same form as upon a judgment recovered in the Court of Common Pleas of said City and County, in an action of debt, in favor of the people against the persons entering into such cognizance.

§ 9. All the costs and fees to be charged for entering such judgment, and filing the necessary papers, shall be the usual fees to the Clerk for filing papers and entering rules; the District Attorney shall receive no fee or compensation for his services in the matter, his salary being deemed compensation for all such services.

10. No member of the Police Department, nor any Magistrate or Police Officer, shall receive any present or reward for services rendered, or to be rendered, unless with the knowledge and approbation of the Mayor; such approbation to be given in writing, and entered in a book to be kept in the Mayor's Office. Any Officer who shall receive any present or reward, in violation of this section, shall be guilty of a misdemeanor, and shall also be removed from office.

§ 11. In cases of offences committed in the City and County of New-York, upon persons being at the time of the offence committed in the said City and County, and being non-residents of the said City and County, either upon the person of such non-residents, or by taking or receiving from such non-residents money or property, the District Attorney may apply to any Judge of the said City and County, possessing the power of a Supreme Court Commissioner, for an order to take the testimony, de bene esse, of all witnesses in the matter being in, but not residing in said City and County; such Judge, in his discretion, may grant an order so to take such testimony, which order shall specify the length of notice of such examination that shall be given to the accused. The District Attorney shall serve upon the accused the notice so directed by such Judge; the witness shall be examined in the presence of the accused; his direct and cross-examination shall be reduced to writing in questions and answers, and shall be signed by the witness, and certified by the Judge. The examination shall, by the officer taking the same, be filed in the office of the Clerk of the Court of Sessions in the City and County of New-York, and may be used before the Grand Jury, and all Courts and tribunals having jurisdiction of the subject matter, in the same manner, and with the like effect, as the witness could be, was he personally present upon the trial of the accused; all questions may be raised to the admissibility of the testimony of the witness, and to questions and answers that could be raised to witness and his examination in open Court.

12. Such accused may, in like manner, on his part, on such notice given to the District Attorney, take the examination of non-resident witnesses, to be filed in the same office, and to be used with the like effect, subject to similar objections.

13. There shall be no costs or fees charged by any Judge or Officer, in ordering, taking, or filing such examinations, except by the First Judge, and Assistant Judges of the Court of Common Pleas, who may charge and receive the same fees now allowed by law for taking examinations of witnesses.

14. Sections four, eight, nine, ten, eleven, twelve and thirteen of Article IV. of this Act, shall take effect immediately.

15. All the other parts of this Act shall take effect whenever the Mayor and Common Council of the City of New-York, after the 15th day of May, 1844, shall, by ordinance, adopt this Act; a certified copy of such ordinance shall be sent to, and filed in the office of the Secretary of State, and a copy of the same shall be filed in the office of the Clerk of the City and County of New-York, ten days before this Act shall take effect. This Act shall not be construed as requiring the Mayor and Common Council to adopt it.

[The above includes all of the law not repealed by the provisions of the Act of 1946.]

AN ACT

To amend an act entitled "An Act for the Establishment and Regulation of the Police of the City of New-York." Passed May 7th, 1844.

Passed May 13th, 1846, by a two-thirds vote.

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

Article I.

Of Police.

1. The Watch Department, as at present organized, is hereby abolished, together with the office of Marshals, Street Inspectors, Health Wardens, Fire Wardens, Dock Masters, Day Police Officers, Sunday Officers, Inspectors of Pawn Brokers' and Junk Shops, and of the Officers to attend the Polls at the several Election Districts of the City and County of New-York, and Superintendent of Roads of the Twelfth Ward of said City, except the office of Mayor's or First Marshal.

2. In lieu of the Watch Department, and the various Officers mentioned in the foregoing section, there shall be established a Night and Day Police, of not to exceed nine hundred men, including Captains, Assistant Captains, Sergeants and Policemen.

3. The Police Department shall consist of the following Officers:-Chief of Police, Captains and Assistant Captains of Police, Sergeants of Police, Policemen and Doormen.

§ 4. Each Ward of the City of New-York shall be a Patrol District. The Corporation shall provide in each Patrol District suitable accommodation for the Patrol of such District, to be designated "Police Station House." The Patrol of each District shall consist of one Captain of Police, a First and Second Assistant Captain of Police, two or more Sergeants, and such number of Policemen as shall be appointed to the Ward or District, by an Ordinance of the Common Council.

5. The Captains, Assistant Captains, Sergeants and Policemen, shall, in and for the City of New-York, possess all the power now possessed by Marshals appointed by the Mayor of the City and County of New-York, except they shall not be entitled to execute civil process.

