KFLCC Kingdom Law 2nd Ed.

909

POLICY

POLICE

to prevent the commission of fraud, violence, or other offenses against the state; aid in the ar rest of criminals; and secure generally the com fort, health, and prosperity of the state, by pre serving the public order, preventing a conflict of rights in the common intercourse of the citi zens, and insuring to each an uninterrupted en joyment of all the privileges conferred upon him by the laws of his country. Lalor, Pol. Enc. a. v. It is true that the legislation which se cures to all protection in their rights, and the equal use and enjoyment of their property, embraces an almost infinite variety of subjects. Whatever affects the peace, good order, morals, and health of the community comes within its scope; and every one must use and enjoy his property subject to the restrictions which such legislation imposes. What is termed the "police 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 far as may be required to secure these objects. Munn v. Illinois, 94 U. & 145, 24 L. Ed. 77. For other definitions, see Slaughterhouse Cases, 16 Wall. 62, 21 L. Ed. 394: Stone v. Missis sippi, 101 U. S. 818, 25 I*. Ed. 1079; Thorpe v. Rutland & B. R. Co., 27 Vt. 140, 62 Am. Dec. 625; People v. Steele, 231 111. 340, 83 N. E. 236, 14 L. R. A. (N. S.) 361, 121 Am. St. Rep. 321; Dreyfus v. Boone, 88 Ark. 353, 114 S. W. 718; Carpenter v. Reliance Realty Co., 103 Mo. App. 480, 77 S. W. 1004; State v. Dal ton, 22 R. I. 77, 46 Atl. 234, 48 L. R. A. 775, 84 Am. St Rep. 818; Deems v. Baltimore, 80 Md. 164, 30 Atl. 648, 26 L. R. A. 541, 45 Am. St. Rep. 339; In re Clark, 65 Conn. 17, 31 Atl. 522, 28 L. R. A. 242; Mathews v. Board of Education, 127 Mich. 530, 86 N. W. 1036, 54 L. R. A. 736.— Police regulations. Laws of a state, or ordinances of a municipality, which have for their object the preservation and protection of public peace and good order, and of the health, morals, and security of the peo ple. State v. Greer, 78 Mo. 194; Ex parte Bourgeois, 60 Miss. 663, 45 Am. Rep. 420; So nora v. Curtin, 137 Cal. 583, 70 Pac. 674; Roanoke Gas Co. v. Roanoke, 88 Va. 810, 14 S. E. 665.—Police supervision. In England, subjection to police supervision is where a crim inal offender is subjected to the obligation of notifying the place of his residence and every change of his 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 sion are popularly called "habitual criminals."' Sweet. statutes 43 Eliz. c. 12, and 13 & 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 determine in a summary way causes concerning policies of assurance in London, with an appeal to chan cery. No longer in existence. 3 Bl. Comm. 74. The general principles by which a government is guided in its manage ment of public affairs, or the legislature in its measures. This term, as applied to a law, ordinance, or rule of law, denotes its general purpose or tendency considered as directed to the POLICIES OF INSURANCE, COURT OF. A court established in pursuance of the POLICY.

POLICE. Police Is the function of that branch of the administrative machinery of government which Is charged with the pres ervation 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, 59 Conn. 50, 21 Atl. 1024, 10 L. R. A. 83; Monet y. Jones, 10 Smedes & M. (Miss.) 247; Peo ple v. Squire, 107 N. Y. 593, 14 N. E. 820, 1 Am. St. Rep. 893; Logan v. State, 5 Tex. App. 314. The police of a state, in a comprehensive sense, embraces its whole system of internal regulation, by which the state seeks not only to preserve the public order and to prevent of fenses against the state, but also to establish for the intercourse of citizen with citizen those rules of good manners and good neighborhood which are calculated to prevent a conflict of rights, and to insure to each the uninterrupted enjoyment of his own, so far as is reasonably consistent with a like enjoyment of rights by •thers. Cooley, Const. Lim. *572. It is defined by Jeremy Bentham in his works: "Police is in general a system of precaution, either for the prevention of crime or of calam ities. Its business may be distributed into eight distinct branches: {1) Police for the prevention of offenses; (2) police for the prevention of ca lamities; (3) police for the prevention of epi demic diseases; (4) police of charity; (5) police of interior communications; (6) police of public amusements; (7) police for recent intelligence; (8) police for registration." Canal Com'rs v. Willamette Transp. Co., 6 Or. 222. —Police 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 the 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 English law. Courts in which stipendiary magistrates, chosen from barristers of a certain standing, sit for the dispatch of business. Their general duties and powers are the same as those of the unpaid magistracy, except that one of them may usually act in cases which would re quire to be heard before two other justices. Wharton.— Police de ohargement. Fr. In French law. A bill of lading. Ord. Mar. liv. 3, tit. 2.— Police jury, in Louisiana, is the designation of the board of officers in a parish corresponding to the commissioners or super visors of a county in other states.—Police jus tice. A magistrate charged exclusively with the duties incident to the common-law office of a. conservator or justice of the peace; the pre fix "police" serving merely to distinguish them from justices having also civil jurisdiction. Wenzler v. People, 58 N. Y. 530.—Police mag i s t rate . See MAGISTRATE.—Police officer. One of the staff of men employed in cities and towns to enforce the municipal police, t. e., the laws and ordinances for preserving the peace and good order of the community. Otherwise called "policeman."—Police power. The pow er vested in a state to establish laws and ordi nances for the regulation and enforcement of its police as above defined. The power vested in the legislature to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and wel fare of the commonwealth, and of the subjects of the same. Com. v. Alger, 7 Cush. (Mass.) 85. The police power of the state is an author ity conferred by the American constitutional system upon the individual states, through which they are enabled to establish a special depart ment of police; adopt such regulations as tend

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