Vickipedia

POLI’CE (Lat. politia, Gr. politeia, civil government; from polis, a city), are constables or peace-officers appointed in all parts of town and country for the purpose of watching property and detecting crime, and arresting offenders and maintaining public order. Though the word policeman is now, especially in towns, a household word, the legal denomination is that of constable; but he is a paid constable, to distinguish him from unpaid constables and special constables. In each parish in England, the justices of the peace have power to appoint constables to act gratuitously and compulsorily; but the vestry has power to resolve that one or more paid constables shall be appointed, in which case the justices are to make the appointment, and these paid constables supersede the unpaid constables. The salary of these parish constables is paid out of the poor-rates of the parish by the overseers. The justices also appoint a superintendent constable for each petty sessional division, to settle the fees and allowances which are to be paid to the constables for the service of summonses, and for the execution of warrants incidental to the office of justices of the peace. In all boroughs in England, the corporation’ is empowered, by the Municipal Corporation Acts, to appoint a watch committee, who appoint a sufficient number of men to act as constables. The treasurer of the borough pays their salaries, wages and allowances, as well as extraordinary expenses incurred by them. By an act of parliament applicable to counties, the justices are empowered to establish a sufficient police force for each county, and a chief constable is appointed to govern the whole.

The duties of constables or police-officers are exceedingly multifarious, and they receive printed regulations to guide them in the proper discharge of such duties. They have important duties in reference to the apprehension of offenders, and their powers are necessarily larger than those of private individuals. Wherever a person is seen in the act of committing a felony, it is the duty of every one, not merely of constables, to apprehend him or her without any warrant, for no warrant is needed. Persons found offending in many misdemeanors may also be apprehended by anybody without a warrant; but in other cases, a constable only can make an arrest. In case of a riot, any body may arrest the rioter. Constables are bound to arrest hawkers trading without a license; and vagrants who are offending against the Vagrant Acts, such as telling fortunes, loitering about premises, &c. The powers of constables are much greater than those of individuals with reference to crimes after they are committed. Thus, where the constable has not seen the offence committed, but is merely told of the fact, and he has reason to believe it, he is entitled to arrest the party charged without any warrant; he must, however, in such cases act only on reasonable suspicion. He is not justified, for example, in apprehending a person as a receiver of stolen goods on the mere assertion of the principal felon; nor is a constable justified in taking a person into custody for a mere assault without a warrant, unless he himself was present at the time the assault was committed, or reasonably apprehends a renewal of it. If a constable have a reasonable suspicion that a man has committed a felony, he may apprehend him; and so a private individual may do so. The difference between the authority of the constable and the private person in this respect is, that the latter is justified only in case it turn out that a felony was in fact committed; but the constable may justify the arrest and detention whether a felony was committed or not.

It is the duty of a constable to raise a hue and cry in search of a felon, and all private individuals are bound to join in it, otherwise they may be indicted and fined. An arrest by a constable is usually made by laying hands on the party, and detaining him; but it is enough for the constable to touch him and say: ‘ I arrest you, in the Queen’s name.’ If the party arrested be in a house in hiding, the constable may demand admittance, and if he is refused, may then break open the doors; this is so in all cases where the party has committed treason or felony, or has dangerously wounded another. In cases where the constable is not authorized at common law or by some statute to arrest a party without a warrant, then he must produce a warrant signed by a justice of the peace, and show it to the party if it is demanded; and if the constable happens not to have the warrant in his pocket at the time, even though it is not asked for, it is an illegal arrest. When a party is arrested, it is the duty of the constable to take him without any unreasonable delay before a justice of the peace, and meanwhile lodge him in safe custody. The party arrested must not be treated with harshness beyond what is necessary for safe custody, and therefore it has been held that a constable has no right to handcuff a person whom he has apprehended on suspicion of felony, unless such person has attempted to escape, or it be necessary to prevent an escape. Nor has a constable in general a right to search a person apprehended, unless the latter conduct himself violently.

The conduct of constables in reference to public-houses is of some importance. It is an offence in publicans and beer-house keepers, and indeed the keepers of all places of public resort, to refuse to admit the constable into such house or place at any time. Thus, in the case of these places being open on Sundays at the times prohibited by statute, the constable, if he suspect that the act is being violated, may demand admittance, and thus satisfy himself as to the fact. It is owing also to this power of a constable to enter at all times, that he is enabled to detect other offences in public-houses, such as harboring prostitutes and disorderly characters. Constables, when suspecting that a betting-house is kept, must first get a warrant from a justice of the peace, which can be obtained without notice to the parties, and can then break into the house. So as to gaming-houses. While constables have summary power of entering public-houses, still this is not to be abused; and it is a distinct offence in the keepers of all public places where wine, spirits, beer, cider, or any fermented or distilled liquors are sold on the premises, to knowingly harbor, or entertain, or suffer to remain there such constables during the time they are on duty, except when quelling disturbances or restoring order. It is an offence punishable with more than usual severity to assault constables when in the execution of their duty. Though constables are paid in great part by each county and borough, and thus by the public at large, it is often requisite for individuals to require the services of extra constables, in which case such individuals must pay for them at their own expense, as is usual in theaters and large establishments. Of late years, considerable complaint had been made as to constables interfering in the protection of game-preserves and fisheries, it being considered that the owners of those properties ought to bear the extra charge, if required, of the constables’ giving more than the ordinary attention to poachers. But by the recent Act, extended powers of detecting poachers of game were given to constables, who are now entitled, whenever they suspect people on the highway of being engaged in poaching, to stop and search them, and then summon the poachers, if necessary, before justices. See poaching.

In 1880, the total police and constabulary in England and Wales amounted to 31,480 men. These are subdivided into chief constables of counties, 56; head constables of boroughs, 163; superintendents, 581; inspectors, 1311; sergeants, 3008; constables, 25,511; additional constables, 390; detectives, 520. The proportion of policemen to the population is about 1 to 811. In 1879-30. the total expenditure on the police force of England and Wales, including the city of London police, was £3,113,725, of which less than £600,000 was paid by Her Majesty’s Treasury and the Superannuation Fund, the major part coining from local sources. The public revenue pays nothing towards the city of London police; it pays all the cost of the dock-yard police; it pays nearly one-fifth of the other branches of the police. In 1881, the metropolitan police numbered 1 chief superintendent, 24 superintendents, 605 inspectors, 941 sergeants, and 9634 constables; the city police comprising 124 officers and 737 constables.

In Ireland, the first regular police force was established in 1814, which was improved in 1836 and 1839. Originally, the expense was defrayed partly out of the Consolidated Fund; but in 1846, the whole expense was borne by the Consolidated Fund, with trifling exceptions. In 1880, the total cost of the constabulary of Ireland amounted to £1,095,121. The number of constables in 1880 was 11,473, besides 1111 Dublin Metropolitan Police. In Ireland the police carry firearms.

In Scotland, the public police force was, in 1880, 3702 (1331 for counties, 2371 for burghs), including 84 detectives; and their cost for the year was £316,413. In addition to this number, the Tweed Commissioners pay for about 30 constables; 12 more are paid by other fishery commissioners, 20 employed by companies or private persons, and 160 by harbor boards.