Dublin Police Act 1836
| Jurisdiction | UK Non-devolved |
(6 & 7 Will. 4) C A P. XXIX.
[4th July 1836]
'WHEREAS it is expedient to substitute a new and more efficient System of Police within the Limits of the District ofDublin Metropolis, and to constitute an Office of Police, which, acting under the immediate Authority of the Chief Secretary of the Lord Lieutenant, shall direct and control the whole of such new System of Police within those Limits;' be it therefore enacted by the King'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, That it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors ofIreland to cause a new Police Office to be established in the City of Dublin , and by Warrant under his Hand and Seal to appoint Two fit Persons as Justices of the Peace for and of the Police District of Dublin Metropolis, as the same is constituted and defined in and by an Act made in the Forty-eighth Year of the Reign of His late Majesty King George the Third, intituled An Act for the more effectual Administration of the Office of a Justice of the Peace, and for the more effectual Prevention of Felonies, within the District of Dublin Metropolis, and for and of the Counties of Dublin, Wicklow, Kildare, and Meath, and of all Liberties therein , to execute the Duties of a Justice of the Peace at the said Office, and in all Parts of those several Counties, and the Liberties therein, and of said District, together with such other Duties as shall be herein-after specified, or as shall be from Time to Time directed by the Chief Secretary of the Lord Lieutenant, or in his Absence by the Under Secretary for the Time being, for the more efficient Administration of the Police within the said Limits; and it shall be lawful for the said Lord Lieutenant or other Chief Governor or Governors to remove either of the said Justices, if he or they shall see Occasion so to do, and upon any Vacancy in the said Office by Death, Removal, or otherwise, to appoint another fit Person as a Justice of the Peace of the said District, Counties, and Liberties, to execute the Duties aforesaid, in lieu of the Person making such Vacancy; and it shall be lawful so to appoint any Person to be a Justice of the Peaceby virtue of this Act, and for such Person, during the Continuance of his Appointment, to execute the Duties of a Justice of the Peace for the said District and Counties and Liberties, although he may not have any such Qualification by Estate as is required by Law in the Case of any other Person being a Justiceof the Peace for any County: Provided always, that no such Person shall act as a Justice of the Peace at any Court of General or Quarter Sessions, nor in any Matter out of Sessions, except for the Preservation of the Peace, the Prevention of Crimes, the Detection and Committal of Offenders, and in carrying into execution the Purposes of this Act.
II Oath to be taken by the Justices.
II. And be it enacted, That every Person to be appointed a Justice of the Peace by virtue of this Act shall, before he shall begin to execute the Duties of his Office, take the following Oath before some Justice or Baron of One of His Majesty's Courts of Record atDublin ; (that is to say,)
'IA.B. do swear, That I will faithfully, impartially, and honestly, according to the best of my Skill and Knowledge, execute all the Powers and Duties of a Justice of the Peace under and by virtue of an Act passed in the Sixth Year of the Reign of King William the Fourth, intituled An Act for improving the Police in the District of Dublin Metropolis .'
III Salary of the Justices.
III. And be it enacted, That it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors ofIreland to direct that an annual Salary, not exceeding the Sum of Eight hundred Pounds, shall be paid out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland to each of the Justices to be appointed under this Act, and that the same shall be payable quarterly.
IV A Police Force for the whole District to be appointed.
IV. And be it enacted, That a sufficient Number of fit and able Men shall from Time to Time, by the Directions of the Chief Secretary of the Lord Lieutenant, or in his Absence of the Under Secretary for the Time being, be appointed as a Police Force for the whole of such District, who shall be sworn in by One of the said Justices to act as Constables for preserving the Peace, and preventing Robberies and other Felonies, and apprehending Offenders against the Peace; and the Men so sworn shall, not only within the said District, but also within the Counties ofDublin, Wicklow, Kildare , and Meath , and within all Liberties therein, have all such Powers, Authorities, Privileges, and Advantages, and be liable to all such Duties and Responsibilities, as any Constable duly appointed now has or hereafter may have within his Constablewick by virtue of the Common Law of this Realm, or of any Statutes made or to be made, and shall obey all such lawful Commands as they may from Time to Time receive from any of the said Justices for conducting themselves in the Execution of their Office.
