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or marshals shall hereafter attend said courts, or be paid, either by the authorities of said city or by the supervisors of the county of Kings, for any service in said courts.

CHAP. XX.

police com

S51. It shall be the duty of the board of Metropolitan Sanitary police district, to set apart a Metropolitan sanitary police pany. company, and to assign to command of each of said companies either a captain or sergeant of Metropolitan police, and to assign to each company such especial duties by the rules and regulations, as may be publicly advantageous.

sanitary

$ 52. The Metropolitan sanitary company are hereby em- Duties of powered, under such distribution of power and duty as may company. be made by the rules and regulations, to visit and make inspection of all ferry boats, manufactories, slaughter-houses, tenement houses and edifices suspected of or charged with being unsafe, and to take all necessary legal measures for promoting the 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 ferry boat, manufactory, slaughter-house, tenement house or edifice is maintained in a manner prejudicial to the lives or health of the public, it shall, after due entry upon its minutes of the circumstance, cause complaint to be made, founded upon such report and circumstance, before any magistrate of the Metropolitan district, who shall, in a summary way, upon such complaint made under oath, issue his proper warrant, reciting therein the name of the member or members of the Metropolitan sanitary police company, for the arrest of the person in charge of such ferry boat, manufactory, slaughter-house, tenement house and edifice, to the end that he may be brought before such magistrate, and the complaint of insecurity, or the life or health of the public so made, 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 of insecurity of the lives or health of the public, is founded on reasonable and probable cause, he may, by his order in writing, command any such ferry boat to cease running, or any business in such manufactory or slaughter-house to cease, until the cause of complaint aforesaid shall be removed, to the satisfaction of the board of Metropolitan police.

tenement

$53. The board of Metropolitan police may, by its order in May cause writing, cause any tenement house to be cleansed at any time houses to be after three days' notice for such cleansing shall have been cleansed. served upon the owner, landlord or agent thereof, and within such time the same has been neglected. The expense of taking down any edifice, or of cleansing any tenement house, as aforesaid, shall be paid by the comptroller of the city within which the said edifice or house is situated; a copy of the order of the board in writing, together with the bill of expense, countersigned by the comptroller aforesaid, with a description

PART L

Proceedings may

into su

of the premises and real estate thereof, being filed with the clerk of the county, shall become and continue to be a lien for the amount of such repairs, with interest upon said premises, to the same effect as a judgment of a court of record, until such time as the comptroller, on reimbursement of said expenses and interest, shall in writing authorize the said county clerk to discharge the same.

S54. The said proceedings of the board of Metropolitan be removed police or of the magistrate acquiring jurisdiction as aforesaid may be removed into the supreme court by certiorari for examination. The acts of the said board, when in accordance with the provisions aforesaid, shall be deemed judicial acts.

preme court for examination.

Duty of

surgeons of the force.

May create, operate and maintain

$ 55. In addition to such duties which shall be assigned to surgeons of Metropolitan police by the rules and regulations, it is hereby made their duty especially to visit each day the station houses of police within the Metropolitan police district and exercise supervision over the sanitary condition of station and lodging houses, and of the members of the force connected with the precinct in which the same is situated, and at all times to perform such services of inspection of nuisances and tenement houses, and such medical and surgical attendance and services to vagrants, disorderly persons, intoxicated persons and sick persons, within said station houses, and to witnesses in the house of witness detention, as may be requested of them in writing, by the superintendent of police, or by the inspectors or captains of Metropolitan police.

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$56. The board of Metropolitan police shall have power to create, operate and maintain, under the general laws of the telegraph. 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.

Expenses of criminal

process to

$ 57. The necessary expenses incurred in the execution of criminal process within the said "the Metropolitan police disbe a county trict," shall be a county charge only against the county from which the said process issued.

charge.

Station

houses

modations

to be pro

vided.

S58. It is hereby declared to be the duty of the common and accom- councils of the cities of New York and Brooklyn, respectively, in accordance with the practice and ordinances now existing therein, 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 vagrants 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 the said board of Metropolitan police to provide accommodation, as aforesaid, or station houses, which in the opinion of the sail board are not suitable, or to put the said station house in due repair, then the said board may make their own provisions and contracts of leasing or hiring, or repairing in the premises, and the same, when made, shall become a proper charge and debt for the expenses and disbursements thereof, against the said city whose common council has so neglected or refused to make provision in manner and form aforesaid.

CHAP. XX.

