II. ON THEIR POWERS, DUTIES AND AUTHORITY OUT
OF THE BOARD.

I. As Justices of the Peace.

An Alderman is, ex-officio, a Justice of the Peace. (Charter, sect. 26. Supra, pa. 68. Note 40, R. R. Revised Statutes, vol. 2, 704, sect. 1.) His authority as a Justice is not confined to his ward, but exists equally in every part of the city and county.

The duties of the office of Justice of the Peace are peculiarly intrusted to the Special Justices, and I do not consider that the Aldermen are bound to bestow particular attention to the ordinary duties of that trust, though they may, whenever any one of them shall deem the occasion to require it, be in either of the Police Offices of the Special Justices, and there do every act which he shall deem requisite as a conservator of the peace. (Act of April 9, 1813, ch. 86, sct. 23— and which is still in force.)

But as the statutes dó, in many cases, mention the Aldermen as being magistrates who may be called on to exercise the authorities belonging strictly to justices of the peace, I have thought it advisable to notice the most material of those cases. At the same time, it may be observed, that the business equally, and more appropriately, belongs to the Special Justices, and I presume that ordinarily they, and they alone, are and will be called on to exercise the power.

(1.) If a complaint should be made in writing, and upon oath, under the act to prevent the commission of crimes, (R. S. vol. 2, 704, sect. 2,) or under the act Arrest of for the arrest and commitment of offenders, (Ibid, 706, sect. 2,) and the complainant should not be wil

offenders.

ling, under the circumstances, to resort to the police office, and the Alderman was not otherwise essentially engaged, it would seem to be his duty, under the strong and express injunction of the acts, to examine into the case, and take cognizance of it. The mode of proceeding has been already stated in respect to the like duties of the Mayor in the like cases, and it need not here be repeated. It would be equally his duty to act, and it would be an indispensible duty, if any person should break the peace, or threaten to do it in his presence. (R. S. vol. 2, 705, sect. 8.)

(2.) It would be the duty of the Alderman, (no matVagrants. ter of which ward) before whom any person described as a vagrant, under the act of January 23, 1833, ch. 14, should be brought for examination, and the case could not readily be turned over to the police office, to take cognizance of it. The persons coming within the description of vagrants are described, in the first section of the act referred to, and the items of the catalogue need not be here enumerated. If the Alderman shall be satisfied, by the confession of the offender, or by competent testimony, that he comes within the description of a vagrant, he is to record the conviction and commit the offender, by warrant under his hand, for any time not exceeding six months, either to the AlmsHouse, or to the Penitentiary, as the case may require.

(3.) Every Alderman is likewise required to take cognizance of cases of persons charged with violating any of the ordinances of the Common Council relative to keepers of ordinaries or victualling houses, or Violaters where fruit, oysters, clams, liquors or meats shall be. of city ordinances. sold; or of ordinances for the suppression of vice and

immorality; or of ordinances for preserving the peace and good order of the city; or relative to dirt carts, or firing of fire-arms and squibs, gunpowder, rockets or

fire-works; and of persons charged with injuring lamps, windows, fixtures, &c. (act of April 9th, 1813, ch, 86, sect. 206-act of January 23d, 1833, ch. 11.) On conviction of the offender in any of the above cases before him, by confession or proof, he is to record the conviction, and to fine, imprison or bind the party to keep the peace, or to his good behaviour, as the case may require, and the law specially prescribe. (Act of January 23d, 1833, ch. 11, sect. 1, 2, 3, 4, 5, 8, 20, 21.)

(4.) So if the offence of profane cursing and swearing be committed in the presence or hearing of any Alderman, and under such circumstances as, in his opinion, amount to a gross violation of public decency, he may, in his discretion, commit the offender, without Profane swearing. farther proof; and if the penalties and costs be not paid forthwith, he is to be committed by warrant to the common jail, for any number of offences whereof he was convicted at one and the same time, not less than one nor more than three days, in separate confinement. (R. S. vol. 1, 673, sect. 61, 62, 63. also Supra, as to the like duty in the Mayor.) (5.) If any person be intoxicated, under such circumstances as, in the opinion of the Alderman, amount to a violation of public decency, he may be committed by the magistrate, upon competent testimony, and tion. fined not exceeding five dollars, and, in default of payment, committed to prison, not exceeding five days. (Act of January 23d, 1833, ch. 11, sect. 4.)

