Chapter CCXV. to amend the Acts approved August six, eighteen hundred and sixty-one, and July sixteen, eighteen hundred and sixty-two, establishing a Metropolitan Police in the District of Columbia, to increase the Efficiency thereof, and for other Purposes
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CHAP. CCXV.— An Act to amend the Acts approved August six, eighteen hundred and sixty-one, and July sixteen, eighteen hundred and sixty-two, establishing a Metropolitan Police in the District of Columbia, to increase the Efficiency thereof, and for other Purposes.July 23, 1866.1861, ch. 62.Vol. xii. p. 320.1862, ch. 181.Vol. xii. p. 578.Post, p. 374. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the chief executive officerTitles of officers of metropolitan police. of the police shall hereafter be styled major; the present sergeants shall be called lieutenants; the roundsmen called sergeants, and the patrolmen called privates; and that, in addition to the officers and employés the commissioners of the metropolitan police, in the District of Columbia, are now authorized by law to appoint, the said commissioners be authorizedAdditional officers and men authorized. to appoint one captain, who shall be the inspector of the force, command it in sickness or absence of the major, and perform such other duties as the said commissioners may direct; one clerk in the office of the major, who shall have charge of the records of the sanitary company, and213THIRTY-NINTH CONGRESS.
Sess. I. Ch. 215. 1866. perform such other duties as the major, by direction or with the approval of the commissioners, may prescribe; twenty sergeants, and fifty patrolmen or privates. Sec. 2. *And be it further enacted,* That the provisions of the sixthAuthority and jurisdiction of certain justices of the peace. Vol. xii. p. 580. section of the act of July sixteen, eighteen hundred and sixty-two, authorizing the selection of justices of the peace by the board of police, to officiate at the respective station-houses, be construed to provide for the hearing of all cases of offence against statutory, corporation, or common law, of which the said board is charged by law with the execution; andFines, to whom paid, and mode of payment. all fines imposed by any justice within either of the jurisdictions of the metropolitan police district shall be, by the justices imposing the same, paid into the hands of the treasurer of the board of police, on the first Thursday after the same shall have been collected, who shall duly receipt therefor, in duplicate, to the credit of the city or county within which the offence was committed; and such justice shall, in each case, return the original receipt to the treasurer of the same jurisdiction; and the treasurer of the police board shall pay over such sums monthly to the proper officers of said cities or county, upon proper receipts, except as hereinafter provided.
Sec. 3. *And be it further enacted,* That from and after the expirationLicenses for sale of intoxicating drinks. of licenses already granted it shall be unlawful for any person or persons keeping an ordinary, restaurant, saloon, or other place where spirituous liquors are sold within the District of Columbia, to give, sell, or dispose of any intoxicating drinks without a license approved by the board of police; and hereafter no such license shall be considered legal by any of the authorities having jurisdiction within said district, until the same shall have been approved by the board of police and so certified by the secretary thereof under the office seal.
Sec. 4. *And be it further enacted,* That the board of police shallUniform of the police. provide specific rules for uniform clothing of the police force, which shall be procured by each of the members thereof respectively, strictly in conformity with such rules, at his own expense and risk, and he shall be removed from such force for not complying with such rules. Sec. 5. *And be it further enacted,* That from and after the passage ofProperty clerk of police to have powers of notary public. this act the property clerk of the metropolitan police district shall be vested with all the powers now conferred by law upon notaries public in the District of Columbia.
He may administer oaths and certify depositionsPowers and duties. which may be necessary to establish the ownership of any property or money lost, abandoned, or returned to him under the directions of the board of police, other than such as may be so returned as the proceeds of crime; and upon satisfactory evidence of such ownership he shall deliver the same to said owner, his heirs and legal representatives, and to him or them only, except it be proven impracticable for such owner, heirs, or representatives to appear, when the same may be delivered and receipted for upon such proof of ownership and the filing in the office of said property clerk, of a duly executed power of attorney from said owner or his heirs or legal representatives.
And any property or money returnedProperty or money, the proceeds of crime, not called for as evidence within one year, to be treated as abandoned. to the property clerk as the proceeds of crime, and which shall not be called for as evidence by any proceeding in the courts of the District within one year from the date of such return, may, unless specially claimed by the owner within that time, be thereafter treated as other unclaimed, abandoned, or lost property or money, as provided in the act of July sixteenth, eighteen hundred and sixty-two.
