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S
THE
(City)
GREATER NEW YORK.CHARTERS.

AS ENACTED IN 1897,
WITH NOTES
INDICATING THE DERIVATORY STATUTES AND REFERENCES
TO JUDICIAL DECISIONS RELATING THERETO, :
TOGETHER WITH
APPENDIXES
OF THE
ASSEMBLY DISTRICTS IN GREATER NEW YORK, ACCORDING TO THE
APPORTIONMENT OF 1895; THE WARDS OF THE VARIOUS
CITIES CONSOLIDATED; THE BUILDING LAWS OF NEW
YORK CITY, BROOKLYN AND LONG ISLAND CITY
CONTINUED IN FORCE BY THE CHARTER;
THE ARTICLE OF THE CONSTITU-
TION RELATING TO CITIES;
AND THE
ENGLISH COLONIAL CHARTERS.
BY
MARK ASH,
OF THE NEW YORK BAR.
ALBANY, N. Y.:
WEED-PARSONS PRINTING COMPANY.
1897.
Entered according to act of Congress, in the year one thousand eight hundred and ninety-seven,
BY WEED-PARSONS PRINTING COMPANY.
In the office of the Librarian of Congress, at Washington.
WEED-PARSONS PRINTING COMPANY
PRINTERS AND ELECTROTYPERS,
ALBANY, N. Y.
PREFACE.
The movement for consolidation of the cities of New York,
Brooklyn and contiguous territory, which had its inception
in 1890, and culminated seven years later in the Charter appear-
ing herein, will mark an epoch in the history of municipalities
in this western continent. Beginning with the preliminary
stage of investigation by a legislative Commission of Municipal
Consolidation Inquiry, the great project advanced, step by
step, despite all obstacles, until, in 1896, the union became an
accomplished fact, and a commission was appointed to prepare
the organic law of the new city.
The commission, noted for the distinguished character of its
members, fitted by experience and calling for the important
civic duty confided to them, appointed, in the first instance,
a sub-committee on draft, which presented to the main body, as
the result of its labors, a proposed charter, with an exhaustive
report, discussing the features thereof. This draft was then
taken up by the entire commission, and after discussion at
public hearings, and in executive session, resulting in changes
and amendments, the Charter and supplementary legislation,
almost as finally enacted, were presented to the legislature by
the commission, on February 18, 1897, with its report. These
two exhaustive reports of the commission and the sub-commit-
tee on draft, affording the best commentary upon the Charter,
have been reprinted in full, with all the legislation, touching the
consolidation, in the Introductory.
The conspicuous features of the Greater New York Charter
are the borough system, with its twenty-two boards, vested
with power to initiate local improvements; the municipal
assembly, consisting of two chambers; and the single-headed
iv
PREFACE.
independent departments, constituting the board of public
improvements. Aside from these important provisions, and
some minor departures, the scheme of the Charter follows in
the main the lines of the New York City Consolidation Act,
passed in 1882. The plan, therefore, pursued in the present
work is that adopted by the author in his edition of the Con-
solidation Act, published in 1891, which received the approval
of the profession.
• The commission which prepared the Charter, neither in its
report to the legislature accompanying the same, nor in the
report of its sub-committee on draft, indicated the statutory
sources of its various provisions. The different sections have
been carefully examined and compared, and the derivatory
statutes noted, wherever possible. To avoid confusion, in
cases in which the provisions of the Charter were simply
re-enactments of the Consolidation Act, the sections of the
latter have been given, without referring to prior statutes
revised in the Consolidation Act. However, for the conven-
ience of those desiring to trace these sections to their earlier
sources, the author has reprinted from his edition of the Con-
solidation Act the table showing what acts were included in
the same.
The annotations of judicial decisions under the various sec-
tions have not been confined merely to authorities construing
former statutes revised in the Charter, but the same include
cases upon analogous provisions found in the charters of other
municipalities in this State. All the authorities to and includ-
ing the 151 N. Y., 15 Appellate Division, 19 Miscellaneous and
44 N. Y. Supp., have been examined and cited.
The Charter, unlike the Consolidation Act, is not complete in
itself. It extends many of the provisions of the Consolidation
Act and other statutes of a general and permanent character to
the new city, either specifically or by general language. The
limitations of this work forbid the reprinting of all the statutes
thus continued in force by the Charter. But the most impor-
tant of these acts have either been inserted in the appropriate
places in the text, under the sections, in full, or referred to, or,
PREFACE.
L
where this was not practicable, the matter has been placed in
a series of appendixes.
A brief reference to the matter contained in these appendixes
may facilitate easy reference to the volume.
In Appendix I., as a necessary complement to the Charter,
will be found the supplementary legislation recommended by
the commission, amending the general election law in impor-
tant particulars necessary in connection with future elections
within the territory consolidated; the act providing for election
of city officers in Greater New York at the general election in
November, 1897; the statute providing for boards of super-
visors. in counties wholly within the limits of a city, but not
comprising the whole of such city; the act providing for the
reinoval of the City Court of New York from its present quar-
ters in the City Hall, and authorizing the fitting up, in the
latter, of suitable accommodations for the new municipal
assembly; and, finally, the proposed constitutional amendments
concerning the transfer of duties of boards of supervisors in
cities which include an entire county, to the municipal assem-
bly, and as to limitation of indebtedness of counties wholly
included within the limits of a city.
The various regulations relating to the construction and
alteration of buildings in the territory consolidated continued
in effect by section 647 of the Charter, are to be found, with all
the amendments thereto, to and including the year 1897, and
with notes of judicial decisions, in Appendix V.
The wards of the former cities of New York and Brooklyn,
continued by sections 1577 and 1578 of the Charter, and desig-
nated as the wards of the boroughs of Manhattan, Bronx and
Brooklyn, are reproduced in full in Appendix IV.
The sections of the Consolidation Act made applicable to
the City Court and the new Municipal Courts, replacing the
former District Courts, are reprinted in Appendixes VI
and VII.
The provisions of law relating to city marshals and coroners,
continued by sections 1428 and 1571 of the Charter, respec-
tively, are given in Appendixes VIII and IX.
PREFACE. :
By section 1585 of the Charter, the public administrator is
made a county officer, and the present statutes governing his
powers and duties are declared to remain unaffected. These
regulations are set out at length, with annotations of cases, in
Appendix XI.
The sections of the Consolidation Act governing liens upon
municipal contracts, which remain in force by section 1610 of
the Charter, are placed in Appendix X.
The basis of representation in the board of aldermen, and
the council, constituting the municipal assembly, being the
assembly districts included within the Greater New York, the
apportionment of these assembly districts made in 1895, pur-
suant to constitutional requirement, has been reprinted in
Appendix III.
In view of the many provisions of the State Constitution
concerning the government of cities, limitation of their indebt-
edness, and restrictions upon local legislation, city officials,
civil service, and the like, the author has collated all the perti-
nent sections covering the subject in Appendix II. In
connection with this branch of the work, especial care has been
taken to give full notes of the cases interpreting these
constitutional limitations.
For the purpose of local improvements and the creation of
governing boards thereof, the territory of the city has been
divided by the Charter into twenty-two districts, co-extensive
with the senatorial districts provided by the Constitution,
which districts will also be found in Appendix II.
The Royal English Colonial Charters have been reprinted in
Appendix XII, for reference as to the continued vested rights
of the city.
As before stated, the Consolidation Act, and all acts of the
legislature affecting the local government of The City of New
York not inconsistent with the Charter or revised therein, being
continued in force, the author has prepared a table of all the
sections of the Consolidation Act, showing which have been
revised in the Charter, which repealed or superseded, and those
still in force or unaffected, with references to the sections
PREFACE.
vii
reprinted in the appendixes. In addition, the statutes relating
to The City of New York passed by the legislature from
January 1, 1882 (when the Consolidation Act was deemed
enacted), to and including the session of 1897, and which are
not repealed or temporary, have been collated by their titles
and subject-matter in a table, divided, for convenience of refer-
ence, under the same chapter and title headings as those of
the Charter.
The exhaustive index includes full references to the matter
in the appendixes.
The author has been most efficiently assisted in the prepara-
tion of this work by his brother, William Ash, of this bar, to
whom this acknowledgment is gratefully made. To Mr. John
B. Uhle, of this bar, acknowledgment is also due for his labors
in preparing the index.
MARK ASH.
NEW YORK, June 10, 1897.
TABLE OF CONTENTS.
XV-xlvii
xlix-lix
.......
.............................
lxi-civ
.................
cv-cxlix
C
ev-evi
Preface .....
Table of sections of New York City Consolidation Act
(L. 1882, ch. 410), showing which have been revised
in Greater New York Charter, which repealed or
superseded, and which still in force or unaffected..
Reference table of statutory sources of sections of
New York City Consolidation Act...
Table of acts relating to The City of New York from
January 1, 1882, when the New York City Consoli-
dation Act was deemed enacted, to and including
the legislative session of 1897, excluding acts
expressly repealed.........
Introductory .............
Act (L. 1890, ch. 11) creating commission to inquire
into expediency of consolidation of municipalities,
Act (L. 1894, ch. 64) referring question of consolidation
i to popular vote of municipalities concerned..
Vote of municipalities on consolidation......
Act (L. 1896, ch. 488) consolidating the local govern-
ments within the city and county of New York, the
counties of Kings and Richmond and Long Island
City, and the towns of Newtown, Flushing and
Jamaica, and part of the town of Hempstead in
Queens county...
Commission appointed by Governor to prepare
Charter ......
Committee on draft of Charter...
Keport of Committee on Draft.....
Report of Commission to Legislature accompanying
Charter ...
cvi-cviii
cviii
cix-cxi
cxi
cvi
cxii-cxvii
cxxvii-cxlvii
CHAPTER I.
Section.
Page.
Boundaries, boroughs, powers, rights and obligations
of the city......
1-11
1-8
CHAPTER II.
Legislative department..........
17-60
9-36
CHAPTER III.
FRANCHISES AND GRANTS OF LAND UNDER WATER.
TITLE 1. Franchises ......
71-77
2. Grants of lands under water....
37-39
40-42
83-88
TABLE OF CONTENTS.
CHAPTER IV.
The executive......
Section.
94-109
Page.
43-49
CHAPTER V.
The mayor.....
........
115-138
50-62
CHAPTER VI.
DEPARTMENT OF FINANCE.
TITLE 1. The comptroller..
2. Bonds and obligations of the city.....
3. The chamberlain...
4. The sinking fund.
5. Appropriations and the board of estimate and
apportionment ..
6. Levying taxes......
149-163
169-188
194-198
204-220
63-74
74-87
87-91
92-103
Lund.......
226-241
247-249
103-122
122-123
CHAPTER VII.
Law department........
255-264
124-130
CHAPTER VIII.
Police department. .............
270-371
131-194
CHAPTER IX.
BOROUGH OFFICERS, LOCAL BOARDS AND LOCAL IMPROVEMENTS.
TITLE 1. Borough officers........
382-385 195-196
2. Local boards.....
390-394 197-199
3. Local improvements...
400-404 199-200
...............................
CHAPTER X.
THE BOARD OF PUBLIC IMPROVEMENTS.
TITLE 1. Board of public improvements................ 410-426 201-216
2. The map or plan of The City of New York,
establishing of grades, changes therein,
map of sewer system and sewer districts.. 432-444 216-223
3. General provisions relating to the depart-
ments of water supply, highways, street
cleaning, sewers, public buildings, lighting
and supplies, and bridges.....
450-462 223-227
4. Department of water supply..
468-518 227-253
5. Department of highways..
· 523-527254-258
6. Department of street cleaning......
533-547 258-271
7. Department of sewers
555-566 271-277
8. Department of public buildings, lighting
and supplies...
572-588 277-287
9. Department of bridges......... ........ 594-601 287-289
TABLE OF CONTENTS:
CHAPTER XI.
DEPARTMENT OF PARKS.
TITLE 1. The parks of the city........
2. Art commission...
Section.
607-627
633-639
Page.
290-301
301-303
...........
CHAPTER XII.
Department of buildings...
.....
644-652304-310
CHAPTER XIII.
Department of public charities....
658-689
311-326
CHAPTER XIV.
Department of correction........
694-714
327-337
CHAPTER XV.
......
720-741
748-755
338-349
350-353
OT
FIRE DEPARTMENT.
TITLE 1. Organization, duties and powers of its officers
and men.....
..........
2. Fires and their extinction....
3. Prevention of fires; explosives and combusti-
ble materials...
........
4. Fire marshals and investigation of origin of
fires ............
........
5. Relief fund and pensions..
........
6. Tax upon foreign insurance companies.......
760-773
353-365
779-783
789-792
798-810
366-370
370-376
376-385
CHAPTER XVI.
Docks,. PIERS, HARBOR, PORT AND WATERS.
TITLE 1. Department of docks and ferries.......
816-838 386-403
2. Piers, slips and wharfage....
844-870 - 403-418
3. General provisions....
.......... 876-881 418-420
CHAPTER XVII.
· TAXES AND ASSESSMENTS.
TITLE 1. Department of taxes and assessments, powers
and duties......
884-937 421-455
2. Assessments for local improvements other
than those confirmed by a court of record, 942-954 455-465
, 3. Vacating and modifying assessments for local
improvements other than those confirmed
by a court of record...
........... 958-964 465-473
4. Opening streets and parks.... ........ 970-1011 473-508
-5. Sales of lands for taxes, assessments and
water rates....
.......... 1017-1054 508-527.
xii
TABLE OF CONTENTS.
CHAPTER XVIII.
DEPARTMENT OF EDUCATION.
Section
TITLE 1. The public schools and their management.... 1055-1119
2. The College of The City of New York........ 1127-1133
3. The Normal College.......................... 1139-1145
4. General provisions...
......... 1151-1161
Page.
528-561
562-564
565-568
568-573
CHAPTER XIX.
DEPARTMENT OF HEALTH.
TITLE 1. Organization, administration, authority,
duties and powers of department.......... 1167-1229573-605
2. Marriages, births and deaths.......
. 1236-1241 606-609
3. Duties of physicians and others..
1247-1251 609-610
4. Legal proceedings and punishment for dis-
obedience of orders and ordinances........ 1257-1269 611-618
5. Reimbursenyent for expenses.
1275-1281 618-624
6. Abatement by suit.....
1287-1298 624-632
7. Tenement and lodging houses........
1304-1325 632-651
8. The health department pension fund......... 1331-1339 651-654
CHAPTER XX.
INFERIOR LOCAL COURTS.
TITLE 1. The city court of New York....
· 1345-1346 655
2. The municipal court in The City of New York, 1350-1384 655-67:3
3. Inferior courts of criminal jurisdiction....... 1390-1418 672-684
4. The marshals....
............. 1424-1429 684-685
CHAPTER XXI.
The acquisition of lands and interests therein for
public purposes.....
1435-1448
686-695
CHAPTER XXII.
GENERAL STATUTES.
TITLE 1. The streets......
2. Amusements ........
3. Birds
4. Commercial paper during epidemic...
5. Pharmacists and druggists...
6. A board of city record....
7. General provisions.....
8. Coroners ........................
. 1454-1466
. 1472-1487
1493
1499-1504
1510-1520
1526-1528
1533-1559
1570-1571
696-702
702-709
709
710-712
1712-717
717-722
722-740
741
CHAPTER XXIII.
PROVISIONS RELATING TO THE COUNTIES AND REPEAL PROVISIONS.
TITLE 1. Provisions relating to the counties........... 1577-1597 742-750
2. Repeal provisions; effect of this act.......... 1608-1620 750-755
TABLE OF CONTENTS.
xiii
APPENDIX I.
SUPPLEMENTARY ACTS.
Page.
757-781
781
782-781
I. L. 1897, ch. 379, amending L. 1896, ch. 909, regulating
elections in Greater New York.
II. L. 1897, ch. 380, providing for boards of supervisors
in counties wholly within the limits of a city, but
not comprising the whole of such city, and defin-
ing the powers and duties thereof..
III. L. 1897, ch. 381, relating to the election of city
officers in The City of New York as constituted by
the charter at the general election in November,
1897 ........
IV. L. 1897, ch. 382, increasing number of magistrates
in criminal courts.......
V. L. 1897, ch. 632, relating to accommodation of city
court of New York, and authorizing fitting up of
parts of city hall for use of municipal assembly...
VI. L. 1897, ch. 735, providing for election of super-
visors in the several wards of the borough of
Queens to be members of board of supervisors of
Queens county...............
VII. Proposed constitutional amendment as to board
of supervisors..
VIII. Proposed constitutional amendment as to limita-
tion of indebtedness...........
784-787
787-788
788-789
789
789-790
APPENDIX II.
Provisions of the New York Constitution relating to
cities ......
791-811
APPENDIX III.
I. Assembly districts of The City of New York, accord-
ing to apportionment of 1895...
II. Assembly districts of the city of Brooklyn, accord-
ing to apportionment of 1895....
812-819
819-835
836-842
• APPENDIX IV.
I. Wards within the former municipality of The City
of New York continued and designated as the
wards of the boroughs of Manhattan and the
Bronx by Charter, § 1578..........................
II. Wards within the former municipality of the city
of Brooklyn continued and designated as the
- wards of the borough of Brooklyn by Charter,
§ 1577..
III. Wards included in borough of Queens.....
IV. Wards included in borough of Richmond..........
842-852
852
852
- xiv
TABLE OF CONTENTS.
Page.
853-906
D
APPENDIX V.
1. The statutory provisions relating to the construc-
tion, alteration or removal of buildings in the
former municipality of the city of New York con-
tinued in force by Charter, $ 647.........
II. The statutory provisions relating to the construc-
tion or alteration of buildings in the former
municipality of the city of Brooklyn continued in
force by Charter, § 647........
III. The statutory provisions relating to the construc-
tion of buildings in the municipality heretofore
known as Long Island City continued in force by
Charter, $ 647.........
906-967
967, 968
969-971
972-1009.
APPENDIX VI.
Provisions of New York City Consolidation Act relat-
ing to the city court of New York continued in
force by Charter, § 1345......
APPENDIX VII.
Provisions of New York City Consolidation Act relat-
ing to the district courts of The City of New York
continued in force by Charter, § 1369.....
APPENDIX VIII.
Provisions of New York City Consolidation Act relat-
ing to marshals continued in force and modified
by Charter, § 1428...........
APPENDIX IX.
Provisions of New York City Consolidation Act relat-
ing to coroners continued in force by Charter,
§ 1571.......
1010-1013
1014-1017
1018-1022
APPENDIX X.
Provisions of New York City Consolidation Act relat-
ing to mechanics' liens against the city continued
in force by Charter, $$ 1608-1610...................
APPENDIX XI.
The statutory provisions relating to the public admin-
istrator of the county of New York continued in
force by Charter, $ 1588...
1023-1036
APPENDIX XII.
Governor Nicoll's charter...
Dongan charter...
Cornbury charter...........
Montgomerie charter....
Act of 1732 confirming charters.
Index
1037
1038-1049
1050-1053
1054-1089
1089-1090
1091-1251
TABLE
OF ALL THE SECTIONS OF THE NEW YORK CITY CONSOLIDATION
ACT (L. 1882, Ch. 410), SHOWING WHICH HAVE BEEN REVISED
IN THE GREATEP. NEW YORK CHARTER, WHICH REPEALED
OR SUPERSEDED, AND WHICH STILL IN FORCE OR UNAF-
FECTED, WITH REFERENCES TO THE SECTONS REPRINTED
IN THE APPENDIXES.
ó
Sec. 1-25. Wards in the city of New York. Reprinted in Appendix IV.
26. Superseded by Cbar. § 3.
27.
66
$ 4.
28. Temporary.
29. Superseded by Char. 88 17 and 18.
30. Revised in Char. & 94.
31.
& 94.
32. 5 66 & 23.
33. “ " $ 23.
34. Superseded by Char. § 96.
35. Revised in Char. § 97.
36. “
$ 98.
372 66
88 99, 270.
38. Superseded by Char. § 410 et seq.
39. Revised in Char. $$ 103, 104.
40. “
§ 105.
§ 1167.
§ 101.
43. 6 6
§ 107.
44.
106.
45.
8 533.
$ 1541.
47.
§ 1542.
8 1543.
$ 1544.
§ 1545.
“ § 1546.
52. [Salaries of various officers.] Superseded by various specific
provisions of charter.
53. Revised in Char. § 1547.
66 66
1548.
" 06
1549.
56. " " $ 1550.
54. 66 66 $ 1551.
58. Superseded by Pen. Code, $ 72.
41.
42.
6
66
တတ တ တ တ
46.
48.
50.
51.
xvi
TABLE OF SECTIONS OF CONSOLIDATION ACT.
B
6Q
2.
.
။
တ တ တ တ တ ၊
တ
59. Revised in Caar. ၌ 1503.
60. ဧ
S 1534.
S 1552.
62. … … ။
S 1553.
63. . . ။
S 1554.
64. “ “ ၌ 419.
65.
S 420.
06.
1526.
- 4 4
8 1527.
68.
… 1528.
69. Superseded by Char. § 573.
70. Revised in Char. § 25.
SS 20, 27, 33.
စေ
27.
စ စ ဌ 37.
74.
39
75.
40.
6. «
8 31.
၃၇. … … . 32.
78. Superseded by Char. 8 32.
9. « ဧ 8 28.
80.
29, 30.
81.
ဧ ဌ် 17 et seg.
82. Temporary.
83. Superseded. See Constitution, in Appendix II.
84. Revised in Chan. $ 41.
85. “ ဧ
5 49.
ဂွ
8 49.
83. … … ။
89. … … ။
90.
52.
91. … … ။
92.
«
S 54.
93. Re-enacted from Code of Civ. Pro. § 126.
94. Obsolete. In re Bd. of Street Opening, 12 Misc. 535.
93. Revised in Chan. ၌ 55.
96. Superseded by Char. § 56.
97. Revised in Char. $ 56.
98.
“ S 57.
99. Superseded by Char. § 137.
100. Revised in Char. ဦ8.
101.
S 59.
102.
103.
104. ဧ ဧ 116.
105.
$ 117.
106.
$ 118.
10. Superseded by Char. 333.
108. I?evised in Char. ၌ 95.
109. Superseded by L. 1896, ch. 112.
တ
86.
.
။
တ
$ 49.
ဌ 51.
တ
S 33.
တ
8 60.
တ
113.
တ
TABLE OF SECTIONS OF CONSOLIDATION ACT..
xvii
Sec.
တ တ
118.
110. Revised in Char. S 119.
111. Superseded by $ 49, subd. 2.
112.
4
113. Revised in Chan. $ 34.
114. “ “ $ 346.
115.
347.
16.
$ 348.
11.
349.
၌ 120.
119. Superseded by 22 U.S. Stat. at ILarge, 214; 23 Id. 23; 24. Id.
414; 15 Id. 566; 26 Id. 1084.
120. Code Cir. Pro. 5 2234.
121. Revised in Char. S 121.
122.
4 S 192.
S 149.
124.
125.
. 4 8 151.
126.
S 161.
127.
S 162.
128. Temporary.
129. Revised in Chan. 163.
130. Repealed by L. 1883, ch. 415.
131. Superseded by Char. ၌ 544.
132. Revised in Chan. 5 109.
133. Superseded by Char. $§ 5 and 169.
134. “ “ ၌ 169.
133. Revised in Char. 172.
136. ဧ ၊
ဌ် 171.
137.
“ 169.
123.
150.
တ
တ
တ တ
၀
138.
4
8 17.
တ တ တ တ တ တ တ တ တ
S 179.
139.
S 170.
140.
177.
141.
S 178.
14.
4 )
143.
180.
144.
8 181.
143.
နွံ 173.
146.
(
မ ) S 182.
147.
$ 183.
148. Superseded by Char. 188.
149. Revised in Chan. S 184.
150. “ “ S 185.
151. Temporary.
152. Repealed by I. 1883, ch. 276.
133. Revised in Char. S 186.
154.
• S 187.
155.
5 186.
156. Temporary.
157. Revised in Chan. S 188.
158.
4
159.
xviii · TABLE OF SECTIONS OF CONSOLIDATION ACT.
Sec.
တ
174.
တ
တ
212.
176.
တ
160. Revised in Char. § 188.
161. " " 66 66
162. Code Crim. Pro. § 873.
163. Revised in Char. § 194.
164. 6 " $ 195.
165.
" 196.
166. See Char. $ 1595.
167. Revised in Char. § 197.
168. "
" § 198.
169. Superseded. See statutes cited under $ 119, ante.
170. Revised in Char. $$ 204, 205.
171.
§ 207.
172.
$ 209.
173.
210.
$ 211.
175.
$ 213.
177.
$ 214.
178.
§ 215.
179.
§ 216.
180.
66 6 S
§ 826.
896.
$ 217.
182. Rendered obsolete by Federal legislation, 22 U. S. Stat. at
Large, 214; 23 Id. 332; 24 Id. 444; 25 Id. 566.
183. Revised in Char. & 218
184. " " $ 219.
185. Temp. Sale of lands for post-office.
186. Revised in Char. § 220.
187. Temp. Lease to Mount Sinai Hospital.
188.
« German Hospital.
189. Revised in Char. § 226.
190. 66 66
227.
191. 6 " 8 228.
192. " " $ 229.
193. Superseded by Char. § 188.
194. Revised in Char. $ 230.
195. Superseded by Char. $ 230.
181.
66
197. Superseded by Char. $ 230, subd. 15.
198. " " $ 230, “ 14.
199. Revised in Char. § 232.
200. Relating to employes of Commrs. of Jurors.
201. Superseded by Char. § 230, subd. 3.
202. Revised in Char. § 233.
203. " " $ 234.
205. 66 66
.$ 236.
§ 236
206. Superseded by Char. g 220.
207. Revised in Char. § 237.
208.
66
209.
$ 239.
66
TABLE OF SECTIONS OF CONSOLIDATION Act.
xix
5 291.
Sec. 210. Revised in Char. § 240.
211.
S 241.
212.
S 247.
213. “ “ $ 248
214.
S 249.
215.
SS 55, 56.
21.
ဌ်၌ 238, 259
217-248. Relating to the public administrator, unaffected by Char-
ter, and reprinted in Appendix XI.
249. Superseded by Char. S 260.
50. Revised in Char. SS 271, 27, 298, 300.
251.
“ 301.
25. Superseded by Char. 315.
253. Revised in Char. S 321.
54.
S 320.
255.
S 393.
256.
S 324.
257.
ဋ္ဌ 309.
258.
S 322.
259.
S 305.
260.
S၌ 271, 359, 360, 362.
261.
310.
262.
S 297.
963.
264.
S 295, 296.
205. Superseded by Char. 8 977, 989, 290.
266. TRevised in Char. SS 202, 293.
267.
S 294.
၌ 284.
269.
$ 308.
70.
S 285.
288.
272.
$ 302.
273.
$ 303.
74.
S 283.
275.
၌ 341.
76.
S 306.
337.
278.
S 311.
S 338.
339.
281.
S 340.
282.
စေ ။
ဌ 315.
283.
284.
285.
လို့ 318.
286.
307.
287. Superseded by Char. g 299.
288. Revised in Char. ဌ် 331.
289.
$ 33.
290.
S 333.
266.
တ
271.
တ တ
တ
တ
တ
27.
တ
279.
280.
တ
တ
316.
တ
$ 317.
xx
TABLE OF SECTIONS OF CONSOLIDATION ACT
"
66
66
တ
302.
တ
& 351.
တ
တ
တ
တ
တ
တ
Sec. 291. Revised in Char. § 334.
292. " " $ 335.
293. 66 66 § 336.
294. Superseded by Char. § 319.
295.
296. Revised in Char. $$ 312, 1324.
297.
§ 325.
298.
$ 326.
299.
$ 327.
300.
§ 328.
301.
§ 329.
330.
303.
304.
352.
305.
§ 353.
306.
307.
308.
§ 356.
309.
§ 357.
310.
$ 342.
311.
§ 343.
312.
$ 344
313.
§ 345.
314.
§ 350.
315. Superseded by Char. § 413 et seq.
316.
$$ 415, 469, 524, 556, 573.
317.
§ 410 et seq.
318. Washington sq. Temp.
319. Superseded by Char. § 415.
320.
§ 415, subd. 2.
321.
66 66 66
§ 524.
323.
§ 524, subd. 3.
324.
§ 524, subd. 7.
325.
§ 523 et seg.
326.
$ 556.
327. Revised in Char. § 438.
328. " " $ 439.
329. " " $ 562.
330. Repealed L. 1884, ch. 455.
331. Revised in Char. § 440.
332.
“ § 563.
333. Superseded by Char. § 561.
334-339. Relating to improvements in and about Morningside Park.
Temp.
339-342. Relating to opening and improving certain streets between
One Hundred and Thirty-eighth and One Hundred and Forty-
third streets, from St. Nicholas to Amsterdam avenue. Temp.
343. Revised in Char. $ 425.
344. Superseded by Char. § 573, subd. 1.
345. Market place in the ninth ward. Temp.
66
66
322.
66
TABLE OF SECTIONS OF CONSOLIDATION ACT.
xxi
Sec. 346. Superseded by Char. § 573, suba. 4.
347. " " $ 573, subd. 5.
348. Regulating and grading, etc., of First ave. Temp.
349. Repealed by L. 1883, ch. 415.
350. Revised in Char. $ 473.
351. “
$ 474.
352. 6 66 475.
353.
§ 476.
354.
§ 477.
355.
$ 478.
356. See Char. ch. X, title 4.
357. Revised in Char. § 479.
358. Lands acquired in Westchester county for aqueduct to revert.
sco casco
Temp.
<
388.
359. Fences to protect lands for aqueduct. Temp.
360. Highways in town of South East. Temp.
361. Revised in Char. § 480.
362. 6 " $ 481.
363. 66
482.
364. Superseded by Char. § 484.
365-383. 66
8 8 486-507.
384. Revised in Char. 516.
385. Superseded by Char. 88 659, 694.
386.
66 66 66
66
387.
66 66
§ 696.
389.
$$ 696, 676.
390. See Char. 660; L. 1895, ch. 612.
391. See Char. § 660: “ “
392. Superseded by Char. § 706.
393-398. Repealed, L. 1896, ch. 545, 548.
399. Revised in Char. $$ 681, 682, 701, 702.
400. 6 6 88 682, 702.
401-402. See Char. ch. 14; L. 1895, ch. 612.
403. Revised in Char. $8 679, 705.
404. 6 " 88 680, 705.
405. See Char. § 712.
406. “ “ $8 662, 664.
407. Revised in Char. 88 659, 694.
408. Superseded by Char. § 672.
409. Revised in Char. § 664.
410. See Char. $$ 662, 664,
411. Obsolete.
412. Superseded by Char. 707.
16
413.
33
414.
(6 6 8 711.
415. Repealed, L. 1896, ch. 545, 548.
416. Revised in Char. § 678.
417. See Char. 88 664, 665 and 666.
418. Revised in Char. § 676.
419. See Char. § 662, and note a.
xxii
TABLE OF SECTIONS OF CONSOLIDATION ACT.
Sec.
425.
တ
တ
တ
တ
တ
တ
တ တ တ တ တ
S 737.
444.
ဧ
20. See Chan. $ 669.
421. Revised in Chan. 8 683.
422. ဧ “ 684.
493. Superseded by Chan. S$ 685, 686.
424. Revised in Chan. ဌ 724.
8 723.
426.
4 : 4 S 726.
427.
27.
48.
728.
429.
729.
430.
| 730.
431.
၌ 731.
432. Superseded by Char. § 255.
433. Revised in Char. Y32,
434.
S Y33.
435.
ဋ္ဌ 734.
436. “ “ $ 735.
437.
… … ဌ 736.
438.
439.
ဋ္ဌ 738.
440.
ဋ္ဌ 739.
441. Superseded by Char. 648.
442. Revised in Char. S 740.
443.
၌ 741.
$ 748.
445.
5 749.
446.
750.
44.
Y51.
448.
752.
449.
၌ 753.
450.
S 754.
755.
760.
453.
454.
769.
455.
၌ 763.
456.
764.
457.
458.
S 766.
င့် 767.
460.
461.
769.
46.
S 770.
463.
771.
464.
772.
465.
S 773.
466. -
779.
467.
780.
ဋ္ဌ 781.
469.
8 782.
9 782.
တ
တ
တ
451.
တ
452.
တ
61.
တ
တ
တ
765.
တ ၊ တ
459.
$ 768.
တ
တ
တ
တ
တ
တ
တ
468.
တ
470.
TABLE OF SECTIONS OF CONSOLIDATION ACT.
xxiii
523.
66
Sec. 471-517. Building Law. Reprinted in Appendix V.
518. Revised in Char. $ 789.
519.
$ 790.
520.
§ 791.
521.
$ 792.
522.
§ 798.
$ 799.
524.
$ 800.
525.
§ 801.
526.
§ 802.
527.
§ 803.
528.
§ 804.
529.
§ 805.
530.
$ 806.
531.
§ 807.
532.
§ 808.
533.
66 66
§ 1168.
534. 66 6
S$ 1179, 1190.
535. 66 66
§ 1176.
536. Superseded by Con. Act, g 501, as amend. by L. 1892, ch. 275,
§ 37.
537. Superseded by Con. Act, § 501, as amend. by L. 1892, ch. 275,
§ 37.
538. Revised in Char. $ 1171.
539.
§ 1201.
540. " " $ 1212.
§ 1210.
542.
$ 1221.
543. 66 66
$$ 1211, 1222,
544. See Char. $$ 1168, 1169, 1209.
545. Revised in Char. § 1209.
546. See Char. $$ 1168, 1169, 1209.
547. Revised in Char. § 1207.
548.
§ 1208.
§ 1170.
66 66
§ 1170.
551.
§ 1170.
552.
66 66
§ 1170.
553.
§ 1225.
554.
§ 1226.
555.
§ 1219.
§ 1220.
557.
§ 1220.
558. 66 66
§ 1220.
559.
§ 1228.
560. Superseded by Char. $ 1184.
561. Revised in Char. § 1214.
562.
$ 1215.
563.
$ 1216.
564. " so
§ 1217.
565. 6 " $ 1218.
541.
549.
66
66
550.
556.
66
se
xxiv
TABLE OF SECTIONS OF CONSOLIDATION ACT.
572.
577.
588.
Sec. 566. Revised by Char. g 1205.
567.
S 1206.
568.
(
စ )
၌ 1203.
569.
S 1204.
570.
5 1169.
571.
S 1169.
၌ 1169.
573.
ဋ္ဌ 1169.
574.
S 1191.
575.
Sဋ္ဌ 1172, 1287.
576.
S 1223.
S 1224.
578.
$ 1176.
579.
၌ 1200.
580.
5S 1177, 1178.
581.
S 1180.
582. See Char. ch. XIX.
583. Revised in Chan. S 1182.
584.
SS 1174, 1168.
585.
S 1175.
586.
S 1183.
587.
S 1184.
S 1185.
589. See Chan. $ 255.
590. Revised in Chan. 1186.
591.
“ ၌ 1187.
59.
၌ 1188.
593. • •
၌ 1189.
594. « «
S 1202.
595. 4
1197.
596.
1198.
597.
1199.
598. Obsolete.
599. Revised in Chan. 9 1196.
600.
၌ 1229.
601.
S 1195.
602.
1236.
603.
1237.
604.
၊
S 1238.
605.
S 1239.
606.
1240.
607.
၌ 1241.
608.
၌ 1247.
ဋ္ဌ 1248.
610.
S 1249.
611.
၌ 1250.
612.
1251.
613.
S 1227.
614.
S 1257.
615.
$ 1258.
1192, 1259,
တ
တ
အ
မ
တ
တ
တ
609.
တ
တ
616.
TABLE OF SECTIONS OF CONSOLIDATION ACT.
XXV
623.
625.
633.
636.
638.
Sec. 617. Revised by Char. § 1259.
618.
5 1259.
619.
၌ 1260.
620.
ဦ၌ 1173, 1261.
621.
S 621.
62.
SX 126, 1287.
S 1963.
624.
၌ 1264.
5 1265.
626.
S 1266.
627.
S 1267.
68.
5 1268.
629.
S 1269.
630.
S 1276, 1176, 1275.
631.
55 1176, 1977.
639.
S 1278.
633.
S 1279.
634.
၌ 1230.
S 1281.
S 1929.
637.
S 1288.
S 1989.
639.
S 1290.
640.
8 1291.
641.
S 1299.
642.
၌ 1293.
643.
S 1294.
644.
S 1995.
645.
S 1296.
646.
၌ 1297.
647.
S 1293.
1998.
649.
၌ 1304.
650.
၌ 1307.
651.
S 1306.
S 1306.
653.
S 1308.
654.
S 1309.
655.
1310.
650.
85 1310, 1312
657.
S 1313.
658.
၌ 1314.
659.
ဦ၌ 1315, 1316.
660.
၌ 1317.
661.
S 1318.
S 1319.
663.
ဋ္ဌ 1320.
664.
၌ 1321.
665.
S 1322.
666.
9 1305.
667.
S 1323.
648.
652.
662.
xxvi
TABLE OF SECTIONS OF CONSOLIDATION ACT.
$ 277.
Sec. 668. Revised by Char. § 612.
669. " " $ 619.
670-674. Superseded by Char. 88 526, 432, 415.
675. Revised in Char. $ 620.
676. Superseded by Char. § 595.
677. 6 6 88 526, 432, 415.
678. Revised in Char. g 620.
679. Superseded by Char. $$ 526, 432, 415.
680. Preparing entrance to American Museum of Natural History,
Temp.
681. Superseded by Char. § 432.
682. Manhattan square to be annexed to Central Park. Temp.
683. Small parks in Fourth avenue. Temp.
684. Washington square. Temp.
685. Repealed by L. 1883, ch. 415.
686. Hunt's Point District. Temp.
687. Broadway between Fifty-seventh and Fifty-ninth street. Temp.
688. Revised in Char. § 612.
689. Superseded by Char. $ 617.
690.
"6
691.
$ 573.
692. Revised in Char. $ 627.
693. " " § 613.
694. Superseded by Char. 88 625, 626.
695.
66
$$ 625, 626.
696. Revised in Char. $$ 613, 622, 623.
697. “ “ $8 613, 621.
698. Superseded by Char. 88 613, 621.
699. Revised in Char. § 615.
700. “ " $ 609.
701. Superseded by Char. § 617.
702.
$ 230, subd. 7.
703. Revised in Char. $ 993.
$$ 546, 534.
705.
88 541, 536.
706.
66 66 $ 542.
$ 543.
§ 544.
709.
§ 544.
710. Superseded by Char. § 541.
711. Revised in Char. $ 818.
712. " " $ 819.
713. Surveys of land formerly in Westchester county. Temp.
714. Revised in Char. & 821.
715,
§ 822.
825.
§ 827.
718. 66 66
719.
SC
704.
707.
708.
တ
716.
717.
828.
တ
$ 829.
1720.
831.
§ 832.
တ
721.
TABLE OF SECTIONS OF CONSOLIDATION ACT. xxvii
"
38
66
Sec. 722. Superseded by Char. § 818.
723.
$$ 847, 848.
724. Revised in Char. $ 833.
725.
$ 834.
726.
$$ 835, 836.
727.
66 66 8 834.
728.
of 66 $ 836.
1729. “ os 8 876.
730. Superseded by Char. $8 817, 818, 819.
731.
88 817, 818, 819.
732.
66
"
§ 819.
733. See Char. $ 877.
734. Revised in Char. § 877.
735. Superseded by 25 U. S. Stat. at Large, 209.
736-739. Prohibiting use of fish poles, nets, seines and other obstruc-
tions in Hudson and Harlem rivers. Unaffected by Char.
740. Revised in Char. § 880.
741. " " $ 878.
742.
6 § 880.
743. Superseded by Char. § 880.
744.
§ 880.
745.
$ 880.
746.
$ 880.
747. Revised in Char. $ 881.
748. Superseded by L. 1882, ch. 160.
749.
" Char. $ 880.
750.
“ 25 U. S. Stat, at Large, 209.
751.
66
Char. $ 880.
752-753.
“ 25 U. S. Stat. at Large, 209.
754. Laying of certain gas pipes and telegraph lines authorized.
Temp.
755. See U. S. Rev. Stat. § 4233.
756. 66
6 6 $ 4653 et seq.
757. Steamboats to run in center of East river. Unaffected
by Char.
758. Superseded by U. S. Rev. Stat. § 4233.
759. See U. S. Rev. Stat. § 4233.
1760. 66 66 66 8 4233.
961 66 66 6 8 4233.
762. Superseded by U. S. Rev. Stat. § 4467.
763. Trespass by excursionists on private lands. Unaffected by
Char.
764. See U. S. Rev. Stat. & 4178.
765. Repealed by L. 1883, ch. 357, and L. 1888, ch. 199.
766. “ “ 1883, ch. 357, and L. 1888, ch. 199.
767-771. Oyster beds in Harlem river. Unaffected by Char.
772. Revised in Char. § 844.
1773.
$ 845.
17974. 66 66 8 846.
849.
1976. 6 6 8 850.
1975.
တ တ တ တ
xxviii (
TABLE OF SECTIONS OF CONSOLIDATION ACT.
.
90.
S 858.
တ
860.
တ
861..
တ
တ
တ
Sec. 777. Revised by Char. & 851.
778.
$ 852
779.
853.
780-782. Superseded by Char. $ 880.
783. See Char, 783.
784. Superseded by Char. § 818.
785.
S 818.
786.
S 825.
787.
S5 847, 848.
788. See Char. ဦ၌ 825, 859, 860.
789. Revised in Char. $ 854.
၌ 835.
791.
၌ 856.
792.
4 4 857.
Y93. Superseded by Char. S825, 859, 860.
794.
Sဋ္ဌ 847, 848.
795.
4
55 847, 848.
796. See Char. ch. XVI.
797. Revised in Char.
798.
859.
799.
800.
801. … … ။
802.
802. «
863.
803.
S 864.
804.
•
ဋ္ဌ 865.
805.
S 866.
806. Toll on canal boats. Unaffected by charter.
807. Revised in Char. 867.
808,
9 808.
809. Superseded by Chan. 847, 848.
810. Revised in Char. S 869.
811.
S 870.
812
၌ 890.
813.
814.
887, 889.
815.
S 891.
816. Superseded by Char. g 432.
817. Revised in Chan. ဦ 892
818.
ဧ
819.
896.
820. «
895.
821.
• 4 8 906.
82.
S 897.
823.
• 4
5 903.
824-826. Reprinted under Char. S 905.
827. Revised in Chan. S 904.
828.
S 907.
829.
S 900.
830.
S 248.
831. ဧ «
၌ 909.
887.
S 894.
တ
တ
တ
တ
TABLE OF SECTIONS OF CONSOLIDATION ACT.
xxix
Sec.
837.
849.
တ
854
တ
တ
929.
တ
83. Revised by Char. $ 910.
833. “ “ 911.
834. ဧ ဧ 912.
835.
S၌ 152, 136.
836.
«
153.
S 154.
838.
« 4 8 155.
839. See Char. ဦ၌ 152-158, 925.
840. Revised in Chan. S 913.
841.
S 914.
842.
၌ 915.
843.
၌ 916.
844,
၌ 917.
845.
၌ 918.
846.
၌ 919.
847.
5 920.
848.
၌ 921.
S၌ 920, 922.
850.
S 923.
851.
၌ 924.
852.
၌ 923.
853.
926.
927.
855.
S 928.
856.
857.
930.
858.
၌ 931.
859. 4 4
၌ 932.
860
၌ 933.
861.
၌ 934.
862. စေ … ။
S 935.
863.
S 936.
864. Superseded by Char. SS 253, 260.
865. Revised in Chan. 943.
866. Superseded by Chan. 945, 946.
867. Revised in Chan. 5 944.
868.
88 491, 946.
869.
4 9 949.
870.
S 947.
871.
“ S 950.
872. Superseded by Char. § 561.
873. Revised in Chan. S 951.
874.
S 951.
875.
4
948.
876.
• 8 953.
877. Superseded by Char. ဦS 594, subd. 3; 930, subd. 1.
878. “
SS 561, 524, subd. 3; 230, subd. 1.
S$ 524, subd. 5; 30, subd. 1.
880.
Sဋ္ဌ 524, subd. 5; 230, subd. 1.
881. Assessment for opening certain streets. Temp.
882. Revised in Char. S 954.
တ
တ
4
879.
xxx
TABLE OF SECTIONS OF CONSOLIDATION ACT.
အ
တ
922.
Seo. 883. See Chan. 5S 832, 954.
884. Revised in Char. $ 49, subd. 17; 5 416, subd. 6.
885. “ “ ၌ 159.
886-895. Relating to land taken for Spuyten Duyvil Improvement. Temp.
896. Repealed by I. 1883, ch. 415.
897. Revised in Char. 958.
898.
959.
899.
ဋ္ဌ 960.
900.
ဧ 8 959.
901 4 4 8 961.
902. Temporary. Proceedings vo vacate certain assessments.
903. Revised in Char. S 962.
904.
963.
905.
8 964.
906-914. Assessments for local improvements on Morningside avenue.
Temporary. See § 915, N. Y. C. Consol. Act.
915. Revised in Char, ၌ 1017.
916.
၌ 1018.
917.
$ 1019.
918. ဧ
၌ 1020.
919.
S 1021.
920. Temporary.
921. Revised in Chan. $ 1022
၌ 1023.
923.
5 1024.
924.
1025.
925. 4
S 1026.
926.
$ 1027.
927.
9 1028.
928.
S 1029.
929.
S 1030.
930. Temporazy.
931. Revised in Chan. $ 1031.
932.
1032.
933.
S 1033.
934. | « «
၌ 1034.
935.
S 1035.
၌ 1036.
937.
S 1037.
938.
939.
5 1039.
940.
S 1040.
941.
5 1041.
942.
5 1042.
943.
S 1043.
944.
8 1044.
945.
946.
S 1046.
947.
S 1047.
948.
5 1048.
949.
$ 1049.
တ
936.
S 1038.
1045.
တ
TABLE OF SECTIONS OF CONSOLIDATION ACT. xxxi
953.
(
၌ 975,
993.
5 980.
Sec. 250. Revised by Char. § 1050.
951.
$ 1051.
952.
$ 1052.
`S 1053.
954.
$ 1054.
955.
S5 426, 432, 433, .435, 436.
956.
Sဋ္ဌ 426, 990.
957. Superseded by I. 1890, ch. 545, and Char. SS 526, 432, A15, 970.
958. Superseded by Char. 426.
959. မေ မေ
970.
960. Opening One Hundred and Twenty-sixth and One Hundred
and Twenty-seventh streets, east of Second ave. Temp.
961. Id.; continued. Temp.
969.
963. Superseded by Char. S 970.
964. Revised in Char. S 970.
965.
55 973, 974.
966. * … ။
967.
$ 976.
968.
$ 977.
969.
Sဋ္ဌ 978, 979.
970.
S 980.
971.
S 999.
97.
973.
974.
991.
975. Superseded by Char. § 985.
976.
“
985.
977. Revised in Char. S 980.
978.
S 980.
979.
S 994.
980.
5 995,
8 980.
982.
9 996.
983.
9 979, 985.
984.
$ 981.
985.
989.
986.
S 986.
987.
S 983.
988.
S 984.
S 985.
990.
991.
S 987.
999.
S 1001.
993.
100.
994. ,
S 1003.
995.
4
S 1004.
996. See Char. Sဋ္ဌ 1003, 1004.
997. Revised in Char. S 1005.
998.
S 1006.
999.
$ 1007.
981.
က
989.
က
က
986.
တ
xxxii TABLE OF SECTIONS OF CONSOLIDATION ACT.
Sec. 1000. Revised by Char. § 998.
1001.
§ 999.
1002.
f 1003,
1003.
$$ 426, 1000.
1004. 66 66 & 971.
1005.
$ 979.
1006.
§ '1008.
1007.
§ 972.
1008. See Char. § 1610.
1009-1021. Closing streets and avenues and damages therefor. See Char.
88 426 and 436.
1022. Superseded by Char. § 1062.
1023.
6 § 1097.
1024.
§ 1097.
1025. Repealed by L. 1896, ch. 387.
1026. Superseded by Char. § 1062.
1027.
$$ 1060, 1068.
1028.
$$ 1085, 1095.
1029.
§ 1055.
1030.
66 66 $ 1057.
1031.
o " $ 1096.
1032. See Char. § 1058.
1033. Superseded by Char. § 1071.
1034.
§ 1098.
1035-1038. Repealed by L. 1896, ch. 387.
1039. Superseded by Char. § 1080.
1040.
$$ 1080, 1081.
1041.
" $ 1073.
1042.
$ 1114.
1043. See Char. ch. XVIII., title 1.
1044. Revised in Char. § 1062.
1045. Superseded by Char. $ 1082.
1046-1048. See Char. ch. XVIII., title 1.
1049. Revised in Char. § 1097.
1050. “ “ $ 1088.
1051. Superseded by Char. § 1056.
1052. See Char. ch. XVIII., title 1.
1053. See Char. § 1104.
1054. Revised in Char. $ 1118.
1055. Superseded by Char. $ 1127.
1056.
§ 1128.
1057.
$ 1129.
1058.
1130.
1059.
§ 1131.
1060.
§ 1132.
1061.
$ 1133.
1062.
§ 1151.
1063.
§ 1152.
1064.
§ 1153.
1065.
$ 1155.
1066.
§ 1154.
တ
တ
တ
TABLE OF SECTIONS OF CONSOLIDATION ACT. xxxiii
1069.
Sec. 1067. Superseded by Char. § 1156.
1068.
§ 1157.
§ 1161.
1070.
$ 1158.
1071.
66 66 $ 1160.
1072.
66 56 $ 1159.
1073. City Hall, defined. Unaffected by charter.
1074. Proclamations as to place of holding court. Re-enacted from
Code Civ. Pro. § 42.
1075. First judicial district. Unaffected by charter.
1076. Special proceedings may be continued before another judge.
Re-enacted from Code Civ. Pro. § 28.
1077. Regularly admitted attorneys to practice. Re-enacted from
Code Civ. Pro. $ 63.
1078. Penalty for violation. Re-enacted from Code Civ. Pro. § 64.
1079. Clerk of the court. Re-enacted from Code Civ. Pro. $ 90.
1080. Service of summons on city. Re-enacted from Code Civ. Pro.
§ 431.
1081. Service of paper by mail. Re-enacted from Code Civ. Pro. § 801.
1082. The calendar. Re-enacted from Code Civ. Pro. $ 794.
1083. Id. Re-enacted from Code Civ. Pro. § 795.
1084. Notices of trial; notice of issue. Re-enacted from Code Civ.
Pro. $ 977.
1085. Money paid into court. Re-enacted from Code Civ. Pro. $ 745.
1086. Judgment in favor of working woman. Unaffected by charter.
1087. Sales; notices. Re-enacted from Code Civ. Pro. $ 1678.
1088. Id.; sales of real property. Unaffected by charter.
1089. Injunction to restrain violation of health laws. Unaffected by
charter.
1090. Id.; scavengers entitled to jury trial. Unaffected by charter.
1091. Revised in Char. § 1260.
1092. Board of assessors not to be interfered with. Unaffected by
charter.
1093. Daily law journal to be designated. Unaffected by charter.
1094. Id.; expense of publishing court calendar. Unaffected by
charter.
1095. Law library for supreme court. Unaffected by charter.
1096. Id.; trustees of State library authorized to deposit duplicate
books. Unaffected by charter.
1097. Id.; penalty for injuring books. Unaffected by charter.
1098. Inebriate asylum; commitment to. Unaffected by charter.
1099. Id.; proceedings upon presentation of petition. Unaffected by
charter.
1100. Id.; justice may issue warrant. Unaffected by charter.
1101. Id.; temporary commitment pending proceedings. Unaffected
by charter.
1102. Id.; discharges from asylum. Unaffected by charter.
1103. Revised in Char. § 262.
1104.
§ 261.
1105.
§ 263.
1106.
§ 264.
66
xxxiv TABLE OF SECTIONS OF CONSOLIDATION ACT.
Sec. 1107. Previous compilation of local laws to be used in evidence. See
Char. 88 1608, 1609, 1610.
1108. Revised in Char. § 230, subd. 11.
1109. Compensation of justices assigned to first district. Unaffected
by charter.
1110. Repealed by L. 1895, ch. 946.
1111. Repealed by L. 1895, ch. 946..
1112. Superseded by L. 1884, ch. 295.
1113. Repealed by L. 1895, ch. 946.
1114. Stenographers. Re-enacted from Code Civ. Pro. § 251.
1115. Repealed by L. 1895, ch. 946.
1116. Court crier. Unaffected by charter.
1117. Motions, where to be made. Re-enacted from Code Civ. Pro.
$$ 769, 770.
1118. Certiorari to review decision of commissioners of taxes and
assessments. Unaffected by charter.
1119. Conflicting pre-emptive rights to leases, etc. Unaffected by
charter.
1120. Id.; sales, how to be made. Unaffected by charter.
1121. Id.; provision in case of infants. Unaffected by charter.
1122. Id.; service of notice of application on non-residents. Unaf-
fected by charter.
1123-1177. The court of common pleas and the superior court were
abolished by New York Constitution, art. 6, § 5, and such
jurisdiction as they possessed was transferred to the
supreme court. See L. 1895, ch. 946.
1178. Surrogate to execute bond. Unaffected by charter.
1179. Superseded by L. 1890, ch. 329.
1180.
L. 1884, ch. 530, $ 2.
1181. (
L. 1889, ch. 290.
1182. Assistants; powers to take oath. Unaffected by charter.
1183. Supreme court; authority to act in certain cases. Re-enacted
from Code Civ. Pro. $ 2486.
1184. Id.; authority, how proved. Re-enacted from Code Civ. Pro.
§ 2487.
1185. Id.; order, what to recite. Re-enacted from Code Civ. Pro.
§ 2488.
1186. Id.; how order may be revoked. Re-enacted from Code Civ.
Pro. § 2489.
1187. Id.; special proceeding. Re-enacted from Code Civ. Pro.
§ 2490.
1188. Id.; transfer of proceedings to surrogate's court. Re-enacted
from Code Civ. Pro. § 249.
1189. Superseded by L. 1884, ch. 530, § 11.
1190. Vacation; decrees may be signed at any place during. Re-
enacted from Code Civ. Pro. $ 2505.
1191. Superseded by L. 1884, ch. 530, § 11.
1192. Publication of citations, etc. Re-enacted from Code Civ. Pro.
§ 2536.
1193. Stenographer. Re-enacted from Code Civ. Pro. § 2512.
1194. Id.; minutes to be written out and preserved. Re-enacted
from Code Civ. Pro. § 2543.
TABLE OF SECTIONS OF CONSOLIDATION ACT. XXXV
robate . Pro snded upon
Sec. 1195. Referee in probate cases. Re-enacted from Code Civ. Pro.
882545, 2546.
1196. Transfer of probate proceeding to supreme court. Re-
enacted from Code Civ. Pro. § 2547.
1197. Supplementary proceedings founded upon surrogate's decree.
Re-enacted from Code Civ. Pro. $ 2554.
1198. Jury trial upon reversal in probate cases. Re-enacted from
Code Civ. Pro. $ 2588.
1199. Public administrator, preference in favor of. Re-enacted from
Code Civ. Pro. § 2643.
1200. Temporary administrator. To deposit in trust company. Re-
enacted from Code Civ. Pro. & 2678.
1201. Penalty for neglect. Re-enacted from Code Civ. Pro. § 2679.
1202. Supreme court judges may act in surrogate's absence. Re-
enacted from Code Civ. Pro. § 2709.
1203. Examination of inventories and accounts. Re-enacted from
Code Civ. Pro. § 2844.
1204. Superseded by L. 1884, ch. 530, § 11.
1205-1278. The city court. Reprinted in Appendix VI.
1279-1440. The district courts. Reprinted in Appendix VII.
1441. Nuisances near boundary lines. Unaffected by Char.
1442. Territorial jurisdiction of criminal courts. Unaffected by
Char.
1443. Subsequent conviction of discharged or pardoned convicts.
Unaffected by Char.
1444. Id.; same subject continued. Unaffected by Char.
1445. Persons found with dangerous weapons, etc. Unaffected by
Char.
1446. Larceny from person to be deemed grand larceny. Unaf-
fected by Char.
1447. Pickpockets. Unaffected by Char.
1448. Superseded by Char. § 1454.
1449.
" $ 1227.
1450. See Char. g 49, subd. 7, § 416, subd. 4.
1451. 6 " 88 347 and 348.
1452. 6 6 88 347 and 348.
1453. Buying stolen goods. Conviction for. See Penal Code, $ 550.
1454. Revised in Char. 8 685.
1455. Id.; threats to abandon, etc. See Code Crim. Pro. g 899.
1456. Revised in Char. $ 686.
1457. See Char. $ 686.
1458. Disorderly conduct. See Char. § 707.
1459. Id.; arrest for. See Char. $ 707.
1460.Id.; discharge, on giving bond. See Char. 707.
1461. Superseded by Char. $$ 710, 707.
1462. “ “ $$ 710, 707.
1463. Repealed, L. 1888, ch. 220.
1464. Vagrants, who to be deemed. See Code Crim. Pro. § 887.
1465. Id.; conviction. See Code Crim. Pro. g 892.
1466. Girls; commitment to reformatory institutions. See Char.
§ 668.
66
xxxvi TABLE OF SECTIONS OF CONSOLIDATION ACT.
1472. Id. Oops Matter of m. paid. See
Sec. 1467. Testimony de bene esse. See Code Crim. Pro. $$ 620-635.
1468. Id.; how taken. See Code Crim. Pro. 88 620-635.
1469. Recognizances to keep peace. See Code Crim. Pro. $$ 899-913.
Comp. Matter of McMahon, 1 N. Y. Cr. Rep. 60.
1470. Id.; filing. See Code Crim. Pro. $8 899-913. Comp. Matter of
McMahon, 1 N. Y. Cr. Rep. 60.
1471. Id.; costs, by whom paid. See Code Crim. Pro. $$ 899-913.
Comp. Matter of McMahon, 1 N. Y. Cr. Rep. 60.
1472. Id.; forfeiture of violated recognizances. See Code Crim. Pro.
$$ 899-913. Comp. Matter of McMahon, 1 N. Y. Cr. Rep. 60.
1473. Id.; discharge. Fines. See Code Crim. Pro. 88 899-913. Comp.
Matter of McMahon, 1 N. Y. Cr. Rep. 60.
1474. Id.; arrest of person violating recognizance. See Code Crim.
Pro. $8 899-913. Comp. Matter of McMahon, 1 N. Y. Cr.
Rep. 60.
1475. Id.; trial of breach. See Code Crim. Pro. $$ 899-913. Comp.
Matter of McMahon, 1 N. Y. Cr. Rep. 60.
1476. Id.; requisites of recognizance. See Code of Crim. Pro. $$ 899-
913. Comp. Matter of McMahon, 1 N. Y. Cr. Rep. 60.
1477. Id.; recognizance in court of special sessions. See Code Crim.
Pro. $8 899-913. Comp. Matter of McMahon, 1 N. Y. Cr.
Rep. 60.
1478. Id.; further recognizances. See Code Crim. Pro. 88 899-913.
Comp. Matter of McMahon, 1 N. Y. Cr. Rep. 60.
1479. Id.; laws generally applicable to. See Code Crim. Pro. $8 899-
913. Comp. Matter of McMahon, 1 N. Y. Cr. Rep. 60.
1480. Id.; duties of district attorney — forfeited recognizance. See
Code Crim. Pro. $8 899-913. Comp. Matter of McMahon, 1
N. Y. Cr. Rep. 60.
1481. Id.; costs and fees. See Code Crim. Pro. 88 899-913. Comp.
Matter of McMahon, 1 N. Y. Cr. Rep. 60.
1482. Id.; judgments; how vacated. See Code Crim. Pro. 88 899-
913. Comp. Matter of McMahon, 1 N. Y. Cr. Rep. 60.
1483. Id.; same subject continued. See Code Crim. Pro. $8 899-
913. Comp. Matter of McMahon, 1 N. Y. Cr. Rep. 60.
1484. Id.; vacating order to be entered. See Code Crim. Pro. 88 899-
913. Comp. Matter of McMahon, 1 N. Y. Cr. Rep. 60.
1485. Id.; effect of bail before other magistrates. See Code Crim.
Pro. $$ 899-913. Comp. Matter of McMahon, 1 N. Y. Cr.
Rep. 60.
1486. Bail; when police justices may take. See Code Crim. Pro.
title 12, ch. 1.
1487. Id.; notice to district attorney. See Code Crim. Pro.
title 12. Chine adiudicated u
1488. Bail; not to be adjudicated upon on habeas corpus. See Code
Crim. Pro. title 12, ch. 1.
1489. Bail; certain persons disqualified to act as. See Code Crim.
Pro. title 12, ch. 1.
1490. Fires; when reduced or remitted. See Code Crim. Pro. $ 484.
1491. Fees in criminal courts forbidden for certain services. Un-
affected by Char.
TABLE OF SECTIONS OF CONSOLIDATION Act. xxxvii
Sec. 1492. Alderman not to sit as magistrate. Unaffected by Char.
1493. Commitments to city prison. Unaffected by Char.
1494. Warrants of arrest. To whom directed. Re-enacted from
Code Crim. Pro. $ 155.
1495. Id.; commitment upon. Bench warrants. Re-enacted from
Code Crim. Pro. $$ 193, 212, 214, 477, 576.
1496. Juvenile delinquents. Re-enacted from Penal Code, $ 701.
1497. Search warrant. Execution and return. Re-enacted from
Code Crim. Pro. § 802.
1498. Commitment of bastard's parent. Re-enacted from Code
Crim. Pro. $$ 852, 856, 867.
1499. Id.; of vagrants. Re-enacted from Code Crim. Pro. 8 B92..
1500. Id.; apprentices or servants. Re-enacted from Code Crim.
Pro. § 930.
1501. Undertakings of disorderly persons to be prosecuted in name
of the corporation. Re-enacted from Code Crim. Pro. $ 905.
1502. Id.; as to bastardy proceedings. Re-enacted from Code Crim.
Pro. $$ 882, 885.
1503. Salary. Residents. Assistants. Unaffected by Char.
1504. Fees. Unaffected by Char.
1505. Id.; district attorney to aid in collecting. Unaffected by Char.
1506-1513. The court of oyer and terminer was abolished by New York
Constitution, art. 6, and such jurisdiction as it possessed
was transferred to the supreme court.
1514. General sessions; jurisdiction. Re-enacted from Code Crim.
Pro. $$ 11, 51, 56.
1515. Division into parts. Re-enacted from Code Crim. Pro. $ 52.
1516. By whom held. Re-enacted from Code Crim. Pro: $ 53.
1517. Terms; duration and extra terms. Re-enacted from Code
Crim. Pro. $ 54.
1518. Accommodations for holding court. Re-enacted from Code
Crim. Pro. § 55.
1519. Recorder; election of. Unaffected by Char.
1520. Id.; a magistrate. See Code Crim. Pro. § 147.
1521. City judge; election; powers; salary. See Code Crim. Pro.
§ 147.
1522. Id.; office; term of attendance thereat. Unaffected by Char.
1523. Judges of general sessions; election; jurisdiction; salary.
See Code Crim. Pro. $ 147.
1524. Id.; office and hours of attendance thereat. Unaffected by
Char.
1525. Obsolete.
1526. Commission to take testimony. Re-enacted from Code Crim.
Pro. § 641.
1527. Testimony de bene esse. Re-enacted from Code Crim. Pro. $ 624.
1528. Witness residing out of county; service of subpoena on. Re-
enacted from Code Crim. Pro. $ 118.
1529. Clerk, deputies, interpreters and stenographers. Re-enacted
from Code Crim. Pro. § 55.
1530. Deputy clerk; appointment; oath of office. Unaffected by Char.
1531. Clerk and deputy; salary. Unaffected by Char.
xxxviii TABLE OF SECTIONS OF CONSOLIDATION ACT.
.
.
66
Sec. 1532. Id.; prohibited from taking fees; stenographer's fees. Un-
affected by Char.
1533. Subpoenas to be furnished on demand. Unaffected by Char..
1534. Court attendants; salaries and removal. Unaffected by Char.
1535. Application of certain criminal laws. Unaffected by Char.
1536. Writ of error to supreme court. Unaffected by Char.
1537. Court may make rules for its own conduct. Unaffected by
Char.
1538. Fines; remission and collection. Unaffected by Char.
1539. Grand jury; time for drawing. Unaffected by Char.
1540. Assault and battery; when complainant may be ordered to
pay costs. Unaffected by Char.
1541. Superseded, L. 1895, ch. 601, and Char. $ 1392.
1542.
L. 1895, ch. 601, and Char. § 1392.
1543.
by Char. & 1395.
1544.
L. 1895, ch. 601, $ 2.
1545.
L. 1895, ch. 601, $ 25.
1546.
L. 1895, ch. 601, § 4, contd in force by Char. § 1392,
1547.
L. 1895, ch. 601, $ 5.
1548.
L. 1895, cha 601, 8 6.
1549.
L. 1895, ch. 601.
1550. Board of police justices to make annual report; contents. See
Char. $$ 128-138.
1551. Superseded, L. 1895, ch. 601.
1552. See Char. $$ 128-138, and L. 1895, ch. 601.
1553. Superseded, L. 1895, ch. 601.
1554.
L. 1895, eh. 601, $ 5.
1555.
L. 1895, ch. 601, 8 6.
1556. Unlicensed attorneys not to practice in police courts. Unaf-
fected by Char.
1557-1559. Removal of police justices. See L. 1895, ch. 601, $ 28.
1560. Wilful false swearing; perjury. Unaffected by Char.
1561. Superseded, L. 1895, ch. 601, $ 24, and See Char. $ 230, subd. 18.
1562. Fines for intoxication or disorderly conduct. Unaffected by
Char.
1563. Vagrancy; form of commitment. See Code Crim. Pro. § 891.
1564. Id.; discharge of vagrants; how effected. Unaffected by Char.
1565. Id.; penalty for violation of last two sections. Unaffected by
Char.
1566. Assault and battery; complainant may be charged with costs
and fees. Unaffected by Char.
1567. Recognizances to keep the peace. Unaffected by Char.
1568. Pawnbroker's books may be examined. See Char. $$ 316, 317.
1569. Superseded by Char. § 1406, and see L. 1895, ch. 601.
1570.
L. 1895, ch. 601, and see Char. $ 1400.
1571.
L. 1895, ch. 601, and see Char. & 1400.
1572.
Char. § 1410.
1573.
Char. 1404, and see L. 1895, ch. 601.
1574.
Char. § 1409, and see L. 1895, ch. 601.
1575. Sentences; transcripts to be filed with sheriff. Unaffected by
charter.
<<
:
TABLE OF SECTIONS OF CONSOLIDATION ACT. xxxix
Sec. 1576. Trial; when court may proceed to. Re-enacted from Code Crim.
Pro. § 742.
1577. Jury; procedure in certain cases where jury is demanded. Re-
enacted from Code Crim. Pro. § 743.
1578. July; court to sit without. Re-enacted from Code Crim. Pro.
§ 744; see L. 1895, ch. 601.
1579. Subpoenas and certificates of judgment to be signed.. Re-
enacted from Code Crim. Pro. $ 745.
1580. Fines, when to be paid; account thereof. Re-enacted from Code
Crim. Pro. § 746.
1581. Id.; sheriff's duties respecting. Re-enacted from Code Crim.
Pro. § 747.
1582. Transcript of conviction as evidence. Re-enacted from Code
Crim. Pro. $ 748.
1583. Procedure before committing magistrate where accused elects
to be tried in special sessions. Unaffected by Char.
1584. Subpoenas; requisites; tests. Unaffected by Char.
1585. Compensation to committed witnesses in certain cases. Unaf-
fected by Char.
1586. Seal. Unaffected by Char,
1587. Recognizances. Unaffected by Char.
1588. Id.; laws relative to, made applicable. Unaffected by Char.
1589. Costs may be charged to persons convicted. Unaffected by
Char.
1590. Recognizance; amount. Unaffected by Char.
1591. Id.; witnesses bound over by. Unaffected by Char.
1592. Report of convictions to be transmitted to secretary of state.
Unaffected by Char.
1593. Superseded by L. 1895, ch. 601; see Char. § 1413.
1594. Society for the reformation of juvenile delinquents. See Char.
§ 668.
1595. Id.; ages of committed children to be ascertained and re-
corded. See Char. § 668.
1596. Id.; disorderly children defined. See Char. § 668.
1597. Id.; in what cases magistrate to issue warrant or commitment. .
See Char. $ 668.
1598. Id.; delinquents may for cause be transferred to penitentiary
or county jail. Unaffected by Char.
1599. Id.; duty of justice on application to transfer delinquent. Un-
affected by Char.
1600. Id.; transferred delinquent; when may be returned to house
of refuge. Unaffected by Char.
1601. Id. persons committed to house of refuge not to be discharged
for informalities. Unaffected by Char.
1602. American Female Guardian Society. Unaffected by Char.
1603. Id.; notice to be delivered to parent or guardian of child. Un-
affected by Char.
1604. Id.; proceedings after service of notice. Unaffected by Char.
1605. Id.; second commitment. Unaffected by Char.
1606. Id.; commitments for insufficient cause. Unaffected by Char.
1607. Id.;certain committed children may be brought before magis-
trate. Unaffected by Char.
x1
TABLE OF SECTIONS OF CONSOLIDATION ACT.
.
Sec. 1608. New York Juvenile Asylum. Unaffected by Char. ..
1609. Id.; notice to be served on child's parent or guardian. Un-
affected by Char.
1610. Id.; proceedings after service of notice. Unaffected by Char.
1611. Id.; 'superintendent of asylum to post notices in police station
near child's residence. Unaffected by Char.
1612. Id.; truant children to be committed. Unaffected by Char.
1613. Id.; runaway children, or associates of vicious persons. Un-
affected by Char.
1614. Id.; second arrest. Unaffected by Char.
1615. Id.; discharge of children from institution; when authorized.
Unaffected by Char.
1616. Id.; transfer of certain children. Unaffected by Char.
1617. Home for Christian Care. Unaffected by Char.
1618. New York Catholic Protectory; commitment to. Unaffected
by Char.
1619. Id.; notice to be served on child's parent or guardian. Un-
affected by Char.
1620. Id.; notice; how to be served. Unaffected by Char."
1621. Id.; proceedings thereupon. Unaffected by Char.
1622. Id.; removal of child to the asylum. Unaffected by Char.
1673. Id.; discharge of children. Unaffected by Char.
1624. Id.; child may be returned to committing magistrate. Unaf-
fected by Char.
1625. Hebrew Benevolent Society; commitments to. Unaffected by
Char.
1626. Shepherd's Fold of the Protestant Episcopal Church; commit-
ments to. Unaffected by Char.
1627. New York Infant Asylum; commitments to. Unaffected by
Char.
1628. Id.; notices to parent or guardian of child. Unaffected by
Char.
1629. Id.; proceedings thereon. Unaffected by Char.
1630. Id.; duration of custody over child committed. Unaffected by
Char.
1631. Id.; discharge of children. Unaffected by Char.
1632. Id.; transfer of certain children to committing magistrate.
Unaffected by Char.
1633. Jurisdiction ceded to United States; harbor, post-office, custom-
house sites, etc. Unaffected by Char.
1634. Commissioner of jurors; salary. Unaffected by Char.
1635. Allowance for contingent and incidental expenses. Unaffected
by Char.
1636. To execute bond. Unaffected by Char.
[The statutes of which &$ 1637–1648 and 1651 are a re-enactment
were repealed by L. 1896, ch. 548.]
1637. To be judge of qualifications of grand jurors and determine
claims for exemption. Unaffected by Char.
1638. Grand jurors; how, and by whom selected; certain designated
officers to constitute a board. Unaffected by Char.
1639. Board meetings and quorum. Unaffected by Char.
TABLE OF SECTIONS OF CONSOLIDATION ACT.
xli
Sec. 1640. Id.; commissioner of jurors to attend meetings. Unaffected by
Char.
1641. Selection of persons to serve as jurors and list to be made.
Unaffected by Char.
1642. List may be filled up. Unaffected by Char.
1643. Id.; what to contain. Unaffected by Char.
1644. Id.; drawing names. Unaffected by Char.
1645. Id.; no person to serve unless included in list. Unaffected by
Char.
1646. For what terms grand jurors to be drawn. Unaffected by
Char.
1647. Undrawn names; how disposed of. Unaffected by Char.
1648. Summoning; fines for non-attendance. Unaffected by Char.
1649. Additional grand jurors when petit jury are drawn. Unaf-
fected by Char.
1650. Clerk of court to notify aldermen in certain cases. Unaffected
by Char.
1651. Two grand juries may sit contemporaneously; not to interfere
with each other. Unaffected by Char.
1652. Trial jurors; qualifications. Re-enacted from Code Civ. Pro.
§ 1079.
1653. Resident, defined. Re-enacted from Code Civ. Pro. § 1080.
1654. Exempted persons. Re-enacted from Code Civ. Pro. § 1081.
1655. Id.; evidence of right to exemption. Re-enacted from Code
Civ. Pro. § 1082.
1656. Id.; military officers required to certify persons performing
military duty. Re-enacted from Code Civ. Pro. § 1083.
1657. Jury year, defined; when person entitled to discharge for prior
service. Re-enacted from Code Civ. Pro. § 1084.
1658. Excuses for temporary periods, when allowed. Re-enacted
from Code Civ. Pro. 1085.
1659. Id.; when jurors to be excused only on showing certain facts.
Re-enacted from Code Civ. Pro. § 1086.
1660. Id.; person applying to be excused to bring notice; excuse to
be endorsed thereon. Re-enacted from Code Civ. Pro. & 1087.
1661. Id.; person serving elsewhere, excused. Re-enacted from Code
Civ. Pro. § 1088.
1662. Clerk of court to certify as to attendance, fines, etc., of jurors.
Re-enacted from Code Civ. Pro. § 1089.
1663. Commissioner of jurors to select trial jurors; general powers.
Re-enacted from Code Civ. Pro. $ 1090.
1664. Id.; may appoint assistants. Re-enacted from Code Civ. Pro.
$ 1091.
1665. Id.; all public officers to assist. Re-enacted from Code Civ. Pro.
8 1092.
1666. Id.; to be provided with proper accommodations by commis-
sioners of the sinking fund. Re-enacted from Code Civ. Pro.
§ 1093.
1667. Id.; to prepare lists of jurors and publish notices to hear
claims to exemption. Re-enacted from Code Civ. Pro. $ 1094.
1668. Id.; may serve notices to attend to testify as to liability to act
as jurors. Re-enacted from Code Civ. Pro. & 1095.
xlii
TABLE OF SECTIONS OF CONSOLIDATION ACT.
Sec. 1669. Id.; to file lists of jurors. Re-enacted from Code Civ. Pro.
1670. Id.; old ballots to be returned and new ones to be deposited;
supplemental lists. Re-enacted from Code Civ. Pro. $ 1097.
1671. Id.; number of jurors to be drawn to be fixed by order of court.
Re-enacted from Code Civ. Pro. § 1098.
1672. Id.; when jurors to be drawn; officers to be present at draw-
ing. Re-enacted from Code Civ. Pro. § 1099.
1673. Drawing; notice thereof to be posted. Re-enacted from Code
Civ. Pro. § 1100.
1674. Id.; procedure where officers do not attend. Re-enacted from
Code Civ. Pro. § 1101. -
1675. Id.; continued. Re-enacted from Code Civ. Pro. § 1102.
1676. Id.; how drawing conducted. Re-enacted from Code Civ. Pro.
$ 1103.
1677. Id.; trial jurors to be drawn for each part of a term. Re-
enacted from Code Civ. Pro. § 1104.
1678. Notice by commissioner to jurors drawn. Re-enacted from
Code Civ. Pro. $ 1105.
1679. Id.; by sheriff. Re-enacted from Code Civ. Pro. § 1106.
1680. Id.; clerk of court to certify as to mode of service. Re-
enacted from Code Civ. Pro. § 1107.
1681. 'New panel may be ordered drawn by the court; drawing, how.
to be made. Re-enacted from Code Civ. Pro. $ 1108.
1682. Non-attendance of trial jurors; fines for, and remission
thereof. Re-enacted from Code Civ. Pro. § 1109.
1683. Id.; juror may be arrested and compelled to serve. Re-enacted
from Code Civ. Pro. § 1110.
1684. District courts; selection of trial jurors for. Re-enacted from
Code Civ. Pro. § 1111.
§ 1112.
1686. Delinquent jurors; enforcement and remission of fines. Re-
enacted from Code Civ. Pro. § 1113.
1687. Repealed, L. 1889, ch. 343.
1688 “ L. 1889, ch. 343.
1689. & L. 1889, ch. 343.
1690. Orders for enforcement of jury fines; entries to constitute
liens. Re-enacted from Code Civ. Pro. $ 1117.
1691. Account for jury fines to be kept, etc. Re-enacted from Code
Civ. Pro. § 1118.
1692. Collection of fines; counsel to corporation to assist in. Re-
enacted from Code Civ. Pro. § 1119.
1693. False certificate by physician; penalty. Re-enacted from Code
Civ. Pro. & 1120.
1694. All persons required to furnish information; penalty for re-
fusal. Re-enacted from Code Civ. Pro. $ 1121.
1695. Bribery to secure exemption, excuse or discharge from jury
service. Re-enacted from Code Civ. Pro. & 1122.
1696. All persons prohibited from taking bribes to assist evasions
of jury duty. Re-enacted from Code Civ. Pro. § 1123.
TABLE OF SECTIONS OF CONSOLIDATION ACT.
xliii
Sec. 1697. Id.; to disclose offers of bribes, etc. Re-enacted from Code Civ.
Pro. $ 1124.
1698. False swearing upon inquiries. Re-enacted from Code Civ.
Pro. $ 1125.
1699-1711. Marshals. Reprinted in Appendix VIII.
1712-1713. Superseded by L. 1892, ch. 683, § 81, as amd. by L. 1893, ch. 248,
and L. 1894, ch. 88.
1714. Sheriff's bond. Superseded by L. 1890, ch. 523, as amd. by L.
1891, ch. 316; L. 1892, ch. 418; L. 1894, ch, 447.
1715. Jails; custody of. Re-enacted from Code of Civ. Pro. $$ 120,
145.
1716. Superseded by L. 1895, ch. 718.
1717. Orders of arrest; attachment, etc., to be issued to sheriff. Un-
affected by Char.
1718. To report criminal convictions to secretary of state. Unaf-
fected by Char.
1719. Superseded by L. 1895, ch. 826.
1720. Vacancy in office; how filled. Unaffected by Char.
1721. To reside in New York city; deputy authorized to act in ab-
sence. Unaffected by Char.
1722. Superseded by L. 1884, ch. 299.
1723.
Ý L. 1884, ch. 299.
1724. “ “ L. 1884, ch. 295.
1725.
4 L. 1884, ch. 299.
1726. “ “ L. 1884, ch. 299.
1727. Appointment of assistants. See L. 1884, ch. 295, 299.
1728. Account of fees, etc., to be kept. See L. 1884. ch. 299.
1729. Id.; transcript to be transmitted monthly to comptroller.
See L. 1884, ch. 299.
1730. Compensation to assistants; when to be allowed. See L. 1884,
ch. 295.
1731. Penalty for wrongful taking, or failure to account for fees.
See L. 1884, ch. 299.
1732. Superseded by L. 1884, ch. 295.
1733. Recopying of mutilated and injured records authorized. Un-
affected by Char.
1734. Clerk not to act as register. Unaffected by Char.
1735. Custodians of records in clerk's office to be appointed. See
L. 1884, ch. 295.
1736. Superseded by L. 1884, ch. 299.
1737. Register; election of. See L. 1895, ch. 826.
1738. Vacancies; how filled. Unaffected by Char.
1739. To reside in New York City. Unaffected by Char.
1740. Superseded by L. 1884, ch. 531.
1741. Hours during which office to be kept open. See L. 1886, ch. 232;
L. 1887, ch. 185.
1742. Superseded by L. 1884, ch. 531.
1743. “
L. 1884, ch. 531.
1744. Duties formerly performed by county clerk. See L. 1893,
ch. 536.
xliv
TABLE OF SECTIONS OF CONSOLIDATION ACT.
Sec. 1745. Transcripts of records certified by register; evidence. Unaf-
fected by Char.
1746. Satisfaction of taxes, debts, duties and demands. Unaffected
by Char.
1747. Superseded by L. 1889, ch. 349; L. 1893, ch. 536.
1748. Conveyances to be recorded. Unaffected by Char.
1749. Id.; continued. Unaffected by Char.
1750. Superseded by L. 1889, ch. 349.
1751.
L. 1889, ch. 349.
1752.
L. 1889, ch. 349.
1753. Chattel mortgages. See L. 1884, ch. 315.
1754. Id.; renewal. Unaffected by Char.
1755. Id.; copies in evidence. Unaffected by Char.
1756. Id.; chattel mortgages to be numbered. Unaffected by Char:
1757. Superseded, L. 1884, ch. 531.
1758. Deposit of papers with register. Unaffected by Char.
1759. Id.; when not to be taken out of office. Unaffected by Char.
1760. Id.; deposit of wills with register. Unaffected by Char.
1761. Id:; when and to whom delivered. Unaffected by Char.
1762. Superseded L. 1884, ch. 531.
1763. “
L. 1884, ch. 531.
1764. Loan commissioners; mortgages to, and indexes, where to be
deposited. Unaffected by Char.
1765. Superseded by L. 1884, ch. 531.
1766-1779. Coroners and inquests. Reprinted in Appendix IX.
1780-1806. The court of arbitration of the chamber of commerce of the
State of New York. Unaffected by Char.
1807-1823. Repealed by L. 1885, ch. 343, § 26.
1824-1838. Liens against city upon municipal contracts. Reprinted in
Appendix XI.
1839-1931. These sections regulating elections in the city of New York,
with the exception of gg 1845, 1849, 1862, 1863, 1867 and 1930,
have been expressly repealed by L. 1896, ch. 909, § 168. The
last-mentioned statute is entitled “An act in relation to elec-
tions, constituting chapter six of the general laws,” and has,
pursuant to the report of the commission (see report in
introductory), been amended in important particulars by
L. 1897, ch. 379, reprinted in Appendix I. The sections not
repealed as above mentioned are revised in Char. as follows:
§ 1845. Revised in Char. $§ 271, 360.
$ 1849. " " $ 361.
$$ 1862, 1863. Although not expressly repealed by L. 1896,
ch. 909, seem to be superseded by contradictory pro-
visions therein as to registration of voters.
$ 1867 is a special provision as to chief of bureau of elec-
tions compiling list of deaths of males from records
of police or health departments.
§ 1930. Revised in Char. $8 364, 367.
1932. Revised in Char. $ 1454.
1933. " " $ 1455.
TABLE OF SECTIONS OF CONSOLIDATION ACT.
xlv
"
1954.
Sec. 1934. Superseded by Char. § 1454.
1935. "
$ 1454.
1936. Revised in Char. $ 1456.
1937. 66 " $ 1456.
1938.
66 66 $ 1456.
1939. Processions and parades not to march upon car tracks. Un-
affected by Char. See Char. § 1457.
1940. Revised in Char. § 1457.
1941. " " $ 1457.
1942. 66 " $ 1457.
1943. Superseded by Char. $$ 45, 73, 74.
1944. Elevated railway not to run through certain streets. Unaf-
fected by Char.
1945. Steam railways not to be constructed on certain streets. Un-
affected by Char.
1946. Id.; continued. Unaffected by Char.
1947. Revised in Char. $ 1458.
1948. 66 6
1459.
1949. 56 65 $ 1460.
1950-1951. See Char. $81458-1460.
1952. Revised in Char. $ 1461.
1953.
$ 1462.
. 65 66 $ 1463.
1955.
§ 1464. '
1956. Person to be deemed guilty unless, etc. Unaffected by Char.
1957. Superseded by Char. § 1465.
1958. 56 "
595.
1959.
66 66 88 608, 612.
1960. Bridge; Ninety-seventh street and Fourth ave. Temp.
1961. Fourth ave. closed to foot-passengers at Ninety-eighth street.
Unaffected by Char.
1962-1965. Superseded by Char. § 436. See Char. $$ 951-953.
1966-1977. Regulations as to ferries. Unaffected by Char. See Char.
$$ 45, 48, 71, 83, 180, 818, 826.
1978. Revised in Char. § 598.
1979. Superseded by Char. $$ 595, 598.
1980. Revised in Char. § 595, subd. 3.
1981. 6 6 8 599.
1982. 6 6 8 600.
1983. All sales to be made by qualified auctioners, etc. Unaffected
by Char. See Char. $$ 34 and 316.
1984. Port-wardens to attend sales of wreckage, etc. Unaffected by
Char. See Char. $$ 34 and 316.
1985. Revised in Char. § 34.
1986. List of bonds filed to be kept by county clerk. Unaffected by
Char. See Char. & 34.
1987. Auction sales to be advertised. Unaffected by Char. See Char.
$$ 34 and 316.
1988. Id.; penalty for violating foregoing section. Unaffected by
Char. See Char. 88 34 and 316.
xlvi
TABLE OF SECTIONS OF CONSOLIDATION ACT.
2003.
Sec. 1989. Duties to state; when to be paid. Unaffected by Char. See
Char. $$ 34 and 316.
1990. Id.; how payment to be made. Unaffected by Char. See Char.
$$ 34 and 316.
1991. During what hours sales to be made. Unaffected by Char. See
Char. $$ 34 and 316.
1992. False representations by auctioneers. Unaffected by Char,
See Char. $$ 34 and 316.
1993. Id.; damages for. Unaffected by Char. See Char. 88 34 and 316.
1994. Revised in Char. $ 34.
1995. Fees. Unaffected by Char. See Char. 88 34 and 316.
1996. Id.; not to be divided with certain officers. Unaffected by Char.
See Char. $$ 34 and 316.
1997. Id.; violations of preceding sections. Unaffected by Char. See
Char. $$ 34 and 316.
1998. Revised in Char. & 1472.
1999.
§ 1473.
2000.
§ 1474.
2001.
§ 1475.
2002.
§ 1476.
§ 1477.
2004. 66 66
§ 1478.
2005.
66 66
§ 1479.
2006.
§ 1480.
2007.
66 66
§ 1481.
2008. See Char. § 353, subd. 9.
2009. Revised in Char. $ 1482.
2010.
§ 1483.
2011. « «
$ 1484.
2012. 66 66
$ 1485.
2013. 66 66
$ 1486.
2014.
§ 1487.
2015.
$ 1510.
§ 1511.
2017.
§ 1512.
2018.
1513.
2019.
§ 1514.
2020.
§ 1515.
2021.
§ 1516.
2022.
$ 1517.
2023.
§ 1518.
2024.
§ 1519.
1493.
2026. 66 66
1499.
2027.
1500.
$ 1501.
2029.
66 66
$ 1502.
2030.
$ 1503.
§ 1504.
2032-2068. Emigrants. These sections have been rendered inoperative by
Federal legislation. See 22 U. S. Stat. at L. 214; 23 Id. 332;
24 Id. 414; 25 Id. 633; 26 Id. 1084.
အ
တ
2016.
တ
တ
တ
တ
တ
တ
2025.
တ
တ
တ
2028.
2031.
TABLE OF SECTIONS OF CONSOLIDATION ACT.
xlvii
2069-2084. Protection of sailors. Unaffected by Char.
2085-2092. Port-wardens. Unaffected by Char.
2093-2123. Sandy Hook pilots; appointment, powers, duties and fees.
Unaffected by Char. [These sections are in the main re-
enactments of L. 1847, ch. 69; L. 1853, ch. 467, and L. 1857,
ch. 243, which were repealed by L. 1896, ch. 548.] But see
L. 1884, ch. 90, as amd. L. 1889, ch. 202; also Penal Code,
$$ 398, 399,
2124-2142. Hell Gate pilots; appointment, powers, duties and fees.
Unaffected by Char. [These sections are in the main re-
enactments of L. 1847, ch. 69; L. 1853, ch. 467, and L. 1857,
ch. 243, which were repealed by L. 1896, ch. 548.] But see
L. 1884, ch. 90, as amd. L. 1889, ch. 202; also Penal Code,
$$ 398, 399.
2143. Obsolete.
TABLE
SHOWING WHAT ACTS AND PARTS OF ACTS ARE INCLUDED IN THE
CONSOLIDATION ACT.
For the convenience of those desiring to trace the statutory
sources of the sections of the Consolidation Act, many of which
have been revised in the Charter, the following table is reprinted
from the author's annotated edition of the Consolidation Act.
REVISED STATUTES.
Sections.
Soctions.
Part 1, ch. 1,
1, tit. I, sec. I......
| Part 1, ch. 17, tit. 1, sec. 32, 33. . 1989, 1990
3......
I, 17, 1, 38 ........ 1991
I, 20, 10, 12 . ....... 755
I, 20, 10, 16 ........ 738
2, 4, 2, 12-17 ....... 755
15.... 1513, 1739
2026-2031
15 .... 1504, 1721
6, art. I, sec. 1-46,
49.... 1720, 1738
217–247
68, 69, 75 ... 1714 3, 7, 3, sec. 63–69......1758–
1715
1761
6, 9....... 1983: 4, 2, I, 22......... 1442
1, 17, 1, 21, 22.. 1987, 1988 1 4, 2, 4, 62 .. 1511, 1533
....
I
2
2-15
whiccom wwwga
. .....
.........
Him forrinoni nini
.
STATUTES.
1803, ch. 70, sec. 10.........
94
982
об
REVISED LAWS, 1813.
Ch. 86, sec. 39, 40 ........
...... 1460 Ch. 86, sec. 181 ........
...............
183-186 ........... 992-995
81, 82........ ... 450, 451
187, 188.......... 966, 967
.................
198, 199........
...... 1933
148............. 1285, 13641
200 .................. 004
159 ...........
1744
206-211 ......... 1953-1957
160 .........
..... 1734
212 .................. 790
161-165 ......
1744-1747
230 .............. ..
............ ....
..........
170-174 ... .. 1748-1751
263.........
175
878
264, 265 ...
177.
.... ... 963
267......
178 .... .964, 968, 969, 970
270, 271. ..
976, 977, 979, 980
272, 273 ..........
989, 990, 1004 |
274 ......... ......
uw
1814, ch.
29, sec.
..........
078
52,
86 1817,
84
SESSION LAWS.
861 1816, ch. 160, sec. I......
25,
I.. ...........
...... 1493 | 1818, 210, I.........1003, 1010
.... 963, 973
2..........
...1005, IOII
...... ...... 996
I-II.......IOIO-1022
......... 970 | 1819,
14-18.......2135-2139
1815,
152,
I
........
2
213,
1816,
81,
TABLE OF LAWS.
2......
......
IÓI,
aminif::
in::
86
256,
I...............
199,
Bironico
•
90
850
si
1....
1831,
wonico od
238,
Sections. I
Sections.
1819, ch. 18, sec. 29, 30, 32....2140-2142 1840, ch. 326, sec. 1,7 ...869, 870, 981
..... 935 | 1841, 170, 1, 2........936, 937
..... 1286
I7I, 1 .............. 871
1821,
5.........87, 106
g.............. 927
1822,
15,
................ 80
230, 1,6.936,938,939, 940
IOI,
....... 726
332,
1............... 1649
1823,
2, 4...... ..1504, 1505 / 1842, 130, 2,6..1719, 1720, 1737
1824,
49, 1, 2.......
......879, 880
14............ 1931
126,
4.............
..... 1594
225,
86
1828, 137, 3, 9, 14....1172, 1173
432, 13.....1175, 1176, 1204
1174 | 1843,
1............... 1752
1829, 270, 1, 2....... ... 2008
3................
314,
.......... 755
230, art. I, sec. 4..........
1830, 42,
.. 1539
6-8...838,
.1510, 1530
9, 10......
........ 824
II.......
..... 1740
12. .....836,
...1720, 1738
art. 2, sec. 2......... 833
222,
.......... 716
3, 4, 6.842, 843
I............... 1073
10-14....855-858
1832,
I, 2..........10, 15
15, 16, 17... 848
II..... ........ 2134
art. 3, sec. 10........ 948
1833,
1, 2, 3.....1464, 1465
II ....851, 942
5......... 1448, 1932
12......... 936
......... 1469
14-17.... 938
.... 1454
939, 940
8.......... .... 1461
...
235, sec.
. 5........
.....936, 937
... 1486 1844, 125,
..... 1762, 1763
10.......... .
... 1540
3....
II.......... 1443
1444
5....
13.... ........ 1453
6.............
14..............
315, art. 4, sec.
15.... . ...
I7.........
..86, 89
8.
...... 1463
20........
... 86
II........ 1467
279, 1-6 ........1753-1757 |
31, sec. 1, 2.... ...... 737
313, 2...........106, 1589
137,
362
1834,
147, I, 2. ....
201,
1,......
751
256, 15.......... ..86, 384
308, 2........
1835, 122, 1, 2, 3.... 721, 882 1846
I, 2........
5.. .....
883
5, 6, 7.....
1836,
1, 2....... 13, 17
279, 1, 2 .....
1-4 ......
359
302, art. 2, sec. 8......2 1568
1837,
I, 2..........12,
2......
1491
1, 2......
85
7.......... 1489
5.....
.... 1440
.. 1487
........ 1390
9.......... 1468
II,
89 1847, 69, sec. 1-8 .......2124-2132
297, 1...........91
91, 1506
IO.... ........... 2133
1839,
13,
5........ ...... 2005
391, 1-5..........119-1122
4.. ........... Іобо
432,
I............... 1726
209,
I.......... ....
.. 990
3,6............ 1722
965
.1177, 1727, 1732
3........
975
.....1727-1731
Іобg
13.....
1736
... ...... 984
.....1180, 1519
...... ....
987
3...............
7............ 1003
2....... ......
8,........... 999 1848,
I, 2.... ....1119, 1120
12........... 1000
......... 100
349,
.. 7551
........... 10
nhmi wil
12....
86
C
::FO00w::::
4.....
:
18. .......
9....
1845,
1, 2 ...
.....
87
XEA
16,
OKUU
62,
1986
49,
RU
18
461,
Wo
8....
481,
6...
1838,
17....
200,
.
.
inno ori
wir mi amino noo
.
.
I....
10
.
.
.
.
.
TABLE OF LAWS.
ifr
inn:a
1. 2.....
1058
39....
124,
144
350,
478,
........873,
...... 1766
201
3.
5......
niin nimi virinchi wisit troonika
at :::innin
75,
Sections.
Sections.
1848, ch.219, sec.
.... 2033 1851, ch. 386, sec. 30-32 .... .1041, 1044
......... 115
1046, 1047
......2050, 2051
33–35 ......1043, 1048
..116, 2052
1051
321
..... 757
35-38 ......1033, 1045
8............... 824
28.
...........12
1041
13.............. 1176
415, 1, 2 ....... .. 1441
II, 12, 13........ 1416
423, I...... .......
86
345, 4....... ....... 183
453, 1, 2 ........17, 21
II...
560
1-5....767, 768,
4..........326, 357
770
17, 18....86, 350, 362
514,
1281
363
2.......... . 86
20, 27........353, 355
....... ...
IOO
436, 6.......... .284, 1568 1852,
I............
826
24-26........
832
I, 2.....
1962
27........ 833, 841
3, 4....
876
29, 30........842, 845
I............. 1281
31.............. 843
I............. 827
35......... ..
I.............
2.........13, 20
7........... .. 1108
I, 3............ 1182
1 206, 1207
205,
1, 3........... 1521
144
4......... 1522, 1523
........... 1633
6.............. 1521 | 1853,
......... 602
275, tit. 2, sec. 26, 27 ..... 556
..... 606
28.... .... 557
138, 3, 4...113, 1985, 1994
29.........
142, 1-4........1723-1725
tit. 3, sec. 5, 6, 7..541, 551
218, I-3........... 2035
555
4-6 .......2036-2038
8, 10..550, 608
...... 2053
II, 12...611 612
8, 9.......2054, 2055
13..... .. біо
2
2.... ....19, 22
14-16 ......
........
17, 18 ..... 545
14........
1029
20, 21 .... 546
15........
22, 23...... 547
24, 25 .. 548
406, 1..
-
.......
826
27. ....
610
448, 1, 2.........20, 23
28.......
628
467, 1-4........... 2093
29, 30 .... 559
5 . ......
.... 2094
37..... 573
6, 7 ........... 2095
329, sec. 9...... ... ..... 413
8.......
... 2096
1851,
3...............
9-16.... ..2097-2104
's............
....... 2106
332,
2........1608-1010
18–20......2109-2111
13–17... ....1612–1616
21 ......... .. 2108
28.............. 28
22-25......2112–2115
30.............. 1066
26–28......2116-2118
2......... 1,026, 1027
1-4........1638–1641
1028, 1060, 1061
5-8..1643–1645, 1647
..... 1033
... 1649
...... 1052
9.............. 1650
.. 1031
529,
1.............. 1432
10...... 1034, 1035
I...... ......
II, 12......1039, 1040
7, 9-13 ... ..921-925
13, 14... ..1028, 1054
15, 16... ..910,
951
18............ 1062
17 ..........86, 952
20–22 ......1064, 1065
18..........
.... 150
1066
3......... .... 930
23-25 ......1027, 1029
1, 2.......1740, 1743
1037
3, 4 ........... 1420
26–29.. 1027, 1036, 10671
619,
1, 2, 4 .....2039-2041
558
544
..... 1066
301,
348;
1067
19
1..............
824
498,
0
.........
Oni ninocoon
579,
869
617,
TABLE OF LAWS.
1-4.....
198,
1170,
1......
.......
921
671,
824
609
1855,
6,
268,
2..........
Awinio
732
I....
110
226,
con cinn : on
ללך
474
7.....
255,
................
::Wivu:
522
261,
..
.
To
282,
210,
....
I
19,
243,
338,
Sections. i
Sections.
1854, ch. 101, sec. 2.........1026, 1027 1857, ch. 344, sec. 80, 81... .....1437
122, 2.............. 1002
367,
..786–788
142, 12, 14..... 88, 1948
405, 1-8........2085-2092
15, 16.. ..1950, 1951
5.............. 1984
17 ..........86, 1952
446, 48......1508, 1520, 1521
2, 3.......II II71
1523
267. I.........I 1039
548, I-9..........522-531
2............. 1030
579, I-3........2045-2047
335,
5.............. 2048
2............
I.............. 740
5, 7.......552,
3-6..........780-783
8-10....542, 543, 587
7....
............ 748
I............
• 474
8-10.........777-779
112, 17............ 434
12–14.736, 756, 764
I-3.......
....1563-1565
15, 17, 18...771, 810
337, I-4 ....... 1536
763,
5............ 1538
771,
3......
701
.. 1537 1858, 43,
194
7......... ....
44, 2............... 1712
1.............. обз
I-5...... ..2059–2063
••• 771
0, 7........ ... 2032
............ 2034
3...........780, 782
556,
........762, 763
1-4... ..... 793-796
575,
.194, 1109
5............... 757
1856, 57,
.... I6II
2, 3, 5.....1574, 1575
6-8 .......1572, 1573
1857,
I, 5....
826, 1633
295,
I.........
... 811
1-5...
2119
334, I..........
..... 1286
I, 2...... 105, 2107
1-3 ....897, 898, 900
29........
2120
4, 5........901, 905
249, 1-12..... ..1602–1610
360,
I..........
7.........1249, 1418 | 1859, 48, I-3............ 2009
340,
I, 2........194
7...............
344, 1, 4, 5.,...1279, 1282
824
1289
985
2.............. 1280
3, 5, 6..812, 813, 815
6.............. 1292
7-9 ........814,
7...........92, 1291
IO, II.......819, 820
8, 9..... 1293, 1294
12, 13........... 828
II-14 ... .1295, 1297
14-16 ...823, 865, 866
1298, 1300
20...........821, I118
16-18 .....1304, 1309
.349, 3, 7, 10.....700, 701
1310
491, 1-4........1583-1585
19, 21, 23, 24... 1299
5...........414, 1562
1305, 1315, 1361 | 1860,
.... 1943
20, 22. ....1303, 1318
155.
3.....
.......... III
25-27 .....1362, 1363
4, 5..........784, 785
1364
54..............
... 1741
28, 29....,1365, 1366
300, 2...... .. ..... 1291
30-34......1368–1372
316, 4... ........194, 1625
35......... ... 1374
379, 1-5........1103-1106 ..
37-42......1375-1380
3............... 123
44-47... ..1381–1384
479,
5. .............. 824
43, 48.....1292, 1347
501, I, 2............ 2007
49, 50......1385, 1386
505, 3............... 1554
52-55 ......1399-1402
I, 4............ 1633
56-64......1406–1414
729
295,
235,
824
279,
II...............
I...
.......
..
295,
302,
817
IO,
506,
508,
I, 2............
65........ 1432, 1436
3-5 . . 1455, 1456, 1457
66-68......1415–1417
7-11.......1474-1478
69, 70.....1419, 1420
I2..........1567, 1590
72–75......1428-1431
13..........1473, 1588
77-79 .....1387, 1388
14-16 ......1445, 1471
1391
1479, 1587
TAT2
TABLE OF LAWS.
liii
..............
Oman
I.....
TO
398
96
701
3............
7...
".....
.
163,
249,
265,
271,
361,
389,
281,
....
..
431
484,
Sections.
Sections.
1860, ch. 508, sec. 17-19 ......1485, 15911864, ch. 403, sec. 18, 19 ...... 264, 266
20, 21......1458, 1459
22, 30 ...... 277, 281
31, 32......1548, 1549
36, 40, 41 ... 279, 283
33-35 ......1446, 1447
285
1586
...... 286, 287
510, 3, 4........385, 386
276
7-18.........398-409
252
24.............
...... 411
3 .......
1ΟΙ
522,
...... 735
1861, 15,
............... 1732
1865,
...... 1073
3, 5, 6, 695, 700,
..... 700
692
.826, 1633
I.....
... 194
........... 1735
8-13 ......1627–1632
6... ........... 830
22 ...
....... 194
I................ 867
24.............: 1000
333, I, 2.......1470, 1490
171,
1862, IO, I............... 1517
172, 2-7 ...... 1594-1597
2, 3......179, 212, 829
5-7 ....424, 425, 426
168, 2, 3.........312, 313
... 433
258, I.... ..... 1063
13, 14. ...... 428, 430
1-3 ... 316, 765, 766
17 ....... 424, 444
I .............. 1554
21, 24........... 434
2-5 ....... 2010-2014
26 .............. 443
I, 2 ....... 322, 323
1116
1, 2 ...... 1348, 1422
I-9........ 327-332
I...... ..... 825
.. 333
483, 1-3 ....974, 983, 984
385, 22..........
4. ... 988,989, 991
400,
.. 1711
5, 6, 8. 1000, 1001, 1006
523,
.......... 826
3............ 1426
533, 2............ .. 102
4-6........1699-1701.
592,
225
7 ... 1285, 1425, 1702
712, I..........
.........., 2123
8 ........ 1398, 1703
722, I... .........
..... 1095
4-13...... 1704-1708
2......... 194, 1095
14 ........ 1302, 1709
3, 4....... 1096, 1097
15 ............
...... 1710 1866, 74, 2, 6... ... 584, 600
...... 1367
10.....
20, 21. ... 1298, 1299
11, .........581, 588
22, 23........... 1289
12..538, 540, 569, 601
487, 3,4,6.. 804, 805, 808
13.......603, 604, 605
7,9, 15, 807, 808, 809
14..278, 535, 539,
1863, 94,
'...... . 194
593, 614, 620, 623
27 .............
........ 225
624,630, 631, 633
34, 35 ..... 2121, 2122
15................
412, 2.............. 771
16...549, 553, 572,
448,
8-15...... 1618–1624
17...........261, 594
1864,
3 .............. 824
18....
584
6 ............. 263
20, 21. ..575, 579, 584
141, 1-3..........391–393
625
4-8 .......1098-1101
22 .. 590, 591, 592, 597
9, 10 ...... 394, 395
II, 12........... 1102
23 ..........582, 620
202
1............ 99
24 ..........570, 597
319
I.......: 682, 694
25 .........585, 598
351, 8, 10 ..... 1049, 1050
30–32...620, 622, 629
12 ... 1035, 1038, 1042
I.....
..... 1633
1053
I-15 .......2069-2084
1027
245, 9.... .... 194
1034
264, 1-3..... 1055-1057
17.......
1027
323, 2.............. 1027
19............ 1035
324,
...... 824
1040
350,
824
I .............. 2068
5.........
...,
anisiminimai
::
16 ......
578
358,
4,
41,
627
154,
13...
14
..
...........
34
10
.........
....
my....
.
387,
2.......... .. .. 1964
367,
liv
TABLE OF LAWS.
377,
824
900
824
4..........
....
650,
288,
730
nririririri anorri
468,
563,
......
022
793,
854,
1
745,
857,
861,
862,
879;
378
..92,
824
122,
124,
7...•
824
163,
172,
1.......
569,
Sections.
Sectioas.
1866, ch. 369, sec. 1. ...... ..... 2084 1867, ch. 950, sec. 13, 14.......568, 632
I, 2............ 1936
17....
622
502,
I.... ....
.. 361
18......633, 634, 635
551,
I .........
.. 333
21..... 255, 261, 267
I, 2.......
.. 1732
594
7........
1868, 15,
637,
194, 1059
150,
I............ .. 733
I............... 194
I93,
I....
3...
824
I.............. 194
2, 4.........
I............ 625
2....
.... 824
2............
2, 3, 6..468, 469, 470
5.. ......., 614
2...........417, 1626
6............
I-3... ....2056--2058
737, I, 2....... 2064, 2065
1...,1171, 1177, 1503
1............... 1433
I-3............ 2065
3.........1434, 1546
4... ... ...... 2067
757, 3............... 687
5.............. 2066
............... 287
.........316, 346
I-3....... ... 1633 1869,
....... ....... - 385
I, 5.....
.. 826
I, 2....... 388, 389
51 ...... 157, 461
1..........1
.1179, 1181
52, 55....
461
2............. 263
56.....
453
1......... ....
.. 390
57.
463
I2............ 397
876, 5. .. .........
377, I, 2........... 1280
II......... ....
182
4.......
1291
1867,
3......
410,
1...... .
1373
437, 3.......... ... 1042
.............. 104
473,
3.......... ... IO2ny
...... 1742
I, 2........... 1088
256, 1, 2......... 775, 776
595, I, 2........194, 693
..... 249
599,
.... 1531
3-6....... .859-862
........... 1633
10-12 .......862-864
1171
343, I..............
875,
II2, 1177, 1732
409, 1..........194, 1466
876, &................ 170
410, 5............
2.............
865
I, 2. .1112, 1732, 1733
3..............
816
I.............. 194
8..............
5, 6.......1592, 1718
I 20...........181,
194
1, 2....316, 347, 1450
.............. II24
697 1-3 ........703, 1963
137,
58.......436,
437
4, 7....681, 703, 972
60-62...438, 439, 440
5.......... ... 1964
166, 3...
194
1, 3....613, 619, 1091
175, 2.........
109
7, 8, II.....256, 258
190,
1.............
14, 17..........
I......194, 1007,
27.............. 1958
382, I.... III2, 1171, 1732
I.............. 310
8...........
822
I-3...... ..649-651
27........
4, 5........652, 653
.......
872
6, 7........654, 655
424,
1, 6..........
I, 0............ 419
8.............. 656
7, 17... ... ... 1637
9-15 ........657-663
26-28 .. ...1642, 1643
16-18.........665-667
1648, 1651
I-4........
......789-792
548, I............... 2119
I..........
I............. 1525
2, 3.........549, 622
2, 4........... I 206
5....... ... 577
4......... .1416, 1418
6........538, 636-648 1870
I...........
...... 1007
7, 9....599, 619, 1091
....... 1618
IO......... ... 575 !
...............
".... 1967
334,
2.....
649,
I....
2....
om d H H ci rico amoo oor
898,
1870
824
604,
625,
....,
83
253,
nio mi mi w OO
824
1008
309,
383,
29..........
539,
956,
TABLE OF LAWS.
745,
1872,
ܩܶܗ̇ ܝܿ ܒܵܙ ܙ ܝܶܩܰ : ;ܙ
188,
320,
......
I 30
6.........
.. 668,
7...............
II.........
471,
133
HKO
una A
no ricirii
675,
677,
...
86
738,
1..........
2...........
...
716
817,
Sections. 1
Sections.
1871 ch. 120, sec. ............... 385 | 1871, ch. 742, sec. 13...........343, 699
180, I...... ........ 194
14.......518, 519, 521
205,
I, 2........1934, 1935
208, .............
804,
I....
..... 1699
213, 5.........
3.........
..... 1517
218, I, 2....14
....147, 865, 877
I....
.... 824
239,
.......... 1178
1-3........1969–1971
249,
824
228, I, 2............ 1968
269,
194
1, 2........798, 801
290,
367, 3..........1521, 1523
690
409, I.............. 740
669
436, I, 2............ 739
9... ..........
980
438, 1-3 .......1532, 1534
......194, I/14, 1427
322,
1-4 ......
.132,
1............... 733
5, 8......
........
6, 7....144, 867, 899
323,
590, 1-4. ..... 1939-1942
381, I........
631, 2.............. 1056
...844, 846,
1-6........1839-1844
4........926,
7...........260, 1845
5. 0............
8-11.......1846–1849
7, 8........927, 950
13-55.......1850-1893
9, 10...847, 930, 931
56–89... ...1895–1928
II, 12.......932, 934
90...........68, 1929
13-17.... ... 943-947
91..........194, 1930
18, 19.......919, 949
I, 4, 5, 6....
20...... ........ 885
733, 2........... ... 166
21, 22...929, 953, 954
..... 712
I......
I........... ...
754, 1.............. 194
2, 5............
I-10.......2015-2024
3,4,6.1768, 1775, 1776
835, I......... 114, 194
515, 1-3....... 1984, 1992
836, 1-9........1998–2006
1993
1-4.... ... 1974-1977
I, 2........... 1086
7. ......... 320, 1963
I ..........675, 730
2......... .... 83
J.......... . 676
3............... 128
6, 10...676, 678,
1-4........1068, 1070
23..............
140
1071, 1072
573, 3.............. 831
34, I..............
I
574, 5...............
2 ........
I
6... 143, 184, 711,
II2, 1-3 ...... 1022, 1023
714, 715, 716
4. on ...... 1026
717, 718, 719
5, 6....... 1025, 1032
720, 723, 724
7,8 ..... · 1024, 1027
100.........1027, 1042
143, ........ ....... 194
584, I, 2........452, 458
221,
I .. ........... 1025
3............. 467
251, I, 2...... II? 1090
I, 2............ 412
302,
625, I-3....471, 472, 473
313,
5 ........
........... 1281
4-28 .........475-499
320, 1, 2 .......... 1633
29-37.........502-510
I, 3 ........... 826
38...........158, 511
335, I, 2, 4...... 26, 29
39, 40.......512, 513
5-13 ...........
70-75
42-45.........514-517
1492
5. .....
14, 15 ...... 74, 56
....... III4
16 ...
3.........455,
17.... 85, 86,
4.......457, 458,
18...
5...........452,
19-22 ........30,
6, 7.........429, 446
23, 24...... 103, 105
&............... 453
25.. 106, 108, 122, 1699
9...... 445, 463 464
..............
10-12 ...431, 465, 466
..............
855,
872,
516,
534,
860,
887)
28,
350
35,
712
607,
119
......
33
20
49
Ivi
TABLE OF LAWS.
30,..
215
359
38 ...
37
274
273
18...
613,
I .......
3...
60 ....
16....
755,
"
... 39,
387
Sections.
Sections.
1873, ch. 335, sec, 28 ....... ...... 48. 1873, ch. 335, sec. 114....
55:
29....
... 123
115 ........
.....63, 875
..... 35
116 .....52, 442
31-33...
.123-125
119............... - 84
34, 35.....
. 163-165
348,
36.......
1-4........1598-1601
37 ....... ... 36
429, 5 ............. 194
.... 216
538, I............. 1389
.... ...........
4.. 194, subd. 18, 1561
4..........194, 1561
41 ......... 250, 272
6, 7.......1541, 1542
..............
9-13 ...... 1543-1547
44, 45...... 268, 269
14-17.......1550-1553
46, 47...... 269,
..... 257
48, 49...... 251, 254
18-23 .......1555-1560
50-52 ...250, 277, 279
..... I
53, 54. ..... 253, 275
......24,
55, 56...... 270, 272
4....
57.......... 264, 270
58, 59 ..... ..... 200
286
7...
......930, 933
14.....
.....671, 957
......... 288, 292
........ 140
62-66 .........289-293
17 .......97, 679, 816
68 ....... ...... 266
726, 1-4 .... ...447,
70......... 38, 315, 324
I..............
325
2...........
71, 72...... 316, 317
73.. 69, 319, 352, 956
7 .....
75 ......... 61, 79
756, I, 3.....
149
76.. 40, 427, 432, 441
4.. ......
213
77.......... 440, 518
702
70..... ....... 435
757,
5............... 79
80 .......
41
81...... 261, 534,
589,
9...... ...31
82 ......... 575,
10 ..............
II...,
.... ..........
13... .
.. ... 43, 812,
...........44,
17.............. 170
...204, 207
22............ 63
758, I, 3... .66, 817
.835,
837
93, 94.
6, 7...
.838, 839
95, 96.
1....... .... 1713
97.....
..........
823,
..68, 1929
98... ............
850, I, 3..... ..688, 689
99..........
99...
..
I........
208
100......
1-3......
1874, 90, I.........
102
....., 170
147,
1.........
105 ......154, 955, 970
192,
I.........
1003, 1009, 1103
I....
194
106..
.......... IIO
IIO
278, 6....1780, 1782,
107..
7.............
1806
108.
126
300,
2.,.............. 42
109...
106
IIO...
304, I, 2........
III....
3, 4.......
112 ... 46, 189
I.....
27
2............... 207
113 ........
329, I..............
....86
8
...
767,
6
@
.
.
868,
873,
581
.
IOI ......
.
Un
230,
Hitnoriariniran
3........
mu
305,
308,
207
TABLE OF LAWS.
Ivii
1874, ch.329, sec.
7..
604,
41......
334,
Sections.
.24, 25 1875, ch. 495, sec.
.... 1281
930, 933
14.......
671, 957
606
17.......
816
3........
1617
2............... 811
1633
I, 3.......
1... ....
1439 1876,
316,
3461
24,
194
147,
615,
OY
349,
432,
826
631,
504,
16,
505,
50
unio
139,
604,
670,
672,
2.......
...
676
ri ini mi
anni
169,
:*merici irisi
5......
I......
677, 958
7.........
I. 2. .......3
310, 311
...... 1894
1, 2......... .553,
I.......550, 571,
2...............
4...........575,
.589,
7....
.....
8...
IO, II.... 566,
I2, 13......
14, 15.... ....575,
643,
I........
194
I....... .......
656, I, 2...194, 1093, 1094
Concurrent resolution of April,
1874.......
........ 713
1875, ch. 87, sec. I............... 1712
I.............. 165
1-3.... 746, 747, 803
2...v........... 1618
I, 2........... 195
4... ... ...194, 210
409,
411,
413,
414,
447,
505,
748
:
644,
650,
824
700,
Sections.
5, 7........1783, 1785
8-28.......1786-1806
4...... . 194, 753
4 .............. 1946
..... 1945
I-3....... 1972, 1973
I, 2........1771, 1772
3...............
1...............
. 68
I, 2... .... 1937, 1938
I............... 1075
I, 2........696, 697
7-9 .......
893, 895
10........
I2..............
. 316, 346
4..... ........ 725
2.......... 734
· 1531
194
. 194
Ii.............
.. 1482
2.............. 1429
1-6 ... 740, 742, 743
744, 745
I:...........
..... 1531
...........
. 197
2...
......... 1275
I........... ..
2....
668
725
2... .......... 14.49
1449
2... ........... 194
194
2..........129
291, 1554
I.............. 194
I.............
, ΙΟΙ
I.............
• 798
........ ......
739
I-18...... 364-380
19, 20......... · '141
21............... 360
22, 23........... 383
.. 874
1... ...194, subd. I of
subd. 19.
1..........69, 86, 691
. ..... .. 1707
..... 1773
3...........
.. .. 1769
4...........201, 1770
I-15...... 1824-1838
1-5.....758, 759, 760
wi ci foi oi oirimi
187
43,
:
51,
90,
129;
IOI,
315,
398,
445,
210
194
223,
454,
249,
1878,
105,
259,
12
mand o
2........
300,
349,
378,
404,
405,
34................
1-4. ...772, 773, 774
I............... 1523
2....1504, 1519, 1521
1523
5, 6........1503, 1518
1,3,5,7,8,9.... 198
1978-1982
4, 5............ 198
..............
.... 1699
2, 3......
.... 732
I-4 ........194, 418
2............... 8.01
........ 210
I...........194, 1109
I.. ............ 824
www ww
410,
414,
466,
476,
479,
480,
761
1, 2........1483, 1484
1, 2........318, 684
I......
.......
...
171
2......172, 212, 829
3......
173
174
175
176
...177, 191
8 ....... . . 192
10.......144, 146
I...........194, 321
54............., 1278
I....1503, 1520, 1521
2............. 1503
3............... 1283
2-4.. 1780, 1781, 1784
Kinnamono a
495,
lviii
TABLE OF LAWS.
...
215,
W rad at my Aw
1879,
245,
2,..."
532
145,
178,
268,
360,
369,
2.......
210
894
2025
I, 2......
Sections. 1
Sections.
1878, ch. 379, sec. 1, 2.......1483, 1484 1880, ch. 191, sec. I, 3.......
389, 1-4..........303-306
3......... 345, 797
........ 306
6 ....... 129, 199
5, 6, 8........307–309
199,
.......... 138
400, 1.............. 29
I .............. 743
534, 33......... .... 1404
234,
I.............. 1713
1, 2.....
381, 382
3.........1347, 1368
1........... 185
1369, 1391
I, 5..
826
1403, 1416
194
259,
607
1.......... ... 1290
279, I, 2..
2014
I..... ........
350, I .............. 613
I............ 109
353, 1-3 ........117, 1451
168, 1.............. 802
I, 4, 5... 1451, 1452
I, 2....... .
I, 2 ...... 562, 563
I......... 1634, 1635
3, 4 ...... 142, 564
2 i......
5.............. 565
323,
1-3 .......
.... 754
367, I......... 339, 881
324,
... 460
.......... .... IIIO
345,
676
373,
4,8......
2.............. 344
1-3.. ........
392, I ......... 194, 1435
I...........354, 356
398,
I ....
....... 1717
2.............. 194
399,
I, 5....
296
306
461,
.... .. ... 76, 581
307
......... 181
308
3, 6 ...... 123, 752
7..... ....
463, 1, 2............ 750
8............
4.............
194
498, I, 2............
180
2, 3......
521, I ..... 427, 432, 441
2, 3.......
2... 52, 56, 163, 165
287, 442, [114
1171, 1177
508,
1275, 1432
4. ........
1534, 1546
I..... . .. .
...... 125
799, 800
4 ..........
...... 46
I.. . ... ... 520
........ · 189, 203
I-3...... ..340–342
544,
I....
100
2.............
.... 965
550, 1-6 ......... 906-911
519,
I-3... ....19
1995-1997
1092
527,
I............
.. . 306
7,8 ...... 157, 902
529,
.... 1924
9, 10........156, 912
33.......
..... 1422
913
39..........
... 1306
11-13 .. :. 178, 902
33.............
.. 1285
903, 904
1-6 ........ 294, 295
15 ............. 914
1-3......
.. 248
552, I .............. 137
553, 1, 2...... 1841, 1842
554, I, 2............ 193
.......
556, 5 .............. 868
I-3 .. ...
565, 1-5......... 334-338
4-6....8
I...... 194, 983, 1000
7-9.......
2 ......... 964, 970
90
I-3.......
314
3 ............. 971
... 151
587,
132,
1.............. 1280
2.
........ 155
135,
I ............. 575
587,
........ 196
154,
1.............. 1716
wir jo noi to :iwi i minimi
:
. . . . : : ww: : : :
ол олол олол ол
ہم ده
✓ Her AC
534,
1880,
1....
..888.
579,
10
196
VO
Sir.....
OV
ovWN - WWHWNE
588,
I ......301, 574, 683
160,
3.............. 1712
2......297, 298, 574
I....... ...... 194
3-7 ..........298-301
........451-453
7 ............. 302
181
........... 416 |
8.............. 194
163,
169,
TABLE OF LAWS.
lix
Sections.
sec.
II
.......
..
..
1880, ch. 590, sec.
595,
576
597,
I...........
............
698
2043
2044
727
'
598,
33,
• 169,
1881,
Sections.
1.............. 2006 | 1881, ch. 367, sec.
C.
1.........
1107
375,
1......
194
432,
3......
194
432,
853
447,
2........... 843
3 ...... 844, 918
450,
5....919, 917,
............... 396
2............
824
. 045.
I..............
4. ..........
I....... ...
2..........
347
.
997
...68,
.
.
Himi i Hamfiori di mainiai mi mi m
536
536
537
1089
538
159
685
686
1777
.
456,
wricwrici mon fistiniai iniciaio
5....
89,
105,
147,
461,
465,
467,
469,
478,
2......
I...........
2. 4. 5.......
2........ 186,
...........
I....
2..............
I, 2.....
160, 205,
..............
I, 3........ .
............
..........
462
961
187
580
I.....
478,
188
1960
82
64
493,
imi
1959
680
523,
525,
3...............
5..............
............ ..
2. ..
2....
5...
2129
2
962
1190
1195
1199
.
324,
207
346,
535,
I2,.
367,
1..............
I, 2, 2, 4......
Ii ... 34, 45, 52,
108,
2...........
3...... . .706,
749
107
544,
145
704
.....
582,
587,
920
367
339
194
I, 3, 4, 5.....
1...........
I....
6. ..........
4...
2..............
I..............
aicino rico
704
728
707
209
709
710 | 1882,
741
6............
...131
9.... ........
10,...........
1865
, 215,
706,
276,
789
TABLE
OF TITLES OF ACTS RELATING TO THE CITY OF NEW YORK
PASSED FROM JANUARY 1, 1882, WHEN CHAP. 410, L. 1882 (THE
NEW YORK CITY CONSOLIDATION ACT), WAS DEEMED EN-
ACTED, TO AND INCLUDING THE SESSION OF 1897, WHICH
HAVE NOT BEEN EXPRESSLY REPEALED.
Note. For convenience of reference these statutes are arranged, as to subject-matter, under
the same chapter headings and titles as those in the Greater New York Charter. Acts which
do not appropriately belong under the headings and titles mentioned, will be found under the
title of “Miscellaneous.” In cases where the titles of the acts did not sufficiently indicate the
subject-matter, further explanatory words have been inserted in brackets. To acts which
have been superseded by or revised into the Greater New York Charter, or relate to the same
subject-matter, the sections of the charter have been appended. Temporary and private acts
are, of course, omitted.
CHAPTER I.
BOUNDARIES, BOROUGHS, POWERS, RIGHTS AND OBLIGATIONS OF THE CITY.
Ch. Page.
1884. An act to provide for the purchase of the island known as
Riker's island, in the county of Queens, by the commis-
sioners of public charities and correction of The City of
New York, to provide for the annexation thereof to the
city and county of New York, and to provide funds for
such purchase..........
................. 262 328
1885. An act to grant to the mayor, aldermen and commonalty
of The City of New York, certain land under water in East
river, for docks and for the beneficial enjoyment of Riker's
island ...............
.. 469809
1890. An act to create a commission to inquire into the expe
diency of consolidating the various municipalities in the
State of New York, occupying the several islands in the
harbor of New York.....
.... 311 597
1895. An act to annex to the city and county of New York ter-
ritory lying within the incorporated villages of Wakefield,
Eastchester and Williamsbridge, the town of Westchester
and portions of the towns of Eastchester and Pelham...... 934 1498
Amended L. 1896..................................... 540 703
1896. An act consolidating the local governments of the terri-
tory within the city and county of New York, the counties
of Kings and Richmond and Long Island City, and the
towns of Newtown, Flushing and Jamaica, and part of the
town of Hempstead, in the county of Queens, and providing
for the preparation of bills for enactment into laws for the
government thereof....
488 588
See Charter, § 1.
lxii
TABLE OF ACTS NOT REPEALED.
CHAPTER II.
LEGISLATIVE DEPARTMENT.
Ch. Page.
1883. An act to amend chapter 504 of the Laws of 1870, entitled
“An act to authorize the construction of a railroad in One
Hundred and Twenty-fifth street, and in certain streets
and avenues in The City of New York."....
... 209 217
Compare Charter, $ 45.
1884. An act relating to the board of aldermen of The City of
New York (providing for election of additional alderman,
to be known as president of board of aldermen, and
regulating removal and suspension from office of same, and
duties of vice-president of board]..
..... 74 73
Amended L. 1888..........
...... 273 490
Superseded, Charter, $26.
1887. An act relating to the board of aldermen of The City of
New York (providing for election of twenty-five aldermen,
besides president of board, one for each of the twenty-three
assembly districts, and two in twenty-fourth assembly dis-
trict]. ..........
.......... 292 368
Superseded by Charter, $ 24.
1888. An act to prevent the use of certain parks and streets
[West End avenue above Seventy-first street, or any street
bounding on Morningside park, except One Hundred and
Tenth street and Tenth avenue] in The City of New York
for railroads........
........ 256 428
. Amended L. 1894 ........
.......... 518 1109
1888. An act to regulate the keeping of intelligence offices,
employment agencies or other places where a fee is charged
for the procuring of employment or situations in The City
of New York......
... 410 681
Amended L. 1891...
......... 330 659
Compare Charter, § 49, subd. 20.
1888. An act to authorize the construction [by Madison Square
Garden Company) of an arcade over certain sidewalks
[bounded by East Twenty-sixth and Twenty-seventh
streets, Madison and Fourth avenues] in The City of New
York .......
......... 534 825
See Charter, $ 49, subd. 3.
1888. An act to provide for the establishment and maintenance
of a public market-place for farmers and market-gardeners
· [the nineteenth ward, above Fifty-seventh street and east
of First avenue] in The City of New York, for the acquisi-
tion of lands for this purpose, and for the regulation and
management of the same.........
.......... 540 892
Compare Charter, $$ 48 and 416, subd. 7.
1888. An act to authorize the use of sand upon tracks of street
surface railroads, in cities of this state having a population
of five hundred thousand or more..
... 560918
TABLE OF ACTS NOT REPEALED.
lxiii.
92..................................
..............
Ch. Page.
1891. An act to provide for rapid transit in cities of over one
million inhabitants...
4 3
Amended L. 1892...
102 158
Amended L. 1892.....
556 1087
Amended L. 1894......
752 1873
Amended L. 1895......
519 887
Compare Charter, $ 45.
1892. An act in relation to Madison avenue in The City of New
York [forbidding elevated or underground railway thereon
except with consent of majority of owners on avenue)..... 367 764
1894. An act for the better protection of lost and strayed ani-
mals, and for securing the rights of the owners thereof
[providing for the licensing of dogs in cities of twelve hun-
dred thousand inhabitants)...
.... 115 237
Amended L. 1895.................................... 412 763
See Charter, $ 49, subd. 20.
1895. An act to prevent the use of certain streets [above Fifty-
ninth street and west of Central park] in The City of New
York for railroads.......
......... 870 1878
Compare Charter, 8 45.
1896. An act in relation to the construction of railroads upon,
along or through Charles street, in The City of New
York ...........
........ 331 365
Compare Charter, § 45.
1896. An act in relation to the construction of railroads upon,
along or through Perry street, in the City of New York... 332 365
Compare Charter, $ 45.
1896. An act to prohibit the construction of street railways in
West Eighty-seventh and West Eighty-eighth streets, be-
tween Central park west and the North river, in The City
of New York....
.... 722 879
Compare Charter, § 45.
1897. An act for the protection of purchasers of coal in cities
of the first and second class, and providing for the enforce-
ment thereof, and to repeal chapter five hundred and
thirty-nine of the Laws of eighteen hundred and eighty-
eight ...
........ 174 252
Compare Charter, $ 49, subd. 2.
1897. An act to authorize the use of the stoop line in certain
streets, avenues and thoroughfares surrounding the public
markets in The City of New York, for the display and sale
of all kinds of merchandise.....
.......... 318
See Charter, $ 49, subd. 19.
1897. An act for the licensing and regulating bonds of auction-
eers in cities of one million and more.. ............ 682
1897. An act to regulate the exercise of their franchises by
certain public corporations, by requiring them to afford
facilities for the transaction of the public business to cer-
tain public officers and employes of The City of New
York. [Requiring free transportation of policemen and
firemen, and free use of telephone and telegraph by them.. 683
lxiv
TABLE OF ACTS NOT REPEALED.
Ch. Page.
CHAPTER IV.
THE EXECUTIVE.
1884. An act to center responsibility in the municipal govern-
ment of the City of New York [dispensing with confirma-
tion by the board of aldermen of mayor's appointments to
office] ......
............
Superseded by Charter, ch. 4, § 118.
1895. An act to authorize the mayor of The City of New York
to make removals from public office in certain cases......
Superseded by Charter, 95.
..................
43
42
11
tip
CHAPTER V.
THE MAYOR.
1897. An act to provide for examinations to ascertain and deter-
mine the merit and fitness of persons seeking to enter the
civil service of the state of New York and the cities thereof,
the ratings upon such examination and the persons by
whom the same shall be conducted....
........ 428
See Charter, $§ 123-125.
CHAPTER VI.
73
........
83
DEPARTMENT OF FINANCE.
Title 1.—The Comptroller.
1884. An act relating to the comptroller of The City of New
York [making office elective, providing for removal or sus-
pension therefrom, and filling of vacancy]................ 73
Superseded by Charter, § 149.
1884. An act to authorize the appointment of a deputy auditor
of accounts in the auditing bureau of the finance depart-
ment of The City of New York.......
........ 88
Superseded by Charter, § 150, subd. 4.
1887. An act in relation to countersigning warrants for pay-
ments from the treasury of The City of New York [author-
izing mayor to designate his chief clerk or president of the
board of aldermen to countersign warrants] ............. 64
Amended, L. 1888.........
...... 85
Compare Charter, § 149. .
1897. An act to aid the financial administration of The City of
New York. [Authorizing an appropriation to enable the
the comptroller of the city to examine accounts of munici-
pal corporations consolidated by the Greater New York
charter .........
......... 669
74
130
Title 2.-The Bonds and Obligations of the City.
1882. An act to provide for the exchange of coupon bonds of
The City of New York into registered bonds.... ......... 144
See also L. 1885, ch. 426, p. 735.
Superseded by Charter, § 172.
181
TABLE OF ACTS NOT REPEALED.
Ixv.
Ch. Page.
1889. An act to provide for the issue of bonds by the mayor,
aldermen and commonalty of The City of New York, for
expense to be incurred by the department of public parks
of said city, in laying out a portion of Van Cortland park
for the purposes of a military parade, camp and drill
ground and rifle range, in pursuance of section six, chapter
five hundred and twenty-two of the laws of eighteen hun-
dred and eighty-four.....
........... 265 330
583
592
254
Title 4.-The Sinking Fund.
1883. An act to amend chapter 267 of the Laws of 1869, entitled
“An act to incorporate the Fulton Market Fishmongers,
Association of The City of New York” [authorizing com-
missioners of sinking fund to lease to corporation men-
tioned, the present fish market under certain conditions).. 412
1883. An act to provide for the leasing of certain lands in city
of New York [to West Washington Market Association
for market purposes]...................................... 420
1884. An act to authorize and empower the commissioners of
the sinking fund in The City of New York to appropriate
and set apart land belonging to the said city, as locations
for station-houses and for fire-apparatus houses.......... 200
1888. An act to authorize and empower the commissioners of
the “sinking fund of The City of New York, for the redemp-
tion of the city debt," to sell at private sale to the corpora-
tion of the Church of the Redeemer of Yorkville, in The
City of New York, certain premises in said city........... 101
1889. An act to authorize the commissioners of the sinking fund
of The City of New York to release, at private sale, the
right, title, estate and interest of The City of New York
in “the old Harlem road ”....,
........... 60
1892. An act to authorize the commissioners' of the sinking
fund of The City of New York to lease to “ The Mount
Sinai Hospital, in The City of New York,” ground for the
erection thereon of additional buildings for hospital pur-
poses .......
......... 45
1892. An act to authorize the commissioners of the sinking
fund of The City of New York to modify a lease entered
into by such commissioners in pursuance of the provisions
of chapter one hundred and eighty-nine of the Laws of
eighteen hundred and eighty-one, with the Mount Sinai
Hospital of The City of New York............... ........ 553
144
58
70
1085
CHAPTER VIII.
POLICE DEPARTMENT.
1882. An act to amend an act supplemental to the act entitled
“An act to reorganize the local government of The City
of New York,” passed April 30th, 1873 [fixing number and
salary of police force)......
· 179
- Superseded by Charter, § 299.
219
1xvi
TABLE OF ACTS NOT REPEALED.
1882. An act to amend chapter 389 of the Laws of 1878, entitled
Ch. Page.
“An act to create a police pension fund for disabled and
retired policemen in The City of New York," and to provide
for the equalization of pensions......
on UI pensions........................... 330 396
Superseded by Charter, § 352 et seq.
1884. An act to regulate the grade and fix the pay or compen-
sation of members of the police force who are, or who may
be, appointed patrolmen on or after January first, eighteen
hundred and eighty-five, in all cities of the state having,
according to the last census, a population exceeding eight
hundred thousand....
.......... 182 214
Superseded by Charter, $ 299.
1885. An act to create a relief fund in the police department in
all cities of this State having, according to the last census,
a population exceeding one million..
... 486 826
Superseded by Charter, § 352 et seq.
1885. An act to regulate and to fix the pay or compensation of
members of the police force who are police surgeons or
doormen in all cities of this state having, according to the
last census, a population exceeding eight hundred
thousand .............
......... 555 932
Awendea u. 1894..................................... 751 1872
Superseded by Charter, $ 299.
1886. An act to authorize the fixing [by police commissioners
with approval of board of estimate and apportionment]
of salaries of captains of police in The City of New York.. 450 689
Superseded by Charter, $ 299.
1886. An act to increase the police force of The City of New .
York [authorizing board of police to appoint five hundred
additional patrolmen)..................................... 597 854
Superseded by Charter, § 289.
1887. An act to authorize the fixing [by police commissioners
with approval of board of estimate and apportionment]
of salaries of sergeants and detective sergeants of police
in The City of New York.....
........ 572 783
Amended, L. 1888.........
................ 350 611
Superseded by Charter, $ 299.
1887. An act in relation to the pension fund of the police depart-
ment in The City of New York (granting pensions to
widows and children of policemen who are killed in actual
performance of duty, or die after ten years' service]. ..... 574 785
Superseded by Charter, § 351 et seq.
1888. An act to authorize the fixing [by police commissioners
with approval of board of estimate and apportionment]
of salaries of patrolmen, acting as roundsmen of police in
The City of New York....
......... 188 218
Superseded by Charter, $ 299.
1892. An act to provide for the construction of a public build-
ing in The City of New York [for the accommodation of a
police and district court]....
....... 43 65
Amended, L. 1894........
.. 44 115
Compare Charter, § 320.
TABLE OF ACTS NOT REPEALED.
lxvii
Ch. Page.
, 1892. An act to provide for the acquisition of necessary sites
for buildings for police purposes by the board of police of
the police department of The City of New York......... 350 726
Amended, L. 1895....
......... 495 865
Compare Charter, & 320.
1892. An act to prevent the accumulation of useless records in
relation to elections in the City of New York............ 241 870
See Charter, § 271.
1893. An act to create a park police pension fund for disabled
and retired park policemen in The City of New York, and
for the families of deceased park policemen in said city,
and to repeal chapter five hundrd and fifteen of the Laws
of eighteen hundred and ninety-two........ ......... 142 252
. See Charter, g 351.
1894. An act fixing the pay, compensation and salary of door-
men and acting doormen of the park police of The City of
New York, and providing for the payment of the same,
and for their vacation and benefit under the pension fund.. 756 1901
See Charter, § 273.
1896. An act to authorize the increase of the police force in The
City of New York..........
.... 673 784
Superseded by Charter, 8 289.
CHAPTER X.
THE BOARD OF PUBLIC IMPROVEMENTS.
Title 1.- Board of Public Improvements.
1894. An act to provide for the construction of a building for
hospital purposes in The City of New York (Gouverneur's
Hospital) ......
.... 703 1751
Amended, L. 1895.........
................. 399 746
See Charter, $ 416, subd. 11.
1890. An act providing for the election of a commissioner of
street improvements of the twenty-third and twenty-fourth
wards of The City of New York, and transferring to him
certain powers now possessed by the department of public
parks in said city, in relation to the public improvements
of said wards, and constituting him a member of the board
of street opening and improvement of said city............ 545 965
Amended, L. 1893.
............. 443 927
Amended, L. 1895.
.... 875 1885
See Charter, § 526.
Title 2.— The Map or Plan of the City of New York, Establishing of Grades,
Changes Therein, Map of Scwer Systems and Sewer Districts.
1884. An act to alter the map of The City of New York by lay-
ing out thereon a public park at Coenties slip, and to provide
for the regulation and control thereof [authorizing board
of street openings to lay out park in first ward, in part
known as Coenties slip]........
............. 76 75
1885. An act to alter and amend the maps or plans and profiles
of streets, avenues, roads, public squares and places, and
C
lxviii
TABLE OF ACTS NOT REPEALED.
Ch. Page.
improvements of and across the waters within certain
bounds in the twelfth and twenty-fourth wards [within
certain bounds] of The City of New York, as laid out and
filed by the department of public parks................... 478 815
1886. An act [authorizing the department of public parks] to
alter and amend the map or plan of the portion of The City
of New York included between Railroad avenue, west, Web-
ster avenue and Sheridan avenue, and One Hundred and
Sixty-second and One Hundred and Sixty-seventh streets
and Overlook avenue, in the twenty-third ward of said city. 365 585
1886. An act to authorize the alteration [by the department of
public parks] of the map of a portion of The City of New
York [bounded west by Harlem river; east by Marcher,
Claremont and Jerome avenues; north by a line parallel to
northerly line of Depot place and 2,560 feet therefrom, and
extending from Featherbed lane to said river; south by
Union street and a prolongation of same to Jerome avenue
and Wolf street], lying in the twenty-third and twenty-
fourth wards of said city.................................. 407 627
1886. An act to alter and amend a map or plan of the portion
of The City of New York, by discontinuing College avenue,
between North Third avenue and One Hundred and Sixty-
fifth street in the twenty-third ward of said city........ 670 959
See Charter, $ 436.
1586. An act to alter and amend the line of the Bronx River
road as laid out on a certain map or plan, entitled “Plan of
streets, roads and public parks, and places in the Wood-
lawn district of the twenty-fourth ward of The City of
New York,” by the department of public parks of The City
of New York..........
.......... 675 965
1886. An act to alter and amend the maps or plans and profiles
of streets, avenues, roads, public squares and places, and
improvements within certain bounds [Westchester avenue,
One Hundred and Sixty-fifth street, Melrose avenue, St.
Ann's and North Third avenues] in the twenty-third ward
of The City of New York, as laid out and filed by the depart-
ment of public parks.........
......... 681 969
Compare Charter, § 526.
1887. An act to render more definite and certain the maps or
plans locating and laying out the streets, avenues, roads,
parkways, public parks, squares and places in the twelfth,
twenty-third and twenty-fourth wards of The City of New
York, and filed by the department of public parks [author-
izing the last named department to take the maps from
file, and alter and amend same]........................... 577 788
1887. An act conferring certain powers upon the department of
public parks in The City of New York relative to [change
of streets, parks, etc., depression of tracks of N. Y. &
Harlem R. R. Co. in the] twenty-third and twenty-fourth
wards in said city...............
............. 721 937
1890. An act to authorize the alteration of the map or plan of
TABLE OF ACTS NOT REPEALED.
Ixix
Ch. Page
a portion of The City of New York [by department of pub-
lic parks) in the twenty-third ward of said city............ 495 890
1895. An act to ratify and confirm alterations of the map or
plan of The City of New York heretofore made... ....... 903 1920
See Charter, § 436.
1896. An act to authorize the alteration of section ten of the
final maps and profiles of the twenty-third and twenty-
fourth wards of The City of New York [in order to show
continuation of East One Hundred and Seventy-eighth
streetl ...........
.......... 538 702
Compare Charter, § 526.
1896. An act to authorize the alteration of the final maps and
profiles of the twenty-third and twenty-fourth wards of
The City of New York [in order to show change of grade
of Montgomery avenue).....
.......... 539 703
Compare Charter, $ 526.
1896. An act in relation to certain avenues and streets in the
twenty-third ward of The City of New York [forbidding
extension of Sedgwick avenue through grounds of Univer-
sity of New York City].....
............ 541 705
Compare Charter, 526.
1896. An act in relation to the final maps, plans and profiles of
the twenty-third and twenty-fourth wards of The City of
New York [legalizing change or alteration of same made by
board of street opening and improvement]................. 712 859
1896. An act to authorize the alteration of section five of the
final maps and profiles of the twenty-third and twenty-
fourth wards of The City of New York [as to grades and
avenues and streets on part bounded by Eastern boulevard,
Farragut street, Caswell avenue, Payne street, Viele avenue
and Whittier street.........
..... 833 1105
1897. An act to provide for the paving of Jerome avenue, in
The City of New York.......
........ 31 41
See Charter, $ 524, subd. 3.
1897. An act to authorize the alteration of section thirteen of
the final maps and profiles of the twenty-third and twenty-
fourth wards of The City of New York (to show prolonga-
tion of East One Hundred and Eighty-second street]...... 197 285
Compare Charter, § 526.
1897. An act to authorize the alteration of section fourteen of
the final maps and profiles of the twenty-third and twenty-
fourth wards of The City of New York (to show continua-
tion of Bush street).........
...... 200 288
Compare Charter, $ 526.
1897. An act to authorize the alteration of section fourteen of
the final maps and profiles of the twenty-third and twenty-
fourth wards of The City of New York by showing thereon
a public place bounded by Tremont avenue, Buckhout
street and the Grand Boulevard and Concourse. ........... 210 303
Compare Charter, $ 526.
1897. An act to amend sections thirteen and seventeen of the
final maps, plans and profiles of the twenty-third and
...........
lxx
TABLE OF ACTS NOT REPEALED.
Ch. Page.
twenty-fourth wards of The City of New York by extend-
ing East One Hundred and Eighty-ninth street from Web-
ster avenue to Third avenue.........
....... 211 304
Compare Charter, 525.
1897. An act to authorize the alteration of the final maps and
profiles of the twenty-third and twenty-fourth wards of
The City of New York [to show change of grade of Lafay-
ette avenue, Moneda street and Baretto street]............. 212 305
Compare Charter, $ 526.
1897. An act to authorize the alteration of sections two and
three of the final maps and profiles of the twenty-third and
twenty-fourth wards of The City of New York [widening
Wales avenue, Robbins avenue, Beck street and Fox
street] ....
........... 651
1897. An act to authorize the alteration of section two of the
final maps and profiles of the twenty-third and twenty-
fourth wards of The City of New York [so as to discontinue
and omit One Hundred and Thirty-ninth street, east of
Locust avenue)............................................ 652
1897. An act to authorize the alteration of section ten of the
final maps and profiles of the twenty-third and twenty-
fourth wards of The City of New York [by removing
therefrom Belmont avenue]...
655
1897. An act to authorize the alteration of section seventeen of
the final maps and profiles of the twenty-third and twenty-
fourth wards of The City of New York (providing for
extension of Briggs avenue from East One Hundred and
Ninety-fourth street to the Kingsbridge road.............. 711
1897. An act to authorize the alteration of section sixteen of
the final maps and profiles of the twenty-third and twenty-
fourth wards of The City of New York [by showing
thereon the extension of Clinton place from Grand avenue
to Jerome avenue, in The City of New York]............... 714
1897. An act to authorize the alteration of section sixteen of
the final maps and profiles of the twenty-third and twenty-
fourth wards of The City of New York (within the follow-
ing boundaries: On the north by Kingsbridge road, on the
south by the Fordham road, on the west by Sedgwick
avenue, on the east by Aqueduct avenue).......
....... 715
Title 4.- Department of Water Supply.
1883. An act to provide new reservoirs, dams and a new aque-
duct, with appurtenances thereto, for the purpose of sup-
plying The City of New York with an increased supply of
pure and wholesome water...
490 666
Amended, L. 1886......
337 647
Amended, L. 1887....
227
Amended, L. 1888.
584 1113
Amended, L. 1896....
81 99
Amended, L. 1896....
536 699
See L. 1893......
105 206
O
....................................
190
1090..................................
TABLE OF ACTS NOT REPEALED.
lxxi
Ch. Page.
1883. An act relating to the further supply of pure and whole-
some water for The City of New York [authorizing com-
missioners of sinking fund to contract for water supply
from Rockland and Orange counties]...................... 512 705
1884. An act relating to the further supply of water for fire,
sanitary and other purposes in The City of New York
[authorizing commissioners of sinking fund to contract for
a special water service]................................... 292 353
1887. An act to provide hospitals, orphan asylums and other
charitable institutions in The City of New York with
water, and remitting assessments therefor................. 696 902
Amended, L. 1894.....
672 1688
Amended, L. 1895.....
459 817
1888. An act to extend the time for presenting certain claims
for damages resulting from the construction of the new
aqueduct authorized by chapter four hundred and ninety
of the Laws of eighteen hundred and eighty-three, enti-
tled “ An act to provide new reservoirs, dams and a new
aqueduct with the appurtenances thereto, for the purpose
of supplying The City of New York with an increased sup-
ply of pure and wholesome water.” (See ante, under 1883). 419 691
1892. An act to provide for the erection of the necessary pump-
ing machinery, structures and appurtenances, and to lay the
necessary mains to deliver water at higher elevations in
The City of New York from the new aqueduct........... 38 57
1893. An act to provide for the sanitary protection of the
sources of the water supply of The City of New York...... 189317
Amendecl, L. 1893.....
515 1110
Amended, L. 1895.....
... 575 1273
Amended, L. 1896....
....... 82 101
Amended, L. 1896.....
......... 674 785
1896. An act to provide for laying additional water mains in
The City of New York........
669 782
1897. An act to provide for laying additional water mains and
erecting additional pumping machines in The City of New
York [authorizing an expenditure by the commissioner of
public works of a sum not exceeding five hundred thousand
dollars .........
.................... 646
.................................
Title 5.- Department of Highways.
1883. An act to improve and regulate the use of Fourth avenue
at Ninety-eighth street in The City of New York [authoriz-
ing the city authorities to construct an iron bridge over
Fourth avenue at Ninety-eighth street, one-half of cost to
be paid by N. Y. & Harlem R. R. Co., and the other half to
be raised by taxation, etc. See § 1961, Consolidation Act].. 518
Amended, L. 1884.....
371
See L. 1885, ch. 528.
1885. An act to improve and regulate the use of Fourth avenue
at Ninety-eighth street in the City of New York [authoriz-
ing the city authorities to construct an iron bridge over
710
457
lxxii
TABLE OF ACTS NOT REPEALED.
Ch. Page.
Fourth avenue at Ninety-eighth street, one-half of cost to
be paid by the N. Y. & Harlem R. R. Co., and the other half
to be raised by taxation, etc., and repealing all inconsistent
................... 528 896
1886. An act [authorizing the commissioners of public parks]
to close a portion of a certain street, avenue or highway
[Bergen or Retreat avenue, lying between One Hundred
and Forty-seventh and One Hundred and Forty-eighth
streets] in the twenty-third ward of The City of New York, 389 610
Compare Charter, § 526.
1886. An act to discontinue a portion of “ Legget avenue," and
to alter and amend the maps or plans and profiles of cer-
tain avenues, street, roads and public places in the twenty-
third ward of The City of New York....................... 662 952
Compare Charter, § 526.
1886. An act to alter and amend the lines of the Bronx river
road as laid out on a certain map or plan, entitled “ Plan
of streets, roads and public parks, and places in the Wood-
lawn district of the twenty-fourth ward of The City of New
York,” by the department of public parks of The City
of New York.........
........: 675 965
Compare Charter, § 526.
1887. An act to provide for the improvement [by construction
of iron viaduct by commissioner of public works] and to
regulate the use of One Hundred and Fifty-fifth street
from St. Nicholas place to Macomb's Dam bridge in The
City of New York.....
........ 576 787
Amended, L. 1895.....
.......... 979 2005
1889. An act relative to the reparement of streets and avenues
in The City of New York [authorizing board of estimate
and apportionment to determine the necessity of repaving
and work to be done by commissioner of public works].... 346 456
Amended, L. 1892........
..... 409 851
1890. An act to authorize the dedication, for the purposes of a
public street or avenue, of certain lands [Fordham Heights
district] in the twenty-fourth ward of The City of New
York ...........
...... 228 431
Compare Charter, § 526.
1891. An act to provide for the improvement of the boulevard
or road and public drive between One Hundred and Fifty-
sixth street and Inwood street, in The City of New York.. 219 412
1895. An act to provide for the assessment and collection of the
expense of removal of snow and ice from the sidewalks of
public streets and avenues in The City of New York...... 201 230
See Charter, $ 524, subd. 7.
1896. An act to enable the commissioners of street improve-
ments of the twenty-third and twenty-fourth wards of The
City of New York to extend the bridge over the tracks of
the New York and Harlem railroad, between Pelham ave-
nue and the King's Bridge road, in the twenty-fourth ward
of The City of New York.....
......... 508 609
Compare Charter, § 526.
TABLE OF ACTS NOT REPEALED.
lxxiii
2. Page.
1896. An act to provide for the construction of a steel-beam
structure over the tracks of the Port Morris branch of the
New York and Harlem railroad on Brook avenue, from
the southerly side of East One Hundred and Fifty-seventh
street to the westerly side of Brook avenue, near Third
avenue, in The City of New York..
............ 616 738
1896. An act for the protection of the old Croton aqueduct in
The City of New York, and authorizing and requiring the
commissioner of public works in said city to construct an
archway, tunnel, passageway or roadway under the same
in the twenty-fourth ward of The City of New York on the
line of Burnside avenue as now laid out, opened and con-
structed, up to both sides of said aqueduct, so as to connect
the lines of said avenue........
............ 719 873
1896. An act to provide for the construction and maintenance
of an elevated roadway, viaduct or bridge over the tracks
of the New York and Harlem railroad and the Port Morris
branch of the New York and Harlem railroad, connecting
Melrose avenue from East One Hundred and Sixty-third
street to the junction of Webster and Brook avenues at East.
One Hundred and Sixty-fifth street, in The City of New
York .....
........................ 834 1106
1897. An act to provide for a bridge and approaches over the
tracks of the New York and Harlem Railroad in The City
of New York, at One Hundred and Fifty-third street
[authorizing the expenditure by the commissioner of street
improvements of the twenty-third and twenty-fourth
wards of The City of New York of a sum not exceeding
one hundred and fifty thousand dollars]................... 650
Compare Charter, $ 526.
1997. An act to provide for the construction and maintenance
of an elevated roadway viaduct or bridge over the tracks
of the New York and Harlem Railroad, and the Port Mor-
ris branch of the New York and Harlem Railroad connect-
ing Melrose avenue from East One Hundred and Sixty-third
street to the junction of Webster avenue and Brook avenue
at East One Hundred and Sixty-fifth street in The City of
New York..
.......... 680
Title 6. — Department of Street Cleaning.
1883. An act to authorize the commissioner of street cleaning of
The City of New York to appoint a deputy..... ......... 498
Superseded by Charter, ch. 10, title 6.
692
Title 7.- Department of Sewers.
1892. An act to adjust and confirm a fair and equitable assess-
ment of the expense of constructing sewers in Tenth ave-
nue, between Kingsbridge road and One Hundred and Sev-
enty-third street, in The City of New York................ 554
1893. An act to provide for the immediate sewerage and drain-
1085
lxxiv
TABLE OF ACTS NOT REPEALED.
0
0
Ch. Page.
age of the twenty-third and twenty-fourth wards of The
City of New York..
... 714 1779
Amended, L. 1895......
....... 576 1274 ·
1895. An act to create a commission to inquire into the expe-
diency of constructing a sewer and highway through the
counties of New York and Westchester along the Bronx
river ...........
.......1021 2070
1896. An act relative to the construction of sewers and drains
in the twenty-third and twenty-fourth wards of The City
of New York (giving authority to lay same in streets less
than fifty feet wide] ..........
....... 831 1102
1897. An act to provide for the completion and extension of the
Williamsbridge sewer system in The City of New York..... 675
Title 8.—The Department of Public Buildings, Lighting and Supplies.
1883. An act to provide for the construction and maintenance of
four free public baths in The City of New York............ 425 597
1885. An act providing for placing electrical conductors under
ground in cities of this state, and for commissioners of
electrical subways..
· 499 852
Amended, L. 1886...
........ .......... 503 732
1886. An act to facilitate the supply of illuminating gas in The
City of New York at a reasonable price [by authorizing
the Standard Gas Light Company to lay mains in streets,
etc., and furnish gas under certain restrictions)............ 248 419
1886. An act to authorize the formation of gas companies in
The City of New York, and to regulate the powers and
duties of the same.........
.............. 321 512
1886. An act to regulate the price of illuminating gas in cities
of eight hundred thousand inhabitants and over........... 322 517
1887. An act to provide for the construction and maintenance
of a free public bath in the East river, between Dover and
Pike streets, in The City of New York..................... 209245
1887. An act to provide for the construction and maintenance of
a free public bath in the East river, between Forty-ninth
and Fifty-first streets, in The City of New York............ 227 269
1888. An act to provide for the construction and maintenance
of an additional public bath in The City of New York...... 402 671
1888. An act to provide for the construction and maintenance
of a free public bath in the Hudson river, between One
Hundred and Twenty-eighth and One Hundred and Thir-
tieth streets, in The City of New York...................... 411 682
1889. An act to provide for the erection and maintenance of a
free public bathing-bouse in The City of New York [in
charge of board of " municipal bathing-house commission-
ers,” composed of mayor, recorder, the president of depart-
ment of charities and correction and the commissioner of
public works).....
............ 452 616
. See Charter, & 573, subd. 4.
1890. An act to amend chapter three hundred and twenty-three
of the Laws of eighteen hundred and eighty-eight, entitled
TABLE OF ACTS NOT REPEALED..
lxxv
65
Ch. Page.
“ An act to provide for the erection of a building for certain
purposes relating to the public interests in The City of New
York” [L. 1888, ch. 323, was repealed by L. 1889, ch 81].. 299582
Amended, L. 1892....
... 414 864
Amended, L. 1893....
.... 514 1109
Amended, L. 1895....
750 1549
Amended, L. 1895....
......... 750 1552
See Charter, § 573, subd. 1
1890. An act in relation to electrical conductors in The City of
New York (creating board of electrical control and provid-
ing for removal of electrical conductors from overhead to
underground conduits......
.......... 716 928
Amended, L. 1896....
.............. 550 974
1991. An act in relation to the electrical subways in The City of
New York [authorizing contracts for construction of sub-
ways] ........
.. 231 427
See Charter, $ 573, $ 2.
1891. An act in relation to the term of office of the board of
electrical control in and for The City of New York...... 383 738
See Charter, § 573, subd. 2.
1892. An act to provide for the construction of a public building
[for the seventh district police court and the eleventh
judicial district court] in The City of New York............ 43
Amended, L. 1894....
.. 44 115
1892. An act in relation to electrical subways in The City of
New York....
......... 263 519
See Charter, § 573, subd. 2.
1892. An act to authorize the East River Gas Company of Long
Island City to supply gas and electricity in The City of
New York...........
.......... 338 693
See Charter, § 573, subd. 2.
1893. An act in relation to the term of office of the board of
electrical control in and for The City of New York........ 396 803
See Charter, $ 573, subd. 2.
1894. An act in relation to the term of office of the board of
electrical control in and for The City of New York........ 207 368
See Charter, $ 573, subd. 2.
1896. An act to provide for a better system of lighting passenger
cars on elevated railroads in cities of over twelve hundred
thousand inhabitants............
......... 388 375
See Charter, § 573, subd. 2.
1897. An act to provide for the erection of a building for certain
purposes relating to the public interests in The City of New
......... 59
Amended, L. 1897..... .........
1897. An act authorizing the operation of electrical conductors
[for use by the United States for the purpose of lighting
certain buildings] in The City of New York, and the con-
struction of a subway therefor.........
............. 68 97
1897. An act in relation to the term of office of the board of
electrical control in and for The City of New York (extend-
ing the same for one year from November 1, 1897]......... 1710
York ......
. 792
1xxvi
TABLE OF ACTS NOT REPEALED.
U
Title 9.-- Department of Bridges.
Ch. Page.
1882. An act to provide the means to complete the construction
of the New York and Brooklyn bridge, and to open it for
public use..........
.............. 368 523
1883. An act to improve the approach to the New York and
Brooklyn bridge, in the city of Brooklyn, and to authorize
the city of Brooklyn to provide the means therefor by the
issue of bonds...............
.......... 228 234
1885. An act to provide for the construction of a bridge over
the Harlem river [fifteen hundred feet north of High Bridge]
in The City of New York
....... 487 828
1886. An act relating to the New York and Brooklyn bridge
[providing for erection of elevated platform across Chatham
street] .........
4 12
1887. An act to promote the construction of a means of transit,
either by bridge or tunnel, across the East river, at a point
at or near Broadway, between Kent and Bedford avenues,
or thereabouts, in the city of Brooklyn, to a point at or near
Grand street, between the river and East Broadway, or
thereabouts, in The City of New York.........
OI New York...................... 231 290
1887. An act in relation to the New York and Brooklyn bridge
(giving power to trustees to make ordinances for use of
bridge and travel thereon, and to acquire additional real
estate for Brooklyn terminus].....
.......... 563 735
1890. An act to provide for the construction of a bridge over
the Harlem river [Macomb's Dam bridge] in The City of
New York..............
.. 207 415
Amended, L. 1892.....
.. 13 34
See L. 1892........................................... 552 1084
1890. An act in relation to the bridge over the Harlem river, in
The City of New York, known as Washington bridge, and
the acquisition and improvement of lands in connection
therewith ............
................ 249 464
1891. An act in relation to the New York and Brooklyn bridge
[authorizing improvement of terminal facilities, acquisition
of real estate therefor, regulating application of revenues,
liability of trustees, etc.]......
................. 128 29,
Amended, L. 1891.................................... 248 466
1891. An act to authorize the trustees of the New York and
Brooklyn bridge to make the footpath upon said bridge
free to pedestrians...
....................... 332 661
1892. An act to provide for the construction of a bridge over the
Harlem ship canal, in The City of New York............... 232 483
Amended, L. 1894....
....................... 48 119
1892. An act to provide for the construction of a drawbridge
over the Harlem river, in The City of New York, and for the
removal of the present bridge at Third avenue in said city. 413 861
Amended, L. 1894.
540 1138
Amended, L. 1996.,..
............ ........... 716 865
Amended, L. 1897..
............ 660
1893. An act to authorize bridge companies to lay tracks and
TABLE OF ACTS NOT REPEALED.
lxxvii
. 544.
Ch. Page..
operate a railway upon any bridge connecting any city in
the State of New York, of more than one million inhabit-
ants, with any other city in said State......... .......... 225 394
1894. An act to provide for the construction of a bridge over the
Harlem river, in The City of New York.................... 147 286
Amended, L. 1897.....
.................. 664
1894. An act relating to an approach to the Washington bridge,
in The City of New York, known as Boscobel avenue...... 539 1137
1894. An act to provide for the construction of a bridge over the
Mott Haven canal at One Hundred and Thirty-eighth street,
in The City of New York..
1142
1894. An act to authorize the construction of a new bridge con-
necting Pelham Bay park with City Island, in the county
of Westchester.......
........ 638 1615
Amended, L. 1896.....
........... 507 608
1895. An act to authorize the construction of a bridge over the
East river between the cities of New York and Brooklyn.. 789 1687
Amended, L. 1896.....
........ 612 732
See L. 1896.....
............. 734 896
1895. An act to provide for the construction of a drawbridge
over the Harlem river, connecting the easterly end of One
Hundred and Forty-fifth street and the marginal or ex-
terior street in the twelfth ward of The City of New York,
with East One Hundred and Forty-ninth street and exterior
street in the twenty-third ward of said city................ 986 2015
1896. An act to authorize the trustees of the New York and
Brooklyn bridge to make the roadways upon the said
bridge free to bicycle riders.....
.......... 87 133
1896. An act to lay out and establish an approach and entrance
to the Grand Boulevard and Concourse from the Central
bridge over the Harlem river to Butternut street and Pond
Place, in The City of New York....
........ 57 76
Amended, L. 1897.....
........ 679
1896. An act to provide for the construction of a bridge over
the Bronx river at Westchester avenue, in The City of New
York
......
...........
........... 617 740
1896. An act to provide for the construction of a bridge over
the Mott Haven canal at One Hundred and Thirty-fifth
street, in The City of New York............ ........., 623 747
1897. An act to provide for a temporary bridge and approaches
over the Bronx river at or near Westchester avenue, in
The City of New York, in connection with the bridge here-
tofore authorized to be constructed under chapter six hun-
dred and seventeen of the Laws of eighteen hundred and
ninety-six .......
........... 24 32
1897. An act to provide for a bridge and approaches over the
Bronx river between the Williamsbridge and Woodlawn
stations of the New York and Harlem railroad in The City
of New York.............................................. 357
1897. An act relative to the new East river bringe, authorized to
be constructed by chapter seven hundred and eighty-nine
l...................................
.......
.........
..................
1xxviii
TABLE OF ACTS NOT REPEALED.
Ch. Page.
of the laws of eighteen hundred and ninety-five, entitled
“An act to authorize the construction of a bridge over the
East river between the cities of New York and Brooklyn”.. 421
1897. An act to supplement chapter seven hundred and éighty-
nine of the laws of eighteen hundred and ninety-five, enti-
tled “ An act to authorize the construction of a bridge over
the East river between the cities of New York and Brook-
lyn,” as amended by chapter six hundred and twelve of the
laws of eighteen hundred and ninety-six.... .......... 422
1897. An act to provide for the construction of a bridge over
the Bronx river at East One Hundred and Seventy-seventh
street [Tremont avenue] in The City of New York [by the
commissioner of street improvement of the twenty-third
and twenty-fourth wards of The City of New York]........ 657
1897. An act providing for regulating the carrying of passen-
gers across the New York and Brooklyn bridge, and
affecting the rates of fare therefor..
.... 663
-
.......................
000
CHAPTER XI.
DEPARTMENT OF PARKS.
Title 1.- Parks of the City.
1883. An act for the appointment of commissioners to select
and locate lands for public parks in the twenty-third and
twenty-fourth wards of The City of New York, and in the
vicinity thereof........
............ 253 285
1884. An act making provision for the improvement of the park
in Mission place, in the sixth ward of The City of New
York ...................................................... 18 26
1884. An act to alter the map of The City of New York by lay-
ing out thereon a public park at Coenties slip, and to pro-
vide for the regulation and control thereof [by department
of public parks]...
............... 76 75
1884. An act to authorize the commissioners of public parks
in The City of New York to change the name of the Reser-
voir square, in the said city of New York, to Bryant park.. 282 343
1884. An act to establish a public place in the twenty-second
ward in The City of New York [block bounded by Seventy-
second and Seventy-third streets, Tenth avenue and Broad-
way boulevard]......
........ 451 525
1884. An act to make provision for a public park in the seventh
ward of The City of New York, including therein all neces-
sary alterations of the map or plan of said city, the acqui-
sition of land for such park and the payment of all expenses
connected therewith from moneys to be raised by bonds,
taxes and assessments for local improvements............. 529639
Amender. L. 1889........
................ 344 455
Amended, L. 1894.......
1. 1894....................................
.... 251 456
1884. An act laying out public places and parks and parkways
in the twenty-third and twenty-fourth wards of The City
of New York, and in the adjacent district in Westchester
1
TABLE OF ACTS NOT REPEALEDY
· Ixxix
.
.......
179
..................
avenue
....................................................
517
2. Page.
county, and authorizing the taking of the lands for the
same
· 522 625
Amended, L. 1888.....
. 421 693
Amended, L. 1889.....
77
See L. 1892..
417 867
See L. 1895
......... 609 1304
1885. An act to define, lay out and establish the boundaries
and lines of Riverside park and Twelfth avenue, between
Seventy-ninth and One Hundred and Twenty-ninth streets in
The City of New York...
............ 496 838
1886. An act extending the jurisdiction of the department of
public parks in The City of New York over a portion (from
Fifty-ninth to One Hundred and Tenth streets] of Fifth
avenue ...
............. 317 509
1886. An act relative to the Riverside park and drive in The
City of New York [authorizing the setting apart of portion
of park for memorial grounds for remains of Gen. U. S.
Grant] ........
