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grations, or elections, or gambling, or intemperance, or lotteries, or lottery policies, or vagrants, or disorderly persons, or the public health, or any ordinance or resolution of common councils, or town, or village authorities within the said district, applicable to police, health or criminal procedure.

May arrest certain per

out warrant

$30. The several members of the police force shall have sons with power and authority to immediately arrest, without warrant, and to take into custody any person who shall commit, or threaten or attempt to commit, in the presence of such member, or within his view, any breach of the peace or offense directly prohibited by act of the legislature, or by any ordinance of the city, town or village within which the offense is committed, threatened or attempted; but such member of the police force shall immediately and without delay, upon such arrest, convey in person such offender before the nearest magistrate, that he may be dealt with according to law.

S31. The office of deputy superintendent of police created by the act of which this act is amendatory, is hereby abolished but the board of Metropolitan police shall appoint the persons now acting as deputy superintendents to be the inspectors of Metropolitan police force, provided by this act; and the said persons are hereby continued in membership of the Metropolitan police force under such last named designation; and the said board may appoint from the captains of the Metropolitan police, two additional inspectors of Metropolitan police, whose duties shall be prescribed by the board of Metropolitan police, by its rules and regulations; but one of said inspectors shall always perform duty in the city of Brooklyn.

$32. The constables elected by the electors within the counties of Westchester and Richmond, and in the county towns of Kings and of Queens, and the police constables and assistant police constables in villages within the said the Metropolitan police district, shall possess all the powers conferred by this amended act upon the Metropolitan police force. The board of supervisors, in each of the said last mentioned counties, may call upon the board of Metropolitan police to appoint for duty, within the police precincts of which the said county shall be a part, as many additional captains, lieutenants, sergeants, and patrolmen, as the said board of supervisors shall enumerate and describe, upon appropriating to the Metropolitan police fund the necessary expenses, salaries or pay to be incurred thereby. It shall become the duty of the board of Metropolitan police, thereupon to appoint such additional members of the Metropolitan police force, but not until so called upon.

$33. The supervisors of the counties of Richmond, Westchester, Kings and Queens are hereby authorized and empowered from time to time to levy and raise by tax upon the estates, real and personal, taxable within each county, such sum or sums of money as may be required to carry into effect

PART I

Inspectors.

Constables elected, to

possess the same pow

ers as the Metropolitan police force.

Supervisors to raise

money by tax to carry

out fiscal provisions of this act.

in respect to either of said counties, the fiscal provisions of this act affecting said counties or any of them.

5 Ab., 213.

CHAP. XX.

$ 34. No person holding office under this act shall be liable Exemp to military or jury duty, nor to arrest on civil process, or police. to service of subpoenas from civil courts, whilst actually on duty.

cer

services of

$35. The health officer of the port of New York shall have Health offipower at all times to call upon any of the police force of the command district, to a number not exceeding ten, to aid him upon any police. necessary emergency in enforcing the powers and duties conferred upon his office by law, and it shall thereupon become the duty of any such member of the police force so called upon to obey him. But such service shall not continue longer than twenty-four hours, unless by direction of the board of Metropolitan police.

reported.

$ 36. In every case of arrest by any member of the Metro- Arrest to be politan police force, the same shall be made known within six hours thereafter to the superior upon duty in the precinct wherein the arrest was made by the person making the same; and it shall be the duty of the said superior, within twelve hours after such notice, to make written return thereof according to the rules and regulations of the hoard of Metropolitan police, with the name of the party arrested, the alleged offense, the time and place of arrest, and place of detention.

dation for

witnesses.

$37. The board of Metropolitan police are authorized from Accommotime to time to contract for and to provide suitable accommo- detention of dation within the said "the Metropolitan district," for the detention of witnesses who are unable to furnish security for their appearance in criminal proceedings; and such accommodations shall be in premises other than those employed for the confinement of persons charged with crime, fraud or disorderly conduct. And it shall be the duty of all magistrates, in committing witnesses, to have regard to the rules and regulations of the board of Metropolitan police in respect to their detention.

of members.

$38. The board of Metropolitan police may also suspend Suspension from pay or duty, or both, any member of the said force, but not longer than thirty days from pay at any one suspension.

reports.

$39. The superintendent of the Metropolitan police force Quarterly shall make to the board of Metropolitan police quarterly reports in writing of the state of "the Metropolitan police district," with such statistics and suggestions as he may deem advisable to submit for the improvement of the police government and discipline of the said district. The board of Annual Metropolitan police shall, on or before the first Monday in December in each year, make a report, in writing, to the governor of the state upon the condition of the Metropolitan police within the said Metropolitan police district.

reports.

S40. The superintendent of Metropolitan police, and each Powers of captain of police within his precinct, shall possess powers of superinten

PART I. dent and captains.

Duty in regard to gaming and disorderly

houses.