Sec. 6. *And be it further enacted,* That where animals or articles ofAnimals, or property other than money, when and how may be placed in custody of the owners. Perishable property. property, other than money, are returned to the property clerk as the proceeds of crime, when shown by sufficient evidence to be necessary for the current use of the owners and not for sale, (except perishable property that may be delivered to the owner on ample security being taken by the committing magistrate for his appearance at the criminal court to214 prosecute the case,) the board of police shall have power, in its discretion, to authorize the property clerk to place the same in the custody of such owners, upon sufficient bonds being given by said owner or owners in the sum of twice the value thereof, conditioned for the production of the same at any time within one year, when required for use in court as evidence in any proceeding thereon, in accordance with the provisions required by the act of July sixteenth, eighteen hundred and sixty-two.
And in cases of large quantities of goods held for sale by the owners, that mayLarge quantities of goods held for sale. come into the possession of the property clerk as the proceeds of crime, the same may be delivered to the said owner, his heirs or representatives, as provided in section five of this act, upon ample security to prosecute, except those of an estimated value of fifty dollars, which shall be retained by the property clerk until the discharge or conviction of the accused, as required by said act.
Sec. 7. *And be it further enacted,* That hereafter no person shallNo person to assume or practise the occupation of detective in the District of Columbia without specific appointment therefor, unless, &c. Bond. assume or practise the occupation of detective within the limits of the District of Columbia who shall not first receive a specific appointment for that purpose, unless pursuing the detection of criminals as a private business outside of such authority, and not otherwise specifically authorized by law.
Any person so practicing shall enter into bonds to the board of police with surety in the sum of not less than ten thousand dollars, to be approved by the board of police, for a faithful and correct return to said board, in such manner and at such times as the board of police shall direct, of all business transacted by such private detectives; and in each and every case of a forfeiture of such bond or bonds for failure to make such returns to said board as required, or for failure of persons accused by such bonded private detectives to appear to answer charges inSureties on bond, when to be prosecuted. court, it shall be the duty of the attorney of the United States for the said District to immediately prosecute the sureties thereon to the full extent of a recovery of the forfeitures.
And it shall be the duty of any person prosecuting the business of a private detective, who may arrest aDetectives arresting persons for crime to carry them at once to office of superintendent of police, &c. Case to be examined. Laws relating to police to apply to detectives. person for crime, to bring the person arrested with all evidence of the alleged crime, including property or money which may become evidence, immediately to the office of the superintendent of police, or the nearest metropolitan police station, where the case shall undergo an examination before the magistrate assigned thereto; and all laws or parts of laws that govern the metropolitan police in the matters of persons, property, or money shall hereafter be applicable to said detectives, (or to persons practicing as detectives, whatever other name they may assume,) who shall make like returns and dispositions thereof, as required by law and the rules of the board of police governing the metropolitan police force.
Sec. 8. *And be it further enacted,* That upon the execution of a privateWhen a private detective’s bond is executed, he shall report to secretary of police. Bond to be filed and record made. Felonies, &c. not to be compounded. Persons suspected of crime not to be aided to escape by withholding information, &c. Money, &c. not to be received from those charged with crime. Penalty for violation hereof. detective’s bond, it shall be the duty of such private detectives to report to the secretary of the Board of Police, who shall file such bond and record the name, age, description, nationality, and residence of said private detective; and it shall be unlawful for such detectives, or any member of the metropolitan police force, or for any and all other persons, to compromise a felony or any other unlawful act, or to participate in, assent to, aid, or assist any person suspected of crime to escape a full judicial examination by failing to give known facts or reasonable causes of suspicion, or withholding any information relative to the charge or suspicion from the police magistrate or justice, or in any manner to receive any money, property, favor, or other compensation, from, or on account of, any person arrested or subject to arrest for any crime or supposed crime, or to permit any such person to go at large without due effort to secure an investigation of such supposed crime; and for any violation of the foregoing provisions of this section, or either of them, the said police, or private detective, or other person guilty thereof, shall be deemed as having compromised a felony, and be thereafter prohibited from acting as215THIRTY-NINTH CONGRESS.
Sess. I. Ch. 215, 216. 1866. an officer of the metropolitan police force or as a private detective, and shall be prosecuted to the extent of the law for aiding criminals to escape the ends of justice. Approved, July 23, 1866.