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his authority; when required to act, he will do so with decision and boldness; on all occasions he may expect to receive the fullest support in the proper exercise of his authority. He must remember that there is no qualification so indispensable to a police-officer as a perfect command of temper, never suffering himself to be moved in the slightest degree, by any language or threats that may be used; if he do his duty in a quiet and determined manner, such conduct will probably excite the well-disposed, of the by-standers to assist him, if he requires them; but unless in cases of urgency, he ought not to interfere without having a force sufficient to prevent any opposition.

In case of a fire taking place, the constable at the spot will give immediate alarm, and always spring his rattle for that purpose. He should, as soon as possible, send information to the division station; and until the arrival of some superior officer, from whom he may receive further orders, he will exert himself in any way likely to be most useful, as in keeping the space near the spot clear, assisting in removing property, sending for police from the nearest section residences, giving notice to the fire-offices, engine-keepers, turncocks, &c.

No man at any great distance from the fire should leave his beat, for depredators might take advantage of his absence on such an occasion.

For his exertions upon these, or any extraordinary occasions, the commissioners may recommend him to the Secretary of State for a reward, if he shall be considered deserving; but upon no pretence whatsoever shall he receive a gratuity from any person for any thing relating to his duty; this will al

ways be visited with immediate dismissal. Further instructions will be given to any constable who may find himself in need of them. Provisional Instructions.

Part II.

It is intended here to state such part of the law, relating to the office of constable, as may be sufficient for the general instruction of the police force.

Each individual will bear in mind, the extreme importance of making himself perfectly acquainted with this subject; it is necessary to enable him, with a due regard to his own safety, to act efficiently for the protection of the public.

In the novelty of the present establishment, particular care is to be taken that the constables of the police do not form false notions of their duties and powers.

Though they may be more numerous and better appointed than constables were formerly, they must not suppose they possess any powers beyond those which the law expressly gives them; but the powers of a constable, as will appear hereafter, are when properly understood and duly executed, in truth, very great. He is regarded as the legitimate peace-officer of his district; and both by the common law and many acts of Parliament, he is invested with certain powers, and has imposed on him the discharge of many public duties.

Thus he is authorized and required in many cases to act, in the execution of his office, either—

By arresting a party, charged with or suspected to be guilty of some offence;

To enter a house, in pursuit of an offender-to quiet an affray, or search for stolen goods;

Or to take from another, goods which, from some circumstances of suspicion, are supposed to have been stolen.

It therefore becomes necessary that the constable should inform himself in what cases he ought so to interfere; and what legal powers he possesses to effect the object, in case he meets with resistance. To assist the police constables in the discharge of their duties on these occasions, the following observations are prepared for their attentive perusal.

We shall begin by showing him for what offences of more ordinary occurrence a party may be arrested and taken into custody. With this object offences may be divided into

Felonies and Misdemeanours. Murder, house-breaking, robbery, stealing, picking pockets, receiving stolen goods knowing them to have been stolen, assaulting any one with intent to rob, setting fire to any church, house or other buildings, are some of the principal felonies, besides a great many more, too numerous to be inserted here. Persons guilty of any of these offences are called felons.

Smaller faults and omissions of less consequence, such as common assaults, affrays, and mere riots, have the gentler names of misde

meanours.

As it is more important to prevent and punish the commission of great crimes than of the lesser offences, the constable has a greater power in cases of felonies than in those of mere misdemeanours.

But the first duty of a constable is always to prevent the commission of a crime.

We shall therefore now show him what power he has to arrest a

party, whom, from his situation and character, the law judges to be likely to commit some felony.

Thus the constable may arrest one whom he has just cause to suspect is about to commit a felony.

As when a lunatic, or a drunken person, or a man in a violent passion, threatens the life of another, or when people are fighting furiously, or breaking into a house, or doing such things which are likely to lead to the commission of any felony, the constable should interfere and arrest the parties.