general police supervision and inspection over all licensed pawnbrokers, licensed venders, licensed junkshop keepers, junk boatmen, licensed cartmen, dealers in second-hand merchandise, intelligence office keepers, and auctioneers of watches and jewelry, within the said Metropolitan police district; and in the exercise of and in furtherance of said supervision, may from time to time empower members of the police force to fulfill such special duties in the aforesaid premises as may be from time to time ordained by the board of Metropolitan police. The said superintendent, and each captain, within his precinct, may, by authority in writing, empower any member of the Metropolitan police force, whenever such member shall be in search of property feloniously obtained, or in search of suspected offenders, to examine the books of any pawnbroker or his business premises, or the business premises of any licensed vendor, or licensed junk-shop keeper, or dealer in second-hand merchandise, or intelligence office keeper, or auctioneer of watches and jewelry, or boat of any junk boatman. Any such member of the Metropolitan police force, when thereto authorized in writing by the said superintendent, and having in his possession a pawnbroker's receipt or ticket, shall be allowed to examine the property purporting to be pawned or pledged, or deposited upon said receipt or ticket, in whosesoever possession said property may be; but no such property shall be taken from the possessor thereof without due process or authority of law. Any willful interference with the said superintendent or captain of police, or with any member of the Metropolitan police force, by any of the persons herein before named in this section, whilst in official and due discharge of duty, shall be punishable by misdemeanor. S41. If any member of the Metropolitan police force, or if any two or more householders shall report, in writing, under his or their signature, to the superintendent of the Metropolitan police force, that there are good grounds (and stating the same) for believing any houses, room or premises within the said "the Metropolitan police district" to be kept or used as a common gaming house, common gaming room, or common gaming premises, for therein playing for wagers of money at any game of chance, or to be kept or used for lewd and obscene public amusement, or the deposit or sale of lottery tickets or of lottery policies, it shall be lawful for the general superintendent of Metropolitan police to authorize any member or members of the police force to enter the same, who shall forthwith arrest all persons there found offending against law, and seize all implements of gaming, or lottery tickets or lottery policies, and convey any person so arrested before the nearest magistrate, and bring the articles so seized to the office of the board of Metropolitan police. It shall be the duty of the said superintendent of the Metropolitan police force to cause such arrested persons to be vigorously prosecuted, and such articles seized to be destroyed.

CHAP. XX.

not to be

Sunday.

$42. It shall not be lawful for any person to publicly keep Intoxicat or dispose of any intoxicating liquors upon the first day of ing liquors the week, called Sunday, or upon any day of public election, old on within the said "the Metropolitan police district," under a penalty of fifty dollars for each offense, to be sued for and recovered in the name of the people of the State of New York, by the district attorney of the county wherein the offense was committed, for the benefit of the said police life insurance fund, and it shall be the duty of the district attorney to pay over quarterly all moneys or judgments collected by him, except the costs and disbursements under the provisions of this act, or the act of which this is amendatory, to the treasurer of said police board. And it shall be the duty of the superintendent of police to strictly enforce the provisions of this section by his proper orders in respect thereto, to the members of the Metropolitan police force, and it is hereby made the duty of the said members in respect to the enforcing the provisions of this section, to proceed in the manner provided by law for the arrest of offenders.

violence

or for falsely assuming to be a policeman.

$43. It shall be a misdemeanor, punishable by imprison- Penalty for ment in the county jail, or in the city and county of New election day York in the penitentiary, for not less than one year or exceeding two years, or by a fine for not less than two hundred 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 such member 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.

books to be

$ 44. The board of Metropolitan police shall cause to be Certain kept general complaint books, in which shall be entered any kept. complaint of a police nature preferred upon a personal knowledge of the circumstances thereof, with the name and residence of the complainant. The said board shall also cause to be kept, books of registration of lost, missing, or stolen property, for the general convenience of the public, and for the information of the Metropolitan police force. The said board shall cause to be kept, books of record of "the Metropolitan police district," wherein shall be entered the name of every member of the Metropolitan police force, with the time and place of his nativity; the time when, and the place where, he became a citizen, if he was born out of the United States; his age, upon becoming such member, and his former occupation; number of his family and the residence thereof, and the date of appointment or of his resignation or withdrawal or of dismissal from office, with the cause of the latter. And against all such entries suffi

PART I cient space shall be left wherein to make record of any especial arrests made from time to time, by such member of the police force, or of any special service deemed meritorious by the said board. The said board shall also cause to be kept in proper books, the accounts of the treasurer, and all, receipts for money expended, or for warrants or for check, for moneys issued by the treasurer, shall be written in books kept for the purpose; and the said receipts shall be signed by the person or persons receiving said money, warrants or checks, from the treasurer. Such books shall be, at all business hours and when not in actual use, open to public inspection. The board of Metropolitan police shall also cause to be kept and bound, all police returns and reports from any member of the Metropolitan police force, and all minutes of the proceedings of said board; which returns, reports and minutes, shall only be open for public inspection in the discretion of said board. $45. Every member of the Metropolitan police force shall ment to be have issued to him by the board of Metropolitan police a proper warrant of appointment, signed by the president of the said board, and countersigned by the chief clerk, which warrant shall contain the date of his appointment and his rank. $ 46. The board of Metropolitan police shall make suitable ity and oath provisions respecting security to be entered into by the superintendent of police force, and by the inspectors of police force, and by the property clerk for the faithful performance of their respective duties. Each member of the Metropolitan police shall take an oath of office and subscribe the same in a book kept for that purpose, which oath of office may be taken before any commissioner of Metropolitan police who is hereby empowered to administer the same, and write acknowledgment thereof.

Warrants

of

issued.

Board to take secur

nates.

Patrolmen to be detailed at election polls.

Poll clerks to be appointed.

Criminal process to be served by police.

S 47. It shall be the duty of the commissioners of Metropolitan police to detail, on the day of any election within the cities of New York and Brooklyn respectively, at least two patrolmen to each election poll.

$48. Said commissioners shall, in and for each of the said cities, appoint all poll clerks provided for by law, and shall, in and for the said cities, provide ballot-boxes for use at general, special and charter elections, and for the custody of the said boxes, except during the taking, receiving and counting of the votes.

Booth or box for dis

S 49. It shall be the duty of the board of police to prevent tribution of any booth or box for the distribution of tickets at any elec

tickets.

tion to be erected or maintained within one hundred and fifty feet of any polling place within the cities aforesaid.

S50. All criminal process issuing out of any court, or from any justice or judge in the city of Brooklyn, shall be served 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 of Brooklyn, and no constables

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