ing. clerk, and inspectors 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 take any depositions necessary to be made, under the orders, rules and regulations of the False swear-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 orders, 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 eight, eighteen hundred and fifty-five, are hereby applied to the case of any witness subpoenaed under this section. Ante, vol. 4, p. 264. Stationhouses. Rules and regulations. constables § 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 as places of temporary detention for persons arrested and property taken within the precinct. Ante, vol. 4, p. 264. § 27. The commissioners of metropolitan police, in furtherance of the police government of the said the metropolitan police district, and for the promoting and perfecting the police discipline of subordinates and officers, and of the members of the metropolitan police force, are empowered, in their discretion, to enact, modify and repeal, from time to time, orders, rules and regulations of general discipline, wherein in addition to such general provisions as may be deemed expedient by said commissioners, there may be particularly defined, enumerated and distributed, the powers and duties, and liabilities of the superintendent of police force, chief clerk, inspectors, captains of police force, clerks, surgeons, sergeants, doormen and members of the metropolitan police force; and wherein shall be declared the modes of appointment to office, and procedure of removal from office of the said superintendent and inspectors, chief clerk and the members of the metropolitan police force, and the whole manner of discipline of the said police force; provided that such by-laws, ordinances, orders, rules or regulations, and forms of and modes of procedure, shall not conflict with any of the provisions of this act, or with the constitution of the United States, or of this state. Ante, vol. 4, p. 265. Powers of § 28. The members of the police force of the said the metConferred. ropolitan police district, shall furthermore possess in 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 metroplitan 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. Ante, vol. 2, p. 730; vol. 4, p. 265. duties of the its district. 29. It is hereby made the duty of the metropolitan police Powers and force, at all times of the day and night within the said metro- force within 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, arrest all street beggars and mendicants, 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 railroad 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 emigration, or elections, or gambling, or intemperance, or lotteries, or lottery policies, or vagrants, or disorderly persons, or the public health, or any ordinance or resolutions of common councils, or town or village authorities within the said district, applicable to police, health or criminal procedure. Ante, vol. 4, p. 265. without § 30. The several members of the police force shall have power Arrests and authority to immediately arrest, without warrant, and to warrant. 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, under the penalty of ten days' fine, or dismissal from the force, in the discretion of the board, immediately upon such arrest, convey in person such offender before a magistrate of the city, village or town where the arrest is made, that he may be dealt with according to law. If the arrest is made Persons to during the hours that the magistrate does not regularly hold ately taken court, or if the magistrate is not holding court, such offender shall be detained in a station-house or precinct thereof, until the next public sitting of the magistrate, and no longer, but shall be then conveyed without delay before the magistrate, to be dealt with according to law. Ante. vol. 4, p. 266. be immedi before court. Powers of town and stables. policemen for. 32. The constables elected by the electors, within the village con- 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 metropolitan police district, shall possess all the powers conferred by this amended act, upon patrolmen of the metropolitan Additional police force. The board of supervisors in each of the said provided last mentioned counties, may call upon the board of metropolitan police to appoint for duty within the police precints of which the said county shall be a part, as many additional captains, 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, and provide and maintain station-houses for their accommodation. It shall be 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. Taxes in counties. Ante. vol. 4, p. 266. 