6. The Captains, Assistant Captains, Sergeants and Policemen of each District, in accordance with rules and regulations prescribed by the Mayor, in conformity to the laws of the State and the Ordinances of the Corporation, shall watch and guard the District, day and night, and protect the Polls at Elections.

7. The Chief of Police, Captains, Assistant Captains, Sergeants and Policemen, shall carry a suitable emblem or device, by which they may, when necessary, make themselves known.

8. It shall be the duty of the Sergeants and Policemen, to obey such orders as they may, from time to time, receive from the Chief of Police, Captains and Assistant Captains of Police, respecting their duty; and to report, through the Captains and Assistant Captains, to the Chief of Police, all violations of the Corporation Ordinances; to preserve the public peace; and it shall be the duty of the Policemen to render every assistance and facility to Ministers and Offcers of Justice, and to report to the Captains of their respective Districts, all suspicious persons, all bawdy houses, receiving shops, pawn-brokers' shops, junk shops, second-hand dealing shops, gaming houses, and all places where idlers, tipplers, gamblers, and other disorderly and suspicious persons_congregate; to caution strangers and others against going into such places, and against pick-pockets, watch-stuffers, droppers, inock-auctioneers, burners, and all other vicious persons; to direct strangers and others the nearest and safest way to their places of destination, and when necessary, to cause them to be accompa nied to their destination by one of the Police, and to perform all other duties which shall be prescribed to them by Ordinance of the Corporation.

9. The Clerks in each Police Office shall keep a proper book or books, in which shall be entered at length, a description of each and every article stolen, or other property, which shall be brought to said Offices, or which shall be taken from prisoners, and what disposition has been made thereof; and they shall attach a number to each and every article, and enter a corresponding number ia said books. They shall also keep a receipt book for property delivered from said Office; also, a book to contain a statement of known burglaries, larcenies, and stolen property; a correct transcript of which last mentioned book shall be furnished each and every day to the Chief of Police, and perform any official service required of them by the Special Justice.

10. Punctual attendance shall be required of every Officer and Patrolman connected with the Department, on all occasions; sickness and disability only shall be an excuse for absence from duty, to be proved by the affidavit or affirmation in writing of the party, that he was actually sick or disabled, and unable to do duty by reason of such sickness or disability; and it shall be competent for the Captain of the District to administer the oath or affirmation.

11. 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 maliciously, with intent to deceive, use or imitate any of the 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 five, nor more than two hundred and fifty dollars, or by imprisonment for a term not exceeding three months.

Article II.

Of Appointments and Removals.

1. The Chief of Police shall be nominated by the Mayor to the Common Council, and, with their approval, shall be appointed by the Mayor. The Chief of Police must be a citizen of the United States, a citizen of the State of NewYork, and an actual resident of the City and County of New-York. He shall hold his office for two years, unless sooner removed from office for cause. His removal from the City and County shall vacate his office.

§ 2. All vacancies in the office of Chief of Police shall be filled in the same

manner.

3. The Alderman and Assistant Alderman of each Ward shall nominate to the Mayor one Captain, one First Assistant Captain, one Second Assistant Captain of Police, and as many Policemen as the Ward may be entitled to;

the Mayor may appoint all or any of the persons thus nominated. Should the Mayor reject any such nominations, other persons shall in like manner be nomi nated to the Mayor for such places. Each of said persons, so nominated, must be a citizen of the United States, of the State of New-York, and a resident of the Ward for which he may be nominated. All vacancies in any of said offices shall be filled in like manner. Removal from the Ward shall vacate either of said offices. The Captains, Assistant Captains and Policemen, shall hold their offices for two years from the date of their appointment, unless sooner removed under this act. The Captains of Police of the several Patrol Districts shall appoint suitable Policemen to perform the duties of Sergeants of Police.

4. The Chief of Police and the Captains of the Police shall have power to suspend Policemen from office for cause; and the Judges and Justices shall have like power in reference to Policemen attending their courts.

In all such

cases of suspension, the Officer making the suspension shall, within twentyfour hours thereafter, notify the Mayor of such suspension in writing, which notice shall specify the grounds of such suspension, and contain the names of the witnesses to establish the charge. The Mayor shall receive from any persons, complaints for cause against the Chief of Police, Captains, Assistant Captains, Sergeants. Policemen and Doormen. In each case of suspension and complaint, the Mayor shall cause notice to the accused to be given, to afford him an opportunity to be heard in his defence. The Mayor, or in his absence, the Chief of Police, shall examine witnesses under oath or affirination, upon the charges and in defence, and the Mayor may for cause continue the suspension, remove the accused from office, or restore him to duty. The testimony shall be reduced to writing, which testimony, together with the decision of the Mayor thereon, shall be filed in the Office of the Clerk of the Common Council; but in all cases in which the suspension is continued, the party suspended shall be deprived of his pay from the date of his suspension and during the continuance of the same. The Mayor shall have power to issue subpoenas, to require the attendance of witnesses, as on the trial of such cases, and disobedience thereof shall render parties liable to the penalties provided by law in Courts of Record.

