TITLE XI. Penalty for violence upon elector on election day. take into custody any person who shall commit or threaten, or attempt to commit, in the presence of such member, or within his view, any breach of the peace, or offense directly prohibited by the act of the legislature, or by any ordinance of the city of Brooklyn; but such member of the police force shall, under the penalty of ten days' fine or dismissal from the force, in the discretion of the board, immediately upon such arrest, convey such offender before a magistrate of the city of Brooklyn, that he might be dealt with according to law. If the arrest is made during the hours the magistrate does not regularly hold court, or if the magistrate is not holding court, such offender shall be detained in a station-house until the next public sitting of the magistrate, and no longer, and shall then be conveyed, without delay, before the magistrate, to be dealt with according to law. § 28. It shall be a misdemeanor, punishable by imprisusing personal onment in the Kings county penitentiary, for not less than one year and not 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 incite any other person to use personal violence upon any elector, on any election day, in the city of Brooklyn, or upon any member of the police force thereof, when in the discharge, of his duty, or of any member of the police force to willfully neglect making any arrest for an offense against the law of this State, or ordinance in force in the said city, 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 said police. Letting to bail on Sunday. Superior member of § 29. Any person arrested by the police may be taken before a magistrate on Sunday, at the usual place of holding his court, for the purpose of being bailed in proper cases until the next public sitting of such magistrate, then to be taken before him to be dealt with according to law. § 30. In every case of arrest by any member of the said police force, the same shall be made known immediately to his superior 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 superior, within twenty-four hours after such notice, to make written returns thereof, according to the rules and regulations of the said department, with the name of the party arrested, the alleged offense, the time and place of arrest, and the place of detention. TILE XI. $31. No person holding office under this title shall be liable to military or jury duty, or to arrest on civil process, Exemptions nor to service of subpoena from civil courts while actually from jury duty, on duty. etc. reports to be § 32. The superintendent of police shall make to the Superintendent board, quarterly reports in writing of the state of the said made by. police force of the city of Brooklyn, with such statistics and suggestions as he may deem advisable to submit, for the improvement of the police government and discipline of the said force. § 33. The said board shall cause to be kept books of record of the police force, of persons arrested for offenses, of complaints against policemen, and the judgment of the board thereupon, of time lost by patrolmen, of accounts of moneys received and expended, and for what purpose expended, of proceedings of the department, of suspected persons and places, and of the property placed in his charge, and of telegraph office, and all such other books and records in and for the department, and in and for the several station-houses, as shall be required by the business of the department. Board, records to be kept by. § 34. Every member of the police force shall have issued Warrant of to him by the president of the department a proper warrant appointment. of appointment, signed by the said president and chief clerk or first deputy, which warrant shall contain the date of his appointment and his rank. 35. The common council shall make suitable provis-Security. ious respecting security to be entered into by the members of said board and officers and employees of said department, for the faithful performance of their respective duties. Each member of the police force and employees of the department shall take an oath of office and subscribe the same before an officer of said police who is empowered to administer an oath. Official oath. election poll. § 36. It shall be the duty of the board to detail on each Detail to each day of election within the city of Brooklyn, at least two patrolmen to each election poll. 837. The said board shall take charge of and distribute all 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. Distribution of ballots when § 38. It shall not be lawful for any person or persons to Distribution of erect, maintain, occupy or have any booth, box or structure, lawful. 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 members 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 city aforesaid, and to summarily remove any such booth, box or structure, or close and prevent the use thereof. § 39. 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 depart ment. § 40. All fines imposed by the board upon members of the police force by way of discipline, and collected from pay or salary, and all rewards, fees, proceeds of gifts, and emoluments, that may be paid and given for account of extraordinary services of any member of the police force (except when allowed to be retained by said member), and all moneys remaining for the space of one year in the hands of the board, or arising from the sale of unclaimed goods, and all proceeds of suits or penalties under the act hereby amended, shall be deposited and paid into the treasury. The payments so made shall constitute and be kept as a fund to be called the "police life insurance fund" and the said president of the said department and the commission ers of the sinking fund are hereby declared to be the trustees of the said fund, and they shall have power, and it shall be their duty, from time to time, to invest the same, in whole or in part, as they shall deem most advantageous for the objects of said fund; and they are empowered to make all necessary contracts and take all necessary remedies in the premises. § 41. Any member of the police force who shall, while in the actual performance of duty, and by reason of such performance of duty, and without fault or