if the offenders do not immediately desist, he should take them into custody, securing first the principal instigators of the tumult, and do every thing in his power to restore quiet. So if persons go about at night armed, or in any other such manner as to excite great suspicion. that a breach of the peace is intended; or if there be a disorderly noise and drinking, in a house at an unseasonable hour of the night, it is the duty of the constable to arrest the parties. So he may equally, as in other assaults, arrest any one assaulting or opposing him in the execution of his duty.

may,

If a person forcibly enter the house of another, the constable at the request of the owner, turn him out directly. If he have entered peaceably, the constable should first request him to go out; and unless he do so, he should turn him out in either case using no more force than is necessary for that purpose. So, when the offence has not yet been committed, but when a breach of the peace is likely to take place, as when persons are openly preparing to fight, he should take the parties concerned into custody. If they fly into a house, or are making such preparations to fight within the house, the constable should enter the house to prevent them, and likewise take the parties into custody; and should the doors be closed, he may break them open, if admission is refused, after giving notice of his office, and his object in entering.

If any party threaten another with immediate personal violence, offer to strike, or draw a weapon upon another, the constable should take him into custody; but if persons are merely quarrelling or insulting each other, the constable has no right to take them into

custody, but should admonish them to refrain.

The constable cannot, in cases of misdemeanour, arrest a party after the matter has happened, upon the charge of another; though if another deliver to him a person whom he charges with having committed such a breach of the peace, the constable is bound to take charge of him.

If a party, charged with a misdemeanour, escape out of custody, he may be pursued immediately any where; and if he take refuge in a house, the doors may be broken open after demand of admission, and notification by the constable of his office, and object in coming.

After the arrest, the constable is in all cases to treat a prisoner with kindness and humanity, and impose no constraint upon him but what is necessary for his safe custody.

In all cases it is desirable to take the prisoner as soon as convenient before the sitting magistrate, who will dispose of the case. At night he is to be taken to the division station, or, in cases of necessity, to the nearest place of safety.

It will frequently be more advisable for the constable to get a warrant from a magistrate before he acts in taking parties into custody. The constable is bound to follow the directions contained in the warrant, and to execute it with secrecy and dispatch; in doing so he has equal power as when he acts without a warrant, in the manner that has been already stated.

If the warrant cannot be executed immediately, it should be within a reasonable time afterwards. He must execute the warrant himself, or when he calls in assistance must be actually present. Upon all occasions he ought to state his

authority if it be not generally known, and should show his warrant when required to do so; but he should never part with the possession of the warrant, for it may be material for his own justification afterwards.

When the constable gets within reach of a party against whom he has a warrant, he should, in order to make the arrest, touch his person, or shut him up in a room, stating at the same time that he makes him his prisoner. When the person to be taken is not personally known to the constable, he should in some way be able to identify him, as, by taking some one with him to whom the party is known, or by some marks, &c., previously given him. Upon the arrest being made, the prisoner is to be taken before the magistrate as soon as convenient. When the prisoner is brought to the justice, he still remains in custody of the constable until his discharge or committal.

The constable may enter a house to search for stolen goods, having got a search-warrant from a magistrate for that purpose. He should in general execute it in the daytime. If he finds the goods mentioned, he is to take them to the magistrate, and when the warrant so directs, the person also in whose possession they are found: to avoid mistakes, the owner ought to attend at the search to identify the goods.

In the classes of offences which are now to be enumerated, there frequently occur cases in which it is not desirable that the law should be enforced against the offenders the constable will therefore not notice them, unless when the offence may be committed with such circumstances of aggravation or mis

;

t

chief and offence to the public as to require his immediate interference, or unless he receives a special command from his officers. But he should know that he has power to apprehend and carry before a justice of the peace

Every common prostitute wandering in the public streets or public highways, or in any place of public resort, and behaving in a riotous or indecent manner.

Every petty chapman or pedlar wandering abroad without being duly licensed, or otherwise authorised by law.

Every person wandering abroad or placing himself or herself in any public street or highway, court, or passage, to beg or gather alms, or causing, or procuring, or encouraging any child or children so to do, all such being declared by the law idle and disorderly persons.

Any person committing any of the foregoing offences a second time after a former conviction.

Every person professing to tell fortunes, or using any subtle craft, means, or device, by palmistry or otherwise, to deceive or impose on any of his majesty's subjects.

Every person wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, not having any visible means of subsistence, and not giving a good account of himself or herself.

Every person wilfully exposing to view in any street, road, highway, or public place, any obscene print, picture, or other indecent exhibition.

