Country Constables Act 1852 (SA)

No. 15.

An Act to provide f i r the appoin,tment of ConsAnb2e.s i?z the County

Dis t~ ic t s	o f South Buslrulia.
[Assented to 26th November, 1852.1

HEREAS it would tend to increase t l ~ security of persons Preamble.

and propcrty if provision were made for the appointment

of fit and proper persons to act as Constables in the Country Dis-

tricts of South Austr I' a m:

13e it therefore Enactcd, By His Excellency the Lieutenallt- ~ i s t s of persons to be qualified madc out to

Governor of SoutJh Australia, with the advice and consent of the ,,,,, ,,

Legislative Council tliereof, That the Collector for the time being of any District Co~mcil shall, on or hefore thc first day of July next,

and in every succeeding year, on or before the first day of July

in such year, make out a list in writing of every able-bodied man within the district, between the ages of twerrty-one and fifty, clztitled to vote in tlic election of the District Council, not being excepted from serving as constable under the provisions herein cont:l,ined, stating his rank and calling, and place of residence, and when any person shall have served as coizstable under the provisions' of tllis Act, stating the year of such service, and shall fix a true. copy of such listl, duly signed by him, upon the principal door of cvcry Place of public Worship, Police S tution, anrl Court-house, and upon such other public and conspicuous buildings and places in such district as the District Council may direct, and shall subjoin to each copy a notice, stating that all objections to such list will be heard before the District Council for the district at such time, not being less than fourteen days from the day hereinbefore fixed for making out such list and place as may be mentioned in such notice, and sliall likewisc keep a true copy of such list to be perused by any person whose name shall stand in the list of rate-payers at any reasoliable time during the fourteen days next before the day so appointed for hearing objections thereto.

m 2. And

District Councils to

allow lists. 2. And be it Enacted, Tlmt the District Councils sllall meet at

the time and place mentioned in such notice, and shall be then attended by the Collector, and if any mar1 not qualified a d liable to serve as constable as aforesaid is inserted in such list, it shall

be lawful for the said District Council, upon being satisfied either by the oat11 of the party objecting, or in any other way, that there is

any valid objection to the in~ert~ion of the name of such party, to a,mend the list by striking him off such list, and shall allow the list so amended.

mstrict Councils to 3.

And be it Enacted, That when any list s l d l have been allowed, persons as they shall deem ncccssary (regard being had to the extent and population of the district) to serve as constables for the Proviuce during the year then next ensuing, and that no person who has served the office of constable, either in person or by substitute, shall, without his consent, be liable to be again chosen until every other person upon such list slmll Imve servcrt or have been chosw to serve the office of constable either in person or by substitute.

notui~mte	persons to
s e n e m	t s ~ o n u t ~ b ~ ~ ~. the District Council shall choose therefroin the names of such

Constables to take

oath.	4. And be it Enacted, That the District Council shall cause the persons so chosen to be summoned to appear before tllcrn on a day to be fixed by such Court, and shall cause to be adrniuistered to
every such pcrson the followii~g oath (tl~nt is to say):

" I (A.B.), of (C), do smear, that I will well and truly serve

" our Sovereign Lady the Queen in the office of const,ible for

" the Province of South Australia, fur the year now next fol-

" lowing, according to the best of my skill and ability.

" SO IIELE 31E GOD."

Persons chosen may

prolide a d.&tuttt	5. And be it Enacted, That if ally person chosen as aforesaid shall be unwilling to serve as constable in person, and shall find a substitute, to be approved by t,hc District Council, the person so chosen	and uuwilling to scrvc shall attend with his proposed snbstitute,	at the time and place appointed for swearing in constables, and the
District Council shall cause the oath to be adnlinistered to such substitute instead of the pcrson so clmseu and unwilling to serve; but tile service of any person as substitute sllall not be reckoned as his own sewice so as to exempt him fkom being sooner chosen to servc in his own person than otherwise he would have been liable to; and the Clerk of the District Council, within fourteen ditys after the appointment and swearing in of such constables or sub- stitutes as aforesaid, slrall send to the Colonial Secretary a list con- taining the names of all persons so sworn in as conatnblrs within the district, and the said Colonial Secretary shall fbrthwith cause such list to be published in the South Australian Govwnment Gaacih
I n
quatification,

o h , i - 6. And he it Enacted, That in case of the death or disqualification

constable, another of any constable during his year of office, or in case of the neglect

person to bc chosen.