Accommo

$59. The accommodations required for the police purposes Actiong 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.

of criminal.

be estima

$60. The commissioners of Metropolitan police, and the Expenses comptrollers of the cities of New York and Brooklyn, convened process to as a board of estimate and apportionment, shall annually, ted annualon or before the first day of September, make up a financial ly estimate of the sums required annually for expenses in the execution of criminal process, or for the fitting up, warming, lighting, and furnishing police station houses, and the house for detention of witnesses, and for alterations in, additions to, and repairs of the same, and for office accommodation and printing, 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 incurred 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, and to defray the salaries and pay required by this act, and such other general expenses as may from time to time, in the judgment of such apportionment board, become necessary, with the enumeration thereof. Such estimate shall be accompanied with the written apportionment, by said board, of the 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 an auditing committee, composed of the presidents, respectively, of the board of supervisors of the counties of New York, Kings, Westchester and

PART I.

Boards of supervisors to raise amount of

Richmond, and of the board of alderman 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 before the second Monday of said October, shall object in 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 appointment, 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 Richmond, 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 therein, except such county, town or village shall have voted to employ and pay patrolmen.

$61. The board of supervisors of the county of New York, and the joint board of supervisors and aldermen of the city assessment of Brooklyn, are hereby respectively empowered and directed annually to order and cause to be raised and collected by tax upon the estates, real and personal, subject to taxation according to law, within the said county of New York and city of Brooklyn, respectively, the sums of money as aforesaid annually estimated and apportioned as the share of said county or city, of the said total expenses of the Metropolitan police district.

Moneys to be paid into and from

state treasury.

Salaries.

$62. The several sums of money provided for by the preceding sections shall be paid into the treasury of the state, and shall be paid therein and therefrom under the fiscal regulations of law relating to the school fund of the State of New York.

$ 63. The commissioner of Metropolitan police who shall be selected as treasurer of the board of Metropolitan police, shall receive an annual salary of three thousand dollars, and each other commissioner shall receive a compensation of eight dollars for each day of actual service, the same to be annually certified to the comptroller of the state by the said treasurer of the board. The superintendent of the Metropolitan police shall receive an annual salary of five thousand dollars. Each inspector of police shall receive an annual salary of two thousand dollars. Each surgeon of police shall receive an annual salary of fifteen hundred dollars. The chief clerk to the board of Metropolitan police shall receive a like salary of two thousand dollars. The property clerk shall receive a like salary of twelve hundred dollars; and each deputy clerk a like salary of one thousand dollars. Each captain of Metropolitan police shall receive an annual salary of twelve hun

dred dollars.

Each sergeant of Metropolitan police shall receive an annual salary of nine hundred dollars. The pay of each patrolman shall be at the yearly rate of eight hundred dollars, and that of each doorman at the rate of seven hundred dollars per year. The salaries and pay aforesaid shall be paid monthly to each person entitled thereto, in modes to be prescribed by the rules and regulations, subject to such deductions each month from the salary or pay of members of the Metropolitan police force as the treasurer shall make (and which deductions he is hereby authorized to retain) to satisfy fines imposed on any member of the Metropolitan police force by way of discipline or punishment, and as prescribed by the rules and regulations of the board. The salary of the treasurer and the compensation of each other commissioner shall be paid by the comptroller of the state out of the Metropolitan police fund.

СНАР. ХХ

receive no

$64. No member of the board of Metropolitan police, under Members to any pretense whatsoever, shall, for his own benefit, share in present, &c any present, fee, gift, or emolument for police services, additional to his regular salary or compensation.

services,

rewarded.

$65. The board of police, for meritorious and extraordinary Meritorious services rendered by any member of the police force, in the how due discharge of his duty, may permit any member of the police force to retain for his own benefit, any reward or present tendered him therefor; and it shall be cause of removal from the Metropolitan police force for any member thereof to receive any such reward or present without notice thereof to the board of Metropolitan police. Upon receiving said notice, the said board may either order the said member to retain the same or shall dispose of it for the benefit of the police life insurance fund.

15 W., 44; 9 W., 262; 2 Ed., 95.

$66. All fines imposed by the board of police upon members of the Metropolitan police force, by way of discipline and collectible from pay or salary, and all rewards, fees, proceeds of gifts and emoluments that may be paid and given for account of extraordinary services of any member of the Metropolitan police force (except when allowed to be retained by said member); and all moneys remaining for the space of one year in the hands of the property clerk, or arising from the sale of unclaimed goods; and all proceeds of suits for penalties, under this amended act, shall be deposited and paid into the bank wherein the treasurer of the board of Metropolitan police shall keep an account. The payments so made shall constitute and be deposited and kept as a fund, to be called the "police life insurance fund," and the persons who shall from time to time fill the office of the said treasurer of the board of Metropolitan police and that of Comptroller of the city of New York and city of Brooklyn, are hereby declared the trustees of the said fund, and may from time to time invest the same, in whole or in part, as they shall deem

Proceeds of

fines, gifts,

&c., how

disposed of.

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