upon all has no right to take them into occasions he ought to state his authority if it be not generally .chief and offence to the public as known, and should show his to require his immediate interferwarrant when required to do so; ence, or unless he receives a special but he should never part with command from his officers. But the possession of the warrant, for it he should know that he has power may be material for his own justi- to apprehend and carry before a fication afterwards.
justice of the peaceWhen the constable gets within Every common prostitute wanreach of a party against whom he dering in the public
streets or public has a warrant, he should, in order highways, or in any place of public to make the arrest, touch his resort, and behaving in a riotous or person, or shut him up in a room, indecent manner. stating at the same time that he Every petty chapman or pedlar makes him his prisoner. When wandering abroad without being the person to be taken is not per- duly licensed, or otherwise author. sonally known to the constable, he ised by law. should in some way be able to Every person wandering abroad identify him, as, by taking some or placing himself or herself in any one with him to whom the party public street or highway, court, or is known, or by some marks, &c., passage, to beg or gather alms, or previously given him. Upon the causing, or procuring, or encouragarrest being made, the prisoner is ing any child or children so to do, to be taken before the magistrate as all such being declared by the law soon as convenient. When the idle and disorderly persons. prisoner is brought to the justice, Any person committing any of he still remains in custody of the the foregoing offences a second time constable until his discharge or after a former conviction. committal.
Every person professing to tell The constable may enter a house fortunes, or using any subtle craft, to search for stolen goods, having means, or device, by palmistry or got a search-warrant from a magis- otherwise, to deceive or impose on trate for that purpose. He should any of his majesty's subjects. in general execute it in the day- Every person wandering abroad time. If he finds the goods men- and lodging in any barn or outhouse, tioned, he is to take them to the or in any deserted or unoccupied magistrate, and when the warrant building, or in the open air, or so directs, the person also in whose under a tent, or in any cart or possession they are found: to avoid waggon, not having any visible mistakes, the owner ought to at- means of subsistence, and not givtend at the search to identify the ing a good account of himself or goods.
herself. In the classes of offences which Every person wilfully exposing are now to be enumerated, there to view in any street, road, highfrequently occur cases in which it way, or public place, any obscene is not desirable that the law should print, picture, or other indecent erbe enforced against the offenders; hibition. the constable will therefore not Every person wilfully, openly, notice them, unless when the offence lewdly, and obscenely exhibiting may be committed with such cire his person in any street, road, or cumstances of aggravation or mis- public highway, or in the view