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 Governor of the State, upon the condition of the Metropolitan Police within the said Metropolitan Police District.

§ 40. The Superintendent of the Metropolitan Police and each Captain of Police, within his precinct, shall possess powers of general police supervision and inspection, over all licensed and unlicensed pawnbrokers, venders, junk-shop keepers, junk-boatmen, cartmen, dealers in secondhand merchandise, intelligence-office keepers, and auctioneers, within the said Metropolitan Police District; and in the exercise of, and in the 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, or evidence to convict any person charged with crime, to examine the books of any pawnbrokers, or his business premises, or the business premises of any licensed vender, or licensed junk-shop keeper, or dealer in secondhand 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 of law. Any willful interference with the said Superintendent or Captains of Police, or with any member of the Metropolitan Police force, by any of the persons hereinbefore named in this section, whilst in official discharge of duty, shall be punished as a misde

meanor.

§ 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 common gaming-house, common gaming-room, or common gamingpremises, for therein playing for wagers of money at any game of chance, or to be kept or used for lewd and obscene purposes and 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 the said Superintendent of the Metropolitan Police force to cause such arrested person to be vigorously prosecuted, and such articles seized to be destroyed as the orders, rules and regulations of the Board of Police shall direct.

§ 42. It shall not be lawful for any person to sell or dispose of any intoxicating liquors, upon the first day of the 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.

§ 43. It shall be a misdemeanor, punishable by imprisonment in the county jail, or, in the city and county of New York, in the penitentiary, for not less than one year, nor exceeding two years, or by a fine of 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 member of the police force to willfully neglect making any arrests 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," or upon any day or time to have, use, wear, or display, without authority, any shield, buttons, wreaths, numbers, or other insignia or emblem, such as are worn by the Metropolitan Police.

§ 44 The Board of Metropolitan Police shall cause to be kept books of records of the police force, of persons arrested for offenses, of complaints against policemen, and the judgments of the Board thereupon, of time lost by patrolmen, of accounts of the Treasurer showing the amount of moneys received and expended, and for what purpose expended, of proceedings of the Board, of suspected persons and places, of transactions by the Sanitary Company, and of the Property Clerk and telegraph office, and all such other books and records in and for the Central Department, and in and for the several station-houses, as shall be required by the business of the department.

§ 45. Every member of the Metropolitan Police force shall have issued to him, by the Board of Metropolitan Police, a proper warrant of appointment, signed by the President of the said Board, and Chief Clerk or First Deputy, which warrant shall contain the date of his appointment and his rank.

§ 46. The Board of Metropolitan Police shall make suitable provisions respecting security, to be entered into by the Superintendent of Police force, and by the Inspectors and Captains 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 before an officer of Metropolitan Police, who is empowered to administer an oath.

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

§ 48. Said Board shall, in and for each of the said cities, appoint all poll clerks provided for by law, and such poll clerks shall be clerks to the Inspectors and to the Canvassers; and it shall be their duty to keep and preserve the original tallies, and return the same to the Commissioners of Police within twenty-four hours after the canvass is completed, and the said Commissioners of Police shall, in and for the said cities, provide ballot-boxes for use, at general, special and charter elections, and retain the custody of said boxes, except during the taking, receiving, and counting the votes. Said cities respectively to pay the cost of such ballot-boxes, and the expenses of labels therefor, and moving, handling, and repairing the same.

§ 49. It shall not be lawful for any person or persons to erect, maintain, occupy, or have any booth, box, or structure for the distribution of ballots at any election, within one hundred and fifty feet of any polling place, and it shall be the duty of the police force, or any member thereof, to prevent any booth, or box, or structure for the distribution of tickets at any election, from being erected or maintained within one hundred and fifty feet of any polling place within the cities aforesaid, and to summarily remove any such booth, box, or structure, or close and prevent the use thereof.

§ 50. 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 Commissioners shall detail so many patrolmen as shall be necessary to attend all courts transacting criminal business in said city, and no constables 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.

