1796, 82, § 2. the same powers, and shall be held and obliged to perform the 1801, 26, § 2. same duties, as are required of watchmen, by a law of this commonwealth, passed March the tenth, seventeen hundred and ninety-seven, entitled "An act for keeping watches and wards in towns, and for preventing disorders in streets and public places." ties of police 1796, 82, § 2. suppress dis disorders, &c. 19. The Act of seventeen hundred and ninety-six, chapter Powers and dueighty-two, referred to in the preceding section,' gave the power men. to direct and order a suitable watch or watches to be kept nightly, from and after nine o'clock in the evening until sunrising in the morning; and also in the daytime and evenings, when it should be thought necessary. And the watch were to be To prevent and charged "to see that all disturbances and disorders in the night turbances and be prevented and suppressed; and to examine all persons whom Ibid. they shall see walking abroad in the night after ten o'clock, and whom they shall have reason to suspect of any unlawful intention or design, of their business abroad at such season, and whither they are going; and in case they give not reasonable satisfaction therein, then to secure, by imprisonment or otherwise, all such disorderly and suspicious persons, to be safely kept until morning; then to carry them before one of the next justices of the peace to be examined, and proceeded against, according to the nature of their offences, as is by law directed. And such watchmen shall walk the rounds in and about the To walk the streets, wharves, lanes, and principal inhabited parts within such Ibid. town or district, to prevent any danger by fire, and to see that good order is kept, taking particular observation and inspection of all houses and families of evil fame, and shall strictly observe the charge to be given them as aforesaid. And each constable, when attending watch or ward, shall carry with him the usual Ibid. 1Whether the provisions of the Act of 1796, c. 2, in relation to the powers and duties of watchmen, are still in force in Boston, by virtue of the Act of 1801, c. 26, § 2, or whether the provisions of the General Statutes, c. 23, are The applicable to Boston, superseding the former enactments, — quære. Act of 1796, c. 82, is among the general laws that were repealed by the Revised Statutes, and the act establishing the Revised Statutes is repealed by the General Statutes. The provisions of the General Statutes on this subject are given, ante, pp. 463, 464, §§ 2-8. rounds. To carry his badge of office. ter pike. 1795, 82, § 4. To carry quar- badge of his office." The same act also prescribed, that whenever a watch should be appointed and agreed upon different from a constable's watch, the person appointed officer of the watch, to take the charge and command of such watch, as the badge of his office, should carry a quarter pike, with a spire on the top To carry staff. thereof; and that every watchman, as well in this as in the constable's watch, should carry a staff with a bill fastened thereon, as was usual. Ibid. Expenses of, 1801, 26, § 3. 20. The expenses that may be incurred, by reason of the &c., how raised. establishment of the watch aforesaid, shall be raised, levied, and collected, as the other expenses of said city are or may be raised, levied, or collected; any law to the contrary notwithstanding. 1821, 110, § 1. Board of aldermen may set the watch at such hour after sunset as they shall judge ex pedient. 1833, 62. See p. 14, ante. 21. Whenever the board of aldermen of the city of Boston shall establish a watch within said city, in pursuance of the pre ceding provisions, the said board of aldermen may, and they are hereby authorized to set such watch, at such hour after sunset, as they shall judge expedient; and from and after such hour, the said watch shall and may exercise all the powers given in and by the several acts aforesaid, anything in the said acts to the contrary notwithstanding. Police department to consist of whom. ORDINANCE.1 SECTION 1. The police department shall consist of a chief of police, one or more deputy chiefs of police, eight captains of March 17, 1863. police, sixteen lieutenants of police, and such number of persons as and for members of the department of the police, as the board of aldermen, with the approval of the mayor, shall deem Appointment, necessary, to be appointed by the mayor and aldermen, and to take rank in the order in which they are named; and they shall severally hold their offices until vacated by death or resignation, or until they shall be removed therefrom by the mayor; and they shall perform all the duties, and be subject to all the rules and regulations which now are, or may hereafter be prescribed rank, term of office, and powers and duties. Ibid. 1 1 An ordinance on the police, passed December 23, 1862, and an ordinance in addition thereto, passed March 17, 1863. by the ordinances of the city council, or the orders of the board March 17, 1863. of aldermen.1 when and how filled. SECT. 2. Upon the passage of this ordinance, and there- Vacancies, afterwards whenever there shall be a vacancy in any of the offices aforesaid, the mayor shall nominate to the board of alder- Ibid. men for their confirmation or rejection, persons to fill the offices aforesaid; and in the event that the board of aldermen shall reject any nominations to them as aforesaid, then, and in every such case, the mayor shall make new nominations to fill the places so vacant, within two weeks after such rejection. to be sworn. SECT. 3. Before entering upon his duties, each officer so Police officers appointed and confirmed shall be sworn to the faithful discharge Dec. 23, 1862. of the duties assigned him. his powers and