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AN ACT

IN RELATION TO THE POLICE DEPARTMENT IN THE CITY AND

COUNTY OF NEW YORK, PASSED April 13, 1853.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ARTICLE I.

SECTION 1. The Police Department of the city of New York shall consist of the following named officers: Chief of Police, Captains of Police, Lieutenants of Police, Sergeants of Police, Policemen and Doormen; but the present Assistant Captains shall be known as Lieutenants after the passage of this bill, and shall continue to hold their offices until the expiration of the terms for which they were appointed such Assistant Captains.

§ 2. Each Ward in the city of New York shall be a patrol district. The Common Council shall provide in each patrol district suitable accommodation for the patrol for such district, to be designated "Police Station house." The patrol of each district shall consist of one Captain of Police, a First and Second Lieutenant of Police, two or more Sergeants of Police, and such a number of Policemen and Doormen as shall be apportioned to the district.

§ 3. The Chief of Police, Captains, Lieutenants and Sergeants of Police and Policemen in and for the city and county of New York, shall possess all the power now possessed by the Constables of said city and county, except that they shall not be entitled to execute civil processes.

§ 4. The Chief of Police, Captains, Lieutenants and Sergeants of Police, Policemen and Doormen, in accordance with rules and regulations prescribed in conformity to the laws of the United States, of this State, and the ordinances of the Common Council, shall watch and guard the city day and night, and protect all general and primary elections.

5. The Chief of Police, Captains, Lieutenants and Sergeants of Police, Policemen and Doormen, shall wear a suitable emblem or device to be prescribed by the Commissioners of Police.

§ 6. Captains of Police shall be dockmasters within their respective districts, and aided and assisted by the Lieutenants of Police and Policemen, shall do and perform all the duties heretofore performed by dockmasters.

7. It shall be the duty of Sergeants, Policemen and Doormen, to obey such orders as they may, from time to time, receive from the Chief of Police, Captains or Lieutenants of Police, respecting their duty; to report through the Captains and Lieutenants to the Chief of Police all violations of the Corporation ordinances, who shall report the same forthwith to the Corporation Attorney; to preserve the public peace; to render every assistance and facility to ministers, and officers of justice; to report all suspicious persons, bawdy houses, receiving shops, pawnbrokers' shops, junk shops, second-hand dealers' shops, gaming houses, all places where idlers, tiplers, gamblers, and other disorderly and suspicious persons congregate; to caution strangers and others against going into such places, and against pickpockets, watch-stuffers, droppers, mock

auctioneers, burners, and other vicious persons; to direct strangers and others to the nearest and safest way to their places of destination, and, when necessary, to cause them to be accompanied to their destination by one of the Police, and perform all other duties which shall be prescribed.

§ 8. Punctual attendance shall be required of every officer, sergeant, policeman and doorman connected with the department, on all occasions, but nothing herein contained shall be construed to prevent the Mayor from relieving Captains, Lieutenants, Sergeants, Policemen and Doormen for any period during which they may be absent from duty without permission, except in cases of absence consequent upon disease or injury contracted in the public service; and in all cases such officers, sergeants, policemen and doormen, who are absent from duty in consequence of disease and injuries contracted in the public service, shall receive full pay.

§ 9. In case of the absence of the Captain of Police, the duties required of him shall be performed by a First Lieutenant of Police, and in his absence by a Second Lieutenant, who, while acting in such capacity, shall possess and exercise the powers and rights of such captain. In case of the absence of a Lieutenant, by reason of sickness, or disability, the Captain may, with the consent of the Chief of Police, substitute a Sergeant, who shall, for the time being, possess all the powers of a Lieutenant of Police.

§ 10. Any person or persons who shall falsely represent any of the members of the Police Department of the city of New York, or who shall, with intent to deceive, use, or

imitate any of the emblems, signs, signals or devices adopted and used by the Police Department, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not less than two hundred and fifty dollars, or by imprisonment for a term not exceeding three months.

§ 11. At any alarm of fire, it shall be the duty of the Captains of Police, nearest the scene of conflagration, forthwith to proceed to the same with the reserve force of their command, to be diligent in preserving order, and protecting property. In cases of riot, or any sudden emergency requiring the services of the Police, the Captain of Police shall forthwith proceed to the scene of riot with the whole Police off duty, or any part thereof, and be vigilant in suppressing the same.

§ 12. The Mayor shall detail from the Policemen a sufficient number to attend upon and to serve the process of criminal courts in said city and county.

ARTICLE II.

§ 1. The Chief of Police shall be nominated and appointed by the Mayor, with the approval of the Board of Commissioners first named in the third article of this bill.

§ 2. He shall (subordinate to the Mayor,) be the chief executive of the Police Department, and shall obey, and cause the Police Department under him to obey the rules and regulations prescribed in accordance with the provisions of this act.

§ 3. He shall repair to the scenes of fires, and with the assistance of the police force, use every exertion to save

and protect property, and remove or cause to be removed, all idle and suspicious persons from the vicinity of the fire.

§4. He shall repair to the scenes of riots and all tumultuous or unlawful assemblages, and with the aid of the Police force, use every exertion to disperse or arrest such persons as he may find engaged in breaking the peace, or who may aid or abet others so to do.

5. He shall direct any or all of the Police force to perform such duties as he may deem necessary for the preservation of the public peace, the prevention of crime, and the discipline and efficiency of the department.

§ 6. He shall be aided and assisted by the members of the Police Department, be the Superintendent of cabs and cabmen, hackney coaches and hackney cabmen, stages and accommodation coaches or omnibuses, and their drivers, carts and cartmen, and all persons employed to drive carts through the streets and lanes of the city of New York, public porters, hand cartmen, venders of charcoal, firewood, hard coal, and boats and boatmen. He shall also be inspector of pawnbroker's shops, second-hand dealers' shops, junk shops, and intelligence offices.

§ 7. He shall, with the approval of the Board of Aldermen, appoint a clerk, who shall be known and designated as Clerk to the Chief of Police, and who shall perform all such duties as the Chief of Police shall direct.

§ 8. All vacancies in the office of the Chief of Police, shall be filled in the same manner as prescribed in section first of article second of this act.

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