[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/ca1836216.txt

[New search] [Help]

CONSTABULARY (IRELAND) ACT 1836

CONSTABULARY (IRELAND) ACT 1836 - LONG TITLE

An Act to consolidate the Laws relating to the Constabulary Force
in Ireland.{1}
[20th May 1836]
Preamble rep. by SLR 1890

Oaths by inspector general and deputy inspector general.

CONSTABULARY (IRELAND) ACT 1836 - SECT 5

5. ... every... inspector general and deputy inspector general shall,
on his appointment to such office, forthwith take before any two
magistrates the oaths by law required to be taken by justices of
the peace in Ireland, and also the oath herein-after contained,....

Ss.610 rep. by SLR 1874; SLR (NI) 1954; 1970 c.9 (NI) s.33(2)
sch.4

CONSTABULARY (IRELAND) ACT 1836 - SECT 11
Powers etc. of chief and other constables.

11.... all such chief and other constables and sub-constables shall
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, either by the common
law or by virtue of any statute now or hereafter to be in force
in Ireland:....

Ss.12, 13 rep. by SLR (NI) 1954. S.14 rep. by 1969 c.30 (NI)
s.132 sch.6; 1970 c.9 (NI) s.33(2) sch.4

CONSTABULARY (IRELAND) ACT 1836 - SECT 15
Constables to attend magistrates, and execute their warrants.

15. Every chief constable, head constable, constable, and
sub-constable ... shall, when not engaged on actual duty, attend on
the justices of the peace at their several general or quarter
sessions, and also at their petty sessions, which shall be held at
the respective places where such chief or other constable or
sub-constable may be stationed, and shall obey and execute all the
lawful warrants, orders, and commands of such justices at such
sessions in all cases, civil and criminal: Provided always, that no
chief or other constable or sub-constable shall be employed under
such authority to levy tithes or tithe composition, or to levy
rents by distress, or to levy fines or penalties under any Act or
Acts relating to the revenue in Ireland, nor to enforce any Acts
relating to the laws for the preservation of game or fish, except
only in cases where forcible resistance shall have been actually
made and proved by information taken on oath.

CONSTABULARY (IRELAND) ACT 1836 - SECT 16
Constables to execute all processes to them directed.

16. Except as aforesaid, every chief constable, head constable,
constable, and sub-constable, ..., shall within his jurisdiction
execute all processes to him directed for levying the amount of any
fine or fines which shall be imposed under any Act in force in
Ireland, or for levying the amount of any recognizance forfeited to
His Majesty, or of any fines imposed on any jurors, witnesses,
parties, or persons [by any court of justice in Northern Ireland];
and when any warrant, order, or command of any magistrate shall be
delivered or given to any such head constable or sub-constable, he
shall, if the time will permit, show or deliver the same to the
chief constable under whose immediate command such head constable or
sub-constable shall then be, and such chief constable shall nominate
and appoint by indorsement thereon such one or more of the
constables under his orders, and such assistant or assistants to him
or them as such chief constable shall think proper, to execute such
warrant, order, or command; and every such constable whose name
shall be so endorsed, and every such assistant as aforesaid, shall
have all and every the same rights, powers, and authorities for and
in the execution of every such warrant, order, or command, as if
the same had been originally directed to him or them expressly by
name.

CONSTABULARY (IRELAND) ACT 1836 - SECT 17
Persons appointed under this Act to take an oath previous to
acting.

17. No person appointed... to be an inspector general, deputy
inspector general, county inspector, or sub-inspector, ... chief or
other constable or sub-constable, shall be, except as is
herein-before provided, capable of holding the said office, or of
acting in any way therein, until he shall take and subscribe the
oath here following: (that is to say,)[I, .

Sworn before me, one of His Majesty's Justices of the Peace,
this.................. day of .................................... 19 .

Here insert description of office]

S.18 rep. by 1948 c.65 s.80 sch.13; 1957 c.20 s.14 sch.4 Pt.I.
S.19 rep. by 1970 c.9 (NI) s.33(2) sch.4

CONSTABULARY (IRELAND) ACT 1836 - SECT 20
Constables dismissed to lose their powers, and deliver up the arms,
&c.

