G. S. 26, § 20. G. S. 86, 87, §§ 6, 7. Governor may assume command of force of State, &c. Ibid. § 5. commonwealth, or the charters or ordinances of the several cities, concurrently with such officers, and their powers as constables shall extend throughout the commonwealth. Said constable and his deputies shall at all times obey all orders of the governor in relation to the preservation of the public peace, or the execution of the laws throughout the commonwealth, and it shall be their duty to see that the laws of the commonwealth are observed and enforced; and they shall especially use their utmost endeavors to repress and prevent crime, by the suppression of liquor shops, gambling places, and houses of ill-fame. 24. The governor shall have power at all times, in any emerwhole constabulary gency, of which he shall be the judge, to assume command of the whole or any part of the municipal police and constabulary force in any place, and to authorize the constable of the commonwealth to command their assistance in the execution of criminal process, in suppressing riots, and in preserving the peace. Town police, &c., to aid State constables. 1866, c. 261, § 2. G. S. 18, §§ 60, 70. Police officers not released from their harmony with State constables. 25. It shall be the duty of the constables of the several towns and cities of the commonwealth, city marshals, chiefs of police, and all other police officers, to aid the constable of the commonwealth and his deputies in the discharge of their duties, whenever reasonably notified and called upon for that purpose. 26. This act, and the act to which this is in addition, shall not duties, but to act in be construed as releasing the police officers of the towns and cities of the commonwealth from their duty to see that all the laws of the commonwealth are observed and enforced; it being the design of this act and the aforesaid act, that all the police officers herein named shall act in harmony and full co-operation, to the end that the laws may be executed and crime suppressed. G. S. 18, §§ 60, 70. State and town police to endeavor to suppress use of liquor, &c. Ibid. § 4. G. S. 86. 27. The constable of the commonwealth, his deputies and all other police officers, shall use their utmost endeavors to repress and prevent other crimes, by the suppression of all illegal manufacture and sale of intoxicating liquors. Police department to consist of whom. March 17, 1863. April 11, 1868. ORDINANCE.1 SECTION 1. The police department shall consist of the chief of police, one deputy chief of police, one captain of police for each police district, and such number of lieutenants, detectives, sergeants, patrolmen and stewards, as the board 1 An ordinance on the police, passed December 23, 1862; an ordinance in addition thereto, passed March 17, 1863; amended April 11, 1868. rank, term of office, and powers and duties. Ibid. of aldermen, with the approval of the mayor, March 17, 1863. shall deem necessary; they shall be appointed by Appointment, the mayor and aldermen, and take rank in the order in which they are named; and they shall severally hold their offices until vacated by death or resignation, or until they may be removed by the mayor; and they shall perform all the duties, and be subject to all the rules and regulations which now are, or may are, or may hereafter be, prescribed by the ordinances of the city council, or the orders of the board of aldermen. and how filled. Ibid. SECT. 2. Whenever there is a vacancy in any Vacancies, when of the offices aforesaid, the mayor shall nominate to the board of aldermen, for their confirmation or rejection, persons to fill them; and if the board of aldermen reject any such nominations, the mayor shall make new nominations to fill the places so vacant, within two weeks after such rejec tion. be sworn. SECT. 3. Before entering upon his duties, Police officers to each officer so appointed and confirmed shall Dec. 25, 1862. be sworn to the faithful discharge of the duties assigned him. powers and duties. SECT. 4. The chief of police shall be the chief of police, his head of the department of police, and shall ibid. have entire control of the department, its officers and members, and of all constables and other officers when engaged in the service of the city. He shall devote his whole time to the municipal affairs of the city of Boston, to preserve the peace, order, and cleanliness thereof, and to Dec. 23, 1862. Bond of chief of police. Ibid. Chief of police to keep records. Ibid. Clerk. Oath. Chief of police to make reports. Ibid. Compensation this end he shall execute and enforce the special laws relating to the city, the ordinances and orders of the city council, and the orders of the mayor and of the board of aldermen. He shall take notice of all nuisances, impediments, obstructions, and defects in the streets, lanes, alleys, courts, public places and squares of the city, and shall remove the same, or take all proper measures in relation thereto, according to the laws and ordinances, under the direction of the board of aldermen. SECT. 5. The chief of police shall, before entering upon the duties of his office, give to the treasurer of the city of Boston, a bond in the sum of five thousand dollars, with sufficient sureties, in a like sum, for the faithful performance of the duties of his office. SECT. 6. The chief of police shall keep full and complete records of the business of the department; and for that purpose shall nominate, in the month of February or March, annually, to the mayor, a clerk of the department, which nomination shall be sent to the board of aldermen for confirmation, and if approved by them, the person so nominated and confirmed shall, before entering upon the duties assigned him, be sworn to the faithful discharge of his duties, and the chief of police shall, as often as once in three months, and at all times, when specially required, make a report of the doings of his department. SECT. 7. The chief of police and the other Witness fees. Dec. 23, 1862. officers, clerk and members of the department, shall receive such compensation as the city coun- 9 Gray, 78. cil may from time to time determine. They shall account to the city treasurer for all fees received as witnesses on complaints or prosecutions, and in cases in which the city is a party; but when summoned, and in attendance as witnesses for the government in the county of Suffolk, before the grand jury, or in the superior court for the transaction of criminal business, they may, when off duty, receive for their own use, and without accounting to the city treasurer therefor, one attendance fee a day, and no more; and from Fines, and abatetheir stated compensations shall be deducted all fines or abatements incurred for disobedience of the rules and regulations made for the government of the department as therein provided. SECT. 8. The office of chief of police shall be open at all suitable times, under the direction of the board of aldermen, for the purpose of receiving complaints of the inhabitants respecting offences against the laws and ordinances. ments. be always open, &c. SECT. 9. The several station houses of the Station houses to police shall be open at all hours of the day and night for the purpose of receiving complaints from the inhabitants respecting offences against the laws of the commonwealth and ordinances of the city; and the chief of police, and the deputy Police to prosecute chiefs of police, shall cause proceedings to be Ibid. instituted for the prosecution of violations of the laws and ordinances, and attend to the trial of the same; and each member of the department shall violations of law. Dec. 23, 1862, To enforce the Board of aldermen may make further tions. Ibid. devote his entire time to the municipal affairs of the city, the preservation of order, and the maintenance of the peace thereof; and they shall enforce the laws of the commonwealth, the special laws and ordinances of the city of Boston, and discharge such other duties as, by special orders, they may be required to perform. SECT. 10. The board of aldermen may make, rules and regula- from time to time, such further rules and regulations for the government, disposition, and management of the police, as they may deem expedient; provided, such rules and regulations are not inconsistent with the laws of this commonwealth, or the laws and ordinances of the city of Boston.1 Policemen on night duty to do Ibid. 1 SECT. 11. All the duties heretofore required duty of watchmen. by the laws of the commonwealth, or the laws and ordinances of the city of Boston, or orders of the mayor or board of aldermen, to be performed by watchmen, shall be performed by the policemen who are detailed for night duty. STATUTES. PORTERS. 1. Selectmen (board of aldermen) to appoint porters. To regu late their wages. Porters to 2. Penalty for persons unlicensed acting as porters. 3. Penalties for asking more than selectmen allow for services, or for appearing without a badge. 4. Security to be given by porters. They may be removed for disorderly conduct. 1 See rules and regulations for the government of the Boston police. |