Page:Black's Law Dictionary (Second Edition).djvu/917

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


POLICE. Police is the function of that branch of the administrative machinery of goierument which is charged with the preservation of public order and tranquillity, the promotion of the public health, safety, and morals, and the prevention. detection, and punishment of crimes. See State v. Hine. 39 Conn. 50, 21 Atl. 1024. 10 L. R. A. 83; Monet v. Jones. 10 Smedcs S: M. (Mlss.) 247: People v. Squire, 107 N. Y. 593, 14 N. E. 820. 1 Am. SL ltep. 893; Logan v. State. 5 Tex. App. 314.

The police of a state, in a comprehensive sense, cmbiaces its whole system of internal l'('_£’ul.lll0E|, by which the state seeks not only to preserve the public order and to preicnt offellows against the state, but also to establish for the intercourse of citizen with citizen those rules of good manners and good neighborhood which are calculiitcd to prevent a conflict of rights, and to insure to each the unintcrrupted enjoyment of his own. so far as is reasonably consistent with a like enjoyment of rights by others. Coolcv. Const. Lim. ‘$72.

It is defined by Jeremy Bentbam in his works: "Police is in general a system of precaution, either for the prevention of crime or of calam- ' its business may be distributed into eicht distinct hranches: (1) Police for the prevention of offenses; (2) police for the prevention of ca- lamities: (3) police for the prevention of epi- demic dist-ases; (4) police of charity; (3 police of Interior communications; (6) police a public amusements; (7) police for reccnt intelligence; (S) police for re:..'istration." (‘anal Confrs v. Willamette Transp. Co., 6 Or. 222. —Polioe court. The name of a kind of in- ferior court in several of the states, which has a summary jurisdiction over minor offenses and misdemeanors of small consequence, and t powers of a committing magistrate in respect to more serious crimes, and. in some states, a limited jurisdiction for the trial of civil causes. In Fnglish low. Courts in which stipendhiry I1lflg'lSl.I“1t€S. chosen from barristers of a certain standing, sit for the dispatch of business. Their general duties and pout-rs are the same as those of the unpaid magistracy, except that one of them may usually act in cases which would re- uire to be heard before two other justices. \'harton.—Polioe do char-gement. Fr. In "I'e|:|r‘h law. A bill of hiding. (J-rd. Mor. liv. . tit 2 Police jury, in Louisiana, is the uesigoation of the hoard of officers in a parish corresponding to the commissioners or super- visors of a county in other state-s.—l-‘olice gustioo. A magistrate chargcd exciisivcly with the duties incidcnt to the common-law oliice of a conservator or justice of the peace; the prefix "police" serving merely to distinguish them from justices having also civil jurisdiction. “'cnzlrr v. Peoplc. 58 N. Y. 5 (l.—Police mag- istrate. See l\l1\o'ts'ru.A'i's:.—Pu1ioo officer-. line of the stafi of men employed in cities and ti-uns to enforce the municipal police. i. c., the laws and ordinances for preserving the peace and good order of the community. Otlierivise called “policem-iii."—Polioe power. The pow- er iestcd in a state to establish lows and ordi- nances for the l'f‘£.'lllflI'i0]1 aiirl enforcement of its police as above definvtl. The power vested in the legislatiirc to m-iL'e. ordain. rind establish all manner of whol:-some and reasonable lrins, statutes, and or-dinnnces, either with penalties or without not repugnant to the cnnstitiition, as they shall judgc to be for the good and Wei- fare of the commonwealth, and of the suhjects of the some. Com. v. Alger, 7 Cusli. (Mass) 85. The police power of the state is an authority conferred by the American constitutional system upon the individual states, through vihich they are enabled to establish a special depart- ment of police; adopt such regulations as tend



to prevent the commission of fraud. violence, or other olfenses against the state; aid in the arrest of criminals; and secure generally the com- fort. health, and prosperity of the suite, by prescriing the pnhllc order, preventing a cunflir-t of rights in the common intercourse of the citi- zens, and insuring to each an uninterrupted eu- joyment of all the privileges conferred upon him by the laws of his country. Laior, Pol. Eric ll‘. :1. It is true that the legislation which secures to all protection in their rights, and the equal use and enjoyment of their property. embraces an almost infinite variety of suhjects. Whatever alfects the peace, good or-dcr._ inora_ls, and health of the community comes within its scope: and every one must use and enjoy his ropcrty subject to the restrictions which such cgislation imposes. V\"liot is termed the “pohce power" of the state, which. from the language often used respecting it. one would suppose to be an undefined and irresponsible element in government. can only interfere with the conduct of individuals in their intercourse with each other, and in the use of their property, so for as may he required to secure these objects. lifiinn v. Illinois. 94 U. 145. 24 L. Ed. 77. For other definitions. See Slaughterhouse Cases, 16 “'all. 62 21 L. Ed. 394; Stone v. Mississippi. 101 if. s. sis. ms 1.. Ed. 1079: Thorpe v. Ruthnd & B. R. (.o.. 27 Vt. 40. 62 Am. (3.; People v. Steele. ‘.731 Ill. 340. 83 N. E. 9:36 4 L, . . (.\l. S.) 361., 121 am. St. Rep. 321: Dreyfus v. Boone. 88 Ark. 3-33, 114 S. W. 71S; Carpenter v. Reliance Realty Co., 103 .\[o.App. 480. 77 S. W. 1001; State v. D. 1- ton, Z R. I. 77, 4-6 At]. 234, 48 L. R. A. 77'» 8-} Am. St. Rep. 818; Deems v. Baltimore. S0 Md. 164. 30 At]. 648, 26 L. It. A. 541. 45 Am. St. Rep; 339: In re Clark, 65 Conn. 17. 31 Atl. 52., 28 L. R. A. 242: Mithews v. Board of Education. 127 Mich. 530. 80 N. W. 1036, 54 L. It. A. 736.—Polico regulations. Laws of a state, or ordinances of a municipality. which have for their objcct the 'pl'CSPl‘V'l tion and protection of public peace and good order, and of the health, morals, and security of the peo- ple. State v. Greer. 78 M0. 194; EX parte Bourgeois, 60 Miss. 663. 45 Am. Rep. -120; So- nora v. rtin. 137 Cal. 533. 70 Pac. 67 : Roanoke Gas (‘o. v. l'tn.-innhc. 88 Va. 810. 14 S. 1"}. G67'i.—PoIice supervision. In EugLInd. subjection to police siipt-1'ViSion is where a criminal offerider is subjectcd to the obligation of notifying the place of his residence and every change of bis residence to the chief officer of police of the district, and of reporting himself once _ a month to the chief officer or his substitute. Offenders subject to police supervi- Eion itire popularly called "hahitual criminals." woe .

POLICIES OF INSURANCE, COURT 0!‘. A court established in pursuance of the statutes 43 Eliz. c. 12, and 13 5', 14 Car. II. c. 23. ‘Composed of the judge of the admiral- ty, the recorder of London, two doctors of the civil law, two common lawyers, and eight merchants; any three of whom. one being a civilian or a barrister. could deteiinlnc in ii summary way causes concerning policies of assurance in London, with an appeal to chan-

cery. No longer in existence. 3 Bl. Comm. 7-!» POLICY. The general principles by

which a government is guided in its management of publlc affairs, or the legislature in its measures.

{mils term, as applied to a law, ordinance, or rule of law. denotes its general purpose

or tendency considered as directed to the