and by a metropolitan police force, composed of a superintendent of metropolitan police force, inspectors of metropolitan police force, captains of metropolitan police, sergeants of metropolitan police, and patrolmen of metropolitan police. Ante, vol. 4, p. 258. sioner or force shall candidate § 6. Any one of the said commissioners, or any member of No commis the police force, who shall, during his term of office, accept or member of hold any other place of public trust or civil emolument, or hold or be who shall, during his term of office, be publicly nominated for other for any office elective by the people, and shall not, within ten days succeeding the same, publicly decline the said nomination, shall be in either case deemed thereby to have resigned his commission, and to have vacated his office. Ante, vol. 4, p. 259. office. and sub-dis cers thereof 9. Those portions of the metropolitan police district which Precincts contribute to the police fund, and authorize the appointment tricts; offiof patrolmen, shall be divided by the board of metropolitan police into precincts, not exceeding in the aggregate one precinct to each fifty of the patrolmen authorized to be appointed. The said board may appoint as many captains as precincts, and assign one captain, and as many sergeants and patrolmen as they shall deem sufficient, to each precinct. Any number of said precincts may be joined into a sub-district by the said board, and assigned to the charge of an inspector of police force. Any number of precincts may be likewise joined into surgical districts, and assignments made thereto of surgeons of police by the said board. Ante, vol. 4, p. 260. ments of § 10 The board of metropolitan police, whenever vacancies Appointoccur, or the same becomes requisite, shall appoint the super- officers. intendent of metropolitan police force and the inspectors of metropolitan police force, not exceeding four, and the captains of metropolitan police not exceeding one to each precinct, and the sergeants of metropolitan police, not exceeding four to each precinct, and one for each special squad, and the patrolmen of metropolitan police, to the number authorized by this act. The board of metropolitan police shall promul- Regulations. gate all regulations and orders to the force through the superintendent of police, who shall be the executive head of the whole police force of the metropolitan district, and who shall have the direction and control of said force, subject to the rules and regulations and orders of the board of police. Ante, vol. 4, p. 260. policemen. § 11. The quota of patrolmen for the county of New York, Quotas of and whose services are to be paid for by the contribution of said county to the metropolitan police fund, shall not exceed one thousand eight hundred, and such additional numbers as the board of supervisors of said county shall, by resolutions, determine to be necessary. The quota of patrolmen for the city of Brooklyn, and whose services are to be paid for by the Quotas for towns. Taxes for police expenses in towns and villages. Vote required. force to hold contribution of said city to the general police fund, shall not exceed three hundred, unless the common council thereof shall, by resolutions, authorize the board of metropolitan police to appoint an additional specified number. Such resolutions may be passed from time to time, by either the said board of supervisors or the said common council. Ante. vol. 4, p. 260. 12. The qualified voters of each of the towns in the respective counties of Kings, Westchester and Richmond, and of each of the towns respectively of Newtown, Flushing and Jamaica, in the county of Queens, and the qualified voters of any incorporated village within the said metropolitan police district, shall have the power at any annual or special townmeeting or village election, to vote and determine if a regular patrolmen, or any or what number of regular patrolmen, shall be appointed by the board of metropolitan police for such town or incorporated village, and to direct the sum necessary to be raised by tax in such town or incorporated village, for contribution to the metropolitan police fund to pay such patrolmen. Upon proper representation of any such action of any of the above towns or villages, the board of supervisors of the county in which such town is situated, or the trustees of such incorporated village, shall cause the sum so voted to be collected, with the other expenses of said town or village. A special town-meeting or village election, for the purpose or purposes aforesaid, may at any time be held, if required, in the manner provided by law for special town-meetings, as now authorized in respective incorporated villages within the said district. But unless so voted as aforesaid, the counties of Richmond, Westchester and Queens, and such towns in the county of Kings as are not within the bounds of the city of Brooklyn, shall not become liable to the imposition of any tax for the general or partial expenses of the board of metropolitan police provided for or incurred by this act, and only in any case according to the provisions of voting aforesaid, and then such proportion of the general or partial expenses is to be imposed upon the town or towns so voting, in proportion to the number of patrolmen employed by such town or towns. Ante, vol. 4, p. 260. Members of 13. Each member of the metropolitan police force of the ofce during metropolitan police district shall hold office respectively good behavior. during his good behavior, and shall be liable to removal from membership of the said police force only after written charges shall have been preferred against him, according to the rules and regulations of the said board, and the same shall have been publicly heard and examined after the notice to him thereof by the said board, in manner to be prescribed by said Must be citi- rules and regulations. But no person shall ever be appointed to membership in the police force of the metropolitan police district, or shall continue to hold membership therein, who is zens. not a citizen of the United States, or who has ever been convicted of crime, or who cannot understandingly read or write in the English language, or who shall not have resided within the state during one year next preceding his appointment. Ante, vol. 4, p. 261. ments to fill 14. Vacancies in the police force shall be filled up as fol- Appointlows: Inspectors must be appointed from among those who vacancies. are captains; captains must be appointed from among sergeants, and sergeants must be appointed from among patrol men. Ante, vol. 4, p. 261. special du patrolmen. 