FOOTNOTES:

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[1] Fraser's Magazine, No. xvi. p. 169.

[2] Evidence of Mr Murray, a magistrate at Union Hall, before the Parliamentary Committee of 1834.

[3] Report of Police Commissioners, 1839.

[4] See Stubb's "Constitutional History," end of para. 60.

[5] In the reign of Edward VI. the well-known legal maxim, "The King never dies," was first enunciated; since which time it has been held that there can be no break in the continuity of kingship; that is to say, that the accession of each succeeding monarch and the decease of his predecessor are simultaneous.

[6] Chron. Ang. S., ad ann., 1135.

[7] "Thane" is here used in the loose and popular sense to signify the resident owner of considerable territorial possessions.

[8] Headborough, Borsholder, and Chief-Frankpledge are three words which describe the same functionary. The latter of Norman, and the two former of Saxon origin. Borsholder = Borhes-ealder—Borhes (often written Borough as in "Headborough"), meaning Pledge or Surety. It is probable that the connection between Borough signifying "Town" and Borough the correlative of Plegium, is merely an accidental coincidence.

[9] It is difficult to avoid the confusion which arises from the use of the word "Hundred." Here the police-hundreds (probably introduced for the first time into England by Edgar) are referred to. The statement does not necessarily imply that the grouping of families into Tythings, and of Tythings into Hundreds took place before county areas were subdivided into smaller areas called Hundreds. It may be remarked, however, that an uninhabited Hundred (and there must have been many such if the whole kingdom was divided in this way) can have had no police significance.

[10] See Note on the Liability of the Hundred, p. 180, chap. ix. post.

[11] Burn I. p. 671.

[12] Edgar, Secular Ordinance, c. 6.

[13] Writing at the end of the eighteenth century Jeremy Bentham declared: "This is the great problem of penal legislation—(i.) To reduce all the evil of offences, as far as possible, to that kind which can be cured by a pecuniary compensation. (ii.) To throw the expense of this cure upon the authors of the evil, or in their default, upon the public."

[14] In addition to the "Trinoda necessitas" which besides compelling a man to serve in the Militia, also claimed his services for the repair of bridges, and for the up-keep of the national fortifications.

[15] See "Spelman's Glossary," sub verbo "Fredus."

[16] Ll. Aelf. 40; Ll. Ethelb. 34.

[17] The germ of trial by jury.

[18] Gneist. "History of the English Constitution."

[19] Coke. 2 Instit. 73.

[20] Bede H. E., II. xvi.

[21] It is probable that the scir-gerefa was originally elected by the freeholders in the folkmoot: the Norman Sheriff, on the other hand, was invariably appointed by the Crown direct.

[22] This fine was called the "Murdrum."

[23] Bacon's "Office of Constables."

[24] (Magna Carta, Section 20). King John also promised as follows: "We will not make men justiciaries, constables, sheriffs or bailiffs, unless they understand the law of the land, and are well disposed to observe it."

[25] Second Great Charter of Henry III.

[26] "Chronicle of Dunstable," vol. i. p. 155.

[27] Dictum de Kenilworth, sect. 14, Stubb's "Select Charters."

[28] 10 Geo. II. c. 22, and 14 Geo. III. c. 90.

[29] 13 Edw. I., Statuta civitatis London.

[30] 23 Edw. III., sect. i. c. 7.

[31] "Commissioners' Report," 1839.

[32] From form of oath administered by Hubert, Archbishop of Canterbury ("History of Vagrants," by Ribton Turner).

[33] See Chitty's "Office and Duties of Constables": Coke 3 Inst. 116, 117; and 2 Hale P. C. 102.

[34] See "Statute of Northampton."

[35] 3 Edw. I. cap. 34.

[36] Coroners are first heard of in the directions given to the itinerant Justices by Richard I. in 1194, when four of these officers were assigned to each county.

[37] 4 Edw. I. Stat. 2.

[38] "History of Vagrants."

[39] Fitzherbert, Dalton, Burn, etc.

[40] The edict of Hubert Walter.

[41] Rot. Pat. 14 Edw. I. m. 25.