..... 338 548
1887. An act in relation to the jurisdiction of the department
of public parks in The City of New York over certain
streets and avenues in said city [Seventy-second street
from Central Park to Riverside Drive; One Hundred
and Twenty-second street from Riverside Drive to Morning-
side avenue; Morningside avenue and One Hundred and
Tenth street from Morningside avenue to Fifth avenue).. 179 198
1887. An act to provide for the location, construction and
improvement of additional public parks (south of One
Hundred and Fifty-fifth street] in The City of New York.. 320 394
1887. An act to provide for the completion of the construction
of certain public parks [Central Park, Morningside Park,
Riverside Park, Mount Morris Park, Manhattan Square and
East river Park and grounds around Metropolitan Museum
of Art in Central Park] in The City of New York........... 575 1786
1887. An act to authorize further appropriations for the main-
tenance of the museums in the Central Park in The City of
New York.....
1887. An act authorizing the mayor, aldermen and commonalty
of the City of New York to establish a public place adja-
cent to Central park at One Hundred and Tenth street and
Eighth avenue, between One Hundred and Ninth and One
Hundred and Eleventh streets, and One Hundred and Tenth
street between Eighth avenue and the new avenue next
westerly therefrom, in The City of New York.............. 580 790
. Amended, L. 1888....
.. 424 699
Repealed, L. 1891....
... 275 501
1887. An act to provide for the completion of the building in
the Central Park in The City of New York, occupied by
the Metropolitan Museum of Art...
............ 581 792
Compare Charter, 88 613, 617, 621.
1888. An act relative to railways in the transverse roads of Cen-
tral Park in The City of New York........ ........... 407 678
........... 579
789
1xxx
TABLE OF ACTS NOT REPEALED.
Ch. Page.
1889. An act to provide for the completion of the addition of
the building situated in The Central Park of The City of
New York, and occupied by the American Museum of Nat-
ural History, and for grading the grounds about the same
and constructing the approaches tnereto..
.... 89 87
Compare Charter, $$ 613, 617, 622.
1889. An act to provide for suitable buildings and accommoda-
tions for the zoological collection in the Central Park in
The City of New York......
.... 210 258
1889. An act to provide for the completion [by the department
of public parks] of the inclosure of Morningside Park, and
of the bays and approaches to, and of the sidewalks bound-
ing said park in The City of New York. .................. 444 611
1889. An act to provide for the completion of the north exten-
sion of the building in the Central Park in The City of New
York, occupied by the Metropolitan Museum of Art........ 513 693
Compare Charter, $$ 613, 617, 621.
1890. An act to authorize the department of public parks in
The City of New York to grant to the New York Central
and Hudson River Railroad Company a revocable license to
occupy a strip of land on the westerly side of Bronx park,
in the twenty-fourth ward of said city, for a passenger sta-
tion and the approaches thereto, for the convenience of
persons visiting said park and others....
............. 405 765
1890. An act conferring authority upon the department of pub-
lic parks in The City of New York, relative to certain
ancient vaults and burial plots situate in Van Cortlandt
park, in said city, and in Pelham Bay park, in the county
of Westchester....
... 474 863
1891. An act to provide for the establishment of a botanic
garden and museum and arboretum in Bronx park in The
City of New York, and to incorporate the New York Botani-
cal Garden for carrying on the same........
...... 285 523
Amended, L. 1894.
...................... 103
Amended, L. 1896.........
............ 717 871
1891. An act to establish Cathedral parkway, by widening and
enlarging One Hundred and Tenth street between Seventh
avenue and Riverside park, so as to conveniently connect
thereby, and by appropriate entrances in connection there-
with, Central park, Morningside park and Riverside park,
in The City of New York, and to repeal chapter five hundred
and eighty of the laws of eighteen hundred and eighty-
seven and chapter four hundred and twenty-four of the
laws of eighteen hundred and eighty-eight relative to the .
same improvement.........
........... 275 501
1892. An act relative to the improvement of Castle Garden and
the grounds adjoining in the Battery park in The City of
New York..........
...... 28 46
See L. 1893...
.......... 254 489
1892. An act to authorize further appropriation for the main-
..........
TABLE OF ACTS NOT REPEALED.
lxxxi
...........................
4 19
........
...........................
23
...................
Ch. Page.
tenance of the Metropolitan Museum of Art in the Central
Park in The City of New York.....
419 869
Amended L. 1893....
476 972
Compare Charter, $$ 613, 617, 621.
1892. An act to provide for the equipping and fitting up of the
north extension of the building in the Central Park, in The
City of New York, occupied by the Metropolitan Museum
of Art..
420 869
Compare Charter, $$ 613, 617, 621.
1892. An act to provide for enlarging the building situated on
Central Park, in The City of New York, and occupied by the
American Museum of Natural History, for the purpose of
furnishing proper facilities for giving increased exhibition
and public instruction.
... 423 871
Amended L. 1893...
..... 448 935
See L. 1894....
· 63 145
Compare Charter, $$ 613, 617, 622.
1892. An act relative to railways in and near public parks in
the cities of the State of New York [in tunnels or depressed
roads] ....
.... 532 1062
1893. An act to establish and regulate a public driveway in The
City of New York [on westerly shore of Harlem river from
One Hundred and Fifty-fifth street to Dyckman street].... 102 201
Amended, L. 1894...
....... 8 6
Amended, L. 1895....
.......... 894 1914
1893. An act to provide for the improvement and maintenance
of the public parks in the twenty-third and twenty-fourth
wards of The City of New York........... ........... 184 311
1893. An act to provide for the equipping and fitting up of the
north extension of the building in the Central Park, in The
City of New York, occupied by the Metropolitan Museum
of Art......
......... 276 556
Compare Charter, $$ 613, 617, 621.
1893. An act to authorize the commissioner of parks of The City
of New York to improve and beautify Van Cortlandt park
by altering or changing the location of existing railway
routes in said park, and in lieu thereof to establish other
and new routes of railway for the transportation of persons
and property through said park.............. .......... 313 645
1893. An act to vacate assessments made or which may here-
after be made for making and laying out Mulberry Bend
Park in The City of New York...
........... 526 1123
1894. An act to provide for the improvement of parks, park-
ways and drives in The City of New York, and in Pelham
Park ............................
............. 11 27
1894. An act to provide for the completion of Cathedral park-
way and the entrances or approaches thereby to Central,
Morningside and Riverside Parks, in The City of New
.......... 45 116
1894. An act to provide for the planting, care and preservation
of the trees in West End avenue in The City of New York.. 46 117
York ..
vi
lxxxii
TABLE OF ACTS NOT REPEALED.
2
Ch. Page.
1894. An act laying out a public park in the twelfth ward of
The City of New York, and authorizing the taking of lands
for the same located from One Hundred and Forty-fifth
to One Hundred and Fifty-fifth streets and Bradhurst
avenue] .......
......... 56 1.6
1894. An act to provide for the completion of the construction
of the Riverside Park and drive in The City of New York.. 74 170
Amended, L. 1895..
...... 120 110
1894. An act in relation to the New York Botanical Garden, in-
corporated by chapter two hundred and eighty-five of the
laws of eighteen hundred and ninety-one, and for the
amendment thereof, and for the repeal of chapter five
hundred and seventy-four of the Laws of eighteen hundred
and ninety-three, relating to said garden................. 103 221
Comp. Charter, 8 613.
1894. An act providing for the improvement of the land and
water front adjacent to Riverside Park in The City of New
York by extending and improving said park, and regulat-
ing the use of said land and water front.................. 152 296
1894. An act to provide for the construction of a building for
certain purposes relating to the public interests [for public
business of department of street improvements of the
twenty-third and twenty-fourth wards in Crotona park?
in The City of New York...
............ 248 448
1894. An act to lay out and establish a public park in the
twelfth ward of The City of New York, to be known as St.
Nicholas park, and for the improvement thereof.......... 366 766
Amended, L. 1895.................................... 522 925
1894. An act to provide for the construction and improvement
of Corlear's Hook Park, in The City of New York... ..... 511 1099
1894. An act to lay out Fort Washington Park in the twelfth
ward of The City of New York....
.......... 581 1329
Amended, L. 1895....
... 462 824
1894. An act to authorize the board of street opening and im-
provement of The City of New York to establish a public
place on the southeasterly projection of Cedar Park, in
said city, for the convenience of public travel and traffic... 661 1671
1894. An act laying out an additional public park in the twelfth
ward of The City of New York, and authorizing the taking
of land for the same [from One Hundred and Eleventh to
One Hundred and Fourteenth street, along East river].... 746 1854
1894. An act to provide for the acquisition of lands for public
use (as a park] between the Tenth avenue and other streets
and the Harlem river, in The City of New York, adjoining
and in addition to the lands authorized to be acquired by
chapter two hundred and forty-nine of the Laws of eigh-
teen hundred and ninety, and chapter one hundred and
two of the Laws of eighteen hundred and ninety-three. ... 749 1869
Amended, L. 1895.........
.......... 876 1889
1895. An act to provide for enlarging the building situated in
Central park in The City of New York, and occupied by the
...........
......
TABLE OF ACTS NOT REPEALED.
lxxxiii
Ch. Page.
American Museum of Natural History, for the purpose of
furnishing proper facilities for increased exhibitions...... 235 301
1895. An act to authorize further appropriations for the main-
tenance of the American Museum of Natural History in
The City of New York...
......... 236 302
Comp. Charter, $$ 613, 617, 622.
1895. An act to provide for the location, acquisition, construc-
tion and improvement of additional public parks in The
City of New York, and for the construction therein of
school-houses, school playgrounds and municipal baths.. 293 389
Amended, L. 1897..
......................... 676 .
1895. An act to provide for the construction of an extension of
the building in the Central Park, in The City of New York,
occupied by the Metropolitan Museum of Art............. 347 493
Amended, L. 1897.................................... 638
Comp. Charter, $$ 613, 617, 621
1895. An act transferring the care, custody and control of the
two small parks on East Forty-second street, between
First and Second avenues, New York city, from the property
owners on said street, between said avenues, to the depart-
ment of public parks of The City of New York.......... 358 500
1.895. An act to incorporate the New York Zoological Society
and to provide for the establishment of a zoological garden
in The City of New York....
......... 435 778
Comp. Charter, $ 626.
1895. An act for the protection of public parks in The City
of New York (prohibiting erection of factories, etc., on pub-
lic parks or water front]...
. 900 1919
1895. An act to provide for the laying out of a public park in
The City of New York [between Twentieth and Thirtieth
streets, west of Ninth avenue]....
.. 911 1926
1895. An act to legalize and confirm the expenditures made by
the department of public parks in The City of New York,
under the authority conferred by chapter eleven of the
Laws of eighteen hundred and ninety-four, entitled “ An
act to provide for the improvement of parks, parkways,
and drives in The City of New York, and in Pelham Park.. 980 2007
1896. An act to lay out and establish a public park in the
twenty-third ward in The City of New York, and for the
improvement thereof [located at One Hundred and Sixty-
second street and Cromwell .avenue].........
224 269
Amended, L. 1897....
......... 70 99
1896. An act for the protection of the Battery park in The
City of New York......
.............. 100 141
1896. An act to provide for enlarging the building situated
in Central Park, in The City of New York, and occupied by
the American Museum of Natural History, for the purpose
of furnishing proper facilities for increased exhibition.... 175 240
Comp. Charter, $$ 613, 617, 622.
1896. An act to provide for the improvement of parks, park-
· ways and drives in The City of New York.,
.. 1:94 252
lxxxiv
TABLE OF ACTS NOT REPEALED.
Ch. Page.
1896. An act to lay out and establish a public park in the
twenty-third ward of The City of New York, and for the
improvement thereof [near One Hundred and Sixty-second
street and Cromwell avenue]............................... 224 269
1896. An act to ratify the laying out of Saint John's Park,
in The City of New York, for a small public park, and to
provide for the payment of the expenses of acquiring title
thereto and the construction and improvement thereof.... 295 337
1896. An act to improve and add to the building situated in
Crotona Park, in The City of New York, the construction
of which was authorized by chapter two hundred and
forty-eight of the Laws of eighteen hundred and ninety-
four .....
.......... 404 444
1896. An act relative to the improvement and completion of
Riverside Park, in The City of New York................ 504 605
1896. An act to provide for the acquisition and construction
of a public park at the junction of East One Hundred and
Ninety-second street, the King's Bridge road and Grand
Boulevard or Concourse, in the twenty-fourth ward of The
City of New York....
........... 537 700
1896. An act in relation to the jurisdiction of the department
of public parks in The City of New York over certain
streets in said city [West Ninety-seventh street from West
End avenue to Hudson river and West One Hundred and
Twenty-third street from Morningside avenue to westerly
terminus] ..
621 745
Amended, L. 189......
............ 319
1896. An act to provide for the improvement of Ryan Park in
The City of New York..
1896. An act to provide for the establishment of Rose Hill Place,
in the twenty-fourth ward of The City of New York....... 624 748
1896. An act authorizing the mayor, aldermen and commonalty
of The City of New York to acquire, by condemnation pro-
ceedings, for highway or park purposes, lands in, or ad-
jacent to, the old Croton aqueduct in The City of New
York ...........
................ 713 860
1896. An act to provide for the furnishing and 'equipment of
the building in Crotona Park for the use of the commis-
sioner of street improvements of the twenty-third and
twenty-fourth wards.......
.................... 720 875
1896. An act to provide for an addition to Riverside Park in
The City of New York.........
................. 727 887
1896. An act authorizing the board of park commissioners of
The City of New York to transfer the custody of the Van
Cortlandt mansion, in Van Cortlandt park, to the Society of
Colonial Dames of the State of New York for the establish-
ment of a museum for historical relics........
837 1110
1897. An act to authorize The City of New York to issue its
bonds or stock for the purpose of providing means to pay
for land heretofore acquired for public use for a public
park, known as Fort Washington Park, authorized by
................
...... 622
746
TABLE OF ACTS NOT REPEALED.
lxxxv
Ch. Page.
chapter five hundred and eighty-one of the Laws of eigh-
teen hundred and ninety-four, and to authorize the board
of estimate and apportionment of said city to revise and
reduce the final estimates of the sum to be collected by
tax on the estates, real and personal, in said city, for the
year eighteen hundred and ninety-seven.................. 58 76
1897. An act to ratify the laying out of a small public park at
One Hundred and Seventeenth street, Avenue Saint Nicho-
las and Seventh avenue, in the twelfth ward of The City
of New York, known as Kilpatrick Square Park, and to pro-
vide for the cancellation and refunding a part of the
assessments for acquiring title thereto................... 198 286
1897. An act to provide for enlarging the building situated
in Central Park, in The City of New York, and occupied
by the American Museum of Natural History, for the
purpose of furnishing proper facilities for increased exhi-
bition and public instruction......
........ 213 306
Compare Charter, $8 613, 617, 622.
1897. An act to provide for the construction and improvement
of the Spuyten Duyvil parkway and the streets connecting
the same with Broadway, in the twenty-fourth ward of The
City of New York, and to raise the moneys therefor........ 301
1897. An act in relation to the acquiring of title by the mayor,
aldermen and commonalty of The City of New York, wher-
ever the same has not been heretofore acquired, to a public
place bounded by Tremont avenue, Burnside avenue,
Webster avenue and Ryer avenue, in the twenty-fourth
ward of The City of New York, providing for raising of part
of the expense thereof by assessment, and part out of the
fund known as the “fund for street and park openings,"
in said. city......
......... 423
1897. An act to provide for the improvement of a portion of
Bronx park in The City of New York, to be allotted and
set apart to the New York Zoological Society......
1897. An act to provide for the construction of a public build-
ing in Bryant park in The City of New York, to be occupied
by the New York Public Library, Astor, Lenox and Tilden
foundations .......
......... 556
See Charter, $ 623.
1897. An act for the improvement and creation of a garden in
that part of Van Cortlandt park lying between the old
Van Cortlandt mansion and Van Cortlandt lane............ 633
1897. An act to provide for the improvement of parks, park-
ways and drives in The City of New York [authorizing the
expenditure by the department of public parks of not
exceeding two hundred and fifty thousand dollars]........ 643
1897. An act to provide for the acquisition and construction of
a public park at the junction of East One Hundred and
Eighty-first street, Sedgwick avenue and Cedar avenue, in
the twenty-fourth ward of The City of New York.......... 654
1897. An act to lay out and establish and construct a public
....... 510
lxxxvi
TABLE OF ACTS NOT REPEALED.
.... 666
Ch. Page.
drive and parkway in The City of New York, as an exten-
sion of the Riverside Drive to the Boulevard La Fayette.... 665
1897. An act relating to the improvement and completion of
Riverside park in The City of New York [authorizing the
issuing of bonds to an amount not exceeding four hundred
thousand dollars]......
1897. An act to authorize the board of commissioners of the
department of public parks of The City of New York to
enter into a contract with the Grant Monument Association
for the care and preservation of the tomb of General Grant
at Riverside Park......
........... 670
1897. An act to provide for the improvement of that portion of
Crotona park on which is located the public building in
The City of New York......
............ 678
Title 2.—The Art Commission.
1889. An act to authorize and provide for the erection by [the
park department] of The City of New York, of a monu-
ment in any of the public parks, squares or places belong-
ing to said city, in honor and memory of John
Lricsson, deceased......
.......... 266 330
Amended, L. 1891....
... 251 471
See Charter, $$ 637, 638, 639.
1891. An act to authorize and provide for the erection, by The
City of New York, a monument in any of the public parks,
squares or places belonging to said city, in honor and
memory of Colonel Ward B. Burnett (deceased), of the
First Regiment of New York volunteers, in the army of
the United States, in the war with Mexico, in the years
eighteen hundred and forty-six, eighteen hundred and
forty-seven and eighteen hundred and forty-eight........ 62 76
1893. An act to provide for a soldier's and sailor's memorial
arch in The City of New York [to be erected on such place
as the park commissioners may designate] .............. 522 1119
See Charter, 88 637, 638, 639.
1894. An act to authorize the board of estimate and apportion-
ment of The City of New York to provide for the erection
of monuments in The City of New York [appropriation
not to exceed $50,000, and the design of monuments to
receive the approval of the trustees of the Metropolitan
Museum of Art].......
.......... 190 350
See Charter, $$ 637, 638, 639.
1894. An act to authorize and provide for the erection by The
City of New York of a monument in Battery park in honor
of the historical event of the evacuation of The City of
New York by the British army in seventeen hundred and
eighty-three, and making an appropriation therefor...... 523 1117
See Charter, $$ 637, 638, 639.
1896. An act in relation to the erection of public monuments
or memorials in The City of New York...... .......... 108 147
See Charter, $$ 637, 638, 639.
TABLE OF ACTS NOT REPEALED.
lxxxvii
CHAPTER XII.
DEPARTMENT OF BUILDINGS.
Ch. Page,
1885. An act to regulate the height of dwelling houses in The
City of New York...
.......... 454 763
1892. An act to create a department of buildings in The City
of New York, and to amend chapter four hundred and ten
of the Laws of eighteen hundred and eighty-two, entitled
“ An act to consolidate into one act and to declare the
special and local laws affecting public interests in The City
of New York,” in so far as the same relates to the fire
and building departments of said city, and by adding a
new section thereto, creating a bureau, to be known as
“ the bureau of fire alarm, telegraph and electrical appli-
ances” ..........
............. 275 543
Superseded by Charter, § 644.
1897. An act to regulate the height of fireproof dwelling
houses in The City of New York...
...... 321
..............
CHAPTER XIII.
DEPARTMENT OF PUBLIC CHARITIES.
600
417
0
0
1883. An act to enable the commissioners of public charities
and correction of The City of New York to purchase land
outside of the county of New York for the purpose of
furnishing additional facilities for the care and maintenance
of the inmates of the institutions under the control of said
commissioners, and to regulate the control thereof...... 428
1884. An act to amend chapter 679 of the Laws of 1872, entitled
“An act authorizing the commissioners of public charities
and correction in The City of New York to acquire title
to portions of Ward's island, and the water rights sur-
rounding the same”.....
............ 342
1886. An act [authorizing the commissioners of charities and
correction] to provide for the establishment of municipal
lodging-houses in The City of New York................. 535
1892. An act to enable the commissioners of public charities
and correction of The City of New York to purchase addi-
tional land and erect and equip additional buildings
thereon for the purpose of furnishing additional facilities
for the care and maintenance of insane persons in the
institutions under the control of said commissioners, and
to regulate the control thereof......... ........... 537
1896. An act to make further provision for the proper mainte-
nance, care and treatment of sick, infirm and destitute per-
sons under the jurisdiction and care of the commissioner of
public charities in The City of New York........ ........ 724
764
1071
883
1xxxviii
TABLE OF ACTS NOT REPEALED.
CHAPTER XIV.
DEPARTMENT OF CORRECTIONS.
Ch. Page.
1885. An act [authorizing the commissioners of public charities
and correction] to establish a ward for the surgical and
medical treatment of persons wounded or taken ill in The
City of New York, north of One Hundredth street and east
of Fifth avenue............... ....................... 482 819
1895. An An act in relation to the commitment and discharge
of persons convicted of public intoxication, disorderly
conduct or vagrancy in the city and county of New York.. 237 303
Amended, L. 1896...
......... 886 1158
See Charter § 662.
1895. An act in relation to the House of the Good Shepherd in
The City of New York, and for the care of inebriate
women .........
..... 877 1893
1897. An act to define the jurisdiction of the commissioner of
corrections in Greater New York.......
......... 631
1897. An act to amend [section four of] chapter six hundred
and twenty-six of the Laws of eighteen hundred and
ninety-six, entitled “An act to make further provision for
the proper custody, care and maintenance of criminals and
misdemeanants under the jurisdiction of the commissioner
of correction of The City of New York,” relative to the
amount of consolidated stock to be issued by the comp-
troller from time to time...
..............
..................................
... 642
64%
.......
CHAPTER XV.
FIRE DEPARTMENT.
Title 1.- Organization, Duties and Powers of Officers and Men.
1884. An act to regulate the grade and to fix the pay or compen-
sation of uniformed members of the fire department who
are firemen, in all cities of this State having, according to
the last census, a population exceeding eight hundred
thousand ......
.......... 234 294
Amended, L. 1895...
. 269353
1887. An act in relation to the compensation of the chiefs of
battalion of the fire department in all cities of the State
having, according to the last census, a population exceeding
nine hundred thousand....
.... 218 256
Superseded by Charter, § 740.
1892. An act in relation to the compensation of the officers of
the uniformed force of the fire department in all cities
of the State having, according to the last census, a popu-
lation exceeding nine hundred thousand..... .......... 710 1466
Superseded by Charter, 8 740.
1894. An act to provide for the issue of bonds for the fire
department of The City of New York [for the purchase of
material, the erection of buildings, etc.]...
176 172
Amended, L. 1896........
751 981
Comp. Charter, § 725.
896...................................
7
TABLE OF ACTS NOT REPEALED.
lxxxix
Ch. Page.
1894. An act in relation to building sites for the fire depart-
ment of The City of New York...
... 151 294
215
738
353
59
CHAPTER XVI.
DOCKS, PIERS, HARBOR, PORT AND WATERS.
Title 1.- Department of Docks and Ferries.
1883. An act to legalize the use of a seal by the department of
docks of The City of New York........
........... 206
Superseded by Charter, § 830.
1887. An act to provide for fixing the salaries of the coinmis-
sioners of docks in all cities of this State having, according
to the last census, a population exceeding eight hundred
thousand ............................
.......... 565
Superseded by Charter, § 816.
1889. An act to provide for the construction and maintenance
[by the department of docks] of an exterior street wharf
or place along a portion of the East river [between Forty-
ninth and Fifty-third streets] in The City of New York... 286
See Charter, § 837.
1891. An act to authorize the department of docks of The City
of New York to set aside certain of the water front owned
by the said city for the exclusive use of the fire department
of said city......
........... 46
See Charter, $ 838.
1892. An act to provide for the health and recreation of the
people by setting apart certain piers along the river fronts
of The City of New York for their use, and to make provi-
sion for the easier transaction of business by the people
of the State at such piers..........
............. 298
See Charter, $ 830.
1896. An act providing for the issue of additional dock bonds
by The City of New York.......
............. 246
Amended, L. 1897....
.................. 668
1896. An act for the acquirement of property for the improve-
ment of the water front of The City of New York, on the
North river, between Bethune street and Gansevoort
street in said city.
............... 265
See Charter, &$ 822, 824.
1896. An act for the acquirement of property for the improve-
ment of the water front of The City of New York, where
said property is owned in common or in joint tenancy
with the mayor, aldermen and commonalty of The City
of New York and other persons or corporations......... 609
See Charter, $$ 822, 824.
1896. An act for the acquirement of property for the improve-
ment of the water front in The City of New York, between
the southerly side of East Twenty-first street, upon the
East river, in The City of New York........
. 733
See Charter, $$ 822, 824.
617
289
.
O
303
728
895
XC
TABLE OF ACTS NOT REPEALED.
.
Title 2.- Piers, Slips and Wharfage.
Ch. Page,
1882. An act to issue and increase the supply and disposition
of wholesome fresh fish in The City of New York, and to
regulate the use of piers, number twenty-two and twenty-
three, East river.........
... 244 296
1882. An act to provide for anditional ferry slips and facilities
in New York city for the ferries operated and running
between Whitehall street in The City of New York and
the city of Brooklyn...
......... 25€ 312
1882. An act to regulate the use of certain slips, piers and
wharves on the East river, in The City of New York....... 276 342
1883. An act to authorize the dock department of The City of
New York to construct a pier for the use of the police de-
partment of said city.
.......... 189197
Amended, L. 1884.
.... 454 528
1883. An act relating to certain dock property (pier 36, North
river] in The City of New York.......
........... 208 216
1883. An act to amend chapter 249 of the Laws of 1875, entitled
"An act to regulate the use of slips, wharves and piers in
The City of New York” (providing that free public use of
pier, wharf, or slip on East river is not to be interfered
with] ....................
......... 435 616
Superseded by Charter, chap. 16, title 1.
1885. An act to prohibit the further use of pier number thirty-
seven, East river, in The City of New York, by the street
cleaning department as a dumping dock................... 430 738
1888. An act to confer certain powers [possessed by harbor
masters under L. 1883, ch. 357,] upon dock masters
appointed by the department of docks in The City of
New York...........
......... 199 269
Superseded by Charter, § 848.
1997. An act to regulate the rates of ferriage for foot passen-
gers on ferries between The City of New York and the
county of Richmond.......
.......... 328
1897. An act relating to the Brooklyn and New York Ferry
Company ..........
........ 792
Title 3.- General Provisions.
1882. An act to amend chapter 671 of the Laws of 1857, entitled
“ An act to establish regulations for the port of New
York," as amended by chapter 414 of the Laws of 1876 (for-
bidding the deposit of dredgings in the waters of the
port] ....
Superseded by Charter, § 880.
..
160
195
CHAPTER XVII.
TAXES AND ASSESSMENTS.
Title 1.- Department of Tares and Assessments, Powers and Duties.
1892. An act to provide for the establishment of the system of
block tax assessment-maps and records in The City of New
York ...
......... 542 1078
TABLE OF ACTS NOT REPEALED.
xci
Ch. Page.
1893. An act in relation to the assessment and payment of
taxes upon lands and property owned by The City of New
York held and occupied in other cities, towns or villages.. 185 313
1896. An act to exempt the real estate of religious corporations
in the twenty-third and twenty-fourth wards of The City
of New York from assessments for public improvements.. 618 743
See Charter, $ 905.
1897. An act to exempt the real estate of the Montefiore Home
for Chronic Invalids from taxation, assessment and water
rates ................
See Charter, § 903.
1897. An act to exempt a parcel of real estate of the Cathedral
Church of St. John the Divine in the twelfth ward of The
City of New York from certain local assessments............ 648
See Charter, § 905.
1897. An act to exempt from taxation certain real estate leased
to St. Luke's Methodist Episcopal Church in The City of
New York.....
......... 674
See Charter, § 905.
... 620
Title 2.-Assessments for Local Improvements Other Than Those Confirmed
by a court of Record.
1882. An act supplemental to chapter 550 of the Laws of 1880,
entitled “An act relating to certain assessments for local
improvements in The City of New York” (extending time
to file notices under act cited]........
............ 239 292
1882. An act in relation to the grades of streets and avenues in
that part of The City of New York, between Eighty-fourth
and Ninety-sixth streets, and between the Boulevard and
the Riverside drive.............
...... 378 530
See Charter, § 948.
1884. An act to authorize the board of street opening and im-
provement of The City of New York to alter or change
the grades of all streets in the said city, within that section
bounded on the south by Fifty-ninth street, on the north
by One Hundred and Twenty-third street, on the west by
Ninth avenue and on the east by Central Park and Seventh
avenue ...
.......... 453 527
See Charter, § 951.
1885. An act concerning local improvements in The City of New
York [establishing fund for same]............ ......... 174 314
Repealed by L. 1886, ch. 680, p. 968.
1885. An act relating to [repavement of certain parts of] the
Fifth avenue in The City of New York [forbidding street
railroads on same].....
........ 371 619
See Charter, § 948.
1885. An act to provide for the repaving of Eighteenth street
from First avenue to the East river in The City of New
York
.......................... ....... 491 832
1886. An act to authorize the renartment of public parks of
The City of New York to change and establish streets and
xcii
.
1
TABLE OF ACTS NOT REPEALEDCh. Page.
avenues, and the lines and grades thereof [between One
Hundred and Thirty-Eighth street, St. Mary's street, St.
Ann's avenue and Trinity avenue] in the twenty-third
ward of The City of New York.
........... 664 953
See Charter, § 970.
1887. An act in relation to the payment [by installments] of
assessments for local improvements in the twenty-third
and twenty-fourth wards in The City of New York........ 578 789
1889. An act relating to paving, repaving and repairing certain
streets in The City of New York, and the levying of
assessments to pay the expense thereof as a substitute
for covenants [in city grants on part of grantees to
pay expenses] for paving, repaving and repairing said
streets ........
.. 449 614
See Charter, § 948.
1892. An act for the repavement of certain streets and avenues
in The City of New York [as determined by board of esti-
mate and apportionment]....
........ 35 55
Amended, L. 1893......
............. 517 1112
1892. An act to provide for the repaving of Third avenue, from
the Harlem river to East One Hundred and Seventieth
street, in The City of New York..
.......... 305 627
See Charter, $ 948.
1894. An act to provide for the completion of the repaving of
Third avenue, from East One Hundred and Sixty-ninth
street to the northern boundary line of the twenty-third
ward, in The City of New York.......
.......... 150 293
See Charter, $ 948.
1894. An act relating to the Avenue A, in The City of New York
[providing for a repavement from Fifty-ninth to Eighty-
First street]....
........... 516 1106
See Charter, § 948.
1894. An act releasing from assessments heretofore levied cer-
tain real estate of the Manhattan Hospital Association of
The City of New York.....
......... 550 1153
See Charter, § 905.
1895. An act to provide for repaving the roads, streets and
avenues in the twenty-third and twenty-fourth wards in
The City of New York....
............. 112 105
. See Charter, § 948.
1895. An act relative to the repavement of streets and avenues
in The City of New York........
......... 475 837
See Charter, $ 948.
1896. An act to provide for repaving the roads, streets and
avenues in the twenty-third and twenty-fourth wards in
The City of New York.
........ 149 207
See Charter, $ 948.
1896. An act to authorize the board of revision and correction
of assessments in The City of New York to determine and
award damages for the changing of the original grade of
One Hundred and Sixty-seventh street, from Washington
TABLE OF ACTS NOT REPEALED.
xciii
Ch. Page.
avenue to Third avenue, in The City of New York, ac-
cepted by the city.........
........... 595 717
See Charter, § 951.
1897. An act to authorize the board of revision and correction
of assessments in The City of New York to determine and
award damages for the changing of the original grade of
Vanderbilt avenue, east, from One Hundred and Seventy-
ninth street to Samuel street, in The City of New York.... 39 52
See Charter, § 951.
1897. An act to authorize the board of revision and correction
of assessments of The City of New York to determine and
award damages for the changing of the original grade of
One Hundred and Sixty-second street between Cortlandt
avenue and Railroad avenue west and Cortlandt avenue
between One Hundred and Sixty-first and One Hundred and
Sixty-second streets in The City of New York.............. 684
1897. An act to authorize the board of revision and correction
of assessments in The City of New York to determine and
award damages for the changing of the original grade of
One Hundred and Fifty-third street from Railroad avenue
east to Morris avenue in The City of New York............. 685
................
Title 4.- Opening of Streets and Parks.
1884. An act establishing the lines of Mott avenue and Trinity
avenue or Delmonico place in the twenty-third ward of
The City of New York.....
......... 457 531
Amended, L. 1885.......
........... 484 825
1885. An act concerning the acquiring of title to lands required
for various public purposes in The City of New York
[establishing fund for street and park openings].......... 173312
Amended, L. 1895.....
......... 684 1472
1885. An act to enlarge the powers of the board of street open-
ings and improvements in The City of New York (trans-
ferring powers of department of public parks to lay out,
etc., public streets, parks, etc.].....
.......... 185 344
See Charter, $ 970.
1885. An act to change the location and width of certain
streets, avenues and highways [west of Riverdale avenue
and north of River street] in the twenty-fourth ward of
The City of New York.........
............. 492833
1886. An act authorizing the mayor, aldermen and common-
alty of The City of New York to widen Fifth avenue be-
tween One Hundred and Ninth and One Hundred and Tenth
streets, and one hundred feet north of One Hundred and
Tenth street, in The City of New York, for a public place.. 421 665
1887. An act to lay out and establish an exterior street along
a portion of the East river in The City of New York, and
ſto authorize the department of docks] to alter the map or
plan of The City of New York, to conform thereto....... 697 902
Amended, L. 1888.....
272 490
Amended, L. 1889...
257 305
........
xciv
TABLE OF ACTS NOT REPEALED.
Ch. Page.
1887. An act for the improvement of The City of New York
between the southerly line of Sixtieth street and the south-
erly line of Seventy-second street, lying west of the easterly
line of the lands now held by the New York Central and
Hudson River Railroad Company......
......... 714 927
1889. An act relative to the power of the board of street open-
ing and improvement in The City of New York [authoriz-
ing board to grant permits for construction of light bridges
across streets].......
............ 347 457
See Charter, $ 970.
1889. An act relative to [alteration, widening, extension of]
certain streets and avenues [bounded on the east by North
Third avenue, on the west by Cortland avenue, on the south
by One Hundred and Fifty-third street, and on the north
by One Hundred and Fifty-eighth street] lying in
the twenty-third ward of the city and county of New
York ........
.......... 446.612
1889. An act to lay out and improve One Hundred and Sixteenth
street, from Tenth avenue to the road and public drive
known as the Broadway boulevard, in The City of New
York ...
.......... 450 615
1891. An act to provide for the improvement of the boulevard
or road and public drive between One Hundred and Fifty-
sixth street and Inwood street in The City of New York... 219 412
1892. An act to authorize the board of estimate and apportion-
ment of The City of New York to audit claims for fees and
expenses growing out of. or connected with the opening,
widening and extension of College Place and Greenwich
street, from Chambers to Dey street, in The City of New
York, and to make an appropriation for such fees and
expenses as the said board shall deem to be just and
proper .....
................ 95 143
1892. An act to provide for settling and establishing perma-
nently the location and boundaries of the avenue known
as Fort Washington Ridge road, in The City of New York,
and in relation to the improvement thereof............... 114 173
Amended, L. 1897..........
.......... 780
1892. An act in relation to certain avenues and streets in The
City of New York (One Hundred and Twenty-first street,
from Amsterdam avenue to the Boulevard]................ 230 482
1892. An act to regulate, improve and enlarge Park avenue
above One Hundred and Sixth street, in The City of New
York, and providing for the passage of intersecting
streets, under the railroad structure of the New York and
Harlem Railroad Company, and for the elevation of said
railroad structure, and for changing the grade of said rail-
road, and for the construction of a new railroad bridge at
an increased elevation over the Harlem river, and providing
for all changes in avenues, streets or railroads that may
be necessary by reason of such change in structure and
......
TABLE OF ACTS NOT REPEALED.
XCV
.........
Ch. Page.
grade and increased elevation of bridge, and for other pur-
poses ..........
339694
Amended, L. 1894....
548 1149
Amended, L. 1896....
... 594 715
1892. An act to provide for the construction and maintenance
of public roadways on lands acquired by The City of New
York as parkways, under chapter five hundred and twenty-
two of the Laws of eighteen hundred and eighty-four...... 417 867
Amended, L. 1895......
............ 609 1304
1892. An act to provide for the widening of Riverside drive
between One Hundred and Twenty-seventh street and
Claremont place, in The City of New York............... 548 1082
1893. An act to lay out, establish and regulate a public drive-
way in The City of New York [from One Hundred and
Fifty-fifth street, along Harlem river, to Dyckman street].. 102 201
Amended, L. 1894.... ............................ 8 6
Amended, L. 1895........
......... 894 914
1893. An act to authorize the board of street opening and im-
provement of The City of New York to alter or change
the grades of Forty-eighth, Forty-ninth and Fiftieth streets,
from Eleventh avenue to the North river, and Twelfth ave-
nue, between Forty-seventh and Fifty-first streets, in said
city ...............
............ 223 393
1894. An act to authorize the board of street opening and im-
provement of The City of New York to extend Robbins
avenue through and along a portion of the southeasterly.
boundary of Saint Mary's Park in said city............... 245 443
1895. An act to lay out and establish a grand boulevard and
concourse, together with not more than fifteen roads run-
ning transversely underneath said boulevard, in The City
of New York...................
.. 130 115
Amended, L. 1896.................................... 89133
1895. An act empowering the comptroller of The City of New
York to refund the assessment laid upon property south
of One Hundred and Twenty-ninth street, for opening
Twelfth avenue, between Fifty-ninth and One Hundred
and Fifty-third streets; said Twelfth avenue, south of
said One Hundred and Twenty-ninth street, having been
closed. .......
............ 442 792
1895. An act to provide for discontinuing and closing streets,
avenues, roads, highways, alleys, lanes and thoroughfares
in cities of more than one million two hundred and fifty
thousand inhabitants......................................1006 2037
1896. An act to provide for the extension of Broadway or Kings-
bridge road, from its present terminus in the twelfth
ward of The City of New York, across the Harlem river
at its junction with Spuyten Duyvil, to the present ter-
minus of Broadway, in the twenty-fourth ward of The City
of New York.........
.......... 399 440
1896. An act in relation to the widening and improvement of
East One Hundred and Forty-ninth street from East river
.........................
.....
xcvi
TABLE OF ACTS NOT REPEALED.
Ch. Page.
to Harlem river, providing for the raising of part of the ex- :
pense by assessment and part out of the fund known as the
“fund for street and parks openings” in said city........ 613 735
Amended, L. 1897.................................... 659
1897. An act in relation to the widening and alteration of East
One Hundred and Sixty-first street in The City of New
York, from the westerly side of Elton avenue to the east-
erly side of Mott avenue, and providing for the raising of
part of the expense by assessment and part out of the fund
known as the “ fund for street and park openings” in
said city................................................... 627
1897. An act relating to Depot place in the Twenty-third ward
of The City of New York (providing for assessment upon
property benefited by the opening of Depot place]......... 639
1897. An act to provide for the establishment of Boscobel place
near the easterly end of the Washington bridge in the
twenty-fourth ward of The City of New York.............. 640
1897. An act to provide for the resting of title in the mayor,
aldermen and commonalty of The City of New York to
certain lands, tenements and hereditaments situate in said
city [required for opening, widening and extending Elm
street from City Hall place to Great Jones street].......... 641
1897. An act relative to the opening of a public place situated
between East One Hundred and Sixty-first street and East
One Hundred and Sixty-second street and between Cort-
landt avenue and the New York and Harlem Railroad, in
the twenty-third ward of The City of New York........... 644
1897. An act to provide for the construction of bridges over the
tracks of the New York Central and Hudson River Rail-
road, and over the tracks of the New York and Putnam
Railroad, in The City of New York [by the commissioner of
street improvements of the twenty-third and twenty-
fourth wards of The City of New York, at Gerard, Walton
and River avenues, and at Fort Independence street]....... 645
1897. An act in relation to opening streets and avenues in The
City of New York [relating to the opening of One Hundred
and Sixty-seventh street, between Amsterdam and Audubon
avenues, and Fifty-third street, between Eleventh avenue
and North river)......
............ 658
1897. An act in relation to acquiring title, widening, opening
and improvement of Washington avenue from Third avenue
and East One Hundred and Fifty-ninth street to Pelham
avenue, in the twenty-third and twenty-fourth wards of
The City of New York, and providing for the raising of
part of the expense by assessment and part out of the
fund known as the “fund for street and park openings”
in said city...
............................................
.... 1718
TACLE OF ACTS NOT REPEALED.
xcvii
CHAPTER XVIII.
DEPARTMENT OF EDUCATION.
.......
136
252
Title 1.- Department of Education.
Ch. Page.
1883. An act to authorize the board of estimate and apportion-
ment of The City of New York to transfer certain appro-
priations upon the application of the board of education.. 202 207
1884. An act in relation to public education in The City of New
York (providing that the existing colored schools shall be
continued as ward schools].
.......
......... 248 307
1884. An act to provide additional accommodations [new school
sites and buildings] for the common schools in The City of
New York..
458 532
Amended, L. 1885....
494 837
Amended, L. 1888..
192
Amended, L. 1889..
299
Amended, L. 1891.....
264 490
Amended, L. 1893..
282 563
Amended, L. 1894.
941
Amended, L. 1895....
88 74
Amended, L. 1896..
728 889
Amended, L. 1897....
740
1886. An act for the establishment of an additional evening
high school for males in The City of New York... .......... 309 492
Amended, L. 1887....
......... 240 298
1886. An act to extend the time for the issue of bonds (under
L. 1884, ch. 458, as amended L. 1885, ch. 494] to provide
additional accommodations for the common schools in The
City of New York..........
.......... 456 693
1887. An act to provide for the establishment of an additional
evening high school for males, in The City of New York.. 119 229
See Charter, § 1094.
1887. An act in relation to the powers of the board of education
of The City of New York [authorizing board to appoint
the principals, vice-principals, teachers and janitors of the
evening high schools in the city)....
341 422
Compare Charter, $$ 1075, 1103.
1888. An act to provide for lectures (under charge of board of
education] for workingmen and workingwomen.......... 545 900
Amended, L. 1889.....
.... 383 532
Amended, L. 1890...
592
Amended, L. 1891....
L. ................................... 71 86
1888. An act to provide for the acquisition of sites for school
buildings in The City of New York [by condemnation of
lands by commissioners of estimate, and payment of awards
from proceeds of sale of bonds issued under L. 1884, ch.
458, ante]. .......
...... 191 252
Amended, L. 1890......
..... 35 40
Amended, L. 1896....
........ 890 1167
383
..........
vii
xcviii
TABLE OF ACTS NOT REPEALED.
Ch. Page.
1889. An act to provide for the establishment and maintenance
of additional evening high schools for males, in The City
of New York....
.......... 34 38
Compare Charter, § 1094.
1891. An act to authorize the board of education of The City
of New York to remove and reinter the human remains
buried in the old burying ground, between First and Sec-
ond streets and First and Second avenues in said city,
acquired for school purposes under the act, chapter one
hundred and ninety-one of the Laws of eighteen hundred
and eighty-eight, entitled “ An act to provide for the acqui-
sition of sites for school buildings by the board of educa-
tion of The City of New York”............................ 137 303
1893. An act to provide for improving the sanitary condition
of the buildings of the common schools in The City of New
York, by alterations and additions in and to the heating
and ventilating apparatus thereof.
432 905
1895. An to act to provide for open-air playgrounds in con-
nection with school-houses in The City of New York...... 338 484
1896. An act in relation to the common schools and public edu-
cation in The City of New York.........
.......... 387 412
Superseded by Charter, ch. 18.
1897. An act to provide for the erection and equipment of four
high schools in The City of New York...........
1897. An act to provide for an appropriation for the school
board of the borough of Brooklyn of The City of New
York, and involving the issuing of bonds to the amount of
two million five hundred thousand dollars.....
.............
4112
... 532
180
Title 2.—The College of the City of New York.
1882. An act to open the College of the City of New York to all
male persons who shall pass the preliminary examinations
for admission therein.....
................. 143
1895. An act to authorize the procuring of new grounds and
the erection thereon of buildings for the use of the College
of the City of New York, and to provide the means to pay
for the same, and giving authority to its trustees......... 168
Amended, L. 1896.....
608
Amended, L. 1896...
Amended, L. 1897.
433
200
727
1736
614
Title 3. — The Normal College.
1888. An act relative to the “ Normal College of The City of New
York” [declaring same a body corporate and distinct organ-
ization, with board of trustees and power to confer
degrees] .....
........ 580
Superseded by Charter, § 1139 et seq.
944
TABLE OF ACTS NOT REPEALED.
xcix
CHAPTER XIX.
DEPARTMENT OF HEALTH.
Title 1.- Organization, Administration, Authority, Duties and Powers of.
Department.
Ch. Page.
1883. An act to amend an act, entitled “ An act with reference
to the powers of the Metropolitan Board of Health in the
regulation of cattle driving and other matters," passed
April 24th, 1867 [designating streets and hours for driving
cattle, sheep, etc., through New York city]................. 350 527
Compare Charter, § 1227.
1884. An act to provide for the proper removal of stable
manure from The City of New York [authorizing board
of health to designate one or more places of temporary
deposit on water front on east side north of Forty-second
street] ..............
........... 278 340
Compare Charter, § 1205.
1893. An act to provide for defraying the necessary expenses
of the board of health of The City of New York for pre-
serving the health of the city......
... 535 1151
Compare Charter, § 1180.
1896. An act to provide for the construction in The City of New
York of certain buildings for the promotion of public
health and comfort...........
........... 122 184
Compare Charter, § 1180.
1896. An act to promote the public health of The City of New
York, and to provide for the construction of a building for
an ambulance station and vaccine laboratory.............. 721 876
1896. An act in relation to plumbing in The City of New York.. 803 1052
.
.
.
.
.
. .
. . . . . . .
uu
II
I
Title 7.-Tenement and Lodging-Houses.
1883. An act to improve the public health in The City of New
York by prohibiting the manufacture of cigars and prep-
aration of tobacco in any form in the tenement-houses
of said city....
............ 93 79
Declared unconstitutional in Matter of Jacobs, 98 N. Y. 95.
1884. An act to provide for a commission to inquire into the
character and condition of tenement-houses in The City
of New York..
..............
..... 448 523
............
......................
Title 8.-The Health Department Pension Fund.
1894. An act to promote and encourage a faithful and efficient
service in the prevention of contagious and infectious dis-
eases, and to provide for a health department pension fund
in The City of New York.......
...... 555
Partly superseded by Charter, $$ 1331, 1337.
1178
TABLE OF ACTS NOT REPEALED.
CHAPTER XX.
INFERIOR LOCAL COURTS.
Title 1.—The City Court of New York.
Ch. Page.
1883. An act to change the name of the marine court of The
City of New York to the “ city court of New York”...... 26 20
Superseded by Charter, § 1345.
1884. An act in relation to the salaries of stenographers of the
city court of New York.................................... 266 331
1897. An act in relation to the city court of The City of New
York, and for the accommodation thereof, and authorizing
the fitting up and equipping of certain parts of the City
Hall in The City of New York...
........... 632
Reprinted in Appendix I.
474
Title 2.—The Municipal Court of the City of New York.
1883. An act to alter the boundaries of the first and second judi-
cial districts in The City of New York......... .......... 322
Superseded by Charter, § 1360.
1996. An act to establish an additional and civil judicial dis-
trict court in The City of New York [known as twelfth
judicial district]...........
........... 79
Superseded by Charter, § 1360.
98
Title 3.- Inferior Courts of Criminal Jurisdiction.
1885. An act to compel the board of police justices in The City
of New York to keep open the police courts on election
days in said city........
..................... 250 430
1895. An act in relation to the commitment and discharge of
persons convicted of public intoxication, disorderly conduct
or vagrancy in the city and county of New York........... 237 303
Amended, L. 1896....
............ 886 1158
1895. An act in relation to the inferior courts of criminal juris-
diction in the city and county of New York [abolishing
police justices and creating office of city, magistrate]....... 601 1283
Amended, L. 1895.........
.... 908 1924
Amended, L. 1896.
... 98 139
CHAPTER XXI.
THE ACQUISITION OF LANDS AND INTERESTS THEREIN FOR PUBLIC
PURPOSES.
1896. An act relating to proceedings for the acquisition of prop-
erty for public purposes in The City of New York......... 393 431
Superseded by Charter, § 1435.
1697. An act to provide for the acquisition of a site in The City
of New York for the erection of a building for court pur-
poses .......
... 209 298
1897. An act to provide for the acquisition of lands and inter-
ests therein for public purposes in The City of New York
..............
TABLE OF ACTS NOT REPEALED.
ci
.........
Ch. Page.
[a general act of procedure for condemnation of lands for
municipal purposes by the city]....
.... 630
1897. An act authorizing the commissioners of appraisal or of
estimate and assessment appointed by the supreme court
in proceedings to acquire title to lands and premises in .
The City of New York for public parks, to make and sub-
mit to the supreme court from time to time reports of
their proceedings and appraisals................. ......... 677
1897. An act to provide for the acquisition of a site in The City
of New York for the erection of a building for hospital
purposes (in the twelfth ward].
. 723
CHAPTER XXII.
765
Title 1. — The Streets.
1886. An act to authorize the Fifth Avenue Transportation
Company [Limited], or its assigns, to run stages on Fifth
avenue through Washington park, and through South
Fifth avenue to the Bleecker street elevated railway station,
in The City of New York, and return....................... 536
1889. An act to authorize the Fifth Avenue Transportation Com-
pany (Limited), or its assigns, to run stages from the
Bleecker Street Elevated railway station on South Fifth
avenue, in The City of New York, through South Fifth ave-
nue, Canal and West streets to the Desbrosses street ferry
and return, and, also, from Fifth avenue through Thir-
teenth street, University place and Ninth street to Broad-
way and return......
.............. 182
1897. An act in relation to the distribution of advertising mat-
ter in The City of New York.......
......... 298
212
Appendix XI. -- Public Administrator.
1887. An act to provide for the settlement of certain intestate
estates [less than $250] in the hands of the public adminis-
trator in The City of New York..
......... 573
York.........................
784
43
838
97
MISCELLANEOUS.
1883. An act for the preservation of public records, maps and
papers (in the register's office]........
..... 57
Amended, L. 1890........
....... 467
1883. An act re-appropriating money for the erection of an
armory [for Eighth Regiment] in The City of New York.. 110
1883. An act to amend chapter 65 of the Laws of 1880, entitled
“ An act further to amend chapter 147 of the Laws of 1876,
entitled 'An act granting to the United States the right to
acquire the right of way necessary for the improvement
of the Harlem river and the Spuyten Duyvil creek, from
the North river to the East river, through the Harlem
Kills, and ceding jurisdiction on the same,' as amended by
TABLE OF ACTS NOT REPEALED.
Ch. Page.
chapter 345 of the Laws of 1879, and chapter 61 of the Laws
of 1881, entitled 'An act to amend chapter 65 of the Laws of
1880, entitled “An act further to amend chapter 147 of
the Laws of 1876, entitled 'An act granting to the United
States the right to acquire the right of way necessary for
the improvement of the Harlem river and Spuyten Duyvil
creek, from the North river to the East river, through the
Harlem Kills, and ceding jurisdiction over the same, as
amended by chapter 345 of the Laws of 1879, and to author-
ize The City of New York to issue stock or bonds in aid of
said improvement,'" and to authorize The City of New
York to issue bonds in aid thereof ($$ 889 and 890, Con-
solidation Act]............................................. 214 220
1884. An act to provide for and regulate the expenses of con-
ducting the office of the clerk of the city and county of
New York [making salaries of subordinates a county
charge] .......
....... 295 362
1884. An act to regulate and provide for certain expenses of
conducting the office of sheriff of the city and county. of
New York [substituting board of estimate and apportion-
ment for board of aldermen, to fix compensation of sheriff
for services performed for city]...... ............. 297 364
1884. An act in relation to the office of the clerk of the city and
county of New York [making same a salaried office, and
requiring fees thereof to be paid into city treasury]...... 299 366
Amended, L. 1885....
................ 285 490
Amended, L. 1886...
235 408
1884. An act in relation to office of surrogate of the county of
New York [depriving board of aldermen of all power con-
cerning appointment and removal of clerks, etc., in surro-
gate's office, and lodging this power in the surrogate,
subject to revision by board of estimate and apportion-
ment] .....
......... 530 640
1884. An act in relation to the office of register of the city and
county of New York [making same a salaried office, and
requiring all fees thereof to be paid into city treasury].. 531 642
Amended, L 1887......
..... 376 464
1886. An act to regulate the hours of labor in the street surface
and elevated railroads chartered by the State in cities of
over fire hundred thousand inhabitants.....
..... 151 308
1886. An act in relation to the public offices in the city and
county of New York [authorizing register and other public
officials to close their offices at 1 P. M. Saturdays, from July
1 to October 1]........
.......... 232 486
Amended, L. 1887........
..... 185 205
1887. An act to provide for the erection of a building for crimi-
nal courts and other purposes in The City of New York.... 371 460
1889. An act to fix the compensation of the surrogate of the
city and county of New York [at same rate as paid to the
justices of the court of common pleas and superior court
of said city]........
... 290 358
........
TABLE OF ACTS NOT REPEALED.
ciii
........ 166
377
1892.................................
419hy
Ch. Page.
1889. An act to provide for recording and indexing instru-
ments affecting land in The City of New York, according to
city blocks or other limited areas......
.......... 349 458
Amended, L. 1890.....
1890. An act to amend chapter three hundred and twenty-
three of the Laws of eighteen hundred and eighty-eight,
entitled “ An act to provide for the erection of a building
for certain purposes relating to the public interests in The
City of New York,” [for the use of the register, county
clerk, surrogate and for court purposes]. [L. 1888, ch. 323,
was repealed by L. 1889, ch. 81].....
..... 299582
Amended, L. 1892...
........ 414 864
Amended, L. 1893...
514 1409
See L. 1897..
....... 59 77
1890. An act to fix the duration of the term of office of the sur-
rogate in the city and county of New York................ 329665
1890. An act in relation to the office of sheriff of the city and
county of New York [making office a salaried one, requir-
ing fees thereof to be paid into city treasury, and designat-
ing number and salaries of subordinates and fees for
services] ...
.......... 523 936
Amended, L. 1891....
• 315 645
Amended, L. 1892..
. 418 868
Amended, L. 1894..
959
1892. An act to create a board of commissioners of record in
The City of New York, and prescribing their powers and
duties ......
.......... 412 857
1892. An act to permit the consolidation of library companies .
in The City of New York...
....... 541 1075
Amended, L. 1895...
......... 209 272
1892. An act increasing the number of surrogates in the surro-
gates' court for the city and county of New York, and
prescribing their powers and duties...., ............ 642 1198
1893. An act giving the consent of the State of New York to
the purchase by the United States of land in The City of
New York for the purpose of a new custom house........ 22 39
1893. An act to provide for indexing and re-indexing convey-
ances, mortgages and other instruments relating to land
and liens thereon in the city and county of New York,
and indexing, re-indexing and compiling arrears of taxes,
assessments, water rents and unredeemed sales and unex-
pired leases thereof in said city...
.......... 536 1151
1894. An act to provide for the erection of a building for court
purposes in The City of New York..
.......... 748 1861
Amended, L. 1897.................. ............. 673
1895. An act to provide for the establishment and maintaining
of a law library for the court of general sessions of the
peace of the city and county of New York................ 865 1875
1896. An act in relation to the office of county clerk in the
county of New York [fixing term of office of same]. ....... 989 1409
.....
civ
TABLE OF ACTS NOT REPEALED.
Ch, Page.
1897. An act to amend chapter eight hundred and forty-two of
the Laws of eighteen hundred and sixty-eight, entitled " An
act to provide for the transmission of letters, packages and
merchandise in the cities of New York and Brooklyn, and
across the North and East rivers, by means of pneumatic
tubes, to be constructed beneath the surface of the streets
and public places in said cities, and under the waters of
said rivers,” and to authorize said tubes to be operated by
pneumatic or electrical power.....
.......... 60 86
1897. An act to authorize The City of New York to issue its
bonds or stock for the purpose of providing means to pay
for land heretofore acquired for public use for the erec-
tion of a court-house for the appellate division of the su-
preme court in and for the first department in The City of
New York, and to authorize the board of estimate and
apportionment of said city to revise and reduce the final
estimate of the sum to be collected by tax on the estates
real and personal, in said city, for the year eighteen hun-
dred and ninety-seven....................... ............ 61 88
1897. An act in relation to a court-house for the appellate
division of the supreme court in the first department, and
as a supplement to an act in relation to the supreme court
in the first judicial district, and the appellate division
thereof in the first department, passed May eighth, eigh-
teen hundred and ninety-five........
.......... 196 281
1897. An act to authorize the register of the city and county of
New York to destroy certain records of the register's office
[copies of chattel mortgages and bills of sale fiļed more
than ten years]..........
.................... 649
1897. An act to amend chapter five hundred and fifty-three of
the Laws of eighteen hundred and ninety-five, entitled
“An act in relation to the supreme court in the first judi-
cial district and the appellate division thereof in the first
department, as amended by chapter three hundred and
sixty-two of the Laws of eighteen hundred and ninety-six,
in relation to compensation of clerks....... ........ 656
1897. An act to authorize the board of estimate and apportion-
ment to audit and allow the present sheriff of the city and
county of New York such legal expenses as he may be put
to, not exceeding five thousand dollars per annum, for
three years after the expiration of his term of office....... 729
INTRODUCTORY.
The project of uniting the cities of New York, Brooklyn, and
the cities, towns and villages contiguous to the same, into one
great municipality, although long mooted before 1890, first took
definite form in that year, by the passage on May 8th, by the
Legislature, of Laws 1890, Chap. 11, entitled “An Act to create
a commission to inquire into the expediency of consolidating the
various municipalities in the State of New York, occupying the
several islands in the harbor of New York.”
The Act provided as follows:
“$1. The governor by and with the advice and consent of the
senate and not otherwise, shall appoint six persons who with the
state engineer and surveyor, and one person to be designated by
each of the following named authorities when so designated,
namely: The mayor of New York, the mayor of Brooklyn, the
boards of supervisors of Westchester, Queens, Kings and Rich-
mond counties, respectively, shall be commissioners to inquire
into the expediency of consolidating the various municipalities
in the state of New York, occupying the several islands in the
harbor of New York, and to report from time to time their con-
clusions thereon to the legislature, with such recommendations as
they may deem proper for adoption and their reasons therefor.
Any vacancies occurring in the number of the commissioners,
appointed by the governor whether by failure to accept such
appointment or otherwise, shall be filled by the governor, by and
with the advice and consent of the senate and not otherwise, and
vacancies occurring among those otherwise appointed, whether by
failure to accept or otherwise, shall be filled by the authority by
whom the original appointment was made.
§ 2. Said commissioners may appoint a president, vice-presi-
dent and secretary, and may employ such persons as they deem
necessary, and may gather such information and prepare such
maps as may be needed to present their views intelligently, and
may, with their report, present such bills for the action of the
cvi
INTRODUCTORY.
legislature as they may deem expedient. They shall receive no
compensation for their services, shall not be pecuniarily inter-
ested, directly or indirectly, in any work or contract concerning
their duty under this act, and shall incur no obligations beyond
the amount authorized in the next section of this act.
§ 3. The board of apportionment of the city of New York may
appropriate such sum of money, not exceeding five thousand dol-
lars, as it may deem necessary to carry out the objects of this
act, and the comptroller of said city shall pay so much thereof as
may be certified by said commissioners to be necessary on vouch-
ers in form satisfactory to said comptroller.
§ 4. In furtherance of the objects of this act, the state engi-
neer and surveyor shall, upon the request of said commissioners,
render aid and facilities from his office, and the local officials of
cities, counties and towns, any portion of the territory of which
it may be proposed by the said commissioners to comprehend
within one municipal combination, are authorized and directed
to furnish said commissioners, when requested by them, any
information or copies of records within their respective keeping,
whenever it can be done without imposing any additional cost
or expense to said cities, counties or towns.
§ 5. This act shall take effect immediately."
Pursuant to the provisions of this act, a commission consisting
of the following members was appointed, viz, : Andrew H. Green,
Frederick W. Devoe, John L. Hamilton, J. Seaver Page of New
York; J. S. T. Stranahan, Edward F. Linton, William D. Veeder
of Brooklyn; John H. Brinckerhoff of Queens county; George G.
Greenfield of Richmond county; Charles P. McClelland of West-
chester county; and Campbell W. Adams, State Engineer and
Surveyor, ex officio, and Albert E. Henschel acting as secretary.
In 1893, the commission presented to the legislature a bill pro-
viding for the submission of the question of consolidation to a
vote of the residents of the various municipalities proposed to be
united into one city. The following year the legislature provided
for the referendum suggested by the commission, by Laws 1894,
Chap. 64 (passed Feb. 28, 1894), entitled, “An Act providing for
the submission of the question of consolidation of the city of New
York with certain territory under a single municipal administra-
tion to a vote of the people,” which act reads as follows:
"S 1. The territory referred to in this act is as follows to wit:
The city of New York, Long Island City, the county of Kings.
INTRODUCTORY.
cvii
the county of Richmond, the towns of Westchester, Flushing,
Newtown and Jamaica, and that portion of the towns of East-
chester and Pelham which lies southerly of a straight line drawn
from the point where the northerly line of the city of New York
meets the centre line of the Bronx river to the middle of the
channel between Hunters and Glen islands in Long Island Sound,
and that part of the town of Hempstead which is westerly of a
straight line drawn from the southeasterly point of the town of
Flushing, through the middle of the channel between Rockaway
Beach and Shelter Island to the Atlantic ocean.
§ 2. At the next general election held in this state there shall
be submitted to a vote of the duly qualified electors of the said
territory the question of its consolidation under one municipal
government; and for this purpose there shall be provided by the
proper authorities, in each election district therein, separate bal.
lots, as hereinafter described, and separate ballot-boxes, in the
manner and by the persons, as required by the provisions of
chapter six hundred and eighty of the laws of eighteen hundred
and ninety-two, entitled “An Act in relation to the elections,
constituting chapter six of the general laws,” and any act or acts
amendatory thereof, or supplemental thereto, for the submission
of a constitutional amendment or other proposition or question
to a popular vote. One-half of the number of said ballots shall
read, “For consolidation,” and the other half of the number of
f
ment on said ballots shall read, “Consolidation." Each elector
shall be provided, in addition to the other ballots furnished at
said election, with two ballots, one of which shall be “for” and
the other “against” said consolidation. All the provisions of
said chapter six hundred and eighty of the laws of eighteen hun-
tional amendment or other proposition or question to a popular
vote shall in all respects be followed, complied with, applied to
and carried into effect, in the submission of said proposition or
question of consolidation to a popular vote as herein provided;
and no ballot on said proposition or question shall be deemed
invalid by reason of any error in dimensions, style of printing or
other formal defect, or by having been deposited in a wrong
ballot-box, but all such ballots shall be canvassed and returned as
if said error or formal defect had not existed, or as if they had
been deposited in the box required for that purpose. The bal-
lots cast in each of said election districts, except in the city of
cviii
INTRODUCTORY.
New York, shall be deemed and taken as an expression of the
voter, as the case may be, in favor of or against the consolidation
with the city of New York, of the city, county, village, town or
part of a town mentioned in the first section, in which the said
district is situated, and the ballot cast upon said proposition or
question in the city of New York shall be deemed and taken as
an expression of the voter, as the case may be, in favor of or against
the consolidation of the territory mentioned in section one of this
act under one municipal government. Within ten days after the
votes upon said question of consolidation shall have been can-
vassed and returned, the secretary of state shall make and file a
certificate in his office of the result of said vote of each city,
county, village, town or part of a town included within the terri-
tory mentioned in the first section of this act.
§ 3. This act shall take effect immediately.'
The following vote was cast upon the question of consolidation
in the ensuing election on November 6, 1894:
New York, for consolidation, 96,938; against, 59,959; Kings,
for, 64, 744; against, 64,467; Queens, for 7,712; against, 4, 741 ;
Richmond, for, 5,531; against, 1,505; Mount Vernon, for, 873 ;
against, 1,603 ; Eastchester, for, 374; against, 260; Westchester
for, 620; against, 621; Pelham, for, 261 ; against, 153.
At the opening of the legislature in 1895, the Commission of
Municipal Consolidation Inquiry presented a report with a pro-
posed bill declaring the entire district before mentioned (with the
exception of the city of Mount Vernon) consolidated with the
city of New York. The bill, however, failed of passage because
of the addition of an amendment of referendum in the last hours
of the session of 1895, too late for further action. The legisla-
ture, as a result no doubt of this vote on consolidation, did annex
to New York city the towns of Westchester, Eastchester, Pelham
and other parts of Westchester county. (See Appendix IV, post.)
Early in January, 1896, the legislature appointed a joint sub-
committee of the Cities Committees of both houses to inquire into
the subject of the proposed consolidation and report March 1,
1896. The committee made a report and submitted a bill favor-
ing consolidation. The bill as reported was passed by the legis-
lature and was submitted to the Mayors of the cities of New
York and Brooklyn, and to the Mayor and Common Council of
Long Island City pursuant to the provisions of the Constitution.
The bill was returned to the legislature without the acceptance
of the cities of New York and Brooklyn. The legislature
INTRODUCTORY.
cix
repassed the bill over the vetoes of the Mayors of New York and
Brooklyn, and it became a law May 11, 1896, with the approval
of the governor. This act (L. 1896, ch. 488) is entitled, “An Act
consolidating the local governments of the territory within the
city and county of New York, the counties of Kings and Rich-
mond and Long Island City and the towns of Newtown, Flush-
ing and Jamaica and part of the town of Hempstead, in the
county of Queens, and providing for the preparation of bills for
enactment into laws for the government thereof,” and provides
as follows:
"S 1. All the municipal corporations and parts of municipal cor-
porations, other than counties, within the following territory, to
wit: The county of Kings, the county of Richmond, the city of
Long Island City, the towns of Newtown, Flushing and Jamaica,
and that part of the town of Hempstead, in the county of Queens,
which is westerly of a straight line drawn from the southeasterly
point of the town of Flushing through the middle of the channel
between Rockaway Beach and Shelter Island, in the county of
Queens, to the Atlantic ocean, are hereby consolidated with the
municipal corporation known as the mayor, aldermen, and com-
monalty of the city of New York.
§ 2. For all purposes the local administration and government
of the territories in section one of this act enumerated shall
remain in and be performed and exercised by the respective
bodies, politic and corporate, to which they are now intrusted,
until and except so far as hereafter changed by authority of law;
and for such purposes, and until such time, and except to such
extent, the said bodies politic and corporate shall continue to
exist, and to possess the same rights, properties, privileges and
franchises, and to exercise the same powers, and discharge the
same duties, and be subject to the same liabilities, and the vari-
ous officers thereof shall be elected or appointed in the same
manner, as heretofore.
$ 3. The president of the commission appointed under chapter
three hundred and eleven of the laws of eighteen hundred and
ninety, the mayors respectively of the city of New York, Brook-
lyn and Long Island City, the state engineer and surveyor, the
attorney-general, and nine other persons, residents of the territory
of said municipal corporation as so enlarged, who shall be
appointed by the governor, by and with the advice and consent
of the senate, shall be commissioners, and are hereby authorized
and directed, on or before the first day of February, eighteen
YT
cx
INTRODUCTORY.
hundred and ninety-seven, to make a final report to the legisla-
ture, and submit therewith, such bills as will, upon their enact-
ment into laws, provide a government for the municipal
corporation, the mayor, aldermen and commonalty of the city of
New York as by this act enlarged, and, among other things for
attaining an equal and uniform rate of taxation, and of valuation
for the purpose of taxation, throughout the whole of the terri-
tory of the said municipal corporation as so enlarged, and that
said commission shall cease to exist on the first day of March,
eighteen hundred and ninety-seven. Said commission may, in
and for the performance of said work, employ counsel and such
other persons as it may deem necessary, and fix their compensa-
tion; subpoena witnesses, compel the production before it of any
public record or document of any of the bodies politic or corpo-
rate aforesaid, administer oaths, and examine thereunder any
person touching the subject-matter hereby committed to its
charge; and each of the said bodies politic and corporate its
agents and servants, is hereby directed, for the purpose of carry-
ing out the provisions of this act, to furnish to the said commis-
sion, or its representative, free access at all reasonable hours, to
all such records and documents, and all information, within its
possession or under its control. The said commission shall pro-
ceed as continuously as may be with the work aforesaid, and
shall from time to time, report to the legislature its progress
therein, and its recommendations, and shall prepare and submit
to the legislature, bills in proper form for enactment, embodying
such recommendations with a proposed charter, or bills for the
government of such consolidated municipality, and providing
further for the election of a mayor and the other municipal
officers therein provided for, at the general election to be held in
the year A. D. eighteen hundred and ninety-seven.
$ 4. For the purpose of carrying out the provisions of this act,
each of the cities of New York and Brooklyn shall raise such pro-
portion of the sum of twenty-five thousand dollars as the value
of all its real property, as fixed by the board of state assessors for
the purpose of state taxation, bears to the aggregate value, as so
fixed, of all the real property in both cities. Upon the requisi-
tion of said commission upon the board of estimate and appor-
tionment of either of said cities, such board shall raise the whole
or any part of the proportion of said sum to be raised by such
city, from any unexpended balance or appropriation in such city,
for any year prior to the year eighteen hundred and ninety-seven,
INTRODUCTORY.
cxi
or by the issue of revenue bonds of such city in the manner pro-
vided by law, or by the inclusion thereof in the annual tax levy
upon real and personal property liable to taxation in such city.
Payments shall be made by the comptroller of each of said cities,
from the respective proportions of said sum so to be raised by
each of said cities, for the expenses incurred by the said commis-
sion in carrying out the provisions of this act, upon vouchers cer-
tified by the said commission, or by such officer or officers
thereof as it may designate for that purpose, in form to be
approved by the comptroller making such payment.
§ 5. Nothing in this act contained shall be construed as
attempting or intending to affect, in any way, the boundaries,
governments, rights, powers, duties, obligations, limitations or
disabilities of any county, or officer thereof, as fixed by the con-
stitution or otherwise.
$ 6. Section one of this act shall take effect on the first day of
January, in the year eighteen hundred and ninety-eight; sections
two, three, four and five of this act shall take effect immediately."
Pursuant to the act of consolidation, the Governor (Levi P.
Morton) appointed on June 9, 1896, the following members of
the commission to draft the proposed charter, viz. : Seth Low,
Benjamin F. Tracy, John F. Dillon, Ashbel P. Fitch, Stewart L.
Woodford, Silas B. Dutcher, Wm. C. De Witt, George M. Pin-
ney, Jr., Harrison S. Moore.
Mr. Fitch having resigned from the commission, the Governor
appointed Thomas F. Gilroy in his place.
By virtue of the act, the following gentlemen were members of
the commission: Andrew H. Green, president of the commission,
appointed by L. 1890, ch. 311; Campbell W. Adams, State Engi-
neer; Theodore E. Hancock, Attorney-General; William L.
Strong, Mayor of New York; Frederick W. Wurster, Mayor of
Brooklyn; and Patrick Jerome Gleason, Mayor of Long Island
City:
The commission organized on June 25, 1896, appointed Benj.
F. Tracy as president and George M. Pinney, Jr., as secretary,
and named William C. De Witt, John F. Dillon, Thomas F. Gil-
roy, Seth Low, Andrew H. Green, Benjamin F. Tracy, and
George M. Pinney, Jr., as a committee on draft of proposed
charter. This committee presented a draft charter to the com-
mission with the following report:
2
A
cxii
INTRODUCTORY.
“ TO THE GREATER NEW YORK COMMISSION:
Gentlemen :
The established rule of law which prescribes that a charter
granted to a municipal corporation must be construed so strictly
that nothing may pass by hare inference, but every substantial
power must be found in the express terms of the grant, has added
greatly to the labors of your Committee. It would have been com-
paratively easy to have drawn a charter in general terms, with con-
cise sections, comprehensive in character. This, however, would
have left to the varying and uncertain rulings of the courts the
extent and sufficiency of the powers conferred, and would have led
to special legislation, when anything new or doubtful pertaining to
the general grants arose for municipal action. To confer upon
The Greater New York a charter which should render the city self-
governing, it became, therefore, prudent and necessary to endow it,
in general and in detail, with every right, power and privilege essen-
tial to municipal independence, subject to the sovereignty of the
State. This method was further enjoined by the chief duty devolved
upon the Commission, which is to effect a consolidation of the vari-
ous municipalities so that there may be no break or jar in the unity
and integrity of the single corporation, and no lack of power and
supremacy in its central government.
1
THE LEGISLATIVE DEPARTMENT.
We have constructed, as the Lgislative Department of the new
city, a Municipal Assembly, to consist of two houses - a Lower
House of 104 members, elected from senatorial districts, and an
Upper House of 37 members elected from council districts designated
in the Charter. The Upper House is to be presided over by a Presi-
dent elected by the people at large. All of the members of both
Houses are elected for the term of two years, and all retire at once.
In view of the extent and multiplicity of powers proposed for the
legislative branch of the city government, we deemed it inadvisable
to adhere to a single body, or Board of Aldermen alone. The plan
of two houses has been adopted in the hope that it will act as a
check upon hasty legislation, will attract to every ordinance the
most extensive scrutiny and discussion, both from the membership
and the public press; and that it will therefore render every piece of
legislation a subject of interest and of consideration to a people
adequately enlightened upon their municipal affairs.
· The Committee have decided that the entire membership of both
houses of the Municipal Assembly shall be changed at the same
time, not because they look upon this as an ideal system, but
because it seems to be the best that is possible under the conditions
prevailing in The Greater New York. The political majority
throughout this territory, whether it is considered as a whole or in
detail, has been in the past so one-sided that only in occasional
years the political minority have been able to gain control. The
sentiment is indeed growing which tends to persuade the population
of our American cities to vote at municipal elections on city issues,
rather than on State or National issues. Nevertheless, the great
INTRODUCTORY.
cxiii
body of the American people still go to the polls in cities on elec-
tion day animated by partisan sentiments. Habits are slowly
changed, whether by individuals or by communities, and it must be
inferred that the political habits of the American elector in this par-
ticular will yield only slowly to the discipline and instruction of
events. Under these circumstances, it is clear that elections at
large and terms of office that make it impossible to change the
political complexion of the Municipal Assembly at a stroke, would
tend to place the city under the dominion of one political party
quite uninterruptedly. For this reason, rather than because we
deem the system itself inherently better than a more gradual change
in the composition of the two Houses, the Committee have adopted
the plan submitted in the draft.
It would have been a satisfaction to a majority of the Committee
if, in connection with the election of members of the Municipal
Assembly, it had seemed to them possible to provide in some way for
proportionate or minority representation. A very careful study of
the question, however, has convinced the Committee that under the
present Constitution of the State of New York all desirable plans for
securing proportionate or minority representation are of such doubt-
ful validity that the Commission would not be justified in framing a
charter that might prove to be defective on so vital a point. It is,
however, respectfully proposed for the consideration of the Commis-
sion that a constitutional amendment, dealing with this question,
may be transmitted to the Legislature in connection with the Char-
ter, if the Commission so determine.
As already suggested, the Committee have assumed that The
Greater New York must have a charter which will give the city all
the powers that are necessary to conduct its own affairs. The
natural and ultimate repository of the most of these powers is the
Municipal Assembly. And we do not think we can have failed in
alloting to this body every right, power and privilege which the his-
tory of cities and the conditions of The Greater New York suggest
as needful to the enjoyment of self government within appropriate
limits. We have considered in this respect the charters of Euro-
pean and American cities, especially those of Paris, Berlin and Buda-
pest upon the continent; of Glasgow, Manchester, Birmingham and
London in Great Britain, and those of St. Louis, Brooklyn and New
York in this country. We have conferred upon the Municipal
Assembly legislative authority over the usual subjects of municipal
jurisdiction. We have gathered and preserved all the legislative
powers heretofore vested in New York and Brooklyn, and, in addi-
tion, have entrusted the new city with the original power to build
bridges or tunnels over or under the rivers within its domain; con-
struct parks, school-houses and public buildings; and generally to
exercise those higher and more expensive functions needful to meet
the wants arising from the rapid growth of population and the
advancing greatness of the metropolis; with the proviso, however,
that when any new enterprise shall exceed in cost the sum of a mil-
lion dollars it shall in the first instance have the approval of the
people at an election after the project shall have undergone the
scrutiny and discussion of the people and of the press.
The Municipal Assembly is a conspicuous feature in the plan of
the draft charter. The extent and variety of its powers, as well as
viii
cxiv
INTRODUCTORY.
its size, mark our sense of its dignity and importance. Its rule will
embrace from the start a population of over 3,000,000 of people and.
a yearly budget of nearly $60,000,000. It ought to attract men of
the highest character and intelligence. If it shall do so, the prob-
lem of successful municipal administration for Greater New York
will have been solved. While we have conferred power upon the
Municipal Assembly with a free hand, we have also interposed a
variety of strict checks and safeguards against hasty and ill-advised
action on its part as respects powers which involve the raising and
expenditure of money and the creation of debt..
We have, however, respecting the mode of exercise of the powers
of the Municipal Assembly effected a radical and far-reaching dis-
tinction between those powers which, in a judicial sense, are politi-
cal, and those powers which, in the same sense, are proprietary in
character.
As to everything concerning the rights, privileges and liberties of
the citizen respecting municipal rule, the Legislative Department is
subject to no restraint. But in respect to the large and costly range
of works and properties comprised in the general term “ Public
Improvements,” we have determined that the initiative, in general,
shall be with the Board of Public Improvements, and that the
action of the Municipal Assembly shall be further subjected to the
concurrence of the Board of Estimate and Apportionment. When
the multitude and magnitude of the public works and properties of
The Greater New York, at present and in the future, are duly con-
sidered - the bridges over the East River and the Harlem River,
the Croton and the Ridgewood Water Works, Central Park and
Prospect Park and the other parks, boulevards and driveways, the
number of streets and avenues paved or to be paved, or to be
repaired and repaved; the vast extent of the sewer system, etc.- it
is quite obvious that these works should be primarily controlled by
expert and administrative authority, so that they may be developed
and distributed upon a fixed plan yielding the greatest service to the
city as a whole; producing co-operative uniformity; and should be
designed and constructed obediently to the highest attainable scien-
tific agencies. For this reason, we think that in the institution of
new works or properties of the character described, or in the devel-
opment of such as may be old, the action of the Municipal Corpora-
tion, on its proprietary side, should in general originate with the
Board on Public Improvements. From a like consideration of the
enormous outlay of money to be constantly required by the Munici-
pal Corporation in its capacity as proprietor, we think the action of
the Municipal Assembly should, in the main, be dependent upon the
concurrence of the Board of Estimate and Apportionment, who
should always be familiar with the volume of taxation and the
extent of the city debt, and whose highest function will be to guard
the solvency of the corporation and to lighten the burdens of taxa-
tion. These checks and safeguards against extravagance and cor-
ruption, we trust, will meet with general approval.
Nor are they in any sense an abridgement of the sovereignty of
the people. The officers of the executive and administrative
branches of government spring no less from the people than the
members of the Legislature, and it is therefore, in principle, merely
a question as to which method will be most conducive to economical
INTRODUCTORY.
CXV
and honest government. These are the only restraints, apart from
the veto power, placed on the Municipal Assembly.
THE MAYOR.
i The experience of American cities attests, with one accord, the
wisdom of so vesting the executive and administrative powers in the
Mayor, that the people may hold him individually responsible at
the polls, every two years, for all abuses occurring in his own or in any
of the administrative departments during his term of office. Among
vast masses of people, it is indispensable that the voter should be
able to individualize the evils of bad government or the blessings of
honest rule. As we have already suggested, there is ever present
in American politics a devotion of the people to parties divided
upon National or State issues, so intense, that unless the voter can
see clearly that the candidate for Mayor is responsible for a malad-
ministration of municipal affairs he will accord his suffrage to the
nominee of his party. On the other hand, it would be an insult to
the people to assume, that if corruption or incompetency were
fastened upon an individual, they would still, out of party considera-
tions, support him or any of his associates, for election to the first
office of their city. Moreover no Mayor could live in the esteem of
his fellow-citizens who should fail to arrest corruption or abuse in
the public service when it was plainly within his power to do so.
The Mayor is given the power to appoint all the administrative
and executive officers of the city except the comptroller, who is
rendered elective by the people every four years, so that the treasury
and finances will constantly be in the hands of an independent
department. The Mayor will have supervisory control over the
various departments, and an enlarged veto power upon the acts of
the Municipal Assembly. His patronage and his power are so great
that it is perhaps no exaggeration to say that he will in these par-
ticulars be a dignitary second only in importance to the Governor
of the State or the President of the United States.
The Mayor is given absolute power to remove, at will, every
administrative officer, irrespective of the prescribed term of office,
during the first six months of his administration. After that he can
remove only on charges with the approval of the Governor. Some
of the Committee believe the better theory to be that a man who is
given such great power of appointment should also be given an
equal power of removal, so that at every moment he may be respon-
sible for the entire administrative conduct of the city. To this it
has been objected that a continuous power of removal makes the
Commissioner so entirely the creature of the Mayor that the city is
in danger of suffering from this point of view. Without attempting
to decide the matter in the abstract, agreement has been reached in
the Committee on the basis stated, although each member of the
Committee is at liberty on this point, as upon every other, to take
the judgment of the Commission on the point at issue.
ADMINISTRATIVE DEPARTMENTS.
In regard to the composition of the administrative departments,
the Committee has been guided by these rules: Wherever the work
of a department is principally discretionary, a board, rather than
cxvi
INTRODUCTORY.
one commissioner, has been provided. Wherever the work or a
department is principally executive, a single commissioner has been
provided. As to the Police Department, there is a difference of
opinion, the majority preferring the system, now existing in New
York, of a Board of Police Commissioners controlling both the
police and elections, to the system prevailing in Brooklyn of a
single Police Commissioner and a separate, independent Board of
Elections. The majority of the Committee believe that the various
duties to be performed in connection with the Bureau of Elections
can best be discharged through and by the aid of the Police Depart-
ment, whose officers in any event would be called upon to preserve
order at the polls, deliver election notices, distribute official ballots
to the polling places throughout the city, and receive and transmit
election returns. A board charged with all of these duties is
required by the State Constitution to be composed of equal repre-
sentation of the two dominant political parties. The only other
seeming departures from the foregoing rules are to be found in the
composition of the Department of Public Charities, the Department
of Buildings and the Department of Parks. Owing to the great
extent of territory to be included in The Greater New York, and its
natural subdivisions, it has been thought best, in these depart-
ments, to have three commissioners, each one to be responsible for
the administrative control of specified districts, while sitting together
as a board for the decision of such questions as involve the exercise
of discretion and as affect all parts of the territory in common.
BOROUGHS AND LOCAL BOARDS.
Having thus effected the consolidation of the severai municipali-
ties into one city with a central government, supreme upon all sub-
jects, it remained to provide for that measure of home rule essential
to the convenience and development of the various sections of the
city, and to the care and attention due to each neighborhood and
community.
It is clear that the work of administering all of the Departments
over so large a space of territory, situated on three islands and
partly on the main land, must be subdivided in order to be success-
fully done. The draft, therefore, proposes to divide the city into
the five Boroughs which nature and history have already formed;
that is to say:
(1.) Manhattan, which consists of the island of Manhattan
and the outlying islands naturally related to it.
(2.) The Bronx; that is to say, all that part of the present
City of New York lying north of the Harlem, a territory which
comprises two-thirds of the area of the present City of New
York.
(3.) Brooklyn.
(4.) Queens, consisting of that portion of Queens County to
be incorporated into The Greater New York.
(5.) Richmond; that is, Staten Island.
Power is given to the Municipal Assembly to subdivide these
Boroughs still further, in case of need. The Greater New York will:
start with these five Boroughs for administrative purposes.
Your Committee have reconstructed the Borough system, as sub-
INTRODUCTORY.
cxvii
mitted in the tentative draft, upon lines which we are of one accord
in believing to be a better and more appropriate development of the
plan for The Greater New York. These lines give to each Borough
various boards through which the prosecution of local improvements
may be facilitated within the limits of small districts, but reserve to
the Municipal Assembly the right to incur indebtedness and to
authorize the making of contracts.
The proposition contained in the original draft submitted to the
Commissioners in September, that every Borough in the city, as
there divided, should elect a Borough Board to be charged with
certain duties relating to local improvements, and the like, did not
commend itself to the Committee on Draft in the form in which it
was submitted. In the judgment of the Committee, it is essential
that there should be in The Greater New York only one source of
legislative authority. At the same time, the Committee was pro-
foundly sensible of the force of the argument in favor of a certain
local control, especially in the matter of local improvements. So
numerous are these primary improvements, and so rapidly do they
accumulate in a vast and growing city, that they could not all be
attended to in The Greater New York from one central body " with
the individual attention and constant assiduity that have contributed
so much to the usefulness and popularity of corporation work.". It
is clear that if every inhabitant of the outlying parts of the city
must come to the Municipal Assembly in the first instance for
authority to open, grade and pave a street, one of two results will
follow. Either the Municipal Assembly will pass everything in a
spirit of recklessness, or it will utterly neglect the needs of the out-
lying sections of the city. Either result would be most unfortunate,
and would probably be fatal to many advantages reasonably expected
from the consolidation of the various communities concerned into
The Greater New York. After much discussion the Committee
have reached a solution of the problem that they hope will commend
itself to all.
They have taken counsel, in the first instance, of the experience
of New York when the 23d and 24th Wards were annexed to the city
some years ago. At the outset, this territory was placed under the
control of the Department of Parks, which proved unable to deal
with the situation to the satisfaction of the neighborhood. In the
meanwhile some fifty villages which had no common drainage system,
no common street system, and none of the attributes of a city,
remained to a considerable extent unimproved and impossible of
improvement, because the territory containing them was not even
mapped as a part of the city. Under these circumstances, after
seventeen years, the residents of the annexed district secured from
the Legislature the authority to elect a Commissioner of Street
Improvements for the 23d and 24th Wards, who has, in effect, three
duties: First, he is charged with the duty of mapping any territory
for which no commissioner's map has been adopted. His action in
this respect naturally is not final. His profiles and maps must first
be approved by the Board of Street Openings, and, when approved
by them, must be adopted by the Board of Aldermen before they
have the authority of commissioner's maps. · Second, he has a cer-
tain initiative, if he wishes to use it, in the matter of local improve-
ments. Third, he performs some of the functions of the Department
cxviii
INTRODUCTORY.
of Public Works in the 23d and 24th Wards. This last duty the
Committee believe should be imposed upon the proper administra-
tive department of The Greater New York, so that all public work
of whatever character may be done by the proper departments in all
parts of the greater city. The first two duties, on the other hand,
have seemed to the Committee reasonable duties to be carried out
under the initiative of the locality and by an officer responsible to
the locality. In the spring of 1896, still other territory formerly in
the County of Westchester was annexed to the City of New York.
Here, therefore, and in Queens County, outside of Long Island
City, and in Richmond County, the duty of preparing a commis-
sioner's map remains to be discharged. The draft herewith sub-
mitted proposes the election in each Borough of an officer to be
known as the President of the Borough, who, in all the Boroughs
where that work remains to be done, shall be charged with the duty
of preparing, in the first instance, the commissioner's map, which
shall be submitted for approval to the Board of Public Iinprove-
ments, and, if approved by them, be transmitted for final action to
the Municipal Assembly. All applications for local improvements
to be paid for by abutting districts are to be made, in the first
instance, to the President of the Borough, who is to call together
for the purpose of considering each application, the proper Board of
Local Improvements. This Board is to consist, in every case, of the
President of the Borough and of all the members of the Municipal
Assembly residing in the senatorial district in which the local
improvement lies. If the local improvement runs through more
than one district, the President of the Borough is to summon the
members of the Municipal - Assembly residing in all the districts
affected.
There are nineteen whole senatorial districts in the territory of
The Greater New York, and three parts of senatorial districts. The
Charter, therefore, provides twenty-two Local Boards to take the
initiative in the matter of local improvements, with five executives.
It is believed that the system will work efficiently and smoothly.
Local improvements demand the consideration of the authorities
under three different aspects. By a local improvement is meant,
technically, an improvement which is paid for by assessment upon
property benefited. If assessments were always paid without default,
it might be possible to leave the entire control of such questions to
the locality, but experience has shown that when assessment bonds
of the city have been issued in order to pay contractors who have
done such work for localities, the city at large is sometimes compelled
to pay the bonds without having collected the assessment wherewith
to meet them. Under these circumstances it is clear that the city
at large is interested in the question of local improvements, on the
financial side, only less than the locality. According to the draft,
if a local improvement is desired, a petition is presented to the
President of the Borough in which the improvement lies, who there-
upon calls together the proper Local Improvement Board to take
the initiative in the matter. If the Local Improvement Board finds
that a majority of the owners affected are in favor of the improve-
ment, it transmits the record to the Municipal Assembly, which
thereupon is given the power to levy the assessment and to order a
contract to be made for the work whenever one-third of the assess-
INTRODUCTORY.
cxix
ment is paid in. If a majority of the property owners do not favor
the improvement, or if the owners of a majority of the property do
not favor it, or if one-third of the assessment cannot be collected in
advance, the Board of Local Improvements, if it still believes that
the work should go forward, transmits its finding, in the first
instance, to the Board of Public Improvements instead of to the
Municipal Assembly. The Board of Public Improvements must find
in either of two ways. It must either find that there is no reason
why the improvement should be made until the majority of the
property owners affected desire it; or, it must find that notwithstand-
ing the objection of those who must pay for it, the improvement still
ought to go forward in the public interest. In the latter case, it
transmits its recommendation to the Municipal Assembly, which
then has the power to order the work to be done, even though the
property owners affected do not petition for it, and though one-
third of the assessment cannot be collected in advance. Again,
assessments for benefit must sometimes be laid in connection with
works that are, in their nature, public works rather than works of
local improvement, though they partake, in part, of the latter char-
acter. A good illustration of this is the widening of Elm street.
A work of this sort, under the proposed charter,'must in general
originate with the Board of Public Improvements, who must prepare
the plans, estimate the cost, suggest the proportion to be paid for
at public expense and to be borne by property benefited, and trans-
mit the matter as a thoroughly developed plan to the Municipal
Assembly. If the Municipal Assembly approve, the matter then
goes to the Board of Estimate and Apportionment for their concur-
rence in the plan on the financial side. There is, therefore, in the
charter a way provided for dealing with improvements of every
character. The Committee think that the plan suggested will com-
mend itself as both practicable and reasonable.
It will thus be seen that The Greater New York, while unified
under a central government, supreme over all subjects, will have
five Boroughs — Manhattan, The Bronx, Brooklyn, Richmond and
Queens, in each of which will be seated the Administrative Depart-
ments in form and number adapted to the public convenience.
Each of these Boroughs will have a President to care for its local
concerns of the limited character described, the existence of whose
office may aid in perpetuating as much of local pride and affection
for the old municipalities as shall be compatible with consolidation,
and will be promotive of healthful rivalry in various parts of the
great city.
The Greater New York will likewise contain twenty-two Local
Boards – one for each senatorial district — composed of the local
members of the Municipal Assembly, so that local improvements
may be attended to by a home body, which in turn will be a part of
the whole body, or Municipal Assembly.
We have concluded besides to charge the members of the Local
Boards with the duty of furthering good order, peace, good morals
and good government in the neighborhoods of their districts, not by
vesting them with any separate or controlling power over these sub-
jects, but to such an extent that they may aid the police, the judi-
ciary, the officers of charity or of the Street Department by calling
their attention to whatever requires their action. This moral or
CXX
INTRODUCTORY.
supervisory duty, in aid and in reminder of public officers, has
proven of great benefit in foreign cities, where the system is carried
to a much farther extreme than we have adopted in the draft. It is
not difficult for the influential to make their grievances heard and
appreciated, but in a city of many millions, the obscure citizen who
might never be heard either in the Municipal Assembly or by the
Administrative Department can at least make known his wants or
his wrongs to the neighborhood members of his Local Board, and
the duty and ambition of that member will be pledged to help the
lowly and to advance the good government of his constituents.
Should the members of any Local Board prove derelict in these
agencies, the duty and the dominion of the general government will
remain, all the same, and hence the general system cannot in any
event be impaired; but the action and the dominion of the general
government will be greatly aided and enlarged where the members
of the Local Boards are alert in the interests of the people.
BOARD OF PUBLIC IMPROVEMENTS.
One important and radical departure is made in the organization
of the city for the conduct of public work. It has seemed to the
Committee clear that no one man was competent to have the decid-
ing voice on every question relating to the water works, the sewer
system, the highways, and the like, through such a vast territory as
The Greater New York. The Committee have therefore decided to
recommend the adoption of what is, in effect, the St. Louis system.
The draft provides for a Board of Public Improvements to consist
of the following departments:
I. The Department of Water Supply..
2. The Department of Highways.
3. The Department of Street Cleaning.
4. The Department of Sewers.
5. The Department of Public Buildings, Lighting and Supplies.
6. The Department of Bridges.
Each department is presided over by a single Commissioner, who
is made responsible for his department precisely as the Commis-
sioner of Public Works. is now responsible for his department; and
in order that it may be clear that these are separate and independent
departments, and not simply bureaus of a single department, the
draft provides that the Mayor shall be, ex officio, the President of
the Board of Public Improvements. On the other hand, the draft
permits the Mayor to designate any one of the Commissioners to
serve as vice-president of the Board; or, with the consent of the
Municipal Assembly, to appoint a president of the Board of Public
Improvements who shall devote his whole time to the duties of the
office. This provision is made, in one aspect of it, to relieve the
Mayor from the burden of constant attendance upon the meetings of
the Board of Public Improvements; and, in the other aspect, to pro-
vide for the situation that may easily arise if the work of the presi-
dent proves to be so great as to demand a special officer to attend
to it. While each of the Commissioners in these departments is
responsible for the administration of his department, the Board of
Public Improvements, as a body, are charged with important func-
tions in helping to determine what work should be done, and when,
cxxi
and how. These various departments are intended to take the place
of various agencies that have grown up under the existing charters,
such as the Department of Public Works and the corresponding
department in the other cities, the Board of Croton Aqueduct Com-
missioners, the Board of Electrical Control, the Gas Commission,
and the Trustees of the New York and Brooklyn Bridge. The Com-
missioner of Bridges is to have control of this structure and of all
other bridges outside of parks in the territory of The Greater New
York. Ordinances regulating the use of the bridges and of the rail-
road on the Brooklyn Bridge are to originate in the Board of Public
Improvements and are to be adopted by the Municipal Assembly.
It is believed that the Board of Public Improvements, on the side of
all public work, will prove to be as important an agency in securing
careful consideration and systematic and safe action as the Board
of Estimate and Apportionment has proved itself to be on the side
of the city's finances.
LAW DEPARTMENT.
In the construction of the Law Department, all special attorneys
have been abolished, and the entire law business of the city will be
cared for by the Corporation Counsel, who is given power to appoint,
subject to the limitations arising from the amount appropriated
annually for the purpose, as many Assistant Corporation Counsel or
Attorneys as may be necessary to attend to all the legal business of
the city.
EDUCATION.
In the matter of education, the Committee have adopted a plan
which centralizes in a Board of Education, representing the whole
city, the physical conduct of the schools, and which devolves upon
School Boards appointed by the Mayor in every Borough the edu-
cational conduct of the schools. This will enable each Borough to
express in the conduct of its schools, what is natural and best in its own
life, while it secures for the city as a whole the benefits of administra-
tion from the center as to all work that can be best done in that way.
Powers are given to the Board of Education which are believed to
be sufficient to secure a uniform financial system throughout the
Boroughs and a system of efficient educational oversight. In the
meanwhile, both the central Board of Education and the School
Boards of the Boroughs are each supreme in the field actually com-
mitted to their care. The Board of Education representing the city
as a whole consists of the chairman of the Borough School Boards
and of four delegates elected by the School Board of the Borough
of Manhattan, three by the School Board of the Borough of Brook-
lyn, and one by the School Board of the Borough of The Bronx.
The School Boards of the several Boroughs are to have the follow-
ing members: Manhattan, fifteen members; The Bronx, five mem-
bers; Brooklyn, fifteen members; Queens, five members; Richmond,
five members. The term of office of all members is to be three
cxxii
INTRODUCTORY.
FINANCE.
In the matter of Finance, the Committee have adhered closely to
the financial system of the City of New York. This appeared to be
good judgment, both because by such action the convenience of a
majority of the citizens would be consulted, and also because this
system has been worked out in the City of New York by long years
of experience and with very great care. In only one particular has
a departure from this rule been made. Under the present charter
of the City of New York, the Board of Estimate and Apportionment
prepare a provisional estimate of the annual expenses of the city,
submit that provisional estimate to the Board of Aldermen, who
return it with such suggestions as they may care to make. The
Board of Estimate and Apportionment are then at liberty to disre-
gard the suggestions, or not, as they see fit. Whatever they may
do, the final estimate is acted upon and adopted by the Board of
Estimate and Apportionment. In this particular, it falls in better
with the general scheme of the charter prepared by the Committee
to adopt the Brooklyn system, which gives to the Board of Estimate
and Apportionment the same duty of preparing the budget in the first
instance. This budget, however, when transmitted to the Munici-
pal Assembly, will be acted upon by that body without any further
review by the Board of Estimate and Apportionment. The Munici-
pal Assembly have the right to cut down any item, but not to
increase any item nor to enlarge it, nor to insert any new item.
In the matter of the collection of arrears, the New York system
has been retained and extended over the whole city. That is to
say, all arrears of taxes and assessments in The Greater New York
will be enforced by a tax sale of the lease instead of by a sale of the
fee, as is now the case in Brooklyn.
DEPARTMENT OF TAXES AND ASSESSMENTS.
For the same reason, the Department of Taxes and Assessments
has been retained upon the lines of the same Department in the
present City of New York, with no other changes than appeared to
be necessary to enable the Department to cope efficiently with the
increased magnitude of the problem with which they will have to
deal, and to afford a hearing in each Borough on all questions of dis-
puted assessments within convenient reach of the citizens of all
parts of the greater city. We also provide that the citizen may
make payment of taxes in the Borough of his residence. Careful
provision is also made to secure equality of assessments and of taxa-
tion in all parts of the new city.
CIVIL SERVICE.
A Civil Service Commission has been created for the greater city
on the lines of the present law, and the examination of candidates
for admission to the Police Force, as in all other Departments, has
been assigned to that body.
MUNICIPAL STATISTICS.
The Mayor has also been authorized to establish in his office a
Bureau of Municipal Statistics, which it is expected, without any
INTRODUCTORY.
cxxiii
great expense to the city, will be able to systematize the statistics
of the various departments and to give such information to those
interested as will enable The Greater New York to contribute to the
science of sociology and of good city government all over the world.
THE TAX OF 1898.
One matter of great difficulty has developed in connection with
the study of the charter. The financial system of the present City of
New York, established in 1813, compels the city to borrow money
for the expenses of the city government from the ist day of January
until the ist of October. The tax that becomes collectible on the
Ist of October is the tax for the current year. In Brooklyn and in
all other parts of the territory of The Greater New York the tax
that is collected in the autumn is the tax for the next ensuing year.
In other words, in order to place the present City of New York as
to its taxes on the same basis as the other parts of the territory to
be consolidated with it on the ist of January, 1898, it would be
necessary in 1898 to do one of two things as to the present City of
New York - either to levy in that year two years' taxes in one; or,
to procure one year's taxes in advance by borrowing. It is clearly
impossible to levy two years' taxes in one in the present City of New
York, and if all of the taxes of a year were to be borrowed, the bor-
rowing capacity of The Greater New York, as limited by the margin
between its actual debt and its debt-making power, would be
reduced by $45,000,000 more or less. In the judgment of the Com-
mittee, the recourse of borrowing a year's taxes for the present City
of New York is, therefore, as impossible as the other. Accordingly,
the only way in which the financial system of The Greater New
York can be made harmonious throughout all parts of its territory,
so far as taxation is concerned, is to omit altogether in 1898 any tax
throughout The Greater New York outside of the territory of the
present City of New York. This omission, however, will not add
any additional burden to the taxpayers of the present city. By this
means the Treasury of the Greater New York will receive on Janu-
ary ist, or soon thereafter, from Brooklyn and from all the other
parts of the territory of The Greater New York included in Queens
and Richmond Counties the entire amount of the tax of 1897 levied
on those portions of the greater city, this amount becoming avail-
able for municipal purposes on January ist, 1898. The share of the
present City of New York of the expenses of the greater city for
1898 will be borrowed on revenue bonds, as now, from January ist
to October ist, and after the first of October through the tax levy
of that year the City Treasury will receive in money the present
City of New York's contribution to the expenses of the same year.
In October, 1899, a tax will become payable on all parts of The
Greater New York for the expenses of that year. By the draft here-
with submitted, it is made the duty of the Board of Estimate and
Apportionment, in 1899, to correct any inequalities that may have.
arisen by reason of the unusual conditions existing when the taxes of
1898 were levied. If any part of the city has paid more than its
share during 1898, it will receive a rebate in the tax of 1899. If any
part of the city has paid less than its share for 1898, that deficiency
will be added to its proper share of the tax of 1899. These dates, it
cxxiv
INTRODUCTORY.
may be remarked, are all based upon the proposition that the char-
ter of The Greater New York shall go into effect, as provided by
existing law, on the ist of January, 1898. It is also to be noted
that the City of New York as at present constituted pays no taxes
that it would not pay if consolidation had not taken place; neither
does any portion of the greater city escape from any part of its
share of the common burden.
THE CITY DEBT.
In the matter of the debt of the various communities and parts of
communities united under the charter of The Greater New York, it
is made necessary by the requirement of the law under which the
Commission acts, in order to bring about uniformity of taxation for
The Greater New York, to assume all the debts of every character
throughout the territory concerned, as a charge upon The Greater
New York, and, similarly, to carry out all the obligations of the
several Sinking Funds, without impairment, and all the requirements
of the debt of every character, as a general charge upon the city at
large. All assessments for benefit are retained in all parts of the
city, and will be collected as though consolidation had not taken
place. All other debts are assumed by the city at large, and will be
discharged by it as though they were originally its own obligations.
MUNICIPAL OWNERSHIP.
There is naturally a diversity of opinion in the Committee upon
this subject. From an original and ideal standpoint it is easy to see
that the city would become the recipient of vast revenues by the
ownership and operation of all franchises for lighting by gas or elec-
tricity and for tramways and other purposes necessary to the life
and business of a metropolitan community and exercised so largely
by a use of the streets and avenues belonging to the people. Nor
could any one well deny the right and power of the people to embark
in such enterprises. If the subject were up originally, as it was in
Glasgow and in some of the new cities of this country, it could
easily be treated upon first principles. In The Greater New York,
however, private capital has, upon the faith of the State, embarked
largely in such franchises. It would take a sum too vast to be
hastily computed to acquire the properties thus vested in private
persons, by fair compensation. The aggregate would greatly exceed
the limitation put upon city indebtedness by the State Constitution.
We have, therefore, concluded not to deal radically with the subject
in the body of the present draft, but to leave the larger aspects of
it to any special measure which the Commission or the Legislature
may think it wise to adopt. We have, however, provided for the
future that all franchises operated principally by the use of the
public streets should be granted by way of a lease for a period not
exceeding twenty-five years, and in the meantime for full municipal
supervision and regulation, with the option of renewal for a like
period upon a revaluation, with a reverter to the city at the end of
the term. Precluded by the reasons stated from dealing with the sub-
ject originally in the Draft, we can think of no better or wiser
method, under the circumstances, for securing to the City proper
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XXV
revenue from these sources, and, if desirable, ultimate title to the
product of future franchises.
County Officers.
Boards of Supervisors and Constitutional Objections.
We have acted upon the assumption that it may be held necessary
under the Constitution of the State to preserve intact for constitu-
tional purposes the several counties included within The Greater
New York. But this does not imply that Boards of Supervisors
with extensive legislative functions are to be maintained. We have,
therefore, expressly provided that nothing contained in the Charter
shall be deemed to interfere with or hereafter prevent the election,
pursuant to laws relating thereto, of all county officers required by
the Constitution of the State to be elected in either of the counties
in whole or in part included within the city.
The salaries of all county officers in the Counties of New York,
Kings and Richmond, are, unless otherwise provided by law, to be
fixed by the Board of Estimate and Apportionment, subject to the
.approval of the Municipal Assembly. Such salaries, together with
all other county charges and expenses in each of the three counties
named, are to be audited by the Board of Estimate and Apportion-
ment, and to be paid by the City of New York in the same manner
as the salaries of city officers and other city charges are paid. The
amount necessary to pay such salaries and county charges is to be
levied and assessed by the Municipal Assembly upon the property
of the three counties, respectively, so that each shall ultimately bear
and pay all its own county charges.
The Board of Supervisors of the County of Queens will continue.
We have provided for the equitable apportionment of that part of
the county debt of the County of Queens to be assumed by The
Greater New York, and have further provided for the levying and
collection, by the city, of taxes in that part of Queens County
included within the city, and for the division of school moneys.
In order to avoid the possible necessity of having in each of the
Counties of New York, Kings and Richmond, a Board of Super-
visors, with all the powers now possessed by such a body under
existing general laws of the State, we have prepared for submission
to the Legislature a separate general law, entitled: “An Act to
provide for Boards of Supervisors in counties wholly within the
limits of a city but not comprising the whole of such city, and
defining the powers and duties thereof."
That such an Act would be general in its character, as being
applicable to all counties of a certain class within the State, and
therefore not violative of the Constitution, has the sanction of the
Court of Appeals.
The Act will apply to the Counties of New York, Kings and Rich-
mond. The single power that it will give to the Board of Super-
visors in each of these counties is that of dividing the county into
Assembly Districts, in counties entitled to more than one member
of Assembly, as provided by Section 5, of Article III, of the Consti-
tution. This is the only power expressly conferred by the Constitu-
tion upon a Board of Supervisors.
cxxvi
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The Act expressly provides that Boards of Supervisors in counties
falling within the class described shall possess no further powers,
and expressly prohibits them from incurring any debt. It further
provides that in all such counties the Board of Supervisors shall be
composed of the members of the Municipal Assembly, Board of
Aldermen, Common Council or other legislative body of the city,
who shall be elected as such and also as Supervisors, by the people
of the county; that the members of the Board shall serve as such
without compensation, and that their terms of office as Supervisors
shall be co-extensive with their terms of office as members of the .
Municipal Assembly, Board of Aldermen, Common Council, or other
legislative body of the city within which the county is located..
We believe that this Act would fully satisfy the requirements of
Sections 26 and 27 of Article III of the Constitution.
Section 26 provides that:
"There shall be in the several counties, except in cities
whose boundaries are the same as those of the County, a Board
of Supervisors to be composed of such members, and elected in such
manner, and for such period, as is or may be provided by law."
Section 27 provides that:
“The Legislature shall, by general laws, confer upon the
Boards of Supervisors of the several counties of the State such
further powers of local legislation and administration as the
legislature may from time to time deem expedient."
Having thus, as we believe, complied with the literal provisions
of the Constitution, that possibly require a Board of Supervisors in
New York, Kings and Richmond Counties, when New York and
Kings Counties cease to be coterminous with cities, it remains to be
said that the spirit of the Constitution in this respect is preserved
and not violated by the proposed Act. The Constitution expressly
provides that when a city and a county are coterminous, the duties
of the Board of Supervisors may be devolved upon the legislative
body of the city, and that such counties may no longer incur debt.
This provision applies specifically at the present time to both New
York and Kings Counties. It cannot be maintained that by uniting
into one city the two cities of New York and Brooklyn, now coter-
minous with counties, anything but the letter of the Constitution.
requires as to these counties even such an Act as we propose.
Neither does the spirit of the Constitution seem to require it as to
Richmond County.
The powers of local legislation and administration heretofore gen-
erally possessed by Boards of Supervisors, in our opinion can be
vested by the Legislature of the State in the Municipal Assembly,
and administrative departments of The Greater New York, and the
draft so provides
Some members of the Committee, taking together all of the pro-
visions of the Constitution and their manifest purposes, are of opin-
ion that it is competent to devolve all of the duties and powers of
the Counties of New York, Kings and Richmond on the Municipal
Assembly, and that it is not necessary to provide for the separate
existence of Boards of Supervisors in each county.
INTRODUCTORY.
cxxvii
But we have united as a matter of precaution in the view that it
would be safer to assume that it might be held necessary under the
Constitution to maintain the existence of Boards of Supervisors in
each county to discharge the duty which the Constitution in its
terms requires of such Boards. We, therefore, recommend the
passage of a separate Act of the character above mentioned.
THE GREATER NEW YORK.
In every stage of our work we have been mindful of the determi-
nation both of the communities affected, as expressed at the polls,
and of the Legislature of the State, embodied in the Act creating
the Commission, that consolidation should be promptly effected.
The municipalities to be legally united are actually one. The
people living under the government of one corporation do business
under that of another. They go and come, oblivious of the artifi-
cial lines of division. There are no longer any natural obstacles to
compact unity. Common institutions and mutual relations have
created a common patriotism. Nothing is needed but a unity of
laws and government to make New York all that nature and circum-
stances have entitled her to become.
To draft a charter for such a city has been a work vast in extent,
intricate in detail and far-reaching in its consequences. Your Com-
mittee have been engaged since the last meeting of the Commission
continuouslv upon it, and have given it every moment of time within
their command and every effort their capacity could afford. We
submit the result to the judgment of the Commission and to the
people of the communities involved, in the expectation that any
serious error or defect may be corrected before the charter is
passed.
New York, December 24th, 1896.
WILLIAM C. DE WITT, Chairman.
TOHN F. DILLON.
THOMAS F. GILROY,
SETH LOW..
GEORGE M. PINNEY, JR.
BENJAMIN F. TRACY.
After public hearings the commission amended and revised the
draft, and submitted the same as the proposed charter to the
legislature February 13th, 1897. The commission submitted to
the legislature with the charter the following report:
“ To the Legislature :
The commission appointed pursuant to the provisions of chap-
ter 488 of the laws of 1896 to prepare a charter for greater New
York and to submit, in connection therewith, such supplementary
bills as might appear to be necessary to carry into effect the
legislative intent as declared by the law under which they were
appointed, respectfully submits herewith:
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INTRODUCTORY.
1. A charter for greater New York.
2. An act to provide for boards of supervisors in counties
wholly within the limits of a city, but not comprising the whole
of such city, and defining the powers and duties thereof.
3. An act relating to the election of city officers of the city of
New York as constituted by the greater New York charter, at the
general election to be held in November in the year 1897, and for
the canvass and return of the votes thereof and the determination
of persons elected thereat.
4. Certain amendments to chapter 90g of the laws of 1896, known
as the election law, which appear to be necessary in connection
with the elections to be held in 1897 and thereafter, within the
territory to be consolidated into greater New York.
5. An act to provide for the election of supervisors in the
several wards of the borough of Queens in the city of New York,
to be members of the boards of supervisors of the county of
Queens.
6. An act in relaticn to the city court of the city of New York
and for the accommodation thereof, authorizing the fitting up
and equipping of certain parts of the city hall in the city of New
York.
7. A proposed constitutional amendment to authorize the
municipal assembly or other legislative body of a city to discharge
for counties wholly included within the limits of such city the
duties at present devolved by the constitution upon boards of
supervisors throughout the state.
8. A proposed constitutional amendment forbidding counties
wholly included within the limits of a city to become indebted.
9. A proposed constitutional amendment authorizing laws to
be passed providing in municipal elections for minority or propor-
tionate representation.
NECESSITY FOR SUCH SUPPLEMENTARY LEGISLATION..
Before speaking of the charter itself, it appears to be proper to
explain the necessity for the supplementary legislation suggested,
and to state the reasons that have prompted the commission to
submit the proposed constitutional amendments.
The legislature will recall that his excellency, Governor Mor-
ton, in approving the bill under which the commission has been
serving, called especial attention to the possibility as an inciden-
tal result of consolidation, of the resuscitation in the counties of
New York and Kings of separate and independent boards of
-
1
INTRODUCTORT.
cxxix
7
supervisors, and of the possible continuance in Richmond county
of a board of supervisors notwithstanding the inclusion of that
county within the limits of the enlarged city. This question,
thus prominently brought to their attention, naturally has received
from the commission the most careful consideration. The mem-
bers of the commission are of one mind in believing that the
creation of greater New York would be an almost unmixed mis-
fortune, if it were to result in paralleling the city government
throughout the territory of the consolidated city with a separate
and independent county government in the three counties of
New York, Kings and Richmond. The state constitution deals
effectually with such a situation when a city and a county are
literally coterminous; and probably no one will dispute that the
spirit of the constitution, as expressed in the provisions dealing
with that case, equally demands that the functions of the board
of supervisors in the various counties included within the consoli-
dated city of New York should be discharged by the legislative
body of the city, precisely as such functions are now discharged
for New York county by the board of aldermen of the city of
New York, and for Kings county by the common council of
Brooklyn. On the other hand, it is not clear that the letter of
the constitution, by reason of its failure to provide in terms for the
precise case of a city that should include within its boundaries
the whole or more than one county, might not lead to serious
embarrassment. Accordingly, the commission urges as a material
part of the plan for the creation of greater New York the passage
of the act defining the powers and duties of boards of supervisors
in counties wholly within the limits of a city, but not comprising
the whole of such city.
The Act provides :
1. That in such counties the boards of supervisors shall consist
of the members of the municipal assembly, to be elected as such,
and also as supervisors, by the people of the county.
2. That such boards of supervisors may act as county canvass-
ers, and shall have the power conferred by the constitution upon
supervisors of subdividing the counties into assembly districts.
3. That such boards of supervisors shall have no other power
of local legislation or administration, and shall have no power to
create debt.
4. All other boards of supervisors within such counties are
abolished from and after January 1, 1898.
The powers of local legislation and administration heretofore
ix
CXXX
INTRODUCTORY.
generally possessed by boards of supervisors can, in the opinion
of the commission, be vested by the legislature of the state in
the municipal assembly and administrative departments of greater
New York, and the charter so provides.
This act, it is believed, keeps strictly within the provisions of
the constitution, and, should it become a law, will obviate the
apprehended embarrassments of the situation so far as an enact-
ment that is dependent upon the legislative will can do so.
With the passage of this act the commission believes that consoli-
dation can be safely carried into effect. It also believes that the
constitution of the state should be amended in order to put an
end, definitely and permanently, to all danger of conflict between
city and county government in a city including within its limits
one or more counties, precisely as the constitution already puts
an end to such conflict in the case of a city that is coterminous
with a county. The commission, therefore, respectfully urges
upon the legislature that it take the necessary action to bring
before the people of the state, in due course, the amendment to
the constitution that has been prepared to deal with this subject,
and also the amendment to prevent such counties from incurring
debt.
1
ELECTIONS IN THE GREATER CITY FOR THE YEAR 1897.
According to the law under which the commission is serving,
greater New York is to be constituted on the ist of January,
1898. It will, therefore, be necessary to hold an election for the
officers of the enlarged city in the autumn of this year in the
three counties of New York, Kings and Richmond, and in that
portion of Queens county that is to be embraced within the city
of New York. In its temporary aspect this situation necessitates
the passage of the act relating to the election of city officers of
the city of New York as constituted by the greater New York
charter at the general election to be held in November in the
year 1897 and for the canvass and return of the votes thereof and
the determination of persons elected thereat. Inasmuch as this
election for city officers will be carried on in four different coun-
ties, it appears to be necessary, also, to amend the general election
law so as to provide for the city election of 1897, and also for
subsequent elections to be conducted under the same conditions.
It is believed that the amendments herewith submitted to chapter
909 of the laws of 1896, known as the election law, deal ade-
quately with that phase of the question.
INTRODUCTORY.
cxxxi
ACT CONCERNING ELECTION OF SUPERVISORS.
By the provisions of the greater New York charter the towns
in that part of Queens county consolidated into the city, and
Long Island City, become wards of the city of New York. The
act to provide for the election of supervisors therein, and provid-
ing that such supervisors shall be members of the board of super-
visors of the county of Queens, is thus made necessary.
It will be manifest in the legislature that all of the foregoing
acts, in substance and effect, must be adopted in connection with
the charter for the greater New York, if consolidation is to
be effected on the ist of January, 1898, without unspeakable
confusion.
ACT CONCERNING THE CITY COURT.
An act in relation to the city court of the city of New York,
and for the accommodation thereof, and authorizing the fitting
up and equipping of certain parts of the city hall of the city of
New York, though less fundamental in importance, is no less
desirable from the point of view of public convenience if the
charter submitted by the commission is to be adopted. The
charter provides for a municipal assembly consisting of two
houses, and also for a board of public improvements, which is to
have very important functions in relation to all the public work
of the municipality. The act submitted by the commission is
intended to provide quarters for the city court of New York out-
side the city hall, and to authorize the present government of the
city to provide suitable quarters in the city hall for both houses
of the municipal assembly and for the board of public improve-
ments. The commission, therefore, urges the passage of this bill,
also, in connection with the charter for greater New York, in the
interest of public convenience.
MINORITY REPRESENTATION.
The purpose of the second proposed constitutional amendment
is to invest the legislature with authority to permit minority or
proportionate representation in municipal elections. It is a
source of sincere regret to the majority of the commission that
under the constitution of the state, as it now stands, it has
appeared to be impossible to provide for minority or proportion-
ate representation in the charter of greater New York, without
making a vital part of the charter depend upon a provision of
cxxxii
INTRODUCTORY.
uncertain constitutionality. Such representation is equally
desirable whether the basis of division in municipal elections be
political or non-political. So far, both in the history of Great
Britain and of this country, the complete exclusion of politics
from municipal elections has been found impossible. Many
hope that in the future it may not be so. But if such expecta-
tions be realized, some basis of division on local issues will still
exist representing differences of opinion, and it is important
whatever such differences may be, that the minority shall be
represented. The commission would have provided for the elec-
tion of some members of the municipal assembly at large and for
a gradual retirement of the members of one or both houses, if it
could have done so with the assurance that in every year the
minority, whatever that might be, would have secured under all
circumstances just representation. But, in greater New York,
where the political division of the citizens is so one-sided, elec-
tions wholly at large for the municipal assembly would be likely
to mean, in most years, the absolute extinction of the minority.
Partial elections at large in ordinary years could only tend to
decrease the minority's just and proportionate weight. A method
of election that should make it impossible ever to change the
membership of the assembly at one time, would be apt to give
the control of the municipal assembly of the city to the majority,
happen what would. In the meanwhile it has seemed to the
commission of the utmost consequence to the public welfare that
the minority, however composed, should be represented in the
municipal assembly at all times, even if it cannot hope often to
secure control. The commission has, therefore, arranged in both
houses of the municipal assembly for a system of representation
by districts that will secure always a certain representation for
the minority. The distribution and political habits of the people
of the city are likely, in the judgment of the majority of the
commission, often to make this representation less than it ought
of right to be; and the commission, therefore, urges as strongly
as possible that the amendment to the state constitution to per-
mit minority or proportionate representation in municipal elec-
tions be placed promptly in the way of adoption. It does this,
also, the more readily, because it believes, quite apart from the
special conditions prevailing in greater New York, that minority
or proportionate representation is in the interest of good city
government. Such representation tends to emphasize the fact
that, in the administration of a city, the common interests of the
LUI
INTRODUCTORY.
cxxxiii
citizenship of the place are more fundamental than party divi-
sions; while, in the meanwhile, it tends to preserve the interest
of the minority in the effort to secure good city government by
encouraging them to feel that their efforts are not useless.
1
THE PROPOSED CHARTER.
In approaching the discussion of the charter herewith submitted
it is proper for the commission to remind the legislature that the
task imposed upon them, at once delicate and onerous as any
task could be, has also been very definite and precise in its nature.
The commission has not been charged with the duty of prepar-
ing a city charter at large; but, on the contrary, with the duty of
preparing a charter that should unite into one city three existing
cities, each living, to a considerable extent, under local laws and
each with different charters; and that should also bring into the
enlarged city a considerable area, besides, of territory still remain-
ing under town and village government. The different commu-
nities thus to be consolidated into one are located upon three
different islands and upon the main land, and thus they are
divided geographically into natural subdivisions almost as distinct
as the historic antecedents that have marked their life. Never-
theless, they are, in substance and in fact, a single community, in
that they are all alike the outgrowth of the commercial and
industrial life of the historic city of New York.
To have adopted for such a city what might be described as a
skeleton charter, would have been to have left to the local legis-
lature the framing of ordinances that should be the fundamental
law for all the vast interests thus to be consolidated into a single
government. In connection with the building department, the
commission has done this, partly because it was clearly impossi-
ble to extend the building laws of the present city of New York
over territory presenting such widely different conditions, and
partly because the commission were unwilling to venture upon
original legislation as to a subject at once so intricate, so technical,
and yet so important. Moreover, few subjects afford, it is believed,
a more appropriate field for local regulation. The charter, there-
fore, provides that the existing building laws shall stand in all
parts of the consolidated territory until superseded by a munici-
pal building code, and the municipal assembly of the city of New
York is given authority to employ experts in the preparation of
such a code.
But, as to most subjects, it appeared to the commissioners to
1
CXXXIV
INTRODUCTORY.
be wise, in defining the powers and duties of the enlarged munici.
pality, to avail as far as possible, and wherever it was applicable,
of the legislation already upon the statute book in relation to one
or the other of the cities to be consolidated into greater New
York. This decision has made the charter more bulky than it
otherwise would have been; but the legislature and the commu-
nity may rest assured that, for the most part, the powers and
duties devolved upon the various departments of greater New
York are those which have heretofore been devolved upon such
departments in one or the other of the cities consolidated by the
charter. The commission has ventured upon very little original
legislation touching the powers of any department, unless with
the general approval of those most competent to speak in relation
thereto. In case of doubt as to any point, the commission gener-
ally has assumed that the existing law was the result of the past
experience and ought to be maintained. Where the local laws
have differed, in matters financial and relating to property, the
law of New York has generally been given the preference; in
matters indifferent, the best law, in the opinion of the commis-
sion, obtaining in any of the three cities has been maintained;
and where immediate uniformity has been impracticable without
great local irritation, if absence of uniformity could be tolerated
without disloyalty to consolidation, as in the case of the depart-
ment of education, the commission has done the best it could and
has not hesitated to leave to time the adjustment of points of
detail as to which there has been dispute. No other course
seemed to be practicable under a mandate to unite living organ-
isms, like cities, into a new and common life.
+
LEGISLATIVE DEPARTMENT.
When the commission came to consider the legislative depart-
ment for the greater city, diverse and conflicting views and plans
were urged for adoption.
The general judgment was that a municipal legislative assembly
was not only necessáry, but indispensable. But as to the consti-
tution, size and powers of such an assembly conflicting views are
also presented and urged. Some advised the constitution of the
municipal assembly substantially upon the model of the English
system, where an elective municipal council, usually elected from
wards or subdivisions, is invested with the exercise, without
restraint, of all the powers which parliament grants or the law
gives to the municipal corporation. It elects the mayor from its
INTRODUCTORY.
CXXXV
own members, and appoints all its officers. Through standing
committees it controls without exception all the administrative
departments.
Others strenuously urged that American polity and experience
are against the adoption of the English plan en bloc, and that the
powers of the municipal assembly ought to be limited in number
and extent, and the exercise of the powers conferred be subjected
to appropriate and effective charter limitations, analogous in
principle and purpose to the restrictions which the American ,
constitutions impose upon the state legislatures.
THE CHARTER SCHEME OF THE MUNICIPAL ASSEMBLY.
This general plan commended itself to the commission, and is
embodied in the charter which it now submits to the legislature.
The commission found that the municipal history of New York
afforded on almost every subject useful and instructive lessons, of
which it has studiously availed itself. For example, the body
known as the board of estimate and apportionment has worked
well and given general satisfaction. The commission has retained
it and enlarged rather than lessened its powers. So the principle
of investing the mayor with large powers and consequent direct
responsibility to the people had also worked well, and his author-
ity has been increased rather than diminished. His term of office
is four years and he is made ineligible for re-election without an
intervening term.
The commission has, however, converted the present board of
aldermen into a municipal assembly, consisting of two houses; an
upper house of twenty-nine members, elected from large council
districts, containing an average population of more than 350,000,
and a lower house, consisting of sixty members, one elected from
each assembly district, also a large area, containing an average
population of 50,000. The term of office of members of the
upper house is four years, and of the lower house two years.
Each ex-mayor, under the proposed charter, is ex officio
entitled to a seat in the council, with the right to participate in
its discussions; and each administrative head of a department to
a seat in the lower house, with a like privilege.
It may be objected that the size of the municipal assembly is
unnecessarily large. This objection, when it is considered that
upon the adoption of the charter New York will in size and
population become the second city of the world, is not well
founded. Experience shows that it is more difficult to corrupt,
cxxxvi
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1
to mislead and to form pernicious combinations in large than in
small legislative bodies. It is not nearly as large as the average
legislative bodies in this country dealing with people less numer-
ous and subjects not more important. The experience of other
countries is almost uniform to this effect. The present common
council of the city of London is composed of 232 members;
county council of London is composed of 238 members; the
common council of Manchester, 104; of Glasgow, 78; of Liver-
pool, 64; of Paris, 80; of Berlin, 126, and of Vienna, 138.
The charter has been constructed upon the principle that it is
expedient to give to the city all the power necessary to conduct
its own affairs. The commission has accordingly conferred upon
the municipal assembly legislative authority over all the usual
subjects of municipal jurisdiction. The extent and variety of its
powers, as well as its size, mark the commission's sense of its
dignity and importance.
With a view of self development, the commission has intrusted
the new city with power to establish ferries; to build bridges over
and tunnels under all waters within its domain; to build docks
and improve the harbor of the entire city; to construct parks,
school-houses, and public buildings; to open streets and extend
them; to provide water; and also the means of securing
easy, cheap and rapid communication by ferry and railways
between all parts of the great metropolis. The city, as the
commission has constituted it, has within itself all the elements
and powers of normal growth and development, making it
unnecessary to have habitual recourse, as hitherto, to the legisla-
ture of the state for additional powers — a serious evil, and, in
the past, the source of much abuse. These powers — great,
varied and even complex, as they necessarily are — will, when
scrutinized, be seen to be no greater than the city requires and to
be always legislative in their character. They are such as the
municipalities of England and of Europe, as well as of this
country, constantly exercise.
This does not mean that under the proposed charter the city
can change the structure of its own government. Whatever
powers it will have it will receive as a grant from the state to
enjoy in the form that they are given, and the state alone can
modify the grant. Neither does it mean that the city can do
what it will in every possible direction. It is tied up in many
ways by old laws that are continued, because they have been jus-
tified by experience. But it does mean that the city is believed
INTRODUCTORY.
cxxxvii
to be equipped with power to decide for itself what it will do
within the well-recognized range of ordinary municipal activity.
But, while the charter thus confers upon the municipal assem-
bly, powers adequate to the present wants and to the future
development of the city, it interposes, in accordance with estab-
lished American polity, a variety of checks and safeguards
against their abuse, similar in their nature and purpose to the
constitutional limitations upon the congress of the United States
and the legislatures of the several states. No people can enjoy a
large degree of liberty and the necessary powers of government
in which that liberty consists, without such powers being liable to
abuse. It is the duty of the legislator not to withhold the neces-
sary power, but sedulously to safeguard its exercise. To provide
such safeguards has been the subject of anxious consideration on
the part of the commission. The legislative experience of New
York and other cities, and of the several states — indeed, of all
popular bodies — shows that a main source of abuse is hasty or
ill advised action, especially as respects the power to dispose of
franchises and those powers which involve the raising and
expenditure of money, the creation of debt, and the consequent
levy of taxes and the placing of other financial burdens upon the
people.
It is a marked feature of the charter now presented that it
differentiates the powers relating to franchises, the creation of
debt, the expenditures of money, the laying of taxes and assess-
ments — these being the only powers liable to serious abuse -
from the ordinary powers of the municipality embracing the
countless subjects requiring municipal regulation. The former
class of powers the commission has protected against abuse by
special and appropriate safeguards -- safeguards which are in
some respects unique, and which will in its judgment prove effect-
ive. Thus, as to franchises and their disposition, the charter
proposes a radical change of the highest importance and value.
The streets of the city belong of right to the whole people.
Their use for the public benefit and their control in the public
interest ought never to be permanently parted with in favor of
any private interests whatever. The charter, therefore, declares
that they are inalienable, and that no rights therein shall here-
after be granted by the municipal assembly except upon the
approval of the board of estimate and apportionment, and then
only for limited periods, and upon provision being made for
periodical revaluations.
S.
CXxxviii
INTRODUCTORY.
Hereafter, therefore, no disposition of franchises, even for such
limited periods, can be made by the municipal assembly without
the concurrent action of the board of estimate and apportion-
ment. This board is a body conservative in its nature and
familiar with the extent of the city's debt, with its revenues,
with its wants, and with the amount that can be reasonably
raised by taxation; and under the charter no considerable debt can
be incurred by the municipal assembly without the sanction of
this board. When the municipal assembly and the board of esti-
mate and apportionment concur in sanctioning any work which
involves the expenditure of large sums of money, the charter fur-
ther interposes for the public protection the mayor's power of
veto. It is the judgment of the commission that the power of
creating debt, especially debt payable in the distant future, the
power of disposing of franchises, and the levying of taxes and
assessments should have this triple safeguard. Any expenditure
that can pass these successive ordeals is probably deserving; and,
if it cannot pass them, in view of the publicity with which the
proposed expenditure will thus necessarily be attended, the pre-
sumption is strong that it ought to fail.
Similar protective principles are applied to the water front and
waters constituting the harbor of New York. The charter recog-
nizes the harbor as the parent of the city's present greatness and
of her commercial supremacy now and in the future. The charter
proposed gives to the city, subject to vested private rights, which
have been carefully protected, the control of the entire water
front, and of lands under water everywhere within the city, so far
as necessary to secure and develop the commerce, foreign and
domestic, of the city, and provides that its rights in and to its
wharves, docks and other adjuncts of commerce, and all property
held and acquired for that purpose shall be and remain inalien-
able, and be disposed of only by way of lease for limited periods
upon periodical revaluations.
The municipal assembly, through its representatives, is the
organ of the people in the various boroughs and in every part of
the city. It is made its duty to see that the laws and ordinances
of the city are faithfully observed by all the departments and
officers. To this end the commission has given the municipal
assembly, by joint resolution, the power to make inquest into,
and within the carefully defined limitations of the charter, exer-
cise supervision over, all the departments and officers of the city,
a most useful and necessary function, operating as a salutary
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cxxxix
check on secret abuses, mal-administration and oppressive and
illegal exercise of authority.
1
1
BOARD OF PUBLIC IMPROVEMENT..
In respect of the large and costly range of public works com-
prised in the general term “local or public improvements,” the
charter provides in one respect a different and more appropriate
but equally effective check. It creates a board of public improve-
ments, referred to below, which has jurisdiction over the bridges,
streets, avenues, the water and sewer systems, and the like, of
the city. It is clear that such works ought to be primarily deter-
mined by expert authority, so that they may be developed upon
a fixed plan and designed and constructed in accordance with the
highest attainable scientific skill. The charter therefore provides
in general that the initiative in such improvements shall be taken
by the board of public improvements, requiring, however, that
works of great magnitude and cost shall also have the approval of
the board of estimate and apportionment, and of a three-fourths
vote of the people's representatives in the municipal assembly,
with a veto power in the mayor, and with power in five-sixths of
all of the municipal assembly to override the mayor's veto.
These provisions, requiring respectively the sanction of the
board of estimate and apportionment and of the board of public
improvements and the sanction of the municipal assembly, and
subjecting the ordinances of the municipal assembly relating to
them to the veto power of the mayor unless overriden by a five-
sixths vote, will, in the judgment of the commission, while giving
the city the necessary power of development, render it substan-
tially safe from serious abuse.
The essential features of the board of public improvements are
(1) a president of the board, with power to enforce harmonious
action upon all the departments represented in the board that do
public work; (2) the responsibility of each department repre-
sented in it for the work to be done by the department; (3) the
initiative in matters relating to public improvements, which, in
general, is lodged therein. The board of public improvements
proposed in the charter consists of the president of the board, to
be appointed by the mayor, of the commissioners of the six
departments having charge of the six great branches of public
work in the city, also to be appointed by the mayor, and,
ex-officio, of the mayor, the comptroller, the corporation counsel
and the president of the borough. The mayor, the comptroller and
cxl
INTRODUCTORY.
the corporation counsel have been added to the board of public
improvements in order to devolve upon that body not only the
functions that are given to the corresponding board in the city of
St. Louis, where experience has demonstrated its value and
efficiency, but also the functions that have been committed in
New York heretofore to the board of street openings. The pres-
ence of these great officers of the city, however, upon the board
of public improvements can hardly fail to be an advantage to the
board when acting upon the important questions that arise in
connection with all public work that is carried on upon a large
scale.
The other member of the board of public improvements in the
proposed charter is the president of each borough. For adminis-
trative purposes, the city has been divided into the five subdivi-
sions, into which the territory of the city divides itself by following
natural lines, and these are called, in the proposed charter,
boroughs. These boroughs are named Manhattan, The Bronx,
Brooklyn, Queens, and Richmond. To those familiar with the
territory the names are sufficiently descriptive. The president of
a borough is an officer elected by the people of a borough (1) to
take the initiative in connection with all local improvements that
are to be paid for hy assessment for benefits; and (2) to represent
the borough on the board of public improvements. In the latter
board the president of the borough has a vote as to all questions
affecting his own borough. The board of public improvements
thus consists of eleven members. This board is one of the chief
constructive provisions of the charter and has been carefully
thought out in its constitution and powers. It is large enough to
bring together men of different outlook and different ways of
thinking, so as to secure intelligent and thorough discussion. It
has in its membership the heads of the departments that must
carry on all city work, and can therefore command the advice
and the technical information of the experts in all of these depart-
ments. The city. at large is represented by its two great elective
officers, the mayor and the comptroller, who will bring to the
deliberations of the board the general point of view, while every
locality is insured a hearing and a voice by the presence on the
board of the president of the borough. Finally, the corporation
counsel is a member of the board, to advise it upon all legal ques-
tions that may arise. The commission is sanguine that this
feature of the charter will justify itself as thoroughly as the
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cxli
board of estimate and apportionment has justified itself during
the past twenty years.
Such protective provisions, in respect of the debt-creating and
borrowing powers of the city, are neither anomalous nor unneces-
sary. The cost of public improvements in the municipalities of
this country, permanent in their nature and too great to be borne
out of current taxation, is generally met by the issue of bonds or
other evidences of indebtedness payable in twenty or thirty years,
or other long periods of time.
SAFEGUARDS AGAINST EXCESSIVE INDEBTEDNESS.
The temptation to create present debt and to throw the burdens
of it on the future is very great, and it is universally recognized
that such power must be conferred under necessary limitations,
the common limitations in this country being a constitu-
tional restriction on the total aggregate indebtedness that may
be created (which is generally much smaller than the ten per cent
limitation in the constitution of New York), and often the sanc-
tion also of a popular vote. Even these have not always proved
effectual against the creation of improvident or extravagant
indebtedness. In England municipalities must submit to the
home office or other central authority in London for examina-
tion and sanction every project which requires the like borrowing
of money. This check on ill-advised improvements works well
in that country, although it is a check which is intrinsic to the
municipality, and one that is imposed upon the power of the
electors and of the municipality itself. On a similar principle,
and for the same purposes, we have devised and imposed checks
upon the debt-creating power of the greater city by requiring the
sanction, respectively, of the board of estimate and apportion-
ment and of the board of public improvements, and by subjecting
ordinances creating a debt to the mayor's power of veto. The
constitutional limitation in this state is too large to be, in itself,
an adequate restriction, and the local conditions in the greater
city are not such as to make it appropriate, in many instances, at
least, to submit to the people of the whole city the question
whether a given improvement, for example, an additional bridge
over the East river, or other like improvement, should be con-
structed or made. It seems to the commission that the checks
and safeguards contained in the charter against the creation of
improvident or excessive indebtedness are specially appropriate
to the circumstances and conditions of the greater city, giving it
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freedom of action to initiate all needful improvements, provided
they have the approval of the boards above mentioned and the
sanction of the mayor.
ASSUMPTION OF INDEBTEDNESS.
The commission has provided, as a necessary result of consoli-
dation, for the assumption by the enlarged city of all the valid
debts of every locality. This appeared to it to be mandatory by
the terms of the law under which it is acting. As the city
inherits all of the powers, franchises, rights and property of the
municipal and public corporations to be consolidated, it must
necessarily assume the just obligations and liabilities. It would
be impossible to secure a uniform rate of taxation throughout the
territory of greater New York within a generation by any other
course. It would be impossible, in any real sense, to unify the
city if in the matter of taxation all parts of it were to be treated
on a different basis as distinct entities; and it is not to be for-
gotten that anything that helps any part of the city after consoli-
dation takes place tends to relieve the burden of taxation in every
other part.
Careful provision is made in the charter to secure equality of
valuations and of taxation throughout the entire city and in its
every part.
7
POLICE DEPARTMENT.
: 'In organizing the police department the commission encoun-
tered a subject upon which it was found that unanimity was
impossible. Two different systems of police organization were in
existence in the cities to be consolidated. In New York there
was a police board of four members, and this board was charged
with the duties of a board of elections. At the head of the
police department in Brooklyn was a single commissioner, the
board of elections being a distinct and independent organization
consisting of four members.
The police chapter as finally adopted contains these provisions:
(1) All applicants for admission to the force must pass a civil ser-
vice examination, and new members must be selected from those
candidates who are graded highest by the civil service commission
after such examination. (2) Promotions from the lower to the
higher grades must be made on grounds of seniority, of merit and
of excellence, as shown by competitive examinations. (3) “No
promotion, except in case of a vacancy in the office of the chief
INTRODUCTORY.
cxliii.
of police, shall be made, unless the same is recommended by the
chief of police, in writing, stating his reasons for such recommen-
dation.” (4) To prevent a deadlock, “in case of the rejection of
any recommendation for promotion, the chief of police shall sub-
mit another name within three days, and shall continue so to do
until such vacancy is filled.” (5) The action of the board upon
these recommendations is by a majority vote. (6) The chief of
police may be retired and thus removed from office by the unani-
mous vote of four commissioners or by a majority vote approved
by the mayor.
It will thus be seen that the police department under the new
charter is organized upon principles quite different from anything
that has heretofore prevailed either in New York or Brooklyn.
CONSOLIDATION OF POLICE FORCES.
The charter provides for the consolidation into a single force
of all the police forces of the territory to be consolidated, and
also of all the park police and of the police of the New York and
Brooklyn bridge. The advantages to be gained by such a consoli-
dation of police forces are apparent. Some objection has been
made that the duties of the park police are so different from those
of the regular police as to make consolidation of the force in their
case unwise. The commission, in this respect, has acted upon
the plan that has worked well in connection with the sanitary
squad, a body of police assigned to duty under the orders of the
health department. That is to say, while the parks will be
policed by members of the police force assigned to duty therein,
such members, while so assigned, will be subject to the orders of
the park commissioners as fully as the park police now. By this
arrangement the commission thinks that it has secured in police
matters, even as regards the parks, the advantages of both
systems.
SALARIES IN POLICE AND FIRE DEPARTMENTS.
Another aspect of the financial problem has presented itself,
to the great perplexity of the commission, in connection with the
salaries of the uniformed forces of the police and fire departments.
It is certainly just that when men are liable to duty, either as
policemen or firemen, in any part of the great city, they should
receive the same rate of pay. On the other hand, the question
whether the pay ought to be immediately unified has seemed to
the commission a somewhat different one. In amalgamating into
cxliv
INTRODUCTORY.
a single force the police forces of the various cities to be consoli-
dated, and also the park police of the various cities and the
bridge police, it is clear that amalgamation in anything more than
a nominal sense must be a matter of time. The police forces so
to be consolidated are likely for a time to continue to serve, for
the most part, where they now are, and under conditions that
have hitherto prevailed. In the meanwhile, it has seemed to the
commission a real hardship to greater New York, before it has
realized any of the benefits of consolidation, immediately to fix
the salaries of the police and fire forces all over the consolidated
territory at the high figures that now prevail in the present city
of New York, which are based very largely, it is to be presumed,
upon the greater cost of living on Manhattan island. It has
seemed to the commission, therefore, that it is, on the whole,
just to all concerned to place the members of the various police
and fire forces to be consolidated with the present New York
police and fire forces, in a position to secure at once a yearly
increase of pay, and entire uniformity of pay within three years.
It is proper to point out that the park police of the present city
of New York are dealt with by the commission in precisely the
same way as the other police forces to be consolidated into the
police force of the greater city. In the meanwhile, provision has
been made for the initial appointment to the police and fire forces
of greater New York, after January 1, 1898, at a salary of $800
instead of $1,000, the minimum rate of pay at the present time in
the city of New York.
TY
UY
PROTECTION OF LOCAL INTERESTS. .
Manifestly one of the most difficult problems that the commis-
sion has had to meet has been to determine to what extent and
how the interests of the different localities in the great city could
be adequately provided for without exposing the city, on the one
hand, to grave financial danger by reason of extravagant demands
of suburban localities, and without depriving these localities, on
the other hand, of the advantages reasonably to be expected from
consolidation. The commission is of opinion that the president
of each borough, sitting, as he does, in the board of public
improvements, will be an important factor in the successful
working out of the problem.
The boards of local improvements consist of the president of
the borough and of the members of the municipal assembly resid-
ing within any given senatorial district, the senatorial district
INTRODUCTORY,
cxlv
having been chosen as the unit for the consideration of improve-
ments to be paid for by assessment for benefits. These local
boards give the neighborhood, as such, a voice by which it can
speak in relation to matters of local concern, and especially as to
what are technically known as local improvements; that is to say,
improvements to be paid for by assessment for benefits.
The procedure in regard to improvements to be paid for by
assessment for benefits has been settled after public hearings and
full discussion and deliberate consideration. The locality has the
opportunity to express its wishes in the matter through its local
board, presided over by the president of the borough. The judg-
ment of the board of public improvements, on which the city at
large, as well as each locality, is represented, is relied upon to
protect the public interest and to prevent the credit of the city
from being placed at the service of speculators and contractors.
In the scheme adopted, local improvements are to be aided by
the credit and means of the city, and the city cannot wholly
surrender the control thereof. The procedure adopted is simple
and involves no delay other than that which is essential for the
thorough investigation by the board of public improvements of
each proposition.
Care has been taken to protect all maps that have finally been
adopted for any part of the city from ill-considered change. The
duty of mapping parts of the city that are not yet mapped has
been devolved upon the president of the board of public improve-
ments in connection with the commissioner of sewers. This
arrangement has been chosen because it was deemed undesirable
to build up special machinery in each borough for this purpose.
Again, it was held to be essential that the officer originally mak-
ing the maps should be in a position to command the complete
co-operation of the department of sewers, inasmuch as the drain-
age system adopted is, to a considerable extent, the determining
factor as to the lines and grades of streets and highways. On
the other hand, the president of the borough, as a member of the
board of public improvements, will be associated with this work
only less closely than if he had it directly in his own charge. It
is possible that the president of the board of public improvements
may improperly disregard the views of the locality; but so it is
possible that a headstrong president of a borough might do the
same thing. In the meanwhile, such action is not to be antici-
pated in either case. It is rather to be assumed that, in a board
composed as the board of public improvements will be composed,
III
x
cxlvi
INTRODUCTORY.
every new section of the city will be mapped sagaciously and in
the public interest. The board of public improvements and, also
the municipal assembly, with the approval of the mayor, are given
power to call for the completion of any map by a date to be fixed,
so as to put an end to unreasonable delay.
By these provisions the commission thinks it has met success-
fully and equitably the requirements of the problem to be dealt
with. It has been impossible for the commission to accept the
proposition that was so strongly urged from one locality, that
every borough should elect its own commissioner of public works,
who should have control over and be responsible for public work
of all kind within the limits of the borough. Whatever may be
the advantages of this proposition, it is not consolidation; it is
rather disintegration. Such a plan would make the greater city
furnish the money to each locality for whatever work it wanted
to do, and would leave the locality free handed to do it in its
own way. It would deprive all parts of the city of anything like
unity of development, and would, in effect, destroy whatever
advantage is to be expected from consolidation in the direction
of skilled oversight and control. The commission has been
obliged to assume it as a fundamental proposition, from which it
has departed in no instance, that the control of all public work of
every kind should proceed from the center, and that it should be
executed by the agents of the city as distinguished from the
agents of the locality.
The scheme in the charter whereby the city aids with its credit
and money the making of local improvements by issuing its
bonds and raising, in the first instance, the amount needful for
such works, and relying for reimbursement upon afterward col-
lecting assessments for benefits, is a provision of extreme liberal-
ity on the part of the city toward the localities. Such a power
was regarded by some of the members of the commission as liable
to lead to excessive indebtedness on the part of the city, and
they urged that no such improvements be made unless one-
third, or some other proportion, of the cost should be raised in
advance by the property interested. The commission decided
upon the scheme outlined whereby the enlarged city will extend
its aid, but under the safeguards provided in the charter.
In dealing with interests so comprehensive and so important as
those that are affected by the proposition to consolidate into a
single city the three cities and the other territory that are to
become a part of greater New York, it is not surprising that
· INTRODUCTORY.
cxlvii
opinion in the commission, as well as outside of it, should have
been sharply divided upon some points. Notwithstanding these
divisions of opinion, the commission are as one in recommending
to the legislature the adoption of the charter as submitted.
11
III
. CONCLUDING OBSERVATIONS.
The commission, as it has studied the problem committed to
it for solution, has become more and more sensible of the gravity
of it. It appears to the commission inevitable that there should
be more or less inconvenience and possibly some confusion for a
time, resulting from the substitution of a new government for so
many other and different forms of administration throughout the
consolidated territory. Village governments, town governments,
city governments and county governments are alike called upon
to give place to a city government to come into being on a fixed
date. There are no officers in existence competent to make a
budget for the enlarged city, nor to lay a tax for its benefit, as
such, in advance of its constitution. The commission has pro-
vided that the different parts of the territory to be consolidated
shall raise their tax for 1898 precisely as though consolidation
were not to take place; and the charter equips the enlarged city
with authority to make good deficiencies and to readjust in 1899
any inequality of contribution that may be incident to the abnor-
mal condition prevailing in 1898. But, while the commission is
aware that some confusion may be inevitable in connection with
a reorganization of government so far-reaching, it is, nevertheless,
prepared to say, without dissent on the part of any member, that
it believes consolidation can safely be undertaken under the pro-
visions of the proposed charter and the special acts supplemental
thereto.
The commission does not assume that it has been able to antici-
pate every contingency, nor, with all its care, that it has been
able altogether to avoid omissions, repetitions and mistakes; but
it does believe, after everything has been said, that the charter
contains a system of government for the consolidated city that
may safely be put in operation with the assurance that it will
quickly adjust itself to the city's needs.
The commission is glad to be able to add that its study of the
problem has left it more firmly convinced than ever that the large
and permanent interests of all the communities involved will be
advanced by uniting them in the city of New York. Consolida-
tion cannot do otherwise than facilitate the spread of population.
cxlviii
INTRODUCTORY.
1
To the extent that it does this, it will increase the number of
citizens who can own their own homes and will multiply still
more largely the number of those who can hope to do so. In
the long run, the government of the city and the government of
the state must both be benefited by such a result.
Manhattan island is to-day the business center of a greater
New York of not less than three millions of people. There are
those now living who may see it the business center of a popula-
tion twice as large. In the meanwhile, by uniting into one city
the settlements (within the city limits) that line the shores of the
sound, the East river and the bay, so far as they are included in
the state of New York, the city of New York secures an opportu-
nity to command the development of commercial facilities
throughout the length and breadth of its magnificent water front,
which probably could not be had in any other way.
The commissioners unite in recommending the greater New
York charter to the favorable consideration of the legislature.
(Signed)
BENJAMIN F. TRACY, President.
WILLIAM L. STRONG, Mayor.
FREDERICK W. WURSTER, Mayor.
PATRICK J. GLEASON, Mayor.
JOHN F. DILLON.
WILLIAM. C. DE WITT.
THOMAS F. GILROY.
SILAS B. DUTCHER.
SETH LOW.
HARRISON S. MOORE.
STEWART L. WOODFORD.
CAMPBELL W. ADAMS,
State Engineer and Surveyor.
THEODORE E. HANCOCK,
Attorney-General.
GEORGE M. PINNEY, JR., Secretary.
Dated New York, February 18, 1897.”
The bill containing the proposed charter was referred to the
Committee on Cities, who reported the same with amendments.
The legislature passed the bill as reported, and the same was sub-
mitted to the mayors of the cities of New York and Brooklyn,
and to the mayor and common council of Long Island City, pur-
suant to the provisions of the constitution. The bill was
INTRODUCTORY.
cxlix
returned to the legislature, accepted by the mayor of Brooklyn
and the mayor and common council of Long Island City, and
without the acceptance of the mayor of New York. The legis-
lature repassed the bill over the veto of the mayor of New York,
and it became a law, chapter 378, with the approval of the
governor, on May 4, 1897.
THE GREATER NEW YORK CHARTER.*
TO
CHAPTER 378.
AN ACT to unite into one municipality under the corpo-
rate name of The City of New York, the various com-
munities lying in and about New York harbor, including
the city and county of New York, the city of Brooklyn
and the county of Kings, the county of Richmond, and
part of the county of Queens, and to provide for the
government thereof.,
PASSED without the acceptance of the city. Became a law May 4, 1897, with
the approval of the Governor. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
CHAPTER I.
BOUNDARIES, BOROUGHS, POWERS, RIGHTS AND OBLIGATIONS
OF THE CITY.
SEC. 1. The city of New York; corporations consolidated; territory; short title
of this act.
2. Division into boroughs.
3. Name; powers and rights of the corporation; seal.
4. Local government; municipal assembly; liabilities of corporations
consolidated.
5. Laws relating to the creation and payment of debts to remain in force;
common debt; taxation.
6. Effect where only a part of a corporation is annexed.
7. Same subject; creation of debt.
8. Transfer of property; counties not to become indebted.
9. Former funds; payable to the city of New York.
10. Expenses of the city for the year 1898.
11. Expense of public schools for the year 1898.
* See $ 1. Accepted by Brooklyn aná Long Island City but not accepted
by the city of New York.
CORPORATIONS CONSOLIDATED.
[$$ 1, 2
The city of New York; corporations consolidated; territory; short title
of this act.
SECTION 1. All the municipal and public corporations and
parts of municipal and public corporations, including cities, vil-
lages, towns and school districts, but not including counties, within
the following territory, to wit: The county of Kings, the county
of Richmond, the city of Long Island City, the towns of New-
town, Flushing and Jamaica, and that part of the town of Hemp-
stead, in the county of Queens, which is westerly of a straight
line drawn from the southeasterly point of the town of Flushing
through the middle of the channel between Rockaway Beach and
Shelter Island, in the county of Queens, to the Atlantic Ocean,
are hereby annexed to, united and consolidated with the munici-
pal corporation known as the mayor, aldermen and commonalty
of the city of New York, to be hereafter called “The City of
New York; ” and the boundaries, jurisdictions and powers of the
said city of New York herein constituted, are for all purposes of
local administration and government, hereby declared to be
coextensive with the territory above described ; and the said city
of New York is hereby declared to be the successor corporation
in law and in fact of all the municipal and public corporations
united and consolidated as aforesaid with all their lawful rights
and powers and subject to all their lawful obligations without
diminution or enlargement except as herein otherwise specially
provided ; and all of the duties and powers of the several munici-
pal and public corporations united and consolidated as aforesaid
into The City of New York are hereby devolved upon the munici-
pal assembly of the said city of New York so far as the same
are applicable to said city and not herein otherwise specially pro-
vided, to be exercised in accordance with the provisions of this
act. This act may be cited by the short title of “The Greater
New York Charter."
* See L. 1882, ch. 410, § 1; L. 1885, ch. 469; and L. 1895, ch. 934, for bound-
aries of city and county of New York; L. 1788, ch. 63, for Kings and Richmond
counties; L. 1788, ch. 64, for towns of Newtown, Flushing, Jamaica and
Hempstead. Long Island City was formerly a part of the town of New-
town, L. 1871, ch. 461.
Division into boroughs.
§ 2. The City of New York, as constituted by this act, is hereby
divided into five boroughs to be designated respectively: Man-
hattan, The Bronx, Brooklyn, Queens and Richmond; the boun.
daries whereof shall be as follows:
S$ 2, 3] POWERS AND RIGHTS OF THE CORPORATION.
3.
First. The borough of Manhattan shall consist of all that por-
tion of The City of New York, as hereby constituted, known as
Manhattan Island, Nuttin or Governor's Island, Bedloe's Island,
Bucking or Ellis Island, the Oyster Islands, and also Blackwell s
Island, Randall's Island and Ward's Island in the East or Harlem
rivers.
Second. The borough of The Bronx shall consist of all that por-
tion of the city of New York, as hereby constituted, lying northerly
or easterly of the borough of Manhattan, between the Hudson
river and the East river or Long Island sound, including the
several islands belonging to the municipal corporation heretofore
known as the mayor, aldermen and commonalty of the city of
New York, not included in the borough of Manhattan.
Third. The borough of Brooklyn shall consist of that portion
of The City of New York, as hereby constituted; hitherto known
as the city of Brooklyn.
Fourth. The borough of Queens shall consist of that portion
of Queens county included in The City of New York, as hereby
constituted.
Fifth. The borough of Richmond shall consist of the territory
known as Richmond county.
See L. 1882, ch. 410, $ 1;
Name; powers and rights of the corporation; seal.
§ 3. The name of the corporation constituted by this act shall
be “ The City of New York,” and the same shall by that name,
be a body politic and corporate in fact and in law with power to
contract and to be contracted with, to sue and be sued, to have
a common seal and to have perpetual succession, with all of the
rights, properties, interests, claims, demands, grants, powers,
privileges and jurisdictions held by the mayor, aldermen and
commonalty of the city of New York, and held by each of the
municipal and public corporations or parts thereof, other than
counties, by this act united and consolidated with the corpora-
tion known as the mayor, aldermen and commonalty of the city
of New York, except so far as modified or repealed by the pro-
visions of this act.
L. 1882, ch. 410, 8 26.
laj The corporation of the city of rest v. The Mayor, 74 N. Y. 161, 166;
New York is a public corporation, and Davidson v. The Mayor, 2 Robt. 230;
as such its charter is always subject to S. C., 27 How. Pr. 342 ; People ex rel.
amendment or alteration by the legis- Churchyard v. Board of Councilmen
lative power, except as restrained by of Buffalo, 47 N, Y. State Rep. 149.
some constitutional inhibition. Dema-
4
LIABILITIES OF CORPORATIONS CONSOLIDATED. [$$ 4, 5
Local government; municipal assembly; liabilities of corporations
consolidated.
$ 4. For all purposes the local administration and government
of the people and property within the territory hereby comprised
within The City of New York shall be in and be exercised by
the corporation aforesaid; and the municipal assembly, as in this
act constituted, subject to the conditions and provisions of this
act, shall exercise all the powers vested in the corporation of The
City of New York by this act or otherwise, save as in this act is
otherwise specially provided. All valid and lawful charges and
liabilities now existing against any of the municipal or public
corporations, or parts thereof, which by this act are made part of
the corporation of The City of New York, including the county
of Kings and the county of Richmond, or which may hereafter
arise or accrue against such municipal and public corporations or
parts thereof, including the said counties of Kings and Rich-
mond, which but for this act would be valid and lawful charges
or liabilities against the same, shall be deemed and taken to be
like charges against or liabilities of the said The City of New
York, and shall accordingly be defrayed and answered unto by it
to the same extent, and no further, than the said several constitu-
ent corporations would have been bound if this act had not been
passed. All bonds, stocks, contracts and obligations of the said
municipal and public corporations, including the county of Kings
and the county of Richmond, and such proportion of the debt
of the county of Queens and of the town of Hempstead as shall
be ascertained as hereinafter prescribed, which now exist as legal
obligations, shall be deemed like obligations of The City of New
York, and all such obligations as are authorized or required to
be hereafter issued or entered into, shall be issued or entered
into by and in the name of the corporation of The City of New
York.
L. 1882, ch. 410, 8 27.
(a) As to the liability of a city for Lent, 16 Misc. 606 ; s. C., 40 N. Y.
the debts of municipalities incorpor- Supp. 570.
ated and for the proper proceedings () See Supervisors of N.Y. v. Tweed,
to fix such liability, see Bronx Gas & 3 Hun, 382 ; s. C., 6 Sup. Ct. (T. & C.)
Electric Co. v. Mayor, 17 Misc. 433; 223.
S. C., 41 N. Y. Supp. 358; Matter of
Laws relating to the creation and payment of debts to remain in force;
common debt; taxation.
$ 5. All laws, or parts of laws, heretofore passed creating any
debt or debts of the municipal and public corporations united
S$ 5, 6]
CREATION AND PAYMENT OF DEBTS.
and consolidated as aforesaid, or for the payment of such
debts, or respecting the same, as well as every such law re-
specting the debts of the corporation known as the mayor,
aldermen and commonalty of The City of New York, shall re-
main in full force and effect, except that the same shall be car-
ried out by the corporation hereby constituted, to wit: The City
of New York, and under such name and in such form and manner
as may be suitable to the administration of said corporation; and
all the pledges, taxes, assessments, sinking funds, and other rev-
enues and securities provided by law for the payment of the
debts of the municipal and public corporations aforesaid, shall be
in good faith enforced, maintained and carried out by the corpo-
ration of The City of New York. All the valid debts of the
municipal and public corporations mentioned in the first section
of this act, including the county of Kings and the county of
Richmond and the proportion of the debt of the county of .
Queens and of the town of Hempstead aforesaid, and the valid
debts of the towns, incorporated villages, and school districts
herein united and consolidated with the corporation heretofore
known as the mayor, aldermen and commonalty of the city of
New York into The City of New York, as well as the debts of
the latter corporation, shall be the common debt of The City of
New York, as hereby constituted. So far as resort to taxation
is authorized or necessary to pay such debts, such taxation shall
extend equally throughout the territory of the corporation herein
constituted, except that all assessments for benefits, heretofore
laid or provided to be laid for the payment of any portion of
such debts, or to reimburse any of the said municipal and public
corporations which created such debt, in respect thereof, shall be
preserved and enforced, it being the intent hereof that the obli-
gations and liability of The City of New York, as the successor
of municipalities and public corporations consolidated into it,
shall be the same as, and not otherwise or greater than, the
respective obligations and liabilities of the several constituent
corporations, and that The City of New York shall succeed to
all of their rights as well as to their obligations and liabilities in
respect thereof, except as herein otherwise especially provided.
1
Effect where only a part of a corporation is annexed.
$ 6. Where part only of the territory of a municipal or public
corporation is embraced by this act within the limits of The
City of New York, as herein constituted, the respective rights,
TRANSFER OF PROPERTY.
[$$ 6-8
duties and liabilities of the said city and of the municipal or pub-
lic corporations part of whose territory is so annexed to the said
city, shall be as in this act provided. If any case shall arise for
which this act does not make provision, or full and adequate
provision arising out of such annexation, or out of the consolida-
tion herein provided for, the municipal assembly may by
ordinance make provision for such case, or for its equitable deter-
mination, so far as concerns The City of New York.
Same subject; creation of debt.
$ 7. No municipal or public corporation, part of whose territory
is annexed to The City of New York, shall hereafter create any
debt which shall bind property within The City of New York,
nor shall such municipal or public corporation levy any tax or
assessment upon property within The City of New York as
· herein constituted.
1
Transfer of property; counties not to become indebted.
$ 8. In consideration of the foregoing provisions whereby The
City of New York, as hereby constituted, assumes as aforesaid
the valid debts, obligations and liabilities of the municipal and
public corporations including the counties, towns, incorporated
villages and school districts as aforesaid, and to carry out the
scheme and purpose of this act, all of the public buildings, insti-
tutions, public parks, water-works and property of every charac-
ter and description, whether of a public or private nature,
heretofore owned and controlled by any of the said municipal
and public corporations or parts thereof, hereby consolidated
into The City of New York, including any and all such property
owned by the county of New York, the county of Kings, and
the county of Richmond, wherever situated, and by the county
of Queens situated in that portion thereof, which is included
within the limits of The City of New York, as constituted by
this act, and all the right, title and interest of the said municipal
and public corporations and counties aforesaid, or any of them,
in and to such property, are hereby vested in The City of New
York and divested out of the said corporations and counties,
and the power of said municipal and public corporations and of
the said counties of New York, Kings and Richmond to become
indebted, shall cease upon the consummation and taking effect
of the consolidation herein provided for. There is excepted
from the provisions of this section the court house and county
1
SS 8-10]
ALL FUNDS TRANSFERRED.
1
buildings in the county of Queens situated within the limits of
The City of New York, as hereby constituted.
Former funds; payable to the city of New York.
$ 9. All funds and moneys which, on the first day of January,
eighteen hundred and ninety-eight, shall be held by or be payable
to the receiver of taxes or to the county treasurer of the county
of Richmond, or to any officer of any of the municipal and public
corporations, or parts of municipal and public corporations, hereby
consolidated with the corporation heretofore known as the mayor,
aldermen and commonalty of The City of New York, as well as
all funds and moneys then held by or payable to any officer of
said last-named corporation, shall be deemed to be held by and
be payable to the corporation of The City of New York, consti-
tuted by this act, solely as the funds and moneys of said corpora-
tion, and upon the day aforesaid shall be delivered to the officer
of said corporation entitled by this act to hold and control the
same. All taxes levied against the town of Hempstead in the
year eighteen hundred and ninety-seven shall be collectible and
payable according to the provisions of the existing laws.
See L. 1874, ch. 304, § 4; L. 1882, ch. 410, $ 28.
1
Expenses of the city for the year 1898.
§ 10. In the year eighteen hundred and ninety-seven it shall be
the duty of the proper authorities of the various municipal and
public corporations consolidated by this act into The City of New
York, to prepare a budget for the year eighteen hundred and
ninety-eight, as required by existing law, and to levy taxes for
the year eighteen hundred and ninety-eight in the year eighteen
hundred and ninety-seven, as required by existing law, as though
such municipal and public corporations were not to be consoli-
dated into The City of New York; and in so far as such taxes
shall remain uncollected on the first day of January, eighteen
hundred and ninety-eight, they shall become valid liens due to
the corporation by this act constituted, and shall be collected by
it through the appropriate officers of The City of New York, as
hereby constituted, pursuant in all respects to the laws under which
said taxes were levied and were to be collected. On and after
January first, eighteen hundred and ninety-eight, the funds re-
ceived by the chamberlain of The City of New York, under this
act, and the proceeds of revenue bonds issued in anticipation of
the taxes for the year eighteen hundred and ninety-eight in The
City of New York, as constituted prior to the passage of this act,
1
EXPENSE OF PUBLIC SCHOOLS.
[S$ 10, II
and the proceeds of the tax levy therein of the year eighteen
hundred and ninety-eight, may be used for the expenses of The
City of New York, as constituted by this act, in such manner as
the board of estimate and apportionment for that year may deter-
mine; and it shall be the duty of the board of estimate and ap-
portionment to apportion the said funds to the various city
departments as created by this act, so that such funds shall be
used as nearly as may be, for the objects for which they were
raised. The board of estimate and apportionment, during the
year eighteen hundred and ninety-eight, shall have power to direct
the issue of revenue bonds of The City of New York, to be re-
deemed out of the tax to be paid in the year eighteen hundred
and ninety-nine, for such purposes and in such amounts as may
be necessary to provide for the efficient conduct of the city in all
its departments, during the year eighteen hundred and ninety-
eight, provided that the sums so raised in the year eighteen
hundred and ninety-eight shall be subject to be raised by taxa-
tion upon the various boroughs on the basis elsewhere provided
in this act.
Expense of public schools for the year 1898.
§ 11. The board of estimate and apportionment shall, out of
the residue of the various funds raised for the support of the
public schools of the different parts of the city during the year
eighteen hundred and ninety-eight, constitute from and after
July first, eighteen hundred and ninety-eight, the special school
fund and the general school fund for the year eighteen hundred
and ninety-eight, so that the schools of the city may begin in
the autumn of the year eighteen hundred and ninety-eight to be
conducted upon the basis of this division of funds, and in gen-
eral, upon the system hereinafter prescribed in this act. Up to
July first, eighteen hundred and ninety-eight, the school money
shall be spent as raised, for all school purposes, by the various
school boards respectively. It shall be the duty of the board of
education as constituted under this act, to make all appoint-
ments therein provided for, and to adopt the necessary by-laws
at such time and in such manner, that the new system for the
administration of the public schools of the city as provided by
this act, shall go into full effect on July first, eighteen hundred
and ninety-eight.
CHAPTER II.
LEGISLATIVE DEPARTMENT,
SEC. 17. Legislative power; where vested.
18. Council; number of; president; quorum; salaries.
19. Council, how chosen; council districts.
20. Term of office of members of the council.
21. Mayor, an ex-officio member of the council.
22. Time of meeting of council.
23. When president of .council to act as mayor; powers; temporary
chairman of council.
