114 CONST 
of conftables in Weflminfter; 10 Geo. II. c. 22. for 
London ; and other acts only of very local importance, 
and which thole who are to aft under fliould diligently 
confult. 
4. The eonjlable 's duty and office continue till.his fuc- 
ceilbr be fvvorn ; though he may, for juft caufe, be re¬ 
moved by the authority which eleCted him. Buljl.'i 74. 
C'oriftables are to .enforce penalties againft the keepers 
of alehoufes; and to give notice of the days appointed 
for licenftng. Conftable, and two molt able inhabitants 
in the parilh, are to make an afleflrnent for the repairs of 
bridges, to be allowed by juftices. 1 Hawk. P. C. c. 77. 
If conftable have notice that burglary is committed, it is 
his duty to pur hie the felon immediately, though in the 
night. Cro. EL 16. By feveral llatutes, conftables are to 
be affifling to all perfons appointed for the collecting and 
management of the cuftoms; and to perfons having a war¬ 
rant from the lord treafurer, &c. to make a fearch for 
goods that have not paid the cuftoms, 12 Car. II. c. 19, 
23. and 13 Se 14 Car. II. c. 11. Me is to make diftrefles 
under juftices’ warrants, 27 Geo. II. c. 20. under which 
conftable may take his own reafonable charges. Con¬ 
ftable muft keep goods founct on the felon till trial, and 
then return them according to tire directions of the court. 
He malt'give affiftance to juftices ot the peace, or (hall 
be committed and lined. 5 Rep. 2. Conftable is to alii ft 
in putting the laws in execution againft hawkers and 
pedlars, that travel without licences ; and, by 11 Geo. II. 
c. 26. againft hawkers of fpirits. He is to be aiding and 
a [lifting in putting the afts' in execution relating to the 
highways ; and to return lilts of perfons qualified for the 
office of furveyor, &c. but he is not bound to prefent 
them, if out of repair.* 1 Vent 336. Conftable is to be al- 
fifting in driving off commons, forefts, &c. horfes and 
cattle, on pain of forty fliiHings. 32 Hen. VIII. c.. 13. 
And in levying duties on horfes, under 25 Geo. III. 
c. 49. He is to make hue and cry after offenders where 
a felony or robbery is committed ; to call upon the pa- 
riftiioners to aflift in the purfuit; and, if the criminal be not 
found.in the precinft of the firlt conftable, he is to give 
notice to the next; and thus continue the purfuit from 
town to town, and county to county. And, where offen¬ 
ders arc not taken, conftables. (hall levy the tax to fatisfy 
an execution, on recovery againft a hundred, and pay the 
lame to the flieriffs, &c. and neglefting to make hue and 
cry, (hall forfeit five pounds. Under 4 & 5 Will. & M. 
c. 24. 7 & 8 Will. III. c. 32. 8 & 9 Will. 3. c. 10. 3 & 
4 An. c. :S. 3 Geo. II. c. 25. conftables are to give in 
to the juftices at Michaelmas feflions yearly, a lift of per¬ 
fons qualified to ferve on juries. Thefe lifts are to be 
made from the rates of each parilh ; and conftables wil¬ 
fully omitting perfons .qualified, or inferting wrong per¬ 
fons, {hall forfeit twenty fliillings. Illegal lottery offices 
conftable is to'endeavour to fupprefs. 27 Geo. III. c. 1. 
A.nd, by 22 Car. II. c. 8. conftable is to fearch and ex¬ 
amine if any perfons life oth^r meafures than Inch as are 
Wincnefter meafure, and agreeable to the ftandard ; and 
to feize and break the fame. In the city of London, 
conftable is to be affifting to the college of phyficians, in 
putting their laws in execution. 
Under 43 Eliz. e. 2. the weekly rate for the relief of 
the poor is to be affelled, in cafe the parifhioners dis¬ 
agree, by the churchwardens and conftables, who are in 
either cafe to levy the rate ; and, by fedtion thirty-five, 
the churchwardens and conftables of every parilh are to 
colieft the fums rated, and pay the fame over to the 
high conftable. See 12 Geo. II. c. 29. and the article 
Poor. Under 9 An. c. 10. conftable is to levy money 
due for pollage of letters under five pounds. Conftable 
if, at the quarter feffions, to make prefentment of all 
things againft the peace, and belonging to his office. 
