Canals (Offences) Act 1840
| Jurisdiction | UK Non-devolved |
| Citation | 1840 c. 50 |
| Year | 1840 |
(3 & 4 Vict.) C A P. L.
[4th August 1840]
'WHEREAS Robberies and other Outrages are frequently committed on Canals and Navigable Rivers throughoutEngland and Wales , and it is expedient that Power be given to appoint Constables for better keeping the Peace, and for the Prevention and Detection of Crime, along the Line of such Canals and Rivers, and in the Neighbourhood thereof:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, Thatit shall be lawful for any Two Justices of the Peace, and for the Watch Committee of any incorporated Borough, within their several Jurisdictions, on the Application of the Committee or Board of Directors acting in the Management of the Affairs of the Company of Proprietors of any Canal or Navigable River, or of any Clerk or Agent of any such Company, duly authorized by such Committee or Board of Directors, to appoint so many Persons as they shall think fit from among those who shall be recommended to them for that Purpose by such Company of Proprietors, Clerk or Agent, to act as Constables on and along such Canalor River; and every Person so appointed shall take an Oath or make a solemn Declaration in the Form or to the Effect following; (that is to say,)
'IA.B. , having been appointed a Constable to act upon and along the [name the Canal or Navigable River ], under the Provisions of [here insert the Title of this Act ], do swear, That I will well and truly serve our Sovereign Lady the Queen, in the said Office of Constable, without Favour or Affection, Malice or Ill-will; and that I will, to the best of my Power, cause the Peace to be kept, and prevent all Offences against the Peace; and that while I continue to hold the said Office, I will, to the best of my Skill and Knowledge, discharge the Duties thereof faithfully according to Law.
So help me GOD.'
Such Oath or Declaration to be administered by any One such Justice; and every Person so appointed, and having taken such Oath or made such Declaration as aforesaid, shall have full Power to act as Constable for the Preservation of the Peace, and for the Security of Persons and Property against Felonies and other unlawful Acts, on such Canal or River, and the Towing Paths and Works belonging thereto, and on and within any Railways, Tramroads, Wharfs, Quays, Locks, Docks, Landing Places, Warehouses, Lands, and Premises belonging to any such Company, and in all Places not more than One Quarter of a Mile distant from either Bank of such Canal or River, or from such Railways, and shall have all such Powers, Protections, and Privileges for the apprehending of Offenders, as well by Night as by Day, and for doing all Things for the Prevention, Discovery, and Prosecution of Felonies and other Offences, and for keeping the Peace, which any Constable duly appointed has within his Constablewick: Provided always, that such Power shall not extend to authorize any such Person to act as such Constable within the Metropolitan Police District, or the City ofLondon and the Liberties thereof, or in any Places beyond the Banks, Towing Paths, and other the Premises belonging to such Company, as may be situate within any other City or any incorporated Borough, any thing in this Act contained to the contrary notwithstanding.
II Dismissal of Constables.
II. And be it enacted, That it shall be lawful for any Two Justices, or the Watch Committee of any incorporated Borough, to dismiss any such Constable who shall act within their several Jurisdictions, or for the Company of Proprietors of any such Canal or River for which any such Constables shall be appointed, or for any Clerk or Agent of such Company duly authorized by the Committee or Board of Directors of such Companies, to dismiss any such Constable from his Office of Constable; and upon every such Dismissal all Powers, Protections, and Privileges belonging to any such Person by reason of such Appointment shall wholly cease, and no Person so dismissed shall be capable of being again appointed or acting as a Constable for the same Canal or River, without the Consent of the Authority by which he was dismissed.
III Constables how paid.
III. And be it enacted, That it shall be lawful for every such Company of Proprietors to pay to every such Constable, out of the Monies and Effects of the Company, such Salary or Allowances, and at such Times and in such Manner, as the Company shall think fit.
IV Penalty on Constables for Neglect of Duty.
IV. And be it enacted, That every Constable who shall be guilty of any Neglect or Breach of Duty in his Office of Constable shall be liable to a Penalty not more than Ten Pounds, the Amount of which Penalty may be deducted from any Salary due to such Offender, or, in the Discretion of the Magistrate before whom such Offender shall have been convicted, such Offender may be imprisoned in the Gaol or House of Correction for the County or Place in which such Offence shall have been committed, with or without hard Labour, for any Time not more than One Calendar Month.
V Constables dismissed to deliver up Accoutrements
V. And be it enacted, That every Constable who shall be dismissed from or shall cease to hold his Office, and who shall not forthwith deliver over all the Clothing, Accoutrements, Appointments, and all other Necessaries which have been supplied to him for the Execution of his Duty, to such Person and at such Time and Place as shall be directed by the Company on whose Recommendation he shall have been appointed, or by any Clerk or Agent of such Company duly authorized by the Company to receive the same, shall be liable to be imprisoned in any Gaol or House of Correction as aforesaid, with or without hard Labour, for any Time not exceeding One Calendar Month; and it shall be lawful for any Justice of the Peace to issue his Warrant to search for and seize, to the Use of such Company, all the...
To continue reading
Request your trial