The New York herald., 1870-02-03

menJ the chef Olcer OF Wnlcn snail Do cAiieu lhe
Corporation Attorney" and bureau the chief
oLcer OF wnch shall be called the public Adinin-
StratOr.h
ARTICLE SEVENTH.
The Police Department.
SEC. a.. The Depai tment OF Police shall consist
Of board Of police composed OF five commis-
sloners TWO Oh whom shall be the recorder aud the
city Judge and sad BOARD shall DO toe head OF said
sEU a. There shall be TWO bureaus In this depart
ment to be known as the rlrst and second bureau.
SEC. ID. AT the head OF the first bureau snail be an
officer be called the "Chief Ol Police" who SHAH
be appointed Oy the Mayor and hold his office at The
pleasure Of said Mayor.
sRc. Al. Tue said Cnief of Police shall, subordl
police force OF the city, ana especially WIN respect
to tine designating. transferring, detailing, conIr0.
nng and maneeuyrlng % sa,d % police force: ,o,+ on.
and remove at pleasure three CLERKS, AID sna nave
tine charge OF organizing and directing detecGye
slan OF not more tnan tnlrty; which stau snail from
IIne 10 time DO selecLed, designated ana detailed
for services connected with the prompt detectioh
and aid in the punishment or crlme and In suca
mode ana manner as the Mayor may select and
nrec the sad selection 70 De OF one captain ana tile
SEC. 40. Inc ponce force Of the nrst bureau shall
be composed OF as many captains OF police sergeants
OF pohce, pairolinen and doormen OF poiice as the
Mayor, Dy ana WITH the consent OF tue Board VI
Ponce, may from time to time determine.
SEC. 81. me second bureau snail have for Its head
Q cnier officer, TO De called "lnspect0r OF Police "
ANA under hin shall De CLERKS and suDordinales
rs the Board or Police snail authorize tor his aid,
bur whose conduct and services he snail direct.
SEC. 81. In the second bureau shall bc located,
anu tnerefrOm detailed by the Inspector, the sur
geons OF police, CLERKS and telegraph OPERATORS
SEC. 81 lhe Board Vf Poilce snali appoint ana re.
move &C pleasure the captains, sergeauLs, rounds
men and d00rmen VI the nrst bureau; also all the
officers OF the second bureau nciuaing cnlef clerk,
property clerk anu deputy Clerks.
SEC. 53. fatrOimen snail be removable only after
written charges shall have been preferred against
taem ana alter the charges snail have been exam
ined iato, after sucn KIND OF notice to the person
charged, and IN such manner OF examination as the
rules and regulations and tne PROVISIONS OF this act
may prescribe.
SEC 81. Tue government ana discipline OF the
Ponce Department. IN respect TO the relltlon or the
head to and Of the suD0rdnatea TO each other
or To any superior officer snail be sucn as the board
may from time To time Dy rules and REGULATIONS pre-
SCRIBE except that the Mayor shall have enGre
troll TO prescribe the mode and manner wnicn the
CHIEF OF police the detective sran the captains tne
sergeants the roandsmen, sne patfomen anu ane
may be Oh duty. whether IN station houses or OUT
Glue OF them.
hlbited from searching any person arrested as an
Onender cxcepr he De an old offender, or Ii lntOx-
cated or cnarsea WIN rom nmu wIen any
and the captain or sergeant sha.i think the same
necessary 70 be detained IN iurtnerance oI pubic
Iustce Il shall be Immediately 10 the property
clerk " no SNAIL with The consent OF the Mayor, or
cner OF police, or inspector OF police, or any
member OF me Police Board, restore the same or
any part thereof, 70 the person from wnom 1t was
taken II In his judgment public justice does not de-
mand Its further detention. all cases OF refusal
by either OF the said ocers 10 order such rest0ra
ton the axgrieved party may appeal W the Board
Of Police, VINO may anlrm, reverse, or modify such
refusal.
SEC SO. Upon any member OF the Police Depart
ment being served win writ OF nabeas corpus the
reGurn thereto reported Dy him t0 the Mayor or the
Chief Of Police witp ali the circumstances connected
witch the imprlson ment or detention complained OF;
and no instructions Of any kind shall be laid IN the
way Of having SAID writ Of haoeas corpus take III
due course Of law.
seq ga. Every person connected with the Metro
ftenartmeQt the this act shall
take effect except the superintendent and inspectors
thereof, and designated TO DO duty In tine city Of
New YORK, and except as otherwise herein ordered,
snail continue In office aud be transferred by opera
ton of this act the department herein created;
aw or ,ns oce hS ~ sucn person a In Inc Me-
tropoltan Police Department, snail be the salary and
compensation fixed Tor his transferred oEice under
SEC. SO. Tho powers OF the Board OF Police as .
board shall be confined to enactng suitable rules
shs PoIsca nenartmen except the Chief to Jse re-. e.
moving Of ali such members as they have power 70
appoint; to maintaining station houses precinct
CommOaariOns and all telegraph apparatus; to con.
Gdering complaints against those whom they shall
have power to appoint ana upon such complaint
removing the persons complained Of and appoint
ing others In their place; and appointing SPECIAL
policemen to act as usners, TO ATTEND and preserve
order W places OF private or public amusement and
entertainment, whose services, however, shall not be
charged upon the city or the county treasury, but
paid by agreement between the parties applying for
such SPECIAL policemen, and such special policeman
when upon such duty, but at no other times. snail
possess 8i the privileges aud powers Of patroman
AT such places OF entertainment. But such special
policemen snail be under the direction aud control
Of the Mayor OF Chief oil Ponce.
SEC 59. All matters connected with tho detail ana
designation Of pohce officers and policemen to duty
and all orders Affecting police orcers aud policemen
IN the discharge Of tner duty shall solely emanate
from the Mayor or chlcl But such orders snail have
direct reference only to the relations OF poce on
GERS ana policemen TO each other and to the May
and to the chief; ana no ponceOrder shall be valid
which In apywse touches Inc relations OF the police
to person or properly, except az the same accord
witn the ordinances Of the Common Council or the
common law, or statntes in force in this state.
| SEC. 90. Whenever any complaint snail be pre-.
fered against police onlcer or patrolman or per-
! Ger 10 whom such complaint shall be made
| must Immediately attend with said party ccm.
plans1 OF before the Chief Of Police who
| shall Immediately inquire whether there Is
probable cause snf1icient ground for SAID com.
plainJ. II he shall determine That there s the COM
plant, under such rules and regulations as may
nave been prescribed IN reference thereto, shah be
served with notice TO attend on day designated
before clerk OF the Board OF Police, VINO shall be
| stenographer and the SAID 8tenographer shah I'm
mediately proceed to take down, verbatim, the par.
tculara OF said complaint, and whatever answer
thereto the party complained Of may alege and any
evidence that may be offered tn relation TO the COM
plaint and write the the form OF deposi.
tfons, and che same snail be sworn to before the
chief clerk or any commissioner. and when sworn
to snail be examined into by one or moro commits
be taken thereon In the name or the board, whether
TO dismiss the complaint or discipline or remove the
| offender. But, by unanimous yote OF tue board,
any complaint may be reserved for public trial be.
fore the board with presence OF counsel Tor both
| complainant and tue accused.
| SEC. u. NO person shall ever DO appointed to
membership In the police force continne hold
membership therein who II not citizen OF the
United States or who has ever been convicted Of
crime, or who cannot read ana write understands
ingy In the English language or who shall not have
resided within the State during one year next pre-
i eeding bis appointment.