So any person having in his possession any pick-lock key, crow, jack, bit, or other implement, with intent feloniously to break into any dwelling-house, warehouse, coachhouse, stable, or out-building, or being armed with any gun, pistol, hanger, cutlass, bludgeon, or offensive weapon, or having upon him any instrument, with intent to commit any felonious act.

Every one being found in any dwelling-house, warehouse, coachhouse, out-house, or stable, or in any enclosed yard, garden, or area, for any unlawful purpose.

Every suspected person, or reputed thief, frequenting any river, canal, dock, or any wharf or warehouse near thereto, or any street, highway, or place adjacent, with intent to commit a felony, may be arrested.

In each of these cases the constable must judge from the situation and behaviour of the party what his intention is. In some cases no doubt can exist, as when the party is a notorious thief, or acting with those who are thieves, or when the party is scen to try people's pockets in a crowd, attempt to break into a house, or has endeavoured to carry off any property secretly from another; but the

constable shall not act hastily, if the intentions are not thus clear, but content himself with watching closely the suspected party, and he will probably soon discover what his intentions really are.

The constable must arrest any one he sees in the act of committing a felony.

Also any one whom another positively charges with having committed a felony.

So upon the suspicions of another, if the grounds of the suspicion appear to the constable to be reasonable, and the party entertaining them go with the constable.

So, though no charge be made, yet if the constable suspect a person to have committed a felony, he should arrest him; and if he have reasonable grounds for his suspicion, he is justified, even though it should afterwards appear that no felony was in fact committed.

But the constable must be cautious in thus acting upon his own suspicions.

Yet, generally, if the arrest was made discreetly and fairly, in pursuit of an offender, and not from any private malice or ill-will, the constable need not doubt but that the law will protect him.

If after sunset, and before sunrising, the constable shall see any one carrying a bundle, or goods, which he suspects were stolen, he should stop and examine him first, and may detain him; but here also he should judge from all the circumstances the appearance and manner of the party, his account of himself, and so on,-whether he has really got stolen goods, before he actually takes him into custody. The constable must make every exertion to effect the arrest, and the law gives him abundant power for the purpose. If the felon or

party accused fly, he may be immediately followed wherever he goes; and if he take refuge in a house, he, the constable may, first stating who he is, and his business, break open the doors, if necessary, to get in. But the breaking open outer doors is so violent and dangerous a proceeding, that the constable never should resort to it except in extreme cases, and when an immediate arrest is necessary.

There are cases, however, in which a constable may and ought to break into a house, although no felony has been committed,-that is, from the necessity of the cases, which will not admit of delay; as when persons are fighting furiously in a house, or a house has been entered by others with a felonious intent, and a felony will probably be committed unless the constable interfere, and he cannot otherwise get into the house; but except in such cases, the constable usually ought to wait till he gets a warrant from the magistrate.

If the constable find his own exertions, or those of the other constables there, insufficient to effect the arrest, he ought to require all persons present to assist him, and they are bound to do so.

If a prisoner should escape, he may be retaken; and on immediate pursuit, the constable may follow him anywhere, or into any house, whether his own or another's, in which he has taken refuge.

In cases of actual breaches of the peace, as riots, affrays, assaults, and the like, committed within the view of the constable, he should immediately interfere (first giving public notice of his office, if he be not already known), separate the combatants, and prevent others from joining in the affray. If the riot, &c. be of a serious nature, or

if the offenders do not immediately desist, he should take them into custody, securing first the principal instigators of the tumult, and do every thing in his power to restore quiet. So if persons go about at night armed, or in any other such manner as to excite great suspicion that a breach of the peace is intended; or if there be a disorderly noise and drinking, in a house at an unseasonable hour of the night, it is the duty of the constable to arrest the parties. So he may equally, as in other assaults, arrest any one assaulting or opposing him in the execution of his duty.