Ibid. SECT. 4. The chief of police shall be the head of the de- Chief of police, partment of the Boston police, and shall have precedence and duties. entire control of the department, its officers and members, and of all constables and other officers when engaged in the service of the city. He shall devote his whole time to the municipal affairs of the city of Boston, to preserve the peace, order, and cleanliness thereof, and to this end he shall execute and enforce the special laws relating to the city, the ordinances and orders of the city council, and the orders of the mayor and of the board of aldermen. He shall take notice of all nuisances, impediments, obstructions, and defects in the streets, lanes, alleys, courts, public places and squares of the city, and shall remove the same, or take all proper measures in relation thereto, according to the laws and ordinances under the direction of the board of aldermen. of police. Ibid. SECT. 5. The chief of police shall, before entering upon the Bond of chief duties of his office, give to the treasurer of the city of Boston a bond in the sum of five thousand dollars, with sufficient sureties, in a like sum, for the faithful performance of the duties of his office. to keep records. SECT. 6. The chief of police shall keep full and complete Chief of police records of the business of the department, and for that purpose Ibid. shall nominate, in the month of February or March, annually, 1 For rules and regulations, see Supplement. Clerk. Dec. 23, 1862. Oath. to the mayor, a clerk of the department, which nomination shall be sent to the board of aldermen for confirmation, and if approved by them, the person so nominated and confirmed shall, before entering upon the duties assigned him, be sworn to the Chief of police faithful discharge of his duties, aud the chief of police shall, as often as once in three months, and at all times when specially required, make a report of the doings of his department. to make reports. Ibid. Compensation witness fee. Ibid. Fines, abate- Office of chief of police to be kept open. Ibid. Station houses cute violations of law. Ibid. SECT. 7. The chief of police and the other officers, clerk and members of the department, shall receive such compensation as the city council may from time to time determine. They shall account to the city treasurer for all fees received as witnesses on complaints or prosecutions, and in cases in which the city is a party, but when summoned and in attendance as witnesses for the government in the county of Suffolk before the grand jury or in the superior court for the transaction of criminal business, they may, when off duty, receive for their own use and without accounting to the city treasurer therefor, one attendance fee a day, and no more; and from their stated compensations shall be deducted all fines or abatements incurred for disobedience of the rules and regulations made for the government of the department as shall be therein provided. SECT. 8. The office of chief of police shall be open at all suitable times, under the direction of the board of aldermen, for the purpose of receiving complaints of the inhabitants respecting offences against the laws and ordinances. SECT. 9. The several station houses of the police shall be open at all hours of the day and night for the purpose of receiving complaints from the inhabitants respecting offences against the laws of the commonwealth and ordinances of the city, and Police to prose- the chief of police and the deputy chiefs of police shall cause proceedings to be instituted for the prosecution of violations of the laws and ordinances and attend to the trial of the same, and each member of the department shall devote his entire time to the municipal affairs of the city, the preservation of order, and To enforce the the maintenance of the peace thereof; and they shall enforce the laws of the commonwealth, the special laws and ordinances of the city of Boston, and discharge such other duties as, by special orders, they may be required to perform. laws, &c. Ibid. men may make further rules and regulations. Dec. SECT. 10. The board of aldermen may make from time to Board of aldertime such further rules and regulations for the government, disposition, and management of the Boston police, as they may c. 28, 1862. deem expedient; provided, such rules and regulations are not inconsistent with the laws of this commonwealth, or laws and ordinances of the city of Boston. night duty to do men. SECT. 11. All the duties heretofore required by the laws of Policemen on the commonwealth, or the laws and ordinances of the city of duty of watchBoston, or orders of the mayor or board of aldermen, to be to be per- Ibid. formed by watchmen, shall be performed by the policemen who are detailed for night duty. sistent ordi SECT. 12. The ordinance in relation to the police depart- Repeal of inconment, passed May nineteenth, eighteen hundred and fifty-five, nances. and all ordinances and parts of ordinances inconsistent with this March 17, 1863. ordinance, are hereby repealed. Ibid. (board of alder 1. An act for the better regulating porters employed within Selectmen the town of Boston,' passed in seventeen hundred and forty-one, men) to appoint and originally to continue for seven years, and no longer, but porter made perpetual, March the seventh, seventeen hundred and 1796, 69. ninety-seven, provided, 1 The preamble of this act was as follows: "Whereas, the trade and business managed in the town of Boston, between the inhabitants thereof and others trafficking there, occasions many persons to resort to and attend about the wharves, docks, and other parts of the town, to convey and carry goods, wares, and merchandises from place to place, some 1741, § 1. |