Every person wilfully, openly, lewdly, and obscenely exhibiting his person in any street, road, or public highway, or in the view.

ner as to cause danger or great annoyance to passengers; or throws any ashes, dirt, rubbish, dung, or any filth upon the carriage or footway; or shall slaughter or cut up any beast, swine, or sheep, so near any public street that any blood or filth shall flow upon the pavement; or rolls or drives upon the footway of any street any waggon, cart, or other carriage, or wheel a wheelbarrow or truck, or any cask or barrel, or rides or drives any horse or other beast upon any of the footways; the constable may apprehend the party and take him before the magistrate; but if he know the party, or can discover his residence, the best way is for the constable to lodge his complaint with a magistrate, who will then issue á summons for the party to appear.

If any person slack or sift lime in the streets, unless he can show the consent of the Commissioners of the Pavements for so doing, complaint may be made to a magistrate; if entrances to coal-holes and cellars are not properly secured, so as to prevent danger to passengers, complaint should likewise be made; if any scavenger or any person sweeps or places the mud, dirt, or rubbish, into any of the drains or sewers, complaint may be made in the same way.

During or after a fall of snow, or any frost, if the occupier of any house or building do not once in every day, except Sunday, before the hour of ten o'clock in the fore

noon, sweep and cleanse the footway along the front or sides of their premises, complaint is to be made.

Any person carrying in any cart through the street soap-lees, night soil, slop or filth, without having a proper covering to prevent the same from spilling in the streets, or driving any cart, with such soaplees, &c., in it through the streets, at any time between the hours of six o'clock in the morning and eight in the evening, may be taken into custody at the time, or they may be summoned afterwards before magistrate.

a

If any person empty any boghouse, or take away any night soil from any house in the streets, except between the hours of twelve o'clock in the night and five in the morning, from Lady-day to Michaelmas, or before six o'clock from Michaelmas to Lady-day, or if any person shall put any night soil in or near any of the public streets, the constable should apprehend them immediately, and keep them in confinement till they can be conveniently carried before a magistrate, and may take their horses, carts, &c., to some place of security, to be kept till the decision of the matter. In most of these cases it is desired that the constables should only ascertain the party, and take the means of finding him afterwards, and report the case to the superior officer, and directions will be given him for his further guidance.

In obedience to the order of your honourable House, dated 6th May, 1829, directing that

there be laid before the House "A Return of all the Works now in progress under the direction of the Record commission; also of Works preparing for the press, but of which the printing is not yet commenced, together with an account of the extent and magnitude of such intended publications, the time within which each of them may be completed, and the probable expense of each;"

I humbly beg leave to state as follows:

England. Works now in pro gress."

I.-Inquisitions Post Mortem. The records thus entitled commence at the Tower, with the reign of Henry 3rd, and are preserved there, until the reign of Richard 3rd inclusive; from this time to the twentieth year of Charles 1st, they are extant in the Chapel of the Rolls.

The calendars to the Inquisitions at the Tower have been made complete in four volumes, the first of which was published in 1806, the last in 1828.

On completion of the Tower series, it became necessary to commence that at the Rolls Chapel, which has accordingly been done; and it may be confidently expected that these calendars may be comprised in six volumes, and that for various reasons, especially from the records themselves having been for some years past in course of reparation and arrangement, they may be made complete in print in less than half the time that the Tower series occupied, and probably at an expense not exceed ing 2,400l. per volume, printing and editorship inclusive. This statement has been drawn up with the assistance of Mr. Palmer, who

is to furnish copy for the press, and who is chief clerk to John Kipling, esq., keeper of the records in the Rolls Chapel.

II. Valor Ecclesiasticus. 26 Hen. VIII.

Of this record, remaining in the office of First Fruits, the first volume was printed in 1810, and the whole work finished in 1825, in five volumes, including indexes to each volume, of places and persons; in addition to which, it having been deemed essential that a general index to the entire work should be subjoined in a sixth (and last) volume, this compilation has been proceeded upon, and has recently been finished in manuscript: meanwhile there have fortunately been discovered in the Augmentation-office and Chapterhouse, Westminster, certain supplementary articles connected with this Ecclesiastical Valor, and of the same date; these are now in the press, by way of appendix, and as soon as they are finished, the general index will be put to press, and proceeded upon with all despatch consistent with accuracy. expense, it is thought, will be under 2,000l., printing and editorship inclusive; and Mr. Lemon, the compiler of the general index above-mentioned, is of opinion that it will probably be finished in less than two years.

The

New

The new edition of this work was ordered by the Commissioners to be prepared for the press in 1813, and the first part, or volume, was published in 1816, commenc ing with the reign of William the Conqueror; since then it has been carried on to the sixth part, or