[42] Rot. Pat. 10 Edw. I. m. 8.

[43] Stephens' "Hist. of the Crim. Law," i. 112.

[44] 2 Edw. III., c. 3.

[45] Rot. Parl. 6 Edw. III.

[46] 34 Edw. III., c. i.

[47] 36 Edw. III., c. 12.

[48] 1 Edw. IV., c. 2. See Reeves' "Hist." vol. iii. p. 9.

[49] Burn's "Justice," v. 302, 25th edition.

[50] See also in this connection Carter's "English Legal History," p. 93.

[51] I. Hale's Sum. 96.

[52] Hist. Ram. Gale. vol. iii. 416, 417.

[53] Extended to other towns in 1427. By 6 Henry VI. c. 3 Justices are to discharge in counties the same duties as are performed in towns by Mayors and Bailiffs.

[54] 2 Hen. V. c. 1.

[55] 4 Hen. VII. c. 13.

[56] Cf. Koenig.

[57] Viscount—"an arbitrary title of honour, without a shadow of office pertaining to it" (Blackstone).

[58] Coke viii. 43.

[59] 13 & 14 Car. ii. c. 12.

[60] Selden Society, vol. vi. p. 35.

[61] Secular Dooms, Cap. 81.

[62] All evil customs of forests and warrens, and of foresters and warreners, sheriffs and their officers, waterbanks and their keepers, shall immediately be inquired into by twelve knights of the same county, upon oath, who shall be chosen by the good men of the same county; and within forty days after the inquisition is made, they shall be quite destroyed by them, never to be restored.—Magna Carta.

[63] Spelman's Glossary in verbo "foresta."

[64] Manwood, "Treatise of the Forest Laws," 4th ed., p. 143.

[65] Vert included trees, underwood and turf; venison comprised the hart, the hind, the hare, the boar and the wolf, which were beasts of forest—the buck, the doe, the fox and the marten, which were beasts of chase—the rabbit, pheasant, partridge, quail, mallard, heron, etc., which were beasts or fowls of warren. So sacred was the stag that should one be found dead an inquest had to be held, and a verdict as to the cause of death taken. (See Low and Pulling's "Dictionary of English History," under Forests.)

[66] It was a universal principle of Early English Law that no defence was valid if the culprit was caught red-handed, he was ipso facto convicted. (See Carter's "English Legal History," p. 175.)

[67] Assisa et Consuetudines Forestae, anno 6, Edward I.

[68] Coke Inst., iii., p. 294. This is according to Coke, who derives "Mayneer" from the Latin Manus. Manwood, on the other hand, has the phrase "taken in the manner," using manner in the sense of "maniÉre."

[69] Coke Inst., iii. 289 seq.

[70] Coke Inst., iii. 294.

[71] Although the authenticity of this document is denied, there is good reason to suppose that, as far as the following enumeration of forest officers is concerned, its accuracy may be trusted.

[72] Manwood, p. 163.

[73] Manwood, p. 78.

[74] Forest Law, as once administered, was perhaps the worst example of class legislation ever known to the English Constitution—it was a deliberate violation of the rights of the many for the gratification of the few—the same act which was venial in the gentleman became unpardonable when committed by the villein. For example, a common man who slew a deer was guilty of felony and might be capitally convicted, whereas a nobleman riding through the King's Forest was allowed to kill a stag or two for his refreshment, on the understanding that he did so in the sight of a ranger, or if no ranger was present, provided that someone blew a horn for him, "that he seem not to steal the deer" (9 Henry III.).

[75] Dalton, cap. 60, fol. 141.

[76] "Town Life in the Fifteenth Century," Mrs J. R. Green, vol. i. chapter iv.

[77] "Liber Albus," p. 312.

[78] "Liber Albus," p. 315.

[79] Hist. MSS. Com., ix. 174.

[80] 51 Hen. III., stat. 6.

[81] 12 Edw. ii. c. 6.

[82] See Final Report of H. M. Commissioners appointed to enquire into the operation and administration of the Laws relating to the sale of intoxicating liquors, chap. xvi. p. 21.

