resisting by force, or personating § 43. It shall be a misdemeanor, punishable by imprison- Penalty for ment in the county jail, or in the city and county of New policemen York in the penitentiary, for not less than one year, nor for falsely exceeding two years, or by a fine of not less than two hun- Policemen. dred and fifty dollars, for any person without justifiable or excusable cause, to use or to incite any other person to use personal violence upon any elector on any election day, in the metropolitan police district, or upon any member of the police force thereof, when in the discharge of his duty, or for any member of the police force to willfully neglect making any arrest for an offense against the law of this state, or ordinance in force in the said district, or for any person not a member of the police force to falsely represent himself as being such member, with a fraudulent design upon persons or property, or upon any day or time, to have, use, wear or display, without authority, any shield, buttons, wreaths, numbers or other insignia or emblem, such as are worn by the metropolitan police. Ante. vol. 4, p. 269. the board. § 44. The board of metropolitan police shall cause to be Records of kept books of record of the police force, of oaths of office of members of the force, of persons arrested for offenses, of complaints against policemen, and the judgments of the board thereupon, of time lost by patrolmen, of accounts of the treasurer showing the amount of moneys received and expended, and for what purpose expended, of proceedings of the board, of suspected persons and places, of transactions by the sanitary company, and of the property clerk and telegraph office, and all such other books and records in and for the central department, and in and for the several stationhouses as shall be required by the business of the department. Ante. vol. 4, p. 269. appoint § 45. Every member of the metropolitan police force shall Warrants of have issued to him by the board of metropolitan police, a ment. proper warrant of appointment, signed by the president of the said board, and chief clerk or first deputy, which warrant shall contain the date of his appointment and his rank. Ante. vol, 4, p, 270. officers. $46. The board of metropolitan police shall make suitable Security of provisions respecting security, to be entered into by the superintendent of police force, and by the inspectors and captains of police force, and by the property clerk, for the faithful performance of their respective duties. Each member of the Oath. metropolitan police shall take an oath of office, and subscribe the same before an officer of metropolitan police, who is empowered to administer an oath. Ante. vo'. 4, p. 270. elections. 47. It shall be the duty of the board of metropolitan Detail for police to detail on each day of election within the cities of New York and Brooklyn, respectively, at least two patrolmen to each election poll. Ante. vol. 4, p. 270. Appointment of and provisboxes. 48. Said board shall in and for each of the said cities, poil clerks appoint all poll clerks provided for by law, and such poll ion of ballot clerks shall be clerks to the inspectors and to the canvassers, and it shall be their duty to keep and preserve the original tallies, and return the same to the commissioners of police, within twenty-four hours after the canvass is completed, and the said commissioners of police, shall, in and for the said cities, provide ballot-boxes for use at general, special, and charter elections, and retain the custody of said boxes, except during the taking,.receiving, and counting the votes. Such cities respectively to pay the cost of such ballot-boxes, and the expenses of labels therefor, and of moving, handling and repairing the same. Booths not to be erect ed. Service of criminal attendance in Brook lyn. Ante. vol. 4, p. 270. 49. It shall not be lawful for any person or persons to erect, maintain, occupy, or have any booth, box, or structure for the distribution of ballots for any election, within one hundred and fifty feet of any polling place; and it shall be the duty of the police force, or any member thereof, to prevent any booth, or box, or structure for the distribution of tickets at any election, from being erected or maintained within one hundred and fifty feet of any polling place within the cities aforesaid, and to summarily remove any such booth, box or structure, or close and prevent the use thereof. Ante. vol. 4, p. 270. § 50. All criminal process issuing out of any court, or from process and any justice or judge in the city of Brooklyn, shall be served upon courts by a member of the police force, and not otherwise. And the said board of police commissioners shall detail so many patrolmen as shall be necessary to attend all courts transacting criminal business in said city, and no constables or marshals shall hereafter attend said courts, or be paid by the authorities of said city or by the supervisors of the county of Kings for any service in said courts. Sanitary police. Powers and duties of sanitary police. Ante. vol. 4, p. 270. $51. It shall be the duty of the board of metropolitan police, to set apart a metropolitan sanitary police company, and appoint a captain and sergeants not exceeding four of said company, and to assign to said company such special powers and duties, by the orders, rules and regulations, as may be publicly advantageous. Ante. vol. 4, p. 271 § 52. The metropolitan sanitary company is hereby empowered, under such distribution of power and duty as may be made by the rules and regulations, to visit and make inspection of all ferry-boats, manufactories, slaughter-houses, tenement houses, hotels, and boarding-houses and edifices suspected of, and charged with being unsafe, and to take all necessary legal measures for promoting the public peace, security of life or health, upon or in said boats, manufactories, houses and edifices, and to make report of inspection and action in the premises, to the board of metropolitan police. Whenever said board shall be satisfied by such report, that any ferryboat, manufactory, slaughter-house, tenement house or edifice, is in a condition or is maintained in a manner prejudicial to the lives or health of the public, it shall cause complaint to be made, founded upon such report, before any magistrate of the metropolitan police district, who shall, upon such complaint made under oath, issue his proper warrant in the name of the people of the state of New York, for the arrest of the person in charge of such ferry-boat, manufactory, slaughterhouse, tenement house, and edifice, to be brought before such magistrate, and the complaint to be duly investigated, according to the law of examination into misdemeanors. If said magistrate shall be satisfied, on a summary hearing thereof, that such charge is founded on reasonable and probable cause, he may, by his order in writing, command any such ferry-boat to cease running, and such edifice to be closed, or any business in such manufactory or slaughter-house, to cease, until the cause of complaint aforesaid, if found to be well founded, shall be removed to the satisfaction of the board of metropolitan police. Whereupon it shall be the duty of the police to enforce the order of such magistrate. Ante. vol. 4, p. 271. Notification to abate nuisances. $53. 