ref'usal of my person who s h d have been chosen constable to

attend

attend and be sworn, or to find a substitute as aforesaid, and after such person so refusing or negleetin~ shall have been fined for such refusal or neglect, the District Counc~l shall, at their next meeting, choose from the said list another person to serve as constable in the place of the persou so refusing or negleetirig and fimd as aforesaid, for the remainder of the year: l'rovided, that if the constahle causing the vacancy was serving as substitute for some other pcrson, the District Council shall suiiiinon the person originally diosen to attend and be sworn, or to find anotlwr substitute duly qualified to serve for the remainder of the year, and the person so originally chosen shall be bound in like innuxler and subject to the same penalty as llrrein provided in respect of such origin$ choice, to attend and be sworn, or to find a substitute to be sworn in his stead, to serve for the remainder of the year; a i d if less than two hundred days shall have elapsed since the first appointment of constables for that year, but not otherwise, the service of the person appointed to act for the remainder of the y a r sliall be reclroacd to l h n as service for tlrat year.

7. And be it Enacted, That every pcrson qualified a d liable to serve, and who s l~a l l be chosen by such Ihti-ict Council to serve	Persons refusing to
serve liable to penalt).,
the office of' constable, and shall be duly sunlnioncd to be sworn and to take upon hinl the said office, and who shall ref~~se, or without reasonable cause to be allowed by the said District Council neglect to attend and to be sworn as constable, or to find a qualified substitute to be sworn in his stead, shall, upon conviction thereof before two Justices, forfeit aiid pay a sum not exceeding r 7 l m Pounds; and every person who nftcr sworu as constable sllall refuse or wilfully neglect to act in the execution of lris oflice sliall upon the coi~riction-thereof befbrc two Justices, forfkit and pay for every such off'ence any sum not exceeding Five Pounds: Provided, that the paynieiit of suclr sum of Ten Pounds sliall for all the purposesoof this Act, be equivalent to the service of the office

of constable by the person paying the same.

8. And be it Enacted, That all hlctnl~crs of the Legislative Who exorn~ted from serving as &mstables.

Council, all officers in Service of Her Majesty on full p<y, or of the Colonial Goverimlent, all Justices of the Peace, all Ministers of Religion authorized to solemnize marriagei, all ~choolniasters, all Practitioners of the Supreme Cowt actually practising, all officers

of' the Supreme Court or of any Local Courts actually exercising

the duties of their respective offices, a11 G overriors of Gaols, Gaolers, and Keepers of IIouscs of Correction, all legally qualified Medical Practitioiiers, all Sheriffs and Sheriff 'S CMEcers, and all Police Constables shall be freed and exempt from serving the office of constable under this Act.

9. And be it Enacted, That in case any person shall assault, disturb, or hinder any constable appointed under this Act while engaged in the discharge of his duties as such conshble, or shall be iding, abetting, or assisting therein, a d shall be thereof convicted

upon

upon the oath of one or more credible witness or witnesses before one or more Justices of the Peace, every such offender shall for every such offence forfcit and ply any sum not exceeding Ten Pounds to be levied by distress and sale of the goods of sudi offender, or in default, imprisoned for any period not greater than three months with or without hard labor.

Penalty on consthlea

for disobedience of	10. And be it Enacted, That any constable being convicted on oath before two or more Justices of the Peace at the instance of the District Council for the District in which such constable has been appointed, of any neglect of duty or of any disobedience of
orders.
any lawful warrant, or order of any Justice or Justices of tlie
Peace to be executed witliiu such District, shall be liable to a penalty of not more than Five Pounds and costs to be recovered by distress and sale of the goods of such constable, or in default by imprisonment with or without hard labor for n pcriod not greater than one month.

l l. And be it Enacted, That every constd~le when employed in

the service of any suninions or other process shall receive, as a remuneration for the same, the fec payable ill respect of such servioe, and which fee the Justice issuing such summons or process,

or the Clerk of any Local Court, or Justices, shall, and he is hereby

authorized to pay to the constable serving the same, upon being

satisfied that tlie same has been duly servecl.

JOHN MORYEIETT, Speaker.

Passed the Legislative Council this sixteenth day

of November, one thousand eight hundred

and$fty-two.

F. C. SINGLETON,

Clerk of Legislative Council.

111 the name and on the belidf of Her Majesty I assent to this Act. H. E. F. YOUNG,

Lieutenant-G overnor.

Government House, Adelaide,

25th November, 1852.

- -. - -. - -

ADELAIDE: Printed by authority, by W. C. Cox, Covernnlent l'rinter, Victoria-square.