See

Intoxica

fast.

(6.) So if any person shall drive or ride any horse through any street, lane, alley or public place, within the lamp district of the city, with greater speed than Driving at the rate of five miles an hour, he is guilty of disorderly conduct, and on conviction before the Alderman, upon confession or testimony, may be fined, not exceeding ten dollars; and in default of payment, com

mitted to prison, not exceeding ten days. (Ibid, sect. 5.) (7.) Any person guilty of the disturbance of religious meetings, may be convicted summarily before Religious the Mayor, Recorder, or any Alderman, and forfeit a meetings. sum not exceeding twenty-five dollars; and in default of payment may be committed by warrant to jail, for a term not exceeding thirty days. (R. S. vol. 1, 674, 675.) The disturbances in this case are specified in the act, and the restrictions are very various, and reach to a distance, and would be very startling if they were to be enforced in all respects to the letter of the law.

(8.) Violations of the act for the observance of Sunday, are expressly made cognisable before the Mayor, Recorder, or any Alderman, and the restricSunday. tions amounting to such violations are very specific.

Forsaken children.

They go to prohibit shooting, hunting, fowling, sporting, playing, horse-racing, gaming, frequenting tipling houses, or travelling, unless in cases of charity or necessity, or in going to or returning from some place of worship, or for medical aid, or in visiting the sick, or carrying the mail, or in removing one's family or household furniture when such removal was .commenced on some other day, or in servile labor, or working, except works of necessity and charity, or by the seventh day worshippers; and the penalty for the offence is one dollar. They prohibit, likewise, exposing to sale, goods, merchandize, fruits, herbs, &c., except meats, milk, and fish, before nine o'clock in the morning. The magistrate is authorized to proceed summarily, on complaint, or when the violation is in his presence, and the conviction when made, is final. (R. S. vol. 1, 675, 676.)

(9.) So any two Aldermen, on complaint and competent proof that any child is found in a state of want and suffering, or abandoned, or improperly exposed or

neglected by his parents, or other persons having the same in charge; or who solicits charity from door to door; or if the mother be convicted of being a common prostitute; or the parent be the keeper of a bawdy house, may commit such child to the alms house, or other suitable place, for labor and instruction. (Act of January 23d, 1833, ch. 11, sec. 18.)

These cases are mentioned, also, when treating of the powers and duties of the Mayor as a justice of the peace. But I thought it best to enumerate them again under their head, with more minuteness, even at a hazard of some repetition, as here is the place where the Aldermen would naturally look for matters relating to them as justices of the peace.

Seizing gun pow

(10.) Any two Aldermen, in conjunction with the Mayor and Recorder, are empowered to inquire into the seizure of gun powder by any fire warden or fireman during a fire or alarm of fire, and in their discretion, to order the same to be restored. And any two Aldermen, without the Mayor or Recorder, may, der. on a statement of facts on oath, affording reasonable cause of suspicion, that gun powder has been brought or kept within the city, or its harbor, contrary to law, to issue their warrant, under hand and seal, to any sheriff, marshal, constable, or other fit person, to search for the same, in the day time, and to seize the same and have conveyed within twelve hours, in the day time, to any magazine used for storing gun powder, there to be detained unless ordered to be restored by the Mayor or Recorder, and two Aldermen, as aforesaid. (Act of April 20th, 1830, ch. 291, sec. 31, 32, 33, 36.)

This power and duty as to the search warrant, is conferred also upon any two of the special justices. (Ibid, sec. 32.)

(11.) The law assumes that the Aldermen, or some