imprisonment, for directing a police officer to take plaintiff into a room where prisoners were kept, until he could prepare a complaint, such direction being made by reason of

plaintiff's interruptions. Hopner v. McGowan, 116 N. Y. 405; s. C., 26 N. Y. State Rep. 849; affi'g 54 Super. Ct. (J. and S.) 98.

Penalty for personating policeman, and for wilful neglect of police. § 339. It shall be a misdemeanor, punishable by imprisonment in the penitentiary for not less than one year, nor exceeding two years, or by a fine of not less than two hundred and fifty dollars, for any member of the police force to wilfully neglect to make any arrest for an offense against the law of the state, or any ordinance in force in The City of New York, or for any person not a member of the police force to falsely represent himself as being such a member, with a fraudulent design upon persons or property, or upon any day or time to have, use, wear or display, without specific authority from the police department, any uniform, shield, buttons, wreaths, numbers or other insignia or emblems in any wise resembling such as are worn by members of the police force; and the said police department is hereby authorized and directed, from time to time, to prescribe the uniform, shields, emblems, insignia and weapons to be worn, displayed and used, and to regulate the wearing, display and use thereof, by any and all persons, excepting marshals and the sheriff, his undersheriff and deputies authorized under the laws of this state, to make arrests for any cause in The City of New York.

L. 1882, ch. 410, § 290, as am'd by L. 1890, ch. 171.

Misdemeanor for persons not members of police force to serve criminal process.

$340. It shall be a misdemeanor for any person not being a regular member of the police established in any city of this state, or a member of the police force of The City of New York, or a constable of this state, or a police constable, or assistant police constable, or United States marshal, or other peace officer of this state, or a sheriff, or one of the usual general deputies sheriff of this state, to serve any criminal process within the said city.

of

any

L. 1882, ch. 410, § 281.

Exemption from military and jury duty, and civil process.

341. No person holding office under this department shall be liable to military or jury duty, and no officer or patrolman while

actually on duty shall be liable to arrest on civil process, or to service of subpœna from civil courts.

L. 1882, ch. 410, § 275.

(a) A member of the police force may be arrested upon civil process when not actually on duty. Coxson v. Doland, 2 Daly, 66; Hart v. Kennedy, 15 Abb. Pr. 290; Squires Case, 12 Id. 38.

(b) A resolution of the police board that certain officers shall be deemed to be always on duty does not affect

the right of third parties to arrest such officers when not actually on duty. Hart v. Kennedy, 15 Abb. Pr. 290; rev'g 14 Id. 432; s. c., 23 How. Pr. 417.

(e) It seems that the exemption from military service and jury duty is absolute and unlimited. Squires Case, 12 Abb. Pr. 38.

Steam boilers; inspection of; not to be operated without certificate. § 342. Every owner, agent or lessee of a steam boiler or boilers in use in The City of New York shall annually, and at such convenient times and in such manner and in such form as may, by rules and regulations to be made therefor by the police board, be provided, report to the said department the location of each steam boiler or boilers, and thereupon, and as soon thereafter as practicable, the sanitary company or such member or members thereof as may be competent for the duty herein described, and may be detailed for such duty by the police board shall proceed to inspect such steam boilers, and all apparatus and appliances connected therewith; but no person shall be detailed for such duty except he be a practical engineer, and the strength and security of each boiler shall be tested by atmospheric and hydrostatic pressure and the strength and security of each boiler or boilers so tested shall have, under the control of said sanitary company, such attachments, apparatus and appliances as may be necessary for the limitation of pressure, locked and secured in like manner as may be from time to time adopted by the United States inspectors of steam boilers or the secretary of the treasury, according to act of congress, passed July twenty-fifth, eighteen hundred and sixty-six; and they shall limit the pressure of steam to be applied to or upon such boiler, certifying each inspection and such limit of pressure to the owner of the boiler inspected, and also to the engineer in charge of same, and no greater amount of steam or pressure than that certified in the case of any boiler shall be applied thereto. In limiting the amount of pressure, wherever the boiler under test will bear the same, the limit desired by the owner of the boiler shall be the one certified. Every owner, agent or lessee of a steam boiler or boilers in use in The City of New York shall, for the inspection and testing of such or each of such boilers, as pro

vided for in this act, and upon receiving from the police department a certificate setting forth the location of the boiler inspected, the date of such inspection, the persons by whom the inspection was made, and the limit of steam pressure which shall be applied to or upon such boiler or each of such boilers, pay annually to the treasurer of the police department for each boiler, for the use of the police pension fund, the sum of two dollars, such certificate to continue in force for one year from the granting thereof when it shall expire, unless sooner revoked or suspended. Such certificate may be renewed upon the payment of a like sum and like conditions, to be applied to a like purpose. It shall not be lawful for any person or persons, corporation or corporations, to have used or operated within The City of New York any steam boiler or boilers except for heating purposes and for railway locomotives, without having first had such boiler or boilers inspected or tested and procured for such boiler or each of such boilers so used or operated the certificate herein provided for. The superintendent and inspectors of boilers, in the employ of the police department, in the city of Brooklyn, and the boiler inspectors in Long Island City, shall continue to discharge the duties heretofore devolved upon them, subject, however, to removal for cause, or when they are no longer needed. L. 1882, ch. 410, § 310, am'd by L. 1884, ch. 180 and L. 1885, ch. 437.