[83] The King could tax foreign merchants resident in England without having to obtain the consent of Parliament.

[84] The test was usually a verse out of the 51st Psalm—commonly called the "neck verse."

[85] 7 & 8 Geo. iv. c. 28; and see Carter's Eng. Leg. Hist., pp. 202, 203.

[86] 6 Edw. I., c. 9.

[87] 22 Edw. IV.

[88] 3 Henry VII., c. 1.

[89] 34 & 35 Hen. VIII., c. 26 (Wales).

[90] "Tables of population," says Bentham, "in which are described the dwelling-place, the age, the sex, the profession, etc.... of individuals, are the first materials of a good police" (Bentham's "Principles of Penal Law," chap. xii.).

[91] The story of young Edward amongst the vagabonds has recently been told with great charm and pathos by one of the most popular writers of the day. Mark Twain's "The Prince and the Pauper" may not be history, but that it presents a truthful picture of the sufferings of vagrants in the sixteenth century cannot be doubted.

[92] Slaves might be bought, sold, or bequeathed by will, like any other chattel.

[93] 1 Edw. VI.

[94] 3 & 4 Edw. VI., c. 5.

[95] The command of the Militia was transferred from the Lords-Lieutenant of counties to the Crown in the year 1871 ("The Army Book for the British Empire," p. 373).

[96] To this there was one exception, viz., that foreigners were not allowed to keep inns "unless they have report from the parts whence they come, or find safe pledges" (Statute).

[97] 5 & 6 Edw. VI., c. 25.

[98] 27 Elizabeth, Private Acts.

[99] Ordinance, 27 Eliz.

[100] "The Commonwealth of England," Sir Thomas Smith, Ed., 1598, bk. ii. chap. 21.

[101] 5 Eliz., c. iv. sect. 7.

[102] See p. 302, chap. xv., post.

[103] 14 Eliz., c. v. sect. 2.

[104] 39 and 40 Eliz., c. iv.

[105] 43 Eliz. c. 2.

[106] 27 Eliz. c. 13.

[107] 39 Elizabeth, c. 25.

[108] See the Introduction to "Prothero's Select Charters," sect. v.

[109] Rymer's "Foedera," xvi. p. 279.

[110] Prothero's "Select Charters," p. 187.

[111] "Measure for Measure," act ii. scene 1.

[112] Strype's "Annals," 1824, Edn., vol. iv. p. 405.

[113] iii James 4.

[114] See Somers' "Tracts," edited by Scott, vol. ii. p. 266.

[115] 1 Jac. I., cap. vii. sects. 3 and 4.

[116] 7 & 8 Jac. I., cap. iv.

[117] I. Jac. i. cap. 31.

[118] This statute, which gave such extraordinary powers to constables, only remained in force for twelve months. (See article "The office of Constable," by H. B. Simpson, "English Historical Review," vol. x.)

[119] See Proclamations, etc., of Charles I. Bodleian, z. i. 17 Jur.

[120] I. Car. i. cap. 16.

[121] 3 Car. i. cap. 4.

[122] Lib. Albo, fol. 41, b, c, d, e; 23 Henry vi.

[123] "MinshÆi Emendatio," ad ann. 1626.

[124] See Note on Liability of the Hundred, chap. ix. post.

[125] 4 & 5 Phil. Mary, cap. 2 and 3.

[126] For a full and interesting account of Cromwell's Major-Generals, see an article under that title by D. W. Rannie in the "English Historical Review," No. 10.

[127] See Professor Gardiner's "History of the Commonwealth and Protectorate, 1649-1660," vol. iii.

[128] An Excise duty on liquor had recently (1643) been introduced by the Long Parliament.

[129] Scobell, part i. p. 129; part ii. p. 320.

[130] D'Argenson, lieutenant of police, declared that "there were more irregularities and debaucheries committed in Paris during the Easter fortnight, when the theatres were shut, than during the four months of the season during which they were open" ("Memoirs de Pollnitz," vol. iii.).

[131] Macaulay's "History of England," 1889 Edn., p. 178.

[132] 13 and 14 Car. ii. c. 2.