§ 51. It shall be the duty of the Board of Metropolitan Police to set apart a Metropolitan Sanitary Police Company, and appoint a captain and sergeants, not exceeding four of said company, and to assign to said company such special powers and duties, by the orders, rules, and regulations, as may be publicly advantageous.

§ 52. The Metropolitan Sanitary Company is hereby empowered, under such distribution of power and duty as may be made by the rules and regulations, to visit and make inspection of all ferry-boats, manufactories, slaughter-houses, tenement-houses, hotels, and boarding-houses, and edifices suspected of, or charged with, being unsafe, and to take all necessary legal measures for promoting the public peace, security of life or health, upon or in said boats, manufactories, houses, and edifices,

and to make report of inspection 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, tenementhouse, or edifice is in a condition, or is maintained in a manner, prejudicial to the lives or health of the public, it shall cause complaint to be made, founded upon such report, before any magistrate of the Metropolitan Police District, who shall, upon such complaint made under oath, issue his proper warrant, in the name of the people of the State of New York, for arrest of the person in charge of the ferry-boat, manufactory, slaughter-house, tenement-house, and edifice, to be brought before such magistrate, and the complaint to 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 is founded on reasonable and probable cause, he may, by his order in writing, command any such ferry-boat to cease running, and such edifice to be closed, or any business in such manufactory or slaughter-house to cease until the cause of complaint aforesaid, if found to be well founded, shall be removed to the satisfaction of the Board of Metropolitan Police. Whereupon it shall be the duty of the police to enforce the order of such magistrate.

§§ 53, 54. Whenever the Captain of the Sanitary Company shall report to the Board of Police that any premises, or any part of any premises, in any precinct, is in a filthy condition, or in a condition dangerous to health, the Board may cause notice to be given to the owner thereof, or his agent in charge of the property, or to the occupant thereof, to cleanse the same within three days. If the premises are not cleaned at the expiration of the said three days, the Board of Police may order and employ any person to cleanse the same, whereupon the person so ordered shall have power to enter upon and cleanse said premises; and the person so cleansing the premises in pursuance of said order shall maintain an action against the owner of the premises so cleansed, for the services su rendered and expense incurred in such cleansing, in the same court, in the same manner, and with like effect as if the owner of said premises had himself employed the said person to cleanse the said premises. All acts of the Board of Metropolitan Police done under the fifty-second and fifty-third sections of this act shall be deemed and held to be judicial acts.

§ 55. The duties of the police surgeons, and the extent and bounds of their districts, shall be assigned, from time to time, by the orders, rules, and regulations of the Board of Police, and, upon taking the oath of office, they shall be members of the police force.

§ 56. The Board of Metropolitan Police shall have power to erect, operate and maintain, under the general laws of the 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.

§ 57. The necessary expenses incurred in the execution of criminal process within the said "The Metropolitan Police District," shall be a county charge only against the county from which the said process issued.

§ 58. It is hereby declared to be the duty of the Common Councils of the cities of New York and Brooklyn, respectively, 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 vagrant 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 said Board of Metropolitan Police, to provide accommodation as aforesaid, or station-houses, which, in the opinion of the said Board, are suitable, or to put the said station-houses in due repairs, then the said Board may make their own provisions by contract, of leasing, or hiring, or repairing premises, and such contracts shall be a proper charge and debt against the said city, the Common Council of which so neglected or refused to make provision in manner and form aforesaid.

§ 59. The accommodations required for the police purposes 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.

§ 60. The Commissioners of Metropolitan Police, and the Comptrollers of the cities of New York and Brooklyn, convened as a Board of Estimate and Apportionment, shall annually, on or before the first day of July, make up a financial estimate of the sums required annually for expenses in the execution of criminal process, supplying for the fitting up, warming, lighting, supplying, cleansing, and furnishing police station-houses and the house for the detention of witnesses, and for alterations in, additions to, and repairs of the same, and for office accommodation, and advertising, printing, binding, 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 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