24. Board of aldermen, how constituted; term of office; vacancies, how
filled; salary.
25. Id.; quorum.
26. Id.; how president elected and removed.
27. Council and board of aldermen; sergeant-at-arms; rules; journal;
sittings; expulsion of members.
28. City clerk, appointment, term, duties ; papers certified by him to be
evidence.
29. Id.; proceedings of municipal assembly.
30. Certain ordinances and resolutions, how passed, and approved; ayes
and noes published.
31. Records open for inspection; other duties of clerk; sickness.
32. Id.; records and papers delivered to and kept by the clerk; clerks in
boroughs.
33. Id.; salary and deputies.
34. Licenses to auctioneers.
35. Municipal assembly; journal; ayes and noes.
36. Id.; no member eligible to any city office.
37. Id.; meetings.
38. Id.; style of ordinances.
39. Id.; vote required to pass ordinances and resolutions.
40. Mayor's veto.
41. Ordinances to remain in force.
42. Power to acquire additional water-works.
43. Id.; to restrict height of buildings.
44. Power to appoint special committees.
45. Franchises for street railways; ferries.
46. Municipal assembly; powers and duties of former boards.
47. Id.; police, health, park, fire and building regulations.
48. Id.; further powers; bonds for specified public improvements.
49. Id.; ordinances and regulations for certain purposes.
-50. Id.; foregoing enumeration of powers not restrictive; general power,
51. Id.; licenses to second-hand dealers; penalty for violating ordinance.
52. Id.; designating common jails.
53. Id.; assignment of places for holding courts of general and special
sessions and magistrates' or police courts.
10
LEGISLATIVE POWER; WHERE VESTED. [SS 17-19
SEC. 54. Id.; assignment of places for holding municipal courts.
55. Id.; security to be required from certain officers.
56. Id.; prescribe salaries of officers.
57. Id.; publication of code of ordinances.
58. Id.; commissioners of deeds; appointment, oath, term; clerk therefor.
59. Municipal assembly; trustees of public property.
60. Municipal assembly; violations of law by members of.
Legislative power; where vested.
$ 17. The legislative power of The City of New York shall be
vested in two houses to be known, respectively, as the council
and the board of aldermen to be together styled “The Municipal
Assembly of The City of New York.”
(a) Where the charter of a munici- (b) An ordinance of a municipal
pality declares that the legislative corporation, passed by one board at
power shall be rested in two boards, one session, but not passed by the
it must be considered as having other until the next session, is not
adopted by implication, as far as ap- duly passed and is void. Wetmore v.
plicable, the universally recognized Story, supra, followed in Beekman's
principles of legislative bodies con- Case, 11 Abb. Pr. 164; S. C., 19 How.
stituted of two independent branches. Pr. 127.
Wetmore v. Story, 22 Barb. 414; S. C., (c) A subsequent amendment duly
3 Abb. Pr. 262.
passed does not operate to give validity
Accordingly in municipal assem- to the ordinance. Beekman's Case,
blies of two branches, all business supra. See Matter of Buhler. 32 Barb.
unfinished at the end of a session is 779; . C., 19 How. Pr. 317; and contra,
discontinued, and if taken up at all Bennett's Case, 12 Abb. Pr. 127.
at a session following, it must be taken
up de novo. Id.
Council; number of; president; quorum; salaries.
$ 18. The council shall consist of twenty-nine members, one of
whom shall be its president. The president shall be chosen on a
general ticket by the qualified voters of the city, at the same time
and for the same term as herein prescribed for the mayor. He
shall be known as the president of the council, and shall, except
as herein provided, possess all the rights, privileges and powers,
and perform the duties now conferred or imposed by law upon
the president of the board of aldermen of the mayor, aldermen
and commonalty of the city of New York. A majority of all the
members elected to the council shall constitute a quorum. The
salary of the president of the council shall be five thousand dollars
a year. The salary of the other members of the council shall be
one thousand five hundred dollars a year.
L. 1888, ch. 278.
Council, how chosen; council districts.
$ 19. The remaining twenty-eight members of the council shall
be chosen at the same election in the manner following: The City
$ 19]
COUNCIL, How CHOSEN.
U
of New York, as constituted by this act, is hereby divided into
ten council districts bounded and described as follows, to wit:
First. All that part of the city of New York, as heretofore con-
stituted, comprising the present first, second, fourth, sixth, eighth,
tenth, twelfth, fourteenth and sixteenth assembly districts.
Second. All that part of the city of New York, as heretofore
constituted, comprising the present third, fifth, seventh, ninth,
eleventh, thirteenth, fifteenth, seventeenth, twenty-fifth and
twenty-seventh assembly districts.
Third. All that part of the city of New York, as heretofore
constituted, comprising the present eighteenth, twentieth, twenty-
second, twenty-fourth, twenty-sixth, twenty-eighth, thirtieth,
thirty-second and thirty-third assembly districts.
Fourth. All that part of the city of New York, as heretofore
constituted, comprising the present nineteenth, twenty-first,
twenty-third, twenty-ninth and thirty-first assembly districts, and
that part of the thirty-fourth assembly district lying south of
the Harlem river.
Fifth. All that part of the city of New York, as heretofore con-
stituted, comprising that part of the present thirty-fourth assem-
bly district lying north and east of the Harlem river and the
whole of the thirty-fifth assembly district, together with the dis-
trict known as the annexed district of said city, being all that part
of the city of New York lying north and east of the Harlem river,
Sixth. All that part of the former city of Brooklyn, comprising
the present thirteenth, fourteenth, fifteenth, sixteenth, seven-
teenth, eighteenth, nineteenth, twenty-first, twenty-fifth, twenty-
seventh and twenty-eighth wards of said city.
Seventh. All that part of the former city of Brooklyn, compris-
ing the present seventh, ninth, twentieth, twenty-second, twenty-
third, twenty-fourth, twenty-sixth, twenty-ninth and thirty-second
wards of said city.
Eighth. All that part of the former city of Brooklyn, compris-
ing the present first, second, third, fourth, fifth, sixth, eighth,
tenth, eleventh, twelfth, thirtieth and thirty-first wards of said
city.
Ninth. That part of Queens county included in The City of
New York, as constituted by this act.
Tenth. The county of Richmond.
From each of the first eight of the said council districts there
shall be elected three members of the council. From that part of
the county of Queens included within the city of New York, as
12
[SS 19–23
TERM OF OFFICE OF MEMBERS.
constituted by this act, comprising the ninth of said council dis-
tricts, there shall be elected two members of the council; one of
said members shall be elected from those parts of said county
heretofore known as Long Island City and the town of New-
town; and the other of said members shall be elected from those
parts of said county heretofore known as the towns of Jamaica
and Flushing and that part of the town of Hempstead included
within The City of New York, as hereby constituted. From the
county of Richmond, comprising the tenth of the said council
districts, there shall be elected two members of the council.
(a) For assembly districts, see Ap- municipal officials, or to restrain ille-
pendix.
gal acts of the municipality, unless
(b) An action cannot be maintained the plaintiff is thereby affected in his
by an individual, either as corporator private rights as distinct from that
or taxpayer, to determine the legality of other taxpayers and corporators.
of the election of one claiming to hold Demarest v. Wickham, 63 N. Y. 320;
a municipal office, or to restrain the Burch v. Cavanaugh, 12 Abb. Pr. (N.
exercise of unauthorized powers by S.) 410.
Term of office of members of the council.
§ 20. The term of office of each member of the council shall
commence on the first Monday of January, after his election, and
shall continue for four years thereafter, and until his successor
shall be elected and has qualified. The president and members
of the council shall be elected at the general election in the year
eighteen hundred and ninety-seven, and every four years there-
after.
Mayor, an ex-officio member of the council.
$ 21. Every ex-mayor of The City of New York, as constituted
by this act, shall, so long as he remains a resident of said city, be
entitled to a seat in the council and to participate in its discus-
sions, but he shall not be entitled to a vote.
Time of meeting of council.
§ 22. The first meeting of said council in each year shall be
held on the first Monday of January, at noon.
When president of council to act as mayor; powers; temporary chair-
man of council.
23. Whenever there shall be a vacancy in the office of mayor,
or whenever by reason of sickness or absence from the city the
mayor shall be prevented from attending to the duties of his
office, the president of the council shall act as mayor, and possess
S$ 23, 24] BOARD OF ALDERMEN; HOW CONSTITUTED.
13
all the rights and powers of mayor during such disability or
absence. In case of a vacancy he shall so act until noon of the
first Monday of January succeeding the election at which the
mayor's successor shall be chosen; and at the next general elec-
tion at which municipal officers shall be elected, which shall take
place more than thirty days after the occurrence of a vacancy
in the office of mayor, a successor shall be chosen, who shall hold
for the unexpired term. It shall not be lawful for the president of
the council, when acting as mayor in consequence of the sickness
or absence from the city of the mayor, to exercise any power of
appointment to or removal from office, unless such sickness or
absence of the mayor shall have continued ten days; or to sign,
approve or disapprove any ordinance or resolution, unless such
sickness or absence shall have continued at least nine days. The
council shall elect a vice-chairman to preside over the meetings,
who shall possess the powers and perform the duties of the presi-
dent of the council, when said president is sick, absent or under
suspension, or while the president of the council is acting as
mayor, or when a vacancy occurs in said office, and who shall,
during such time, be a member of every board of which the presi-
dent of said council is a member by virtue of his office.
L. 1882, ch. 410, SS 32, 33. See People ex rel. Wood v. Lacombe, 34 Hun,
409, 412; affi'd, 99 Ñ. Y. 43.
Board of aldermen, how constituted; term of office; vacancies, how
filled; salary.
$ 24. The board of aldermen shall be elected at the general
election in the year eighteen hundred and ninety-seven, and every
two years thereafter, and shall consist of one member elected
from each of the assembly- districts within the territory of The
City of New York, as constituted by this act, or as such assem-
bly districts may hereafter be changed by law; provided, however,
that in the county of Queens, until otherwise provided by law,
one member of said board of aldermen shall be elected from those
parts of said county heretofore known as Long Island City and
the town of Newtown; and one member shall be elected from
those parts of said county heretofore known as the towns of
Jamaica and Flushing and that part of the town of Hempstead
included within The City of New York, as hereby constituted;
and provided, further, that one member of the board of aldermen
shall be elected from those parts of the first and second assembly
districts of Westchester county, included in the borough of The
14
How PRESIDENT ELECTED AND REMOVED. [$$ 24-26
Bronx. The term of office of each alderman shall commence on
the first Monday of January, after his election, and shall continue
for two years thereafter and until his successor shall be elected
and has qualified. Any vacancy which may occur in the council
or the board of aldermen shall be filled by election, by either of
said bodies respectively, by a majority of all the members elected
thereto; and the person so elected to fill any such vacancy shall
serve for the unexpired portion of the term. The salary of mem-
bers of the board of aldermen shall be one thousand dollars a year.
(a) For assembly districts, see Ap- nicipal powers, see Demarest v. Wick-
pendix.
ham and Burch v. Cavanaugh, cited.
(6) As to the right to restrain one under section 19, ante.
illegally elected from exercising mu-
1
Board of aldermen; quorum.
$ 25. A majority of all the members elected to the board of
aldermen shall constitute a quorum. Each head of an adminis-
trative department of the city shall be entitled to a seat in said
board, and shall whenever practicable attend the meetings of the
board, and shall have the right to participate in its discussions,
but shall not have the right to vote. If an administrative depart-
ment is composed of more than one member, the president or pre-
siding officer of such department shall be entitled to such seat.
L. 1882, ch. 410 & 70.
Id.; how president elected and removed.
§ 26. The board of aldermen shall, at its first meeting, which
shall be at noon on the first Monday of January after each alder
manic election, by the affirmative vote of a majority of those
present and constituting a quorum, choose a president from its
own members, by a call of the names of the members of the
board, upon which call each member shall announce his choice,
and when once chosen, such president can be removed before the
expiration of his term as alderman, when his term as president
shall expire, only by a vote taken by a call of ayes and noes, of
four-fifths of all the members elected to the board.
L. 1882, ch. 410, $ 71, subd. 1.
(a) The president of a city council such removal would be an irreparable
is entitled to an injunction to restrain injury to him. Armitage v. Fisher,
the council from removing him, with- 74 Hun, 167; S. C., 56 N. Y. State Rep.
out authority, from his office, since 384; 26 N. Y. Supp. 364.
S$ 27, 28]
15
COUNCIL AND BOARD OF ALDERMEN.
Council and board of aldermen; sergeant-at-arms; rules; journal; sit-
tings; expulsion of members.
§ 27. The council and the board of aldermen may each elect a
sergeant-at-arms and such assistants as are needful to the orderly
conduct of their meetings, provided, however, that no expendi-
tures for salaries of such sergeant-at-arms and such assistants shall
exceed the amount appropriated therefor in the annual budget.
Each of said bodies shall determine the rules of its own proceed-
ings; shall each be the judge of the election returns and qualifica-
tions of its own members, subject, however, to review by certiorari
of any court of competent jurisdiction; shall each keep a journal
of its proceedings; shall each sit with open doors; shall each have
authority to compel the attendance of absent members, and to
punish its members for disorderly behavior; and to expel any
member with the concurrence of two-thirds of all the members
elected to such body. Every member so expelled shall thereby
forfeit all his rights and powers, subject, however, to judicial
review on certiorari.
L. 1882, ch. 410, $ 71, subds. 3–7.
(a) The provision in this section, (c) The city having once made pay-
making the board the judge of the ment of the compensation given by
election of its members, is not exclu- law to one actually in the office dis-
sive, but cumulative only, and does charging the duties of alderman, with
not oust the courts of jurisdiction to color of title, and with his right
determine the right to office of a per- thereto not determined against him
son by an action in the nature of a by a competeni tribunal, is protected
quo warranto.. People ex rel. Hatzel from a second payment to one there-
7. Hall, 80 N. Y. 117, affi'g and rev'g after adjudged to be the officer de jure.
in part 58 How. Pr. 141; McVeany v. McVeany v. The Mayor, 80 N. Y. 185;
The Mayor, 80 N. Y. 185.
rev'g 1 Hun, 35. See Terhune v. The
(6) But when a person claiming to Mayor, 88 N. Y. 247; Dolan V. The
be a member of said board, has insti. Same, 68 Id. 278.
tuted a proceeding before it, wherein (d) The rules adopted by the gov-
it has been adjudged that he is not erning body of a municipality do not
such member, and that another has a have the force of ordinances, and any
right to the office, such an adjudica- action which such body has power to
tion, until reversed, is conclusive and take may be taken, notwithstanding
a har to an action brought by him to the previous adoption of a rule which
test his claim, although it is not a bar would restrain it. Armitage v. Fisher,
as against the people. People ex rel. 74 Hun, 167; 8. C., 56 N. Y. State Rep.
Hatzel y. Hall, 80 N. Y. 117, cited 384; 26 N. Y. Supp. 364; rev'g 4
above.
Misc. 315; 8. C., 24 N. Y. Supp. 650.
City Clerk; appointment, term, duties; papers certified by him to be
evidence.
§ 28. The council shall, at the first meeting, appoint a clerk,
who shall perform such duties as may be prescribed for him. The
clerk so appointed shall also be the city clerk, and hold his office
for six years, and until his successor shall be appointed and have
qualified, unless removed for cause. The city clerk shall have
16
POWERS AND DUTIES OF CITY CLERK. [S$ 28, 29
1
charge of all the papers and documents of the city, except such
as are by law committed to the keeping of the several depart.
ments or of other officers, and shall keep the record of the pro-
ceedings of the municipal assembly. He shall engross all the
ordinances of the municipal assembly in a book to be provided
for that purpose, with proper indices, which book shall be deemed
a public record of such ordinances, and each ordinance shall be
attested by said clerk. . Copies of all papers duly filed in his office,
and transcripts thereof, and of the records of proceedings of the
municipal assembly, and copies of the laws and ordinances of said
city, certified by him under the corporate seal, shall be evidence
in all courts and places of the matters therein contained. Said
clerk shall appoint a clerk for the board of aldermen, who, apart
from his service during the meetings of said board of aldermen,
shall be in all things subject to his direction and control. Said
city clerk may be removed on charges by a two-thirds vote of all
the members of the council, subject, however, to judicial review
on certiorari.
L. 1888, ch. 583, tit. 2, § 6.
(a) The minutes of a common council City of Yonkers, 78 Hun, 196; s. C., 60
are not conclusive evidence of its pro- N. Y. State Rep. 208; 28 N. Y. Supp.
ceedings in the absence of a provision 947. See Costello v. The Mayor, 63
to that effect in the charter. Bell v. N. Y. 48.
City clerk; proceedings of municipal assembly.
§ 29. Immediately after the adjournment of each meeting of
the municipal assembly, it shall be the duty of the city clerk to
prepare a brief extract, omitting all technical and formal details,
of all resolutions and ordinances introduced or passed, and of all
recommendations of committees, and of all final proceedings, as
well as full copies of all messages from the mayor and all reports
of departments or officers. He shall at once transmit the same
to the person appointed to supervise the publication of the City
Record to be published therein.
L. 1882, ch. 410, 8 80.
PUBLICATION. (a) The provision the meaning of the section. Abraham
requiring abstract of resolutions or v. Meyers, 29 Abb. N. C. 384; S. C., 23
ordinances to be published is manda N. Y. Supp. 225, 228.
tory and not directory. Matter of (c) See, as to publication of resolu-
Douglass, 46 N. Y. 42; rev'g 58 Barb. tions, ordinances, etc., Matter of Con-
174; S C., 2 Abb. Pr. (N. S.) 161. way, 62 N. Y. 504, modifying 4 Hun,
(6) The provision requiring publica- 43; Moore v. The Mayor, 73 Ñ. Y. 238;
tion of abstract before passage of reso- rev'g 4 Hun, 545; Matter of Burmeis-
lution or ordinance does not apply to ter, 76 N. Y. 174; rer'g 9 Hun, 613;
an ordinance giving consent to the Matter of Corwin, .14 Hun, 34; Matter
sale of a street railroad franchise. of Levy, 4 Hun, 501, affi'd without
Such a consent is not an alienation or opinion, 63 N. Y. 637.
appropriation of city property within
$$ 30, 31]
RESTRAINTS ON LEGISLATION.
Certain ordinances and resolutions, how passed and approved; ayes and
noes published.
$ 30. No ordinance or resolution providing for or contemplating
the alienation or disposition of any property of the city, the grant-
ing of a franchise, terminating the lease of any property or fran-
chise belonging to the city, or the making of any specific improve-
ment, or the appropriation or expenditure of public moneys, or
authorizing the incurring of any expense, or the taxing or assess-
ing of property in the city, shall pass the council or board of
aldermen at the same session at which it is first offered, unless by
unanimous consent; and the same shall not be finally passed or
adopted by the municipal assembly until at least five days after
such abstract of its provisions shall have been published, as pro-
vided in section twenty-nine. No such ordinance or resolution
shall be approved by the mayor until three days after such
abstract shall have been so published after its passage; but if an
abstract of any resolution or ordinance shall have been once pub-
lished after its introduction, it shall not thereafter be necessary to
publish the same again, but only to refer to the date and page of
the former in the City Record, and to state the amendments, if
any, made thereto. In all cases the ayes and noes upon the final
passage of such resolution or ordinance shall be taken, recorded
and published.
L. 1882. ch. 410, § 80. See notes under $ 29, ante, and $ 39, post.
Records open for inspection; other duties of clerk; sickness.
$ 31. It shall be the duty of the city clerk to keep open for
inspection at all reasonable times, the records and minutes of the
proceedings of the municipal assembly. He shall keep the seal of
the city, and his signature shall be necessary to all leases by the
city of its property, and to all grants and other documents, as
under existing laws. In the absence of said clerk by sickness or
otherwise, his first deputy shall be vested with and possessed of
all the rights and powers, and be charged with all the duties by
this section or by law or ordinance imposed upon said clerk.
L. 1882, ch. 410, 8 78.
LEASES. (a) The effect of the fail- stead of by the city clerk, and with-
ure of the city clerk to sign a lease out any seal affixed, is not void, and
considered in reference to its validity. even if deemed informal, unless ob-
Mayor v. Fulton Market Fishmongers' jected to within reasonable time after
Assn., 3 How. Pr. (N. S.) 491.
execution, the parties thereto are es-
(b) A lease signed by the comptrol- topped from complaint on ground of
ler in accordance with resolution of informality. The Mayor v. Kent, 57
commissioners of sinking fund, in N. Y. Super. Ct. (J. & 8.) 109.
18
[SS 32-34
RECORDS AND PAPERS.
(C) The provision requiring the sig- Schanck v. Green, 64 N. Y. 499; revig
nature of the clerk to all leases refers 6 Hun, 11.
to leases from the city, and does not (d) As to right of inspection of docu-
include those to it. People ex rel. ments, see People ex rel. Henry, v.
Cornell, 35 How. Pr. 31.
Id.; records and papers delivered to and kept by the clerk; clerks in
boroughs.
32. All the muniments, records, patents, deeds, minutes,
writings and papers belonging to the mayor, aldermen and com-
monalty of the city of New York, now in the custody of the clerk
of the board of aldermen thereof, shall be delivered to and be kept
by the city clerk. The city clerk shall be the custodian of all like
muniments, records, patents, deeds, minutes, writings, and other
papers belonging to any of the municipal and public corporations
by this act united and consolidated into The City of New York,
and shall have power to appoint a clerk in each of the boroughs
constituted by this act, who shall have charge of the same; sub-
ject to the direction and control of said city clerk, and of the
municipal assembly.
L. 1882, ch. 410, 8 77.
Id.; salary and deputies.
§ 33. The salary of the city clerk shall be seven thousand dol-
lars a year, and he may appoint such deputies or clerks as are
necessary to the discharge of his duties, provided that the aggre-
gate salaries of such deputies and clerks, including the salary of
the city clerk, shall not exceed in any one year the sum appropri-
ated therefor in the annual budget.
(a) An allowance, by ordinance, to cannot be enforced by such clerk,
the city clerk of a sum additional either in law or equity. Oakley v.
to the salary of his office does not bind The Mayor, 6 Sup. Ct. (T. & C.) 221,
the municipality, and its payment mem. of s. C., 4 Hun, 72.
Licenses to auctioneers.
$ 34. The city clerk shall have authority to grant licenses to
any person engaged in and carrying on the business and occupa-
tion of auctioneer, or desiring to be so engaged, on such person
filing a bond, approved by him, with two good sureties in the
penal sum of two thousand dollars. The president of the council,
on complaint of any person having been defrauded by any
auctioneer, or by the clerk, agent or assignee of such auctioneer,
doing business in said city, is authorized and directed to take tes-
timony under oath relating thereto; and if the charge shall, in
SS 34-37]
MUNICIPAL ASSEMBLY.
his opinion, be sustained, he shall revoke the license granted to
him and direct the bonds to be forfeited.
L. 1882, ch. 410, $ 113.
(a) This section confers upon the (6) The sureties upon a bond given
municipal officer therein named the under this section, are not liable for
power to refuse a license to any per- breach of contract with or of duty
son whose character and qualifications toward persons consigning goods for
are not satisfactory to him, or where, sale, on the part of the auctioneer,
in his judgment, the public interest and an action can only be maintained
requires it. This discretion is not sub upon the bond by those who have
ject to review, and its exercise will been defrauded by false or fraudulent
not be controlled by mandamus Peo- representations in the sale of goods by
ple ex rel. Schwab v. Grant, 126 N. such auctioneer. Viadero v. Stacom,
Y. 473; S. C., 38 State Rep. 499; affi'g 14 Daly, 345; S. C., 12 N. Y. State Rep.
35 Id. 596; S. C., 12 N. Y. Supp. 889. 115.
Municipal assembly; journal; ayes and noes.
$ 35. Each house shall, keep a journal of its proceedings, and
the ayes and noes of the members on any question shall, at the
desire of any two members, be taken and entered therein. The
ayes and noes shall be called and recorded on the final passage of
any ordinance.
L. 1882, ch. 410, $ 71, subd. 5.
Id.; no member eligible to any city office.
& 36. No member of the municipal assembly shall, during the
term for which he is elected, be eligible or be appointed to any
other office under the city, nor shall any member of said assem-
bly, while such, be a contractor with or an employe of the city,
or of either branch of the said assembly in any capacity whatever.
Id.; meetings.
§ 37. The stated and occasional meetings of the municipal
assembly and its proceedings and business shall be regulated by
its own resolutions and rules, provided, however, that at least
one stated meeting shall be held each month, except in the dis-
cretion of the municipal assembly, in August and September.
The mayor may at any time call a special meeting of the munici-
pal assembly. He shall call such meeting when a requisition for
that purpose, signed by nine members of the board of aldermen
and three members of the council, has been presented to him.
Three days before any special meeting of the municipal assembly
is held, notice of the time of the intended meeting and of the
business proposed to be transacted, signed by the mayor, shall be
published in the City Record, and at the same time the city clerk
shall cause a copy of such notice to be left at or sent by post to the
TE 1
NANCES AN
UTIONS
20 VOTE TO PASS ORDINANCES AND RESOLUTIONS. [SS 37, 39
usual place of abode or of business of each member of the mu-
nicipal assembly; but want of service of a notice upon any mem-
ber shall not affect the validity of a meeting. No business shall
be transacted at a special meeting other than that specified in
the notice relating thereto.
L. 1882, ch. 410, 8 73. See Burch v. Cavanaugh, 12 Abb. Pr. (N. S.) 410.
Id.; style of ordinances.
$ 38. The style of ordinances shall be: “Be it ordained by the
municipal assembly of The City of New York, as follows:”
Id.; vote required to pass ordinances and resolutions.
§ 39. Every legislative act of the municipal assembly shall be
by ordinance or resolution. No ordinance or resolution shall be
passed except by a vote of a majority of all the members elected
to each house. In case any ordinance or resolution involves the
expenditure of money, the creation of a debt, the laying of an
assessment, or the grant of a franchise, the votes of three-fourths
of all the members elected to each house shall be necessary to its
passage. No money shall be expended for any celebration, pro-
cession, funeral ceremony, reception, or entertainment of any
kind or on any occasion, unless by the votes of four-fifths of all
the members elected to each house. No additional allowance
beyond the legal claim which shall exist under any contract with
the corporation, or with any department or officer thereof, or for
any services on its account or in its employment, shall ever be
passed by the municipal assembly, except by the unanimous vote
of both houses thereof; and in all cases the provisions of any
such contract shall determine the amount of any claim there-
under or in connection therewith, against the said corporation, or
the value of any such services.
| L. 1882, ch. 410, 8 74.
POWERS. (a) General powers con- 7 Hun, 351; Thompson v. Schermer.
ferred upon a city exist in the common horn, 6 N. Y. 92; Anderson v. Equi-
council, unless otherwise delegated, table Gas Light Co., 12 Daly, 262;
and persons dealing with corporation S. C., 12 Am. Weekly L. Bul. 137.
in respect to matter within scope of (c) The municipal assembly has no
the city's general powers need not go power to settle and adjust claims and
behind doings of common council ap- demands against the city. McGinness
parently regular, to inquire after pre v. The Mayor, 26 Hun, 142.
liminary or extrinsic irregularities. (d) Where a resolution involving
Moore v. The Mayor, 73 N. Y. 238. the expenditure of money for a pub-
(6) Public powers or trusts devolved lic work has been passed by the pre-
by law or charter upon the governing scribed vote, a subsequent resolution,
body of a municipal corporation, to designating the party to perform the
be exercised by it when and in such work, does not require the same pre-
manner as it shall judge best, cannot scribed vote. Argus Co. 5. The
be delegated by such body to others. Mayor, 55 N. Y. 495 ; affi'g y Lans.
Birdsall v. Clark, 73 N. Y. 73; rev'g 264.
$ 40]
21
.
THE MAYOR'S VETO.
Mayor's veto.
. $ 40. Every ordinance or resolution shall, before it takes effect,
be presented, duly certified, to the mayor for his approval. The
mayor shall return such ordinance or resolution to the house in
which it originated, within ten days after receiving it, or at the
next meeting of the house after the expiration of said ten days,
unless such ordinance or resolution be one of those mentioned in
section thirty of this act, in which case the mayor shall return
said ordinance or resolution to the house in which it originated
within ten days after the abstract of its provisions or å reference
thereto shall have been published in the City Record as provided
in said section thirty, or at the next meeting of the house after
the expiration of said ten days. If he approve it, he shall sign it.
If he disapprove it, he shall specify his objection thereto in writing.
If he do not return it with such disapproval within the time above
specified, it shall take effect as if he had approved it. In case of
disapproval, the objections of the mayor shall be entered at large
on the journal of the house, and the house shall, after ten days,
and within fifteen days after such ordinance or resolution shall
have been returned to it, proceed to reconsider and vote upon the
same. If the same shall, on reconsideration, be again passed by
the votes of at least two-thirds of all the members elected to each
house, it shall take effect; provided that in case the ordinance or
resolution involves the expenditure of money, the creation of a
debt, the laying of an assessment, or the grant of a franchise it
shall require a vote of five-sixths of all the members of each
house to pass it over the mayor's veto. If the ordinance or reso-
lution shall fail to receive upon the first vote upon such recon-
sideration such number of affirmative votes in either house, it
shall be deemed finally lost. In all cases the vote shall be taken
by ayes and noes, and the names of the persons voting for or
against its passage on such reconsideration shall be entered in the
journal of the house. In case an ordinance or resolution shall
embrace more than one distinct subject, the mayor may approve
the provisions relating to one or more subjects, and disapprove
the others. In such case those he shall approve shall become
effective, and those which he shall not approve shall be recon-
sidered by the house, and shall only become effective if again
passed, as above provided.
| L. 1882, ch. 410, 8 75.
(a) The mayor's duty to examine the legislative body of a municipality
and pass upon resolutions adopted by to deterinine whether or not they shall
POWER TO ACQUIRE WATER-WORKS. [$$ 41-43
be approved, cannot be delegated to a repeal of it. Ashton v. City of
a clerk or a subordinate in his office, Rochester, 60 Hun, 372; s. C., 38 N.
but subsequent approval by the mayor Y. State Rep. 974; 14 N. Y. Supp. 855.
personally will render them valid. (c) An ordinance has been duly pre-
Lyth v. City of Buffalo, 48 Hun, 175; sented when it has been delivered at
followed in Knell v. City of Buffalo, the office of the mayor and left with
54 Hun, 85; S. C., 26 N. Y. State Rep. his clerk. Knell v. City of Buffalo,
607; 7 N. Y. Supp. 233.
54 Hun, 80; S. C., 26 N. Y. State Rep.
(6) Where an ordinance has been 607; 7 N. Y. Supp. 233..
passed over the veto of the mayor, the (d) An omission to call the ayes and
legislative body of a municipality has noes in a case in which it is required
no further power to reconsider it, and by the charter of a city does not in-
the adoption of a resolution to recon- validate an ordinance, where there
sider such an ordinance followed by was no division of opinion. Elmen-
no further action does not operate as dorf v. Ewen, 2 N. Y. Leg. Obs. 85.
Ordinances to remain in force. .
§ 41. The ordinances now in force respectively in the city of
New York, the city of Brooklyn, Long Island City, and the other
municipal and public corporations and parts thereof hereby con-
solidated with the city of New York, are, so far as the same are
not inconsistent with this act, hereby continued in full force and
effect within the former limits of said respective cities and muni-
cipal and public corporations, or parts thereof, subject to modifi-
cation, amendment or repeal by the municipal assembly of The
City of New York. Such ordinances may be enforced by and in
the name of “The City of New York.”'
Power to acquire additional water-works.
§ 42. The municipal assembly is authorized, in accordance with
the provisions of this act, to construct, establish and maintain, or
to acquire by purchase or condemnation and maintain in all parts
of the city, additional water-works to supply the city or any part
thereof and its inhabitants with water, and to provide for the dis-
tribution and sale to the inhabitants of the city of such water, and
fix the terms thereof, and acquire and hold property, real and per-
sonal, within and beyond the limits of the city for said purposes.
The municipal assembly may pass appropriate ordinances, not
inconsistent with law, with this act or with any vested rights of
existing companies or corporations, to enforce the provisions of
this section and to carry out its purposes.
1
Id.; to restrict height of buildings.
$ 43. The municipal assembly. is authorized by ordinance to
regulate and restrict the height of buildings to be hereafter
erected in the city. When any ordinance on that subject is intro-
duced, the municipal assembly shall provide for public hearings in
reference thereto, before it or before appropriate committees;
SS 43–45] FRANCHISES FOR RAILWAYS AND FERRIES.
23
and no ordinance restricting the height of buildings shall be
passed unless it is approved beforehand by the board of public
improvements by a resolution or vote of a majority of all of the
members of such board entered on its minutes or record, and
unless it shall be passed by a majority of all the members elected
to each house of the municipal assembly, the vote being taken by
ayes and noes.
(a) The legislature, in the exercise lating the height of buildings. People
of its police power, under the Consti- ex rel. Kemp v. D'Oench, 111 N. Y.
tution, has power to pass an act regu- 359.
Power to appoint special committees.
§ 44. The municipal assembly shall have power and it shall be
its duty to see to the faithful execution of the laws and ordinances,
of the city; and the municipal assembly may, by joint resolution,
appoint from time to time a special committee to inquire whether
the laws and ordinances of the city relating to any subject or to
any department of the city government are being faithfully
observed, and the duties of the officers of such department or of
any officer of the city are being faithfully discharged, also to
examine and report whether there are any unnecessary, inefficient
or unfit employes, any excessive salaries or compensations paid,
and generally in respect of any and all matters which will con-
duce to the orderly and economical administration of the affairs
of the city government or any department thereof. Such com-
mittee shall have access to the books and records of the city or of
any department or officer thereof.
In
V
(a) The refusal of a person to at- ferred upon a committee, will not be
tend or testify before a committee of punished as a contempt. Matter of
a municipality is punishable as a con- Cole, 16 Misc. 135; Briggs v. MacKel-
tempt. L. 1860, ch. 39.
lar, 2 Abb. Pr. 30.
(6) But the refusal of a witness to (c) As to false swearing before a
testify upon a subject not included committee, see L. 1860, ch. 39.
within scope of the authority con-
Franchises for street railways; ferries.
$ 45. The municipal assembly is authorized to grant from time
to time to any corporation thereunto duly authorized, the fran-
chise or right to construct and operate railways in, upon, over,
under and along streets, avenues, parkways or highways of the
city, but no such grant shall be made except upon the limitations
and conditions of this act elsewhere provided in respect of the
grant by the municipal assembly of franchises and rights in the
streets, avenues, parkways and highways of the city. And fur-
RAILWAYS AND FERRIES.
[$ 45
ther, to the end that cheap, easy and convenient intercourse may
be had between all parts of the city, The City of New York, as
hereby constituted, shall have full and exclusive power to estab-
lish, and full power to enjoy by leasing the same or otherwise,
and to maintain and regulate ferries over all streams and water-
ways within or adjoining the limits of the said city. The munici-
pal assembly may pass appropriate ordinances not inconsistent
with law or with this act, or with the vested rights of existing
companies or corporations, to enforce the provisions of this sec-
tion and to carry out its purposes. Nothing in this act contained
shall repeal or affect in any manner the provisions of the rapid
transit acts applicable to the corporation heretofore known as the
mayor, aldermen and commonalty of the city of New York, or
any municipality herein united therewith or territory embraced
therein, or to repeal or affect the existing general laws of the state
in respect to street surface railroads.
(a) Under N. Y. Cons. art. 3, sec. 18, see Railroad Law, art. 4, sec. 93 (R. S.
a street franchise cannot be granted of N. Y. [9th ed.), vol. 2, p. 1300); Peo-
without the consent of the municipal ple v. O'Brien, 111 N. Y. 1.
authorities, who may give or refuse to (e) Franchises for extensions under
give such consent as they deem proper, Railroad Law, must be separately
People v. O'Brien, 111 N. Y. 30 ; Peo- sold. Beekman v. Third Ave, R. R.
ple ex rel. West Side St. Ry. Co. v. Co., supra.
Barnard, 110 N. Y. 548.
(f) Consent of owners of one-half in
.(6) But the provisions of art. 3, sec. value of the property bounding a
18 of the Cons. do not preclude the street upon which it is proposed to
legislature from imposing further con- construct a street railway to be ob-
ditions, upon which street railways tained. Proceedings in case property-
may be constructed, not inconsistent owners do not consent. N. Y. Cons.
therewith. Matter of 34th St. R. R. art. 3, sec. 18; Railroad Law, art. 4,
Co., 102 N. Y. 343.
secs. 93, 94 (R. S. of N. Y. [9th ed.],
(c) A city has no power to grant a vol. 2, p. 1300). For the construction of
franchise for constructing and operat- the foregoing constitutional and statu-
ing a street railway in the public tory provisions, see Matter of 34th St.
streets. That power is vested in the R. R. Co., 102 N. Y. 343; Matter of
legislature alone; and although under Metropolitan Transit Co., 111 Id. 588;
the Constitution the consent of the Matter of 3rd Ave. R. R. Co., 121 Id.
city is necessary before such a fran- 536; Matter of Kings Co. El. R. R.
chise can become operative, the legis- Co., 36 Hun, 272; Matter of People's
lature still has the power to direct the Railroad Co., 112 N. Y. 584; N. Y. Ca-
manner in which such consent shall ble Co. v. The Mayor, 104 Id. 3 ; Mat-
be given, and to prescribe the requis- ter of B'way Surface R. R. Co., 34
ites of the consent. Not only must Hun, 414.
the municipal authorities give their (g) The consent of the municipal au-
consent under the conditions pre- thorities may be procured either be-
scribed by the legislature, but they fore or after that of the property-
have no power to impose any other or owners. Matter of Broadway Surface
further condition than those pre- R. R. Co., 34 Hun, 414.
scribed by the legislature. Beekman (n) No surface road to be con-
V. Third Ave. R. R, Co., 13 App. Div. structed upon streets in which another
279, following Thirty-fourth Street street railway has been constructed,
R. R. Co. 102 Ñ. Y. 343.
without the consent of the latter. See
(d) Franchises to use a public street Railroad Law, art. 4, sec. 102 (R. S. of
for a surface railway to be sold at N. Y. [9th ed.] vol. 2, p. 1309); Matter
public auction to the highest bidder, of 34th St. R. R. Co., 102 N. Y. 343.
conditions of sale, bonds, notice, etc., (2) Under its general power over
88 46, 47)
25
POLICE AND OTHER REGULATIONS.
the streets, the city has no authority R. R. Co., 38 Id. 201; People v. Third
to grant to an association of persons Ave. R. R. Co., 45 Barb. 63; People v.
the right to construct and maintain in N. Y. & Harlem R. R. Co., 45 Id. 73.
streets a railway for private gain, and (j) The legislature has no power to
a resolution or ordinance granting authorize the construction of a street
such right is void. Davis v. The railway for private purposes. Fan-
Mayor, 14 N. Y. 506; Milhau v. Sharp, ning v. Osborne, 102 Ñ. Y. 441.
27 Id. 611; Coleman v. Second Ave.
Municipal assembly; powers and duties of former boards.
§ 46. Except as otherwise provided in this act, all the powers
and duties conferred or charged upon the common council or the
mayor, aldermen and commonalty of the city of New York, or
the board of aldermen thereof, or upon the common council of the
city of Brooklyn or of Long Island City, or upon any board, body
or officer of any of the municipal and public corporations or parts
thereof, hereby consolidated with the city of New York, as here-
tofore known and bounded, shall be exercised and performed by
the municipal assembly of The City of New York, as hereby con-
stituted, subject, nevertheless, to the power of approval or disap-
proval by the mayor of said city as provided in this act. .
L. 1882, ch. 410, SS 70-102; L. 1888, ch. 583, tit. 2, $$ 1–29.
Id.; police, health, park, fire and building regulations.
§ 47. The municipal assembly shall have power to make, estab-
lish, alter, modify, amend and repeal all ordinances, rules, police,
health, park, fire and building regulations, not contrary to the
laws of the state, or the United States, as they may deem neces-
sary to carry into effect the powers conferred upon The City of
New York by this act, or by any other law of the state, or by
grant; and such as it may deem necessary and proper for the
good government, order and protection of persons and property,
and for the preservation of the public health, peace and prosperity
of said city, and its inhabitants, except so far as the legislative
power respecting the health, police, park, fire and building depart-
ments shall be conferred upon said departments respectively by
the provisions of this act, and except that any modification of the
existing rules, regulations and ordinances affecting any of the
departments and all ordinances to be passed to govern the board
of public improvements or any of the departments thereof, must
originate with the department concerned, or with said board, and
must be adopted or rejected by the municipal assembly without
amendment.
26
BONDS FOR PUBLIC IMPROVEMENTS. [S$ 48, 49
Id.; further powers; bonds for specified public improvements.
§ 48. The municipal assembly shall have power to provide by
ordinance for the acquisition, construction, or establishment of
markets; for the acquisition and construction of parks, parkways,
boulevards and driveways; for the building of bridges, and the
establishment of ferries over, and of tunnels under any stream or
waterway within or adjoining the limits of the city; for the build-
ing of docks, wharves, or piers, and for acquiring land by pur-
chase or condemnation for said purposes; for acquiring, or
constructing public buildings, including schoolhouses and sites
therefor for the use of the city; for the repaving of streets; and
for any of the foregoing purposes, may create loans and authorize
the issue of bonds, or other evidence of indebtedness, to pay for
the same, payable at such times, and in such manner, and at
such rates of interest as it may by, ordinance prescribe; but no
bonds or other evidences of indebtedness shall be issued under
the authority of this section, unless the proposition for creating
such debt, shall first be approved by a resolution or vote of a
majority of all of the members of the board of estimate and
apportionment, entered on the minutes or record of such board;
and provided further, that in the case of the issue of bonds or
other evidences of indebtedness for the repaving of streets,
the vote of the board of estimate and apportionment must be
unanimous.
1
Id.; ordinances and regulations for certain purposes.
§ 49. Subject to the provisions of this act, the municipal
assembly shall have power within said city to make, establish,
publish and modify, amend or repeal ordinances, rules, regulations
and by-laws not inconsistent with this act, or with the constitu-
tion or the laws of the United States, or of this state, for the fol-
lowing purposes:
I. In relation to the inspection and sealing of weights and
measures, and the keeping in use of proper weights and measures
by vendors; and may by ordinance regulate the duties and fees
or salary of the inspectors of weights and measures and of the
sealers of weights and measures, and may impose such penalties
for using weights and measures and scale-beams which shall not
have been inspected and sealed in conformity to the ordinances,
and to provide for the appointment of such inspectors and sealers
by the mayor as to them shall seem proper. They may assign a
particular district of the said city for each of said inspectors and
$ 49]
27
ORDINANCES AND REGULATIOŃS.
T
likewise for each of the sealers, of weights and measures, and may
confine them in the performance of their duties to such districts
respectively.
2. In relation to the inspection, weighing and measuring of
firewood, coal, hay and straw and the cartage of the same.
3. To regulate the use of streets, highways, roads, public places
and sidewalks by foot passengers, animals, vehicles, cars, motors
and locomotives, and to prevent encroachments upon and obstruc-
tions to the same, and to authorize and require their removal by
the proper department; but they shall have no power to authorize
the placing or continuing of any encroachment or obstruction
upon any street or sidewalk, except the temporary occupation
thereof, during the erection or repairing of a building on a lot oppo-
site the same, nor shall they permit the erection of booths and
stands within stoop lines, except for the sale of newspapers, peri.
odicals, fruits and soda water, and with the consent in such cases
of the owner of the premises.
4. To regulate by general ordinance, the opening of street sur-
faces for purposes authorized by law, subject to such restrictions
as have already been prescribed by statute.
5. To regulate the numbering of the houses and lots in the
streets and avenues and the naming of the streets, avenues and
public places; but it shall not be lawful to number or renumber
any houses or to change the name of any street, avenue or public
place, save between the first day of December of any year and
the first day of May next ensuing.
6. To regulate and prevent the throwing or depositing of ashes,
offal, dirt or garbage in the streets, and, subject to the other pro-
vísions of this act, to regulate the cleaning of the streets, avenues,
sidewalks and gutters and removing of ice and snow from them.
7. To regulate the use of the streets and sidewalks, for signs,
sign-posts, awnings, awning-posts, horse troughs, urinals, tele-
graph posts and other purposes.
8. To provide for and regulate street pavements, cross-walks,
curbstones, gutter-stones, sidewalks, and to provide for regulat-
ing, grading, flagging, curbing, guttering, and subject to the pro-
visions of this act, lighting streets, roads, places and avenues.
9. To regulate public cries, advertising noises, steam whistles
and ringing bells in the streets.
10. In relation to street vagrants, beggars and mendicants.
II. In relation to the use of guns, pistols, fire-arms, fire-
crackers, fire-works and detonating works of all descriptions
within the city.
ORDINANCES AND REGULATIONS.
[8 49
12. In relation to intoxication, fighting and quarreling in the
streets.
13. In relation to places of public amusement.
14. In relation to exhibiting banners, placards, or flags in or
across the streets, or from houses or other buildings.
15. In relation to the erection, maintenance and repair of
public fountains for the use of man and animals, at convenient
points along the streets and avenues and public places.
16. In relation to the exhibition of advertisements or hand-
bills along the streets, avenues or public places.
17. In relation to the construction, repair and use of vaults,
cisterns, areas, hydrants, sewers and pumps.
18. In relation to partition fences and walls.
19. In relation to the construction, repair, care and use of
markets.
20. In relation to the licensing and business of public cartmen,
truckmen, hackmen, cabmen, expressmen, cardrivers and boat-
men, pawn-brokers, junk dealers, keepers of intelligence offices,
dealers in second-hand articles, hawkers, peddlers, vendors and
the keeping of dogs, menageries, circuses, common shows and
scalpers in coal freights, bone boiling, fat rendering and other
noxious businesses, and to fixing the license, if any, therefor. All
licenses created therefor shall be according to an established form,
and shall be regularly numbered and duly registered, as shall be
prescribed by the municipal assembly; provided, however, that
all laws heretofore passed in respect to the avocations above
named within the city, shall remain in full force and effect, to the
exclusion of any power granted by this provision so far as their
terms shall require.
21. The municipal assembly shall also fix the annual license
fee, not exceeding the sum of twenty dollars, for each street or
horse car daily operated or used in that portion of the city here-
tofore known as the city of Brooklyn. Every railroad company
operating or using such cars, shall, on or before the first day of
June in each year, certify to the city clerk the average number of
cars daily operated and used by said company, which certificate
shall be verified by the oath of one of the managing officers of
said company, and every such railroad company shall, on or
before the first day of July in each year, pay to the chamberlain
of the city of New York, the license fees so established for the
average number of cars so operated and used by said company.
The said license fees shall be taken in full satisfaction for the use
$ 49] ORDINANCES AND REGULATIONS:
29
of the streets or avenues, but the same shall not release said com-
pany from any obligations required by law to keep such streets
and avenues or any part thereof, in repair, which said: obligations
and the contracts, laws or ordinances, creating and enforcing the
same, are hereby continued in full force and operation. But
nothing in this subdivision contained shall be construed to release
any railroad company in The City of New York, as constituted
by this act, from any duty or obligation existing at the time this
act takes effect by virtue of any law, ordinance or contract.
22. To the more effectual suppression of vice or immorality,
and the preserving of peace and good order in said city.
23. For the licensing and otherwise regulating the use of dirt
carts.
24. For the preservation and protection of all or any of the
works connected with the supplying of The City of New York
with pure and wholesome water.
25. To regulate the fees for searches and certificates, to be
charged by the collector of assessments and arrears.
26. To make such regulations in reference to the running of
stages, omnibuses, trucks and cars as may be necessary for the
convenient use and the accommodation of the streets, piers,
wharves and stations, and whenever in shipping or receiving
goods, wares or other merchandise at any of the shipping lines,
by steamboat, canal boat, sailing vessels, railroad, or from or to
any warehouse during the specified hours for receipt or delivery
of freight, a truckman is unreasonably detained over thirty min-
utes by reason of said steamboat, canal boat, sailing vessel, rail.
road company or warehouse not employing sufficient help for
prompt receipt or delivery of freight, or by reason of the failure
to use all of the facilities at their disposal for the prompt receipt
and delivery of freight, to regulate the amount said truckman
shall be entitled to be paid, which amount shall not be less than
the sum of one dollar per hour for every hour which he is so
unreasonably detained, which amount shall be paid to said truck-
man by the company, corporation or person causing such delay.
27. To regulate the rates of fare to be taken by owners or
drivers of hackney coaches or carriages; such owners shall pay an
annual license fee to be determined by the municipal assembly.
28. The municipal assembly may authorize the establishment,
operation or extension of any right for the running of omnibuses
or stages, and may terminate or alter such authority conformably
to the statutes applicable thereto.
Il
30
ORDINANCES AND REGULATIONS.
[$ 49
29. To regulate swimming and bathing in the waters of, or
bounding the city, and to establish and maintain in the city such
public baths and public comfort stations as they may deem neces-
sary, and to establish suitable rules and regulations for the man-
agement of the same.
30. To prohibit and suppress all gaming-houses and places for
gaming in the said city.
31. To enlarge or extend from time to time the limits of the
fire districts of the city, and to establish additional fire districts,
and from time to time to extend the same.
L. 1882, ch. 410, 8 86.
SUBD. 2. (a) An ordinance requiring N. Y. Super. Ct. (J. & S.) 463; People
coal to be weighed by city weighers, ex rel. Mullen v. Newton, 20 Abb.
under a penalty, is not void as in re- N. C. 387; St. John v. The Mayor, 3
straint of trade, nor unreasonable. Bosw, 483. See Callanan v. Gilman,
Stokes v. The Corporation, 14 Wend. 107 N. Y. 361; Rehberg v. The Mayor,
87. See People ex rel. Gould v. City 91 Id. 143.
of Rochester, 45 Hun, 102.
(e) The city has the power to permit
As to licensed weighers of coal in the construction of cellarways ex-
New York city, see L. 1888, ch. 539, tending into the street, and a cellar-
p. 892.
way so constructed, in conformity
SUBD. 3. TRAFFIC. (6) The city with ordinances regulating such use
cannot deprive itself of its legislative of the street, is not an unlawful
power over the streets and prevent structure or nuisance. Jorgensen v.
its regulating their use; any attempt Squires, 144 N. Y, 280; S. C., 63 N. Y.
to do so by contract, either express or State Rep. 686; 1 N. Y. Ann. Cases,
implied, would not only be revocable 132.
at pleasure, but void. N. Y. & Har- (f) The owner of a building abut-'
lem R. R. Co. v. The Mayor, 1 Hilt. ting on a street, may use the sidewalk
562. See N. Y. & New Haven R. R. in front of his premises for the usual
Co. v. The Mayor, 4 Blatchf. 193. purposes of his business, when such
(c) The right of a railroad corpora. use occasions only temporary obstruc-
tion created to operate a street rail- tion. Id.
road in the city of New York, is to use (g) But an adjacent occupant of a
the streets for the construction and building upon the street has no right
operation of its road; beyond that the to appropriate the sidewalk for the
company is subject to the power of purpose of his business, thereby un-
the city to declare by ordinance the reasonably obstructing and prevent-
manner in which the street shall be ing the use of it by persons lawfully
used by the animals and cars of the passing along the street, Richardson,
company. Dry Dock, E. B. & B. R. etc. Co. v. Barstow Stove Co., 36. N.
R. Co. v. The Mayor, 47 Hun, 221. As Y. State Rep. 983; affi'g 26 Abb. N. C.
to the power to regulate the speed of 150 ; Jorgensen v. Squires, above.
trains, see City of Buffalo v. N. Y., (h) Nor can the city authorize or
Lake Erie, etc., R. R. Co., 54 N. Y. permit an unreasonable use of streets
State Rep. 156; S. C., 23 N.' Y. Supp. for business purposes. O'Reilly V.
309.
The Mayor, 59 How. Pr. 277; Lavery v.
ENCROACHMENTS. (d) The city Hannigan, 52 N. Y. Super. Čt. (J. & S.),
has no power to authorize any en- 463 ; Richardson, etc. Co. v. Barstow
croachment or obstruction upon any Stove Co., supra.
street or sidewalk except for the (i) Thus, the city has no power to
temporary purpose indicated in this grant a permit for the placing of a
subdivision. Cohen v. The Mayor, 113 show case beyond the stoop line. A
N. Y. 532; S. C., 23 N. Y. State Rep. show case so placed is an unlawful
509; rev'g 43 Hun, 345; People ex rel. obstruction and its removal will be
C'Reilly v. The Mayor, 59 How. Pr. compelled by mandamus. People ex
277; Ely v. Campbell, Id. 333; People rel. Bentley v. The Mayor, 18 Abb.
ex rel. Bentley v. The Mayor, 18 Abb. (N. C.) 123.
N. C. 123; Lavery v. Hannigan, 52 (3) When the city, in direct viola-
§ 49]
ORDINANCES AND REGULATIONS.
tion of a statute, without the pretense (0) But a municipality has full
of authority, assumes to grant to a power over the matter of lighting
private individual the right to obstruct streets, and niay authorize the erec-
the public highway while in the trans- tion of poles to be used for that pur-
action of his private business, and for pose. Johnson v. Electric Co., supra;
such privilege takes compensation, it Tuttle v. Brush, 50 N. Y. Super. Ct.
must be regarded as itself maintain- (J. & S.) 464; Metropolitan Tel. & Tel.
ing a nuisance so long as the obstruc- Co. D. Colwell Lead Co., Id. 488. For
tion is continued by reason of or the construction of particular ordi-
under such license, and it must be nances regulating the use of signs,
liable for all damages which may see The Mayor v. Wood, 6 N. Y. Supp.
naturally result to a third person by 657.
reason of such obstruction. Cohen (01) An ordinance imposing a
v, The Mayor, 113 N. Y. 532.
license upon telegraph poles is valid
See note “ obstruction of sidewalks as an exercise of the police power of
for business purposes," 18 Abb. N. C. the city, and does not conflict with
129.
the interstate commerce law. City of
(1) The city has no power to appro- Phila. V. Postal Tel. Co., 67 Hun, 21 ;
priate by resolution any portion of a S. C., 21 N. Y. Supp. 556.
street to private use to the exclusion SUBD. 8. (p) The city has plenary
of the public. Metropolitan Exhibi- power over the making, repairing,
tion Co. r. Newton, 4 Ñ. Y. Supp. 593; improving and paving, etc. of streets.
S. C., 21 N. Y. State Rep. 73.
Moore v. The Mayor, 73 N. Y. 238. See
11) The city has no power to prohibit Lahr v. Railroad Co., 104 N. Y. 292.
the bringing of an action for a penalty SUBD. 9. See City of Rochester v.
for the unlawful obstruction of a Close, 35 Hun, 208.
street until ten days after notice of SUBD. 11. (Q) A city has no power
removal has been given, since such an to authorize a discharge of fireworks,
ordinance in effect permits an obstruc. , upon its public streets, which, under
tion of the streets for the period stated. the attendant circumstances, operates
Mayor v. Henft, 2 How. Pr. (N. S.) 149. as a nuisance, and will be liable for in-
SUBD. 7. AWNINGS. (m} The power juries to a third person resulting there-
given to authorize the erection and from. Spier v. City of Brooklyn, 139
maintenance of awnings is not taken N. Y. 6; S. C., 54 N. Y. State Rep. 416.
away by the general provisions of SUBD. 13. See People ex rel. Dorr
subdivision 3 prohibiting the city from v. Thacher, 42 Hun, 349.
permitting encroachments upon or SUBD. 14. (91) By 1 L. 1896, ch.
obstructions in the streets. So Held. 823, p. 755, the mayor has power to
restraining the removal by the city of grant temporary permits under cer-
an awning erected in conformity with tain conditions in regard to consent by
ordinances upon that subject. Hoey abutting owners for the erection of
V. Gilroy, 129 N. Y. 132; s. c., 41 N. Y. flags, banners, etc., over the streets
State Rep. 181: affi'g 37 N. Y. State for public celebrations and political
Rep. 754; s. C., 14 N. Y. Supp. 159. demonstrations, etc.
POLES. (12) The legislature has no SUBD. 19. (r) A municipality has
power, so far as the rights of abutting the power to pass an ordinance re-
owners are involved, to authorize the stricting the sale of meat to a particu-
use of the streets of a city for the erec- lar place, i. e. to markets and the
tion of poles to conduct telegraph and streets adjoining. Such an ordinance
telephone wires. The erection of such is not in restraint of trade. The Vil.
poles is not an ordinary or legitimate lage of Buffalo v. Webster, 10 Wend.
use of the highway, but an additional 100.
burden upon the owners of the fee SUBD. 20. (s). The classification of
extending to the center of the street, keepers of “intelligence offices” in
and hence is a taking of private prop. this subdivision does not supersede or
erty within the constitutional pro repeal L. 1822, ch. 15, on the same
vision Metropolitan Tel. & Tel. Co. subject of ordinances for licensing in-
v. Colwell Lead Co., 50 Super. Ct. 488; telligence offices. The Mayor y. Buel,
S. C., 67 How. Pr. 365; Dusenbury v. 12 Daly, 494.
Mutual Telegraph Co., 11 Abb. N. C. As to intelligence offices in New
440; Eels V. Amer. Telephone, etc. York city generally, see L. 1888, ch.
Co., 65 Hun, 519; S. C., 48 N. Y. State 410, p. 681, as amended by L. 1891,
Rep. 403; 20 N. Y. Supp. 600; Blash- ch. 330.
field v. Empire State Tel. & Tel. Co., As to general act concerning pawn-
18 N. Y. Supp. 250; Johnson v. Elec- brokers, see L. 1883, ch. 339, p. 508, as.
tric Co., 7 N. Y. Supp. 716.
amended by L. 1890, ch. 240.
: 32
[$ 50
ENUMERATION OF POWERS.
(t) As statutes which authorize mu- hawking or peddling of farm produce
nicipal corporations to regulate hawk to certain hours of the day is not in,
ing and peddling are in restriction valid as an unreasonable restraint of
of the common law and of the gen trade. City of Buffalo v. Schleifer, 2
eral right of persons to pursue a Misc. 216; S. C., 51 N. Y. State Rep.
legitimate and innocent occupation, 58; 21 N. Y. Supp. 913.
and to deal rightfully and usefully For the construction of certain
with their property, they should re- regulations in regard to cartmen, see
ceive a strict construction, and in City of Brooklyn v. Breslin, 57 N. Y.
every instance where one is sought to 591.
he charged with a penalty for the (v) A charter provision authorizing
violation of a municipal ordinance the common council to pass ordi-
enacted in pursuance thereof, his nances to “regulate and license"
occupation must be shown to be dogs confers no power to pass an ordi-
clearly within those occupations nance to kill them.. People ex rel.
which are aimed at. Village of Stam Shand v. Tighe, 9 Misc. 607; S. C., 61
ford v. Fisher, 140 N. Y. 187; S. C., 55 N. Y. State Rep. 669; 30 N. Y. Supp.
N. Y. State Rep. 405.
368.
(u) An ordinance restricting the
Id.; foregoing enumeration of powers not restrictive; general power.
$ 50. The foregoing or other enumeration of powers in this act
shall not be held to limit the legislative power of the municipal
assembly which, in addition thereto, may exercise all of the
powers vested in The City of New York by this act, or otherwise,
by proper ordinances, rules, regulations and by-laws not inconsist-
ent with the provisions of this act, or with the constitution or laws
of the United States or of this state; and, subject to such limita-
tions, may from time to time ordain and pass all such ordinances,
rules, regulations and by-laws as to the said municipal assembly
may seem meet for the good rule and government of the city,
and to carry out the purposes and provisions of this act or of
other laws relating to the said city, and may provide for the
enforcement of the same by such fines, penalties, forfeitures and
imprisonment as may by ordinance or by-law be prescribed.
L. 1882, ch. 410, 8 85.
(a) To recover a penalty for viola- Co. v. The Mayor, 16 N. Y. State Rep.
tion of an ordinance, it must appear 950; S. C., 1 N. Y. Supp. 646.
that the ordinance sought to be en- (C) As to the power to restrict rail.
forced is within the legislative au- road company from sprinkling sand
thority of the city, and that it is a upon its tracks, see Dry Dock, E.
regulation of police and internal gov- B’way R. R. Co. v. The Same, 47
ernment, and not a mere imposition Hun. 221.
of a duty for purposes of revenue. (d) An ordinance requiring hoist-
The Mayor v. Second Ave. R R. Co., ways in stores and buildings to be
32 N. Y. 261; affi'g 34 Barb. 41; S. C.; inclosed by a railing and closed by
12 Abb. Pr. 364; The Mayor v. Third trap-doors upon completion of busi-
Ave. R. R. Co., 33 N. Y. 42.
ness each day, is a reasonable police
(6) As to the power of the munici regulation and within the powers of
pality to restrain as an act of police the municipality. The Mayor v. Wil-
power a railroad company by ordi- liams. 15 Ñ. Y. 502; affi'g 4 E. D.
nance from throwing snow from its Smith, 516.
track upon the street along its line, (e) Where a party erected for an-
see Broadway & Seventh Ave R R. other an awning across a sidewalk in
· S8 51-53]
33
PLACES FOR HOLDING COURTS.
violation of a city ordinance, held, collated In re O'Keefe, 19 N. Y. Supp.
that he could not recover on the illegal at p. 677.
contract or on a quantum meruit. See the Mayor v. Ryan, 2 E. D.
Brinkman v. Eisler, 7 N. Y. Supp. 193. Smith, 368; Underwood v. Green, 3
of, Where a corporation is author. Robt. 86 ; Mayor v. Third Ave. R. R.
ized to enforce its ordinances by fine Co., 16 N. Y. State Rep. 122; S.C., 1
· or in any other prescribed manner, it N. Y. Supp. 397; In re O'Keefe, 19 N.
is by implication precluded from Y. Supp. 676; Armitage v. Fisher, 24
adopting any other method of punish- N. Y. Supp. 650.
ing disobedience to them. See cases
Id.; licenses to second-hand dealers; penalty for violating ordinance.
$ 51. Every dealer in second-hand articles and scalper in coal
freights shall pay for a license a sum to be determined by the
municipal assembly, not exceeding five hundred dollars. Dealers
in second-hand articles and scalpers in coal freights may be
required to give security to the city with one or more sufficient
surety or sureties in a sum not exceeding ten thousand dollars
conditioned for the observance of the ordinances of the municipal
assembly. No greater penalty than one hundred dollars shall be
imposed by an ordinance as the penalty of the violation of any
ordinance by any dealer in second-hand articles or scalper in coal
freights.
L. 1882, ch. 410, 8 89; L. 1889, ch. 442.
Id.; designating common jails.
§ 52. The municipal assembly may, by ordinance from time to
time, by a vote of two-thirds of the members of each house, and
the approval of the mayor, designate any building or buildings
within the city to be the common jails of said city for all the pur-
poses for which common jails may by law be used, and such build-
ing or buildings so designated, shall be such common jails until
changed by a like ordinance by the municipal assembly.
| L. 1882, ch. 410, $ 90; L. 1888, ch. 412.
1
Id.; assignment of places for holding courts of general and special
sessions and magistrates' or police courts.
$ 53. The municipal assembly, by resolution or ordinance, by
a vote of not less than two-thirds of all the members elected to
each house, may assign such place in said city as may to it seem
most conducive to the public convenience, for the holding of the
courts of general and special sessions, and upon the application
of the board of city magistrates, may designate additional places
for the holding of magistrates' or police courts and jail delivery to
ce in said he members inance, by
34
SALARIES OF OFFICERS. [SS 54-57
be held in and for the city; notice of any change of the places of
holding such courts shall, before the same takes effect, be pub-
lished in the City Record and the corporation newspapers, for a
period of not less than four weeks. Said publication shall be
made under the direction of the city clerk.
L. 1882, ch. 410, § 91; L. 1888, ch. 412. See People ex rel. McSpedon v.
Stout, 23 Barb. 349.
Id.; assignment of places for holding municipal courts.
$ 54. The municipal assembly may assign the places where the
several municipal courts shall be held, within their respective dis.
tricts, except as otherwise provided by law.
| L. 1882, ch. 410, 8 92.
Iů.; security to be required from certain officers.
$ 55. It shall be the duty of the municipal assembly where no
provision has been made by law in respect thereto, to provide for
the accountability of all officers and other persons, save as herein
otherwise provided, to whom the receipt or expenditure of the
funds of the city shall be entrusted, by requiring from them suffi-
cient security for the performance of their duties of trust, which
security shall be annually renewed; but the security first taken
shall remain in force until new security shall be given.
L. 1882, ch. 410, 8 95.
Id.; prescribed salaries of officers.
$ 56. The salaries of all officers whose offices may be created
by the municipal assembly for the purpose of giving effect to the
provisions of this act, shall, subject to the other provisions of this
act, be prescribed by ordinance or resolution. The municipal
assembly shall have power, upon the recommendation of the
board of estimate and apportionment, to fix the salary of any
officer or person whose compensation is paid out of the city treas-
ury, irrespective of the amount fixed by this act, except that no
change shall be made in the salary of an elected officer or head of
a department during the term for which he was elected or
appointed.
L. 1882, ch. 410, 8 97.
Id.; publication of code of ordinances.
$ 57. The ordinances of the municipal assembly shall, as far as
practicable, be reduced to a code and published.
L. 1882, ch. 410, 8 98.
S 58-59] COMMISSIONERS OF DEEDS.
Id.; commissioners of deeds; appointment, oath, term; clerk therefor.
§ 58. The board of aldermen is hereby authorized and is
empowered to appoint commissioners of deeds from time to time,
who shall hold their offices for two years from the date of their
appointment; such appointment shall not require the concurrence
of the council nor the approval of the mayor, and hereafter, at
the time of subscribing or filing the oath of office, the city clerk
shall collect from each person appointed a commissioner of deeds
the sum of five dollars, and he shall not administer or file said
oath unless said fee has been paid. All fees collected by the city
clerk under and by virtue of this act, except as hereinafter pro-
vided, shall be accounted for and paid over monthly into the
treasury of the city. The city clerk shall appoint an officer, to
be known as commissioner of deeds clerk, whose duties shall be
to enter the names of commissioners of deeds appointed, in a
book kept for that purpose, make out certificates of appointment
and to discharge such other duties as the city clerk may desig-
nate. Said commissioner of deeds clerk shall receive a salary at
the rate of twelve hundred dollars per annum, payable monthly.
Any person hereafter appointed to the office of commissioner of
deeds in and for The City of New York by the board of alder-
men, before entering upon the discharge of the duties of said
office and within thirty days after such appointment, shall take
and subscribe before the commissioner of deeds clerk, in the office
of the city clerk, the following oath of office: That the applicant
is a citizen of the United States and of the state of New York,
and a resident of The City of New York; that he will support the
constitution of the United States and the constitution of the state
of New York, and faithfully discharge the duties of the office of
commissioner of deeds. Any commissioner of deeds who may
remove from The City of New York during his term of office is
hereby required to notify the city clerk of such removal. The
term of office of every commissioner of deeds who, on the first
day of May, eighteen hundred and ninety-eight, shall be holding
over after a term of two years, shall then cease.
L. 1882, ch. 410, S 100; L. 1893, ch. 108. See Ackley's Case, 4 Abb. Pr. 35.
niin
III.
Municipal assembly; trustees of public property.
$ 59. The municipal assembly and the several members thereof
and all officers and employes of the city are hereby declared trus-
tees of the property, funds and effects of said city respectively,
. so far as such property, funds and effects are or may be com-
36
VIOLATIONS OF LAW. - [S$ 59, 60
mitted to their management or control, and every person residing
in said city, when authorized to pay taxes therein, and who shall
pay taxes therein is hereby declared to be a cestui que trust in
respect to the said property, funds and effects, respectively; and
any co-trustees, or any cestui que trust, shall be entitled, as
against said trustees, and in regard to said property, funds and
effects, to all the rights and privileges provided by law for any
co-trustee, or cestui que trust to prosecute and maintain any
action to prevent waste and injury to any property, funds and
estate held in trust. Such trustees are hereby made subject to
all the duties and responsibilities imposed by law on trustees,
and such duties and responsibilities may be enforced by the city
or by any co-trustee or cestui que trust aforesaid.
L. 1882, ch. 410, $ 101.
See Roosevelt v. The Mayor, 51 N. Y. Sup’r (J. & S.), 229; S. C., 2 How. Pr.
(N. S.) 206.
1
Municipal assembly; violations of law by members of.
$ 60. Any member of the municipal assembly who shall know-
ingly and wilfully disregard any provision of law applicable to the
members of said assembly, or who shall vote for any contract in
violation of law or any appropriation unauthorized by law or in
excess of the amount authorized by law, or for any illegal or
injurious disposition of corporate property, rights or franchises,
shall be guilty of a misdemeanor and liable to the punishment and
penalties prescribed therefor; and every member voting in favor
thereof shall be individually liable to refund the amount to the
city at the suit of any citizen and taxpayer.
L. 1882, ch. 410, 8 102.
CHAPTER III.
FRANCHISES AND GRANTS OF LAND UNDER WATER
Title 1. FRANCHISES.
2. GRANTS OF LAND UNDER WATER.
TITLE 1.
FRANCHISES.
Sec. 71. Inalienable rights of the city to its properties.
72. Franchises to be granted by ordinance.
73. Limits and conditions to grants of franchises.
74. Proceedings prior to grant of franchise.
75. Municipal assembly to pass ordinances.
76. City may dispose of buildings not required for public use.
77. Acts not applicable to grants under this title.
Inalienable rights of the city to its properties.
$ 71. The rights of the city in and to its water front, ferries,
wharf property, land under water, public landings, wharves,
docks, streets, avenues, parks, and all other public places are
hereby declared to be inalienable.
Y
Franchises to be granted by ordinance.
§ 72. Every grant of or relating to a franchise of any character
to any person or corporation must, unless otherwise provided in
this act, be by ordinance.
Limits and conditions to grants of franchises.
$ 73. After the approval of this act no franchise or right to use
the streets, avenues, parkways or highways of the city shall be
granted by the municipal assembly to any person or corporation
for a longer period than twenty-five years, but such grant may at
the option of the city provide for giving to the grantee the right
on a fair revaluation or revaluations to renewals not exceeding in
the aggregate twenty-five years. Such grant, and any contract in
pursuance thereof, may provide that upon the termination of the
franchise or right granted by the municipal assembly the plant, as
38
[S$ 73, 74
LIMITS AND CONDITIONS TO GRANTS.
well as the property of the grantee in the streets, avenues, park-
ways and highways with its appurtenances, shall thereupon be
and become the property of the city without further or other com-
pensation to the grantee; or such grant and contract may provide
that upon such termination there shall be a fair valuation of the
plant and property which shall be and become the property of the
city on the termination of the grant on paying the grantee such
valuation. If by virtue of the grant or contract the plant and
property are to become the city's, without money payment there-
for, the city shall have the option either to take and operate the
said property on its own account, or to renew the said grant for
not exceeding twenty years upon a fair revaluation, or to lease
the same to others for a term not exceeding twenty years. If the
original grant shall provide that the city shall make payment for
the plant and property, such payment shall be at a fair valuation
of the same as property excluding any value derived from the
franchise; and if the city shall make payment for such plant and
property it shall in that event operate the plant and property on
its own account for at least five years, after which it may deter-
mine either to continue such operation on its own account, or to
lease the said plant and property and the right to use the streets
and public places in connection therewith for limited periods, in
the same or similar manner as it leases its ferries and docks.
Every grant shall make adequate provision, by way of forfeiture
of the grant or otherwise, to secure efficiency of public service at
reasonable rates, and the maintenance of the property in good
condition throughout the full term of the grant. The grant or
contract shall also specify the mode of determining the valuations
and revaluations therein provided for.
(a) A corporation, although created
but for a limited period, may acquire
title in fee to lands necessary for its
use. Nicoll v. N. Y. etc., E. R. Co.,
12 N. Y. 121; followed in People v.
O'Brien, 111 Id. 1.
(6) How the value of a franchise
conferred upon a railway company
extending its road over certain streets
in a municipality is to be adjusted.
Matter of Second Ave. R. R. Co., 1%
Amer, Law Reg. (N, S.) 447.
Proceedings prior to grant of franchise.
$ 74. Before any grant of the franchise or right to use any
street, avenue, parkway or highway shall be made, the proposed
specific grant embodied in the form of an ordinance with all of
the terms and conditions, including the provisions as to rates,
fares and charges, shall be published at least twenty days in the
City Record and at least twice in two daily newspapers published
in the city to be designated by the mayor at the expense of the
$8 74-77] MUNICIPAL ASSEMBLY TO PASS ORDINANCES. 39
proposed grantee. Such ordinance shall on its introduction and
first reading be referred by the municipal assembly to the board
of estimate and apportionment, who shall make inquiry as to the
money value of the franchise or privilege proposed to be granted
and the adequacy of the compensation proposed to be paid there-
for, and no grant thereof by the municipal assembly shall be made
except on terms approved by vote or resolution of the board of
estimate and apportionment, entered on the minutes or record of
such board, and every ordinance containing or making such grant
shall require the concurrence of three-fourths of all the members
elected to each branch of the municipal assembly as shown by the
ayes and noes there recorded and the approval of the mayor, and
thirty days at least shall intervene between the introduction and
final passage of any such ordinance. It shall require a vote of
five-sixths of all the members elected to each branch of the
municipal assembly to pass such ordinance over the mayor's veto.
This act shall apply to any renewal or extension of the grant or
leasing of the property to the same grantee or to others.
Municipal assembly to pass ordinances.
.8 75. The municipal assembly may from time to time pass
appropriate ordinances, not inconsistent with the constitution
and laws of the state, to carry the provisions of this title into
effect, but shall not part with the right and duty at all times to
exercise in the interest of the public, full municipal superintend-
ence, regulation and control in respect of all matters connected
with such grant, and not inconsistent with the terms thereof.
City may dispose of buildings not required for public use.
§ 76. Nothing in this title contained shall prevent the city from
disposing of any building or parcel of land no longer needed for
public use, provided such disposition shall be approved by the
sinking fund commissioners, and shall be at public sale, and be
provided for by ordinance.
Acts not applicable to grants under this title.
$ 77. Section ninety-three of chapter five hundred and sixty-
five of the laws of eighteen hundred and ninety and any acts
amendatory thereof or supplemental thereto, shall have no appli-
cation to grants made under and pursuant to this title.
40
(8 83
GRANTS OF LANDS AND FRANCHISES.
TITLE 2.
GRANTS OF LANDS UNDER WATER.
SEC. 83. Grants of lands and franchises to city in aid of commerce.
84. Property and franchises inalienable.
85. Private rights protected.
86. Patenting of lands under water by commissioners of the land office.
87. Power of municipal assembly.
88. Repealing provision.
Grants of lands and franchises to city in aid of commerce.
$ 83. To the end that the city of New York as herein consti-
tuted, may be enabled to make needful provisions for the naviga-
tion, intercourse and commerce of the city and adequately to
develop and secure the same now and in the future, the said city
shall have the control as herein and in this act provided, of the
water front of the entire city, subject, however, to the rights of
private owners of property, and also power to establish, construct,
acquire, own, maintain and enjoy all ferries, public wharves,
docks, piers, bulkheads, basins, slips, streets, approaches and
spaces, and all other public structures, adjuncts and facilities
necessary or proper for the navigation, intercourse and commerce,
foreign and domestic, of the city. To these ends, in addition to
all other grants, there is hereby granted in fee to the said city of
New York, as herein constituted, in all the public streams, rivers,
sounds, bays and waters of all descriptions at any and all places
within said city or adjoining the limits of said city as herein con-
stituted, all and singular the property, estate, right, title and
interest of the people of the state of New York, in, to, of, and
concerning such lands and soil covered by water, as are embraced
within the projected boundary lines of any street intersecting the.
shore line, and which street is in public use or which may be here-
after opened for public use, extending from high-water mark out
into said streams, rivers, sounds, bays and waters so far (any limits.
in existing grants to the contrary) as the said city shall now or at
any time hereafter in the opinion of its municipal assembly, or
department of docks and ferries require the same for ferries,
public wharves, docks, piers, bulkheads, basins, slips, or other"
public structures, adjuncts and facilities for navigation and com-
merce, including the right for such purposes to reclaim such
lands from said waters, and including also all riparian rights, and
all rents, issues and profits of the premises herein granted. The
$S 83-86] PATENTING OF LANDS UNDER WATER.
41
commissioners of the land office shall from time to time, convey
or patent the lands herein granted to the city for said purposes
as and whenever required by the board of docks.
Property and franchises inalienable.
$ 84. The property, franchises and rights hereby granted and
the works and structures hereby authorized are not the subject of
sale but shall be held by the city in perpetuity. But this shall
not prevent the city from leasing the same for limited periods of
time, in the same manner as it leases other like property.
Private rights protected.
$ 85. This grant shall not impair or affect any existing valid
private rights, or the existing riparian rights of owners of private
property, or the lawful rights of private owners of docks, piers
and other structures in the said city or any part thereof.
Patenting of lands under water by commissioners of the land office.
$ 86. After the approval of this act no patent of soil or land
under water within The City of New York, as herein constituted,
shall be made except to The City of New York or to the riparian
proprietor. If the board of docks with the approval of the com-
missioners of the sinking fund, shall project a plan or plans for
the construction of docks between street intersections as afore-
said, and desire a grant of land under water for that purpose, they
shall make application therefor to the commissioners of the land
office, who thereupon shall give notice to the riparian proprietor
before taking action in the matter and shall make such grant to
the city for the purposes specified in section eighty-three. Such
grant, however, shall be subject to all the rights of the riparian
proprietor, and before the city shall construct such public wharves.
or other structures in front of the land of such riparian proprietor,
the city shall make just compensation to such proprietor for the
value of all the riparian rights. If the commissioners shall make
a grant to the riparian proprietor it shall be confined to soil or
land under water in front of the land of such riparian proprietor.
If application be made to the commissioners of the land office by
the riparian proprietor for a grant of soil or land under water
within The City of New York, as herein constituted, said com-
missioners shall give notice thereof to the board of docks of the
city, which shall examine into such application and determine
whether the granting of the same will conflict with the rights of
42
[S$ 87, 88
POWER OF MUNICIPAL ASSEMBLY.
the city under this act or be otherwise injurious to the public
interests of the said city, and shall report their conclusions to
said commissioners who shall insert such terms and conditions in
the grant recommended by the board of docks as will protect the
public interests of the city in respect to navigation and commerce.
The validity of any such grant or patent may be judicially deter-
mined in an action brought by and in the name of the city.
1
Power of municipal assembly.
$ 87. The municipal assembly may from time to time pass
appropriate ordinances to carry the provisions hereof into effect,
not inconsistent with law or this act.
Repealing provision.
§ 88. All acts and parts of acts, so far as the same are inconsist-
ent with this chapter are hereby repealed.
CHAPTER IV.
-
THE EXECUTIVE.
SEC. 94. Mayor; executive power in and election of; salary.
95. Mayor's power of removal.
96. Administrative departments.
97. Department of finance; comptroller.
98. Law department; corporation counsel.
99. Police department; police board.
100. Board of public improvements and departments represented therein.
101. Department of parks; park board.
102. Department of buildings.
103. Department of public charities; board of public charities.
104. Department of correction; commissioner of.
105. Fire department; the fire commissioner.
106. Department of docks and ferries; board of docks.
107. Department of taxes and assessments; board of taxes and assess-
ments.
108. Department of education.
109. Department of health; board of health.
Mayor; executive power in and election of; salary.
$ 94. The executive power of The City of New York, as con-
stituted by this act, shall be vested in the mayor and the officers
of the department. The mayor shall be the chief executive
officer of the city; he shall be elected at the general election in
the year eighteen hundred and ninety-seven, and every four years
thereafter, and shall hold his office for the term of four years
commencing at noon on the first day of January after his election.
He shall be ineligible for the next term after the termination of
his office. The salary of the mayor shall be fifteen thousand
dollars a year.
L. 1882, ch. 410, SS 30, 31.
See People ex rel. Wood v. Lacombe, 99 N. Y. 43; affi'g 34 Hun, 401.
Mayor's power of removal.
$ 95. At any time within six months after the commencement
of his term of office the mayor, elected for a full term, may,
whenever in his judgment the public interests shall so require,
remove from office any public officer holding office by appoint-
44
[$ 96
ADMINISTRATIVE DEPARTMENTS.
ment from the mayor, except members of the board of education
and school boards, and except also judicial officers for whose
removal other provision is made by the constitution. After the
expiration of said period of six months, any such public officer
may be removed by the mayor for cause upon charges preferred
and after opportunity to be heard, subject, however, before such
removal shall take effect to the approval of the governor expressed
in writing.
L. 1882, ch. 410, S 108; L. 1895, vol. 2, ch. 11.
REMOVAL WITHOUT CAUSE. (a) The Thompson, 26 Hun, 36; People ex rel.
period fixed by statute during which Nichols v. The Mayor, 19 Hun, 441;
an appointing official may remove a People ex rel. Wheeler v. Cooper, 57
subordinate without cause, cannot be How. Pr. 416.
extended by agreement between such (d) Such proceedings are reviewable
official and subordinate. Litt v. by certiorari, though at the time of
Emery, 80 Hun, 380.
issuing the writ, the removal has
REMOVAL FOR CAUSE. (6) The neither been approved nor disap-
power of removal for cause given to proved by the governor. People ex
the mayor can only be exercised upon rel. Nichols v. The Mayor, 21 Hun,
just and reasonable grounds, and 517; Same v. Cooper, 59 How. Pr. 374.
after notice to the person charged. (e) The fact that the officer is guilty
The proceedings must be instituted of an offense which subjects him by
upon specific charges sufficient in law to other and additional punish-
their nature to warrant the removal, ment does not prevent his removal by
which, unless admitted, must be the mayor for such act. People ex rel.
proved; the defendant may cross- Shaler v. The Mayor, 52 Hun, 483 ;
examine the witnesses supporting the S. C., 5 N. Y. Supp. 538; 24 N. Y. State
charges, call others in his defense, Rep. 241.
and in all the steps of the proceedings (f) The fact that the act which
is entitled to be represented by forms the cause of removal is capable
counsel, People ex rel. The Mayor v. of punishment as a criminal offense
Nichols, 79 N. Y. 582; rev'g 18 Hun, does not require a conviction of the
530; People ex rel. Nichols v. Cooper, officer for such offense as a condition
58 How. Pr. 358; aff'd in 21 Hun, 517. to his removal by the mayor. People
(C) The proceeding for removal ex rel. Shaler v. The Mayor, above.
under this section is judicial in its (g) The distinction between a re-
character and subject to review by a moval by the mayor and that by a
writ of certiorari. People ex rel. The head of a department, stated, People
Mayor v. Nichols, 79 Ñ. Y. 582; dis- ex rel. Kelch v. Thompson, 94 N. Y.
tinguished in People ex rel. Kelch v. 451.
Administrative departments.
$ 96. There shall be the following administrative departments
in said city:
Department of finance.
Law department.
Police department.
Represented in the board of public improvements:
1. Department of water supply.
2. Department of highways.
3. Department of street cleaning.
4. Department of sewers.
$$ 96-98]
45
DEPARTMENT OF FINANCE. .
5. Department of public buildings, lighting and supplies.
6. Department of bridges.
Department of parks.
Department of buildings.
Department of public charities.
Department of correction.
Fire department.
Department of docks and ferries.
Department of taxes and assessments.
Department of education.
Department of health.
L. 1882, ch. 410, $ 34.
Department of finance; comptroller.
$ 97. The head of the department of finance shall be called the
comptroller of The City of New York. He shall be elected at
the general election in the year eighteen hundred and ninety-
seven, and every four years thereafter, and shall hold his office
for the term of four years, commencing at noon on the first day
of January after his election. The comptroller may be removed
from office by the governor in the same manner as sheriffs,
except that the governor may direct the inquiry required by law,
to be conducted by the attorney-general, and after charges have
been received by the governor, he may, pending the investiga-
tion, suspend the comptroller for a period not exceeding thirty
days. In case of a vacancy in the office of comptroller, it shall
be filled by the mayor, and the person appointed to fill such
vacancy shall hold office until noon of the first day of January
succeeding the election at which a successor shall be elected. At
the next general election at which municipal officers shall be
elected, which shall take place more than thirty days after the
occurrence of a vacancy in the office of comptroller, a successor
shall be chosen who shall hold office for the remainder of the
unexpired term.
| L. 1882, ch. 410, $ 85; L. 1884, ch. 73, .
Law department; corporation counsel.
$ 98. The head of the law department shall be called the cor-
poration counsel, and shall, unless sooner removed, hold his office
for four years and until his successor shall be appointed and has
qualified.
L. 1882, ch. 410, $ 36.
46
BOARD OF PUBLIC IMPROVEMENTS. - [88 99, 100
Police department; police board.
8 99. The head of the police department shall be called the
police board. Said board shall consist of four members to be
known as police commissioners of The City of New York, who
shall, unless sooner removed, respectively hold their offices for
four years and until their successors shall respectively be appointed
and have qualified, except that the commissioners first appointed
shall, unless sooner removed, hold office for one, two, three and
four years respectively, as designated by the mayor.
L. 1882, ch. 410, $ 37.
Board of public improvements and departments represented therein.
$ 100. The head of the board of public improvements shall be
the president of said board. He shall be appointed by the mayor,
and shall, unless sooner removed, hold his office for six years and
until his successor shall be appointed and has qualified.
1. The head of the department of water supply shall be called
the commissioner of water supply. He shall be appointed by the
mayor, and shall, unless sooner removed, hold his office for six
years and until his successor shall be appointed and has qualified.
2. The head of the department of highways shall be called the
commissioner of highways. He shall be appointed by the mayor,
and shall, unless sooner removed, hold his office for six years and
until his successor shall be appointed and has qualified.
3. The head of the department of street cleaning shall be called
the commissioner of street cleaning. He shall be appointed by
the mayor, and shall, unless sooner removed, hold his office for
six years and until his successor shall be appointed and has
qualified.
4. The head of the department of sewers shall be called the
commissioner of sewers. He shall be appointed by the mayor,
and shall, unless sooner removed, hold his office for six years
and until his successor shall be appointed and has qualified.
5. The head of the department of public buildings, lighting,
and supplies shall be called the commissioner of public buildings,
lighting, and supplies. He shall be appointed by the mayor, and
shall, unless sooner removed, hold his office for six years and until
his successor shall be appointed and has qualified.
6. The head of the department of bridges shall be called the
commissioner of bridges. He shall be appointed by the mayor,
and shall, unless sooner removed, hold his office for six years and
until his successor shall be appointed and has qualified.
SS IOI-104] DEPARTMENTS OF PARKS, BUILDINGS, ETC.
47
Department of parks; park boạrd.
Ś 101. The head of the department of parks shall be called the
park board. Said board shall consist of three inembers who shall
be known as commissioners of parks. They shall be appointed
by the mayor, and shall, unless sooner removed, respectively hold
their offices for six years and until their successors shall respec-
tively be appointed and have qualified, except that the commis-
sioners first appointed shall, unless sooner removed, hold office
for two, four and six years, respectively, as designated by the
mayor.
L. 1882, ch. 410, 8 42.
Department of buildings.
§ 102. The head of the department of buildings shall be called
the board of buildings. Said board shall consist of three mem-
bers to be known as commissioners of buildings. They shall be
appointed by the mayor, and shall, unless sooner removed, hold
their respective offices for the term of six years, and until their
successors shall respectively be appointed and have qualified,
except that the commissioners first appointed shall, unless sooner
removed, hold office for two, four and six years respectively, as
designated by the mayor.
L. 1888, ch. 553, tit. XIV, § 1; L. 1895, ch. 292.
Department of public charities; board of public charities.
§ 103. The head of the department of public charities shall be
called the board of public charities. Said board shall consist of
three members to be known as commissioners of public charities
of the city of New York. They shall be appointed by the mayor
and shall, unless sooner removed, respectively hold their offices
for six years, and until their successors shall respectively be
appointed and have qualified, except that the commissioners
first appointed shall, unless sooner removed, hold office for two,
four and six years, respectively, as designated by the mayor.
L. 1882, ch. 410, 8 39; L. 1895, chi 912, 8 12.
Department of correction, commissioner of.
S 104. The head of the department of correction shall be called
the commissioner of correction. He shall be appointed by the
mayor, and shall, unless sooner removed, hold his office for six
years, and until his successor shall be appointed and has qualified.
L 1882, ch. 410, 8 39; L. 1895, ch. 912, 8 1.
FIRE AND OTHER DEPARTMENTS. -- [$S 105-108
Fire department; the fire commissioner.
$ 105. The head of the fire department shall be called the fire
commissioner. He shall be appointed by the mayor, and shall,
unless sooner removed, hold office for six years, and until his
successor shall be appointed and has qualified.
L. 1882, ch. 410, 8 40.
Department of docks and ferries; board of docks.
§ 106. The head of the department of docks and ferries shall
be called the board of docks. Said board shall consist of three
members, who shall be known as commissioners of docks, and
who shall, unless sooner removed, hold their respective offices for
six years, and until their successors shall respectively be appointed
and have qualified, except that the commissioners first appointed
shall, unless sooner removed, hold office for two, four and six
years, respectively, as designated by the mayor.
L. 1882, ch. 410, 8 44.
Department of taxes and assessments; board of taxes and assessments.
$ 107. The head of the department of taxes and assessments
shall be called the board of taxes and assessments. Said board
shall consist of a president, who shall be so designated in his
appointment, and four other members, one of whom at least shall
be a person learned in the law, who shall be called commissioners
of taxes and assessments. The president, unless sooner removed,
shall hold his office for the term of six years, and until his suc-
cessor shall be appointed and has qualified. The other commis-
sioners shall, unless sooner removed, hold their respective offices
for the term of four years. The commissioners first appointed
under this act shall, unless sooner removed, hold office by desig-
nation of the mayor for terms of one, two, three and four years
respectively. The commissioners thereafter appointed shall,
unless sooner removed, hold office for the term of four years, and
until their successors shall respectively be appointed and have
qualified.
L. 1882, ch. 410, $ 43.
Department of education.
§ 108. The head of the department of education shall be called
the board of education. Said board shall consist of nineteen
members, and shall be composed as follows: Of the chairman of
the school board of the boroughs of Manhattan and The Bronx,
LO
$S 108–109]
49
DEPARTMENT OF HEALTH.
and ten other members elected by said school board; of the
chairman of the school board of the borough of Brooklyn and five
other members elected by said school board ; and of the chairman
of the school boards of the boroughs of Queens and Richmond,
respectively. The members of said board of education shall hold
office for one year, and until their successors shall respectively be
chosen and have qualified.
Department of health; board of health.
$ 109. The head of the department of health shall be called
the board of health. Said board shall consist of the president of
the police board, the health officer of the port, and three officers
appointed by the mayor, to be called health commissioners, two
of whom shall have been practicing physicians for not less than
ten years preceding their respective appointments. The health
commissioner, who is not a physician, shall be the president of
the board and shall be so designated in his appointment. The
health commissioners shall, unless sooner removed, respectively
hold their offices for six years and until their successors shall
respectively be appointed and have qualified, except that the
commissioners first appointed shall, unless sooner removed, hold
office for two, four and six years respectively, as designated by
the mayor.
L. 1882, ch. 410, $ 41.
CHAPTER V.
THE MAYOR.
SEC. 115. Mayor; duties of.
116 Id.; a magistrate.
117. Id.; may appoint clerks, etc.
118. Id.; to appoint heads of departments; terms of latter.
119. Id.; to appoint commissioners of accounts.
120. Id.; proclamation as to holding courts in case of pestilence, etc.
121. Id.; police power as to pawnbrokers.
122. Id.; revioral, by governor.
123. Municipal civil service; mayor to appoint commissioners.
124. Regulations.
125. Authority and duty of commissioners.
126. Warrants for payment of salary; when not to be issued.
127. Veterans.
128. Bureau of municipal statistics.
129. Bureau; how constituted.
130. Chief of bureau to be appointed by the mayor.
131. Municipal statistical commission; how constituted.
132. Meetings of commission; quorum.
133. Place of meeting.
134. Compensation of chief of bureau and his assistants, and of the
commission.
135. Powers and duties of the commission.
136. Powers and duties of chief of bureau.
137. Publication of statistics.
138. Limitation of expense of maintaining the bureau of municipal
statistics.
Mayor; duties of.
$ 115. It shall be the duty of the mayor:
1. To communicate to the municipal assembly, at least once in
each year, a general statement of the finances, government, and
improvements of the city.
2. To recommend to the municipal assembly all such measures
as he shall deem expedient.
3. To keep himself informed of the doings of the several
departments.
4. To he vigilant and active in causing the ordinances of the
city, and laws of the state to be executed and enforced, and for
that purpose he may call together for consultation and co-opera-
tion any or all of the heads of departments.
1
$S 115-118] POWERS OF THE MAYOR.
5. And generally to perform all such duties as may be pre-
scribed for him by this act, the city ordinances and the laws of
the state.
| L. 1882, ch, 410, $ 103.
Id.; a magistrate.
$ 116. The mayor is a magistrate.
L. 1882, ch. 410, $ 104. See Code Crim. Proc., § 147.
Id.; may appoint clerks, etc.'
$ 117. The mayor may appoint such clerks and subordinates as
he may require to aid him in the discharge of his official duties,
and shall render to the municipal assembly, every three months,
an account of the expenses and receipts of his office, and therein
shall state, in detail, the amounts paid and agreed to be paid by
him, for salaries to such clerks and subordinates respectively, and
the general nature of their duties, which account and report shall
be published in the City Record. The aggregate expenses
incurred by him for such purposes shall not exceed, in any one
year, the sum appropriated therefor.
| L. 1882, ch. 410, $ 105.
Id.; to appoint heads of departments; terms of latter.
$ 118. The mayor shall appoint the heads of departments and
all commissioners, except as otherwise provided in this act. He
shall also appoint all members of any board or commission author-
ized to superintend the erection or repair of any building belong-
ing to or to be paid for by the city, whether named in any law or
appointed by any local authority, and also a commissioner of
jurors for the boroughs of Manhattan and The Bronx, inspectors
of weights and measures, and as many sealers of weights and
measures as may by ordinance be prescribed, and also the mem-
bers of any other local board and all other officers not elected by
the people, whose appointment is not excepted or otherwise pro-
vided for. Every head of department and person in this section
named shall, subject to the power of removal herein provided,
hold his office for such term as is provided by this act, or other-
wise, and in each case until a person is duly appointed, and has
qualified, in his place. The terms of office of all such heads of
departments and persons, shall, as to those first appointed, com-
mence at noon on the first day of January, eighteen hundred and
ninety-eight, and thereafter at noon on the first day of January
in the year in which the terms of office of their predecessors
expire, except that any person who shall be appointed in pursu-
7
52
[S 119
POWERS OF THE MAYOR.
ance of this section to fill any vacancy shall hold his office for the
unexpired term of his predecessor.
L. 1882, ch. 410,8 106; L. 1884, ch. 43.
(a) The power of appointment by must be by commission, i. e., a formal
the mayor under this section is an writing signed by the official with
executive power of the state vested whom the appointing power rests.
by the constitution and law in him, People ex rel. Babcock F. Murray, 70
and the judicial power can neither N. Y. 521 ; rev'g 8 Hun, 577; see Peo-
inquire into his motives in the exer- ple ex rel. Kresser v. Fitzsimmons, 68
cise of this power, nor control him in N. Y. 514.
such exercise. People ex rel. Roose- (C) See People ex rel. Wood v. La-
velt v. Edson, 52 N. Y. Super. Ct. combe, 99 N. Y. 43; affi'g 34 Hun, 401;
(J. & S.) 53; rev'g 51 Id. 238.
People ex rel. Haughton v. Andrews,
(6) No appointment to office can be 104 N. Y. 570; affi'g 42 Hun, 614;
made verbally except where permitted People ex rel. Mason v. McClave, 99
by the terms of the statute conferring N. Ï. 83, 94; Gilroy v. Smith, 23 N.
the appointing power ; in the absence Y. State Rep. 5; affi'd 8 N. Y. Supp.
of such permission, the appointment 677.
Id.; to appoint commissioners of accounts.
$ 119. The mayor shall appoint and remove at pleasure two
persons who shall be commissioners of accounts. It shall be
their duty, once in three months, to make an examination of the
receipts and disbursements in the offices of the comptroller and
chamberlain, in connection with those of all the departments and
officers making returns thereto, and report to the mayor a detailed
and classified statement of the financial condition of the city as
shown by such examinations. They shall also make such special
examinations of the accounts and methods of the departments
and offices of the city and of the counties of New York, Rich-
mond and Kings, as the mayor may from time to time direct, and
such other examinations as the said commissioners may deem for
the best interests of the city and report to the mayor and the
municipal assembly the results thereof. For the purpose of
ascertaining facts in connection with these examinations they
shall have full power to compel the attendance of witnesses, to
administer oaths and to examine such persons as they may deem
necessary. Such commissioners shall each be paid the sum of
five thousand dollars a year. The board of estimate and appor-
tionment and the municipal assembly shall annually appropriate
a sum sufficient to pay the salaries of said commissioners, and in
the discretion of said board and municipal assembly a sum suffi-
cient to enable them to employ the necessary assistance to carry
out the provisions of this act.
L. 1882, ch. 410, $ 110.
(a) As to power of Supreme Court missioners of accounts, see Matter of
to commit a witness for contempt for McAdam, 5 N. Y. Supp. 387; affi'd,
refusal to answer questions of com- Id. 454.
$$ 120-123.]
53
REMOVAL BY GOVERNOR.
(6) It seems that the power of re-
moval of commissioners of accounts
being conferred by statute to be exer-
cised at pleasure, the mayor is the ex-
clusive judge of the propriety of such
exercise. People ex rel. Westray v.
The Mayor, 82 N. Y. 491; affi'g 16 Hun,
309.
Id.; proclamation as to holding courts in case of pestilence, etc.
$ 120. The mayor, or, in case of his absence, or other disability,
the president of the council, by proclamation, may direct that the
next ensuing term of any court, other than the court of appeals,
appointed to be held in the city shall be held in any building
within The City of New York, other than the building where the
same is regularly to be held, if, in his opinion, war, pestilence, or
other public calamity, or the danger thereof, or the destruction
or injury of the building, or the want of suitable accommodation,
renders it necessary that some other place be selected. The proc-
lamation must be published in two or more daily newspapers,
published in The City of New York.
L. 1882, ch. 410, 8118.
Id.; police power as to pawnbrokers.
$ 121. The mayor shall possess the power conferred upon the
chief, deputy chiefs, inspectors and captains of police by section
three hundred and seventeen of this act.
| L. 1882, ch. 410, $ 121.
Id.; removal by governor.
$ 122. The mayor may be removed from office by the governor
in the same manner as sheriffs, except that the governor may direct
the inquiry provided by law to be conducted by the attorney-
general; and after the charges have been received by the gover-
nor, he may, pending the investigation, suspend the mayor for a
period not exceeding thirty days.
L. 1882, ch. 410, 8 122.
Municipal civil service; mayor to appoint commissioners.
$ 123. The mayor shall appoint three or more suitable persons
as commissioners to prescribe and amend, subject to his approval,
and to enforce regulations for appointment to, and promotions in,
the civil service thereof, and for classifications and examinations
therein, and for the registration and selection of laborers for
employment therein, in pursuance of the constitution of this state.
Said commissioners shall receive no compensation.
(a) See N. Y. Const., art. 5, sec. 9, in (c) The civil service regulations of
appendix.
a city are to be construed in the same
,. (6) History of civil service legisla- manner as a statute. Carmody v. The
tion in New York, and collation of City of Mt. Vernon, 3 App. Div. 347;
statutes referring thereto, in Matter S. C., 38 N. Y. Supp. 314.
of Sweeley, 12 Misc. 184.
REGULATIONS TY
[$ 124
FOR CIVIL SERVICE.
(d) For the construction of particu
lar municipal regulations, see Car-
mody v. The City of Mt. Vernon,
supra; People ex rel. Carroll v. Civil
Service Bd., 5 App. Div. 165; S. C., 39
N. Y. Supp. 75; Peck v. Belknap, 130
N. Y. 394; s. C., 42 N. Y. State Rep.
384.
I
Regulations.
$ 124. Such regulations shall, among other things, provide:
1. For the classification of the offices, places and employments
in the civil service of the said city.
2. For examinations, wherever practicable to ascertain the
fitness of applicants for appointment to the civil service of said
city.
All examinations shall be public. No question in any exami-
nation under the rules established as aforesaid shall relate to
political or religious opinions or affiliations, and no appointment
or selection to or removal from an office or employment within
the scope of the rules established as aforesaid, shall be in any
manner affected or influenced by such opinions or affiliations.
Such examinations shall be practical in their character, and shall
relate to those matters which will fairly test the relative capacity
and fitness of the persons examined to discharge the duties of the
position to which they seek to be appointed. Such examinations,
save in the case of applicants for employment as laborers, shall
be open, competitive examinations, except where, after due
efforts by previous public advertisement or other effort in case of
extraordinary emergency, competition is found not to be practi-
cable. The examination of applicants for employment as labor-
ers shall relate to their capacity for labor, their habits as to
industry and sobriety, and the number of persons dependent
upon them for support.
3. For the filling of vacancies in the offices, places and employ-
ments in the public service which are subject to competitive
examination by selection from among those graded highest as the
result of such examination, provided, however, that soldiers and
sailors honorably discharged from the army and navy of the
United States in the late civil war, who are citizens and residents
of this state, shall be entitled to preference in appointment and
promotion from any list from which an appointment or promo-
tion is to be made, without regard to their standing on such list.
4. For a period of probation before an appointment or employ-
ment is made permanent.
5. For promotions in office on the basis of ascertained merit
and seniority in service, and upon such examination as may be
for the good of the public service.
§ 124]
55
TTT
REGULATIONS FOR CIVIL SERVICE.
SUBD. 2. (a) The determination of such case is by mandamus to compel
the civil service commission of a city the civil service commission to re-
as to the fitness of candidates for the place the name of the relator upon
position they seek being an act judi- the list. People ex rel. Van Petten
cial in its nature, cannot be im- .v. Cobb, 13 App. Div. 56.
peached collaterally, but only by (f) When the determination of an
direct proceedings instituted for that examination board as to the qualifica-
purpose. People ex, rel. Beckv. B'd of tions of an applicant, founded on
Aldermen of City of Buffalo, 42 N. Y. answers to questions relating to the
Supp.545; S. 0,76 N. Y. State Rep. 545. science or art of a profession, trade or
(o) The provision of the New York business, is challenged by a writ of
Constitution requiring appointments certiorari, the return of the board
to the civil service of the state to be should show wherein the answers are
upon competitive examinations as far incorrect or defective. People ex rel.
as practicable, is dependent upon Kelly v. Scott, 86 Hun, 174; S. C., 66
legislation to carry it into effect. The N. Y. State Rep. 744; 33 N. Y. Supp.
provision of the Constitution was 229.
framed in reference to the existing SUBD. 3. (g) A statute which pro-
civil service law of the state, and so vides that competitive exaniinations
far as that statute provides the proper shall not be deemed practicable or ·
machinery for enforcing its provision, necessary in cases where the compen-
it becomes operative. Chittenden v. sation or other emolument of an office
Wurster, Court of Appeals, New does not exceed a certain sum per
York Law Journal, April 23, 1897; day, is in violation of the provisions
rev'g 43 N. Y. Supp. 1035. Compare of the Constitution, making such ex-
People ex rel. McClelland v. Reberts, aminations necessary when practi-
148 N. Y. 360 ; affi'g 91 Hun, 101 ; cable. So held, declaring L. 1895, ch.
S. C.. 34 N. Y. Supp. 641.
344, which exempts veterans from ex-
(C When the particular character aminations where the compensation
and functions of an office or position attached to an office does exceed four
have been ascertained, the question dollars per day, to be unconstitutional
whether competitive examination for and void. Matter of Keymer, 148
appointment to that place is practi. N. Y. 225.
cable or not is a question determin- . (h) The provisions of the N. Y.
able by the court, as matter of law, Cons., art. 5, sec. 9, are not intended
by the exercise of its judgment, and to give any preference to veterans of
in the light not only of the proof, but the civil war over other citizens of the
of common knowledge, as applied to state in examinations, whether com-
the subject matter. Chittenden v. petitive or non-competitive. It is
Wurster, 14 App. Div. 483 ; 43 N. Y. only when, as a result of these exami-
Supp. 1035; rev'd on other grounds nations that a list' is made up consist-
in Court of Appeals, N. Y. Law ing of those whose merit and fitness
Journal, April 23, 1897; Matter of have been duly ascertained, that the
Keymer, 89 Hun, 292 ; s. C., 35 N. Y. veteran is entitled to preference with-
Supp. 101 ; affi'd in 148 N. Y. 219. out regard to his standing on the list,
(d) It seems that competitive ex Matter of Keymer, 148 N. Y. 222;
aminations are not to be deemed Matter of Sweeley, 12 Misc. 185; affi'd
practicable in cases where the posi. without opinion, 146 N. Y. 481; People
tion is one in which the occupant ex rel. McClelland v. Roberts, 148 N.
holds a confidential relation to the Y. 360 ; affi'g 91 Hun, 100; S. C., 36
appointing officer. What is held to N. Y. Supp. 677.
be a confidential position within the (1) Statutes exempting honorably
rule considered. Chittenden v. Wurs- discharged veterans from the exami-
ter, Court of Appeals, New York Law nations prescribed by civil service law
Journal, April, 23, 1897 ; rev'g. 43 N. are in conflict with the provision of
Y. Supp. 1035.
the Constitution and are therefore
(e) The civil service commission. void. Id.
of a city have no power to strike (1) Mandamus is the appropriate
from the list of those eligible for ap- remedy to enforce the preference
pointment, without notice, the name given by this section to honorably
of a person who has been duly and discharged veterans to appointment.
regularly examined and placed on the People ex rel. Stephens V. Bardin, 7
list, on account of a mistake made in N. Ý. Supp. 123.
placing such person on the list, e. g., (k) But mandamus will not lie to
the omission to make a physical ex- enforce the preference given by the
amination. The proper remedy in statute, where it appears that the
56
[$ 125
AUTHORITY AND DUTY OF COMMISSIONERS.
relator has failed to bring to the at- mann v. Rupp, 90 Hun, 145; s. C., 35
tention of the appointing body his N. Y. Supp. 349.
claim to the benefit of the statute. (m) Acity is not liable for violations
Matter of Wortman, 22 Abb. N. C. of the provisions of the statutes giv-
137 ; S. C., 2 N. Y. Supp. 324.
ing preference to honorably dis-
(l) Mandamus does not lie to com- charged soldiers and sailors. The
pel the appointment of a veteran to only obligation which the city sus-
an office to which he is entitled to tains to an appointee, under these
preference, where another person has provisions, is to pay him compensa-
been appointed, and is in possession tion for the service which he renders
in disregard of such veteran's legal while in office and employed. Hig.
rights. The proper remedy in such a gins v. The Mayor, 131 N. Y. 128; S.
case is by an action in the nature of C., 42 State Rep. 711, rev'g 60 Hun,
quo warranto. People ex rel. Hoff - 578; S. C., 14 N. Y. Supp. 554.
1
.
1
Authority and duty of commissioners.
§ 125. The persons so appointed or employed shall be known
· as municipal civil service commissioners, and within the amount
appropriated therefor, they shall have authority to employ a sec-
retary, examiners, and such other subordinates as may be neces-
sary. It shall be the duty of such persons to make reports from
time to time to the state civil service commission, whenever said
commission may request, of the manner in which the civil service
law, and the rules and regulations thereunder, have been and are
administered, and the results of their administration in such city,
and of such other matters as said commission may require, and
annually on or before the tenth day of January in each year to
make such a report to said commission; and it shall be the duty
of said state commission in its annual report to set out either
these reports, or a sufficient abstract or summary thereof, to give
full and clear information as to their contents. It shall be the
duty of all persons in the official service of the city to conform to
and comply with said rules and regulations and any modifications
thereof made pursuant to the authority of this section or said
rules and regulations, and to aid and facilitate in all reasonable
and proper ways the enforcement of said rules and regulations
and any modifications thereof, and the holding of all examinations
which may be required under the authority of this section or said
rules and regulations. Until the appointment of a municipal civil
service commission under this act in said city, the municipal civil
service commissioners now in existence in any part of the territory
of said city shall continue in office, and the civil service rules now
in force therein shall continue to be in force until the adoption of
new rules hereunder. The authority by this section conferred
shall not be so exercised as to take from any policeman or fireman
any right or benefit now conferred by law or by this act, or exist-
ing under any lawful regulation of the department in which he
SS 125-127]
57
WARRANTS — VETERANS.
serves. Proper provision shall be made in the annual budget for
all the expenses of the municipal civil service commissioners.
See Kip v. City of Buffalo, 123 N. Y. 152; S. C., 33 N. Y. State Rep. 83.
Warrants for payment of salary; when not to be issued.
$ 126. Any officer of said city whose duty it is to sign or coun-
tersign warrants, shall not draw, sign or issue, or authorize the
drawing, signing or issuing of any warrant on the chamberlain or
other disbursir.g officer of the city for the payment of salary to
any person in its service whose appointment has not been made
in pursuance of this chapter and the rules in force thereunder,
provided, however, that this section shall not apply to persons.
now in office who are by this act continued in office, or trans-
ferred in service.
(a) A taxpayer's action will not lie classification conform to the pro-
to restrain the fiscal officers of the visions of the Constitution and the
city from paying salaries to ap- statute. Chittenden v. Wurster,
pointees alleged to have been illegally Court of Appeals, N. Y. Law Journal,
classified and appointed. A classifi- April 23, 1897 ; rev'g, 43 N. Y. Supp.
cation made by the mayor of a city, 1035.
while it may be voidable as in viola (6) See Beck v. Belknap, 130 N. Y.
tion of the statute or the Constitution, 394 ; s. C., 42 N, Y. State Rep. 384 ;
yet, until it is judicially determined Rogers v. City of Buffalo, 22 Abb.
in a direct proceeding that the sanie N. C.) 144; S. Č., 2 N. Y. Supp. 326,
is erroneous, it is a protection to the where the fiscal officer of the city
subordinate heads of departments and was restrained from paying salary to
employees acting thereunder. The one who had been appointed to a
appropriate remedy when the classifi- position without a competitive ex-
cation of the civil service in a city is amination in a case where such ex-
improper is by mandamus to the amination was required by the statute.
mayor to compel him to make the
Veterans.
$ 127. All veterans either of the army or navy or the volunteer
fire departments, now in the service of either of the municipal and
public corporations hereby consolidated, who are now entitled by
law to serve during good behavior, or who can not under existing
law be removed except for cause, shall be retained in like posi-
tions and under the same conditions by the corporation consti-
tuted by this act, to serve under such titles and in such way as
the head of the appropriate department or the mayor may direct.
(a) Veterans. WHEN REMOVABLE. ing L. 1894, ch.716; compare L 1894,
The veteran acts provide, in sub- ch. 716, as construed in People ex rel.
stance, that no honorably discharged Connor v. Brookfield, 2 App. Dir.
volunteer fireman, or veteran, hold. 300, and People ex rel. Fonda v. Mor-
ing a position by appointment in ton, 148 N. Y. 156, with the amending
any city or county and receiving a statute.
salary or per diem pay shall be re (b) Upon the hearing prescribed by
moved therefrom, except for cause the statute the veteran is entitled to
shown after a hearing had. L. 1892, fully and adequately cross-examine
Ch. 577, and L. 1896, ch. 821, amend the witness produced in support of the
VETERANS.
[S 127
charges against him, without illegal or (3) The same principle applied to a
undue restraint. People ex rel. Fal- case where the opposing affidavits
lon v. Wright, 7 App. Div. 185; S. C., alleged the failure to give notice of
40 N. Y. Supp. 171. See L. 1896, ch. the veteran's rights within proper
821.
season, it being held that such affi-
(c) It seems that the provisions of davits raised an issue of fact which
the statute providing for a hearing, do prevented the issue of a peremptory
not require that the witness examined mandamus. Matter of Shay, 39 N. Y.
therein should be sworn. People ex State Rep. 856; S. C., 15 N.Y. Supp. 488.
rel. Brady v. Brookfield, 6 App. Div. (1) Before mandamus will lie to
445; S. C., 39 N. Y. Supp. 677.
compel the reinstatement of a veteran
(d) Old age, or other physical im- who has been removed without a
pairment, will not justify the removal hearing, it must appear in the affi-
of a veteran, who still possesses the davits that the removing official had
business capacity necessary to dis notice of relator's claim to the benefit
charge the duties of the position in- of the veteran statute or that a de-
volved. People ex rel. Haverty v. mand was made upon him for a hear-
Barker, 37 N. Y. Supp. 555. See L. ing, by the relator. People ex rel.
1896, ch. 821, amending L. 1894, ch. O'Brien v. Cruger, 12 App. Div. 536.
716.
(1) Mandamus will not issue to re-
(e) As to the effect of the veteran instate a veteran to an office filled by
statutes upon laws fixing the age of another under color of title. The
retirement from office, see People proper remedy in such a case is by
ex rel. Washburn v. French, 52 Hun, proceedings in the nature of quo war-
461; S. C., 5 N. Y. Supp. 712,
ranto. People ex rel. Wren v. Goet-
(f) It is not sufficient cause for the ting, 133 N. Y. 569; S. C., 44 N. Y.
removal of a veteran, that another State Rep. 503; People ex rel. Milli-
person can be procured who is willing ken v. City of Newburg, 47 N. Y. State
to serve at a lower rate of compensa. Rep. 369.
tion. People ex rel. Corrigan v. The (m) The removal of a veteran after
Mayor, 91 Hun, 308; rev'd on other hearing had is an act judicial in its
grounds in 149 N. Y. 215.
nature and, therefore, reviewable by
(9) A veteran may be removed with certiorari. People ex rel. Fallon v.
out a hearing when his office is abol- Wright, 7 App. Div.185; S. C., 40 N. Y.
ished or when the appropriation for Supp. 171; People ex rel. Hoffman v.
the payment of the salary of such Rupp, 90 Hun, 145; S. C., 69 N. Y. State
office is exhausted. People ex rel. Rep. 271; 35 Ñ. Y. Supp. 349.
Corrigan v. The Mayor, 91 Hun, 308; (12) In such a proceeding, the pre-
rev'd on other grounds in 149 N. Y. sumption is that the act of depriva-
215 ; People ex rel. Maloney v. War- tion of office is illegal, and the burden
ing, 7 App. Div. 204; S. C., 40 N. Y. is thrown upon the removing official
Supp. 275 ; People ex rel. O'Conner v. to show that the veteran was incom-
Adams, 133 N. Y. 203 ; s. C., 44 N. Y. petent and guilty of conduct incon-
State Rep. 524.
sistent with his position. People ex
(h) But to deprire a veteran of his rel. Fallon v. Wright, above. See L.
employment by the abolition of his 1896, ch. 821.
position, the abolition must be real (0) The failure of a person to assert
and substantial, and not formal and the privilege conferred by this statute
nominal. Where there has been at a time when it should have been
merely a change of the name and a asserted, constitutes a waiver thereof.
devolution of the duties of the office So held, of the failure of a keeper of
upon a new appointee, a dismissal of city prison upon a hearing of charges
a veteran cannot be justified. People to call the attention of the commis:
ex rel. Corrigan v. The Mayor, above.. sioner of correction of his claim to
(2) REMEDIES FOR WRONGFUL RE- the protection of the statute. People
MOVAL. A peremptory mandamus ex rel. O'Brien v. Porter, 90 Hun, 401;
will not be granted to reinstate a S. C., 70 N. Y. State Rep. 271; 35 N. Y.
veteran dismissed, without a hearing Supp. 811.
from an office claimed to have been (p) The courts will not com pel the
abolished. The proper remedy is by reinstatement of a veteran improperly
alternative mandamus, since the removed, who has been guilty of
question whether such office has been laches. People ex rel. Miller v. Jus-
abolished in bad faith is one of fact. tices, 78 Hún, 334; People ex rel.
People ex rel. Vanderhoff v. Palmer, Young v. Collis, 6 App. Div. 468; Peo-
3 App. Div. 389; People ex rel. Cor ple ex rel. Vanderhoff v. Palmer, 15
rigan v. The Mayor, 149 N. Y. 215. Misc. 434; s. C., 36 N. Y. Supp. 833;
S$ 128, 130] BUREAU OF MUNICIPAL STATISTICS.
affi'd in 3 App. Div. 389; S. C., 38 N. relation," as used in the statute, con-
Y. Supp. 651; People ex rel. Harper v. sidered in People ex rel. Conway v.
Adams, 46 N. Y. State Rep. 150; s. C., Barker, 14 Misc. 361; S. C., 35 N. Y.
18 N. Y. Supp. 896; a delay of more Supp. 727; People ex rel. Jones V.
than four (4) months in resorting to Baker, 12 Misc. 389; S. C., 68 State
the courts for relief deemed laches. Rep. 5; 34 N. Y. Supp. 49.
Id.
(v) The veteran statute expressly.
(9) A wilful and wrongful removal excepts positions having a definite
of a veteran is a misdemeanor. Matter term fixed by law, and relates only to
of Vanderhoff, 15 Misc. 434; s. C., 36 positions over which the power of re-
N. Y. Supp. 833.
moval may be exercised at pleasure.
(r) But to be punishable as a misde- Ridenour v. The Board of Education,
meanor, it must appear that the ap- 37 N. Y. Supp. 110. Compare L. 1896,
pointing officer knew, as a matter of ch. 821.
fact, that the person removed was a. (w) The provisions of the act re-
veteran; the mere assertion of a per- quiring notice and a hearing had, be-
son that he is a veteran is not of itself fore a removal, includes also em-
sufficient to charge an appointing ployees paid by the day. People ex
officer with notice of the fact. Peo- Tel. O'Brien v. Cruger, 12 App. Div.
ple v. Wallace, 55 Hun, 149; S. C., 8 N. 541.
Y. Supp. 591; 28 N. Y. State Rep. 654. (Qc) The statute does not apply to a
(s) A veteran wrongfully removed purely personal office, the compensa-
has a cause of action for damages tion of which is paid from private
against the removing official. L. 1896, funds. Sargent v. Gorman, 131 N. Y.
ch. 821; amending L. 1894, ch. 716. 191; S. C., 42 State Rep. 865, rev'g 38
See People ex rel. Fonda v. Morton, State Rep. 780; S. C., 14 N. Y. Supp.
148 N. Y. 156; People ex rel. Conner 481.
v. Brookfield. 2 App. Div. 300.
(y) The veteran statutes are in-
(t) Veteran Acts. APPLICABILITY. tended to refer to civil and adminis-
The veteran acts expressly provide trative officers and do not apply to
that their provisions shall not be con- the removal of judicial officers. So
strued to apply to the position of held, denying the application of a
private secretary or chief clerk or veteran for reinstatement to the posi-
deputy of any official or department, tion of deputy clerk in the city court.
or to any other person holding a con MacDonald v. The Mayor, etc. of N.Y.,
fidential relation to the appointing 32 N. Y. Supp. 280.
officer. See L. 1892, ch. 577, and L. So held, denying an application for
1896, ch. 821.
reinstatement to a position in the dis-
(u) The meaning of the terms “depu trict attorney's office. People ex rel.
ty," " chief clerk”, and “confidential Lyon v. Nicoll, 32 N. Y. Supp. 279.
Bureau of municipal statistics..
$ 128. There shall be a bureau of municipal statistics of The
City of New York, for the purpose of collecting, keeping and
publishing, as hereinafter or otherwise provided by law, such
statistical data relating to the city, as shall be deemed of utility
or interest to the city government or its citizens.
Bureau; how constituted.
: $ 129. The bureau of municipal statistics shall consist of a chief
of the bureau of municipal statistics, of a municipal statistical
commission, and of such assistants to the chief of the bureau, as
may be found necessary for properly carrying on the work of the
bureau.
Chief of bureau to be appointed by the mayor.
$ 130. The chief of the bureau of municipal statistics shall be
MUNICIPAL STATISTICAL COMMISSION. [88 130–135.
appointed by the mayor for a term of four years, and shall, unless
sooner removed, hold office until his successor shall be appointed
and has duly qualified. He shall be ex-officio a member and the
chairman of the municipal statistical commission.
Municipal statistical commission; how constituted.
$ 131. The municipal statistical commission shall consist of not
less than three, nor more than six members, exclusive of the chief
of the bureau of municipal statistics. Such members shall be
appointed by the mayor, and shall be residents of the city. They
shall be appointed with special reference to their qualifications to
give expert advice upon statistical subjects. Their term of office
shall be six years; but the members of the commission first
appointed shall by lot divide themselves into three classes, so
that one-third shall retire at the end of two years, one-third at
the end of four years, and one-third at the end of six years. The
successors to such original commissioners shall be appointed for
the term of six years.
Meetings of commission; quorum.
$ 132. The municipal statistical commission shall meet at such
times as may be convenient, but at least once in each month.
A majority of the commission shall constitute a quorum for the
transaction of business.
Place of meeting.
$ 133. It shall be the duty of the board of estimate and appor-
tionment to provide suitable offices, furniture and appliances for
the use of the bureau of municipal statistics.
1
Compensation of chief of bureau and his assistants, and of the com-
mission.
$ 134. The chief of the bureau of municipal statistics shall
receive an annual salary of three thousand five hundred dollars.
He shall appoint his assistants, and shall fix their salaries with the
approval of the board of estimate and apportionment. The mem-
bers of the municipal statistical commission shall receive no com-
pensation.
Powers and duties of the commission.
$ 135. The municipal statistical commission shall make such
rules and by-laws as may be necessary for the regulation of the
bureau of municipal statistics not in conflict with this act, or with:
SS 135-137]
61
PUBLICATION OF STATISTICS.
any law of this state or of the United States, and shall direct the
general work of the bureau of municipal statistics. The commis-
sion shall devise and carry out plans for the collection and publi-
cation by the bureau of municipal statistics of such statistical
data relating to The City of New York as it may deem advisable
to publish. The head of each department of the city shall, upon
a request from the commission made through the mayor, and
approved by him, transmit to the chief of the bureau of munici-
pal statistics for use by the commission, upon such blanks as may
be provided, or in such other manner as may be deemed conven-
ient by the commission, such statistical data relating to the work
of such department as the commission may call for.
Powers and duties of chief of bureau.
§ 136. The chief of the bureau of municipal statistics shall have
charge of the execution of the plans outlined by the statistical
commission, and shall, under the direction of the commission,
attend to the collection, tabulation and publication of reports
directed to be published by the commission.
Publication of statistics.
$ 137. The bureau of municipal statistics shall publish annually,
volume to be known as the “Municipal Statistics of the City of
New York for the year .” In this volume the statistical
commission shall publish, in so far as it may deem advisable, the
government for the preceding calendar year, and such other sta-
tistical information and facts relating to The City of New York
or its inhabitants as it may deem of general public interest.
Such publication shall contain statistics relating to births, mar-
riages, deaths; to the sanitary condition of the city; to the super-
vision of the water supply, parks, streets, pavements, sewers, and
buildings of the city; to the occurrence of fires; to the adminis-
tration of charities and corrections; to the administration of the
police department; to the judiciary and its various departments
and branches; to crime; to the business and proceedings of the
criminal courts and officers of the city; to the operation of the
license laws; to the children attending school and to the public
schools, to the work of the department of education, and to the
population of the city of school age; to franchises granted to cor-
porations, and whether they shall have been put in use or not;
62
LIMITATION OF EXPENSE. [S$137-138
to municipal revenues and expenditures; to the administration of
the various city departments having charge of the expenditure of
city moneys; to the administration of the tax department, and to
the wealth and indebtedness of the city; and also a general state
ment of the legislative enactments relating to the government of
The City of New York.
Limitation of expense of maintaining the bureau of municipal statistics.
$ 138. The expenses of such publications, and all other expenses
of the bureau of municipal statistics, shall be included in the
annual budget. The total expense of maintaining the bureau of
municipal statistics, including salaries, shall not exceed in any one
year the sum of ten thousand dollars, unless otherwise provided
by the board of estimate and apportionment and the municipal
assembly.
CHAPTER VI.
DEPARTMENT OF FINANCE.
Title 1. THE COMPTROLLER.
2. THE BONDS AND OBLIGATIONS OF THE CITY.
3. THE CHAMBERLAIN.
4. THE SINKING FUNDS.
5. APPROPRIATIONS AND THE BOARD OF ESTIMATE AND
APPORTIONMENT.
6. LEVYING TAXES.
TITLE I.
O
THE COMPTROLLER.
SEC. 149. General duties ; settlement of claims: assent to certain contracts
required ; election ; salary.
150. To appoint deputy comptroller.
151. Bureaus of the finance department.
152. Appointment and bond of receiver of taxes and collector of assess-
ments and arrears.
153. Renewal of bond.
154. Accounts of receiver and collector and their deputies to be examined.
155. Receiver of taxes and collector of assessments and arrears ; where
to keep offices.
156. Receiver of taxes and collector of assessments and arrears may
appoint deputies.
157. Where taxes, assessments and arrears are due and payable.
158. Bond of receiver and collector to be filed.
159. Assessment-lists to be filed.
160. Comptroller to appoint clerks and assistants.
161. Publication of financial statement.
162. Application of certain moneys.
· 163. Dedication of certain lands for markets.
General duties; settlement of claims; assent to certain contracts
required; election; salary.
$ 149. The finance department shall have control of the fiscal
concerns of the corporation. All accounts rendered to or kept
in the other departments shall be subject to the inspection and
revision of the officers of this department. It shall prescribe
64
[$ 149
DEPARTMENT OF FINANCE.
the forms of keeping and rendering all city accounts, and, except
as herein otherwise provided, the manner in which all salaries
shall be drawn, and the mode by which all creditors, officers and
employes of the corporation shall be paid. All payments by or
on behalf of the corporation, except as otherwise specially pro-
vided, shall be made through the proper disbursing officer of the
department of finance, on vouchers to be filed in said depart-
ment, by means of warrants drawn on the chamberlain by the
comptroller, and countersigned by the mayor. The comptroller
may require any person presenting for settlement an account or
claim for any cause whatever, against the corporation, to be sworn
before him touching such account or claim, and when so sworn,
to answer orally as to any facts relative to the justness of such
account or claim. Wilful false swearing before him is perjury,
and punishable as such. He shall settle and adjust all claims in
favor of or against the corporation, and all accounts in which the
corporation is concerned as debtor or creditor; but in adjusting
and settling such claims, he shall, as far as practicable, be gov-
erned by the rules of law and principles of equity which prevail
in courts of justice. The power hereby given to settle and adjust
such claims shall not be construed to give such settlement and
adjustment the binding effect of a judgment or decree, nor to
authorize the comptroller to dispute the amount of any salary
established by or under the authority of any officer or depart-
ment authorized to establish the same, nor to question the due
performance of his duties by such officer, except when necessary
to prevent fraud. The comptroller shall not reduce the rate of
interest upon any taxes or assessments below the amount fixed
by law. No contract hereafter made, the expense of the execu-
tion of which is not by law or ordinance, in whole or in part, to
be paid by assessments upon the property benefited, shall be
binding or of any force, unless the comptroller shall indorse
thereon his certificate that there remains unexpended and unap-
plied, as herein provided, a balance of the appropriation or fund
applicable thereto, sufficient to pay the estimated expense of
executing such contract, as certified by the officer making the
same. But this provision shall not apply to work done, or sup-
plies furnished, not involving the expenditure of more than one
thousand dollars, unless the same is required by law to be done
by contract at public letting. It shall be the duty of the comp-
troller to make such indorsement upon every such contract so
presented to him, if there remains unapplied and unexpended
1
$ 149]
.
DEPARTMENT OF FINANCE.
65
1
11
such amount so specified by the officer making the contract, and
to thereafter hold and retain such sum to pay the expense
incurred until the said contract shall be fully performed. And
such indorsement shall be sufficient evidence of such appropria-
tion or fund in any action. The comptroller shall furnish to each
head of department, weekly, a statement of the unexpended bal-
ances of the appropriation for his department. Wages and sala-
ries, except as otherwise provided in this act, may be paid upon
pay-rolls, upon which each person named thereon shall separately
receipt for the amount paid to such person, and in every case of
payment upon a pay-roll, the warrant for the aggregate amount
of wages and salaries included therein may be made payable to
the superintendent, foreman or other officer designated for the
purpose. The comptroller shall enter into, upon behalf of The
City of New York, any lease authorized by the commissioners of
the sinking fund of property leased to the city. The assent of
the comptroller shall be necessary to all agreements hereafter
entered into by any city officer or department for the acquisition
by purchase of any real estate or easement therein, when such an
agreement involves an obligation to pay or an expenditure of any
money on behalf of the city, and in any proceedings that may
hereafter be had to acquire real estate or hereditaments for or on
behalf of the corporation of The City of New York, before an
award shall be confirmed, imposing an obligation upon the city
to pay any moneys, the comptroller shall have thirty days' notice
in writing, stating before whom and at what time such proceed-
ing will take place. The comptroller of The City of New York
shall be elected and shall hold office as provided in this act, and
he shall receive an annual salary of ten thousand dollars.
L. 1882, ch. 410, SS 123, 52; L. 1896, ch. 877.
(a) By L. 1887, ch. 64, as amended prima facie proved in legal proceed-
by L. 1888. ch. 85, warrants drawn ings by production of receipts, pro-
upon the city treasury, after being vided the same were given at least
audited and signed by the comp six years before the commencement
troller, may be signed by the mayor, of proceedings.
or by either the president of board of (c) The office of comptroller is a con-
aldermen or the chief clerk of mayor, tinuous office, and in a case where the
according to written designation of city is liable for the wrongful act of
the mayor, filed in offices of chamber its officer, the court is not bound to
lain and comptroller ; and such desig- regard a change of incumbents, as the
nation may be revoked by mayor. city is under an obligation to protect
The act further provides that war- the officer against personal harm by
l'ants shall be paid by checks attached furnishing the money necessary to re-
to same, signed by chamberlain, but lieve hin. People ex rel. Dannat v.
Do countersignature of checks by The Comptroller, 77 N. Y. 45.
comptroller shall be necessary.
(d) Money paid by the comptroller
, (b) By L. 1884, ch. 376, payments without authority of law can be re-
by municipal corporations may be covered back in an action by the city.
5
66
[$ 150
TO APPOINT DEPUTY COMPTROLLER.
People v. Fields, 58 N. Y. 491; Wood the mayor cannot be compelled by
v. The Mayor, 73 Id. 558; McGinniss mandamus to countersign a warrant
v. The Mayor, 6 Daly, 416. See Su- for the payment of a debt of the city,
pervisors of Richmond v. Ellis, 59 but that the creditor is relegated to
ÎN. Y. 625.
his remedy by action against the city,
(e) No moneys can be taken from see People ex rel. Green v. The Mavor.
city treasury save by check of the 35 Barb. 653; S. C, 13 Abb. Pr. 374
chamberlain upon warrant of comp- 22 How. Pr. 286. But compare People
troller; and no warrant can be signed ex rel. N. Y. & Harlem R. R. Co., 16
except upon vouchers for the expendi. Abb. Pr. N. S. 219.
ture of the amount named therein. (i) The comptroller cannot be com-
People ex rel. Board of Education v. pelled by mandamus to pay amount
Green, 3 Week. Dig. 225.
of a contract for labor when he de-
(f) A lease signed by the comptrol. nies the validity of the contract, and
ler with his name and official "title, charges that it was illegally made and
and purporting to be made by the that the prices charged are excessive.
“mayor, aldermen, etc., acting by the People ex rel. Guidet v. Green, 66
commissioners of the sinking fund," Barb. 630.
as lessor, is improperly executed and (3) The fire commissioners cannot
void. Carleton V. Darcy, 46 Super. compel the comptroller by mandamus,
(J. & S.) 484.
or otherwise, to pay over to them the
(g) The comptroller cannot refuse funds appropriated for the depart.
to provide means required by a special ment. Fire Commrs. v. Green, 49
statute for a public work, alleging as How. Pr 1.
grounds that the plan prescribed has (2) CLAIMS. The word “claim,"
been departed from, the expenditure as used in this section with reference
is extravagant, and that the work will to examination of person presenting
prove useless. People ex rel. Murphy same, upon comptroller's request, in-
v. Kelly, 76 N. Y. 475; more fully, 5 cludes only claims upon contract and
Abb. N. C. 383.
does not refer to claims arising ex
(h) PAYMENT OF CITY DEBTS CANNOT delicto. See cases cited under 8 261,
BE COMPELLED BY MANDAMUS. That post.
To appoint deputy comptroller.
$ 150. The comptroller shall appoint, and for cause to be stated
in writing and published in the City Record, at pleasure remove,
a deputy comptroller. The said deputy comptroller shall, in
addition to his other powers, possess every power and perform all
and every duty belonging to the office of comptroller, whenever
the said comptroller shall, for reasons to be stated to the mayor
in writing by due written authority, and during a period of time
not extending beyond three months, nor beyond his term of
office, and to be specified in such authority, designate and author-
ize the said deputy comptroller to possess the power and perform
the duty aforesaid, and such designation and authority shall be
duly filed in and remain of record in the department of finance
and in the mayor's office. The said deputy comptroller shall
possess the like authority in case of the disability of the comp-
troller, upon the like designation of the mayor, which shall be
filed and remain of record as aforesaid; but such authority,
derived from a designation from the comptroller or the mayor,
may at any time be terminated in the same manner as it was
created.
L. 1882, ch. 410, 8 124.
§ 151]
BUREAUS OF THE FINANCE DEPARTMENT.
Bureaus of the finance department.
$ 151. There shall be five bureaus in this department:
1. A bureau for the collection of revenue accruing from rents
and interests on bonds and mortgages, and revenue arising from
the use or sale of property belonging to or managed by the city,
and the management of the markets, the stalls or stands in which
shall be rented on permits, to be issued by the comptroller, all of
such permits heretofore or to be hereafter issued to be revocable
by the comptroller for good and sufficient cause, and not other-
wise, which shall be known as the bureau for the collection of
city revenue and of markets. The chief officer of such bureau
shall be called the collector of city revenue and the superintend-
ent of markets.
2. A bureau for the collection of taxes, the chief officer of
which shall be called, the receiver of taxes. He shall receive a
salary at the rate of five thousand dollars per annum.
3. A bureau for the collection of assessments and of such
taxes, assessments and water rents as are in arrears, the chief
officer of which shall be called the collector of assessments and
arrears. He shall receive a salary at the rate of four thousand
dollars per annum.
4. An auditing bureau, which under the supervision of the
comptroller shall audit, revise and settle all accounts in which the
city is concerned, as debtor or creditor, and the chief officers
whereof shall be called auditors of accounts, to be appointed or
removed, as shall be also deputy auditors, at the pleasure of the
comptroller. The number of said auditors and deputy auditors,
as well as their salaries, shall be such as the comptroller shall from
time to time fix and determine. During the absence of either or
any or all of said auditors of accounts, from illness or other cause,
said deputy auditors or any or either of them shall, when and to
the extent he or they may be authorized so to do in writing by
the comptroller, perform the duties and exercise the powers of
either or of any or of all of the said auditors of accounts. The
said auditing bureau shall keep an account of each claim for and
against the corporation, and of the sums allowed upon each, and
certify the same to the comptroller, with the reasons for the
allowance. The comptroller may detail any of such auditors and
deputy auditors as he may deem proper to the borough hall of the
borough of Brooklyn, to the borough hall of the borough of The
Bronx, to the borough hall of the borough of Queens, and to the
borough hall of the borough of Richmond, in addition to such as
ii
68
5
BUREAUS OF THE FINANCE DEPARTMENT[$ 151
TAI
.
may be in the chief office of the comptroller in the borough of
Manhattan. All such accounts arising from local improvements
within the borough of Brooklyn may be audited, revised and set-
tled by the auditor or the auditors of accounts so detailed as
aforesaid by the comptroller in the borough hall of the borough
of Brooklyn. All such accounts arising from local improvements
within the borough of Queens may be audited, revised and settled
by the auditor or auditors of accounts so detailed as aforesaid by
the comptroller in the borough hall of the borough of Queens.
All such accounts arising from local improvements within the
borough of Richmond may be audited, revised and settled by the
auditor or auditors of accounts so detailed as aforesaid by
the comptroller in the borough hall of the borough of Richmond.
And all such accounts arising from local improvements within the
boroughs of Manhattan and The Bronx may be audited, revised
and settled by any of the auditors of accounts in the chief office
of the comptroller in the borough of Manhattan, or, so far as the
borough of The Bronx is concerned, in the office to be located in
the borough hall of the borough of The Bronx, and the auditors
of accounts may have such clerks and assistants, examiners, engi-
neers, inspectors and employes as the comptroller may deem
necessary and proper, to be appointed by the comptroller. The
number of said appointees, and their salaries, shall be fixed and
determined from time to time by the comptroller.
5. A bureau for the reception and safe-keeping of all moneys
paid into the treasury of the city, and for the payment of money
on warrants drawn by the comptroller and countersigned by the
mayor, the chief officer of which shall be called the chamberlain.
L. 1882, ch. 410, $ 125; L. 1885, ch. 498.
SUBD. 1. (a) The comptroller may (d) An audit of a claim arising out
prohibit the slaughtering of poultry in of a contract does not establish the
the public markets, and a rule or validity of the contract so as to estop
regulation to that effect is a reason the city from setting up fraud as a
able exercise of the power of general defense to other claims arising out of
management given by this subdivi. the same contract. Nelson v. The
sion. Lowenstein v. Myers, 49 N. Y. Mayor, 131 N. Y. 4; s. C., 42 N. Y.
State Rep. 807.
State Rep. 492.
(6) As to permits by comptroller to (e) Although the college of the city
occupy places in markets, see L. 1884, of New York is a distinct organization,
ch. 102, and People ex rel. West- the trustees cannot use its funds for
ervelt v. Meyer, 5 N. Y. Supp. 69. other than legitimate purposes, and
(C) SUBD. 4. The audit of a claim when they exceed their authority by
under this section is no bar to the re- sanctioning an unlawful claim, the
covery of a larger sum than was auditor, under this section, can rejecu
allowed by the audit; as the decision it. People ex rel. Burnet v. Jackson,
has not the effect of a judgment or an 85 N. Y. 541 : rev'g 23 Hun, 568.
a wart upon arbitration. Mierson v. (f) Prior to the act ch. 304, L. 1874,
The Mayor, 6 Daly, 74.
consolidating the city and county
$$ 152, 1537 APPOINTMENT AND BOND OF RECEIVER.
69
governments, when a claim against Pr. 192; Same ex rel. Martin v. Earle,
the county of New York had been 16 Abb. Pr. (N. S.) 64. See Same ex
audited and allowed by the board of rel. Brown v. Green, 5 Daly, 194.
supervisors, all the auditor of accounts (g) The comptroller cannot be com-
had to do in reference to such clain pelled by mandamus to draw his war-
was to examine the voucher and see rant on the city treasurer in payment
that it was in proper form; he had no of a claim for services rendered to the
right to revise the action of the super- city, until such claim has been allowed
visors and readjust the claim by re- under this subdivision. People ex
ducing the amount. People ex rel. rel. Smith v. Flagg, 17 N. Y. 584. To
Outwater V. Green, 56 N. Y. 466; same effect, People ex rel. Brown v.
Lanigan v. The Mayor, 70 Id. 454; Green, 56 Id. 476 ; Same, ex rel. Cun-
People ex rel. Kelly v. Haws, 12 Abb.ningham v. Brennan, 18 Abb. Pr. 100.
Appointment and bond of receiver of taxes and collector of assessments
and arrears.
: $ 152. The comptroller shall appoint the receiver of taxes and
the collector of assessments and arrears. The receiver of taxes
and the collector of assessments and arrears before entering upon
the duties of their offices shall each enter into a bond to The City
of New York to be approved by the chamberlain and comptroller
in the penal sum of twenty-five thousand dollars, which bond
shall be conditioned for the faithful performance of the duties of
the office by the officer giving such bond. Every such bond shall
be a lien on all the real estate held jointly and severally by the
said receiver or the said collector executing the same, as the case
may be, or any surety thereto within any of the counties embraced
in The City of New York at the time of the filing thereof, unless
there be named and described in or on any such bond, real estate
in one or more of such counties equal in value to the amount of
said bond and owned by a surety, in which case the said bond
shall be a lien on such real estate so described and upon all the
real estate of the said receiver or collector as the case may be, and
no other, and shall continue to be such lien until the condition
together with all costs and charges which may accrue by the prose-
cution thereof shall be fully satisfied, not to exceed however the
period of ten years after the expiration of the term of the officer
who has given such bond, unless an action thereon has been com-
menced and shall then be pending.
L. 1882, ch. 410, 8 835.
Renewal of bond.
$ 153. If at any time during the continuance in office of the
said receiver of taxes or of any of the deputy receivers of taxes
or of the collector of assessments and arrears or of any of the
deputy collectors of assessments and arrears the comptroller shall
deem any surety of them or either of them to be insufficient, he
70
DISCHARGE OF BONDS AND LIENS. [88 153-155
may require the said receiver or any deputy receiver, or collector
or any deputy collector to enter into a new bond to be approved
in like manner as herein prescribed, within such time as said comp-
troller may direct, not being less than ten days after requiring
such new bond to be given; and in case of the neglect or refusal
of any such officer to furnish such bond within the time so
directed, the comptroller may declare his office vacant.
| L. 1882, ch. 410, $ 836.
Accounts of receiver and collector and their deputies to be examined.
§ 154. Upon the expiration of the term of office of the receiver
of taxes or of any deputy receiver or of the collector of assess-
ments and arrears or of any deputy collector, and within one year
thereafter, it shall be the duty of the comptroller to examine the
accounts of such receiver or collector or deputy, and if found
correct to cause a certificate to that effect to be filed with the
bond of such officer, and such certificate so filed shall be a full
discharge and satisfaction of the conditions of such bond and the
lien or liens thereby created. And if at any time during his con-
tinuance in office any such receiver, collector, or deputy receiver,
or deputy collector shall execute and file with the comptroller a
new bond in the same form and penalty and approved as provided
in section one hundred and fifty-two, it shall be the duty of the
comptroller to examine and adjust the accounts of such receiver
or collector or deputy, to the date of such filing, and, if found
correct, to cause a certificate to that effect to be filed with the
bond or bonds previously filed by such officer, and such certificate
so filed shall be the full discharge and satisfaction of the condition
of such prior bond or bonds and of the lien or liens thereby
created.
L. 1882, ch. 410, 8 837.
Receiver of taxes and collector of assessments and arrears; where to
keep offices.
$ 155. The receiver of taxes and the collector of assessments
and arrears shall each have his chief office in the borough of
Manhattan at such places as shall be, from time to time, by. ordi-
nance of the municipal assembly designated for that purpose.
Each of them shall also have an office in the borough of Brook-
lyn, in the borough of The Bronx, in the borough of Queens and
in the borough of Richmond, at such places in said boroughs as
shall be designated by the municipal assembly.
L. 1882, ch, 410, 8 838.
$$ 150–158]
71
MAY APPOINT DEPUTIES.
Receiver of taxes and collector of assessments and arrears may appoint
deputies.
$ 156. The receiver of taxes and the collector of assessments
and arrears may each appoint the requisite number of deputy tax
receivers and of deputy collectors of assessments and arrears
respectively. Each of them shall take from each deputy so
appointed by him a bond, in such penal sum and with such sureties
as may be approved by him and by the comptroller and chamber-
lain, which bond shall run to the receiver or the collector, as the
case may be, The City of New York and to whom it may con-
cern, and shall be conditioned for the faithful performance of the
duties of such deputy. The receiver of taxes, and his sureties,
shall be liable for the acts and defaults of the deputy receivers so
appointed and the collector of assessments and arrears, and his
sureties, shall be liable for the acts and defaults of the deputy
collectors. Each bond taken in pursuance of the provisions of
this section shall be filed with the comptroller. Each deputy
receiver of taxes shall have all the powers and be subject to all
the duties of the receiver of taxes in respect to the collection and
receipt of taxes, and each deputy collector of assessments and
arrears shall have all the powers and be subject to all the duties
of the collector of assessments and arrears in respect to the collec-
tion of assessments and arrears. The deputy receiver of taxes
and deputy collectors of assessments and arrears shall receive
annual salaries to be fixed by the comptroller in his discretion,
within the limits of the appropriation made therefor.
L. 188, ch. 410, $ 835.
1
A
1
Where taxes, assessments and arrears due and payable.
$ 157. Taxes, assessments and arrears due upon property within
the borough of Manhattan, shall be payable and receivable at the
main offices of the receiver of taxes and of the collector of assess-
ments and arrears, respectively, in said borough. Taxes; assess-
ments and arrears due upon property situated in every other bor-
ough shall be payable at the offices of said receiver of taxes or
collector of assessments and arrears, respectively, in the borough
in which said property is situated.
Bond of receiver and collector to be filed.
$ 158. The bonds given by the receiver of taxes and the col.
lector of assessments and arrears as hereinbefore provided shall be
filed and remain in the office of the comptroller, and true copies
72
[88 158-161
ASSESSMENT LISTS TO BE FILED.
thereof, certified by the comptroller, shall be filed in the office of
the clerk of each of the counties wholly or partly embraced within
The City of New York and shall be public records. In case a
certificate of the adjustment of the accounts of any receiver or
collector be made as hereinbefore provided, a true copy thereof,
certified by the comptroller, shall be filed in each of the offices in
which a copy of the bond of said receiver or collector shall have
been filed.
Assessment-lists to be filed.
$ 159. There shall be kept in the office of the comptroller a
full and complete record, in detail, of all lists of assessments con-
firmed, whether by the supreme court, or the board of revision or
the board of assessors, with the date of confirmation and the date
of entry under such record, which record shall be open to inspec-
tion during office hours, and the same shall be received as pre-
sumptive evidence of the facts therein contained. An assessment
shall become a lien upon the real estate affected thereby, imme-
diately upon its entry in the said record. If any such assessment-
list affects property situated in any borough, other than the
borough of Manhattan, a copy of such list shall forthwith be
transmitted to and filed in the office of the collector of assess-
ments and arrears in the borough in which is situated the prop-
erty so affected.
| L. 1882, ch. 410, 8 885.
Comptroller to appoint clerks and assistants.
$ 160. The comptroller shall appoint as many clerks and assist-
ants to the receiver of taxes and the collector of assessments and
arrears as may be necessary, and shall designate the boroughs in
which they shall respectively perform their duties, and shall,
within the limits of the appropriation therefor, fix their salaries.
Publication of financial statement.
$ 161. It shall be the duty of the comptroller to publish in the
City Record and corporation newspapers, two months before the
election of municipal officers, a full and detailed statement of the
receipts and the expenditures of the corporation during the two
years ending on the first day of the month in which said publica.
tion is made, and the cash balance or surplus; and in every such
statement the different sources of city revenue, and the amount
received from each, the several appropriations made, the obiects
$$ 161-163] DEDICATION OF LANDS FOR MARKETS.
73
for which the same were made, and the amount of moneys
expended under each, the money borrowed on the credit of the
corporation, the authority under which each loan was made, and
the terms on which the same was obtained, shall be clearly and
particularly specified.
L. 1882, ch. 410, 8 126.
1
Application of certain moneys.
$ 162. It shall be lawful for the comptroller to apply the
moneys accruing for interest on the sales of lands in said city for
unpaid taxes, assessments and water rents, or so much thereof as
shall be required, to the account or fund designated “lands pur-
chased for taxes and assessments,” such moneys to be used for
purchases by the corporation at such sales.
| L. 1882, ch. 410, 8 127.
Dedication of certain lands for markets.
$ 163. The lands in the ninth ward of that part of the corpora-
tion heretofore known as the mayor, aldermen and commonalty
of the city of New York, bounded on the north by Bloomfield
street, on the south by Gansevoort street, on the east by West
street and Tenth avenue, and on the west by Thirteenth avenue,
being a portion of the lands heretofore set apart by law for use as
a market place, are hereby dedicated to market purposes, and
shall be used and occupied as such in the manner that may be
designated and prescribed by the commissioners of the sinking
fund, who shall have full power and authority in respect thereto.
Said commissioners of the sinking fund may, in their discretion,
lease said lands to be used for public market purposes for such
term of years, with such covenants, and for such annual rentals,
as in their judgment shall be for the best interests of the city, or
may prepare the same for use as a public market. The block of
ground in said ward bounded on the north by Little Twelfth
street, on the south by Gansevoort street, on the east by Wash-
ington street, and on the west by West street and Tenth avenue,
is hereby declared to be a public market place, and subject to the
provisions of section two hundred and five of this act, shall be
kept for the exclusive use of farmers and market gardeners. The
department of finance shall have sole charge and control of said
public market place and of the wagons employed in the business of
selling farm and garden produce in said city, and shall have
power to make suitable regulations concerning fees, the hours
74
[8 169
CORPORATE STOCK OF THE CITY.
during which the said business shall be conducted, and the general
management of the same.
L. 1882, ch. 410, § 129; L. 1884, ch. 525. See notes under $ 151, aute.
(a) By L. 1888, ch. 540, the commis- for the purpose, and to make suitable.
sioners of the sinking fund were au- regulations for the management of
thorized to select a public marketing the same. See Matter of Cooper, 28
place above Fifty-seventh street and Hun, 515.
east of First avenue, to acquire lands
TITLE 2.
SP
THE BONDS AND OBLIGATIONS OF THE CITY.
SEC. 169. Corporate stock of the city of New York; how issued; provisions as
to bonded indebtedness.
170. Issue of bonds by the city of New York to take the place of bonds
authorized to be issued by laws enacted prior to January 1, 1898.
171. Bonds to be issued in sums of ten dollars or any multiple thereof.
172. Registration of stocks and bonds.
173. Fund for street and park openings.
174. Damages, etc. to be paid from said fund.
75. Replenishment of said fund.
176. Payment of assessments imposed upon the city of New York.
177. Disposition of moneys received from certain assessments.
178. Expenses relating to the water supply; how to be met.
179. Bonds for drains.
180. Expenses of the department of docks and ferries; how met.
181. Assessment bonds.
182. Proposals for bonds and stock hereafter issued or purchased.
183. Expense of restoring street pavements; how met.
184. Redemption of certain bonds payable from collection of assessments.
185. Deficiencies in collections of arrears of assessments; how met.
186. Bonds for state taxes.
187. Revenue bonds; special funds.
188. Special revenue bonds.
Corporate stock of the city of New York; how issued; provisions as to
bonded indebtedness.
$ 169. All bonds issued by The City of New York on and after
January first, eighteen hundred and ninety-eight, in pursuance of
laws already passed or which may hereafter be passed, or in pur-
suance of the provisions of this act, excepting assessment bonds
and revenue bonds, shall be known as “corporate stock of The
City of New York." For the redemption and payment of said
corporate stock and the interest thereon, the faith and credit of
The City of New York shall be and is hereby pledged. Such cor-
porate stock shall be in such form as may be designated by the
comptroller, and shall be signed by the said comptroller and the
$ 169]
BONDED INDEBTEDNESS.
75
mayor of The City of New York, and sealed with the common
seal of The City of New York, and attested by the city clerk.
Such corporate stock shall be in coupon form in sums not less
than five hundred dollars each share, or shall be registered, and
shall be conditioned to be paid in gold coin, or in the legal cur-
rency of the United States, at the option of the commissioners of
the sinking fund, and shall be made redeemable at a period of
not less than ten, nor more than fifty years from the date thereof;
provided, however, that such stock when issued to provide for
the supply of water shall always be issued in the manner provided
by section ten of article eight, of the constitution of the state of
New York. Such corporate stock and all assessment bonds and
revenue bonds, as well as all bonds hereafter to be issued by The
City of New York by virtue of this act or of any other act,
whether general or special, shall be free and exempt from all
taxation, except for state purposes. The interest on such corpo-
rate stock and on all other bonds of the corporation, except
revenue bonds, shall not exceed four per centum per annum, and
shall be made payable quarterly, or semi-annually, in The City of
New York, or at such other place as may be fixed by the said
comptroller at the time of issue of said stock or bonds; provided,
however, that the interest on revenue bonds, issued in anticipation
of the collection of taxes, may be made payable at the date of
the maturity thereof. Corporate stock of The City of New York,
issued in pursuance of laws already passed or which may be here-
after passed, or in pursuance of the provisions of this act, shall
be, unless otherwise provided by this act, issued by the comp-
troller only to the extent to which he may be thereunto author-
ized by resolution of the municipal assembly and the board of
estimate and apportionment adopted by vote as provided for in
this act; provided, however, that wherever by existing provisions
of law, or by the provisions of this act, the commissioners of the
sinking fund may be specifically authorized to provide for the
issue of stock or bonds, said authorization of the comptroller shall
be made by said commissioners instead of the said municipal
assembly and said board of estimate and apportionment, and pro-
vided, further, that whenever the amount of stocks or bonds
required to be issued in pursuance of any law for any one purpose
in any year shall not exceed the sum of one hundred thousand
dollars, the comptroller may issue such bonds when thereunto
authorized by the vote of a majority of the board of estimate and
apportionment.
L. 1882, ch. 410, SS 133, 134.
T
Y
7
76
REGISTRATION OF STOCKS AND BONDS. [SS 170-172
(a) As to limitation of municipal brokers to negotiate them, and to pay
indebtedness, see N. Y. Const., art. such persons the usual commission
VIII, § 10, and cases cited in ap- upon the sale of such securities.
pendix.
Armstrong v. Village of Fort Edward,
(6) It seems that the authority to 84 Hun, 261; S. C., 65 N. Y. State Rep.
issue bonds confers, by implication, 709; 32 N. Y. Supp. 433.
the right to employ bankers or
Issue of stock or bonds by the city of New York to take the place of
bonds authorized to be issued by laws enacted prior to January 1,
1898.
$ 170. Whenever, and to the extent to which, it may be lawful
for the municipal or public corporations or parts thereof, includ-
ing the counties of Kings and Richmond, which by this act are
made part of the corporation of The City of New York, to issue
for public purposes bonds pursuant to laws enacted prior to Janu-
ary first, eighteen hundred and ninety-eight, it shall be lawful for
The City of New York, as hereby constituted, to issue corporate
stock as herein provided for the same purposes; provided, how-
ever, that the amount so to be issued shall not in any one case
exceed the balance remaining unissued of the amount limited to
be issued pursuant to the authority of said laws. In similar
instances assessment bonds and revenue bonds of The City of
New York, as hereby constituted, may likewise be so issued,
subject to the same limitations as to the amount thereof.
11101
Bonds to be issued in sums of ten dollars or any multiple thereof.
$ 171. Whenever it shall be lawful to issue any bonds of The
City of New York, as constituted by this act, the same, when
issued in registered form, may be issued in denominations of ten
dollars or any multiple thereof. Preference shall, as far as prac-
ticable , and without pecuniary disadvantage to the said city of
New York, be given to applicants for the smallest amounts and
smallest denominations of said bonds in issuing the same.
Registration of stocks and bonds.
$ 172. All stocks and bonds heretofore lawfully issued by any
of the municipal or public corporations or parts thereof, which
have heretofore been annexed to or consolidated with the corpo-
ration known as the mayor, aldermen and commonalty of the city
of New York, or which by this act are made part of the corpora-
tion of The City of New York, as hereby constituted, including
the counties of Kings and Richmond, for the payment of the
principal and interest of which The City of New York is liable,
88 172-1731 FUND FOR STREET LA
AND PARK OPENING.
may be registered and must be recorded by the owners thereof in
the comptroller's office in said city, and shall be transferable at
the pleasure of the holder, either in person or by attorney, only
upon the books of the corporation in said office, and subject to
such reasonable rules and regulations as the comptroller may pre-
scribe; such registry and transfer to be endorsed thereon by the
comptroller. Whenever such stocks or bonds have been issued in
coupon form, and whenever hereafter corporate stock of The City
of New York may be so issued, it shall be the privilege of the
holders thereof at any time, subject to such rules and regulations
to convert the same into registered stock or bonds, and the comp-
troller is hereby authorized to issue registered stock or bonds
therefor in the manner and form in which the same would have
been conditioned if originally issued in registered form. The
interest on all such stocks and bonds when so registered shall, as
the same becomes due and payable, be paid in like manner as.
upon other registered stocks and bonds of The City of New
York; and whenever any such stocks or bonds have coupons
attached, the comptroller shall, upon registration thereof, have .
authority to detach all coupons therefrom, and shall thereupon
endorse the fact of such registration, with a reference to this
section.
L. 1882, ch, 410, $ 134.
See L. 1892, vol. 2, ch. 685 (Municipal Law); L. 1895, ch. 350.
Fund for street and park openings.
$ 173: The fund heretofore established and accumulated in the
treasury of the corporation known as the mayor, aldermen and
commonalty of the city of New York, entitled the “fund for
street and park openings,” shall be continued in the corporation
of The City of New York, as hereby constituted. The said fund
for street and park openings shall consist of:
1. Whatever cash balance in said fund may upon January first,
eighteen hundred and ninety-eight, be on deposit in the treasury
of the corporation known as the mayor, aldermen and common-
alty of the city of New York.
2. Whatever cash balances there may be on January first,
eighteen hundred and ninety-eight, in the treasuries or standing
to the credit of the several municipal or public corporations or
parts thereof which by this act are made part of the corporation
of The City of New York, and which said cash balances may be
applicable to the payment of damages awarded by the commis-
14
1
78
DAMAGES TO BE PAID FROM FUND. [S$ 173-174
sioners of estimate and assessment in reports heretofore confirmed
or hereafter to be confirmed in proceedings taken to open any
street, road, avenue, boulevard, public square or place, park or
parkway, or to acquire title to land required for any bridge, tun-
nel or approach thereto, and all the costs and expenses of such
proceedings heretofore or hereafter taxed.
3. Such sums as may be raised by taxation in The City of
New York, and the proceeds of such bonds as may be issued as
by this act provided to meet the expense, in whole or in part, of
any of the objects and purposes in the preceding subdivision of
this section specified.
4. All moneys hereafter collected by The City of New York, as
hereby constituted, for or on account of assessments made and
confirmed and hereafter to be made and confirmed for opening
any street, road, avenue, boulevard, public square or place, park
or parkway, or for acquiring title to land required for any bridge,
tunnel or approach thereto, wholly or partly within the limits of
the several municipal or public corporations or parts thereof, which
by this act, are made part of the corporation of The City of New
York.
See L. 1885, ch. 173; L. 1888, ch. 222.
Damages, etc., to be paid from said fund.
§ 174. From the said fund for street and park openings, and
not otherwise, shall be paid all damages awarded by the commis-
sioners of estimate and assessment in reports hereafter or hereto-
fore confirmed in proceedings taken to open any street, road,
avenue, boulevard, public square or place, park or parkway, or
to acquire title to land required for any bridge, tunnel, or
approach thereto in The City of New York, as hereby constituted,
and all the costs and expenses of such proceedings heretofore or
hereafter taxed. The person or persons to whom awards shall be
made in such proceedings, wherein reports are or have been con-
firmed, and the person or persons in whose favor costs and
expenses may be or have been taxed, shall not have an action at
law against The City of New York for such awards, costs or
expenses, but may require the officers of said city to raise, as
hereafter provided, the money necessary to enable the comptroller
to pay such awards, costs and expenses from the said fund, and
thereafter compel the payment of such damages, costs and
expenses from such fund. Whenever the amount of the damages
awarded in any report, together with the costs of the commission-
SS 174-175]
79,
REPLENISHMENT OF FUND.
ers and the charges and expenses, shall exceed the balance remain-
ing in said fund after deducting all outstanding claims against
said balance, the comptroller is authorized to raise by the issue
and sale of revenue bonds such amounts as shall be necessary to
pay such damages, costs and expenses; provided, however, that
in each and every case in which by virtue of any existing statute
or any statute hereafter enacted, or by virtue of any act or reso-
lution heretofore or hereafter adopted by any board or body pur-
suant to any statute, the whole or any portion of the awards.
made in any proceeding, and of the costs and expenses thereof,
are payable out of the fund for street and park openings and are
not to be assessed upon the property benefited, but are to be
borne and paid by The City of New York, the board of estimate
and apportionment may, in its discretion, by a majority vote,
direct that the amount so to be borne and paid by said city of
New York shall be raised by the issue and sale of corporate stock
of The City of New York, and the comptroller shall thereupon
issue and sell said stock at such times and in such amounts as.
may be necessary, and shall pay the proceeds thereof into said
fund for street and park openings.
See L. 1885, ch. 173; L. 1888, ch. 222.
Replenishment of said fund.
$ 175. The corporation counsel shall furnish to the board of
estimate and apportionment in each year, at the time of making
the estimate for the ensuing year, a list of all reports confirmed
for the twelve preceding months with a statement of the amount
of awards and costs taxed in each proceeding. The comptroller
shall at the same time furnish to the said board, statements of the
amount of such awards and costs already paid, and of the amounts.
due for awards and costs payable from the said fund and still
unpaid, and of the amounts of revenue bonds then outstanding,
issued in pursuance of the last preceding section, and of the bal-
ance in the treasury to the credit of the said fund. The munici-
pal assembly and the said board shall thereupon include in the
annual budget for the ensuing year a sum sufficient, with such
balance, to pay all claims for the awards and costs in all proceed-
ings in which reports shall have been prior to that time con-
firmed, and which awards shall not then have been paid, and also
a sum sufficient to pay and discharge the revenue bonds then out-
standing and issued in pursuance of the last preceding section.
See L. 1885, ch. 173; L. 1888, ch. 222.
80
[S$ 176–178
EXPENSES OF WATER SUPPLY.
Payment of assessments imposed upon the city of New York.
$ 176. It shall be the duty of and lawful for the comptroller
when thereto authorized by the municipal assembly and the board
of estimate and apportionment to issue such amounts of the cor-
porate stock of The City of New York as shall be necessary to
provide the funds to enable said comptroller to pay any and all
assessments and expenses imposed, or that may hereafter be
imposed upon The City of New York, by reason of the laying
out, opening, regulating and grading or improving any and all
streets, roads, avenues, public parks, squares or places, and out of
the proceeds of said stock to pay such assessments and expenses.
| L. 1882, ch. 410, 8 139.
Disposition of moneys received from certain assessments.
$ 177. The moneys collected upon the assessments laid by the
commissioners of estimate and assessment, appointed in pur-
suance of sections six hundred and seventy to six hundred and
seventy-eight inclusive of chapter four hundred and ten of the
laws of eighteen hundred and eighty-two, as amended, shall be
applied toward the payment of the fund or stock authorized by
section one hundred and forty of chapter four hundred and ten of
the laws of eighteen hundred and eighty-two, or to the payment
of said awards and expenses, if received before the issue of said
fund or stock.
L. 1882, ch, 410, 8 140.
Expenses relating to the water supply; how to be met.
$ 178. It shall be the duty of the comptroller, and he is hereby
authorized and directed when thereto authorized by the munici-
pal assembly and the board of estimate and apportionment, on
requisition of the commissioner of water supply, to raise, from
time to time, on the issue of corporate stock of The City of New
York, amounts of money sufficient to pay the sums which may
be necessary from time to time to be paid for the acquisition of
any real estate, or for the extinguishment of any right, title of
interest therein to be acquired or extinguished under the provi-
sions of the laws relating to the supply of water to the city,
together with all expenses necessarily incurred in surveying, locat-
ing and acquiring title to such real estate, or extinguishing claims,
for damages thereto; and also all such sums as, from time to time,
may be found necessary for the construction of aqueducts, reser-
voirs, dams, sluices, canals and appurtenances; and all such pay-
88 179, 180] EXPENSES OF DOCKS AND FERRIES.
81
1
ments shall be made by the comptroller on the certificate of the
commissioner of water supply; provided, however, that the
amount so raised shall not in any one year exceed the limitations
which, by law, may be or may have been imposed as to the
amount of expenditure to be made therefor.
L. 1882, ch. 410, 8141.
Bonds for drains.
$ 179. It shall be the duty of the comptroller, when thereto
authorized by the board of estimate and apportionment, to issue
assessment bonds in behalf of The City of New York, to an
amount sufficient to raise the sum necessary to pay any damages
that may from time to time be awarded to the owners of lands for
the right of way required for drains and for the expense of plans
and surveys and the fees of commissioners. The proceeds of
such bonds shall be paid into the street improvement fund, from
which fund payments as aforesaid shall be made, and assessments
collected on account thereof shall be paid into said street improve-
ment fund.
L. 1882, chi 410, 8 142.
Expenses of the department of docks and ferries; how met.