[133] The number of such vehicles was strictly limited. In London no more than 400 were allowed.

[134] 14 Car. ii. c. 12, sect. 15. The statute also provides for the appointment of special constables in times of emergency.

[135] 15 Car. ii. c. 1.

[136] From "The duty and Office of High Constable, &c." by W. Brown, a clerk of the Court of Common Pleas. Lond. 1677, pp. 26 and 27.

[137] 13 and 14 Car. ii. c. 12 § 22.

[138] Worthies of England, p. 216.

[139] 13 Car. ii. c. 22.

[140] 4 William and Mary, c. viii.

[141] 6 Geo. i., cap. 25, sect. 8.

[142] "Le Blanc's Letters," vol. ii., 1737.

[143] "The Town Rakes," Brit. Mus., (816—m—19)/74.

[144] 1 Geo. i., stat. 2, § 5.

[145] 10 Geo. ii. c. 22.

[146] 8 Geo. ii. c. 16.

[147] 12 Geo. ii. c. 16.

[148] Ann Reg., 1763.

[149] See Gent. Mag., 1761, p. 475; 1780, p. 1446, and Laurence's "Life of Fielding."

[150] Of the several Statutes dealing with police passed during the reign of George II., the most valuable and important is the 24 Geo. ii., c. 44, which enacts that action cannot be brought against a constable for anything done by him in obedience to a Justice's warrant, unless the Justice who signed the warrant is made a joint-defendant with the constable; and which directs that if action is brought jointly against the Justice and the constable, then the jury shall find for the latter, provided that they are satisfied that he acted strictly in accordance with the terms of the warrant that he pleads in justification. When making an arrest a constable should, if required, shew the warrant which is his authority, but he need not allow it to leave his hand.

[151] 29 Geo. ii., c. 25.

[152] 31 Geo. ii., c. 17.

[153] 14 Geo. iii. c. 90.

[154] Wedderburn.

[155] This was the first occasion on which the word "police" was officially made use of in the British Isles.

[156] Irish Statutes, 26 Geo. iii., c. 24.

[157] 33 Geo. iii., c. 4.

[158] By 29 Car. ii. c. 7, § 7 it was enacted that no liability attached to the Hundred if a man be robbed whilst travelling on a Sunday—"for he should not travel on the Lord's Day, nor ought the Hundred to watch on that day of rest." Nevertheless it was ordained that Hue and Cry should be raised against a known offender, despite the non-liability of the Hundred, in order that depredators should not take advantage of the omission.

Actions against the Hundred had to be brought within three months from the date of the damage, and there was no liability for deeds done in the night-time—if, however, there was just sufficient light to see a man's face, liability might be proved, whatever the hour. No charge against the Hundred held good for any robbery done in a man's house, "because every man's house is his castle, which he ought to defend; and if any one be robbed in his house it shall be esteemed his own fault" (Dalton, c. 84); and with regard to liability on account of murder and robbery committed in the daytime, see "Year Book of the Exchequer," (16 Edward I.)

[159] 42 Geo. iii., c. 76.

[160] Between 1822 and 1828, the increase was about 38 per cent.

[161] It has been calculated that at this time there were as many as fifty fraudulent mints in the metropolis alone.

[162] In the hope of suppressing the seditious spirit so rife at this period, six coercive measures generally known as the "Six Acts" were rushed through both Houses of Parliament in a special autumn session of 1819. These Acts sought to preserve the peace by placing restrictions on the press, by forbidding the training of unauthorized persons in the use of arms, by empowering Justices of the Peace to search for and confiscate weapons, and by other repressive measures of a similar nature.

[163] "The policy of a legislator who punishes every offence with death, is like the pusillanimous terror of a child who crushes the insect he dares not look at."—Bentham, "Principles of the Penal Code," Part iv. Cap. xxii.

[164] "The more the certainty of punishment can be augmented, the more it may be diminished in amount."—Bentham, "Principles of the Penal Code." Rule viii.

[165] The ethical point of view is well put by Henry Fielding, who said, "Nor in plain truth will the utmost severity to offenders be justifiable, unless we take every possible means of preventing the offence."

