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most advantageous for the objects of such fund, and are empowered to make all necessary contracts and take all necessary remedies in the premises.
$67. If any member of the Metropolitan police force, whilst in the actual performance of duty, shall become permanently disabled, so as to render his dismissal from membership necessary, or if any such member shall become killed while superannuated after ten years of membership, the sum of
perannua ted, or
one hundred and fifty dollars, as an annuity, to be paid such member, shall become chargeable upon the Metropolitan police life insurance fund.' If any member of the Metropolitan police force, whilst in the actual discharge of his duty, shall be killed, or shall die from the immediate effect of any injury received by him whilst in such discharge of duty, and shall leave a widow, or if no widow, any child or children under the age of sixteen years, a like sum, by way of annuity, shall become chargeable upon the said fund, to be paid to such widow so long only as she remains unmarried, or to such child or children so long only as said child, or the youngest of said children, continues under the age of sixteen years. In every case the board of Metropolitan police shall determine the circumstances thereof, and order payment of the annuity to be made by draft, signed by each trustee of the said fund. But nothing herein contained, shall render any payment of said annuity obligatory upon the said board, or the said trustees, or chargeable as a matter of legal right. The board of Metropolitan police, in its discretion, may at any time order such annuity to cease.
S 68. 1. All property, or money alleged or supposed to have been feloniously obtained, or which shall be lost or abandoned and which shall be thereafter taken into the custody of any member of the Metropolitan police force, or criminal court in the city of New York, or which shall come into custody of any police justice, shall be by such member or justice, or by order of said court, given into the custody of and kept by the property clerk of the Metropolitan police district, and all such property and money shall be particularly registered by said property clerk in a book kept for that purpose, which shall contain also a record of the names of the person from whom such property or money was taken, the names of all claimants thereto, the time of the seizure and any final disposition of such property and money.
Provision for members becoming disabled, su
Property taken pos session of by police.
2. Whenever property or money shall be taken from persons arrested, and shall be alleged to have been feloniously obtained, or to be the proceeds of crime, and whenever so brought, with such claimant and the person arrested, before some magistrate for adjudication, and the magistrate shall be then and there satisfied from evidence that the person arrested is innocent of the offense alleged, and that the property rightfully belongs to him, then said magistrate may thereupon, in writing, order such property or money to be returned, and
the property clerk, if he have it, to deliver such property or money to the accused person himself, and not to any attorney, agent or clerk of such accused person.
3. If any claim to the ownership of such property or money Claims to shall be made on oath before the magistrate, by or in behalf to be made of any other persons then the persons arrested, the said accused person shall be held for trial or examination, such property or money shall remain in the custody of the property clerk until the discharge or conviction of the persons accused.
4. All property or money taken on suspicion of having been Property feloniously obtained, or of being the proceeds of crime, and possession for which there is no other claimant than the person from how diswhom such property was taken, and all lost property coming posed of. into the possession of any member of the said Metropolitan police force, and all property and money taken from pawnbrokers as the proceeds of crime, or by any such member from persons supposed to be insane, intoxicated, or otherwise incapable of taking care of themselves, shall be transmitted as soon as practicable to the property clerk of the Metropolitan police district, to be duly registered and advertised for the benefit of all persons and parties interested, and for the information of the public as to the amount and disposition of the property so taken into custody by the police.
5. All property and money that shall remain in the custody To be sold of the property clerk for the period of six months, without auction in any lawful claimant thereto, after having been three times certain advertised in public newspapers, shall be sold at public auction, and the proceeds of such sale shall be paid into the police life insurance fund.
6. If any property or money placed in the custody of the Property property clerk, shall be desired as evidence in any police or evidence. other criminal court, such property shall be delivered to any officer who shall present an order to that effect from such court; such property however shall not be retained in said court, but shall be returned to said property clerk, to be disposed of according to the previous provisions of this act.
$69. The persons in the respective offices of general super- Present inintendent, deputy superintendents, captains, sergeants and to continue patrolmen of the Metropolitan police district, at the time of the passage of this amended act, and who have taken and subscribed an oath of office as members of the police force of such district, are hereby continued in office during good behavior, subject to such promotion as may have been provided by previous sections hereof, and to removal from office only according to the provisions of this amended act.
$70. The board of police shall at all times cause the ordi- Ordinances nances of the cities of New York and Brooklyn, not in con- York and flict with the provisions of this act, to be properly enforced, be enforced. and it shall be the duty of said board at all times, whenever consistent with the rules and regulations of the board, and
Owners of boilers to
with the requirements of this act, to furnish all information desired.
A record to
be kept by police board.
AN ACT to confer additional powers upon the Metropolitan Police relating to the inspection of steam boilers.
PASSED April 9, 1862; three-fifths being present.