15. The board of police of the metropolitan police district, Detalls for whenever expedient, shall, on the application of any president ties. of an incorporated village within the said district or corporation, or person or persons, showing the necessity thereof, detail regular patrolmen of the police force, or appoint and Special swear any additional number of special patrolmen of the police force, to do special duty at any place within the metropolitan police district, upon the corporation, person or persons, by whom the application shall be made, contributing to the metropolitan police fund, by payment to the treasurer, not exceeding the sum of two dollars and fifty cents per diem, of service on such detail of special duty; but the patrolmen so additionally and specially appointed, shall be subject to the orders of the superintendent of metropolitan police force, and shall obey the rules and regulations of the said board, and conform to its general discipline, and to such special regulations as may be made, and shall wear such dress or emblems as the board may direct, and shall, during the term of their holding appointment, possess all the powers, privileges, and discharge all duties of the metropolitan police force applicable to patrolmen. The persons so appointed may be removed at any time by the board of police, without assigning cause thereof, upon notice to the person or persons who applied for the appointment as aforesaid. Ante, vol. 4, p. 262. ments of trolmen § 16. The board of police may also, upon any emergency or Appoint apprehension of riot, tumult, mob, insurrection, pestilence special pa or invasion, appoint as many special patrolmen, without pay, inary occa from among the citizens, as it may deem desirable, and during sions. any day of public election it may also appoint, to perform duty in the city of New York, not exceeding five hundred special patrolmen, who may be paid out of the police fund contributed by said city, three dollars each for their services as such special patrolmen; provided, however, that each special patrolman so appointed shall make oath before any commissioner of police, the superintendent of police force, or the chief clerk of the board of the metropolitan police, at the time of appointment, that he will not interfere in any manner with the election taking place on the day for which he is appointed, Badges. Policemen not to resign otherwise than by depositing his own vote, and providing that such pay may be withheld, and he may be duly prosecuted as for a misdemeanor, if the terms of such oath be violated; and during the service of any special patrolmen authorized as aforesaid, he shall possess all the powers, privileges, and perform all the duties, that may be by orders, rules and regulations from time to prescribed. Every such special patrolman shall wear a badge, to be prescribed and furnished by the board of metropolitan police. Ante, vol. 4, p. 262. § 17. No member of the metropolitan police force, under or withdraw penalty of forfeiting the salary or pay which may be due to him, shall withdraw or resign, except by permission of the board of metropolitan police. Unexplained absence without leave of any member of the metropolitan police force, for five days, shall be deemed and held to be a resignation by such member, and accepted as such. Absence without leave. President of the board; dutics. Ante, vol, 4, p. 262. 18. The commissioners of metropolitan police shall powers and annually, or as often as a vacancy shall occur, elect one of their number to act as the president of the board of metropolitan police. He shall preside at the meetings of the board, and whenever a vacancy shall occur in the office of superintendent of metropolitan police force, and in the absence or disability of the said superintendent, the president shall possess all the powers and perform all the duties of that office, subject to the orders, rules and regulations of the board of metropolitan police,, and his pay shall be at the same rate as the superintendent during such continuance of duty. Treasurer. To give bond. Ante, vol. 4, p. 263. § 19. The commissioners of metropolitan police shall select one of their number to be the treasurer of metropolitan police. He shall be the fiscal officer of the metropolitan His duties. police district. He shall, on check and voucher, duly disburse, by order of the said police board, for the purposes of this act, all moneys belonging to the metropolitan police fund, and shall deposit the same, when paid to him by the treasurer of the State of New York, in a bank or banks, designated by such officer. He shall execute a bond with sureties, not less than two, conditioned in a penalty of fifty thousand dollars to the people of the State of New York, for the faithful discharge of his duties as such treasurer. The sureties shall justify before a justice of the supreme court; but before the said treasurer shall enter upon his duties, the said bond shall be approved by and filed with the comptroller of the state. Should any collections be made upon civil action on such bond, they shall be immediately paid to the credit of the metropolitan police fund of the metropolitan police district. Ante, vol. 4, p. 263. cers. 20. There shall be a treasurer, book-keeper, a secretary Other offof the president, a chief clerk, a first deputy clerk, and deputy clerks, not exceeding ten; surgeons of police not exceeding ten; a drill captain; and doormen, not exceeding four to the central department, three to the house of detention of witnesses, two to each precinct, two to the inspector's office in Brooklyn, and one each to the sanitary company and detective squad, to be appointed by the board of metropolitan police. Ante, vol. 4, p. 263; Laws of 1866, chap. 861; post, 875. 21. The board of metropolitan police shall provide such offices. office and business accommodations as it shall deem requisite for the transaction of its own business and that of its subordinate officers; there shall be a central office in the city of New York, to be known as the "central department of metropolitan police," and the inspector of police force in Brooklyn shall have office accommodation in that city. Ante, vol. 4, p. 263. members of serve pro 22. It shall be a misdemeanor for any person not being a Persons not regular member of a police, established in any city of this police not to state, or a member of the metropolitan police force, or a con- cess. stable of this state, or a police constable, or assistant police constable, or a sheriff, or one of the usual general deputies of any sheriff of this state, to serve any criminal process within the said "the metroplitan police district." Ante, vol 4, p. 264. required to by board. 23. The board of metropolitan police shall, at all times, Information whenever consistent with the rules and regulations of the be furnished said board, and with the requirements of this act, furnish all police information desired by the mayors or common councils of said cities respectively, or by the boards of supervisors of the counties of Westchester and Richmond, and the county towns of Kings and Queens, within the said "the metropolitan police district." Ante, vol. 4, p. 264. the militia riot. 24. The board of metropolitan police is hereby invested Calls upon with and shall hereafter exercise all the powers now conferred to suppress by law upon mayors of cities, in respect to requiring the services of the military, in aid of the civil authorities, to quell riots, suppress insurections, protect the property and preserve public tranquility; and such investure of power shall exclude that of the mayors of New York and Brooklyn, within these cities respectively, and such powers shall apply to the whole metropolitan police district Ante, vol. 4, p. 264. provisions to. 25. The board of metropolitan police shall have power to witnesses; issue subpoenas, tested in the name of its president, to compel in reference the attendance of witnesses upon any proceedings authorized by its rules and regulations. Each commissioner of police, Oaths, by the superintendent of police, and the chief clerk, first deputy ministered. whom ad |