by the said commissioner, by name, to accompany him or them, and, if necessary, to use force for the purpose of effecting such entry, whether by breaking open doors or otherwise, and to take into custody all persons who shall be found therein, and destroy all implements of gaming found therein, and forthwith to convey the said persons before any magistrate of the district, who shall forthwith proceed to hear the proof whether or no any of such persons were in such premises for the purpose of gaming; and if there shall be probable cause for believing that any of such persons were so in such premises for the purpose of gaming, then the said magistrate shall forthwith order, by due commitment, auy of the said persons to find good bail, with two householders of the Metropolitan Police District as his sureties, conditioned for his appearance at the proper criminal court of the county wherein the said premises are situated, having jurisdiction to try misdemeanors, either at the term thereof then in being, or at the next term thereof, to answer any indictment which may be found thereat charging him with being in the said premises as a common gambler, or in default thereof, the said magistrate shall commit to the common jail or city prison of the county for such trial. The said magistrate shall immediately send the proofs in writing to the District Attorney of the county, whose duty it shall be, in preference to any other case in his office of prosecution for any offence, to lay the same before the grand jury of the county, and upon indictment being thereupon found, to immediately try the same in preference to every other case, subject to the discretion of the court. It shall be sufficient in the said indictment to charge that the defendant, (naming him.) upon a day certain, and at an hour certain, was arrested within a common gaming house and is a common gambler. If the jury are satisfied that the premises in which he was arrested, was kept for purposes of gaming, and that he was present for the purpose of gaming, then the said defendant may be convicted as a common gambler. If convicted as such common gambler, then the court shall forthwith sentence him as for a misdemeanor, to an imprisonment not less than ten days in the jail of the county, or penitentiary not exceeding one year, and at hard labor therein, or to a fine not less than two hundred and fifty dollars, nor more than one thousand dollars. The phrase "purposes of gaming" in this section, shall be taken to mean any purpose of playing for wagers of money at any game of chance, by whatsoever name the same shall be known. If the said implements of gaming seized shall have annexed to the same any thing of value, apart from their value as such implements, the said thing of value so annexed to the implements ordered to be destroyed, shall be returned to the owner thereof.

§ 10. It is hereby made the duty of the board of police, for more effectually distributing and enforcing its police government and discipline, to divide the said, "The Metropolitan Police Districts," into precincts, not exceeding forty, and without regard to county or ward boundaries, and to assign one inspector or captain of police, and four sergeants of police to each of said precincts. The board may, from time to time, establish a station or sub-stations, in each precinct, for the accommodation of the police force on duty therein. It may, from, time to time, detail and change, without regard to, or limitation of, residence, inspectors or captains, sergeants and patrolmen and doormen, to such parts of

the district, rivers, creeks and harbors therein, or to such of the police and criminal courts, and to the public offices of the government of the cities of New York and Brooklyn and the quarantine, and emigration offices as it may deem advisable. It shall not suspend members of the police force from pay for more than thirty days. It shall promulgate all regulations and orders through the general superintendent of police, who shall take the place of the Mayor of the city of New York and of the city of Brooklyn, as being the head of the Police Department or force of the said cities, but always subject to the orders and regulations of the board of police; and it shall be the duty of the police force to respect and obey the said general superintendent of police as the head and chief of the same, subject to the rules and regulations and general orders of the Board of Police.

§ 11. The Board of Police, whenever it shall see fit, shall, on the application of any person or persons, showing the necessity thereof, appoint and swear any additional number of patrolmen, to do duty at any place within "The Metropolitan Police District," at the charge and expense of the person or persons by whom the application shall be made; (but not to exceed the yearly sum provided for patrolmen of the force, provided by this act as the general police force.) and the patrolmen so appointed shall be subject to the orders of the Board of Police, and shall obey the rules and regulations of the Board, and conform to its general discipline, and to such other special regulations as may be made, and shall wear such dress or emblem, as the board may direct, and shall, during the term of their holding appointment, possess all the powers, privileges and duties of the patrol force, heretofore prescribed. The persons so appointed may be removed at any time by the Board of Police, without assigning cause thereof, upon one month's notice of the intention so to do, given to the person or persons who applied for the appointment as aforesaid. The Board of Police may also, upon any emergency, of riot, pestilence, invasion, or during any day of public election or celebration, appoint as many special patrolmen, without pay, from among the citizens as it may deem advisable, and for a specified time, and during the term of service of any such special patrolman, he shall possess all the powers and privileges, and perform all the duties of the patrolmen of the standing police force of the district, but the Board of Police, in making such appointments, shall in no way interfere with the force of the lawful command of the sheriffs of counties, as now provided for by law, and such special patrol shall wear any emblem to be prescribed by the Police Commissioners.