[166] In a letter addressed to The Times of November 14th, 1849—Charles Dickens, himself an eye-witness of one of these brutalising exhibitions, wrote—"I am solemnly convinced that nothing that ingenuity could devise to be done in this city, in the same compass of time, could work such ruin as one public execution, and I stand astounded and appalled by the wickedness it exhibits."

[167] As early as 1597, by an act passed in the 39th year of Queen Elizabeth's reign—Quarter Sessions were empowered to inflict transportation, but at first the law could not be enforced because there was no place to which convicts could be shipped. A number of royalists were transported to Barbadoes after its capitulation in 1651, but this was only a temporary measure.

[168] 4 Geo. i. c. 2.

[169] 8 Geo. iii. c. 15.

[170] Escott's "England," 1885 Edn., p. 240.

[171] 7 & 8 Geo. IV., c. 18.

[172] It is impossible to say how far Bentham was influenced by Beccaria; the two men arrived at similar conclusions, but their methods were essentially different. Beccaria's great work, "Dei Delitti e delle Pene," was first published (anonymously) in 1764, and Bentham's "Rationale of Punishments and Rewards" was written eleven years later.

[173] In 1800 six women were publicly flogged till the blood ran down their backs for hedge-pulling.

[174] 9 Geo. iv. c. 61.

[175] See "EncyclopÆdia of the Laws of England" under Licensing Acts.

[176] 7 and 8 Geo. iv. c. 31.

[177] 2 Geo. iv. and 1 Will. iv. c. 70.

[178] "Mysteries of Police and Crime," Griffiths, p. 66.

[179] A River Police Office, with three Justices assigned to it, was authorised by 39 and 40 Geo. iii. c. 88.

[180] None of this applies to the "City of London" proper, which still retains its independent position, as far as its police is concerned.

[181] 10 Geo. iv. c. 44.

[182] 10 Geo. iv. c. 45.

[183] The official designation of the Chiefs of the Metropolitan Police was changed from "Justice" to "Commissioner" in the year 1839. The change was one of title only, and the Police commissioners were still Justices of the Peace by virtue of their office. To prevent confusion the word "Commissioner" is henceforward employed in this book.

[184] "Sir Robert Peel," by C. S. Parker.

[185] Bentham defines the "Lettre de Cachet" as "an order to punish, without any proof, for a fact against which there is no law."—(Principles of Penal Law, chap. xxi. part 3).

[186] In the year 1820 the Spanish government suppressed some of the leading newspapers for daring to adversely criticise the police of Madrid, and at the same time it was currently believed in England that Italian police officials employed the torture to procure evidence against persons suspected of political offences.

[187] Hansard, vol. i. p. 271; and see Ann. Reg. 1830 Chron., p. 185.

[188] See article by Sir C. Warren, Murray's Magazine, Nov. 1888.

[189] See Report of Parliamentary Committee, 1838.

[190] 10 Geo. iv. c. 45.

[191] 3 Will. iv. c. 19.

[192] 6 & 7 Will. iv. c. 50.

[193] Peel wished to include the City of London in the Metropolitan Police Area, but in a private letter to a friend frankly confessed that he dared not meddle with it.—("Life of Sir Robert Peel," C. S. Parker).

[194] 2 & 3 Vict. c. 47.

[195] See 2 & 3 Vict. 47-71 & 93.

[196] See "The Police of the Metropolis," by Sir C. Warren—Murray's Magazine, Nov. 1888. On the 15th April 1829, Peel informed the House of Commons that crime was then far more prevalent in the metropolis than in the country—one person out of every 383 persons having, on the average, been committed in London, whilst in the provinces the proportion was only one in 822.

[197] 1st Report Constabulary Commissioners, 1839, page 13.

[198] 3 & 4 Will. iv. c. 90.

[199] This "Lighting and Watching Act" still remains the authority for the appointment of firemen, who may be "additional constables," and who, "shall, during the time they shall be on duty, use their utmost endeavours to prevent any mischief by fire." (3 & 4 Will. iv. c. 90, s. 41.)

[200] 5 & 6 Will. iv. c. 76.