V The Justices may make Regulations for the Management of the Police Force.
V. And be it enacted, That the said Justices may from Time to Time, subject to the Approbation of the Lord Lieutenant or other Chief Governor or Governors Ireland, frame such Orders and Regulations as they shall deem expedient, relative to the general Government of the Men to be appointed Members of the Police Fore under this Act, the Places of their Residence, the Classification, Rank, and particular Service of the several Members, their Distribution and Inspection, the Description of Arms, Accoutrements, and other Necessaries to be furnished to them, and which of them shall be provided with Horses for the Performance of their Duty, and all such other Orders and Regulations relative to the said Police Force as the said Justices shall from Time to Time deem expedient for preventing Neglect or Abuse, and for rendering such Force efficient in the Discharge of all its Duties; and the said Justicesmay at any Time suspend or dismiss from his Employment any Man belonging to the said Police Force whom they shall think remiss or negligent in the Discharge of his Duty, or otherwise unfit for the same; and when any Man shall be so dismissed or cease to belong to the said Police Force all Powers vested in him as a Constable by virtue of this Act shall immediately cease and determine.
VI Penalty on Publicans harbouring Policemen during the Hours of Duty.
VI. And be it enacted, That if any Victualler or Keeper of any House, Shop, Room, or other Place for the Sale of any Liquors, whether spirituous or otherwise, shall knowingly harbour or entertain any Man belonging to the said Police Force, or permit such Man to abide or remain in his House, Shop, Room, or other Place during any Part of the Time appointed for his being on Duty, every such Victualler or Keeper as aforesaid, being convicted thereof before any Two Justices of the Peace, shall for every such Offence forfeit and pay such Sum not exceeding Five Pounds as they shall think meet.
VII Powers of Policemen.
VII. And be it enacted, That it shall be lawful for any Man belonging to the said Police Force, during the Time of his being on Duty, to apprehend all loose, idle, and disorderly Persons whom he shall find disturbing the public Peace, or whom he shall have just Cause to suspect of any evil Designs, and all Persons whom he shall find between Sunset and the Hour of Eight in the Forenoon lying in any Highway, Yard, or other Place, or loitering therein, and not giving a satisfactory Account of themselves, and to deliver any Person so apprehended into the Custody of the Constable appointed under this Act, who shall be in attendance at the nearest Watch-house, in order that such Person may be secured until he can be brought before a Justice of the Peace, to be dealt with according to Law, or may give Bail for his Appearance before a Justice of the Peace, if the Constable shall deem it prudent to take Bail, in the Manner herein-after mentioned.
VIII Night Constables may take Bail for Appearance of Parties before a Justice, &c.
VIII. And be it enacted, That where any Person charged with any petty Misdemeanor shall be brought, without the Warrant of a Justice of the Peace, into the Custody of any Constable appointed under this Act, during his Attendance in the Night-time at any Watch-house within the said Police District ofDublin Metropolis, it shall be lawful for such Constable, if he shall deem it prudent, to take Bail by Recognizance, without any Fee or Reward, from such Person, conditioned that such Person shall appear for Examination before a Justice of the Peace at some Place to be specified in the Recognizance, at the Hour of Ten in the Forenoon next after such Recognizance shall be taken, unless that Hour shall fall on a Sunday , or on Christmas Day or Good Friday , and in that Case at the like Hour on the succeeding Day; and every Recognizance so taken shall be of equal Obligation on the Parties entering into the same, and liable to the same Proceedings for the estreating thereof, as if the same had been taken before a Justice of the Peace; and the Constable shall enter in a Book to be kept for that Purpose in every Watch-house the Names, Residence, and...
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