$ 180. The comptroller shall, from time to time, when directed
by the commissioners of the sinking fund, issue corporate stock
of The City of New York for the purpose of raising the money
necessary to carry out the provisions of title one of chapter six-
teen of this act, relating to the department of docks and ferries,
its powers and duties. Not more than three million dollars of
such stock shall be issued in any one year; provided, however,
that there may also be issued an additional amount of such stock,
equal to the balance remaining unissued of the amount of dock
bonds authorized to be issued by the provisions of chapter two
hundred and forty-six of the laws of eighteen hundred and ninety-
six. The moneys received from sales of such stocks shall be
deposited in the treasury of the city and shall be drawn out and
paid by the comptroller of said city for the several objects and
purposes provided in said title, relating to the said department,
its powers and duties, upon the requisition of the board of docks
countersigned by the commissioners of the sinking fund. The
expenses and compensation of said board, its rents, the compensa-
tion of its appointees, the purchase money and damages awarded
upon the acquisition of private property, the payments under the
82
[$$ 180–181
ASSESSMENT BONDS.
contracts authorized in said title and for work performed under
the same, and all other expenses and disbursements necessarily
incurred in carrying out the said provisions of said title in keep-
ing, maintaining, repairing, building and rebuilding the wharves
belonging to the said corporation, in dredging and cleaning slips,
shall be paid out of said moneys in the manner above provided.
L. 1882, ch. 410, $ 143.
(a) The requisition of the board of quired. Whether the vouchers for
docks upon the comptroller for payment, provided by section 149 are
moneys realized from sale of dock required, query. People ex. rel. Ag.
bonds should state the general pur- new v. Green, 65 Barb. 505.
poses for which the moneys are re-
Assessment bonds.
§ 181. It shall be lawful for the comptroller, when authorized
by the board of estimate and apportionment to issue assessment
bonds, at not less than par, for such periods as said comptroller
may determine, not exceeding ten years, and bearing interest at
a rate not exceeding four per centum per annum, to provide the
means necessary to pay all expenses incurred or to be incurred on
account of regulating and paving streets, building sewers, and all
other work ordered to be done by contract, by virtue of ordi-
nances which may be hereafter passed by the municipal assembly
of The City of New York, the expense whereof is to be collected
by assessment from the property benefited by said work or works,
or on account of any local improvement or other public work
heretofore made or performed, or that shall hereafter be made or
performed under and by virtue of the authority of any law in all
cases in which the said expense is to be paid in whole or in part
by assessment upon the property benefited. No moneys shall be
paid out of the proceeds of said bonds on account of any contract
hereinbefore referred to, until a copy of said contract has been
filed with the comptroller of said city by the head of the depart-
ment or board having such work in charge, and also a certificate
in writing from the head of such department or board, stating
that a payment is due, and the amount of such payment. On
work contracted for subsequent to May seventh, eighteen hundred
and seventy-two, or hereafter contracted for, no interest shall be
charged on the monthly or other intermediate payments to any
contractor, and thirty per centum, and no more, shall be reserved
from the amount or value of work specified and certified from
time to time to the comptroller of said city, by the proper officer,
to have been done by any contractor; and such reserved thirty
88 181-182] PROPOSALS FOR BONDS AND STOCK."
f
1
per centum shall be paid to such contractor on or before the
expiration of thirty days from the completion and acceptance of
the work. The fund heretofore created by the corporation
known as the mayor, aldermen and commonalty of the city of
New York, known as the “street improvement fund,'' shall be
continued, and into such fund shall be paid the proceeds of the
sale of assessment bonds as by this section authorized, and of such
bonds as may by other provisions of law be authorized to be
issued for similar purposes within the territory of The City of
New York, as hereby constituted, and for the payment of the
expense of which the said city may, in the first instance, become
liable, as well as the cash balances of assessments already col-
lected, or to be hereafter collected, on account of similar contracts
duly entered into by the proper authorities of the several munici-
pal or public corporations, or parts thereof, which by this act are
consolidated with the corporation known as the mayor, aldermen
and commonalty of the city of New York.
L. 1882, ch. 410, 8 144.
Ty
Proposals for bonds and stock hereafter issued or purchased.
$ 182. Whenever any bonds or stocks shall be hereafter issued,
other than revenue bonds, or such bonds and stocks as may be
purchased for investment by the commissioners of the sinking
fund, the comptroller shall invite proposals therefor by public
advertisement, for not less than ten days, and shall award the
same to the highest bidder or bidders therefor; provided, that no
proposals for bonds or stocks shall be accepted for less than the
par value of the same; and said proposals shall only be publicly
opened by the comptroller, in the presence of the commissioners
of the sinking fund, or such of them as shall attend. Every bid-
der, as a condition precedent to the reception or consideration of
his proposal, shall deposit with the comptroller a certified check,
drawn to the order of said comptroller upon one of the state or
national banks of the said city, or a sum of money; such check
or money to accompany the proposal to an amount to be fixed
by the comptroller not exceeding two and one-half per centum of
the amount of the proposal. Within three days after the deci-
sion as to who is or are the highest bidder or bidders, the comp-
troller shall return all deposits made to the persons making the
same, except the deposit made by the highest bidder or bidders,
and if the said highest bidder or bidders shall refuse or neglect,
within five days after service of written notice of the award to
84
REDEMPTION OF BONDS. [SS 182–185
him or them, to pay to the city chamberlain the amount of the
stocks or bonds awarded to him or them at their par value,
together with the premium thereon, less the amount deposited by
be forfeited to and retained by said city as liquidated damages
for such neglect or refusal, and shall thereafter be paid into the
sinking fund of The City of New York for the redemption of the
city debt.
| L. 1882, ch. 410, $ 146; L. 1888, ch. 583, tit. IV, $ 3.
Expenses of restoring street pavements; how met.
§ 183. The moneys which the comptroller is authorized to pay
pursuant to the provisions of section five hundred and twenty-five
of this act shall be obtained by him from time to time, as may
be necessary, by the sale of assessment bonds as provided by sec-
tion one hundred and eighty-one of this act. The money col-
lected pursuant to the provisions of said section five hundred and
twenty-five shall be set apart, when collected, as a trust fund, and
applied to the redemption of the principal and interest of said
bonds.
L. 1882, ch. 410, 8 147.
Redemption of certain bonds payable from collection of assessments.
§ 184. If at any time hereafter the amount in the treasury of
the city derived from collection of assessments shall be insufficient
to meet and pay, when they become due and payable, any bonds
issued by The City of New York, as hereby constituted, or any
bonds heretofore issued by any of the municipal or public corpo-
rations or parts thereof hereby consolidated into The City of
New York, for expenditures incurred on public improvements,
payable in whole or in part from assessments, then it shall be
cipal assembly and the board of estimate and apportionment, to
issue corporate stock of The City of New York for an amount
sufficient to pay the bonds so falling due as aforesaid; or the
comptroller may, in his discretion, for such purpose, issue assess-
ment bonds in the manner provided by section one hundred and
eighty-one of this act.
L. 1882, ch. 410, 8 149.
Deficiencies in collections of arrears of assessments; how met..
§ 185. The comptroller is hereby authorized to issue from time
$S 185-187] BONDS FOR STATE TAXES.
85
to time assessment bonds in the manner provided by section one
hundred and eighty-one of this act, to provide such amounts as
inay be required to meet the deficiencies caused by delay in col-
lecting arrears of assessments; the aggregate amount so issued not
to exceed at any time the aggregate amount of said arrears then
outstanding.
L. 1882, ch. 410, 8 150.
Bonds for state taxes.
$ 186. For the purpose of enabling The City of New York to
make payment of the quota of state taxes which may be imposed
upon, and chargeable to, the said city and the counties wholly
comprised therein, and the part of Queens county included in
said city, at the same time or times that other counties of this
state are or may be required to make payment by law, the comp-
troller is hereby authorized and required, unless the money for
the payment of the same shall have been otherwise provided, to
issue revenue bonds for such amounts as may from time to time
become necessary to meet such quota of the state taxes, and
from the proceeds thereof, to pay to the state treasurer the
amount of taxes which the comptroller of the state shall have
apportioned according to law, and which may be required to be
paid in pursuance of such apportionment to the state by The
City of New York and said counties and said part of Queens
county, at such times.
L. 1882, ch. 410, 8 153.
(a) Mandamus is the proper remedy ated by the board of estimate and
to compel the comptroller to perform apportionment for that purpose. Mat-
his duty of paying into the state treas. ter of Attorney-General, 58 Hun, 218;
ury the city's quota of the state taxes, S. C., 34 N. Y. State Rep. 284 ; 12 N.,
if he neglects or refuses so to do. Y. Supp. 754
People v. Myers, 50 Hun, 483; affi'd. (d) The failure of the comptroller
in 112 N. Y. 676.
to issue and negotiate bonds for the
(6) The city of New York is not a payment of the state tax will render
necessary party to such a proceeding. the city liable for interest on the un-
People v. Myers, ante.
paid taxes from the time they should
(C) Mandamus will lie to compel have been paid into the state treasury.
the comptroller to issue bonds for the People v. Myers, 138 N. Y. 590; S. C.,
payment of the state tax, not with 53 N.Y. State Rep 302 ; affi'g 66 Hun.
standing that the city's quota of such 167; S. C., 48 N. Y. State Rep. 880; 21
tax is in excess of the sum appropri- N. Y. Supp. 79.
Revenue bonds; special funds.
§ 187. The comptroller is authorized to borrow, from time to
time, on the credit of the corporation, in anticipation of its reve-
nues, and not to exceed in amount the amount of such revenues,
such sums as may be necessary to meet expenditures under the
appropriations for each current year. Such amounts shall be
86
[SS 187-188
SPECIAL REVENUE BONDS..
I
obtained by the issue of revenue bonds, which shall be redeemed
out of the proceeds of the tax levy in anticipation of the collec-
tion of which such bonds were issued. Whenever the comptroller
may be authorized by the provisions of this act, or by laws here-
tofore or hereafter enacted, to issue revenue bonds for purposes
other than to meet expenditures under the appropriations for
each current year, such revenue bonds shall be redeemed out of
the tax levy for the year next succeeding the year of their issue,
and the necessary appropriation therefor shall be made by the
municipal assembly and the board of estimate and apportionment
in the budget for such year. Such last mentioned bonds may be
designated and known as “Special revenue bonds." Cash bal-
ances of special funds in the treasuries or to the credit of the sev-
eral municipal or public corporations or parts thereof, including
the counties of Kings and Richmond, hereby consolidated with
the mayor, aldermen and commonalty of the city of New York
shall be transferred by the comptroller to like special funds of
The City of New York, where such exist; and such special funds
shall thereupon be liable for payments which would otherwise
have been made out of the funds so transferred. Where no simi-
lar funds exist in the treasury or to the credit of The City of New
York, such special fund shall be, so far as practicable, adminis-
tered in the same manner as they would have been administered,
if this act had not been passed. Whenever, within two years
after the passage of this act, it shall appear that the charges and
liabilities of any such special fund exceed the available assets
thereof, it shall be lawful for the board of estimate and apportion-
ment, upon the written request of the comptroller, to authorize
the issue of revenue bonds or assessment bonds or corporate stock
of The City of New York, for the purpose of supplying such
deficiency.
L. 1882, ch. 410, SS 154, 155.
Special revenue bonds.
$ 188. The comptroller is authorized to issue special revenue
bonds to provide the means necessary to make payments for the
following purposes:
1. The expenses necessarily incurred in condemning unsafe
buildings as provided by section five hundred and eleven of chap-
ter four hundred and ten of the laws of eighteen hundred and
eighty-two.
2. Amounts audited by the board of estimate and apportion-
ment pursuant to section two hundred and thirty-one of this act.
§ 194]
87
CHAMBERLAIN; How APPOINTED.
3. Such amounts as may be necessary to pay judgments recov-
ered against the corporation.
4. The amount appropriated in pursuance of section two hun-
dred and thirty-six of this act in those cases in which the appro-
priations are made after the final passage of the annual appropria-
tion and the certification to the municipal assembly of the amount
to be raised.
5. The amount necessary to defray the expense of supplying
water meters as authorized by section four hundred and seventy-
five of this act.
6. To provide for deficiencies in the fund for street and park
openings as provided in section one hundred and seventy-four of
this act.
7. To provide for the payment of claims, charges, expenses and
appropriations which have been or may be hereafter by law spe-
cifically imposed upon The City of New York, as hereby consti-
tuted, and the several counties wholly included within its limits
by the legislature, and for which no other provision for payment
has been made.
8. To provide for the payment of expenses authorized by the
concurrent vote of all the members of the board of estimate and
apportionment upon a joint resolution requesting such authoriza-
tion, adopted by the affirmative vote of three-fourths of all the
members elected to each branch of the municipal assembly; pro-
vided, however, that the amount thus issued shall not in any one
year exceed two hundred and fifty thousand dollars.
9. To meet and pay the expenses incurred pursuant to the pro-
visions of sections eleven hundred and seventy-seven and eleven
hundred and seventy-eight of this act.
L. 1882, ch. 410, SS 157, 159, 161.
TITLE 3.
THE CHAMBERLAIN.
SEC. 194. How appointed; bond.
195. Duties; accounts of, to be examined by commissioners of accounts.
196. Public moneys; where to be deposited; salary of chamberlain,
197. Certain sections of code of civil procedure respecting moneys paid
into court applicable.
198. Fees.
How appointed; bond.
194. The chamberlain shall be appointed in the same
manner as heads of departments, and shall hold his office for four
88
[SS 194-195
DUTIES OF CHAMBERLAIN.
years, unless sooner removed, as herein provided. He shall,
within ten days after receiving notice of his appointment and
before he enters upon his office, give a bond to the people of the
state of New York in the sum of three hundred thousand dollars,
with not less than four sufficient sureties to be approved by the
comptroller, conditioned that he will faithfully discharge the
duties of his office and all trusts imposed on him by law in virtue
of his office. Such bond shall be deemed to extend to the faith-
ful execution of the duties of the office until a new appointment
shall be made and confirmed, and the person so appointed enters
upon the performance of his duties. In case of any official mis-
conduct or default on the part of such chamberlain, or his subor-
dinates, an action upon such bond may be begun and prosecuted
to judgment by the attorney-general, or by the city, which shall,
after first paying therefrom the expenses of the litigation, cause
the proceeds of such judgment to be distributed as shall be lawful
and equitable among the persons and.objects injured or defrauded
by such official misconduct or default of said chamberlain, or any
of his subordinates.
L. 1882, ch. 410, $ 163.
(a) The liabilities of the city cham- 81 N. Y, 398; affi'g 17 Hun, 520; S. C.,
berlain as to investment of money 8 Abb. N. C. 92.
paid into court, with reference to rule (6) Chamberlain not personally re-
180 of the former Court of Chancery, sponsible for loss arising from invest-
and the rules of the Supreme Court, ' ment by his predecessor. Manolt v.
determined. Chesterman v. Eyland, Odell, 4 Week. Dig. 536.
Duties; accounts of, to be examined by commissioners of accounts.
$ 195. Said chamberlain shall exhibit to the municipal assem-
bly, at its first meeting in the month succeeding that in which he
enters upon the execution of his office, an exact statement of the
balance in the treasury to the credit of the city, with a summary
of the receipts and payments of the treasury during the preceding
year, and since the last preceding report required by law, if more
than a year shall have elapsed since such report. He shall receive
all moneys which shall from time to time be paid into the treasury
of the city. He shall deposit all moneys which shall come into
his hands on account of the city on the day of the receipt thereof,
or on the business day next succeeding, in such banks and trust
companies as shall have been designated as deposit banks in pur-
suance of the next section; but no amount shall be on deposit at
any one time in any one bank or trust company exceeding one-
half of the amount of the capital and net surplus of such bank or
11
§ 195]
89
DUTIES OF CHAMBERLAIN,
.
trust coinpany. The money so deposited shall be placed to the
account of the chamberlain, and he shall keep a bank book, in
which shall be entered his accounts of deposit in, and moneys
drawn from the banks and trust companies in which the deposits
shall be made. The said banks and trust companies shall, respec-
tively, transmit to the comptroller a weekly statement of the
moneys which shall be received and paid by them on account of
the city treasury. The chamberlain shall pay all warrants drawn
on the treasury by the comptroller and countersigned by the
mayor, or the chief clerk of the mayor when empowered by the
mayor in writing so to do, and no moneys shall be paid out of
the treasury except on the warrant of the comptroller so counter-
signed. No such warrant shall be signed by the comptroller or
countersigned by the mayor, except upon vouchers for the expen-
diture of the amount named therein, examined and allowed by
an auditor of accounts, approved by the comptroller, and filed in
the department of finance, except in the case of judgments, in
which case a transcript thereof shall be filed, nor except such
warrant shall be authorized by law or by ordinance, and shall refer
to the law or ordinance, and to the appropriation under and from
which it is drawn. "The chamberlain shall not draw any moneys
of the city treasury from said banks or trust companies unless by
checks subjoined and attached to such warrants and subscribed
by him as chamberlain and no moneys shall be paid by either of
the said banks or trust companies on account of the treasury
except upon such checks. The chamberlain shall exhibit his
bank book to the comptroller on the first Tuesday of every
month, and oftener when required. The accounts of the cham-
berlain shall be annually closed on the last day of November, and
shall be examined in the month of December in each year by the
commissioners of accounts. Such commissioners shall examine
the accounts and vouchers of all moneys received into and paid
out of the city treasury during the year ending on the last day of
November next preceding such examination, and shall certify and
report to the mayor and municipal assembly in the following
month of January the amount of moneys received into the treas-
ury during such year, the amount of moneys paid out during the
same period by virtue of warrants drawn on the treasury by the
comptroller, the amount of moneys received by the chamberlain
who shall be in office at the time of such examination, if he
entered upon the execution of his duties since the last preceding
report, the balance in the treasury on the last day of November
TNY
jad
90
PUBLIC MONEYS; WHERE DEPOSITED. [S$ 195–196
7
preceding such examination, the amount of moneys borrowed for
or on the credit of the city during such year, and the amount of
the bonds of the city issued during such year, with the purposes
for which and the authority under which such bonds were issued.
Such commissioners shall also compare the warrants drawn by the
comptroller on the treasury during the year ending on the last
day of November preceding such examination, with the several
laws and ordinances under which the same shall purport to have
been drawn, and shall in like manner certify and report whether
the comptroller had power to draw such warrants; and if any.
shall be found which, in their opinion, he had no power to draw,
they shall specify the same in their report, with their reasons for
such opinion.
L. 1882, ch. 410, 8 164 ; L. 1885, ch. 78.
YTYY
Public moneys; where to be deposited; salary of chamberlain.
§ 196. The said chamberlain and mayor and comptroller shall,
by a majority vote, by written notice to the comptroller, designate
the banks or trust companies in which all moneys of The City of
New York shall be deposited, and may, by like notice in writing,
from time to time change the banks and trust companies thus
designated; but no such bank or trust company shall be desig-
nated unless its officers shall agree to pay into the city treasury
interest on the daily balances at a rate to be fixed by the mayor
and chamberlain and the said comptroller of The City of New
York, by a majority vote, which rate shall be so fixed quarterly,
on the first days of February, May, August and November in
each year, according to the current rate of interest upon like bal-
ances deposited in banks and trust companies in The City of New
York by private persons and corporations. The said chamberlain
shall keep books showing the receipts of moneys from all
sources, and designating the sources of the same, and also show-
ing the amounts paid from time to time on account of the several
appropriations, and no warrants shall be paid on account of any
appropriation after the amount authorized to be raised for that
specific purpose shall have been expended. The said chamber-
lain shall once in each week report in writing to the mayor and to
the comptroller all moneys received by him, the amount of all
warrants paid by him since his last report, and the amount
remaining to the credit of the city. The chamberlain shall
receive the sum of twelve thousand dollars annually, and no
more, for his services as chamberlain of said city, and as county
SS 196–198]
FEES OF CHAMBERLAINS
91
.
treasurer of the county of New York, in lieu of all salary and of
all interest, fees, commissions and emoluments; and all such in-
terest, fees, commissions and emoluments shall be accounted
for and paid over by him to the city treasury, except that the
commissions or compensation provided by law, and received by
him for receiving and paying over the state taxes, and all interest
which accrue on deposits shall be paid by him to the commission-
ers of the sinking fund. He may appoint and remove at pleas-
ure, deputy chamberlains, and such clerks and assistants as may
be necessary, whose salaries, together with all the expenses of his
office, shall be paid by The City of New York when fixed by him
and approved by the municipal assembly and the board of esti-
mate and apportionment.
L. 1882, ch. 410, $ 165 ; L. 1885, ch. 78, 8 2.
i
VY
Certain sections of code of civil procedure respecting moneys paid into
court applicable.
$ 197. Each provision of title three of chapter eight of the code
of civil procedure, relating to a county treasurer, applies to the
chamberlain, with respect to money paid into court, in an action
triable in The City of New York, as hereby constituted, or with
respect to money, or a bond, mortgage, or other security, or
public stock, representing money paid into court, except where
special provision, with respect to the same, is otherwise made by
law.
L. 1882, ch. 410, § 167; Code Civ. Pro., $ 754.
Fees.
§ 198. The chamberlain is entitled, for the services specified in
this section, to collect for, and on behalf of the city the following
fees: For receiving money paid into the court, one-half of one
per centum upon the sum so received. For paying out the same,
one-half of one per centum upon the sum so paid out. For
investing money, pursuant to the direction of the court, one-half
of one per centum upon the sum invested, not exceeding two
hundred dollars, and one-quarter of one per centum upon the
excess over two hundred dollars. For receiving the interest
upon an investment, and paying the same to the person entitled
thereto, one-half of one per centum upon the interest so received
and paid. All of said fees when collected by said chamberlain
shall be paid by him into the city treasury as provided in section
one hundred and ninety-six of this act.
L. 1882, ch. 410, § 168. Code Civ. Proc., 8 3321.
11
92
[$ 204
COMMISSIONERS OF SINKING FUND.
TITLE 4.
ou,
THE SINKING FUND..
SEC. 204. Commissioners of sinking fund. How constituted.
205. Powers
206.- The sinking fund of the city of New York.
207. Sinking funds for redemption purposes to be continued.
208. Sinking funds created pursuant to constitutional requirements;
water sinking fund of the city of New York.
209. Sinking funds for the payment of interest.
210. Disposition of certain moneys received for local improvements.
211. Funds and revenues pledged to redemption of city debt.
212. Sinking fund for the redemption of the city debt not to be alienated.
or impaired.
213. Commissioners may call in bonded debt; consolidated stock of the
city of New York; lien of on sinking fund for the redemption of
the city debt.
214. Preferred bonds and stocks to be paid from sinking fund for the re-
deinption of the city debt.
215. Disposition of certain assessments for local improvements.
216. Alteration of rates prohibited.
217. Applications for leases for public purposes; statement by comp-
troller.
218. Cession of certain lands to federal government to improve Harlem.
river.
219. Certain duties of commissioners relative to docks, piers, etc.
220. Sale of public lands at auction.
Commissioners of the sinking fund; how constituted.
$ 204. There shall be a board of commissioners of the sink-
ing fund composed of the mayor, comptroller, chamberlain,
president of the council, and chairman of the finance committee
of the board of aldermen, with all the powers and duties now
assigned, designated and reposed by law or ordinance in the com-
missioners of the sinking fund of the city of New York, as here-
tofore constituted, of the city of Brooklyn and of Long Island:
City, or the officers entrusted with similar powers and duties in
any of the municipal or public corporations or parts thereof,
including the counties of Kings and Richmond, hereby consoli-
dated with the mayor, aldermen and commonalty of the city of
New York, except as otherwise provided by this act. The said
board shall administer each of the said several sinking funds, and
perform, carry out and exercise the several trusts, powers, obliga-
tions and duties relating thereto, in the same manner as the same
would have been administered, performed, carried out and exer-
cised if this act had not been passed, except as otherwise provided
SS 204-2057 COMMISSIONERS OF SINKING FUND; POWERS. 93
in this act. The assets and accounts of each of said sinking funds
shall, except as hereinafter otherwise provided, be kept separate
and distinct, and the same shall in all respects be administered as
independent trusts, subject to and governed by the several pro-
visions of law or ordinance heretofore relating thereto, with the
intent and purpose of preserving inviolate the rights of holders of
bonds and stocks heretofore issued by any of the municipal and
public corporations or parts thereof hereby made part of The City
of New York, including the counties of Kings and Richmond.
| L. 1882, ch. 410, 8170 ; L. 1888, ch. 583, tit. 4.
Powers.
§ 205. The said board shall, except as in this act otherwise
specifically provided, have power to sell or lease for the highest
marketable price or rental at public auction or by sealed bids,
and always after public advertisement and appraisal under the
direction of said board, any city property except parks, wharves
and piers and land under water, but not for a term longer than
ten years nor for a renewal for a longer period than ten years.
But if said property be market property, excepting the market
between Sixteenth and Seventeenth streets east of Avenue C, the
market in Gouverneur slip and the market in Old slip, it shall not
be sold or leased unless under a condition that the purchaser or
lessee thereof shall maintain said market property as and for the
purposes of a public market for at least ten years from and after
such sale or lease, and under due ordinances of the municipal
assembly or the department of health or under stipulations in the
deed of sale or lease, unless otherwise ordered by the commission-
ers of the sinking fund and the municipal assembly. The pro-
ceeds of said sale or leasing shall on receipt thereof, after paying
necessary charges, be immediately paid to the credit of the sink-
ing fund of The City of New York for the redemption of the city
debt. The provisions of existing laws or ordinances relative to
the investment of moneys and assets of the several sinking funds
hereby made subject to the control of the commissioners of the
sinking fund, as hereby constituted, in bonds, stocks or obliga-
tions of the municipal or public corporations or parts thereof
hereby consolidated into The City of New York, including the
counties of Kings and Richmond, shall hereafter apply to invest-
ment thereof in the bonds and stock of the corporation of The
City of New York, issued on and after January first, eighteen
hundred and ninety-eight; provided, however, that such bonds or
11
94
COMMISSIONERS OF SINKING FUND; POWERS. [5 205
stocks shall not thereupon or thereafter be canceled, except. as
herein otherwise specifically provided, but the same shall upon
their maturity be paid off, liquidated or discharged in the same
manner as they would be if held by private creditors. It shall
be lawful for the commissioners of the sinking fund in their dis-
cretion, and they are hereby empowered in such discretion, to
cancel from time to time, but not before maturity, bonds and
stocks of any of the municipal and public corporations or parts.
thereof forming part of the corporation of The City of New York,
as hereby constituted, and of the counties of Kings and Rich-
mond, which may be held by any of said sinking funds on
December thirty-first, eighteen hundred and ninety-seven, pro-
viding said bonds and stocks are by law redeemable from the
sinking funds in which the same are held. It shall also be lawful
for the commissioners of the sinking fund in their discretion,
and they are hereby empowered in such discretion, to cancel
from time to time, but not before maturity, any portion of the
indebtedness of The City of New York, as hereby constituted,
incurred on or after January first, eighteen hundred and ninety-
eight, which may be held by them in the “sinking fund of The
City of New York,” as hereinafter constituted, and which may
by law be redeemable from said sinking fund as herein or else-
where provided, and all such similar indebtedness incurred to
provide for the supply of water, which may be held by them and
redeemable from “the water sinking fund of The City of New
York," as hereinafter constituted. The funds to be known as
the “sinking fund of The City of New York," and the “water
sinking fund of The City of New York,” as hereinafter consti-
tuted, shall be administered by the commissioners of the sinking
fund, in like manner as provided by the ordinance of the mayor,
aldermen and commonalty of the city of New York, approved by
the mayor, February twenty-second, eighteen hundred and forty-
four, so far as the same may be applicable; provided, however,
that nothing contained in said ordinance shall affect or alter the
composition of the board of commissioners of the sinking fund,
as by this act constituted.
L. 1882, ch. 410, 8 170 ; L. 1888, ch. 583, tit. 4, 8 16.
(a) The validity of a grant by the
city, with a condition subsequent de
feating the grant and giving a right
of re-entry – determined. Towle v.
Remsen, 70 N. Y. 303.
(6) As to title of purchaser from
city of lands acquired under act passed
April 22, 1834, see Gearty V. The
Mayor. 49 How. Pr. 33.
(c) The provision that the proceeds.
of sale of land be immediately paid to
the credit of the sinking fund is not
violated by carrying out an agreement
between the city and state disposing,
$ 206]
95
THE SINKING FUND..
of proceeds of sale of land ceded by hours, held void. The Mayor v. Un-
the state to the city for the use of ion Ferry Co., 55 How. Pr. 138.
an arsenal. (1849.) Opin. of Atty.- (g) The commissioners of the sink-
Genl. 184.
ing fund can restrain the board of
(d) It is in the discretion of the health from interfering with a stand
commissioners of the sinking fund to on a street attached to a public mar-
determine when an appraisal is neces ket as an obstruction upon a public
sary of city property under this sec- street, or a nuisance; the latter board
tion, and the expense of such appraisal having power only over such obstruc-
is not within the prohibition of section tions as are dangerous to life or health.
149 forbidding the incurring of any Comm’rs of Sinking Fund v. Metro-
expense by any department or officer politan Board of Health, 31 How. Pr.
thereof without a previous appro- 385.
priation covering the same. Muller (h) A resolution of the sinking fund
v. The Mayor, 63 N. Y. 353; rev'g 5 commissioners annulling a lease, pur-
Hun, 282 ; followed in Bleecker v. The suant to the conditions of the instru-
Mayor, 7 Daly, 439.
ment, does not discharge the lessee of
(e) It seems that the commissioners his liability for rent prior to the an-
of the sinking fund cannot order an nulment. Mayor v. N. Y. Refriger-
appraisal at the city's expense of its ating Construction Co., 8 Misc. 61 ;
property, or of property the manage S. C., 59 N. Y. State Rep. 295; 28 N. Y.
ment of which is not within the scope Supp. 614.
of, or has no relation to, the powers (0) Under what circumstances the
and duties of that board. Bleecker v. comptroller niay become liable to a
The Mayor, ante.
broker for commission for services in
(f) The lease by the commissioners negotiating bids. Myers v. Dean, 132
of the sinking fund of a valuable lease N. Y. 65; S. C., 43 N. Y. State Rep.
for a nominal rent, on condition that 391; rev'g 16 Daly, 251.
lessees reduce ferriage during certain
The sinking fund of the city of New York.
$ 206. There shall be created a fund to be known as the “sink-
ing fund of The City of New York,” which shall have for its pur-
poses the liquidation of the principal of the debt of the corporation
of The City of New York incurred on or after January first,
eighteen hundred and ninety-eight, as to which no provision for
the payment thereof otherwise than from taxation is made, and
excepting revenue bonds and bonds issued to provide for the
supply of water pursuant to the provisions of section ten of article
eight of the constitution of the state of New York. For the
redemption of such debt out of said sinking fund there shall be
annually included in the budget and paid into the sinking fund of
The City of New York herein created, an amount to be estimated
and certified by the comptroller, and to be by the municipal
assembly and the board of estimate and apportionment inserted
in the budget for each year, which with the accumulations of
interest thereon shall be sufficient to meet and discharge such
bonds or stocks by the time the same shall be payable. When-
ever the bonds and stocks outstanding on December thirty-first,
eighteen hundred and ninety-seven, and being charges or liens on
any of the sinking funds hereby made subject to the control of
the commissioners of the sinking fund, shall in respect to any
96
FUNDS FOR REDEMPTION PURPOSES. [S$ 206–207
such sinking fund be wholly discharged, liquidated or canceled,
it shall thereupon be lawful for the commissioners of the sinking
fund to cancel such bonds of the corporation of The City of New
York issued on or after January first, eighteen hundred and
ninety-eight, as may be held by such sinking fund, and the reve-
nues of such sinking fund when thus relieved of such liens or
charges shall thereupon and thereafter be paid into the sinking
fund of The City of New York, as herein created. Whenever
such payments shall be made, the comptroller in making the cer-
tificate to the board of estimate and apportionment by this sec-
tion required shall take into account the amount thereof, and
deduct the same from the estimated amount to be included in
each year's budget as herein provided.
1
Sinking funds for redemption purposes to be continued.
§ 207. The fund known as “the sinking fund of the city of
New York for the redemption of the city debt," and the fund
known as “the sinking fund of the city of Brooklyn,” and the
like funds of each and every of the municipal or public corpora-
tions or parts thereof by this act consolidated with the corpora-
tion known as “the mayor, aldermen and commonalty of the city
of New York,” including the counties of Kings and Richmond,
shall be continued, and the funds, moneys, revenues and assets
heretofore pledged and appropriated to each of said funds,
shall continue to be and the same are hereby pledged and
appropriated thereto severally and respectively in the same
manner as though this act had not been passed, until such
time as the bonds, stocks and obligations outstanding on
December thirty-first, eighteen hundred and ninety-seven, and
redeemable therefrom, shall have been respectively canceled,
liquidated, discharged and redeemed. Wherever, by existing
laws or ordinances, the duty is imposed upon boards or officers
of the several municipal or public corporations or parts thereof
hereby consolidated with the mayor, aldermen and commonalty
of the city of New York, including the counties of Kings and
Richmond, to raise by taxation, annually or otherwise, amounts
of money for sinking fund purposes, or for the redemption of or
payment of interest on bonded indebtedness, for which The City
of New York, are hereby constituted, is by this act made liable, it
shall be the duty of the proper officers of the said, The City of
New York, in like manner to raise such amounts by taxation
§ 208]
97
SINKING FUNDS FOR PAYMENT OF INTEREST.
upon the estates, real and personal subject to taxation in said
city.
L, 1882, ch. 410, $ 171 ; L. 1888, ch. 583, tit. 4, 8 11.
See People ex rel. The Mayor v. Assessors, 111 N. Y. 505; affi'g 47 Hun, 383.
sinking fund of the city of New York.
§ 208. There shall be created a fund to be known as the “water
sinking fund of The City of New York,” which shall have for its
purpose the liquidation of the principal of the debt incurred by
The City of New York, as hereby constituted, on or after January
first, eighteen hundred and ninety-eight, for the supply of water
as provided by section ten of article eight of the constitution of
the state of New York. The funds known as the “sinking fund
number two of The City of New York,'' the “water sinking fund
of the city of Brooklyn,” and the sinking funds of each and every
municipal and public corporation or part thereof hereby made
part of the corporation of The City of New York, including the
counties of Kings and Richmond, created pursuant to the require-
ments of the constitutional amendment adopted November
fourth, eighteen hundred and eighty-four, or of section ten of
article eight of the constitution of the state of New York, shall
be continued, and the funds, moneys, revenues and assets hereto-
fore pledged and appropriated to each of said funds shall, except
as herein otherwise specially provided, continue to be severally
and respectively so pledged and appropriated. It shall, however,
be the duty of the comptroller of the city of New York, as soon
1
tion to be made as to the condition of said funds, and if it
appears to him, and he shall so certify to the commissioners of the
sinking fund, that said funds or any of them have not been man,
provisions of the constitution of the state of New York as afore-
said, it shall be lawful for the said commissioners of the sinking
fund, by concurrent vote, to authorize and direct the amalgama-
tion of said fund or funds with the water sinking fund of The
City of New York, as hereby constituted.
L. 1888, ch. 583, tit. IV, § 15.
Sinking funds for the payment of interest.
$ 209. The fund known as the “sinking fund of the city of
New York for the payment of the interest accruing and to accrue
98
[S$ 209,211
DISPOSITION OF CERTAIN MONEYS.
upon the stocks of said city until the same be fully and finally
redeemed,” shall be continued, and after providing for the inter-
est on the bonds and stocks now payable therefrom as provided
by law, shall form a fund which shall be transferred to the “sink-
ing fund of The City of New York for the redemption of the city
debt;” provided, however, that nothing herein contained shall
authorize the payment from said fund of any interest which may
accrue on bonds to be issued by the corporation of The City of
New York, as hereby constituted, after January first, eighteen
hundred and ninety-eight. Like funds in any of the municipal
or public corporations or parts thereof which by this act are made
part of the corporation of The City of New York, as hereby con-
stituted, including the counties of Kings and Richmond, shall
likewise be continued, and any surplus that may remain therein
after fully satisfying all claims, liens or charges that may exist
against such funds pursuant to law or ordinance shall, unless
otherwise provided by law, be transferred to the "sinking fund of
The City of New York,” as herein constituted.
L. 1882, ch. 410, 8 172.
See People ex rel. The Mayor v. Assessors, 111 N. Y. 505 ; affi'g 47 Hun, 383.
Dispositions of certain moneys received for local improvements.
§ 210. All moneys now in the treasury of the corporation
known as the mayor, aldermen and commonalty of the city of
New York heretofore collected and received in payment or on
account of assessments made and confirmed for local improve-
ments in said city, and all moneys which shall hereafter be col-
lected and received in payment or on account of assessments
made and confirmed, or which may be made and confirmed, for
local improvements in said city completed prior to June third,
eighteen hundred and seventy-eight, shall be paid into the sink-
ing fund for the redemption of the city debt, and the same is
hereby, in addition to the revenues and moneys aforesaid, pledged
and appropriated to said sinking fund for the payment of the
bonds and stocks of said city, to be paid and redeemed therefrom
as herein provided
L. 1882, ch. 410, 8 173.
Funds and revenues pledged to redemption of city debt.
$ 211. Between the city and its creditors, holders of its bonds
and stocks as aforesaid, including the bonds and stocks of the
municipal or public corporations or parts thereof consolidated
SS 211-213]
99
MAY CALL IN BONDED DEBT. :
with the corporation known as the mayor, aldermen and com-
monalty of the city of New York, as well as those of the latter
corporation and of the counties of Kings and Richmond, there
shall be and there is hereby declared to be a contract that the
funds and revenues of the city, including all the corporations last
stated and said counties of Kings and Richmond, and the funds
to be collected from assessments pursuant to any law by this
chapter pledged to the sinking fund for the redemption of the
city debt, shall be accumulated and applied only to the purposes
of the said several sinking funds as prescribed by law, until all of
said debt redeemable therefrom is fully redeemed and paid as
herein provided.
L. 1882, ch. 410, 8174.
1
Sinking fund for the redemption of the city debt. not to be alienated or
impaired.
§ 212. Nothing in this chapter contained shall be held to
require or authorize the commissioners of the sinking fund to use
or apply any part or portion of the accumulations in said sinking
fund for the redemption of the city debt or the revenues of said
fund in any manner whatever, whereby the security of said fund
for the payment of the bonds and stocks of the corporation
known as the mayor, aldermen and commonalty of the city of
New York, for which said fund is now pledged by law, and which
are a charge on said fund, shall be alienated or impaired, and the
said bonds and stocks so secured by law are hereby declared to
constitute a preferred charge on said sinking fund until the same
are fully and finally paid and redeemed.
L. 1882, ch. 410, 8 175.
Commissioners may call in bonded debt; consolidated stock of the city
of New York; lien of, on sinking fund for the redemption of the
city debt.
§ 213. The commissioners of the sinking fund are hereby
authorized and empowered to call in, pay, and redeem any por-
tion of the bonded debt constituting a charge upon the treasury
of The City of New York, as constituted by this act, other than
revenue bonds, issued in anticipation of the collection of taxes,
when they may deem it to be advantageous for the interest of the
city so to do, and for this purpose the said commissioners of the
sinking fund, are hereby empowered to authorize, by a concur-
rent vote, and direct the comptroller to issue and sell or exchange
100
[S$ 213-216
DISPOSITION OF ASSESSMENTS.
therefor at not less than par, corporate stock of said city, in the
manner herein provided; and upon the payment and redemption
of any portion of said bonded debt, the certificates thereof shall
be canceled by said commissioners. The “consolidation stock"
of the mayor, aldermen and commonalty of the city of New
York, issued pursuant to the provisions of section one hundred
and seventy-six of chapter four hundred and ten, of the laws of
eighteen hundred and eighty-two, after fully providing for the
preferred bonds and stocks of said city, as in the preceding sec-
tion specified, shall form a charge upon the said “sinking fund
for the redemption of the city debt," and any part of the bonded
debt of said corporation falling due and not exchanged for or
redeemed from the proceeds of said consolidated stock as in said
section provided, may be paid from said sinking fund for the
redemption of the said city debt, provided such payment shall
not in any way impair the preferred claims thereon as in the pre-
ceding section specified, and provided also, the commissioners of
the sinking fund shall deem it to be for the best interests of the
city that such payment shall be so made.
L. 1882, ch. 410, 8 176.
>
17
Preferred bonds and stocks to be paid from the sinking fund for the
redemption of the city debt.
$ 214. From the said sinking fund for the redemption of the
city debt shall be paid and redeemed all preferred bonds and
stocks of the mayor, aldermen and commonalty of the city of
New York, as by this title authorized.
| L. 1882, ch. 410, 8 177.
Disposition of certain assessments for local improvements.
$ 215. The assessments made for local improvements prior to
the ninth day of June, eighteen hundred and eighty, by the cor-
poration known as the mayor, aldermen and commonalty of the
city of New York, including assessments for improvements con-
tracted for or authorized by said corporation, prior to said date,
shall, when collected, be paid over to the commissioners of the
sinking fund, and applied by them in accordance with law.
L. 1882, ch. 410, 8 178.
Alteration of rates prohibited.
$ 216. It shall not be lawful for The City of New York to make
or cause to be made, any alteration of rates or charges affecting
S$ 216–217]
IOI
LEASES FOR PUBLIC PURPOSES.
any item or source of the revenues of any of the sinking funds of
said city, or of the general fund which may tend to a diminution
of the receipts from such source of revenue, or either of them,
and all the revenues of said corporation not by law otherwise
specifically appropriated, shall, when received into the city treas-
ury, be credited to the general fund.
L. 1882, ch. 4:0, 8 179 ; L. 1890, chi 138.
11
Applications for leases for public purposes; statement by comptroller.
$ 217. All applications to lease any real estate for the purposes
of The City of New York, including the premises required in
accordance with law for armories and drill-rooms and places of
deposit for the safe-keeping of arms, uniforms, equipments,
accoutrements and camp equipage of the national guard, must
be presented to and passed upon by the commissioners of the
sinking fund of said city. It shall be the duty of the comptrol-
ler, after due inquiry to be made by him, to present to the said
commissioners a statement in writing of the facts relating to any
real estate proposed to be leased, the purposes for which such
lease is required by the city, with his opinion, and the reasons
therefor, as to the fair and reasonable rent of said premises. The
said commissioners, upon such report and upon such further
inquiry as they, in their discretion, may make, may authorize a
lease of such premises as shall be specified in their resolution, at
the rent therein set forth, for a period not exceeding five years,
but such lease shall not be authorized except at a fair and reason-
able rent, and unless the commissioners are satisfied and shall so
express that it would be for the interests of the city that a lease
of the premises for the purposes specified should be made. With-
out the consent of the said commissioners the premises leased
shall not be used during the period of the lease for purposes
other than specified in said resolution. If the city shall, prior to
the making of the lease, have entered upon the possession of the
property, the lease may be made to commence as of the date
when the occupation commenced.
L. 1882, ch. 410, 8 181.
(a) As to prerequisites to lease of 583; Ford v. The Same, Id. 587; Bol-
premises for armories to make same ler v. The Same, 40 N. Y. Super. Ct.
valid, see Fallon v. The Mayor, 4 Hun, (J. & S.) 523.
102
Sš 218-220
CESSION OF LANDS TO FEDERAL GOVMT.
Cession of certain lands to federal government to improve Harlem
river.
§ 218. The commissioners of the sinking fund, or the municipal
assembly, are authorized to cede, grant and convey to the United
States, upon such terms, and for such consideration as may be
agreed upon by and between said commissioners of the sinking
fund, or said municipal assembly, and the United States, all the
estate, right, title and interest of The City of New York in and
to any part of the land required for the channel to connect the
waters of the Harlem river with the Hudson river, in accordance
with the plans for the improvement of the Harlem river, prepared
under the direction of the secretary of war. Whenever any part
of said land shall have been ceded by said commissioners of the
sinking fund, or said municipal assembly, pursuant to the author-
ity hereby given, it shall be the duty of said commissioners of the
sinking fund, or a majority of them, to give a certificate under
their hands, that the same has been ceded, pursuant to the pro-
visions of this section; and upon the production of such certifi-
cate, and upon proof of due compliance, on the part of the
United States, with the terms of cession, it shall be the duty of
the mayor and the city clerk, in the name and on behalf of The
City of New York, to execute a proper conveyance of such lands
under their hands and the seal of said city.
L. 1882, ch. 410, 8 183.
(
1
Certain duties of commissioners relative to docks, piers, etc.
$ 219. The commissioners of the sinking fund shall perform the
duties and possess the powers with reference to docks, piers, and
slips, stated in chapter sixteen of this act.
L. 1882, ch. 410, 8 184.
Sale of public lands at auction.
§ 220. The commissioners of the sinking fund are authorized,
upon the application of the board of education duly authorized
and certified, to sell at public auction at such times and on such
terms as they may deem most advantageous for the public inter-
est, any land or lands and the buildings thereon, owned by The
City of New York, occupied or reserved for school purposes, and
no longer required therefor, provided, however, that no property
shall be disposed of for a less sum than the same may be appraised
by the commissioners of the sinking fund, or a majority of them,
at a meeting to be held and on an appraisement made within two
1
e regulied of fols of t
$ 226] THE BOARD OF ESTIMATE, ETC.
103
months prior to the date of the sale; and at least thirty days'
notice of such sale, including a description of the property to be
sold, shall be published in the City Record. The money received
in payment for the said lands and buildings shall be paid into
the sinking fund for the redemption of the city debt, if the prop-
erty thus sold was acquired prior to January first, eighteen hun-
dred and ninety-eight, and if acquired subsequent thereto, into
the sinking fund of The City of New York.
| L. 1882, ch, 410, $ 186.
S
TITLE 5.
TA
APPROPRIATIONS AND THE BOARD OF ESTIMATE AND APPOR-
TIONMENT. .
SEC. 226. How constituted; duties; the annual budget.
227. Payment of city's obligations to be provided for.
228. Duties when accumulations in sinking fund are insufficient.
229. Certain city bonds and stocks; annual provisions to meet pay-
ment of.
230. Items to be included in annual estimate.
231. Board of estimate to audit charges against city for costs, etc.
232. Deficiencies; how provided for.
233. Salaries of certain officers.
234. List of persons and salaries not within a department.
235, Issue of certain stock and bonds authorized.
236, Appropriation for prevention of contagious diseases.
237. Board of estimate may transfer; excess of appropriations.
238. Appropriations out of excise moneys to Home for Girls -
239. Street sweeping contracts to be approved by board.
240. Excise moneys; how appropriated.
241. Appropriations for contesting office to be made for prevailing party
only.
O
How constituted; duties; the annual budget.
$ 226. The mayor, comptroller, corporation counsel, president
of the council, and the president of the department of taxes and
assessments shall constitute the board of estimate and apportion-
ment. The first meeting of said board in every year shall be
called by notice from the mayor, personally served upon the
members of said board. Subsequent meetings shall be called as
the said board shall direct. At such meetings the mayor shall
preside, and one of the number shall act as secretary. The said
board shall annually, between the first day of October and the
first day of November, meet, and by the affirmative vote of all
the members make a budget of the amounts estimated to be
required to pay the expenses of conducting the public business of
104
[$ 226
THE ANNUAL BUDGET.
The City of New York, as constituted by this act, for the then
next ensuing year. Such budget shall be prepared in such detail
as to the aggregate sum and the items thereof allowed to each
department, bureau, office, board, or commission as the said
board of estimate and apportionment shall deem advisable. In
order to enable said board to make such budget, the heads of
departments, bureaus, offices, boards and commissions shall, at
least thirty days before the said budget is hereby required to be
made, send to the board of estimate and apportionment an esti-
mate in writing, herein called a departmental estimate, of the
amount of expenditure, specifying in detail the objects thereof,
required in their respective departments, bureaus, offices, boards
and commissions, including a statement of each of the salaries of
their officers, clerks, employes and subordinates. Duplicates of
these departmental estimates and statements shall be sent at the
same time to the municipal assembly. Before finally determin-
ing upon the budget, the board of estimate and apportionment
shall fix such sufficient time or times as may be necessary to
allow the taxpayers of said city to be heard in regard thereto, and
the said board shall attend at the time or times so appointed for
such hearing. After such budget is made by the board of esti-
mate and apportionment, it shall be signed by all the members
thereof, and submitted by said board within ten days to the muni-
cipal assembly, whereupon a special joint meeting of the two
houses constituting the municipal assembly shall be called to con-
sider such budget, and the same shall simultaneously be published
in the City Record. The president of the council shall preside at
such joint meeting, and it shall be the duty of said two houses to
consider and investigate carefully the said budget; but such con-
sideration and investigation shall not continue beyond fifteen days.
The municipal assembly, by a majority vote by all the members
elected thereto, may reduce the said several amounts fixed by the
board of estimate and apportionment, except such amounts as are:
now or may hereafter be fixed by law, and except such amounts.
as may be inserted by the said board of estimate and apportion-
ment for the payment of state taxes and payment of interest and
principal of the city debt, but the municipal assembly may not
increase such amounts nor insert any new items. Such action of
the municipal assembly on reducing any item or amount fixed by
the board of estimate and apportionment shall be subject to the
veto power of the mayor, as elsewhere provided in this act, and
unless such veto is over-ridden by a five-sixths vote of the munic-
$8 226–228]
105
PAYMENT OF CITY'S OBLIGATIONS.
1
Yt
ipal assembly, the item or amount as fixed by the board of esti-
mate and apportionment shall stand as part of the budget. After
the final estimate is made in accordance herewith, it shall be
signed by the president of the council and the members of the
board of estimate and apportionment, and when so signed the
said several sums shall be and become appropriated to the several
purposes and departments therein named. The said estimate
shall be filed in the office of the comptroller and published in the
City Record and corporation newspapers.
L. 1882, ch. 410, 8 189; L. 1888, ch, 583, tit. 2, 8 18.
(a) The statutes creating a board of (c) As to who are officers of the city
estimate and apportionment to ascer- and county government under this
tain the amounts to be raised by tax section giving power to the board of
for the expenses of the city of New estimate and apportionment to ap.
York are constitutional. Townsend prove the salaries of officers, clerks,
v. The Mayor, 16 Hun, 362; affi'd in employes and subordinates of all city
77 N. Y. 542.
departments, see Quin v. The Mayor,
(6) After the time limited to make 44 How. Pr. 266; affi'd 53 N. Y. 627;
the final estimate has expired, the Whitmore v. The Same, 67 N. Y. 21;
board cannot convene and audit, al. Dolan v. The Same, 6 Hun, 506; affi'd
low or apportion claims that should 67 N. Y. 609; Landon v. The Same,
have been included in the estimate. 39 N. Y. Super. Ct. (J. & 8.) 467;
People ex rel. McGowan v. The Board Reilly v. The Same, 10 N. Y. Supp.
of Estimate, 3 N. Y. Sup. Ct. (T. & C.) 847.
151; S. C., 1 Hun, 61.
7
Payment of city's obligations to be provided for.
§ 227. It shall be the duty of the board of estimate and appor-
tionment, from time to time, to provide for the payment of the
interest and principal of the bonds and other obligations of
the city, or for which the city is liable, and also to provide for the
payment to the commissioners of the sinking fund of any sums
directed by special laws to be paid to said commissioners on
account of such bonds or obligations and in anticipation of their
maturity, and to provide for the raising of the money therefor, in
accordance with such special laws and the laws under which such
bonds and obligations were issued or created.
L. 1882, ch. 410, $ 190.
Duties when accumulations in sinking fund are insufficient. :
8 228. Whenever and as often as the commissioners of the sink-
ing fund shall certify to the board of estimate and apportionment
that the accumulations in any sinking fund will not be sufficient
to meet the payment of any bonds or stocks falling due in the
next following calendar year redeemable therefrom, it shall be the
duty of the said board of estimate and apportionment, and it is
106
[SS 228–229
PAYMENT OF BONDS AND STOCK.
hereby required, to include in the annual budget for such year,
to be raised by tax on the estates, real and personal, in the city,
subject to taxation, such an amount to be applied to the payment
of said bonds or stocks as shall be certified by said commissioners,
and the amount so included in said estimate shall be paid into
said sinking fund and applied as in this section specified.
L. 1882, ch. 410, 8191.
Certain city bonds and stocks; annual provisions to meet payment of.
$ 229. For the payment of all bonds and stocks of the mayor,
aldermen and commonalty of the city of New York issued after
June third, eighteen hundred and seventy-eight, and for the pay-
ment of all the bonds and stocks hereafter issued by The City of
New York, as hereby constituted, and for which no provision for
the payment thereof, otherwise than from taxation, is made,
except revenue bonds issued in anticipation of the collection of
taxes there shall annually be set apart or paid over to the com-
missioners of the sinking fund, as hereinafter directed, and
invested bŷ them in the manner provided by law, a sum suffi-
cient, with the accumulation of interest thereon to meet and dis-
charge the amount of said bonds or stocks by the time the same
shall be payable, as the same shall be estimated and certified by
the comptroller. The said annual sum so to be set apart or paid
over and invested, except so far as it relates to bonds and stocks
issued on or after January first, eighteen hundred and ninety-
eight, and bonds issued to provide for the supply of water, shall,
until other provisions therefor may be hereafter made by law, be
set apart out of the surplus income, revenues and accumulations
of the sinking fund for the redemption of the city debt as now
established by law, after fully providing for the payment of the
stocks and bonds of said city now outstanding, and which, by sec-
tions two hundred and twelve and two hundred and thirteen of
this act, are declared to be and are made preferred claims upon
said sinking fund, and also for the payment of such other bonds
and stocks of said city as by said section two hundred and thir-
teen of this act are authorized to be paid from said sinking fund.
Whenever, and as often as the commissioners of the sinking fund
shall certify to the board of estimate and apportionment that the
said surplus revenues of said sinking fund will, in the opinion of
said commissioners, be less than the amount by this section
required to be set apart or paid over to said commissioners for the
$S 229-230] ITEMS IN ANNUAL ESTIMATE.
107
purposes aforesaid, and certifying the amount of such deficiency,
it shall be the duty of said board of estimate and apportionment,
and the municipal assembly, to include in the annual budget for
the year next ensuing to be raised by tax on the estates, real and
personal in said city subject to taxation, the amount of the defi-
ciency certified as aforesaid, and this amount so raised by tax
shall be paid to the commissioners of the sinking fund on the first
day of November of the year in which the same shall be levied,
L. 1882, ch. 410, $ 192.
II
.
Items to be included in annual estimate.
$ 230. The board of estimate and apportionment shall annually
include in its final estimate the following sums, which shall annu-
ally be raised and appropriated:
First. Such sum in any year, as shall be included in the estimate
of the department of highways, to be expended in repaving or
resurfacing such streets, roads, avenues, and public places in the
said city as shall be certified to the municipal assembly by the
commissioner of highways as required to be repaved for the safety,
health, or convenience of the public, and as said assembly shall,
by ordinance or resolution, direct.
Second. Such sum as said board may deem necessary in the
interest of the city, to be expended by the commissioner of water
supply when thereto authorized by the municipal assembly,
according to law, in extending and enlarging the distribution of
water through the city.
Third. All necessary sum or sums of money for the purpose of
paying the expense incurred by any coroner, in accordance with
law, in employing scientific experts, engineers and toxicologists.
Fourth. The amount fixed by said board for clerk hire and con-
tingent and incidental expenses of the offices of commissioners of
jurors, but not exceeding the amount fixed by law.
Fifth. A sum not exceeding eight thousand dollars to be paid
to the trustees of the Seventh regiment armory building, as an
equivalent and in lieu of the rental of an armory for said regi-
ment, to be applied to the preservation, maintenance and improve-
ment of said armory building, as provided in chapter five hundred
and eighteen of the laws of eighteen hundred and ninety-three,
said sum to be paid in the month of January in each year.
Sixth. The sum or sums authorized to be expended in accord-
ance with law for the purchasing and leasing of lands and the erec-
tion or leasing of buildings for armories ard drill-rooms.
108
ITEMS IN ANNUAL ESTIMATE.
[$ 230
Seventh. The amount necessary for the maintenance of the
buildings, instruments and equipments of:
1. The Meteorological and Astronomical Observatory.
2. The American Museum of Natural History, not exceeding
ninety-five thousand dollars.
3. The Metropolitan Museum of Art, not exceeding ninety-five
thousand dollars.
Eighth. Such sum, not exceeding seventy-five thousand dollars,
as is included in the departmental estimates submitted to it by
the department of public charities, to be applied to the relief of
poor adult blind persons.
Ninth. The sum of ten thousand dollars to the credit of the
department of health to be known as the tenement-house fund, to
be expended by the board of health.
Tenth. Such sum as is necessary to pay the expenses of the
registration and revision of registration required by law, and of all
elections held in said city during the year.
Eleventh. Such sum as may be necessary to pay the compensa-
tion due according to law to justices of the supreme court from
judicial departments, other than the first and second judicial dis-
trict, who hold court in the first judicial department, or who hold
court within the second judicial department within the said city
of New York as hereby constituted.
Twelfth. Such sum as may be necessary to pay the salaries of
county officers within the counties of New York, Kings and Rich-
mond, and likewise all other expenses within said counties and
each of them which are county as distinguished from city charges
and expenses.
Thirteenth. The amount necessary for the support of the night
medicial service; but in no case shall the sum so appropriated
exceed three thousand dollars for any one year; unless otherwise
provided by said board and the municipal assembly.
Fourteenth. To pay the proportion of expense chargeable to
the city for the maintenance and repair of public bridges which
are now built, or which may hereafter be built within The City of
New York as hereby constituted.
Fifteenth. The amount necessary to pay the expense of procur-
ing and preparing surveys and maps for commissioners of estimate
and assessments, appointed in any proceeding to open any street,
avenue, or public park or place.
Sixteenth. The sum necessary to pay the salaries of the janitors
of the district courts.
1
$ 230]
ITEMS IN ANNUAL ESTIMATE.
109
Seventeenth. Such sum as is necessary for defraying the
expenses incurred in carrying out the provisions of sections ten
hundred and ninety-three, ten hundred and ninety-four and
ten hundred and ninety-five, of chapter four hundred and ten, of
the laws of eighteen hundred and eighty-two.
Eighteenth. Such sum as may be necessary to pay the expenses
of the magistrates' courts and the board of city magistrates
incurred in accordance with law.
Nineteenth. Such sum as may be necessary to provide for the
compilation and publication of the registry of voters.
Twentieth. Such sum as may be required by the trustees of the
college of the city of New York, pursuant to section eleven hun-
dred and thirty-one of this act.
Twenty-first. Such .sum as may be required by the trustees of
the Normal college, in the city of New York, pursuant to the
provisions of section eleven hundred and forty-two of this 'act.
Twenty-second. The sums necessary, in the discretion of said
board, to make the following described payments, namely:
1. To the American Female Guardian society for the mainte-
nance of each girl under the age of fourteen and each boy under
the age of ten years, committed to such society by any magis-
trate in The City of New York, the sum of two dollars per week
for each and every week until such child is discharged or removed
from the institution of such society. And also the sum of
twenty-five thousand dollars, tū be applied to the support of the
industrial schools and other charitable work of the said society.
2. To the New York Society for the Prevention of Cruelty to
Children the sum of thirty thousand dollars for the uses and pur-
poses of said society.
3. To the New York Society for the Relief of the Ruptured
and Crippled, the sum of one hundred and fifty dollars for the
support of every crippled child received and retained in their hos-
pital for one year, and a proportionate sum for a shorter period.
4. To the New York Infirmary for Women and Children,
twenty-five dollars for each homeless or needy mother who
received care and attendance in lying-in wards of the New York
Infirmary for Women and Children, for such care and obstetric
attendance, and the further sum of eighteen dollars per month,
and proportionately for any fraction of a month, for each mother
thus domiciled and attended at the birth of her child, and for
each homeless or needy mother with a nursing infant who resides
at said infirmary at the request of or by permission of its officers,
f
ΙΙΟ
[$ 230
ITEMS IN ANNUAL ESTIMATE.
and wet-nurses her own infant, provided such residence shall
exceed the period of two months, but the said monthly allowance
of eighteen dollars shall not be paid for a longer period than one
year for any mother so remaining continuously. And to the New
York Medical College and Hospital for Women, twenty-five dol-
lars for each needy mother who has received care and obstetric
attendance at her home, or in the lying-in wards of the said hos-
pital, for such care and obstetric attendance, and the further sum
of eighteen dollars per month and proportionately for each frac-.
tion of a month for each mother attended at the birth of her child
and domiciled at such hospital, but not for a longer period than
one year, and also for each homeless or needy mother with a
nursing infant who resides at said hospital at the request of or by
permission of its officers and wet-nurses her own infant, provided
such residence shall exceed the period of two months. But such
sums to the New York Medical College and Hospital for Women
shall not exceed eight thousand dollars in the aggregate in any
one year.
5. To the Children's Fold of the city of New York, the sum of
two dollars per week for each and every orphan, half-orphan and
destitute child received and supported by said institution, the
expense of whose support is not paid by private parties.
6. To the New York Institution for the Blind, fifty dollars for
each state pupil sent to and received in said institution from said
city, whose parents or guardians shall, in the opinion of the super-
intendent of public instruction, be unable to furnish them with
suitable clothing, to be by it applied to furnishing such pupils
with suitable clothing while in said institution.
7. To the Children's Aid Society, the sum of ten thousand
dollars for the uses and purposes of said society. And also the
sum of thirty thousand dollars to be applied to the care and edu-
cation in the industrial schools of said city, of destitute children
not attending the common schools in The City of New York.
And also the sum of thirty thousand dollars to be applied to the
support of the boys' and girls' lodging houses, of the said society.
To Saint John's Guild, of the city of New York, the sum of thirty
thousand dollars, to be applied to the maintenance and operation
of its hospitals, to the support of its other charitable work and to
the general uses and purposes of said society, and to the Sanita-
rium for Hebrew Children in the city of New York, the sum of
five thousand dollars to be applied to the support of its charitable
work
$ 230]
ITEMS IN ANNUAL ESTIMATE.
III
8. To the Foundling Asylum of the Sisters of Charity and to
the Babies' Hospital of the city of New York, respectively, at the
rate of thirty-eight cents per day for each and every foundling or
infant received and maintained by them. And also for each and
every homeless and needy mother with a nursing infant, who shall
reside at the asylum, or at said hospital, by request of its officers,
and nurse her own infant, the sum of eighteen dollars per month.
To the babies' wards of the Post-Graduate Hospital in the city
of New York, at the rate of thirty-eight cents per day for each
and every infant received and cared for therein.
9. To the Nursery and Child's Hospital, the sum of five dollars
per week for every destitute woman admitted into its lying-in
wards, according to the time of the said woman's continuing
under the care of the said institution, and the further sum of ten
dollars per month for each and every child born in the institution
or supported and maintained by said institution, whenever it may
be necessary or expedient to place said child in the country, or
for want of room in the institution to find accommodation for it
elsewhere; and also the sum of ten dollars per month for all chil.
dren received and retained in the Nursery and Child's Hospital, in
the city of New York, and in like proportion for any fraction of a
year for each and every destitute child which may be supported
and maintained in said institution. To the New York Polyclinic
Medical School and Hospital, for board, nursing and medical or
surgical aid and attendance, one dollar per day for each needy
and charity patient who occupied a bed in said hospital and who
receives such care, support and maintenance; such payments not
to exceed in the aggregate thirty thousand dollars per annum.
To the New York Homeopathic College and Hospital, for board,
nursing and medical or surgical aid and attendance, one dollar
per day for each needy and charity patient who occupies a bed in
the Flower Surgical Hospital, belonging to said New York Homeo-
pathic College and Hospital, and who receives such care, support
and maintenance; such payment not to exceed in the aggregate
twelve thousand dollars per annum.
10. To the New York Infant Asylum, a sum of money at the
rate of thirty-eight cents per day, in monthly payments, for each
and every child received and maintained by said asylum ; a fur-
ther sum of twenty-five dollars for each homeless or needy mother
who receives care and attendance in the lying-in wards of the asy-
lum; the further sum of eighteen dollars per month, and propor-
tionately for any fraction of a month, for each homeless or needy
II2
[$ 230
ITEMS IN ANNUAL ESTIMATE.
mother who is domiciled in the asylum and attended at the birth
of her child, and resides at the asylum by the request of its
officers, and wet-nurses her own infant; and for each other home-
less or needy mother with a nursing infant who resides at the
asylum by the request of its officers and wet-nurses her own
infant; provided, however, that in each case such residence must
exceed the period of two months, and that said monthly allow-
ance shall not be paid for a longer period than for one year for any
mother so remaining.
11. To the Shepherd's Fold of the Protestant Episcopal church,
in the state of New York, the sum of five thousand dollars, to be
applied to the purposes and objects of said corporation.
12. To the New York Catholic Protectory, yearly, the sum of
one hundred and ten dollars per capita, on the average number of
persons annually maintained in its institutions; the average num-
ber of persons thus maintained shall be ascertained by the exami-
nation and testimony, under oath, of the president or secretary of
said society.
13. To the Hebrew Benevolent Society, of the city of New
York, one hundred and ten dollars per annum and proportionately
for any fraction of a year, and to the Hebrew Sheltering Guardian
Society of New York, one hundred and four dollars per annum
and proportionately for any fraction of a year for each orphan,
half-orphan, and indigent child committed or entrusted to its care
in pursuance of the provisions of law.
14. To the New York Juvenile Asylum, one hundred and ten
dollars per annum, and proportionately for any fraction of a year,
for each child, which, by virtue and in pursuance of the provisions
of chapter three hundred and thirty-two of the laws of eighteen
hundred and fifty-one, as amended by laws of eighteen hundred
and fifty-eight, chapter forty-three, laws of eighteen hundred and
sixty-three, chapter ninety-four, and laws of eighteen hundred
and sixty-six, chapter two hundred and forty-five, shall be
entrusted or committed to the said asylum, and shall be sup-
ported and instructed therein.
15. To the Roman Catholic House of the Good Shepherd
monthly payments at the rate of one hundred and ten dollars per
annum for each female, between the ages of fourteen and twenty-
one, committed to it by any magistrate in accordance with chap-
ter four hundred and nine, of the laws of eighteen hundred and
sixty-seven.
16. To the Magdalen Female Benevolent Asylum and Home
$ 230]
113
ITEMS IN ANNUAL ESTIMATE.
A
for Fallen Women, monthly payments at the rate of one hundred
and ten dollars per annum for each female, between the ages of
fourteen and twenty-one years, committed to it by any magis-
trate, in accordance with said last-mentioned law.
17. To the Protestant Episcopal House of Mercy, monthly pay-
ments at the rate of one hundred and ten dollars per annum for
each female, between the ages of fourteen and twenty-one years,
committed to it by any magistrate in accordance with said last-
mentioned law.
18. To the Five Points House of Industry, the sum of fifty-two
dollars per year for each and every orphan, half-orphan and des-
titute child, not exceeding two hundred children in any one year,
received and supported by said institution for each year, the
expense of whose support is not paid by private parties, and
in the same proportion for the part of a year.
19. To the Association for Befriending Children and Young
Girls, a per capita allowance of one dollar a week for each female
by it rescued, supported, instructed, and trained to useful employ-
ment.
20. To the Peabody Home for Aged and Indigent Women, the
sum of one hundred and fifty dollars per annum for each and
every woman therein over sixty-five years of age received and
supported by said institution, not exceeding, however, the sum
of five thousand dollars in any one year, and to the Sloan Mater-
nity Hospital in the city of New York, the sum of five dollars per
week for every destitute woman admitted into its lying-in ward,
according to the time of the said woman continuing under the
care of the said institution, and the further sum of ten dollars per
month for each and every child born in the institution or sup-
ported and maintained by said institution, but such sums shall
not exceed eight thousand dollars in any one year. And to the
New York Female Asylum for lying-in women, twenty-five dol-
lars for each homeless and needy mother who has received care
and attention in the lying-in ward of the asylum, for such care and
obstetric attendance, but such sums shall not exceed eight thou-
sand dollars in any one year.
21. To the Mothers' and Babies Hospital, fifteen dollars for each
homeless and needy mother who has received care and attention
in the lying-in ward of the hospital, for such care and obstetric
attendance, not to exceed three hundred patients in any one year.
22. Such other sum or sums as are, or may be by law directed
to be raised and paid for charitable purposes or to private or
114.
[$ 230
ITEMS IN ANNUAL ESTIMATE.
incorporated societies, associations, asylums, hospitals, corpora-
tions, institutions, protectories, home or schools.
23. The board of estimate and apportionment are hereby
authorized in their discretion to include in their annual statements
and estimates the following specified sums of money for the
respective purposes herein stated, namely: Four thousand dollars
to be paid to the Brooklyn Hospital (formerly City Hospital);
four thousand dollars to be paid to the Long Island College Hos-
pital; four thousand dollars to be paid to the Brooklyn Homco-
pathic Hospital; fifteen hundred dollars to be paid to the Brook-
lyn Central Dispensary; fifteen hundred dollars to be paid to the
Brooklyn City Dispensary; fifteen hundred dollars to be paid to the
Brooklyn Eclectic Dispensary; fifteen hundred dollars to be paid
to the Brooklyn Homeopathic Dispensary; five thousand dollars
to be paid to the Brooklyn Eastern District Dispensary and Hospi-
tal (formerly the Williamsburgh Dispensary); fifteen hundred
dollars to be paid to the Long Island College Dispensary; fifteen
hundred dollars to be paid to the Gates Avenue Homeopathic
Dispensary; four thousand dollars to be paid to the Brooklyn
Nursery and Infants' Hospital; fifteen hundred dollars to be paid
to the Brooklyn Eastern District Homeopathic Dispensary
(formerly the Williamsburgh Homeopathic Dispensary); twenty-
five hundred dollars to be paid to the Brooklyn Maternity (formerly
Brooklyn Lying-in Asylum); twenty-five hundred dollars to be
paid to the Eye and Ear Hospital of the City of Brooklyn; one
thousand dollars to be paid to the Southern Dispensary and Hos-
pital; fifteen hundred dollars to be paid to the Orthopedic Dis-
pensary; four thousand dollars to be paid to the Saint Peter's
Hospital; fifteen hundred dollars to be paid to the Saint Peter's
Dispensary; two thousand dollars to be paid to the Atlantic
Avenue Dispensary; one thousand dollars to be paid to the Saint
Mary's Dispensary; two thousand dollars to be paid to the
Brooklyn Diet Dispensary; fifteen hundred dollars to be paid to
the Saint Catherine's Dispensary; four thousand dollars to be
paid to the Saint Catherine's Hospital; one thousand dollars to be
paid to the Helping Hand Society of Brooklyn; one thousand dol-
lars to be paid to the Sheltering Arms Nursery of Brooklyn; four
thousand dollars to be paid to the Brooklyn Home for Consump-
tives; four thousand dollars to be paid to the Memorial Hospital
for Women and Children; four thousand dollars to be paid to the
Saint Mary's General Hospital of the City of Brooklyn; fifteen
hundred dollars to be paid to the Central Homeopathic Dispen-
$ 230]
ITEMS IN ANNUAL ESTIMATE.
115
sary; fifteen hundred dollars to be paid to the Memorial Dispen-
sary; fifteen hundred dollars to be paid to the Bushwick and East
Brooklyn Dispensary; fifteen hundred dollars to be paid to the
Dispensary of the College of Physicians and Surgeons of Saint
Mary's Hospital of the City of Brooklyn; four thousand dollars
to be paid to the Methodist Episcopal Hospital of the City of
· Brooklyn; two thousand dollars to be paid to the Saint Mary's
Female Hospital; fifteen hundred dollars to be paid to the
Lutheran Hospital Association of the City of New York and
vicinity; four thousand dollars to be paid to the Brooklyn Throat
Hospital; two thousand dollars to be paid to the Bedford Dis-
pensary and Hospital; four thousand dollars to be paid to the
Saint Martha's Sanitarium and Dispensary; three thousand dol-
lars to be paid to the Central Throat Hospital and Polyclinic
Dispensary; three thousand dollars to be paid to the Long
Island Throat Hospital and Eye Infirmary (formerly the
Long Island Throat and Lung Hospital and People's Dis-
pensary Association); four thousand dollars to be paid to
the Norwegian Lutheran Deaconnesses' Home and Hospital;
two thousand and five hundred dollars to be paid to the
Brooklyn Home for Aged Colored People; three thousand
dollars to be paid to the Saint Mary's Maternity and Infants'
Home; two thousand dollars to be paid to the Memorial Training
School for Nurses; four thousand dollars to be paid to the Church
Charity Foundation of Long Island for its hospital; twenty-five
hundred dollars to be paid to the Home of Saint Giles the
Cripple; three thousand dollars to be paid to the Bushwick Hos-
pital; four thousand dollars to be paid to the Brooklyn Society
for the Prevention of Cruelty to Children; two thousand dollars
to be paid to the Brooklyn Training School and Home for Young
Girls; fifteen hundred dollars to be paid to the dispensary of the
Methodist Episcopal Hospital; twenty-five hundred dollars to be
paid to the Low Maternity; fifteen hundred dollars to be paid to
the Brooklyn Hospital dispensary; two thousand dollars to be
paid to the Society for the Aid of Friendless Women and Chil-
dren; two thousand dollars to be paid to the Stone Maternity of
Brooklyn; fifteen hundred dollars to be paid to Saint Phæbe's
mission; fifteen hundred dollars to be paid to the Orphan Asylum
Society of the city of Brooklyn; two thousand five hundred dol-
lars to be paid to the Industrial Home for the Blind; one thou-
sand dollars to be paid to the Homeopathic Hospital Association
. of Brooklyn; fifteen hundred dollars to be paid to the Brooklyn
116
AUDIT OF CHARGES AGAINST CITY. [SS 230, 231
Industrial School Association and Home for Destitute Children;
fifteen hundred dollars to be paid to the Industrial Home School
Association of Brooklyn, eastern district; twenty-five hundred
dollars to be paid to the Maternity of the Long Island College
Hospital; fifteen hundred dollars to be paid to the Twenty-sixth
Ward Homøopathic Dispensary; such several sums of money to
be paid to the several institutions in consideration of their con-
tracting to render and rendering medical and surgical aid and
treatment to the poor of the county of Kings who may apply to
them therefor; such contract to be in writing, executed on behalf
of the city by the mayor and comptroller, and also by the execu.
tive officers of said associations respectively, and to be approved
by the counsel'to the corporation of the city, to be filed annually
on or before the thirty-first day of May, in the office of the city
clerk.
24. Any other sum or sums which may heretofore have been
duly authorized by law to be paid by tax within The City of New
York, or any part thereof, as constituted by this act, for the edu-
cation and support of the blind, the deaf and dumb and juvenile
delinquents, and for the care, support, maintenance and secular
education of inmates of orphan asylums, protectories, homes for
dependent children or correctional institutions, or to charitable,
eleemosynary, correctional and reformatory institutions wholly or
partly under private control for care, support and maintenance, as
in such law specified. The final estimate shall specify each insti-
tution by its corporate name and the sum to be paid thereto, with
a reference to the laws authorizing the appropriation; and the
comptroller is authorized to pay the sum to such institution upon
its appearing to his satisfaction in such manner as he shall pre-
scribe that the expenditure thereof by the institution is lawful and
proper.
L. 1888, ch. 583, tit. 2, 5 20; L. 1882, ch. 410, $ 194; L. 1893, ch. 424, 723; L.
1894, chs. 25, 192, 501, 517; L. 1895, chs. 385, 665; L. 1896, ch. 829.
See N. Y. Const., art. VIII, § 14, in appendix.
Board of estimate and apportionment to audit charges against city for
cost, etc.
§ 231. The board of estimate and apportionment is hereby
authorized to audit and allow, as charges against the city, the
reasonable costs, counsel fees and expenses paid or incurred, or
which shall hereafter be paid or incurred by any commissioner,
city magistrate or police justice who shall have been a successful
party in any proceedings or trial to remove him from office, or
$$ 231–233] SALARIES OF CERTAIN OFFICERS.
117
or by any commercial conduct before officially reco
who shall bring or defend any action or proceeding, in which the
question as to his title to office is in any way presented, or
involved, or in which it is sought to convict him, or to review or
prohibit any such removal or to obtain possession of his office,
or by any commissioner for the proper presentation and justifica-
tion of his official conduct before any body or tribunal lawfully
investigating the same, and not officially recommending his
removal from office. The board of estimate and apportionment
and the municipal assembly are hereby authorized and directed
to cause to be included in the budget for the year following such
audit, an amount sufficient to pay the revenue bonds directed to
be issued by the said comptroller pursuant to section one hun-
dred and eighty-eight of this act, with all interest due or to
become due thereon.
L. 1882, ch. 410, $ 196.
Deficiencies; how provided for.
$ 232. The amount raised by assessment, pursuant to the pro-
visions of chapter one hundred and ninety-one, of the laws of
eighteen hundred and eighty, shall be collected and paid into the
city treasury, and applied toward the payment of revenue bonds
issued under said chapter. If any deficiency shall arise from any
cause, and a sufficient amount shall not be realized from such
assessment to pay fifty thousand dollars of the revenue bonds
issued pursuant to said chapter, with the interest thereon, such
deficiency shall be provided for by the board of estimate and
apportionment and the municipal assembly, by including the
same in the annual appropriation first made, after the amount of
such deficiency, if any, shall be ascertained.
L. 1882, ch. 410, 8 199.
Salaries of certain officers.
$ 233. The salaries of all officers paid from the city treasury
not embraced in any department shall be fixed by the municipal
assembly and the board of estimate and apportionment, unless
otherwise provided by law or by this act.
L. 1882, ch. 410, $ 202.
(a) This section includes only offi. Mayor, 67 N. Y. 21; Landon v. The
cers, such as are connected with the Same, 39 N. Y. Super. (J. & S.) 467;
political organization of the city gov. Jarvis v. The Same, 49 How. Pr. 354.
ernment, and does not include ju. But see Dolan v. The Same, 6 Hun,
dicial officers of the state, e. g., the 506; affi'd in 67 N. Y. 609; Reilly v.
clerk of a court. Whitmore v. The The Same, 10 N. Y. Supp. 847.
118
PREVENTION OF CONTAGIOUS DISEASES. [SS 234-236
List of persons and salaries not within a department.
§ 234. The board of estimate and apportionment shall file with
the final estimate during the month of December in each year a
schedule of the names of all persons not within a department
employed under the city government, the designation of their
offices and employment, respectively, and the salaries and com.
pensation fixed for each, which said schedule shall be published
in the City Record.
L. 1882, ch. 410, $ 203.
Issue of certain stock and bonds authorized; transfers of appropriations.
$ 235. The board of estimate and apportionment may at any
time, as occasion may require, by the affirmative vote of three
members, authorize the issue of any stocks or bonds for the pur-
pose of withdrawing, or taking up at maturity any stocks or
bonds outstanding; but the said bonds or their proceeds shall be
applied exclusively to the payment, purchase and extinction of
such maturing bonds in such manner that the aggregate of the
stocks or bonds of said city outstanding shall not be increased
thereby for a longer period than is necessary in effecting said
change. The said board of estimate and apportionment may,
from time to time, on the application of the head of any depart-
ment, authorize the transfer, from one bureau or purpose to
another in the same department, of any sum theretofore appro-
priated for the purpose of such department or bureau.
L. 1882, ch. 410, 8204.
See People ex rel. Andrews v. Fitch, 9 App. Div. 439; S. C., 41 N. Y. Supp.
349.
Appropriation for prevention of contagious diseases.
$ 236. For the prevention of dangers from contagious or infec-
tious diseases found to exist in any part of the city, or for the
care of persons exposed to danger from contagious or infectious
diseases, the municipal assembly and the board of estimate and
apportionment may appropriate to the use of the health depart-
ment money in excess of the annual estimate and appropriation
for any year to the amount that shall be declared necessary for
such purpose by resolution of the board of health; not, however,
to exceed, in the aggregate, the sum of eighty thousand dollars
in excess of such annual appropriation, and if any sum or sums
of money shall be so appropriated by said municipal assembly and
said board of estimate and apportionment in any year prior to
the date of the certificate of the comptroller to the municipal
assembly of the aggregate amount of the budget for such year,
&$ 236, 237] TRANSFER OF EXCESS OF APPROPRIATIONS. 119
TY
the amount thereof shall be added to such final estimate, and
included in the tax levy in such year.
L. 1882, ch. 410, $ 205. .
Board of estimate may transfer excess of appropriations.
§ 237. The board of estimate and apportionment shall have
the power at any time to transfer any appropriation for any year
which may be found, by the head of the department for which
such appropriation shall have been made, to be in excess of the
amount required or deemed to be necessary for the purposes or
objects thereof, to such other purposes or objects for which the
appropriations in such year are insufficient, or such as may require
the same. But nothing in the power thus conferred shall authorize
the transfer by said board of an appropriation made for any object
or purpose, in one year, to any purpose or object, whether an
appropriation has been made therefor or otherwise, in any subse-
quent year. And any balance of appropriations remaining unex-
pended at the close of any fiscal year, after allowing sufficient to
satisfy all claims payable therefrom, and also any balance to the
credit of any account of moneys which have been or may here-
after be paid into the treasury of the city, under existing laws,
appropriated or authorized to be expended for any specific pur-
pose, and which the said board of estimate and apportionment
may determine not to be necessary, or to be in excess of the
amount required therefor, may, at any time, but not less than
sixty days after the expiration of the year for which such appro-
priations are made, or sixty days after the expiration of the year
during which the moneys aforesaid were paid into the treasury of
the city, after allowing sufficient to satisfy all claims payable from
such appropriations, or which the comptroller shall certify should
be paid from said moneys paid into the treasury, as aforesaid, be
transferred by the comptroller, with the approval of the said board
of estimate and apportionment, to the general fund of the city,
and applied to the reduction of taxation. The approval by the
board of estimate and apportionment of the certificate of the
comptroller, as aforesaid, shall be an appropriation of the amounts
therein stated to the object or purposes in said certificate specified.
| L. 1882, ch. 410, $ 207; L. 1893, ch. 186.
(a) The provision authorizing the pleasure new or additional appropria-
transfer of appropriations was in- tions, and, least of all, to restore re-
tended to help out deficiencies in ap- jected ones, by the process of trans-
propriations already made, and not ferring unexpended balances. Bird
to empower the board of estimate and v. The Mayor, 33 Hun, 396.
apportionment to make at its will and
120
APPROPRIATION OF EXCISE MONEYS. [89 238–240
(6) This section provides for dis- transferring them to the city's general
posing of unexpended balances annu- fund for the reduction of taxation.
ally by either transferring them to Bird v. The Mayor, 33 Hun, 396 ; but.
deficient appropriations, applying see Same r. Same, 1 How. Pr. (N. S.);
them to diminution of appropriations 139.
for like purposes for the next year, or
Appropriations out of excise moneys to home for girls.
$ 238. There may be paid annually, out of the excise moneys.
of The City of New York, to the Home for Fallen and Friendless
Girls, in said city, the sum of one hundred and fifty dollars, for
the support of every fallen and friendless girl received and sup-
ported by said corporation in their Home for Fallen and Friend.
less Girls for the year for which such payments shall be made,
and a proportional sum for a shorter period in the same year.
L, 1882, ch, 410, 8 208.
Street sweeping contracts to be approved by board.
§ 239. The terms and conditions of all contracts for street:
sweeping and cleaning, or for the collection of ashes and garbage,
shall, before they are entered into, be approved by the board of
estimate and apportionment.
| L, 1882, ch. 410, 8 209.
Excise moneys; how appropriated.
$ 240. Said board of estimate and apportionment is authorized,
from time to time, in sums according to its discretion, by resolu-
tion of said board, to appropriate from excise moneys obtained
from either local or state boards or officers, for taxes or licenses.
for the sale of intoxicating liquors, to such benevolent or chari-
table institutions in said city which shall gratuitously aid, support
or assist the poor thereof, as may seem to said board deserving
or proper, but no such resolution shall be valid unless adopted
by a majority vote of all the members of said board; and the
comptroller shall draw his warrants in favor of such institutions
respectively mentioned in such resolutions, according to the tenor
thereof, and the chamberlain shall pay such warrants out of the
said moneys received for licenses. The term “poor,” as used in
this section, shall only include persons who would otherwise
become a charge upon said city, as foundlings, orphans, or such
prostituted or fallen women or juvenile delinquents as may be
committed to or cared for gratuitously, in or by any reformatory
institution, protectory or juvenile asylum, and persons who are
supported, relieved, or cared for gratuitously, in or by any chari-
table institution for the care or relief of the ruptured or crippled,
88 240, 241] APPROPRIATIONS FOR CONTESTING OFFICE. 121
the cure of hip or spinal diseases, the sick, or the destitute,
friendless, or infirm, including children of volunteers who died in
the late civil war, and the care and instruction of idiots, the deaf
and dumb, the blind and the insane. No payments shall be
made, in pursuance of this section, except as a per capita allow-
ance for the poor and destitute persons actually supported,
treated, cared for, or educated in the institutions referred to in
this section, except in the case of the American Female Guardian
Society and Home for the Friendless, the Children's Aid Society,
and the Shepherd's Fold of the Protestant Episcopal Church,
which shall severally receive only the same amounts as provided
by other provisions of law. The said board of estimate and
apportionment is also authorized, from time to time, and in sums.
according to its discretion, to appropriate, by resolution of said.
board, all moneys derived from penalties and fines, recovered,
pursuant to sections fourteen hundred and seventy-three, fourteen
hundred and eighty-one and fourteen hundred and eighty-two of
this act, and all moneys from licenses, provided for in chapter
twenty-two, title two of this act, to whatever benevolent or chari-
table institutions may seem to such board deserving or proper;.
but no such resolution shall be valid unless adopted by vote of a
majority of said board; and the comptroller of said city is hereby
authorized and directed to draw his warrants in favor of the cor-
porations, societies, or charitable institutions, respectively men-
tioned in such resolution according to the tenor thereof; and the
chamberlain of said city shall pay such warrants out of the said.
moneys received for such penalties, fines and licenses.
| L. 1882, ch, 410, $ 210; L. 1885, chi 249, 8 2; L. 1889, ch. 178, 8 2.
Appropriations for contesting office to be made for prevailing party
only.
§ 241. No appropriation or payment for the contesting of the
office of mayor, or any seat in the municipal assembly, or office
in any department, or the office of any officer whose salary is paid
from the city treasury, shall be made to any but the prevailing
party. Nor shall any such appropriations or payment be made
to such prevailing party except upon the written certificate of the
chief officer of the law department; and of the presiding justice of
the appellate division of the first department of the supreme court
.certifying who is such prevailing party, and the value of the ser-
vices rendered in the case. In case an officer or clerk is ordered
to be examined, in pursuance of law, the corporation counsel shall
I22
[S$ 247, 248
COMPTROLLER'S DUTIES.
assign some one from his department as counsel for the officer or
clerk making an application therefor.
L. 1882, ch. 410, $ 211; L. 1886, ch. 246.
TITLE 6.
LEVYING TAXES.
SEC. 247. Comptroller's duties.
248. Deficiencies; limits of; levies for.
249. Aggregate amount apportioned to be certified to municipal assembly
and raised.
Comptroller's duties.
$ 247. It shall be the duty of the comptroller of said The City
of New York to prepare and submit to the municipal assembly, at
least four weeks before their annual meeting, for the purpose of
imposing the annual taxes, a statement, setting forth the amounts
by law authorized to be raised by tax in that year, on account of
the corporation of The City of New York, as hereby constituted,
or for city purposes within said city, and also an estimate of the
probable amount of receipts by the city treasury during the then
current year, from all the sources of revenue of said general fund,
including surplus revenues from the sinking fund, available in
accordance with law, other than the surplus revenues of the sink-
ing fund, for the payment of the city debt, and the said munici-
pal assembly are hereby authorized and directed to deduct the
total amount of such estimated receipts from the aggregate
amount of all the various sums which, by law, they are required
to order, and cause to be raised by tax in said year, for the pur-
poses aforesaid, and to cause to be raised, by tax only, the balance
of said aggregate amount, after making such deduction.
L. 1882, ch. 410, $ 212.
11
Deficiencies; limits of; levies for.
§ 248. It shall be the duty of the municipal assembly to
include, in any and every ordinance or resolution passed by them,
imposing and levying taxes for any purpose or purposes author-
ized by law, such sum, in addition to the aggregate amount
required for such purposes, as they shall deem necessary, not
exceeding three per centum of said aggregate amount, to provide
for deficiencies in the actual product of the amount imposed and
levied therefor.
L. 1882, ch. 410, 8 213.
$ 249
123
AGGREGATE IN ANNUAL BUDGET.
Aggregate amount apportioned to be certified to municipal assembly
and raised.
§ 249. The aggregate amount estimated by the municipal
assembly and the board of estimate and apportionment, in the
annual budget, shall be certified by the comptroller to the munici-
pal assembly; and it shall be the duty of said municipal assem-
bly, in joint session of both houses, and they are hereby empow-
ered and directed annually to cause to be raised, according to
law, and collected by tax upon the estates, real and personal,
subject to taxation within The City of New York, the amount so
certified, as aforesaid.
L. 1882, ch. 410, $ 214.
CHAPTER VII.
LAW DEPARTMENT.
SEC. 255. Corporation counsel to be the head of the law department; duties;
salary.
256. Corporation counsel's power of appointment.
257. Branch offices.
258. Bureaus.
259. Bureau for recovery of penalties,
260. Bureau of collection of arrears of personal taxes.
261. Presentation of claims to be pleaded.
262. Jurisdiction of actions against the city.
263. Service of process.
264. Issuance of execution.
Corporation counsel to be the head of the law department; duties;
salary.
§ 255. There shall be a law department of The City of New
York, the head whereof shall be called the corporation counsel,
who shall be the attorney and counsel for The City of New York,
the mayor, the municipal assembly and each and every officer,
board and department of said city. The salary of the corporation
counsel shall be fifteen thousand dollars a year. The corporation
counsel shall have charge and conduct of all the law business of
the corporation and its departments and boards and of all law
business in which The City of New York is interested. He shall
have charge and conduct of the legal proceedings necessary in
opening, widening, altering and closing streets, and in acquiring
real estate or interests therein for the city by condemnation pro-
ceedings, and the preparation of all leases, deeds, contracts, bonds
and other legal papers of the city, or of, or connected with, any
department, board or officer thereof, and he shall approve as to
form all such contracts, leases, deeds, bonds and other legal
papers. He shall be the legal adviser of the mayor, the munici-
pal assembly and the various departments, boards and officers and
it shall be his duty to furnish to the mayor, the municipal assem-
bly and to every department, board and officer of the city all
such advice and legal assistance as counsel and attorney in or out
of court as may be required by them or either of them, and for
$S 255, 256] CORP. COUNSEL'S POWER OF APPOINTMENT. 125
that purpose the corporation counsel may assign an assistant or
assistants to any department that he shall deem to need the same.
No officer, board, or department of the city, unless it be herein
otherwise specially provided, shall have or employ any attorney
or counsel. The corporation counsel shall have the right to
institute actions in law or equity, and any proceedings provided
by the code of civil procedure or by law in any court, local, state,
or national, to maintain, defend and establish the rights, interests,
revenues, property, privileges, franchises or demands of the city
or of any part or portion thereof, or of the people thereof, or to
collect any money, debts, fines or penalties or to enforce the laws
and ordinances. He shall be a member of the board of estimate
and apportionment and of the board of public improvements.
L. 1882, ch. 410, $ 215; L. 1888, ch. 583, tit. 9, 81; L. 1893, ch. 106. .
(a) The corporation counsel being People ex rel. Updyke v. Gilon, 9 N.
bound to conduct all law business of Y. Supp. 243.
and render legal assistance to every (e) That attorney for collection of
department of the city, neither the personal taxes cannot retain costs re-
common council nor any other de covered in actions brought by him,
partment has power to employ other see Gale v. The Mayor, 8 Hun, 370.
counsel, and in case of such em. See 260, post.
ployment such counsel cannot recover (f) It is the duty of the corporation
from the city for services rendered counsel to act as counsel for the comp-
under such employment. Ramson v. troller. People v. Myers, 50 Hun,
The Mayor, 24 Barb. 226; S. C., 4 Abb. 483.
Pr. 342, followed in Roberts V. The (g) It is the duty of the counsel to
Same, 5 Id. 41.
the corporation to conduct the pro-
(b) The counsel to the corporation ceedings for the recovery of amounts
has no larger powers as such to bind due from delinquent taxpayers, and
the city than those connected with he is authorized to employ additional
the ordinary relations of attorney and counsel to assist him therein. Smith
client. The People ex rel. Taylor v. v. The Mayor, 5 Hun, 237.
The Mayor, 11 Abb. Pr. 66.
(n) A proceeding by commissioners
(c) The counsel to the corporation, to acquire the title to land for public
when conducting the prosecution or purposes must, under this section, be
defense of a suit in court, is an officer instituted and carried on through the
of the court, and as such, like any intervention of the law department of
other attorney in like case, responsible the city, and an objection that such a
to the court. Lowber v. The Mayor, proceeding has not been so instituted
5 Abb. Pr. 325.
is not formal, but substantial. In re
(d) The advice given by the cor- Lorillard, 13 N. Y. Supp. 83.
poration counsel to any officer or de- (c) The right of the city to conduct
partment is privileged under Code its legal business cannot be lost or
Civ. Pro., § 835, which provides that waived by the failure or omission of
attorneys shall not be allowed to dis- the corporation consul to assert the
close professional communications. right. Id.
Corporation counsel's power of appointment.
§ 256. The corporation counsel may appoint, and at pleasure
remove, as many assistants to the corporation counsel as are
necessary to the discharge of the duties of the law department,
and he may appoint and at pleasure remove such clerks, assistants,
and subordinates as are requisite to the discharge of the business
1.26
88 256-258
BUREAUS IN LAW DEPARTMENT.
of the department, giving to his appointees such titles or designa-
tions as he may deem appropriate to their services, respectively.
He shall fix and regulate the salaries and compensation of all of
his appointees within the limits of the appropriation for his
department. Any assistant corporation counsel shall, in addition
to his other powers, possess every power and perform all and
every duty belonging to the office of the corporation counsel, or
so much of such duties as the corporation counsel shall deem it
necessary to delegate whenever so empowered by said corporation
counsel by written authority, designating therein a period of time,
not extending beyond three months, nor beyond the term of office
of said corporation counsel, during which such power and authority
may be exercised; such designation and authority must be duly
filed and remain on record in the law department, and may be
revoked at any time.
L. 1882, ch. 410, $ 215; L. 1888, ch. 583, tit. 9, 81; L. 1893, ch. 106.
Branch offices.
§ 257. In addition to the main office of the corporation counsel,
which shall be located in the borough of Manhattan, he shall have
an office in the borough of Brooklyn, and, in his discretion, may
maintain an office in the borough of The Bronx, the borough of
Queens and the borough of Richmond, or either of them.
YY
Bureaus.
$ 258. The corporation counsel may establish such bureaus for
divisions of service in the law department as he may judge most
conducive to the efficient discharge of duty. There shall be a
bureau in the law department to be known as the “ bureau of
street openings.” It shall have charge under the direction of
the corporation counsel of such legal proceedings to open, widen,
alter or close streets and parks, and to acquire title to or extinguish
interests in real estate therefor, and of all such other proceedings
involving awards for damages or assessments for benefits to lands,
tenements and hereditaments as may be assigned to it by the cor-
poration counsel. The corporation counsel shall appoint and
remove, at will, the head of said bureau and all other employes
thereof, and shall regulate their salaries and compensation. The
assistants to the corporation counsel assigned to such bureau,
shall conduct in his behalf, and subject to his direction and coll-
trol, all legal proceedings so assigned, and may also act as clerks
to the commissioners of estimate or the commissioners of estimate
$S 258, 259.] BUREAU FOR RECOVERY OF PENALTIES.
127
and assessment in all such proceedings. Such bureau shall fur-
nish to the commissioners of estimate or the commissioners of
estimate and assessment in each proceeding, suitable offices and
all the assistance which they may require in preparing their pre-
liminary abstracts of estimate or of estimate and assessment, and
their final reports for presentation to the supreme court for con-
firmation. The compensation of the head of said bureau and of
all other employes thereof, and all the legal costs, charges,
expenses and disbursements incurred by said bureau on account
of such proceedings, shall be divided proportionately, as nearly as
practicable, to the services rendered or expense incurred in each
of the said proceedings, and shall be included in the assessment
for benefit to be imposed by the commissioners of estimate or the
commissioners of estimate and assessment in each proceeding as
part of the costs, charges and expenses thereof, after the same
shall have been taxed by the court in the manner now provided
by law for the taxation of such costs, charges, expenses and dis-
bursements; but the compensation of the employes of said bureau
and the necessary charges, expenses and disbursements thereof,
shall be chargeable to and shall be paid monthly, in the first
instance by the comptroller of The City of New York, out of the
fund known as “the fund for street and park openings,” created
by chapter one hundred and seventy-three of the laws of eighteen
hundred and eighty-five, and the acts amendatory thereof and
supplemental thereto, upon pay-rolls and vouchers duly certified
by the corporation counsel. The assistant clerks or other
appointees, of this bureau, engaged in the transaction of business
or duties pertaining to the borough of Brooklyn, may have their
office in the borough hall or public building of the borough of
· Brooklyn, and if, in the judgment of the corporation counsel it be
convenient and advisable, such of the assistants, clerks or other
appointees of this bureau as may be engaged in the transaction of
business pertaining to the borough of The Bronx, the borough of
Richmond or the borough of Queens, may likewise have an office
in either of said boroughs.
L. 1882, chi 410, $ 216.
Bureau for recovery of penalties.
$ 259. There shall be a bureau in the law department for the
| recovery of penalties for the violation of any law or municipal
ordinance, to be called the “bureau for the recovery of penalties.”
All actions for such recovery shall be brought in the name of The
(
1
128 PRESENTATION OF CLAIMS TO BE PLEADED. [88 259–261
City of New York, and not in that of any department, except
where otherwise provided by this act. The assistant corporation
counsel assigned to this bureau in the main office, or in the branch
office located in any borough, shall not receive for his own use
any fees or emoluments in addition to his salary, and he shall pay
into the city treasury all costs and commissions received by him
from any source whatever; such payments shall be made monthly,
and shall be accompanied by a sworn statement in such form as
the comptroller shall prescribe. Such statement, with a detailed
list of costs, commissions, fines and penalties collected, shall be
published in the “ City Record ” monthly. All fines or moneys,
from whatever source, received by the head of this bureau, shall
be paid into the treasury of the city, except as otherwise specially
provided by law.
| L. 1882, ch. 410, 8 216.
Bureau for collection of arrears of personal taxes.
§ 260. There shall be a bureau in the law department for the
collection of arrears of personal taxes to be called the “bureau for
the collection of arrears of personal taxes.” The assistant cor-
poration counsel assigned to this bureau shall give a bond to The
City of New York, with one or more sureties, to be approved by
comptroller and corporation counsel, in the penal sum of ten thou-
sand dollars, conditioned for the faithful performance of the duties
of the office and the payment over of all taxes collected by him,
which shall be filed in the comptroller's office, and he and his
bondsman or bondsmen shall be responsible to the corporation
therefor.
L. 1882, ch. 410, 8 249.
Presentation of claims to be pleaded.
§ 261. No action or special proceeding, for any cause whatever,
shall be prosecuted or maintained against The City of New York,
unless it shall appear by and as an allegation in the complaint or
necessary moving papers that at least thirty days have elapsed
since the demand, claim or claims upon which such action or
special proceeding is founded were presented to the comptroller
of said city for adjustment, and that he has neglected or refused
to make an adjustment or payment thereof for thirty days after
such presentment. If the plaintiff recovers judgment in his action
or special proceeding he shall recover full taxable costs without
regard to the amount of the judgment.
| L. 1882, ch. 410, S 1104.
$ 2617 PRESENTATION OF CLAIMS TO COMPTROLLER.
129
(a) The object of this section is to (9) The purpose of L. 1886, ch. 572,
give' an opportunity to the financial is to give the municipal authorities an
officer of the city to examine the va- opportunity to investigate a claim for
lidity of the claim presented, and by personal injuries, and a chance to pay
adjustment and payment thereof to it if just, and so avoid the expense of
avoid the expense of an action. Meyer litigation. To receive the benefit in-
V. The Mayor, 12 N. Y. State Rep. 674; tended by the statute they must have
Frankel v. The Same, 18 Id. 241. a reasonable opportunity to examine
(6) The failure to present a claim the claim after it has been presented.
to the comptroller before suit affects The bringing of an action the same
the remedy only; the presentation day, although after the notice has
does not in any way determine the ex- been presented, is not in compliance
istence of or create the debt. Taylor with the intention of the statute.
v. The Mayor, 20 Hun, 292; affi'd in 82 Freligh v. Directors of Saugerties, 70
N. Y. 10; Drake v. The Mayor, 7 Lans. Hun, 589; S. C., 24 N. Y. Supp. 182.
340.
(h) The filing of the notice of in-
(c) What is a sufficient presentation tention to sue prescribed by L. 1886,
of a claim within the meaning of the ch. 572, is a condition precedent to the
section. McDonald v. City of Troy, maintenance of an action for per-
36 N. Y. State Rep. 704; s. Č., 13 N. Y. sonal injuries against a municipal
Supp. 385.
corporation, and a failure to file such
(d) The provisions of this section re- notice furnishes a defense to the ac-
fer only to claims or special proceed- tion. Curry v. City of Buffalo, 135
ings arising on contract, and do not N. Y. 366.
apply to claims arising ex delicto. (i) The notice required by L. 1886,
Harrington v. City of Brooklyn, 119 ch. 572, must be in writing. An oraſ
N. Y. 156; s. C., 28 N. Y. State Rep. notice of intention to sue will not be
957; affi'g 24 id. 352; s. C., 5 N. Î. sufficient. Bolster V: The Mayor, 4
Supp. 673; followed in McDonough v. App. Div. 611; S. C., 38 N. Y. Supp.
The Mayor, 15 Misc. 593; S. C., 72 N. 902; Norton v. The Mayor, 16 Misc.
Y. Statě Rep. 134; 37 N. Y. Supp. 1; 303; S. C., 74 N. Y. State Rép. 386; 38
Cavin v. City of Brooklyn, Ct. of Ap- N. Y. Supp. 90.
peals, 24 Abb. N. C. 279; S. C., 28 N. (j) What is a sufficient service of
Y. State Rep. 955.
notice of intention to sue pursuant to
(e) The provisions of this section L. 1886, ch. 572. McMahon v. The
requiring the presentation of a claim Mayor, 1 App. Div. 321; S. C., 72 N.
to the comptroller for adjustment do Y. State Rep. 615; 37 N. Y. Supp. 289.
not apply to proceedings for the re- (k) When it was held that the notice
covery off damages for personal in- of intention to sue required by L. 1886,
juries due to negligence, brought in ch.572, did or did not state sufficiently
pursuance of L. 1886, ch. 572. Mc- the time and place where the alleged
Donough v. The Mayor, 15 Misc. 593; personal injuries occurred. Freligh
S. C., 72 N. Y. State Rep. 134; 37 N. 5. Directors of Saugerties, 70 Hun,
Y. Supp. 1.
589; S. C., 53 N. Y. State Rep. 741; 24
(f) By L. 1886, ch. 572, no action N. Y. Supp. 182.
will lie against the municipal authori (1) See Knox v. The Mayor, 55 Barb.
ties of any city of the State having 404; S. C., 38 How. Pr. 67; Cavan v.
fifty thousand inhabitants, 'for per- The City of Brooklyn, 5 N. Y. Supp.
sonal injuries by negligence, unless 758; Denair v. The Same, Id. 835;
begun within one year after the cause Reed v. The Mayor, and In re Dasent,
of action has accrued, nor unless no- and cases cited under section 149, ante,
tice of intention to sue, giving time and note, on the effect of statutes pro-
and place at which injuries were re- hibiting the bringing of an action ex-
ceived, has been filed with the law cept upon the performance of some
officer of the corporation within six condition, such as demand, presenta-
months after accrual of cause of ac- tion of claims or audit, collated in 24
tion. See Meyer v. The Mayor, 14 Abb. N. C. 292.
Daly, 395; S. Č., 12 N. Y. State Rep. (m) See Patterson v. City of Brook-
074; Frankel v. The Same, 18 Id. 241; lyn, 6 App. Div. 127; S. C., 40 N. Y.
S.C., 2 N. Y. Supp. 294; Babcock v. Supp. 581. As to the presentation of
The Same, 56 Hun, 196, affi'g 24 Abb. claims to the comptroller generally,
W C. 276; Titman v. The Mayor, 57 see Matter of Jetter, 78 N. Y. 601;
hun, 469; Babcock v. The Same, 10 Rening v. The City of Buffalo, 102 N.
Y. 308.
N. Y. Supp. 368.
130
ACTIONS AGAINST THE CITY. [S$ 262–264
Jurisdiction of actions against the city.
$ 262. The supreme court shall have exclusive jurisdiction over
all actions or special proceedings wherein The City of New York
is made a party defendant. And all such actions shall be tried in
that county wholly or partly embraced within The City of New
York in which the cause of action arose, or in the county of New
York, subject to the power of the court to change the place of
trial in the cases provided by law.
L. 1882, ch. 410, S 1103.
See Mussen v. Ausable Granite Works, 63 Hun, 268; Getman v. The Mayor,
66 id. 236.
Service of process.
§ 263. All process and papers for the commencement of actions
and legal proceedings against The City of New York shall be
served either upon the mayor, the comptroller or the corporation
counsel.
L. 1882, ch. 410, S 1105.
Issuance of execution.
$ 264. No execution shall be issued upon any judgment recovered
against The City of New York until after ten days' notice, in writ-
ing, of the recovery of such judgment shall have been given to the
comptroller.
L. 1882, ch. 410, $1106.
CHAPTER VIII.
POLICE DEPARTMENT.
SEC. 270. Police board; commissioners; salary.
271. Police board; authority; bureau of elections.
272. Id.; to make and enforce rules and regulations.
273. Boards and offices abolished and forces consolidated.
274. Police department; powers and authority transferred to.
275, Property to vest in the city of New York and be managed by police
department.
276. Police force; composition.
277. Id.; members of former forces in New York city transferred.
278. Id.; members of former forces in Brooklyn transferred.
279. Id.; members of former force in Long Island City transferred.
280. Id.; members of former force in Richmond county transferred.
281. Police board; authority over members transferred by preceding
sections; rank of transferred members.
282. Id.; authority over employes of former boards; duties and salaries
of such employes.
283. Id ; power to appoint and remove members and employes; salaries
and fines.
284. Police force; qualifications of members; publishing names and resi-
dence of applicants and appointees.
285. Id.; warrant of appointment; oath.
286. Id.; chief of police; first appointment.
287. Id.; other officers; first appointments.
288. Id.; promotions.
289. Id.; increase of.
290. Id.; central office; bureau of detectives.
291. No member of department to be interested in other office.
292. Chief of police; duties and powers.
293. Id.; absence or disability of.
294. Police surgeons; duties and districts.
295. Police board; president and treasurer.
296. Id.: duties of treasurer; bond; deputy treasurer.
297. Id.; to pay salaries and discharge obligations of department.
298. Id.; copy of minutes, when evidence.
299. Salaries of officers and members of force.
300. Police board; rules, etc., for government and discipline of police
department and police force; dismissals.
301. Police commissioners, etc., may issue subpoenas; who may admin-
ister oaths.
302. Police board; punishments by ; limitation of suits for reinstate-
ments, etc.
132
[$ 270
POLICE DEPARTMENT.
Sec. 303. Police force; resignations and absences on leave.
304. Id.; regulations of civil service commissioners.
305. Police board; rewards to informers.
306. Police force; gratuities and political contributions forbidden; may
be permitted to retain rewards.
307. Id.; detail of policeman at polls.
308. Id., special patrolmen; when may be appointed ; military assistance.
309. Police board; detail persons to attend courts.
310. Police department to co-operate with department of health.
311. Police force; arrests for violation of health laws.
312. Id.; detail of officers and men to assist department of health.
313. Id.; detail of officers and men to assist the department of public
parks.
314. Id.; detail of officers and men to assist the department of bridges.
315. Id.; duties of.
316. Id.; general powers over certain trades.
317. Id.; may examine pawnbroker's books.
318. Id.; suppression of gaming and other houses.
319. Rules and regulations as to navigable waters within the city limits.
320. Police board; to furnish station houses, etc., and fix boundaries of
precincts; headquarters.
321. Id.; to provide accommodations for detention of witnesses.
322. Id.; to provide lodging for vagrants, etc.
323. Id.; may maintain and operate telegraph and telephone lines, and
use same in assisting department of health.
324. Id.; may use boats; establish mounted patrol, sell old property, etc.
325. Applications for medical attendance; registered physicians.
326. Compensation of registered physician; certificate, etc.
327. Physician to report to department of health.
328. Nearest physician to be called; penalty for refusal to attend
329. List of registered physicians to be posted.
330. Hours of service of registered physicians.
331. Stolen property; property clerk; employment of and duties.
332. Id.; return of property to person accused.
333. Id.; claim to, by another person.
334. Unclaimed, lost, stolen, etc., property, to be registered and advertised.
335. Id.; to be sold if unclaimed.
336. Stolen property desired as evidence in criminal court.
337. Police force; arrests without warrant.
338. Id.; returns of arrests; accused to be taken before a magistrate.
339. Penalty for personating policeman, and for willful neglect of police.
340. Misdemeanor for persons not members of police force to serve crim-
inal process.
341. Exemption from military and jury duty, and civil process.
342. Steam boilers; inspection of; not to be operated without certificate.
343. Id.; no person to use, or act as engineer for, without certificate.
344. Id.; record of inspections to be kept.
345. Id.; over-pressure forbidden; owner neglecting to report boiler.
346. Police board; licenses for public exhibitions.
347. Id.; licenses to emigrant boarding-houses; bond.
348. Id.; licenses to bookers of emigrant passengers.
349. Id.; licenses to runners; bonds.
$$ 270, 271] POLICE BOARD; SALARY AND AUTHORITY.
133
SEC. 350. Id.; special patrolmen for district telegraph companies.
351. Police pension fund; police boards trustees of; powers over.
352. Id.; funds to be paid trustees; exemption from execution and pro-
cess; false swearing in pension claims.
353. Id.; of what it consists.
354. Id.; pensions classified.
355. Id.; when members of force entitled to pension; amount and
duration.
356. Id.; when certain pensions terminate; equalizing existing pensions.
357. Id.; certificate of disability; department may make rules.
358. Elections ; powers transferred to police board; board and offices
abolished.
359. General bureau of elections; control of; branches.
360, Id.; management; superintendent.
361. Id.; appointment of chiefs of branches and assistants ; salaries of
assistants ; detailing members of police force.
362. Id.; officers' terms and salaries; removals.
363. Id.; employes continued in service.
364. Id.; appropriation for expenses of.
365. Id.; superintendent the chief executive officer; annual report.
366. Id.; chiefs of branches ; duties ; location of offices.
367. Id.; election expenses a charge against the city.
368. Id.; existing records and property transferred to custody of.
369. Id.; superintendent to destroy registers of electors, etc.
370. Id.; application of preceding section.
371. Disposition of proceeds of sales.
Police board; commissioners; salary.
$ 270. The head of the police department shall be called the
police board. Said board shall consist of four persons, to be
known as police commissioners of The City of New York. They
shall be appointed by the mayor, and shall hold their respective
offices as provided in chapter four of this act. No more than
two of said commissioners shall, when either of them is appointed,
belong to the same political party, or be of the same political
opinion on state and national politics. The salary of each of said
police commissioners shall be five thousand dollars a year.
L. 1882, ch. 410, SS 37, 52; L. 1895, ch. 569, $ 1.
See People ex rel. Mason v. McClave, 99 N. Y. 83, 94.
Police board; authority; bureau of elections.
$ 271. The said police board shall have cognizance and control
of the government, administration, disposition and discipline of
the said police department, and of the police force of said depart-
ment, and it shall also have cognizance and control of the bureau
of elections hereinafter mentioned, and said bureau of elections
shall be a part of said police department.
L. 1882, ch. 410, SS 250, 260,
134
POWERS AND AUTHORITY TRANSFERRED. [S$ 272-274
Id.; to make and enforce rules and regulations.
§ 272. The said police board shall make, adopt and enforce such
rules, orders and regulations, and do all such other acts as may be
reasonably necessary to effect a prompt and efficient exercise of
all powers conferred by law, and the performance of all duties
imposed by law upon the said board or the said department, or
upon any part of or person in said department. But said board
shall do no act which is contrary to or inconsistent with this act.
L. 1882, ch. 410, $ 250.
See cases cited under & 300, post. .
Boards and offices abolished and forces consolidated.
$ 273. Except as herein otherwise expressly provided, the police
department, the board of police and the offices of the police com-
missioners of the city of New York, provided for by the New
York city consolidation act of eighteen hundred and eighty-two,
and the acts amendatory thereof, the office of commissioner of
police and excise of the city of Brooklyn, the board of police com-
missioners for Long Island City and the board of commissioners
of police for the county of Richmond are hereby abolished. The
respective police forces and departments heretofore existing in
the said cities and the said county, including the park police of
the mayor, aldermen and commonalty of the city of New York,
and the park police of the city of Brooklyn, and the police force
of the New York and Brooklyn bridge are hereby consolidated
into one department and force to be constituted, controlled and
administered as provided in this chapter. .
Police department; powers and authority transferred to.
$ 274. All the rights, powers, authority, duties and obligations,
immediately heretofore by law vested in or imposed upon the
police departments, or either of the boards or commissioners
mentioned in the last above section, shall forthwith by force of
and as an effect of this chapter be transferred to and continue in
the police department created by this act except in so far as the
same shall be contrary to or inconsistent with the provisions of
this chapter. All the rights, powers, authority duties and obli-
gations relative to, or connected with the appointment, control or
cognizance of any police force immediately heretofore by law
vested in or imposed upon the commissioners of public parks in
the city of New York, the department of parks of the city of
Brooklyn, and the board of trustees of the New York and Brook-
lyn bridge, shall forthwith, by force of, and as an effect of this
S$ 274–276] PROPERTY MANAGED BY POLICE DEPARTMLY.
'T. 135
chapter be transferred to and continued in the police department
created by this act, except in so far as the same shall be contrary
to or inconsistent with the provisions of this chapter.
As to New York city police, see police, N. Y. City Consolidation act,
N. Y. City Consolidation Act, L. 1882, Id. ch. 13; as to Brooklyn Bridge poo
ch. 410, ch. 8; as to Brooklyn police, lice, Id. ch. 25, tit. 3; as to Long
L. 1888, ch. 583; as to New York park Isand City police, L. 1871, ch. 461, tit. 5.
Property to vest in the city of New York and be managed by police
department.
$ 275. All moneys, funds and property, and all rights and title
to and interest in, and possession of and control over and all rights
to the use and possession of any moneys, funds or property, which
when this act takes effect, shall be vested in, held or exercised by
the department, or either of the boards or commissioners, men-
tioned in section two hundred and seventy-three of this act, or
which shall then be applicable to, or used for the purposes of,
or in the maintenance of, or in connection with the functions or
duties of either of the respective police forces appointed by the
commissioners of public parks in the city of New York, the depart-
ment of parks of the city of Brooklyn, or the said trustees of the
New York and Brooklyn bridge, shall forthwith by force of and
as an effect of this chapter, be and become vested in The City of
New York, and the same shall be held, exercised, managed, con-
trolled, used and applied by, and under the direction of the police
department created by this act until it is otherwise lawfully pro-
vided. No such money, funds or property shall however be used
for or applied to any purpose different in kind from that for or to
which the same might theretofore have been lawfully used or
applied, until such different use or application shall first have been
lawfully authorized.
See statutes cited under $ 274, ante.
YT
YY
Police force; composition.
$ 276. Until otherwise provided by the municipal assembly,
upon the recommendation of the police board, the police force in
the police department created by this chapter, shall consist of the
following members, to wit: A chief of police; five deputy chiefs
of police; ten inspectors of police; captains of police, not exceed-
ing in number one to each fifty of the total number of patrolmen,
except in the rural portion of the city; sergeants of police, not
exceeding four in number to each fifty of the total number of
patrolmen; roundsmen not exceeding four in number to each
136
POLICE FORCE; COMPOSITION. [S$ 276–278
fifty patrolmen; detective sergeants to the number authorized by
law; the members of the telegraph force as specified in section
two hundred and seventy-seven of this act; doormen of police,
not exceeding two in number to each fifty of the total number of
patrolmen; surgeons of police, not exceeding forty in number,
one of whom shall be chief surgeon, and patrolmen to the number
of six thousand three hundred and eighty-two.
| L. 1882, ch, 410, 3 265 ; L. 1895, ch. 569, $ 3.
Id.; members of former forces in New York city transferred.
$ 277. The members of the police force of the city of New
York, and the members of the police force appointed by the com-
missioners of public parks in said city, as said forces are provided
for by sections two hundred and sixty-five and six hundred and
ninety of the New York city consolidation act of eighteen hun-
dred and eighty-two, and by the statutes amendatory of and sup-
plementary to said sections, who shall be such members of said
forces respectively when this act takes effect, shall be members of
the police force specified in section two hundred and seventy-six
of this act. The employes of the telegraph force of the police
department, of the mayor, aldermen and commonalty of the city
of New York who are in office when this act takes effect, shall
take the same rank in the police force specified in section two
hundred and seventy-six of this act, as the telegraph force of the
police department of the city of Brooklyn has under existing laws;
provided, however, that until otherwise ordered by the police
board, the superintendent of telegraph of the police force of the
mayor, aldermen and commonalty of the city of New York shall
be superintendent of telegraph for the police force specified in
said section two hundred and seventy-six of this act; and the
deputy superintendent of telegraph of the police force of said,
the mayor, aldermen and commonalty of the city of New York,
shall be deputy superintendent of telegraph in the central office
in the borough of Manhattan; and the superintendent of tele-
graph of the police force of the city of Brooklyn shall be superin-
tendent of police telegraph for the borough of Brooklyn.
L. 1882, ch. 410, S 265, as amended by L. 1895, ch. 569; L. 1882, ch. 410,
$ 690, as amended by L. 1892, ch. 365. Šee, also, statutes cited under 274,
ante.
Id.; members of former forces in Brooklyn transferred.
$ 278. The superintendent and deputy superintendent of police,
and each inspector, captain, sergeant, detective-sergeant, rounds-
SS 278-281] AUTHORITY OVER POLICE FORCE TRANSF’D. 137
man, patrolman, doorman, bridge-keeper, police surgeon, superin-
tendent of telegraph, arid telegraph operator, who is, when this
act takes effect, in, of, or attached to the police force of the city
of Brooklyn, or the police force appointed by the department of
parks of said city, or the police force appointed by the board of
trustees of the New York and Brooklyn bridge, pursuant to sec-
tion eight of chapter three hundred of the laws of eighteen hun-
dred and seventy-five, and the acts amendatory thereof, or
supplementary thereto, shall be members of the police force
specified in section two hundred and seventy-six of this act.
L. 1888, ch. 583, tit. XI, § 4, as amended by L. 1889, ch. 158, and L. 1893,
chs. 317, '695 : L. 1875, ch, 300, § 8, as amended by L. 1887, ch. 192, and L.
1894, ch. 700; L. 1891, chs. 128, 332 ; L. 1892, ch. 76 ; L. 1893, ch. 278.
Id.; members of former force in Long Island City transferred.
$ 279. The lawfully appointed captain, sergeant and patrolmen
of the police force of Long Island City, who shall be such when
this chapter takes effect, shall be members of the police force,
specified in section two hundred and seventy-six of this act.
L. 1871, ch. 461, title V, ch. 5, $ 2.
Id.; members of former force in Richmond county transferred.
$ 280. The captain and each sergeant, roundsman and patrol-
man of the police force of the county of Richmond, or of any
town or village in that part of the county of Queens included in
The City of New York, as hereby constituted, shall be members
of the police force specified in section two hundred and seventy-
six of this act.
Police board; authority over members transferred by preceding sec-
tions; rank of transferred members.
§ 281. The police board created by this act shall have the same
powers, control and authority over the members of the police
force, transferred thereto by sections two hundred and seventy-
seven, two hundred and seventy-eight, two hundred and seventy-
nine and two hundred and eighty of this act, and over their tenure
of such membership and removal therefrom, as the said board
shall have over the members of said force, appointed thereto by
said board, and especially, except as otherwise provided by this
chapter, to fix and assign the rank, title, duties, powers and place
of service of said transferred members. Until by said board
otherwise provided the rank, title, duties, powers and place of
service of said transferred members shall be the same as they
138
[S$ 282–284
APPOINTMENT AND REMOVAL.
1
were in the police force to which they belonged before this act
took effect.
Id.; authority over employes of former boards; duties and salaries of
such employes...
§ 282. All clerks, matrons, secretaries, and other subordinates,
assistants and employes attached to, or in the service of the
department or either of the boards or commissioners specified in
section two hundred and seventy-three of this act, until it shall be
otherwise provided by the police board created by this act, shall
perform like services and duties and receive therefor the same
salaries or compensation as they performed and received respec-
tively prior to this act taking effect. But such clerks, matrons,
secretaries, and other subordinates, assistants and employes, their
services, duties, salaries or compensation, tenure of and removal
from their positions or employment shall in all respects, be subject
to the control and authority of the police board created by this act.
Id.; power to appoint and remove members and employes; salaries and
fines.
$ 283. Subject to the powers by this act conferred on the board
of estimate and apportionment and the municipal assembly of The
City of New York, and to such other provisions of this act as may
limit their power in the premises, the police board created by this
act shall have power to appoint and to remove the members of
the police force specified in section two hundred and seventy-six
of this act, and also such clerks, police matrons, secretaries, and
other subordinates, assistants and employes as may be reasonably
necessary to the proper performance of the duties and execution
of the powers and functions of the police department created by
this act or of any of the component parts thereof, and to prescribe
their respective ranks, duties and compensation. The salary or
compensation of any of such members of the said police force as
are specified in sections two hundred and seventy-seven, two hun-
dred and seventy-eight, two hundred and seventy-nine and two
hundred and eighty of this act, as the same is lawfully fixed at
the time this chapter takes effect and immediately prior thereto,
shall not be decreased. The salary or compensation of members
of the police force shall be subject to all fines, penalties, forfeit-
ures and deductions lawfully imposed for cause.
Police force; qualifications of members; publishing names and resi-
dences of applicants and appointees.
§ 284. No person shall ever be appointed or reappointed to
SS 284-286] QUALIFICATIONS OF POLICE FORCE.
139
membership in the police force or continue to hold membership
therein, who is not a citizen of the United States, or who has ever
been convicted of felony, or who can not read and write under-
standingly in the English language, or who shall not have resided
within the state one year next preceding his appointment, but
skilled officers of experience may be appointed for detective duty
who have not resided as herein required. No person shall be
appointed patrolman who shall be at the date of such appointment
over thirty years of age; nor shall any person who shall have
been a member of the force and have resigned, or have been
dismissed therefrom, be reappointed, except upon the concurring
vote of all the members comprising the board to be taken by ayes
and noes, and recorded in the minutes. The name, residence and
occupation of each applicant for appointment or reappointment
to any position in the police department, as well as the name,
residence and occupation of each person appointed to any position,
shall be published, and such publication shall, in every instance,
be made, on the Saturday next succeeding such application, or
appointment, in the City Record.
L. 1882, ch. 410, $ 268, as amended by L. 1892, ch. 177, $ 1.
(a) The “offense of intoxication”
is a crime within the meaning of this
section, prohibiting any person con-
victed of any crime from being ap.
pointed to membership on the police
force or from holding membership
therein. People ex rel. Kopp v.
French, 102 N. Y. 583 ; s. C., 4 N. Y.
Crim. Rep. 447, affi'g 39 Hun, 507;
S. C., 4 N. Y. Crim. Rep. 300.
Id.; warrant of appointment; oath.
§ 285. Every member of the police force shall have issued to
him, by the police department, a proper warrant of appointment,
signed by the president of the police board and chief clerk or first
deputy clerk of said department or of the police board, which
warrant shall contain the date of his appointment and his rank.
Each member of the police force shall, before entering upon the
duties of his office, take an oath of office and subscribe the same
before any officer of the police department who is empowered to
administer an oath.
L. 1882, ch. 410, $ 270; as amended by L. 1884, ch. 180, $ 6.
Id.; chief of police; first appointment.
$ 286. The chief of police first appointed under this chapter
shall be selected from one of the following named members trans-
ferred to the police force by sections two hundred and seventy-
seven and two hundred and seventy-eight of this act, to wit: The
140
FIRST APPOINTMENT OF OFFICERS. [SS 286-288
chief of police, the superintendent of police, the deputy chief of
police and the deputy superintendent of police.
(D
Id.; other officers; first appointment.
$ 287. In making the first appointments of the other members
of the police force specified in section two hundred and seventy-
six of this act, whose appointment may be necessary to make up
the full membership of said force provided for by said section,
three of the deputy chiefs 'shall be selected from the chief of
police, the superintendent of police, the deputy chief of police
and the deputy superintendent of police transferred by sections
two hundred and seventy-seven and two hundred and seventy-
eight of this act, and two from the inspectors of the respective
police forces transferred by sections two hundred and seventy-
seven, two hundred and seventy-eight, two hundred and seventy-
nine and two hundred and eighty of this act; inspectors of police
shall be selected from, first, the police inspectors, and second,
from the captains of police transferred as aforesaid; the captains
of police shall be selected from, first, the captains, and second,
from the sergeants of the respective police forces transferred by
sections two hundred and seventy-seven, two hundred and seventy-
eight, two hundred and seventy-nine and two hundred and eighty,
of this act; sergeants of police shall be selected from, first, the
sergeants, and second from the detective sergeants and rounds-
men of the respective police forces transferred, by sections two
hundred and seventy-seven, two hundred and seventy-eight, two
hundred and seventy nine and two hundred and eighty of this act.
Id.; promotions.
$ 288. Promotions of officers and members of the police force
shall be made by the police board, as provided in section three
hundred and four of this act, on grounds of seniority, meritorious
police service and superior capacity; and shall be as follows:
Sergeants of police shall be selected from among patrolmen
assigned to duty as roundsmen, as provided in section two hun-
dred and ninety-two of this act; captains from among the ser-
geants; inspectors from among captains; deputy chiefs of police
from among inspectors and captains; and chief of police from
among deputy chiefs, inspectors and captains, but no promotion
shall be made, except in the case of a vacancy in the office of chief
of police, unless the same is recommended by the chief of police
in writing, stating his reasons for such recommendation. In case
$8 288–290] CENTRAL OFFICE BUREAU OF DETECTIVES.
141
of the rejection of any recommendation for promotion, the chief
of police shall submit another name within three days, and shall
continue so to do until the vacancy is filled.
L. 1882, ch. 410, $ 271; as amended by L. 1895, ch. 569, § 5.
(a) Where two inspectors of the
police are appointed on the same day,
the one whose resolution of appoint-
ment is first passed is entitled to sen-
iority, although the earlier appointee
took the oath of office later than the
other. People ex rel. Conlin v. Mar-
tin, 52 N. Y. State Rep. 641; S. C., 23
N. Y. Supp. 730.
Id.; increase of.
§ 289. The police board is authorized to increase the police
force by adding to the number of patrolmen from time to time,
provided the board of estimate and apportionment and the munici-
pal assembly shall have previously made an appropriation for
that express purpose, such increase not to exceed one hundred
and fifty in any one year. The board of estimate and apportion-
ment and the municipal assembly may include in the annual
budget from year to year, and the comptroller shall certify, as
required by law, to the municipal assembly, and the municipal
assembly shall include in the annual tax levy an amount sufficient
to provide for the compensation of the additional patrolnien
authorized to be appointed pursuant to the provisions of this
section.
L. 1882, ch. 410, § 265; as amended by L. 1895, ch. 569, $ 3.
Id.; central office bureau of detectives.
§ 290. The police board shall maintain a bureau which shall be
called the central office bureau of detectives, and shall select and
appoint to perform detective duty therein as many patrolmen as
said board may, from time to time, determine to be necessary to
make that bureau efficient. The patrolmen so selected and
appointed shall be called detective sergeants, and shall be assigned
to duty in that bureau, and while performing such detective duty
shall be vested with the same authority and be entitled to receive
and be paid the same salary as sergeants of police under this
chapter; but the police board may by order, reduce to the grade
of patrolman, and transfer such detective sergeants or any of them
to perform patrol or other police duty, and when so transferred
they shall only be entitled to receive and be paid the same rate of
compensation as ordinary patrolmen of the police force under this
chapter. Nothing in this section shall be construed to authorize
the police board to appoint any additional patrolmen in place of
said detective sergeants. The headquarters of said central office
142
DUTIES AND POWERS OF CHIEF OF POLICE. [98 290-292
bureau of detectives shall be at the police headquarters in the
borough of Manhattan, and a branch oífice thereof shall be main-
tained at the police headquarters in the borough of Brooklyn, and
other branch offices thereof may be maintained at the police
headquarters in each of the other boroughs into which The City
of New York is divided by this act.
L. 1882, ch. 410, S 265; as amended by L. 1895, ch. 569, $ 3.
No member of department to be interested in other office.
$ 291. Any police commissioner, or any member of the police
force, who shall, after qualifying in office, accept any additional
place of public trust, or civil emolument, or who shall during his
term of office be publicly nominated for any office elective by
the people, and shall not, within ten days succeeding the same,
publicly decline the said nomination, shall be in either case
deemed thereby to have resigned his commission and to have
vacated his office, and all votes cast at any election for any person
holding the office of police commissioner, or within thirty days
after he shall have resigned such office, shall be void.
L. 1882, ch. 410, 8 263.
Chief of police; duties and powers.
§ 292. The chief of police shall be the.chief executive officer of
the police force. He shall be chargeable with and responsible
for the execution of all laws and the rules and regulations of the
department. He shall assign to duty the officers and members
of the police force, and shall have power to change such assign-
ments from time to time, whenever, in his judgment, the exigen-
cies of the service may require such change; provided, however,
that permanent assignments of patrolmen to duty as roundsmen
shall be made by the police board on the recommendation of the
chief of police, and in case of the rejection of any such assign-
ment recommended by the chief of police, he shall within three
days submit another name and continue so to do until a perma-
nent assignment is made. He shall have power to suspend with-
out pay, pending the trial of charges, any member of the police
force; provided, however, that no such suspension shall be con-
tinued for a period of more than ten days without affirmative
action to that effect by the police board. If any member of the
police force so suspended shall not be convicted by the police
board of the charges so preferred, he shall be entitled to full pay
. from the date of suspension, notwithstanding such charges and
S$ 292-296] PRESIDENT AND TREAS. OF POLICE BOARD.
143
suspension. Said chief of police may grant leaves of absence to
members of the force for a period not exceeding five days. He
shall report to the police board all changes or assignments of
officers and all leaves of absence granted.
L. 1882, ch. 410, $ 266; as amended by L. 1895, ch. 569, $ 4.
Id.; absence or disability of. .
§ 293. In case of the absence or disability of the chief of police,
a deputy chief of police designated by the police board, or in case
no deputy chief is so designated, then a deputy chief of police
designated by the chief of police shall discharge all the duties of
chief of police; or in case each deputy chief of police be absent
or disabled, or, for any good cause, is not available for such desig-
nation, then the duties of chief of police shall be performed by
one of the inspectors of police to be designated by the police
board.
L. 1882, ch. 410, § 266; as amended by L. 1895, ch. 569, 8 4.
Police surgeons; duties and districts.
$ 294. The duties of the police surgeons, and the extent and
bounds of their districts, shall be assigned, from time to time, by
the rules and regulations of the police board. The police board
may, if requested by the department of health, employ their sur-
geons to aid the sanitary inspectors in the discharge of their
duties, under such regulations and orders as the police board
may make and issue.
L. 1882, ch. 410, 8 967.
Police board; president and treasurer.
$ 295. The police board shall appoint and remove at pleasure
one of their number as the president and another of their num-
ber as treasurer of said board, and prescribe for and assign to
them respectively as president and treasurer such powers and
duties as may be consistent with law.
L. 1882, ch. 410, $ 264; as amended by L. 1884, ch. 180, $ 3.
Id.; duties of treasurer; bond; deputy treasurer.
$ 296. The treasurer of said board shall be the fiscal officer
thereof, and chief purchasing agent of the department, and shall,
by check and voucher, duly disburse by order of the said police
board, all moneys belonging to the police department or police
fund, and shall deposit the same, when paid to him, in a bank or
banks or trust company designated by said police board. The
144
DUTIES OF TREASURER AND BOND. [S$ 296, 297
treasurer shall, within twenty days after he shall have received
notice of his appointment, and before he shall enter upon the
execution of the duties of his office, execute a bond in not less
than the sum of twenty thousand dollars, to The City of New
York, with two sufficient sureties, who shall each justify in the
sum of not less than twenty thousand dollars, conditioned that
he will well and faithfully in all things perform and execute the
office of treasurer during his continuance in office, said bond to
be approved by the comptroller and filed in his office. The said
treasurer shall have power, as soon as may be after he takes upon
himself the execution of his office, to appoint, by and with the
consent of the police board, some proper person deputy treasurer,
to hold office during the pleasure of the treasurer, and as often
as a vacancy shall occur in the office of such deputy treasurer, or
he shall become incapable of executing the same, another shall,
in like manner, be appointed in his place. In case of the absence,
inability or disability of the treasurer to perform his duties, the
said deputy treasurer shall have full powers to perform all the
duties of the treasurer during such absence, inability or disability.
The treasurer shall be responsible for all the acts of the deputy
treasurer, and any default or malfeasance in the office of such
deputy treasurer shall be deemed to be a breach of the condition
in the bond given by said treasurer who appointed him, as herein
provided
L. 1882, ch. 410, § 264; as amended by L. 1884, ch. 180, § 3.
Id.; to pay salaries and discharge obligations of department.
$ 297. The police board through its treasurer, and in pursuance
of orders, rules and regulations of the police board, shall pay all
salaries and wages to officers and members of the police depart-
ment and force, as established by and in pursuance of law, and
all bills, claims and obligations lawfully incurred by or by au-
thority of said police department; and the comptroller shall pay
over to the treasurer of the police board on the requisition of the
police board, the total amount annually estimated, levied, raised,
and appropriated for the support and maintenance of the police
department and force, from time to time, and in such sums as
shall be required (not exceeding one-twelfth part of said total
annual amount in any one month), and the treasurer of the police
board, if required by the comptroller, shall transmit to the depart-
ment of finance, each month, duplicate vouchers for the payment
of all sums of money made on account of the police department
$$ 297–299] COPIES OF MINUTES OF POLICE BOARD.
145
during each month. The police board shall procure and pay for
all printing, books, blanks, paper, and other articles of stationery
required for the administration and business of the department
and each bureau thereof.
L. 1882, ch. 410, SS 262, 264; as amended by L. 1884, ch. 180, $ 3.
Id.; copy of minutes, when evidence.
$ 298. A copy of the minutes of the police board, or of any
part of said minutes, or of any order or resolution of said board,
or of the rules and regulations established by said board, or any
or either of them, when certified by the president of said board
and the chief clerk, or first deputy clerk of said board or of said
police department, may be given in evidence upon any trial,
investigation, hearing or proceeding in any court, or before any
tribunal, commissioner or commissioners, or board, with the same
force and effect as the original.
| L. 1882, ch, 410, 8 250.
1
Salaries of officers and members of the force.
$ 299. Except as otherwise provided in sections two hundred
and eighty-three and two hundred and ninety of this act, the
annual salaries and compensation of the officers and members of
the police force shall be as follows, to wit: of the chief of police,
six thousand dollars; of each deputy chief of police, five thousand
dollars; of each inspector of police, three thousand five hundred
dollars; of each captain of police, two thousand seven hundred
and fifty dollars; of each police surgeon, three thousand dollars ;
of each sergeant of police, two thousand dollars; of each door-
man, one thousand dollars; of each roundsman, one thousand five
hundred dollars; and the grade and pay or compensation of
patrolmen or policemen shall be as follows, to wit: All such
members who are patrolmen and who shall have served five years
or upwards on said force, shall be members of the first grade.
All such members who, shall have served on such force for less
than five years and more than four years and six months, shall be
members of the second grade. All such members who shall have
served on such force for less than four years and six months, and
more than four years, shall be members of the third grade. All
such members who shall have served on such force for less than
four years and more than three years, shall be members of the
fourth grade. All such members who shall have served on such
IO
146
SALARIES OF POLICE FORCE.
force for less than three years and more than two years, shall
members of the fifth grade. All such members who shall ha
served on such force for less than two years and more than o
year, shall be members of the sixth grade. And all persons a
pointed patrolmen on or after the first day of January, eighte
hundred and ninety-eight, shall be members of the seventh grad
Whenever any member of the seventh grade shall have done se
vice therein for one year, he shall be advanced to the sixth grad
Whenever any member of the sixth grade shall have done servi
therein for one year, he shall be advanced to the fifth grad
Whenever any member of the fifth grade shall have done servie
therein for one year, he shall be advanced to the fourth grad
Whenever any member of the fourth grade shall have dor
service therein for one year, he shall be advanced to the thir
grade. Whenever any member of the third grade shall ha
done service therein for six months, he shall be advanced to th
second grade. And any member of said force who shall hav
served six months in the second grade, shall become a membe
of the first grade. But no such patrolman shall be so advance
as aforesaid, except after examination and approval by the polic
board of his record, efficiency, and conduct. The annual pay o
compensation of the members of the police force who are patro
men, as aforesaid, shall be as follows: For members of the fir:
grade, at the rate of not less than one thousand four hundre
dollars each; for members of the second grade, at the rate of n
less than one thousand three hundred and fifty dollars each; f
members of the third grade, at the rate of not less than one tho
sand two hundred and fifty dollars each ; for members of t
fourth grade, at the rate of not less than one thousand one hi
dred and fifty dollars each; for members of the fifth grade, at 1
rate of not less than one thousand dollars each; for members
the sixth grade, at the rate of not less than nine hundred doll
each; for members of the seventh grade, at the rate of not
than eight hundred dollars each. The pay or compensat
aforesaid shall be paid monthly to each person entitled ther
subject to such deductions for or on account of lost time, sickr
disability, absence, fines, or forfeitures, as the police departn
may, by rules and regulations, from time to time prescrib
adopt.
Nothing in this section contained shall be construed to ch
in any way the salaries or grading, present or prospective, o
patrolmen or policemen who are or become members of the
1
nYY
S$ 299, 300]
147
SALARIES OF POLICE FORCE.
York police force prior to January first, eighteen hundred and
ninety-eight.
All other patrolmen or policemen of the various police forces
consolidated into a single force by the provisions of this act, shall
belong, so far as pay or compensation is concerned, to the grade
indicated by the pay or compensation which they are respectively
receiving on January first, eighteen hundred and ninety-eight.
But nothing in this section contained shall be construed to affect
in any other way the rights and privileges secured under the pro-
visions of this act to the members of the various police forces
consolidated into a single force by this act.
The date for the eligibility of any member of the forces trans-
ferred to the consolidated force by sections two hundred and
seventy-seven, two hundred and seventy-eight, two hundred and
seventy-nine and two hundred and eighty of this act for advance-
ment to the next grade, shall be the day of the year on which he
was originally appointed to the force from which he was trans-
ferred; and any member of the forces so transferred not a mem-
ber of the New York police force prior to January first, eighteen
hundred and ninety-eight, whose salary falls between two grades,
shall receive the salary of and be assigned to the grade next above
the salary he is receiving at the time of transfer.
Salaries of all officers in the forces so transferred, other than
officers in the New York police prior to January first, eighteen
hundred and ninety-eight, shall be equalized on the same basis.
If the difference in pay is not more than fifty dollars, the pay
shall be equalized at once. If the difference is more than fifty
dollars, the pay shall be made uniform within three years by
equal annual additions.
„L. 1882, ch. 410,5 287; as amended by L. 1884, ch. 180, $ 11; L. 1888, ch. 583,
tit. II, 8 6; L. 1889, ch. 542.
, (a) The salary of a police surgeon office at a less sum, and the acceptance
being fixed by law, the board of police of the appointment was not a waiver
having the power of appointment to of the statutory provision. People
the office cannot reduce salary thereof ex rel. Satterlee v. Board of Police, 75
or make a binding contract with their N. Y, 38, reversing 12 Hun, 653.
appointee to perform the duties of the
Police board; rules, etc., for government and discipline of police de-
partment and police force; dismissals.
$ 300. The police board is authorized and empowered to make,
adopt and enforce rules, orders and regulations for the govern-
ment, discipline, administration and disposition of the police
department and police force and the members thereof. It shall
148
RULES FOR GOVERNMENT AND DISCIPLINE.. [$ 300
have power and is authorized to adopt rules and regulations for
the examination, hearing, investigation and determination of
charges made or preferred against any member or members of
the said police force, but no member or members of the police
force except as otherwise provided in this chapter shall be fined,
reprimanded, removed, suspended or dismissed from the police
force until written charges shall have been made or preferred
against him or them, nor until such charges have been examined,
heard and investigated before one or more members of said board,
upon such reasonable notice to the member or members charged,
and in such manner of procedure, practice, examination and in-
vestigation as the said board may, by rules and regulations, from
time to time prescribe. Such rules and regulations shall, as nearly
as may be, provide that where a charge is preferred against any
member of the police force, the investigation of such charge and
the taking of testimony with reference thereto shall be at police
headquarters in the borough within which the accused member
was serving at the time the charge was preferred. In all cases
where the offense charged is punishable by fine, the case may be
fully and finally disposed of by one commissioner. Any member
of the police force who may hereafter become insane or of un-
sound mind, so as to be unable or unfit to perform full police
service or duty, may be removed and dismissed from the police
force by the board. The police board may, by a unanimous vote
of the board, or by a vote of a majority of its members with the
approval of the mayor, retire the chief of police or any deputy
chief.
L. 1882, ch. 410, 8 250.
226.
(a) RULES, EFFECT OF. The rules adopt rules for the investigation and
and regulations of the police board determination of charges made against
need not be formally readopted by members of the force, the only limita-
their successor to be binding upon the tions upon the powers of the board to
police force, but such rules and regu- punish as prescribed, are the express
lations remain in force until altered one that a trial shall be had upon
or repealed by the proper authority. written charges and upon reasonable
People ex rel. Allen v. Wells, 14 Misc. notice to the accused, and the implied
ones that that trial shall be a proceed-
(6) The police board are as much ing fairly conducted; that the decision
bound by the rules and regulations shall be based upon evidence of the
adopted by them, pursuant to this truth of the charges, and that no im-
section, as are the members of the munity or privilege, secured to the
police force who are to be tried under accused by the law of the land shall
them. People ex rel. McKenna v. be violated. People ex rel. Weston v.
Martin, 1 App. Div. 420; S. C., 72 N. McClave. 123 N. Y. 512.
Y. State Rep. 599; 37 N. Y. Supp. 274. (d) CHARGES, FORM OF. In pro-
(c) Under this section which author- ceedings under this section, it is not
izes the board of police to make and necessary that the charges made
enforce rules for the government and against a police officer should have
discipline of the police force, and to the technical accuracy of an indict-
$ 300]
149
TRIALS BEFORE POLICE COMMISSIONERS.
ment. It is sufficient if the charge thereon. People ex rel. Flanagan v.
fairly apprises the police officer of the Board of Police, 93 N. Y. 97; People
offense of which he is accused. Peo- ex rel. Farrell v. Same, 20 Hun, 402;
ple ex rel. Langan v. Hayden, 80 People ex rel. Gilhooly v. Same, 23
Hun, 397; S. C., 30 N. Y. Supp. 332. Id. 351.
(e) A charge under this section (1) Nor is it necessary that the tes-
must be in writing. A dismissal after timony shall be examined by all the
hearing, upon oral charges, is clearly commissioners; it is sufficient if the
illegal, and will be reversed by the testimony be laid before and exam-
courts. People ex rel. Seery v. Police ined by the several commissioners
Commissioners, 55 How. Pr. 454. constituting the board at a regular
(f) See, generally as to form of meeting thereof when a majority is
charges, People ex rel. Gibson V. present. People ex rel. Swift v. Board
French, 16 Ñ. Y. State Rep. 1012; of Police, 99 Ñ. Y. 676; affi'g 31 Hun,
S. C., 1 N. Y. Supp. 638; People ex rel. 40.
Burke v, French, 23 N. Y. State Rep. (m) The fact that one of the charges
384; S. C., 5 N. Y. Supp. 57.
against a member of the force is that
(g). NOTICE. A member of the of using improper language to a mem-
police force cannot be legally removed ber of the board, does not disqualify
from office unless he has been person that member from taking the testi-
ally notified of the charges preferred, mony upon the charge, he not being
and of the time and place of trial. the complainant or called as a witness
People ex rel. Gorman v. B'd of Police, on the hearing. People ex rel. Ska-
3 Aħb. Ct. of App. Dec. 488; S. C., 16 han v. Board of Police, 10 Hun, 106;
How. Prac. 115 ; McDermott v. B'd affi'd 76 N. Y. 613.
of Police, 25 Barb. 635 ; S. C., 5 Abb. (n) A member of the police force is
Pr. 422 ; People ex rel. Gambling v. entitled, as matter of right, to the aid
B'd of Police, 6 Abb. Pr. 162.
of counsel upon trial before the police
(h) Where written charges and a board. A denial of this right will ren-
notice of trial have been served upon der a removal by the board illegal.
a police officer, in accordance with People ex rel. Van Hise v. Police Com.
the rules of the police board upon that missioners, 58 Hun, 224; S. C., 34 N. Y.
subject, the time fixed by the rules State Rep. 193; People ex rel. Camp-
cannot be shortened by the service of bell v. Hannan, 56 Hun, 469; S. C., 31
a subsequent notice fixing an earlier N. Y. State Rep. 602; 10 N. Y. Supp.
day for the trial. People ex rel. MC 71.
Kenna v. Martin, 1 App. Div. 420; (0) The order of proof upon a trial
S. C., 72 N. Y. State Rep. 599 ; 37 N. Y. before the police board is entirely
Supp. 274.
within their control. Accordingly a
(i) PROCEDURE ON HEARING OF police officer may be examined at the
CHARGES. The board in proceedings opening of the hearing, and before a
under this section is a subordinate case has been made out against him,
and administrative tribunal vested and unless he specifically claims the
with disciplinary powers, and not a constitutional privilege of not being
court limited in its functions by the compelled to testify against himself,
constitutional provisions governing a simple objection to the order of
courts (State Const. art. 1, § 6). proof will not furnish ground for a
People ex rel. Flanagan v. Board of reversal of decision of the police board
Police, 93 N. Y, 97. See also People upon certiorari. People ex rel. Wes-
ex rel. McCarthy v. Board of Police, ton v. McClave, 123 Ñ. Y. 512; affi'g
98 N. Y. 332.
10 N. Y. Supp. 764; People ex rel.
(3) The board in proceedings under Koenig v. French, 29 N. Y. State Rep.
this section is vested with a discre 305; S. C., 8 N. Y. Supp. 456.
tionary power which authorizes it, (p) A police officer upon trial before
within established rules, to take ac- the police board is entitled, as matter
tion without the restriction of strict of right, to introduce any competent
legal rules governing trials in courts testimony to disprove the charges
of law. People ex rel. Flanagan v. made against him, and a refusal to
Board of Police, 93 N. Y. 97; Same ex allow him to do so, is reversible error.
re Weston v. McClave, 123 N. Y. People ex rel. Blake v. Whittemore,
512; affi'g 10 N. Y. Supp. 764.
27 Weekly Dig. 213; People ex. rel.
(K) It is not essential that a majority McCormack v. French, 3 Ñ. Y. Supp.
of the board shall be present at the 841. Compare People ex rel. McAleer
taking of testimony upon the charges, v. French, "6 N. Y. Supp. 213.
the evidence being thereafter exam. (q) The rejection of a witness with-
ined by the entire board which acted out hearing his testimony, because of
150
[$ 300
TRIALS BEFORE POLICE COMMISSIONERS.
circumstances which might affect his him from the force and refuse longer
credibility, is ground for reversal of a to recognize him as a member. People
decision of the police board removing ex rel. Kopp v. French, 102 N. Y. 583;
an officer from the service. People S. C., 4 N. Ý. Crim. Rep. 447\; affi'g 39
ex rel. McCormack V. French, 51 Hun, 507; S. C., 4 N. Y. Crim. Rep.
Hun, 427; S. C., 21 N. Y. State Rep. 300.
276; 3 N. Y. Supp. 841.
(a) The board of police has no
(r) In determining the guilt of an power under this section to remove
officer, the police board may not act a policeman for any legal offense,
upon their own knowledge; the i. e., any crime or misdemeanor
charges must be tried and the guilt enacted by the legislature or existing
established on evidence; but in in- at common law until after a convic-
flicting punishment they may take tion on trial by a jury. People ex
into consideration both the evidence rel. Siebert V. Board of Police, 20
and their knowledge of the officer. Hun, 333 (explained in People ex. rel.
People ex. rel McAleer v. French, 119 Fitzpatrick 7. Board of Police, 32
N. Ý.502; S. c.30 N. Y State Rep. 72. Hun, 120).
(s) The record of a member of the (y) The board of police has power
force not put in evidence at his trial under this section to examine into all
may not be considered in determining offenses committed by policemen, for
the question of his guilt or innocence. the purpose of purifying or disciplin-
People ex rel. Kiebrick v. Roosevelt, ing the force, without restriction or
1 App. Div. 577; S. C., 73 N. Y. State limitation based upon the criminal
Rep. 113; 37 N. Y. Supp. 488.
character or other heinousness of the
(t) But since the record of a police offense. (Criticising People ex rel.
officer may properly be considered in Siebert v. Board of Police, 20 Hun,
determining the extent of his punish- 333). People ex rel. Fitzpatrick v.
ment after conviction, the presump- Board of Police, 32 Hun, 112, fol-
tion is that the record of a police lowed in People ex rel. Shaler v. The
officer is considered by the police Mayor, 52 Id. 483; S. P., People ex
board for that purpose, unless their rel. Murphy v. French, -60 How Pr.
return upon certiorari specifically 377; affi'd, 12 Weekly Dig. 468.
shows that the record was used as (2) The fact that charges against a
evidence by them. People ex rel. police officer are pending before a
Goetzger v. Roosevelt, 7 App. Div. 185; magistrate does not preclude a trial
S. C., 39 N. Y. Supp. 1101.
for the same offense before the police
(U) A police officer has the right to board. People ex. rel. Allen V.
reasonably cross-examine witnesses Welles, 14 Misc. 226.
testifying in support of the charges (aa) CONDUCT UNBECOMING AN
against him. People ex rel. Fallon v. OFFICER. Where a charge against a
Wright, 7 App. Div. 185 ; S. C., 40 N. member of the force, under this sec-
Y. Supp. 285 ; affi'd in 150 N. Y. 444. tion, is “ conduct unbecoming an offi-
(v) A refusal by the police board to cer,” he cannot be removed upon
grant an adjournment of a hearing specifications and evidence that he
will not furnish ground for the re- acted as patrolman without legal au-
versal of a finding by them, unless it thority, he being ineligible to office at
appears that the discretion vested in the time of his appointment, and that
them was capriciously exercised to his appointment was not made in
the prejudice of the police officer accordance with law. The exercise of
removed. People ex rel. Doherty v. official functions by one in office by
Police Commissioners, 84 Hun, 64; color of appointment of a body having
S. C., 65 N. Y. State Rep. 175; 32 N. the appointing power, does not con-
Y. Supp. 18.
stitute “ conduct unbecoming an ofii:
(W) Cause of Removal. LEGAL cer.” People ex rel. Clapp v. Board
OFFENSES. An investigation by the of Police, 72 N. Y. 415.
board of police to determine whether (ab) The removal of a member of
a member of the force has been con- the police force upon a charge of
victed of a crime is not within the “conduct unbecoming an officer,"
provision of this section prohibiting will not be disturbed where the de-
the removal of a member until written fense is insanity, unless the evidence
charges have been made or preferred. of his irresponsibilty is so conclu;
When it comes to the knowledge of sively shown that the court would
the board that a member has been have reversed the verdict of a jury to
convicted of a crime and so is ineligi. the contrary. People ex rel. McGowan
ble, they have the right summarily to v. McLean, 37 N. Y. State Rep. 539.
vacate his appointment, discharge (ac) It is no defense to a charge of
8 3001
151
TRIALS BEFORE POLICE COMMISSIONERS.
violating a rule of the police depart- that the officer voluntarily brought
ment that such violation was due to himself into that condition. People
à mistake in judgment. People ex ex rel. McAleer v. French, supra.
rel. Manning V. McClave, 32 N. Y. (ak) The taking of liquor, in a sud-
State Rep. 513 ; s. C., 10 N. Y. Supp. den emergency, from a commend-
561.
able motive and with a reasonable
(ad) When the removal of a police expectation that it will sustain the
officer for absence from his post while failing ability to perform duty, is
on duty will be sustained. People ex justifiable. In such a case a police
rel. Wasserman v. Beel, 21 N. Y. State officer commits no breach of disci-
Rep. 895 ; S. C., 3 N. Y. Supp. 314; pline and no conduct unbecoming an
People ex rel. Dolan v. McLean, 32 officer. People ex rel. Hogan v.
N. Ì. State Rep. 838 ; S. C., 11 N. Y. French, 119 N. Y. 493; People ex rel
Supp. 110; People ex. rel. Winchell Bockell v. McLean, 42 N. Y. State
v. McLean, 36 N. Y. State Rep. 998 ; Rep. 690 ; S. C., 17 N. Y. Supp. 475;
People ex rel. Roe v. McLean, 57 affi'd without opinion in 133 N. Y.
Hun, 141 ; S. C., 32 N. Y. State Rep. 527.
831 ; 10 N. Y. Supp. 803.
(al) Intoxication is a sufficient
(ae) The removal of a police officer ground for the removal of a police
on a charge of committing an assault officer whatever may be its extent; the
will not be sustained where the evi- court, in reviewing upon certiorari a
dence shows it to have been made in removal by the police board, will not
self-defense. People ex rel. Coyle v. consider the degree of intoxication
Martin, 142 N. Y. 352; s. c., 59 N. Y. under which the relator labored.
State Rep. 24.
People ex rel. O'Reilly v. McClave,
(af) When the removal of a police 36 N. Y. State Rep. 996.
officer on a charge of assaulting a (am) The removal of a member of
citizen will not be disturbed on certio the police force, because of intoxica-
rari. People ex rel. Westlotorn v. tion, sustained upon the evidence.
McLean, 39 N. Y. State Rep. 429 ; People ex rel. Deley v. French, 52
People ex rel. Gardner v. McClave, Id. Hun, 90 ; S. C., 22 Ñ. Y. State Rep.
501; People ex rel. Costello r. McClave, 560 ; 5 N. Y. Supp. 55; People ex rel.
Id. 479.
Sullivan v. French, 27 N.* Y. State
(ag) What evidence is sufficient to Rep. 86; s. C., 7 N. Y. Supp. 489 ;
warrant the removal of a member of affi'd in 121 N. Y. 707; People ex rel.
the police force on the charge of O'Callahan v. French, 29 N. Y. State
assaulting a fellow-officer. People ex Rep. 304 ; S. C., 8 N. Y. Supp. 459 ;
rel. Weston v. Police Commissioners, People ex rel. Clark v. French, 29 N.
32 N. Y. State Rep. 824 ; People ex rel. Y. State Rep. 923 ; s. C., 8 N. Y. Supp.
Allen v. Martin, 29 Id. 369 ; S. C., 8 N. 874 ; People ex rel. Lord v. French, 31
Y. Supp. 516; affi'd without opinion N. Y. State Rep. 87; S. C., 9 N. Y.
in 121 N. Y. 676 ; People ex rel. Classon Supp. 262 ; People ex rel. Sayre v.
v. French, 16 N. Y. State Rep. 960. McClave, 32 N. Y. State Rep. 820; S. C.,
(ah) What evidence is sufficient to' 10 N. Y. Supp. 560; People ex rel.
justify the removal of a police officer Dermody v. McClave, 33 N. Y. State
on a charge of maltreating a prisoner. Rep. 833 ; s. c., 11 N. Y. Supp. 204 ;
People ex rel. Frey v. Bell, 32 N. Y. People ex rel. Rouse y., French, 33 N.
State Rep. 914 ; s. C., 10 N. Y. Supp. Y. State Rep. 834; S. C., 11 N. Y. Supp.
829.
346; People ex rel. Brooks v. MacLean,
(ai) Before a police officer can be 33 N. Y. State Rep. 861; S. C., 11 N. Y.
dismissed from the force for intoxica Supp. 311; People ex rel. Farley v.
tion, it must be shown that the in MacLean, 33 N. Ý, State Rep. 883; S. C.,
toxication was of such a character as 11 N. Y. Supp. 307; People ex rel.
to be an offense against the rules; Mahoney v. MacLean, 33 Ñ. Y. State
that it was conscious, voluntary, Rep. 965; S. C., 11 N. Y. Supp. 486 ;
blamable, and in some way due to his People ex rel. McCormack v. French,
fault. People ex rel. McAleer v. 32 N. Y. State Rep. 190 ; S. C., 10 N. Y.
French, 119 N. Y. 502; s. C., 30 N. Y. Supp. 217; People ex rel. Steele v.
State Rep. 72, explaining People ex French, 32 N. Y. State Rep. 442; S. C.
rel. Hogan v. French, 119 N. Y. 493 ; 10 N. Y. Supp. 792 ; People ex rel.
which distinguished People ex rel. Reis v. French, 32 N. Y. State Rep.
Masterson v. French, 110 Ñ. Y. 494. 840 ; S. C., 10 N. Y. Supp. 860 ; People
(aj) In the absence of any proof, or ex rel. Cagney v. MacLean, 32 N. Y.
of any explanation, the mere fact of State Rep. 844; S. C., 10 N. Y. Supp.
intoxication may establish the offense, 851 ; People ex rel. Carman v. Mac-
because it would have to be assumed Lean, 34 N. Y. State Rep. 927; People
152
[$ 300
TRIALS BEFORE POLICE COMMISSIONERS.
ex rel. Bohan v. MacLean, 36 Id. 808; there is any competent proof tending
People ex rel. Fanning v. MacLean, to establish the guilt of the accused
Id. 830 : People ex rel. O'Reilly v. Mc- officer, but it may look into the evi-
Clave, Id. 996.
dence, and if it finds that there is a
(an) REMOVAL OF OFFICERS FOR OF preponderance of evidence against
FENSES WHILE OFF DUTY. It is the the determination of the commission.
duty of the board of police to take ers, then it has the same jurisdiction
notice of the conduct of members of to reverse the determination that it
the force, as well off as when on duty, has to set aside the verdict of a jury
and to dismiss an officer guilty of as against the weight of evidence. It
criminal or immoral conduct when is the purpose of the law to give a re-
off duty as an untit person to be a view in the Supreme Court by certio.
member of the force. People ex rel. rari, not only upon the law, but upon
Connolly v Board of Police, 11 Hun, the evidence, to the extent specified,
403.
and every party who seeks such a re.
(ao) See People ex rel. Hayes V. view, is entitled to the fair and judi.
Carroll, 42 Hun, 438 that commis- cious exercise of that jurisdiction.
sioners have authority to dismiss an People ex rel. McAleer v. French, 119
officer for violation of the rules of N. Ņ. 502; S. C., 30 N, Y. State Rep
the department while he was off duty 72; affi'g 25 Id. 536; S. C., 6 N. Ý.
and not in uniform.
Supp. 707, explaining People ex rel.
(ap! The failure of a police officer, Masterson V. French, 110 N. Y. 494;
while off duty, to make an arrest for People ex rel. O'Callahan v, French,
an assault committed in his presence 123 N. Y. 636; compare People ex rel.
is sufficient ground for a removal. Cook v. B'd of Police, 39 Ñ. Y. 506;.
People ex rel. Robinson v. Bell, 29 People ex rel. Clapp v. Bid of Police,
N. Y. State Rep. 551; S. C., 8 N. Y. 72 Id. 415; rev'g 5 Hun, 457.
Supp. 748.
(au) But the jurisdiction of the
(aq) VOID APPOINTMENT. The pro- Court of Appeals is confined to the
vision of this section requiring a review of errors of law, materially
hearing, upon written charges before affecting the rights of the relator.
removal, does not apply to the case of The Court of Appeals has no jurisdic-
a police officer who has been illegally tion to review the facts, upon their
appointed to the force. So held, sus- merits, on an appeal from the Supreme
taining a summary dismissal of a Court. Id. See People ex rel. Flana-
police officer who received his ap- gan v. Board of Police, 93 N. Y. 97.
pointment by having another pass the (av) When the evidence fails to
requisite civil service examination for show breach of discipline, conduct
him in his name. People ex rel. unbecoming an officer, and the facts
Krushinsky v. Martin, 91 Hun, 425; admit of no inference of guilt, of con-
S. C., 72 N. Y. State Rep. 373; 36 N. Y. scious breach of discipline or violation
Supp. 851.
of rule, the dismissal presents a ques-
(ar) POWER TO REMOVE DOES NOT tion of law reviewable on certiorari
INCLÚDE PCWER TO SUSPEND INDEFI- (distinguishing People ex rel. Master-
NITELY. The power of a board of son v. French, Id.) People ex rel.
commissioners to remove employes Hogan v. French, 119 Ñ. Y. 493;
does not include the power to sus- revig 7 N. Y. Supp. 460.
pend indefinitely. Gregory V. The (aw) The judgment of the police
Mayor, 113 N. Y. 416; affi'g 11 N. Y. board removing a police officer will
State Rep. 506.
be reversed where the evidence is so
(as) REVIEW OF REMOVALS, BY CER- clearly in his favor as to make his
TIORARI. Where the question of jur- conviction unjust and warrant the in-
isdiction is not involved, certiorari ference of passion, prejudice, partiality
is the appropriate remedy to review or clear mistake. People ex rel. Lang
an unlawful removal by the police v. Martin, 5 App. Div. 217; S. C., 39
board. Mandamus will only lie to re N. Y. Supp. 74; People ex rel. McClone
store a member of the police force v. Roosevelt, 7 App. Div. 610; S. C.,
where the police board have acted 40 N. Y. Supp. 119; People ex rel.
without jurisdiction. People ex rel. Flood v. Martin, 15 Misc. 6; S. C., 71
Grace V. Police Commissioners, 43 N. Y. State Rep. 488; 36 N. Y. Supp.
How. Pr. 385; see People ex rel. Kopp 437; affi'd without opinion in 149 N.
v. French, 102 N. Y. 583.
Y. 621.
(at) Upon certiorari to review the (ax) If there is evidence to sustain
removal of a police officer for miscon- the charge sufficient so that a verdict
duct, the Supreme Court has the of a jury finding the facts would not
power not only to inquire whether be set aside, the adjudication of the
$$ 300, 301]
153
POWER TO ISSUE SUBPENAS.
board is final. People ex rel. Flana- ing People ex rel. Brady v. Same, 11
gan v. Board of Police, 93 N. Y. 97; N. Y. State Rep. 577; People ex rel.
People ex' rel. McAleer v. French, McAleer v. Same, 6 N. Y. Supp. 213;
119 Id. 502; People ex rel. O'Calla affi'd, 110 N. Y. 193; People ex rel.
han v. French, 123 Id. 636; People Monaghan v. Same, 6 N. Y. Supp. 431;
ex rel, Weston v. McClave, 10 N. Y. People ex lel. Irving v. The same,
Supp. 764; affi'd, 123 N Y. 512. Id. 394. Compare People ex rel.
(ay) To sustain a removal, the charge Bockell v. McLean, 42 Ñ. Y. State
must not be sustained inferentially Rep. 690; S. C., 17 N. Y. Supp. 475;
but absolutely by proper proof, or it affi'd without opinion in 133 N. Y. 527.
will be reversed in certiorari. People (aac) The court has no power to re-
ex rel. Roe v. McLean, 57 Hun, 141. view the discretion of the police board
(az) In order to procure a reversal ' as to the extent of punishment in-
of a removal by the board where the posed. People ex rel. McAleer v.
alleged ground of error is not based French, 119 N. Y. 502; S. C., 30 N. Y.
upon conclusions from the proofs, it State Rep. 72; affi'g 25 Id. 536 ; S.C.,
is necessary that the attention of the 6 N. Y. Supp. 213 ; People ex rel. Mc-
board should have been called to the Leavy v. French, 27 N. Y. State Rep.
error in the examination, or in the ad- 191; S. C., 7 N. Y. Supp. 442.
mission or exclusion of evidence by (aad) SALARY UPON REINSTATE-
an objection which stated the vice or MENT. Where a police officer has
illegality complained of. People ex been reinstated by the court, he is en-
rel. Weston v. McClave, 123 N. Ì. 512. titled to salary during the period of
(aaa) In proceedings before the removal from the force, and he can-
police board strict rulings upon evi- not be compelled in an action to re-
dence are not required. Errors in the cover such unpaid salary, to deduct
admission or exclusion of testimony wages earned in another and different
will not furnish ground for a reversal employment during the period of his
of their judgment unless, upon an ex- enforced absence from duty. Fitz-
amination of the whole record, it ap- simmons v. City of Brooklyn, 102
pears that the decision resulted from N. Y. 536; followed in Sethbridge v.
The erroneous rulings. People exrel. The Mayor, 39 N. Y. State Rep. 385;
Cross v. Martin, 85 Hun, 343; S. C, S. C., 15 N. Y. Supp. 562.