54. Whenever the captains of the sanitary company shall report to the board of police, that any premises, or any part of any premises in any precinct, is in a filthy condition, or in a condition dangerous to health, the board may cause notice to be given to the owner thereof, or his agent in charge of the property, or to the occupant thereof, to cleanse the same within three days. If the premises are not cleansed at the expiration of the said three days, the board of police may order and empower any person to cleanse the same, whereupon the person so ordered shall have power to enter upon and cleanse said premises, and the person so cleansing the Actions for premises, in pursuance of said order, shall maintain an action against the owner of the premises so cleansed, for the services so rendered and expense incurred in such cleansing, in the same court, in the same manner, and with like effect, as if the owner of said premises had himself employed the said person to cleanse the said premises. All acts of the board of Acts, when metropolitan police done under the fifty-second and fifty-third sections of this act, shall be deemed and held to be judicial acts. Ante.vol. 4, p.271. expenses. judicial. geons. $55. The duties of the police surgeons, and the extent and Police surbounds of their districts, shall be assigned from time to time, by the orders, rules, and regulations of the board of police, *So in the original. Police telegraph. Certain expenses a County charge. Duty of common provide necessary houses. and upon taking the oath of office, they shall be members of the police force Ante. vol. 4, p. 272. $56. The board of metropolitan police shall have power to erect, operate, and maintain, under the general laws of the state relating to telegraph lines, all such lines of telegraph in such places within the said district as, for purposes of police, the board shall deem necessary. But the ownership of the fixtures and apparatus for such telegraphic purposes, in the cities of New York and Brooklyn, shall be in the respective municipal corporations of said cities, but subject to the exclusive use and control of the board of metropolitan police. Ante. vol. 4, p. 272. $57. The necessary expenses incurred in the execution of criminal process within the said the metropolitan police district, shall be a county charge only against the county from which the said process issued. Ante. vol. 4, p. 272 § 58. It is hereby declared to be the duty of the common Councils to councils of the cities of New York and Brooklyn respectively, to provide at the expense of said cities respectively, all necessary accommodations within such precincts of the said the metropolitan police district, as shall be contained within the boundaries of the said cities respectively, for the station-houses required by the board of metropolitan police for the accommodation of the police force of such precincts, and for the lodging of vagrant and disorderly persons, and for the temporary detention of persons arrested for offenses. In case the said common councils, or either of them, neglect or refuse, within thirty days after having been thereto in writing requested by said board of metropolitan police to provide accommodation as aforesaid, or station-houses which in the opinion of the said board are suitable, or to put the said station-houses in due repairs, then the said board may make their own provisions by contract, of leasing, or hiring, or repairing premises, and such contracts shall be a proper charge and debt against the said city, the common council of which so neglected or refused to make provisions in manner and form aforesaid. Provision for temporary detention. Ante. vol. 4, p. 272. § 59. The accommodations required for the police purposes of this act, in portions of the metropolitan police district other than the cities of New York and Brooklyn, shall be those ordinarily used by the criminal authorities of each town or village therein. In places within the said district other than the cities of New York and Brooklyn, any member of the metropolitan police force taking any person lawfully under arrest at night, may, in default of public accommodation, of custody, provide for such person a place of detention, in his discretion, but for no longer period than twelve hours. Ante. vol. 4, p. 273. expenses. ment of es 60. The commissioners of metropolitan police, and the Esmate of comptrollers of the cities of New York and Brooklyn, convened as a board of estimate and apportionment, shall annually, on or before the first day of July, make up a financial estimate of the sums required annually for expenses in the execution of criminal process, supplying for the fitting up, warming, lighting, supplying, cleansing, and furnishing police station-houses, and the house for the detention of witnesses, and for alterations in, additions to, and repairs of the same, and for office accommodation, and advertising, printing, binding and stationery, and telegraph apparatus and fixtures, and for badges, emblems and equipments of the police force, and also of the sums necessary for counsel fees, law expenses and disbursements by the board of metropolitan police, or by the commissioners of metropolitan police, or rendered necessary in criminal or civil actions and proceedings against the superintendent, or inspectors, or property clerk, or members of the metropolitan police force, for acts done in the discharge of duty, or by color of office, and to defray the salaries and pay required by this act, and such other general and contingent expenses as may, from time to time, in the judgment of such apportionment board of estimate, become necessary or proper, with the enumeration thereof. Such estimate shall be accom- Apportionpanied with a written apportionment by said board, of the timate. proportion of expenses applicable to each city, county, town or village in the metropolitan police district interested therein, in the ratio of the number of patrolmen authorized by this act, and employed by such city, county, town or village respectively. The said estimate shall then be submitted to a Revision of committee of revision, composed of the presidents respectively committee of the board of supervisors of the counties of New York, Kings, Westchester and Richmond, and of the board of aldermen of the city of Brooklyn, and of the supervisor of the respective towns of Newtown, Flushing and Jamaica, in the county of Queens, who may meet, by a majority thereof to consider the same, on or before the first Monday of October, in each and every year. If the said auditing board, on or o before the second Monday of said October, shall object in Joctions. writing to such estimate and apportionment, or any portion thereof, and so notify, or cause to be notified, the said board of estimates and apportionment, it shall be the duty of the latter to immediately and carefully revise the same, and consider the said objections. If such board shall adhere to their original action of estimate or apportionment, or if they shall modify the same, then their final determination shall be binding upon the respective counties, or cities, or towns, or villages interested therein, except that in the counties of District exRichmond, Westchester and Queens, no proportion of the general expenses of the board of police, in each year, shall be chargeable to any of said counties, or to any town or village estimate; therefor. Considera cepted. |