misconduct on his part, become permanently disabled, physically or mentally, so as to be unfit to perform police duty; and any such member, who shall, after ten years of membership, become superannuated by age, or rendered incapable of performing police duty by disease contracted without misconduct on his part, may be placed on the pension roll of the police life insurance fund, and granted and paid a pension of not exceeding three hundred dollars per year, from the said fund. If any member of the police force, while in the actual discharge of police duty, shall be killed or shall die from the effect of any injury received by him while in the actual discharge of said duty, or shall die after ten continuous years of service in the force (such death not being caused by misconduct on his part), leaving a widow, the name of such widow may be placed on such pension roll, and a like pension granted and paid to her from said fund, so long as she remains unmarried. If such member, dying as aforesaid, shall leave any minor child or children, but no widow (or if a widow, then after her death), the name or names of such child or children, under the age of eighteen years, may be placed on said pension roll, and a pension from said fund granted and paid to such child or children; if more than one, to be divided equally between them; such pension or share of pension to cease on the said child or children respectively, arriving at the age of eighteen years, or whenever earlier discontinued by order of the board. In every case, the board shall determine the circumstances thereof, and order payment of the pension to be made by draft, signed as the said trustees shall direct; but nothing herein contained shall render any payment of said pension obligatory upon said board or the said trustees, or chargeable, as a matter of legal right, upon the said police. life insurance fund. The board, in its discretion, may at any time, order such pension, or any part thereof, to cease. Pensions existing at the date of this act may be modified and increased in pursuance of the provisions of this section. TITLE XI. custody of. § 42. All property or money alleged or supposed to have Stolen property, been feloniously obtained, or which shall be lost or abandoned, and which shall be thereafter taken into custody of any member of the police force, or which shall come into the custody of any police justice, shall be by such member or justice given in to the custody of and kept by the board; and all such property and money shall be particularly registered in a book kept for that purpose, which shall contain, also, a record of the names of the persons from whom such property or money was taken, the names of all claimants thereto, the time of the seizure and any final disposition of such property or money. delivered to § 43. Whenever property or money shall be taken from When to be persons arrested, and shall be alleged to have been feloni- accused person. ously obtained, or to be the proceeds of crime, and whenever so brought, with such claimant and person arrested, before some magistrate for adjudication, and the magistrate shall be then and there satisfied from evidence that the person arrested is innocent of the offence alleged, and that the property rightfully belongs to him, then said magistrate may thereupon, in writing, order such property or money to be returned, and the board shall deliver such property or money to the accused person himself, and not the attorney, agent or clerk of such accused person. TITLE XI. When to remain in custody of board. Property to be registered and advertised. Perishable property to be sold. When to be delivered to officer to be used in evidence. Ordinances, enforcement of. 844. If any claim to the ownership of such property or money shall be made on oath before the magistrate, by or in behalf of any other persons than the persons arrested, and the said accused persons shall be held for trial or examination, such property or money, or so much thereof as may, in the judgment of the district attorney, be necessary, shall remain in the custody of the board, until the discharge or conviction of the person accused. § 45. All property or money taken on suspicion of having been feloniously obtained, or being the proceeds of crime, and for which there is no other claimant than the person from whom such property was taken, and all lost property coming into possession of any member of said police force, and all property and money taken from pawnbrokers as the proceeds of crime, or by any such member from persons supposed to be insane, intoxicated or otherwise incapable of taking care of themselves, shall be transmitted as soon as practicable to the board, to be duly registered and advertised, for the benefit of all parties interested, and for the information of the public as to the amount and disposition of the property so taken into custody by the police. § 46. All of said property that shall be determined by the board to be perishable shall be sold at public auction, after having been advertised for three consecutive days in a corporation newspaper, and all of said property not determined by said board to be perishable shall be so advertised and sold after the same has remained in its custody for the period of six months, without any lawful claimant thereto; and the proceeds of the sale of said perishable property after the expiration of six months from the sale, so remaining unclaimed, with the proceeds of the sale of said other property immediately after its sale, together with any money remaining in its custody unclaimed for six months, shall be paid into the police life insurance fund. § 47. If any property or money placed in the custody of the board shall be desired as evidence in any police or other criminal court, such property shall be delivered to any officer, who shall present an order to that effect from such court; such property, however, shall not be retained in said court, but shall be returned to said board to be disposed of as hereinbefore provided. § 48. The board shall, at all times, cause the ordinances of the city of Brooklyn, not in conflict with the provisions herein contained, to be properly enforced; and it shall be its duty at all times, whenever consistent with the rules and |