Id.; no person to use, or act as engineer for, without certificate.

§ 343. It shall not be lawful for any person or persons to operate or use any steam boiler to generate steam except for railway locomotive engines, and for heating purposes in private dwellings, and boilers carrying not over ten pounds of steam and not over ten horse-power, or to act as engineer for such purposes in The City of New York without having a certificate of qualification therefor from practical engineers detailed as such by the police department, such certificate to be countersigned by the officer in command of the sanitary company of the police department of The City of New York and to continue in force one year, unless sooner revoked or suspended. Such certificate may be revoked or suspended at any time by the police board upon the report of any two practical engineers, detailed as provided in this section, stating the grounds upon which such certificates should be revoked or suspended. revoked, as provided in this section, a like certificate shall not in any case be issued to the same person within six months from the

Where such certificate shall have been

date of the revocation of the former certificate held by such

person.

L. 1882, ch. 410, § 311, am'd by L. 1884, ch. 180; L. 1885, ch. 437, and L. 1886, ch. 643.

Id.; record of inspections to be kept.

344. A correct record in proper form shall be kept and preserved of all inspections of steam boilers made under the direction of the police board, and of the amount of steam or pressure allowed in each case, and in cases where any steam boiler or the apparatus or appliances connected therewith shall be deemed by the department, after inspection, to be insecure or dangerous, the department may prescribe such changes and alterations as may render such boilers, apparatus and appliances secure and devoid of danger. And in the meantime, and until such changes and alterations are made and such appliances attached, such boiler, apparatus and appliances may be taken under the control of the police department and all persons prevented from using the same, and in cases deemed necessary, the appliances, apparatus or attachment for the limitation of pressure may be taken under the control of the said police department.

L. 1882, ch. 410, § 312, am'd by L. 1884, ch. 180, § 23.

Id.; over-pressure forbidden; owner neglecting to report boiler.

345. It shall not be lawful for any person or persons to apply or cause to be applied to any steam boiler a higher pressure of steam than that limited for the same in accordance with the provisions of this chapter and any person violating the provisions of the last preceding section shall be guilty of a misdemeanor. In case any owner of any steam boiler in the said city shall fail or omit to have the same reported for inspection, as provided by law, such boiler may be taken under the control of the police department and all persons prevented from using the same until it can be satisfactorily tested, as hereinbefore provided for, and the owner shall, in such case, be charged with the expense of so testing it.

L. 1882, ch. 410, § 313, am'd by L. 1884, ch. 180, § 24.

Police board; licenses for public exhibitions.

346. The police board is authorized to grant licenses for public exhibitions, in the manner and on the conditions provided in title two of chapter twenty-two of this act.

See L. 1882, ch. 410, § 114, People ex rel. Schwab v. Grant, 126 N. Y. 473.

Id.; licenses to emigrant boarding-houses; bond.

$347. The police board is authorized to grant licenses to persons keeping houses for the purpose of boarding emigrant passengers. But before granting any such license, said board. shall require from such person or persons a bond satisfactory to it, with one or more sureties in the penal sum of five hundred dollars, conditioned for the good behavior of such person or persons, and the proper conduct of all agents and runners in his or their employ. The police board may revoke any license for cause. The person or persons receiving such license shall pay the sum of ten dollars a year for each license.

See L. 1882, ch. 410, § 115. People ex rel. Schwab v. Grant, under § 346, ante. Id.; licenses to bookers of emigrant passengers.

$348. The police board is authorized to grant licenses to persons exercising the vocation of booking emigrant passengers, or taking money for their inland fare, or for the transportation. of their baggage. The persons receiving such licenses shall pay the sum of twenty-five dollars a year for each license.

See L. 1882, ch. 410, § 116. People ex rel. Schwab v. Grant, under § 346,

ante.

Id.; licenses to runners; bonds.

$349. The police board may issue licenses authorizing the person or persons to whom the same are issued, upon any street, public highway, dock or pier, or in any park or square, in The City or New York, or upon any water adjacent thereto, over which said city has jurisdiction, to solicit patronage for any hotel, or inn, or passengers or patronage for any steamer, steamboat, ship, vessel or railroad, or for any person or corporation selling or or offering for sale passage tickets, or contracting or offering to contract for passage in any such steamer, steamboat, ship, vessel or railroad. Such license shall be for the period of one year from the date thereof, and every person receiving such. a license shall pay the sum of twenty dollars therefor to the police board, and shall also give to said board a bond, with two good and sufficient sureties in the penalty of three hundred dollars, conditioned for his good behavior, and the faithful observance by him of the provisions of this section. It shall be lawful for said board, upon an application made prior to the expiration of said license to renew and continue the same from year to year, provided that the applicant there for continues in all respects qualified, as herein provided, to hold such license