66 N. Y. State Rep. 362, 32 N. Y. (aae) A police officer illegally re-
Supp. 933; People ex rel. Smith v. moved by the police board, is not
Martin, 85 Hun, 359; S. C., 60 N. Y. bound to tender performance of duty
State Rep. 374; 32 N. Y. Supp. 943. pending a certiorari to reverse their
(aab) Where, upon charges, a mem- proceedings. People ex rel. Cook y,
ber of the force is dismissed for a B’d of Police, 39 N. Y. 506.
dereliction of duty, which, under the (aaf) When mandamus will lie to
rules governing the force, authorizes a compel the payment of a salary dur-
dismissal from the service, and the ing the period of illegal removal.
evidence of the accused simply es- People ex rel. Daly v. French, Daily
tablishes palliating circumstances, Reg. June 11, 1884.
held, that the sufficiency of the ex- (aag) RE-TRIAL ON SAME OFFENSE.
cuse is solely addressed to the dis- A police officer may be again tried on
cretion of the commissioners, and charges on which he was convicted
presents no question of law or fact on a former trial, where the first judg-
reviewable by the courts on certiorari. ment was reversed on the ground that
People ex rel. Masterson v. French, the commissioners refused to admit
110 N. Y. 491; rev'g 13 N. Y. State pertinent testimony. People ex rel.
Rep. 904; People ex rel. Deley v. Same, McCormack v. McClave, 29 N. Y. State
52 Hun, 90; s. C., 22 N. Y. State Rep. Rep. 368; S. C., 8 N. Y. Supp. 504;
560; s. C., 5 N. Y. Supp. 55; overrul- affi'd without opinion in 121 N. Y. 710.

Police commissioners, etc., may issue subpoenas; who may administer
oaths.
$ 301. Either of the police commissioners shall have power to
issue subpænas, attested in the name of the president of the
police board, and to exact and compel obedience to any order,
subpæna or mandate issued by them, and to that end may insti-
tute and prosecute any proceedings or action authorized by law
154
PUNISHMENTS BY POLICE BOARD. [$$ 301, 302
<
in such cases. They or either of them may in proper cases issue
subpænas duces tecum. Said board may devise, make and issue
process and forms of proceedings to carry into effect any powers
or jurisdiction possessed by them. Each of the police commis-
sioners, the chief of police, each deputy chief of police, the chief
clerk and first deputy clerk of said police board or police depart-
ment are hereby authorized and empowered to administer oaths
and affirmations in the usual or appropriate forms, to any person
in any matter or proceedings authorized as aforesaid, and in all
matters pertaining to the police department, or the duties of any
officer or other person in matters of or connected with said
department and to administer oaths of office which may be taken
or required in the administration or affairs of said department,
and to take and administer oaths and affirmations, in the usual
or appropriate forms, in taking any affidavit or deposition which
may be. necessary or required by law or by any order, rule, or
regulation of the police board, for or in connection with the offi-
cial purposes, affairs, powers, duties or proceedings of said police
department, or of said police board, or of any police commis-
sioner, or member of the police force, or any official purpose law.
fully authorized by said board. Any person making a complaint
that a felony or misdemeanor has been committed may be re-
quired to make oath or affirmation thereto, and for this purpose
a police commissioner, the chief of police, the deputy chiefs of
police, the chief clerk, or deputy clerks of the police departe
ment or police board, the inspectors, captains and sergeants of
police shall have power to administer oaths and affirmations.
L. 1882, ch. 410, $ 251, as am'd by L. 1895, ch. 569, $ 2.
.
Police board; punishment by; limitation of suits for reinstatements, etc.
§ 302. The police board shall have power, in its discretion, on
conviction by it or by any court or officer of competent jurisdic-
tion, of a member of the force of any criminal offense, or neglect
of duty, violation of rules, or neglect or disobedience of orders,
or absence without leave, or any conduct injurious to the public
peace or welfare, or immoral conduct, or conduct unbecoming an
officer, or any breach of discipline, to punish the offending party
by reprimand, forfeiting and withholding pay for a specified time,
suspension, without pay during such suspension, or by dismissal
from the force; but no more than thirty days' pay or salary shall
be forfeited or deducted for any offense. All such forfeitures
shall be paid forthwith to the treasurer of the department to the
$$ 302, 303] LIMITATION ON ACTIONS.
155
account of the police pension fund. The police board is also
authorized and empowered, in its discretion, to deduct and with-
hold pay, salary or compensation from any member or members
of the police force, for or on account of absence for any cause
without leave, lost time, sickness or other disability, physical or
mental ; provided however, that the pay, salary or compensation
so deducted and withheld shall not, except in case of absence
without leave, exceed one-half thereof for the period of such ab-
sence, any act or law to the contrary notwithstanding ; and said
police board is authorized and empowered from time to time to
make and prescribe rules and regulations to carry into effect and
enforce the provisions of this section. No action, suit or pro-
ceeding, either at law or in equity, shall be commenced or main-
tained against the police department, or any member thereof, or
against the police board, police commissioners or either of them,
or against The City of New York by any member or officer, or
former member or officer of or belonging to the police force or
department of said city to recover or compel the payment of any
salary, pay, money or compensation for or on account of any
service or duty, or to recover any salary, compensation or moneys,
or any part thereof forfeited, deducted or withheld for any cause,
or to restore or reinstate to the police force or department any
member or officer thereof, unless such action, suit or proceeding
shall be commenced within two years after the cause of action
shall have accrued; provided that causes of action or proceedings
which shall have heretofore accrued may be begun or brought
within six years after the same shall have accrued and within two
years after the passage of this act; but nothing in this section
contained shall be construed or held to extend the time in
which causes of action or proceedings which shall have hereto-
fore accrued must be brought.
| L. 1882, ch. 410, $ 272.
(a) When the statute of limitations
provided by this section, and by Code
Civ. Proc., § 2125, begins to run.
People ex rel. Goodwin v. Martin, 82
Hun, 1; S. C., 63 N. Y. State Rep. 295;
30 N. Y. Supp. 1107. See cases cited
under $ 300, ante.
YIT
Police force; resignations and absences on leave.
$ 303. No member of the police force, under penalty of for-
feiting the salary or pay which may be due him, shall withdraw
or resign, except by permission of the police board. Absence,
without leave, of any member of the police force for five con-
secutive days shall be deemed and held to be a resignation, and
156
RESIGNATION FROM POLICE FORCE. [S$ 303, 304
the member so absent shall, at the expiration of said period
cease to be a member of the police force and be dismissed there-
from without notice. No leave of absence exceeding twenty
days in any one year shall hereafter be granted or allowed to any
member of the police force, except upon the condition that such
member shall waive and release not less than one-half of all
salary, pay or compensation and claim thereto, or any part
thereof, during such absence.
L. 1882, ch. 410, § 273, as amended by L. 1884, ch. 180, $ 8.
(a) RESIGNATION. Where a police ground that even if they had not
officer desires to disaffirm a resigna- acted upon such so-called resignation
tion procured from him by the fraud, they would have removed the relator
duress or coercion of a superior, and because of dereliction of duty. Peo-
which has been accepted by the police ple ex rel. Goodwin v. Martin, 82
board, the proper course to be pursued Hun, 1; S, C., 63 N. Y. State Rep. 295;
by him is to present his case to the 30 N. Y. Supp. 1107
police board with a statement of the (c) ABSENCE FOR FIVE DAYS. To
circumstances which induced him to deprive a police officer of his position
sign the resignation, and request that by reason of absence without leave
they should reconsider its acceptance for five days, the absence must be
and reinstate him to the force. Cer- voluntary and intentional. Where
tiorari will then issue to review their the absence of the officer has been
refusal to reinstate. People ex rel. caused by a temporary aberration of
Goodwin v. Voohis, 66 Hun, 88; S. C., mind, his removal is improper. Peo.
49 N.Y. State Rep. 736; 30 N.Y. Supp. ple ex rel. Mitchell v. Martin, 143 N.
941; following People ex rel. Good Y. 407; affig 79 Hun, 475; S. C., 61 N.
win v. McLean, 41 N. Y. State Rep. Y. State Rep. 280; 29 N. Y. Supp. 966.
163; S. C., 16 N. Y. Supp. 401. See (d) An enforced absence of a mem-
People ex rel. Goodwin v. Martin, 10 ber of the force caused by an unjusti-
N. Y. Supp. 511.
fiable arrest and detention, is not
(b) The police board cannot justify within the intendment of this section.
their refusal to rescind their accept- People ex rel. Nugent v. Board of
ance of a resignation which has been Police, 114 N. Y. 245; S. C., 23 N. Y.
obtained by duress and fraud, on the State Rep. 230.
Id.; regulations of civil service commissioners.
§ 304. The civil service commissioners shall prescribe such
regulations for the admission of persons into the police force and
into the service of the police department as may best promote
the efficiency thereof, and ascertain the fitness of candidates in
respect to character, knowledge and ability for the police force.
The regulations so to be prescribed shall, among other things, be
in furtherance of the following provisions :
1. For open, competitive examinations for testing the fitness
of applicants for the police force. Such examinations shall be
practical in their character, and, so far as may be, shall relate to
those matters which will fairly test the relative capacity and fit-
ness of the persons examined to discharge the duties of that
service into which they seek to be appointed.
2. All offices, places and employment so arranged or to be ar-
ranged in classes shall be filled by selection from among those
SS 304-306]
157
GRATUITIES FORBIDDEN.
graded highest as the result of said competitive examinations;
provided, however, that the said board shall not be required to
appoint from, but may in their discretion, ignore those who have
heretofore been reported or decided to be eligible for appointment.
3. There shall be a period of probation before any absolute ap-
pointment ci employment in the police force.
4. Promotions from the lower grades to the higher grades shall
be on the basis of seniority, of merit and of excellence, as shown
by competitive examination. The police board shall transmit to
the civil service commission, the record of each candidate for
promotion.
5. There shall be non-competitive examination where, after
due efforts by previous public advertisement or otherwise, com-
petition may be found not to be practicable.
See cases cited under SS 123 and 124, ante, and N. Y. Const., Art. V. § 9, in
appendix.
Policė board; rewards to informers.
$ 305. The police board shall have authority to offer rewards
to induce all classes of persons to give information which shall
lead to the detection, arrest and conviction of persons guilty of
homicide, arson, or receiving stolen goods, knowing them to be
stolen; and to pay such rewards to such persons as shall give
such information. But no such reward shall be offered unless
there be an unexpended appropriation therefor made by the
board of estimate and apportionment, which shall make the
necessary appropriation for such purpose.
L. 1882, ch. 410, 8 259.
Police force; gratuities and political contributions forbidden; may be
permitted to retain rewards.
$ 306. No member of the police force or employe of the police
department shall, under any pretense whatsoever, share in, for
his own benefit, any present, fee, gift or emolument for police
services, or for services of the police department or any member
thereof, additional to his regular salary, pay or compensation.
The police board, for meritorious and extraordinary services
fendered by any member of the police force in due discharge of
his duty, inay permit such member of the police force to retain
or his own benefit any reward or present, or some part thereof,
tendered him therefor; and it shall be cause for removal from the
Police force for any member thereof to receive any such reward
of present without notice thereof to the police board. Upon
158
[$S 306–308
SPECIAL PATROLMEN.
receiving said notice, the police board may either order the said
member to retain the same, or shall dispose of it for the benefit
of the police pension fund. No person in the police force shall
be permitted to contribute any moneys, directly or indirectly, to
any political fund, or to join or be or become a member of any
political club or association or any club or association intended
to affect legislation for or on behalf of the police department or
any member thereof, or to contribute any funds for such purpose.
L. 1882, ch. 410, $ 276, as am'd by L. 1884, ch. 180, $ 10.
(a) The removal of a member of
the police force for taking a gratuity
without notice to the police board
sustained. People ex rel. Hargrave
v. Johnson, 10 N. Y. State Rep. 404;
People ex rel. Hansen v. McClave, 31
N. Y. State Rep. 246 ; S. C., 9 N. Y.
Supp. 263.
Id.; detail of policemen at polls.
§ 307. It shall be the duty of the chief of police to detail, or to
cause to be detailed on election day, at least two patrolmen at
each election poll. It shall be the duty of the police force, or
any member thereof, to prevent any booth, or box, or structure
for the distribution of tickets at any election from being erected
or maintained within one hundred and fifty feet of any polling
place within the city, and summarily to remove any such booth,
box or structure, or to close and prevent the use thereof.
| L. 1882, ch. 410, $ 286.
Id. ; special patrolmen; when may be appointed; military assistance.
$ 308. The police board may, upon an emergency or appre-
appoint as many special patrolmen without pay from among the
citizens as it may deem desirable. The mayor, or, in case of his
failure so to do, the governor may demand the assistance of the
militia of the state within the city, or of any brigade, regiment or
company thereof, by order in writing served upon the command-
ing officer of any brigade, and such commanding officer shall
obey such order. Special patrolmen, appointed in pursuance o
law, may be dismissed by order of the police board; and while
acting as such special patrolmen shall possess the powers, per-
form the duties, and be subject to the orders, rules and regula-
tions of the police department in the same manner as regular
patrolmen. Every such special patrolman shall wear a badge, to
be prescribed and furnished by the police board. No transter,
detail or assignment to special duty of any member of the police
force, except in cases authorized or required by law, shall hert
$S 308, 309]
159
SPECIÁL PATROLMEN.
1
after be made or continued, except for police reasons and in the
interests of police service; provided, however, that the chief of
police may, whenever the exigencies of the case require it, make
detail to special duty for a period not exceeding three days, at
the expiration of which the member or members so detailed shall
report for duty to the officer of the command from which the
detail was made. The police board, whenever expedient, may
on the application of any person or persons, corporation or cor-
porations, showing the necessity therefor, detail regular patrol-
men of the police force; or appoint and swear any.number of
special patrolmen to do special duty at any place in The City of
New York upon the person or persons, corporation or corpora-
tions by whom the application shall be made, paying, in advance,
such regular or special patrolmen for their services, and upon
such regular or special patrolmen, in consideration of their ap-
pointment, signing an agreement in writing releasing and waiving
all claim whatever against the police department and The City
of New York for pay, salary or compensation for their services
and for all expenses connected therewith; regular patrolmen so
detailed shall be paid at the same rate as provided for patrolmen
in this act; but the regular or special patrolmen so appointed
shall be subject to the orders of the chief of police and shall obey
the rules and regulations of the police department and conform
to its general discipline and to such special regulations as may be
made and shall wear such dress or emblems as the department
may direct, and shall during the term of their holding appoint-
ment possess all the powers and discharge all the duties of the
police force, applicable to regular patrolmen. The special patrol-
men so appointed may be removed at any time by the police
board without assigning cause therefor, and nothing in this sec-
tion contained shall be construed to constitute such special
patrolmen members of the police force, or to entitle them to the
privilege of the regular members of the force, or to receive any
Salary, pay, compensation or moneys whatever from the said
police department or The City of New York, or to share in the
police pension fund.
L. 1882, ch. 410, 8 269, as am'd by L. 1884, ch. 180, 36.
olice board; detail persons to attend courts.
18309. It shall be the duty of the police board, to cause some
ntelligent and experienced person connected with the police force
attend at the courts of the city in cases where there is need of
160
CO-OPERATION WITH DEPT. OF HEALTH. [S3 309, 310
such assistance, who shall, to such extent as the rules of the board
of magistrates may reasonably require, aid in bringing the facts
before the magistrates in proceedings pending in such police
courts.
L. 1882, ch. 410, 8 257.
Police department to co-operate with department of health.
$ 310. It shall be the duty of the police department (and of its :
officers and men, as said police board shall direct) to promptly
advise the department of health of all threatened danger to
human life and health, and of all matters thought to demand its
attention, and to regularly report to said department of health
all violations of its rules and ordinances, and of the health laws,
and all useful sanitary information. Said department, shall, so
far as practicable and appropriate, co-operate for the promotion
of the public health and the safety of human life in said city. It
shall be the duty of said police department, by and through its
proper officers, agents, and men, to faithfully and at the proper
time enforce and execute the sanitary rules and regulations, and
the orders of said department of health (made pursuant to the
power of said department of health), upon the same being re-
ceived in writing and duly authenticated as said department of
health may direct. Said police department is authorized to em-
ploy and use the appropriate persons and means, and to make
the necessary expenditures for the execution and enforcement of
said rules, orders, and regulations, and such expenditures, so far
as the same may not be refunded or compensated by the means
herein elsewhere provided, shall be paid as the other expenses of
said department of health are paid. In and about the execution
of any order of the department of health, or of the police depart-
ment made pursuant thereto, police officers and policemen shall
have as ample power and authority as when obeying any order of
or law applicable to the police department, or as if acting under
a special warrant of a justice or judge, duly issued; but for their
conduct they shall be responsible to the police department and
not to the department of health. The department of health may,
with the consent of the police department, impose any portion of
the duties of subordinates in said department upon subordinates
in the police department.
L 1882, ch. 410, $ 261.
See Health Dept. v. Police Dept., ordinances and regulations of board
41 N. Y. Supr. (J. and S.) 323, 341, as of health.
to duty of police department to enforce
S$ 311-3137 ARRESTS FOR VIOLATION OF HEALTH LAWS. 161
Police force; arrests for violation of health laws.
rant any person who shall, in view of such member, violate, or do,
or be engaged in doing or committing in said city, any act or
thing forbidden by chapter ninteeen of this act, or by any law or
by any ordinance the authority to enact which is given by this
act or any other statute or who shall, in such presence, resist or
be engaged in resisting the lawful enforcement of any such law
or ordinance or any official order made pursuant to any statute of
this state. And any person so arrested shall thereafter be treated,
disposed of and punished as any other person duly arrested for a
misdemeanor unless other provision is made for the case by law.
L. 1882, ch. 410, 8 278.
See Burns v. Erben, 40 N. Y. 463, 29 How. Pr. 473 ; Prenderhill v. Ken-
affi'g 1 Robt. 555 ; Carpenter v. Mills, nedy, 34 Id. 416.
Id.; detail of officers and men to assist department of health.
TL
health, shall detail to the service of the said department of health
for the purpose of the enforcement of the provisions of the sani-
tary code, and of the acts relating to tenement and lodging
houses, not less than fifty nor more than one hundred suitable
officers and men of experience of at least five years' service in the
police force, provided that the department of health shall pay
monthly to the police department a sum equal to the pay of all
officers and men so detailed. At least thirty of the officers and
men so detailed shall be employed exclusively in the enforcement
of the laws relating to tenement and lodging houses. These
officers and men shall belong to the sanitary company of police,
and shall report to the board of health. The board of health
may report back to the police department for punishment any
member of said company guilty of any breach of order or dis-
cipline, or of neglecting his duty, and thereupon the police
board shall detail another officer or man in his place, and the
discipline of the said members of the sanitary company shall be
in the jurisdiction of the police department, but at any time the
board of health may object to any member of said sanitary com-
pany on the ground of inefficiency, and thereupon another officer
or man shall be detailed in his place.
L. 1882, ch. 410, $ 296, as am'd by L. 1895, ch. 567, $ 1.
Id.; detail of officers and men to assist the department of public parks.
$ 313. The police board, upon the requisition of either of the
II
162 POLICE OFFICERS FOR PARKS AND BRIDGES. [$$ 313, 314
commissioners of parks, shall from time to time detail to the
service of the department of parks in the borough or boroughs
under the charge of such commissioner, for the enforcement of
the park ordinances and for the maintenance of good order in
the parks, so many suitable officers and men as in the judgment
of the police department are necessary. Such officers and men
shall continue to be in all respects an integral part of the police
force of the city and shall be paid out of the funds appropriated for
the support of the police department. These officers and men
shall constitute the park police so long as their detail lasts, and
shall report to the park commissioner in charge of the parks in
which they serve. Each commissioner of parks may report back
to the police department for punishment any member of said park
police force guilty of any breach of orders or discipline, or of
neglecting his duty, and thereupon the police department may
detail another officer or man in his place; and the discipline of
the said members of the park police shall be in the jurisdiction
of the police department, but at any time either commissioner of
parks may object to the inefficiency of any member of said park
police serving in any park under his charge and thereupon
another officer or man may be detailed in his place.
1
Id.; detail of officers and men to assist the department of bridges.
$ 314. The police board, upon the requisition of the commis-
sioner of bridges, shall from time to time detail to the service of
the department of bridges for the enforcement of the ordinances
regulating travel over any of the bridges and for the maintenance
of good order thereon, so many suitable officers and men as in
the judgment of the police department are necessary. Such
officers and men shall continue to be in all respects an integral
part of the police force of the city and shall be paid out of the
funds appropriated for the support of the police department.
These officers and men shall constitute the bridge police so long
as their detail lasts, and shall report to the commissioner of
bridges. The commissioner of bridges may report back to the
police department for punishment any member of said bridge
police force guilty of any breach of orders or discipline, or of
neglecting his duty, and thereupon the police department may
detail another officer or man in his place; and the discipline of
the said members of the bridge police shall be in the jurisdiction
of the police department, but at any time the commissioner of
bridges may object to the inefficiency of any member of said
$$ 314-316]
163
DUTY OF POLICE DEPARTMENT.
bridge police and thereupon another officer or man may be
detailed in his place.
Id.; duties of.
§ 315. It is hereby made the duty of the police department
and force, at all times of day and night, and the members of such
force are hereby thereunto empowered, to especially preserve the
public peace, prevent crime, detect and arrest offenders, suppress
riots, mobs and insurrections, disperse unlawful or dangerous
assemblages, and assemblages which obstruct the free passage of
public streets, sidewalks, parks and places; protect the rights of
persons and property, guard the public health, preserve order at
elections and all public meetings and assemblages; regulate the
movement of teams and vehicles in streets, bridges, squares, parks
and public places, and remove all nuisances in the public streets,
parks and highways; arrest all street mendicants and beggars;
provide proper police attendance at fires; assist, advise, and pro-
tect emigrants, strangers and travelers in public streets, at steam-
boat and ship landings, and at railroad stations; carefully observe
and inspect all places of public amusement, all places of business
having excise or other licenses to carry on any business; all
houses of ill-fame or prostitution, and houses where common
prostitutes resort or reside; all lottery offices, policy shops, and
places where lottery tickets or lottery policies are sold or offered
for sale ; all gambling houses, cock-pits, rat-pits, and public com-
mon dancehouses, and to repress and restrain all unlawful and
disorderly conduct or practices therein ; enforce and prevent the
violation of all laws and ordinances in force in said city; and for
these purposes, to arrest all persons guilty of violating any law
or ordinance for the suppression or punishment of crimes or
offenses.
| L. 1882, ch. 410, 8 282.
y
Id.; general powers over certain trades.
$ 316. The chief of police and each deputy chief of police, and
each inspector in his district, and each captain of police within
his precinct, shall possess powers of general police supervision
and inspection over all licensed or unlicensed pawnbrokers, ven-
ders, junk-shop keepers, junk-boatmen, cartmen, dealers in second-
hand merchandise, intelligence-office keepers,' and auctioneers,
within the said city; and in the exercise of said supervision, may
from time to time empower members of the police force to fulfill
164 POLICE MAY EXAMINE PAWNBROKERS' Books. [$$ 316–318
such special duties in the aforesaid premises as may be from time
to time ordained by the police board. The said chief of police
and each deputy chief of police, and each inspector in his district
and each captain within his precinct, may, by authority in writ-
ing, empower any member of the police force, whenever such
member shall be in search of property feloniously obtained, or in
search of suspected offenders, or evidence to convict any person
charged with crime, to examine the books of any pawnbroker, or
his business premises, or the business premises of any licensed
vender, or licensed junk-shop keeper, or dealer in second-hand
merchandise, or intelligence-office keeper, or auctioneer, or boat
of any junk-boatman. Any such member of the police, when
thereto authorized in writing, by the said chief, shall be author-
ized to examine property alleged to be pawned, pledged, depos-
ited, lost or stolen, in whosesoever possession said property may
be; but no such property shall be taken from the possessor
thereof without due process or authority of law.
L. 1882, ch. 410, 8 283.
As to inspection of pawnbrokers' books, see L. 1883, ch. 339, $ 6.
Id.; may examine pawnbrokers' books.
$317. The chief of police, deputy chiefs of police, inspectors
of police, and captains of police and persons acting by their, or
by either of their orders, shall have power to examine the books
of any pawnbroker, his clerk or clerks, if they deem it necessary,
when in search of stolen property, and any person having in his
possession a pawnbroker's ticket shall, when accompanied by a
policeman, or by an order from the chief of police or a deputy
chief of police, or an inspector of police, or a captain of police,
be allowed to examine the property purporting to be pawned by
said ticket; but no property shall be removed from the posses-
sion of any pawnbroker without the process of law required by
the existing laws of this state, or the laws and ordinances of the
city regulating pawnbrokers. A refusal or neglect to comply in
any respect with the provisions of this section, on the part of any
pawnbroker, his clerk or clerks, shall be deemed a misdemeanor,
and punishable as such.
L. 1882, ch. 410, 284.
Id.; suppression of gaming and other houses.
$ 318. If any member of the police force, or if any two of
more householders shall report in writing, under his or their sig.
nature, to the chief of police or to a deputy chief of police, that
$8 318-320] REGULATIONS 'Y
165
FOR NAVIGABLE WATERS.
there are good grounds (and stating the same) for believing any
house, room or premises within the said city to be kept or used
as a common gambling-house, common gaming-room, or common
gaming premises, for therein playing for wagers of money at any
game of chance, or to be kept or used for lewd and obscene pur-
poses or amusements, or the deposit or sale of lottery tickets or
lottery policies, it shall be lawful for the chief of police or a
deputy chief of police, to authorize, in writing, any member or
members of the police force to enter the same, who may forth-
with arrest all persons there found offending against law, but
none others; and seize all implements of gaming, or lottery
tickets, or lottery policies, and convey any person so arrested be-
fore a magistrate, and bring the articles so seized to the office of
the property clerk. It shall be the duty of the said chief of
police or deputy chief of police to cause such arrested person to
be rigorously prosecuted, and such articles seized to be destroyed,
as the orders, rules, and regulations of the police board shall
direct.
L. 1882. ch. 410, 4 285.
D
Rules and regulations as to navigable waters within the city limits.
$ 319. It shall be the duty of the board to provide and enforce
proper rules and regulations for the safety of passengers on ex-
cursion steamers, yachts, and all craft taking part in regattas or
races, whether as observers or participants, in the navigable
waters embraced within the corporate limits of the city and to
preserve the public peace and prevent undue interference with or
interruption of such regattas and races. Such rules and regula-
tions when so adopted shall be duly published in the public news-
papers and any wilful violation of the same by any person shall
subject the offender to the penalties of a misdemeanor and if the
holder of a license from the city to a forfeiture thereof.
Police board; to furnish station houses, etc., and fix boundaries of
precincts; headquarters.
$ 320. The police board shall from time to time with the author-
ity of the municipal assembly, establish, provide and furnish sta-
tions and station houses, or sub-stations and sub-station houses, at
least one to each precinct, for the accommodation thereat of
members of the police force, and as places of temporary detention
for persons arrested and property taken within the precinct; and
shall also provide and furnish such business accommodations, ap.
166
[$$ 320, 321
DETENTION OF WITNESSES.
paratus and articles, and provide for the care thereof, as shall be
necessary for the department of police and the transaction of the
business of the department. The said police board is hereby
authorized and empowered to furnish horses and wagons, to be
known as patrol wagons, which said horses and wagons shall be
under the custody, control and care of said police department,
for the exclusive use thereof. The board of estimate and appor-
tionment and the municipal assembly are directed to appropriate
a sufficient sum of money in each and every year, for the purpose
of furnishing such horses, wagons and apparatus connected there-
with, and the maintenance thereof, and for the other purposes
authorized by this section. The number and boundaries of the
precincts shall be fixed by the police board. There shall be one
headquarters or central station, established and located by said
police board in each borough into which The City of New York
is divided by this act. A deputy chief of police shall be assigned
. to duty by the police board at police headquarters in the borough
of Brooklyn, and, in the discretion of the police board, a deputy
chief of police may be assigned to duty at police headquarters in
each of the other boroughs. The said police board shall apply
to and use for the purposes mentioned in this section, the prop-
erty and premises which shall come into their possession, or un-
der their control, by virtue of section two hundred and seventy-
five of this act, so far as suitable for the purpose in their judgment,
and available therefor.
L. 1882, ch. 410, § 354, as am'd by L. 1886, ch. 596.
As to designation by board of pointment of police matrons, see
police of station houses for detention 1888, ch, 420, as am'd by L. 1891, ch,
of women under arrest, and the ap- 90.
Id.; to provide accommodations for detention of witnesses.
$ 321. The police board shall, where not otherwise provided by
law, and as authorized by the municipal assembly, provide suit-
able accommodations and supplies for the detention of witnesses
who are unable to furnish security for their appearance in crimi
nal proceedings, other than children actually or apparently under
the age of sixteen years, to be called the house for the detention
of witnesses; and such accommodation shall be in premises other
than those employed for the confinement of persons charged wi
crime, fraud or disorderly conduct. And it shall be the duty º
all magistrates, when committing witnesses in default of ball,!
commit them to such house for detention of witnesses.
board of estimate and apportionment and the municipal assem.
$S 321–324] POLICE TELEGRAPH AND TELEPHONE LINES. 167
shall in each and every year appropriate a sufficient sum of money
to defray the expenses authorized by this section. And said
police board shall apply to and use for such purposes the prop-
erty and premises which shall come into their possession or under
their control by section two hundred and seventy-five of this act,
so far as the same may be available, and, in their judgment, suit-
able therefor.
L. 1882, ch. 410, 8 253.
Id.; to provide lodgings for vagrants, etc.
§ 322. It shall be the duty of said police board and it is hereby
empowered to provide for the lodging of vagrants and indigent
persons as far as such duty is not by law imposed on some other
department of The City of New York.
| L. 1882, ch. 410, 8 258.
N
Id.; may maintain and operate telegraph and telephone lines, and use
same in assisting department of health.
$ 323. The police board shall have power to erect, operate,
supply and maintain, under the general laws of the state relating
to telegraphs, all such lines of telegraph and telephone to and
between such places in the city as for the purposes and business
of the police the board shall deem necessary. The police board
may procure all instruments, fixtures, property and materials for
the purpose above mentioned, and control the same, but the cost
thereof shall be chargeable to general expenses of police. The
police board is hereby permitted to use the said telegraph and
telephone lines to aid it in facilitating the operations of the de- .
partment of health, and when so used, the expense thereof shall
be charged to the said department of health.
L, 1882, ch. 410, $ 255.
Id.; may use boats; establish mounted patrol, sell old property, etc.
$ 324. In the performance of police service in any precinct or
precincts, comprising waters of the harbor, the police board may
procure and use and employ such rowboats, steamboats, and
boats propelled by other power as shall be deemed necessary and
proper. In rural or sparsely inhabited precincts it may estab-
lish a mounted patrol and procure and use and employ so many
horses and equipments as shall be requisite for the purpose; and
It shall procure and cause to be used teams and vehicles to trans-
port prisoners, supplies and property, whenever the use of teams.
and vehicles for such purposes shall be proper and tend to pre-
168 APPLICATIONS FOR MEDICAL ATTENDANCE. [SS 324-326
serve the public peace and decency. The police board may sell
and dispose of, in accordance with law, any personal property
owned or used in the department, whenever such property shall
have become old and unfit and shall not be required for service,
and it shall have authority to detail and employ patrolmen in
any duty or service, other than patrol duty, which may be neces-
sary and proper to enable the department to exercise the powers
and perform the duties and business imposed and required by law.
L. 1882, ch. 410, § 256, as am'd by L. 1895. ch. 118, $ 1.
f
Applications for medical attendance; registered physicians.
§ 325. Upon the application of any person residing within the
precinct, it shall be the duty of the captain or other officer at the
desk to register in a book kept open for that purpose, the name
and address of any person desiring or needing medical attendance,
with the name or address of the person making such application,
and without delay to select and notify of such application one
from the list of physicians who have registered in said precinct as
thereby pledging themselves to respond to any call for medical
attendance, and who have been certified by the registrar of vital
statistics of the department of health as being in good and regu-
lar standing. It shall be the duty of the captain or other officer
at the desk, in the absence of any expressed preference by the
applicant, to select and notify, from the list of physicians thus
registered, the name of the physician residing nearest to the resi-
dence of the said patient in whose behalf application is made.
| L. 1882, ch. 410, $ 297.
Compensation of registered physician; certificate, etc.
$ 326. It shall be the duty of the captain, sergeant, or other
officer at the desk, in such police precinct as before specified,
upon registry of any application as described in the preceding
section, immediately to detail an officer whose duty it shall be to
call upon such physician without delay, and to conduct him to
the residence of the patient, also to verify by personal inspection
or inquiry, the name and address of such patient as registered by
his superior officer. Every officer thus detailed as messenger
shall be furnished with a blank certificate, upon which the name
and address of the physician responding to the call, the name
and address of the patient attended, and the date and hour of
the visit shall be written by him after he has conducted the
physician to the patient's residence and verified the genuineness
$8 326, 327] REPORT TO DEPARTMENT OF HEALTH.
169
of the application. Such certificate shall be signed by him and
given to the physician, and shall specify upon its face that the
physician therein named is entitled to the sum of three dollars
from the public funds, upon presentation thereof to the proper
officer, and endorsement thereof in writing of the name of the
captain of the precinct. But it shall be the duty of the physi-
cian making such visit to present such certificate to the patient
or his or her agent or attendant, and to request payment of the
said sum specified; and in case of such payment being made.
said physician shall surrender such certificate to the person or
persons making it, and it shall cease to be a claim upon the
public treasury. In default of the immediate payment of the
said fee specified in the said certificate, by the patient or his or
her agent or attendant, it shall be the duty of the captain of the
police precinct in which the visit was made, to endorse it with
his name; and thus endorsed it shall be the duty of the cashier
of the department of health to pay at sight the fee aforesaid,
and to enter the payment in a book provided for that purpose,
and take up the certificate. And all certificates thus redeemed
shall be valid debts to the amount therein named, against the
patients therein named, or their guardians, which the said depart-
ment may order collected by due process of law, provided that
no prosecution shall be instituted in cases where it is satisfactorily
shown that the patient is without sufficient means for the pay-
ment thereof.
L. 1882, ch. 410, $ 298.
Physician to report to department of health.
§ 327. It shall be the duty of every physician thus called to
the medical assistance of any person within the police precinct in
which he is registered, to transmit to the registrar of the depart-
ment of health, within twenty-four hours after the call shall have
been answered, a full and accurate statistical exhibit of the case,
specifying therein the age and sex and the employment, profes-
sion or business of the patient, the nature of the disease, the
hour of the attack, when practicable, the date and the police
precinct and ward in which the case occurred; the same shall be
signed with the full name and address of the physician render-
ing it, but the name and address of the patient shall always be
omitted. And it shall be the duty of the department of health
to provide all physicians thus registered for night service with
appropriate blanks for the said purpose, upon their application
therefor.
L. 1882, ch. 410, 8 299.
170
DUTIES OF REGISTERED PHYSICIANS. [SS 328–330
Nearest physician to be called; penalty for refusal to attend.
$ 328. Any policeman who shall be detailed as messenger, ac-
cording to the provisions hereinbefore specified, shall, in the
absence of preference expressed in the application, call the physi-
cian nearest and most convenient to the patient's residence, or in
the absence or refusal from any cause of the latter, the physician
next nearest, and so on. And there shall be no delay or waiting for
such physician to return; and any member of the force neglecting
to comply with this provision shall be subject to trial and fine, or
dismissal from service, by the police board, in the same manner
as for other offenses cognizable by the said body. And any
physician thus registering who shall twice refuse or neglect, with-
out reasonable excuse, to answer a call made according to the
provisions of the three preceding sections, shall be subject to
have his name erased from the list, upon proper evidence thereof,
submitted to an executive officer, who shall be appointed by the
registrar of vital statistics of the department of health, and shall
be under his immediate supervision.
L. 1882, ch. 410, $ 300.
List of registered physicians to be posted.
§ 329. The captains of the several police precincts shall cause
the names and addresses of such physicians as have been duly
certified by the registrar of vital statistics to be plainly and
legibly written or printed on a bulletin provided for that purpose,
which bulletin shall be placed at a convenient point near the
captain's desk, and kept open to the inspection of all persons
within the precinct desiring to see the same. They may, if in
their judgment it shall be necessary to the public convenience,
cause the bulletins of physicians herein specified to be posted in
the hotels and district telegraph offices within their respective
precincts, but any applicant applying at such hotels' or telegraph
offices, or desiring the services of any messenger other than a
member of the police force detailed for that purpose, shall em-
ploy such messenger at his own expense, and shall be liable for
any expenses incurred in communicating with the police precinct:
L. 1882, ch. 410, 8 301.
Hours of service of registered physicians.
· § 330. The period during which the aforesaid physicians shall
be held subject to call shall be between the hours of ten in the
evening and seven in the morning, from October first to March
thirty-first, inclusive, and between the hours of eleven in the
SS 331, 332] CUSTODY OF PROPERTY STOLEN, ETC. 171
evening and six in the morning, from April first to September
thirtieth, inclusive.'
| L. 1882, ch. 410, $ 802.
Stolen property; property clerk; employment of and duties.
$ 331. The police board shall employ some person as clerk, who
shall be designated property clerk, to take charge of all property
alleged to be stolen or embezzled, and which may be brought
into the police office, and all property taken from the person of a
prisoner, and all property or money alleged or supposed to have
been feloniously obtained, or which shall be lost or abandoned,
and which shall be taken into the custody of any member of the
police force or criminal court in The City of New York, or which
shall come into the custody of any magistrate or officer, shall be,
by such member or magistrate, or by order of said court, given
into the custody of and kept by the said property clerk. All
such property and money shall be described and registered by
said property clerk in a book kept for that purpose, which shall
contain the name of the owner or claimant if ascertained, the
place where found, the name of the person from whom taken,
with the general circumstances, the date of its receipt, the name
of the officer recovering the same, a description thereof, the
names of all claimants thereto, and any final disposition of such
property or money. The said police board may prescribe regu-
lations in regard to the duties of the clerk so designated, and
require and take security for the faithful performance of the
duties imposed by this section, but all animals strayed, lost or
stolen, which shall come into the possession of the said property
clerk shall by him be transferred and sent to the public pound,
in said city, anything herein contained to the contrary notwith-
standing.
L. 1882, ch. 410, 8 288, as am'd by L. 1884, ch. 180, 8 12.
bd.; return of property to person accused.
$ 332. Whenever property or money taken from any person
arrested shall be alleged to have been feloniously obtained, or to
be the proceeds of crime, and brought, with all ascertained claim-
ants thereof, and the person arrested, before some magistrate for
adjudication, and the magistrate shall be then and there satisfied
from evidence that the person arrested is innocent of the offense
alleged, and that the property rightfully belongs to him, then
said magistrate may thereupon, in writing, order such property
of money to be returned, and the property clerk, if he have it, to
172
[S$ 332–335.
SALE OF UNCLAIMED PROPERTY.
deliver such property or money to the accused person himself,
and not to any attorney, agent or clerk of said accused person.
| L. 1882, ch. 410, 8 289.
(a) Personal property in the cus- larceny; but after his conviction or
tody of the property clerk of the po- acquittal the clerk has no claim to it.
lice department may be taken in an as against the owner. Lynch v. St.
action of replevin brought by the John, 8 Daly, 147. See Wagener v.
rightful owner, and the clerk may Harriott, 20 Abb. N. C. 283.
not disobey the process of the court (b) But it seems that the property
because he holds it in his official ca- clerk may lawfully refuse to deliver
pacity. Property so held is in the property to its owner, unless, upon
custody of the law where its posses- the written order, for which provision.
sion and use is necessary to secure the is made in this section. Lynch v. St.
conviction of one charged with its John, above.
Id.; claim to by another person. :
$ 333. If any claim to the ownership of such property or money
shall be made on oath before the magistrate, by or in behalf of
any other persons than the person arrested, and the said accused
person shall be held for trial or examination, such property or
money shall remain in the custody of the property clerk until the
discharge or conviction of the person accused and until lawfully
disposed of.
L. 1882, ch. 410, 8 290.
7
Unclaimed, lost, stolen, etc., property, to be registered and advertised.
$ 334, All property or money taken on suspicion of having been
feloniously obtained, or of being the proceeds of crime, and for
which there is no other claimant than the person from whom such
property was taken, and all lost property coming into the posses-
sion of any member of the said police force, and all property and
money taken from pawnbrokers as the proceeds of crime, or by
any such.member from persons supposed to be insane, intoxicated
or otherwise incapable of taking care of themselves, shall be trans-
mitted, as soon as practicable, to the property clerk, to be regis-
tered and advertised in the City Record for the benefit of all per-
sons interested, and for the information of the public, as to the
amount and disposition of the property so taken into custody by
the police.
L. 1882, chi 410, 8 291.
Id.; to be sold if unclaimed.
$ 335. If the property stolen or embezzled be not claimed by
the owner, before the expiration of six months from the convic-
tion of a person for stealing or embezzling-it, the officer having
it in his custody must, on payment of the necessary expenses in-
71
SS 335-337]
173
ARRESTS WITHOUT WARRANT.
curred in its preservation, deliver the same to the property clerk.
The property so delivered to said property clerk, and all such
other property, securities, moneys, things, or choses in action,
that shall remain in the custody of the property clerk for the
period of six months without any lawful claimant thereto, after
having been advertised in the City Record for the period of ten
days, may be sold at public auction in a suitable room to be
designated for such purpose, and the proceeds of such sale shall
be paid into the police pension fund. No property shall be de-
livered to the property clerk or at the central office of the police
department, except as provided by law.
L. 1882, ch. 410, $ 292, as am'd by L. 1884, ch. 180, $ 13.
(a) Before the property clerk of the or claimant, after being taken in the
police department may sell or dispose custody of the property clerk, or the
of chattels, there must be such an police authorities. So long as anyone
abandonment of them as precludes urges a claim to them, whether as
the possibility of discovering the bailer, as finder or as first occupant,
owner or any one who could lawfully they cannot be deemed as abandoned
claim them within the time allowed property under the statute so far as
by statute, or else a relinquishment to justify a sale of them by the prop-
or surrender of all right or title to erty clerk. Koplick v. Harriott,
them, on the part of a known owner Daily Reg. 23 May, 1884.
1
Stolen property desired as evidence in criminal court.
$ 336. If any property or money placed in the custody of the
property clerk shall be desired as evidence in any police or other
criminal court, such property shall be delivered to any officer who
shall present an order to that effect from such court. Such prop-
erty, however, shall not be retained in said court, but shall be re-
turned to such property clerk to be disposed of according to the
previous provisions of this chapter.
| L. 1882, ch. 410, 8 293.
Police force; arrests without warrant.
§ 337. The several members of the police force shall have power
and authority to immediately arrest, without warrant, and to take
into custody, any person who shall committ, or threaten, or at-
tempt to commit, in the presence of such member, or within his
his view, any breach of the peace or offense directly prohibited
by act of the legislature, or by any ordinance made by lawful
authority. The members of the police force shall possess in The
City of New York and in every part of this state, all the common
law and statutory powers of constables, except for the service of
civil process, and any warrant for search or arrest, issued by any
magistrate of this state, may be executed, in any part thereof, by
any member of the police force, and all the provisions of sections
L
174
ACCUSED TO BE TAKEN BEFORE MAGISTRATE. '[$ 338
seven, eight and nine of chapter two, title two, part four of the
revised statutes, in relation to the giving and taking of bail, shall
apply to this chapter.
L. 1882, ch. 410, 8 277.
See People v. Murray, 7 N. Y. Supp. S. C., 1 Robt. 555 ; Carpenter v. Mills,
548; Burns v. Erben, 40 N. Y. 463; 29 How. Pr. 473.
Id.; returns of arrests; accused to be taken before magistrate.
§ 338. In every case of arrest by any member of the police force,
the same shall be made known immediately to the superior on
duty in the precinct wherein the arrest was made, by the person
making the same; and it shall be the duty of the said superior,
within twenty-four hours after such notice, to make written re-
turn thereof, according to the rules and regulations of the police
department, with the name of the party arrested, the alleged
offense, the time and place of arrest, and the place of detention.
Each member of the police force, under the penalty of ten days'
fine, or dismissal from the force, at the discretion of the police
board shall, immediately upon an arrest, convey in person the
offender before the nearest sitting magistrate, that he may be
dealt with according to law. If the arrest is made during the
hours that the magistrate does not regularly hold court, or if
the magistrate is not holding court, such offender may be detained
in a precinct or station-house thereof, until the next regular pub-
lic sitting of the magistrate, and no longer, and shall then be
conveyed without delay before the magistrate, to be dealt with
according to law. And it shall be the duty of the said police
board, from time to time, to provide suitable rules and regula-
tions to prevent the undue detention of persons arrested, which
rules and regulations shall be as operative and binding as if herein
specially enacted, subject, however, to the order of the court
committing the person arrested.
L. 1882, ch. 410, 8 279.
(a) When a person is arrested with (6) Where a person lawfully ar-
out warrant and the law requires rested without a warrant has been
that the person so arrested be im- brought before a magistrate, it is
mediately and without delay" con- within the power and is the duty of a
veyed before the nearest magistrate, police officer without any direction
it is the plain duty of a police official from the court or its officers, to detain
to goverr his force accordingly, and him until there may be an opportu-
not to direct the imprisonment of the nity for hearing before the magistrate,
person, arbitrarily and without pro- and whether such detention is in the
cess of law, for the space of several room appropriated to prisoners or the
days. An action for false imprison- court-room is a matter of propriety
ment is maintainable for such wrong with which the court will not inter-
ful detention. Green v. Kennedy, 26 fere. So held in an action against the
Barb. 16; affi'd 48 N. Y. 653.
clerk of a police magistrate for false
S$ 339–341] PENALTY FOR PERSONATING POLICEMAN.
175
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 mem-
ber 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 spe-
cific 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 per-
sons, 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, $ 280, 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
of any sheriff of this state, to serve any criminal process within
the said city.
| L. 1882, ch. 410, $ 281.
IUI
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
176
[S 342
INSPECTION OF STEAM BOILERS.
actually on duty shall be liable to arrest on civil process, or to
service of subpæna from civil courts.
L. 1882, ch. 410, 8 275.
(a) A member of the police force the right of third parties to arrest such
may be arrested upon civil process officers when not actually on duty.
when not actually on duty. Coxson Hart v. Kennedy, 15 Abb. Pr. 290;
v. Doland, 2 Daly, 66; Hart v. Ken- rev'g 14 Id. 432; s. C., 23 How. Pr.
nedy, 15 Abb. Pr. 290; Squires Case, 417.
12 Id. 38.
(©) It seems that the exemption
(6) A resolution of the police board from military service and jury duty
that certain officers shall be deemed is absolute and unlimited. Squires
to be always on duty does not affect 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 con-
venient 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 hydro-
static 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 in-
spection 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-
1
SS 342, 343] CERTIFICATES FOR ENGINEERS.
177
vided for in this act, and upon receiving from the police depart-
ment a certificate setting forth the location of the boiler in-
spected, 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 pro-
vided 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 dis-
charge the duties heretofore devolved upon them, subject, how-
ever, 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.
f
i
A
T
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 lo-
comotive 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 re-
voked or suspended. Where such certificate shall have been
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
12 ,
178
LICENSES FOR PUBLIC EXHIBITIONS. [$$ 344-346
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 pre-
served 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 at-
tachment for the limitation of pressure may be taken under the
control of the said police department.
L. 1882, ch. 410, S 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 pro-
visions 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 of
omit to have the same reported for inspection, as provided by law,
such boiler may be taken under the control of the police depart-
ment 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 testo
ing 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 pu
lic exhibitions, in the manner and on the conditions provided
title two of chapter twenty-two of this act.
See L. 1882, ch. 410, § 114, People ex rel. Schwab v. Grant, 126 N. Y.
Y.473,
$$ 347–349] LICENSES TO RUNNERS.
179
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.
17
Id.; licenses to runners; bonds.
8 349. 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
notel, or inn, or passengers or patronage for any steamer, steam-
boat, ship, vessel or railroad, or for any person or corporation
selling 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
vbservance by him of the provisions of this section. It shall be
ul for said board, upon an application made prior to. the
expiration of said license to renew and continue the same from
vrat to year, provided that the applicant therefor continues in
" respects qualified, as herein provided, to hold such license
180
[SS 349, 350
SPECIAL PATROLMEN.
and the said applicant shall, upon receiving such renewal, pay
into the city treasury the further sum of twelve dollars and fifty
cents per annum as a renewal fee. Licenses and renewals may
be revoked at any time by the said board for any cause satis-
factory to it, such cause to be stated in writing to the person so
removed at the time of the notice of his removal. No person
shall receive any license under the provisions of this section who
is not a citizen of the United States and a person of good general
character; such fact to be proved to the satisfaction of the police
board. Said board shall render to the comptroller of said city
quarterly accounts of all moneys received by it under the pro-
visions of this section, and the amount so received shall be paid
over by said board into the city treasury.
| L. 1882, ch. 410, 8 117.
Id.; special patrolmen for district telegraph companies.
$ 350. The police board is hereby authorized, in addition to
the police force now authorized by law, to appoint a number of
persons, not exceeding two hundred, who may be designated by
any company which may be operating a system of signaling by
telegraph to a central office for police assistance, to act as special
patrolmen in connection with such elegraphic system. And the
persons so appointed shall, in and about such service, have
all the powers possessed by the members of the regular force,
except as this may be limited by the regulations of the police
board, and they shall be subject to the supervision and control
of the police department. No person shall be appointed as such
special patrolman who does not possess the qualifications which
may be required by the police board for such special service;
and the persons so appointed shall be subject, in case of emer-
gency, to do duty as a part of the regular police force. The police
board shall have power to revoke any such appointment.or
appointments at any time, and every person so appointed shall
wear a badge and uniform, to be furnished by such company,
and approved by the police department. Such uniform shall be
designated at the time of the first appointment under this sec-
tion, and shall be the permanent uniform to be worn by said
special police. The pay of such special patrolmen and all
expenses connected with their service shall be wholly paid by.
such company or companies, and no expense or liability shall at
any time be incurred or paid by the police department for; or
by reason of, the services of the persons so as aforesaid appointed:
| L. 1882, ch. 410, 8 314.
L
$ 351
POLICE PENSION FUND.
181
Police pension fund; police board trustees of; powers over.
$ 351. The police board shall be the trustees of the police
pension fund hereinafter mentioned. The treasurer of said board
shall be treasurer of the pension fund. He shall, before entering
upon his duties as treasurer thereof, execute and deliver to said
board, a bond in the penal sum of one hundred thousand dollars,
to be approved by the comptroller of the city of New York, and
conditioned for the faithful discharge of his duties, and that he
shall pay over and account for all moneys and property which
shall come to his hands as such treasurer. Such trustees shall
have charge of and administer said funds, and from time to time
invest the same, or any part thereof, as they shall deem most
beneficial to said fund, and they are empowered to make all
necessary contracts and take all necessary and proper actions and
proceedings in the premises, and to make payments from such
fund of pensions granted in pursuance of this act, and also pen-
sions now charged on said fund or any part thereof. by or under
existing laws, and said trustees shall be the legal successors of
the trustee or trustees of the police life insurance fund, and of
any police pension fund heretofore existing within the limits of
The City of New York as constituted by this act, including the
pension fund of the park police of the mayor, aldermen and com-
monalty of the city of New York, and the pension fund of the
park police of the city of Brooklyn. The said trustees may, and
they are authorized and empowered, from time to time to estab-
lish such rules and regulations for the disposition, investment,
preservation and administration of the police pension fund as
they may deem best. They shall report in detail to the munici-
pal assembly of the city of New York, annually, in the month of
January, the condition of the police pension fund and the items
of receipts and disbursements on account of the same. No pay-
ments whatever shall be allowed or made by said trustees from
said fund as reward, gratuity or compensation to any person for
salary or services rendered, to or for said trustees, except pay-
ment of legal expenses.
L. 1882, ch. 410, 8 303 ; L. 1884, ch. 180, $ 14.
(a) The police pension fund is in the ceived from this fund by a judgment
nature of a trust expressly authorized debtor cannot be reached by creditors
by statute for the benefit of widows through supplementary proceedings.
and orphans, intended for the support Sargent v. Bennett, 3 How. Pr. N.
of the beneficiaries, and moneys re- S.) 515.
182
[S$ 352, 353
POLICE PENSION FUND.
"Id.; funds to be paid trustees; exemption from execution and process;
false swearing in pension claims.
$ 352. The said police pension fund existing in said City of
New York as constituted by this act, or in any part thereof when
this act takes effect, and all moneys, bonds, investments, securi-
ties, revenues and incomes thereof, or belonging thereto, in
whose hands soever or wherever the same may be, shall be paid
over and delivered on demand to the said trustees of the pension
fund as constituted by this act. The moneys, securities and
effects of the police pension fund, and all pensions granted and
payable from said fund shall be and are exempt from execution
and from all process and proceedings to enjoin and recover the
same by or on behalf of any creditor or person having or assert-
ing any claims against, or debt or liability of, any pensioner of
said fund. Every person who knowingly or wilfully in any wise
procures the making or presentation of any false or fraudulent
affidavit or affirmation concerning any claim for pension or pay-
ment thereof shall in every such case forfeit a sum not exceeding
two hundred and fifty dollars, to be sued for and recovered by
and in the name of the said trustees, and, when recovered, to be
paid over to and thereupon become a part of the said police pen-
sion fund. Any person who shall wilfully swear. falsely in any
oath or affirmation in obtaining or procuring any pension or pay-
ment thereof, under the provisions of this chapter, shall be guilty
of perjury.
L. 1882, ch. 410, $ 304 ; L. 1884, ch. 180, § 15. See Sargent v. Bennett,
cited under last section.
Id.; of what it consists.
$ 353. The said police pension fund shall consist of:
1. The capital, interest, income, dividends, cash, deposits, secu-
rities and credits formerly belonging to the police life insurance
fund, and any police pension fund, existing as aforesaid with the
addition thereto, from time to time, of
2. All forfeitures imposed by the police department from time
to time, upon or against any member or members of the police
force, and of
3. All rewards, fees, gifts, testimonials and emoluments that
may be presented, paid or given to any member of the police
force on account of police services, except such as have been or
shall be allowed by the police department to be retained by the
said members, and also all gifts or bequests which may be made
$ 353]
183
POLICE PENSION FUND.
to the said pension fund, or to the said police board as trustees
thereof.
4. All lost, abandoned, unclaimed, or stolen money remaining
in the possession of the property clerk of the police department
for the space of one year, and for which there shall be no lawful
claimant, and all moneys arising from the sale by said property
clerk of unclaimed, abandoned, lost or stolen property, and all
moneys realized, derived or received from the sale of any con-
demned, unfit or unserviceable property belonging to or in the
possession or under the control of the police department; and of
5. All moneys, pay, compensation or salary, or any part thereof,
forfeited, deducted or withheld from any member or members of
the police force on account of absence for any cause, lost time,
sickness or other disability, physical or mental, to be paid
monthly by the treasurer of the police board to the police pen-
sion fund.
6. All moneys derived or received from any licenses or certifi-
cates granted or given under section three hundred and forty of
this act.
7. Any sum out of or share of excise moneys derived from the
granting of licenses or permission to sell strong or spirituous
liquors, ale, wine or beer, or out of or of any moneys paid for
taxes upon the business of trafficking in or selling or dealing in
strong or spirituous liquors, ale, wine or beer, which by law was,
at the time of the taking effect of this act, applicable to or appro-
priated to any police pension fund then existing within the limits
of The City of New York, as constituted by this act, and such
sum or share shall be paid in equal quarterly installments by the
comptroller of The City of New York, or other person or officer
having the legal custody thereof, to the treasurer of the police
pension fund without any action or authority of or from any
other official body or officer.
8. All moneys received or derived from the granting or issuing
of permits to carry pistols in said city, and no permit shall be
granted or issued to any person except upon the payment of two
dollars and fifty cents in advance to the chief of police, nor shall
any such permit continue in force for more than one year, when
another may be issued from year to year, upon the payment of a
like sum. The chief of police is authorized to grant and issue
permits for such purpose in proper cases, upon the payment of
the sum aforesaid, and all such moneys shall be paid over to the
treasurer of the police pension fund.
1
.
184
[S 353
POLICE PENSION FUND.
17
9 All moneys derived' or received from the granting or issuing
the permits, or the giving of permission to give masked balls,
entertainments or parties, or either of them, in The City of New
York. No masquerade or fancy-dress ball, or other entertain-
ment, shall be held, given or permitted in The City of New
York, except upon condition that a license fee therefor of not.
less than five dollars nor more than one hundred dollars shall first
be paid to the police department who are authorized to demand
and receive the same for the benefit of the police pension fund.
10. A sum of money equal to but not greater than two per
centum of the monthly pay, salary or compensation of each
member of the police force, which sum shall be deducted monthly
by the treasurer of the police board from the pay, salary, or
compensation of each and every member of the police force and
the said treasurer of said board is hereby authorized, empowered.
and directed to deduct the said sum of money as aforesaid and
forthwith to pay the same to the treasurer of the trustees of the
police pension fund.
II. Any and all other moneys and funds which, but for the
passage of this act, would have been part of or applicable to any
police pension fund at the time this act takes effect or thereafter
within the limits of The City of New York as constituted by
this act.
12. And any and all unexpended balances of appropriation or
amounts estimated, levied, raised or appropriated for the pay-
ment of salaries or compensation of members of the police force
within said city of New York remaining unexpended or unap-
plied after allowing all claims payable therefrom. And the police
board may, and it is hereby authorized to pay over to the police
pension fund such unexpended balances or any part thereof, at
any time after the expiration of the year for which the same
were made and appropriated, and after allowing sufficient to sat-
isfy all claims payable therefrom as aforesaid.
13. In case the amount derived from the different sources men-
tioned and included in this section shall not be sufficient at any
time to enable the police department to pay in full the pensions
which have been or which may hereafter be granted, it shall be
the duty of the police department each year at the time of making
up the departmental estimate, to prepare a full and detailed state-
ment of the assets of said police pension fund and the amount
which is required to pay in full all such pensions and to present
the same to the board of estimate and apportionment together
$$ 353, 354]
185
POLICE PENSION FUND.
with a statement of the amount of money required to enable the
said board to pay the said pensions in full. It shall be the duty
of said board of estimate and apportionment and the municipal
assembly to make an appropriation sufficient to provide for such
deficiency and the amount so appropriated shall be included in
the tax levy, and the comptroller shall pay over the money to
the treasurer of the police pension fund.
14. And the said police board, as trustees of the police pension
fund, is hereby authorized and empowered to take and hold, as.
trustees .of such fund, any and all gifts or bequests which may
be made to such fund.
L. 1882, ch. 410, § 305; L. 1893, ch. 529, § 1 (subd. 10). See People v.
McClave, 102 N. Y. 468; affi'g 39 Hun, 511.
Id.; pensions classified.
$ 354. The police board shall have power, in its discretion, ta
retire and dismiss from membership in the said police force, and
thereupon to grant pensions to, as hereinafter provided, any
member of the police force of said city who shall have become
disabled, physically or mentally, or superannuated by age so as to
be unfit for police duty, and to widows and orphans of such
members to be paid from the police pension fund to the trustees.
thereof, as follows:
I. To the widow of any member of any police force within the
limits of said city, who shall have been killed while in the actual
performance of duty, or shall have died from the effects of any
injury received whilst in the actual discharge of such duty, or
who has died, or who shall hereafter die after ten years of service
in any police force within the limits of The City of New York,
as constituted by this act, or who shall have been retired upon a
pension, if there be no child or children under eighteen years of
age of any such member, the sum of not exceeding three hun-
dred dollars per annum; but if there be any such child or children
of such member under the age aforesaid, then the said sum may
be divided between such widow, child or children in such pro-
portions and in such manner as the said trustee may direct; pro-
vided, however, that the foregoing provision shall not be appli-
cable to the widow, child or children of any member of any police
force within the limits of said city who shall have been killed or
died prior to the taking effect of this act, unless such widow,
child or children would have been entitled to a pension under the
laws in force at that time; and provided further that in no event
shall such widow, child or children receive a greater pension than
186
POLICE PENSION FUND. [$$ 354, 355
she, it or they would have been entitled to under the laws in
force immediately prior to the taking effect of this act.
2. Subject to the like limitations, to any child or children
under eighteen years of age of such member killed or dying as
aforesaid, or pensioner as aforesaid, but leaving no widow, or, if
a widow, then after her death to such child or children being yet
under eighteen years of age, a sum not exceeding three hundred
dollars per annum.
· 3. Subject to the like limitations, to any such member of any
such police force who, whilst in the actual performance of duty
and by reason of the performance of such duty, and without
fault or misconduct on his part, shall have become permanently
disabled, physically or mentally so as to be unfitted to perform
full police duty, a suń not to exceed one-half nor less than one-
fourth of his rate of compensation per annum.
4. To any such member of the said police force who shall,
after ten years, and less than twenty-five years' membership in
any such police force, become superannuated by age, permanently
insane or mentally incapacitated, or disabled physically or men-
tally so as to be unfitted or unable to perform full police duty by
reason of such disability or disease contracted without miscon-
duct on his part, a sum not to exceed one-half nor less than one-
fourth of his rate of compensation per annum.
L. 1882, ch. 410, 8 306, as am'd by L. 1893, ch. 326, § 1. .
(a) The granting of a pension under to place the name of a widow of a
this section is entirely within the dis- deceased officer upon the pension fund
cretion of the police board, and their roll. People ex rel. Bliel v. Martin,
refusal to grant a pension to an appli. 131 N. Y. 196; S. C., 42 N. Y. State Rep.
cant cannot be reviewed by the courts. 861; affi'g 11 N. Y. Supp. 123; s. C., 3%
So held, denying an application for a N. Y. State Rep. 440.
mandamus to compel the police board
Id.; when members of force entitled to pension; amount and duration.
$ 355. Any member of the police force being of the age of
fifty-five years who has or shall have performed duty on any
such police force as aforesaid for a period of twenty years or
upwards, upon his own application in writing may, or upon a cer-
tificate of so many of the police surgeons as the police board
may require showing that a member of whatever age who has
served twenty years is permanently disabled, physically or men-
tally, so as to be unfit for duty, shall, by order of the police board,
be relieved and dismissed from said force and service and placed
on the roll of the police pension fund, and awarded and
granted to be paid from said pension fund an annual pension
$ 355]
187
POLICE PENSION FUND.
during his lifetime of a sum not less than one-half of the full
salary or compensation of such member so retired; and any
member of the police force who has, or shall have performed
duty on any such force aforesaid, for a period of twenty-five
years or upwards, being of the age of fifty-five years, or any
member of any such police force who is an honorably discharged
soldier or sailor from the army and navy of the United States in
the late civil war, who shall have reached the age of sixty years,
or any such soldier or sailor whº has performed duty on any such
force for a period of twenty years, upon his own application in
writing, provided there are no charges against him pending, must
be relieved and dismissed from said force and service by the
department and placed on the roll of the police pension fund and
awarded and granted, to be paid from said pension fund, an an-
nual pension during his lifetime of the sum of not less than one-
half of the full salary or compensation of such member so retired;
and the said department may in like manner relieve and dismiss
from the service and place on the roll of the police pension fund,
and grant and award a pension to any member of said force other
than an honorably discharged soldier or sailor of the Mexican or
late civil war who shall have reached the age of sixty years. The
said police department shall award and grant pensions to the
chief of police of three thousand dollars; to each deputy chief
of police, twenty-five hundred dollars ; to each inspector, seven-
teen hundred and fifty dollars; to each captain of the police,
thirteen hundred and seventy-five dollars, and to each sergeant
and detective sergeant of police hereafter relieved and dismissed
from said force and service and placed on the roll of the pension
fund, as hereinbefore provided, the sum of one thousand dollars
per annum hereafter. Pensions granted under this section shall
be for the natural life of the pensioner, and shall not be revoked,
repealed or diminished. In case any member shall have volun-
tarily left any such police force, and entered into the United
States service, and served in the war of the rebellion, in the
army or navy, and received an honorable discharge, and after-
wards shall have been reinstated or reappointed in the police
force, the time of his service in the army or navy, shall be con-
sidered as continuous service in the police force. Pensions may,
in the discretion of the said police department be continued and
paid to the widows and children, or, if no widow, to the child or
children while under the age of eighteen years of any member of
the police force to whom pensions shall have been granted, pro-
188
[S$ 355, 356
POLICE PENSION FUND.
vided however, that such pension to such widows or children, as
the case may be, shall, in no instance, exceed six hundred dollars
per annum, and the same may, in the discretion of the said board,
be, from time to time, and at any time diminished, modified or
revoked; provided however, that no member of either of the
police forces by this act consolidated, having a right to retire upon
a pension at the time this act takes effect, shall be deprived of
such right by reason of his remaining upon the police force,
or of anything in this act contained. In determining the terms of
service of any member of the police force, service in the munici-
pal and metropolitan force, and subsequently in the police force
of the city of New York, as heretofore constituted, or in any
police force within the limits of The City of New York as hereby
constituted, and thereafter in the police force created by this act,
shall be counted and held to be service in the police force of The
City of New York for all the purposes of this chapter.
L. 1882, ch. 410, $ 307, as am'd by L. 1895, ch. 569, S 6.
(a) RETIREMENT, WHEN DISCRETION- discipline, cannot escape effect of such
ARY. The provision of this section breach by simply filing his applica-
for the retirement of police officers, tion for pension, after notice of sus-
other than veterans, after twenty pension, and that charges have been
years' service, does not authorize re- made against him. People ex rel.
tirement as of right, but only upon the Tuck v. French, 44 Hun, 24; affi'd in
vote of the police board. People ex 108 N. Y. 105.
rel. Brady v. Martin, 145 N. Y. 253; (d) RETIREMENT, WHEN MANDA-
People ex rel. Reilly V. Andrews, 89 TORY. The retirement of a member
Hun, 452 ; People ex rel. Bolster v. of the police force who has served
French, 46 Id. 232.
twenty-five years, and against whom
(b) The power thus vested in the there are no charges pending, is
police board to pass upon applica- mandatory upon the police board.
tions for retirement, does not confer People ex rel. Eakins v. Roosevelt, 12
an unlimited and unreviewable dis- Misc. 622 ; S. C., 68 N. Y. State Rep.
cretion upon them. The discretion is 85 ; 34 N. Y. Supp. 228.
a judicial one, to be exercised reason (e) SERVICE, HOW COMPUTED. Un.
ably and fairly upon the application der this section the term of service
of the police officer for retirement. required of a member of the police
People ex rel. Brady v. Martin, 145 force need not be continuous to en-
N. Y. 253; compare People ex rel. title him to be retired from the force.
Reilly v. Andrews, 89 Hun, 452. People ex rel. Bolster V. French, 46
(c) The board of police has a reason Hun, 232.
able time in which to determine (f) PENDING CHARGES. The mean.
whether an applicant for a pension is ing of the term “pending charges," as
entitled thereto, and until this has used in this section, considered. Peo-
been done, he remains a member of ple ex rel. Eakins v. Roosevelt, 1%
the force, as much as he ever was, ÎMisc. 622 ; S. C., 68 N. Y. State Rep.
and is subject to the rules thereof; a 85 ; 34 N. Y. Supp. 228.
member of the force who has served (9) A complaint against a police
such a period, and under such circum- officer, filed by a citizen with the por
stances as entitles him to a pension, lice board, is a "charge pending,"
but elects to continue in the service, within the meaning of this section:
and thereafter commits a breach of Id.
Id.; when certain pensions terminate; equalizing existing pensions.
$ 356. Pensions to widows shall terminate when the widow
SS 356–3585
189
] POLICE PENSION FUND.
shall re-marry, and pensions to children shall terminate whenever
the children shall respectively marry or arrive at the age of eigh-
teen years. The police board may, in its discretion, order any
pension granted, or any part thereof, to cease, or be diminished,
except those pensions as to which it is otherwise provided in this
act, and as therein provided; but in all such cases the said police
board shall file with the trustees of the police pension fund a
written statement of the causes which determined the police board
in ordering any pension so to cease or be diminished; and noth-
ing herein, or in any other act contained, shall render the grant-
ing of any pension obligatory on the police board or chargeable
as a matter of right upon said police pension fund, except as
herein provided. All existing pensions lawfully granted, payable
out of the police life insurance fund, or any police pension fund
of which the police board are made trustees by this chapter, and
not lawfully revoked, are continued and shall be paid out of the
police pension fund in pursuance of the limitations and provisions
of this chapter.
L. 1882, ch. 410, $ 308a, as am'd by L. 1884, ch. 180, $ 19.
The board of police commissioners,
acting as trustees of the police life
assurance fund, have authority, in
their discretion, to discontinue a pen-
sion. People ex rel. Freligh v. Mab-
sell, 94 N. Y. 179.
1
Id.; certificate of disability; department may make rules.
$ 357. No member of the police force shall be granted, awarded,
or paid a pension on account of physical or mental disability or
disease, unless a certificate of so many of the police surgeons as
the police board may require, which shall set forth the cause,
nature and extent of the disability, disease or injury of such
member, shall be filed in the department. And no member
shall be retired upon pension or be pensioned, nor shall any pen-
sion be awarded, granted or paid except as provided in this
chapter, any other law to the contrary notwithstanding. The
said police department is authorized and empowered to make and
adopt all such rules, orders and regulations as are or may be
necessary to carry out and enforce the provisions of this act as to
pensions.
L. 1882, ch. 410, $ 309, as am'd by L. 1884, ch. 180, § 20.
Elections; powers transferred to police board; board and offices abol-
ished.
§ 358. All the rights, powers, authority, duties and obligations
immediately heretofore by law vested in or imposed upon the
190
[SS 358–361
GENERAL BUREAU OF ELECTIONS.
board of elections of the city of Brooklyn, or upon the commis-
sioners or either of them .comprising such board, or upon the
police commissioners of the mayor, aldermen and commonalty of
the city of New York, with respect to elections, shall forthwith.
by force of and as an effect of this chapter be transferred to and
continue in and upon the police board created by this act, except.
in so far as the same shall be contrary to or inconsistent with the
provisions of the election law and of this chapter. The board of
elections of the city of Brooklyn and the tenure or term of office
of the commissioners comprising such board and each of them.
are hereby abolished.
L. 1888, ch. 583, tit. XX.
General bureau of elections; control of; branches.
$ 359. There shall be in the police department created by this
chapter a bureau to be known and designated as the general
bureau of elections of The City of New York, which shall be
located at police headquarters in the borough of Manhattan.
Branches of said general bureau shall be established as follows:
One in the borough of The Bronx; one in the borough of Brook-
lyn; one in the borough of Richmond; and one in the borough
of Queens. Said police board shall have cognizance and control
of said general bureau of elections, and of the branches thereof,
and of the officers, employes, affairs and administration of said
general bureau and its branches.
| L. 1882, ch. 410, 8 260.
Id.; management; superintendent.
§ 360. The affairs of said general bureau of elections and of said
branches thereof under and subject to such rules, regulations and
orders as may, from time to time, be made by said police board,
not inconsistent with the provisions of the election law or of this
chapter, shall be managed, conducted and carried on by a person
chosen and appointed by said police board who shall be known
as the superintendent of elections of The City of New York; and
such other officers, clerks, assistants and employes as may be
selected or appointed as hereinafter provided.
L. 1882, ch. 410, $ 260.
Id.; appointment of chiefs of branches and assistants; salaries of assist-
ants; detailing members of police force.
§ 361. Said police board shall also provide and appoint for each
of the said branch bureaus a chief of such branch bureau and such
SS 361-364]
191.
SALARIES OF ELECTION OFFICERS.
clerks, or other assistants, and furnish such accommodations and
supplies for the conduct and administration of said general bureau.
and its branches, and their duties and affairs as may be reason-
ably necessary, and shall fix the grade, rank, duties and salaries
of such clerks and other assistants. Said police board shall pay
said salaries in equal monthly installments. Said police board
shall detail to said general bureau and its branches such patrol-
men and other members of the police force as may be necessary
from to time for the faithful performance by said general bureau
and its branches of their functions and duties.
Id.; officers' terms and salaries; removals.
§ 362. The said superintendent of elections shall hold his office
for five years, and shall receive a salary of six thousand dollars a.
year. The chiefs of the branch bureaus of elections of the
boroughs of Kings, Richmond, The Bronx and Queens shall.
receive such salaries respectively as shall be fixed by the police
board, not to exceed the sum of four thousand dollars a year for
the chief of the branch bureau of elections in the borough of
Brooklyn, fifteen hundred dollars a year in the borough of The
Bronx, and fifteen hundred dollars a year in each of the boroughs.
of Richmond and Queens. Such salaries shall be paid by the
police board in equal monthly installments. Said superintendent
of elections and chiefs of- branch bureaus shall each be removable
at any time by the police board for cause.
See L. 1882, ch. 410, § 260.
Id.; employes continued in service.
§ 363. Until said police board shall otherwise provide, the
clerks, assistant clerks, and other employes attached to or in the
service of the board of elections of the city of Brooklyn when
this chapter takes effect shall continue in the service and em-
ployment of the said general bureau of elections or said branches
thereof, and they shall have the same salaries and perform the
same duties as heretofore. But said police board shall have the
power to fix the salaries, duties, and rank of such clerks, assist-
ant clerks, and other employes.
Id.; appropriation for expenses of.
§ 364. The board of estimate and apportionment and the
municipal assembly shall annually include in its final estimate and
in its appropriations for the police department each year, such
sums as may be necessary to pay the expenses of said general
192 ELECTION EXPENSES CHARGE AGAINST CITY. [$$ 364-367
bureau of elections and branches thereof, including salaries and
compensations of the said superintendent of elections, and the
chiefs of the branch bureaus thereof, and of all other clerks and
assistants therein. The sums so included in the said estimate
shall also be included in the yearly tax levy upon the estates,
real and personal in the said city of New York.
See L. 1882, ch. 410, § 1930.
Id.; superintendent the chief executive officer; annual report.
§ 365. The superintendent of elections shall be the chief execu-
tive officer of the general bureau of elections and be charge-
able with and responsible for the execution of the provisions of
relating to said general bureau or any of its branches. He shall
render to the police board in each year a statement of the opera-
tions and expenses of the general bureau of elections and the
branches thereof, together with an estimate of the expenses
thereof for the ensuing year, and such recommendations in
reference to the election law and the rules and regulations of the
police board relating to the election bureau and as to elections as
to him. may seem advisable.
Id.; chiefs of branches; duties; location of offices..
§ 366. The chief of a branch bureau of elections shall perform
such duties as now are or which inay hereafter be prescribed by
the election law, and the rules and regulations of the police
board. He shall be subject to the orders and directions of the
superintendent of elections under the rules and regulations of
the said board, and his office shall be located at the police head-
quarters in the borough in which he is appointed to serve.
Id.; election expenses a charge against the city.
§ 367. The legal compensation of all inspectors of election,
poll-clerks and ballot-clerks, the expenses of registration and re-
vision of registration required by law, and of the compilation
and publication of the registry of electors, of all necessary
notices, posters, maps, advertisements, registers, books, blanks
and stationery, rent and cost of fitting up, warming, lighting,
cleaning and safe keeping of all places of registration, revision
of registration and polling places, and of all supplies of every
kind and nature for and all other necessary expenses of all elec-
tions in The City of New York as constituted by this act, or any
territory included therein shall be a charge against The City of
$$ 367–370] REGISTERS OF ELECTORS TO BE DESTROYED. 193
New York, and shall, upon proper certificates and vouchers, be
paid in the same manner as by law is provided for the payment
of the other expenses of and charges against the said city. And
the sums necessary for the purposes and payment specified in
this section shall, by the board of estimate and apportionment
and the municipal assembly, be included in the annual budget
each year, and such sums shall also be included in the yearly tax
levy upon the estates, real and personal, in The City of New
York.
See L. 1882, ch. 410, $ 1930; $ 194, subd. 10.
Id.; existing records and property transferred to custody of.
§ 368. All books, documents, papers, records and election ap-
pliances or appurtenances held or used by or under the control
of the board of elections of the city of Brooklyn, or the board of
police commissioners of the city of New York, or the bureau of
elections in said city, or other officers having cognizance of the
conduct of the elections in The City of New York as constituted
by this act shall be transferred to the care, custody and control
of the general bureau of elections created by this chapter, but
shall be in such care, custody and control, subject to the orders of
the police board.
Id.; superintendent to destroy registers of electors, etc.
§ 369. The superintendent of the general bureau of elections
under the direction of the police board in The City of New
York, is hereby authorized and directed, not less than two years
after each election, to sell or destroy all registers of electors,
statements, of canvass and tally sheets; provided that two copies
of the register of electors for each election district to be selected
by the superintendent of the general bureau of elections, shall be
excepted and preserved from such sale or destruction.
L. 1892, chu 421.
Id.; application of preceding section.
$ 370. The provisions of section three hundred and sixty-seven
of this act shall apply to and include the material and records of
former elections which may at any time be in the custody of said
general bureau of elections or branches thereof, but shall not at
any time apply to nor include any material or records of any
elections as to which any proceeding may at any time be pending
13
194
DISPOSITION OF PROCEEDS OF SALES. [$ 371
in any court, and such material or records shall remain on file and
be preserved.
L. 1892, ch. 421.
Disposition of proceeds of sale.
$ 371. All moneys realized by sales under this chapter shall be
paid over to the chamberlain of The City of New York, to the
credit of the general fund of said city.
L. 1892, ch. 421.
CHAPTER IX.
BOROUGH OFFICERS, LOCAL BOARDS AND LOCAL IMPROVEMENTS.
TITLE I. BOROUGH OFFICERS.
2. LOCAL BOARDS.
3. LOCAL IMPROVEMENTS.
TITLE 1.
BOROUGH OFFICERS.
Sec. 382. President; qualifications, term, election, salary.
383. President; powers and duties.
384. President to call meetings of local board.
385. Halls or buildings to be located in each borough,
President; qualifications, term, election, salary.
§ 382. There shall be a president of each borough, who must be
a resident thereof at the time of his election and remain a resident
cessors shall be elected by the electors of the borough at all the
elections whereat the mayors of The City of New York are respec-
tively to be elected. The president shall hold his office for a term
of four years, commencing at noon on the first day of January next
after his election. The salary of the presidents of the boroughs of
Manhattan, of The Bronx and of Brooklyn, respectively, shall be
five thousand dollars a year, and the salary of the presidents of the
horoughs of Queens and of Richmond, respectively, shall be three
thousand dollars a year. A president of a borough may be removed
by the mayor on charges, subject to the approval of the governor of
the State of New York. Any vacancy in the office of president
for the unexpired term by an election to such vacancy made by a
majority vote of all the members of the municipal assembly then in
shall be the duty of the mayor forthwith to call such members in
session for such an election and to preside thereat; but he shall not
vote unless his vote be necessary to decide the election. In case of
196
[SS 382–385
BOROUGH PRESIDENT.
the disability of any president of the borough caused by protracted
illness there shall be elected in the same manner as for a vacancy, a
president of the borough pro tempore, who shall act until the presi-
dent is able to perform the duties of his office.
President; powers and duties.
§ 383. A president of a borough shall, by virtue of his office, be
a member of the local board of every district of local improvements
in his borough, and chairman thereof, entitled to preside at its meet-
ings and to vote as any other member, but he shall not have the
power of veto. He shall have an office in such hall or public build-
ing of the borough as the municipal assembly may by resolution
direct. He shall have power to appoint a secretary and other
assistants and clerks, if provision be made therefor by the board of
estimate and apportionment and the municipal assembly, and,
within the proper appropriation, to fix their salaries. The said
secretary, assistants and clerks shall hold office at the pleasure of
the president.
1
President to call meetings of local board.
§ 384. A president of the borough shall call all meetings of the
various local boards of the borough, and shall give such notice
thereof to the members as the ordinances of the municipal assem-
bly may require. And he shall certify all resolutions, proceedings
and determinations of the local boards of the districts of local
improvements in his borough.
Halls or buildings to be located in each borough.
§ 385. There may be when prescribed by this act a hall or pub-
lic building or buildings in each borough, at which may be sta-
tioned deputies of such of the various administrative departments
of the city government, as may be authorized by the board of pub-
lic improvements, for the greater convenience of the people of the
city in the discharge of the duties thereof, provided such deputies
or divisions shall be in all things as much a part of each department
respectively, and as fully under the head thereof, as if the adminis-
trative force of said department were seated wholly in one building.
SS 390, 391]
197
LOCAL BOARDS.
TITLE 2.
LOCAL BOARDS.
SEC. 390. Districts of local improvements.
391. The local board; how constituted; jurisdiction.
392. Id.; procedure.
393. Id.; powers.
394. Id.; meetings; secretary; quorum.
Districts of local improvements.
§ 390. For the purposes of local improvements the territory of
The City of New York is hereby divided into certain districts of
local improvements. The districts so constituted shall be named
or numbered or otherwise distinguished by the municipal assembly.
As first constituted by this act there shall be twenty-two districts
of local improvements which shall together comprise all of the
territory by this act consolidated into The City of New York.
The territory in each of the senatorial districts of the state of New
York, situated in whole or in part within the limits of The City of
New York, as constituted by this act, as such districts are divided
by the constitution of the state of New York in force January the
first, eighteen hundred and ninety-five, and to the extent that they
are within the limits of said city, and as therein bounded and de-
scribed, shall constitute a separate district of local improvements,
that shall be bounded and described in the same terms as is the
same territory when contained in a senatorial district, as aforesaid.
The municipal assembly shall, whenever necessary, supplement
and complete the description of the boundaries of any district.
For the boundaries of the senatorial districts, included within the limits
of the city of New York, as created by this act, see appendix.
1
The local board; how constituted; jurisdiction.
§ 391. There shall be in each and every district of local improve-
ments a board of local improvements to be known and described
as "the local board,” to be entrusted with the powers by this act
prescribed. The jurisdiction of each local board shall be confined
to the district for which it is constituted, and to those subjects or
matters the costs and expenses whereof are in whole or in part a
charge upon the people or property of the district or a part thereof,
except so far as by this act jurisdiction may otherwise be given
over matters of local administration within such district. Each
local board shall consist of the president of the borough wherein
the district is situated, by virtue of his office, and of each member
198
POWERS OF LOCAL BOARD. [SS 391–393
of the municipal assembly, who is a resident of such local improve-
ment district, by virtue of his office and during his term as such
member. Removal from the district shall vacate their offices as
members of the said local board. The members of a local board
shall serve as such members without compensation. If any pro-
posed local improvement specified in section three hundred and
ninety-three of this act shall embrace the territory or affect the
property of more than one district of local improvements, the mem-
bers of the local boards of all the districts so affected shall, for all
proceedings in the matter of such improvement, constitute the
local board for the purposes thereof, and its proceedings shall in
all respects conform to the provision of this act that regulate the
proceedings of any other local board.
1
Id.; procedure.
$ 392. The action of a local board shall be by resolution, subject
to the procedure governing resolutions passed by the municipal
assembly and conformably thereto save that they need not be sub-
nitted to the mayor of The City of New York for his approval.
Id.; powers.
$ 393. A local board, subject to the restrictions provided by this
act, shall have power in all cases where the cost of the improve-
ment is to be met in whole or in part by assessments upon the
property benefited, to recommend that proceedings be initiated to
open, close, extend, widen, grade, pave, regrade, repave and repair
the streets, avenues and public places, and to construct lateral
sewers within the district; to flag or reflag, curb or recurb the side-
walks, and to relay crosswalks on such streets and avenues; to set
or to reset street lamps; and to provide signs designating the names
of the streets. A local board shall have power to hear complaints
of nuisances in streets or avenues, or against disorderly houses,
drinking saloons conducted without observance of the licenses
therefor, gambling houses or any other places or congregations
violative of good order or of the laws of this state, or other matters
or things concerning the peace, comfort, order and good govern-
ment respecting any neighborhood within the district, or concern-
ing the condition of the poor within the district, and to pass such
resolutions concerning the same as may not be inconsistent with
the powers of the municipal assembly or of the respective adminis-
trative departments of The City of New York, and to aid such
niunicipal assembly and departments in the discharge of their duties
respecting the good government of the said district.
SS 394-401]
199
LOCAL IMPROVEMENTS. .
Id.; meetings; secretary; quorum.
$ 394. Meetings of each local board shall be held at the main hall
or public building of the borough. It shall be the duty of the presi-
dent to call such meetings whenever in his opinion the public busi-
ness shall require, or whenever he shall receive the written request
of any three members of a local board. The secretary of the
president of the borough shall act as the secretary of each local
board, in the borough, without additional compensation. He shall
keep a record of all resolutions, proceedings and determinations of
each local board, and shall file the same in the office of the presi-
dent of the borough, and he shall discharge such other duties as
may be prescribed by this act, or by the municipal assembly, or by
the president of the borough, or by a local board. The president
of a local board and one other member thereof shall constitute a
quorum for the transaction of business at any meeting duly called.
TITLE 3.
LOCAL IMPROVEMENTS.
Sec. 400. President; duty on receipt of petition.
401. Local board; proceedings after petition.
402. Id.; to transmit resolution; further procedure; expenses to be
a lien.
403. Local boards; power to flag sidewalks, etc.
404. Construction of this title.
President; duty on receipt of petition.
§ 400. When a petition for a local improvement within the juris-
diction of a local board has been received by the president of the
borough, it shall be his duty to appoint a time for a meeting of the
proper local board, not more than fifteen days thereafter, at which
meeting such petition will by him be submitted to the said local
board, and he shall thereupon cause a notice to be published in the
** City Record,” that such petition has been presented to him and is
on file in his office for inspection, and of the time when and of the
place where there will be a meeting of the local board at which such
petition will be submitted by him, to said board, which time shall
not be less than ten days after the publication of the notice.
Local board; proceedings after petition.
§ 401. The local board, after the submission of such petition and
consideration of the same, may then, as the petition shall •ask,
recommend that proceedings be initiated to open, to close, to extend,
200
[SS 401-404
LOCAL IMPROVEMENTS.
to widen, to regulate, to grade, to curb, to gutter, to flag, and to pave
streets, to lay crosswalks, and to construct lateral sewers within its
district, and generally for such other improvements in and about
such streets within its district as the public wants and convenience
of the district shall require.
Id.; to transmit resolution ; further procedure; expenses to be a lien.
§ 402. If the local board shall by resolution decide to recommend
that proceedings be initiated for a local improvement within its
jurisdiction, it shall thereupon, forthwith, transmit a copy of such
resolution to the board of public improvements. Said board shall
promptly consider such resolution, and if, in its opinion, the work
proposed ought to be proceeded with, it shall take such steps in
regard thereto as are in this act provided in the cases where public
works are proposed and initiated by said board of public improve-
ments. The expense of all such improvements shall be assessed and
be a lien on the property benefited thereby in proportion to the
amount of said benefit, and in no case shall extend beyond the
limits of said district.
Local boards; power to flag sidewalks, etc.
§ 403. A local board shall have the power to cause the flagging
or reflagging of sidewalks, laying or relaying of crosswalks, fencing
vacant lots, digging down lots or filling in sunken lots within its
district, by resolution approved by the board of public improve-
ments. When such public work or improvement shall have been
duly authorized, the board of public improvements shall direct the
proper department to proceed forthwith in the execution thereof,
as in cases where public works are proposed and initiated by said
board of public improvements.
Construction of this title.
§ 404. Nothing in this title contained shall be construed to in
any way limit the power of the board of public improvements of
of the municipal assembly, or of the board of public improvements
and the municipal assembly conjointly, in authorizing any public
improvement, nor shall anything herein contained be construed to
authorize any local board to incur any expenditures other than as
authorized by the board of estimate and apportionment.
CHAPTER X.
THE BOARD OF PUBLIC IMPROVEMENTS.
TITLE I. BOARD OF PUBLIC IMPROVEMENTS.
2. MAP OR PLAN OF THE CITY OF NEW YORK; MAP OF
SEWER SYSTEM AND SEWER DISTRICTS.
3. GENERAL PROVISIONS RELATING TO DEPARTMENTS.
4. DEPARTMENT OF WATER SUPPLY.
5. DEPARTMENT OF HIGHWAYS.
6. DEPARTMENT OF STREET CLEANING.
7. DEPARTMENT OF SEWERS.
8. DEPARTMENT OF PUBLIC BUILDINGS, LIGHTING AND
SUPPLIES.
9. DEPARTMENT OF BRIDGES.
TITLE I.
BOARD OF PUBLIC IMPROVEMENTS.
SEC. 410. Board of public improvements; how constituted.
411. Id.; president; salary; powers.
412. Id.; secretary; office; meetings; quorum, etc.
413. Authorizing public improvements.
414. Municipal assenbly; restriction on powers of.
415. Board of public improvements; power with respect to certain
subjects.
416. Id.; to prepare ordinances, etc.
417. Public improvement; further procedure.
418. Board of public improvements; power to prescribe rules, etc.
419. Contracts for work or supplies.
420. Proposals to be advertised; deposit to accompany bid.
421. Certificate of completion to be filed.
422. Power to assess for local improvements.
423. Comptroller to pay contractors.
424. Municipal assembly; further restrictions.
425. Board of public improvements; further powers.
426. Board of public improvements; general powers.
board of public improvements; how constituted.
. $410. There shall be in The City of New York a board of public
mprovements, to consist of the president of said board, the mayor,
202
(S$ 410-412
PRESIDENT AND SECRETARY.
the corporation counsel, the comptroller, the commissioner of water
supply, the commissioner of highways, the commissioner of street
cleaning, the commissioner of sewers, the commissioner of public
Luildings, lighting and supplies, the commissioner of bridges, and
the presidents of the several boroughs, by virtue of their respective
offices. The mayor, the corporation counsel, the comptroller, and
the presidents of the several boroughs shall not be counted as mem-
bers of the board for the purpose of ascertaining if a quorum be
present. No president of a borough shall have a vote in said board
except upon matters relating exclusively to the borough of which he
is president.
Id.; president; salary; powers.
§ 411. The president of the board of public improvements shall
be appointed by the mayor and hold his office, as provided in
chapter four of this act. His salary shall be eight thousand dollars
a year. He shall be a member of the board of revision of assess-
inents. The said president shall have power to designate one of the
members of said board as vice-president. The president, or in his
absence, the vice-president, shall preside at all meetings of said
board, shall certify all proceedings thereof, except as otherwise pro-
vided, and shall cause all reports required by said board to be made
from the departments without delay. The president shall have
power, in all cases of difference in the said board concerning the
of the departments for execution; and in case there shall arise any
disagreement between the different departments represented on
said board, other than the department of finance and the law depart-
ment, or between contractors respectively undertaking work pur-
suant to contracts let by the different departments, the president
shall decide such matter and his decision shall be final until and
unless such decision shall be reversed by the board of public
improvements. In case of the inability of the president to decide
any of such matters by reason of sickness, or absence from the city,
for a period not less than three days, the mayor shall have power to
decide the same. The president shall have the power to vote, but
his approval shall not be necessary for the validity of any resolution
of the said board.
Id. ; secretary; office; meetings; quorum, etc.
and remove a secretary of the board and such other clerks as may
be necessary. The secretary shall attend its meetings, keep and
$$ 412, 413] AUTHORIZING PUBLIC WORKS.
203
preserve a record of its proceedings, and perform such other clerical
duties as the board or the president may from time to time direct.
The salary of the secretary and of all clerks, within the proper
appropriation, shall be fixed and regulated by said board. The
municipal assembly shall make provision for an office and a meet-
ing-room, in the borough of Manhattan, for said board of public
improvements. The said board shall meet, once a week at least,
for the consideration of public business, and the president of the
board may call meetings of the said board whenever he may deem
it necessary. A majority of the members of the board who, as here-
tofore provided, are to be counted for the purpose of ascertaining
if a quorum be present, shall form a quorum for the transaction of
business, but final action shall not be had in any matter specially
concerning the department of any commissioner not in attendance,
unless such matter has theretofore been made a special order of the
day. The said board shall from time to time furnish to the munici-
pal assembly such information and data as may be required of it,
or as it may deem proper or necessary to impart, and shall make an
annual report to the mayor.
TYY
Authorizing public improvements.
$ 413. Except as herein otherwise provided, any public work or
improvement within the cognizance and control of any one or more
of the departments of the commissioners who constitute the board
of public improvements, that may be the subject of a contract,
miust first be duly authorized and approved by a resolution of the
board of public improvements and an ordinance or resolution of
the municipal assembly. But no public work or improvement,
involving an assessment for benefit, shall be so authorized until
there has been presented to the board of public improvments an
estimate in writing, in such detail as the board may direct, of the
cost of the proposed work or improvement, and a statement of the
assessed value, according to the last preceding tax-roll, of the real
estate included within the probable area of assessment. Any ordi-
nance or resolution of the municipal assembly approving any public
work or improvement shall be subject to the power of the mayor
over resolutions or ordinances of the municipal assembly, which
ordinance or resolution, together with a statement of the final dispo-
sition thereof, duly certified by the city clerk, shall be transmitted
to the board of public improvements. When a public work or
improvement shall have been duly authorized, as aforesaid, then,
but not until then, it shall be lawful for the proper department to
proceed in the execution thereof, in accordance with the provisions
204
GENERAL POWER OF BOARD. [S$ 413-415
and subject to the limitations of this act. Nothing herein con-
tained shall be construed as conferring on the board of public
improvements any of the exclusive powers vested by law in any of
the said commissioners in his department concerning the details of
any work or improvement.
Municipal assembly; restriction on powers of.
§ 414. It shall not be lawful for the municipal assembly to enter
directly into contract for any public work or improvement what-
soever. When proposals to enter upon public work of any char-
acter falling within the jurisdiction of the various departments
represented in the board of public improvements originate in the
municipal assembly, before an ordinance or resolution authorizing
the same or providing money therefor shall be adopted, a report
must be had from the board of public improvements as to the desira-
bility thereof. Said board shall report in as much detail as possible,
and shall submit an approximate, and, whenever practicable,
a detailed estimate of cost. If the report of the board of public
improvements be favorable to the project, an ordinance or resolu-
tion authorizing the same may be passed in the usual manner; but,
if the report of the board of public improvements be unfavorable,
an ordinance or resolution authorizing the project shall be passed
only by a vote of five-sixths of both houses of the municipal assem-
bly, and be approved by the mayor.
Board of public improvements; power with respect to certain subjects.
$ 415. The board of public improvements shall have power over
the following subjects:
1. The adoption of a map or plan for any part of The City of New
York for which no final map or plan has been adopted.
2. Acquiring title for the use of the public to land required for
parks, streets, approaches to bridges and tunnels, sites or lands
above or under water for bridges or tunnels.
3. Acquiring title for the use of the public to lands or easements
therein, required for sewers, as provided in title seven of this
chapter.
4. The approval of plans for the sewerage and drainage of in
City of New York, devised and prepared by the president of s
board and the commissioner of sewers.
5. The construction, repairing and cleansing of sewers and undel
ground drains.
6. Repairs and renewal of pavements and readjusting the grade
of streets in connection therewith.
VU
$$ 415,416] TO RECOMMEND ORDINANCES.
205
7. Water rents, superintendence of water supply of private water
companies, contracts for water supply with private companies or
other municipalities.
8. Any public work for which the money has been provided either
in the tax levy or by the issue of bonds. But in the ordinance
authorizing the issue of bonds for the repaving of streets, the muni-
cipal assembly may designate the borough or boroughs in which the
money obtained from the sale of such bonds shall be expended.
See L. 1882, ch. 410, $8 315-384.
Id.; to prepare ordinances, etc.
$ 416. It shall be the duty of the board of public improvements
to prepare and to recommend to the municipal assembly all ordi-
nances and resolutions regulating the following matters:
1. The laying of water pipes and the making of all attachments
thereto, and also the extending, constructing and repairing of the
water works.
2. The regulating, grading, curbing, guttering, flagging and
paving of streets, the laying of crosswalks, the constructing, recon-
structing and repairing of streets and the making of all excavations
therein for public purposes, and also prescribing the width of side-
walks, and regulating the manner of constructing and laying the
same.
3. Encroachments upon and obstructions in the city streets, and
authorizing and requiring their removal.
4. The use of the streets and sidewalks for signs, sign-posts,
awnings, awning-posts, horse-troughs, urinals, telegraph-posts and -
other purposes.
5. The exhibition of advertisements or handbills along the streets.
16. The construction, repair and use of vaults, cisterns, areas,
hydrants and pumps.
7. The construction and repair of public markets.
8. The preservation and protection of all or any of the works
connected with the supplying of The City of New York with pure
and wholesome water.
9. The cleaning and sprinkling of streets, and the using of streets
Id sidewalks in building operations, and for all other temporary
or business purposes.
10. The laying of gas pipes and electric wires underground, steam
ies, pneumatic tubes and the like, and the lighting of all public
toughfares, places, bridges and buildings, the inspecting and
wling of gas or electricity employed for light, heating and power,
f
206
ENACTMENT OF ORDINANCES, CS$ 416, 417
gas-meters, electric-meters, electric wires, the use and transmission
of electricity for all purposes in, upon, across, over and under all
streets and public buildings, and the opening of street surfaces for
the business of manufacturing, using and selling electricity, gas,
steam, or for the surface of pneumatic tubes.
II. The erecting, extending and repairing of public buildings,
other than schoolhouses, almshouses, penitentiaries, and the police
and fire station-houses.
12. The rates of fare on the railroad of the New York and Brook-
lyn Bridge, and upon the roadways thereof, and upon any other
bridge or bridges and the roadways thereof, where a fare is, or may
be authorized by law, and for the safety of travel upon any and all
of the bridges within the territory of the city and not included within
any of the public parks thereof.
13. The making of all contracts for public works or supplies, and
agreements in relation thereto by which the city shall be liable to
pay money; and such ordinances among other matters must pro-
vide, that the award, if any, must be made to the lowest bidder,
unless the board of public improvements, by the vote of a majority
of its members, of whom the mayor and the comptroller shall be
two, shall determine that it is for the public interest that a
bid other than the lowest should be accepted, and that no con-
tract shall be made until the comptroller certifies thereon that
the necessary funds are provided and applicable thereto.
See L. 1882, ch. 410, $$ 315-384. See also $ 49, ante.
Public improvement; further procedure.
§ 417. All proposed city ordinances regulating the public work
specified in section four hundred and sixteen of this act must from
time to time be adopted or prepared by said board of public
iniprovements, and when approved by said board, such proposed
ordinances duly certified shall be submitted to the municipal assem-
bly. And the municipal assembly shall, without power of amend-
ment, take such ordinance or ordinances into consideration, and
shall either enact or reject the same, and if rejected, it or they shall
be returned to the board of public improvements for further com-
sideration. So far as may be possible in the first instance, and so
far as the public business may permit, the ordinances regulating the
matters provided for in section four hundred and sixteen of this
act shall be submitted to the municipal assembly so as to afford
entire rule of municipal action upon each of the different subjects w
said section described and specified.
$$ 418, 419] CONTRACTS FOR WORK OR SUPPLIES.
207
Board of public improvements;-power to prescribe rules, etc.
§ 418. The board of public improvements may prescribe rules,
regulations or plans for the regulating, grading, paving, curbing
and guttering of streets, avenues, roads and public places other than
parks, and for the laying of crosswalks and sidewalks throughout
the city.
Contracts for work or supplies.
$ 419. All contracts to be made or let for work to be done or sup-
plies to be furnished, except as in this act otherwise provided, and
all sales of personal property in the custody of the several depart-
ments or bureaus, shall be made by the appropriate heads of depart-
ments under such regulations as shall be established by ordinance
or resolution of the municipal assembly. Whenever any work is
necessary to be done to complete or perfect a particular job, or any
supply is needful for any particular purpose, which work and job
is to be undertaken or supply furnished for The City of New York,
and the several parts of the said work or supply shall, together,
involve the expenditure of more than one thousand dollars, the same
shall be by contract, under such regulations concerning it as shall be
established by ordinance or resolution of the municipal assembly,
excepting such works now in progress as are authorized by law
or ordinance to be done otherwise than by contract and, unless
otherwise ordered by a vote of three-fourths of the members elected
to the municipal assembly; and all contracts shall be entered into by
the appropriate heads of departments, and shall, except as herein
otherwise provided, be founded on sealed bids or proposals, made
in compliance with public notices, duly advertised in the “City
Record,” and the corporation newspapers, said notice to be pub-
lished at least ten days; if. the head of a department shall not deem
it for the interest of the city to reject all bids, he shall, without the
consent or approval of any other department or officer of the city
government, award the contract to the lowest bidder, unless the
board of public improvements by the vote of a majority of its mem-
bers, of whom the mayor and the comptroller shall be two, shall
determine that it is for the public interest that a bid other than the
lowest should be accepted; the terms of such contract shall be set-
tled by the corporation counsel as an act of preliminary specification
to the bid or proposal. The bidder whose bid is accepted shall give
security for the faithful performance of his contract in the manner
prescribed and required by ordinance; and the adequacy and suf-
nciency of this security shall, in addition to the justification and
acknowledgment, be approved by the comptroller. All bids or
208 CONTRACTS FOR WORK OR SUPPLIES. [8 419
proposals shall be publicly opened by the officer or officers adver-
tising for the same and in the presence of the comptroller, but the
opening of the bids shall not be postponed if the comptroller shall,
after due notice, fail to attend. If the lowest bidder shall neglect
or refuse to accept the contract within five days after written notice
that the same has been awarded to his bid or proposal, or if he
accepts but does not execute the contract and give the proper
security, it shall be readvertised and relet as above provided. In
case any work shall be abandoned by any contractor, it shall be read-
vertised and relet by the head of the appropriate department in the
manner in this section provided. No bid shall be accepted from, or
contract awarded to, any person who is in arrears to The City of
New York upon debt or contract, or who is a defaulter, as surety
or otherwise, upon any obligation to the city. Every contract, .
when made and entered into, as before provided for, shall be exe-
cuted in duplicate, and shall be filed in the department of finance;
together with a copy of the resolution or ordinance of the niunicipal
assembly, or of the resolution of the board of public improvements,
or copies of both, as the case may be, authorizing said work; such
copies shall be so filed within five days after the contract shall have
been duly executed by the contractor; a receipt for each payment,
made on account of, or in satisfaction of the same, shall be endorsed
on the said contract by the party receiving the warrant, which war-
rant shall be only given to the person interested in such contract,
or his authorized representative. No expenditure for work or sup-
plies involving an amount for which no contract is required shall
be made, except the necessity therefor be certified to by the
head of the appropriate department, and the expenditure has
been duly authorized and appropriated.
| L. 1882, ch. 410, 8 64. L. 1893, ch. 327.
(a) PROPOSALS AND AWARDS. This
provision requiring any work un-
dertaken for the city, involving an
expenditure of over $1,000, to be let
by contract in the manner speci-
fied, was intended as a general rule
governing the action of all officers
and departments of the city gov-
ernment. Matter of Blodgett, 91
N. Y. 117. See, as to contracts of
department of charities and correc-
tion, Lawrence v. The Mayor, 54
The Mayor, 54
How. Pr. 255.
(6) Continuous work cannot be
divided into parts costing less than
$1,000, and thus taken out of the
aken out of the
prohibition of this section. Ellis v.
The Mayor, 1 Daly, 102.
(c) The intent of the provision
requiring contracts to be founded
on sealed proposals and given to
the lowest bidders, was to require
the submission of every important
item of a contemplated work.
Matter of Merriam, 84 N. Y. 596.
(d) An award of a contract to do
work in a different way from thay
contemplated by the notice inviting
proposals, is invalid. People ex
rel. Trundy V. Van Nort, 65 Bardo
331.
(e) The fixing of a price for å
portion of the work in the adver.
tisement for proposals, constitute
a. violation of this provision, whic
renders an assessment for that por
$ 419]
20g
CONTRACTS FOR WORK OR SUPPLIES.
tion of the work void Matter of
Mahan, 20 Hun, 301; affi'd 81 N. Y.
621; Matter of Manhattan Savings
Inst., 82 Id. 142; Matter of Merriam,
84 Id. 596; Matter of Metropolitan
Gas-Light Co., S5 Id. 526; Matter of
Pelton, Id. 651; Matter of Vanden-
heuvel, 22 Hun, 614; Matter of
Steinle, Id. 615; Matter of Mauger,
23 Id. 658; Matter of Paine, 26 Id.
431; affi'd 89 N. Y. 605; Matter of
Rosenbaum, 53 Hun, 478.
But see Matter of Blodgett, 27
Hun, 12. This case was reversed,
89 N. Y. 392, on other grounds, not
affecting this point.
(f) A proposal, however, for bids
which required a statement of the
price for rock excavation, and
stated that one-fourth of that price
would be allowed for earth excava-
tion, held not in violation of this
section as fixing a price. Matter of
Marsh, 83 N. Y. 431; affi'g 21 Hun,
582.
(g) A contract is not void in the
absence of fraud, because it re-
serves to the officer of the city
making the same the right to in-
crease or diminish any item of the
· work. Matter of Merriam, 84 N. Y.
596.
(h) A contract required to be
made by statute in accordance with
advertised specifications, stated the
quality of the materials required,
but not the quantity, held void, be-
cause for lack of specification of
quantity, there could be no real
competitive bidding. Bigler v. The
Mayor, 5 Abb. N. C. 51.
. (i) No officer of the city govern-
ment has power to dispense with
any requirement of the ordinances
of the common council, made pur-
suant to this section. Smith v.
The Mayor, 10 N. Y. 504.
() A contract haviug been
awarded upon certain proposals
and specifications, no officer has
any authority to change its pro- :
Fisions, and an illegal modification
by an officer of the corporation will
Stve no claim for compensation for
performance of the contract as
thus modified. Bonesteel v. City of
New York, 22 N. Y. 162.
(k) Where the officers of a city
are prohibited from contracting on
without a compliance with the re-
quirements of the charter, nor can
the city be held under any implied
liability for the value of materials
furnished under the contract. Mc-
Donald v. The Mayor, 68 N. Y. 23;
affi'g 4 Sup. Ct. (T. & C.) 177; limit-
ing Nelson v. The Same, 63 N. Y.
535; distinguished in People v. Den-
ison, 19 Hun, 137, 149; affi'd 80 N.
Y. 656; Bigler v. The Mayor, 5 Abb.
N. C. 51, 70.
(1) Where the work of a local im-
provement is done by day's work
and not let by contract as required
by this section, an assessment
therefor is void. Matter of Emi-
grant Industrial Savings Bk., 75 N.
Y. 388; Matter of Robbins, 82 Id.
131; Matter of Weil, 83 Id. 543;
Matter of Lange, 85 Id. 307; Matter
of Manhattan R. R. Co., 102 Id. 301;
Matter of Academy of Sacred
Heart, 3 N. Y. State Rep. 307.
(m) The confirmation of an as-
sessment for work based upon an
illegal contract does not give it val-
idity against the corporation.
Brady v. The Mayor, 20 N. Y. 312.
BIDS. (12) The mere fact that a
party who has made proposals for
public work in the city of New
York is the lowest bidder, and
knows that fact, does not neces-
sarily entitle him to the contract,
and does not constitute an award
to him of such contract within the
meaning of the law regulating the
letting of work upon competitive
bids. Erving v. The Mayor, 131 N.
Y.133; S.C., 42 N. Y. State Rep. 707;
affi'g Id. 2; S. C., 16 N. Y. Supp. 612.
(o) The provision of this section
relating to contracts by the city
does not compel the making of a
contract by the city authorities
with the lowest bidder, but they
may, acting in good faith, reject all
the bids, if they deem it for the
best interest of the city, and re-
advertise for new bids. · Walsh v.
The Mayor, 113 N. Y. 142; s. C., 22
N. Y. State Rep. 308; aff'g 55 N. Y.
Super. Ct. (J. & S.), 535. See on
this question generally, People ex
rel. McKown v. Green, 50 How. Pr.
503; People ex rel. Bullard v. Con-
tracting Board, 33 N. Y. 382; Peo-
ple ex rel. Beldon v. Same, 27 Id.
278; People ex rel. Dinsmore v.
Croton Aqueduct Bd., 6 Abb. Pr.
42; s. C., 26 Barb. 240; People ex
rel. Lynch v. Alderman, 11 Abb. Pr.
us behalf, save in cases and in a
manner provided, the city is
ither liable upon a contract made
an officer in violation of, or
meit
T
14
210
[S 419
CONTRACTS FOR WORK OR SUPPLIES.
.
289; People ex rel. West v. Smith,
12 Id 133.
(p). See the provisions of this
section giving the Board of Public
Improvements the power to award
a contract to one other than the
lowest bidder upon a majority vote
of its members, of whom the
mayor and comptroller shall be
two.
(q) The municipal authorities, in
determining who is the lowest bid
der, act judicially. Gas-Light Co.
v. Donnelly, 93 N. Y. 557; Mills v.
City of Brooklyn, 32 Id. 489; Wil-
son v. The Mayor, 1 Denio, 595;
Erving v. The Mayor, 131 N. Y.
133; S. C., 42 N. Y. State Rep. 707.
The term judicial as used in this
connection explained in Gleason v.
The Peerless Mfg. Co., 1 App. Div.
257; S. C., 72 N. Y. State Rep. 592;
37 N. Y. Supp. 267.
(r) Under this section requiring
contracts to be founded on sealed
bids, and such contracts to be
given to the lowest bidders, the
city officers cannot test the bids by
a comparison which omits a sub-
stantial part of the work to be con-
tracted for, and a contract awarded
upon such a test of bids is void.
Brady v. The Mayor, 30 N. Y. 312;
S. C., 18 How. Pr. 343; affi'g 2 Bosw.
173; s. C., 7 Abb. Pr. 234; 16 How.
Pr. 432; Appleby v. The Mayor, 15
How. Pr. 428.
(s) Under this section requiring
contracts to be awarded to the low-
est bidder, it is improper to con-
sider estimated quantities of the
work to be done as factors in de-
termining who is the lowest bid-
der. Reilly v. The Mayor, 54 N. Y.
Super. Ct. (J. & S.), 468.
(t) A bid offered and accepted on
contingency is fraudulent and void.
Matter of Raymond, 21 Hun, 229;
affi'd 85 N. Y. 646.
(u) The acceptance of the lowest
bid for lighting gas in the city is
not irregular because the bid was
made upon condition that the bid-
der have sufficient time allowed to
connect its gas pipes with the dis-
trict to be lighted. Zollikoffer v.
Havemeyer, 2 Hun, 300; S. C., 4 Sup.
Ct. (T. & C:) 478.
(v) The duty of the head of the
department to award the contract
to the lowest bidder imposes a
judicial duty, for the erroneous or
even corrupt performance of which
he cannot be held responsible in a.
civil action brought by the party
aggrieved. East River Gas-Light.
Co v. Donnelly, 25 Hun 614; affi'd
in 93 N. Y. 557.
SECURITY. (w) Where a city
charter required security to be
given by a bidder for public im-
provements, but there is no pro-
vision as to the amount of the
bond, or as to its form, or whether
it was to be furnished with the bid
or after its acceptance, regulation
of such matter is left to the offi-
· cers who are to receive the bid.
Selpho v. City of Brooklyn, 5 App.
Div. 529; S. C., 39. N. Y. Supp. 520.
(x) A city may lawfully require
of a contractor, in addition to the
usual bond for due performance, a
bond conditioned for the payment
of materialmen and workmen, so
as to avoid the filing of liens
against the fund to become clue
from the city. Buffalo Cement Co.
v. McNaughton, 90 Hun, 74; S. Con
69 N. Y. State Rep. 846; 35 N. 1.
Supp. 453.
CONTRACTS NOT REQUIRED TO BE
LET ON BIDS. (V) Whenever the
nature of the service, or the prop.'
erty needed, or the time within
which it must be had, is impossi-
ble under competitive offers, as.
e. g., work done under a patent,
fireworks, gas, then the provisions:
of this section requiring compe:
tition become inapplicable, as not
within the intention of the seco
tion. Matter of Dugro, 50 N. Y.
513; Harlem Gas-Light Co. v. The
Mayor, 33 Id. 309; People ex rel.
Trundy v. Van Nort, 65 Barb. 331;
Detwiller v. The Mayor, 1 Sup. .
(T. & C.), 659.
(s) The provision requiring let-
ting by contract after advertise.
ment to the lowest bidder does not
apply to a contract for service con-
tinuous in its character, but tei
nable at the pleasure of the end
ployer, and which does not ne
sarily involve an expenditure of
more than $1,000. Swift 1 10
Mayor, 83 N. Y. 528; rev'g 17 Hun,
518.
(aa) The renting of rooms to
the use of the city is not within
this section requiring lett,
contract to the lowest bidder
Davis v. The Mayor, 83 N,"
rev'g 45 N. Y. Super. Ct. We
373.
termi-
$ 419]
211
CONTRACTS FOR WORK OR SUPPLIES.
(bb) The ‘hiring of a dock by the complete or perfect a particular
city for the purpose of removing job does not include work form-
offal is not a transaction requiring ing part of a job which, in a con-
a contract founded on sealed bids tract for the residue of the job,
and given to the lowest bidder. appears to have been intentionally
Farmers' Loan & Trust Co. v. The excluded, to be let in the future or
Mayor, 4 Bosw. 80.
to be otherwise done. People v.
(cc) That this section does not The Mayor, 32 Barb. 35; S. C., 10
apply to a contract for carriage Abb. Pr. 144; 19 How. Pr. 155.
hire of aldermen while engaged in CERTIFICATE OF NECESSITY FOR
public duties, see Smith 7. The CONTRACTS UNDER $1,000. (ii) The
Mayor, 20 How. Pr. 1:
head of the appropriate depart-
(dd) Services requiring such sci ment is the judge of the necessity
entific knowledge and professional for work and supplies involving the
skill as those of a surveyor in the expenditure of an amount for
making of a survey or map of the which no contract is required to be
harves and piers of the city are made under this section, and his
not included within work to be certificate is as between the con-
done under contract to be made tractor and the city conclusive,
upon notice to the lowest bilder where there is no allegation of
People ex rel. Smith v. Flagg, 5 fraud or collusion, and where the
Abb. Pr. 232; rev'd on another facts certified indicate that the
point, 17 N. Y. 584.
necessity was a possible incident of
lee) The provision requiring con- the work. Brady v. The Mayor, 112
tract to the lowest bidder does not N. Y. 480; rev'g 55 N. Y. Super. Ct.
apply when the thing to be fur (J. & S) 45.
nished involves scientific results at (jj) A contract entered into by
tained by mental and corporeal the officers of the city for labor
labor, the advantage of which de- and material in repairing the
pends on tests. People ex rel. streets of the city, without a cer-
Navarro v. Van Nort, 64 Barb. 205. tificate of the necessity of the ex-
(ff) The city may be enjoined on penditure therefor, by the head of
suit by an individual owner from the appropriate department, is a
entering into a contract to lay a nullity, and the city is not liable
payment which is patented, and thereunder. Donovan v. The
Therefore not open to competition, Mayor, 33 N. Y. 291, and cases
Where the work is to be done at cited; rev'g 44 Barb. 180; S. C., 19
the expense of the individual own- Abb. Pr. 58.
ors of property upon the street. (kk) Professional services ren-
Dolan v. The Mayor, 4 Abb. Pr. dered by counsel employed by
M. S.) 397; affi'd without opinion counsel to the corporation are not
in 67 N. Y. 609.
'included within this section requir-
POWER OF COMMON COUNCIL TO ing a certificate by the head of the
SPENSE WITH CONTRACTS. , (gg) appropriate department as to the
he power of The municipal assem necessity of expenditures for which
y by a three-fourths vote, to no contract is required. Smith v.
uspense with a contract is a dis The Mayor, 5 Hun 237.
suonary power to be exercised WHEN CITY ESTOPPED FROM AL-
ach particular case, and cannot LEGING IRREGULARITIES. · (11) Al-
he delegated. Matter of Pet. of though a municipal corporation
l?grant Ind. Sav. Bk., 75 N. Y. may set up as a defense to an ac-
.. Matter of the Trustees of tion upon a contract alleged to
lesbytery of N. Y., 9 Daly 115; have been made by it, its own want
Coy 57 How. Pr. 500; affi'd, 80 of power to contract; yet as
:: 642; Phelps v. The Mayor, 112 against those innocently dealing
- 216; S.C., 20 N. Y. State with it, and in good faith parting
38. See Haughwout v. the with property, and expending
Keyes 419; S. C., 2 Abb. Ct. money for its benefit, it may be
estopped from availing itself of ir-
ICATION OF CLAUSE RELATING regularities in the exercise of
RK TO COMPLETE A PARTICU power conferred. Moore V. The
JOB. (hh) The clause relating Mayor, 73 N. Y. 238; rev'g 4 Hun
k necessary to be done to 545.
N. Y, 216; S.
Rep, 238. See
App. Dec. 344.
APPLICATION
TO WORK TO
LAR JOB. In
to work neces
212
PROPOSALS FOR SUPPLIES OR WORK. [SS 419, 420
(mm) It seems that where the city
has obtained materials without au-
thority under a void contract, and
has used the same and obtained
the value thereof from the property
by means of assessments, it is lia-
ble for the actual value of the prop-
erty or what it obtained therefor;
it will, however, not in such case
be concluded by the contract price.
Nelson v. The Mayor, 63 N. Y. 535;
rev’g 5 Hun, 190; limited in MC-
Donald v. The Mayor, 68 N. Y. 23.
See Palladino v. the same, 56 Hun
565.
(rin) Acts of the general body of
a municipal corporation within
their general powers, which are
published, represented and held out
as valid, with invitations io indi-
viduals to enter into engagements
and expend money and labor on
the faith of them, may be assumed
by those dealing with the munici-
pal authorities to be as repre-
sented; and the corporation, hav-
ing received the fruits of contracts
entered into on the faith of such
representations, will be estopped
from alleging a mere irregularity
not of the substance of the power,
or jurisdictional in its character, to
avoid them. Moore v. The Mayor,
73 N. Y. 238; rev'g 4 Hun 545. See
Brady v. The Mayor, 20 N. Y. 312,
at p. 319.
(00) The legislature has power to
ratify a contract entered into by
the city for a public purpose which
is ultra vires because of absence of
power, or that essential requisites
to its exercise have been disre-'
garded, and when so ratified, the
contract is valid. Brown v. The
Mayor, 63 N. Y. 239; rev'g 1 Hun
30; S. C., 3 Sup. Ct. (T. & C.) 155;
S. C., 3 Hun 685; ( SupCt. (T. A
C.) 164; Matter of Cullen, 53 Hun
534; S. C., 6 N. Y. Supp. 625. See
Matter of Van Antwerp, 56 N. Y.
261; Lang v. Kiendl, 27 Hun 66.
WHEN MANDAMUS LIES. (pp)
Mandamias lies to compel the comp.
troller to pass upon sufficiency of
sureties on bond offered by con-
tractor for performance of con-
tract, despite comptroller's objec-
tion to validity of assessments for
the work to be done under the con-
tract. People ex rel. McKown v.
Green, 50 How. Pr. 500; affi'd in 64
N. Y. 656. See Same v. Same, 11
Hun 56.
(99) If a contractor is absolutely
entitled to a contract bid for by
him, then the court is not bound
to grant mandamus to compel the
execution by a city officer of the
contract to him, as he has a suffi-
cient remedy at law for refusal to
award it. People ex rel. Dowdney
v. Thompson, 99 N. Y. 641.
INJUNCTION TO RESTRAIN EXECU-
TION OF ILLEGAL CONTRACTS. (rr)
The municipal authorities may be
enjoined from expenditures to be
raised by taxation, in a manner
contrary to an express law, and
the suit need not be instituted by
the attorney-general, but may be
prosecuted by a taxpayer. De
Baun v. The Mayor, 16 Barb. 392.
(ss) Although a resolution of the
common council contrary to this
section cannot be restrained by in-
junction, being a legislative act,
yet after the resolution is passed
an injunction may issue to prevent
the resolution from being carried
into effect. People v. The Mayor,
32 Barb. 35.
(tt) See note on municipal coll
tracts, 5 Abb. N. C. 41, and on com
tracts for “ city purposes,” Id. 467;
Green v. The Mayor, 60 N. Y. 30%,
rev'g 1 Hun 30; Ellis v. The Same,
1 Daly 102; Palladino v. The same,
56 Hun 565.
Proposals to be advertised; deposit to accompany bid.
$ 420. Whenever proposals for furnishing supplies or doing work
are invited by advertisement by any department or officer, suc
department or officer is authorized and directed to require, as a co
dition precedent to the reception or consideration of any proposal
the deposit with such department or officer of a certified check upon
one of the state or national banks of the said city, drawn to th
order of the comptroller, or of money; such checks or money"
accompany the proposal, to an amount not less than three nor more
$$ 420, 421]
213
CERTIFICATE OF COMPLETION.
than five per centum of the bond required by the department or
officer for the faithful performance of the work proposed to be done
or supplies to be furnished. Within three days after the decision
as to whom the contract is to be awarded, the comptroller shall return
all the deposits made to the persons making the same, except the
deposit made by the bidder whose bid has been accepted; and if
the said bidder whose bid has been accepted shall refuse or neglect,
within five days after due notice that the contract has been awarded,
to execute the same, the amount of deposit made by him shall be
forfeited to and retained by the said city as liquidated damages for
such neglect or refusal, and shall be paid into the sinking fund of
the city, but if the said bidder shall execute the contract within the
time aforesaid the amount of his deposit shall be returned to him.
| L. 1882, ch. 410, $ 65.
O
(a) Under the provisions of this
section the forfeiture of a deposit
by a bidder on a city contract can-
not be enforced until he has had
written notice that the contract
has been awarded to him. Erving
v. The Mayor, 131 N. Y. 133; s. C., 42
N. Y. State Rep. 707; affi'g Id. 2;
S. C., 16 N. Y. Supp. 612.
Certificate of completion to be filed.
$ 421. It shall be the duty of each of the commissioners men-
tioned in section four hundred and ten, of this act, having in charge
any work, within five days after the acceptance of such work, to
file with the comptroller a final certificate of the completion and
acceptance thereof, signed by the chief engineer or head of his
department. The filing of such certificate shall be presumptive
evidence that such work has been completed according to contract.
It shall also be the duty of such commissioner, in the case of work
to be paid for in whole or in part by assessment for benefit, when
such work shall have been completed and accepted, and all the
expenses thereof which may be legally assessed shall have been
" ascertained, to execute a certificate of the total amount of all the
cost and expenses which shall have been actually incurred by The
City of New York on account of such work and forward the same
to the board of assessors in accordance with section nine hundred
and forty-six of this act. Accompanying said certificate shall be ·
a copy of the resolution or ordinance of the municipal assembly, or
of the resolution of the board of public improvements, or copies of
both, as the case may be, authorizing such work to be done, and
also a copy of any resolution or ordinance, if any such has been
passed, determining that any portion of the cost and expense of such
Work shall be borne by The City of New York. The board of assess-
ens shall, upon receiving such certificate, assess upon the property
214
ASSESSMENTS FOR LOCAL IMPROVEMENTS. [S$ 421-423
benefited, in the manner authorized by law, the amount of the cer-
tificate, or such proportions thereof, as is authorized by law. The
proceedings relative to levying, confirming and collecting any such
assessments shall be in accordance with the provisions of chapter
seventeen of this act.
L. 1882, ch. 410, $ 868.
See Brady v. The Mayor, 3 N. Y. State Rep. 99; S. C., 9 N. Y. Supp.
893.
Power to assess for local improvements.
§ 422. In all cases where the board of public improvements or
the municipal assembly or the board of public improvements and
the municipal assembly together, with or without the concurrence
or approval of any other board or officer, are autlıorized to deter-
mine that a local improvement is to be made, the said board or the
said municipal assembly, or both, as the case may be, shall deter-
mine whether any, and if any, what proportion, of the cost and
expense thereof shall be borne and paid by The City of New York,
and the remainder of such cost and expense shall be assessed upon
the property deemed to be benefited thereby; and the assessment
shall be laid out and confirmed and collected in accordance with the
provisions of chapter seventeen of this act. The words "local
improvement” as used in this section shall be construed to mean
with respect to each borough of The City of New York any work
the payment of which was, prior to the passage of this act, provided
for by the laws in force in such borough, in whole or in part, by
assessment upon the property deemed to be benefited thereby or
the owners thereof, other than assessments which are confirmed by
a court of record.
Comptroller to pay contractors.
§ 423. When a contract for a public improvement shall have been
entered into and a certified copy thereof shall have been filed with
the comptroller, in conformity with section four hundred and nine-
teen of this act, said comptroller is hereby authorized and directed
to pay to the contractor or his assigns, from time to time as the
work progresses, seventy per centum of the estimated value of the
work actually done under such contract, until the same shall have
been completed. The estimate of the value of any such work shall
be signed by the surveyor and also by the chief engineer of the
department having the matter in charge, and upon the final comple-
tion of any contract, and the filing of the final certificate of com-
pletion, the comptroller shall, within thirty days thereafter, or
SS 423-425]
:: 215
RELEASE OF CONTRACTORS.
within thirty days after the expiration of the time within which,
according to the terms of the contract, the city has to accept such
work, pay to the contractor or his assigns, the balance of the
amount due under said contract, provided, however, that the munic-
ipal assembly, upon the recommendation of the board of public
improvements, may authorize contracts for asphalt or other pave-
ments to be made, with a guaranty upon the part of the contractor
for one or more years, with a provision for the retention of a per-
centage of the amount to be paid, which shall be paid within thirty
days after the expiration of the guaranty, upon the filing of a cer-
tificate signed by the chief engineer of the department having the
matter in charge that the terms of the contract have been complied
with. The payments to be made by the comptroller pursuant to
this section shall be made out of the “street improvement fund," if
the cost and expense of said work are to be assessed in whole or in
part upon property deemed to be benefited thereby. The amounts
collected from any and all assessments for local improvements paid
out of such fund, together with all defaults and interest on the same,
are to be paid into said fund. It shall be the duty of, and lawful for
the comptroller, when thereto authorized by the board of estimate
and apportionment to create and issue such additional amounts of
the corporate stock of The City of New York as shall be necessary
to provide for the cost and expense of such work, or such part
thereof as is to be borne and paid by The City of New York; and
the proceeds of the sale of such stock shall be paid into the street
improvement fund.
L. 1882, ch. 410, 8 144.
Municipal assembly; further restrictions.
§ 424. It shall not be lawful for the municipal assembly to release
any contractor with the city or with any of the departments, boards,
bureaus or officers thereof, from any fine or penalty incurred under
his contract, save upon the unanimous recommendation of the
board of public improvements. And it shall not be lawful for the
municipal assembly to extend the time for the performance of any
such contract save upon the unanimous recommendation of the
board of public improvements.
. See People v. Brennan, 18 Abb. Pr. 100.
Board of public improvements; further powers.
$ 425. The board of public improvements is authorized and
empowered, in its discretion, on the application, in writing, of the
head of the fire department, to grant the said department location
216
GENERAL POWERS OF BOARD. [$$ 425, 426
for apparatus houses in said department on any of the public prop-
erty, streets or slips under the control and care of one or more of
the commissioners who constitute said board; provided that the
said houses are so located and constructed as in the judgment of said
board will not disfigure or mar the appearance of the public prop-
erty, streets or slips, nor interfere with the purpose of travel or
public recreation, and which if placed upon any street, avenue or slip,
shall not reduce the width of the same between the curbs for the
purpose of travel at the place of such location to less than thirty
feet on each side of said building.
| L. 1882, ch. 410, $ 343.
Board of public improvements; general powers.
$ 426. The said board of public improvements shall exercise such.
powers and perform such duties with respect to the whole territory
embraced within The City of New York, as constituted by this act,
as were heretofore vested in the board of street opening and
improvements of the corporation known as the mayor, aldermen
and commonalty of The City of New York, with respect to the terri-
tory included within that municipality, except so far as the same
have been otherwise specifically and expressly conferred by this.
act. And the said board of public improvements shall exercise such
other powers and perform such other duties as are vested in or cast
upon it by any of the provisions of this act, or that may in accord-
ance with the law be devolved upon it by the municipal assembly.
See L. 1882, ch. 410, $$ 955, 956, 958, 1003, 1009; L. 1884, ch. 17; L. 1892, ch.
129; L, 1893, ch. 267, 660; L. 1895, chi 449.
TITLE 2.
THE MAP OR PLAN OF THE CITY OF NEW YORK, ESTABLISHING OF
GRADES, CHANGES THEREIN, MAP OF SEWER
SYSTEM AND SEWER DISTRICTS.
-
.-
SEC. 432. The map of the city of New York.
433. Map to be completed.
434. President may be required to complete map.
435. Grades established by user.
436. Authority to change the map or plan of the city or to change
gr:des.
437. Map of city to be kept in office of corporation counsel and office
of board of public improvements; maps showing changes.
where filed.
438. Drainage and sewer system to be completed.
439. Drainage plan to be filed.
S8 432, 433]
217
MAP OF THE CITY.
SEC. 440. All sewers to be in accordance with general plan.
441. Raising of grade for drainage.
442. Power to mark boundaries and to make surveys.
443. President to appoint surveyor; appropriations to be made for
maps, etc.
444. Board may detail employes to assist president.
'
The map of the city of New York.
$ 432. The map or plan of the territory lying within the borough
of Manhattan, as heretofore laid out, adopted and established by the
municipal authorities of the corporation known as the mayor, alder-
men and commonaity of The City of New York, and the map or plan
of that part of the territory lying within the borough of The Bronx,
laid out by the commissioner of street improvements of the twenty-
third and twenty-fourth wards pursuant to chapter five hundred and
forty-five of the laws of eighteen hundred and ninety, and the acts
amendatory thereof, as heretofore duly laid out, adopted and estab-
lished by such commissioner, with the concurrence and approval
of the board of street opening and improvements pursuant to law,
and the map or plan of so much of the territory lying within the
borough of Brooklyn, for which a permanent map or plan has been
adopted, as heretofore duly laid out, adopted and established by the
proper municipal authorities, and the map or plan of so much of
the territory lying within the borough of Queens, for which a per-
manent map or plan has been adopted by the proper municipal au-
thorities of Long Island City, as so laid out, adopted and established,
showing the parks, streets, bridges and tunnels, and approaches to-
bridges and tunnels, as heretofore laid out, adopted and established
pursuant to law, and the maps and profiles included in or accom-
panying the same, showing the grades of such streets duly fixed,
adopted and established, shall constitute the map or plan of The
City of New York to the extent and so far as they cover the terri-
tory lying within the said city, and as such is hereby laid out,
adopted, established and confirmed, is to be deemed final and con-
clusive with respect to the location, width and grades of the streets
shown thereon, so far as such location, width and grades have been
heretofore duly adopted, except as herein otherwise provided.
See L. 1882, ch. 410, $ 955; L. 1884, ch. 17.
Map to be completed.
§ 433. It shall be the duty of the president of the board of public
improvements, subject to the limitations hereinafter provided, to
prepare a map of so much of the territory embraced within The City
218
[8S 433, 434
MAP OF THE CITY.
of New York, as constituted by this act, of which a map or plan
has not heretofore been finally established and adopted, as set forth
in section four hundred and thirty-two of this act, locating and lay-
ing out all parks, streets, bridges, tunnels and approaches to bridges
and tunnels, and indicating the width and grades of all such streets
so located and laid out. Whenever and as often as the president of
the board of public improvements shall have completed the map of
a part of the territory aforesaid, he shall report the same together
with the surveys, maps and profiles, showing the parks, streets,
bridges, tunnels, and approaches to bridges and tunnels, located
and laid out by him, and the grades thereof, to the board of public
improvements, for its concurrence and approval, subject, neverthe-
less, to such corrections or modifications as in the judgment of the
majority of said board may be advisable; and the said board there-
after shall cause such map or plan, and such profiles, as finally
adopted by it, to be certified by the president and secretary of said
board, and filed as follows: One copy thereof in the office in which
conveyances of real estate are required to be recorded in the county
in which the territory shown upon such map is located; one copy
thereof in the office of the corporation counsel, and one copy thereof
in the office of the board of public improvements. Such map and
profiles, when so adopted and filed, shall become a part of the map
or plan of The City of New York, and shall be deemed to be final
and conclusive with respect to the location, width and grades of the
streets shown thereon, and the same shall not be subject to any.
further change or modification except as provided in section four
hundred and thirty-six of this act; provided, however, that the board
of public improvements, within three months after the opening of
a street, shall have the power to alter the grade of such street, and
to alter the grades of intersecting streets, so far as it may be neces-
sary to conform the same to the new grades of the street opened.
L. 1882, ch, 410, 8 955; L: 1884, ch. 17.
President may be required to complete map.
§ 434. The board of public improvements, or the municipal
assembly, with the approval of the mayor, may at any time require
the president of the board of public improvements to complete the
map or plan of the whole or of a part of the territory for which the
map or plan shall not at such time have been finally established and
adopted, as specified in sections four hundred and thirty-two and
four hundred and thirty-three of this act, and to report the same to
the board of public improvements, within a fixed and specified time.
$8 435-437]
CHANGES IN MAP.
· 219
T
1
Grades established by user.
$ 435. Whenever any street in The City of New York shall have
been used as such for upwards of twenty years without having the
grade thereof established by law, the level or surface of such street
as so used shall be deemed to be and to have been the grade thereof.
Authority to change the map or plan of the city or to change grades.
§ 436. The board of public improvements is authorized and
empowered, whenever and as often as it may deem it for the public
interest so to do, to initiate a change in the map or plan of The City
of New York, so as to lay out new streets, bridges, tunnels, and
approaches to bridges and tunnels and parks, and to widen,
straighten, extend, alter and close existing streets, and to change
the grade of existing streets shown upon such map or plan, by
publishing notice of its proposed action for ten days, in the “City
Record” and the corporation newspapers, and giving an opportu-
nity for all persons interested in such change to be heard, at a time
and place to be specified in such notice, such time to be not less
than ten days after the first publication of such notice. After the due
publication of such notice, and after hearing protests and objections,
if any there be, against the proposed change, if the said board shall
favor such change, notwithstanding such protests and objections,
it shall transmit its resolution to that effect to the municipal assem-
bly, together with the objections, if any, which have been made in
writing, and filed with it, and a statement of its reasons for such
determination. If both houses of the municipal assembly concur in
such resolution passed by the board of public improvements, by
passing an ordinance adopting and approving the same by a two-
thirds vote, and the same receives the approval of the mayor, such
change in the map or plan of The City of New York, or in the grade
of any street or streets shown thereon, shall be deemed to have been
made. The board of public improvements is authorized and
empowered without the concurrence of the municipal assembly, but
with the approval of the mayor, to change the grades of bridges,
tunnels, and approaches to bridges and tunnels, and the location
of approaches to bridges and tunnels.
L. 1882, ch. 410, 8 955.
Maps of city to be kept in office of corporation counsel and office of
board of public improvements; maps showing changes where filed.
$ 437. The map or plan of The City of New York or a certified
copy thereof, showing the streets and parks within The City of New
York as constituted by this act, shall be kept, one copy thereof in
220
[$$ 437, 438
DRAINAGE AND SEWER SYSTEM.
the office of the corporation counsel and one copy thereof in the
office of the board of public improvements. Whenever the map or
plan of The City of New York, as heretofore laid out, adopted, .
established and confirmed by this act, or as hereafter laid out,
adopted and established pursuant to this act, shall be changed, and
whenever the grade of any street shown thereon shall be changed,
the board of public improvements shall forthwith cause the maps
and profiles, showing such change in the map or plan of The City of
New York, or in the grade of a street or streets shown thereon, to
be certified by the secretary of said board and filed as follows: One
copy thereof in the office in which the conveyances of real estate
are required to be recorded in the county in which the territory
shown upon said copy is located; one copy thereof in the office of
the corporation counsel, and one copy thereof in the office of the
board of public improvements.'
Drainage and sewer system to be completed.
$ 438. It shall be the duty of the said president of the board of
public improvements, together with the commissioner of sewers,
and subject to the approval of the board of public improvements,
to devise and prepare, so far as the same has not already been done,
a plan for the proper sewerage and drainage of the whole of said
city, for the purpose of thoroughly draining and carrying off water
and other matter proper to be carried off by sewers. The said
commissioners shall, so far as the same has not already been done,
and.subject to the like approval, lay out the said city into as many
sewerage districts as he may deem necessary for the aforesaid
purpose, and shall also determine and show, on suitable maps or
plans, the location, course, size and grade of each sewer and drain
proposed for each of said districts, and the proposed alterations
and improvements in existing sewers, and shall also determine and
show, on said maps or plans, the contemplated depth of said sewers.
and drains below the present surface, and also below the established
grades of the streets and avenues in each of said districts, and such
other particulars as may be necessary for the purpose of exhibiting
a complete plan of the proposed sewerage therein.
L. 1882, ch. 410, 8 327; JL. 1888, ch. 423.
T
(a) The number and extent of
the sewerage districts to be laid
out, and the power to modify and
change them, is entirely within the
control and discretion of the offi-
cers mentioned in this section, and
no court is vested with the power
to review that discretion. Matter
of Ellsworth, 53 N. Y. 647.
(6) See Nelson v. The Mayor, 63
N. Y. 635; Matter of Protestant
Episcopal Church, 46 Id. 178; Mat-
ter of Zborowski, 68 Id. 88; Roose-
velt Hospital v. The Mayor, 84 N.
Y. 108; Matter of Wheelock, 21 N.
Y. State Rep. 369; affi'd 121 N. Y.
664.
88 439, 4401
DRAINAGE MAPS.
221
i
Drainage plan to be filed.
§ 439. Upon the completion of the map or plan for the drainage :
of any sewerage district and its approval by the board of public
improvements, such map or plan shall be the permanent plan for
the sewerage of such district; subject, however, to such subsequent
modifications as may, in the opinion of the commissioner of sewers
and the board of public improvements, become necessary in conse-
quence of alterations made in the locativil or grade of any street
or part thereof in said district, or for other reasons. Copies of such
complete map or plan and of the maps showing modifications
therein shall be certified by the president and secretary of the board.
of public improvements and shall be filed as follows: One copy
thereof in the office in which conveyances of real estate are required
to be recorded in the county in which the territory shown upon said
map is located; one copy thereof in the office of the corporation
counsel, and one copy thereof in the office of the board of public
improvement.
. L. 1882, ch. 410, 8 328.
See Williamson v. The Mayor, cited under § 440, post; Dady v. The
Mayor, 57 Hun 456.
All sewers to be in accordance with general plan.
$ 440. It shall not be lawful hereafter to construct any sewer or
drain in the city unless such sewer or drain shall be in accordance
with the general plan, approved by the board of public improve-
ments, as aforesaid, for the sewerage of the particular district in
which such sewer or drain is proposed to be constructed.
L. 1882, cīm. 410, § 331.
(a) The provisions of this section
do not make the devising of a plan
for the drainage of the entire city
a condition precedent to the power
of contracting for the doing of the
work in any of the sewerage dis-
tricts; the provision requiring the
filing of copies of the map (see
8 439, aiite) showing the plan of
drainage in the absence of any pro-
vision prohibiting the contracting
of the work until the filing of the
map, is merely directory, and the
omission so to do does not vitiate
any contract for the work. Matter
of N. Y. Protest. E. Public School,
47 N. Y. 556, affi'g 40 How. Pr. 198.
See s. C., 46 Id. 178, rev’g 58 Barb.
161.
(6) But there must be a plan of
the particular sewerage district in
which the sewer or drain is to be
constructed before a contract for
the same can be made. Matter of
Blodgett, Ct. of Ap., 52 How. Pr.
120; Roosevelt Hospital v. The
Mayor, 84 N. Y. 108, affi'g 18 Hun,
582.
(c) This provision is subject to
the qualifications of $ 439, in refer-
ence to the modifications of the
permanent plan, and it is not nec-
essary that such modifications
should be made to appear on the
general map or plan, or that new
plans or map showing the same
should be filed to make the con-
struction of a sewer lawful. Wil-
liamson v. The Mayor, 3 Hun, 65,
affi'd in 62 N. Y. 618.
222
BOUNDARIES AND SURVEYS. [SS 441-443.
222
:
•
Raising of grade for drainage.
§ 441. Whenever the commissioner of sewers shall report to the
board of public improvements that it is necessary to raise the grade
of any street or streets for the proper sewerage of the sewer district
in which such street or streets, or parts of streets, are situated, the
said board is hereby authorized and empowered to change the grade
of such street or streets, or parts of streets, so far as shall be neces-
sary for the proper drainage thereof.
TT
Power to mark boundaries and to make surveys..
§ 442. The president of the board of public improvements shall
have power to mark any boundary line or lines of the municipal
corporation constituted by this act and known as, The City of New
York, as said boundary line or lines is or are determined in and by
this act, so as to distinguish and define the boundaries of said city,
the boundaries of the boroughs thereof, and any other boundary
line or lines determined in and by this act, by such monuments as
may be authorized by resolution of the board of public improve-
ments. He shall upon the request of the board of public improve-
ments, of the municipal assembly, of a local board, of
commissioners of estmate or of commissioners of estimate and
assessments, furnish surveys, diagrams or other information as may
enable them to fully discharge the duties imposed upon them by
this act relative to street and park improvements. It shall be law-
ful for the president of the board of public improvements, and all
persons acting under his authority, to enter in the daytime into
and upon any lands, tenements and hereditaments and waters which
he shall deem necessary to be surveyed, used or converted for the
laying out, surveying and monumenting of parks, streets, bridges,
tunnels, and approaches to bridges and tunnels, in The City of New
York, or for marking any boundary line or lines.
President to appoint surveyor; appropriations to be made for maps, etc.
§ 443. The president of the board of public improvements shall
have power to appoint a surveyor or engineer who shall have the
custody of the maps filed in the office of the board of public improve-
ments and to fix his salary within the proper appropriation. There
shall be made in the final estimate each year such provisions or
appropriations as niay be necessary for the preparation and making
of maps, plans and profiles, and for the setting of monuments, and
the president of the board of public improvements shall be author-
ized, within the limits of such provision or appropriation, to employ
such engineers, surveyors, clerks and assistants as may in his judg-
ment be necessary for any part of such work.
SS 444, 450, 451] BRANCH OFFICES.
223
Board may detail employes to assist president.
$ 444. The board of public improvements may, from time to
time, and for so long a time as may be necessary, detail such
employes from any department as they may deem necessary, to
assist the president of the board of public improvements in carrying
out the duties imposed upon him by this act.
TITLE 3.
GENERAL PROVISIONS RELATING TO THE DEPARTMENTS OF WATER.
SUPPLY, HIGHWAYS, STREET CLEANING, SEWERS, PUBLIC BUILD-
INGS, LIGHTING AND SUPPLIES, AND BRIDGES.
Sec. 450. Heads of departments.
451. Branches; where located.
452. Deputies.
453. Engineers.
454. Id.; duties.
455. Consulting engineers.
456. Commissioners; powers to appoint and fix salaries.
457. Id.; other duties.
458. Id.; to organize bureaus.
459. Commissioners; power to appoint, etc.
460. Transfer of employes from borough to borough and from.
department to department.
461. Transfer of appropriations.
462. Definition of word “street.”
Heads of departments.
$ 450. Each of the commissioners hereinafter provided for in this
chapter shall in all respects administer his department in conformity
with the ordinances of the municipal assembly relating thereto, and
each shall be vested with the sole executive power in his depart-
ment, and be subject to the laws of the state and the ordinances of
the city for the conduct and the work of his department.
Branches; where located.
$ 451. The main office of each of the departments hereinafter
mentioned in this chapter shall be located in the borough of Man-
hattan, unless the board of public improvements shall otherwise
determine. Branch offices of all or any of said departments may be
located within such other of the boroughs as may be deemed
advisable by the commissioner of such department, subject, how.
ever, to the approval of the board of public improvements; and it
shall be the duty of the board of estimate and apportionment and
of the municipal assembly to make proper provision therefor.
224
DEPUTIES AND ENGINEERS. [$$ 452, 453
Deputies.
$ 452. The commissioner at the head of each of said departments
may appoint one or more deputy commissioners, one of whom
shall be located at the main office of such department, and there
may be a deputy in each borough in which is located a branch office
of such department, or the same deputy may have charge of more
than one borough, as the commissioner appointing such deputy may
deem advisable. A deputy commissioner located at a branch office
shall, under the direction and control of the commissioner appoint-
ing him, have charge of the office work of his department in the
borough or boroughs for which the office was established, and of
the execution of all work devolved upon his department therein.
The commissioner at the head of each of said departments may desig-
nate one or more of said deputies, who shall, in addition to his other
powers, possess every power and perform all and every duty belong-
ing to the office of such commissioner, so far as specified in such
designation, whenever so empowered by such commissioner by writ-
ten authority, designating therein a period of time, not extending
beyond a period of three months nor beyond the term of office of
such commissioner, during which such power and duty may be exer-
cised, and such designation and authority shall be duly filed in and
remain of record in said department, but inay be revoked at any
time. A deputy commissioner so designated shall possess the like
authority in case of absence or disability of such commissioner.
Engineers.
$ 453. The commissioner at the head of each of said departments,
excepting the department of street cleaning, shall appoint' a chief
engineer of his department, with power to appoint, remove, and
detail a staff of assistant engineers. If the commissioner of any
department and the board of public improvements deem it advis-
able that more than one chief engineer be appointed for such depart-
ment, such commissioner shall appoint such additional chief engi-
neer or chief engineers, each with power to appoint and remove,
at pleasure, and detail a staff of assistant engineers. All chief engi-
neers and assistant engineers appointed by them respectively, must
be civil engineers of at least ten years' experience. An engineer
located at a branch office of his department in any borough may be
appointed a deputy commissioner for the borough or boroughs
to which he is assigned. An assistant engineer who has been
appointed a deputy commissioner may be designated as the engi-
neer for the borough in which he acts as deputy. Any engineer
may be designated by such title as shall properly describe his prin-
cipal duties in the judgment of the head of his department.
$$ 454-456] CLERKS AND SALARIES.
225
Id.; duties.
$ 454. Each chief engineer shall perform such duties as may be
required of him by this act by the commissioner at the head of his
department or by his deputy in the borough in which such engineer
shall be located.
Consulting engineers.
$ 455. The commissioner of water supply, the commissioner of
highways, and the commissioner of sewers, shall each appoint, with-
out definite term, when thereto authorized by the board of public
improvements, a consulting engineer to their respective depart-
ments, who shall be an expert in all matters relating to the work
performed by the department in which he is appointed and who shall
have had at least fifteen years' experience as a civil engineer. The
commissioner of public buildings, lighting and supplies shall appoint
(each without definite term) when thereto authorized by the board
of public improvements, a consulting engineer of lighting and elec-
tricity to his department, who shall be an expert in all matters relat-
ing to lighting and electricity, and whose training shall also have
included instruction in the capacity of civil engineer, and a consult-
ing engineer of public buildings to his department, who shall be an
expert in the matter of construction, repair and maintenance of pub-
lic buildings, and a consulting architect to his department, who shall
be an architect of recognized scientific and artistic standing of not
less than fifteen years' experience. The commissioner of bridges
shall at any time appoint, without definite term, when thereto
authorized by the board of public improvements, a consulting engi-
neer, who shall be a recognized expert in bridge construction, and
who shall have had not less than fifteen years' experience as a civil
engineer.
Commissioners; powers to appoint and fix salaries.
$ 456. The commissioner at the head of each of said departments
shall have power to appoint such clerks and subordinates as may,
in his judgment, be necessary in his main office, and may fix and
regulate their salaries, within the limits of the appropriation duly
made therefor. A deputy commissioner in charge of a branch office
of a department shall, subject to the approval of the head of his
department, appoint such clerks and subordinates of his depart-
mient, in and for his borough, as may in his judgment be necessary,
and fix and regulate their salaries, within the limits of the appro-
priation duly made therefor.
15
226
[SS 457-460
BUREAUS OF DEPARTMENTS.
Id.; other duties.
$ 457. The commissioner at the head of each of said departments
shall prepare and execute all contracts authorized by the board of
public improvements, or by said board and the municipal assembly
for his department, and shall make and cause to be made all sur-
veys, maps, plans, estimates and drawings of all works relating to
his department, and shall preserve the same in the main office of
the department, and shall make an annual report of the business and
transactions of his department to the mayor.
Id.; to organize bureaus.
§ 458. The commissioner at the head of each of said departments
may organize such bureaus as he shall from time to time deem
necessary to the proper discharge of the duties of his department;
he shall locate a branch of each of the bureaus so organized, in the
public hall or building of the borough of Brooklyn, for the discharge
of all of the duties of the department devolved upon such bureau
or bureaus, so far as such duties pertain to the borough of Brooklyn;
and he may from time to time locate a branch of any or all bureaus
so organized by him in any of the other boroughs of the city for the
discharge of the duties devolved upon such bureau or bureaus, so
far as such duties pertain to the boroughs wherein such branch or
branches may be respectively located.
Commissioners; power to appoint, etc.
$ 459. If the commissioners of two or more departments named
in this chapter shall at any time determine that the duties of the
chief engineer or the deputy commissioner in each of said two or
more departments in and for any borough can be adequately per-
formed by one and the same person, then it shall be lawful for said
commissioners, each acting in his department, to appoint the same
individual as chief engineer or deputy commissioner, or both, of
such departments for any of said boroughs; such appointment as
chief engineer may be revoked by the proper commissioner or com-
missioners, respectively, as to all but one department, whenever
the board of public improvements shall so authorize; and the board
of public improvements shall also then determine and decide for
which department the said person shall remain and shall be chief
engineer.
Transfer of employes from borough to borough and from department to
department.
§ 460. Nothing in this act contained shall be construed to limit in
SS 460–462]
227
“STREET” DEFINED.
any way the power of the commissioner at the head of any one of
the departments named in this chapter to transfer any employe or
employes from the office of his department located in one borough
to the office of his department in any other borough. It shall be
lawful for the board of public improvements to transfer employes
of one of the departments named in this chapter to another of said
departments, provided that in each case the heads of the depart-
ments affected shall consent to and request such transfer.
Transfer of appropriations.
$ 461. No appropriation specifically appropriated to be used in
one borough shall be transferred for expenditure in any other
borough except by the unanimous vote of the board of estimate
and apportionment; but if any public work within the cognizance
and control of any one of said commissioners must be executed in
more than one borough he may, in his discretion, direct that said
work shall be done through the joint forces of his department in the
boroughs affected, or he may execute such work with the force of
his central office.
Definition of word “ street.”
§ 462. Whenever the word “street,” or the plural thereof, occurs
in this chapter, it shall be deemed to include all that is included by
the term "street, avenue, road, alley, lane, highway, boulevard,
concourse, public square and public place,” or the plurals thereof,
respectively.
TITLE 4.
DEPARTMENT OF WATER SUPPLY.
Sec. 468. Commissioner of water supply; appointment; salary.
469. Id.; jurisdiction.
470. Id.; power when more than one borough involved.
471. Id.; restriction on power to contract.
472. Id.; power to determine source of water supply; condemnation
proceedings, etc.
473. Municipal assembly; power to fix rents, etc., for water supply.
474. Commissioner; power to contract for water supply for the
twenty-fourth ward; duty in relation to.
475. Meters.
476. Additional charge for non-payment of rent.
477. No valve, etc., to be used with royalty.
478. Printed notice of rules and regulations.
479. Commissioners; duty in regard to sources of water supply and
property of department.
480. Assessment of lands as reservoirs, etc.
228
COMMISSIONER OF WATER SUPPLY. [S$ 468, 469
Sec. 481. Certain acts misdemeanors.
482. Id.; continued.
483. Duty of commissioner of water supply.
484. To take proceedings to acquire title.
485. Definition of “real estate.”
486. Commissioners to prepare maps.
487. Power to enter upon lands for the purpose of making maps.
488. Details of maps.
489. Maps to be filed.
490. Corporation counsel to conduct proceedings.
491. Notice to be given.
492. Motions for appointment of commissioners of appraisal.
493. Commissioners to take and üle oath.
494. City to become seized of real estate.
495. Proceedings of commissioners.
496. Commissioners to prepare report.
497. Report to be filed.
498. Notice of motion to confirm report.
499. Confirmation of report.
500. Payment of awards.
501. Sum awarded to be deposited in certain cases.
[02. Who may present claim before commissioner.
503. City protected by payment.
504. Separate reports may be made.
505. Proceedings in case of an appeal.
506. How defects may be remedied.
507. Agreements with owners of real estate.
508. Compensation and expenses of commissioners.
509. Issue of bonds.
510. Description of bonds.
511. Jurisdiction of state board of health.
512. Highways and bridges.
513. Account of expenditure to be filed in comptroller's office.
514. Limit within which Lake Mahopac may not be drawn down.
515. Present proceedings to be continued.
516. Id.; corporations authorized to use ground under streets, etc.
517. Devolution of powers of former boards.
518. Legal effect of act.
Commissioner of water supply; appointment; salary.
$ 468. The head of the department of water supply shall be called
the commissioner of water supply. He shall be appointed by the
mayor and hold office as provided in chapter four of this act. His
salary shall be seven thousand five hundred dollars a year.
See $ 100, ante.
Id.; jurisdiction.
$ 469. The commissioner of water supply shall have cognizance
and control:
SS 469-472] POWER OVER WATER SUPPLY.
229
I. Of all structures and property connected with the supply and
distribution or water for public use, except where the same shall
be owned by private corporations, including all fire and drinking
hydrants and all water meters.
2. Of maintaining the quality of the water supply, and of the
investigation for, and the construction of all work necessary to
deliver the proper and required quantity of water with ample reserve
for contingencies and future demands.
3. Of the collection of the revenues from the sale or use of water
from the public water supply.
4. Of the enforcing of the regulations concerning the use of
water, and of recommending to the board of public improvements
proposed ordinances relating to any of the matters within the prov-
ince of his department.
Id.; power when more than one borough involved. .
§ 470. If any of the public work within the cognizance and con-
trol of the said commissioner of water supply must be executed
entirely outside of the city limits, he may direct that such work be
done by any of his force of any borough as may seem to him most
advantageous.
Id.; restriction on power to contract.
$ 471. It shall not be lawful for the commissioner of water sup-
ply to enter into any contract whatever with any person or corpo-
ration engaged in the business of supplying or selling water for
private or public use and consumption, unless, preliminary to the
execution of the contract, the assent of the board of public improve-
ments, after submission to it of the proposed contract in all its
details, shall be given by resolution to the execution of such con-
tract as submitted, and it shall not be lawful for the said city of New
York or for any department thereof, to make any contract touching
or concerning the public water supply, and especially the increase
thereof, with any person or corporation whatsoever, save in accord-
ance with the provisions and requirements of this act, which said
provisions and requirements are hereby declared to establish the
exclusive rule for the making of such contracts.
Id.; power to determine source of water supply; condemnation proceed-
ings, etc.
§ 472. The commissioner of water supply, with the approval of
the board of public improvements, shall have power throughout the
state of New York to select and to determine all sources of water
· 230
[$ 472
SOURCES OF WATER SUPPLY.
i
supply that may be needed for the supply of the public water-works
of said city, and for the supply and distribution of water in said
city. Any sources of water so selected and determined by him
shall be deemed necessary for the public use of The City of New
York, and thereupon, with the approval of the board of public
improvements and of the board of estimate and apportionment,
together with the authority of the municipal assembly expressed by
its resolution or ordinance, it shall be lawful for The City of New
York to acquire by condemnation any real estate or any interest
therein that may be necessary in order to acquire the sole and exclu-
sive property in such source or sources of water supply, and to
wholly extinguish the water rights of any other person or corpora-
tion therein, with the right to lay, relay, repair and maintain con-
duits and water pipes with the connections and fixtures on the lands
of others, the right to intercept and to direct the flow of waters from
the lands of riparian owners, and from persons owning or interested
in any water, and the right to prevent the flow or drainage of nox-
ious or impure matters from the lands of others into its reservoirs
or sources of supply, provided that he shall not have power to
acquire or to extinguish the property rights of any person or corpo-
ration in or to any water rights that, at the time of the initiation of
proceedings for condemnation, were in whole or in part devoted to
the supply of the water-works of the people of any other city, town
or village of the state, or to the supply and distribution of water to
the people thereof, or to take or use the water from any of the canals
of the state, any canal reservoirs, or waters used exclusively as feed-
ers for canals, or from any of the streams acquired by the state for
supplying the canals with water. It shall be the duty of the corpo-
ration counsel to take the necessary legal proceedings, as provided
in this act, for such improvement, upon the request in writing of the
said commissioner of water supply. In the ascertainment of the
compensation for any property or property rights so acquired, such
compensation shall be based upon the actual values of the property
or the interest acquired therein at the time of its taking, and there
shall not be taken into consideration any prospective or speculative
value, based upon the possible, probable or actual future use of such
property, or property rights, if the same had not been acquired by
the said city of New York for the public use. The commissioner of
water supply is hereby authorized to examine into the sources of
water supply of any private companies supplying The City of New
York or any portion thereof or its inhabitants with water, to see that
the same is wholesome and the supply is adequate, and to establish
such rules and regulations in respect thereof as are reasonable and
S8 472, 473]
WATER RENTS.
231
:
necessary for the convenience of the public and the citizens; and
the board of public improvements may exercise superintendence,
regulation and control in respect of the supply of water by such
water companies, including rates, fares and charges to be made
therefor, except that such rates, fares and charges, shall not, without
the consent of the grantee, be reduced by the board of public
improvements beyond what is just and reasonable; and in case of
a controversy, the question of what is just and reasonable shall be
finally determined as a judicial question on its merits by a court of
competent jurisdiction.
(a) The duty assumed by a mu-
nicipal corporation under statute
to supply water is regarded as ex-
clusively for public purposes and
as belonging to the corporation in
its public, political or municipal
character; and for the non-user or
misuse of such power (e. g., failure
to supply sufficient water for pro-
tection from fire) the corporation
cannot be made liable in an action
for damages; nor is the mainte-
nance of a water system rendered
private corporate business by the
fact that water rents are paid by
the inhabitants. Fire Ins. Co. v.
Village of Keeseville, 148 N. Y. 46,
rev'g 80 Hun 162; S. C., 29 N. Y.
Supp. 1130. Compare Hennessey v.
Volkening, cited under $ 473, post.
(6) There is no privity of con-
tract between a water-works com-
pany supplying a municipal corpo-
ration with water and a taxpayer
of such corporation. So held in an
action against a water-works com-
pany by a taxpayer for damage
caused by an inadequate supply of
water. Wainwright v. Queens
County Water Co., 78 Hun 146;
S. C., 60 State Rep. 204; 28 N. Y.
Supp. 987.
(c) For general statute relating
to water-works companies, see
Transportation Corporation law,
Laws, 1890, ch. 566, art. 7.
Municipal assembly; power to fix rents, etc., for water supply.
$ 473. The municipal assembly shall hereafter have all power,
on recommendation of the board of public improvements, to fix and
to establish a uniform scale of rents, and charges for supplying
water by The City of New York which shall be apportioned to dif-
ferent classes of buildings in said city in reference to their dimen-
sions, values, exposures to fires, ordinary uses for dwellings, stores,
shops, private stables and other common purposes, number of fami-
lies or occupants, or consumption of water, as near as may be prac-
ticable, and modify, alter, amend and increase such scale from time
to time, and to extend it to other descriptions of buildings and estab-
lishments. All extra charges for water shall be deemed to be
included in the regular rents, which shall become a charge and lien
upon the buildings upon which they are respectively imposed, and
if not paid, shall be returned as arrears to the collector of assess-
ments and arrears. Such regular rents, including the extra charges
above mentioned, shall be collected from the owners or occupants
of all such buildings, respectively, which shall be situated upon lots
adjoining any street or avenue in said city in which the distributing
232
CONTRACT WITH CITY OF YONKERS. [$$ 473,474
water pipes are or may be laid, and from which they can be supplied
with water. Said rents, including the extra charges aforesaid, shall
become a charge and lien upon such houses and lots, respectively,
as herein provided, but no charge whatever, shall be made against
any building in which a water meter may have been or shall be
placed as provided in this act. In all such cases the charge for
water shall be determined only by the quantity of water actually
used as shown by said meters.
L. 1882, ch. 410, $ 350; L. 1887, ch. 559.
(a) The water rents prescribed
by this section are chargeable only
upon property actually supplied
with water, and are not a tax or
assessment, but merely a charge
for water furnished. Hennessey v.
Volkening, 30 Abb. N. C. 100; s. C.,
22 N. Y. Supp. 528. See Remsen v.
Wheeler, 105 N. Y. 573; Same V.
Same, 121 N. Y. 685, affi'g 22 N. Y.
State Rep. 846; S. C., 4 N. Y. Supp.
in question, which search showed
unpaid water rènts thereon to a
certain amount, and the property
was thereupon purchased, with ref-
erence to the amount thus shown
to be unpaid, held, that the city
was not estopped by this action of
the purchaser from claiming an in-
creased sum for water rates there-
after imposed by the commissioner
of public works, by reason of an
error in the first determinaticn of
the water rate. Ried v. The Mayor,
56 Hun 156; S. C., 9 N. Y. Supp. 697.
(c) See Treadwell v. Van Schaick,
30 Barb. 444.
350.
(6) Where one contemplating the
purchase of real estate, caused a
search to be made in the depart-
ment of public works for unpaid
water rents affecting the premises
Commissioner; power to contract for water supply for the twenty-fourth.
ward; duty in relation to.
§ 474. The commissioner of water supply is authorized, on behalf
of The City of New York, with the preliminary consent of the board
of public improvements and of the board of estimate and apportion-
ment, to contract from time to time with the city of Yonkers, or the
board of water commissioners of the city of Yonkers, for a supply
of wholesome water for the twenty-fourth ward and other parts of
the borough of The Bronx, from the water-works, or water belong-
ing to them or under their charge and control, for such time, in such
quantities, and at such places as may be agreed upon by them. The
said commissioner of water supply is authorized and directed to pro-
cure, purchase and lay, provide and make ready for use, from time
to time, so many mains and pipes and other means and appliances,
and erect so many hydrants as may be necessary and sufficient to
distribute and supply the water so procured under contract with the
city of Yonkers to and through said twenty-fourth ward, or such
part of it as may require or be in need of the same, and which cannot
be, or in his judgment ought not to be supplied from the Croton
water-works, and to purchase, provide, do, and perform all things
necessary or proper to enable the said twenty-fourth ward, or said
S8 474-475]
WATER-METERS.
233
part, and the inhabitants thereof, to obtain and have an abundant
supply of water at all times, and for such purpose, in case of neces-
sity or convenience, to arrange and agree with the owner of lands in
said ward for an irrevocable license or permission to enter upon,
lay, repair, keep in order, protect, and maintain mains, pipes, con-
duits and hydrants in, through and upon said lands. The munici-
pal assembly is authorized to fix, and from time to time to alter, on
the recommendation of the board of public improvements, special
rates or charges for water supplied to any house or building, or to
any other erection or structure, in said twenty-fourth ward, includ-
ing washers and hydrants, and to make such arrangements and rules
as may be proper to ascertain the quantity of water used therein,
or by means thereof, and such rates and charges shall be a lien until
paid upon the lands upon which such house, building, or other
erection or structure may stand or be situated, and shall be collecti-
ble at the same time and in the same manner, including sales for
unpaid taxes, as the ordinary tax imposed on the same lands.
| L. 1882, ch. 410, $ 351.
1
Meters.
§ 475. The commissioner of water supply is authorized, in his
discretion, to cause water-meters, the pattern and price of which
shall be approved by the board of public improvements, to be placed
in all stores, workshops, hotels, manufactories, office buildings, pub-
lic edifices, at wharves, ferry-houses, stables, and in all places in
which water is furnished for business consumption, so that all water
so furnished therein or thereat may be measured and known by the -
said department, and for the purpose of ascertaining the ratable
portion which consumers of water should pay for the water therein
or thereat received and used. Thereafter, as shall be determined
by the commissioner of water supply, the said department shall
make out all bills and charges for water furnished by them to each
and every consumer as aforesaid, to whose consumption a meter as
aforesaid is affixed in ratable proportion to the water consumed, as
ascertained by the meter on his or her premises or places occupied
or used as aforesaid. All expenses of meters, their connections and
setting, water-rates and other lawful charges for the supply of water
shall be a lien upon the premises where such water is supplied as
now provided by law. Nothing herein contained shall be construed
so as to remit' or prevent the due collection of arrearages or charges
for water consumption heretofore incurred, nor interfere with the
proper liens therefor, nor of charges, or rates, or liens hereafter to be
incurred for water consumption in any dwelling-house, building, or
234
[SS 475-478
NOTICE TO WATER-TAKERS.
place which may not contain one of the meters aforesaid. The
moneys collected for expenses of meters, their connections and set-
tings, shall be applied by the commissioner of water supply to the
payment of expenses incurred in procuring, connecting and setting
said meters.
L. 1882, ch. 410, $ 352.
(a) One of the objects and ef (6) This section conferring dis-
fects of this section is to make the cretionary power upon the com-
expense of placing a water meter missioner of public works to place
upon any of the premises specified a water meter in a building does
therein, and the charge for extra not apply when the sole actual
consumption of water over and consumption of water supplied is
above the quantity covered by the for the use of the employes of the
regular building rate a lien upon building. Hill v. Thompson, 50 N.
the land. but there is nothing in Y. Super (J. & S.) 165.
the section which makes the actual (c) See definition of the word
consumer of the extra water per “hotel” in reference to use of
sonally liable for the water rates. Croton water. Cromwellv. Stephens,
Moffat v. Henderson, 50 N. Y. 2 Daly 15; S. C., 3 Abb. Pr. (N. S.)
