CONSTABLE - Black's Law Dictionary

What is CONSTABLE? Definition of CONSTABLE in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

In  American law. An  officer of a municipal corporation (usually elected) whose duties are similar to those  of the sheriff, though his powers are less and his jurisdiction smaller. He is to preserve the  public peace, execute the process  of magistrates' courts,  and of some other tribunals, serve  writs,  attend  the sessions of the criminal courts, have  the custody of juries, and discharge other functions sometimes assigned to him by the local law or by statute. Allor v. Wayne County, 43 Mich. 76, 4 N.W. 492.

In English law. A public civil officer, whose proper and general duty is to keep the  peace within  his district,  though  he is frequently  charged  with additional duties. 1 B1.Comm. 356. There are "high," "petty," and  "special" constables. See  the  definitions, infra.

In  Medieval law. A high functionary under the  French and  English kings, the  dignity and importance of whose office was  second only  to that of the monarch. He was in general the leader of the royal  armies, and had cognizance of all matters pertaining to war  and  arms, exercising both  civil  and military jurisdiction. He was also charged with the  conservation of the  peace of the. nation. Thus there was a "Constable of France"  and a "Lord High Constable of England." Rich v. Industrial Commission, 80 Utah  511, 15 P.2d 641, 644.

Constable of a castle. In English law.  An officer having  charge  of a castle; a warden,  or keeper; otherwise called a "castellain." Stat.  Westm. 1, c. 7 (3 Edw. I.) ; Spelman, Gloss.

Constable of England. (Called, also, "Mare shal.")  His office consisted in the care of the common  peace of the realm in deeds of arms and matters of war. Lamb.  Const.  4; 3 Steph.  Comm. 47; 4 Bla. Comm. 92.

Constable of Scotland. An officer  who was formerly  entitled to command all the king's  armies in the absence  of the king, and to take cognizance of all crimes committed within four  miles  of the king's  person  or of parliament, the privy council, or any  general convention of the  states of the kingdom. The office  was hereditary in the family of Errol, and  was  abolished by the  20 Geo. III, c. 43. Bell; Ersk. Inst. 1, 3, 37.

Constable of the  exchequer. An officer mentioned in Fleta, lib. 2, c. 31, and  in 51 Hen.  III, stat. 5, cited by Cowell.

High constables. In England, officers  appointed in every hundred  or franchise, whose proper  duty seems  to be to keep the king's  peace  within  their   • respective hundreds. 1 Bl.Comm. 356;  3 Steph. Comm. 47; Coke, 4th Inst. 267.

High constable of England, lord. His office  has been disused  (except  only upon great and solemn occasions, as the coronation, or the like) since the attainder of Stafford, Duke of Buckingham, in the reign of Henry  VII.

Petty constables. Inferior officers in every town and  parish, subordinate to the  high  constable of the hundred,  whose principal  duty is the preservation of the peace,  though  they also have other particular duties assigned to them  by act of parliament, particularly the  service of the summonses and the execution of the warrants of justices of the peace. 1 Bl.Comm. 356;  3 Steph. Comm. 47, 48.

Special constables. Persons appointed (with or without their consent) by the magistrates to execute warrants on particular occasions, as in the case of riots, etc.

More On This Topic: COURT OF QUARTER SESSIONS OF THE PEACE 

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