If a person forcibly enter the house of another, the constable may, at the request of the owner, turn him out directly. If he have entered peaceably, the constable should first request him to go out; and unless he do so, he should turn him out in either case using no more force than is necessary for that purpose. So, when the offence has not yet been committed, but when a breach of the peace is likely to take place, as when persons are openly preparing to fight, he should take the parties concerned into custody. If they fly into a house, or are making such preparations to fight within the house, the constable should enter the house to prevent them, and likewise take the parties into custody; and should the doors be closed, he may break them open, if admission is refused, after giving notice of his office, and his object in entering.

If any party threaten another with immediate personal violence, offer to strike, or draw a weapon upon another, the constable should take him into custody; but if persons are merely quarrelling or insulting each other, the constable has no right to take them into

custody, but should admonish them to refrain.

The constable cannot, in cases of misdemeanour, arrest a party after the matter has happened, upon the charge of another; though if another deliver to him a person whom he charges with having committed such a breach of the peace, the constable is bound to take charge of him.

If a party, charged with a misdemeanour, escape out of custody, he may be pursued immediately any where; and if he take refuge in a house, the doors may be broken open after demand of admission, and notification by the constable of his office, and object in coming.

After the arrest, the constable is in all cases to treat a prisoner with kindness and humanity, and impose no constraint upon him but what is necessary for his safe custody.

In all cases it is desirable to take the prisoner as soon as convenient before the sitting magistrate, who will dispose of the case. At night he is to be taken to the division station, or, in cases of necessity, to the nearest place of safety.

It will frequently be more advisable for the constable to get a warrant from a magistrate before he acts in taking parties into custody. The constable is bound to follow the directions contained in the warrant, and to execute it with secrecy and dispatch; in doing so he has equal power as when he acts without a warrant, in the manner that has been already stated.

If the warrant cannot be executed immediately, it should be within a reasonable time afterwards. He must execute the warrant himself, or when he calls in assistance must be actually present. be actually present. Upon all occasions he ought to state his

authority if it be not generally known, and should show his warrant when required to do so; but he should never part with the possession of the warrant, for it may be material for his own justification afterwards.

When the constable gets within reach of a party against whom he has a warrant, he should, in order to make the arrest, touch his person, or shut him up in a room, stating at the same time that he makes him his prisoner. When the person to be taken is not personally known to the constable, he should in some way be able to identify him, as, by taking some one with him to whom the party is known, or by some marks, &c., previously given him. Upon the arrest being made, the prisoner is to be taken before the magistrate as soon as convenient. When the prisoner is brought to the justice, he still remains in custody of the constable until his discharge or committal.

The constable may enter a house to search for stolen goods, having got a search-warrant from a magistrate for that purpose. He should in general execute it in the daytime. If he finds the goods mentioned, he is to take them to the magistrate, and when the warrant so directs, the person also in whose possession they are found: to avoid mistakes, the owner ought to attend at the search to identify the goods.

In the classes of offences which are now to be enumerated, there frequently occur cases in which it is not desirable that the law should be enforced against the offenders; the constable will therefore not notice them, unless when the offence may be committed with such circumstances of aggravation or mis

chief and offence to the public as to require his immediate interference, or unless he receives a special command from his officers. But he should know that he has power to apprehend and carry before a justice of the peace

Every common prostitute wandering in the public streets or public highways, or in any place of public resort, and behaving in a riotous or indecent manner.

Every petty chapman or pedlar wandering abroad without being duly licensed, or otherwise authorised by law.

Every person wandering abroad or placing himself or herself in any public street or highway, court, or passage, to beg or gather alms, or causing, or procuring, or encouraging any child or children so to do, all such being declared by the law idle and disorderly persons.

Any person committing any of the foregoing offences a second time after a former conviction.

Every person professing to tell fortunes, or using any subtle craft, means, or device, by palmistry or otherwise, to deceive or impose on any of his majesty's subjects.

Every person wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, not having any visible means of subsistence, and not giving a good account of himself or herself.

Every person wilfully exposing to view in any street, road, highway, or public place, any obscene print, picture, or other indecent exhibition.

Every person wilfully, openly, lewdly, and obscenely exhibiting his person in any street, road, or public highway, or in the view

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