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Powers of force.
whom to be
of the superintendent of police, the captains of police, the clerk of the said board, the surgeon to the police, the doormen, and of the members of the police force, and wherein shall be specified the modes of appointment to and removal from office of said superintendent and the members of the 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 act or with the constitution of the United States or of this state.
$ 6. Section twenty-one of the said act is hereby amended so as to read as follows:
$ 21. The superintendent and members of the police force of the said police district shall possess in every part of the 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 said force; and all the provisions of sections seven, eight and
vine of chapter two, title two, part four of the Revised Statutes penses: to in relation to the giving and taking of bail shall apply to this charged. act. The actual and necessary expenses incurred by any
member of said force in serving or executing any process provided for in this act, or in detecting or endeavoring to detect, discover, or arrest any perpetrator of crime against the laws of this state, or to discover or reclaim any property feloniously stolen, concealed or carried away, when directed to do so by the superintendent or president of the board of police, or by the district attorney of the county of Erie or of the county of Niagara, when patrolmen for the town of Wheatfield, in said Niagara county, shall have been assigned, shall be a charge against said county of Erie and against the town of Wheatfield in said county of Niagara, when patrolmen shall have been assigned as aforesaid, as may be determined by the character of the expense incurred and service performed. The amount of said expenses shall be made out in items and in detail, and verified by the oath of the party to whom the same is due to the effect that the sums therein charged have been actually paid out by him, and when audited and certified by the board of police, shall be presented to the board of supervisors of the county chargeable therewith, to be audited and paid as other county expenses are audited and paid.
Ante, vol. 6, p. 754.
$ 7. Section twenty-six of the said act is hereby amended of appoint
so as to read as follows:
S 26. Every member of the said police force shall have
issued to him, by the said commissioners of police, a proper Written
warrant of appointment, signed by the president of the board, and countersigned by the clerk, which warrant shall contain the date of his appointment and his rank. Each patrolman
order of detail as detective,
detailed to do duty as a detective shall have issued to him a written order of such detail, signed by the superintendent and countersigned by the clerk, and the revocation of such detail shall be issued in like manner. The commissioners of police shall make suitable provisions respecting security to be given by the superintendent of police, and by the clerk and such members of the police force as may be desirable, for the faithful performance of their respective duties. Each member of the police shall take an oath of office and sub- Oath of scribe the same in a book kept for that purpose, which oath of office shall be taken before any commissioner of police, who is hereby empowered to administer the same.
Ante, vol. 6, p. 756. 3 8. Section twenty-seven of the said act is hereby amended so as to read as follows:
$ 27. All criminal processes issuing out of any police court, Criminal or from any justice residing in said police district, shall be process executed or served by a member of the said police force, and whom to be not otherwise, except in such precincts of said district where patrolmen may not have been appointed. And the said board of police conmissioners shall detail so many patrolmen as shall be necessary, and as the sheriff of Erie county shall require, to attend all the terms of the superior court of Buffalo; and no constable or deputy sheriff shall hereafter attend said court, or be paid by the city or county for any services in said court. The necessary expenses incurred in. the execution of criminal process within the said city and county, shall be a charge against said county.
Ante, vol. 6, p. 756. $ 9. Section twenty-eight of said act is hereby amended so as to read as follows:
$ 28. The board of commissioners of police shall, on the Justices to first Monday of May next and on the first Monday of Janu-tices to the ary next, and annually thereafter, designate and appoint from police, &c. the acting justices of the peace elected in the city of Buffalo, not to exceed three justices, to the police, for the trial and disposition of cases, the same as justices to the police now act under the law hereby amended, and the said board of commissioners may in like manner designate and appoint from the acting civil justices of the peace, elected in the towns and villages without the limits of the city of Buffalo and included within the territory of the Niagara frontier police district, not exceeding three, to serve as justices at the several police stations without the limits of said city, on the trial and disposition of cases in like manner, the same to be possessed of the same powers as the watch-house justices possessed under the charter of the city of Buffalo at the time of the passage of the act hereby amended. And all the justices appointed under this act shall be known as "justices to
Salaries of said justices.
the police,” who shall execute bonds with sufficient surety, to be approved by said commissioners, for the faithful performance of duty and for the accounting of fines and penalties by them, in such sum as may be required by said commissioners. The salaries of the said justices shall be fixed before appointment by said commissioners, at a sum not exceeding eight hundred dollars annually, for services in attending at station house as numbered one at present, and not exceeding four hundred dollars annually for services in attending at each other station house and sub-station house within the
city of Buffalo, and not exceeding two hundred dollars each per year for those serving without the limits of the said city and within the territory of the Niagara frontier police district; and such salaries shall be paid monthly, and shall not be increased or diminished during his or their continuance in office.
Any of the said justices to the police may be removed by the movable county court on charges, in the same manner as justices of
the peace; and all fines imposed by any of said justices to the police, collected by them or otherwise, shall be paid over every week to the treasurer of the board of police. In case of the absence or inability of either of such justices to the police to perform his duties, the said board may in like manper temporarily appoint some other of such justices of the peace to perform bis duties under this act.