20. When any chief or other constable or sub-constable shall be
dismissed from or shall cease to hold and exercise his office, all
powers and authorities vested in him as a constable shall
immediately cease and determine to all intents and purposes whatever;
and if any constable or sub-constable shall not, within one week
after he shall be dismissed from or shall cease to hold and
exercise his office, deliver over all and every the arms,
ammunition, and accoutrements, horse, saddle, bridle, clothing, and
other appointments whatsoever, which may have been supplied to him
for the execution of such office, to the paymaster for the county,
or to such person and at such time and place as shall be directed
by the said paymaster, every person making default herein shall,
upon conviction for such offence before any two or more magistrates
upon oath of one or more credible witness or witnesses, or upon
his own confession, be subject and liable to imprisonment ... for
any such period not exceeding the term of two calendar months,...
as such magistrates shall think proper to direct; and it shall be
lawful for such magistrates, and they are hereby authorized and
required, to commit every such offender accordingly, and to issue
their warrant to search for and seize, to the use of His Majesty,
all and every the arms, ammunition, accoutrements, horses, saddles,
bridles, clothing, and other appointments whatsoever, which shall not
be so delivered over, wherever the same shall be found.

S.21, 22 rep. by SLR (NI) 1954; 1970 c.9 (NI) s.33(2) sch.4. S.23
rep. by 1970 c.9 (NI) s.33(2) sch.4; 1974 NI6 art.9(2) sch.5

CONSTABULARY (IRELAND) ACT 1836 - SECT 24
Inspector general, &c. may inquire on oath into charges against any
constable.

24. It shall and may be lawful to and for the inspector general
or deputy inspector general..., or either of them, or any other
person or persons to be nominated for the purpose from time to
time by the lord lieutenant to examine on oath into the truth of
any charges or complaint preferred against any [constable], of any
neglect or violation of duty in his office, and to report thereon
to the lord lieutenant; ....

CONSTABULARY (IRELAND) ACT 1836 - SECT 25
Penalty on unlawful possession of arms, &c. supplied to constabulary,
and on assuming the dress, name, &c. of constables, &c., #10.

25. If any person not appointed and acting under this Act shall
have in his or her possession any arms or ammunition, or any
article of clothing, accoutrements, or appointments, supplied to any
person under this Act, and shall not be able satisfactorily to
account for his or her possession thereof, or shall put on or
assume the dress, name, designation, or description of any person or
persons, or of any class of persons, appointed under this Act, for
the purpose of thereby obtaining admission into any house or other
place, or of doing or procuring to be done any other act which
such person or persons so putting on or assuming such dress, name,
designation, or description would not by law be entitled to do or
procure to be done of his or their own authority, every such
person so offending shall, in addition to any other punishment to
which he or she may be liable for such offence, forfeit and pay
for every such offence any sum not exceeding the sum of ten
pounds,... on summary conviction....

Ss.2643 rep. by 1874 c.23 s.1 sch.B; SLR 1874; 1887 c.67 s.14
sch.; 1935 c.13 (NI) s.62 sch.5; SLR (NI) 1954; 1970 c.9 (NI)
s.33(2) sch.4

CONSTABULARY (IRELAND) ACT 1836 - SECT 44
Reputation to be evidence of appointments.

44. If any question shall arise as to the right of any magistrate,
or of any inspector, sub-inspector, chief constable or head
constable, or sub-constable, to hold or execute any such office
respectively, common reputation shall to all intents and purposes be
deemed and held to be sufficient evidence of such right; and it
shall not be necessary to produce any appointment, or any oath,
affidavit, or other document or matter whatsoever, in proof of such
right.

Ss.4549 rep. by SLR 1874; SLR (NI) 1954

CONSTABULARY (IRELAND) ACT 1836 - SECT 50
Protection of constables in executing warrants.

50. Provided always, that when any action shall be brought against
any constable for any act done in obedience to the warrant of any
magistrate, such constable shall not be responsible for any
irregularity in the issuing of such warrant, or for any want of
jurisdiction in the magistrate issuing the same, and such constable
may... give such warrant in evidence; and upon producing such
warrant, and proving that the signature thereto is the handwriting
of the person whose name shall appear subscribed thereto, and that
such person is reputed to be and acts as a magistrate of such
county or district (as the case may be), and that the act or acts
complained of were done in obedience to such warrant, the jury...
shall find a verdict for such constable....

Ss.5158 rep. by SLR 1874; SLR (NI) 1954