§ 12. No member of the police force, under penalty of forfeiting the pay which may be due to him, shall withdraw or resign from the police force, unless he shall have given one month's notice thereof, in writing, to the general superintendent of police, and no person who shall ever have been removed from the police force established by this act, for cause, shall be reappointed by the Board of Police to any office in the said police force.

§ 13. All stolen property, taken by members of the police force, shall be kept in a place, and by a person to be designated by the Board of Police. Every such article of property shall be entered in a book kept for the purpose, together with the name of the owner, if ascertained, and the name of the place where

found, and of the person from whom taken, with the general circumstances, and the date of its receipt, and the name of the officer recovering the same. The Board of Police shall also cause to be kept general complaint books, in which shall be entered every complaint, preferred upon personal knowledge of the circumstance thereof, with the name and residence of the complainant. It shall also cause to be kept books for the registry of lost, missing or stolen property, for the general convenience of the public and of the police force of the district. It shall also cause to be kept a book of records of "The Metropolitan Police District," wherein shall be entered the name of every member of the police force, with his time and place of nativity, the time and place when he became a citizen, if he was born out of the United States, his age, his former occupation, number of family and residence thereof, the date of appointment or dismissal from office, with the cause of the latter. And in every such record, sufficient space shall be left against all such entries wherein to make record of the number of arrests made by such member of the police force or of any special services deemed meritorious by the inspectors or captains of police. It shall also cause to be kept in proper books, the accounts of the treasurer of the Board, and number of the several meetings thereof, and all receipts for moneys or warrants or checks for moneys, shall be written in books kept for the purpose, and the said receipts signed by the person or persons in every case receiving money, warrants, or checks from the treasurer. All such books shall be, at all business hours, and when not in actual use, open to public inspection. The Board of Police shall also cause to be kept and bound all police returns and reports of the districts.

§ 14. It shall be the duty of the Common Councils of the cities of New York and Brooklyn respectively, in accordance with the practice and ordinances now existing therein, 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 Police for the accommodation of the police force of such precincts; for the lodging of vagrants and disorderly persons, and for the temporary detention of persons arrested for offences. It shall also be the duty of the said Common Councils respectively to furnish the same suitably, and to warm and light the same by day and night. In case the said Common Councils or either of them neglect or refuse so to do, after having been thereto requested by the Board of Police, then the said Board may make their own provisions in the premises, and the same, when made, shall become a proper charge and debt for the expenses and disbursement thereof against the said city or cities, whose Common Council has so neglected or refused to make provision as aforesaid. The accommodations required in the counties of Richmond and Westchester, and in the county town of Kings county, respectively, shall be those ordinarily made and used therein by the criminal authorities, of each town or village therein; and so far as the detention of persons under arrest, is concerned, the same shall be lawful in any part of the said "Metropolitan Police District," without regard to county lines therein, on direction to that effect by any inspector or captain of police; and in every case of arrest the same shall be made known, within six hours thereafter, to the

inspector or captain upon duty, in the precinct wherein the arrest was made by the person making the same, and it shall be the duty of the said inspector, within twelve hours after such notice, to make written return thereof, according to the rules and regulations of the Board of Police, together with the name of the party arrested, the offence, the place of arrest and the place of detention. The Board of Police shall provide suitable accommodation 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, in committing witnesses, to have regard to the rules and regulations of the Board of Police in respect to their detention.

§ 15. All telegraphic apparatus, public police property, books, records and accoutrements, now in the possession of the Police Departments of Brooklyn and New York, are hereby given for the use, (at the proper places, within the county of Kings and Brooklyn, not to be removed from the county wherein now used,) of the Board of Police herein authorized; but the ownership of the same, and the use thereof, as aforesaid, shall be according to the ordinances which the Common Council of the cities in which the said property is situated, have enacted or may hereafter enact. The Board of Police shall have power to enact and maintain, under the general laws of the state, relating to the telegraph lines, all such lines of telegraph in such places within the said district, as for purposes of police the Board shall deem necessary.

