By the Metropolitan Police Acts, 10 Geo. IV. c. 44, and 2 & 3 Vict. c. 47, the police force are appointed by direction of the Secretary of State, and sworn in as constables by the commissioners ; and in boroughs affected by the provisions of the Municipal Reform Act (5 & 6 Wm.
I V. c. 76), constables are now appointed by the Watch Committee, under the au thority of the 76th section of that statute. County and district constables (rural police) may be appointed by the justices at quarter-sessions, under 2 & 3 Vict. c. 93. and 3 & 4 Vict. C. 88 ; constables (a police) for the protection of property on canals and rivers, by justices in counties, and by the Watch Committee in boroughs, under 3 & 4 Vict. c. 50. By these acts the duties of the office of constable are altered, as well as the mode of appoint ment. By 5 & 6 Vict. C. 109, parish con stables may be appointed by the justices from the lists to be returned by the ves tries, and vestries may unite to appoint a permanent and salaried constable for a union of parishes. These recent modifi cations of the ancient office of constable are noticed under POLICE. The office of constable at common law is a yearly appointment, and if any officer has served longer than a year, the justices at quarter sessions will, upon his application, dis charge him, and appoint another officer in his stead.
Besides these general constables, two or more justices of the peace, upon in formation that disturbances exist or are Apprehended. are authorized by the stet.
1 & 2 Wm. IV. e. 41, to appoint special constables ; and by the 83rd section of the Municipal Reform Act magistrates in boroughs are authorized to swear in as many inhabitants as they think fit to act as special constables when called upon. The act 5 & 6 Wm. IV. c. 43, and 1 & 2 Vict. c. 80, enlarged the provisions of 1 & 2 Wm. IV. c.41, by enabling justices to appoint persons to act as special con stables in other places than where they resided, and to pay constables engaged to suppress outrages by labourers and others engaged on railways and other public works.
By 7 & 8 Vict. c. 33, an act was passed for " relieving high constables from at tendance at quarter-sessions, in certain cases, and from certain other duties." It
was formerly the duty of the high con stable to collect and pay the county rates to the county treasurer, but the duty is transferred to the Boards of Guardians ; and in parishes which are not in any union, it devolves upon the overseers. High constables for each division are to be appointed at the special sessions held for hearing appeals against the rates, and not at the quarter-sessions, as hereto fore.
In general all the permanent inhabit ants within a district, borough, parish, or place, are liable to serve as constables; but they must be persons of good charac ter and of competent ability; and the lord or steward of the manor at the lee, or the justices, may exercise a discretion as to the appointment of proper persons. It is obligatory upon a constable who has been legally appointed to serve the office, unless he can show some lawful exemp tion; and if he refuses to serve, he may be fined or punished by indictment. The following persons are exempt from serv ing the office ; namely, members of the colleges of physicians and surgeons, and the Apothecaries' Company in London, practising barristers, attorneys, dissenting ministers following no trade or other em ployment except that of a schoolmaster, schoolmasters, parish-clerks, clerks of guardians in poor-law unions, masters of workhouses, churchwardens, overseers and relieving-officers, registrars and superintendent - registrars ; and game keepers, victuallers, licensed retail beer sellers, and dealers in exciseable liquors, are disqualified.
The Metropolitan Police Act and the Municipal Reform Act contain provisions that the constables to be appointed under those statutes respectively shall have all such powers and privileges, and be liable to all such duties and responsibilities as any constable has within his constable wick by virtue of the common law of this realm. In consequence of these provi sions, it becomes of great practical impor tance to ascertain with precision the common-law incidents of the office of constable.