Super. (J. & S.) 211.
26.
Additional charge for non-payment of rent.
$ 476. The annual rents which are not paid to the department of
water supply before the first day of August in each year shall be
subject to an additional charge of five per centum, and those rates
not paid before the first day of November in each year shall be sub-
ject to a further additional charge of ten percentum.
| L. 1882, ch. 410, 4 353.
No valve, etc., to be used with royalty.
$ 477. No patent hydrant, valve or stopcock shall be used by the
department of water supply unless the patentee or owner of said
patent shall allow the use of the patent by said department without
royalty. .
L. 1882, ch. 410, $ 354.
Printed notice of rules and regulations.
$ 478. The rules and restrictions for the use of the water printed
on each permit shall be notice to the water takers, and shall author-
ize the exaction and recovery by process of law of any penalties
which may be imposed in addition to cutting off the use of the water
for any violations of the rules, and this section shall be printed on
such permits.
L. 1882, ch. 410, 8 355.
(a) The municipal authorities refuses to pay a water rate un-
can be restrained by injunction authorized by law. Cromwell v.
from cutting off the water supply Stephens, 2 Daly 15; S. C., 3 Abb.
from the premises of a person who Pr. (N. S.) 26.
$$ 479-481] PRESERVATION OF WATER SUPPLY.
235
-
(6) As to the remedies of a prop.
erty holder against erroneous or
excessive charges for water, see
Hennessey V. Volkening, 30 Abb.
(N. C.) 100; S. C., 22 N. Y. Supp.
528.
Commissioners; duty in regard to sources of water supply and property
of department.
§ 479. The commissioner of water supply is charged with the
preservation of all lakes and all waters from which a water supply
is drawn by the city, with the preservation of the banks of and of
drawn, from injury or nuisance, and with the execution of such
measures as may be necessary to preserve and increase the quantity
of water and keep it pure and wholesome and free from contamina-
tion and pollution, with the management, preservation and repairs
of the dams, gates, aqueducts, bridges, water towers, reservoirs,
mains, pipes, pipeyard, and property of every description belonging
to the water-works, and shall have the construction of such new
works and the purchase and laying down of such mains and pipes
as may be authorized in accordance with law. The department of
water supply shall be responsible for the supply of water and the
good order and security of all the water-works, for the exactness
and durability of the structures which may be erected, and for the
daily work to be performed and for the sufficiency of the supply in
the pipeyards to meet every casualty, and for the fidelity, care and
attention of all persons employed by the department in watching
the works, and in making constructions and repairs.
L. 1882, ch. 410, $ 357.
Assessment on lands used as reservoirs, etc.
$ 480. The lands heretofore taken or to be taken for storage, res-
ervoirs, or for other constructions necessary for the introduction
and maintenance of a sufficient supply of water in the city, or for the
purpose of preventing contamination or pollution, shall be assessed
and taxed in the counties in which they are or may be located, in
the manner prescribed by law, at the value of the lands, exclusive of
the aqueducts, and the construction and works necessary for its pur-
poses, provided that the assessed value of the said lands shall not
exceed the assessed value of the lands in the immediate neighbor-
hood thereof.
L. 1882, ch. 410, $ 361.
Certain acts misdemeanors.
§ 481. It shall not be lawful for any person to throw or deposit,
or cause to be thrown or deposited in any lake, pond or stream, or
236
REAL ESTATE TO BE ACQUIRED. [S$ 481-484
in any aqueduct from or through which any part of the water supply
of The City of New York shall be drawn, or either of the reservoirs,
any dead animal or other offensive matter, or anything whatever.
Any person offending against the provisions of this section shall be
deemed guilty of a misdemeanor, and upon conviction thereof shail
be punished by a fine or imprisonment, or both, in the discretion of
the court. Such fine not to exceed the sum of one hundred dollars,
and such imprisonment not to exceed a period of three months.
Such imprisonment to be in the jail of the county in which the
offense shall have been committed.
L. 1882, ch410, 8 362.
Id.; continued.
$ 482. If any person shall willfully do or cause to be done any act
whereby any work, materials, or property whatever, erected or used
or hereafter to be erected or used within the city or elsewhere, by
the said city, or by any person acting under their authority, for the
purpose of procuring or keeping a supply of water, shall in any man-
ner be injured or shall erect or place any nuisance on the banks of
any river, lake or stream from which the water supply of said city
shall be drawn, or shall throw anything into the aqueduct, or into
any reservoir or pipe, such person, on conviction thereof, shall be
deemed guilty of a misdemeanor.
L. 1882, ch. 410, $ 363.
Duty of commissioner of water supply.
$ 483. The commissioner of water supply is hereby authorized,
empowered and directed to carry out the provisions of this act, in
the manner hereinafter provided, for the purpose of maintaining,
preserving and increasing the supply of pure and wholesome water
for the use of the city, and for the purpose of preventing or remov-
ing contamination or pollution of any supply or source or sources of
supply of water heretofore acquired by or on behalf of said city, and
for the purpose of preventing the contamination or pollution of any
river, water course, lake, pond, stream or reservoir hereafter
acquired for the purpose of supplying said city with water.
See Tilford v. The Mayor, 1 App. Div. 199; s. C., 72 State Rep. 545; 37
N. Y. Supp. 185.
To take proceedings to acquire title.
$ 484. In all cases where the commissioner of water supply shall
hereafter enter upon, acquire, take or use, or shall deem it neces-
sary to enter upon, acquire, take or use, any "real estate," as the
S$ 484, 485]
237
“REAL ESTATE”. DEFINED.
term real estate is defined by this act, for the purpose of maintain-
ing, preserving or increasing the supply of pure and wholesome
water for the use of said city, or for the purpose of preventing the
contamination or pollution of the same, as hereinbefore set forth,
the said commissioner is authorized, for and in behalf, and in the
name of The City of New York, in the manner hereinafter pre-
scribed, to acquire all rights, titles and interests in and to such real
estate, by whomsoever the same may be held, enjoyed or claimed,
C
such rights, titles or interests, or growing out of such taking or
using.
L. 1882, ch. 410, $ 364.
Definition of " real estate.”
$ 485. The term “real estate” as used in this chapter shall be con-
strued to signify and embrace all uplands, lands under water, the
water of any lake, pond or stream, all water rights or privileges, and
any and all easements and hereditaments, corporeal or incorporeal,
and every estate, interest and right, legal and equitable, in lands
or water, or any privilege or easement thereunder, including terms
for years, and liens thereon by way of judgment, mortgages or
otherwise, and also all claims for damage to such real estate. It
shall also be construed to include all real estate (as the term is above
defined) heretofore or hereafter acquired or used for railroad, high-
way or other public purpose, providing the persons or corporations
owning such real estate, or claiming interests therein, shall be allowed
the perpetual use, for such purposes, of the same or of such other.
real estate to be acquired for the purposes of this act as will afford
practicable route or location for such railroad, highway or other pub-
lic purpose, and in the case of a railroad commensurate with and
adapted to its needs; and provided, also, that such persons or cor-
porations shall, not, directly or indirectly, be subject to expense, loss
or damage by reason of changing such route or location, but that
any real estate so acquired or used for public purposes is sought to
be taken or affected for the purposes of this act, there shall be desig-
nated upon the maps referred to in this act, and there shall be
described in the petition referred to, such portion of the other real
estate shown on said maps and described in said petition as it is pro-
posed to substitute in place of the real estate then used for such rail-
road, highway or other public purposes. The supreme court, at
the special term to which said petition is presented, or at such
other special term as the consideration thereof may be noticed or
238
COMMISSIONERS TO PREPARE MAPS. [S$ 485, 486
adjourned to, shall either approve the substitute route or place or
refer the same back to the said commissioner for alteration
or amendment, and may refer the same back, with such directions or
suggestions as the said court may deem advisable, and as often as
necessary, and until the said commissioner shall determine such
substituted route or place as may be approved by the court; an
appeal from any order made by said court at special term, under the
provisions of this section, may be taken by any person or corpora-
tion interested in and aggrieved thereby, to the appellate division
of the judicial department in which the real estate is situated, and
shall be heard as a non-enumerated motion. The commissioners
of appraisal herein referred to, in determining the compensation to
be made to the persons or corporations owning such real estate, or
claiming interest therein, shall include in the amount of such com-
pensation such sum as shall be sufficient to defray the expenses of
making such change of route and location and of building said rail-
road or highway. The said commissioners of appraisal shall sug-
gest in their report, and the court, in the order confirming such
report, shall determine, subject to review by the said appellate divis-
ion, what reasonable time after payment of the awards to said per-
sons or corporations shall be sufficient within which to complete the
work of making such change, and the said city of New York or the
commissioner of water supply thereof shall not be entitled to take
possession or interfere with the use, for the aforesaid purposes, of
such real estate, before the expiration of such time. This time may
be subsequently extended by the court (subject to review as afore-
said), upon sufficient cause shown. After the expiration of the time
so determined or extended no use shall be made of said real estate
which shall cause pollution to the water in said reservoir, or the
construction of said reservoir, or interfere with its flow.
L. 1883, ch. 490, § 24, as amd. by L. 1887, ch. 196.
Commissioners to prepare maps.
§ 486. Whenever in the opinion of said commissioner it is neces-
sary to acquire any such real estate (as the term “real estate” is
herein defined), for any of the purposes hereinbefore set forth, or
for the purpose of extinguishing any right, title or interest thereto
or therein, the said commissioner, for and on behalf of The City
of New York, shall prepare a map or maps of the real estate which
in his opinion it is necessary to acquire for the purposes hereinbefore
set forth, and shall submit the same to the board of public improve-
ments for approval. The said board may adopt, modify or reject
such maps in whole or in part, and may require others to be made
$$ 486-488] ENTRY ON LANDS TO MAKE MAPS.
239
.
instead thereof. A copy of the map or maps so prepared, with a cer-
tificate of the adoption thereof, signed by the commissioner and the
president of the board of public improvements, shall be filed in the
office of said commissioner and be open to public inspection, and
shall be the map or maps of the real estate to be acquired, subject
to such changes or modifications as the said commissioner may from
time to time deem necessary for the more efficient carrying out of
the provisions of this act. And the said board of public improve-
ments, prior to the final adoption of such map or maps, shall afford to
all persons interested a full opportunity to be heard respecting such
map or maps and the acquisition of the real estate shown thereon,
and shall give public notice of such hearing, by publishing a notice,
once in each week, for three successive weeks in the “City Record,"
and the corporation newspapers, and in two papers published in the
county or counties in which the real estate to be acquired or affected
is situated, and in two daily papers in The City of New York. At
such hearing or hearings testimony may be produced by the parties
appearing before him, in such manner as said board may determine,
and the president of said board is hereby authorized to administer
oaths and issue subpænas in any such proceeding pending
before him.
L. 1883, ch. 490, $ 2.
;
Power to enter upon lands for the purpose of making maps.
§ 487. The said commissioner, his agents, engineers, surveyors,
and such other persons as may be necessary to enable him to per-
form his duties under this act, are hereby authorized to enter upon
real estate, as the term real estate is defined in this act, and any
land or water on or contiguous to the line, course, site or track of
any pond, lake, stream, reservoir, dam, aqueduct, culverts, sluices,
canals, bridges, tunnels, pumping works, blow-offs, shafts and other
appurtenances, for the purpose of making surveys or examinations
and preparing and posting the notices required by this act.
L. 1883, ch. 490, 8 3.
Details of maps.
$ 488. After the final adoption of said map or maps the said com-
missioner shall prepare six similar maps or plans of the proposed
site of any dam, reservoir, aqueduct, sluice culvert, canal, pumping
works, bridges, tunnels, blow-offs, ventilating shafts, and other
necessary appurtenances for the proper completion of the work so
proposed by him. Upon these maps there shall be laid out and
numbered the various parcels of real estate, on, over or through
240
[S8 488-490
MAPS TO BE FILED.
which the same are to be constructed and maintained, or which may
be necessary for the prosecution of the work authorized by this act.
On said maps the natural and artificial division lines existing on the
surface of the soil at the time of the survey shall be delineated, and
there shall be plainly indicated thereon of which parcels the fee or
other interests is to be acquired. The said maps may be made and
filed in sections. One or more sections may be determined before
the maps of the whole construction are completed. The proceed-
ings hereinafter authorized may, in like manner be taken separately,
in reference to one or more of such sections, before the maps of the
whole are filed. The work upon one or more of such sections may be
begun before the maps of the remaining sections are filed. The
map or maps when adopted by the said commissioner and board of
public improvements shall be by said commissioner transmitted to
the corporation counsel, with a certificate of approval written
thereon and signed by the said commissioner and the president of the
board of public improvements.
L. 1883, ch. 490, $ 4.
Maps to be filed.
§ 489. The corporation counsel shall cause one of said maps to
be filed in the office of the clerk of each county in which any real
estate laid out on said maps shall be located, except that in any
county in which there may be a register's office, the said map shall
be filed therein, instead of with the county clerk. The fourth, fifth
and sixth maps shall be disposed of in the manner indicated in
section four hundred and ninety-five of this act.
L. 1883, cha 490, $ 5.
IL
Corporation counsel to conduct proceedings.
§ 490. After the said maps shall have been filed, as provided for
in the last section, the corporation counsel for and on behalf of The
City of New York, shall, upon first giving the notice required in the
next section of this title apply to the supreme court, at a special term
thereof to be held in the judicial district in which the real estate to
be acquired or affected is situated, for the appointment of commis-
sioners of appraisal. Upon such application he shåll present to the
court a petition, signed and verified by the said commissioner,
acording to the practice of said court, setting forth the action there-
tofore taken by said commissioner and board of public improve-
ment, and the filing of said map and praying for the appointment of
such commissioners. Such petition shall contain a general descrip-
tion of all the real estate to, in, or over which any title, interest, right
$$ 490-492] APPOINTMENT OF COMMISSIONERS.
241
or easement is sought to be acquired for the said city for the pur-
poses of this act, each parcel being more particularly described by
a reference to the number of said parcel, as given on said map; and
the title, interest or easement sought to be acquired to, in, or
over such parcel, whether a fee or otherwise, shall be stated in the
petition.
L. 1883, ch. 490, $ 6.
Notice to be given.
$ 491. The corporation counsel shall give notice in the “City
Record,” and corporation newspapers, and in two public newspapers
published in The City of New York, and in two public newspapers
published in each county in which any real estate laid out on said
maps may be located, of his intention to make application to the said
court for the appointment of such commissioners of appraisal, which
notice shall specify the time and place of such application, shall
briefly state the object of the application, and shall describe the real
estate sought to be taken or affected. A statement of the bounda-
ries of the real estate to be acquired or affected, with separate
enumerations of the numbers of the parcels to be taken, in fee, and
of the numbers of the parcels in which any interest or easement is
to be acquired, with a reference to the date and place of filing the said
map shall be sufficient description of the real estate sought to be so
taken or affected. Such notice shall be so published, once in each
week, in each of the said newspapers, for six weeks immediately pre-
vious to the presentation of such petition; and the corporation
counsel shall, in addition to the said advertisements, cause copies of
the same, in hand-bills, to be posted in at least twenty conspicuous
places in the vicinity of the real estate so to be taken or affected, at
least six weeks prior to said application.
L. 1883, ch. 490, 8 7.
Motions for appointment of commissioners of appraisal.
§ 492. At the time and place mentioned in said notice, unless the
said court shall adjourn said application to a subsequent day, and
in that event, at the time to which the same may be adjourned, the
court, upon due proof to its satisfaction of the publication and post-
ing aforesaid, and upon filing the said petition, shall make an order
for the appointment of three disinterested and competent freehold-
ers, one of whom shall reside in the county of New York, one of
whom shall reside in the county in which the real estate acquired
or affected is situated, and one of whom shall reside in the county in
which the said real estate shall be situated, or in an adjoining
16
2:42
CITY TO BECOME SEIZED. [S$ 492-495
county, as commissioners of appraisal to ascertain and appraise the
compensation to be made to the owners and all persons interested in
the real estate laid down on said maps, as proposed to be taken or
affected for the purposes indicated in this act. Such order shall fix
the time and place for the first meeting of the commissioners.
L. 1883, ch. 490, $ 8.
Commissioners to take and file oath.
§ 493. The said commissioners shall take and subscribe the oath
required by the twelfth article of the constitution, and shall forth-
with file the same in the office of the clerk of, the county in which
the real estate to be acquired or affected is situated, and shall file
certified copies of said oath in the office of the register and county
clerk of the county of New York.
L. 1883, cha 490, $ 9. ..
City to become seized of real estate.
§ 494. On filing the oath of the commissioners of appraisal, in
the manner provided by the last section, the said city of New York
shall be and become seized in fee of all those parcels of real estate
which are shown on the said map hereinbefore referred to, of which
it has been determined by the said commissioner, that the fee shall
be acquired, and shall be entitled to take and hold such interest in
the parcels of land in which it has been determined that the fee shall
not be acquired, as has been shown on said map and described in
said petition, and may immediately, upon the filing of such oaths
and such certified copies, or at any time or times thereafter, take
possession of the lands shown on said map, or any part or parts
thereof, without any suit or proceeding at law for that purpose.
L. 1883, ch. 490, $ 10.
Difference between the seizin of
land in fee and the mere acqusition
of a permanent easement, subject
to which servitude, the owners of
the land retain the fee, pointed out
in Matter of Thompson, 57 Hun
419; S. C., 32 State Rep. 969; 10 N.
Y. Supp. 705. See also The Mayor
V. Wright, 34 N. Y. State Rep. 904.
Proceedings of commissioners.
$ 495. Any one of said commissioners of appraisal may issue sub-
ponas and administer oaths to witnesses; and they, or any one of
them, in the absence of the others, may adjourn the proceedings
from time to time, in their discretion, but they shall continue to
meet, from time to time, as may be necessary to hear, consider and
determine upon all claims which may be presented to them under
$ 495] PROCEEDINGS OF COMMISSIONERS.
243
this act. In case of death, resignation, refusal, neglect or inability
to serve, of any commissioner or commissioners of appraisal, the
corporation counsel shall, upon due notice to be given by advertise-
ment in the newspapers designated in this act ten days prior to such
application, apply to the suprenie court, at a special term thereof, to
be held in the judicial district in which the real estate is situated,
for the appointment of one or more commissioners to fill the vacancy
or vacancies so occasioned. Whenever the commissioners meet,
except by appointment of the court, or pursuant to adjournment,
they shall cause reasonable notice to be given to the attorneys for
such parties who have appeared. It shall be the duty of the com-
missioners of appraisal to procure from the corporation counsel the
fourth, fifth and sixth copies of the maps provided for in this act.
They shall view the real estate laid down on said maps, and shall
hear the proofs and allegations of any owner, lessee or other person
in any way entitled to, or interested in said estate, or any part or
parcel thereof, and also such proofs and allegations as may be
offered on behalf of The City of New York. They, or a majority of
them, shall also determine the height to which the waters of any
lake, pond or natural stream concerning which such proceedings
were instituted may be raised and the point to which such waters
may be drawn down by The City of New York, such determination
to be made before any award of damages shall be made on account
of such proposed raising or depressing of such waters, and they shall
also determine what sum shall be paid to the general or special
guardian or committee of an infant, idiot, or person of unsound
mind, and to the attorney appointed by the court to attend to the
interests of any unknown owner or party in interést, or to the attor-
ney or guardian of any party in interest whose interests are
unknown or the interest of any person or persons not in being. They
shall reduce the testimony, if any, taken before them, to writing,
and after the testimony is closed, they, or a majority of them, all
having considered the same, and having an opportunity to be pres-
ent, shall, without unnecessary delay, ascertain and determine the
just compensation which ought justly to be made by The City of
New York to the owners, or the persons interested in the real estate
sought to be acquired or affected by said proceedings. The said
commissioners of appraisal shall make reports of their proceedings
to the supreme court, as in the next section provided, with the
minutes of the testimony taken by them, if any, and they shall be
entitled to the payments hereinafter provided for their services and
expenses, to be paid from the fund herein provided.
L. 1883, cha 490, $ 11.
244
[SS 496, 497
REPORT OF COMMISSIONERS.
(a) The commissioners appointed
to make appraisal are not entirely
bound by the oral testimony, and
their report must stand unless it is
apparent that the sum awarded is
so grossly inadequate as to afford
evidence of partiality, fraud or un-
due influence; an award will not
be set aside on appeal except in ex-
treme cases where it appears that
the commissioners fell into some
error in their estimates or adopted
some erroneous principle. Matter
of Gilroy, 78 Hun, 260.
Commissioners to prepare report.
$ 496. The said commissioners shall prepare a report, and a true
copy or copies thereof, as may be required, 0 which shall be
respectively annexed the fourth and fifth copies, and, if required,
the sixth copy of the maps referred to in this act. The said report
shall contain a brief description of the several parcels of real estate
so taken or affected, with a reference to the map as showing the loca-
tion and boundaries of each parcel; a statement of the sum estimated
and determined upon by them as a just compensation to be made by
the city to the owners of or persons entitled to or interested in each
parcel so taken or affected, and a statement of the respective
owners of or persons entitled thereto or interested therein; but in all
and each and every case and cases, where the owners and parties
interested, or their respective estates or interests are unknown, or
not fully known, to the commissioners of appraisal, it shall be suf-
'ficient for them to set forth and state, in general terms, the respect-
ive sums to be allowed and paid to the owners of and parties inter-
ested therein generally, without specifying the names or estates or
interests of such owners or parties interested, or any or either of
them. They shall also recommend such sums as shall seem to them
proper to be allowed to the parties or attorneys appearing before
them, as costs, counsel fees, expenses and disbursements, including
reasonable compensation for witnesses.
L. 1883, ch. 490, 8 12.
(a) The report awarding dam-
ages to owners of, and persons in-
terested in, lands need not state
separately the sum awarded for the
land actually taken, and the sum
awarded for damages to contiguous
real estate. Matter of Thompson,
45 Hun 261; Matter of Campbell,
41 Hun 643.
Report to be filed.
$ 497. Said report signed by the commissioners, or a majority of
them, shall be filed in the office of the clerk of the county in which
the real estate is situated: The commissioners of appraisal shall
notify the corporation counsel as soon as the said report is filed.
| L. 1883, ch. 490, 8 13.
S8 498-500] CONFIRMATION OF REPORT.
245
Notice of motion to confirm report.
$ 498. The corporation counsel, or in case of his neglect to do so
within ten days after receiving notice of such filing, then any person
interested in the proceedings, shall give notice that the said report
will be presented for confirmation to the supreme court, at a special
term thereof, to be held in the judicial district in which the real
estate is situated, at a time and place to be specified in said notice.
The said notice shall contain a statement of the time and place of
the filing of the report, and shall be published in each of the news-
papers referred to in section four hundred and ninety-one of this
act, once in each week, for at least four weeks immediately prior to
the presentation of said report for confirmation.
L. 1883, cha 490, $ 14.
1
Confirmation of report.
$ 499. The application for the confirmation of the report shall be
made to the supreme court, at a special term thereof, held in the
judicial district in which the real estate is situated. Upon the hear-
ing of the application for the confirmation thereof, the said court
shall confirm such report, and make an order, containing a recital
of the substance of the proceedings in the matter of the appraisal,
with a general description of the real estate appraised, and for which
compensation is to be made; and shall also direct to whom the
money is to be paid, or in what trust company it shall be deposited
by the comptroller of The City of New York. Such report, when
so confirmed, shall (except in the case of an appeal, as provided in
section five hundred and five of this act) be final and conclusive as
well upon the said City of New York as upon the owners and all
persons interested in or entitled to said real estate; and also upon all
other persons whomsoever.
L. 1883, cha 490, $ 15.
(a) The order confirming report
of commissioners, while it stands
unreversed, is conclusive upon two
adverse claimants of the damages
awarded, and no inquiry while such
order stands can be made collater-
ally into the respective rights of
the parties. Farrington 7. The
Mayor, 83 Hun 124.
Payment of awards.
$ 500. The said city of New York shall, within four calendar
months after the making and entry of the order confirming the
report of the commissioners of appraisal, pay to the respective own-
ers and bodies, politic or corporate, mentioned or referred to in said
report, in whose favor any sum or sums of money shall be estimated
and reported by said commissioners, the respective sum or sums
246
PAYMENT OF AWARDS. [$ 500, 501
so estimated and reported in their favor respectively, with lawful
interest thereon, from the date of filing the oath of said commis-
sioners and certified copies thereof, as by this act required. And
in case of neglect or default in the payment of the same within the
time aforesaid, the respective person or persons, or bodies, politic
or corporate, in whose favor the same shall be so reported, his, her
or their executors, administrators, legal representatives or suc-
cessors, at any time or times, after application first made by him, her
or them, to the comptroller of The City of New York for pay-
ment thereof, may sue for and recover the same, with lawful interest,
as aforesaid, and the costs of suit in any proper form of action
against the said city of New York in any court having cognizance
thereof, and in which it shall be sufficient to declare generally for so
much money due to the plaintiff or plaintiffs therein by virtue of this
act, for real estate taken or affected for the purposes herein men-
tioned, and the report and order confirming report of said commis-
sioners, with proof of the right and title of the plaintiff or plain-
tiffs to the sum or sums demanded shall be conclusive evidence
in such suit or action, and entitle plaintiff to judgment therein.
L. 1883, ch. 490, $ 16.
Sum awarded to be deposited in certain cases.
- $ 501. Whenever the owner or owners, person or persons inter-
ested in any real estate taken or affected in such proceedings, or in
whose favor any such sum or sums or compensation shall be so
reported, shall be under the age of twenty-one years, of unsound
mind, or absent from the state of New York, and also in all cases
where the name or names of the owner or owners, person or per-
son!s interested in any such real estate shall not be set forth or men-
tioned in the said report, or where the said owner or owners, person
or persons, being named therein cannot, upon diligent inquiry, be
found or where there are adverse or conflicting claims to the money
awarded as compensation, it shall be lawful for the said city of New
York to pay the sum or sums mentioned in the said report, payable,
or that would be coming to such owner or owners, person or per-
sons respectively, with interest aforesaid, into such trust company
as the court may, in the order of confirmation, direct to the credit
of such owner or owners, person or persons, and such payment shall
be as valid and effectual, in all respects, as if made to the said owner
or owners, person or persons interested therein respectively them-
selves, according to their just rights; and provided, also, that in all
and each and every such case and cases where any such sum or
sums, or compensation, reported by the commissioners in favor of
S Š 501, 502]
247
PRESENTATION OF CLAIMS.
any person or persons, or party or parties, whatsoever, whether
named or not named in the said report, shall be paid to any person
or persons, or party or parties, whomsoever, when the same shall of
right belong and ought to have been paid to some other person or
persons, or party or parties, it shall be lawful for the person or per-
sons, or party or parties to whom the same ought to have been paid,
to sue for and recover the same, with lawful interest and costs of
suits, as so much money had and received to his, her or their use, by
the person or persons, party or parties respectively. to whom the
same shall have been so paid.
L. 1883, cha 490, $ 17.
Who may present claim before commissioner.
§ 502. Every owner or person in any way interested in any real
estate taken, affected or entered upon and used and occupied for the
purposes contemplated by this act, and any owner or person inter-
ested in real estate contiguous thereto, and which is affected by the
acquisition, use or occupation of the real estate shown on said map,
whether such contiguous real estate is shown on the maps or not,
if he or they intend to make claim for compensation for such taking,
entering upon, using or occupying, shall, within one year after the
appointment of the commissioners of appraisal, exhibit to the said
commissioners a statement of claim, and shall thereupon be entitled
to offer testimony and to be heard before them touching such claim,
and the compensation proper to be made, and to have a determina-
tion made by such commissioners of appraisal as to the amount of
such compensation. Every person, corporation, or body politic,
neglecting or refusing to present such claim within said time shall
be deemed to have surrendered his, her or its title or interest in such
real estate or his, her or its claim for damages thereto, except so far
as they may be entitled, as such owner or person interested, to the
whole or a part of the sum of money awarded by the commissioners
of appraisal as a just compensation for taking, using and occupying,
or as damages for affecting the real estate owned by said person,
corporation, or body politic.
L. 1883, ch. 490, $ 18.
(a) Compensation can only be
awarded to the owners of land con-
tiguous to real estate taken for the
purposes of the section, for perma-
nent injuries arising from the com-
pleted works and their use there-
after; and does not impose any lia-
bility upon the city for temporary
inconvenience occasioned to ad-
jacent lot owners from the prose-
cution of the work and during the
course of construction Matter of
Squire, 125 N. Y. 131; S. C., 34 N. Y.
State Rep. 721, affi'g 32 Id. 716;
S. C., 10 Ñ. Y. Supp. 881. To same
effect, see Matter of Thompson, 43
Hun 416.
248
[S$ 503-505
APPEALS FROM CONFIRMATION.
City protected by payment.
§ 503. Payment of the compensation awarded by said commis-
sioners of appraisal to the person or persons, corporation, or body
politic named in their report (if not infants or persons of unsound
mind) shall, in the absence of notice to The City of New York of
other claimants to such award, protect the said city of New York.
L. 1883, ch. 490, $ 19.
A
Separate reports may be made.
$ 504. Said commissioners of appraisal may, in their discretion,
take up any specified claim or claims, and finally ascertain and
determine the compensation to be made thereon, and make a sep-
arate report with reference thereto, annexing to said report a copy
of so much of the maps as displays the parcel or parcels so reported
on. Such report shall, as to the claims therein specified, be the
report required in this act, and the subsequent action with refer-
ence thereto shall be had in the same manner as though no other
claim was embraced in said proceeding, which, however, shall con-
tinue as to all claims upon which no such determination and report
is made.
L. 1883, ch. 490, $ 20.
Proceedings in case of an appeal.
$ 505. Within twenty days after the making, entry and service
of the order confirming the report of the commissioners of appraisal,
as provided for in this act, of which notice may, as to the parties
who have not appeared before the commissioners, be given in the
manner provided in this act, either party may appeal by notice, in
writing, to the appellate division of the supreme court of the judicial
department in which the real estate described in said petition and
shown on said map is situated. Such appeal shall be heard, on due
notice thereof being given, according to the rules and practice of
the said court, and pending such appeal the comptroller of The City
of New York shall deposit in such trust company as the court shall
direct, the amount of the award, with interest to the date of such
deposit, and the funds so deposited shall remain with the trust com-
pany, subject to the further order of the court. On the hearing of
such appeal the court may direct a new appraisal and determination
by the same or new commissioners, in its discretion, and either
party, if aggrieved, may take a further appeal, which shall be heard
and determined by the court of appeals. In the case of a new
appraisal the second report shall be final and conclusive on all par-
ties and persons interested. If the amount of compensation to be
SS 505-507]
249
AGREEMENTS WITH Owners.
made by the said city is increased by the second report, the differ-
ence shall be paid by the comptroller of The City of New York to
the parties entitled to the same, or shall be deposited, as the court
may direct; and if the amount is diminished, the difference shall be
refunded to the said city of New York by the trust company. But
the taking of an appeal by any person or persons shall not
operate to stay the proceedings under this act, providing such
award and interest have been deposited. Such appeal shall be heard
upon the evidence taken and proceedings had before such
commissioners.
L. 1882, ch. 490, $ 21.
Upon appeal under this section
to the court of appeals, the juris-
diction of the latter is governed by
the general rules of law governing
appeals to that court, and such an
appeal does not bring up for re-
view a question of fact arising
upon conflicting evidence. - Matter
of Thompson, 121 N. Y. 277, affi'g
45 Hun 261; Matter of Same, 127
Id. 463.
How defects may be remedied.
$ 506. The supreme court of the judicial district in which the
real estate is situated shall have power at any time to amend any
defect or informality in any of the special proceedings authorized
by this act as may be necessary, or to cause other property to be
included therein, and to direct such further notices to be given to
any party in interest, as it deems proper, and also to appoint other
commissioners in place of any who shall die or refuse or neglect to
serve, or be incapable of serving, or be removed. And the said
court may, at any time, remove any of said commissioners of
appraisal who, in their judgment, shall be incapable of serving, or
who shall, for any reason in their judgment be an unfit person to
serve as such commissioner. The cause of such removal shall be
specified in the order making the same. If, in any particular, it
shall, at any time, be found necessary to amend any pleading, or
proceeding, or to supply any defect therein, arising in the course of
any special proceeding authorized by this act, the same may be
amended or supplied in such manner as shall be directed by the
supreme court, which is hereby authorized to make such amendment
or correction.
| L. 1883, ch. 490, $ 22.
Agreements with owners of real estate.
$ 507. The said commissioner of water supply, subject to
the approval of the board of public improvements, may agree
with the owners or persons interested in any real estate
250
COMPENSATION OF COMMISSIONERS. [SS 507, 508
laid down on said maps as to the amount of compensation
to be paid to such owners or persons interested for the tak-
ing or using and occupying such real estate. And in case
any such real estate shall be owned, occupied or enjoyed
by the people of this state, or by any county, town or school
district within this state, such rights, titles, interests or properties
may be paid for upon agreement respectively with the commissioners
of the land office, who shall act for the people of the state, with
a chairman and a majority in numbers of the board of supervisors
of any county, who shall act for such county, and with the super-
visor and commissioners of highways in any town, who shall act for
such town, and with the trustees of any school district, who shall
act for such district, and with the president and a majority of the
board of trustees of any incorporated village. The commissioners
of the land office shall have power to grant to the said city any real
estate belonging to the people of this state which may be required
U
i
agreed on between them and the said commissioners; and if any
real estate of any county, town, or school district is required by said
city for the purpose of this act, the majority of the board of super-
visors, acting for such county, or the supervisors of any such town,
with the commissioners of highways therein, acting for such town,
or the trustees of any school district, acting for such district, or the
president and majority of trustees of any incorporated village, may
grant or surrender such real estate for such compensation as may be
agreed upon between such officers respectively and the said
commissioners.
L. 1883, chi. 490, § 23.
Compensation and expenses of commissioners.
$ 508. The commissioners of appraisal, appointed in pursuance
of this act, shall receive as compensation for their services the sum
of ten dollars per day for each day upon which the said commis-
sioners shall be actually and necessarily employed in the
performance of the duties imposed upon them by this act. They
may employ the necessary clerks and stenographers. The corpora-
tion counsel shall, either in person or by such counsel as he shall
designate for the purpose, appear for and protect the interests of the
city in all such proceedings in court and before the commissioners.
The fees of the commissioners, and the salaries and compensation
of their employes, and their necessary traveling expenses, and all
other necessary expenses in and about the special proceedings pro-
vided by this act, to be had for acquiring title or extinguishing
claims for damages to real estate, and such allowances for counsel
1
SS 508–512] JURISDICTION OF STATE BOARD OF HEALTH. 251
fees, expenses and witness fees as may be recommended by the com-
missioners and ordered paid by order of the court, shall be paid by
the comptroller of The City of New York, out of the funds herein-
after provided, when they have been taxed before a justice of the
supreme court in the judicial district in which the real estate is sit-
uated, upon five days' notice to the corporation counsel.
L. 1883, ch. 490, $ 31.
Issue of bonds. .
$ 509. The comptroller of The City of New York is hereby
authorized and directed to raise, from time to time, on bonds of said
city, in addition to the amounts which he is now authorized to raise
for such purposes, such sums of money as shall be sufficient to pay
for any real estate, or for the extinguishment of any right, title, or
interest therein acquired, and all damages appraised to persons
interested therein, together with all expenses necessarily incurred in
acquiring title to such real estate, or in extinguishing claims for
damages thereto, and for all other expenditures herein authorized.
| L. 1883, ch. 490, 8 32.
1
Description of bonds.
§ 510. The bonds to be issued by the comptroller of The City of
New York in pursuance of this title shall be called “Corporate stock
of The City of New York," and shall be issued in the manner herein-
before provided for the issue of corporate stock, subject, however,
to the limitations of the state constitution. And the municipal assem-
bly of said city is hereby authorized and directed to raise, from time
to time, by tàx upon the estates, real and personal, subject to taxa-
tion in The City of New York, the sum or sums of money which may
be required to pay the interest on said bonds and to redeem them at
maturity.
Jurisdiction of state board of health.
§ 511. Any lake or reservoir constructed or maintained under the
provisions of this act shall be subject to such sanitary regulations as
the state board of health shall prescribe.
| L, 1883, ch. 490, $ 35.
Highways and bridges.
$ 512. The City of New York is hereby required to build and con-
struct such highways and bridges as may be made necessary by
the construction of any reservoir in the counties of Westchester,
Putnam, Queens or Suffolk under this act, and to repair and forever
252 DEVOLUTION OF POWERS OF FORMER BOARDS. [98 512-517
maintain such additional bridges as may be made necessary by the
construction of such reservoir or reservoirs.
L. 1883, ch. 490, 8 36.
Account of expenditure to be filed in comptroller's office.
§ 513. The said commissioner of water supply shall, in every cal-
endar month, file in the office of the comptroller of The City of New
York an account of all expenditures made by him, or under his
authority, and of all liabilities incurred by him, during the preceding
month, and an abstract of each such account shall be published in
the City Record.
L. 1883, cha 490, 8 39.
Limit within which Lake Mahopac may not be drawn down.
§ 514. Nothing herein contained shall authorize or empower or
permit any water in excess of the ordinary flow thereof to be drawn
from Lake Mohopac, in the town of Carmel, Putnam county,
between the first days of March and September in any year.
Present proceedings to be continued.
$ 515. All proceedings pending at the time this act takes effect
for the acquisition of title to or the extinguishment of rights in real
estate for any of the purposes in this title specified, shall be con-
tinued and prosecuted to a conclusion according to the respective
provisions of law under which said proceedings may have been
begun, and as to all such proceedings this act shall not be deemed
applicable.
Id.; corporations authorized to use ground under streets, etc.
$ 516. All persons acting under the authority of The City of New
York shall have the right to use the ground or soil under any street,
highway or road within this state for the purpose of introducing
water into The City of New York, on condition that they shall cause
the surface of said street, highways, or roads to be restored to its
original state, and all damages done thereto shall be repaired.
Devolution of powers of former boards.
$ 517. For all the purposes of this act all of the rights, powers,
privileges, duties and obligations, heretofore created by law or other-
wise, of the city of Brooklyn, or of any of its departments or officers
respecting the water-works of said city are, so far as they are con-
sistent with the provisions of this act, hereby vested in The City of
New York, as constituted by this act, and as matter of administra-
88 517, 518] POWERS OF NEW AQUEDUCT COMMISSIONERS. 253
tion devolved upon the commissioner of water supply of The City
of New York to be by him exercised in accordance with the provis-
ions, directions and limitations of this act, and all of the rights,
powers, privileges, duties and obligations of Long Island City, or of
any or either of its departments or officers, or of any town, village
or district in any of the territory hereby annexed to the corporation
heretofore known as the mayor, aldermen and commonalty of the
City of New York, and by this act consolidated into one city, in
respect to any of the public water-works or the public water system,
or the public water supply thereof; the sale and distribution of the
same, are hereby vested in The City of New York, and for the pur-
pose of administration are hereby devolved upon the said commis-
sioner of water supply of The City of New York, to be by him exe-
cuted pursuant to the provisions, directions and limitations of
this act.
Legal effect of act.
$ 518. Nothing in this act contained shall be deemed or con-
strued to repeal, or in any wise affect chapter four hundred and
ninety of the laws of eighteen hundred and eighty-three, entitled
"An act to provide new reservoirs, dams and a new aqueduct with
the appurtenances thereto for the purpose of supplying The City of
New York with an increased supply of pure and wholesome water,"
or the several acts amendatory thereof, but the said act and its
amendments shall remain in full force and effect, provided that the
commissioners therein specified, shall not hereafter begin the con-
struction of any new work, except such as may be properly and
necessarily appurtenant to work, the construction of which has been
begun before the date upon which this act takes effect. The term
of office of the commission appointed and existing under the afore-
said act shall cease and determine on the first day of January, nine-
teen hundred and one, and thereupon all papers, documents and
records in possession of the aqueduct commission shall be delivered
to the commissioner of water supply, who shall continue and com-
plete, in the manner provided by this act, all work of every kind and
description whatsoever left uncompleted by the said commission.
See L. 1883, ch. 490
154
[SS 523, 524
COMMISSIONER OF HIGHWAYS.
TITLE 5.
DEPARTMENT OF HIGHWAYS.
Sec. 523. Commissioner of highways; appointment, term, salary.
524. Id.; jurisdiction.
525. Permit from department of highways necessary for removals of
pavements, etc.; procedure in case of pavements relaid, etc.
526. The office of commissioner of street improvements in the
twenty-third and twenty-fourth wards abolished; devolution
of power.
527. Devolution of powers of former boards.
Commissioner of highways; appointment, term, salary.
$ 523. The head of the department of highways shall be called
the commissioner of highways. He shall be appointed by the mayor
and hold office as provided in chapter four of this act. His salary
shall be seven thousand five hundred dollars a year.
See $ 100, ante.
Id.; jurisdiction.
$ 524. The commissioner of highways shall have cognizance and
control:
1. Of regulating, grading, curbing, flagging and guttering of
streets and laying of cross-walks.
2. Of constructing and repairing public roads.
3. Of paving, repaving, resurfacing and repairing of all streets,
and of the relaying of all pavements removed for any cause.
4. Of the laying or relaying of surface railroad tracks in any
public street or road, of the form of rail used, or character of foun-.
dation, and the method of construction, and of the restoration of
the pavement or surface after such work.
5. Of the filling of sunken lots, fencing of vacant lots, digging
down lots, and of licensing vaults under sidewalks.
6. Of recommending to the board of public improvements, ordi-
nances relating to any of the matters within the province of his
department. He shall make an annual report of the business and
transactions of his department to the mayor.
(7) Of the removal of incumbrances.
(8) Of the issue of permits to builders and others to use the
streets, but not to open them.
See L. 1882, ch. 410, 88 315-348.
(a) It is the duty of a city to
keep its streets and sidewalks in a
reasonably safe condition, and for
the failure or neglect of its officials
to repair defective sidewalks the
city will be liable for injuries re-
$ 524]
255
LIABILITY OF CITY FOR NEGLIGENCE.
sulting therefrom. Clemence v.
City of Auburn, 66 N. Y. 334; Sauls-
bury v. City of Ithaca, 94 Id. 27, 30;
Davenport v. Ruckman, 37 N. Y.
568; Bullock v. Mayor, 99 N. Y. 654;
Kirk v. Village of Homer, 77 Hun,
459; S. C., 28 N. Y. Supp. 1009;
Dougherty v. Trustees of Village of
Horseheads, 73 Hun, 443; S. C., 28
N. Y. Supp. 642; Higgins v. Village
of Glens Falls, 57 Hun, 594; S. C.,
11 N. Y. Supp. 289; Lehn v. City of
Brooklyn, 143 N. Y. 674, affi'g 19
N. Y. Supp. 668; Stebbins v. Village
of Oneida, 52 Hun, 613; S.C., 5 N. Y.
Supp. 483; McSherry v. Trustees of
Canandaigua, 129 N. Y. 612, affi'g 59
Hun, 616; s. C., 12 N. Y. Supp. 751;
Lehn v. City of Brooklyn, 19 N. Y.
Supp. 668, affi'd in 143 N. Y. 674;
Stone v. City of Troy, 60 Hun, 580;
S. C., 14 N. Y. Supp. 616; Levasseur
V. Village of Haverstraw, 62 Hun,
627; S. C., 18 N. Y. Supp. 237.
(6) The fact that the primary
duty in keeping a sidewalk in re-
pair is upon the abutting owner,
constitutes no defense to an action
against a city for injuries occa-
sioned by a defect in its streets.
Wallace v. The Mayor, 18 How. Pr.
169; Reinhard v. Same, 2 Daly 243;
Niven v. City of Rochester, 76 N.
Y. 619; Koch v. Village of Edge-
water, 18 Hun, 407; Avery v. City
of Syracuse, 29 Id. 537; Tewhurst
V. City of Syracuse, 108 N. Y. 303.
Urquhart v. City of Ogdensburg,
97 Ñ. Y. 238.
(c) A city is not liable for the
negligence of a contractor em-
ployed by a property-owner to
grade his sidewalk, in accordance
with a resolution requiring it to be
done. Sweet v. Gloversville, 12
Hun, 302.
(d) The city is bound to keep its
streets and highways free from ob-
structions, and for the omission or
neglect of its agents in so doing it
will be held liable to a person suf-
fering injuries therefrom. Petten-
gill v. „City of Yonkers, 116 N. Y.
558; Turner v. The City of New-
burgh, 109 N. Y. 301; Rehberg v.
Mayor, 99 N. Y. 652; Magee v. City
of Troy, 48 Hun, 383; s. C., 1 N. Y.
Supp. 24; Kane v. City of Troy, 48
Hun, 619; 1 N.'Y. Supp. 536; Fitch
v. Mayor, 2.N. Y. Supp. 700, affi'd
119 N. Y. 608; Kuntz V., City of
Troy, 48 Hun, 619; S. C. 1 N. Y.
Supp. 596; Byrne v. City of Syra-
cuse, 79 Hun, 555; S. C., 29 N. Y.
Supp. 912; Tiers v. Mayor, 74 Hun,
452; s. C., 26 N. Y. Supp. 688; kar-
ris v. Village of Green Island, 60
Hun, 580; S. C., 14 N. Y. Supp. 703;
l'rankel v. Mayor, 2 N. Y. Supp.
294; Winters v. Mayor, 15 Daly, 102;
S. C., 2 N. Y. Supp. 695; Gottsberger
v. Mayor, 29 N. Y. Supp. 592; s. C.,
9 Misc. Rep. 349.
(e) But in order to charge a mu-
nicipal corporation with damages
occasioned by a defect in, or ob-
struction of, one of its streets, it
must be made to appear that it
was the result of some act, or of
some neglect or omission of duty
on its part, or that of its servants
or agents. Gorham v. The Trustees
of Village of Cooperstown, 59 N. Y.
660.
(f) A person using a public street
has no reason to apprehend danger,
but he may walk or drive by day
or night, relying upon the assump-
tion that the corporation, whose
duty it is to keep the streets in a
safe condition for travel, have per-
formed that duty, and that he is
exposed to no danger from its ne-
glect. Pettengill v. City of Yon-
kers, 116 N. Y. 558; Sherman v.
Village of Oneonta, 66 Hun, 629;
S. C., 21 N. Y. Supp. 137; affi'd in
142 N. Y. 637.
(0) A city is liable for injuries
by the accumulation of ice upon its
streets. Todd v. City of Troy, 61
N. Y. 506; Pomfrey v. Village of
Saratoga Springs, 104 Id. 459.
(h) But à city is not bound to
keep its sidewalks absolutely free
from ice, and while it may be lia-
ble to a traveler for injuries
caused by an accumulation of ice
rendering a sidewalk unsafe, where
the circumstances are such as to
charge it with a neglect of duty, to
impose such liability something
more must be shown than the sim-
ple fact that there was ice upon
the sidewalk, rendering it slippery.
Kinney v. City of Troy, 108 N. Y.
567.
(i) Cases in which a city has
been held liable for injuries caused
by ice or snow upon its streets.
Provost v. Mayor, 15 Daly, 87; S. Con
3 N. Y. Supp. 531, afa'd in 117 N. Y.
626; Ney v. City of Troy, 50 Hun,
604, affi'd 123 N. Y. 628; Jones v.
City of Troy, 52 Hun, 610; S. C., 4
N. Y. Supp. 792, affi'd in 127 N. Y,
256
[$ 525
PERMIT FOR. REMOVAL OF PAVEMENT.
671; Corbett v. City of Troy, 53 (n) Notice to a policeman of an
Hun, 228; S. C., 6 N. Y. Supp. 381; unlawful obstruction in the streets
Ayres v. Village of Hammondsport, of New York City is notice to the
130 N. Y. 665, affi'g 54 Hun, 635; city, and the city is chargeable
S. C., 7 N. Y. Supp. 174.
with any neglect on his part to
(1) Instances in which a city has make proper observation or in-
been held not liable for injuries oc- quiry, or for any negligence in per-
casioned by its failure to remove mitting the obstruction to exist.
ice or snow from the streets. Kin Rehberg v. Mayor, 91 N. Y. 137;
ney v. City of Troy, 108 N. Y. 567; rev'g 12 Weekly Dig. 502. To same
Taylor v. City of Yonkers, 105 Id. effect see Twogood v. Mayor, 102
202; Gram v. Village of Greenbush, N. Y. 216; rev'g 12 Daly, 220.
3 N. Y. Supp. 76; O'Connor v. (0) Notice to a city of a defect
Mayor, 16 Daly, 58; S. C.., 8 N. Y. in a sidewalk may be inferred from
Supp. 530; Kaveny v. City of Troy, the length of time the defect has
59 Hun, 618; S. C., 13 N. Y. Supp. existed. Smith v. Mayor, 66 N. Y.
213; Winne v. City of Albany, 61 295; Rehberg v. Mayor, 91 Id. 137;
Hun, 620; s. C., 15 N. Y. Supp. 423; Pomfrey v.s Village of Saratoga
Johnson v. Village of Glens Falls, Springs, 104 Id. 459; Lynch v. City
62 Hun, 618; S. C., 16 N. Y. Supp. of Buffalo, 6 Misc. 583; S. C., 27 N.
585; Lawless v. City of Troy, 63 Y. Supp. 303.
Hun, 632; s. C., 18 N. Y. Supp. 506; (b) What period of time held
Durr v. Village of Green Island, 71 sufficient to charge a city with no-
Hun, 260; S. C., 24 N. Y. Supp. 1014; tice of a defect or obstruction in
King v. City .of Buffalo, 72 Hun, the streets. Foels v. Town of Ton-
541; S. C., 25 N. Y. Supp. 445; Peard awanda, 75 Hun, 363; S. C., 27 N. Y.
v. City of Mt. Vernon, 83 Hun, 250; Supp. 113; Briel v. City of Buffalo,
S. C., 31 N. Y. Supp. 395.
90 Hun, 93; S. C., 35 N. Y. Supp.
(k) The city is not absolved from 359; Reich v. The Mayor, 12 Daly,
liability by the fact that an ob 72; s. c., 17 Weekly Dig. 140; Mat-
struction was caused by a contrac ter of Newburgh, 32 Hun, 24, affi'd
tor with the city, who, by his con- 105 N. Y. 668; Foley v. City of Troy,
tract, is bound to properly guard - 45 Hun, 396; Davis v. Kingston, 5
the street or to place warning N. Y. Supp. 506; Colburn v. Village
lights. Pettengill v. City of Yon of Canandaigua, 15 N. Y. State Rep.
kers, 116 N. Y. 558.
668; Corbett v. City of Troy, 53
(1) The same principle applied to Hun, 228; S. C., 6 N. Y. Supp. 381;
a case of a failure of a builder to Keane v. Village of Waterford, 29
properly light and guard building
N. Y. State Rep. 340; S. C., 8 N. Y.
materials. Magee v. City of Troy.
Supp. 790; affi'd in 41 N. Y. State
48 Hun, 383; s. C., 1 N. Y. Supp. 24,
Rep. 291; O'Connor v. Mayor, 16
affi'd 119 N. Y. 640.
Daly, 58; S. C., 29 N. Y. State Rep.
(m) A city cannot be held liable
502; 8 N. Y. Supp. 530; Harrington
for an obstruction placed in its
streets by a stranger, of which it
v. City of Buffalo, 121 N. v. 147;
has no notice, express or implied.
rev'g 18 N. Y. State Rep. 425; S. Cog
Seaman v. Mayor, 3 Daly, 147; Grif- 2 N. Y. Supp. 333.
fin v. Mayor, 9 N. Y. 456; Bush v. (q) See cases cited under $ 49, ante.
City of Geneva, 3 Sup. (T. & C.) 409.
Permit from department of highways necessary for removals of pave-
ments, etc.; procedure in case of pavements relaid, etc.
$ 525. No removal of the pavement or disturbance of the surface
of any street for the purpose of constructing vaults or lateral ways,
digging cellars, laying foundations of buildings or other structures
making sewer connections, or repairing sewers or pipes, of laying
down gas and water pipes, steam pipes and electric wires, or intro-
ducing the same into buildings, or for any purpose whatever, shall
$8 525, 526] POWER OF COMMISSIONER.
257.
be made until a permit is first had from the department of highways;
and whenever any portion of the pavement in any street or avenue
in said city shall have been removed for any of these purposes, and
such pavement shall not be relaid in a manner satisfactory to the
commissioner, the said commissioner may cause a notice, in writing,
to be served upon the person or corporation by whom the same was
removed; or if such removal was for the purpose of making con-
nection between any house or lot, or any sewer or pipes in the street,
or for constructing vaults, or otherwise improving any house or lot,
upon the owner or occupant of such house or lot, requiring such
person or corporation, or the owner or occupant of such house or
lot, to have such pavement properly relaid within five days after
service of such notice. Such notice may be served upon the owner
or occupant of a house or lot by leaving the same with any person
of adult age upon said premises, or posting the same thereupon; in
case such pavement, or portion thereof, shall not be relaid to the
satisfaction of said commissioner within the time specified in such
notice, it shall be lawful, and authority is hereby given to said com-
missioner, to have such pavement, or the portion thereof which shall
have been so unsatisfactorily laid, put in proper order and repair,
in such manner as the commissioner may deem best, on account of
the person or corporation by whom such pavement was removed, or
of the owner of the premises for whose benefit such removal was
made. Upon the costs of such work being certified to the comp-
troller of The City of New York by the said commissioner, with
a description of the lot or premises to improve which such removal
was made, said comptroller shall pay the same, and the amount so
paid shall become a lien and charge upon the premises so described,
and, on being certified by the comptroller to the collector of assess-
ments and arrears, may be collected in the same manner that arrears
and water rates are collected under the direction of such collector
of assessments and arrears. But nothing herein contained shall be
deemed to prohibit said commissioner from demanding, before
issuing said permit, and as a condition thereof, the deposit of such
sum of money or other security as, in his judgment, may be neces-
sary to pay the cost of properly relaying the pavement so removed,
together with the expense of the inspection thereof.
JL. 1882, ch. 410, 88 322, 323.
See People ex rel. Standard Gas Light Co. v. Daly, 75 Hun, 186.
The office of commissioner of street improvements in the twenty-third
and twenty-fourth wards abolished; devolution of powers. .
$ 526. The office of commissioner of street improvements of the
TIU
258
DEVOLUTION OF POWERS AND DUTIES. [SS 526, 527
twenty-third and twenty-fourth wards of The City of New York,
created by chapter five hundred and forty of the laws of eighteen
hundred and ninety, is hereby abolished, and all the powers, privi-
leges and duties of the said commissioner of street improvements
for the said twenty-third and twenty-fourth wards, which in any
way relate to the regulating, grading, regrading, curbing, flagging
and guttering of streets, laying of crosswalks, the constructing and
· repairing of public roads, paving, repairing and repaving of all
streets and the relaying of all pavements removed for any cause, of
the filling of sunken lots, are hereby, so far as the same are con-
sistent with the requirements of this act, devolved upon the commis-
sioner of highways of The City of New York, and are to be exer-
cised and performed by him according to the provisions of this act.
Devolution of powers of former boards.
$ 527. All powers and duties conferred upon the corporation
heretofore known as the mayor, aldermen and commonalty of The
City of New York, or upon any board or officer thereof, or upon the
corporation known as the city of Brooklyn, or upon any board or
officer thereof, or upon the corporation known as Long Island City,
or upon any board or officer thereof, and upon any other municipal
corporation, town or village, within the county of Richmond, or
within so much of the territory of the county of Queens as is by
this act annexed to the municipal corporation known as the mayor,
aldermen and commonalty of The City of New York, and con-
solidated into the municipality known as The City of New York, in
any way relating to the regulating, grading, regrading, curbing,
flagging and guttering of streets, the laying of crosswalks, the con-
structing and repairment of public roads, paving, repaving and
repairing of all streets, and the relaying of all pavements removed
for any cause, the filling of sunken lots, and all matters directly
related thereto, are hereby vested in The City of New York, as con-
stituted by this act, and as matter of administration devolved upon
the commissioner of highways, and by him are to be executed pur-
suant to the provisions, directions and limitations of this act.
TITLE 6.
DEPARTMENT OF STREET CLEANING..
Sec. 533. Commissioner, appointment, term and salary.
534. Id.; jurisdiction.
535. Streets; what streets and wharves not included.
536. Street cleaning department; members of clerical and uniformed
forces.
SS 533, 534] COMMISSIONER OF STREET CLEANING.
259
SEC. 537. Id.; removal of members of; clerical and uniformed forces.
538. Menibers of department not liable to military or jury duty.
539. Division of streets into districts; allotment of sweepers.
540. Department of docks; to keep wharves, etc., clean.'
541, Commissioner of street cleaning; power to obtain plant, sup-
plies, etc.
542. Piers, docks, slips, etc., for use of department.
543. Uniform, badges, etc., of uniformed force.
544. Special contracts for disposition of sweepings, ashes, garb-
age, etc.
545. Proceedings for removal of trucks, etc., from streets, regulated.
546. Limitation of amount of expense for street cleaning; bonds to
be issued by coinptroller for purchase of plant.
547. Devolution of powers of former boards.
Commissioner, appointment, term and salary.
$ 533. The head of the department of street cleaning shall be
called the commissioner of street cleaning. He shall be appointed
by the mayor and shall hold office as provided in chapter four of
this act. His salary shall be seven thousand five hundred dollars
a year.
See $ 100, ante.
Id.; jurisdiction.
$ 534. The commissioner of street cleaning shall have cognizance
and control:
(1) Of the sweeping and cleaning of the streets of the city, and of
the removal, or other disposition as often as the public health and
the use of the streets may require, of ashes street sweepings, gar-
bage, and other light refuse and rubbish, and of the removal of snow
and ice from leading thoroughfares and from such other streets as
may be found practicable.
(2) Of the framing of regulations controlling the use of sidewalks
and gutters by abutting owners and occupants for the disposition of
sweepings, refuse, garbage or light rubbish, which, when so framed,
and approved by the board of public improvements and the munici-
pal assembly shall be published in like manner as city ordinances,
and shall be enforced by the police department in the same manner
and to the same extent as such ordinances.
(a) The commissioner of street ployes. Engle v. Mayor, 40 Fed.
cleaning is the agent of the city Rep. 51, note; S. C., N. Y. Daily
in the performance of the minis- Reg., Nov. 5, 1885; followed, Bar-
terial duty of removing refuse ney Dumping-Boat Co. v. The
from the streets; and the city is Same, 40 Fed. Rep. 50.
liable for the negligence of his em- .
260
CLERICAL AND UNIFORMED MEMBERS. [S$ 535, 536
Streets; what streets and wharves not included.
§ 535. The term streets as used in this title shall not be deemed
to include such macadamized streets as are within any park or are
under the control or management of the department of parks, nor
such wharves, piers and bulkheads or slips and parts of streets and
places as are by law committed to the custody and control of the
department of docks and ferries.
Street cleaning department; members of; clerical and uniformed forces.
$ 536. The members of the department of street cleaning shall
be divided into two general classes, to be designated, respectively,
the clerical force and the uniformed force. The clerical force shall
consist of a chief clerk, medicål examiners, not exceeding three in
number, and such and so many clerks and messengers as the com-
missioner of street cleaning shall deem necessary; but the aggregate
salaries of the said clerical force shall not exceed in any year the
amount appropriated therefor by the board of estimate and appor-
tionment. The uniformed force shall be appointed by the commis-
sioner of street cleaning and shall consist of one general superin-
tendent, one assistant superintendent, one superintendent of stables,
one superintendent of final disposition, one assistant superintendent
oi final disposition, district superintendents, not exceeding twenty-
one in number; time collectors, not exceeding eight in number; sec-
tion foremen, not exceeding one hundred and twenty-five in num-
ber; dump inspectors, not exceeding forty-three in number;
assistant dump inspectors, not exceeding forty-three in number; tug
and scow inspectors, not exceeding twenty-five in number; sweepers,
not exceeding thirty-one hundred in number; dump boardmen, not
exceeding forty-three in number; drivers, not exceeding sixteen
hundred in number; stable foremen, not exceeding twenty-one in
number; assistant stable foremen, not exceeding twenty-one in num-
ber; hostlers, not exceeding one hundred and forty-six in number;
a master mechanic and such and so many mechanics and helpers as
may be necessary; but the aggregate salaries of such mechanics and
helpers shall not exceed in any year the amount appropriated there-
for by the board of estimate and apportionment and the municipal
assembly. The commissioner of street cleaning shall have power
and is hereby authorized to increase the said uniformed force, from
time to time, by adding to the number of sweepers, drivers and
hostlers, provided the board of estimate and apportionment and the
municipal assembly shall have previously made an appropriation for
the purpose of permitting such increase. The annual salaries and
compensations of the members of the uniformed force of the depart-
$ 536] SALARIES OF UNIFORMED FORCE.
261
ment of street cleaning shall be fixed by the board of estimate and
apportionment and shall not exceed the following: Of the general
superintendent, three thousand dollars; of the assistant superin-
tendent, two thousand five hundred dollars; of the superintendent of
stables, two thousand dollars; of the master mechanic, one thousand
eight hundred dollars; of the superintendent of final disposition,
two thousand dollars; of the assistant superintendent of final dispo-
sition, one thousand five hundred dollars; of the district superin-
tendents, one thousand eight hundred dollars each; of the time
collectors, one thousand two hundred dollars each; of the section
foremen, one thousand dollars each; of the dump inspectors, one
thousand dollars each; of the assistant dump inspectors, nine hun-
dred dollars each; of the tug and scow inspectors, one thousand
dollars each; of the dump boardmen, seven hundred and twenty dol-
lars each; of the sweepers, seven hundred and twenty dollars each;
of the drivers, seven hundred and twenty dollars each; of the stable
foremen, one thousand two hundred dollars each; of the assistant
stable foremen, nine hundred dollars each; of the hostlers, seven
hundred and twenty dollars each. Hostlers may receive extra pay
for Sundays if an appropriation therefor is made by the board of
estimate and apportionment. The members of the department of
street cleaning shall be employed at all such times and during such
hours and upon such duties as the commissioner of street cleaning
shall direct for the purpose of an effective performance of the work
devolving upon the said department. In case of a snow fall or other
emergency, the commissioner of street cleaning or the deputy com-
missioner may hire and employ temporarily such and so many men,
carts and horses as shall be rendered' necessary by such emergency,
forthwith reporting suchi action with the full particulars thereof to
the mayor, but no man, cart or horse, shall be so hired or employed
for a longer period than three days, except that any person regis-
tered or eligible to appointment as a driver, or as a sweeper, may be
temporarily employed at any time as an extra driver or sweeper to
fill the place of a driver or sweeper who is suspended or temporarily
absent from duty from any cause. The rate of compensation of such
extra drivers or sweepers shall be two dollars per day, and the
driver or sweeper whose place is so filled shall not receive any com-
pensation for the time during which he is so absent from duty
or his place is so filled, unless such injury or illness was con-
tracted in the service of the department. The services of any person
employed, and of carts and horses hired pursuant to this section,
shall be paid for in full and directly by the department of street
cleaning, at such times as may be prescribed by such department;
1
262
REMOVAL OF MEMBERS. [SS 536, 537
and they, and each of them, shall be employed and hired directly by
the department of street cleaning and not through contractors or
other persons, unless the commissioner himself shall determine that
this requirement must for proper action in a particular instance be
dispensed with. Nothing herein contained shall affect any existing
contracts made with or by the department of street cleaning in
regard to the cleaning of Broadway below Fourteenth street in said
city or the renewal thereof, if deemed best by the commissioner of
said department.
L. 1892, ch. 415, 8 1; L. 1894, ch. 365, 8 1.
Id.; removal of members of clerical and uniformed forces.
§ 537. No member of the clerical force of the department of street
cleaning shall be removed until he has been informed of the cause
of the proposed removal and has been allowed an opportunity of
making an explanation and in every case of removal the true
grounds thereof shall be entered upon the records of the depart-
ment. The commissioner of street cleaning shall have power, in his
discretion, on evidence satisfactory to him that a member of the
uniformed force has been guilty of any legal or criminal offense or
neglect of duty, violation of rules, or neglect or disobedience of
orders, or incapacity, or absence without leave, or conduct injurious
to the public peace or welfare, or immoral conduct, or any breach
of discipline, to punish the offending party by forfeiting or with-
holding pay for a specified time, suspension without pay during
such suspension for a period not exceeding thirty days, or by dis-
missal from the force, but no more than thirty days' pay or salary
shall be forfeited or deducted for any offense. The said commis-
sioner is also authorized and empowered, in his discretion, to deduct
and withhold pay, salary or compensation from any member or
members of the force for and on account of absence for any cause
without leave. All fines imposed and pay deducted or withheld
under the provisions of this section, shall be retained by the comp-
troller to the credit of the apportionment for the department of
street cleaning, and shall be applicable, in the discretion of the
commissioner of street cleaning, to any of the purposes of said
department as if originally appropriated therefor. Absence with-
out leave of any member of the uniformed force for five consecutive
days shall be deemed and held to be a resignation, and the member
so absent shall at the expiration of said period cease to be a member
of said force and may be dismissed therefrom without notice. No
leave of absence exceeding twenty days in any one year shall be
granted or allowed to any member of the uniformed force, except
88 537-539] DIVISION OF STREETS INTO DISTRICTS.
263
upon condition that such member shall waive or release not less
than one-half of all salary, pay or compensation and claim thereto
or any part thereof during such absence. The said commissioner of
street cleaning is hereby authorized and empowered, from time to
time, to make, adopt, enforce rules, orders and regulations con-
formable to the provisions of this act for the government, adminis-
tration, discipline and disposition of the said department and of the
members thereof, and to prescribe and define the duties of each mem-
ber. When and as soon as a member of the uniformed force has
been fined, suspended, or dismissed the true cause of such fine, sus-
pension or dismissal shall be entered in writing in a book to be kept
for that purpose by the commissioner of street cleaning, which book
shall be a public record. A copy of the rules and regulations or of
any or either of them of the said commissioner adopted by him
may, when certified by him or by his deputy, be given in evidence
upon any trial, investigation, hearing or proceeding in any court or
before any tribunal, commissioner or commissioners, board or com-
petent body with the same force and effect as the original.
L 1892, ch. 269, 8 4.
(a) The provisions of this section. v. Waring, 1 App. Div. 594; S. C., 73
confer upon the commissioner of N. Y. State Rep. 222; 37 N. Y. Supp.
street cleaning the power to dis- 478; affi'd 149 Ñ. Y. 621.
miss a member of the uniformed (6) The provisions of the veteran
force, in his discretion, and for acts, that a veteran shall not be re-
reasons satisfactory to himself, and moved from employment except
the exercise of this discretion can for cause shown, do not apply to
not be controlled by the courts, members of the uniformed force of
People ex rel. McClosky V. An the street cleaning department.
drews, 9 Misc. Rep. 509; S. C., 30 People ex rel. Lee v. Waring, supra.
N. Y. Supp. 398; People ex rel. Lee
Members of department not liable to military or jury duty.
§ 538. No person holding any office or position under the depart-
ment of street cleaning shall be liable to military or jury duty.
Division of streets into districts; allotment of sweepers.
§ 539. All the paved avenues, streets, lanes, alleys and places in
said city which the department of street cleaning is by this act
charged with the duty of cleaning, shall be cleaned and kept cleaned
by hand labor, and for that purpose each sweeper shall provide him-
self with such tools and implements as the commissioner of street
cleaning shall prescribe, and to each sweeper shall be allotted a fixed
area of street surface according to the character of the locality; of
which allotment a record shall be kept in the department of street
cleaning and shall be a public record; but nothing in this section
contained shall be deemed to prevent the commissioner of street
264
[SS 539, 540
CLEANING OF WHARVES, ETC.
cleaning from causing the labor of the sweepers to be supplemented
by the use of sweeping machines in such streets and avenues as to
him may seem proper. It shall be the duty of the commissioner of
street cleaning to divide the city into a suitable number of districts,
not exceeding twenty-one, each of which shall be under the charge
and supervision of a district superintendent who shall be directly
responsible to the general superintendent, and also to the commis-
sioner of street cleaning for the cleanliness of his district. Each of
said districts shall be by said commissioner subdivided into sections
in charge of foremen responsible to the district superintendent, as
well as to the general superintendent, and to the commissioner of
street cleaning for the cleanliness of his section. It shall be the
duty of said commissioner of street cleaning to make such allot-
ment and designation of the area to be covered, and the duties to be
the general superintendent and his assistant shall have one particu-
lar district or section in which to perform all the work to which he
is allotted. But nothing herein contained shall be so construed as
to prevent the commissioner of street cleaning from transferring,
at his discretion, members of the uniformed force, from one district
or section to another, nor from temporarily employing all or any
number of said uniformed force in a particular street or streets,
section or sections.
L. 1892, ch. 269, 8 6.
Department of docks; to keep wharves, etc., clean.
$ 540. The department of docks shall have power and authority
and it is hereby made its duty to cause the wharves, piers, bulk-
heads, heads of slips, and portions of any streets and places by law
committed to the custody and control of said department of docks,
to be thoroughly cleaned and kept clean at all times; and to remove
from said wharves, piers, bulkheads, heads of slips and portions of
streets, and to dispose of all sweepings, ashes and garbage. And
for the purpose of disposing of the sweepings and other refuse
removed by said department of docks, the said department of docks
shall have the right and is hereby authorized to use concurrently
with the said department of street cleaning, such dumping boards,
slips and piers as may be assigned to and set apart for the use of
said department of street cleaning, and all contracts made by the
commissioner of street cleaning under this act for the removal of
ashes and garbage and sweepings shall provide for the removal of
such ashes, garbage and sweepings, as may be required to be
removed by said department of docks.
L. 1892, ch. 269, 8 7.
$ 541]
POWERS OF COMMISSIONER.
: 265
Commissioner of street cleaning; power to obtain plant, supplies, etc.
$ 541. The said commissioner of street cleaning shall have power,
and it shall be his duty, to purchase or hire from time to time for his
lise as such commissioner, at current prices, such and so many
horses, carts, steam tugs, scows, boats, vessels, machines,
tools and other property as may be required for the eco-
nomical and effectual performance of his aforesaid duty or
to contract for the construction of any such tugs, SCOWS,
boats, vessels, carts, machines, tools or other property; or
for the sweeping of streets and the removal of street sweepings
by machine and also to contract for the cremation, utilization or
burning of street sweepings, refuse and garbage; or for the melting
or removal of snow upon or from any streets or avenues or parts
thereof. The title to property so purchased or constructed shall be
in The City of New York. . All such hiring, or purchases, or con-
tracts, however, exceeding one thousand dollars in amount at any
one hiring or purchase, shall be let by contract to the lowest bidder
therefor, founded on sealed bids or proposals made in compliance
with public notice advertised in the City Record; such notice to be
published at least ten days prior to the opening of such proposals or
bids. Provided, that nothing herein contained shall prevent said
commissioner, whenever it shall be necessary, to hire such boats,
steam tugs, scows, vessels, machines, tools or other property for
a day or trip, and for successive days or trips, without advertising
or contract founded on sealed proposals or bids, at compensation by
the day or trip, notwithstanding the aggregate compensation for
such successive days or trips may exceed said sum of one thousand
dollars. The said commissioner is hereby authorized, whenever
and as often as, in his opinion, the public interests shall require, to
reject all bids or proposals received in answer to any such advertise-
ment, and to readvertise for bids and proposals as hereinafter pro-
vided. Whenever the said commissioner shall deem it necessary, he
shall and is hereby authorized to sell, at public auction, any plant,
material, horses, carts, scows. or other property, used in any way in
connection with the work of cleaning streets; but before any such
sale shall be made a notice thereof stating the time and place of sale
shall be published in the City Record and corporation newspapers
for at least ten days. immediately preceding such sale, and the pro-
ceeds arising from such sale, after deducting the necessary expenses
thereof, shall be paid into the city treasury to the credit of the general
fund for the reduction of taxation. The said commissioner is
hereby authorized, with the consent and approval of the board of
sinking fund commissioners, to hire or lease suitable and sufficient
266
PIERS, ETC., FOR USE OF DEPARTMENT. [S$ 541-544
offices for the transaction of the business under his charge, and also
such stables and other buildings or parts of buildings or plots of
ground as may, from time to time, be' necessary. All carts used by
said department of street cleaning shall be of such size, form and
construction as to prevent escape during transit of dust, or of any
refuse carried therein.
L. 1882, ch. 410, $ 705; L. 1892, ch. 269, 8 8; L. 1894, ch. 368, 8 2.
Piers, docks, slips, etc., for use of department.
§ 542. The department, bureau or city officer, authority or
authorities, which shall from time to time have the management and
control of the public docks, piers and slips of the city, shall designate
and set apart for the use of said commissioner suitable and sufficient
slips, piers, and berths in slips, located as the said commissioner may
require, and such as shall be convenient and necessary for his use
in executing the duty hereby imposed upon him, excepting slips,
docks and piers on the East river set apart for the use of canal boats.
The said commissioner may, with the approval, in writing, of the
board of estimate and apportionment, lease piers, slips or wharves
for the necessary purposes of the duties by this chapter conferred,
whenever suitable piers, slips or wharves owned by or under the
control of the city cannot be obtained or are not set apart and desig-
nated as in this section provided.
| L. 1882, ch. 410, 8 706.
(a) The provisions giving the au-
thorities having control of the
docks to set aside suitable piers for
use of commissioner of street
cleaning, contemplate simply a
shipment of the refuse from the
streets by water and the use of
piers for that purpose; they do not
authorize the selection of half a
pier, and so exposing the owner of
the other half to inevitable injury;
nor do they authorize the erection
of a permanent structure which
prevents the public use of the pier,
or authorize the use of it as a
storehouse for scavengers' refuse.
Hill v, The Mayor, 139 N. Y. 495;
rev’g 45 State Rep, 693; s. C., 18 N.
Y. Supp. 399.
Uniform, badges, etc., of uniformed force.
$ 543. The commissioner of street cleaning is hereby authorized
and directed, from time to time, to prescribe distinctive uniforms,
badges and insignia to be worn and displayed by the several mem-
bers of the uniformed force of said department and to prescribe and
enforce penalties for the failure to wear and exhibit the same by any
member of said force while engaged in the work of the department.
L. 1892, ch. 269, 8 9.
Special contracts for disposition of sweepings, ashes, garbage, etc.
§ 544. Said commissioner shall have power to enter into con-
$$ 544, 545]
267
REMOVAL OF TRUCKS, ETC..
tracts with responsible persons and parties for the final disposition,
for periods not exceeding five years, of all or any part of the said
street sweepings, ashes, or garbage, and such other light refuse or
rubbish when collected; provided always that such contract shall be
approved both as to terms and conditions by the board of estimate
and apportionment. All contracts shall be entered into on behalf
of the city by the commissioner with adequate security. He shall
advertise for proposals in such newspapers in the city as he may
designate, not exceeding three in number, for ten days, to perform
the work in such form and manner and on such terms and conditions
as he may prescribe. Such proposals may be for the performance
of all or such part or portion of the work as he shall require. Each
proposal must be accompanied by a certified check on a solvent
banking corporation in the city, payable to the order of the comp-
troller for five per centum of the amount for which the work bid
for is proposed in any one year to be performed. From the pro-
posals so received he may select the bid or bids, the acceptance of
which will, in his judgment, best secure the efficient performance
ance of any bid by him, the checks of the unaccepted bidders shall
be returned to them, and upon the execution of the contract the
check of the accepted bidder shall be returned to him. The surety
or sureties upon all contracts hereby authorized shall be approved
by the comptroller, and all contracts and bonds securing the same
shall be approved as to form by the counsel to the corporation.
Proceedings for removal of trucks, etc., from streets, regulated.
§ 545. It shall be the duty of the commissioner of street cleaning
to remove, or cause to be removed, all unharnessed trucks, carts,
wagons and vehicles of any description, found in any public street
or place, and also all boxes, barrels, bales or merchandise and other
moveable property found upon any public street, or place, not
including, however, any portion of marginal street, or place, or
wharf, which, by the provision of any law or statute, is committed
to the custody and control of the department of docks. The said
commissioner of street cleaning is hereby authorized, with the con-
sent and approval of the board of sinking fund commissioners, to
lease a suitable yard or yards to which the trucks, carts, wagons and
vehicles, boxes, bales, barrels and other things, removed under the
authority of this section, shall be taken, and the said commissioner
shall, from time to time, as often as he shall deem necessary, sell,
or cause to be sold, as hereinafter provided at public auction, at such
268
[S 545
PETITION FOR SALE OF TRUCKS, ETC.
yard or yards, the said trucks, carts, wagons, vehicles, boxes, barrels,
and other things so removed. Whenever the said commissioner or
deputy commissioner shall have removed or caused to be removed
any such trucks, carts, wagons, vehicles, boxes, barrels, bales or
other things, and shall deem it necessary to sell them, and before
making the sale thereof, he shall file with a justice of the municipal
court of The City of New York, a written petition, verified by oath,
setting forth the facts which bring the case within this section,
together with a brief description of each of the trucks, carts, wagons,
vehicles, boxes, barrels or other things so removed in his custody
and possession as street cleaning commissioner at the time of filing
such petition, stating either the name of the owner or that
his name is not known to the said petitioners, and cannot be ascer-
tained with reasonable diligence, and praying for a final order,
directing the sale of the property so seized and removed, and the
application of the proceeds thereof as herein prescribed; and, upon
the presentation of said petition the justice must issue a precept
under his hand, directed to the persons whose names appear in the
said petition as owners, if stated in the petition, or if not so stated,
directed generally to all persons having any interest in the property
so seized and removed, and briefly reciting in substance the other
facts stated in the petition, and requiring the person or persons to
whom the precept is directed to show cause before a justice at a time
and place specified therein, not less than ten nor more than twenty
days after the issuing of the precept, why the prayer of the petition
should not be granted. The said precept shall be served by posting
a copy thereof in at least two public and conspicuous places in said
city, one of which shall be the office of the said commissioner of
street cleaning, and the second of which shall be the yard to which
the property shall have been removed, and a copy of which precept
shall be so posted within three days after the precept shall have been
issued; and a brief abstract of said precept shall be published in the
City Record and corporation newspapers within five days after the
issue, and not later than three days before the return day mentioned
ir: the precept. At the time and place when the precept is return-
able, the said commissioner or deputy commissioner must furnish
proof of the service of said precept as herein prescribed, and any
person named in the petition and precept or otherwise, having an
interest in the property seized, may appear on the return day of the
said precept and make himself a party to the proceeding by filing
a written answer, subscribed by him or his attorney, and verified by
the oath of the person subscribing it, denying absolutely, or upon
information and belief, one or more material allegations in the peti-
i
$ 545]
269
SALE OF TRUCKS, ETC., REMOVED.
tion, and setting forth his interest in the property seized. The
subsequent proceedings before the justice shall be the same as in an
action in the municipal court where an issue of fact has been joined,
and if the decision of the justice is in favor of the petitioner, the
justice must make a final order, the same as though no appearance
or trial were had, except to recite the appearance and trial before
him. If no person appears and answers, the justice shall make a
final order, directed to the commissioner of street cleaning, com-
manding him to sell, at public auction, all of the property seized and
described in the petition, at the yard to which said property was
removed, for the best price which he can obtain therefor. Before
making any such sale, the said commissioner or deputy commis-
sioner shall give public notice in the City Record and corporation
papers, as by this act prescribed, not later than three days before the
day of such sale, and such notice of sale shall specify the time and
place of such sale, and shall contain a general description of the
property to be sold, but no particular description of any article shall
be contained therein. The sale shall be made at the time and place
Inissioner, or by an auctioner designated for such sale by said com-
missioner. Immediately after such sale, the commissioner of street
cleaning shall pay to the comptroller the proceeds of such condem-
nation and sale, and shall, at the same time, transmit to the comp-
troller an itemized statement of the articles sold, with the price
received for each article and a certificate of the costs and expenses
incurred by the said commissioner in making such condemnation
and sales. The comptroller shall credit and add to the appropria-
tion for the department of street cleaning from the proceeds of such
sale the amount of said costs and expenses of such condemnation
and sales, as hereinbefore provided, and, in addition thereto, such
an amount for each incumbrance seized or taken, condemned and
sold, as hereinbefore provided, not to exceed ten dollars, as may be
estimated and fixed by the commissioner of street cleaning as neces-
sary to pay the cost of seizing, removing and keeping or storing such
incumbrances; and the remainder of the moneys realized from such
sale shall be paid, without interest, to the lawful owners of the sev-
eral articles sold. Any payment to a person apparently entitled
thereto, under the provisions of this section, shall be a good défense
to the city against any other person claiming to be entitled to such
payment, but if the person to whom such payment is made is not in
fact entitled thereto, it shall be lawful for the person or persons to
whom the same ought to have been paid to recover the same, with
interest and costs of suit, as so much money had and received to his,
270 LIMITATION OF EXPENSES OF STREET CLEANING. [S$ 545,546
her or their use by the person or persons to whom the same shall
have been paid. The owner of any truck, cart, wagon,vehicle, box,
barrel, bale or other thing removed from any public street or place
under the provisions of this section, may redeem his property at any
time after its removal upon payment to the commissioner of street
cleaning of such sum as he may fix, not to exceed ten dollars' for
each article redeemed. The sum thus paid shall be immediately
transmitted to the comptroller, and by him added and credited to
the appropriation for the department of street cleaning, under the
provisions of this act, and may be used by the commissioner for
any of the purposes of said department, as if originally included in
the appropriation thereof, by the board of estimate and apportion-
ment. Nothing in this section contained shall be deemed to author-
ize the summary removal of materials for any public work or
improvement in course of construction.
L. 1882, ch. 410, 8 710; L. 1892, ch. 269; L. 1894, ch. 697.
Limitation of amount of expense for street cleaning; bonds to be is.
sued by comptroller for purchase of plant.
$ 546. In no case, except as in this section provided, shall the
amount expended by the commissioner of street cleaning exceed
the amount appropriated for the said department by the board of
estimate and apportionment and the municipal assembly, but, for
the more effectual carrying out of the provisions of this act, the
said commissioner of street cleaning may, with the approval of the
koard of public improvements and of the board of estimate and
apportionment, purchase or construct stock or plant, including
houses, dumping boards or places or buildings or structures neces-
sary for any purpose pertaining to the business of the department,
of durable character intended to be used for a term of years, to be
paid for by the issue and sale of bonds, and the comptroller shall
issue such bonds as may be necessary for such purpose. Such
bonds shall be of such amount and to run for such term as may be
determined by said comptroller, by and with the authority of the
municipal assembly, not less than ten nor more than fifty years,
and shall bear interest not exceeding four per centum per annum
and shall not be sold at less than the par value thereof. If the
necessary cost of removing snow or ice from the streets and avenues
sliall, in any one year, exceed the amount appropriated therefor, the
hoard of estimate and apportionment may authorize such additional
expenditure as may be required for the removal of such snow or ice
to be paid out of any unexpended balance of the appropriation made
for the nurposes of said department; and the cornptroller shall raise
$ 547] DEVOLUTION OF POWERS OF FORMER BOARDS.
271
the amount of such additional expenditure by the issue and sale of
revenue bonds, and shall place the amount so raised to the credit of
thie department of street cleaning, to supply the amount of the
deficiency occasioned by such additional expenditure.
L. 1882, ch. 410, $ 704.
Devolution of powers of former boards.
§ 547. All the powers and duties conferred upon the corporation
heretofore known as the mayor, aldermen and commonalty of The
City of New York, or upon any board or officer thereof, or upon
the corporation known as the city of Brooklyn, or upon any board
or officer thereof, or upon the corporation known as Long Island
City, or upon any board or officer thereof, and upon any other
municipal corporation, town or village, within the county of Rich-
inond, or within so much of the territory of the county of Queens as
is by this act annexed to the municipal corporation known as the
mayor, aldermen and commonalty of The City of New York, and
consolidated into the municipality known as The City of New York,
relating in any way to the sweeping and the cleaning of the streets,
avenues, highways, boulevards, squares, lanes, alleys and other pub-
lic places of the city, and of the removel, or other disposition as
often as the public health and the use of the streets may require, of
ashes, street sweepings, garbage and other light refuse and rubbish,
and of the removal of snow and ice from leading thoroughfares and
from such other streets as may be found practicable; of the removal
of encumbrances; of the issue of permits to builders and others to
use the streets, avenues, highways, boulevards, squares and public
places, but not to open them; of the framing of regulations controll-
ing the use of sidewalks and gutters by abutting owners and occu-
pants for the disposition of sweepings, refuse, garbage or light rub-
bish, are hereby vested in The City of New York, and as matters
of administration devolved upon the commissioner of street cleaning
of said city, to be bv him executed pursuant to the powers, provisions
and limitations of this act.
TITLE 7.
DEPARTMENT OF SEWERS.
Sec. 555. Commissioner of sewers; appointment; salary.
556. Id.; jurisdiction and duties.
557. Id.; overflow sewers; where discharged.
558. Canals to be kept free from obstructions.
559. Commissioner; power to construct temporary sewers, expenses
. of same.
272
[$8 555, 556
COMMISSIONER OF SEWERS.
SEC. 560. Permits for coustruction of private sewers; procedure; becomes
property of city when paid for by, etc.
561. Id.; power to acquire lạnds for sewers.
562. Proposals and contracts for sewerage work.
563. Commissioner authorized to purchase supplies.
564. Penalty for injury to sewers.
565. Devolution of powers of the commissioner of street improve-
ments in the twenty-third and twenty-fourth wards.
566. Devolution of powers of former boards.
Commissioner of sewers; appointment; salary.
§ 555. The head of the department of sewers shall be called the
commissioner of sewers. He shall be appointed by the mayor, and
hold office as provided in chapter four of this act. His salary shall
be seven thousand five hundred dollars a year.
See § 100, ante.
Id.; jurisdiction and duties.
§ 556. The commissioner of sewers shall have cognizance and
control of all subjects relating to the public sewers and drainage of
the city, and shall initiate the making of all plans for the drainage of
the city, except as otherwise specifically provided in title two of this
chapter. He shall have charge of the construction of all sewers in
accordance with said plans. He shall prepare and execute all con-
tracts and specifications relating to the sewers for submission to the
board of public improvements, and shall supervise all work done
under such contracts. He shall have in charge the management,
care and maintenance of the sewer and drainage system of the city,
and the licensing of all cisterns and cesspools.
See 88 438-441, ante, and cases cited thereunder.
(a) Where power is conferred on sewer or other improvement has
a public officer or a municipal cor- been made, the duty to keep it in
poration to make improvements, repair and prevent the same from
such as streets, sewers, and the being dangerous to the public is
like, and keep them in repair, the ministerial, and for a negligent
duty to make them is quasi judicial omission to perform this duty an
or discretionary, involving a deter- action lies by the injured party.
mination as to their necessity, Hines V. City of Lockport, supra,
requisite capacity, location, etc.; and cases cited; Wessman v. City
and for a failure to exercise this of Brooklyn, 16 N. Y. Supp. 97;
power, or an erroneous estimate of affi'd in 133 N. Y. 677; Butler v. Vil-
the public needs, no civil action is lage of Edgewater, 53 Hun, 633;
maintainable. Hines v. City of affi'd 134 N. Y. 594; Paine v. Village
Lockport, 50 N. Y. 236; Urquhart vi of Delhi, 116 N. Y. 224.; Barton v.
City of Ogdensburg, 91 Id. 67; Gar City of Syracuse, 36 Id. 54.
rett v. Trustees of Canandaigua, 135 (c) The city is liable in damages
Id. 436; Mills v. City of Brooklyn, for so constructing a sewer as to
32 Id. 489.
discharge its contents on private
(6) But when this discretion has property. Gillit v. Trustees of Vil-
been exercised, and the street lage of Kinderhook, 77 Hun, 604;
$$ 557-559]
273
TEMPORARY SEWERS.
Beach v. City of Elmira, 58 Id. 608;
Bradt v. City of Albany, 5 Id. 591;
.Byrnes v. City of Cohoes, 5 Id. 602;
affi'd 67 N. Y. 204; Hardy v. City of
Brooklyn, 90 Id. 435; Van Rens-
selaer v. City of Albany, 15 Abb.
N. C. 457.
(d) A city held liable for so con-
structing a sewer as to cause the
water to flow back upon the prop-
erty and the buildings connected
with it. Evers v. Long Island City,
78 Hun, 242; Daggett v. City of
Cohoes, 54 Id. 639; Seifert v. City
of Brooklyn, 101 N. Y. 136.
(e) But where a sewer is properly
constructed, and sufficient for ordi-
nary purposes, the city will not be
liable for an overflow occasioned
by some unusual cause, e. g., heavy
rains and the like. Smith y. The
Mayor, 66 N. Y. 295; affi'g. 4 Hun,
637.
(f) See article, “ Municipal Lia-
bility for Defective Sewerage.” 24
Cent. L. J. 123, reviewing the New
York cases with those of other
states.
Id.; overflow sewers; where discharged.
§ 557. Any overflow sewers which may be deemed necessary for
the relief of any main sewers now constructed or which may here-
after be constructed in said city, may be discharged into the waters
adjacent to said city, or into the Gowanus canal, or any other canal
or inlet in said city, at such points as in his judgment may be most
convenient.
L. 1888, ch. 583, tit. 15, 35.
Canals to be kept free from obstructions.
$ 558. It shall be the duty of The City of New York to keep any
canal free from any obstructions that may be occasioned by the
reason of the emptying of said overflow sewers into it, and for that
purpose the department of sewers of said city is authorized and
directed to dredge the same from time to time.
L. 1888, ch. 583, tit. 15, § 36.
Commissioner; power to construct temporary sewers, expenses of same.
§ 559. Whenever it shall become necessary to construct a sewer
or drain for the purpose of preventing damage to property or to
abate a nuisance, and it shall become impracticable to proceed
immediately to the construction of the same in accordance with
any plan already adopted, pursuant to title two of this chapter, on
the approval of the board of public improvements, the said commis-
sioner shall have power to construct a temporary sewer or drain in
such manner as to avoid such damage or to abate such nuisance,
and the cost of such temporary sewer or drain shall be assessed
upon the property draining into the same and benefited thereby.
And such assessments shall be enforced, levied and collected in the
manner provided in chapter seventeen of this act.
L. 1988, ch. 583, tit. 15, § 44.
See $$ 439, 440, ante, and cases cited thereunder, and $8 884-1054,
infra.
18
274 CONSTRUCTION OF PRIVATE SEWERS. [$ 560
Permits for construction of private sewers; procedure; becomes property
of city when paid for by, etc.
§ 560. A permit for the construction of sewers in the streets of
said city by private property owners shall only be granted upon the
parties proposing to construct such sewer first filing with the com-
missioner of sewers, plans and specifications of such proposed
sewer, conforming to the general plan for the construction of public
sewers in said city, on file in the office of the board of public
improvements and a duplicate copy of the contract for the construc-
tion of such sewer, showing the cost of the construction thereof,
together with a satisfactory guarantee to said commissioner for the
payment of the necessary expense of the said department of sewers,
in the supervision of the construction of said sewer. And upon
approval of such plans, specifications and contracts, by the commis-
sioner of sewers and the board of public improvements the said
commissioner shall issue his permit for the construction of such pro-
posed sewer and shall forthwith request the board of assessors to
apportion the cost of the construction of said sewer according to
actual benefit between the several parcels of property abutting on
each side of that part of the street through which said sewer shall
be constructed. The said board of assessors shall as soon as prac-
ticable report such apportionment of such cost to the said commis-
sioner of sewers. Said commissioner shall grant permits for
connection with said sewer, to be constructed as aforesaid, only to
such owners or occupants of the property abutting on that part of
such street through which said sewer shall be constructed as shall
produce to said commissioner of sewers satisfactory proof of the
payment by him or them to the parties who constřucted and paid
for such sewer, of the amount of the proportionate part of the cost
of the construction of said sewer apportioned as aforesaid to the
property sought to be connected with said sewer, and no permit
shall be issued for, nor shall any connection be allowed with said
sewer, nor with any sewer heretofore constructed by the owners of
the abutting property by private contract from any abutting prop-
erty until the proportionate part of the expense of the construction
of such sewer shall have been paid to the parties, entitled thereto by
the owners of such abutting property, and satisfactory proof thereof
made to said commissioner of sewers. And when constructed,
except for the purpose of supervision, maintenance and use by The
City of New York in connection with its public sewer system, said
sewer shall be deemed the private property of the persons who shall
have paid for its construction until the owners of all the property
abutting on that part of the street or avenue in which said sewer
SS 560, 561] POWER TO ACQUIRE LANDS FOR SEWERS. 275
shall be laid, shall have paid their several shares of the cost of the
construction of said sewer, but when the same shall have been fully
paid for by all the owners of abutting property, then the same shall
be the property of The City of New York, and deemed to have been
fully dedicated to said city.
L. 1888, ch. 583, tit. 15, § 45.
UU
Id.; power to acquire lands for sewers.
$ 561. The City of New York is authorized to acquire title for the
use of the public to all or any of the lands and premises required
for sewers, or to easements therein for that purpose, whether the
same be above or below high-water mark or under water. The
board of public improvements, at the request of the commissioner
of sewers, is authorized to direct the same to be done. It shall be
the duty of the corporation counsel, when requested in writing by
the board of public improvements, immediately to institute a pro-
ceeding to acquire title for the use of the public to the lands and
premises or easements therein, required for the building of sewers,
or drains, in the same manner that is provided by this act for the
acquisition of lands for the purpose of opening streets. The
expenses incurred in the acquisition of such lands and premises,
with the buildings and improvements thereon, so far as the same
sliall be taken in such a proceeding, shall be assessed in accordance
with the provisions of this act relating to the opening of streets upon
all the property deemed by the commissioners of estimate and
assessment appointed in such proceeding to be benefited by the
acquisition of such lands for such purpose, and upon the owners
thereof or persons interested therein.
(a) When land is taken or dedi. Barb. 410; Plant v. Long Island
cated for use as a public street, it Railroad Co., 10 Id. 26.
is part of the purpose in view that (c) An application for the ap-
it shall be used not only for pas- pointment of commissioners for
sage, but for all such incidental the condemnation of land for sew-
purposes, including the building of erage purposes should be granted
sewers, as may be necessary, ap- where the petition of the city offi-
propriate and usual for the proper cials shows a reasonable necessity
enjoyment of such street. Matter for acquiring the land. Matter of
of City of Yonkers, 117 N. Y. 564. Long, 34 N. Y. State Rep. 778.
(6) Accordingly, where land has (d) The court may permit a city
been taken or dedicated as a pub- to discontinue proceedings to ac-
lic street in a city, the owner of quire an easement in private prop-
the fee is entitled to no more than erty to construct a sewer, without
nominal damages for the addi- payment of any costs, before title
tional burden imposed by reason of " has been actually acquired, and the
placing a sewer in the street. Mat- rights resulting therefrom have be-
ter of City of Yonkers, supra, In re come vested. Matter of Wells
Wells Avenue, 51 Hun, 644; S. C., 4 Avenue Sewer, 46 Hun, 534.
N. Y. Supp. 301; Kelsey v. King, 32
276
PROPOSALS AND CONTRACTS FOR SEWERS. [SS 562–565
Proposals and contracts for sewerage work.
$ 562. The commissioner of sewers, upon the completion of the
plan of sewerage of any district, upon the filing of copies thereof,
as required by title two of this chapter, or as soon thereafter as may
be deemed convenient and necessary, shall, with the approval of the
board of public improvements, cause printed specifications to be
made in accordance with said plan of the work proposed to be
done in said district, and shall thereupon invite proposals in the
manner now required by law, and shall contract for the whole or
any part of the work in said district.,
See cases cited under $ 419, ante.
Commissioner authorized to purchase supplies.
§ 563. In order to provide for the more effectual and economical
construction of sewers, the commissioner of sewers, with the
approval of the board of public improvements, may contract in
pursuance of law for such materials used in the construction of
sewers and in such quantities as he may deem proper; and it shall
he the duty of the comptroller out of the appropriate fund or from
the proceeds of assessment bonds authorized to be issued, upon the
requisition of said commissioner, to pay for such materials, and
the expenses for engineers, surveyors, inspectors or other persons
employed by authority of said commissioner in the construction of
sewers.
| L. 1882, ch. 410, $ 332.
f
Penalty for injury to sewers.
§ 564. All provisions of law creating civil and criminal liabilities
from wrongs and injuries done to the water-works of The City of
New York, and providing remedies for the redress thereof, and the
prosecution and punishment of persons committing the same, shall
apply in like manner and extent to wrongs and injuries done to
sewers in the said city.
Devolution of powers of the commissioner of street improvements in
the twenty-third and twenty-fourth wards.
§ 565. All the powers, privileges and duties of the commissioner
of street improvements in the twenty-third and twenty-fourth wards
of The City of New York as heretofore constituted, which in any way
relate to the public sewers and drainage of the said twenty-third and
twenty-fourth wards, and to the construction, repair and cleansing
of sewers and underground drains, and of the licensing of the cis-
$8 565,566] DEVOLUTION OF POWERS OF FORMER BOARDS. 277
terns and cesspools therein, and of all matters in any way relating
to the construction, maintenance and care of the sewer system and
drainage of said.wards, are hereby vested in The City of New York,
as hereby constituted, and as matter of administration devolved
upon the commissioner of sewers of The City of New York to be by
him executed in accordance with the provisions, directions and
limitations of this açt.
See L. 1890, ch. 545.
Devolution of powers of former boards.
§ 566. All powers and duties heretofore conferred upon the city
of New York as heretofore known and bounded, or any of the
officers thereof, or upon the city of Brooklyn, or any of the officers
thereof, or upon Long Island City or any of the officers thereof,
or upon any board of public officers acting within any of the terri-
tory of the county of Richmond, or within that part of the territory
of the county of Queens, hereby annexed by this act to the cor-
poration known as the mayor, aldermen and commonalty of the
city of New York, and by this act consolidated into one municipal
corporation, which in any way relate to the public sewers and drain-
age of the said cities, municipal corporations, towns or territory,
and to the construction, repair and cleansing of sewers and under-
fround drains and of the licensing of cisterns and cesspools therein
and to all matters in any way concerning the construction and care
of the sewer system and drainage thereof, so far as such powers and
duties are consistent with and conformable to the provisions of this
act, are hereby vested in The City of New York, and as matter of
administration devolved upon the commissioner of sewers of The
City of New York, to be by him executed in accordance with the
provisions, directions and limitations of this act.
TITLE 8.
THE DEPARTMENT OF PUBLIC BUILDINGS, LIGHTING AND SUPPLIES.
Sec. 572. Commissioner; appointment, term, salary.
573. Id.; jurisdiction.
574. Consulting engineer; duties.
575. Commissioner; to cause tests to be made, etc.
576. Laws repealed.
577. Interest in manufacture of gas, etc., and certain acts by officers,
etc., of department prohibited.
578. Inspection of illuminating gas; tests.
579. Commissioner to submit proposed ordinances relative to wires,
etc.
O
278
COMMISSIONER OF PUBLIC BUILDINGS. [SS 572, 573
Sec. 580. Inspector of electric wiring; qualifications; all wires to be
inspected; rule, notices, etc.; penalty for violation.
581. Removal of electric wires.
582. Underground electrical conductors.
583. Id.; procedure when board of public improvements determines
upon.
584. Id.; permit necessary to take up pavement, etc.; board of public
improvement to determine method of extension; municipal
assembly may enact ordinances regulating use, etc.
585. The four preceding sections to be police regulations.
586. Former boards to turn over maps, etc., to commissioner.
587. Separate contracts for lighting each borough; duty of commis-
sioner.
588. Devolution of powers of former boards.
Commissioner; appointment, term, salary.
§ 572. The head of the department of public buildings, lighting
and supplies shall be called the commissioner of public buildings,
lighting and supplies. He shall be appointed by the mayor and
hold office as provided in chapter four of this act. His salary shall
be seven thousand five hundred dollars a year.
See § 100, ante.
Id.; jurisdiction.
$ 573. The commissioner of the department of public buildings,
lighting and supplies shall have cognizance and control of:
1. The construction, repairs, cleaning and maintenance of public
buildings, except schoolhouses, almshouses, penitentiaries and fire
and police station houses, and other buildings whose care and
custody are otherwise provided for in this act.
2. Of the making and performance of contracts when duly author-
ized in accord with the provisions of this act, and for the execution
of the same in the matter of furnishing the city, or any part thereof,
with gas, electricity or any other illuminant; of the selecting, locat-
ing and removing and changing of lights for the use of the city; of
the inspecting and testing of gas and electricity used for light, heat-
ing and power purposes, gas meters, electric meters, electric wires
and of all lights furnished to said city; and of the use and transmis-
sion of gas, electricity, pneumatic power and steam for all purposes
in, upon, across, over and under all streets, roads, avenues, parks,
public places and public buildings; of the construction of electric
mains, conduits, conductors, and subways in any such streets, roads,
avenues, parks and public places, and the granting of the permis-
sion to open streets, when approved by the department of highways,
and to open the same for the purpose of carrying on therein the
88 573-575] TESTS AND INSPECTIONS TO BE MADE.
279
business of transmitting, conducting, using and selling electricity,
steam, or for the service of pneumatic tubes.
3. Of the care and cleaning of all offices leased or occupied for
public uses.
4. Of the location, care, management and maintenance of the
public baths.
5. Of the location, erection, establishment and maintenance of
public urinals.
6. Of the purchase of fuel, furniture, utensils, books and other
articles needed for the public offices, which are to be furnished upon
the receipt of a written requisition signed by the head of the depart-
ment or office in which the same is required, and by the principal
officer in charge of the subdivision. The said commissioner shall
prepare all contracts relating to his department for submission to
the board of public improvements.
Consulting engineer; duties.
§ 574. The consulting engineer of lighting and electricity shall
when requested by the commissioner of public buildings, lighting
and supplies, examine problems arising from the use of gas and
electricity and steam affecting public interests in said city from
time to time, and shall report thereon to the said commissioner
from time to time as he may be required. He shall recommend to
the said commissioner proposed ordinances for the use and control
of gas and electricity and steam, which the said commissioner may
submit to the board of public improvements; and he shall perform
such other duties as the said commissioner may from time to time
Commissioner; to cause tests to be made, etc.
§ 575. The said commissioner shall cause tests to be made of
all gas used for lighting, heating and power purposes, shall cause
inspections to be made of gas and electric lights furnished to the
city, and of gas meters and electric meters and electric wiring, as
such tests may be provided for by the proper appropriation; the
said commissioner shall cause tests to be made of all meters in use
in said city for measuring or ascertaining the quantity of gas or
electricity or steam furnished by any corporation or person in said
city within one year after this act shall take effect; and thereafter no
corporation or person shall furnish or put in use any gas or electric
or steam meter which shall not have been inspected, approved and
sealed by the inspectors, and every such corporation or person shall
provide and keep in or upon their premises a suitable and proper
280 PECUNIARY INTEREST IN GAS, ETC.,FORBIDDEN. [$8 575-577
apparatus to be approved and sealed by the inspector for testing and
proving accuracy of meters furnished for use by them. Whenever
a meter shall be inspected the inspector shall attach thereto some
seal, stamp or mark, with the inspector's name, the date of his
inspection, and whether or not the meter is accurate. Meters in use
shall be reinspected and tested on the written request of the con-
sumer, or of the company, in the presence of the consumer, if
desired. If any such meter on being so tested shall be found
defective or inaccurate to the prejudice or injury of the consumer,
the necessary removal, inspection, correction and replacing of such
meter shall be without expense to the consumer; but in all other
cases, except where the change is beneficial to the company, he shall
pay the reasonable expense of such inspection, and the reinspection
shall be stamped on the meter. Provided, however, that nothing
herein contained shall be construed as requiring to be sealed, elec-
trolytic or other electric meters, which in their construction or use
are not susceptible of being sealed nor the apparatus employed in
taking the usual periodic readings therefrom; but all such meters
shall, in all other respects, be tested and stamped in the manner
provided herein for other meters; and every corporation using such
electrolytic or other meters shall at all times admit the inspectors
of meters at its meter department and reading rooms, and permit
the inspection by him of all meters and of all the processes, methods
and operations of measuring electric current consumed by it.
See ch. 40, $$ 62-64, Gen’l. Laws, enacted by L. 1890, ch. 566.
Laws repealed.
§ 576. The provisions of sections sixty-two, sixty-three and sixty-
four of chapter forty of the general laws, known as the transporta-
tion corporations law, are hereby repealed in so far as they affect the
inspection of gas meters and electric meters within The City of New
York.
Interest in manufacture of gas, etc., and certain acts by officers, etc., of
department prohibited.
$ 577. No officer, agent or employe of the department of public
buildings, lighting and supplies shall in any way, directly or indi-
rectly, be interested, pecuniarily, in the manufacture or sale of gas,
or of electricity or steam, or of gas or electric or steam meters, or
of any article or commodity used by gas or electric companies, or
used for any purpose for the consumption of gas or of electricity,
or steam, or in or with a gas or electric or steam company, and no
such officer, agent or employe shall give certificates or written
opinions to a maker or vendor of any such article or commodity.
SS 578-580] INSPECTION OF ELECTRIC WIRING.
281
Inspection of illuminating gas; tests.
$ 578. The illuminating gas of every company shall be inspected
at least twice a year, and may be inspected as frequently as the
commissioner may think best, but not oftener than once a week.
The gas shall be tested for illuminating power by means of a disc
shall be burned from a burner best adapted to it, which is at the
same time suitable for domestic use, and at as near the rate of five
feet per hour as is practicable. When the gas of any such com-
pany shall be found on three consecutive inspections to be of an
illuminating power less than twenty sperm candles of six to a pound,
and burning at the rate of one hundred and twenty grains of sper-
maceti per hour, tested at such place as the said commissioner shall
specify by a burner consuming five cubic feet of gas per hour, and
shall not comply with the reasonable and proper standard of purity
as fixed by said commissioner, a fine of one hundred dollars shall be
Commissioner to submit proposed ordinances relative to wires, etc.
§ 579. The said commissioner shall from time to time submit for
the consideration of the board of public improvements such pro-
posed ordinances in regard to electric wires, appliances and currents
for furnishing light, heat or power when introduced into or placed
in any building in said city. Such proposed ordinances shall pre-
scribe the method of construction, operation, location, arrangement,
insulation and use of such wires, appliances and currents, as said
commissioner shall from time to time deem necessary for the protec-
tion of life and property.
Inspector of electric wiring; qualifications; all wires to be inspected;
rules, notices, etc.; penalty for violation.
$ 580. Any inspector of electric wiring appointed in the depart-
ment shall have a technical and practical knowledge of the construc-
tion and operation of electrical lines and appliances. After this
act takes effect, the commissioner shall cause to be inspected all
such wires, currents and appliances that may be introduced into
or placed in any building in said city, and the said commissioner
shall furnish a certificate of such inspection to any person or cor-
poration applying therefor. All notices of the violation of any of
the provisions of this section, or of any ordinances relating to said
department, or any regulations, rules or orders made thereunder
relating to electrical wires, currents or appliances, shall be issued
and served in the manner provided in this act for the service of
282 PLACING ELECTRIC WIRES UNDERGROUND. [SS 580, 581
notices. The violation of any of the provisions of this section
or of any of the said ordinances or any rules or regulations there-
under shall be deemed to be a violation of the provisions of the
department of buildings of said city, and shall subject the person
or corporation committing the same to the penalties prescribed
herein for such violations.
i
Removal of electric wires.
§ 581. Whenever in the opinion of the board of public improve-
ments, it shall be practicable to remove the electrical conductors
above ground in any street, avenue, highway or public place of
that part of The City of New York which lies within the boroughs
of Manhattan and The Bronx, after the grade of said street, avenue
or highway shall have been finally determined and established,
and to place the same underground, the commissioner of public
buildings, lighting and supplies, shall notify the owners or opera-
tors of the electrical conductors above ground that such electrical
conductors must be removed within a certain time to be fixed by
said commissioner, which time shall be sufficient for such removal,
and in the case of a corporation duly authorized to lay and operate
electrical conductors underground in such street, avenue, highway
or public place, sufficient also for the proper laying of conductors
underground in place of those removed. All electrical conductors
authorized to be placed underground, shall be placed underground
under and in accordance with the provisions of chapter seven
hundred and sixteen of the laws of eighteen hundred and eighty-
seven, chapter two hundred and thirty-one of the laws of eighteen
hundred and ninety-one, chapter two hundred and sixty-three of the
laws of eighteen hundred and ninety-two, and the laws amendatory
thereof and supplemental thereto. Whenever application shall be
made to said commissioner of public buildings, lighting and sup-
plies, for permission to place underground electrical conductors in
any street, avenue, highway or public place of that part of The
City of New York which lies within the boroughs of Manhattan and
*The Bronx, the subways therefor shall, if such permission be
granted, be constructed or provided, and such electrical conductors
placed underground under and in accordance with said laws. But
such permission shall be granted only in accordance with the
provisions of said laws.
See L. 1885, ch. 499; L. 1887, ch. 716; L. 1891, ch. 231; L. 1892, ch. 263.
(a) See People ex rel. N. Y. Elec.
Lines Co. v. Squire, 107 N. Y. 593;
affi'g 14 Daly, 154; American Rapid
Trans. Co. v. Hess, 125 N. Y. 641;
affi'g 58 Hun, 610; S. C., 12 N. Y.
Supp. 536; Armstrong v. Grant, 5.0
$8 582, 583] UNDERGROUND 283
F2
ELECTRICAL CONDUCTORS.
Hun, 226; S. C., 9 N. Y. Supp. 388;
U. S. Illuminating Co. v. Grant, 55
Hun, 222; S. C., 7 N. Y. Supp. 788;
Same v. Hess, 58 Hun, 610; S. C., 1
N. Y. Supp. 536; affi'g 3 Id. 777;
Brush Electric I. Co. v. Consoli-
dated Telegraphic Co., 60 Hun, 466;
S. C., 15 N. Y. Supp. 477.
Underground electrical conductors.
§ 582. Whenever the said board of public improvements shall
deem it desirable and practicable, after hearing all parties inter-
ested, that the electrical conductors in any street, avenue, highway
or public place of The City of New York, lying within the boroughs
of Brooklyn, Queens and Richmond, be placed underground, the
said commissioner shall notify the owners or operators of the elec-
trical conductors above ground in any such street, avenue, highway
or public place, that said electrical conductors shall be placed under-
ground within a certain time to be fixed by the said commissioner,
which said time shall be sufficient for the proper construction of
underground conduits or other channels in said street, avenue
highway or public place. Whenever any duly authorized company
operating or intending to operate electrical conductors in any street,
avenue, highway or public place in that part of The City of New
York which lies within the boroughs of Brooklyn, Queens and
Richmond, shall desire to place its conductors or any of them under-
ground, it shall be obligatory upon such company to file with the
commissioner of public buildings, lighting and supplies, a map
or maps made to a scale, showing the streets or avenues or other
highways or public places, which are desired to be used for such
purpose, and giving the general location, dimensions and course
of the underground conduit desired to be constructed. Before any
such conduit shall be constructed it shall be necessary to obtain
the approval by said commissioner of said plan of construction so
proposed by such company, and said commissioner shall have power
to require that the work of removal and of constructing every such
system of underground conductors shall be done according to such
plan so approved.
See L. 1885, ch. 499; L. 1891, ch. 231; L. 1892, ch. 263.
Id.; procedure when board of public improvements determines upon.
§ 583. Whenever the commissioner of public buildings, lighting
and supplies, in accordance with the resolution of the board of
public improvements, shall notify the owners or operators of any
electrical conductors in The City of New York, that said conductors
shall be removed or placed underground within a certain time, the
time within which said electrical conductors shall be placed under-
ground shall be fixed by the said commissioner, giving all persons
284
AS
CONSTRUCTION OF ELECTRICAL SUBWAYS. [så 503-585
or corporations owning or operating such electrical conductors, an
opportunity to be heard on the question of the time necessary to
place said conductors underground, and after hearing the engineer
of lighting and electricity, and such other expert opinion as the said
commissioner may think advisable. Said owners or operators of
electrical conductors above ground in such street or locality shall
be required to remove all of said poles, wires or other electrical
conductors and supporting fixtures or other devices from any such
street or locality within thirty days after the expiration of the time
so fixed by said commissioner.
See L. 1885, ch. 499; L. 1887, ch. 716; L. 1891, ch. 231; L. 1892, ch. 263.
Id.; permit necessary to take up pavement, etc.; commissioner of public
buildings, etc., to determine method of extension; municipal assem-
bly may enact ordinances regulating use, etc.
§ 584. It shall be unlawful, after the passage of this act, for any
person or corporation to take up the pavement of any of the streets
and parks of said city, or to excavate for the purpose of laying
underground any electrical conductors, or to construct subways
unless permission in writing therefor-shall have been first obtained
from the said commissioner of public buildings, lighting and sup-
plies, endorsed by the commissioner of highways. And except with
a like permission therefor no electrical conductors, poles, wires or
other electrical devices or fixtures shall be constructed, erected,
strung, laid or maintained above or below the surface of any street,
avenue, highway or other public place, in any part of said city.
And the said commissioner of public buildings, lighting and sup-
plies shall determine whether any extension of the existing electri-
cal conductors of any person or corporation in said city shall be by
nieans of overhead or underground conductors. And the municipal
assembly may establish, and may from time to time enact ordi-
nances regulating all the construction, maintenance, use and man-
agement of the electrical conductors, poles and fixtures above
ground, the conduits and subways therefor constructed under-
ground, and for regulating the number and location of overhead
lines.
See L. 1885, ch. 499; L. 1887, ch. 716; L. 1891, ch. 231; L. 1892, ch. 263.
The four preceding sections to be police regulations.
585. The provisions of the four preceding sections of this act
are made police regulations in and for The City of New York, and
in case the several owners of said poles, wires or other electrical
conductors, fixtures and devices shall not cause them to be removed
$$ 585-587] SEPARATE CONTRACTS FOR LIGHTING. .
285
.
from such streets or localities as required by said commissioner or
by the determination of the board of public improvements, or shall
neglect or refuse to comply with any of the ordinances as herein
provided, it shall be the duty of the said commissioner to cause
the same to be removed from said streets, roads, avenues, lanes,
parks and public places.
L
Former boards to turn over maps, etc., to commissioner.
$ 586. The board of electrical control in and for The City of New
York and the mayor and commissioner of city works of the city of
Brooklyn, acting as commissioners of electrical subways of the city
of Brooklyn, are hereby required and directed to turn over and
deliver to the commissioner of public buildings, lighting and sup-
plies, within thirty days after this act shall take effect, all maps,
plans, models, books and papers relating to the construction and
location of electrical conductors, conduits or subways filed with or
communicated to said commissioner, and all official records and
papers of every kind in their possession.
f
Separate contracts for lighting each borough; duty of commissioner.
$ 587. The commissioner of public buildings, lighting and supplies
under and in conformity to the ordinance regulating contracts shall
prepare the terms and specifications under which contracts shall be
made for lighting the streets, public buildings and parks of said city.
Separate contracts shall be made for such lighting in each of the
boroughs of The City of New York, or in such subdivisions of
the city as may appear to the board of public improvements and the
municipal assembly to be for the best interests of said city. The
number, kind and location of lights to be furnished under each of
said contracts shall be determined and prescribed by the commis-
sioner of public buildings, lighting and supplies. Such bids shall
be prepared and advertised for, and such contracts shall be executed
in the manner prescribed for herein as to other contracts entered
into by said city or the departments thereof. Contracts shall be
made for the term of one year, and shall be awarded to the lowest
bidder, unless the board of public improvements by a vote of
a majority of its members, of whom the mayor and comptroller shall
be two, shall determine that it is for the public interest that a bid
other than the lowest should be accented. Contracts made for
à given borough or district shall include all lights of a given kind
used by said city in said borough or district then ordered or there-
after to be ordered by said commissioner during the term of said
contract. But no bid shall be entertained unless the said commis-
286
DEVOLUTION OF POWERS OF FORMER BOARDS. [S 588
sioner shall be satisfied that the party or parties bidding are pos-
sessed of sufficient plant to carry out the provisions of the contract.
Devolution of powers of former boards.
§ 588. All powers and duties conferred or imposed upon the cor-
poration heretofore known as the mayor, aldermen and commonalty
of The City of New York, or upon any of the officers, or any board
thereof, or upon the board of electrical control in and for The City
of New York, or upon the corporation known as the city of Brook-
lyn, or upon any of the officers or any board thereof, or upon any
board of commissioners of electrical subways therein, or upon the
corporation known as Long Island City, or upon any of the officers,
or any board thereof, or upon any other municipal corporation, town
or village, or any board of public officers existing or acting within the
territory of the county of Richmond, or within so much of the terri-
tory of the county of Queens as is by this act annexed to the corpora-
tion known as the mayor, aldermen and commonalty of The City of
New York, so far as such powers and duties in any way relate to the
construction, repairs, cleaning and maintenance of public buildings,
including markets, except schoolhouses, almshouses, penitentiaries,
and fire and police station houses, and other buildings whose care
and custody are otherwise provided for in this act, and to furnishing
the city, or any part thereof, with gas, electricity, or any other illumi-
nant, or of steam; the selecting, locating and removing and chang-
ing of lights for the use of the city; the inspecting and testing of gas
and electricity used for light, heating and power purposes, gas
meters, electric meters, electric wires and of all lights furnished to
said city; and the use and transmission of electricity for all purposes
in, upon, across, over and under all streets, roads, avenues, parks,
public places, and public buildings; the construction of electric
mains, conduits, conductors and subways in any such streets, roads,
avenues, parks, and public places, and the granting of the permission
to open streets, and to open same for the purpose of carrying on
therein the business of using and selling electricity or steam, or for the
service of pneumatic tubes, the care of all offices leased or occupied.
for public uses; the location, care, management and maintenance
of the public baths; the location, erection, establishment and main-
tenance of public urinals; the purchase of fuel, furniture, utensils,
books, stationery, and other articles needed for the public offices,
so far as such powers are consistent with and conformable to the
provisions of this act, are hereby conferred and imposed upon The
City of New York as constituted by this act, and as a matter of
administration are devolved upon the commissioner of public build-
1
COMMISSIONER OF BRIDGES.
287
ings, lighting and supplies, to be by him exercised, performed and
executed according to the provisions, directions and limitations of
this act.
TITLE 9.
DEPARTMENT OF BRIDGES.
Sec. 594. Commissioner, appointment, term and salary.
595. Id.; jurisdiction.
596. Id.; to make daily report to comptroller.
597. Persons not affected by passage of this act; exceptions.
598. The New York and Brooklyn bridge a public highway.
599. Concurrent jurisdiction in boroughs of New York and Brooklyn.
over crimes, etc., committed on the said bridge.
600. Certain acts declared to be misdemeanors; penalties for.
601. Devolution of power of former boards, etc.
Commissioner, appointment, term and salary.
$ 594. The head of the department of bridges shall be called the
commissioner of bridges. He shall be appointed by the mayor and
hold office as provided in chapter four of this act. His salary shall
be seven thousand five hundred dollars a year.
See § 100, ante.
Id.; jurisdiction.
§ 595. The commissioner of bridges shall have cognizance and
control:
(1) Of the management and maintenance of the New York and
Brooklyn bridge.
(2) Of the operation of the railroad on the New York and Brook-
lyn bridge.
(3) Of the collection of fares and of tolls on the New York and
Brooklyn bridge.
(4) Of the construction, repair, maintenance and management of
all other bridges, that may at any time hereafter be constructed
in whole or in part at the expense of The City of New York, or that
may be acquired by said city.
(5) Of the construction, repair and maintenance of all other
bridges that are or may be in whole or in part a public charge, not
included in public parks, within the territory of The City of New
York, except the East River Bridge, authorized by chapter seven
hundred and eighty-nine, laws of eighteen hundred and ninety-five.
(a) As to liability of municipality
For wrongs of the commissioner of
bridges, their agents and employees,
see Walsh v, The Mayor, 107 N. Y.
220, affi'g 41 Hun. 299; Woodhull v.
The Same, 150 N. Y. 450, rev'g 176
Hun, 390.
288
NEW YORK AND BROOKLYN BRIDGE. . [S8.596–599
Id.; to make daily report to comptroller.
$ 596. The said commissioner shall keep accurate accounts of all
moneys received or collected by his department for fares, tolls, and
any other purpose, in such form as the comptroller of the city or
the ordinances of the municipal assembly shall require, and he
shall pay over the same daily to the chamberlain and make a
daily report of the same to the comptroller.
Persons not affected by passage of this act; exceptions.
§ 597. The engineers, officers and subordinates, with the excep-
tion of the attorneys and counsel, of the New York and Brooklyn
bridge in office or employment at the time of the passage of this act
and heretofore appointed by the trustees of the New York and
Brooklyn bridge shall not be affected by the passage of this act so
far as their positions are concerned, but shall continue to hold such
places and positions under the commissioner of bridges, subject to
the provisions of this act.
The New York and Brooklyn bridge, a public highway.
$ 598. The New York and Brooklyn bridge is hereby declared
to be a public highway for the purpose of rendering travel between
the boroughs of Manhattan and Brooklyn certain and safe at all
times, subject to such tolls and prudential and police regulations
as the municipal assembly shall adopt and prescribe; provided,
however, that the passageway of the bridge now set apart for foot
passengers shall remain free and open to all pedestrians coming or
going at all times.
L. 1882, ch. 410, $ 1978.
Concurrent jurisdiction in boroughs of New York and Brooklyn over
crimes, etc., committed on the said bridge.
§ 599. Concurrent jurisdiction shall be possessed by all courts
located in the borough of Manhattan, and by all courts located in
the borough of Brooklyn, and by the judicial and administrative
officers of The City of New York, over all crimes and offenses, com-
mitted upon said bridge and upon any other bridge that may here-
after be erected between the two boroughs. It shall be the duty
of the said commissioner of bridges, and he hereby is authorized
to execute the ordinances of the municipal assembly, relative to
said bridges and to have in immediate charge, the control and dis-
position of such members of the police force of The City of New
York, as may be assigned for duty in his department.
L. 1882, ch. 410, 8 1981.
$$ 600, 601] DEVOLUTION OF POWER OF FORMER BOARDS. 289
Certain acts declared to be misdemeanors; penalties for.
$ 600. Any person wilfully doing any injury to any of said bridges
or any of their appurtenances, shall forfeit and pay to the said City
of New York three times the amount of such injury, and shall be
deemed guilty of a misdemeanor, and be subject to a penalty not
exceeding five hundred dollars, and to imprisonment not exceeding
six months, in the discretion of the court.
L. 1882, ch. 410, $ 1982.
Devolution of power of former boards, etc.
§ 601. Upon the appointment of the commissioner of bridges,
the respective offices of the trustees of the New York and Brooklyn
bridge shall be and they hereby are declared abolished and all the
powers and duties vested in and devolved upon said trustees of
the New York and Brooklyn bridge by any law or statute shall,
so far as they are consistent with and conformable to the provisions
of this act, be devolved upon the commissioner of bridges of The
City of New York and upon the municipal assembly, and they shall
in all respects exercise such duties and perform such powers, sub-
ject, however, to the provisions, directions and limitations of this act.
19
CHAPTER XI.
DEPARTMENT OF PARKS.
TITLE I. THE PARKS OF THE CITY.
2. THE ART COMMISSION.
TITLE 1.
THE PARKS.
Sec. 607. Administrative jurisdiction; board; president; salaries; branch
offices.
608. Titles to parks, squares and public places.
609. Gifts of real and personal property.
610. General powers of the board; ordinances.
611. Landscape architect; appointment and duties.
612. General powers of commissioners as to the management of the
parks.
613. Maintenance and management of buildings in parks.
614. Appointment of subordinate officers.
615. Permits to buildings for fire apparatus.
616. General powers of commissioners under former acts.
617. Accounts; annual estimates; expenditures.
618. Advertisements for supplies.
619. Battery place; boat landings.
620. Harlein river improvement.
621. Metropolitan museum of art.
622. American museum of natural history.
623. New York public library.
624. Brooklyn institute of arts and sciences.
625. New York botanical garden.
626. New York zoological garden.
627. Military encampments and evolutions; public fairs.
Administrative jurisdiction; board; president; salaries; branch offices.
$ 607. The head of the department of parks shall be called the
park board. Said board shall consist of three members who shall
be known as commissioners of parks of The City of New York.
They shall be appointed by the mayor and shall hold their respective
offices as provided in chapter four of this act. One of said commis-
sioners shall be the president of the board, and shall be so designated
88 607-609] GIFTS OF REAL AND PERSONAL PROPERTY. 291
by the mayor. In appointing such commissioners, the mayor shall
specify the borough or boroughs in which they are respectively to
have administrative jurisdiction, to wit: one in the boroughs of Man-
hattan and Richmond; one in the borough of The Bronx; and one in
the boroughs of Brooklyn and Queens. The principal office of the
department of parks shall be in the borough of Manhattan. There shall
be branch offices in the boroughs of Brooklyn and The Bronx, and
a branch office may be established in the borough of Queens, or the
borough of Richmond, in the discretion of the board. At any time
when requested so to do by said board, the mayor may make a new
specification of the borough or boroughs in which said commission-
ers are respectively to have administrative jurisdiction. The salary
of each of said commissioners shall be five thousand dollars a year.
See § 101, ante.
(a) The commissioners of the de- a separate corporation. Rauh v.
partment of public parks simply Commrs. of Public Parks, 66 How.
constitute a subdivision of the city Pr. 368. See Ehrgott v. The Mayor,
government, and cannot be sued as '96 N. Y. 264; rev'g 66 How. Pr. 161.
Title to parks, squares and public places.
$ 608. The title to each and all of the parks, parkways, squares
and public places comprised within and belonging to the corpo-
ration heretofore known as the mayor, aldermen and commonalty of
the city of New York, or the corporation heretofore known as the
city of Brooklyn, or the corporation heretofore known as Long
Island City, or the county of Kings, or the county of Richmond,
or which are owned by the county of Queens and are comprised
within that portion of said county which is included in The City of
New York, as constituted by this act, or belonging to any of the
subdivisions of said counties, is hereby vested in The City of New
York, as hereby constituted.
Gifts of real and personal property.
§ 609. Real and personal property may be granted, devised,
bequeathed or conveyed to The City of New York, as constituted by
this act, for the purposes of the improvement or ornamentation of
the parks, squares, or public places in said city, or for the establish-
ment or maintenance, within the limits of any such park, square,
or public place, of museums, zoological, botanical, or other gardens,
collections of natural history, observatories, or works of art, upon
such trusts and conditions as may be prescribed by the grantors or
donors thereof, and be accepted by the department; and all property
so devised, granted, bequeathed, or conveyed, and the rents, issues,
292 RULES AND REGULATIONS TO BE ADOPTED. [88 609-611
profits, and income and increase thereof shall be subject to the
management, direction and control of the commissioner for the
borough or boroughs in which the same is situated or to which it
appertains, and except such surplus animals and duplicate speci-
mens as the park board may deem it judicious to dispose of by sale
or otherwise, the same shall be forever properly protected, preserved
and arranged for public use and enjoyment, subject to such rules
and regulations as the park board may prescribe. The said board
shall hereafter, with its annual report, make a statement of the con-
dition of all the gifts, devises and bequests of the previous year, and
of the names of the persons making the same.
L. 1882, ch. 410, 8 700.
General powers of the board; ordinances.
§ 610. The park board shall by a vote of a majority of its mem-
bers have power to establish general rules and regulations for the
administration of the department, which rules and regulations so
far as practicable shall be uniform in all the boroughs. Said board
shall have power to appoint a secretary, and, within the limit of its
appropriation, to appoint such subordinate officers, as may be neces-
sary for the proper conduct of the office of the department. The
board shall also have power by a votę of a majority of its members
to enact ordinances for the government and protection of all parks,
parkways, squares and public places within the city, and the same
shall at all times be subject to all such ordinances as to the use and
occupation thereof and in respect to any erections or encumbrances
thereon. Any person violating any of such ordinances shall be
guilty of a misdemeanor and shall on conviction before a city magis-
tiate be punished by a fine not exceeding fifty dollars, or in default
of payment of such fine by imprisonment not exceeding thirty days.
(a) In regard to the power vested
in the park commissioners to pass
ordinances regulating the use of
parks, see Ex parte Wright, 29
Hun, 357; S. C., 63 How. Pr. 345.
Landscape architect; appointment and duties.
§ 611. The board shall also appoint without definite term a land-
scape architect, skilled and expert, whose assent shall be requisite
to all plans and works or changes thereof respecting the conforma-
tion, development or ornamentation of any of the parks, squares,
or public places of the city, to the end that the same may be uniform
and symmetrical at all times. It shall be the duty of such architect,
from time to time, to prepare and submit to the board, or to any
commissioner, as he may deem proper, or as he may be requested
$$ 611-613] MAINTENANCE AND MANAGEMENT OF PARKS. 293
by said board or by any commissioner, plans for works or changes
thereof respecting the parks, parkways, squares or public places of
the city. The salary of said architect shall be fixed by the board
within the proper appropriation.
General powers of commissioners as to the management of parks.
§ 612. Subject to such general rules and regulations as shall be
established by the board, each commissioner shall have charge of
the management and be responsible for the care of all such parks,
parkways, squares and public places as are situated in the borough
or boroughs over which he has jurisdiction, and of the streets and
avenues immediately adjoining the same; but such jurisdiction
shall not extend to nor include the buildings which are now or may
hereafter be erected in such parks, squares or public places for gov-
ernmental purposes, other than those of the department of parks.
It shall be the duty of each commissioner, subject to such general
rules and regulations and in conformity therewith, to maintain the
beauty and utility of all such parks, squares and public places as are
situated within his jurisdiction, and to institute and execute all
measures for the improvement thereof for ornamental purposes and
for the beneficial uses of the people of the city. Subject to the
general rules and regulations established by the board, each com-
missioner shall have power to determine the line or curb and the
surface construction of all streets and avenues lying within a dis-
tance of three hundred and fifty feet from the outer boundaries of
any park, square or public place in his jurisdiction; and he shall
also have power to plant trees and to construct, erect and establish
seats, drinking fountains, statues and works of art, when he may
cleem it tasteful or appropriate so to do, on any part of the public
streets and avenues within such environments, subject to the pro-
visions of title two of this chapter, and to determine when and where
new lamps or lighting appliances shall be placed and lighted.
L. 1882, ch. 410, § 689. See $$ 637-639, infra.
Maintenance and management of buildings in parks.
$ 613. It shall be the duty of the commissioner for the boroughs
of Manhattan and Richmond to maintain the meteorological and
astronomical observatory, the Museum of Natural History, the
Metropolitan Museum of Art in Central park, the Aquarium in Bat- -
tery place, and such other buildings as now are or may hereafter
be erected in such parks or in any other park, square or public place
under his jurisdiction by authority of the municipal assembly. It
shall be the duty of the commissioner for the boroughs of Brooklyn
294
APPOINTMENT OF PARK ENGINEERS, ETC. [$$ 613,614
and Queens to maintain the Brooklyn Institute of Arts and Sciences,
and such other buildings as now are or may hereafter be erected in
any park, square or public place under his jurisdiction by authority
of the municipal assembly. It shall be the duty of the commissioner
for the borough of The Bronx to maintain the New York Botanical
Garden and the buildings appurtenant thereto, and such other insti-
tutions or buildings as may be established or erected in any park,
square or public place in his jurisdiction by authority of the munici-
pal assembly. It sliall be the duty of the several commissioners to
provide the necessary instruments, furniture and equipments for the
several buildings and institutions within their respective jurisdic-
tions, and, with the authority of the municipal assembly, to develop
and improve the same, and to erect additional buildings; but the
maintenance of all such buildings and institutions shall be subject
to the provisions of the acts incorporating said institutions, or either
of them, and the acts amendatory thereof, and to the powers of said
corporations thereunder, and of the boards by such acts created or.
provided for; and shall also be subject to and in conformity with
such contracts and agreements as have heretofore been made with
such institutions respectively, and are in force and effect when this
act takes effect, or as may be hereafter made by the authority of the
municipal assembly, and no moneys shall be expended for such pur-
poses unless an appropriation therefor has been made by the board
of estimate and apportionment and the municipal assembly. Out
of the moneys annually appropriated for the maintenance of parks
each commissioner may apply such sum as shall be fixed by the
board of estimate and apportionment for the keeping, preservation
and exhibition of the collections placed or contained in buildings
or institutions now situated or hereafter erected in the parks, squares
or public places under the jurisdiction of such commissioner.
L. 1882, ch. 410, 88 693, 696, 697, 698.
Appointment of subordinate officers.
§ 614. Each commissioner shall have power to appoint such
superintendents, engineers, subordinates, clerks and assistants as
may be necessary for the efficient performance of the duties of the
department respecting the parks, squares and public places within
his jurisdiction, and as may be authorized by the municipal assem-
bly and provided for by the proper appropriation. He shall, sub-
ject to the approval of the board, fix the salaries of his appointees
within the limits of such appropriation. Each commissioner shall
also have power to employ all of the mechanics, agents or laborers
needed or required for the work of the department in the parks,
88 614-616] POWER UNDER FORMER ACTS CONTINUED. 295
squares and public places in his jurisdiction within the limits of the
proper appropriation and to arrange and classify the various appoin-
tees and employes in such manner and under such titles or designa-
tions as the board may prescribe. Each commissioner shall have
in immediate charge the control and disposition of such members
of the police force of The City of New York, as constituted by this
act, as may be assigned for duty in the parks, squares or public
places subject to his jurisdiction.
Permits to buildings for fire apparatus.
$ 615. Each commissioner is hereby authorized in his discretion,
on the application in writing of the fire commissioner, to permit
a building or buildings for fire apparatus to be placed in any of the
parks, squares or public places situated within the jurisdiction of
such commissioner of parks, provided the said building or buildings
are so located and constructed as, in the judgment of the commis-
sioner granting such permission, will not disfigure or encumber the .
said park, square or public place, or interfere with the purposes of
public use and recreation, but will tend to the protection of the
public and their property.
| L. 1882, chi 410, 8 699.
General powers of commissioners under former acts.
$ 616. The commissioner for the boroughs of Manhattan and
Richmond shall in addition to the powers, rights and duties
expressly conferred or imposed upon him by this act, possess and
exercise all the powers, rights and duties and shall be subject to all
the obligations heretofore vested in, conferred upon or required of
the corporation known as the mayor, aldermen and commonalty
of The City of New York, or the department of parks in said city, or
the commissioners of parks, or in any other board, body or officer
therein or thereof, or in any commission, commissioner, body, board
or officer in or for the county of Richmond, so far as such powers,
rights, duties and obligations concern or affect the control, care,
inanagement, government, extension, maintenance or administra-
tive jurisdiction of the parks, squares and other public places situ-
ated or lying within the boroughs of Manhattan and Richmond or
either of them at the time this act takes effect or which may there-
after be opened or established therein, so far as the same are not
inconsistent with this act. The commissioner for the borough of
The Bronx shall, in addition to the powers, rights and duties
expressly conferred or imposed upon him by this act, possess and
exercise all the aforesaid powers, rights, duties and shall be subject
296 ACCOUNTS, ESTIMATES AND EXPENDITURES. [$$ 616,617
to all the aforesaid obligations so far as such powers, rights, duties
and obligations concern or affect the care, management, control,
government, extension, maintenance or administrative jurisdiction of
the parks, squares and other public places situated or lying within
the borough of The Bronx at the time this act takes effect, or which
inay thereafter be opened or established therein, so far as the same
are not inconsistent with this act. The commissioner for the
boroughs of Brooklyn and Queens shall in addition to the powers,
rights and duties expressly conferred or imposed upon him by this
act, possess and exercise all the powers, rights and duties and shall
be subject to all the obligations heretofore vested in or conferred
upon, or required of the corporation known as the city of Brooklyn,
or the department of parks in and for said city, or the commissioners
of parks, or any commission, commissioner, body, board or officer
of said city or of the county of Kings, or in any commissioner, body,
board or officer in or for that portion of the county of Queens which
. is included in The City of New York as constituted by this act, so
far as such powers, rights, duties and obligations concern or affect
the control, care, management, government, extension, maintenance
or administrative jurisdiction of the parks, squares and other public
places situated or lying within the boroughs of Brooklyn and
Queens, or either of them, at the time this act takes effect or which
may be thereafter opened or established therein, so far as the same
are not inconsistent with this act.
Accounts; annual estimates; expenditures.
: $ 617. Each commissioner shall keep accurate and detailed
accounts, in a form approved by the commissioners of accounts, of
all moneys received and expended by him, the sources from which
they are received and the purposes for which they are expended,
and shall prepare itemized monthly statements of all receipts and
expenditures in duplicate, one of which statements, together with
all vouchers, shall be filed with the comptroller, and one of which
shall be filed in his own office. Each commissioner shall, on or
before the first day of September in each year prepare an itemized
estimate of his necessary expenses for the ensuing fiscal year and
present the same to the board. The three estimates so prepared,
as revised by the board, shall together constitute the annual esti-
mate of the department of parks, and shall be submitted to the
board of estimate and apportionment within the time prescribed
by this act for the submission of estimates for the several depart-
ments of the city. No commissioner shall incur any expense for
any purpose in excess of the amount appropriated therefor; nor
83 617–619]
297
CONTROL OVER BATTERY PLACE.
shall he expend any money so appropriated for any purpose other
than that for which it was appropriated. The commissioner for
the boroughs of Manhattan and Richmond shall annually include
in his estimate of the amount necessary for the maintenance of
the parks, the sums now authorized by law for the maintenance
of the American Museum of Natural History and the Metropolitan
Museum of Art, not exceeding, however, ninety-five thousand dol-
lars per annum for each of the said museums. It shall be the duty
of the board of estimate and apportionment and of the municipal
assembly to provide in the annual budget the proportionate part of
the appropriation for the department of parks applicable to the
administration of the department in each borough of the city, bor-
ough by borough.
f
Advertisements for supplies.
$ 618. The board shall from time to time as may be necessary,
advertise in the City Record and corporation newspapers for not
less than ten days, for the proposals for such articles and supplies
as shall be necessary to be used in the parks, squares and public
places of the city, and shall award contracts for the same to the
lowest bidders, who shall give adequate security for the faithful
performance of such contracts, excepting such perishable articles
as may be excepted by the rules and regulations of the board. In
case of an emergency each commissioner may purchase articles
immediately required without calling for competition at an expense
not exceeding one thousand dollars during any one month.
See cases cited under $ 419, ante.
Battery place; boat landings.
§ 619. The commissioner for the boroughs of Manhattan and
Richmond shall have power and control over all that portion of
Battery place lying south of the line of the south side of pier num-
ber one, North river, and west of the easterly line of West street,
extended in a southerly direction, and also over the waters of the
North river and soil under the waters thereof, in front of said por-
tion of Battery place, and to the extent of two hundred feet westerly
from the westerly end of said Battery place; and it shall be lawful
for such commissioner to erect, construct and maintain on said part
of Battery place, and over or on the lands under water before men-
tioned, suitable buildings, docks, piers, or basins for the accommo-
dation of small boats that may be engaged in the business of attend-
ing on shipping lying in the said river, or the bay or harbor of New
York, and also to make, prescribe and enforce, from time to time,
298 MUSEUM OF ART AND NATURAL HISTORY. [$8 619-622
such rules and regulations for the use and enjoyment of the same,
as to the commissioners shall seem meet and proper for the public
interest. Such commissioner may also prescribe and enforce like
rules and ordinances for the control and government of all small
hoats frequenting or using the water basin at the south end of the
Battery.
| L. 1882, ch. 410, 8 669.
Harlem river improvement.
§ 620. It shall be the duty of the commissioner for the boroughs
of Manhattan and Richmond to continue and complete every and
all plan or plans, work or construction, respecting the improvement
of Harlem river, heretofore devolved upon the department of public
parks of the corporation known as the mayor, aldermen and com-
monalty of the city of New York, by chapter five hundred and
thirty-four of the laws of eighteen hundred and seventy-one, and by
all acts or parts of acts amendatory thereof, so far as the same
remain to be continued and completed according to the provisions
of that act or its amendments.
L. 1882, ch. 410, $$ 675, 696, 698, re-enacting L. 1871, ch, 534.
Metropolitan Museum of Art.
§ 621. The commissioner for the boroughs of Manhattan and
Richmond is hereby authorized and directed to continue the con-
tract with the Metropolitan Museum of Art for the occupation by it
of the buildings erected or to be erected on that portion of the
Central park east of the old receiving reservoir, and bounded on the
west by the drive, on the east by the Fifth avenue, on the south by
a continuation of Eightieth street, and on the north by a continu-
ation of Eighty-fifth street, and for transferring thereto and estab-
lishing and maintaining therein its museum, library, and collections,
and carrying out the objects and purposes of the said Museum
of Art.
| L. 1882, ch. 410, $ 697.
American Museum of Natural History,
$ 622. The commissioner for the boroughs of Manhattan and
Richmond is hereby authorized and directed to continue the con-
tract with the American Museum of Natural History for the occu-
pation by it of the building erected, or to be erected, on that portion
of the Central park formerly known as Manhattan square, and for
establishing and maintaining therein its museums, library and
1
S$ 623,624] N.Y. PUBLIC LIBRARY AND B'KLYN INSTITUTE. 299
collections, and carrying out the objects and purposes of said
museum.
| L. 1882, ch. 410, $ 696. •
New York public library.
§ 623. Whenever, pursuant to lawful authority, the land at pres-
ent occupied by the reservoir at Fifth avenue and Fortieth and
Forty-second streets shall be made a public park, and the removal
of said reservoir shall have been duly authorized and directed, the
commissioner for the boroughs of Manhattan and Richmond is
hereby authorized and directed to make and enter into a contract
with the New York public library, Astor, Lenox and Tilden founda-
tions, a corporation duly organized under the laws of this state, for
the use and occupation of said land, or of any part thereof, by the
said corporation and its successors, for establishing and maintain-
ing thereon a free public library and reading room, and for carrying
out the objects and purposes of said corporation in accordance with
the provisions of the agreement of consolidation between the trus-
tees of the Astor library, of the Lenox library and of the Tilden
trust, and the several acts incorporating the said several corpora-
tions; and said contract may provide that such use and occupation
shall continue so long as the said the New York public library,
Astor, Lenox and Tilden foundations, or its successors, shall
maintain such free public library and reading room upon said land.
L. 1882, ch. 410, § 696, as amd. by L. 1896, ch. 714.
Brooklyn Institute of Arts and Sciences.
§ 624. The commissioner for the boroughs of Brooklyn and
Queens is hereby authorized and directed to continue the contract
and lease with the Brooklyn Institute of Arts and Sciences, for the
occupation by it of park lands and of a building or buildings erected
or to be erected on that portion of Prospect park bounded by the
Eastern parkway on the north, Washington avenue on the east,
a line parallel to Old President street, and one hundred feet south
of the southerly line of said street, on the south, and on the west by
the easterly line of land reserved for Prospect Hill reservoir, and in
continuation thereof, for establishing and maintaining therein its
ruuseum, library, and collections. For carrying out the plans and
furposes of said institute and for the maintenance of said museum
building or buildings, and for the keeping, preservation and exhi-
bition of collections placed therein, a sum not less than twenty
thousand dollars shall be appropriated annually by the said city of
New York, as constituted by this act.
to 1891, ch. 89, as amd. by L. 1884, ch. 577; L. 1896, ch. 406.
300 N. Y. BOTANICAL AND ZOOLOGICAL GARDENS. [$$ 625, 626
i
New York Botanical Garden.
$ 625. The commissioner for the borough of The Bronx is hereby
authorized and directed to carry out the existing contract made by
and between the department of parks of the corporation heretofore
known as the mayor, aldermen and commonalty of the city of New
York and the board of managers of the corporation known as the
New York Botanical Garden pursuant to the provisions of chapter
two hundred and eighty-five of the laws of eighteen hundred and
ninety-one, entitled “ An act to provide for the establishment of
a botanic garden and museum and arboretum in Bronx park in the
city of New York and to incorporate the New York botanical gar-
den for carrying on the same," as amended by chapter one hundred
and three of the laws of eighteen hundred and ninety-four, which
contract provides for the allotting and setting apart for the uses
of said garden of two hundred and fifty acres of land or less in the
northern part of Bronx park as shown upon a certain map thereof
numbered five hundred and sixty-eight, and signed by Messrs. Vaux
and Parsons, and filed with the former department of public parks
of the corporation known as the mayor, aldermen and commonalty
of the city of New York.
| L. 1891, ch. 285; L. 1894, ch. 103.
10
New York Zoological Garden.
§ 626. The commissioner for the borough of The Bronx is hereby
authorized and directed to carry out the contract made by and
between the department of public parks and the sinking fund com-
missioners of the corporation heretofore known as the mayor, alder-
men and commonalty of the city of New York, with the board of
mnanagers of the corporation known as the New York Zoological
Society, pursuant to the provisions of chapter four hundred and
thirty-five of the laws cf eighteen hundred and ninety-five, entitled
“An act to incorporate the New York Zoological Society and to
provide for the establishment of a zoological garden in the city of
New York,” if such a contract shall have been entered into prior to
the passage of this act. If no such contract shall have been entered
into by the said department of parks and the said sinking fund com-
missioners prior to the passage of this act, then and in that case the
said commissioner for the borough of The Bronx, with the consent
and approval of the sinking fund commissioners of The City of New
York, as constituted by this act, is hereby authorized to enter into
a contract in behalf of The City of New York with said New York
Zoological Society allotting and setting apart for the use of said
$$ 627,633]
301
ART COMMISSION.
society, a tract of land in Bronx park in said borough of The Bronx
upon such terms and conditions as shall be approved by the said
commissioner and said sinking fund commissioners...
See L. 1895, ch. 435.
Military encampments and evolutions; public fairs.
§ 627. No military encampment, parade, drill, review, or other
inilitary evolution, or exercise, shall be held or performed in any
park, or in any part thereof; nor shall any military company, regi-
inent, or other military body, enter or move in military order within
any park without permit from the commissioner within whose juris-
diction such park is situated. No military officer shall have author-
ity to order, direct, or hold any such parade, drill, review, or other
evolutions or exercise, or encampment within any park, except in
case of riot, insurrection, rebellion or war without such permit. It
shall not be lawful to grant, use or occupy, for the purposes of
a public fair or exhibition, any portion of any park, square or
public place.
L. 1882, ch. 410, $ 692.
TITLE 2.
ART COMMISSION.
Sec. 633. Art commission; how constituted.
634. Members of commission; how chosen; vacancies.
635. Officers.
636. Offices to be provided; expenses, how met.
637. All works of art to be submitted to and approved by the com-
mission.
638. Time for decision limited.
639. Removal or re-location of works of art; duty of commission,
Art.commission; how constituted.
$ 633. There shall be an art commission for The City of New
York, composed as follows:
1. The mayor of The City of New York, ex officio.
2. The president of the Metropolitan Museum of Art, ex officio.
3. The president of the New York Public Library — (Astor,
Lenox and Tilden foundations), ex officio.
4. The president of the Brooklyn Institute of Arts and Sciences,
ex officio.
One painter, one sculptor and one architect, all residents of The
City of New York; and three other residents of said city, none of
whom shall be a painter, sculptor or architect or member of any
302
WORKS OF ART TO BE APPROVED. [88 633-637
other profession in the fine arts. All of the six last mentioned shall
be appointed by the mayor from a list, of not less than three times
the number to be appointed, proposed by the Fine Arts Federation
of New York. In all matters of which such commission takes cog-
nizance pertaining to work under the special charge of a commis-
sioner or department, the commissioner having such special charge
shall act as a member of the commission.
Members of commission; how chosen; vacancies.
$ 634. The painter, sculptor and architect, members of the com-
mission, shall choose by lot one, two and three year terms of office;
the three other appointed members of the commission shall also
choose by lot one, two and three year terms of office, and the
appointment of their successors, after the expiration of the first year
oi this commission, shall be for a term of three years. All appoint-
inents to fill vacancies shall be for the unexpired term. In case any
vacancy shall occur in the commission, by reason of death, resig-
be filled by appointment, as provided in section six hundred and
thirty-three of this act. In case the Fine Arts Federation shall fail
to present a list of nominees as aforesaid within three months from
the time when any appointment is to be made, the mayor shall
appoint without such nomination.
Officers.
§ 635. The commission shall serve without compensation as such,
and shall elect a president, vice-president and secretary from its own
members, whose terms of office shall be for one year and until their
successors are elected and have qualified. The commission shall
have power to adopt its own rules of procedure. Five commissioners
shall constitute a quorum.
Offices to be provided; expenses, how met.
§ 636. Suitable offices shall be provided for the commission by
the board of estimate and apportionment. The expenses of the
commission shall be paid by the city and the amount of the same
shall be fixed annually by the board of estimate and apportionment
and the municipal assembly.
1
$ 637. Hereafter no work of art shall become the property of The
City of New York, by purchase, gift or otherwise, unless such work
of art, or a design of the same, together with a statement of the
$$ 637–639]
303
REMOVAL OF WORKS OF ART.
proposed location of such work of art, shall first have been sub-
mitted to and approved by the commission; nor shall such work of
art until so approved be erected or placed in or upon, or allowed to
extend over or upon any street, avenue, square, common, park,
municipal building, or other public place belonging to the city. The
commission may, when they deem proper, also require a complete
model of the proposed work of art to be submitted. The term
"work of art” as used in this title shall apply to and include all
paintings, mural decorations, stained glass, statues, bas reliefs or
other sculptures; monuments, fountains, arches, or other structures
of a permanent character intended for ornament or commemora-
tion. No existing work of art in the possession of the city shall be
removed, relocated or altered in any way without the similar
approval of the commission, except as provided in section six hun-
dred and thirty-nine of this act. When so requested by the mayor
or the municipal assembly the commission shall act in a similar
capacity, with similar powers, in respect of the designs of municipal
buildings, bridges, approaches, gates, fences, lamps or other struct-
ures erected or to be erected upon land belonging to the city, and
in respect to the lines, grades and plotting of public ways and
grounds, and in respect of arches, bridges, structures and
approaches which are the property of any corporation or private
individual, and which shall extend over or upon any street, avenue,
highway, park or public place belonging to the city. But this sec-
tion shall not be construed as intended to impair the power of the
park board to refuse its consent to the erection or acceptance of
public monuments or memorials or other works of art of any sort
within any park, square or public place in the city.
Time for decision limited.
$ 638. If the commission shall fail to decide upon any matter sub-
mitted to it within sixty days after such submission, its decision shall
be deemed unnecessary.
Removal or re-location of works of art; duty of commission.
$ 639. In case the immediate removal or relocation of any exist-
ing work of art shall be deemed necessary by the mayor, the com-
mission shall within forty-eight hours after notice from him approve
or disapprove of such removal or re-location, and in case of their
failure so to act within forty-eight hours after the receipt of such
notice, they shall be deemed to have approved the same.
CHAPTER XII.
DEPARTMENT OF BUILDINGS.
Sec. 644. Appointment of commissioners; qualifications; jurisdiction;
salaries.
645. Rules and regulations.
646. General powers of commissioners under existing laws.
647. Continuation and repeal of existing laws; building code.
648. Duties of commissioners; appointment and removal of subordi.
nates.
649. Decisions of commissioners; appeals.
650. Power to vary the provisions of law.
651. Accounts; annua) estimates; expenditures.
652. Record of applications.
Appointment of commissioners; qualifications; jurisdiction; salaries.
§ 644. The head of the department of buildings shall be called the
board of buildings. Said board shall consist of three members to
be known as commissioners of buildings. They shall be appointed
by the mayor and shall hold their respective offices as provided in
chapter four of this act. Each of said commissioners shall be a com-
petent architect or builder of at least ten years' experience. One of
said commissioners shall be the president of the board, and shall be
so designated by the mayor. In appointing such commissioners
the mayor shall specify the borough or boroughs in which they are
respectively to have administrative jurisdiction, to wit: one in the
boroughs of Manhattan and The Bronx; one in the borough of
Brooklyn; and one in the boroughs of Queens and Richmond. The
principal office of the department of buildings shall be in the bor-
ough of Manhattan. There shall be a branch office in the borough
of Brooklyn, and a branch office may be established in any of the
other boroughs, in the discretion of the board. The salary of the
-commissioner of buildings for the boroughs of Manhattan and The
Bronx, and the salary of the commissioner of buildings for the bor-
ough of Brooklyn, shall in each case be seven thousand dollars
a year. The salary of the commissioner of buildings for the bor-
oughs of Queens and Richmond shall be three thousand five hun-
dred dollars a year.
See § 102, ante.
$645, 646] POWERS OF COMMISSIONERS.
305
Rules and regulations.
$ 645. The board shall have the power, by a vote of a majority
of its members, to establish general rules and regulations for the
administration of the department, and such other rules and regula-
tions as were authorized by law at the time of the passage of this
act to be established by the superintendent of buildings in the city
of New York, or by the commissioner of the department of build-
ings in the city of Brooklyn, as said cities were formerly consti-
tuted. Such rules and regulations shall, so far as practicable, be
uniform in all the boroughs, but the board shall have power, from
time to time, to amend or repeal such rules and regulations when in
the opinion of a majority of the commissioners it shall seem neces-
sary or desirable. The board shall also have power to appoint
a secretary, and within the limits of its appropriation to appoint such
subordinate officers as may be necessary for the proper conduct of
the office of the department.
General powers of commissioners under existing laws.
$646. The commissioner for the boroughs of Manhattan and The
Pronx shall within such boroughs, in addition to the powers, rights
and duties expressly conferred or imposed upon him by this act,
possess and exercise all the powers, rights and duties and shall be
subject to all the obligations heretofore vested in, conferred upon
or required of the department of buildings or the superintendent
of buildings of The City of New York, as heretofore constituted,
except in so far as the same are inconsistent with or are modified by
this act. The commissioner for the borough of Brooklyn shall
within such borough, in addition to the powers, rights and duties
expressly conferred or imposed upon him by this act, possess and
exercise all the powers, rights and duties, and shall be subject to
all the obligations heretofore vested in, conferred upon or required
of the department of buildings in the city of Brooklyn as heretofore
constituted, except in so far as the same are inconsistent with or
are modified by this act. The commissioner for the boroughs of
Queens and Richmond shall within such boroughs respectively,
in addition to the powers, rights and duties expressly conferred
or imposed upon him by this act, possess and exercise all the powers,
rights and duties and shall be subject to all the obligations here-
tofore vested in, conferred upon or required of any department,
commission, board or officer of Long Island City as heretofore con-
stituted, or of any town or village as heretofore constituted which
1s comprised within that portion of the county of Queens included
in The City of New York as constituted by this act, or which is
20
306 POWER TO ESTABLISH A “BUILDING CODE.”
[$$ 647, 648
vested in, conferred upon or required of any department, commis-
sion, board or officer of any town or village in the county of Rich-
mond as heretofore constituted, so far as such powers, rights, duties
and obligations concern, affect or relate to the construction, altera-
tion or removal of any building or structure erected or to be erected
within said boroughs or either of them, except in so far as the same
are inconsistent with or are modified by this act.
-
Continuation and repeal of existing laws; building code.
$ 647. The several acts in effect at the time of the passage of this
act concerning, affecting, or relating to the construction, alteration
or removal of buildings or other structures in any of the municipal
and public corporations included within the city of New York as
constituted by this act are hereby continued in full force and effect
in such municipal and public corporations respectively, except in so
far as the same are inconsistent with or are modified by this act;
provided, however, that the municipal assembly shall have power
to establish and from time to time to amend a code of ordinances,
to be known as the “ building code,” providing for all matters con-
cerning, affecting, or relating to the construction, alteration, or
removal of buildings or structures erected or to be erected in The
City of New York, as constituted by this act, and for the purpose of
preparing such code to appoint and employ a commission of
experts; and provided further that upon the establishment of such
code the several acts first above mentioned shall cease to have any
force or effect, and are hereby repealed, but such repeal shall not
take effect until such“ building code " shall be established by the
municipal assembly as herein provided.
The provisions of such “building code” shall be in conformity
with and be subject to all general laws of the estate concerning,
affecting, or relating to buildings, or classes of buildings, or other
structures.
See laws affecting construction, continued in force by this section,
etc., of buildings in New York, in Appendix. .
Brooklyn and Long Island City,
Duties of commissioners; appointment and removal of subordinates.
648. Each commissioner shall, within the borough or boroughs
in which he is appointed to exercise administrative jurisdiction,
have charge of the administration of, and it shall be his duty, subject
to and in accordance with the general rules and regulations estab-
lished by the board, to enforce such rules and regulations and the
provisions of this chapter and of such ordinances as may be estab-
S8 648,649] APPOINTMENT AND REMOVAL OF SUBORDINATES. 307
lished by the municipal assembly and of the laws relating to the
construction, alteration or removal of buildings or other structures
erected or to be erected within such borough or boroughs. Each
commissioner within the limits of his appropriation shall have
power to appoint and at pleasure to remove subordinate officers, as
follows: Such superintendents of buildings, and such inspectors of
buildings, engineers, clerks, messengers, assistants and other subor-
dinates as in his judgment may be necessary and proper to carry
out and enforce such rules and regulations and ordinances and the
provisions of said laws and of this chapter within the borough or
boroughs under his jurisdiction. The superintendents of buildings
shall each be a competent architect, engineer or builder of at least
ten years' practice. The inspectors shall be competent men, either
architects, engineers, masons, carpenters, plumbers or iron workers,
who shall have served at least five years as such. It shall not be
lawful for any officer or employe in the department to be engaged in
conducting or carrying on business as an architect, civil engineer,
carpenter, plumber, iron worker, mason or builder while holding
office in the department. Each commissioner shall have power to
designate in writing one of the superintendents of buildings or any
of the inspectors so appointed by him to act on any survey author-
ized by law, or to perform such other duties as the said
commissioner may direct. Each commissioner may designate
a superintendent of buildings, who, during the absence or inability
of such commissioner, shall possess all the powers and perform all
the duties of such commissioner. Any employe, for any neglect of
duty, or omission to properly perform his duty, for violation of
rules, or neglect or disobedience of orders, or incapacity, or absence
without leave, may be punished by the commissioner appointing
him by forfeiting and withholding pay for a specified time, or by
suspension from duty with or without pay; but this provision shall
not be deemed to abridge the right of said commissioner to remove
or dismiss any inspector of buildings or other subordinate appointed
by him or by any predecessor in office from the service of the
department at any time in his discretion.
L. 1882, ch. 410, 8 514, as amd. by L. 1892, ch. 275, § 43.
Decisions of commissioners; appeals.
§ 649. Each commissioner shall have power and it shall be his
duty, Isubject to the provisions of law and the ordinances of the
municipal assembly and the general rules and regulations estab-
lished by the board, to pass upon any question relative to the mode,
manner of construction or materials to be used in the erection or
308 : APPROVAL OF ERECTIONS OR ALTERATIONS.
[S 649
f
alteration of any building or other structure erected or to be erected
within the borough or boroughs under his jurisdiction which is
included within the provisions of this chapter, or of any existing law
applicable to such borough or boroughs relating to the construc-
tion, alteration or removal of buildings or other structures, and to
require that such mode, manner of construction or materials shall
conform to the true intent and meaning of the several provisions of
this chapter and of the laws and ordinances aforesaid, and the rules
and regulations established by the board. Whenever a commis-
sioner to whom such question has been submitted shall reject or
refuse to approve the mode, manner of construction or materials
proposed to be followed or used in the erection or alteration of any
such building or structure, or when it is claimed that the rules and
regulations of the board or the provisions of law or of said ordi-
nances do not apply or that an equally good and more desirable
form of construction can be employed in any specific case, the
owner of such building or structure, or his duly authorized agent,
may appeal from the decision of such commissioner to the board in
any case where the amount involved by such decision shall exceed
the sum of one thousand dollars; provided, however, that in the
boroughs of Manhattan and The Bronx such appeals shall be taken
to the board of examiners, established by chapter four hundred and
fifty-six of the laws of eighteen hundred and eighty-five and the
several acts amendatory thereof or supplemental thereto. The com-
niissioner for the boroughs of Manhattan and The Bronx shall be
ex officio a member and the chairman of said board of examiners.
The other members of said board of examiners shall be the persons
mentioned and described in section' thirty-one of said chapter four
hundred and fifty-six of the laws of eighteen hundred and eighty-
five and the several acts amendatory thereof or supplemental thereto.
The appeal authorized by this section may be taken within ten days
from the entry of a decision upon the records of the commissioner
by filing with the commissioner rendering such decision and with
the secretary of the board established by this act or with the clerk
of the board of examiners, as the case may be, a notice of appeal,
stating specifically the questions which the appellant desires to have
passed upon by the board of buildings or by the board of exam-
iners, as the case may be, and by filing with the secretary of the
board of buildings or the clerk of the board of examiners, as the
case may be, copies of all papers required by law or by the rules and
regulations of the board of buildings to be submitted to the com-
missioner upon an application for a building permit, and the board
of buildings or the board of examiners, as the case may be, shall
$$ 649-651309
TT
5
TO VARY PROVISIONS OF LAW.
] POWER thereafter fix a day within a reasonable time for the hearing of such
appeal, and upon such hearing the appellant may be represented
either in person or by his agent or attorney. The decision of the
board of buildings or the board of examiners, as the case may be,
upon such appeal, shall be rendered without unnecessary delay and
such decision shall be final.
L. 1882, ch. 410, § 504, as amd. by L. 1885, ch. 456, § 31, and L. 1892, ch.
275, § 40.
Power to vary the provisions of law.
$ 650. Each commissioner shall have power, with the approval
of the board, to vary or modify any rule or regulation of the board
or the provisions of this chapter or of any existing law or ordinance
relating to the construction, alteration or removal of any building
or structure erected or to be erected within his jurisdiction upon an
application to him therefor in writing by the owner of such building
or structure, or his duly authorized agent, where there are practical
difficulties in the way of carrying out the strict letter of the law, so
that the spirit of the law shall be observed and public safety secured
and substantial justice done; but no such variation or modification
shall be granted or allowed except by a vote of a majority of the
board. Where such application has been filed with a commissioner
the owner of such building or structure or his duly authorized agent
shall have the right to present a petition to such commissioner and
the board setting forth the grounds for the desired variation or
modification, and may appear before said board and be heard,
The board shall fix a date within a reasonable time for a hearing
upon such application and shall as soon as practicable render
a decision thereon, which decision shall be final. The particulars
of each such application and of the decision of the board thereon
shall be entered upon the records of the board, and if the application
is granted a certificate therefor shall be issued by the commissioner
to whom the application is made and shall be countersigned by the
secretary of the board.
L. 1882, ch. 410, $ 504, as amd. by L. 1885, ch. 456, § 34, and L. 1892, ch.
275, § 40.
Accounts; annual estimates; expenditures. ..
$ 651. Each commissioner shall keep accurate and detailed
accounts, in a form approved by the commissioners of accounts of
all moneys received and expended by him, the sources from which
they are received and the purposes for which they are expended,
nd shall prepare itemized monthly statements of all receipts and
310 RECORD OF APPLICATIONS FOR BUILDINGS. [S$ 651, 652
expenditures in duplicate, one of which statements, together with all
vouchers, shall be filed with the comptroller, and one of which shall
be filed in his own office. Each commissioner shall, on or before
the first day of September in each year, prepare an itemized estimate
of his necessary expenses for the ensuing fiscal year and present
the same to the board. The three estimates so prepared as revised
by the board shall together constitute the annual estiniate of the
department of buildings, and shall be submitted to the board
of estimate and apportionment within the time prescribed by
of the city. No commissioner shall incur any expense for any pur-
pose in excess of the amount appropriated therefor; nor shall he
expend any money so appropriated for any purpose other than that
for which it was appropriated.
Record of applications.
$ 652. Each commissioner shall keep a record of all applications
presented to him concerning, affecting or relating to the construc-
tion, alteration or removal of buildings or other structures. Such
record shall include the date of the filing of each such application;
the name and address of the applicant; the name and address of the
owner of the land on which the structure mentioned in such appli-
cation is situated; the names and addresses of the architect and
builder employed thereon; a designation of the premises by street
number, or otherwise, sufficient to identify the same; a statement
of the nature and proposed use of such structure; and a brief state-
ment of the nature of the application, together with a memorandum
of the decision of the commissioner upon such application and the
records are hereby declared to be public records and shall be open
to inspection at all reasonable times.
CHAPTER XIII.
DEPARTMENT OF PUBLIC CHARITIES.
Sec. 658. Jurisdiction; salary.
659. Rules and regulations; subordinate officers.
660. Public institutions under the jurisdiction of the commissioners.
661. Payments to private institutions.
662. Powers of commissioners as to destitute and other persons.
663. Classification and instruction of inmates.
664. Powers of commissioners as to destitute and other children.
665. Notice of commitment of children.
666. Children committed as public charges; investigation.
667. Term of commitment of children; discharge.
668. Saving clause as to certain existing laws.
669. Record of inmates of institutions.
670. Temporary care in accident cases.
671. Temporary care of the insane.
672. Alteration and repair of buildings.
673. Potter's field.
674. Accounts; annual estimates; expenditures.
675. Advertisements for supplies.
676. Expenditures for the relief of the blind.
677. Detail of inmates of correctional institutions to work in depart-
ment.