§ 16. 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.

§17. The constables elected by the electors within the counties of Westchester and Richmond, and in the county town of Kings, shall possess all the powers conferred by this act upon patrolmen of the police force. The Board of Supervisors in each of the said last-mentioned counties, and the Supervisors of the county town of Kings, in board assembled, may call upon the Board of Police to appoint for duty, within the precincts of which the said county shall be a part, as many additional inspectors or captains, sergeants and patrolmen, as it shall enumerate and describe, upon appropriations to the police fund, the necessary expenses and salaries to be incurred thereby. Any of the village or town authorities within the said counties respectively, may also make such demand upon the Board of Police, upon making the like provisions of pay; and it shall be the duty of the Board of Police to appoint such officers, who shall thereafter become regular members of the police force of the district, and subject to all the rules and regulations of the Board, discharge the duty and possess powers and privileges as such members. The Supervisors of the counties of Richmond, Westchester and Kings are hereby authorized, from time to time, to levy and raise by tax upon the real and personal property taxable within each county, such sum or sums of money as may be required to carry into effect the provisions of this section, or the police purposes of this act.

§ 18. No person holding office under this act shall be liable to military or jury

duty, nor to arrest, on a civil process, or to service of subpoena from civil courts, whilst actually on duty.

§ 19. The health officer of the port of New York shall have power, at all times, to call upon any of the police force of the district, to a number not exceeding ten, to aid him upon any necessary emergency, in enforcing the powers and duties conferred upon his office by law, and it shall thereupon become the duty of any such member of the police force, so called upon, to obey him. But such service shall not continue longer than twenty-four hours.

§ 20. The Board of Police shall, at all times, cause the ordinances of the cities of New York and Brooklyn to be properly enforced, and it shall be the duty of said Board, at all times, whenever consistent with the rules and regulations of the Board, and with the requirements of this act, to furnish all information desired, and comply with all the requests made by the Common Councils of the said cities, or by the Mayors thereof, or by the Boards of Supervisors of the counties of Westchester and Richmond and the county town of Kings. The Board of Police is hereby invested with all the powers now conferred by law upon the Mayors of New York or of Brooklyn, in respect to ordering military assistance in aid of the civil authorities, to quell riots, suppress insurrection, protect the property and preserve the public tranquillity. The Board of Police shall appoint all court clerks prescribed to the judicial districts in which police justices are elected in the city and county of New York, and it shall designate the courts at which they shall do duty respectively. The Board of Police shall have power to issue subpoenas, attested in the name of its president, to compel before it the attendance of witnesses, upon any proceeding authorized by its rules and regulations. Each Commissioner of Police, the General Superintendent of Police, and each Deputy Superintendent of Police, and the chief clerk of the Board of Police, are hereby given power to administer, take, receive and subscribe all affirmations and oaths to any witness summoned and appearing in any matter or proceeding authorized as aforesaid, or to auy depositions neces sary by the rules and regulations of the Board of Police. Any willful and corrupt false swearing by any witness or person making deposition before any of the officers last-mentioned, to any material fact in any necessary proceeding under the said rules and regulations, shall be deemed perjury, and punished in the manner now prescribed by law for such offence. The provisions of law now existing, in respect to attachment of witnesses before committees of the Common Council of New York, and to the compulsory attendance of the said witnesses to appear and testify before them, are hereby applied to the case of witnesses subpenaed before the Board of Police.

§ 21. It shall be the duty of the Board of Police to detail, on the day of any election within the cities of New York and Brooklyn, at least two patrolmen to each election poll, and shall, in and for each of the said cities, appoint all poll clerks provided for by law, and shall, in and for the said cities, provide ballotboxes for use at general, special and charter elections, and keep custody of the said boxes, except during the taking, receiving and counting of the votes. It shall not be lawful for any person to publicly keep or dispose of any intoxicating liquors upon the first day of the week, called Sunday, or upon any day of public