Ante, vol. 6, p. 756. $ 10. Section fifty-two of the said act is hereby amended
so as to read as follows: Salary of
$ 52. The commissioners of police shall each receive an
annual salary of two thousand dollars; the clerk of police sioners,
shall receive an annual salary of fifteen hundred dollars; the superintendent of police shall receive an annual salary of two thousand five hundred dollars; each captain of police shall receive an annual salary of twelve hundred dollars; each doorman shall receive an annual salary of eight hundred dollars; and each patrolman shall receive an annual salary of nine hundred dollars, with the additional salary herein before provided when detailed to detective duty; the surgeon to the police shall receive an annual salary not to exceed five hundred dollars. For any captain of police, patrolman and doorman within the said police district, and for the said surgeon
to the police, the board of commissioners may fix the salary When pay. at a less sum in their discretion. All of said salaries shall be
paid monthly to each person entitled thereto, in modes to be prescribed by the rules and regulations of the board, subject to such deductions each month from the salary or pay of the members of said police force as the treasurer shall make, as he is hereby authorized to make and retain in the fund, to satisfy fines imposed on any member of said force by way of discipline or punishment, and as prescribed by the rules and regulations of said board.
Ante, vol. 6, p. 766.
clerk, superintendent, &c.
$11. The said board of commissioners shall be and consti- Commig. tute the board of commissioners of excise in and for the ter police to be ritory included within the Niagara frontier police district, sioners of except such part thereof for which the quota of patrolmen excise for has not been determined upon and appointed pursuant to the trict, &c. provisions of section seven of chapter four hundred and eighty-four of the laws of eighteen hundred and sixty-six, and shall possess all the powers in and for the said police district, except as above, heretofore possessed by the board of commissioners of excise of the county of Erie; and on and after the passage of this act all the powers and duties of the said board of commissioners of excise of the county of Erie, so far as the same relate to or may be exercised within the Niagara frontier police district, except as above, shall cease and determine. The said commissioners of police shall No pay
therefor. receive no compensation as a board of excise. Whenever any territory in said police district, without the city of Buffalo, sball, pursuant to the provisions of section seven of chapter four hundred and eighty-four of the laws of eighteen hundred and sisty-six, determine upon its quota of patrolmen, and such patrolmen shall be thereupon duly appointed therefor, from then and thenceforth such last-named territory shall not be excepted from the effect and operation of the said section eleven, and of the other sections of this act relating to excise, but the same sball take effect and apply to it in all respects as to the territory for which the quota of patrolmen is now determined.
Ante, vol. 6, p. 750. $ 12. From and after the first day of April, eighteen hun-No one to
, dred and sixty-seven, no person or persons shall, within the under caves said police district, where the quota of patrolmen shall be alhoat determined or appointed, publicly keep or sell, give away or dispose of any strong or spirituous liquors, wines, ale or beer in quantities less than five gallons at a time, unless he or they may be licensed pursuant to the provisions of this act, and may be permitted by it, except such persons as have licenses beretofore granted by the said board of commissioners of excise of the county of Erie, during the present unexpired term of their respective licenses, and no longer.
$ 13. The said commissioners of police shall at any time, To whom subject to the provisions hereinafter pamed, bave power to may be grant licenses to any person or persons of good moral charac-granted. ter, and who shall be approved by them, permitting bim or them, or his or their assigns, when approved by the board, for one year from the time the same shall be granted, to sell or dispose of, at one named place within said district, where the quota of patrolmen shall be determined or appointed, strong and spirituous liquors, wine, ale and beer, or any one or more of them, in quantities less than five gallons at a time, upon receiving a license fee, to be fixed in their discretion not Teensor
contents of license.
less than thirty dollars and not more than two hundred and
fifty dollars. Form and $ 14. Such licenses shall be in the form of a written or
printed certificate, stating the name of the person or persons to whom granted and describing the place where the business authorized by the license is to be carried on; such license shall be signed as the said board shall provide and direct, and shall be kept posted, by the person or persons licensed, in a conspicuous position in the room or place where such sale or disposal is made, and shall be exhibited at all times by the person or persons licensed or by the person acting under such license, on demand, to any member of said police force. Any omission so to display and exhibit the said certificate shall be presumptive evidence that such person or persons has and
have no license. Petition for
$ 15. Such licenses shall only be granted on the written petition to the said board of police, signed by the applicant or applicants, specifying the place where the business is to be carried on for which license is asked, and the names of the applicants and of every person interested, or to be interested in the business which the license shall authorize, the truth of which petition shall be verified by the affidavit of the applicant. Such license shall not be transferable except by the written approval of said board indorsed upon the same, to be evidenced by a certificate thereof signed in the same manner as the original licenses are required to be signed ; and no person, other than the party authorized by the terms of the license, shall be entitled to carry on business under it, unless such approval shall first have been made. Such transfer shall
not authorize the business licensed to be carried on at any Report to place other than that named in the license. The said board council of of commissioners shall report to the common council of the number of city of Buffalo, semi-annually, on each first day of January that city, and July, the number of licenses granted by thein to persous
within said city during the preceding six months, to whom granted, the date of such license, the amount of the license received, and the place where the business is to be carried on.
$ 16. The said board of commissioners shall keep a complete persons licensed, &c. record of names of all persons licensed as herein provided,
and of the place where the business licensed is to be carried on, and the license fee imposed and paid in each case, which record shall at all times be kept by them at their head
quarters in said district, and be open to public inspection. Violation of S 17. Every person who shall violate any of the foregoing precions provisions of sections twelve, thirteen, fourteen, fifteen or misdemean-sixteen of this act, shall for each offense be guilty of a misde
meanor, and on conviction thereof shall be punished by a fine not less than thirty dollars nor more than one hundred dollars, or by imprisonment for not more than three months, or by both such fine and imprisonment.