Bait. J. P. 474. And they arc ufually fummoned by the 
iheriff to attend the quarter feflions and aflizes to make 
prefentments, which feems juftified by no exprefs law, 
4 
ABLE 
though, perhaps, by ufage. Conftables are to fupjprcfs- 
all riots ; and they may, ex officio, commit offenders. Sca¬ 
vengers’ rates in London fliall be made by conftables and 
churchwarden's, under 2 Will, and Mary, c. 8. Under a 
prefentment in the leet and the fteward’s warrant, con¬ 
ftable and his afliftant may in the cucking-ftool, 
Moore 847. Conftable is to aflift in levying duty on Ser¬ 
vants, under 25 Geo. III. c. 43. Conftables are to quar¬ 
ter foldiers in inns, ale-houfes, victualling-houfes, &c. 
and not to receive any reward to excule quartering them. 
To give in lifts to the juftices, of the lioufes and perfons 
obliged t-o quarter foldiers, and to provide carriages for 
troops on their, march. In all ftatutes, or adts of parlia¬ 
ment, conftables' are called upon to aflift. in the execu¬ 
tion, on almoft innumerable oecafions. Conftable is to 
enforce the acts againft the profanation of the fabbath. 
By 19 Geo. II. c. 21. conftable is to levy the penalty for 
profane fwearing; which is, one (hilling for a lervant, 
labourer, &c. two (hillings for others under the degree 
of a gentleman ; and five (hillings for a gentleman ; and, 
as the crime is repeated, the penalty is to be doubled. 
5. If a eonjlable doth not his duty, he may be indidted 
and fined by the juftices of peace ; on the other hand, 
he is protected by law in the execution of his duty. By 
7 Jac. I. c. 5. if any adtion is brought againft a cunltable, 
for any thing done by virtue of his office, he, and a-lfo 
all others who, in iris aid, or by his command, (hall do 
any thing concerning His office,, may plead the general 
ifl'ue, and give the fpecial matter in evidence and, : if he 
recovers, lie (hall have double coils. But this muft be 
certified on the record by the judge. 2 Vent. 45. Stat. 
19 Geo.’II. c. 21. againft profane (wearing, gives treble 
cofts. By 24 Geo. II. c. 44. no.action fliall be brought 
againft any conftable, or other officer, or any per foil act¬ 
ing by his order, and in his aid, for any thing done in 
obedience to any warrant of a juftice of peace, until de¬ 
mand of the perufal and copy of fuch warrants, and the 
fame hath been refufed or neglected by the fpace of fix 
days; and in cafe, after fuch demand and compliance 
therewith, any adtion fliall be brought againft fuch con¬ 
ftable, See. without making the juftice a defendant; then, 
on producing and proving Inch warrant, the jury fliall 
give a verdidt for the defendant, notwithftanding any de¬ 
tect of jurifdiction in fuch juftice ; and if fuch adtion be 
brought jointly againft fuch juftice, and aifo againft fuch 
conftable, See. then, on proof of fuch warrant, the jury 
fliall find for fuch conftable, &c. and, if the verdidt fliall 
be given againft the juftice, the plaintiff fliall recover his 
cofts againft him, to be taxed fo as to include cofts plain¬ 
tiff (hall be liable to pay to fuch defendant. No adtion 
fliall be brought againft any conftable, &c. unlefs com¬ 
menced within fix calendar months after the adt com¬ 
mitted. This ftutute extends only to adtions of tort. 
Bulla’s N. P. 24. 
The charges of fending malefadtors to jail, were at 
common law to be borne by the vill, in which they were 
apprehended. 1 Hale P. C. 96. But now, under 3 Jac. I. 
c. 10. and 27 Geo. II. c. 3. where a malefadtor has not 
fufficient property in the county where he is taken, on 
application by the conftable, or officer conveying him, a 
juftice of the peace may on oath examine into and afeer- 
tain the reafonable expences to be allowed ; and, by war¬ 
rant without fee,-order the treafurer of the county to pay 
the fame; except in Miudlefex, where fuch expences 
are to be paid by the overfeers of the place where the 
offender was taken. If, in the execution of his office, 
and adting within his own diftridt, atfer competent no¬ 
tice that he is conftable, he, or any that come to his af¬ 
fiftance, be killed, it is murder, although the party kill¬ 
ing do not know his perfon. 2 Ld. Raym. 1300. If two 
men are combating, and the conftable come to part them 
and is hurt, he fliall have adtion of trefpafs; and if he 
hurt them, they fliall not have adtion againft him. And 
fo of thole who aid him; every man who is affifting to 
