CONSTABLE
An official of a MUNICIPAL CORPORATION whose
primary duties are to protect and preserve the
peace of the community.
In medieval law, a constable was a high func-
tionary under the French and English kings. The
importance and dignity of this position was sec-
ond only to that of the monarch. The constable
led the royal armies and was cognizant of all
military matters, exercising both civil and mili-
tary jurisdiction. It was also his duty to conserve
the peace of the nation.
In ENGLISH LAW, a constable was a public
civil officer whose general duty was to maintain
the peace within his district, although he was
frequently charged with additional obligations.
“High,” “petty,” and “special” constables for-
merly existed. The police have assumed the
functions of constables.
State constitutions and laws in the United
States generally establish prerequisites for hold-
ing the office of constable. In most instances, a
constable must be a U.S. citizen, a qualified
voter, and a resident in the area of his or her
jurisdiction.
The term of office and removal therefrom
are usually governed by state constitutions and
laws.A basis for removal may reside in neglect of
duty.
A constable-elect is generally required to
post a bond as security for faithful performance
of the duties and obligations of the office. The
bond protects those individuals who might otherwise be harmed by any possible neglect of
duty.
A constable has the status of peace officer, a
person designated by public authority to main-
tain the peace and arrest persons guilty or sus-
pected of crime. The constable must yield to the
superior authority of a sheriff, the chief execu-
tive and administrative officer of a county,
where a conflict exists concerning jurisdiction.
Service of process—the delivering of a sum-
mons which informs a person that he or she is a
defendant in a lawsuit—is an important func-
tion of a constable. State laws confer the power
to serve process. The constable executes the
process of magistrates’ court and of some other
tribunals. The courts do not instruct constables
on the manner of serving process. The constable
should exercise due diligence to make the serv-
ice but is not obligated to exert every conceiv-
able effort.
Attachment—the seizure of a debtor’s prop-
erty pursuant to court order—is another func-
tion of a constable. It is the constable’s duty to
assume custody of and carefully preserve the
property to be seized. In most instances, the
constable is expected to sell the property and
collect and distribute the sale proceeds.
Miscellaneous duties assigned to constables
by local or state law include the custody of
juries, attendance at criminal court sessions, and
the service of writs—court orders requiring the
performance of a specified act or giving author-
ity to have it done. The powers and duties of
constables have, however, been replaced by sheriffs in many jurisdictions.