[201] 13 and 14 Car. ii. c. 12.

[202] 1 and 2 Will. iv. c. 41.

[203] 5 and 6 Will. iv. c. 76.

[204] 1 and 2 Vic. c. 41.

[205] Bicknell's "Police Manual," p. 58.

[206] 2 & 3 Vict., c. 93.

[207] In 1840 the Act was amended, and a separate Police rate levied, by 3 & 4 Vict., c. 38.

[208] In the year 1842, the Criminal Jurisdiction of Courts of Quarter Sessions, which hitherto had been competent to deal with all offences except treason, was limited by 5 & 6 Vict. c. 38, which removes murder, capital felony and some other offences from the cognizance of the Justices. In the metropolis, at the same time, much criminal business was transferred from Justices of the Peace to Stipendiary Magistrates. This was due rather to the increase of commitments consequent upon an improved police, than to any implied incompetence of the Courts. In 1896 Quarter Sessions were again empowered to try Burglary cases (59 & 60 Vict. c. 57), and a further extension, or rather restoration, of the powers exercised by Justices in Quarter Sessions is understood to be now (1901) under consideration.

[209] 5 & 6 Vic. c. 109—amended by 13 & 14 Vic. c. 20.

[210] 10 Geo. iv. c. 97.

[211] See 1st Report 1853 Select Committee, p. 137.

[212] Those landowners who gave evidence before the Select Committee in 1853 were almost unanimous in their testimony that the value of property had increased in counties where rural police forces had been established.—See second Report, 1853 Committee, §§ 2770, 2792, and 2793.

[213] See ante p. 102, Chapter VI.

[214] See Second Report 1853 Committee, pp. 151, 152.

[215] 19 & 20 Vic., c. 69.

[216] 2 & 3 Vict., c. 47.

[217] In the course of these riots £50,000 worth of damage was done.

[218] After these riots the General Convention of Chartists issued a proclamation declaring "that a flagrant, wanton, and unjust outrage has been made upon the people of Birmingham, by a bloodthirsty and unconstitutional force from London, acting under the authority of men who wished to keep the people in degradation."—"Annals of Our Times, 1839." See also "Chronicles of Crime," Camden Pelham.

[219] Quarterly Review, No. 257, 1870.

[220] Sir James Fitzjames Stephen's "A History of the Criminal Law of England," vol. i. chap. xiv.

[221] Hale, Sum. 36, 37—I Hale, 457.

[222] From "The Commonwealth of England," by Sir Thomas Smith, 1589 edition.

[223] The County and Borough Police Act of 1856 required Rural Police Forces to furnish annual returns of all crimes committed, persons apprehended, and subsequent criminal proceedings in their respective districts, on forms of return supplied by Sir George Gray. From the materials thus supplied were the Criminal Statistics prepared until 1892, when an improved method of compilation was introduced by the "Police Returns Act" of that year—(55 and 56 Vict. c. 38).

[224] There were eighty-two cases of garrotting in London between June and December 1862; nor was the increased prevalence of crime confined to the Metropolis—most of the larger towns (especially Liverpool) suffered in the same way.

[225] Transportation to New South Wales and S. Australia ceased in 1850, to Van Diemen's Land in 1852; the last batch of convicts was sent to Western Australia in 1867.

[226] The Chatham mutiny occurred in 1861, some years after the "Penal Servitude Act" had become law, but it was due to very similar causes to those which had occasioned the earlier outbreaks.

[227] 16 and 17 Vict. c. 99.

[228] Select Committee on Transportation 1856, Para. 1824.

[229] In the case of women convicts remission to the extent of one-third or thereabouts can be earned.

[230] 50,000 is nearer the mark. There were 43,000 in Australasia alone.

[231] Speech by Sir H. Fowler, The Times, Jan. 15, 1901.

[232] See the article on Reformatories by Sir E. Du Cane in "Chambers' EncyclopÆdia."

[233] 17 & 18 Vict. c. 86.

[234] 18 & 19 Vict. c. 87, and 19 & 20 Vict. c. 109.

[235] 20 & 21 Vict. c. 48.