678. Care of non-residents in Bellevue and Kings county hospitals.
679. Requisitions of subordinate officers.
680. Reports of subordinate officers.
681. Employment of inmates; articles manufactured; cultivation of
lands.
682. Hours of labor;. discipline.
683. Support of poor persons by relatives. -
684. Conduct of bastardy proceedings.
685. Maintenance of abandoned wives and children.
686. Commitments in abandonment proceedings; surety.
687. Actions on bonds in abandonment proceedings.
688. Recoveries in abandonment proceedings.
689. Appeals in abandonment proceedings; costs.
Jurisdiction; salary.
$ 658. The head of the department of public charities shall be
called the board of public charities. Said board shall consist of
three commissioners, who shall be designated commissioners of
public charities of The City of New York. They shall be appointed
312
JURISDICTION OF COMMISSIONERS. [S3658, 659
by the mayor and hold their respective offices, as provided in chapter
four of this act. One of said commissioners shall be the president
of said board, and shall be so designated by the mayor. In appoint-
ing such commissioners the mayor shall specify the borough or
boroughs in which they are respectively to have administrative juris-
diction, to wit: One in the boroughs of Manhattan and The Bronx;
one in the boroughs of Brooklyn and Queens; one in the borough of
Richmond. The salary of the commissioner for the boroughs of
Manhattan and The Bronx, and of the commissioner for the bor-
oughs of Brooklyn and Queens, shall in each case be seven thousand
five hundred dollars a year. The salary of the commissioner for the
borough of Richmond shall be two thousand five hundred dollars
a year. The principal office of the department shall be in the bor-
ough of Manhattan. There shall be a branch office in each of the
other boroughs.
See § 103, ante.
1
Rules and regulations; subordinate officers.
$ 659. The said board shall by a vote of a majority of its mem-
bers have power to establish general rules and regulations for the
administration of the department and the government of the insti-
tutions under the jurisdiction of said several commissioners, except
the institutions specified in section six hundred and sixty-one of this
act, and such general rules and regulations shall be so far as prac-
ticable uniform in all the boroughs. Subject to such general rules
and regulations each commissioner shall have jurisdiction over the
several classes of public institutions hereinafter specified which are
situated or may hereafter be established within the borough or bor-
oughs for which he is appointed. The commissioner for the
boroughs of Manhattan and The Bronx, and the commissioner of
the boroughs of Brooklyn and Queens, shall each have power to
appoint and at pleasure to remove a deputy. Each deputy so
appointed shall during'the absence or disability of the commissioner
appointing him possess all the powers and perform all the duties of
such commissioner, except the powers conferred by sections six
hundred and sixty-one and six hundred and sixty-four of this act.
Whenever such absence or disability shall continue for five days, or
in the judgment of the mayor it is necessary, either of the other com-
missioners may be designated by him to exercise such powers.
The board of estimate and apportionment and the municipal assem-
bly may from time to time provide for additional deputies in the
last-named boroughs and also for a deputy in the borough of Rich-
mond. Any deputy to serve in the borough of Richmond shall be
88 659,660] PUBLIC INSTITUTIONS UNDER COMMISSIONERS. 313
appointed by the commissioner having administrative jurisdiction
therein, and shall be subject to removal at his pleasure. Each of
the commissioners, within the limits of his appropriation, shall have
power to appoint and at pleasure to remove such subordinate
officers and assistants as may be necessary for the efficient perform-
ance of his duties as such commissioner. The board shall have
power to appoint a secretary, and, within the limit of its appropria-
tion, to appoint such subordinate officers as may be necessary for the
proper conduct of the office of the department.
T
Public institutions under the jurisdiction of the commissioners.
$ 660. Each commissioner shall have jurisdiction over and it
shall be his duty to take charge of and to establish and enforce rules
and regulations, not inconsistent with the general rules and regula-
tions established by the board, for the government of the following
described classes of public institutions situated within the borough
or boroughs for which he is appointed, viz.: all hospitals, asylums,
almshouses and other institutions belonging to or hereafter acquired
or established by The City of New York, which are or shall be
devoted to the care of the feeble-minded, the sick, the infirm and the
destitute; except hospital wards attached to penitentiaries and to
other prisons and institutions under the jurisdiction of the depart-
ment of correction; and except such hospitals as are or may here-
after be established and conducted by the department of health
pursuant to law; and except the House of Refuge for Juvenile
Delinquents and the House of Detention for Witnesses; and except
the island known as Ward's island and the buildings and improve-
nients thereon, and the equipment, fixtures and furniture of the
asylums for the insane on said 'island during the continuance of the
lease thereof heretofore made by The City of New York to the state
of New York. Such buildings and grounds on Blackwell's island
as are now used for the care of the insane pursuant to the provisions
of chapter two of the laws of eighteen hundred and ninety-six shall,
· when the insane shall have been removed therefrom, be under the
jurisdiction of the commissioner of public charities for the boroughs
of Manhattan and The Bronx. The buildings and grounds,
together with the equipments, fixtures and furniture of the buildings
now leased to the state by the county of Kings for the care of the
insane, shall, when said lease expires, be under the jurisdiction of
the commissioner of public charities for the boroughs of Brooklyn
and Queens.
| L. 1895, ch. 912, $ 4.
314 PAYMENTS TO PRIVATË INSTITUTIONS. [S$ 661,662
Payments to private institutions.
$ 661. No payment shall be made by The City of New York to
any charitable, eleemosynary or reformatory institution wholly or.
partly under private control, for the care, support, secular education,
or maintenance of any child surrendered to such institution, or com-
mitted to, received or retained therein in accordance with sections
six hundred and sixty-four, six hundred and sixty-five, six hundred
and sixty-six and six hundred and sixty-seven of this act, except
upon the certificate of the commissioner having administrative juris-
diction that such child has been received and is retained by such
institution pursuant to the rules and regulations established by the
state board of charities. Moneys paid by The City of New York
to any such institution for the care, support, secular education or
inaintenance of its inmates shall not be expended for any other pur-
pose. Whenever the commissioner shall decide, after reasonable
notice to the institution and a hearing, that any such child as afore-
said who is received and retained in such institution is not a proper
charge against the public, and notice of such decision in writing is
given by him to such institution, thereupon all right on the part of
· said institution to receive compensation from the city for the further
retention of the child shall cease. He shall file in the office of the
department in the borough within which the institution is situated,
à statement of the reasons for his decision and of the facts upon
which it is founded, and shall furnish a copy to the institution where
the child is detained. His decision may be reviewed on certiorari
hy the supreme court.
See provisions of the New York Constitution in regard to payments by
municipal corporations to charitable institutions in Appendix.
Powers of commissioners as to destitute and other persons.
$ 662. The commissioner for the boroughs of Manhattan and The
Bronx shall within said boroughs have all the authority concerning
the care, custody and disposition of insane, feeble-minded, sick,
infirm and destitute persons which the commissioners of public
charities of the corporation known as the mayor, aldermen and ·
commonalty of The City of New York had at the time of the taking
effect of this act, and shall be subject to the same obligations and
discharge the same duties in respect to such persons, except in so
far as the same are inconsistent with or are modified by this act.
The commissioner for the boroughs of Brooklyn and Queens shall
within said boroughs have all the authority concerning the care,
custody and disposition of such persons which the board of charities
and correction of the city of Brooklyn and county of Kings as form-
$ 662] CUSTODY OF DESTITUTE, SICK, ETC., PERSONS.
315
erly constituted, or the superintendent or overseers of the poor of
the county of Queens had at the time of the passage of this act, and
shall be subject to the same obligations and discharge the same
duties in respect to such persons, except in so far as the same are
inconsistent with or are modified by this act. The commissioner
for the borough of Richmond shall within said borough have all the
authority concerning the care, custody and disposition of such per-
sons which the superintendent and overseers of the poor in the
county of Richmond had at the time of the taking effect of this act,
and shall be subject to the same obligations and discharge the same
duties in respect to such persons, except in so far as the same are
inconsistent with or are modified by this act. The said several
commissioners shall be the overseers of the poor of The City of New
York, as constituted by this act. No commissioner shall have
power to dispense any form of outdoor relief except as expressly
provided in this chapter, but each commissioner shall have power
to pay for the cost of the removal or transportation of any person
who may come under his charge whenever in his judgment the city
will thereby be relieved from an unnecessary or improper charge.
Each commissioner in his borough or boroughs' shall make pro-
vision for the temporary care of vagrant and indigent persons, and
shall provide for an investigation into the circumstances of all such
persons, and shall cause every person who is found upon investiga-
law. The board of estimate and apportionment and the municipal
assembly shall in each year appropriate such sum as in their judg-
ment may be necessary to carry out the provisions of this section.
(a) The commissioners of public
charities and correction of the city
of New York are “ the overseers of
the poor," within the meaning of
that term in other statutes; the dif-
ferent bodies who have acted as
overseers of the poor, and exercised
their powers in the city of New
York, examined and explained.
Board of Commrs. of Charities v.
rate benefit, and therefore the city
is not liable for the negligence of
themselves or their subordinates or
employes, although the officer or
servant has in charge, and the neg-
ligence is in the use of the corpo-
rate property. Maximilian v. The
Mayor, 62 N. Y. 160; affi'g 2 Hun,
263.
(c) The commissioners can
corporate rights.
N. Y. Balance
ex rel. Wehle v. Weissenbach, 60 N.
Y. 385.
(6) The commissioners of public
charities and correction are not
agents or servants of the munici-
pality, being appointed to perform
public duties of no especial corpo-
(d) The commissioners cannot
borrow money, and thus create a
debt against the city. Tenth Nat.
Bk. y. The Mayor, 4 Hun, 429; affi'd
in 80 N. Y. 660.
Classification and instruction of inmates.
8.663. It shall be the duty of each commissioner to cause all the
.
VER OVE
TU
DRH
316 POWER OVER DESTITUTE, ETC., CHILDREN. (S$ 663-655
inmates of public institutions under his charge to be classified so
far as practicable. Destitute children shall be kept apart from
criminal children, so that youthful and less hardened inmates shall
not be rendered more depraved by association with and the evil
example of older and more hardened inmates. Each commissioner
may establish and maintain in the public institutions under his
charge such schools or classes for the instruction and training of
inmates as may be authorized by the board of estimate and appor-
tionment and the municipal assembly.
Powers of commissioners as to destitute and other children.
$ 664. Each commissioner shall have power to commit, to inden-
ture, place out, discharge, or transfer any child who may be in his
ciistody, whenever in his judgment it shall be for the best interests
of such child so to do, and he and his successors in office shall have
power to revoke and cancel any such indenture or agreement, and
to make contracts for the maintenance of any such child in accord-
ance with the general rules and regulations of the board; but in
indenturing, placing out, transferring or committing any such child
such commissioner shall, when practicable, indenture or place out
such child with an individual of the like religious faith as the
parents of such child, or transfer or commit such child to an insti-
tution governed by persons of the same religious faith. In respect
to such minors so committed to or otherwise placed under his charge
each commissioner shall within his borough or boroughs have such
additional powers as are at the time of the taking effect of this act
vested by law in the corresponding officers of the corporation known
as the mayor, aldermen and commonalty of The City of New York,
of the corporation known as the city of Brooklyn, and of the
counties of Kings, Richmond and Queens, mentioned in section six
hundred and sixty-two of this act.
Notice of commitment of children.
$ 665. Whenever any child actually or apparently under the age
of sixteen years, is brought before any court or magistrate in The
City of New York, as constituted by this act, pursuant to section
eight hundred and eighty-eight of the code of criminal procedure,'
or is found destitute of means of support, the magistrate presiding
or before whom such child is brought shall thereupon fix a day not
more than three days distant for the hearing and final disposition
of the charge against said child, and shall, at the same time, in addi-
tion to such other notices as may be required by law, give notice, in
writing, of such arrest to the commissioner of public charities of
$8 665–667]
317
COMMITMENT OF CHILDREN.
the borough in which said arrest is made, and to the Society for the
Prevention of Cruelty to Children if there shall be one incorpo-
rated in the borough, which notice shall state the name of the child,
its age, either actual or apparent, its sex, color, birthpace, residence,
father's name, mother's name, parents' religion and parents' occu-
pation, each, if known; the specific charge upon which the arrest is
made; the name of the officer making the arrest, and the name and
address of the complaining witness, if any there be. And such court
or magistrate may temporarily commit such child to the custody and
care of an institution to which said court or magistrate is authorized
by law to make final commitment.
See N. Y. Code Crim. Pro., § 888; N. Y. Pen. Code, $ 291.
(a) Who are to be deemed desti-
tute or vagrant children within the
meaning of this section. Matter of
McMahon, 1 N. Y. Crim. Rep. 60;
Matter of Moses, 1 Id. 512; People
ex rel. Van Heck v. Catholic Protec-
tory, 101 N. Y. 197; People ex rel.
Van Reiper v. Catholic Protectory,
106 Id. 608; Same v. Home of the
Good Shepherd, 44 Hun, 526; Matter
of Heery, 51 Id. 372; People ex rel.
Perkerson v. Sisters of Charity, 34
Id. 463.
Children committed as public charges; investigation.
$ 666. It shall be the duty of the commissioner so notified to
investigate forthwith the charge against such child. The commis-
sioner may appear either by clerk or by counsel on all hearings in
such proceeding, and shall on or before the final hearing therein, file
with the court or magistrate a statement in writing of such fact or
facts as in the opinion of the commissioner render it proper or
improper that such child should be supported as a public charge at
the expense of the city; and such written statement of fact or facts
when so filed shall be preserved with and form a part of the record
of the proceedings instituted by the arrest of such child. Omission
or failure to file such statement shall not be ground for delaying the
final decision.
Term of commitment of children; discharge.
§ 667. The term of commitment of each child committed in The
City of New York, as constituted by this act, under any of the pro-
visions of sections six hundred and sixty-four, six hundred and
sixty-five and six hundred and sixty-six of this act, shall be until
such child shall attain the age of sixteen years, or until it shall be
duly indentured or placed out as an apprentice by the institution
to which it shall have been committed, or until it shall be given over
in adoption by said institution to some suitable person, or until
otherwise discharged. Each institution, mentioned in section six
.
318
TEMPORARY CARE IN ACCIDENT CASES. [$$ 667-670
hundred and sixty-one of this act, shall file with the commissioner
on or before July first, eighteen hundred and ninety-eight, a list of all
the children therein referred to in sections six hundred and sixty-
· one, six hundred and sixty-four, six hundred and sixty-five and six
hundred and sixty-six of this act, which list shall contain the names
and residence of the parents and guardians of the children as far as
known. Every three months thereafter each such institution shall
file a similar list of all such children received, discharged or other-
wise disposed of in the interval.
ws.
Saving clause as to certain existing laws.
$ 668. Nothing contained in the foregoing sections shall be con-
strued to alter or affect any provision of chapter one hundred and
seventy-two of the laws of eighteen hundred and sixty-five, or of
chapter four hundred and thirty-nine of the laws of eighteen hun-
dred and ninety-two, or of chapter three hundred and fifty-three of
the laws of eighteen hundred and eighty-six.
(a) The provisions of L. 1865, ch.
172, referred to in this section, re-
late to the commitment of delin-
quent children under the age of
sixteen years, of either sex, to in-
stitutions established by “the So-
ciety for the Reformation of Juve-
nile Delinquents in the city of New
York."
(6) L. 1892, ch. 439, and L. 1886,
ch. 353, relate to the commitment
of female children of the city of
New York and Brooklyn under the
age of twelve years, found associat-
ing with disorderly persons, to cer-
tain designated institutions.
Record of inmates of institutions.
$ 669. It shall be the duty of each commisioner to keep and pre-
serve a proper record of all persons who shall come under his care or
custody and of the disposition made of such persons, with full par-
ticulars as to the name, age, sex, color and nativity of each, and in
case of minors the names and residences of parents and their
religious faith so far as ascertained, and the religious faith,
and residence of the persons or families with whom or
of the persons in charge of the institution in which they are
placed, together with copies of any instrument of indenture or agree-
ment executed by such commissioner.
L. 1895, ch. 912, 8 4.
Temporary care in accident cases.
$ 670. Any person injured or taken sick on the streets or in any
public place within said city, who may not be safely removed to his
or her home, may be sent to and shall be received in any public
hospital within said city, for temporary care and treatment, irre-
spective of his or her place of residence.
88 671-674] ACCOUNTS AND EXPENDITURES OF COM'ERS. 319
Temporary care of the insane.
$ 671. Each commissioner shall provide and maintain suitable
rooms or wards for the reception, medical examination and tem-
porary care of persons alleged to be insane.
Alteration and repair of buildings.
$ 672. Each commissioner, subject to the approval of the board,
whenever the increase of inmates in or the proper care and govern-
ment of the public institutions or establishments under his jurisdic-
tion shall in his judgment render it necessary or expedient, shall
have power to enlarge or alter the buildings occupied by such insti-
tutions or establishments or any of them; and shall also have power
to make all needful repairs to buildings and property under his con-
trol, provided that an appropriation has been made therefor.
L. 1882, ch. 410, $ 408.
1
Potter's field.
$ 673. Each commissioner, except the commissioner of the bor-
oughs of Manhattan and The Bronx, shall have charge of the Pot-
ter's Field or Fields, situated in the borough or boroughs for which
he is appointed, and each and every commissioner shall, when the
necessity therefor shall arise, have power to lay out a Potter's Field
or other public burial place for the poor and strangers, within the
borough or boroughs for which he is appointed, and from time to
time to enclose and extend the same, to make enclosures therein
and to build vaults therein, and to provide all necessary labor
therefor and for interments therein.
L. 1882, ch. 410, $ 408.
Accounts; annual estimates; expenditures.
$ 674. Each commissioner shall keep accurate and detailed
accounts, in a form approved by the comptroller, of all moneys
received and expended by him, the sources from which they are
received and the purposes for which they are expended, and shall
prepare itemized monthly statements of all receipts and expenditures
in duplicate, one of which statements, together with all vouchers,
shall be filed with the comptroller, and one of which shall be filed in
his own office. Each commissioner shall, on or before the first day
of September in each year prepare an itemized estimate of his neces-
sary expenses for the ensuing fiscal year, and present the same to the
board. The three estimates so prepared, as revised by the board,
shall, together, constitute the annual estimate of the department of
public charities, and shall be submitted to the board of estimate
320 EXPENDITURES FOR RELIEF OF THE BLIND. [$$ 674-677
and apportionment within the time prescribed by this act for the
submission of estimates for the several departments of the city. No
commissioner shall incur any expense for any purpose in excess of
the amount appropriated therefor; nor shall he expend any money
so appropriated for any purpose other than that for which it was
appropriated.
Advertisements for supplies.
$ 675. The board shall, from time to time, as may be necessary,
advertise in the City Record and the corporation newspapers for
not less than ten days for proposals for such articles and supplies
as shall be necessary to be used in and for the relief and support
of the poor of the city, and shall award contracts for the same to
the lowest bidders, who shall give adequate security for the faithful
performance of such contracts, excepting such perishable articles as
may be excepted by the rules and regulations of the board. In case
of an emergency each commissioner may purchase articles immedi-
ately required without calling for competition at an expense not
exceeding one thousand dollars during any one month.
See cases cited under § 419, ante.
Expenditures for the relief of the blind.
$ 676. The commissioners are hereby authorized and empowered
to insert in their annual estimate of expenditures an item of expen-
diture for the relief of the poor adult blind not to exceed in all
seventy-five thousand dollars. Under such rules and restrictions
as the board may deem necessary, each commissioner shall dis-
tribute the sum so appropriated each year and assigned for use in
his jurisdiction, in uniform sums not to exceed one hundred dollars
to any one person, to such poor adult blind persons, not inmates
of any of the public or private institutions in The City of New York,
who shall be in need of relief and who shall be citizens of the United
States, and shall have been residents of said city continuously for
two years previous to the date of application for such relief.
L. 1882, ch. 410, $ 418.
Detail of inmates of correctional institutions to work in department.
$ 677. The commissioner of the boroughs of Manhattan and The
Bronx may, from time to time, in his discretion, request the depart-
ment of correction to detail and designate inmates of the cor-
rectional institutions on Blackwell's island to perform necessary
work, labor and services in and upon the grounds and buildings
which are under the charge of the said commissioner on Black-
88 677-680] REQUISITIONS AND REPORTS OF SUBORDINATES. 321
well's island or Randall's island; and such inmates of such correc-
tional institutions when so employed shall at all times be under
the personal oversight and direction of a keeper or keepers from
such correctional institutions as the department of correction may
deem necessary; but no inmate of any correctional institution shall
be employed in any capacity whatever in any ward of any hospital
while such ward is being used for hospital purposes; and in like
manner the commissioners for the boroughs of Brooklyn and
Queens, and for the borough of Richmond may request the depart-
ment of correction to make a like detail or designation when the
persons so detailed or designated can be properly guarded and
restrained.
L. 1895, ch. 912, 8 5.
Care of non-residents in Bellevue and Kings county hospitals.
$ 678. The commissioner of public charities for the boroughs of
Manhattan and The Bronx is hereby authorized in his discretion
to permit the reception and treatment in Bellevue Hospital of per-
sons who do not reside in The City of New York, provided that
every person so receiving treatment shall be required to pay such
sum for board and attendance as may be fixed by such commis-
sioner. And in like manner the commissioner for the boroughs
of Brooklyn and Queens may permit the reception and treatment
of such persons in the hospital now known as the Kings County
Hospital. Such commissioner shall collect and pay over all such
moneys to the chamberlain once every month, and the amount so
collected shall be paid into the general fund. Each commissioner
shall upon making such payments to the chamberlain report the
same to the comptroller of The City of New York.
L. 1882, ch. 410, $ 416.
Requisitions of subordinate officers.
§ 679. Each superintendent, warden or chief officer of every insti-
tution under the charge of any commissioner shall make his requisi-
tion in writing on such commissioner for all articles deemed
necessary by the said officer to be used in the respective institutions
under his charge, and shall keep an accurate account of the same.
L. 1882, ch. 410, $ 403.
Reports of subordinate officers.
§ 680. Each such superintendent, warden or other chief officer
of every institution under the charge of any commissioner shall
once in each week report in writing to such commissioner the
21
322
[S8 680–682
EMPLOYMENT OF PAUPERS.
number of persons who have been received or transferred, who are
sick, who have died, and who are remaining in the respective institu-
tions under his charge, the discipline which has been maintained
therein, the punishments imposed, and the quantity and kind of
labor performed, and such other information as the commissioner
may require.
L. 1882, ch. 410, $ 464.
Employment of inmates; articles manufactured; cultivation of lands.
§ 681. Every inmate of an almshouse whose age and health will
permit, shall be employed in cultivating the grounds under the
control of the commissioner of the borough in which such alms-
house is situated or in manufacturing such articles as may be
required for ordinary use in the public institutions under the con-
trol of such commissioner, or for the use of any department of The
City of New York, or in preparing and building sea walls upon
islands or other places belonging to the city, or at such mechanical
or other labor as shall be found from experience to suit the
capacity of the individual. The articles raised or manufactured by
such labor shall be subject to the order of and shall be placed under
the control of the commissioner having jurisdiction, and all such
articles shall be utilized in the public institutions under the charge
of the department of charities or in some other department of the
city. All the lands under the jurisdiction of any commissioner,
not otherwise occupied or utilized and which are capable of culti-
vation shall in the discretion of such commissioner be used for
agricultural purposes.
| L. 1882, ch. 410, 8 399.
(a) An inmate of a poorhouse is benefits; and this although he has
amenable to the rules and regula-, never been formally committed as
tions of the institution as long as a pauper. Spence v. Brown, 17
he remains therein and receives its Weekly Dig. 518.
Hours of labor; discipline.
$682. The hours of labor required of any pauper or other person
committed to or placed under the charge of a commissioner of
public charities shall be fixed by the board and shall not exceed
eight hours per dav for each such person. In case any such pauper
shall neglect or refuse to perform the work allotted to him or her
by the person in charge, or shall violate the rules and regulations
of the institution, it shall be the duty of the superintendent of the
almshouse to report such insubordination or violation to the com-
missioner having jurisdiction, who may thereupon direct the pune
88 682-6857 CONDUCT OF BASTARDY PROCEEDINGS. -
323
ishment of such pauper by solitary confinement and by being fed
on bread and water only for such length of time as he may con-
sider necessary. In case any pauper shall neglect to perform the
work assigned to him or her, or be guilty of any such violation on
three or more separate occasions, the said commissioner may cause
such pauper to be brought before the proper court or magistrate,
and such court or magistrate may commit such pauper to the work-
house or penitentiary as a disorderly person.
L. 1882, ch. 410, 88 399, 400.
Support of poor persons by relatives.
§ 683. The father, mother, children and grandchildren of suffi-
cient ability, of a poor person who is insane, blind, old, lame, impo-
tent or decrepit so as to be unable by work to maintain himself must
at their own charge relieve and maintain him in a manner to be
approved by the commissioner within whose jurisdiction such per-
son resides. If the relative of a poor person fails to maintain and
relieve him as in this section provided, the said commissioner may
apply to any city magistrate for the order authorized by law in such :
cases. The action authorized by law for a failure to comply with
the order of the court requiring the payment of a weekly sum for
such support must be in the name of the commissioner of public
charities within whose jurisdiction such poor person resides.
L. 1882, ch. 410, § 421; Code Crim. Pro., §§ 914, 915, 920.
(a) The relatives specified in this
section are under an absolute duty,
at their own charge, to support the
persons described, not in the poor-
house, nor even through the agency
of, but only in a manner to be ap-
proved by the poor authorities of
town or county. Matter of Weaver
v. Benjamin, 45 N. Y. State Rep. 97;
S. C., 18 N. Y. Supp. 630, 631; to
same effect, Stevens v. Cheney, 36
Hun, 4.
Conduct of bastardy proceedings.
$ 684. All bastardy proceedings shall be conducted by and in
the name of the commissioner within whose jurisdiction the per-
son charged with being the father or mother of the bastard resides,
and the amount collected shall be paid to the commissioner, to be
by him applied to the support of the child or of the child and its
niother, and shall he accounted for by him in a manner approved
by the commissioners of accounts. Each commissioner shall have
authority to compromise bastardy and abandonment cases arising
in the borough or boroughs for which he is appointed.
Maintenance of abandoned wives and children.
$685. Every person in The City of New York, as constituted by
324
ABANDONED WIVES AND CHILDREN. [$$ 685-686
1
this act, who actually abandons his wife or children without ade-
quate support, or leaves them in danger of becoming a burden
upon the public, or who neglects to provide for them according to
his means, or who threatens to run away and leave his wife and
children a burden upon the public, may be arrested upon a com-
plaint made under oath to a city magistrate and a warrant thereon
issued, and brought before such magistrate, as provided by section
nine hundred of the code of criminal procedure. And if there-
upon it shall appear by the confession of the defendant or by com-
petent testimony that he is guilty of the charge, the said magistrate
shall make an order specifying a reasonable sum of money to be
paid weekly for the space of one year thereafter by such defendant
to the commissioner of public charities for the borough in which
such proceedings is had, for the support of the wife or children.
But nothing in this chapter contained shall apply to or affect an order
for the payment of money for the support of a child in an institution,
pursuant to the provisions of section two hundred and eighty-eight
of the penal code or of section nine hundred and twenty-one of the
code of criminal procedure.
L. 1882, ch. 410, § 1454; Code Crim. Pro., $8 899, 900, 921; Penal Code,
$288.
=
7
(a) The meaning of the term,
" adéquate support, as used in this
section, considered. Bulkley V.
Boyce, 48 Hun, 261; S. C., 17 N. Y.
State Rep. 940.
(6) The duty of a person to pro-
vide adequate support for wife and
children considered in particular
instances. Bulkley V. Boyce, 48
Hun, 261; S. C., 17 N. Y. State Rep.
940; People v. Harris, 38 Id. 316;
People ex rel. Balch v. Strickland,
13 Ābb. N. C. 473.
Commitments in abandonment proceedings; surety.
§ 686. Any person convicted of any of the offenses hereinbefore
recited shall, upon being served with such order, enter into a bond
to the people of the state in such“súm as such city magistrate shall
direct, with good and sufficient surety to be approved by the said
city magistrate, that such person will pay weekly for the space of
one year such sum for the support of the wife or children or either
or any of them, as has been ordered as aforesaid, to the commis-
sioner of the borough in which such proceeding is had. In default
of such surety being found, the city magistrate shall make up, sign
and file in the office of the clerk of the county in which such con-
viction is had, a record of the conviction of such offender as a dis-
orderly person, specifying generally the nature and circumstances
of the offense and the names of the witnesses by whom it has been
established, and shall by warrant commit such offender to the
workhouse on Blackwell's island, or to the penitentiary or jail in
88 686–688] RECOVERIES IN ABANDONMENT PROCEEDINGS. 325
the borough where the conviction is had, there to remain until such
surety be found or such offender be discharged according to law,
or he shall sentence such offender to imprisonment in the peniten-
tiary, for a term not exceeding six months or until such offender
gives the security as hereinbefore provided or is discharged accord-
ing to law. Upon the trial or hearing of all complaints for any or
either of the offenses hereinbefore referred to, the wife shall be
a competent witness therein against her husband, as to all matters
embraced in said complaint.
i
Actions on bonds in abandonment proceedings.
§ 687. Any suit, action or proceeding brought or instituted upon
any bond or recognizance given in pursuance of the preceding sec-
tion shall be brought and prosecuted by and in the name of the
commissioner for the borough in which such bond or recognizance
was given, and all moneys recovered in any suit, action or proceed-
ing shall be paid to such commissioner to be by him applied and
expended for the support of the wife and children, or either or any
of them, of the person against whom the order mentioned and pro-
vided for in section six hundred and eighty-five of this act shall have
been made. If the person charged with the offenses hereinbefore
recited or either of them is admitted to bail, the undertaking of his
bail shall be for the future appearance of the defendant according to
the terms of the undertaking, or that the bail will pay to the commis-
sioner of the borough in which such proceeding is had, a specified
sum in the event of such failure to appear, or if such person deposits
a sum of money as directed by law instead of giving an undertaking --
of bail for his future appearance, and if such person shall thereafter
fail to appear in accordance with the terms of said undertaking or
the terms upon which the money was deposited, then the said magis-
trate shall enter the fact of said person's non-appearance upon the
minutes and the undertaking of his bail or money deposited instead
of bail shall thereupon be forfeited.
Recoveries in abandonment proceedings.
8.688. When such an undertaking is forfeited, an action may be
brought in the name of the commissioner for the borough in which
such proceeding is had to recover the amount specified in such
lindertaking, and the amount recovered in said action shall be
applied and expended for the support of the wife and children, or
either or any of them, of the person charged with the offenses herein-
before recited or either or any of such offenses, and when any money
has been deposited instead of bail and which shall have been for-
326 APPEALS IN ABANDONMENT PROCEEDINGS. [$$ 688, 689
feited as hereinbefore provided, said money shall be paid to the com-
missioner, by the person with whom the said sum of money is
deposited, upon presenting to him a certificate from the city magis-
trate certifying to the forfeiture thereof, which said certificate shall
state the name of the person making the deposit, when it was made,
the name of the defendant, and that the said sum of money was for-
feited on account of the defendant's failure to appear as directed,
· and shall be signed by said magistrate.
Appeals in abandonment proceedings; costs.
§ 689. An appeal to the court of general sessions may be taken
from a conviction before a city magistrate under this chapter within
the county of New York, or to the county court in any other county
which is wholly or partly within The City of New York as consti-
tuted by this act, which said appeal shall be conducted under and in
accordance with the provisions of the code of criminal procedure of
the state of New York, except that the judge allowing the appeal
must take from the defendant a written undertaking in such sum
and with such sureties as he may approve, that defendant will abide
the judgment of the appellate court upon the appeal, and will pay all
costs which may be awarded against him, and except that all notices
required by said code of criminal procedure to be served upon the
district attorney upon such appeal shall be served upon the com-
missioner for the borough in which the conviction from which such
appeal is taken was had, and the commissioner may appear by
clerk or counsel upon the hearing of such appeal. The court must
award costs to the party in whose favor the appeal is determined, as
follows, besides disbursements: To the appellant upon reversal,
thirty dollars; to the respondent upon affirmance, twenty-five dol-
lars. When awarded to the appellant they must be paid by the
comptroller of The City of New York, on the delivery to him of
a certified copy of the order of reversal, and must be charged to the
contingent account of the commissioner for the borough in which
conviction so reversed was had. When awarded to the respondent
the payment of costs may be enforced as in a civil action, and in an
action brought therefor against the sureties upon the undertaking
given on the allowance of thie appeal, the production of a certified
copy of the order of affirmance shall be conclusive evidence.
CHAPTER XIV.
DEPARTMENT OF CORRECTION.
Sec. 694. Jurisdiction; salary; regulations; subordinate officers.
695. Institutions under the jurisdiction of the commissioner.
696. Transfer of inmates to Riker's Island and Hart's Island.
697. Powers of commissioner over criminals and misdemeanants.
698. Classification of criminals and misdemeanants; instruction.
699. Record of inmates of institutions.
700. Employment of inmates; articles manufactured; cultivation of
lands.
701. Detail of inmates to work in department of public charities.
702. Hours of labor; discipline.
703. Accounts; annual estimate; expenditures.
704. Advertisements for supplies.
705. Requisitions and reports of subordinate officers.
706. Collection of fines.
707. Commitment of disorderly persons and vagrants.
708. Superintendent of the workhouse; reports.
709. Record of persons committed.
710. Term of detention to be fixed by commissioner.
711. Discharge of persons committed.
712. Transfer of inmates by commissioner.
713. Alteration and repair of buildings.
714. Additional gifts to be given to inmates on discharge.
Jurisdiction; salary; regulations; subordinate officers.
§ 694. The head of the department of correction shall be called
the commissioner of correction. He shall be appointed by the
mayor and shall hold office, as provided in chapter four of this act.
His salary shall be seven thousand five hundred dollars a year. The
Commissioner shall have power to establish rules and regulations
for the administration of the department and the government of the
institutions under his control. He shall have full and exclusive
jurisdiction over the several institutions hereinafter specified which
are situated or may hereafter be established within The City of New
York, as constituted by this act. He shall have his principal office
in the borough of Manhattan and a branch office in the borough of
Brooklyn. He may establish such other branch offices as he may
deem necessary. He shall have power to appoint and at
will to remove a deputy and such additional deputies and
328
INSTITUTIONS UNDER COMMISSIONER. [:$ 694-696
assistant deputies as the board of estimate and apportion-
inent and the municipal assembly may from time to time
authorize, and to assign them to duty in such borough
or boroughs as he deems proper; and at least one of such
deputies shall be assigned to the branch office in the borough of
Brooklyn. He shall also have power within the limits of his appro-
priation to appoint and at will to remove such superintendents,
wardens and other subordinate officers and assistants as may be
necessary for the efficient performance of the duties of the depart-
ment. Each deputy so appointed shall during the absence or
inability of the commissioner possess all the powers and perform
all the duties of such commissioner within the borough or boroughs
to which he is assigned. The commissioner may delegate to the
superintendent or warden in charge of any institution in the depart-
ment the power to appoint and remove subordinate officers or assist-
ants in such institutions.
See § 104, ante, and cases cited under § 662, ante.
Institutions under the jurisdiction of the commissioner.
$ 695. The commissioner shall have jurisdiction over and it shall
be his duty to take charge of and manage all institutions for the care
and custody of criminals and niisdemeanants which belong to or are
hereafter acquired by The City of New York as constituted by this
act, except all jails and places for the detention of prisoners or per-
sons charged with crime as are under the charge of the sheriff or the ·
police department. The commissioner shall also have charge of
such other institutions belonging to the city as may be hereafter
placed under his jurisdiction by the municipal assembly. When-
ever the state authorities shall have caused the inmates of the lunatic
asylum on Hart's island to be removed elsewhere and shall have
vacated the buildings now on said island occupied by said asyluni,
the said buildings with the grounds thereto appertaining shall
become and be under the charge and control of the department of
correction; provided, however, that the burial of deceased paupers
shall be continued on said island under regulations established by
the joint action of the departments of public charities and of correc-
tion, or in case of disagreement between said departments, under
such regulations as may be established by the mayor of the city.
| L. 1895, ch. 912, 8 5.
Transfer of inmates to Riker's Island and Hart's Island.
$ 696. The commissioner, whenever, in his judgment, it is expe-
$$ 696–698]
329
CRIMINALS AND MISDEMEANANTS.
dient and practicable to do so, may cause to be removed to Riker's
island, and in case Hart's island shall have been placed under the
charge and control of the department of correction, as in section six
hundred and ninety-five of this act provided, then also to Hart's
island, the inmates of the workhouse and of the penitentiary on Black-
well's island; and he may direct such removals to be made, from time
to time, as accommodation for the said inmates may be provided
upon Riker's island and Hart's island or elsewhere within The City
of New York. And whenever in consequence of such removals or
otherwise any of the buildings theretofore occupied or used for said
workhouse or penitentiary shall have become vacant, such building
or buildings with the grounds thereto appertaining shall be trans-
ferred to the department of public charities. And whenever any of
the said buildings or grounds shall have been so transferred, the
commissioner of correction shall have no further rights, duties or
obligations in respect to such building or buildings or grounds,
but it or they shall thereafter be included in and appertain to the
department of public charities of The City of New York, and shall
be under the jurisdiction of the commissioner of charities for the
boroughs of Manhattan and The Bronx.
Powers of commissioner over criminals and misdemeanants.
§ 697. The commissioner shall have all the authority concerning
the care, custody and disposition of criminals and misdemeanants
which the commissioner of correction of the corporation known as
the mayor, aldermen and commonalty of The City of New York, or
which the board of charities and correction for the city of Brooklyn
and county of Kings, as formerly constituted, had at time of the
taking effect of this act; and he shall discharge the same duties and
be subject to the same obligations in respect to such persons as the
said commissioner and board, respectively, except in so far as the
same are inconsistent with or are modified by this act. The com-
missioner shall have no authority and be subject to no obligation in
respect to any destitute person not charged with or convicted of
crime or misdemeanor.
· Classification of criminals and misdemeanants; instruction.
$ 698. It shall be the duty of the commissioner to cause all the
criminals and misdemeanants under his charge to be classified as far
as practicable, so that youthful and less hardened offenders shall not
be rendered more depraved by the association with and evil example
of older and more hardened offenders. The commissioner may
establish and maintain such schools or classes for the instruction and
330
EMPLOYMENT OF CRIMINALS. [S$ 698-701
training of the inmates of the institutions under his charge, as may
be authorized by the board of estimate and apportionment. And
to this end the commissioner, with the authority of the municipal
assembly, may set apart one of the penal institutions for the custody
of such youthful and less hardened offenders, and said commissioner
shall have the power, in his discretion, to transfer such offenders
thereto from any other of the penal institutions of the city.
Record of inmates of institutions.
$ 699. It shall be the duty of the commissioner to keep and pre-
serve a proper record of all persons who shall come under his care
or custody, and of the disposition of each such person, with full
particulars as to the name, age, sex, color, nativity and religious
faith of each, together with a statement of the cause and length of
detention of each such person. Such record shall be supplemen-
tary to and shall be kept separate from the records required to be
kept by section seven hundred and nine of this act.
L. 1895, ch. 912, $ 4.
Employment of inmates; articles manufactured; cultivation of lands.
$ 700. Every inmate of an institution under the charge of the
commissioner, whose age and health will permit, shall be employed
in quarrying or cutting stone, or in cultivating land under the con-
trol of the commissioner, or in manufacturing such articles as may
be required for, ordinary use in the institutions under the control of
the commissioner, or for the use of any department of The City of
New York, or in preparing and building sea walls upon islands or
other places belonging to The City of New York upon which public
institutions now are or may hereafter be erected, or at such mechani-
cal or other labor as shall be found from experience to be suited
to the capacity of the individual. The articles raised or manufac-
tured by such labor shall be subject to the order of and shall be
placed under the control of the commissioner, and shall be utilized
in the institutions under his charge or in some other department of
the city. All the lands under the jurisdiction of the commissioner,
not otherwise occupied or utilized, and which are capable of cultiva-
tion, shall in the discretion of the commissioner be used for agricul-
tural purposes.
Compare N. Y. Const., art. 3, § 29.
Detail of inmates to work in department of public charities.
$ 701. At the request of any commissioner of public charities of
The City of New York, the commissioner of correction may detail
$8 702, 703] HOURS OF LABOR AND DISCIPLINE.
331
and designate any inmate of any of the institutions in the depart-
ment to perform necessary work, labor and services in and upon.
the grounds and buildings under the charge of such commissioner
of public charities, as provided in chapter thirteen of this act, and
subject to the restrictions therein contained.
L. 1882, ch. 410, § 399. See § 677, ante.
X1+
Hours of labor; discipline.
$ 702. The hours of labor required of any inmate of any institu-
tion under the charge of the commissioner shall not exceed eight. :
hours per day for each such person and shall be fixed by the com-
missioner. In case any person confined in any institution in the
department shall neglect or refuse to perform the work allotted to
him by the officer in charge of such institution, or shall wilfully
violate the rules and regulations established by the commissioner
or resist and disobey any lawful command, or in case any such
person shall offer violence to any such officer or to any other pris-
oner, or shall do or attempt to do any injury to such institution
or the appurtenances thereof or any property therein, or shali
attempt to escape, or shall combine with any one or more persons
for any of the aforesaid purposes, the. officer or officers of such
institution shall use all suitable means to defend themselves, to
cnforce discipline, to secure the person of the offenders and to
prevent any such attempt or escape. It shall be the duty of the
officer in charge of such institution in which such person or per-
sons is or are confined to punish him or them by solitary confine-
ment, and by being fed on bread and water only, for such length
of time as may be considered necessary; but no other form of pun-
ishment shall be imposed, and no officer of any such institution
shall inflict any blows whatever upon any prisoner except in self-
defense or to suppress a revolt or insurrection. In every case the
officer imposing such punishment shall forthwith report the same
to the commissioner and notify the physician of the institution. It
shall be the duty of such physician to visit the person so confined
and to examine daily into the state of his health until he shall be
released from solitary confinenient and return to labor, and to report
to the commissioner and to the officer in charge of such institution
Whenever in his judgment the health of the prisoner shall require
that he should be released.
L. 1882, ch. 410, $$ 399, 400. See Spence v. Brown, cited under $ 681, ante.
Accounts; annual estimate; expenditures.
8703. The commissioner shall keep accurate and detailed
332
[S$ 703-705
REQUISITIONS AND REPORTS.
accounts, in a form approved by the comptroller, of all moneys
received and expended by him, the sources from which they are
received and the purposes for which they are expended, and shall
prepare itemized monthly statements of all receipts and expenditures
in duplicate, one of which statements together with all vouchers
shall be filed with the comptroller, and one of which shall be filed in
liis own office. The commissioner shall, on or before the first day
of September in each year, prepare an itemized estimate of the
necessary expenses of the department for the ensuing fiscal year,
which estimate shall constitute the annual estimate of the depart-
ment of correction, and shall be submitted to the board of estimate
and apportionment within the time prescribed by this act for the
submission of estimates from the several departments of the city.
He shall incur no expense for any purpose in excess of the amount
appropriated therefor, nor shall he expend any money so appropri-
ated for any purpose other than that for which it was appropriated.
Advertisements for supplies.
$ 704. The commissioner shall from time to time, as may be
necessary, advertise in the City Record and the corporation news-
papers, for not less than ten days for proposals for all such articles
and supplies (excepting perishable articles) as shall be necessary
to be used in and for the institutions in the department, and shall
award contracts for the same to the lowest responsible bidders who
shall give adequate security for the faithful performance of such
contracts. In case of an emergency the commissioner may pur-
chase articles immediately required without calling for competition,
but the amount expended by the commissioner for articles so
required or for perishable articles shall not exceed the sum of two
thousand dollars during any one month.
See cases cited under § 419, ante.
Requisitions and reports of subordinate oficers.
$ 705. Each superintendent, warden, or other chief officer of any
institution under the charge of the commissioner shall make his
requisitions in writing upon the commissioner for all articles deemed
necessary by the said officer to be used in the institution or institu-
tions under his charge, and shall keep an accurate account of the
same. It shall also be the duty of each such superintendent, wardenor
other chief officer to report once in each week to the commissioner
the number of persons who have been received, discharged or trans-
ferred, who have become sick, or who have died, and the number
remaining in the respective institutions under their charge, the dis-
SS 706, 707] COMMITMENT OF DISORDERLY Y
PERSONS. 333
cipline which has been maintained, and the quantity and kind of
labor performed, and such other information as the commissioner
requires.
L. 1882, ch. 410, 88 403, 404.
Collection of fines.
$ 706. The department of correction is hereby authorized to
demand and receive fines imposed for intoxication and disorderly
conduct in The City of New York as constituted by this act in the
manner and for the purposes now prescribed by law.
L. 1882, ch. 410, $ 392.
Commitment of disorderly persons and vagrants.
$ 707. Whenever any person is convicted in The City of New
York as constituted by this act, of public intoxication, disorderly
conduct or vagrancy, the court or magistrate before which or
whom such conviction is had shall impose upon the person so
convicted one or other of the penalties herein provided. Upon
a charge of vagrancy, the person so convicted shall be committed
to the workhouse in said city, or to a county jail, to be detained
until discharged pursuant to section seven hundred and ten and
seven hundred and eleven of this act, and for a term not exceeding
six months from the date of such commitment, and the warrant of
commitment shall so recite. All persons convicted of any of the
offenses last mentioned in any of the boroughs of The City of New
York shall be committed to the workhouse on Blackwell's island,
or to a county jail, except as hereinafter provided, but may be there-
after transferred by the commissioner to any branch workhouse in
the control of the department. · Upon a charge of public intoxica-
tion or disorderly conduct, the court or magistrate may impose
a penalty, as follows:
1. Commit the person so convicted to the said workhouse or jail,
to be detained until discharged pursuant to sections seven hundred
and ten and seven hundred and eleven of this act, and for a term
not exceeding six months from the date of such commitment, and
the warrant of commitment shall so recite.
2. Impose a fine not exceeding ten dollars. Upon the payment
of the fine imposed, the person so convicted shall be forthwith dis-
charged from custody. If the fine imposed be two dollars or less,
and be not paid forthwith, the person so fined shall be committed
to a city prison or county jail for not exceeding two davs, each day
of imprisonment to be taken as a liquidation of one dollar of the
fine. If the fine imposed exceed the sum of two dollars, and be not
334 DUTY OF SUPERINTENDENT OF WORKHOUSE. [:$ 707, 708
paid forthwith, the court or magistrate shall commit the person so
fined to a city prison or county jail, and the warrant of commitment
shall contain a direction that, if the fine be not paid before five
o'clock in the afternoon of the day succeeding such commitment,
the person so committed shall be transferred to and detained in the
workhouse until discharged, pursuant to the provisions of this chap-
ter, and for a term not exceeding six months from the date of such
commitment.
3. Require any person convicted of disorderly conduct to give
sufficient surety or sureties for his good behavior for any time not
exceeding six months. In default of giving such surety forthwith,
the court or magistrate shall commit such person to the city prisoni
or county jail to be thereafter transferred to and detained in the
workhouse until such surety is furnished, or until discharged pur-
sliant to sections seven hundred and ten and seven hundred and
eleven of this act, not exceeding, however, a term of six months
from the date of such commitment. But no such person shall be
discharged by the commissioner prior to the expiration of the time
for which he was required to give surety, except by order of the
magistrate who signed the last warrant of commitment, granted as
provided in this chapter.
L. 1896, ch. 886, 8 1.
Superintendent of the workhouse; reports.
$ 708. It shall be the duty of the superintendent of the workhouse
to ascertain from the records thereof, and from examination and
inspection of the person committed as aforesaid, whether such per-
son has, since April fourth, eighteen hundred and ninety-five, and
within two years next preceding the date of his commitment, heen
previously committed to such institution upon conviction of public
intoxication, disorderly conduct, or vagrancy. Within twenty-four
hours after the commitment of any such person to the workhouse,
the said superintendent shall transmit to the commissioner, a written
statement showing the name, sex, age, residence, occupation, height,
weight and the color of the hair of any such person, and describing
any scars, marks or deformities or other signs whereby such person
may subsequently be identified, the date of the commitment, the
offense for which such person was committed and the name of the
magistrate by whom the commitment was made. Such statements.
shall also show whether such person has been previously committed
to such institution within the period, and for any one of the causes
above specified; and, if so, the number of times that such person
has been so committed during such period, the date of the last pre-
$8 709, 710]
335
TERM OF DETENTION.
vious commitment of such person for either of said offenses, the
name of the magistrate by whom and the offense for which such last
previous commitment was made, and the period of detention under
such last previous commitment.
L. 1896, chu 886, 8 2.
Record of persons committed.
$ 709. It shall be the duty of the commissioner to keep a book
or books in which shall be properly recorded the names of all per-
sons committed under section seven hundred and seven of this act,
and all other facts which shall be certified to him by the superin-
tendent of the workhouse as herein required. Such book or books
are hereby declared to be public records and shall be open to public
inspection, and shall be indexed and kept so as to show whether
any person committed, as prescribed by this chapter, has been pre-
viously committed within' two years next preceding such commit-
ment for any of the causes herein specified.
L. 1896, ch. 886, § 3. See § 699, ante.
Term of detention to be fixed by commissioner.
$ 710. Within three days after the commitment of any person as
herein provided, it shall be the duty of the commissioner to ascer-
tain from the aforesaid records whether such person has been com-
mitted to the workhouse, after April fourth, eighteen hundred and
ninety-five, and within two years next preceding the date of such
commitment for public intoxication, disorderly conduct or vagrancy,
and to make a written order specifying the date at which such per-
son shall be discharged, as follows, namely: In the case of a person
who has not previously been committed for any one of the offenses
herein specified within two years next preceding the date of his last
commitment, and after April fourth, eighteen hundred and ninety-
five, the said order shall direct that such person shall be discharged
at the expiration of five days from the date of his commitment; in
the case of a person who has been committed once before within the
period of two years next preceding the day of his commitment and
after April fourth, eighteen hundred and ninety-five, for any of the
offenses herein specified, the said order shall direct that such person
shall be discharged at the expiration of twenty days from the date
of his commitment; and in the case of a person who has been com-
Initted more than once during the two years next preceding the
date of his commitment, and after April fourth, eighteen hundred
and ninety-five, for any of the offenses herein specified, the said
order shall direct that such person be discharged at the expiration
336
$$ 710, 711
DISCHARGE FROM DETENTION.
of a period equal to twice the term of his detention under the last
previous commitment, but, not in any event, exceeding six months;
provided, however: First, that in case of a person committed upon
conviction of vagrancy, the said order may direct that the said per-
son shall be discharged at the expiration of a period to be fixed by
the commissioner and stated therein, not exceeding six months and
not less than the period of detention above specified for first and
subsequent commitments, as the case may be. Second, that when-
ever the period of detention of any such person under his last pre-
vious commitment shall have exceeded the period of detention pro-
vided for by this section (either by reason of his detention on failure
to furnish surety for his good behavior, or by reason of the action
of the commissioner upon a conviction of vagrancy), then such
excess of detention under his last previous commitment shall not be
considered by the commissioner in determining the date of his dis-
charge under the existing commitment. The date of any order
made pursuant to this section and the name of the person whose
period of detention is fixed thereby, and the period of detention
therein specified shall be entered in the records required to be kept
by section seven hundred and nine of this act, and the said order
shall forthwith be transmitted to the superintendent of the work-
house. Upon the expiration of the term of detention specified
therein, and upon the discharge of the person named therein it shall
be the duty of such superintendent forthwith to return such order,
with a written certificate endorsed thereon specifying the date of the
discharge of the person named therein, to the commissioner who
shall preserve the same as a public record.
L. 1896, ch. 884, 8 4.
Discharge of persons committed.
$ 711. In any case where the period of detention, as fixed by the
commissioner shall exceed twenty days, and shall be less than one
hundred and sixty days, the magistrate who signed the last war-
rant of commitment may, after the expiration of twenty days, direct
the discharge of any person so committed, but no such order or
mandate shall be granted by any magistrate except upon the written
certificate of the commissioner specifying the period of detention
fixed by him for the person so committed, and upon an affidavit
setting forth facts which, in the opinion of the said magistrate, shall
justify such discharge. The said affidavit and certificate shall be
filed and preserved with the complaint upon which such person was
last convicted. Upon any subsequent commitment, under section
seven hundred and seven of this act, of a person so discharged, the
$8 712–714] ALTERATION AND REPAIR OF BUILDINGS.
337
commissioner shall fix the period of detention of such person at the
term for which he would have been detained under the existing
commitment if no such order or mandate had been granted.
L. 1896, ch. 886, 8 5.
Transfer of inmates by commissioner.
$ 712. The commissioner may transfer and commit and cause to
be transferred and committed from the workhouse to the city prison,
penitentiary or to any other of the institutions in the department,
any person committed to the workhouse under section seven hun-
dred and seven of this act, whenever such transfer shall be neces-
sary for the proper care and management of such city prison, peni-
tentiary, or other institution or for the proper employment of such
person. The commissioner may also transfer and commit and cause
to be transferred from the workhouse to the city prison or peniten-
tiary, any person committed to the workhouse under section seven
hundred and seven of this act, whenever, by reason of the number
of offenders actually detained in such workhouse at any time, there
shall not be accommodation therein for all the persons committed
thereto; and in like manner the commissioner may transfer prisoners
from one penitentiary to another penitentiary within the department,
or from one district prison to another district prison within the
department, whenever it may be necessary to prevent overcrowding.
The commissioner may also transfer and commit or cause to be
transferred and committed from the city prison to the workhouse
to be detained and employed therein any person who shall have been
duly committed to the city prison.
L. 1896, ch. 886, 8 6. •
Alteration and repair of buildings.
$ 713. Whenever the increase of inmates in or the proper care
and government of the institutions in the department shall, in the
judgment of the commissioner, render it necessary or expedient, he
shall have power to enlarge or alter the building or buildings occu-
pied by such institutions; and he shall also have power to make all
needful repairs to such buildings and appurtenances thereto, pro-
vided that an appropriation has been made therefor. The commis-
sioner shall, when practicable, cause the work of such alterations or
repairs to be done by persons confined in such institutions.
Additional gifts to be given to inmates on discharge.
8714. In addition to the donations, provided by the general laws
of the state, to be given to inmates of penal institutions upon their
discharge, the commissioner of corrections shall donate to each
imate serving a term longer than three years the sum of five dol-
lars upon his discharge.
22
CHAPTER XV.
FIRE DEPARTMENT.
TITLE I. ORGANIZATION, DUTIES AND POWERS OF OFFICERS AND
MEN.
2. FIRES AND THEIR EXTINCTION.
3. PREVENTION OF FIRES; EXPLOSIVES AND COMBUSTIBLE
MATERIALS.
4. FIRE MARSHALS, AND INVESTIGATION OF ORIGIN OF
FIRES.
5. RELIEF FUND AND PENSIONS.
6. TAX UPON FOREIGN INSURANCE COMPANIES.
TITLE I.
ORGANIZATION, DUTIES AND POWERS OF ITS OFFICERS AND MEN.
Scc. 720. Fire commissioner; salary.
721. Deputies.
722. Consolidation of departments; volunteer departments.
723. Treasurer.
724. Powers.
725. Horses, apparatus, etc., to be provided.
1726. To control and manage property, etc.
727. Bureaus.
728. Selection of subordinates.
729. Location of fire alarm telegraph, etc.; penalty for interference
therewith.
730. Business offices; seal.
7731. Suits and actions.
732. Members of force to decline nominations to office.
733. Uniforms and badges.
734. Qualifications of force.
735. Resignations and absences.
736. Military and jury duty; arrest.
737. Warrants of appointment.
738. Oaths of office.
739. Discipline, etc.
1740. Grades, ranks, and salaries of officers and members of the uni-
formed force.
S8 720-722] CONSOLIDATION OF FIRE DEPARTMENTS.
339
Fire commissioner; salary.
$ 720. The head of the fire department shall be the fire commis-
sioner. He shall be appointed by the mayor and hold office as pro-
vided in chapter four of this act. The salary of the fire commis-
sioner shall be seven thousand five hundred dollars a year.
See § 105, ante.
Deputies.
§ 721. The fire commissioner shall appoint a deputy commis-
sioner, who shall be seated at the office of the fire department in the
borough of Brooklyn, through whom such business, duties and
powers of the fire department in the boroughs of Brooklyn and
Queens shall be conducted, performed and exercised, as may be
directed by the fire commissioner.
Consolidation of departments; volunteer departments.
$ 722. The officers and members of the uniformed force and
legally appointed firemen in the corporation formerly known as the
mayor, aldermen and commonalty of The City of New York, and in
the city of Brooklyn and in the city of Long Island City, are hereby
made members of the fire department of The City of New York, as
hereby constituted, and shall be assigned to duty therein by the fire
commissioner, with the rank and grade now held by them, respect-
ively, as nearly as may be practicable. The paid fire department sys-
tem shall, as soon as practicable, be extended over the boroughs of
Queens and Richmond, by the fire commissioner, and thereupon
the present volunteer fire departments now maintained therein shall
be disbanded. Any real property and likewise any apparatus,
equipment or other personal property owned or used by said volun-
teer forces which may be deemed useful or necessary for the use
of the fire department, shall, upon the extension of the paid system
to the boroughs of Queens and Richmond, respectively, be pur-
chased by the fire commissioner at the reasonable value thereof. Ini
the meantime, and until the said paid fire department shall be
extended over said territory as herein provided, said volunteer fire
companies shall continue to discharge the duties for which they
have been associated or incorporated, and said companies shall
receive from the city such sums as are now awarded to them by the
Villages or towns in which they are respectively located. When-
ever hereafter the paid fire department shall be extended into any
part of the territory of The City of New York, as hereby constituted,
" Which now or hereafter there shall exist a volunteer fire depart-
ment, such members of said volunteer fire department in said locality
340
POWERS OF FIRE COMMISSIONER. [S$ 723–725
as may be in active service shall, so far as practicable, be preferred
for appointment as firemen in the paid department; and the volun
teer benevolent associations existing within said territory shall
possess all the privileges, and be entitled to all the rights now con-
ferred by law on such associations.
Treasurer.
§ 723. The fire commissioner shall be the treasurer of the fire
department, and shall file in the office of the comptroller a bond in
the sum of one hundred thousand dollars for the faithful perform-
ance of his duties as such treasurer.
Powers.
$ 724. The fire commissioner shall possess and exercise fully and
exclusively all powers, and perform all duties for the government,
management, maintenance, and direction of the fire department of
the city, and the premises and property thereof. The said depart-
ment shall have sole and exclusive power and authority to extin-
guish fires in said city. All real estate, fire apparatus, hose,
implements, tools, bells, and bell-towers, fire telegraph, and all
property, of whatever nature, in use by the firemen or fire depart-
ment of the city, belonging to said city, shall be in the keeping and
custody of the fire department, and for the use of said department.
But the said property shall remain the property of The City of New
York, subject to the public uses of said department, as aforesaid
and for the purposes provided by this chapter. And whenever any
of the said property shall no longer be needed by the said depart-
ment for the purposes of this chapter, the commissioner shall sur-
render the same to the city.
L. 1882, ch. 410, $ 424.
(a) The fire commissioner is not Woolbridge v. The Mayor, 49 How.
an agent of the city, but in the Pr. 67; Terhune v. The Same, 88 N.
management of apparatus and ex- Y. 247; affi'g 12 Wkly. Dig. 333;
tinguishment of fires acts for the . Thompson V. The Same, 52 N. Y.
general public, and the city is not Super (J. & S.) 427; O'Meara v. The
liable for the acts or omissions of Mayor, 1 Daly, 425. See Fire Dept.
the department or its employes. v. Atlas S. S. Co., 106 N. Y. 566.
Horses, apparatus, etc., to be provided.
$ 725. The fire commissioner shall, subject to the other provis-
ions of this act, have full power to provide supplies, horses, tools,
implements, and apparatus of any and all kinds (to be used in the
extinguishing of fires), and fire telegraphs, to provide suitable
locations for the same, and to buy, sell, construct, repair, and have
$$ 726–728] POWERS VERS
341
MT
SSION
OF FIRE COMMISSIONER.
the care of the same, and take any and all such action in the
premises as may be reasonably necessary and proper.
| L. 1882, ch. 410, $ 425.
To control and manage property, etc.
$ 726. The fire commissioner shall possess and exercise full and
exclusive power and discretion for the government, management,
maintenance and direction of the several buildings and premises,
and bell-towers, and property, and appurtenances thereto, and all
apparatus, hose, implements, and tools of any and all kinds which
may belong to or be in the use of the said department.
L. 1882, ch. 410, $ 426.
Bureaus.
$ 727. The fire commissioner shall have power to organize the
fire department into such bureaus, as may be convenient and neces-
sary for the performance of the duties imposed upon him. One
bureau shall be charged with the duty of preventing and extinguish-
ing fires and of protecting property from water used at fires, the
principal officer of which shall be called the “chief of department."
Another bureau shall be charged with the execution of all laws
relating to the storage, sale, and use of combustible materials, the
principal officer of which shall be called “inspector of combustibles.”
The salary of said inspector of combustibles shall be three thousand
dollars a year. Another bureau shall be charged with the investi-
gation of the origin and cause of fires, the principal officers of which
shall be called "fire marshals." A branch of said bureau shall be
located in the borough of Brooklyn.
L. 1882, ch. 410, $ 427. ^
Selection of subordinates.
8 728. The fire commissioner shall have power to select heads of
bureaus and assistants and as many officers and firemen as may be
necessary, and they shall at all times be under the control of the fire
commissioner, and shall perform such duties as may be assigned to
them by him, under such names or titles as he may confer; provided,
however, that assignments to duty and promotions in the uniformed
force shall be made by the fire commissioner upon the recommenda-
tion of the chief of department, and in case any recommendation so
made by the chief shall be rejected, he shall, within three days, sub-
mit another name or names, and continue so to do until the assign-
ment or promotion is made.
L. 1882, ch. 410, 8 428.
342 . FIRE ALARM TELEGRAPH.
[$ 729
Location of fire alarm telegraph, etc.; penalty for interference there-
with.
§ 729. The fire commissioner shall have exclusive right and
power from time to time to designate and fix the location of all
fire alarm telegraph, signal and alarm stations in the city, and to
have access to and the control of the same for the purposes of the
department; to fix upon and adopt the colors or combination of
colors in painting the poles, boxes, and fixtures thereof, and the
kind or style of keys and appliances by which to operate the same;
to select and designate the places of deposit for keeping the keys
of the various stations, and to designate the offices and persons who
shall be intrusted with duplicate keys and authorized to use the
same, and to make from time to time such rules and regulations
governing the possession, return or use thereof, and as to the use
and control of said telegraph, as he may deem necessary; and no
person other than the said commissioner or the officers and
employes specially authorized to operate said telegraph, or to use the
same for instruction or drill, or policemen or citizens using the
same for communicating an actual alarm of fire, shall make use
thereof; and no person shall use the keys or appliances thereof for
communicating a false alarm, or experimenting or tampering with
the same for any purpose whatever, or have or possess any key
thereof, without such authority; and no person, association, corpo-
ration, or company shall post, paint, impress, or in any way affix to
any pole connected with said fire-alarm telegraph, or any box, wire,
or other appliance connected therewith, any placard, sign, broad-
side, notice, or announcement of any kind, or cut, mutilate, alter,
mar, deface, cover, obstruct or interfere with the same in any man-
ner whatsoever, or paint or cause to be painted, the poles of any
other telegraph, or any other poles on the lines thereof, of a similar
color or colors, or in imitation thereof, nor consent, allow, or be
privy to any of said things being done for them or upon their
behalf; and any offense against the provisions of this section shall
be punished as a misdeameanor, and subject the party or parties
violating the same to an additional penalty of one hundred dollars.
No kite shall be flown, raised, or put up in the streets or avenues
adjacent to the lines of said telegraph, or allowed to become
entangled with the wires or apparatus of said telegraph, under
a penalty of ten dollars for every such offense; and the police board
and their officers are specially charged and directed to aid in the
enforcement of this section.
L. 1882, ch. 410, 8 429.
LL
$8 730, 731]
343
SUITS BY FIRE COMMISSIONER.
Business offices; seal.
$ 730. The said fire commissioners shall, subject to the other
provisions of this act, provide such offices and business accommoda-
tions as may be requisite for the transaction of the business of the
department and that of its subordinates. The commissioner may
adopt a common seal and direct its use.
| L. 1882, ch. 410, $ 430.
Suits and actions.
$ 731. The fire commissioner is hereby authorized, empowered,
and especially charged with the duties of enforcing the several pro-
visions of this chapter, and may, subject to the other provisions of .
this act, incur any expense necessary and proper therefor; and said
fire commissioner is hereby authorized and empowered to receive
and collect all license fees mentioned in this chapter, and to sue
for, and shall have the exclusive right of recovery of, any and all
penalties imposed under this chapter, and may sue for and recover
and collect the same, with costs, in the manner provided for in
actions under the code of civil procedure, and shall apply the same
to the uses and purposes of the relief fund of the fire department
in The City of New York, and the said fire commissioner may bring
any suit or action for the enforcement of its rights and contracts,
and for the protection, possession, and maintenance of the property
under the control of said department; and any action to recover
any fee, fine, or penalty under this chapter may be brought in any
of the municipal courts in said city; and the assistant corporation
counsel assigned to the fire department shall, under the direction
of the fire commissioner, take charge of the prosecution of all suits
or proceedings instituted for the recovery and collection of penal-
ties; and the enforcement of the several provisions of this chapter;
collect and receive all moneys upon judgments, suits, or proceed-
ings so instituted; pay all costs and disbursements, and discontinue
suits and proceedings, and execute satisfaction of judgments upon
Payment of penalties or costs, and in compliance with orders made
in such suits and proceedings; shall keep a correct and accurate
register of all suits and proceedings, and account for all moneys
received and paid out thereon; and shall pay over to the treasurer
of the relief fund the amount of all license fees, penalties, and
money's received and collected by him, and the said fire commis-
sioner is authorized to settle or compromise any such suit or judg-
ment for less than the amount of the same, in case, in his judgment,
he is satisfied that the full amount cannot be collected.
L. 1882, ch. 410, § 431. See Fire Dept. v. Gilmour, 4 Misc. 202; s. C., 23
N. Y. Supp. 1022.
344
QUALIFICATIONS FOR MEMBERSHIP. [S8 732–734
Members of force to decline nominations to office.
$ 732. Any officer or member of the uniformed force of said
department who shall be publicly nominated for any office, elective
by the people, and who shall not decline the said nomination within
ten days succeeding notice of the same, shall be deemed to have
vacated his office in the fire department.
L. 1882, ch. 410, $ 433.
Uniforms and badges.
§ 733. It shall be the duty of the fire commissioner to make suit-
able regulations under which the officers and men of the fire depart-
ment shall be required to wear an appropriate uniform and badge,
by which in case of fire and at other times, the authority and rela-
tions of such officers and men in said department may be known
as the exigency of their duties may require. It shall be a misde-
meanor, punishable by imprisonment for a period of not less than
sixty days, for a person not enrolled or employed, or appointed by
the said department, to wear the whole or any part of the uniform
or insignia prescribed to be worn by the rules or regulations of
the fire department, or do any act as firemen not duly authorized
by the commissioner, or to interfere with the property or apparatus
of the fire department in any manner unless by the authority of the
fire commissioner. Any person who shall falsely represent any
member of the uniformed force of the fire department, or who shall
maliciously, with intent to deceive, use, or imitate any of the signs,
fire caps, badges, signals or devices adopted or used by the said
department, shall be deemed guilty of a misdemeanor, and shall be
subject to a fine of not less than twenty-five dollars or more than
two hundred and fifty dollars, and to imprisonment for a term not
less than ten days, or more than three months, such fines when col-
lected, to be paid over to the trustees of the New York fire depart-
ment relief fund.
L. 1882, ch. 410, $ 434.
Qualifications of force.
department or continue to hold membership therein, who is not
a citizen of the United States, or who has ever been convicted of
felony; nor shall any person be appointed who cannot read and
write understandingly in the English language, or who shall not
have resided within the state one year immediately prior to his
appointment, or who is not over the age of twenty-one and under
the age of thirty years.
L. 1882, ch. 410, $ 435.
$8 735–739] DUTIES AND PRIVILEGES OF FIREMEN. 345
Resignations and absences.
$ 735. No member of the fire department shall, under penalty of
forfeiting the salary or pay which may be due to him, withdraw or
resign, except by permission of the fire commissioner. Unexplained
absence, without leave, of any member of the uniformed force, for
five days, shall be deemed and held to be a resignation by such mem-
ber, and accepted as such.
L. 1882, ch. 410, $ 436.
See cases cited under $ 303, ante.
Military and jury duty; arrest.
$ 736. No person holding office under this department shall be
liable to military or jury duty, nor to arrest on civil process, or,
whilst actually on duty, to service of subpænas from civil courts.
L. 1882, ch. 410, $ 437. See cases cited under $ 341, ante.
Warrants of appointment.
$ 737. Every member of the uniformed force shall have issued
to him a proper warrant of appointment signed by the fire com-
missioner.
L. 1882, ch. 410, $ 438.
Oaths of office.
§ 738. Each member of the uniformed force shall take an oath of
office, and subscribe the same before an officer of the department
empowered to administer an oath.
L. 1882, ch. 410, $ 439.
-
Discipline, etc.
$ 739. The government and discipline of the fire department shall
be such as the fire commissioner may, from time to time, by rules,
regulations, and orders prescribe. The fire commissioner shall
lave power, in his discretion, on conviction of a member of the
force of any legal offense or neglect of duty, or violation of rules,
or neglect or disobedience of orders, or incapacity, or absence with-
out leave, or any conduct injurious to the public peace or welfare,
or immoral conduct, or conduct unbecoming an officer or member
or other breach of discipline, to punish the offending party, by repri-
mand, forfeiting and withholding pay for a specified time, or dis-
niissal from the force; but no more than ten days' pay shall be for-
fcited and withheld for any offense. Officers and members of the
liniformed force shall be removable onlv after written charges shall
ave been preferred against them, and after the charges shall have
been publicly examined into, upon such reasonable notice to the
346 GOVERNMENT AND DISCIPLINE OF DEPARTMENT. [$ 739
person charged, and in such manner of examination as the rules
and regulations of the fire commissioner may prescribe. The
missioner or by the deputy commissioner; but no decision shall be
final or be enforced, until approved by the fire commissioner. No
member of the uniformed force shall be permitted to contribute any
moneys directly or indirectly to any political fund, or to join or
become or be a member of any political club or association, or of
any club or association intended to affect legislation for or on
behalf of the fire department or any officer or member thereof, or
to contribute any money directly or indirectly for such purpose.
The rules and regulations now established in the respective fire
departments of The City of New York, the city of Brooklyn, and
Long Island City, shall continue in force until modified or repealed
by said commissioner. The rules and regulations of the fire depart-
ment, when established by the fire commissioner, shall be printed,
published and circulated among the officers and members of said
department.
L. 1882, ch. 410, $ 440.
(a) Renovals. This section refers
113 N. Y. 416; affi'g 11 N. Y. State
benefit may be renounced by a
member, as e. g. by accepting, with-
out protest, a transfer to a subordi-
nate position and performing the
duties and receiving the reduced
salary thereof. Reilly V. The
Mayor, 48 N. Y. Super. (J. & S.)
274; affi'd 96 N. Y. 331.
(6) A re-transfer of a member of
the force from a position to which
the commissioners had mistakenly
promoted him, is in no sense a re-
moval within the meaning of this
section. People ex rel. Short v.
Fire Commrs., 47 Hun, 528; affi'd in
114 N. Y. 67.
(c) The board having retired a
member of the force for an offense,
upon an annuity, in an action by
him for salary, held, that although
the board may not have had power
to grant the annuity, the retire-
ment was in effect a discharge, and
the party, not having performed
any service after such discharge,
under $ 1543, post.
(e) Where the charge of incapac-
ity upon which the board removed
a member of the force, was the vio-
lation of a general order of the de-
partment, which declared that an
Officer should " be responsible for
any want of judgment, skill, neg-
lect or failure, which may cause
unnecessary loss of life, limb or
property," and no loss had been oc-
casioned by an act of the officer
complained of, held, that his viola-
tion of the order did not authorize
his removal. People ex rel. Mc-
Cabe v. Fire Commrs., 106 N. Y.
257; S. C., 8 N. Y. State Rep. 695;
affi'g 43 Hun, 554.
(f) A mere neglect on the part of
a member of the fire department to
pay a debt resulting from an hon-
est inability growing out of sick-
ness or of accidental injury, which
has rendered him unable to meet
the demand at maturity, is not suf-
ficient to justifv his removal under
the provisions of a general order of
the department in relation to “in-
curring liabilities which he refuses
or neglects to honorably discharge..
People ex rel. Hunter v. Poard of
Fire Commrs., 14 Weekly Dig. 213.
compensation. Wood v. The Mayor,
55 N. Y. Super. (J. & S.) 230.
(d) The power of a board of com-
missioners to remove employes does
not include the power to suspend
indefinitely. Gregory v. The Mayor,
$ 740]
347
RANKS AND SALARIES OF MEMBERS.
(0) The fire commissioner has
power to dismiss a fireman upon
his trial and conviction upon a
charge of incompetency, because of
the excessive use of spirituous
liquors. People ex rel. McLaughlin
v. Partridge, 13 Abb. N. C. 410.
(11) Procedure oil reinovals. On the
trial before the fire commissioners
of a member of the fire depart-
ment, the former have powers sim-
ilar to those possessed by the police
commissioners. People ex rel. Kee-
gan v. Purroy, 21 N. Y. State Rep.
337. See cases cited under $ 300,
ante.
(i) Under this section declaring
that members of the force “shall
be removable only after written
charges shall have been preferred
against them,” all that is required
is that the commissioners should
specify in writing the offense with
which the member is charged, in
any language sufficient to convey
that information, and thus enable
the accused to be prepared for
trial. People ex rel. Donovan v.
Fire Commrs., 77 N. Y. 153.
(j) A member of the fire depart
ment who appears before the com-
missioner and proceeds with the
trial of charges without raising the
objection that he has not had suf-
ficient notice of trial is deemed to
have waived that irregularity. Peo-
ple ex rel. Finigan v. Purroy, 59
Hun, 622; S. C., 13 N. Y. Supp. 119.
(k) This section requiring writ-
ten charges, notice and a public ex-
amination prior to the removal of
officers and members of the uni-
formed force, does not prevent the
fire commissioners from transfer-
ring a member of that force from
one class of duties to another,
which he is equally capable of per-
forming; this is not a removal
within the meaning of this provis-
wol, such a transfer is within the
powers of the commissioners, and
as to the propriety of it. they are
exclusive judges. Riley v. The
Mayor, 96 N. Y. 331; Morris v.
The Same, 99 ld. 645; Monroe v. The
Same, 28 Hun, 258.
(i) Review of removals on certiorari.
The commissioner having acquireu
jurisdiction by all the preliminaries
stated in this section to remove a
member of the force, his decision
of removal will not be reviewed on
certiorari if there was evidence legit-
imately tending to support the de-
cision. People ex rel.' Hart v. tire
Commrs., 82 N. Y. 358; rev'g 9
Week. Dig. 390; People ex rel. Mas-
terson v. Fire Commrs., 96 N.Y. 644;
People ex rel. Keegan v. Purroy,
ante; People ex rel. Donovan v. Fire
Commrs., ante; People ex rel. Bohen
v. Purroy, vo Hun, 676; S. C., 20 N.
Y. Supp. 735.
(111) The commissioner having
complied with every condition re-
quired by this section preliminary
to removal of an officer, and there
being no question of jurisdiction,
procedure or evidence upon which
the court had power to interfere
with the removal, held, that the
court had no power to review or
modify the order of dismissal by
directing the suspension of the
officer for a stated period. People
ex rel. Kent v. Fire Commrs., 100
N. Y. 82, followed in People ex rel.
Burns v. Purroy, 61 Super. Ct. (J.
& S.) 284. .
(n) The nature and extent of the
punishment to be imposed, after
conviction, is entirely within the
discretion of the fire commissioner;
and the exercise of this discretion
cannot be reviewed by the courts.
Ibid.
(0) It seenis that the interests of
the service require that, in cases of
removal of members of the force, a
wide discretion should be left to
the commissioners, and that their
judgment should not be disturbed,
save where there is an entire ab-
sence of evidence to sustain it.
People ex rel. Hart v. Fire Commrs..
82 N. Y. 358; rev'g 9 Week. Dig. 390.
the
can
mades, ranks, and salaries of officers and members of the uniformed
force.
8740. The ranks and salaries of officers of the fire department
shall be as follows: Chief of department, whose annual salary shall
be not more than six thousand dollars, nor less than five thousand
ollars; deputy chiefs of department, whose annual salary shall be not
348
GRADES OF UNIFORMED MEMBERS. [$ 740
more than four thousand five hundred dollars, nor less than three
thousand five hundred dollars; battalion chiefs, whose annual salary
shall be not more than three thousand five hundred dollars, nor less
than two thousand seven hundred and fifty dollars; captains or fore-
men of companies, whose annual salary shall be not more than two
thousand five hundred dollars, nor less than eighteen hundred dol-
lars; lieutenants or assistant foremen of companies, whose annual
salary shall be not more than eighteen hundred dollars, nor less than
one thousand five hundred dollars; engineers of steamers, whose
annual salary shall be one thousand six hundred dollars. From and
after January first, eighteen hundred and ninety-eight, the uni-
formed members of the fire department who are firemen shall be
divided into four grades, to wit, first, second, third and fourth, and
shall receive an annual pay or compensation as follows: Members
of the first grade, fourteen hundred dollars; members of the second ·
grade, twelve hundred dollars; members of the third grade, one
thousand dollars, and members of the fourth grade, eight hundred
clollars. The members of the uniformed force who are appointed
after January first, eighteen hundred and ninety-eight, shall be
assigned to the fourth grade; after one year of service in the fourth
grade, they shall be advanced to the third grade; after one year of
service in the third grade, they shall be advanced to the second
grade; after one year of service in the second grade, they shall be
advanced to the first grade; and they shall in each instance receive
the annual pay or compensation of the grade to which they belong
as herein provided. All persons who, when this act takes' effect,
are firemen in the uniformed force of the fire department of the
corporation heretofore known as the mayor, aldermen and com-
monalty of The City of New York, or of the city of Brooklyn, or of
the corporation heretofore known as Long Island City, shall there-
upon become firemen of that grade having a salary thereto attached
equal to the salary or compensation paid such firemen, respectively,
at the time of the taking effect of this act; provided, however, that
any such fireman who has been a member of the uniformed force
in the city of Brooklyn, or in Long Island City, whose salary falls
between any two of the grades hereby established, shall within three
years have his salary made equal to the salary of the first grade by
equal annual additions. Nothing in this section contained shall be
construed to change in any way the salaries or grading, present of
prospective, of the firemen who are or shall become members of
the uniformed force of the New York fire department prior to Janu-
ary first, eighteen hundred and ninety-eight; and nothing in this
section contained shall be construed to affect in any other way than
$$ 740, 741] .COOPERATION OF POLICE AND FIRE DEPTS.
349
as provided herein the rights and privileges secured under the pro-
visions of this act to uniformed members of the various fire depart-
ments consolidated into one department by this act. The pay or
compensation of the officers of the fire department and each of them
mentioned in the first paragraph of this section, and also the pay
or compensation of district engineers and officers ranking as such,
and of any other officers who, when this act takes effect, belong to
the uniformed force of either of the fire departments hereby con-
solidated into one department, shall be and remain fixed at the
amount which they and each of them were severally receiving or
entitled to receive from the respective municipal corporations in
whose employ they were prior to the taking effect of this act; pro-
vided, however, that the salaries of all such officers in either of said
fire departments other than the New York department, so consoli-
dated into one department, shall be made equal to the salaries of
corresponding officers in said New York department, within three
years from January first, eighteen hundred and ninety-eight, by
equal annual additions; and provided further that if the difference
in the pay received by such officers and the pay received by corre-
sponding officers of the New York fire department as heretofore
existing, is not more than fifty dollars, when this act takes effect,
the pay shall be equalized at once. The pay or compensation afore-
said shall be paid monthly to each person entitled thereto, subject
to such deductions each month from the pay or compensation of
said persons as are or shall be authorized by law or by this act;
and no pay or compensation shall be allowed or paid to any such
fireman or officer, except as in this section provided for and
declared, any other law to the contrary or otherwise notwith-
standing
See L. 1882, ch. 410, § 442; L. 1889, ch. 218.
Police department to co-operate.
$ 741. It shall be the duty of the fire department and of the police
department, their respective officers and men, to co-operate together
in all proper ways, and the said police department and fire depart-
ment may respectively provide for protection against fire, and for
the arrest of all persons who may, at or near any fire, commit, or
attempt to commit, any crime against the laws of this state, or vio-
late any rule or regulation of said police department or fire
department..
L. 1882, ch. 410, $ 443.
350
FIRES AND THEIR EXTINCTION. - [88 748–750
TITLE 2.
FIRES AND THEIR EXTINCTION.
Sec. 748. Right of way; obstructing.
749. Hoše-bridges on railway tracks.
750. Fire hydrants not to be obstructed.
751. Sappers and miners.
752. Id.; duties of.
753. Explosives; depots for storage of.
754. Pulling down buildings to prevent spread of fire.
755. Idle persons, etc., may be removed from fires.
Right of way; obstructing.
§ 748. The officers and men of the fire department, with their
apparatus of all kinds, when on duty, shall have the right of way at
any fire in any highway, street or avenue, over any and all vehicles
of any kind, except those carrying the United States mail. And
any person in or upon any vehicle who shall refuse the right of way,
or in any way obstruct any fire apparatus, or any of said officers
while in the performance of duty, shall be guilty of a misdemeanor,
and be liable to punishment for the same.
L. 1882, ch. 410, 8 444.
Hose-bridges on railway tracks.
$ 749. The fire commissioner is empowered to provide for laying
over the railway tracks of the city the hose used by the department
for the extinguishment of fire by such hose-bridges as he may deem
necessary. The various' railway companies operating cars within
the limits of The City of New York as constituted by this act shall
provide, pay for and use such hose-bridges as may be designated by
the said commissioner.
L. 1882, ch. 410, $ 445.
Fire hydrants not to be obstructed.
hydrant in said city, or allow any snow or ice to be thrown or piled
upon or around the same, or have or place, or allow to be placed,
any material in froitt thereof, from the curb line to the center of the
street, and to within ten feet from either side thereof, and all snow
and ice accumulating within such space shall be removed by the
owner or owners, lessee or lessees, of the premises fronting the
the sidewalk, under a penalty of ten dollars for each and every such
offense; and any and all material found as an obstruction, as afore-
88 750–753
351
DUTIES OF SAPPERS AND MINERS.
said, may be forthwith removed by the officers or employes of said
department, and at the risk, cost and expense of the owner or claim-
ant, and said fire commissioner may take all proper measures to
keep said hydrants from freezing, and in proper condition for use at
all times.
L. 1882, ch. 410, $ 446.
Sappers and miners.
§ 751. The fire commissioner is hereby empowered and directed
to maintain in the fire department a corps to be known as the corps
of sappers and miners. Said corps shall be composed of not exceed-
ing three members, either officers or private firemen, of each com-
pany in said fire department, and said members shall be appointed
by said .commissioner, upon the nomination of the chief of depart-
ment. The said commissioner shall appoint a suitable officer, who
shall be skilled in the use of explosives, whose duty it shall be to
instruct and drill said corps in the use of explosives, and to give
said corps such other instruction as may be required to qualify them
to effectually discharge the duties imposed upon them by this title.
Such officer shall receive an annual salary of two thousand dollars,
and such salary shall be raised and paid in the same manner as the
salaries of the other officers appointed by said commissioner.
L. 1882, ch. 410, $ 447.
Y
Id.; duties of.
§ 752. Whenever, under and by virtue of the acts relating to the
extinguishment of fires in the city, the destruction or pulling down
of any building or buildings shall be deemed necessary and shall be
ordered by the officer in command at any fire in said city, it shall be
the duty of said corps, or any member or members thereof, by the
direction of said officer in command at such fire, to level and
destroy such building or buildings by the use of explosives, for the
purpose of arresting the spread of such fire, and it shall be lawful
for them to enter and take possession of the same for such purposes.
L. 1882, ch. 410, $ 448.
Explosives; depots for storage of.
$ 753. The fire commissioner shall establish in The City of New
York, one or more depots for the storage and safe-keeping of such
Cxplosives as may be required for the use of said corps, and may
limit the quantity of any such explosives to be kept at any one of
such denots.
| L. 1882, ch. 410, $ 449.
352
[S 754
DESTRUCTION OF BUILDINGS.
Pulling down buildings to prevent spread of fire.
$ 754. When any building or buildings in The City of New York
shall be on fire, it shall be lawful for the fire commissioner to direct
and order the same, or any other building which he may deem haz-
ardous, and likely to take fire, or to convey the fire to other build-
ings, to be pulled down or destroyed. Upon the application of any
person interested in such building so pulled down or destroyed, to
the supreme court, in and for the county or any adjoining
county, in the judicial department within which such build-
ing is situated, it shall be its duty to issue a precept for a jury
to inquire into and assess the damages which the owners of such
building and all persons having an estate or interest therein have
respectively sustained by the pulling down or destruction thereof;
which precept shall be issued, directed, executed, returned and pro-
ceeded upon, and the proceedings thereon shall take effect as nearly
as may be, in such manner as is provided in the case of land taken
for public purposes; and, the said inquiry and assessment having
been confirmed by the court, the sums assessed by the jury shall be
paid by The City of New York to the respective persons in whose
favor the jury shall have assessed the same, in full satisfaction of all
demands of such persons respectively, by reason of the pulling down
or destruction of such building; and the court before whom such
process shall be returnable shall have power to compel the attend-
ance of jurors and witnesses upon any such assessment of
c!amages.
L. 1882, ch. 410, $ 450.
V
(a) The city cannot be held in a property taken for public use. Rus-
civil action for loss of personal sell y. The Mayor, arite.
property, as a building destroyed (d) Under this section the city is
by virtue of this section, but the liable in damages as well for loss
owners of such property are lim of merchandise or other personal
ited to an assessment according to effects which may be, at the time
* the statute, and, therefore, persons of destruction of the building, the
having no interest in the building property of the occupant, as for
destroyed are not entitled to re- loss from the destruction of the
cover for their losses. Russell v. building itself. The Mayor v. Lord,
The Mayor, 2 Denio, 461.
17 Wend. 285; affi'd in 18 Id. 125.
(6) The mayor and aldermen in (e) But unless the claimant has
making an order for the destruc an estate or interest in the building
tion of a building do not act as he cannot recover for personal
agents or officers of the city, but as property destroyed. The Mayor."
magistrates designated by the leg- Stone, 20 Wend. 139; affi'd in 25.11.
islature to execute a public duty. 157. An owner or lessee having
Russell v. The Mayor, ante.
goods in building as a factor of
(c) The authority conferred to commission merchant, can clai
order destruction of buildings is damages to the amount of his liel,
not a grant of a right of eminent but not for the value of the good
domain, and is not, therefore, for the benefit of the owner..!!
within the constitutional provision A person having moods stored
requiring compensation for private · building destroyed is not ent.
entitled
SS 755, 760]
353
PREVENTION OF FIRES.
to be a claimant under this section.
Ibid.
(f) It seems that damages are not
recoverable if the building would
have been destroyed by the fire, if
no order for its destruction had
been given. The Mayor v. Lord,
ante; Pentz v. Receiver of Ætna
Firé Ins. Co., 9 Paige, 568. See
American Print Works v. Lawrence,
3 Zabr. (N. J.) 9; affi'd, Id. 590.
(g) In a case of public necessity
to prevent the spreading of a fire,
any individual may demolish a
building without being responsible
in trespass or otherwise. But if
such public necessity does not ex-
ist, and in point of fact there is no
need of the destruction, the person
who commits the act is responsible
in damages. Struve v. Droge, 10
Abb. N. C. 142.
Idle persons, etc., may be removed from fires.
§ 755. During the actual prevalence of any fire, it shall and may
be lawful for the officers of the police and fire departments to
remove, or cause to be removed and kept away from the vicinity of
such fire, all idle and suspicious persons, and all persons not fit to
be employed or not actually and usefully employed, in their judg-
ment, in aiding the extinguishment of such fire or in the preservation
of property in the vicinity thereof.
L. 1882, ch. 410, $ 451.
TITLE 3.
PREVENTION OF FIRES — EXPLOSIVES AND COMBUSTIBLE MATERIALS. :
Sec. 760. Shavings; how to be stowed away.
761. Hoistways, iron shutters, etc., to be closed.
762. Lights, precautions against fire and use of aisles in places of
amusement.
763. Gunpowder and other explosives; sales thereof regulated.
764. Fireworks and explosive compounds; manufacture and sale
thereof.
765. Petroleum and coal oils, etc.; sale thereof.
766. Id.; continued.
767. Criminal liability if death results from violation of foregoing
rules,
768. Fires and lights on vessels transporting petroleum.
769. Storage of certain chemicals regulated.
770. Id.; of certain fegetable products.
771. Right to enter buildings, etc., for purposes of examination.
772. Information to be furnished by holders of permits.
773. Fines and penalties.
Shavings; how to be stowed away.
$ 760. All carpenters or others in said city making or using shav-
ings, shall, at the close of each day, cause the same to be securely.
stowed in some safe place remote from danger by fire, under the
penalty of five dollars for each omission to do so. No person shall
kindle any fire nor furnish the materials, nor in any way authorize
23
354
[ 8 760, 761
HOISTWAYS, ETC., TO BE CLOSED.
or allow any fire to be made in any street, road, alley, lane, or upon
any pier, wharf, or bulkhead in the city, except under such regula-
tions as shall be established by the fire commissioner, under a pen-
alty of ten dollars for each and every such offense. If any chimney,
stove-pipe, or flue within the city shall take fire, the occupant of
the premises to which such chimney, stove, or flue appertains shall
forfeit the sum of five dollars.
L. 1882, ch. 410, $ 452.
Hoistways, iron shutters, etc., to be closed.
§ 761. All hoistways, well-holes, trap-doors, and iron shutters
shall be closed at the completion of the business of each day by
the occupant of the building having use or control of the same, and
in case of a violation of this provision, such occupant having the
use or control thereof shall forfeit and pay a penalty of fifty dollars
for each and every neglect or omission so to do. And for any acci-
dent or injury to life or limb, resulting directly or indirectly from
any neglect or omission to properly comply with any of the require-
ments of this section, the person or persons culpable or negligent in
respect thereto shall be liable to pay any officer, agent, or employe
of said fire department injured, or whose life may be lost (resulting
from such neglect or omission) while in the discharge or perform-
ance of any duty imposed by said commissioner, or to the wife and
children, or to the parents, or to the brothers and sisters, being the
surviving heirs-at-law of any deceased person thus having lost his
life, a sum of money, in case of injury to person, not less than one
thousand dollars, and in case of death not less than five thousand
dollars, such liability to be determined and such sums recovered in
an action to be instituted by said fire commissioner for and in behalf
of any person injured, or the family or relatives of any person killed
as aforesaid; and any and all persons for any fire, resulting from his
or their wilful or culpable negligence or criminal intent or design,
shall, in addition to the present provisions of law for the punishment
of persons convicted of arson, be liable in a civil action for the
payment of any and all damages to the person and property, the
result of such fire, and also for the payment of all costs and expenses
of said fire department incurred in and about the use of employes,
apparatus, and materials in the extinguishment of any fire resulting
from such cause, the amount of such costs and expenses to be fixed
hy said commissioner, and when collected shall be paid into the
relief fund of said department herein created; and shall also be liable
for injury to person or less of life of any officer, agent, or employe of
said fire department in the same manner and like extent, and to be
8 762] PRECAUTIONS AGAINST 1
FIRE IN BUILDINGS. 355
sued for in like manner as in the preceding part of this section
provided for.
| L. 1882, ch, 410, $ 453.
Lights, precautions against fire and use of aisles in places of amuse-
ment.
$ 762. All lights used in theatres and other places of public
amusement, manufactories, stores, hotels, lodging-houses and in
show windows shall be properly protected by globes or glass cov-
erings, or in such other manner as the fire commissioner shall pre-
scribe. The owners and proprietors of all manufactories, hotels,
tenement-houses, apartment-houses, office buildings, boarding and
lodging-houses, warehouses, stores and offices, theatres and music
halls, and the authorities or persons having charge of all hospitals
and asylums, and of the public schools and other public buildings,
churches and other places where large numbers of persons are
congregated for purposes of worship, instruction or amusement,
shall provide such means of communicating alarms of fire, accident
Or danger, to the police and fire departments, respectively, as the
fire commissioner or police board may direct, and shall also provide
such fire hose, fire extinguishers, buckets, axes, fire hooks, fire
doors and other means of preventing and extinguishing fires as said
fire commissioner may direct. In every building used or occupied
as a hotel, lodging-house, or public or private hospital or asylum,
there shall be employed by the owner or proprietor, or other person
or persons having the charge or management therof, one or more
watchmen, whose exclusive duty it shall be to visit every portion of
such building, at regular and frequent intervals, under rules and
regulations to be established by the fire commissioner, for the pur-
pose of detecting fire or other sources of danger, and giving timely
warning thereof to the inmates of the building. In every room in
each of said buildings there shall be posted a card, upon which shall
be printed a diagram showing the exits, halls, stairways, elevators
and fire-escapes, and in the halls and passageways, signs shall be
posted indicating the location of the stairs and fire-escapes. In each
of the said buildings there shall be placed and provided electrical or
other alarms and time detectors, to be approved by the fire com-
missioner, by means of which the movements of said watchman may
be recorded, and through which alarms of fire or other danger
may be instantly communicated, by means of bells or gongs, to
every portion of the building. Said electrical apparatus, and all
other appliances placed or kept within any of said buildings for the
purpose of preventing or extinguishing fires, or for affording means
356
[S 762
PRECAUTIONS IN PLACES OF AMUSEMENT.
i
U
VV
Y
1
T
of escape thereírom in case of fire, shail be kept at all times in good
wcrkirig order and proper condition for immediate use, and any
memiber of the liniformed force of said department may enter any of
the said buildings at any time for the purpose of inspecting said
apparatus or appliances. The fire commissioner may detail, not
to exceed two members of the uniformed force of said department,
at each and every place of amusement where machinery and scenery
are in use, while such place is open to the public, whose duty it
shall be to guard against fire, and who shall have charge and con-
trol of the means provided for its extinguishment, and shall have
control and direction of the employes of the place to which they
may be detailed for the purpose of extinguishing any fire which may
occur therein. It shall also be the duty of such member or mem-
bers of the uniformed force of said department to inspect every
portion of the building or buildings to which they may be detailed,
during public performances therein, for the purpose of guarding
and protecting the occupants from fire or panic. Whenever any
member of the uniformed force of said department shall discover
in any inside aisle or passageway in any such place of amusement
any camp stools, chairs, sofas, or other obstructions, or any person
or persons standing or sitting therein, during any public perform-
ance, it shall be the duty of such member of the uniformed force
forthwith to notify the proprietor or manager of such place of
amusement, or any usher, agent or other employe of such proprietor
or manager then present, to cause such obstruction to be forth-
with removed, or to cause the person or persons standing or sitting
in such aisles or passageways to forthwith vacate the same. If the
manager or proprietor, or such usher, agent or employe shall cause
or permit any camp stool, chairs, sofas or other obstructions to be
placed or remain in any aisle or passageway, in any such place of
amusement, or shall cause, or permit any person to stand or sit
therein, during any public performance, or, having been so notified,
shall neglect or refuse to cause such obstruction to be forthwith
removed, or to cause such person or persons to forthwith vacate said
aisles or passageways, they shall each severally be deemed to have
violated the provisions and requirements of this title and the regu-
lations or orders duly made thereunder, and shall be subject to the
penalties prescribed in this act. In all places of public amusement
or entertainment, not included in the foregoing provisions, except
in fire-proof buildings, there shall be employed, by the owner of
Dronrietor thereof, one or more watchmen whose exclusive duty it
shall he to protect and guard the inmates of such buildings from fire
and other sources of danger.
L. 1882, ch. 410, $ 454; L. 1892, ch. 703; L. 1894, chi 247.
1
$ 763]
SALES OF EXPLOSIVES.
357
Gunpowder and other explosives; sales thereof regulated.
§ 763. No person shall manufacture, have, keep, sell, or give
away any gunpowder, blasting-powder, gun-cotton, nitro-glycerine,
dualin, or any explosive oils or compounds within the corporate
limits of The City of New York, except in the quantities limited,
in the manner and upon the conditions herein provided, and under
such regulations as the fire commissioner shall prescribe; and said
commissioner shall make suitable provision for the storage and
safe-keeping of gunpowder and other dangerous and explosive
compounds or articles enumerated under this title, beyond the
interior line of low water-mark in The City of New York. The said
commissioner may issue licenses to persons desiring to sell gun-
powder or any of the articles mentioned under this section at retail,
at a particular place in said city to be named in said license (pro-
vided that the same shall not be in a building used in any part
thereof as a dwelling, unless specially authorized by said license),
and persons só licensed may have on their premises, if actually
kept for sale, a quantity not exceeding at any one time, of nitro-
glycerine, five pounds; of gun-cotton, five pounds; of gunpowder,
fourteen pounds; blasting-powder, twenty-five pounds; and all of
said articles shall be put up in tight metallic canisters, contain-
ing, or capable of containing, not more than one pound each; and
the person so licensed shall place on some conspicuous part of
the front of the stores or buildings in which they may be licensed
to sell powder, or any of the articles named under this section,
a sign on which shall be distinctly printed, in characters legible
to persons passing such stores or buildings, the words, “licensed
to sell gunpowder," or designating such other of the articles herein
named as is there offered for sale; and every barrel, cask, canister,
bottle, can, vessel, box or parcel, in which the same is sold, or into
which the same is delivered on being sold, shall be distinctly labeled
with a printed sign or label, printed upon or firmly affixed thereto,
describing the article contained therein, with the word “danger”
distinctly printed below the same. No nitro-glycerine, dualin, or
gunpowder shall be manufactured in said city, and no quantities
of nitro-glycerine, dualin, or gunpowder greater than above pro-
vided shall be kept, carried, or conveyed within said city; except that
for the purposes of distribution to or delivery from stores and build-
ings in said city a quantity not more than five quarter casks may be
carried at any one time, during the daytime, for the purpose of
transportation from any vessel or sending the same to said stores
or buildings, or any vessel or place without said city; provided, that.
the carrying or conveying the same it shall be protected by being
358
FIREWORKS AND EXPLOSIVE COMPOUNDS. [88 763, 764
completely and securely covered with a leather or canvas cover or
case, and marked "gunpowder.” The commander, owner or own-
.ers of any ship or other vessel arriving in the harbor of New York,
and having more than twenty-eight pounds of gunpowder, dualin,
: or nitro-glycerine on board, shall within forty-eight hours after the
arrival, and before such ship or vessel shall approach nearer than
three hundred yards of any wharf, pier or slip, to the southward of
a line drawn through the center of Seventy-third street, immedi-
ately give written notice to the said commissioner of the fact that
such powder or nitro-glycerine is on such vessel; but it shall be law-
ſul either to proceed with such ship or vessel to sea within forty-
eight hours after her arrival, or to tranship such gunpowder, dualin,
or nitro-glycerine from one ship or vessel to another for the purpose
of immediate transportation, without landing the same; provided,
however, that the provisions of this section shall not apply to any
vessel receiving gunpowder on freight on any one day, provided
such vessel do not remain at any wharf of the said city, or be within
three hundred yards thereof after sunset. All gunpowder, guncot-
ton, blasting powder, dualin, nitro-glycerine, or other explosive
compound, found in violation of this section shall be forthwith
seized and safely stored, and be sold, upon three days' notice to the
owner or claimant; and the proceeds of such sale, after deducting
all expenses, shall be forfeited and paid over to and for the use and
benefit of the relief fund of the fire department of The City of New
York. Nothing contained in this section shall be construed to
apply to any ship or vessel of war in the service of the United States
or of any foreign government, while lying distant three hundred
yards or upwards from the wharves, piers, or slips of the said city,
nor to any ship or vessel of war in the service of the United States
while lying at any part of the Navy Yard in the borough of
Brooklyn.
L. 1882, ch. 410, $ 455.
(a) The statutes concerning pos- issuing the permit mentioned in
session and transportation of gun this section to require the payment
powder in the city are police regu as a license fee of a reasonable sum
lations in prevention of a nuisance. for defraying the expense attend-
Foote v. Fire Dept., 5 Hill, 99. See ing the issuing and recording of
Cathcart v. Fire Dept., 26 N. Y. 529. the license. The Mayor v. Miller,
(6) The board have power upon . 12 Daly, 496.
Fireworks and explosive compounds; manufacture and sale thereof.
§ 764. No fireworks, detonating works, cartridge, powder train,
percussion caps, collodion, nitrate of soda, nitrate of silver, ether,
phosphorous, matches, or explosive compounds shall hereafter be
manufactured, stored, or kept upon sale in the city, except at such
$$ 764, 765] STORAGE AND SALE OF PETROLEUM, ETC.
359
places, in such manner, and in such quantities as shall be determined
by the said commissioner in the exercise of his discretion, under
a permit by him granted therefor, and subject to be revoked at any
time by said commissioner. Fireworks, consisting of Chinese crack-
ers, rockets, blue lights, candles, colored pots, lance wheels, and
other works of brilliant-colored fires may be kept upon sale inter-
vening the tenth day of June and the tenth day of July, in each year,
by retail dealers, under such reasonable regulations as said commis-
sioner may prescribe, under a permit issued therefor. No quantity
of the following-named chemicals, acids, and combustible materials,
greater than is hereinafter enumerated, shall be stored or kept in or
upon any one building within the city, namely: Sulphur, one thou-
sand pounds; manufactured matches, five hundred pounds; saltpetre,
nitrate of soda, five hundred pounds in the whole; nitrate of silver,
collodion, ether, phosphorous, fifty pounds in the whole; aqua fortis,
muriatic acid, nitric acid, and sulphuric acid, not exceeding one
thousand pounds in the whole; tar, pitch, rosin, turpentine, one
hundred barrels in the whole, except the same shall be stored and
kept in such building and manner as said commissioner may require,
under a special permit by him issued therefor.
L. 1882, ch. 410, $ 456.
Petroleum and coal oils, etc.; sale thereof.
$ 765. No person shall have, keep on sale, or store in any place or
building within the corporate limits of the city, any crude petroleum,
coal or any similar oil, nor any of their products, either of which
shall emit an inflammable vapor at a temperature below one hundred
degrees of Fahrenheit, except under the following provisions; they
or any of their products may be stored in detached and properly
ventilated warehouses, the outer walls of which shall be stone, brick
of iron, especially adapted for the purpose by having raised sills, at
least two feet high, or the ground floor of which shall be at least
two feet below the level of the street or adjoining yard, or so con-,
structed as to actually prevent the overflow of such substances
beyond the premises where the same may be kept stored. Said
Warehouses shall not be occupied in any part as a dwelling; and if
less than fifty feet from any adjacent dwelling the same must be
separated by a brick or stone wall at least ten feet in height and
Sixteen inches thick, constructed in such manner as said commis-
sioner may prescribe, but the same may be stored in such other
manner as said commissioner may designate under a special permit
issued therefor. No refined petroleum, kerosene, coal or similar oil,
or earth or rock oil, or machinery oil, or any product thereof to be
360
[$ 765
STORAGE AND SALE OF PETROLEUM, ETC.
used for illuminating or heating purposes which shall emit an
inflammable vapor at a temperature below one hundred degrees
Fahrenheit, shall be kept upon sale or stored within the corporate
limits of the city. All said articles shall be tested and their quality
dtermined by sanitary surveyors authorized by said commissioner,
using G. Tagliabue's instruments, or such other instruments as may
be designated by said commissioner, the barrels or packages con-
taining the same to be legibly stamped or marked with said
inspector's official stamp or mark. No refined petroleum, kerosene,
gasoline, naphtha or benzine, benzole,camphene, or burning fluid, or
products or compounds containing any of said substances, when
temporarily placed above the cellar or basement of any building,
and in barrels of not over forty-five gallons each, or in metallic ves-
sels or tanks, shall exceed in the whole quantity the contents of fifty
of said barrels; provided, however, that the whole quantity of said
refined oils that may be so kept or stored over night shall not exceed
the contents of ten of said barrels, unless stored in the manner pro-
vided for storing crude petroleum; and when stored in cellars or
basements, surrounded by walls of brick or stone, and at least two
feet below the level or grade of the sidewalk, street or land adjacent,
the whole quantity shall not exceed the contents of one hundred and
fifty barrels, unless stored in warehouses specially adapted for that
purpose, as required for the storage of crude petroleum under this
section; provided, also, that no quantity of said oils greater than one
barrel shall be stored or kept in any building occupied in any part
thereof as a dwelling. No refined petroleum, kerosene, gasoline,
naphtha, benzine, benzole,' camphene, burning fluid or products or
compounds containing any of said substances, shall be kept or stored
on or above the first story or floor of any building, exceeding in
the whole quantity the contents of five barrels, of forty gallons
each. In no case shall any of the articles named in this section be
allowed to remain on the sidewalk beyond the front line of any
building, or in or upon the streets, docks, piers, bulkheads, slips,
highways or public places a longer time than is actually necessary
for the removal or loading of the same, and said commissioner
may establish and enforce general regulations and issue such
orders and special directions relative to the handling; lightering,
carting, loading and transportation of the several articles named.
under this section as in his discretion shall be deemed necessary
for the public protection, and said commissioner may issue special
permits authorizing the keeping of any of the articles enumerated
under this section in buildings, tanks or structures fire-proof
88 766, 767] CRIMINAL LIABILITY FOR DEATH.
361
throughout, in such quantities, in such manner, and subject to
such regulations, as shall tend to secure the same against danger.
L. 1882, ch. 410, $ 457.
See Fire Dept. v. Gilmour, cited under $ 771, post.
Id.; continued.
§ 766. No person shall sell at retail or give away any kerosene,
or other product of petroleum, or any similar oil to be used for
heating or illuminating purposes, without first obtaining a license
therefor from the fire commissioner, under such rules and regula-
tions as he may prescribe, which license shall be for the term of
one year and shall not be transferable, and for every such license
and for every renewal of the same the said commissioner shall
demand and receive the sum of ten dollars. Said licenses shall be
posted in a conspicuous place in the store of the person or persons
to whom the same is issued and may be revoked for cause by said
commissioner. Any person who shall sell any of the compounds
above mentioned in this or the last section, without first obtaining
a license therefor, shall forfeit and pay the sum of twenty-five dol-
lars. But licenses for this purpose may be granted in the bor-
oughs of Queens and Richmond without the payment of the license
fee in this section prescribed.
Criminal liability if death results from violation of foregoing rules.
§ 767. In case any person is burned by the explosion of any
compound, the sale of which is prohibited by any section of this
title, or which has not been subjected to sanitary survey, or licensed
as therein provided, and death ensues therefrom, the person found
guilty of selling the same shall be deemed guilty of a felony, and,
lipon conviction, shall be punished by a fine of not less than one
thousand dollars, nor more than five thousand dollars, or by
imprisonment in the state prison for a term not less than one year
nor more than five years; and in case of a bodily injury the party
injured may maintain an action for damages. against the party vio-
lating the provisions of this title. Any dealer who shall present
and deliver for sanitary survey a sample of oil different from, and
Which does not represent the quality of oil actually kept by him or
her for sale, and not taken from the actual stock being offered for
sale, and of the same quality therewith, shall forfeit and pay the
Sum of fifty dollars. If any fire insurance company, organized
under the laws of this state, or any insurance company of any other
state, or any foreign insurance company authorized to do the busi-
ness of insurance in this state, shall endorse upon any policy issued
362
FIRE AND LIGHTS ON SHIPS, ETC. [88 767–769
by them the right or privilege to keep, deal in, give away, sell, or
use any article or compound of a combustible or explosive char-
acter, the sale of which is made unlawful by any act of the legis-
lature of this state, or sliall cause or permit such indorsement to be
made by others upon their policies of insurance, they shall for each
and every such offense forfeit and pay a fine of five hundred dollars.
L. 1882, ch. 410, $ 459.
Fires and lights on vessels transporting petroleum.
§ 768. It shall be unlawful for the owner, or for any of the offi-
cers, employes, or crew of any ship, vessel, canal boat, barge,
lighter, boat, or other craft lying at or within one hundred and
fifty feet of any warehouse, yard, shed, dock, pier, bulkhead, wharf,
or other place within The City of New York, at, in, or on which
petroleum oil, or any of its products, is stored, or kept for export,
or in quantities exceeding ten thousand gallons; or, for any other
person or persons, to bring, keep; have, or use, or suffer or permit
to be brought, kept, had, or used on board of any such ship, ves-
sel, canal boat, barge, lighter, boat, or other craft, or at, in, or on any
such warehouse, shed, yard, dock, pier, bulkhead, wharf, or other
place, any lighted match, or lighted cigar, cigarette, or pipe, or
any fire or light of any kind, without, or otherwise than in strict
conformity with, the written permission of the owner, lessee, or
superintendent of such warehouse, shed, yard, dock, pier, bulkhead,
vharf, or other place, specifying the fire or light to be kept, had, or
used, the particular purpose for, and the place or spot at which the
same may be so kept, had, or used, and the particular manner of
keeping, having, or using the same. This section shall not apply
to steam tugs while transacting their ordinary business, nor to
steam fire engines engaged in extinguishing fires. Every viola-
tion of this section shall be a misdemeanor, triable before the court
of special sessions.
L. 1882, ch. 410, $ 460.
See Fire Dept. v. Gilmour, cited under 771, post.
Storage of certain chemicals regulated.
§ 769. Except upon the approval of the fire commissioner, no
quantity of the following named chemicals and combustible mate-
rials greater than is hereinafter enumerated shall be stored or kept
in or upon any one building within the city, namely: Hemp or
flax, unbaled, two thousand pounds in the whole; varnish, rosin,
twenty barrels in the whole; alcohol, pure spirits, camphene, burn-
ing fluid, five barrels in the whole; unslacked lime, ten barrels;
$8 770, 771] STORAGE OF VEGETABLE PRODUCTS.
363
vitriol, five carboys in the whole; loose wood shaving, one hundred
pounds; except the same shall be stored and kept upon an open
space of ground, surrounded by a wall constructed entirely of fire-
proof materials, at least twelve feet high and twelve inches thick;
or within a fire-proof building remote or distant at least fifty feet
from any adjacent building.
L. 1882, ch. 410, $ 461.
See Fire Dept. v. Gilmour, cited under § 771, post.
Id.; of certain vegetable products.
§ 770. No quantity of cotton, hay, straw, flax, hemp, husks,
rushes, oakum, rags, seaweed, jute, or other vegetable fibre when
pressed or baled, greater than twenty tons in the whole, shall be
stored or kept in any building within The City of New York, unless
kept in a building fire-proof throughout, or upon an open space of
ground surrounded by a wall constructed entirely of fire-proof
materials, at least twelve feet high, and twelve inches thick, or
within a fire-proof building, remote or distant at least fifty feet
from any adjacent building, or in a building approved by the New
York board of underwriters or the fire commissioner, and of which
approval a certificate shall have been issued by said board or com-
missioner, and shall not have been revoked; and none of the arti-
cles enumerated in this section, when loose or not baled, shall be
kept as aforesaid in quantity exceeding one thousand pounds in
the whole; excepting in a private stable, in which may be kept
such loose hay and straw in quantity not exceeding twenty-five
hundred pounds in the whole, except upon the approval of the fire
commissioner. No person shall have, put, or keep any hay or
straw uncovered in any stack or pile, or in any other way exposed,
within one hundred yards of any building in said city, or shall
have, put or keep within said city any hay, straw, hemp, flax, shav-
ings, or rushes in any building not built of stone, or brick, or iron,
or covered with tile or slate, or other fire-proof material, which is
or shall be within ten feet of any dwelling-house or chimney
whatsoever except upon like approval.
L. 1882, ch. 410, $ 462.
See Fire Dept. v. Gilmour, cited under $ 771, post.
Kight to enter buildings, etc., for purposes of examination.
8771. The commissioner and his officers or agents, under the
direction of the commissioner, or either of them, are herehv empow-
led at any and all times to enter into and examine all buildings,
uwelling-houses, livery and other stables, hay boats, or vessels, and
364
[8 771
RIGHT TO EXAMINE BUILDINGS.
places where any merchandise, gunpowder, hemp, flax, tow, hay,
rushes, firewood, boards, shingles, shavings, or other combustible
materials may be lodged, for the purpose of ascertaining all viola-
tions of any of the provisions of this title, and also the places where
ashes may be deposited, and upon finding that any of them are
defective or dangerous, or that a violation of this title exists therein,
may deliver a written or printed notice, containing an extract from
this title, of the provisions in reference thereto, and notice of any
violation thereof, and notice to remove, amend, or secure the same
within a period to be fixed therein. And in case of neglect or
refusal on the part of such occupant or of the possessor of such com-
bustible materials, or any of them, so to remove, amend, or secure
the same within the time and in the manner directed by the said
commissioner in such notice, the party offending shall forfeit and
pay, in addition to any penalty otherwise imposed, the sum of
twenty-five dollars, and the further sum of five dollars for every
day's neglect to remove, amend, or secure the same after being so
notified. All the expenses of any removal, alteration or amend-
înent as aforesaid, shall be paid in the first instance by the occupant,
but shall be chargeable against the owner of such dwelling house
or other building, and shall be deducted from the rent of the same,
unless such expense be rendered necessary by the act or default of
such occupant, or unless there be a special agreement to the con-
trary between the parties.
L. 1882, ch. 410, 8 463.
(a) Where the legislature, in the
exercise of the police power, enacts
a regulation defining the duty of
citizens, either in respect to their
personal conduct or the use of their
property, the reasonableness of the
thing enjoined or prohibited is not
an open question, because the su
preme legislative power has deter-
mined it by enacting the rule. But
where the legislature enacts no
general rule of conduct, but invests
a subordinate board with the
power to investigate and determine
the fact whether in any special case
any use is made of property for
purposes of storage, dangerous on
account of its liability to originate
or extend a conflagration, not pre-
scribing the uses which it permits
or disallows, then the reasonable
ness of the determination of the
board or of the order prohibiting a
particular use in accordance with
such determination, is open to con-
testation by the party affected
thereby, and he is entitled, when
sued for a disobedience of the or-
der, to show that it was unreason-
able, unnecessary, and oppressive.
1896, Fire Department of N. Y. v.
Gilmour, 149 N. Y. 453; affi'g 4
Misc. 202.
(6) It is not essential to the val-
idity of an order of the commis.
sioners of the fire department' of
the city of New York for the secur-
ing or removal of combustibles on
private premises, that the person
affected thereby should have been
notified of the precedent investiga
tion of his premises by the agents
of the fire commissioners, or that
he should have been afforded :
opportunity to be heard before,
order was made. Fire Dept. of
Y. v. Gilmour, supra.
the
98 772, 773]
FINES AND PENALTIES.
365
Information to be furnished by holders of permits.
§ 772. All persons or corporations who shall be required to have
and obtain permits shall furnish such information as may be
required, touching the condition of any building and the business
therein proposed to be conducted, preliminary to obtaining such
permits.
L. 1882, ch. 410, $ 464.
Fines and penalties.
$ 773. Any person, persons, or corporations, for the violation of,
or non-compliance with, any of the several provisions of the sev-
eral sections of this title, when the penalty is not therein specially
provided, shall severally forfeit and pay a fine or penalty in the
sum of fifty dollars for each and every offense, or shall forfeit and
pay the penalties respectively imposed under any of said sections,
and shall also be severally liable for any costs or expenses that may
be incurred by any violation of, or noncompliance with, any require-
ment under said sections, and shall also be severally liable for the
payment of the further penalty of the sum of fifty dollars for any
violation of, or noncompliance with, any regulation, order or special
direction issued by said commissioner, or for failure to attend and
testify as required by any subpoena issued, as authorized under this
chapter. Said commissioner may, in his discretion, pay a portion
of a fine, or penalty, when collected, not to exceed one-half thereof,
to any person giving information of any such violation. All suits
and proceedings authorized by this title, or to recover any penalty
for the violation of or failure to comply with any law or any rule,
,regulation, order or requirement of, or made pursuant to the pro-
visions of any law, the enforcement of which is charged upon said
department or any of the several bureaus thereof, shall be brought
by and in the name of the fire commissioner of The City of New
· York, but no fees or costs shall be demanded of said department in
any such suit or proceeding. Any person who shall wilfully violate,
or neglect or refuse to comply with any provision or requirement
Oi this title, or any regulation, order or special direction duly made
thereunder, shall also be guilty of a misdemeanor.
L. 1882, chi 410,8 465.
366
[$ 779
INVESTIGATION OF FIRES.
TITLE 4.
FIRE MARSHALS AND INVESTIGATION OF ORIGIN OF FIRES.
Sec. 1779. Investigation of fires, etc.
780. Fire marshals may enter buildings to examine them.
781. Id.; to trace the cause of fires; arrest of suspected persons.
782. Id.; may compel attendance of witnesses.
783. Id.; commissioner may supervise investigations by.
Investigation of fires, etc.
$ 779. The fire commissioner is hereby authorized to appoint and
remove a fire marshal for the boroughs of Manhattan, The Bronx
and Richmond, and a fire marshal to be seated in Brooklyn and to
exercise his powers within the boroughs of Brooklyn and Queens.
Said fire marshals shall, within such boroughs, respectively, to which
they may be assigned, have and possess all the powers heretofore
conferred by law upon the fire marshal of the corporation heretofore
known as the mayor, aldermen and commonalty of The City of New
York. The salary of each of said fire marshals shall be three thou-
sand dollars a year. The fire commissioner, himself or by said
marshals, is hereby authorized and empowered to investigate, exami-
ine and inquire into the origin, details and manageinent of fires in
the city, and also of any supposed cases of violations of any of the
provisions of this chapter, or of any of the several regulations,
orders or special directions issued by the fire commissioner for the
purpose of the discovery of any delinquency in the non-performance
of duty or violation of discipline on the part of any officer, agent of
employe of said fire department, or any supposed cases of arson or
incendiarism, which may be brought to his notice; and said fire
commissioner in and about any examination, investigation or
inquiry before him or his marshals, touching any matter or thing
therewith connected, may subpoena and compel the attendance of
any person or persons, and the production of any books, papers,
archives or documents in his or their possession, or under his of
their control, in the judgment of the fire commissioner connected
with and necessary to such examination, investigation or inquiry,
before him or his marshals, at the time and place therein named;
and for the purpose aforesaid, the corporation counsel may, at any
time, obtain to be issued subpænas out of the supreme court,
attested under the name of a justice of said court, in like form and
with like effect as though issued by said justice in any action pend-
ing in a court of record, and said subpæna may be served, and prool
of such service may be made, in the same manner as now by law
$$ 779, 780] FIRE MARSHALS MAY ENTER BUILDINGS.
367
provided for the service of subpenas out of said court; and upon
proof of service and proof of non-compliance, failure to attend and
testify on the part of any person or persons, as required by said sub-
pæna, or failure or refusal on the part of any person or persons to
produce any such books, papers, archives or documents, in his or
their possession, or under his or their control, or a failure or refusal
on his or their part to answer any question put to him'or them, and
pertinent thereto, upon any examination, inquiry, or investigation
as aforesaid, application may be made before any justice of said
court, who shall, in case he shall decide such question pertinent and
proper to be answered, thereupon cause to be arrested, and may
punish as for a contempt of the orders of said court, the person or
persons named in said subpæna, and in such case the laws, rules,
and proceedings relating to punishment for contempts, and usual in
said court, or before any justice thereof, shall be applicable thereto.
Said commissioner and fire marshals, in conducting any examina-
tion or inquiry as aforesaid, are hereby authorized to administer
any oath or affirmation in the matter, and any false swearing under
said oath or affirmation thus administered shall be perjury, and pun-
ishable as such in such manner as now provided under the laws
applicable thereto; and said exanination or investigation may be
continued and adjourned by the said commissioner or fire marshal
conducting the same, from time to time, and at such time and place
as shall be designated, and any person subpoenaed as aforesaid shall
attend and testify upon said adjourned day or days, and at the time
and place designated, and of which they shall have been notified, as
though the same had been named in said subpæna, and with like
effect as to any failure to appear and answer under the requirements
therein contained; provided, that any testimony or evidence taken
as aforesaid shall be for the information and instruction of said fire
commissioner in the discharge of his duties, and in the prevention
of future fires, and the protection of property, and shall be carefully
kept in the archives and possession of said fire department, and shall
in no manner be used in any criminal proceeding or action, but may
be placed before any grand jury in said City of New York. Such
investigations in relation to the subject matter hereinabove defined
within the boroughs of Brooklyn and Queens, shall be carried on
by the deputy commissioner and fire marshal seated in the borough
ol Brooklyn, under the direction of said fire commissioner.
| L. 1882, ch. 410, $ 466.
wire marshals may enter buildings to examine them.
8780. It shall be the duty of a marshal or his officers and agents,
When authorized by him in writing so to do, to enter into any build-
368
[SB 780, 781
1
FIRE MARSHAL T
TO EXAMINE.
ing or premises within said city for the purpose of examining, or
causing to be examined, the stoves and pipes thereto, ranges, fur-
naces and heating apparatus of every kind whatsoever, including
the chimneys, flues, and pipes with which the same may be con-
nected, engine-rooms, boilers, ovens, kettles, and also all chemical
apparatus or other things which in his opinion may be dangerous
in causing or pronioting fires, or dangerous to the fire-
men or occupants in case of fire; and upon finding any
of them defective or dangerous, or in any manner exposed
or liable to fire from any cause, he shall report the same
to the commissioner, who may thereupon issue orders or spe-
cial directions, either printed or written, directing the owner or
occupant to alter, remove, or remedy the same in such manner and
within such reasonable time as may be necessary, and in respect
thereto may authorize and direct the use of such materials and
appliances as shall be deemed proper and necessary; and in case of
neglect or refusal so to do within the time prescribed by such
orders or directions, such fire marshal, under the direction of said
commissioner, shall cause said alteration, removal or other neces-
sary act or work to be done and the expense thereof shall be
charged to the party so offending, to be sued for and recovered in
the manner herein provided for the recovery of fines and penalties
under this chapter.
| L. 1882, ch. 410, 8 467.
Id.; to trace the cause of fires; arrest of suspected persons.
$ 781. It shall be the duty of a fire marshal to examine into the
cause, circumstances, and origin of fires occurring in said city, by
which any building, vessels, vehicles, or any valuable personal
property shall be accidentally or unlawfully burned, destroyed, lost
or damaged, wholly or partially; and to especially inquire and
examine whether the fire was the result of carelessness or the act
of an incendiary. Such fire marshal shall take the testimony, on
cath, of all persons supposed to be cognizant of any fact or to have
means of knowledge in relation to the matters herein required to
be examined and inquired into, and cause the same to be reduced
to writing, verified and transmitted to the fire commissioner with
his report in writing, embodying his opinion and conclusions in
relation to the matter investigated. Such fire marshal shall report
in writing to the fire department, to the police department, to the
district attorney, to the New York board of fire underwriters, to
the owners of property, or other persons interested in the subject
matter of investigation, any facts and circumstances which he may
88 781, 782] ATTENDANCE OF WITNESSES.
369
have ascertained by such inquiries and investigations which shall,
in his opinion, require attention from or by either of said depart-
ments, officers or persons; and it shall be the duty of such fire
marshal, whenever he shall be of opinion that there is evidence
sufficient to charge any person with the crime of arson, to cause
such person to be arrested and charged with such offense, and
furnish to the district attorney all the evidences of guilt, with the
names of witnesses, and all the information obtained by him,
including a copy of all pertinent and material testimony taken in
the case; and he shall specially report to the fire commissioner, as
often as such commissioner shall require, his proceedings, and the
progress made in all prosecutions for arson, and the result of all
cases which are finally disposed of.
L. 1882, ch. 410, $ 468.
(a) The fire marshal has all the
power concerning investigations as
to the origin of fires in the city
conferred upon the superintendent
of police by L. 1852, ch. 332, § 1,
am'd L. 1857, ch. 569, $ 37, and also
the authority conferred upon the
metropolitan fire marshal by L.
1868, ch. 563. Harris v. The People,
64 N. Y. 148.
Id.; may compel attendance of witnesses.
§ 782. A fire marshal shall have power to issue a notice in the
nature of a subpoena, in such form, and subscribed in such manner
as the fire commissioner shall prescribe, to compel the attendance
of any person as a witness before him, to testify in relation to any
matter which is, by the provisions of this title, a subject of inquiry
and investigation by the said marshal. The said marshal shall
be, and is hereby authorized to administer and verify oaths and
affirmations to persons appearing as witnesses before him; and
false swearing in any matter or proceeding aforesaid shall be
deemed perjury and shall be punishable as such. Upon the presen-
tation of satisfactory proof of due service of any such notice in the
nature of a subpæna, lipon any such witness, and of a failure by
such witness to obey the same, it shall be the duty of the fire com-
missioner to make an order that the said witness be arrested and
brought before said marshal, to testify what such witness may
Know in relation to the subject-matter of inquiry. Such order may
1'e executed by any member of the police force, by arresting and
liringing such witness before the said marshal, but such witness
shall not be detained longer than is necessary to take such testi-
mony. The fire marshals shall have authority at all times of the
day or night, in performance of the duties imposed by the provis-
Vals of this title, to enter upon and examine any building or prem-
24
370
FIRE DEPARTMENT RELIEF FUND. [SS 783, 780
ises, when any fire shall have occurred, and the buildings ang
premises adjoining and near to that in which the fire occurred.
| L. 1882, ch. 410, $ 469.
Id.; commissioner may supervise investigations by.
$ 783. It shall be the duty of the fire commissioner to supervise
and direct, whenever he shall be of opinion that the public interest
will be subserved thereby, the investigations, examinations, and
proceedings of said marshals, and make all needful and proper
rules and regulations in relation to the duties of the office, and the
manner of performing the same.
| L. 1882, ch. 410, $ 470.
TITLE 5.
RELIEF FUND AND PENSIONS.
Sec. 789. Of what fund consists; officers and investment.
790. Retiring members of fire department; pensions, etc.
791. Trustee of relief fund; when to pay pensions.
792. Life insurance fund.
Of what fund consists; officers and investment.
$ 789. The New York fire department relief fund shall consist of:
1. The capital, interest, income, dividends, cash deposits, securi-
ties and credits formerly or now belonging to said funds in any of
the municipal and public corporations, or parts thereof, hereby
consolidated into The City of New York.
2. All forfeitures and fines imposed by the fire commissioner,
from time to time, upon any member or members of the fire
department force by way of discipline.
3. All rewards, in money, fees, gifts, testimonials and emolu-
ments that may be paid or given for account of extraordinary ser-
vices by any member of the fire department force, except such as
have been or shall be allowed by the fire commissioner, to be
retained by said member or members, and such as have been of
shall be given to endow a medal or other permanent or competitive
reward.
4. All proceeds of suits for penalties, under title three of this
chapter, and all license fees payable under the same.
5. All proceeds of sales of condemned horses and other personal
property in use by said department.
6. All moneys, pay, compensation or salary, or any part the
forfeited, deducted or withheld from any member or members of
· the fire department force, for or on account of absence from duty,
$ 789] FIRE DEPARTMENT RELIEF FUND.
371
to be paid monthly to the treasurer of the said relief fund, by the
comptroller of The City of New York, and the fire commissioner
is authorized and empowered, in his discretion, to deduct and with-
hold pay, salary or compensation from any member or members
of said force, for or on account of absence from duty, except when
such absence shall be caused by sickness or disability, for which
leave of absence shall have been granted, in accordance with the
rules of said department.
7. Ten per centum annually of all excise moneys or license fees
belonging to The City of New York, as constituted by this act, and
derived or received by any commissioner of excise or public officer,
from the granting of licenses, or permission to sell strong or spirit-
ous liquors, ale, wine or beer, in The City of New York, under the
provisions of any law of this state authorizing the granting of any
such licenses or permission; the said ten per centum thereof to be
paid quarterly by the comptroller of said city, who is hereby author-
ized and required to pay the same to the treasurer of the said relief
fund, for the benefit thereof, without any action or authority of or
from the board of estimate and apportionment, such sum to amount
in each and every year to not more than one hundred and fifty
thousand dollars. The commissioner of the fire department of The
City of New York is hereby constituted and declared to be the
trustee of the New York fire department relief fund, shall receive
wil moneys applicable to the same and deposit the same, as such
trustee, to the credit of such relief fund, in banks or trust com-
panies to be selected by him, and continue to receive and deposit
the funds applicable to the same, as received, to the credit of said
fund, or to invest the same in bond and mortgage on improved
property worth twice the amount loaned, or in public stocks, as
said trustee may deem most advantageous for the object of such
fund, and said trustee is empowered to make all necessary con-
tracts, and to take all necessary remedies in the premises. The
treasurer of said fund shall give a bond, with one or more sureties,
in the sum of twenty thousand dollars, for the faithful performance
of his duties, said bond to be approved by the comptroller and filed
in his office. And the said trustee for and on behalf of the uses
and purposes of said fund, shall be entitled to receive, and there
shall be paid to him all duties, taxes, allowances, fines, penalties
and fees to which the fire department of the city of New York, as
at any time heretofore established, has been or is now entitled,
except as in this act otherwise specially provided, and the said
trustee may take, by gift, grant, devise or bequest, any money, real
or personal property, right of property for other valuable thing, the
372
PENSIONS FOR RETIRED FIREMEN. [S$ 789, 790
annual income of which shall not exceed thirty thousand dollars in
the whole; and in any year, when the condition of the said relief
fund shall render it, in the judgment of the said trustee, necessary,
he may receive from the board of estimate and apportionment of
The City of New York, a sum not exceeding ten thousand dollars,
to be included in the annual estimate of the fire commissioner and
drawn and collected by him in like manner as the other moneys
applicable to his expenses; and such amounts so obtained shall, in
like manner, be paid to and applied by the treasurer to the uses of
said fund, by deposit or investment as hereinbefore provided, as
the trustee thereof shall direct; provided, that the sum of two hun-
dred thousand dollars, which may be received and accumulated
under the provisions of this title, shall be reserved and retained as
a permanent fund, the annual income of which may be made
available for the uses and purposes of said relief fund.
L. 1882, ch. 410, $ 518; L. 1896, ch. 889. See $8 760-773, ante.
Retiring members of fire department; pensions, etc.
§ 790. The fire commissioner shall have the power to retire from
all service in the said fire department, or to relieve from service
at fires, any officer or member of the uniformed force of said depart-
ment, who may, upon an examination by the medical officers,
ordered by the said fire commissioner, be found to be disqualified,
physically or mentally, for the performance of his duties; and the
said officer or member so retired from service shall receive from
said relief fund an annual allowance as pension in case of total
disqualification for service, or as compensation for limited service
in case of partial disability; in every case, the said fire commis-
sioner is to determine the circumstances thereof, and said pension
or allowance so allowed is to be in lieu of any salary received by
suich officer or member at the date of his being so relieved or retired
from fire duty in said department, and the said department shall
not be held liable for the payment of any claim or demand for serv-
ices thereafter rendered, and the amount of such pension or allow-
ance shall be determined upon the following conditions: In case
of total permanent disability, at any time, caused in or induced
by the actual performance of the duties of his position, or which
inay occur after ten years' active and continuous service in the
said fire department, the amount of annual pension to be allowed
shall be one-half of the annual compensation allowed such officer
or member as salary at the date of his retirement from the service,
or such less sum in proportion to the number of officers and mem-
bers so retired as the condition of the fund will warrant. But
$ 790] PENSIONS FOR RETIRED FIREMEN.
373
7
should permanent disability caused by injuries received in the
active discharge of his duties disqualify him only from performing
active duty in the uniformed force, he shall be employed at the
salary received when such disability occurred in some position in
the department not requiring active service as a fireman. In case
of total permanent disability not caused in or induced by the actual
performance of the duties of his position, or which shall have
occurred before the expiration of ten years' active and continuous
service in the said fire department, the amount of annual pension to
be allowed shall be one-third of the annual compensation allowed
such officer or member as salary at the date of his retirement from
the service, or in proportion to the number of officers and members
so retired, as the condition of the fund will warrant. In case of
partial permanent disability, caused in or induced by the actual
performance of the duties of his position, or which may occur after
ten years' active and continuous service in the said fire department,
the officer or member so disabled shall be relieved from active
service at fires, but shall remain a member of the uniformed forcé,
subject to the rules governing said force, and to the performance
of such light duties as the medical officer of the said fire depart-
ment may certify him to be qualified to perform; and the annual
allowance to be paid such member or officer shall be one-half of the
annual compensation allowed as salary at the date of his being so
relieved, or such less sum, in proportion to the number of officers
and members so retired, as the condition of the fund will warrant.
In case of partial permanent disability, not caused or induced by
the actual performance of the duties of his position, or which may
occur before ten years' active and continuous service in the said
fire department, the officer or member so disabled shall be relieved
from active service at fires, but shall remain a member of the uni-
formed force, subject to the rules governing said force and to the
performance of such light duties as the medical officer of said
department may certify him to be qualified to perform, and the
annual allowance to be paid such officer or member shall not exceed
one-third of the annual compensation allowed as salary at the date
of his being so relieved, or such less sum as the fire commissioner
may, in his discretion, determine, or as the condition of the fund
will warrant. Any officer or member of the uniformed force of the
said fire department of The City of New York, who has or shall
have performed duty therein for a period of twenty years or
lipwards, shall upon his own application in writing, or upon a certifi-
Cate of the board of medical officers showing that such member is
permanently disabled, physically or mentally, so as to be unfit for
374
r$$ 790, 791
PAYMENTS FROM RELIEF FUND.
duty, be retired and dismissed from said force and service, and
placed on the roll of the relief or pension fund, and awarded and -
granted, to be paid from the said relief or pension fund, an annual
pension during his lifetime of a sum not less than one-half the full
salary or compensation of such member so retired. The pensions
granted under this section shall be for the natural life of the pen-
sioner, and shall not be revoked, repealed or diminished; provided,
however, that no member of either of the uniformed fire depart-
ments by this act consolidated, having a right to retire on pension at
the time this act takes effect, shall be deprived of such right by
reason of his remaining a member of said fire department, or of
anything in this act contained.
L. 1882, ch. 410, § 519; L. 1894, ch. 73. See cases cited under $ 355, ante.
Trustee of relief fund; when to pay pensions.
$ 791. The trustee of the relief fund is authorized and empowered,
from time to time, to pay a pension out of said relief fund to the
widow, child or children or dependent parent or parents of any
deceased officer or member of the uniformed force of the said fire
department, if the death of such officer or member occur during
his service in the said uniformed force, or after he was retired from
service in said uniformed force; provided, that the amount of any
such pension to be paid by the said trustee to each of the several
representatives of such officer or member as aforesaid (in case there
shall be more than one), may be, from time to time, determined by
the said trustee according to the circumstances of each case, and
that such pension may be ordered to cease and terminate at any
time if, in the opinion of the trustee, the circumstances should war-
rant the same; and further provided, that not more than three hun-
dred dollars shall be paid in any one year to the representative or
representatives of such officer or member, and that no part of such
sum shall be paid to any such widow who shall marry again, after
her remarriage, or to any child after it shall have reached the age
of sixteen years. In case any officer or member of the uniformed
force of said department is hereafter killed while actually engaged in
the performance of duty, or if death ensues as the immediate effect
of injuries so received the trustee of said relief fund shall have the
power to award to the widow of such officer or member an annual
allowance as a pension, to be paid out of the said relief fund, in an
amount not to exceed one-half of the salary or compensation of such
officer or member at the date of his decease. If such officer of
member dvin, leaves no widow surviving him, but leaves a child or
children, under the age of eighteen years, or dependent parent or
$$ 791, 792] FIRE DEPARTMENT LIFE INSURANCE FUND. 375
parents, the said trustee shall have the power to award to the legal
guardian of such child or children, or dependent parent or parents,
for its or their support and maintenance, an annual allowance out of
said relief fund, in amount not to exceed one-half of the salary or
allowance of such officer or member at the date of the decease.
The amount of such annual allowance to any such widow shall not
exceed the sum of one thousand dollars, and shall cease upon her
death or remarriage, or if she shall have been guilty of conduct
which, in the opinion of said trustee, renders further payment inex-
pedient. The annount of such annual allowance to any one such
child or dependent parent or parents, shall not exceed the sum of
five hundred dollars, and in every case such payment shall cease
upon the death or marriage of such child, or upon its reaching
the age of eighteen years. If such payment to the widow of any
such officer or member shall cease by reason of her death, remar-
riage or misconduct, the said trustee shall have power to make pay-
ments to the child or children or dependent parent or parents of such
officer or member, if any, as though he had died without leaving
a widow surviving him. The widows and orphans and retired
members of the Brooklyn fire department, or of any other fire
department of any of the municipal and public corporations or
parts thereof hereby consolidated, shall be entitled to receive
from the fire department pension fund herein created the amounts
which they would respectively have been legally entitled to
receive on the thirty-first day of December, eighteen hundred
and ninety-seven, from any fire department pension or relief fund
heretofore existing in any of said municipal corporations or parts
thereof.
L. 1882, ch. 410, 8 520; L. 1896, ch. 98.
Life insurance fund.
§ 792. The life insurance fund shall consist of all moneys that
are now to the credit of the New York fire department life insur-
arce fund, and the Brooklyn fire department widows' and orphans'
relief fund; and all persons who have paid into the said respective
funds, and who shall continue to pay into the life insurance fund,
shall receive the benefits of said fund as provided in this chapter.
There shall be deducted from the monthly pay of each officer and
fireman of said department, and from the monthly pension of
retired members of said department, and from the pay of such
other employes of said department as shall heretofore have availed
themselves of this provision, the monthly sum of one dollar, which
all be received and held by the treasurer of the relief fund, in the
like manner as the other moneys herein provided to be paid to
376
TAX ON FOREIGN INSURANCE COMPANIES. [SS 792,798
him, and which shall be known as the New York fire department
life insurance fund; and in case of the death of any member or
employe of said department in the service thereof, who has availed
himself of this provision, or of any pensioned or retired member
of said department, and so contributing, there shall be paid to the
widow, or, if there be no widow, then to the legal representatives
of such deceased member, or employe, or pensioned and retired
member, the sum of one thousand dollars out of the moneys so
assessed; and in case, by reason of the number of deaths, the
aggregate amount of money so provided to be assessed and col-
lected should prove inadequate to make such payment, then the
assessment may, in the discretion of said trustee, be increased to
noi exceeding the sum of two dollars in each month's pay, or each
month's pension of pensioned and retired members of said depart-
ment. None but members of the uniformed force shall hereafter
be eligible to membership in this fund. If, in any year, owing to
an excessive mortality in the uniformed force, the condition of said
life insurance fund shall render it, in the judgment of the said trus-
tee, necessary, a sum 11ot exceeding five thousand dollars may be
transferred and paid over from the said relief fund to the said life
insurance fund for the use and purpose of said life insurance fund.
L. 1882, ch. 410, $ 521.
LUI
TITLE 6.
TAX UPON FOREIGN INSURANCE COMPANIES.
Sec. 798. Corporations liable to taxation.
799. Moneys paid to department by insurance companies, etc.
800. Account of premiums by city agent.
801. Undertaking.
802. Id.; renewal of.
803. Id.; penalty for not executing.
804. Demand for accounts.
805. Place of business to be reported.
806. Suits for violations.
807. Arrest of defendant.
808. Tax on receipts of foreign fire insurance companies.
809. Tax on receipts of foreign fire insurance companies doing busi-
ness in the borough of Brooklyn.
810. Id.; in borough of Richmond.
Corporations liable to taxation.
§ 798. Any corporation or association created by or organized
under the laws of any government other than the states of this
Union, and having assets, funds, or capital, not less in amount than
one hundred and fifty thousand dollars, invested in this state, shall
SS 798–800] PAYMENTS BY FIRE INSURANCE AGENTS.
377
te liable to taxation upon such assets, funds or invested capital as
the same is levied or assessed yearly by law, which tax shall be paid
as follows: Such an amount thereof as would be equal to two per.
centum upon its gross premiums received for insurance upon prop-
erty, in The City of New York shall, except as otherwise in this
title provided, be paid annually to the fire commissioner as treas-
urer of the fire department, and the residue of said tax requisite to
make up the full amount of taxation upon its capital shall be paid
to The City of New York, as in the case of ordinary taxation;
and the payments so made as aforesaid shall exempt such corpo-
ration or association making the same from any and all further
taxation upon its premiums, capital or assets; and whenever such
capital shall be reduced below said sum of one hundred and fifty
thousand dollars, or withdrawn entirely, then, and in either event,
such corporation or association shall be liable to pay the tax upon
its premiums as heretofore provided in this title.
| L. 1882, ch. 410, $ 522.
(a) That this section is not in
violation of constitutional pro-
hibitions, see Fire Dept. v. Noble, 3
E. D. Smith, 440; Same v. Wright,
Id. 453; Trustees of Exempt Fire-
men's Fund v. Roome, 93 N. Y. 313;
affi'g 29 Hun, 391.
Moneys paid to department by insurance companies, etc.
§ 799. There shall be paid to the fire commissioner as treasurer
of the fire department, for the use and benefit of said fire depart-
ment, on the first day of February, in each year, by every person
who shall act in The City of New York, as agent for or on behalf
of any individual or association of individuals, not incorporated by
the laws of this state, to effect insurance against losses or injury by
fire in The City of New York, although such individuals or asso-
ciation may be incorporated for that purpose by any other state or
country, the sum of two dollars upon the hundred dollars, and at
that rate upon the amount of all premiums which during the year
ending on the next preceding first day of September, shall have
been received by such agent or person, or received by any other
person for him, or shall have been agreed to be paid for any insur-
ance against loss or injury by fire in the city effected, or agreed to
be effected, or promised by him as such agent.
| L. 1882, ch. 410, $ 523.
Account of premiums by city agent.
800. Every person who shall act in the city as agent as afore-
said shall, on the first day of February, in each year, render to the
378
[8S 801-803
· UNDERTAKINGS OF AGENTS.
fire commissioner as treasurer of the fire department a just and
true account, verified by his oath, of all such premiums which,
during the year ending on the first day of September preceding,
shall have been received by him, or by any person for him, or
which shall have been agreed to be paid for any such insurance
effected, or agreed to be effected, or promised by him.
L. 1882, ch. 410, 8 524.
Undertaking.
• § 801. No person shall, as agent or otherwise, effect or agree to
effect, or procure to be effected, any insurance upon which the duty
above mentioned is required to be paid, until he shall have executed
and delivered to the said fire commissioner as treasurer, an under-
taking, under seal, to the fire department, with such sureties as the
said treasurer shall approve that he will, on the first day of Febru-
ary in each year, render a just and true account, verified by his
oath, of all such premiums, which, during the year ending on the
first day of September preceding, shall have been received by him,
or by any person for him, or which shall have been agreed to be
paid for any such insurance effected, or agreed to be effected, or
promised by him, and that he will, on the first day of February in
each year, pay to the said fire commissioner as treasurer two dol-
lars upon every hundred dollars, and at that rate upon the amount
of such premiums.
L. 1882, ch. 410, $ 525.
Id.; renewal of.
$ 802. Whenever, by reason of the failure of the sureties or either
of them, or for any other cause, an undertaking given under the
last preceding section shall have or may be deemed insufficient by
the said fire commissioner as treasurer to secure a return of the
account and the payment of the duty aforesaid, or either of them,
the said coinmissioner as treasurer, at his election, but not oftener
than once in each year, may require such undertaking to be
renewed.
L. 1882, ch. 410, $ 526.
Id.; penalty for not executing.
$ 803. Every person who shall effect, agree to effect, promise of
procure any insurance mentioned in the preceding sections of this
title, without having executed and delivered the undertaking here-
inbefore required, shall, for each offense, forfeit one thousand dol-
lars, for the use of the said fire department; and every person who
88 803-806] DUTIES OF FIRE INSURANCE AGENTS.
379
shall have been required by the fire commissioner as treasurer to
renew his undertaking, pursuant to the last preceding section, who
shall effect, agree to effect, promise or procure any such insurance,
without having executed and delivered the renewed undertaking,
shall for each offense forfeit one thousand dollars, for the use of the
said fire department.
L. 1882, ch. 410, 8 527.
· Demand for accounts.
$ 804. It shall be lawful for the fire commissioner as treasurer
of the fire department, on or after the first day of February in each
year, by written or printed demand, signed by him, to require from
every person who shall act in the city as agent, as aforesaid, the
account provided for in this title, and payment of the duty provided
for; such demand may be delivered personally to such agent, or at
his office or place of business to any person having charge thereof,
or who shall, for ten days after such demand neglect to render the
account or to pay the duty demanded, or either of them, shall for-
feit fifty dollars, for the use of the said fire department; and he shall
also forfeit for their use twenty-five dollars in addition for every
day that he shall so neglect, after the expiration of said ten days,
and such additional penalty may be computed and recovered up to
the time of any suit for the recovery thereof.
| L. 1882, ch. 410, 8 528.
Place of business to be reported.
§ 805. Every person who shall act in the city as agent, as afore-
said, shall, on the first day of February in each year, or within ten
days thereafter, and as often in each year as he shall change his
place of business in the city, report in writing, under his proper
signature, to the comptroller of this state, and also to the fire com-
inissioner as treasurer of the said fire department, the street and
the number thereof in the said city, of his place of business as such
agent, designating in such report the individual or individuals and
association or associations for which he shall be such agent. And
in case of default in any of these particulars, such person shall for-
feit for every offense the sum of one thousand dollars, for the use
of the said fire department.
L. 1882, ch. 410, 8 529.
Suits for violations.
8806. The duty provided to be paid by this title, the damages
of any breach of the undertakings, or either of them, provided for
380
TAX ON FOREIGN FIRE INS. COMPANIES. [SS 807, 808
therein, and the recuniary penalties imposed therein, or any or
either of them, may be sued for and recovered, with costs of suit,
in any court of record within this state, by the fire commissioner,
for the use of said department.
L. 1882, ch. 410, $ 530.
Arrest of defendant.
$ 807. The defendant in any action to be brought for the recovery
of any penalty incurred, or any duty or sum of money payable under
this title, may be arrested, if he is not a resident of this state, or is
about to remove therefrom. An order for the arrest of the defend-
ant must be obtained from a judge of the court in which the action
is brought, or from a county judge. The order shall be made when
it shall appear to the judge, by affidavit, that a sufficient cause of
action exists under this title, and that the defendant is not a resi-
dent of this state, or is about to remove therefrom.
L. 1882, ch. 410, $ 531.
Tax on receipts of foreiga fire insurance companies.
$ 808. The corporation known as “The Trustees of the Exempt
Firemen's Benevolent Fund of The City of New York,” shall be
entitled to collect, and there shall be paid to it until the seventeenth
day of January, nineteen hundred and seven, the percentage or tax
on the receipts of the foreign fire insurance companies doing busi-
ness in The City of New York, as heretofore constituted, as pro-
vided by this title, except as to business done by said foreign fire
insurance companies in that part or portion of said city, known and
designated as the twenty-third and twenty-fourth wards, and all
returns and undertakings required by this title, except as to such
business in the said twenty-third and twenty-fourth wards, shall
during such period, be made to the treasurer of the trustees of such
corporation. The trustees of the exempt firemen's benevolent fund,
of The City of New York, shall render to the fire commissioner of
The City of New York and to the treasurer of the Firemen's Asso-
ciation of the state of New York, quarterly, in each year, a stvor?
statement in detail of the amounts collected and received, and from
whom and from what source, on account of said tax, during eaci!
quarter; and shall, at the same time, pay over to the said fire coll
missioner, as treasurer, forty-five per centum of the amount
collected and received in each quarter year, for the use and bene
of the relief fund of the fire department of The City of New Yo
and to the treasurer of the Firemen's Association of the state
New York, ten per centum of the amount so collected and receiv
1
88087 TAX ON FOREIGN FIRE INSURANCE COMPANIES.
381
for the endowment, benefit and maintenance of the Volunteer Fire-
men's Home, at Hudson, Columbia county, New York, and the
moneys so received by the treasurer of such association shall be paid
by him to the treasurer of the Volunteer Firemen's Home Associa-
tion, upon the order of the board of trustees thereof, as provided
by the by-laws of the said Home Association; and the balance of
said fund shall be applied to the uses and purposes of said corpora-
tion, as defined and provided by chapter fifteen of the laws of eigh-
teen hundred and eighty-six. The said corporation may maintain
in its corporate name any action or actions in any court of record
of this state to recover the tax or percentage aforesaid during such
period, and also to recover for the breach of any bond or under-
taking, which has been given or may be given to it pursuant to the
provision of this title, or any penalty imposed thereby. The cor-
poration known as “The Exempt Firemen's Benevolent Fund
Association of the Twenty-third Ward of The City of New York
(late town of Morrisania, in the county of Westchester), in the
county of New York,” shall be entitled to collect, and there shall be
paid to it until the seventeenth day of January, nineteen hundredi
and seven, the percentage or tax on receipts of the. foreign fire
insurance companies in the twenty-third and twenty-fourth wards
of The City of New York, as provided for by this title, and all
returns for such business in said twenty-third and twenty-fourth
wards shall, during such period, be made to the treasurer of said
last-named corporation. The said last-named corporation shall,
during said period, render to the fire commissioner of The City of
New York and to the treasurer of the Firemen's Association of
the state of New York, quarterly, in each year, a sworn statement
in detail of the amounts collected and received, and from whom
and from what source, on account of said tax, during each quarter,
and shall, at the same time, pay over to said fire commissioner, as
treasurer, forty-five per centum of the amount so collected and
received in each quarter year, for the use and benefit of the relief
fiind of the fire department of The City of New York, and to the
treasurer of The Firemen's Association of the state of New York,
ten per centum of the amount so collected and received, for the
endowment, benefit and maintenance of the volunteer firemen's
home, at Hudson, Columbia county, New York, and the moneys
so received by the treasurer of such association shall be paid by
him to the treasurer of the Volunteer Firemen's Home Association,
upon the order of the board of trustees thereof, as provided by the
by-laws of said Home Association, and the balance of the moneys
so collected and received by it çluring such period shall be applied
382
TAX ON FOREIGN FIRE INSURANCE COMPANIES. [$ 808
to the uses and purposes of said corporation, as defined and pro-
vided by chapter four hundred and ninety-eight of the laws of eigh-
teen hundred and seventy-five. The said last-named corporation
may maintain in its corporate name any action or actions in any
court of record of the state of New York, to recover the tax or per-
centage aforesaid upon such business done in said twenty-third
and twenty-fourth wards during such period, and also to recover
for the breach of bond or undertaking which has been or may be
given to it pursuant to the provisions of this title, or any penalty
imposed thereby. From and after the seventeenth day of January,
nineteen hundred and seven, the said percentage of tax shall be col-
lected by the treasurer of the fire department of The City of New
York, as provided in this title, and thereafter until the seventeenth
day of January, nineteen hundred and seventeen, the treasurer of said
fire department shall render to the said corporation known as “The
Trustees of the Exempt Firemen's Benevolent Fund of The City of
New York," and to the treasurer of the Firemen's Association of
the state of New York, quarterly, in each year, a sworn statement
in detail of the amounts collected and received, and from whom and
from what source, on account of said tax, during each quarter,
excepting the aniounts collected in that portion of said city, known
as the twenty-third and twenty-fourth wards, and shall, at the same
time, pay over to the said treasurer of the corporation known as
*The Trustees of the Exempt Firemen's Benevolent Fund of The
City of New York,” forty-five per centum of the amount so received
in each quarter year, for the use and benfit of the said benevolent
fund, and to the treasurer of the Firemen's Association of the state
of New York ten per centum of the amount so received in each
quarter year, for the endowment and maintenance of the said vol-
unteer firemen's home; and the money so received by the said
treasurer shall be paid over to the treasurer of said volunteer fire-
men's home in the manner aforesaid. The said treasurer of the fire
department shall appropriate and apply the remainder of the moneys
so to be collected and received to the uses and purposes of the relief
fund of said department. Until the seventeenth day of January,
nineteen hundred and seventeen, the treasurer of said fire department
shall render to the treasurer of the corporation known as the trus-
tees of “The Exempt Firemen's Benevolent Fund Association of the
Twenty-third and Twenty-fourth Wards of The City of New York
(late town of Morrisania, in the county of Westchester), in the
county of New York," and to the treasurer of the Firemen's Asso-
ciation of the state of New York, quarterly, in each year, a swo
TY
$ 808] TAX ON FOREIGN FIRE INSURANCE COMPANIES.
383
statement in detail of the amounts collected and received, and from
whom and from what source, on account of said tax, during each
quarter, in that portion of the said city known as the twenty-third
and twenty-fourth wards, and shall, at the same time, pay over to
the said treasurer of the said corporation known as the trustees
of “The Exempt Firemen's Benevolent Fund Association of the
Twenty-third ward of The City of New York (late town of Mor-
risania, in the county of Westchester), in the county of New York,"
forty-five per centurn of the amount so received in each quarter
year, for the use and benefit of said corporation, and to the
treasurer of the said firemen's association of the state of New York,
ten per centum of the amount so received in each quarter year,
for the endowment and maintenance of said volunteer firemen's
home, and the moneys so received by said treasurer shall be paid
over to the treasurer of said volunteer firemen's home in the man-
ner aforesaid. The said treasurer of the fire department shall
appropriate and apply the remainder of the moneys so to be col-
lected and received by it to the uses and purposes of the relief fund
of said department. The said corporations known respectively as
"The Trustees of the Exempt Firemen's Benevolent Fund Associa-
tion of The City of New York,” and “The Exempt Firemen's
Benevolent Fund Association of the Twenty-third Ward of The
City of New York (late town of Morrisania, in the county of West-
chester), in the county of New York,” shall each make an annual
report to the comptroller of the state of New York, on or before
the first day in January in each year, duly verified by the president
and treasurer thereof, of the amount of money received during the
year, and from whom and from what source received, and giving
in detail the names and residences of all persons to whom and for
what purposes any moneys were paid, with the amount paid to
tach recipient, and of the amount of money on hand, and how
invested. No trustee, officer or agent of either of said corporations
shall grant or give to any beneficiary or other person any greater
sum than shall have been determined by the board of trustees of
stich corporation by a vote of a majority of such trustees, after due
investigations of the circumstances of each case, and all payments
of pensions or donations shall be made by the treasurer upon such
crder of the trustees of the corporation, and for all such payments
the treasurer shall take receipts from the beneficiaries receiving the
same, which receipts shall be filed with his report to the trustees
of the corporation.
L 1882, ch. 410, 4 532; L. 1896, ch. 752.
U
--
384
TAX ON FOREIGN FIRE INSURANCE COMPANIES. [$ 809
i
Tax on receipts of foreign fire insurance companies doing business in
the borough of Brooklyn.
$ 809. There shall be paid to the fire commissioner, until the
seventeenth day of January in the year nineteen hundred and seven-
teen, the percentage or tax upon the receipts of foreign fire insur-
ance companies doing business in the borough of Brooklyn; and
said commissioner shall cause the moneys so paid to him to be paid
out and disposed of as follows:
I. To the New York fire department relief fund, forty-five per
centum.
2. To the treasurer of the Firemen's Association of the State of
New York, who shall pay over the same to the treasurer of the
Volunteer Firemen's Home at Hudson, New York, ten per centum.
3. To the treasurer of the widows and orphans fund of the late
volunteer fire department of the western district of the late city of
Brooklyn, twenty per centum.
4. To the treasurer of the widows and orphans fund of the late
volunteer fire department of the eastern district of the late city of
Brooklyn, thirteen and one-third per centum.
5. To the treasurer of the widows and orphans fund of the late
volunteer fire department of the former town of New Lots, three
and one-third per centum.
6. To the treasurer of the widows and orphans fund of the late
volunteer fire department of the former town of Flatbush, two and
one-third per centum.
7. To the treasurer of the widows and orphans fund of the late
vounteer fire department of the former town of Gravesend, two
and one-third per centum.
8. To the treasurer of the widows and orphans fund of the late
volunteer fire department of the former town of New Utrecht, two
per centuni.
9. To the treasurer of the widows and orphans fund of the volun-
teer fire department of the former town of Flatlands, one and
two-thirds per centum.
The fire commissioner shall quarterly in each year render to
cach of the foregoing associations a sworn statement in detail of
the amounts collected and received by him as aforesaid, and from
whom and from what source on account of said tax during each
quarter. And the custodian or trustees receiving moneys under
the provisions of this act in the borough of Brooklyn shall annually
make and render to the fire commissioner in the month of January
a sworn statement as to the expenditure of said funds, and upon
failure so to do the fire commissioner may withhold the said per-
SS 809, 810] TAX ON FOREIGN FIRE INS. COMPANIES.
385
centage and it shall be paid over to the New York fire department
relief fund, and any use of said percentage for purposes other than
provided by law shall be a misdemeanor and be punishable as such.
T1
1
1
Id; in borough of Richmond.
§ 810. The corporation known as the Veteran Firemen's Asso-
ciation of the North Shore Fire Department of Staten Island, in
the borough of Richmond, shall be entitled to collect a percentage
or tax of two per centum on receipts of foreign fire insurance
companies, located and doing business in the borough of Rich-
mond. The said association shall be subject to the same laws and
possess the same privileges as The Exempt Firemen's Benevolent
Association, of the Twenty-third Ward, of the city of New York
(late town of Morrisania, county of Westchester), for the term of
twenty years, beginning with the establishment of a paid fire
department over said borough.
1
25
CHAPTER XVI.
DOCKS, PIERS, HARBOR, PORT, AND WATERS.
TITLE I. DEPARTMENT OF DOCKS AND FERRIES.
2. PIERS, SLIPS AND WHARFAGE.
3. GENERAL PROVISIONS.
TITLE 1.
DEPARTMENT OF DOCKS AND FERRIES.
Sec. 816. Board of docks, commissioners, appointment, term of office,
president and salaries.
817. Extension of jurisdiction to new territory.
818. Jurisdiction, powers and duties.
819. Plans for water fronts.
820. Surveys of water front.
821. Construction of piers and docks regulated.
822. Purchase of wharf property for corporation; proceedings to
acquire.
823. Acquirement of certain wharf property on North and East
rivers.
824. Acquirement of wharf property in which city has some interest.
825. Wharfage and dockage charges; leasing property; oyster busi-
ness; designation of water front for.
826. Ferries; leasing of.
827. To establish rules for government; penalties.
828. Offices and officers; duties and salaries.
829. Annual report; contents.
8:30. Seal.
831. Lands under water owned by state.
832. May deepen water adjoining wharf, etc.
833. Property and wharf property defined.
834. Sites for floating baths.
835. Public markets and wharves.
836. Docks to be set apart for street cleaning department and board
of health.
837. Setting apart piers for recreation.
838. Water front to be set apart for use of fire department.
Board of docks, commissioners, appointment, term of office, presiden
and salaries.
§ 816. The head of the department of docks and ferries shall be
called the board of docks. The board of docks shall consist of
$$ 816-818] JURISDICTION OF BOARD OF Docks. 387
three persons, to be known as commissioners of docks. They
shall be residents of The City of New York, and shall be appointed
by the mayor, and hold their respective offices as provided in chap-
ter four of this act. Said commissioners shall elect one of their
number president of said board. The salary of the president shall
be six thousand dollars a year, and the salary of each of the other
two commissioners shall be five thousand dollars a year.
See § 106, ante.
Extension of jurisdiction to new territory.
§ 817. All the powers and duties heretofore vested in and
devolved upon the department of docks, of the mayor, aldermen
and conimonalty of the city of New York, are devolved upon and
vested in the department of docks and ferries hereby created, and,
in addition thereto, the powers and duties of said department are
hereby extended so as to include all the water front, wharf prop-
erty, lands under water, wharves, piers, bulkheads and structures
thereon situate, within the city of Brooklyn; the county of Rich-
mond, and that portion of Queens county by this act consolidated
with the corporation known as the mayor, aldermen and common-
alty of the city of New York; and the said board of docks shall
have the same powers, subject to the approval of the commissioners
of the sinking fund, to adopt and execute a plan or plans for the
water front of The City of New York, as constituted by this act,
and to fix and establish the line of solid filling, bulkheads and
pier head lines, the distances between piers, methods and character
of construction of wharves and piers within the entire territory of
The City of New York, as constituted by this act, that the said
department of docks possessed, at the time this act takes effect,
within the territory of the city of New York, as heretofore known
and bounded.
Jurisdiction, powers and duties. .
$ 818. The board of docks shall have exclusive charge and con-
trol, subject in the particulars hereinafter mentioned to the com-
missioners of the sinking fund, of the wharf property belonging
to the corporation of The City of New York, as constituted by this
act, including all the wharves, piers, bulkheads, and structures
thereon, and waters adjacent thereto, and all the slips, basins,
docks, water fronts, land under water and structures thereon, and
the appurtenances, easements, uses, reversions, and rights belong-
mg thereto which are now owned or possessed by the said corpora-
tion or to which said corporation is, or may become entitled, or
ich said corporation may acquire under the provisions hereof, or
388 POWERS AND DUTIES OF BOARD OF DOCKS. [SS 818-819
otherwise; and said board shall have exclusive charge and control
of the repairing, building, rebuilding, maintaining, altering,
strengthening, leasing, and protecting said property, and every
part thereof, and of all the cleaning, dredging, and deepening nec-
essary in and about the same. Said board is also hereby invested,
except as otherwise expressly stated in this act, with the exclusive
government and regulation of all wharf property, wharves, piers,
bulkheads, and structures thereon, and waters adjacent thereto,
and all the basins, slips and docks, with the land under water in
said city not owned by said corporation. The board of docks shall
not have power to change the exterior line of piers and bulkheads,
established by law. The board of docks shall also have exclusive
charge and control, subject in the particulars hereinafter men-
tioned to the commissioners of the sinking fund, of all ferries and
ferry property belonging to the corporation of The City of New
York, as hereby constituted.
L. 1882, ch. 410, $ 711.
(a) The jurisdiction of the dock Pr. 288; Taylor v. The Mayor, 4
department under this section does E. D. Smith, 559.
not interfere with the jurisdiction (c) In order to charge a city with
of the building department over liability for a defective wharf, it
the erection of structures on must appear that the municipal au-
wharves and piers under $ 504 of thorities had notice of the defect.
the New York city building law, in Garrison v.The Mayor, 5 Bosw.497;
appendix. Fire Dept. v. Atlas S. P., Wallace v. The Mayor, 2 Hilt.
Steamship Co., 106 N. Y. 566; S. C., 440; s. C., 18 How. Pr. 169.
11 N. Y. State Rep. 113. See § 504, (d) As to the liability of a lessee
ante.
of a wharf or pier for injuries oc-
(b) A city is liable for injuries casioned by reason of its defective
sustained by an individual by rea- condition, see Radway v. Briggs, 37
son of the defective construction N. Y. 256; Clancy v. Bryne, 56 Id.
and dangerous condition of a pier, 129; Newall v. Bartlett, 114 Id. 399;
notwithstanding the premises are, Gluck v. Ridgewood Ice Co.,56 Hun,
at the time, in the possession of a 642; S. C., 9 N. Y. Supp. 254; De-
lessee, who has covenanted to keep laney v. Penn. R. Co., 78 Hun, 393;
the pier in repair. Moody v. The S. C., 29 N. Y. Supp. 226; affi’d, 144
Mayor, 43 Barb. 282; S. C., 34 How. N. Y. 718.
Plans for water fronts.
$ 819. The plan or plans for the whole or any part of the water
front of The City of New York, as constituted by this act, including
the water front on the westerly side of the Harlem river from the
easterly line of the Third avenue where said line strikes said river
along the water front from said line to the northerly side of depart-
nient of docks, of the city of New York, as heretofore known and
bounded, adopted and certified to by the commissioners of the
sinking fund, and filed, in the office of said department of docks, in
accordance with the proivsions of the third subdivision of section
§ 819]. PLANS FOR WATER FRONTS.
