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regular patrolmen, shall be appointed by the board of Metropolitan police, to be stationed in 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 patrolman or 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 şum 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, or 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.
$ 13. Each member of the Metropolitan police force of the Policemen Metropolitan police district shall hold office, respectively, office durduring his good behavior, and shall be liable to removal from behavior. 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 notice to him thereof by the said board, in manner to be prescribed by said 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 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 district during the five years next preceding his appointment, except that this last limitation of residence shall not apply to members employed for detective service, not exceeding fifty in number.
19 N. Y., 188; 7 Ab., 87; 6 Ab., 162; 5 Ab., 422.
$ 14. Vacancies in the police force shall be filled up as fol- Vacancies, lows: Inspectors must be appointed from among those now holding office as deputy superintendent, or who are captains. Captains must be appointed from among sergeants, and sergeants must be appointed from among patrolmen.
$15. The board of police of the Metropolitan police dis- Additional trict, whenever expedient, shall, on the application of any special pa
PART I. trolmen may be
president of an incorporated village within the said district, or corporation, or person or persons showing the necessity in extraor- thereof, detail regular patrolmen of the police force, or appoint and 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.
S16. The board of police may also, upon any emergency without pay or apprehension of riot, pestilence or invasion, appoint as many special patrolmen, without pay, from among the citizens, as it may deem desirable, and during any day of public election it may 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 two 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 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, 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 term of service of any special patrolman authorized as aforesaid, he shall possess all the powers and privileges, and perform all the duties of the patrolmen of the standing force of the district. Every such special patrolman shall wear an emblem, to be prescribed and furnished by the board of Metropolitan police.
Members of $ 17. No member of the Metropolitan police force, under police force penalty of forfeiting the salary or pay which may be due to withdraw him, shall withdraw or resign, except by permission of the permission. board of Metropolitan police, unless he shall have given to the superintendent one month's notice, in writing, of such intention. There shall be no limitation or restriction of place
of residence, to any member of the Metropolitan police force, other than residence within the Metropolitan police district.
to be ap
$ 18. The commissioners of Metropolitan police shall annu- President ally, or as often as a vacancy shall occur, select one of their pointed. number to act as the president of the board of Metropolitan police. He shall preside at the meetings of the board and Powers and whenever a vacancy shall occur in the office of superintendent of Metropolitan police force 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 rules and regulations of the board of Metropolitan police, and with proportionate increase of pay during such continuance of duty.
19. The commissioners of Metropolitan police shall select Treasurer one of their number to be the treasurer of Metropolitan police. police. He shall be the fiscal officer of the Metropolitan police district. He shall, on check and voucher, duly disburse 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 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. No expenses other than salaries and pay herein provided, shall ever be incurred by the board of police, except for rents, stationery, printing, advertising, fuel and lights, unless the same shall be expressly authorized and provision therefor made as a separate county or city charge by the board of supervisors for the county, or the joint board of the supervisors and aldermen of the city of Brooklyn, within which the expenditure becomes necessary.
$20. The board of Metropolitan police may appoint a chief Clerks and clerk, a property clerk and deputy clerks not to exceed six, be appointsurgeons of police not to exceed five, and doormen not to exceed two, to each station house. The persons thus severally appointed shall severally hold office at the pleasure of the said board.
21. The Board of Metropolitan police shall provide such Office and 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; but the inspector of police force in Brooklyn shall bave office accommodation in that city.
PART I Misdemea
$22. It shall be a misdemeanor for any person not being a nor for any regular member of a police established in any city of this state,
one except proper officers to serve process.
or a member of the Metropolitan police force, or a constable 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 Metropolitan police district.
police furnish in to mayors,
Powers of board.
May summon witnesses.
$ 25. The board of Metropolitan police shall have power to issue subpoenas, tested in the name of its president, to compel the attendance of witnesses upon any proceedings authoAdminister rized by its rules and regulations. Each commissioner of police, the superintendent of police and the chief clerk of the board of police, are hereby authorized and empowered to administer affirmations and oaths to any person summoned and appearing in any matter or proceeding, authorized as aforesaid, or to make any depositions necessary to be made under the rules and regulations of the board of police, or for the purposes of this amended act. Any willful and corrupt false swearing by any witness or person, to any material fact in any necessary proceeding under the said rules and regulations, or under this act, shall be deemed perjury, and punished in the manner now prescribed by law for such offense. The provisions and procedure of section three of an act entitled "An act to enable the common council of the city of New York to take testimony in matters referred for investigation or inquiry," passed February eighth, eighteen hundred and fifty-five, are hereby applied to the case of any witness subpoenaed under this section.
$ 26. The board of Metropolitan police may from time to time establish stations and station houses, or sub-stations and sub-station houses, at least one to each precinct, for the accommodation thereat of members of the police force, and
False swearing deemed perjury.
$23. The board of Metropolitan police, shall at all times, whenever consistent with the rules and regulations of the said board, and with the requirements of this aet, 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.
May estab. lish stations and sub-stations.
$24. The board of Metropolitan police is hereby invested with, and shall hereafter exercise all the powers now conferred 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 insurrections, protect the property and preserve public tranquillity; 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.
1 Hilt., 562.
as temporary places of detention for persons arrested and property taken within the precinct.
$27. The commissioners of Metropolitan police in further- Rules and ance of the police government of the said the Metropolitan police district, and for the promoting and perfecting the police discipline of subordinates and of the members of the Metropolitan police force, are empowered to enact, modify and repeal, from time to time, "rules and regulations
general discipline," wherein, in addition to such other provisions as may be deemed expedient by said commissioners, there shall be particularly defined, enumerated and distributed, the powers and duties of the superintendent of police force, and of the inspectors and captains of police force, and of the clerks of the said board, of the sergeants, of the doormen, and of the members of the Metropolitan police force; and wherein shall be specified the modes of appointment to, and removal from office of the said superintendent and inspectors, and the members in the Metropolitan police force, and the manner of discipline of the said police force, provided that such by-laws, ordinances, rules or regulations, shall not conflict with any of the provisions of this amended act, or with the constitution of the United States, or of this state.
$28. The members of the police force of the said "the Members to Metropolitan police district," shall furthermore possess in powers of every part of this state, all the common law and statutory powers of constables, except for the service of civil process; and any warrant for search or arrest, issued by any magistrate of this state, may be executed in any part thereof by any member of the police force of the said "the Metropolitan police district," and all the provisions of sections seven, eight and nine of chapter two, title two, part four of the Revised Statutes, in relation to the giving and taking of bail, shall apply to this act.
$29. It is hereby made the duty of the Metropolitan police Duties of force at all times of the day and night, within the said Metro- force. politan police district, and the members thereof are accordingly hereby thereunto empowered, to especially preserve the public peace, prevent crime, detect and arrest offenders, suppress riots and insurrections, protect the rights of persons and of property, guard the public health, preserve order at every primary and public election, remove nuisances existing in public streets, roads, places and highways; repress and restrain disorderly houses and houses of ill-fame, to arrest all street beggars and mendicants, to provide a proper police attendance at every fire, in order that thereby the firemen, fire engines and property exposed may be suitably assisted or protected; assist, advise and protect emigrants, strangers and travelers in public streets, or at steamboat and ship landings, or railway stations; enforce every law relating to the suppression and punishment of crime, or to the observance of Sunday, or regarding pawnbrokers or mock auctions, or emi