[236] 24 & 25 Vict. c. 113.

[237] 42 & 43 Vict. c. 49.

[238] 50 & 51 Vict. c. 25.

[239] "Police Code," pp. 80 and 81.

[240] These recognizances may be with, or without, sureties; and the obligation "to keep the peace" and "to be of good behaviour" continues during such period as the Court may direct. Cf. p. 49, chapter iii. ante, with reference to the powers conferred on Justices of the Peace by 34 Edw. iii. c. 1.

[241] Bicknell's Police Manual, p. 244.

[242] 34 and 35 Vict. c. 112.

[243] Female holders of licenses are not required to report themselves once a month.

[244] See Bicknell's Police Manual, p. 245.

[245] A complete description of the system as employed in England may be found in a pamphlet entitled "The Identification of Habitual Criminals," published by The Police Review.

[246] See "Our absurd system of punishing crime," by Dr Robert Anderson, in The Nineteenth Century and After for February 1901.

[247] See also a letter of Mr Justice Wills on the same subject, in The Times, 21st Feb. 1901.

[248] The electric telegraph was first adapted to police purposes in 1841.

[249] See Kirchner's "Law and practice relative to Fugitive Offenders."

[250] 42 & 43 Vict. c. 22.

[251] 47 & 48 Vict. cap. 58.

[252] These Regulations were revised by Sir Richard Webster (Lord Alverstone), Lord Herschell, and the Right Hon. Hugh Childers in 1886, and may be found on page 250 of Bicknell's Police Manual.

[253] Now Colonel Sir Howard Vincent, M.P., the compiler of "The Police Code," and a well-known authority on police questions.

[254] In 1884 the office of Director of Criminal Investigation was abolished, and the duties formerly appertaining to the office have since then been performed by an additional Assistant-Commissioner, appointed for the purpose; but the system remains practically the same as when it was first introduced in 1878.

[255] See The Times, 6th Feb. 1888.

[256] 2 & 3 Vict. c. 47, s. 22.

[257] In addition to the authorized deductions made from the pay of constables, all monies arising from fines imposed on constables, or for assaults on constables, from the sale of old police clothing, from pedlars and chimney sweeps' certificates, from fines imposed by a Court of Summary Jurisdiction, for offences under the Licensing Acts 1872-74, and from certain other sources, are now carried to the Pension Fund (see Police Act, 53 & 54 Vict. c. 45).

[258] 20 & 21 Vict. c. 64, s. 15.

[259] See "The Story of Police Pensions," by J. Munro.—New Review, vol. iii.

[260] 53 and 54 Vict. c. 45 (a).

[261] Disorderly meetings took place on the 17th, 18th, 19th, and 23rd Oct. '87; on the last of these occasions some two thousand rioters were guilty of brawling in Westminster Abbey.

[262] There is an interesting article on the "Right of Public Meeting," by Professor Dicey, in The Contemporary Review, April 1889. See "Annual Register," 1888.

[263] 5 & 6 Will. iv. c. 76.

[264] 45 & 46 Vict. c. 50.

[265] 51 & 52 Vict. c. 41, &c.

[266] See L.G.A., Section 9, para. 3.

[267] Speech by Mr Morley at Newcastle, 21st of June 1886.

[268] See article in the Contemporary Review, vol. lv. (Year 1889), by H. Evans, who therein pointed out that "the Treasury Grant to the Metropolitan Police Fund bears a higher proportion to the rateable value, than is the case with the contributions to the County and Borough Police."

[269] See section 2, 50 Vict. c. 9.

[270] Police Code, under "Discipline."

[271] From "An Address to Police Constables on their Duties," by Sir Henry Hawkins, printed in "The Police Code."

[272] Contrasting public with private executions, Henry Fielding remarked in favour of the latter, that, "the criminal dies only in the presence of his enemies, without the cordial of public approval to flatter his ambition."

[273] J. Bentham, "Principles of the Penal Law," chapter xxi.

[274] "Judicial Statistics England and Wales." Part I.—Introduction, page 25.

                                                                                                                                                                                                                                                                                                           

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