5. In making appointments under this article, the Alderman and Assistant Alderman in each Ward shall transmit to the Mayor a certificate of their nominations, which certificate, with the determination of the Mayor endorsed thereon, shall be filed in the Office of the Clerk of the Common Council.

6. No person conected with the Police Department shall be liable to military or jury duty.

7. In case of the refusal or neglect from any cause of the Alderman and Assistant to nominate the Officers for the said Ward, as hereinbefore provided, within twenty days after notice of any vacancy or vacancies occurring in either or all of said offices, then it shall be the duty of the Mayor to proceed forthwith to make said appointment aud to fill said vacancy or vacancies.

8. The Mayor, Chief of Police, and the Special Justices, and the Captains of Police, or by their, or by either of their order, shall have power to examine the books of any pawnbroker, and also to examine under oath, the pawnbroker, his clerk or clerks, if they deem necessary, when in search of stolen property; and any person having in his possession a pawnbroker's ticket, shall, when accompanied by a Policeman, or by an order from the Mayor, Chief of Police, Captain of Police, or Special Justice, be allowed to examine the property purporting to be pawned by said ticket; but no property shall be removed from the possession of any pawnbroker without process of law, required by the ex isting laws of this State, or the laws and ordinances of the City of New-York regulating pawnbrokers.

Article III.

Compensation of Officers.

1. The compensation of Officers and Patrolmen named in this law shall be fixed by the Common Council, but shall not exceed the following sums, to wit: Chief of Police, one thousand six hundred dollars; Special Justices, one thousand five hundred dollars; Clerks of Police, eight hundred dollars; Captains of Patrols, seven hundred dollars; Assistant Captains, six hundred dollars; Sergeants and Policemen, five hundred dollars; Police Officers, when sent out of the county on public business, shall be allowed all necessary expenses, upon the same being sworn to and approved by the Mayor, and allowed by the Board of Supervisors.

62. No fees or compensation shall be charged or received by any Magistrate, Clerk, Officer, Policeman or Constable, for the arrest of any prisoner, or for mileage, or for receiving any prisoner into the prison, or for discharging him from the same; and no fees or costs shall be charged or received for the issuing of any warrant, subpoena, or other process, or for the taking of a complaint, bail or affidavit, except as hereinafter provided. Any Magistrate or Officer violating the provisions of this section shall be guilty of a misdemeanor, and shall be subject to the pains and penalties for such an offence.

63. The Clerk of the Court of Sessions shall file with the Chief of Police, a copy of all recognizances given to answer to a charge preferred for any criminal offence, on the same being forfeited; and it shall be the duty of the Chief of Police to cause the same to be registered in a book to be kept for that purpose.

4. It shall be the duty of the Sheriff, in all cases of forfeited recognizances, placed by the District Attorney with him for collection, to report to the Chief of Police the moneys collected on such judgments, immediately after the receipt of the same; and in case the amount of the judgment cannot be collected upon any forfeited reeognizances, he shall immediately, after the expiration of the time limited by law for making such collections, make a return of the same, with the causes of failure, to the Chief of Police, who shall, in all cases mentioned, enter into the book aforesaid the result thereof, opposite to the names of the persons who had become bail in such cases.

5. Upon receiving information from the Sheriff of failure to collect the amount of any forfeited recognizances, from the person or persons who had be come bail in such case, the Chief of Police shall notify the Court of Sessions and the Police Courts of the names of such persons, and it shall be the duty of the Clerks of said Courts, to register the same, into a book to be kept in said Courts for that purpose.

6. No person registered as provided in the last preceding section, shall be received by any Judge or Magistrate, as bail for any person charged with any offence whatever; and in all cases of bail taken for persons charged with any criminal offence, the Judge or Magistrate taking the same, shall require the persons so becoming bail to make affidavit in writing, that they are worth the amount for which they propose to become bail, which affidavit shall also include a description of the property constituting the amount of their liability.

7. No Officer authorized to let to bail a person charged with any criminal offence, shall accept as bail, any member of the Police Department, Keeper, Assistant-Keeper, or Turnkey, of any prison, or place of detention for persons charged with any criminal offence, or any Attorney or Counsellor practising in the Court of Sessions.

8. No Officer, other than the Committing Magistrate, shall let to bail any person charged with a criminal offence, unless notice of the application to bail