33. The supervisors of the counties of Richmond, Westter, Kings chester, Kings and Queens, are hereby authorized and empowand Queens ered, 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, in respect to either of said counties, the fiscal provisions of this act affecting said counties or any of them. Members of force not An e. vol. 4, p. 267. § 34. No person holding office under this act shall be liable liable to civil to military or jury duty, or to arrest on civil process, nor to service of subpoenas from civil courts whilst actually on duty. process when on duty. Details to assist health officer. Returns of arrests. Detention of witnesses. Ante. vol. 4, p. 267. § 35. The board of metropolitan police, or the superintendent of police, in any emergency, shall, on application of the health officer of the port of New York, detail such number of the police force as shall be necessary to protect him in the discharge of his duties. Ante. vol. 4, p. 267. $36. In every case of arrest by any member of the metropolitan police force, the same shall be made known immediately to the superior on 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 twenty-four hours after such notice, to make written return thereof, according to the rules and regulations of the board of metropolitan police, with the name of the party arrested, the alleged offense, the time and place of arrest, and the place of detention. Ante. vol. 4, p. 267. $37. The board of metropolitan police are authorized, from time to time to contract for and to provide suitable accommo dation within the said the metropolitan police 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 to commit witnesses, in default of bail, to the custody of the police at the house of detention of witnesses, and in commiting witnesses to have regard to the rules and regulations of the board of metropolitan police in respect to their detention. Ante. vol. 4, p. 267. of offending 38. The board of metropolitan police shall have power Punishment in its discretion, on conviction of a member of the force of members. any legal offense or neglect of duty, or violation of rules, or neglect or disobedience of orders, or incapacity, or absence without leave, or any conduct injurious to the public peace or welfare, or immoral conduct, or conduct unbecoming an officer, or other breach of discipline, to punish the offending party by reprimand, forfeiting and witholding pay for a specified time, or dismissal from the force, but no more than ten days' pay shall be forfeited and withheld for any offense. A return of all fines and the disposition of the same, made under the provisions of this act, shall be made to the comptroller quarterly. Ante. vol. 4, p. 267. 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 metropolitan police shall, on or before the first Monday in December in each year, make a report in writing to the gov-report to ernor of the state, upon the condition of the metropolitan governor. police within the said metropolitan police district. Ante. vol. 4, p. 267. powers over kinds of § 40. The superintendent of metropolitan police, and each General captain of police within his precinct, shall possess powers certain of general police supervison and inspection over all licenced trade. or unlicenced pawnbrokers, venders, junk shop keepers, junk boatmen, cartmen, dealers in second-hand merchandise, intelligence - office keepers and auctioneers, 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, Searches. 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, or evidence to convict any person charged with crime, to examine the books of any pawnbroker, or his business premises, or the business premises of any licenced vender, or licenced junk shop keeper, or dealer in second-hand merchandise, or intelligence office keeper, or auctioneer, or boat of any junk boatman. Any such member of the metropolitan police, when thereto authorized in writing by the said superintendent, shall be authorized to examine property alleged to be pawned, pledged, deposited, lost or stolen, in whosesoever possession said property may be; but no such property shall be taken from the possessor thereof without due process or authority Interference 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 discharge of duty, shall be punished as a misdemeanor. with a search a misdemeanor. Suppression of gaming houses and lewd and obscene exhibitions. Ante. vol. 4, p. 267. 41. 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 metropolitan police district, to be kept or used as a com .mon 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 purposes or amusements, or the deposit or sale of lottery tickets or lottery policies, it shall be lawful for the superintendent of the metropolitan police to authorize in writing, any member or members of the police force to enter the same, who may forthwith arrest all persons there found offending against law but none others; and seize all implements of gaming, or lottery tickets, or lottery policies, and convey any person so arrested before a magistrate, and bring the articles so seized to the office of the property clerk. It shall be the duty of · said superintendent of the metropolitan police force to cause such arrested person to be rigorously prosecuted, and such articles seized to be destroyed, as the orders, rules and regu lations of the board of police shall direct. Penalty for selling liquor on days. Ante. vol. 4, p. 267. § 42. It shall not be lawful for any person to sell or dis Sunday and pose of any intoxicating liquors upon the first day of the on election week, called Sunday, or upon any day of public election, within that part of the said "the metropolitan police district," situated within the cities of New York and Brooklyn, under a penalty of fifty dollars for each offense, to be sued for and recovered in the name of the treasurer of the metropolitan police, for the benefit of the police fund. Ante. vol. 4, p. 267. |