S1. Every owner of a steam boiler or boilers in use in the Metropolitan police district shall annually, and at such convepolice board nient times, and in such manner and form as may by rules
and regulations to be made therefor by the Metropolitan Police Board be provided, report to the said Metropolitan Police Board at its head quarters, the location of such steam boiler or boilers, and thereupon, and as soon thereafter as practicable, the Metropolitan sanitary company or such member or members thereof as may be competent for the duty herein prescribed, and may be detailed for such duty by the Metropolitan Police Board, but no person shall be detailed for such duty except he be a practicable engineer who shall proceed to inspect such steam boiler or boilers, and all apparatus and appliances connected therewith, and the strength and security of each boiler shall be tested by hydrostatic pressure; and they shall limit the pressure of steam to be applied to or upon such boiler, certifying each inspection and such limit of pressure to the owner of the boiler inspected, and also to the engineer in charge of the same; and no greater amount of steam or pressure than that certified in the case of any boiler, shall be applied thereto. In limiting the amount of pressure, wherever the boiler under test will bear the same, the limit desired by the owner of the boiler shall be the one certified.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$2. The Metropolitan Police Board shall preserve in proper form a correct record of all inspections of steam boilers, and of the amount of steam or pressure allowed in each case, and in cases where any steam boiler or the apparatus or appliances connected therewith, shall be deemed by the board after inspection to be insecure or dangerous, the board shall prescribe such changes and alterations as may render such boilers, apparatus and appliances secure and devoid of danger. And in the mean time and until such changes and alterations are made and such appliances attached, such boiler, apparatus and appliances may be taken under the control of the police board, and all persons prevented from using the same, and in cases deemed necessary the appliances, apparatus or attachments for the limitation of pressure may be taken under the control of the said police board. And no owner or agent
of any steam boilers shall employ any person as engineer without their having a certificate as to qualification from practical engineers to be countersigned by the commissioners of police.
$3. Any person applying or causing to be applied to any Penalty for steam boiler a higher pressure of steam than that limited for this act. the same, in accordance with the provisions of this act, and any person violating the provisions of the second section of this act, shall be guilty of a misdemeanor, and wherever any owner of any steam boiler in the Metropolitan district shall fail or omit to have the same reported for inspection as provided for by this act, such boiler may be taken under the control of the Metropolitan Police Board, and all persons prevented from using the same until it can be satisfactorily tested as herein provided for, and the owner shall in such case be charged with the expense of so testing it.
AN ACT to prevent persons appearing disguised and armed.
PASSED January 28, 1845.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
&c., may be
$1. Every person who, having his face painted, discolored, Persons covered or concealed, or being otherwise disguised, in a man- their faces ner calculated to prevent him from being identified, shall painted, appear in any road or public highway, or in any field, lot, arrested. wood or enclosure, may be pursued and arrested in the manner hereinafter provided: and upon being brought before any judge or other officer, hereinafter designated, of the same county where he shall be arrested, and not giving a good account of himself, shall be deemed a vagrant, within the purview of the second title, of chapter twenty, of the first part of the Revised Statutes; and on conviction, as provided in the said title, shall be committed to and imprisoned in the county jail of the county where such person shall be found, for a term not exceeding six months; and all magistrates authorized in and by the first section of the second title, in the second chapter of the fourth part of the Revised Statutes, to issue process for the apprehension of persons charged with any offence, are authorized and required to execute the powers and duties in relation to the offence created by this act which are conferred and imposed on justices of the peace by the said second title of chapter twenty, and all other powers and duties conferred and imposed by this act.
S2. Every sheriff, deputy sheriff, constable, marshal of a Powers and city, or other public peace officer, or other citizen of the riffs and county where such person or persons shall be found disguised other off
duty of she
Officers $ 3. In the execution of the duties prescribed in the last inhabitants foregoing section, any sheriff, deputy sheriff, constable, marshal, or other peace officer, shall be authorized to command any male inhabitant of his county, or as many as he shall think proper, to assist him in seizing, arresting, confining and conveying to any such magistrate, and committing to the common jail of the county, every person with his face so painted, discolored, covered or concealed, or being otherwise disguised as aforesaid; and any inhabitant so commanded, may provide himself or be provided with such means and weapons as the officer giving such command shall designate. $4. Every person so commanded, as provided in the last preceding section, who shall refuse or neglect, without lawful cause, to obey such command, shall be deemed guilty of a misdemeanor, and be subject to a fine not exceeding two hundred and fifty dollars, or to imprisonment not exceeding one year, or to both.
Penalty for neglect.
as aforesaid, may of his own authority, and without process, arrest, secure, and convey to any such magistrate, residing in the county where such arrest shall be made, any person who shall be found having his face painted, discolored, covered or concealed, or being otherwise disguised as aforesaid, to be examined and proceeded against in the manner prescribed in the said second title of chapter twenty; and it shall be the duty of any sheriff, deputy sheriff, constable, marshal or other peace officer, whenever any of them shall discover any person with his face so painted, discolored, covered or concealed, or being otherwise disguised as aforesaid, immediately to arrest, secure and convey such person to any such magistrate, to be proceeded with according to law; and whenever any such officer shall receive credible information of any person having his face so painted, discolored, covered or concealed, or being otherwise disguised as aforesaid, it shall be the duty of every such officer forthwith to pursue such person, and arrest, secure and convey him to any such magistrate.
Power of magistrates to arrest
S 5. Any magistrate to whom complaint shall be made that any person has appeared in the public highway, or in any lot, certain per- field, woods, or enclosure, with his face so painted, discolored,
In public houses.
covered or concealed, or being otherwise disguised, as aforesaid, may, in his discretion, by warrant under his hand, depute and empower any elector of the county, to arrest, seize, confine, and bring such person before such magistrate, to answer such complaint. And in any such warrant, or in any other warrant or process against any person charged with having his face so painted, discolored, covered or concealed, or being otherwise disguised, as aforesaid, whose name shall not be known, it shall be sufficient to describe the offender by some fictitious name.
$6. Every assemblage in public houses, or other places, of three or more persons disguised as aforesaid, is hereby declared to be unlawful: and every individual so disguised,