389
ninety-nine of chapter one hundred and thirty-seven of the laws of
eighteen hundred and seventy, as amended by section six of chap-
ter five hundred and seventy-four of the laws of eighteen hundred
and seventy-one, and such plan or plans as may be determined upon
pursuant to section eight hundred and seventeen of this act, by the
board of docks created by this act, adopted and certified to by the
commissioners of the sinking fund, and filed, or that may be filed,
in the office of said board of docks shall be and continue to be the
scle plan or plans, according to which any wharf, pier, bulkhead,
basin, dock, slip or any wharf structure or superstructure shall be
laid out or constructed within the territory or district embraced,
or that may hereafter be embraced in and specified upon said plan
or plans, and shall be the sole plan or plans and authority for solid
filling in the waters surrounding The City of New York, and
on said Harlem river, and for extending piers into said waters and
erecting bulkheads around said city, and on the westerly side of
the Harlem river, and all other provisions of law regulating solid
fiiling and pier and bulkhead lines in said waters, are to be deemed
to be repealed whenever said plan or plans is or are inconsistent
with such provisions of law, and all laws giving any power or
authority as to said water front in the territory embraced in this
section, to any other department of the city of New York, as here-
tofore known and bounded, or to any department of any municipal
or public corporation which, or part of which, is consolidated by
this act with the mayor, aldermen and commonalty of the city of
New York, are hereby repealed. No wharf, pier, bulkhead, basin,
dock, slip, exterior street, or any wharf, structure, or superstructure
shall be laid out, built or rebuilt, within such territory or district
except in accordance with such plan or plans, provided that said
board of docks, with the consent and approval of the commission-
ers of the sinking fund, may, from time to time, change the width
'or location of the piers laid down on said plan or plans; and pro-
vided, also, that said board of docks may build, or rebuild, or
license, or permit the building or rebuilding, of temporary wharf
structures, and said board may lease land covered with water
belonging to The City of New York for the purpose thereof, such
lease license or permit to continue and remain at the will and pleas-
ure of said board, or for a time not longer than until the wharves,
piers, bulkheads, basins, docks, or slips to be built or constructed
according to such plan or plans, shall in the judgment of said board,
require and need to be built or constructed; and provided, further,
at the board of docks with the consent and approval of the com-
Ssioners of the sinking fund may alter and extend the present
390
[$ 819
PLANS FOR WATER FRONTS.
pier head line, as now estudiished on the Hudson river, between
Battery place and Seventieth street, and establish a new pier head
line between these points, and may authorize the construction of
new piers out to said pier head line, and may extend those piers
already built out to said line; and may build new piers, or extend
piers already built, out to such pier head lines as are now or
may hereafter be established by the secretary of war under act of
congress. The board of docks is hereby authorized and empow-
ered, with the consent and approval of the commissioners of the
sinking fund, to alter and amend the plans of the improvement of
the water front determined upon by the department of docks, and
approved by the commissioners of the sinking fund of the city and
county of New York, in eighteen hundred and seventy-one,
between the Battery and Grand street on the East river, and
between the Battery and West Sixty-second street on the North
river. Whenever the plan so determined upon and adopted, or
hereafter to be determined upon and adopted, shall include the
widening of an exterior street or avenue, or the opening and con-
struction of a new exterior street or exterior avenue, or the aban-
donment or closing of such street or avenue already in existence,
the power to widen, open, construct, abandon or close the same
shall exclusively reside with the said board of docks, which is
hereby authorized to take such steps as may be necessary in that
regard, and after the same shall have been so widened or opened,
the right to maintain the widened portion of a street or avenue
already opened, and such new street or avenue shall also reside
with the said board of docks; but the street or avenue so widened
to the extent of the part so widened, or such new street or avenue
opened under this plan shall not be a public street, but shall be
a marginal wharf, and shall be used in that regard in such manner
from time to time as the board of docks shall, by resolution, deter-
mine. The board of docks shall have exclusive power to regulate
the use of marginal streets so that the land and buildings upon all
such marginal streets may be used to the best advantage in connec-
tion with the wharves and bulkheads; and the board of docks shall
have the power to regulate, by license or by any other suitable
means, the transfer of goods and merchandise upon, over, or under
all such marginal streets; except that the said board of docks shall
not under this section have any power in respect to, or jurisdiction
over the public driveway authorized by and constructed under
chapter one hundred and two of the laws of eighteen hundred and
ninety-three, and acts amendatory thereof.
L. 1882, ch. 410, $ 712.
88 820-821) CONSTRUCTION OF PIERS AND DOCKS.
391
LU
(a) The destruction of wharf
rights belonging to private owners
consequent upon the construction
of wharves upon the new plan
adopted by the department of
docks under the act of 1871, cited in
this section, made the city liable in
damages to the owners of such
wharf rights for the emoluments in
the way of wharfage, etc. Langdon
v. The Mayor, 93 N. Y. 129; affi'g 28
Hun, 158; Williams y. The Same,
105 N. Y. 419; Kingsland v. The
Same, 110 Id. 569; affi'g 45 Hun, 198.
See Whitney v. The Same (Court of
Appeals), 6 Abb. N. C. 329, note;
Bedlow v. N. Y. Floating Dry Dock
Co., 112 N. Y. 263.
(6) The department of docks have
ing no authority to build or rebuild
any wharf or superstructure except
in accordance with the plan pro-
vided for in this section, it has no
power to grant such right to a
third person, to place or maintain
any such structure not in accord-
ance with said plan. Cunard S. S.
Co. v. Voorhies, 50 N. Y. Super. (J.
& S.) 253.
(c) The department of docks has
no power to grant a ferry franchise
or the exclusive use of piers or
bulkheads to persons running a
ferry without a franchise, or to
erect, maintain or re-construct
structures for ferry purposes. Cu-
nard S. S. Co. V. Voorhies, Ibid.
See $ 170, ante.
'(d) The provisions of L. 1798, ch.
80, giving to the city the power to
construct piers in front of certain
streets and to collect wharfage, did
not vest in the city the title to the
land under water between the
piers. Walsh v. N. Y. Floating Dry
Dock Co., 77 N. Y. 448; affi'g 8
Daly, 387.
Surveys of water front.
$ 820. The board of docks is authorized to cause to be made the
necessary surveys, soundings and other examinations of the water
front of The City of New York, as constituted by this act, where
the same has not already been determined, and to ascertain the
capacities and requirements of said water front for adaptation to
commercial and other uses.
Construction of piers and docks regulated.
$ 821. In executing the plan or plans mentioned in section eight
hundred and nineteen of this act, the board of docks shall proceed,
according to said plan or plans, to lay out, establish, and construct
wharves, piers, bulkheads, basins, docks, or slips in the territory
or district embraced in such plan or plans, and in and upon or
about the property owned by The City of New York, without inter-
fering with the property or rights of any other person except so far
as may be necessary to insure the safety and stability of the
Wharves, piers, bulkheads, basins or slips so to be constructed. And
said board may commence and carry on such construction in sec-
tions of said territory or district from time to time, so as not to
seriously incommode the commerce of said city. The work of said
construction under such plan or plans shall, unless ordered to be
otherwise performed by the affirmative vote of all the commission-
ers of docks, be performed as follows: The said board of docks
shall prepare full and minute specifications for such work, and
advertise for proposals for doing said work under said plan or plans,
392
PURCHASE OF WHARF PROPERTY. [S$ 821, 822
and according to such specifications; proposals therefor shall be
signed by the bidders for the said work and be sent to the said board
within the time specified in such advertisement, accompanied by
a bond in the form set forth in said specifications, duly executed.
The said board of docks shall open said proposals on a day to be
specified in such advertisement, and shall examine them, and unless
the said board shall deem it for the interest of the city to reject all
bids, 'shall award the contract for said work to the lowest respon-
sible bidder complying with such plan or plans and specifications;
such contract shall be executed by the said board of docks on
behalf of The City of New York, and shall always contain provisions
as to the time of commencing and completing said work, and for
the retention of at least one-fourth of its .contract price, until the
completion of said work, as security for its performance, and for
the forfeiture of said contract for non-performance of the terms
thereof. Said board of docks may, upon the forfeiture of any such
contract, proceed to complete the work thereunder without con-
tract or may readvertise for proposals to complete said work and
award a new contract therefor in the same manner as provided
herein for awarding the original contract; but no bidder under this
section shall be entitled to a contract until his bid be approved and
accepted by said board of docks, provided, however, that repairs
may be done by days' work, and without contract, whenever in the
judgment of the board of docks it is expedient so to do.
L. 1882, ch. 410, 8 714.
Purchase of wharf property for corporation; proceedings to acquire.
§ 822. The board of docks, with the approval of the commis-
sioners of the sinking fund, is authorized to acquire in the name
and for the benefit of the corporation of The City of New York any
and all wharf property in The City of New York, as constituted by
this act, to which the corporation of The City of New York then has
no right or title, and any rights, terms, easements and privileges
pertaining to any wharf property in The City of New York, and not
owned by said corporation; and said board of docks may acquire
the same either, by purchase or by process of law, as herein pro-
vided. Said board of docks may agree with the owners. of any such
property, rights, terms, easements, or privileges, upon a price for
the same, and shall certify such agreement to the commissioners of
the sinking fund, and if the said commissioner's approve of such
agreement, said board of docks shall take from such owners, at
such price, the necessary conveyances and covenants for vesting
said property, rights, terms, easements, or privileges in, and assure
$ 822] PURCHASE OF WHARF PROPERTY.
393
ing the same to The City of New York forever, and said owner shall
be paid such price from the city treasury, as provided in this act.
If the said board of docks shall deem it proper and expedient that
the said corporation should acquire possession of such wharf prop-
erty, rights, terms,.easements, or privileges, for which no price can
be agreed upon between said board and the owner or owners
thereof, the said board of docks may direct the corporation counsel
of said city to take legal proceedings to acquire the same for the
city, and the said corporation counsel shall take the same pro-
ceedings to acquire the same as are by law provided for the tåking
of private property in said city for public streets or places, and the
provisions of law relating to the taking of private property for pub-
lic streets or places in said city are hereby made applicable, as far
as may be necessary, to the acquiring of the said property, rights,
terms, easements and privileges, and the said board of docks is also
empowered to acquire in like manner the title to such lands under
water and uplands, within The City of New York, as constituted
by this act, as shall seem to said board of docks necessary to be taken
for the improvement of the water front. The just compensation to
which the owner of property taken under the foregoing provisions :
is entitled shall be ascertained and determined upon the following
principles. If all of the property of such owner is taken, the com-
pensation awarded shall be the fair and just value of the said prop-
erty. If the property of the riparian proprietor has been built upon
or improved, and if such buildings or improvements are upon
a single tract contiguous to or adjoining lands under water, or
which were originally under water, and used in connection there-
with, and part only of such property is proposed to be taken, the
fair and just value of the entire premises shall first be ascertained,
and then there shall be ascertained the like value of the premises in
the condition in which they will be after the part is taken, and the
difference in value, be it more or less than the separate value of
the part taken, shall constitute the measure of compensation. Pro-
vided that said board of docks, with the approval of the commis-
sioners of the sinking fund, hereby is empowered to agree, license
and permit private owners of any bulkheads, piers or water rights,
to make the necessary improvements upon their bulkheads, piers or
water rights, so as to conform to the plan already adopted by the
department of docks, and approved by the commissioners of the
sinking fund of The City of New York, as heretofore known and
bounded, or to be hereafter adopted and approved, pursuant to this
-Chapter, during the period which shall intervene prior to the extin-
guishment of such private ownerships by The City of New York,
394 WHARF PROPERTY ON NORTH AND EAST RIVERS. [S$ 822,823
such improvements to be made by such owners under the super-
vision of the board of docks, or by the board of docks itself, as may
be agreed upon, at the cost and expense of such private owners,
in the first instance, and upon such reasonable terms as to reim-
bursing said private owners for such improvements, and as to wharf-
age and other riparian rights thereon and therefrom, as may be
agreed upon. All agreements, and licenses or permits heretofore
made or entered into between the mayor, aldermen and commonalty
of The City of New York and any private owners, as to the making
of like improvements upon their property, are hereby ratified, con-
firmed and made valid.
L. 1882, ch. 410, 8 715.
Acquirement of certain wharf property on North and East rivers.
§ 823. In all proceedings taken by the board of docks of The
City of New York for the acquirement of wharf property, rights,
terms, easements, or privileges, or lands under water and uplands
in The City of New York, if said wharf property or lands under
water, or wharf property to which said rights, terms, easements, or
privileges are appurtenant, is or are, situated between the southerly
· side of Bethune street and the northerly side of Gansevoort street,
upon or adjacent to the North river in The City of New York, or
between the southerly side of East Eighteenth street and the south-
erly side of East Twenty-first street, upon or adjacent to the East
river, it shall not be necessary for the said board of docks to make
any attempt to agree with the owners of any such property, rights,
terms, easements, privileges, uplands or lands under water, upon
a price for the same, before commencing the proceedings author-
ized by section eight hundred and twenty-two of this act. In
a proceeding brought for the acquirement of any such wharf prop-
erty, rights, terms, easements, or privileges, or uplands, or lands
under water situate, as in this section set forth, the title to the said
wharf property, uplands and lands under water, rights, terms, ease-
ments, and privileges shall vest in The City of New York four
months after the filing in the office of the clerk of the supreme
court, in the first judicial district, of the oaths of the commissioners
of estimate and assessment in said proceeding appointed, and all
the rights, title and interest of any and all of the owners or persons
interested in the said wharf property, rights, terms, easements, and
privileges or lands under water, or uplands, shall cease and deter-
mine and be extinguished at such time. All the awards made in
such proceeding for the value of property acquired or interests
*$ 824,8257 ACQUIREMENT OF RIGHTS TO WHARF PROPERTY. 395
extinguished, shall draw interest from the time of the vesting of the
title in The City of New York.
Acquirement of wharf property in which city has some interest.
§ 824. In all proceedings by the board of docks of The City of
New York, for the acquirement of the interests of any person or
corporation who is an owner in common or a joint-tenant with
The City of New York, of any wharf property, rights, terms, ease-
nients, or privileges, or lands under water and uplands, it shall not
be necessary for the said board of docks to make any attempt to
agree with said person or corporation who is a tenant in common
or joint-tenant as aforesaid with The City of New York, upon
a price for the same, before commencing the proceedings author-
ized by section eight hundred and twenty-two of this act. In
a proceeding brought for the acquirement of any such right, title,
or interest in or to any such wharf property, rights, terms, ease-
ments, or privileges, or uplands, or lands under water, owned as in
this section set forth, the title of the person or corporation who, or
which is, the tenant in common or joint-tenant with The City of
New York to the said wharf property, uplands and lands under
water, rights, terms, casements, and privileges, shall vest in The
City of New York four months after the filing in the office of
the clerk of the supreme court, in the first judicial district, of
the oaths of the commissioners of estimate and assessment in said
proceeding appointed, and all of the rights, title, and interest of, in
and to the said owners, persons or corporations interested in said
wharf property, rights, terms, easements, privileges, or lands under
water or uplands, shall cease, determine and be extinguished at
such time. All the awards made in such proceeding for the value
of property acquired or interest extinguished shall draw interest
from the time of vesting of the title in The City of New York.
. (a) A proceeding under this sec-
tion to acquire land along the
water front of New York city to
the sole use of special kinds of
commerce, lg. to steamboats, is
not in violation of the constitu-
Honal provision prohibiting the
taking of property for private use.
Matter of Mayor, 135 N. Y. 261;
S. C., 47 N. Y. State Rep. 816; affi'g
45 Id. 937.
(6) The fact that the property or
some part of it is already in use by
a railroad or gas company does not
prevent its being condemned for
wharf purposes. Matter of the
Mayor, supra.
Wharfage and dockage charges; leasing property; oyster business;
designation of water front for.
$ 825. When any of the wharves, piers, bulkheads, slips, docks,
and basins constructed under the provisions of this chapter shall
396
[$ 825
WHARFAGE AND DOCKAGE. -
be open to the public use, the board of docks shall, subject to the
provisions of law, regulate the charges for wharfage, cranage and
dockage of all vessels admitted thereto, and may alter such charges
from time to time as the public trade may authorize and the said
board of docks deem proper; provided that the rates of wharfage
on boats navigating the canals of the state shall not be increased
beyond the rates in force on April eighteenth, eighteen hundred
and seventy-one, except as hereinafter specifically provided, and
no restriction of the amount of wharf and slip room occupied by
them shall be made; and said board of docks may appropriate any
of such wharves, as the owners thereof may apply to have so desig-
nated or appropriated to the sole use of special kinds of commerce,
or of steamboats, or of any other class or description of ships or
vessels, and may restrain and prohibit any ship, steamboåt, or any
other vessel or water craft whatever from coming into, or lying,
niooring, or anchoring at or within any such wharf, pier or slip of
said The City of New York, except such as may be so designated
for their use respectively. Said board of docks may, in the name
of and for the benefit of the corporation of The City of New York
lease any or all of such property, and any and all wharf property
belonging to The City of New York, as constituted by this act, for
a term not exceeding ten years, and covenant for renewal or renew-
als at advanced rents of such leases for terms of ten years each, but
not exceeding in the aggregate fifty years. The board of docks
may set aside, designate and appropriate a suitable location on the
water front in The City of New York, for the sole use of the oyster
business. Such designation or appropriation shall be subject at
any time to revocation by said board.
L. 1882, ch. 410, 8 716.
(a) The dock department has the
power to grant to a lessee the sole
use of a pier and the waters adja-
cent thereto for his own emolu-
ment, provided such use does not
essentially interfere with or ob-
struct the public use, and in-
trenches upon no individual rights
other than those of the corpora-
tion; and subject to such restric-
tions and regulations as Congress
under its power to regulate com-
merce may make; held accordingly,
that the harbor masters would be
restrained from removing a bath-
ing-house occupying the side of a
pier and the waters adjacent, it not
being shown that the same occa-
sioned any obstruction to naviga-
tion, or that any immediate neces-
sity of commerce required its re-
moval. Hoeft v. Seaman, 38 N. Y.
Super. (J. & S.) 62; S. C., 46 How.
Pr. 24.
(6) The city may regulate the
uses of the basins and slips, and
subject to the right of the owners
to collect their wharfage, may di-
rect the use of a particular slip or
wharf to be appropriated exclu-
sively for any particular craft of
class of vessels - e. g., a floaties
dry dock. Hecker v. N. Y. Balance
Dock Co., 24 Barb. 215. Compare
Fenniman v. N. Y. Balance Co., to
How. 40; Hecker v. N. Y. Balance
Dock Co., Id. 549. The corporatio!
cannot deprive the owner of a prie
$ 826]
397
LEASING OF FERRIES.
vate pier of the right to wharfage benefit of the lease in the use of
by appropriating the slip adjoining the pier and the collection of
the pier for a public ferry, without wharfage, but he rested his deiense
payment of compensation. Murray upon the sole ground that the lease
v. Sharp, 1 Bosw. 539.
was not made at public auction, as
(c) A lease of a wharf gives only required by this section; held, that
a right to wharfage, and such this constituted no defense; that
wharf continues a public wharf defendant, having had the full ben-
subject to the general rules of law efit of the contract, was estopped
applicable thereto, and the lessee from questioning its validity. The
cannot lawfully place structures Mayor v. Sonneborn, 113 N. Y. 423.
thereon for his own convenience To same effect, The Mayor v. Hunt-
which shall materially incumber it ington, 114 Id. 631.
or interfere with its free use for (h) Where a party claiming to be
purposes connected with naviga- the lessee of a city wharf seeks to
tion, by the general public. recover wharfage, he must estab-
Commrs. of Pilots v. Clark, 33 N. Y. lish that his lease was made accord-
251.
ing to all the forms designated by
(d) The right to give the ex law, and where the lease was not
clusive use of a pier to any particu- made at public auction, as required
lar class of vessels does not give the by the statute, held, that he could
power to exclude the right of the collect no wharfage thereon, as the
public to use of the surface as a lease of a wharf is merely the let-
public highway or street, and does ting of the franchise of wharfage
not authorize the dock department and no right or property in the
to allow shed or other buildings to wharf passes to the lessee upon
be erected upon the pier. People v. which to base a possessio pedis as in
Mallory, 46 How. Pr. 281. See $$ 772 the case of real property. Taylor
and 773, post.
V. Beebe, 3 Rob. 262. Compare The
(e) Where a lease of a pier was Mayor v. Sonneborn, and The Same
not according to statutory require- v. Huntington, ante.
ments, but the act of making the (i) It seems that the provision of
lease was not prohibited by the this section providing for the leas-
statute, a lessee who had enjoyed ing of wharfs and piers is not man-
all the benefits of the lease cannot datory, but merely directory; and
raise any irregularity in defense to that the dock commissioners may
an action for rent. The Mayor v. lease or not, as they, in their dis-
Wylie, 43 Hun, 547..
. cretion, deem proper. Matter of
(f) Where one who is let into The Mayor, 135 N. Y. 261; S. C., 47
possession of a city pier under a N. Y. State Rep. 816.
contract to take a lease to collect () The city is not estopped from
Wharfage, violates his agreement, claiming against a lessee of one of
and refuses to take the lease, he the city wharves obedience to the
must account under an implied con- building laws, and all orders and
tract, as bailiff to pay over what regulations lawfully made, in pur-
wartage he has received. The suance thereof, by the I
suance thereof, by the fact that the
Mayor v. Hill, 13 How. Pr. 280. lease contains provisions in con-
(g) In an action to recover rent travention of those laws and orders.
on a lease of a city pier, it was ad N. Y. Fire Department V. Atlas
mitted that defendant had the full Steamship Co., 106 N. Y. 566.
Ferries; leasing of.
} 826. The board of docks shall have power and is authorized to
lease in the name of and for the benefit of The City of New York,
the manner provided by law, the franchise of any ferry or ferries
belonging to said city for the highest marketable price or rental, at
public auction or by sealed bids, and always after public advertise-
went and appraisal under the direction of said board, but not for
term longer than ten years, nor for a renewal for a longer term.
398
REGULATIONS OF BOARD OF DOCKS. [S$ 826, 827
than ten years. And said board shall also possess the power and
is hereby authorized to lease, in like manner along with the fran-
chise of a ferry or ferries belonging to said city, such wharf prop-
erty, including wharves, piers, bulkheads and structures thereon
and slips, docks and water fronts adjacent thereto, used or required
for the purpose of such ferry or ferries, now owned or possessed,
or which may hereafter be owned or acquired by said city, or to
which the said city is or may become entitled, or of which it may
become possessed. But said board shall make no lease authorized
by this section, unless the terms of said lease are approved by the
ccmmissioners of the sinking fund. The proceeds of said leasing
shall on receipt thereof after paying all necessary charges be imme-
diately paid to the credit of the sinking fund. But nothing in this
section contained shall be held to apply to that portion of the East
river which is, by law, exclusively set apart for the use of canal
boats engaged in the transportation of freights in the Hudson river
coming to tidewater from the canals of this state.
(a) Under this section the mu-
nicipal authorities, when about to
lease the franchise of a ferry, are
authorized to lease along with the
franchise wharves or piers used or
required for the purposes of the
ferry, such lease to be “ for the
highest marketable price or rental
at public auction or by sealed
bids.” The wharf or pier to be
leased along with the ferry fran-
chise as part thereof, the whole to.
be put up as one entire piece of
property. Starin v. Edson, 112 N.
Y. 206; rev'g 42 Hun, 549, and affi'g
1 N. Y. State Rep. 544.
(6) The commissioners of docks
have power, in their discretion, to
include in one leasing two ferry
franchises with the wharves or
piers used in connection therewith;
and in the absence of evidence
showing an abuse of discretion, the
court may not interfere. Starin v.
Edson, ante.
(c) The landing place of a ferry
situated beyond the territorial lim-
its of the city is not subject to
taxation, the ferry being devoted to
nublic use, although the city of
New York operates the ferry
through lessees, and derives reve-
nue from the rental, such revenue
being irrevocably pledged for the
payment of the city's public debt.
People ex rel. Mayor v. Assessors,
111 N. Y. 505; affi'g 47 Hun, 383.
(d) The commissioners of docks
can only be restrained in a taxpay-
er's action under Laws 1892, ch.301,
from making certain leases of ferry
franchise upon proof that they
have done or are about to do some
act, the commission of which in.
volves a waste or injury to the cor-
porate property, or the perform-
ance of some illegal official act.
No act which is free from fraud or
collusion, and which involves only
an exercise of administrative dis-
cretion on their part, can be re-
strained. Wilkins v. The Mayor, 9
Misc. 610; s. C., 62 N. Y. State Rep.
89; 30 N. Y. Supp. 424; Robinson V,
Gilroy, 30 N. Y. Supp. 411.
(e) A taxpayer of a city cannot
maintain an action to enjoin it
from leasing a ferry franchise, ou
the ground that the proposed les:
see, à corporation, has no power
operate it. Starin v. Edson, supra.
은
​To establish rules for government; penalties.
$ 827. The board of docks shall establish and enforce all need
rules and regulations for the government and proper care of all
$$ 827, 828]
399
OFFICERS AND SALARIES.
property placed in its charge and under its control by the provis-
ions of this chapter, relating thereto, and shall furnish a copy of
such rules and regulations to all the owners and occupants of such
property, and shall make all needful orders necessary to carry out
the provisions of this chapter relating thereto into effect, and fix
penalties for disobeying such rules, regulations, or orders, and shall
publish such orders. · The violation of or disobedience to any rule,
regulation or order of said board of docks, shall be a misdemeanor,
punishable by a fine not exceeding five hundred. dollars, or by
imprisonment not exceeding thirty days, or by both such fine and
imprisonment, on complaint of such board of docks. The penal-
ties aforesaid may be recovered by suit in the name of The City of
New York, and such suit shall be prosecuted by the corporation
counsel when directed by the board of docks, and no defendant in
any such suit shall be permitted to plead ignorance of any such
order, rule or regulation. All rents, fines and penalties, and all
other money collected by said board or by its direction, shall belong
to the treasurer of said city, and be paid into the sinking fund for
the redemption of the city debt. The board of docks shall hold
stated meetings, at times to be specified in its by-laws, which said
board shall prepare and may alter from time to time.
| L. 1882, ch. 410, 8 717.
Offices and officers; duties and salaries.
$ 828. The board of docks shall have power to furnish and sup-
ply offices, provided in accordance with law, for the transaction of
the business of the department of docks and ferries. The board of
docks shall appoint a secretary and other officers, clerks and agents
to assist said board in the performance of its duties and the exercise
of its powers; and also the necessary employes for the work of con-
struction, repairs and maintenance; and shall fix the compensation
of all persons so appointed. But the annual expenses of said
department for rent, furniture, supplies, and compensation of secre-
· tary and subordinate officers, clerks, and agents shall not exceed in
the aggregate the sum of one hundred thousand dollars, except with
the consent of the commissioners of the sinking fund. The presi-.
dent of the board of docks shall be elected annually by the members
thereof, and shall preside at all meetings of said board, and in case
of his absence a temporary president may be elected by the board
to preside. Any member may resign his office by written resigna-
tion sent to the mayor. If any member of said board of docks shall
cease to reside in The City of New York, as constituted by this act,
his office as a member of said board shall become vacant.
L. 1882, ch. 410, $ 708.
400
LANDS UNDER WATER OWNED BY STATE. (SS 829-831
Annual report; contents.
8.829. The board of docks shall annually present to the mayor
of the city a report containing: First. The name, occupation, and
compensation of all officers, clerks and agents appointed and
employed by said board. Second. A statement of the actions of the
board of docks for the past year, classified with reference to the
various subjects and duties which have engaged its attention.
Third. A list of the orders and rules made by said board of docks,
and a description of the contracts made by said board, the payments
made by said board, and the purposes and amounts thereof, and the
leases made by said board, for what term, at what rent, to whom,
and for what property. Said board of docks shall at the time it
presents its annual report to the mayor also file with the civil service
supervisory and examining boards of The City of New York
a complete statement of the name, address and salary, or compensa-
tion of all persons employed in any capacity by said board of docks,
which shall be published in the City Record and the corporation
newspapers.
L. 1882, ch. 410, 8 719.
Seal.
§ 830. The board of docks may adopt a common seal for said
department of docks and ferries, and direct its use. Said seal shall
be a device of the arms of The City of New York surrounded by the
words, “Department of Docks and Ferries. The City of New
York," engraved upon a metal disk two and one quarter-inches in
diameter, and the same may be renewed whenever necessary. An
impression of such seal made directly on paper shall be as valid as
iſ made on a wafer or on wax. Every lease, contract or other
instrument, executed in pursuance of any authority conferred on
said board of docks by law, and sealed with such seal, attested and
proved according to law by the secretary appointed by said board,
shall be received in evidence, and may be recorded in the proper
recording offices in the same manner and with the like effect as it
sealed with the seal of the corporation of The City of New York,
attested and proved by the clerk thereof.
Lands under water owned by state.
$ 831. The commissioners of the land office are hereby authorized
to convey by proper instruments, in writing, necessary for the pure
pose, all the property, right, title and interest of the people of the
state of New York, in and to the land under water, which the board
of docks may deem necessary for the construction of wharves, docks,
88831-8357 PROPERTY AND WHARF PROPERTY DEFINED. 401
piers, bulkheads, basins, and slips, under this chapter, whenever
said commissioners may be required by said board of docks to
make such conveyance to The City of New York. But such con-
veyances shall be made after compliance with such reasonable rules
and regulations as the said commissioners of the land office are
now empowered to make by law; and nothing in this chapter shall
be so construed as to remove or limit the powers and duties of the
said commissioners as now conferred upon them by the statutes of
the state and as prescribed in other sections and provisions of
this act.
L. 1882, ch. 410, $ 720.
May deepen water adjoining wharf, etc.
§ 832. It shall be lawful for the board of docks to order and direct
that the water near and adjoining any private wharf, pier, dock,
bulkhead or land within the limits of The City of New York, be
deepened by excavating or removing the earth, mud, dirt, or sand
therefrom, and to cause the same to be done in such places and at
such times as the said board may deem necessary and proper.
L. 1882, ch. 410, $ 721.
Property and wharf property defined.
$ 833. The terms "property” and “wharf property” whenever
used in this chapter, shall be taken to mean not only all wharves,
piers, docks, bulkheads, slips and basins, but the land beneath the
same, and all rights, privileges and easements appurtenant thereto,
and such upland or made land adjacent to the said wharves, piers,
docks, bulkheads, slips and basins, jurisdiction over which said
upland and made land may be assigned to the department of docks
and ferries by the commissioners of the sinking fund.
L, 1882, ch. 410, 8 724.
Sites for floating baths.
$ 834. The board of docks shall, upon the requisition of the com-
missioner of public buildings, lighting and supplies, furnish free of
charge in the vicinity of such location as shall be designated by
said commissioner accessible, convenient, and safe berths for moor-
ing the free floating baths, authorized by law.
L. 1882, ch. 410, 8 725.
See Hoeft v. Seaman, cited under $ 825, ante.
Public markets and wharves.
8835. It shall be lawful for The City of New York, in case it shall
26
402
[SS 835-837
PIERS FOR RECREATION.
find it necessary, to cause public markets to be erected and kept
over the waters of the East and North rivers adjoining to any of its
docks or wharves; provided, that such markets shall not interfere
with the flow of the waters of the said rivers, nor be built beyond
the pier or bulkhead line established by law.
L. 1882, ch. 410, $ 726.
Docks to be set apart for street cleaning department and board of
health.
$ 836. The board of docks shall designate and set apart for the
use of the department of street cleaning, the board of health, and
other city departments, suitable and sufficient wharves, piers, bulk-
heads, slips and berths in slips for the use of said departments.
L. 1882, ch. 410, 8 728. .
Setting apart piers for recreation.
$ 837. The board of docks is hereby authorized to set apart the
following piers in The City of New York, to wit: A pier at or near
the foot of Perry street, on the Hudson river, and such other piers
along the Hudson river water front and the East river water front
of the said city, as the said board of docks shall deem, from time to
time, necessary for the use of the inhabitants of The City of New
York, as hereinafter provided, and for the convenience of dealers
in country produce and other merchandise transported to The City
of New York for sale. The purpose of this section is to afford
the inhabitants of The City of New York greater opportunity for
healthful recreation than they now possess, and to accomplish such
end the said board of docks is hereby authorized to construct or
rebuild the piers set apart under the provisions of this section for
public use in such manner as shall provide a platform or upper story
thereof, and the approaches thereto shall be constructed under the
direction of a skilled architect, who shall be employed by said board
of docks for that purpose. The intention hereof being to permit
the upper story of each one of the piers herein authorized to be set
apart for public use wholly free to the inhabitants of said city for
the purpose aforesaid without interference with business occupa-
tions, and the said piers on the lower stories thereof shall be open
to use to boats and vessels plying upon canals, rivers and lakes of
this state which may bring merchandise to the city for sale therein,
The occupation of positions by boats at the piers herein mentioned
shall be under the control of the board of docks, and order shall be
maintained by the police authorities of The City of New York in
and around such portions of the said docks as may be set apart 10
88 837,8387 WATER T
403
FRONT FOR FIRE DEPARTMENT.
recreation purposes aforesaid. Except as hereinbefore provided,
no wharf, pier, bulkhead or shed shall be required by the board of
docks to be so constructed as to admit of the free public use of the
roof thereof for the purposes of resort and recreation.
Water front to be set apart for use of fire department.
$ 838. The board of docks, with the consent and approval of the
commissioners of the sinking fund, is hereby authorized to set
apart, for the permanent and exclusive use of the fire department
of The City of New York, so much of the water front owned by
said city as shall be deemed necessary for the exclusive use of the
said fire department of The City of New York.
TITLE 2.
PIERS, SLIPS AND WHARFAGE.
Sec. 844. Sheds for protection of property upon piers or bulkheads; con-
struction of the same regulated by board of docks.
845. Wharves, slips, etc., not to be used as dumping grounds.
846. Storehouses, booths, shops, etc., on sheds not authorized.
847, Offices abolished.
848. Dock masters; certain powers of.
849. Removal of obstructions, etc., from piers, etc.
850. Expense of carrying out last section.
851. Removal of obstructions, continued.
852. Storage of obstructions.
853. Unclaimed merchandise to be advertised.
854. Canal boats; territory appropriated to.
855. Derricks for unloading canal boats authorized.
856. Occupation of waters by ships not entitled thereto.
857. Failure to remove when ordered; penalty.
858. Certain docks and piers set apart for garden produce.
859. Wharfage and dockage rates enumerated.
860. Id.; on vessels in clam or oyster trade.
861. Id.; canal boats and vessels carrying brick.
86.3. Rates for goods, etc., remaining on pier or wharf.
863. Rates to be printed in wharfage bills.
864. What waters included in port of New York.
865. Additional accommodations for canal boats.
866. Penalty for vessels wrongfully entering canal boat territory.
867. Powers of dock-masters to assign and regulate stations for ves-
sels; penalties for refusing to obey direction.
868. False personation of dock-masters.
869). Violations to be reported.
870. Floating docks authorized.
404
[3 844
SHEDS UPON PIERS OR BULKHEADS.
Sheds for protection of property upon piers or bulkheads; construction
of the same regulated by board of docks.
§ 844. Whenever any person, company or corporation, engaged
in the business of steam transportation, shall be owner or lessee
of any pier or bulkhead in The City of New York, and shall use
and employ the same for the purpose of regularly receiving and dis-
charging cargo thereat, it shall be lawful for such owner or for
such lessee, with the consent of the lessor, to erect and maintain,
upon such pier or bulkhead, sheds for the protection of property so
received or discharged, provided they shall have obtained from the
board of docks, in said city, license or authority to erect or maintain
the same, and subject to the conditions and restrictions contained in
such license or authority; but when such license or authority has
been granted and has been acted upon, it shall not be revoked by
said board without the consent in writing of the mayor and of the
commissioners of the sinking fund, after due hearing of such license.
All sheds or structures erected or maintained upon any wharf or
pier in The City of New York, as heretofore known and bounded,
under any license or permit heretofore granted by the department
of docks of said city, or hereafter erected or maintained upon any
wharf or pier in The City of New York, under any license or permit
granted by the board of docks of said city, are declared to be lawful
structures, subject to the terms and conditions of the license or
permit authorizing the same. Such sheds hereafter shall be con-
structed subject to the regulations and under the authority of the
board of docks. Any such owner or lessee of a pier, or of a pier
or bulkhead, or a part thereof, in respect to which the board of docks
shall have granted the license or authority herein specified, shall
be entitled to the use of the premises so owned or leased by them
and no vessel shall be placed in any berth on such pier, or bulk-
head, or part thereof, without the consent of such owner or lessee,
during the continuance of such license. The board of docks shall
have power to build the above structures on any wharf or bulkhead
belonging to The City of New York, and shall have power to lease
the same; and any lessee thereof shall have all the rights and privi-
leges above granted. Provided that all sheds or structures law-
fully erected or maintained at the time this act takes effect upon any
wharf or pier in any part of the territory embraced within The City
of New York, as constituted by this act, are hereby declared to be
lawful structures.
L. 1882, ch. 410, 8 772.
(a) The provisions of this section a license from the department
making it lawful for the owner of docks to erent and maintain si
a pier or bulkhead upon obtaining upon such pier or bulkhead for
for the
$$ 845–848]
405
STOREHOUSES, ETC., ON PIERS.
protection of property received and the direction of public' utility. Peo-
discharged upon the same, and ple v. Baltimore & Ohio R. R. Co.,
legalizing existing structures of the 117 N. Y. 150; rev'g 50 Hun, 192.
kind put up under such a license, (b) A license or authority to erect
are constitutional, as the legisla- a shed upon a pier pursuant to this
ture has power and may delegate' section must be in writing. An
the power to a municipal corpora- oral permission will not be suffi-
tion to withdraw from public use cient. People v. Macy, 22 Hun, 577.
what is, in legal contemplation, a (c) See The Mayor v. Cunard
public highway, and appropriate it Steamship Co., 61 Hun, 346; s. C., 15
to some other or quasi private use, N. Y. Supp. 904; People v. Bostwick,
subject only to the restriction that 5 N. Y. Supp. 79.
the new appropriation shall be in
Wharves, slips, etc., not to be used as dumping grounds.
$ 845. It shall not be lawful to permit the use as a dumping
ground of any wharf, pier or slip, or bulkhead adjacent thereto in
the navigable waters of the East river, in The City of New York,
which has heretofore been used for the loading and discharging
of sailing vessels regularly employed in foreign commerce and hav-
ing a draught of more than eighteen feet of water.
| I. 1882, cl. 410, $ 773.
Storehouses, booths, shops, etc., on sheds not authorized..
$ 846. Nothing in the two preceding sections contained shall be
construed to authorize the erection or maintenance on any pier of
any storehouses, booths, shops, or other structures than the sheds
mentioned in the last section but one, with the proper doors and
gates appertaining thereto, nor to impair any powers conferred upon
the board of docks, except as provided by said section.
| L. 1882, chi 410, 8 774.
Offices abolished.
$ 847. The offices of captain of the port of New York and of
harbor masters of the port of New York are hereby abolished. The
dock masters appointed by the board of docks of The City of New
York, as constituted by this act, shall be vested with all the powers
and shall perform all the duties conferred or imposed upon the
cock masters appointed by the commissioners of docks of The City
of New York, as heretofore known and bounded, by chapter one
hundred and ninety-nine of the laws of eighteen hundred and
eighty-eight and the acts amendatory thereof, and supplementary
thereto.
See L. 1888, ch. 199.
Dock masters; certain powers of.
8848. The dock masters appointed by the board of docks of The
406
REMOVAL OF OBSTRUCTIONS FROM PIERS. [SS 848, 849
City of New York shall be vested with all the powers and perform
all the duties conferred on or imposed upon the harbor masters of
the port of New York by a certain act, entitled, “An act to provide
for the appointment of a captain of the port of New York, and
harbor masters of the port of New York, and defining and regulat-
ing the powers and duties and compensation of said officers, and
repealing chapter four hundred and eighty-seven of the laws of
eighteen hundred and sixty-two,” passed May fourth, eighteen hun-
dred and eighty-three, and known as chapter three hundred and
fifty-seven of the laws of eighteen hundred and eighty-three. Noth-
ing in this section contained shall entitle the said dock masters to
any additional compensation for performing the duties and exer-
cising the powers hereby imposed and conferred. Each of said
dock masters shall personally perform the duties assigned to him
by the board of docks. He shall not appoint any deputy, or assist-
ant, or delegate the powers of his office to any person or persons
whatever. He shall not collect any fees except such as are now
or may be authorized by law, and which shall be specified by the
board of docks. He shall not take or receive, directly or indirectly,
any money, or thing of value, or compensation for his services, or on
account of the exercise of his powers of office, except as now pro-
vided, or which may hereafter be provided, by law and the regula-
tions of the board of docks. Any dock master violating any of the
provisions of this section shall, upon conviction thereof by any
court of record, be punished by a fine of five hundred dollars, and
in addition thereto may, in the discretion of the court, be imprisoned
in the county jail for a term not exceeding thirty days.
See L. 13€3, ch. 357.
Removal of obstructions, etc., from piers, etc.
§ 849. Whenever any pier, wharf, or bulkhead in The City of New
York, shall be incumbered or obstructed in its free use by merchan-
dise, or by any material not affixed to such pier, wharf, or bulkhead,
the board of docks is hereby authorized to require the owner, con-
signee or person in charge of such merchandise or material, to re-
move the same without any unnecessary delay, and the said board
shall have power, from time to time, to make such general rules
and regulations and give such directions as will secure dispatch in
loading and unloading vessels, and the prompt removal of the same
from the piers as soon as completed, and also such as shall be neces-
sary to prevent any unnecessary accumulation of freight or mer:
chandise upon any pier or wharf, while any vessel shall be engaged
in receiving or discharging her cargo; provided, however, that the
88507
407
REMOVAL OF OBSTRUCTIONS ON PIERS.
power hereinbefore conferred shall not be exercised in reference to
any obstruction or incumbrance upon any pier or wharf occupied
by any regular line of steamboats or steampships, or by any railroad
company, except upon the written request of the occupant or lessee
of such pier or wharf.
L. 1ss2, ch. 410, 8 775.
(a) Sheds, buildings, gates and
fences upon piers or bulkheads,
whether consisting of loose mate-
rials or built upon and affixed
thereto, are obstructions incumber-
ing the same, and interfering with
their free (as distinguished from
commercial) use within the meaning
of this section; and the occupants
of piers and bulkheads thus incum-
bered, if they fail to remove the
obstructions after notice, are liable
to the statutory penalty, although
the same were originally placed
there by others. Commrs. of Pilots
v. Erie R. R. Co., 5 Robt. 366, said
to be affirmed by Court of Appeals
in March term, 1869, in 41 N. Y. 619.
(6) The statute intended to com-
mit to the commissioners of pilots
the guardianship entirely of so
much of the highways as bordered
the water, against all nuisances by
incumbrances; and not to separate
persons engaged in commerce from
the rest of the community, so as to
have their interests alone protected.
Commrs. of Pilots v. Erie R. R. Co.,
Ibid.
(c) A notice under this section
will not be vitiated because it em-
braces too much. Commrs. of Pi-
lots v. Erie R. R. Co., Ibid.
Expense of carrying out last section.
$ 850. Whenever the board of docks shall make any order or give
any direction in pursuance of the power conferred by the last pre-
ceding section, it shall be the duty of the owner, consignee or person
in charge of the merchandise, property, or vessel in reference to
which such order or direction is given, to comply with the same
without any unreasonable delay, or, in default thereof, the said
board of docks niay employ such laborers and assistance as may be
necessary to carry out such order or direction, by the removal of
the material, nierchandise, or vessel in reference to which the same
was given; and all expenses actually and necessarily incurred in
effecting such removal shall be paid by the owner, consignee, or
person in charge of the material, merchandise, or vessel so removed,
and the amount thereof shall be a lien upon the same in favor of
the board of docks, and may be enforced in the same manner and by
the same proceedings as liens on vessels are enforced by warrant
of attachment, under and pursuant to the provisions of the act enti-
tled "An act to provide for the collection of demands against ships
and vessels,” passed April twenty-fourth, eighteen hundred and
sixty-two, and all the provisions of said act, so far as the same can
be made applicable, shall apply to the liens hereby created; and the
said board shall, for the purposes of this section, be deemed a
reditor of said owner, consignee or person in charge, and each of
nem, for the amount of the expenses so incurred, and may have and
408
[S$ 851, 852
STORAGE OF OBSTRUCTIONS.
maintain an action against them, or either of them, to recover the
same.
L. 1882, ch. 410, $ 776.
Removal of obstructions, continued.
$ 851. Whenever any pier or bulkhead or marginal street, wharf
or place in The City of New York, shall be incumbered, or its free
use interfered with by merchandise, lumber, trucks, wagons or any
other obstruction, whether of loose materials or built upon or
affixed to the pier or bulkhead or marginal street, wharf or place
without authority of law, it shall be the duty of the board of docks
to notify the person or persons placing or keeping such merchan-
dise or other obstructions on such pier or bulkhead or marginal
street, wharf or place, to remove such merchandise or other obstruc-
tions within twenty-four hours after such notice; and in case of
failure to comply with such notice and to remove such merchandise
or obstruction, the person or persons so notified shall be liable to
pay to the board of docks the sum of twenty-five dollars for each
and every day during which such merchandise or obstruction shall
remain on such pier or bulkhead or marginal street, wharf or place.
And the board of docks shall have power, in its discretion, to remove
any merchandise, lumber, trucks, wagons or any other obstruction
so incumbering any pier or bulkhead, or marginal street, wharf or
place, and to store the same in a warehouse or other proper recep-
tacle, and a sum equal to the amount of the expenses of removal,
together with the charges for storage, shall be paid by the owner of
such merchandise to the board of docks, and shall be a lien on such
merchandise until paid.
| L. 1882, ch. 410, 8 777.
(a) Where the officers of the city
give notice to the owner of goods
to remove the same from a public
pier, on or before a day certain, he
is entitled to the whole of the day
in which to remove the same; and
if they remove the goods to the
public yards before the expiration
of the time, they will be held liable
in trespass. Coddington v. White,
2 Duer, 390. See Vandewater V.
City of New York, 2 Sandf. 258.
Storage of obstructions.
$ 852. Whenever merchandise discharged from a vessel and
incumbering a bulkhead or pier, in the port of New York, shall
not, in the judgment of the said board of docks, be of sufficient
value to pay the expenses of removal and storage, as provided in
the last preceding section, such merchandise shall be removed and
stored at the expense of the owner, consignee, or master of the ship
or vessel from which such merchandise shall have been discharged.
L. 1882, ch. 410, $ 778.
88 853, 854) CANAL BOATS AND BARGES.
409
Unclaimed merchandise to be advertised.
$853. At the expiration of every six inontis it shall be the duty
of said board of docks to advertise for one week in the City Record
and the corporation newspapers the merchandise, lumber, trucks,
wagons or other obstruction which they have stored and which
has remained unclaimed, setting forth the marks and numbers of
each package, or parcel, the description of the merchandise, or
material, the pier whence such merchandise was removed, and the
date of such removal, and if any of such merchandise or material
so advertised shall remain thereafter unclaimed for three months,
said board of docks may then sell the same, after further advertise-
ment for one week in the City Record and the corporation news-
papers, at public auction, to the highest bidder, to pay the expenses
which have been incurred on such merchandise, lumber, trucks,
wagons or other obstruction, and the remainder shall be held in
trust by the said board for the owner or owners thereof, for twelve
months, when, if not claimed, it shall be paid over to the commis-
sioners of the sinking fund.
L. 1862, ch. 415, 8 779.
Canal boats; territory appropriated to.
§ 854. All that part of the water adjacent to the wharves of The
City of New York, as heretofore known and bounded, from the
west side of pier number three, to and including the east side of
pier number eight, East river, shall hereafter from the twentieth
day of March to the thirty-first day of December in each year, be
set apart, kept, and reserved for the exclusive use and accommo-
dation of canal boats and barges engaged in the business of trans-
porting property on the Hudson river, or coming to tide water
from the canals of the state, arriving in said city from the city of
Albany or any part or place north or west thereof, and for the
use of lighters engaged in loading or unloading such boats or
barges; and it shall be the duty of the board of docks and of all
officers who now are or hereafter shall be empowered by law, or
bj any ordinance of The City of New York, as constituted by this
act, to regulate or station ships and vessels in the harbor of said
city, to prohibit and prevent all other boats, ships, or vessels from
entering any of the slips or approaching or lying at any of the
Wharves between the piers aforesaid, during the period above speci-
ned, when such slips of the wharves connected therewith shall be
required for the use and accommodation of the canal boats and
barges hereinbefore mentioned; and the said board of docks, or
her officers, aforesaid, shall assign such other accommodations
410
OCCUPATION OF UNAUTHORIZED WATERS. [SS 855,856
for said canal boats and barges in other parts of the port of New
York, as may, from time to time, be necessary in receiving oi dis-
charging their cargoes.
L. 18Sĩ, ch. 410, 8 789.
(a) The provision of this section
reserving certain piers for the ex-
clusive use of Hudson river canal
boats and barges is a mere police
regulation of the business of the
harbor, not depriving the owners of
the wharves to which it relates of
any rights or privileges, nor sub-
jecting it to new uses, and, there-
fore, is not in violation of the con-
stitutional prohibition that no per-
son shall be deprived of his prop-
erty without due process of law.
Roosevelt v. Godard, 52 Barb. 533.
See Vanderbilt v. Adams, 7 Cowen,
349; Cushing v. The John Fraser,
21 How. (U. S.) 184. See cases cited
under § 716, ante.
Derricks for unloading canal boats authorized.
$ 855. It shall be lawful for the proprietors O. any regular line
of canal boats or barges using the waters within the limits afore-
said, or any other limits to which they may be assigned, as pro-
vided in the preceding section, to erect and maintain upon any of
the piers, or wharves adjacent thereto, suitable derricks, to be used
by said proprietors and their employes in loading and unloading
said canal boats and barges; no derrick or structure so erected shall
be deemed an obstruction or incumbrance upon such pier or wharf,
within the meaning of any statute or ordinance prohibiting the
incumbering or obstructing any such pier or wharf, or authorizing
the removal of obstructions or incumbrances upon the same.
L. 1882, ch. 10, $ 790.
Occupation of waters by ships not entitled thereto.
$ 856. Whenever any portion of the waters mentioned in the
last section but one shall be occupied by any ship or vessel not
entitled to occupy the same according to the provisions of that
section, and the proprietor or proprietors or person in charge of
any of the canal boats or barges specified in said section, shall
desire to use the berth or slip occupied by such ship or vessel, it
shall be the duty of said board of docks, upon the request of the
proprietor or consignee or person in charge of said canal boat of
barge forthwith to remove such ship or vessel as far as may be
necessary to accommodate such canal boat or barge. If the said
board of docks to which such request is made shall neglect or refuse
to comply with the same, the members thereof shall, for each such
neglect, or refusal, jointly forfeit and pay to the proprietor or pro-
prietors of the canal boat or barge, in reference to which request
was made, the sum of fifty dollars, to be sued for and recoveren
MAN
88 857-859] DOCKS AND PIERS FOR GARDEN PRODUCE. 411
by and in the name of such proprietor or proprietors, for his or their
use and benefit in any court of competent jurisdiction.
L. 1882, ch. 410, $ 791.
Failure to remove when ordered; penalty.
$ 857. Any person in command or in charge of any ship or vessel
which the board of docks is authorized and required to remove, as
specified in the last preceding section, who shall neglect or refuse
to comply with any order or direction of the said board in reference
to the removal thereof, or who shall resist or obstruct the removal
of such ship or vessel, shall, for every such offense, forfeit and pay
the sum of fifty dollars, to be sued for and recovered, with costs, by
and in the name of said board of docks in any court of competent
jurisdiction.
L. 1882, ch. 410, 8 792.
Certain docks and piers set apart for garden produce.
$ 858 The docks, piers and bulkheads on the Hudson river from
Gansevoort street to Little West Twelfth street, shall be set apart
by the board of docks, or such department as shall have control
thereof, and kept for the use of boats, barges and other vessels
engaged in the business of transporting farm and garden produce,
at such rates of wharfage as have been, or shall be lawfully estab-
lished, and said board of docks, or other department, having con-
trol of said docks, piers or bulkheads may, from time to time,
when said docks, piers or bulkheads are not in actual use for the
purposes above mentioned, allow the same to be used for other and
additional purposes, and they are hereby authorized and empow-
ered at any such time to designate and appropriate any or all of said
docks, piers or bulkheads for any public or general use, and suclı
designation or appropriation shall be subject at any time to revoca-
tion by said board or department making the same.
| L. 1882, ch. 410, 8 797.
Wharfage and dockage rates enumerated.
9859. It shall be lawful to charge and receive, within The City of
New York, wharfage and dockage at the following rates, namely:
from every vessel that uses or makes fast to any pier, wharf, or
blilkhead, within said city or makes fast to any vessel lying at such
pier, wharf or bulkhead, or to any other vessel lying outside of
Ich vessel, for every day or part of a day, except as hereinafter
provided, as follows: From every vessel of two hundred tons bur-
and under, two cents per ton; and for every vessel over two
412
[S 859
WHARFAGE AND DOCKAGE RATES.
hundred tons burden, two cents per ton for each of the first two
hundred tons burden, and one-half of one cent per ton for every
additional ton, except that, save as hereinafter provided, vessels
known as North river barges, market boats and barges, sloops
employed upon the rivers and waters of this state, and schooners
exclusively employed upon the rivers and waters of this state shall
pay for every such vessel under the burden of fifty tons, at the rate
of fifty cents per day; for every such vessel of the burden of fifty
tons, and under the burden of one hundred tons, at the rate of sixty-
two and one-half cents per day; for every such vessel of the burden
of one hundred tons, and under the burden of one hundred and
fifty tons, at the rate of seventy-five cents per day; for every such ves-
sel of the burden of one hundred and fifty tons, and under the burden
of two hundred tons, at the rate of eighty-seven and a half cents
per day; and for every such vessel of the burden of two hundred
tons, and under the burden of two hundred and fifty tons, at the
rate of one hundred cents per day; for every such vessel of the bur-
den of two hundred and fifty tons, and under the burden of three
hundred tons, at the rate of one hundred and twelve and a half cents
per day; for every such vessel of the burden of three hundred tons,
and under the burden of three hundred and fifty tons, at the rate of
one hundred and twenty-five cents per day; for every such vessel
of the burden of three hundred and fifty tons, and under the burden
of four hundred tons, at the rate of one hundred and thirty-seven
and a half cents per day; for every such vessel of the burden of four
hundred tons, and under the burden of four hundred and fifty tons,
at the rate of one hundred and fifty cents per day; for every such
vessel of the burden of four hundred and fifty tons, and under the
burden of five hundred tons, at the rate of one hundred and sixty-
two and a half cents per day; for every such vessel of the burden of
five hundred tons, and under the burden of five hundred and fifty
tons, at the rate of one hundred and seventy-five cents per day; for
every such vessel of the burden of five hundred and fifty tons, and
under the burden of six hundred tons, at the rate of one hundred and
eighty-seyen and one-half cents per day; for every such vessel of
the burden of six hundred tons and upwards, to pay twelve and
a half cents, in addition for every fifty tons in addition to the rate
last mentioned, for every day such ship or vessel shall use or be
made fast to any of the said wharves; but no boat or vessel over
fifty tons burden shall pay less than fifty cents for a day or a part
of a day, and the class of sailing vessels now known as lighters
shall be at one-half the first above rates. Every other vessel mak-
ing fast to a vessel at any pier, wharf, or bulkhead within said city,
L
ES 859, 860] RATES ON CLAM AND OYSTER VESSELS.
413
or to another vessel outside of such vessel, or at an anchor within
any slip or basin, when not receiving or discharging cargo or bal-
last, one-half of the first above rates; and from every vessel or
floating structure, other than those above naned, or used for trans-
portation of freight or passengers, double the first above rates,
except that floating grain elevators shall pay one-half the first above
rates; and every vessel that shall leave a pier, wharf, bulkhead, slip
or basin, without first paying the wharfage or dockage due thereon,
after being demanded of the owner, consignee, or person in charge
of the vessel, shall be liable to pay double the rates established by
this section.
L, 1882, ch. 410, $ 708.
(a) The wharves and picrs of the
city of New York are deemed to be
streets of the city, and subject to
the free passage of all citizens; and
wharfage is not due to the lessees,
unless a vessel be made fast to the
wharf, or to another ship already
fastened thereto; they are not en-
titled to compensation for any
other use of the wharf, e. g., the
passing and repassing over the
wharf of persons employed in re-
moving a sunken wreck. Taylor v.
Atlantic Mutual Insurance Co., 37
N. Y. 275. To same effect, Gluck v.
Ridgewood Ice Co., 31 N. Y. State
Rep. 99; S. C., 9 N. Y. Supp. 254.
(b) As to when a vessel “ uses or
makes fast” to a pier within mean-
ing of this section, so as to be lia-
ble for wharfage, see Birchall V.
Barge No. 6, 27 Fed. Rep. 472; The
Geo. E. Berry. 25 Id. 780 ; The Alli-
anca, 56 Id. 609; The Francesca, T.,
9 Ben. 34.
(C) The tonnage regulating the
rate of wharfage means the regis-
bered, not the gross, tonnage. The
Craigendoran, 31 Fed. Rep. 87.
(d) To entitle a wharfinger to
double wharfage under this section,
there must be proof of a demand
(not necessarily aboard the vessel)
of single wharfage before the ves-
sel departs from the pier. The
Shady Side, 23 Fed. Rep. 731; The
Francesca T., 9 Ben, 34; The Vir-
ginia Rulon, 13 Blatchf. 519.
(c) This act applies to foreign
vessels. The Craigendoran, 31 Fed.
Rep. 87.
F) The provisions of this section
are intended to regulate the entire
subject of wharfage in the city of
New York, and to cover and include
every class of floating structure.
An oyster barge is a vessel or float-
ing structure within its meaning.
Flandreau v. Elsworth, 9 Misc. Rep.
340; S. C., 29 N. Y. Supp. 694.
(g) The owner or lessee of a pier
cannot maintain a claim for wharf-
age against a vessel attached to an
adjacent pier, although it occupies
the greater part of the slip between
the piers. Walsh V. New York
Floating Dry Dock Co., 77 N. Y.
448; affi'g 8 Daly, 387.
Id.; on vessels in clam or oyster trade.
9860. Vessels of two hundred tons burden, and under, which shall
be actually engaged in the clam or oyster trade, and which shall
lake fast to any pier, wharf or bulkhead within The City of New
sork, shall pay one and one-half cents per ton per day, and every
such vessel which shall make fast to another vessel lying at any
such pier, wharf or bulkhead, or to any vessel lying outside of such
vessel, or that shall anchor within any slip or basin in said city
I pay one cent per ton per day; provided, however, that no ves-
414
RATES ON BOATS CARRYING BRICKS. 189 860, 861
sel shall pay less than twenty-five cents nor less than one day's
wharfage, nor shall more than one day's wharfage be charged unless
for a continuous use of the pier, wharf, bulkhead, slip or basin of
more than twenty-four hours. The board of docks may grant per-
mits for vessels or floating structures engaged in the oyster busi-
ness, and used for the receipt, preparation and opening of oysters
and other shell-fish to remain continuously moored to or at any of
the docks, piers and bulkheads within The City of New York, not
otherwise specifically appropriated by law to the sole use of other
kinds of commerce, upon such terms as to wharfage and otherwise,
and subject to such regulations as said board may prescribe. All
permits so granted by such board shall be subject at any time to
revocation by it. Upon any such permit being granted the person
or persons, or corporation receiving the same, shall be entitled to
moor such vessels or floating structures, continuously and until
such permit shall be revoked, to or at the dock, pier or bulkhead
designated in such permit for that purpose subject to the terms of
suich permit; provided, however, that where The City of New York
is not the owner of the dock, pier or bulkhead designated in such
permit, the consent of the owner or owners of the same, or of the
person or persons entitled to collect wharfage therefrom, shall have
been obtained.
L. 1882, ch. 410, $ 709.
Id.; canal boats and vessels carrying brick.
$ 861. Every canal boat, and every vessel engaged in freighting
brick on the Hudson river occupying a berth next to any pier,
wharf, or bulkhead in The City of New York, and engaged in deliv-
ering cargo upon said pier, wharf, or bulkhead, or receiving cargo
therefrom, shall pay wharfage at the rate of fifty cents for every
day or part of a day while so engaged; but when unloaded such
canal boats or vessels aforesaid shall pay wharfage at the rate of
thirty cents per day or part thereof; but no canal boat or vessel
lying in any slip between two adjacent piers shall be required to
pay full wharfage to the owners or lessees of both said piers for
the same day, notwithstanding such canal boat or barge may,
during said day, have changed her location between said piers;
provided that they shall pay one-half rates to each owner or lessee
when they have changed their locations between said piers; and
the word “day," whenever it occurs in this and the last preceding
section, shall be taken and construed to mean twenty-four hours.
L. 1882.ch, 410, $ 800.
S$ 862–864] WHARFAGE RATES AND BILLS.
415
TAIT
Rates for goods, etc., remaining on pier or wharf.
$ 862. It shall be lawful for the owners or lessees of any pier,
wharf, or bulkhead within The City of New York, to charge and
collect the sum of five cents per ton on all goods, merchandise, and
niaterials remaining on the pier, wharf, or bulkhead owned or
leased by him, for every day after the expiration of twenty-four
hours from the time such goods, merchandise, and materials shall
have been left or deposited on such pier, wharf, or bulkhead, and
the same shall be a lien thereon.
1. 1882, ch. 410, § 801.
.
(a) This provision authorizing a
charge specified for goods remain-
ing on a wharf for every day after
the expiration of twenty-four hours
from time of landing, cannot be
construed as prohibiting the owner
of a private wharf from contract.
ing for the landing or deposit of
goods upon his wharf on such
terms as might be agreed upon, or
as requiring him to store goods for
any time without compensation.
Woodruff v. Havemeyer, 106 N. Y.
129.
(6) An action at law will lie to
recover the wharfage rates pro-
vided by this section. Hastorf v.
Kelly, 9 Daly, 403.
(c) A wharfinger who has allowed
part of a shipment to be taken has
a lien on the balance for the wharf-
age upon the whole. Robinson v.
Springfield Iron Co., 39 Hun, 634.
Rates to be printed in wharfage bills.
§ 863. It shall be the duty of every person owning or having
charge of any pier, wharf, bulkhead, or slip in The City of New
York, to cause to be printed on the backs of all bills, presented by
them for wharfage, section eight hundred and fifty-nine of this act,
and the owner, consignee, or person in charge of any vessel shall
not be required to pay the wharfage or dockage due on such vessel,
unless upon his demand the bill printed in conformity with this
section is presented to him. Any person owning or having charge
of any pier, wharf, bulkhead, or slip as aforesaid, who shall receive
for wharfage any rates in excess of those now authorized by law,
shall forfeit to the party aggrieved treble the amount so charged as
damages, to be sued for and recovered by the party aggrieved.
| L. 1882, cỏ. 410, $ 802.
(a) In order to recover treble
damages for excessive wharfage
under this section, it must appear
that the place at which the charge
was made was within the class of
pers, Wharves, etc., to which the
act applies; if the charge was made
for the use of private property,
e. g., the upland lying between a
bulkhead and the street, the dam-
ages cannot be recovered. Murphy
v. Voorhis, 14 Weekly Dig. 230.
What waters included in port of New York.
$ 864. The port of New York, wherever the same is mentioned
of referred to in this chapter, shall be deemed and taken to include,
416
[SS 864-867
CANAL BOAT TERRITORY.
unless otherwise expressly stated, all the waters of the North river
and East river and the harbor embraced within or adjacent to or
opposite to the shores of The City of New York, as constituted by
this act.
L. 1882, ch. 410, $ 803.
Additional accommodations for canal boats.
§ 865. The board of docks shall, in addition to the piers and
waters especially assigned thereto by law, assign such accommo-
dations for canal boats and barges engaged in the business of
transporting property on the Hudson river, or coming to tide
water from the canals of the state, or arriving in said port from
Albany or any place north or west thereof, as may from time to
time be necessary in receiving and discharging their cargoes.
L. 1882, ch. 410, $ 804.
Penalty for vessels wrongfully entering canal boat territory.
$ 866. No vessel, other than canal boats, barges or lighters
receiving or delivering property from or to said canal boats or
barges, shall use or enter into for the purpose of using any part of
the port of New York set apart for the use of canal boats and
barges without the written consent of the board of docks had and
obtained therefor, and then only between the first day of January
and twentieth day of March in each year, and when not occupied
by canal boats, under a penalty of one hundred dollars for every
day that such vessel shall remain in said part of said port so set
apart after being notified to leave by the said board, and said
penalty shall be a lien upon any such vessel, and be enforced by
proceedings against it, instituted by and in the name of the said
board of docks, according to the provisions of the laws of this
state concerning attachments against vessels.
L. 1882, ch. 410, 8 805.
Powers of dock masters to assign and regulate stations for vessels;
penalties for refusing to obey directions.
$ 867. Each dock master appointed by the board of docks shall
have power, within the district assigned to him, subject to the
other provisions of this act, to provide and assign suitable accom-
modations for all ships and vessels, and regulate them in the sta-
tions they are to occupy at the wharves or in the stream, and to
remove from time to time such vessels as are not employed in
receiving or discharging their cargoes, to make room for such other
as require to be more immediately accommodated for the purpose Ol
$8 867-870]
417
DUTY OF DOCK MASTERS.
receiving or discharging their cargoes, and shall have power to
determine as to the fact of their being fairly and in good faith
employed in receiving and discharging their cargoes, and shall have
authority to determine how far and in what instance it is the duty
of the master and others having charge of ships and vessels to
accommodate each other in their respective situations. And if
any master or any person having charge of any vessel, canal boat,
barge or lighter, shall refuse or neglect to move his vessel, canal
boat, barge or lighter, when ordered to do so by a dock master, or
shall resist or forcibly oppose said officer in the discharge of his
duties, such master or persons so refusing, neglecting, resisting or
opposing, shall, for every offense, forfeit and pay the sum of fifty
dollars to be recovered with costs of suit, by and in the name of the
board of docks before any court having 'cognizance thereof.
| L. 1882, ch. 410, $ 807.
(a) It seems that the discretion
vested in the dock master to re-
move a vessel from a particular
berth is complete and unlimited;
and although hemay exericse itin an
unreasonable and oppressive man-
ner, a court has no power to relieve
a party from the penalty incurred
by disobeying his direction. The
Mayor v. Ryan, 2 E. D. Smith, 368.
To same effect, The Mayor v. Rice,
4 Ibid. 604.
False personation of dock masters.
§ 868. Any person who shall falsely represent himself to be
a dock master, or wrongfully perform the duties of dock master,
shall be deemed guilty of a misdemeanor, and upon conviction
thereof, shall be imprisoned in the county jail for a term not exceed-
ing sixty days, and fined, in the discretion of the court, a sum not
exceeding twenty-five dollars.
L. 1882, ch. 410, 8 808.
Violations to be reported.
$ 869. It shall be the duty of the dock masters appointed by
the board of docks to report to said board all violations of any of the
provisions of this chapter, and of the rules and regulations of the
board of docks. which may come to the knowledge of said dock
masters, or which may be known to them by complaint or otherwise.
Floating docks authorized.
870. It shall be lawful for the floating docks of the New York
balance Dock Company and of the New York Floating Dry Dock
Company, to be used, with the consent of the owners of the piers
Dulkheads, respectively occupied for such use, or of the persons
: Chtitled to collect wharfage for such piers or.bulkheads, for the
27
418
GRANTS OF LAND UNDER WATER. [SS 876, 87
purpose of taking up ships and vessels for repair, coppering or
finishing, in the manner heretofore practiced in the port of New
York, subject to the authority established by this act to regulate
by ordinance the use of the slips, piers and wharves of The City of
New York.
L. 1882, ch. 410, $ 811.
1
TITLE 3.
GENERAL PROVISIONS.
Sec. 876. Grants of land under water restricted.
877. Time for improving lands adjacent to water on Harlem river.
878. Dumping snow and ice from piers.
879. Injuries to vessels lying at exterior end of wharf.
880. Certain substances not to be dumped in port of New York.
881. Scows to receive ashes, etc., from steam tugs and vessels.
Grants of land under water restricted.
$ 876. No grants of land under water shall be made by the munic-
ipal assembly of The City of New York, or by any officer, board, or
department thereof, beyond the exterior lines of The City of New
York, as fixed by an act of the legislature, passed April seventeenth,
eighteen hundred and fifty-seven, entitled, “An act to establish
bulkhead and pier lines for the port of New York," as amended
by subsequent act, unless as expressly authorized by acts passed
subsequent thereto.
(a) The grantee of a grant from (6) What structure constitutes &
the State of land under water takes pier, with reference to the right of
it subject to the right of the State an adjoining pier to be built under
to regulate the use of the granted the act of 1857, determined. Stevens
premises in the interest of the pub- v. Rhinelander, 5 Rob. 285.
ſic and for the protection of com- (c) The sinking of a crib or pier
merce and navigation; held, in the outside of the line fixed by the law
case of a grant before the act of - of 1857 cannot be authorized by the
1857, which contained no words ex- city authorities, but is a purpres.
cluding the control by the State of ture or nuisance, irrespective. Ou
the water above the land granted, question whether any injury arises
that the grantee could not erect therefrom or not. People v. Vana
piers beyond the line fixed by the derbilt, 26 N. Y. 287, affi'g 38 Barb.
act. People v. N. Y. & S. I. Ferry 282. To same effect, Kingsland
Co., 68 N. Y. 71. See Matter of N. The Mayor, 110 N. Y. 569, 582.
Y. Central R. R. Co., 77 Id. 248.
Time for improving lands adjacent to water on Harlem river.
$ 877. The period of time fixed for the appropriation to the pur
poses of commerce by the construction of a dock or docks, a
filling in the same, in all letters patent issued by the people of
state of New York to the owners of the adjacent upland for la
$$ 877-880]
419
DUMPING FROM PIERS, ETC.
under water and between high and low water mark in front of and
adjacent to the lands of the said owners of the adjacent upland on
the easterly shore of the Harlem river, is extended until two years
after the time when plans for the improvement of said river shall
have been or shall be completed by the proper authorities, and
copies of such plans, filed, one in the office of the register of the
county of New York, and one in the office of the secretary of state
at Albany.
Dumping snow and ice from piers.
§ 878. It shall be lawful for the commissioner of street cleaning
to cause to be dumped, or authorize to be dumped, snow and ice
between the piers near their inshore ends, into the waters of the East
and North or Hudson rivers.
Injuries to vessels lying at exterior end of wharf.
$ 879. It shall not be lawful for any vessel, canal boat, barge,
lighter or tug to obstruct the waters of the harbor by lying at the
exterior end of wharves in the waters of the North or East river,
except at their own risk of injury from vessels entering or leaving
any adjacent dock or pier; any vessel, canal boat, barge, lighter or
tug so lying shall not be entitled to claim or demand damages for
any injury caused by any vessel entering or leaving any adjacent
pier.
Certain substances not to be dumped in port of New York.
$ 880. The placing, discharging or depositing, by any process or
in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings,
sludge acid, or any other refuse matter, floatable or otherwise, in
the tidal waters of the port of New York as defined by this act,
except under permit of the United States supervisor of the harbor,
is hereby strictly forbidden, and every person violating the fore-
going provisions shall be deemed guilty of a misdemeanor, and on
conviction thereof shall be punished by a fine of not more than two
hundred and fifty dollars nor less than five dollars, or imprisonment
for not more than six months nor less than ten days, one-half of
said fine to be paid to the person or persons giving information
Which shall lead to the conviction of such misdemeanor.
(a) A principal is not liable to a
party incurred by his servant in
wilful disobedience of his orders,
and hence where a party dredging
out a slip had instructed his ser-
vant
not to clump the dredgings in-
side the prohibited area, which in:
structions were disregarded, held,
that the former was not liable for
the penalty stated in this section.
Commrs. of Pilots v. Pidgeon, 23
Hun, 346.
(6) See Commrs. of Pilots v.
Frost, 4 Daly, 353; Same v. Dick, 5
Id. 391.
420
[$ 881
ASHES, ETC., FROM VESSELS.
Scows to receive ashes, etc., from steam tugs and vessels.
$ 881. The various scows employed by The City of New York, or
by the contractors for removing ashes, garbage and refuse of said
city, while moored at the various dumping boards of said city are
hereby designated and required to receive directly any and all
ashes or rubbish from any steam tug or steam vessel in the harbor,
and in addition to the foregoing provisions two or more scows shall
be located at such points within the harbor as the supervisor of
the harbor may direct for the special use of boats and vessels wish-
ing to discharge ashes or rubbish.
CHAPTER XVII.
TAXES AND ASSESSMENTS.
TITLE I. DEPARTMENT OF TAXES AND ASSESSMENTS; POWERS AND
DUTIES.
2. ASSESSMENTS FOR LOCAL IMPROVEMENTS OTHER THAN
THOSE CONFIRMED BY A COURT OF RECORD.
3. VACATING AND MODIFYING ASSESSMENTS FOR LOCAL
IMPROVEMENTS OTHER THAN THOSE CONFIRMED BY A
COURT OF RECORD.
4. OPENING STREETS AND PARKS.
5. SALES OF LANDS FOR TAXES, ASSESSMENTS AND WATER
RATES.
TITLE 1.
DEPARTMENT OF TAXES AND ASSESSMENTS, POWERS AND DUTIES.
Sec. 884. One of the departments of the city.
885. Department, how composed; term and salaries.
886. Devolution of power.
887. Deputy tax commissioners; how appointed; their duties, term
of office and salary.
888. Apportionment of deputy tax commissioners among the bor-
oughs.
889. Deputy tax commissioners; duties of in assessing taxable prop-
erty.
890. Offices of the department in the boroughs.
891. Surveyor.
892. Annual record of assessed valuation; what to contain and when
to be open for examination and correction.
893. Annual record of assessed valuation of real and personal estate
of corporations to be kept in main office.
894. Assessed valuation of personal property; how to be entered.
895. Applications for correction of assessment.
896. When assessed valuation may be increased or diminished.
897. Power of the board to remit or reduce a tax.
098. Applications for revision and cancellation of assessment in the
several boroughs; when and how made.
Deputy tax commissioners to make up aggregate amount of
assessed valuation in the boroughs.
d. Comptroller to submit to municipal assembly a statement show-
ing the amounts necessary to be raised.
900
422
[S 884
DEPARTMENT OF TAXES AND ASSESSMENTS.
Sec. 901. Special provision for taxes of 1897-1898.
902. How county charges and expenses in New York, Kings and
Richmond counties and that part of Queens county within
the city are to be paid.
903. Permits for buildings, etc.; copies of to be sent to the depart-
ment of taxes and assessments.
904. Exemptions.
905. Exemptions, continued.
906. Certiorari to review final determination of the department.
907. When assessment-rolls to be made and delivered to the munici-
pal assembly.
908. Meaning of the words “Board of taxes and assessments” in this
chapter; majority clause.
909. Assessment-rolls to remain in custody of municipal assembly.
910. Id.; duties of municipal assembly respecting.
911. Corrected roll to be delivered to receiver of taxes.
912. Penalty for municipal assembly's neglect.
913. Where taxes due and payable.
914. Receiver of taxes to give public notice.
915. Rebate for prompt payment.
916. Interest on unpaid taxes.
917. Id.; continued.
918. Duty of receiver where taxes remain unpaid on the first of
November following the delivery of assessments and warrants.
919. Public notice to be given by receiver after December first in
each year.
920. Undivided parts of taxes; payment of.
921. Corporations; tax for, how collected.
922. Daily statement of taxes received to be rendered to cham-
berlain.
923. Receiver's account of taxes received; how to be kept.
924. Penalty for failure to report to chamberlain.
925. Provision in case of sickness.
926. Collection of unpaid personal tax by distress, and sale.
927. Id.; may add costs of distress and sale.
928. Id.; sale to be advertised.
929. Id.; disposition of surplus.
930. Enforcing payment of personal taxes; fine may be imposed.
931. Id.; order to prosecute; when operates as assignment of bond.
932. Id.; cases to be sent to corporation counsel.
933. Id.; duties of corporation counsel.
934. Court to dismiss proceedings if satisfied that taxes on personal
property cannot be paid.
935. Counsel to keep register, etc.
936. Receiver; when may sue for personal taxes.
937. Unpaid taxes and assessinents, levied prior to January first,
eighteen hundred and ninety-eight; special provision.
One of the departments of the city..
$ 884. The department of taxes and assessments shall be one
the departments in said city.
$$ 885–887] BOARD OF TAXES AND ASSESSMENTS.
423
Department, how composed; term and salaries.
$ 885. The head of the department of taxes and assessments shall
be called the board of taxes and assessments. Said board shall
consist of a president, who shall be designated in his appointment,
and four other persons, one of whom at least shall be a person
learned in the law, who shall be called commissioners of taxes and
assessments. The president, unless sooner removed, shall hold his
office for the term of six years, and until his successor shall be
appointed and has qualified. The other commissioners shall, unless
sooner removed, hold their respective offices for the term of four
years, and until their successors shall be appointed and have quali-
fied. The commissioners first appointed under this act shall hold
office by designation of the mayor for terms of one, two, three and
four years, respectively. The commissioners thereafter appointed
shall hold office for the term of four years. The salary of the presi-
dent shall be eight thousand dollars a year, and the salary of each
of the other commissioners seven thousand dollars a year.
| L. 1882, ch. 410, 88 43, 52; L. 1894, ch. 747.
Devolution of power.
$ 886. All of the rights, powers and duties heretofore devolved
by law upon the board of taxes and assessments in The City of New
York, upon the department of assessment of the city of Brooklyn,
and upon like departments, boards or officers of taxes and assess-
ments other than for street improvements in the other municipal
and public corporations or parts of municipal and public corpora-
tions consolidated by this act with the municipal corporation known
as the mayor, aldermen and commonalty of The City of New York
are hereby devolved, unless otherwise herein expressly provided,
lipón and vested in the board of taxes and assessments in The City
of New York.
Deputy tax commissioners; how appointed; their duties, term of office
and salary.
$887. The board of taxes and assessments shall appoint persons
to be known as deputy tax commissioners, not exceeding forty in
number, who shall perform, under the direction and supervision
of the board of taxes and assessments, such duties as the said
Dcard shall prescribe. The said board shall give such directions
to the deputy 'tax commissioners as it shall think expedient to
cute in all the boroughs and parts of the city equality of valuations
of property for the purposes of taxation. Such deputy tax commis-
whers shall hold their office during the pleasure of the said hoard
424
[SS 887-890
DEPUTY TAX COMMISSIONERS.
of taxes and assessments, and shall be subject to removal by the
said board as deputies in the other city departments. The number
of deputy tax commissioners above prescribed may from time to
time be increased by the appointment of the board of taxes and
assessments, provided such increase is authorized by the board of
estimate and apportionment. The salary of each of said deputy
tax commissioners shall be fixed by the board of taxes and
assessment.
L. 1982, ch. 410, $ 813.
Apportionment of deputy tax commissioners among the boroughs.
§ 888. In making the appointments of the deputy tax commis-
sioners the head of the department of taxes and assessments shall
apportion such appointments as nearly as may be, among persons
residing in the several boroughs created by this act, according to
the population of the several boroughs; and the persons perform-
ing similar duties in the several boroughs, when this act takes
effect, shall, so far as the board shall deem them fit and competent,
be preferred for the said appointments first to be made hereunder.
Deputy tax commissioners; duties of, in assessing taxable property.
$ 889. It shall be the duty of the deputy tax commissioners, under
the direction of the board of taxes and assessments, to aşsess all
the taxable property in the several districts that may be assigned
to them for that purpose by said board, and they shall furnish to
the said board, under oath, a detailed statement of all such property,
showing that said deputies have personally examined each and
every house, building, lot, pier, or other assessable property, giving
the street, lot, ward, town and map number of such real estate
embraced within said districts, together with the name of the owner
or occupant, if known; (also, in their judgment, the sum for which
said property under ordinary circumstances would sell), with such
other information in detail relative to personal property or other-
wise, as the said board may, from time to time require. Such depu-
tieś shall commence to assess real and personal estate on the first
Tuesday of September in each and every year.
L. 1882, ch. 410, $ 814.
Offices of the department in the boroughs.
$ 890. There shall be an office of the department of taxes and
assessments in the borough of Brooklyn, a like office of the depart
ment in the borough of Queens, à like office of the department
the borough of Richmond, and a like office of the department i
S$ 890–892]
425
SURVEYOR TO MAKE MAPS.
1
the borough of The Bronx; at which the duties of the department
of taxes and assessments pertaining to the assessment of property
in the said several boroughs shall, under the direction of the board
of taxes and assessments, be performed by such number of the
deputy tax commissioners or other employes of the department
of taxes and assessments as the said department may decide to
be necessary and assign to such duties. Such offices shall in law
be a part of the main office, and the main office of the department
of taxes and assessments shall be maintained in the borough of
Manhattan. The books, maps, assessment-rolls, files and records
pertaining to the department of taxes and assessments of the
municipality heretofore designated as the mayor, aldermen and
commonalty of The City of New York, of the department of assess-
ment of the city of Brooklyn and of each and every of the like
offices in any of the municipal and public corporations, or parts
of municipal and public corporations consolidated by this act with
the municipal corporation of the mayor, aldermen and commonalty
of The City of New York, shall be delivered into and thereafter be
in the custody and control of the department of taxes and assess-
ments hereby constituted, to be kept in such of the offices of the
said department as may be most convenient to the taxpayers and
suitable to the proper discharge of the business of such department,
and shall be public records, and at all reasonable times open to
public inspection.
| L. 1882, ch. 410, 8 812.
Surveyor.
$ 891. The said department of taxes and assessments shall appoint
a surveyor from one of the city surveyors, whose. duty it shall be
to make necessary surveys and corrections of the ward maps, and
also to make all new maps which may be required for the more accu-
rate assessment of real estate within the territory consolidated by
this act with the municipal corporation known as the mayor, alder-
men and commonalty of The City of New York. He shall hold
his office at the pleasure of the department of taxes and assessments,
alld may have such assistants as the said department may decide to
be necessary and provide.
L. 1882, ch. 410, 8 815.
Annual record of assessed valuation; what to contain and when to be
open for examination and correction.
8892. There shall be kept in the several offices established by the
department of taxes and assessments, books to be called “The
426 ANNUAL RECORD OF ASSESSED VALUATION. [S$ 892, 893
annual record of the assessed valuation of real and personal estate
of the borough of in which shall be entered in detail the
assessed valuations of such property within the limits of the sev-
eral boroughs of The City of New York, as established by this act,
which said books shall be open for examination and correction from
the second Monday in January until the first day of May, in each
year; but on said last mentioned day the same shall be closed to
enable the board of, taxes and assessments to prepare assessment
rolls of the several boroughs for delivery to the municipal assem-
bly. The said board previous to and during the time the said
books are open as aforesaid for inspection, shall advertise the fact
in the City Record, and in the corporation newspapers and in such
other newspaper or newspapers published in the several boroughs
created by this act as may be authorized by the board of city
record; provided, however, that for the year eighteen hundred and
ninety-eighit it shall be sufficient if said books be kept open from the
first Monday of February to the first day of May of that year.
I. 1882, ch. 410, § 817.
Austen v. Hudson River Telephone
Co., 73 Hun, 98; People ex rel.
Schaeffler V. Barker, 87, Id. 194;
Matter of Babcock, 115 N. Y. 450;
Smith v. Cornell, 111 Id. 554; Mc.
Mahon v. Beekman, 65 How. Pr.
427.
(a) The taxable status of prop-
erty is determined by its condition
on the second Monday of January,
and any changes occurring subse-
quent to that time do not author-
ize the commissioners to do any-
thing more than to revise the
valuation. An individual not liable
upon that day cannot be placed upon
the assessment-roll thereafter; and
a person whose name is properly
upon the roll cannot be assessed
for property subsequently ac-
quired; nor can any name already
on the roll be exempted from as-
sessment; neither does death ex-
onerate the personal liability.
Clark v. Norton, 49 N. Y. 243; Sis-
ters of St. Francis V. The Mayor,
51 Hun, 355; affi'd in 112 N. Y. 677;
Association for Colored Orphans,
etc. v. The Mayor, 104 Id. 581;
(6) The legislature may release
property which has been assessed
for taxation, and this power may
be exercised in any way and at any
time during and before the com-
pletion of the proceedings for taxa.
tion. People ex rel. A. B. Society
v. Commissioners, 142 N. Y. 348.
(c) A tax sale is not void be-
cause the books were not open for
correction under this section on
May 1. Clarke v. The Mayor, 55 N.
Y. Super. (J. & S.) 259.
(d) See cases cited under § 906,
post.
Annual record of assessed valuation of real and personal estate of cor-
porations to be kept in main office.
§ 893. The department of taxes and assessments shall cause to be
prepared and kept in the main office of the department of taxes and
assessments, books to be called “ The annual record of the assessed
valuations of real and personal estate of corporations,” and it shall
be the duty of the deputy tax commissioners in the several districts
in the several boroughs which may be assigned to them for that pur-
pose by the board of taxes and assessments, to furnish to the depart-
S$ 893, 894) ANNUAL RECORD OF ASSESSED VALUATION. 427
1
ment of taxes and assessments, under oath at their main office, at
the time that such stateinent is filed in any office of the department
of taxes and assessments in any borough other than in the main
office in the borough of Manhattan, a duplicate detailed statement
of the assessable property of corporations, both real and personal,
which said statements of said deputy tax commissioners shall be
entered upon the books to be kept in the main office of the depart-
ment of taxes and assessments, to be known as the “ Annual record
of the assessed valuation of real and personal estate of
corporations."
Assessed valuation of personal property; how to be entered.
§ 894. The assessed valuation of all personal property shall be
entered by said deputy tax commissioners, or by such other per-
sons as may be assigned to that duty by the department of taxes
and assessments in its several offices, in books or rolls, in alpha-
betical order, of the names of persons and corporations subject to
taxation. No tax or assessment shall be void by reason of the name
of the rightful owner or owners, whether individuals or corpora-
tions, of real estate in any of the said boroughs not being inscribed
in the assessment rolls or lists; but in such case no tax shall be col-
lected except from the real estate so assessed. The assessed valua-
tion of all real and personal property of corporations shall be entered
in duplicate in the office in the borough where the same is assessed
and in the main office of the department of taxes and assessments
in the borough of Manhattan.
L. 1882, ch. 410, 8 818.
(a) It is not essential to the va-
lidity of a tax upon land in the
city of New York to have the
name of the owner inserted in the
assessment list; the tax may be
assessed directly upon the land,
properly. describing it. The only
effect of omitting the owner's
name or of inserting the name of
one who is not the owner, is to de-
prive the city of the right to col-
lect the tax from the owner per-
sonally, or out of his personal
property, and to confine its remedy
to the enforcement of the lien upon
the land assessed. Haight v. The
Mayor, 99 N. Y. 280.
(b) An assessment of personal
property against the estate of a de-
cedent is not valid. The assess-
ment should be against the owner
of the property, whether held abso-
lutely or in trust. Haight v. The
Mayor, 99 N. Y. 284; Village of
Sandy Hill v. Akin, 77 Hun, 537; s.
C., 28 N. Y. Supp. 889; Collins v.
City of Long Island, 31 N. Y. State
Rep. 461; s. C., 10 N. Y. Supp. 167.
See Trowbridge v. Horan, 78 N. Y.
439.
(c) An assessment for personal
property against executors or ad-
ministrators by name “as admin-
istrators, etc., of the estate of” is
not an assessment against the es-
tate, but against the administra-
tors as such, and is valid. Mc-
Lean v. Horn, 62 Hun, 622; S. C., 42
N. Y. State Rep. 329.
(d) The fact that an assessment
of personal property of a lunatic
is entered in the annual record un-
der the initial of the lunatic's
name is sure
name is sufficient to show that the
of
428
[$ 895
CORRECTION OF ASSESSMENTS.
assessors intended to assess the
lunatic, and such assessment is not
invalidated by the addition of the
name of the committee and his
place of business, as such additions
are mere surplusage. People ex
rel. U. S. Trust Co. v. Barker, 50
N. Y. State Rep. 741.
(e) See People ex rel. Schaeffler
V. Barker, cited under § 906, post.
Applications for correction of assessment.
§ 895. During the time that books shall be open to public inspec-
tion as aforesaid, application may be made by any person or corpo-
ration claiming to be aggrieved by the assessed valuation of real or
personal estate, to have the same corrected. If such application be
made in relation to the assessed valuation of real estate, it must be
made in writing, stating the ground of objection thereto. The
board of taxes and assessments shall examine into the complaint, as
herein provided, and if in their judgment the assessment is erro-
neous they shall cause the same to be corrected. If such applica-
tion be made in relation to the assessed valuation of personal estate,
the applicant shall be examined under oath by a commissioner of
taxes and assessments or a deputy tax commissioner, as herein pro-
vided, who are hereby authorized to administer such oath, and if the
assessment as hereinafter provided be determined by the board of
taxes and assessments to be erroneous, it shall cause the same to be
corrected, and fix the amount of such assessment as the board of
taxes and assessments may believe to be just, and declare its decision
upon such application within the time and in the manner hereinafter
provided. But the commissioners of taxes and assessments may,
during the month of May in any year, act upon applications for the
reduction of assessments upon either real or personal property filed
in their offices on or before the thirtieth day of April preceding, and
cause the amount of any assessment as corrected by the board of
taxes and assessments to be entered upon the assessment-rolls for
the year in which such correction may be made.
| L. 1882, ch. 410, 8 820.
(a) The proceedings of the com-
missioners in making assessments.
for the purposes of taxation, and in
levying taxes based on such assess-
ments, are judicial in their nature,
and their determination is conclu-
sive in all cases where collaterally
questioned, and can only be re-
viewed by the courts in direct pro-
ceedings by certiorari. Swift v.
City of Poughkeensie: Bank of
Commonwealth v. The Mayor: Peo-
ple v. Wall Street Bank, cited un-
der $ 822, post: Barhyte v. Shep-
herd, 35 N. Y. 238; Genesee Valley
Nat. Bk. v. Supervisors, 53 Barb.
223; Buffalo & State Line R. R. V.
Board of Supervisors, 48 N. Y. 93,
100; Vose v. Willard, 47 Barb. 320.
(6) A party who neglects to ap-
ply to the tax commissioners to
correct the assessed valuation, un-
der this section, cannot question it
on certiorari under & 906. People
ex rel. Mutual Únion Telegraph
Co. v. Commissioners of Taxes, 9
N. V. 254: People v. Wall Street
Rank, 39 Hun, 525; People ex rel.
Central Park R. R. Co. v. Commrs.
of Taxes, 21 N. Y. State Rep. 358.
See cases cited under § 906, ante.
$$ 896, 892] CHANGING VALUATION OR TAX.
429
When assessed valuation may be increased or diminished.
$ 896. The board of taxes and assessment may increase at any
time before the first day of May in each year, or may diminish at
any time before the closing of the books of “ Annual Record,” on
the first day of May in each year, the assessed valuation of any real
or personal estate of any individual or corporation, as in its judg-
ment may be just or necessary for the equalization of taxation; but
it shall not increase such valuations of the property of any individual
or corporation after said books are opened for correction and review,
except upon notice given to the individual or corporation affected
by such increase at least ten days before the fifteenth day of May in
each year.
L. 1882, ch. 410, $ 819.
(a) The commissioners having
reduced the valuation of an assess
ment, have no power thereafter to
increase such valuation without
the notice required by this section.
People ex rel. Cent. Stamping Co.
v. Barker; 86 Hun, 210; S. C. 66 State
Rep. 474 ; 32 N. Y. Supp. 990.
(6) Bank stock is included with-
in this section, and any increase in
the assessed valuation of the same
after the books are closed, under
§ 892, without giving notice as re-
quired by this section, is unau-
thorized and void. Apgar v. Hay-
ward, 53 N. Y. Super. (J. & S.) 357.
Power of the board to remit or reduce a tax.
$ 897. The board of taxes and assessments is hereby invested
with power to remit where in the opinion of the corporation coun-
sel lawful cause therefor is shown. It may reduce if found exces-
sive, a tax imposed upon real or personal property. It shall require
a majority of the commissioners of taxes and assessinents to remit
or reduce the assessed valuation of personal property, and no tax on
personal property shall be remitted, cancelled or reduced unless the
person aggrieved shall satisfy the board of taxes and assessments
that illness or absence from the city had prevented the filing of the
complaint or making the application to the said board within the
time allowed by law for the correction of taxes. Any remission or
reduction of taxes upon the real estate of individuals or corpora-
tions must be made within six months after the delivery of the
books to the receiver of taxes for the collection of such tax.
| L. 1882, ch. 410, $ 822.
(a) Where an owner places his
entire business in the hands of an
agent, who has full knowledge in
respect thereto, such agent may ap-
pear for the owner, and make the
requisite proof upon an application
for the correction of an assess-
Hient: and if such agent be pre-
vented, by absence from the state
or illness during the proper time
for making the application, it may
be made afterward under this sec-
tion. People ex rel. N. Y. etc. Co.
v. Barker, 140, N. Y. 437.
(6) The commissioners have pow-
er to remit a tax illegally imposed
upon exempt land, if six months
have not elapsed from the delivery
°740, em rel. Nder, this Beat
430
REVISION AND CANCELLATION OF ASSESSMENT. [$ 898
of the books to the receiver of
taxes, and they may be compelled
to do so by mandamus. People ex
rel. Valentine v. Commrs. of Taxes,
17 Abb. N. C. 376, n., affi'd in 41
Hun, 373.
(c) See cases cited under $ 906,
post.
Application for revision and cancellation of assessment in the several
boroughs; when and how made.
§ 898. The board of taxes and assessments from the whole num-
ber of persons appointed as deputy tax commissioners shall for each
of the boroughs wherein one of the offices of the department of
taxes and assessments is established and maintained, designate one
or more deputy tax commissioners, who shall, between the second
Monday of January in each year and the first day of May following,
receive applications for the revision and cancellation of any assess-
ments entered in the books of annual record of the assessed valuation
of real and personal estate in that borough, take testimony on such
applications and reduce the same to writing, and when so reduced
to writing transmit such applications and testimony, with his recom-
niendation, to the board of taxes and assessments at their main
office, in the borough of Manhattan, or to any office of the depart-
ment of taxes in any borough as the board of taxes and assessments
may prescribe. Such deputy tax commissioners as may be desig-
nated for the purposes and as prescribed in this section, are hereby
authorized between the second Monday of January and the first day,
of May to administer oaths for the purpose of taking testimony upon
all applications for the revision or cancellation of assessments, and
they are hereby required and directed to transmit the evidence so
taken and reduced to writing, within ten days after the evidence
upon any application is taken, with their recommendation, as here-
inbefore described. The board of taxes and assessments shall hear
ät their main office all applications of corporations for revision and
cancellation of assessments; and as to all other applications, the said
board may prescribe the time and place of hearing thereof in the
several boroughs and give such public notice thereof in the City
Record and in at least one newspaper in each borough as they may
designate, and the board may make such rules and regulations as
may be appropriate and expedient to the end that the taxpayers of
each borough other than corporations, may have a hearing in the
borough in which they reside or in which their property assessed is
situated. All testimony taken by the board of taxes and assess-
ments by any commissioner or by deputy tax commissioners as
herein prescribed, shall be reduced to writing and shall constitute.
part of the record of the proceedings upon any assessment. The
decision of the board of taxes and assessments, upon any application
88 898-900] DUTY OF DEPUTY TAX COMMISSIONERS.
431
for the revision, reduction or cancellation of any assessment and
upon the evidence taken thereunder, shall, where the evidence is
taken by the board of taxes and assessments be rendered withir
thirty days after the hearing upon such application is closed. And
where the evidence upon any application is taken by any commis-
sioner or a deputy tax commissioner, the determination of the board
of taxes and assessments shall be rendered within thirty days after
the application and the testimony thereunder shall have been filed
with the board of taxes and assessments, at the main office of the
department in the borough of Manhattan.
Deputy tax commissioners to make up aggregate amount of assessed
valuation in the boroughs.
$ 899. It is hereby declared to be the duty of the deputy tax com-
missioners, or of such other persons as may have been assigned to
the charge and direction of any one of the offices of the department
of taxes and assessments in the several boroughs, to compute from
the annual record of the assessed valuations of real and personal
estate in each of the said several offices, the total aggregate amount
of the assessed valuation of real and personal property appearing
on said books for each of the said boroughs on the second Monday
of January in any year, and to transmit a statement of such aggre-
gate amounts of assessed valuations of real and personal property in
the said several boroughs to the department of taxes and assess-
ments at their main office in the borough of Manhattan on or before
the second Monday of January in each year. The board of taxes
and assessments are hereby invested with the power and charged
with the duty before opening the books for the public inspection as
herein prescribed, to fix such valuations of property for the purposes
of taxation throughout The City of New York at such sums as will,
in their judgment, establish a just and equal relation between the
valuations of property in each borough and throughout the entire
city. To this end the board of taxes and assessments is authorized
to require the deputy tax commissioners to transmit a report to
them of the assessed valuation of real and personal property in the
several boroughs at such time prior to the second Monday of
January in each year as the board of taxes and assessments may
prescribe.
comptroller to submit to municipal assembly a statement showing the
amounts necessary to be raised.
8 900. It shall be the duty of the comptroller of said city to pre-
pare and submit to the municipal assembly, at least four weeks
432
DUTY OF COMPTROLLER. [S$ 900, 901
before its annual meeting in each and every year for the purpose of
imposing the annual taxes, a statement setting forth the amounts
hy law authorized to be raised by tax in that year, on account of the
corporation of The City of New York, as hereby constituted, or for
city purposes within said city as created by this act, and purposes for
which said city is liable, and also an estimate of the probable amount
of receipts into the city treasury during the then current year from
all the sources of revenue of the general funds, including surplus
revenue from the sinking funds of the mayor, aldermen and com-
bionalty of the city of New York and of any of the municipal and
public corporations, or parts of municipal and public corporations,
by this act consolidated with the municipal corporation known as
the mayor, aldermen and commonalty of the city of New York,
other than the surplus oi revenues of any such sinking funds for the
payment of interest on the city debt of the municipal corporation
known as the mayor, aldermen and commonalty of the city of New
York, or the like debts of the municipal and public corporations by
this act consolidated as aforesaid, and the said municipal assembly
is hereby authorized and directed to deduct the total amount of such
estimated receipts from the aggregate amount of all the various
sums which, by law, they are required to order and cause to be
raised by tax in said year, for the purposes aforesaid, and to cause
to be raised by tax only the balance of such aggregate amount after
making such deductions.
L. 1882, ch. 410, 8 829.
Special provision for taxes of 1897-1898.
$ 901. Inasmuch as the amounts due in the way of taxes for state
and municipal purposes for the year eighteen hundred and ninety-
eight will have been levied in the boroughs of Brooklyn, Queens
and Richmond, prior to the first day of January, eighteen hundred
and ninety-eight, but not in the city of New York, now, in order to
prevent double taxation of property outside of the limits of the pres-
ent city of New York, for the year eighteen hundred and ninety-
eight, it is hereby provided that in said year eighteen hundred and
ninety-eight the balance so caused to be raised by tax shall be raised
exclusively from property within the limits of the corporation here-
tofore known as the mayor, aldermen and commonalty of the city
of New York; but it is further provided that in case it shall tran-
spire that the amount levied or collected from any borough outside
of the present city of New York, and available to the uses of the
city, as constituted by this act, for the year eighteen hundred an
S$ 901-903]
433
COUNTY CHARGES PAID BY CITY.
ninety-eight, shall be more or less than its due proportion of the
expenses for the year eighteen hundred and ninety-eight of the city
as constituted by this act, such excess or deficit shall be equalized
and adjusted in the budget of the following year; to the end that
each borough shall bear its fair proportion of the expenditures of
the city for the year eighteen hundred and ninety-eight. The
municipal assembly shall have full power, by appropriate ordinances,
to enforce this provision, and is hereby invested with power to make
such equalization and adjustment by different rates of taxation, or
otherwise, in the several boroughs, to the end that taking the years
eighteen hundred and ninety-eight and eighteen hundred and
ninety-nine, together, each borough shall pay. its proper proportion
of the general expenses of the city. for both years.
How county charges and expenses in New York, Kings and Richmond
counties and that part of Queens county within the city are to be
paid.
§ 902. In the statement submitted by the comptroller to the
municipal assembly as above provided in this chapter, he shall each
year include and state specifically theºsum or sums necessary to be
raised to pay during the current year the salaries of the county
officers and the other county charges and expenses in the counties
of New York, Kings, and Richmond, respectively, and the sum or
sums which should be paid for like purposes by that part of Queens
county included within the city; and the municipal assembly is
hereby authorized and directed to levy upon and collect from the
taxable property within each of said counties and part of county,
respectively, the sum or sums so necessary to be raised to pay the
salaries of county officers and other county charges and expenses
of such county or part of county; to the end that each of said coun-
ties and said part of Queens county shall ultimately bear and pay all
expenses necessary to be incurred within the county or part of
county for county as distinguished from city purposes.
Fermits for buildings, etc.; copies to be sent to the department of taxes
and assessments.
8 903. Whenever any permit shall be granted by the proper officer
of the city government as created by this act for the erection of any.
building, pier or bulkhead within said city, a copy of such permit
shall be within five days after its issue furnished by the officer
granting the same to the department of taxes and assessments.
L. 1882, ch. 410, 8 823.
28
434
EXEMPTIONS A
[$ 904
FROM TAXES.
i
Exemptions. :
$ 904. The exemption from taxation of every building for
public worship, and every schoolhouse or other seminary of
learning under the provisions of section four of the tax law,
being chapter nine hundred and eight of the laws of eighteen
hundred and ninety-six, shall not apply to any such building or
premises within the limits of The City of New York, as defined
by this act, unless the same shall be exclusively used for such
purpose, and be exclusively the property of a religious society.
L, 1882, ch. 410, $ 827.
RELIGIOUS SOCIETIES. (a) The
words “religious society," referred
to in this section, construed
to apply only to societies incorpo-
rated under the general law or
some special statute. Church of St.
Monica v. The Mayor, 119 N. Y. 91;
rev'g 55 N. Y. Super. (J. & S.) 160.
(6) Premises used by a religious
society for a school, of which it is
simply the lessee, and not the own-
er, are not exempt from taxation.
Hebrew Free School Ass'n v. The
Mayor, 99 N. Y. 488.
(c) Where a church is sold undera
foreclosure of a mortgage to an in-
dividual, who still permits it to be
used for public worship, it is not
exempt from taxation under this
section; nor can the purchaser
maintain an action to have taxes
levied thereon declared void.
Black v. City of Brooklyn, 51 Hun,
581; S. C., 21 N. Y. State Rep. 966;
4 N. Y. Supp. 78.
(d) Vacant lots, held as a site
for a church to be erected in fu-
ture are not exempt from taxation.
Trinity Church v. The Mayor, 10
How. Pr. 138.
(e) A building belonging to a re-
ligious corporation and used as a
parsonage is not exempt from tax-
ation under this section, although
it stands upon the same parcel of
land as the church edifice, fronting
upon the same street, and separ-
ated from the church by a narrow
space. People ex rel. Hutchinson
v. Collison, 22 Abb. N. C. 52; affi'd
in 53 Hun, 580. But see exemp-
tions under general tax law, L.
1896, ch. 908, § 4, inserted under
$ 905, hnst.
(f) The building of the Young
Men's Christian Association, con-
n Association, con-
taining in the basement a gymna-
sium, bowling alley and bath-room,
above which were twenty-two
rooms, one of which only was de-
voted to public worship, and that
was also used as a lecture hall-is
not exempt from taxation. Y. M.
C. A. v. The Mayor, 113 N. Y. 187,
rev'g 44 Hun, 102.
(g) A building, a portion of
which is used exclusively as a syna-
gogue, and the other portion for
living apartments of the janitor
and also for bathing apartments
accessible to males and females of
the Hebrew race, whether members
of the congregation of the syna-
gogue or not, upon payment of a
pecuniary compensation, is not ex-
empt from taxation; otherwise, if
the baths were administered as a
part of the preparation for receiv-
ing religious instruction of the
congregation only, and the apart-
ments were used exclusively for
public worship. Congregation Kol
Israel v. The Mayor, 52 Hun, 507.
(h) A synagogue is used exclu-
sively for purposes of public wor-
ship, so as to be exempt from taxa-
tion, under this section, although
the janitor lives with his family on
the top floor, paying no rent, and
receiving a salary for his services.
Shaarai Berocho v. The Mayor, 18
N. Y. Supp. 792; S. C., 60 N. Y.
Super. Ct. 479.
ALMSHOUSES - HOSPITALS. (2) The
property of a corporation created
“to provide and maintain a place
of refuge for colored orphans;
where they shall be boarded and
suitably educated," and by whose
“House Rules” religious services
are required to be held each Sun-
day and on certain other days
specified, but no visitors are to be
admitted on Sunday, except unub.
pressing circumstances, by conse
of superintendent, is not exempo
$ 904]
435
EXEMPTIONS FROM TAXES.
under this section (although ex-
empt as an “almshouse" under
1 R. S. 338, § 4, sub. 4, as amended
by L. 1866, ch. 136). Asso. for Col-
ored Orphans v. The Mayor, 104 N.
Y. 581. See further as to exemp-
tion of property from taxation as
an “almshouse,” Western Dispen-
sary y. The Mayor, 56 N. Y. Super.
(J. & S.) 361.
(i) The building of a corpora-
tion organized under L. 1848, ch.
319, for the gratuitous medical and
surgical relief of the poor, which
building is used as a dispensary for
the poor, no fee or return being ex-
acted for medical attendance,
etc., is exempt from taxation,
the use of the property being that
of an almshouse within the mean-
ing of the case of Asso. for Colored
Orphans v. The Mayor, 104 N. Y.
581; affi'g 38 Hun, 593; Western
Dispensary v. The Mayor, 56 N. Y.
Super. (J. & S.) 361; S. C., 4 N. Y.
Supp. 547; 24 N. Y. State Rep. 178.
(k) A corporation established for
the purpose of supporting indigent
persons is not deprived of the right
of exemption under this section as
an “almshouse," by reason of the
fact that under its by-laws an en-
trance fee is charged to those seek-
ing its benefits. Matter of Vassar,
127 N. Y. 1.
(1) The same principle applied
to the case of a hospital, the court
holding that the institution did not
waive its right to exemption from
taxation, because it charged some
persons who are able to pay, or be-
cause certain insignificant articles
of produce had been sold, and the
proceeds applied to the support of
its inmates. People ex rel. N. Y.
Hospital v. Purdy, 58 Hun, 386; S.
C., 12 N. Y. Supp. 307; affi'd 126 N.
Y. 679.
EDUCATIONAL INSTITUTIONS. (112)
The “schoolhouse" referred to in
nevised Statutes mentioned in this
section is the public common
school. Chegaray v. The Mayor, 13
N. Y. 220, overruling dictum in
Same v. Jenkins, 5 Id. 376; Ass'n
for Colored Orphans v. The Mayor,
104 N. Y. 581, affi'g 38 Hun, 593.
. (n) The owner of a private dwell-
Ing is not exempt from taxation
under this section by reason of the
Tact that he has leased the prem-
ises to the board of education for
use as a public school. People ex
rel. Rorke v. Assessors, 32 Hun,
457.
(0) A building erected for the
use of and occupied as a private
boarding school is not exempt from
taxation under this section. Che-
garay v. The Mayor, 13 N. Y. 220.
(p) Premises used exclusively as
a parochial school under the man-
agement of the pastor of a Roman
Catholic church are not a “school-
house" within the meaning of this
section Church of St. Monica v.
The Mayor, 119 N. Y. 91, rev’g 55
N. Y. Super. (J. & S.) 160.
(q) Property used and occupied
as a medical college, hospital and
free dispensary for women is not
exempt, as it is not exclusively
used as a seminary of learning.
People ex rel. Medical College for
Women v. Campbell, 93 N. Y. 196.
(r) The provisions of the Revised
Statutes exempting from taxation
the lot on which buildings devoted
to educational purposes are situ-
ated refers to the whole lot on
which such buildings are placed
without reference to its value or
size; and when such lot is wholly
devoted to the direct use of the
schools therein mention, either by
supporting its buildings, supplying
its daily wants or contributing the
means of exercise, recreation and
diversion, it is entitled to the ex-
emption thereby created. People
ex rel. The Academy of the Sacred
Heart v. Commrs. of Taxes' and As-
sessments, 6 Hun, 109; affi'd 64 N.
Y. 656; People ex rel. St. John's
college v. Commrs. of Taxes, 10
Hun, 246; People ex rel. The Semi-
nary of Our Lady of Angels v.
Barker, 42 Hun, 27; affi'd 106 N. Y.
669.
(s) A public library free and
open to all is exempt under the Re-
vised Statutes incorporated in this
section. People ex rel. American
Geo. Soc. v. The Mayor, 11 Hun,
505.
(t) The Hebrew Benevolent and
Orphan Asylum 'is exempt from
taxation under this section, as a
house of industry. Hebrew Be-
nevolent and Orphan Asylum v.
The Mayor, 11 Hun, 116.
(u) See cases cited under $ 892,
ante, in relation to property con-
veyed to' a corporation exempted
from taxation under this section
after the taxes for the current year
have been confirmed.
Bery
436
[$ 905
EXEMPTIONS FROM TAXES.
Exemptions, continued.
§ 905. Nothing in this chapter shall affect any existing and valid
exemptions from taxation heretofore created by law respecting any
property, real or personal, within the limits of The City of New
York, as constituted by this act.
Note.—The following property is exempted from taxation by the Tax
Law, ch. 24, of the General Law (L. 1896, ch. 908), § 4:
1. Property of the United States.
2. Property of this State other than its wild or forest lands in the
forest preserve.
3. Property of a municipal corporation of the State held for a public
use, except the portion of such property not within the corporation.
4. The lands in any Indian reservation owned by the Indian nation,
tribe or band occupying them.
5. All property exempt by law from execution, other than an exempt
homestead.
6. Bonds of a municipal corporation heretofore issued for the purpose
of paying up or retiring the bonded indebtedness of such corporation.
7. The real property of a corporation or association organized exclu-
sively for the moral or mental improvement of men or women, or for
religious, bible, tract, charitable, benevolent, missionary, hospital,
infirmary, educational, scientific, literary, library, patriotic, historical or
cemetery purposes, or for the enforcement of laws relating to children or
animals, or for two or more of such purposes, and used exclusively for
carrying out thereupon one or more of such purposes, and the personal
property of any such corporation or association shall be exempt from
taxation. But no such corporation or association shall be entitled to any
such exemption if any officer, member or employe thereof shall receive
or may be lawfully entitled to receive any pecuniary profits from the
operations thereof, except reasonable compensation for services in effect-
ing one or more of such purposes, or as proper beneficiaries of its strictly
charitable purposes; or if the organization thereof, for any of such
avowed purposes, be a guise or pretense for directly or indirectly making
any other pecuniary profit for such corporation or association, or for
any of its members or employes, or if it be not in good faith organized
or conducted exclusively for one or more of such purposes. The real
property of any such corporation or association entitled to such exemp-
tion held by it exclusively for one or more of such purposes, and from
which no rents, profits, or income are derived, shall be so exempt, though
not in actual use therefor, by reason of the absence of suitable buildings of
improvements thereon, if the construction of such buildings or improve-
ments is in progress, or is in good faith contemplated by such corporation
or association. The real property of any such corporation not used
exclusively for carrying out thereupon one or more of such purposes,
kut leased or otherwise used for other purposes shall not be so exempt';
but if a portion only of any lot or building of any such corporation of
association is not used exclusively for carrying out thereupon one of
more of such purposes of any such corporation or association, then such
$ 905]
EXEMPTIONS FROM TAXES.
-437
lot and building shall be so exempt only to the extent of the value of
the portion so used, and the remaining portion of such lot or building
to the extent of the value of such remaining portion shall be subject
to taxation Property held by an officer of a religious denomination
shall be entitled to the same exemptions subject to the same conditions
and exceptions as property held by a religious corporation.
8. Real property of an incorporated association of present or former
volunteer firemen actually and exclusively used and occupied by such
corporation and not exceeding in value, fifteen thousand dollars.
9. All dwelling houses and lots of religious corporations while actually
used by the officiating clergymen thereof, but the total amount of such
exemption to any one religious corporation shall not exceed two thou-
sand dollars. Such exemption shall be in addition to that provided by
subdivision seven of this section.
10. The real property of an agricultural society permanently used by
it for exhibition grounds.
11. The real property of a minister of the gospel or priest who is regu-
larly engaged in performing his duties as such, or permanently disabled,
by impaired health from the performance of such duties, or over seventy-
five years of age, and the personal property of such minister or priest,
but the total amount of such exemption on account of both real and
personal property shall not exceed fifteen hundred dollars.
12. All vessels registered at any port in this State and owned by an
American citizen, or association, or by any corporation, incorporated
under the laws of the State of New York, engaged in ocean commerce
between any port in the United States and any foreign port, are
exempted from all taxation in this State, for State and local purposes;
and all such corporations, all of whose vessels are employed between
foreign ports and ports in the United States, are exempted from all taxa-
tion in this State, for State and local purposes, upon their capital stock,
franchises and earnings until and including December thirty-first, nine-
teen hundred and twenty-two.
18. A bond, mortgage, note, contract, account, or other demand, belong-
ing to any person not a resident of this State, sent to or deposited in this
state for collection; the products of another State, owned by a non-
resident of this State and consigned to his agent in this State for sale
on commission for the benefit of the owner; moneys of a non-resident of
This State, under the control or in the possession of his agent in this
state, when transmitted to such agent for the purpose of investment or
otherwise.
14. The deposits in any bank for savings which are due depositors,
wie accumulations in any domestic life insurance corporation held for the
exclusive benefit of the insured, other than real estate and stocks, now
Hable for taxation; and the accumulations of any incorporated co-
operative loan association upon the shares of such association held by
any person.
15. Moneys collected in the course of the business of any corporation,
sociation or society doing a life or casualty insurance business, or both,
the co-operative or assessment plan, and which are to be used for
payment of assessments, or for death losses or for benefits to dis-
asso
סוג
abled members.
438
[S 905
EXEMPTIONS FROM TAXES.
16. The owner or holder of stock in an incorporated company liable to
taxation on its capital shall not be taxed as an individual for such. stock.
17. The personal property in excess of one hundred thousand dollars
of a mutual life insurance corporation incorporated in this State before
April tenth, eighteen hundred and forty-nine.
New York City Consolidation Act, L. 1882, ch. 410, § 824, as amended,
provides that “the following property in said city shall be exempt from
all taxation in addition to any which may be exempt by virtue of general
laws:
1. Any real estate in actual use as a site or sites for Columbia College.
2. Any real estate now owned or hereafter acquired for the construc-
tion and maintenance of an asylum by the trustees of the Masonic Hall
and Asylum Fund, but such exemption shall continue only so long as
the entire income from the same shall be exclusively used for benevolent
and charitable purposes.
3. The real estate of the National Academy of Design, situate on the
corner of Fourth avenue and Twenty-third street, but such exemption
shall continue only so long as the same shall be devoted exclusively to
the advancement of the fine arts, or to be used as a free school of design.
4. The portion of the property, real and personal, of the Society of the
New York Hospital, a charitable corporation, now owned or hereafter
acquired by it and wherever situated, from which no income is derived,
shall be exempt from taxation so long as the same shall be used exclu-
sively for the purposes for which said society was chartered. (As
amended by L. 1889, ch. 462, amending L. 1875, ch. 466, § 1.)
5. The real estate, which was on June thirtieth, eighteen hundred and
seventy-four, owned by the House of Rest for Consumptives, but such
exemption shall continue only so long as it shall be in actual use for the
purposes of such House of Rest, and such exemption shall be of an
amount not exceeding one hundred thousand dollars in value.
6. The real estate owned by the Home for Incurables, but such
exemption shall continue only so long as the said real estate, or the
income thereof, shall be used exclusively for the purposes for which the
association was incorporated.
7. The property of the Friendly Society of St. Ambrose Church, both
real and personal, to an amount not exceeding fifty thousand dollars in
value, but such exemption shall continue only so long as said property is
actually used for the charitable purposes of the said corporation.
8. The property, both real and personal, of St. Luke's Hospital, Mount
Sinai Hospital, Italian Home and North-Eastern Dispensary, in the city
of New York. (As amended by L. 1895, ch. 825, $ 1.)
9. The real estate owned by the Young Men's Christian Associatiol;
on the southwest corner of Twenty-third street and Fourth avenue, buv
such exemption shall continue only so long as the same, or the inco.
thereof, is used exclusively for the purposes for which the associati
was incorporated.
10. The real and personal property of the Roosevelt Hospital; of th
Presbyterian Hospital; of the Cooper Institute, so long as the same
be appropriated to the uses and purposes set out in chapter two hund
and seventy-nine of the laws of eighteen hundred and fifty-nine; of
Clinton Hall Association to the extent of one hundred and fifty thousan
come
-nine; of the
$ 905]
439
EXEMPTIONS FROM TAXES.
dollars; of the Astor Library; the property of the Merchants' and Clerks®
Library Association of the city of New York to the extent of one-half in
value; the real and personal property of the Woman's Library of the city
of New York; and of the New York City Library Association, provided
that the amount of such exemption shall not exceed one hundred thousand
dollars, and that such exemption shall continue only so long as the
property shall be used for the general purposes and objects specified in
the charter of said association; the real and personal property of the
trustees of the Lenox Library, and of the Mott Memorial Medical and
Surgical Library of the city of New York.
11. The real and personal estate belonging to and used for the chari-
table purpose of the New York Catholic Protectory.
12. The real and personal property belonging to the Children's Aid
Society of the city of New York, and used for the charitable purposes
thereof.
13. The real and personal property belonging respectively to the
Samaritan Home for the Aged of the City of New York, and to the
Hebrew Sheltering Guardian Society of New York, and that held by
them severally under lease from others when the lessee is required to
pay the annual taxes, provided, however, that the value of said property
so exempted shall not exceed fifty thousand dollars for each society;
and such exemption shall continue so long as such property is actually
used for the charitable purposes of said corporation, or either of them,
but such exemption as to said Hebrew Sheltering Guardian Society shall
be only from local taxation. (As amended by L. 1885, ch. 398, p. 690.)
11. The real estate owned by the Ladies' Union Aid Society of the
Methodist Episcopal Church in the city of New York, but such exemp-
tion shall continue only so long as the same, or the income thereof, shall
be used exclusively for the purpose of said corporation.
15. The real and personal property of the Nursery for the Children
of Poor Women, used exclusively for charitable purposes.
16. The real and personal property belonging to the free German
school incorporated September sixth, eighteen hundred and sixty, and
that held by it under lease from others when the lessee is required to
pay the annual taxes; provided, however, that the value of said property
so exempted shall not exceed seventy-five thousand dollars, and such
exemptions shall continue only so long as such property is actually used
Tor the purposes for which said society is incorporated. (As amended
by L. 1885, ch. 374, p. 623.)
17. The real and personal property belonging to the Montefiore Home
201 Chronic Invalids in the city of New York (and that held by it under
lease from others when the lessee is required to pay the annual taxes),
scept for State purposes, but such exemptions shall continue only so
ng as such property is actually used for the charitable purposes of said
corporation. (As amended by L. 1886, ch. 651, p. 932.
19. The real and personal property belonging to the American Fine
Arts Society, and that held by it under lease from others when the lessee
required to pay the annual taxes, but such exemptions shall continue
y so long as such property is actually used for the purposes for which
sad society was incorporated. (As amended by L. 1895, ch. 540, $ 1.)
!: The real and personal property of the New York Mother's Home
be Sisters of Misericorde, so long as the same shall be used exclusively
land
:19
440
CERTIORARI TO REVIEW ASSESSMENTS. [SS 905, 906
for the purposes of said.corporation. (As amended by L. 1895, ch. 845,
$ 1.)
By L. 1884, ch. 348, the real and
personal property of the German
Hospital and Dispensary from
which no income is derived is ex-
empted from taxation as long as
used for charitable purposes. :
By L. 1885, ch. 357, the real and
personal property of the New York
Skin and Cancer Hospital from
which no income is derived is ex-
empted from taxation as long as
used for charitable purposes.
By L. 1886, ch. 253, as amended
by L. 1888, ch. 200, the Hebrew
Sheltering Guardian Society of
New York were authorized to ac-
quire real and personal property
to amount of $250,000, in addition
to amount provided for and sub-
ject to like exemption as enjoyed
above under subdivision 13.
Certiorari to review final determination of the department.
$ 906. A certiorari to review or correct on the merits any final
determination of the board of taxes and assessments shall be allowed
by the supreme court or any justice thereof directed to the commis-
sioners of taxes and assessments on the verified petition of the party
aggrieved, but only on the grounds which must be specified in such
petition, that the assessment is illegal, and giving the particulars of
the alleged illegality, or is erroneous by reason of over valuation,
or in case of real estate, that the same is erroneous by reason of
inequality, in that the assessment has been made at a higher propor-
tionate valuation than the assessment of other real estate on the tax
rolls of the city for the same year, specifying the instances in which
such inequality exists, and the extent thereof, and stating that he is
or will be injured thereby.
L. 1882, ch, 410, 8 821; L. 1885, ch.311.
CERTIORARI UNDER THIS SECTION.
(a) The provision of this section
limiting the review by certiorari
only on the grounds stated therein,
is not violative of first section of the
fourteenth amendment of the Con
stitution of the United States, de-
claring that no State shall deny to
any person within its jurisdiction
the equal protection of its laws,
on the ground that it limits the
right of review of residents of the
city of New York, as distinguished
from inhabitants of other counties
of the State; such constitutional
provision, while it prohibits class
legislation, does not prohibit local
or special legislation. People ex
rel. Second Ave. R. R. Co. v. Cole-
man, 21 N. Y. State Rep. 178; S. C.,
4 N. Y. Supp. 417; People ex rel.
Manhattan R. Co. v. Cõleman, 48
Hun, 602; s. C., 16 N. Y. State Rep.
135.
(6) A person cannot be deprived
of the right to review an assess-
ment on his property, because,
without his fault, the name of a
person not its owner is entered
against it as the owner thereof.
People ex rel. Schaeffler: v. Barker,
87 Hun, 195.
(c) The provision of this section
providing for a review or correc-
tion, on the merits, by certiorari,
of any decision or decisions of the
commissioners of taxes and assess-
ments, does not authorize the court
to review a decision of those off-
cers, upon questions of value or ap:
praisement, where ther proceeded
upon information or evidence tenu
ing to support their decision. Peo:
ple ex rel. E. E. I. Co. v. Barker, 138
N. Y..55; People ex rel. E. G. Co.
Barker, 144 Id. 94; People ex rer
Railroad Company v. Hicks, 105, 1
198.
8 9067
441
CERTIORARI TO REVIEW ASSESSMENTS.
(d) Where the commissioners remedy, but where an assessment
rely on facts not otherwise appear is illegal and void, or where one
ing in the proceeding they must pays money upon an illegal or er-
state them in their, return upon roneous assessment, to prevent an
certiorari. If this is not done, a re illegal seizure of his person or
fusal of the commissioners to de property by one claiming author-
cide in accordance with the evi- . ity to seize the same, the amount
dence furnished by the sworn thereof may be recovered back in
statement of the applicant, consti an action, on the ground that the
tutes legal error. People ex rel. payment was coinpulsory, or by
Edison. Gen. El. Co. y. "Barker, 74 duress or extortion. U. S. Trust
Hun, 418.
Co. v. Mayor, 77 Hun, 182; affi'd in
(e) The office of a writ of certio 144 N. Y. 488. To same effect see
rari, directed to assessors, is simply Swift v. City of Poughkeepsie, 37
to review their action; and if it N. Y. 511; Manley v. The Mayor, 24
appears by the facts conceded on Weekly Dig. 95.
return to the writ, that their deter (i) But if, after the collection of
mination is illegal, a reversal may the tax, it is determined, upon a
not be prevented by suggesting writ of certiorari properly sued out,
on the hearing on return to the that the tax was invalid and it is
writ, that a question not raised, annulled, the city is bound to re-
might have been raised before fund the tax, and is liable in an
them, which would have justified action brought for the purpose.
a decision against the relator. Peo- Bank of Commonwealth v. The
ple ex rel. Brisbane v. Zoll, 97, N. Mayor, 43 N. Y. 184.
Y. 203.
(k) The commissioners under
(f) Upon a certiorari to review an this section are not concluded by
assessinent, the burden is on the a statement by an applicant, that
relator to show error on the part an assessment is erroneous. They
of the assessors. People ex rel. have a right to act upon evidence
Railroad Company v. Smoyer, 24 outside of that furnished by an ap-
Weekly Dig. 95; affi'd in 103 N. Y. plicant. In determining whether a
377; People ex rel. Electric Co. tax is erroneous or not, the com-
V. Campbell, 80 Hun, 466; S. C., 30 missioners are not bound by the
N. Y. Supp. 472; affi'd 145 N. Y. 587; strict rules which govern ordinary
People ex rel. Fargo v. Murphy, 57 judicial proceedings. If they act
Hun, 586; S. C., 10 N. Y. Supp. 377; in good faith upon their best judg-
affi'd in 125 N. Y. 712.
ment, upon reasonable grounds,
(g) A certiorari to review an as and they do not err in the principle
sessment under this section will be of assessment to the prejudice of
dismissed where the assessment the taxpayer, their decision will
rolls have been delivered to the not be overruled. People ex rel.
chamberlain of the city before the E. G. Co. v. Barker, 144 N. Y. 94;
writ was issued. People ex rel. rev'g 81 Hun 22; S. C., 62 N. Y.
Marsh v. Delaney, 49 Ñ. Y. 655; State Rep. 563; People ex rel. Rail-
People ex rel. Weekes v. Supervis road Company v. Hicks, 105 N. Y.
ors of Queens County, 82 Id. 275; 198.
People ex rel. Heiser v. Board of (1) But the discretion vested in
Assessors, 16 Hun, 407; People ex the commissioners is not a capri-
rel. Rosa v. Streeter, 24 Weekly cious and arbitrary one. Where
Dig. 95.
the proofs presented on an ap-
ERRONEOUS AND ILLEGAL ASSESS-
plication are full, uncontra-
MENTS. (h) The distinction between dicted and credible, and show
the contents of a petition, when it the assessment to have been
is sought to review an erroneous erroneous, and it does not appear
or unequal assessment and one that that the commissioners had or
is illegal, stated. People ex rel. acted upon any other information,
Ins. Co. v. Tax Commrs., 83 Hun, 12. they cannot refuse to grant relief.
(i) If the amount of a tax is People ex rel. E. G. I. Co. v. Barker,
simply erroneous, and its payment 144 N. Y. 102.
has not been compulsory, the ex-
UNEQUAL ASSESSMENTS. (m) Un-
clusive remedy is by certiorari, and der the provision in this section
person who fails to avail him- giving a remedy where the valua-
of such proceeding is without . tion is unequal because made “at a
self
442
[$$ 906-907
ASSESSMENT-ROLLS.
higher proportionate valuation” (q) Certiorari will not lie under
than other property on the same L. 1880, ch. 269, to review an assess-
assessment-roll, to entitle a prop ment where it appears that the
erty owner to a reduction from his party aggrieved has failed to apply
assessment where an overvaluation to the tax commissioners to correct
is not established, it is not sufifi the same in pursuance to the pro-
cient simply to show that some visions of this title. People ex rel.
other property of the same descrip- Mutual Union etc. v. Commrs. of
tion is valued on the same roll at Taxes, 99 N. Y. 254; affi'g 31 Hun,
a less proportionate value; it must 568; People ex rel. Railroad Com-
also appear that by reason of the pany v. Adams, 125 N. Y. 471; Peo-
undervaluation of the particular ple ex rel. Telephone Company v.
property with which his own is Dolan, 126 Id. 166; People v. Wall
compared, the claimant will be in Street Bank, 39 Hun, 525; Matter of
jured, i. e., compelled to pay more McLean, 19 N. Y. State Rep. 716.
than his due share of the aggre (r) The right to a writ of cer-
gate tax. People ex rel. Warren tiorari under L. 1880, ch. 269, to re-
v. Carter, 109 N. Y. 576; rev'g s. C., view an assessment against the
46 Hun, 444; People ex rel. Écker personal property of one claiming
son v. Christie, 115 N. Y. 158; Peo to be a non-resident is not lost by
ple ex rel. Allen v. Badgley, 138 N. his failure to appear before the
Y. 314; People ex rel. Wechsler v. assessors for the correction of the
Assessors, 84 Hun, 445; S. C., 32 N. assessment, pursuant to this title.
Y. Supp. 344.
Paddock v. Lewis, 55 Hun, 521; S. C.,
(12) Where the court has found 9 N. Y. Supp. 333.
an assessment to be unequal, upon (s) In proceedings, by certiorari,
certiorari, under L. 1880, ch. 269, it to review an assessment under L.
has the power to fix the amount 1880, ch. 269, it is not material that
for which the property should be . the assessment-roll has passed out
assessed. People ex rel. Eckerson of the assessors' hands, since § 2
v. Christie, 14 N. Y. State Rep. 525; of the statute contemplates that
affi'd in 115 N. Y. 158.
it may be out of their possession
CERTIORARI UNDER L. 1880, CH. when the writ issues. Paddock v.
269. (0) The remedy by certiorari Lewis, 55 Hun, 521; S. C., 9 N: Y.
provided by L. 1880, ch. 269, is ap- Supp. 333.
plicable to assessments made in (t) The omission of the assessors
the city of New York, notwith to give notice, as required by L. ·
standing the provision of this sec 1880, ch. 269, of the completion of
tion. People ex rel. Equitable Gas their roll and its delivery to the
Co. v. Barker, 81 Hun, 22; rev'd on proper officer, prevents the run-
other grounds in 144 N. Y. 94.
ning of the fifteen days, during
(b) The provisions of L. 1880, ch. which application may be made for
269, providing for the review and a writ of certiorari to review an
correction of illegal, erroneous or assessment, and leaves the writ to
unequal assessments, does not ap- be sued out at any time. People
ply to assessments for local im- ex rel. Railroad company v. Hicks,
provements, but relates to town, 105 N. Y. 199.
ward, village or city assessments INJUNCTION. (u) An injunction
imposed upon the whole body of will not lie to restrain the collec-
taxpayers for some general pur tion of an illegal or erroneous tax
pose of taxation. People ex rel. L. upon personal property. Delaware
S. & M. S. R. Co. v. Common Coun & H. C. Co. v. Atkins, 121 N. 1
cil, 38 Hun, 7; affi'd 103 N. Y. 651. 246; affi'g 48 Hun, 456; S. C., 1 N.
Supp. 80.
When assessment-rolls to be made and delivered to the municipal
assembly.
$ 907. Beginning with the first day of May in each year the board
of taxes and assessments shall cause to be prepared from the books
of annual record of assessed valuations of real and personal estate
in the several offices of the department of taxes and assessments 111
$$ 907-9087
443
CUSTODY OF ASSESSMENT-ROLLS.
:
the several boroughs, assessment-rolls for each of said several bor-
oughs, and shall, as soon as such rolls are completed, annex to each
of said rolls their certificates that the same is correct in accordance
with the entries in said several books of record. The rolls so certi-
fied must, on the first Monday of July in each year be delivered by
the board of taxes and assessments to the municipal assembly,
which shall meet at noon on that day at the city hall, or usual place
of meeting, in the borough of Manhattan, for the purpose of receiv-
ing the same, and for the purpose of performing such other duties
in relation thereto as are prescribed by law; except that whenever
said first Monday in July shall fall on a legal holiday, said rolls shall
be delivered by said board of taxes and assessments on the next
succeeding day thereafter to the municipal assembly, which shall
meet at noon on such next succeeding day, at the place and in the
manner and for the purposes hereinafter specified.
L. 1882, ch. 410, 8 828; L. 1892, ch. 42.
Meaning of the words “ Board of taxes and assessments” in this chap-
ter; majority clause.
§ 908. Whenever any act is required or authorized to be done or
any determination or decision made by the board of taxes and
assessments, or any other body or board, then in the absence of
express provision to the contrary, any such act, if done, or any such
determination or decision, if made by a majority of the body or
board shall, within the meaning of this act be held to be the act,
determination or decision of the body or board.
Assessment-rolls to remain in custody of municipal assembly.
§ 909. The tax or assessment-rolls, when finally submitted to the
municipal assembly on the first Monday of July in each year, shall
remain in the custody of said assembly, but the president of the
council may by written permission, permit access to them, and he
is hereby, in the name of the municipal assembly and as its act,
authorized and directed to cause to be properly estimated and com-
puted the taxes annually imposed, and cause the same to be properly
set down or extended in the several assessment-rolls or tax books,
as required by the next section. It shall also be the duty of said
president to cause the items of said taxes to be carefully added, and
to set down the amount of the same therein; and when completed
to deliver the tax books relating to real estate to the collector of
assessments and arrears, in order that the unpaid water rents of each
preceding year may be entered therein. After such completion of
444
[$S 909–911
ASSESSMENT-ROLLS.
the assessment-rolls or tax books it shall be the duty of the city
clerk to procure the proper warrants authorizing and requiring the
receiver of taxes to collect the several sums therein mentioned
according to law, and such warrants need be signed only by the
president of the council and the president of the board of aldermen
and countersigned by the city clerk, and immediately thereafter the
president of the council shall deliver the said assessment-rolls, with
the warrants aforesaid annexed thereto, to the receiver of taxes, at
the same time notifying the comptroller of the amount of taxes in
each book, in order that he may cause the proper sum to be charged
to the receiver for collection.
L. 1882, ch. 410, 8 831.
Id.; duties of municipal assembly respecting.
§ 910. At such annual meeting the municipal assembly must
make such alterations in the description of real property belonging
to non-residents as may be necessary to render such descriptions
comformable to the provisions of law; and if such alterations can not
be made, they must expunge the descriptions of such real property,
and the assessment thereon from the assessment-rolls. They must
also estimate and set down in a fifth column, to be prepared for that
purpose in the assessment-rolls, opposite to the several sums set
down as the valuation of real and personal property, the respective
sums, in dollars and cents, to be paid as a tax thereon, rejecting the
fractions of a cent. They must also add up and set down the aggre-
gate valuations of the real and personal property in the several bor-
oughs as corrected by them; and must transmit to the comptroller
of this state by mail a certificate of such aggregate valuations, show-
ing separately the aggregate amount of the real and personal
property in each borough, as corrected by the municipal assembly.
L. 1882, ch. 410, § 832. See Franklin v. Pearsall, 53 N. Y. Supr. (J. & S.)
271, 274.
Corrected roll to be delivered to receiver of taxes.
§ 911. They must also cause the assessment-rolls of each borough,
when corrected according to law, and finally completed, or a fair
copy thereof, to be delivered to the receiver of taxes in and for the
city on or before the first day of September thereafter, with the
proper warrant or warrants annexed, signed by the president of the
council and the president of the board of aldermen and counter-
signed by the city clerk, directing and requiring him to collect from
the several persons named in the assessment-rolls the several sums
S8 911-915] TAXES WHERE DUE AND PAYABLE.
445
mentioned in the last column of such roll, opposite to their respec-
tive names, and to pay the same from time to time, when so
collected, to the chamberlain of the city.
L. 1882, ch. 410, g 833.
Penalty for municipal assembly's neglect.
912. If the municipal assembly shall willfully refuse or neglect
to perform any of the duties required of them by the two preceding
sections, each member so refusing or neglecting shall forfeit to
The City of New York the sum of five hundred dollars, to be recov-
ered in a civil action; and shall also be punishable for a misde-
nieanor, and upon conviction thereof, shall forfeit his office.
L. 1882, ch. 410, 8 834.
Where taxes due and payable.
§ 913. The receiver of taxes upon receiving the assessment-rolls
and warrants shall immediately cause the assessment-rolls and war-
rants for each of the several boroughs wherein he shall, under the
designation of the municipal assembly, have an office, to be deliv-
ered at and filed in such office, and shall thereafter proceed to
collect and receive said taxes from the several individuals and cor-
porations assessed in the said assessment-rolls in the manner
hereinafter prescribed.
L. 1882, ch. 410, 8 840.
Receiver of taxes to give public notice.
§ 914. The receiver of taxes shall, immediately after he shall have
received the assessment-rolls, give public notice in the City Record
and the corporation newspapers and in such newspaper or news-
papers published in the several boroughs as may be designated by
the board of city record, or in default of any newspaper being pub-
lished in any borough, in such newspaper or newspapers having
a general circulation in such borough as the board of city record
shall direct, that said assessment rolls have been delivered to him
and that all taxes are then due and payable at his office in the said
respective boroughs, and that in case of payment on or before the
hrst day of November thereafter the persons so paying shall be
entitled to the benefits mentioned in the next section.
| L. 1882, ch. 410, 8 841.
Rebate for prompt payment.
9 915. If any person who shall be assessed in any of the said
446
[S$ 915-918
INTEREST ON TAXES. .
assessment rolls shall pay the amount of his taxes on or before the
first day of November, succeeding the delivery of the said assess-
ment rolls and warrants to the said receiver, it shall be the duty of
the receiver or any of his deputies to receive the same, and to deduct
therefrom interest, at the rate of six per centum per annum, between
the day of such payment and the first day of December then next
succeeding
L. 1882, ch. 410, 8 842.
0
Interest on unpaid taxes.
§ 916. If any such tax shall remain unpaid on the said first day of
December, it shall be the duty of the receiver of taxes to charge,
receive, and collect upon such tax so remaining unpaid on that day,
in addition to the amount of such tax, one per centum on the
amount thereof, and to charge, receive, and collect upon such tax so
remaining unpaid on the first day of January thereafter,, interest
upon the amount thereof, at the rate of seven per centum per
annum, to be calculated from the day on which said assessment rolls
and warrants shall have been delivered to the receiver of taxes to
the date of payment; and such increase or percentage shall be paid
over and accounted for by such receiver from time to time, as a part
of the tax collected by him.
L. 1882, ch. 410, 8 843.
Id.; continued.
§ 917. It shall be the duty of the said receiver, in person or by his
deputies, to charge, collect, and receive upon all taxes remaining
unpaid on and after the said first day of January, interest at a rate
of seven per centum per annum, to be calculated from the day on
which the said assessment rolls and warrants shall have been
delivered to the receiver.
L. 1882, ch. 410, $ 844.
Duty of receiver where taxes remain unpaid on the first of November
following the delivery of assessments and warrants.
$ 918. If any taxes of any year shall remain unpaid on the first day
of Novenber next after the assessments and warrants to collect such
taxes have been delivered to the receiver of taxes at his office in the
borough of Manhattan, it shall be the duty of the receiver to give
notice by advertisement for at least ten days in the City Record and
the corporation newspapers, and in such daily paper having a gena
eral circulation in any borough as the board of city record sh
38918–921] COLLECTION OF TAXES.
447
designate, that unless the same shall be paid to him at his office on
or before the first day of December in any such year, he will imme-
diately thereafter proceed to collect such unpaid taxes as.provided
herein.
L. 1882, ch, 410, 8 845; L. 1883, ch. 276.
Public notice to be given by receiver after December first in each year.
§ 919. The receiver of taxes shall immediately after the first day
of December, in each year, give public notice in the City Record, and
the corporation newspapers, and in such daily paper having a gen-
eral circulation in any borough as the board of city record may
designate, at least ten days, notifying all persons or corporations
who have omitted to pay their taxes to pay the same to him at his
office in the borough of Manhattan, or to his several deputies in
the several boroughs.
L. 1882, ch. 410, $ 846.
Undivided parts of taxes; payment of.
· § 920. If a sum of money in gross has been or shall be taxed
upon any lands or premises, any person or persons claiming any
divided or undivided part thereof may pay such part of the sum of
money so taxed, also of the interest and charges due or charged
thereon, as the said comptroller may deem to be just and equitable;
and the remainder of the sum of money so taxed, together with the
iriterest and charges, shall be a lien upon the residue of the land and
premises only, which residue may be sold to satisfy the residue of
such tax, interest, or charges, in the same manner as though the
residue of said tax had been imposed upon the residue of said lands
or premises.
L. 1882, ch. 410, 8 847. See Koehler v. Hughes, 4 Misc. 236; S. C., 21 N, Y.
Supp. 760.
Corporations; tax for, how collected.
$ 921. The said receiver of taxes shall proceed in enforcing the
collection and payment of taxes against corporations or associations
and their officers and directors, or trustees, in the same manner as
against individuals; such taxes shall be paid out of the funds of the
company and shall be ratably deducted from the dividends of those
stockholders whose stock was taxed, or shall be charged upon such
stock, if no dividends he afterward declared.
L. 1882, ch. 410, 8 848; L. 1892, chu 58.
1) The residence of a corpora- place of filing its certificate of in-
on the purposes of taxation corporation. Where the statute
be inferred from the mere under which it was organized 'does
448
ACCOUNTS OF RECEIVER OF TAXES. [$$ 921-923
not fix its residence or require the
location of its principal place of
business to be stated in the cer-
tificate, its residence is deemed
to be where its principal place of
business is actually situated. Aus-
ten v. Westchester Telephone Co.,
8 Misc. 11; Austen v. Hudson River
Telephone Co., 73 Hun, 96.
Daily statement of taxes received to be rendered to chamberlain.
§ 922. The receiver of taxes shall enter into suitable books, to
be kept by him for that purpose, the sums received by him for taxes,
and at the expiration of the office hours for each day, and before
three o'clock thereof, shall render a statement of the same to the
chamberlain and at the same time on each day pay over to said
chamberlain the amount received on such day; he shall also there-
upon receive from the said chamberlain a voucher for the payment
of such sums, which he shall forthwith, on the same day, exhibit to
the comptroller of the said city. But the duty by this section
imposed may, in respect to the borough of Brooklyn, be discharged
by the deputy receiver of taxes and the deputy chamberlain located
in the borough of Brooklyn, and likewise by similar deputy officers
for the borough of The Bronx, the borough of Queens, and the
borough of Richmond.
L. 1882, ch. 410, 8 849.
Receiver's account of taxes received; how to be kept.
$ 923. It shall be the duty of the receiver, and of deputy receiv-
crs, from time to time to enter in a column, to be made for that
purpose, upon the assessment-rolls in his possession, opposite to
the names of the persons mentioned therein, and who shall pay
their tax, as aforesaid, to the receiver of taxes, personally or by
deputy, the fact of such payment, the amount thereof, and the day
when paid, and to enter into suitable books, to be kept for that pur-
pose, on each day such payment, and the names of the parties
respectively on whose account the same were paid; and at the expi-
ration of the office hours, and on the same day, he shall furnish to
the comptroller of the said city, personally or by deputy, a detailed
statement of such sums of the borough for which received, and the
tiames of the parties respectively on whose account the same have
been paid, which shall be filed by the said comptroller in his office.
The comptroller shall, on each day, immediately after receiving
from said receiver or deputy the statement, compare the same wi
a youcher furnished to him by the chamberlain for the paymen
thereof to the chamberlain, and if the aggregate amounts there
shall correspond, shall credit the said receiver of taxes in his book
with such amount.
L. 1882, ch. 410, $ 850.
88 924-9267 COLLECTION OF TAX BY DISTRESS.
449
Penalty for failure to report to chamberlain.
$ 924. If the receiver of taxes, or any deputy receiver shall on
any day, omit or neglect to furnish to the chamberlain or to the
comptroller, respectively, the statements and vouchers required by
law, or to make the daily payments hereinbefore prescribed, it shall
be the duty of the comptroller forthwith to suspend from office the
party delinquent. In case of such suspension, the comptroller shall
appoint a suitable person to perform the duties of the officer so sus-
pended, who shall continue to act as such officer, with all the
powers conferred upon him by this title, until the parties suspended
shall be restored, or another person shall have been appointed.
On making such temporary appointment, the comptroller shall be
required to take from the party so appointed a bond, with two
sufficient sureties, to be approved by the chamberlain, and filed with
the said comptroller, in such penal sum as the said chamberlain may
deem just, conditioned for the faithful performance of the duties of
the office during the continuance of the person so appointed therein;
· and all the provisions of this title prescribing the duties of the
receiver of taxes, and the deputy receiver, shall apply to the person
or persons so appointel in their stead by the comptroller.
L. 1882, ch. 410, $ 851. See People v. Taylor, 4 Parker Cr. Rep. 158.
Provision in case of sickness.
§ 925. In case of inability of the receiver to perform the duties of
his office by reason of sickness or absence from the city, the comp-
troller shall designate some suitable person to perform the duties of
his office during such inability or absence, and shall, in his discre-
tion, take from such person a bond, with sufficient sureties, in the
manner prescribed in the preceding section.
L. 1882, ch. 410, 8 852.
Collection of unpaid personal tax by distress and sale.
$ 926. It shall be lawful for the said receiver, if any tax for per-
sonal property and the interest thereon, as hereinbefore provided,
shall remain unpaid on the fifteenth day of the month of January,
succeeding the receipt by him of the rolls, to issue his warrant under
his hand and seal directed to any marshal commanding him to levy
the said tax, with interest thereon at the rate of seven per centum
per annum from the day of the delivering of the assessment-rolls
and warrants to the said receiver to the time when the same shall be
paid by distress and sale of the goods and chattels of the person
against whom the said warrant shall be issued, or of any goods and
Chattels in his or her possession, wheresoever the same shall be
29
450
[SS 926-928
SALES FOR TAXES.
found within the said city, and to pay the same to the said receiver,
and return such warrant within thirty days after the date thereof.
For the purposes of this section the jurisdiction .of the marshal is
co-extensive with The City of New York. The comptroller of The
City of New York, however, may from time to time as may be
necessary to insure prompt collection of said tax, extend or renew
such warrant, but no single extension or renewal thereof shall in
any event exceed sixty days.
L. 1882, ch. 410, 8 853; L. 1883, ch. 276.
(a) The provision of this section is
not in conflict with the provision
of the State Constitution (art. 1,
§ 6), declaring that no person shall
be deprived of property “without
due process of law," and prohibit-
ing the taking of private property
“for public use without just com-
pensation.” Hersee v. Porter, 100
N. Y. 403.
(6) The provision of this section
authorizing a tax collector to levy
an unpaid tax “by distress and
sale of the goods and chattels of
the person who ought to pay the
same, or of any goods or chattels
in his possession,” refers to actual,
physical, and not merely legal or
constructive possession, and an
actual possession by the consent of
the owner, although unaccompa-
nied by any ownership in the pos-
sessor, is a possession within the
meaning of the statute. Hersee v.
Porter, 100 N. Y. 403.
(c) The rightful possessor of
goods, unlawfully seized under a
tax warrant against another for
the collection of the tax, may
maintain an action for their recov-
ery. Dubois v. Webster, Y Hun,
375. See Coie v. Carl, 82 Hun, 360;
S. C., 31 N. Y. Supp. 565.
(d) The rightful possessor of
goods and chattels taken under a
warrant against another need not
demand their return before bring-
ing an action in replevin. Coie v.
Carl, 82 Hun, 360.
(e) The possession of a boarder
in a house or hotel of the furniture
in a room occupied by him is not
such as authorizes a seizure for
taxes assessed against such. board-
ers. Denton v. Carroll, 4 App. Div.
532; S. C., 40 N. Y. Supp. 19.
Id.; may add costs of distress and sale.
§ 927. In all cases where the said receiver shall proceed by dis-
tress and sale of the goods and chattels of any person for the pay-
ment of any tax due and payable, it shall be lawful for him to
authorize and empower the officer making such distress and sale to
collect, in addition to the tax and the interest thereon, the costs of
such distress and sale, which costs shall be in addition to any dis-
bursements five cents for every dollar collected to the amount of one
hundred dollars, and two and one-half cents for every dollar
collected over one hundred dollars.
L. 1882, ch. 410, $ 854.
Id.; sale to be advertised.
$ 928. The marshal to whom a warrant for the collection of any
tax is issued shall give public notice at the time and place of sale
of any property distrained by virtue thereof, and of the property to
$S 928–930] FINE FOR NON-PAYMENT OF TAX.
451
be sold, at least six days previous to the sale, by advertisements to
be posted up in at least three public places in the ward where such
sale shall be made. The sale shall be by public auction.
L. 1882, ch. 410, $ 855.
(a) For the manner of conduct-
ing a sale of personal property un-
der this section see Shimer V.
Mosher, 39 Hun, 153.
(6) Officers when proceeding un-
der tax warrants are liable for ex-
cessive sales. When enough has
been sold to satisfy the tax, the
sale of any more is a trespass. Den-
ton v. Carroll, 4 App. Div. 532; 40
N. Y. Supp. 19.
Id.; disposition of surplus.
$ 929. If the property distrained shall be sold for more than the
amount of the tax, the surplus shall be returned to the person in
whose possession such property was when the distress was made,
if no claim be made to such surplus by any other person. If any
other person shall claim such surplus, on the ground that the prop-
eity sold belonged to him, and such claim be admitted by the person
for whose tax the same was distrained, the surplus shall be paid to
such owner; but if such claim be contested by the person for whose
tax the property was distrained, the surplus moneys shall be
retained by the said marshal until the rights of the parties shall be
judicially determined.
L. 1882, ch. 410, $ 856.
Enforcing payment of personal taxes; fine may be imposed.
§ 930. In case of the refusal or neglect of any person to pay any
tax imposed on him for personal property, if there be no goods or
chattels in his possession upon which the same may be levied by
distress and sale according to law, and if the value of the property
assessed shall be the sum of one thousand dollars, the said receiver,
if he has reason to believe that the person taxed has debts, credits,
choses in action, or other personal property not taxed elsewhere in
this state, and upon which the levy can not be made according to
law, may thereupon, in his discretion, make application to the
supreme court, within one year from the date of the return of the
warrant by the marshal, to enforce the payment of such tax. The
court may impose a fine for the misconduct mentioned in this sec-
tion, sufficient in amount for the payment of the tax assessed, and
ten dollars, costs of motion, together with expenses of the proceed-
Ings authorized by this title, to enforce such payment or to punish
such misconduct; and the amount of such tax shall be paid out of
uch fine to the said receiver, who shall pay over the same in like
452
PROSECUTION OF BOND FOR TAX. [Sš 930, 931
.
manner as the tax was required to be paid; and costs and expenses
of such proceedings shall be paid out of such fine to the said
receiver who made the application to enforce the payment of the tax.
| L. 1882, ch. 410, 8 857.
(a) It is not necessary that the Lean, 19 N. Y. State Rep. 716; s. C.,
receiver of taxes should make a de- 3 N. Y. Supp. 45; Matter of McLean
mand for payment from the per- v. Jephson, 41 Hun, 479; rev'd 123
son taxed before instituting the pro- N. Y. 142, on another point; Mat-
ceedings provided by this section, ter of McLean, 6 N. Y. Supp. 230.
as the provision is in the alterna (d) In a proceeding to enforce
tive, and the proceedings can be payment of personal taxes the de-
commenced as well where there fendant cannot go behind the re-
has been a “neglect” as where turn of the marshal and prove its
there has been a "refusal” to pay falsity. The remedy in all such
the tax. (Distinguishing McLean cases is by an action against the
v. N. Y. & S. B’klyn F. & S. Co., 60 officer for a false return. Matter of
Hun, 80.) Matter of McLean v. McLean, 62 Hun, 1; S. C., 41 N. Y.
Brown, Supreme Ct., Spec. Term, State Rep. 879.
N. Y. Law Journal, May 13, 1891. (e) However, while a person sub-
(6) An application by the re- ject to taxation in a particular
ceiver of taxes under this section place may be held liable for an
is a special proceeding, and costs erroneous assessment if he fails to
are taxable as provided by the Code obtain a correction of same as pro-
of Civil Procedure, $ 3240. McLean vided by law, a non-resident hav-
v. Jephson, 13 N. Y. Supp. 834. ing no taxable property in such
(c) Where a party takes no ex- locality and no just reason to sup-
ception to the amount of a tax in pose that he has been taxed, is
the manner and within the time not bound by the tax, but may as-
limited by statute it should be sail the same as invalid in a pro-
deemed conclusive, and the party ceeding brought by the receiver for
upon whose property it rested is '. collection under this section. Mat-
precluded from questioning or de- ter of McLean v. Jephson, 123 N. Y.
nying the regularity or legality of 142, rev'g 41 Hun, 479.
the proceedings. Matter of Mc-
Id.; order to prosecute; when operates as assignment of bond.
$ 931. Whenever any bond taken under the proceedings referred
to in the last preceding section shall be ordered to be prosecuted,
such order shall operate as an assignment of the bond to the said
receiver, who shall be authorized to prosecute the same in any court
of record, in his name as such receiver, as the assignee of the officer
to whom the bond was given, in the same manner as in other actions
on bonds with conditions to perform covenants other than for the
payment of money; and the measure of damages in such action
shall be the extent of such tax, and the costs and expenses of the
proceedings to enforce the payment thereof, and shall be applied
and paid in like manner as the fine mentioned in the next preceding
section is therein directed to be applied and paid, and in all such
actions, if the plaintiff recovers, he shall recover all costs against the
defendant.
L. 1882, ch. 410, $ 858.
$$ 932-934] PERSONS UNABLE TO PAY TAX.
453
Id.; cases to be sent to corporation counsel.
§ 932. It shall be the duty of the receiver of taxes to send or
cause to be sent to the corporation counsel, monthly, all cases of
personal taxes embraced in the assessment rolls, when the assess-
ment is one thousand dollars or more, and upon which a warrant
to any of the marshals of said city has been issued and unsatisfied
for a period of sixty days, or returned unsatisfied in whole or part,
and of all other cases of personal taxes, except in those cases where
the comptroller may extend the warrant, when application to any
court may be made for the collection of the tax, and the said coun-
sel is authorized to make requisitions upon the said receiver for all
such cases.
L. 1882, ch. 410, 8 859.
Id.; duties of corporation counsel.
$ 933. The corporation counsel shall be charged with the prose-
cution of all suits or proceedings, in any court having jurisdiction,
for the collection of all cases of personal taxes sent to him by the
receiver of taxes, or where, by any law of this state, any suit or pro-
ceeding may be instituted by such receiver, or any marshal acting
under a tax warrant, in any court for the collection of any tax or
personal property, and shall, subject to such control, act as counsel
to the receiver of taxes, and to any marshal acting under the war-
rant of said receiver in the collection of any tax for personal
property.
L. 1882, ch. 410, 8 860.
Court to dismiss proceeding's if satisfied that taxes on personal property
cannot be paid.
$ 934. The court in which any proceeding may be commenced to
enforce the payment of any tax for personal property, may dismiss
the proceedings absolutely without costs, or conditionally, upon the
payment of costs, or may, on the facts, in its discretion, dismiss
such proceedings on the payment of such part of the tax and costs
as shall be just, in any case where it shall be satisfied that the per-
son or persons taxed are unable, for want of property, or other rea-
son, to pay any tax. In cases where any proceedings shall be dis-
linssed under this section, on payment of a portion of the tax, a copy
On the order of the court shall be filed with the receiver of taxes, and
a note of the contents of such order entered upon the assessment-roll,
and it shall be the duty of said counsel to report all cases dismissed
on account of the inability of the person to pay the tax to the com-
ssioner of taxes and assessments, annually, on the thirty-first day
454
[SS 934-937
SUIT FOR PERSONAL TAXES.
of December in each year; and said commissioner is hereby author-
ized to strike the names of all such persons from the assessment rolls
for the succeeding year.
L. 1882, ch. 410, $ 861.
Counsel to keep register, etc.
$ 935. The corporation counsel shall keep, in proper books to be
provided by the corporation of said city for that purpose, a register
of all actions or proceedings prosecuted, and upon the expiration of
his term of office, or his resignation thereof or removal therefrom,
the corporation counsel shall deliver to his successor in office all
books and papers in his hands belonging to his office, or delivered
to him by the receiver of taxes, or any marshal of said city, and in
any way connected with his office, or any business pertaining
thereto. The said counsel or any marshal shall pay over, under
oath, to the receiver of taxes of said city, monthly, or oftener, if
required, all taxes collected by him.
L. 1882, ch. 410, $ 862.
Receiver; when may sue for personal taxes.
§ 936. Any tax duly imposed for personal property upon any per-
son or corporation in The City of New York, which shall remain
unpaid and in arrears on the fifteenth day of January succeeding the
year in which it shall have been imposed, may be recovered with
interest and costs, by the receiver of taxes of said city in the name
of the city, in an action in any court of record in this state.
L. 1882, ch. 410, 8 863.
(a) It is not a condition prece-
dent to the bringing of an action
that a warrant for distress and
sale should be issued and returned
unsatisfied. The provisions of this
section are not limited or con-
trolled by the provisions of $ 926,
ante. McLean v. Myers, 134 Ñ. Y.
480.
(6) An action in personam may
be maintained by the receiver of
taxes under this section for the re-
covery of taxes imposed upon a
stockholder of a national bank lo-
cated in the city, although such
stockholder was not a resident of
the city when the taxes were im
posed. McLean v. Myers, 134 N. Y.
480.
Unpaid taxes and assessments, levied prior to January first, eighteen
hundred and ninety-eight; special provision.
§ 937. All taxes and assessments, levied before the first day of
January, eighteen hundred and ninety-eight, by lawful authority, in
any of the municipal and public corporations hereby consolidated,
including the counties of Kings and of Richmond, and that part of
the county of Queens included within The City of New York, as
SS 942–943]
BOARD OF ASSESSORS.
. 455
hereby constituted, and which shall remain due and unpaid on said
first day of January, eighteen hundred and ninety-eight, shall
become and be due and payable to and collectible by said city, and
all tax and assessment lists in the possession of any officer, of any
of said municipal and public corporations and counties, on the
thirty-first day of December, eighteen hundred and ninety-seven,
sliall be transmitted to and deposited with the comptroller on or
immediately after the first day of January, eighteen hundred and
ninety-eight, and the comptroller shall thereupon transmit the same
to the collector of assessments and arrears, for collection by suit, or
under and pursuant to the laws in force when the said taxes were
levied, or in force when this act takes effect.
TITLE 2.
ASSESSMENTS FOR LOCAL IMPROVEMENTS OTHER THAN THOSE
CONFIRMED BY A COURT OF RECORD .
Sec. 942. Assessment; term, how construed.
943. Mayor to appoint a board of assessors; salary; subordinates.
944. The board of revision of assessments.
945. Powers of the two boards:
946. Certificates on which assessments are made.
947. Assessments not to exceed one-half the valuation.
948. Assessment for repaving; when forbidden.
949. How property shall be described by the assessors.
950. Notice of completion of assessments to be given.
951. Award of damages for changes of grade; liability in such cases.
952. Foregoing section; how.construed.
953. Awards; when to be paid; action for default.
954. Assessments for deepening water in docks, etc.
O
Assessment; term, how construed.
§ 942. The word assessment, wherever used in this title and in
the next succeeding one, shall be construed to mean an assessment
for any local improvement which may be lawfully confirmed in any
other manner than by a court of record.
alayor to appoint a board of assessors; salary; subordinates.
9943. The mayor shall appoint five persons, who shall constitute
me board of assessors. The salary of each member of said board
dall be three thousand dollars a year. The said board shall be
wharged with the duty of making all assessments, other than those
required by law to be confirmed by a court of record, for local
provements for which assessments may be legally imposed in any
456
BOARD OF REVISION OF ASSESSMENTS. [SS 943, 944
part of The City of New York as hereby constituted. The said
board shall appoint a secretary and such clerks and subordinates as
may be necessary, and shall fix their salaries, not exceeding in the
aggregate the appropriation made for such purpose in the final esti-
mate. The secretary, clerks and subordinates of the board of
assessors, of the mayor, aldermen and commonalty of the city of
New York, shall be and act as secretary, clerks and subordinates of
the board of assessors herein provided for until and unless they shall
be removed or superseded by the last-mentioned board of assessors.
L. 1882, ch. 410, 8 865.
(a) An assessor is not disquali- as to enable a review thereof. Peo-
fied from laying an assessment byple ex rel. Davidson v. Gilon, ante.
reason of the fact that he is re Šee People ex rel. The Mayor v. Mc-
lated to an owner of property Carthy, 102 N. Y. 630.
affected by the assessment. (d) The board of assessors have
O'Reilley v. City of Kingston, 114 authority to make an estimate and
N. Y. 439; affi'g 39 Hun, 285.
assessment after, as well as be-
(6) The board of assessors are fore work is begun, as the city
the exclusive judges (subject to re- has power to make an improve-
view by the board of revision as ment, and, after the work is done,
provided in § 944, post) of the prop assess the costs and charges upon
erty supposed to be benefited and the property benefited. Matter of
the extent of such benefit, and Roberts, 81 N. Y. 62, affi'g 17 Hun,
their determination of such ques 559. See Manice v. The Mayor, 8.
tions is not subject to review. Peo-
ple ex rel. Davidson V. Gilon, 126 (e) The board of assessors have
Ñ. Y. 640; rev'g 58 Hun, 76; Matter power, of their own motion, to
of Cruger, 84 Ñ. Y. 619.
alter a list of awards and assess-
(c) The board of assessors have ments, in case of manifest error or
the power to assess upon their own mistake, even after it has been ad-
judgment after an inspection of vertised and published. People
the property, and in the nature of Board of Assessors, 58 How. Pr. 327.
things, that knowledge and the (f) As to duty of assessors, see
grounds of their determination Matter of Turfler, 44 Barb. 46;
could not be reproduced before an Matter of Lange, 85 N. Y. 307.
appellate tribunal in such manner
The board of revision of assessments.
$ 944. The comptroller, corporation counsel and president of the
board of public improvements shall constitute the board of revision
of assessments. The said board, or a majority thereof, shall have
and perform all the powers and duties relative to the revision, cor-
rection and confirmation of assessments specified in the various .
laws and ordinances relating to assessments in any part of The City
of New York, as hereby constituted, other than assessments made
by commissioners appointed by a court of record, and other than
those confirmed by the board of assessors; said board shall have
power to consider, on the merits, all objections made to any such
assessment, and to subpoena and examine witnesses in relation
thereto, and to confirm said assessment, or to refer the same back to
the board of assessors for revisal and correction in such respects as
$ 944] BOARD OF REVISION OF ASSESSMENTS. 457
it may determine. The revision of such assessments shall be made
without delay, so that unless the same are referred back for revisal
and correction they shall be confirmed within thirty days from the
time they shall, respectively, be presented for confirmation, and if
not so confirmed or referred back they shall be deemed to be con-
firmed at the expiration of thirty days from the time they shall be,
respectively, so presented for confirmation. All such assessments,
immediately upon confirmation, shall be transmitted to the comp-
troller for entry and collection.
L. 1882, ch. 410, 8 867.
(a) It is not necessary that the ever for the work. Matter of Lange,
common council shall confirm as- 85 N. Y. 307; Matter of Deering, 11
sessments; the confirmation by Daly, 89; S. C., 3 N. Y. State Rep.
the board of revision, under this 593.
section, is the act of the corpora (e) Two members of the board
tion exercised by virtue of law, of revision having assumed to con-
and is not open to the objection firm an assessment, the full board
that the power to tax is delegated subsequently unanimously con-
to the board; the common council, firmed it anew; held, that the sub-
by ordering the work, ordains the sequent confirmation was legal and
tax, and the board of assessors and valid. Matter of Pearsall, 9 Abb.
board of revision only say what Pr. (N. S.) 203, limiting Matter of
part thereof shall be paid by each Palmer, 1 Id. 30.
piece of property. Matter of Rob (f)Where assessment lists are re-.
erts, 81 N. Y. 62, affi'g 17 Hun, 559. ferred back by the board for re-
See matter of Zborowski, 68 N. Y. vision, the provision that they shall
88, 92,
be deemed confirmed after the
(6) The board of revision, in the lapse of thirty days does not ap-
discharge of their duties under this ply; after they are referred back,
section, are independent public ofli they cannot be confirmed in any
cers, acting not for the peculiar way until they are again certified
benefit of the corporation, but for and presented to the board for
the public good in obedience to the confirmation. Toné v. The Mayor,
mandate of the legislature; and 70 N. Y. 157.
the city is not responsible for their (g) As to delay in confirming as-
negligence or omission to confirm sessment, affording no ground for
an assessment. Tone v. The Mayor, relief, see Matter of Brown, 14
70 N. Y. 157.
Daly, 103; s. C., 3 N. Y. State Rep.
(c) The board of revision and 582. See also Matter of Cruger, 84 N.
correction of assessment lists has Y. 619.
succeeded to the powers thereto (h) A writ of certiorari to review
fore possessed by the municipal an assessment issued after the as-
authorities in relation to the rati sessment list had been sent to the
fication and confirmation of as board of revision, but before that
sessment lists, and an assessment body had taken any action upon
list, when ratified and confirmed the same, will be dismissed because
as provided in this section, is final no final determination of the ob-
and conclusive. People ex rel. jections to the assessment had
Ward v. Austin, 6 Daly, 18; S. C., 49 taken place, within meaning of
How. Pr. 405; affi'd in 62 N. Y. 623. § 2122 of Code of Civil Procedure,
..(d) The appropriate function of and further upon the ground that
une board is to review the judg- another remedy being provided for
ment and discretion of the board vacation of assessment under
L._ assessors in distributing the $S958-963, post, certiorari will not
hasi but this section does not give lie. People ex rel. Stevenson v. Gilon,
power to the board to set aside and 13 N: Y. Supp. 455; Same ex rel. Wise
Leave an assessment, because of v. Same, Id. 457: Same ex rel. Martin
of
va
of power in the corporation v. Same, 14 Id. 75.
to impose any assessment what-
· wan
458
[SS 944-947
LIMIT TO ASSESSMENTS.
(i) An action will not lie against
the city where the board of revis-
ion has illegally refused to con-
firm an assessment; the appropri-
ate remedy in such a case is by
mandamus to compel a confirma-
tion. Tone v. The Mayor, 6 Daly,
343; affi'd in 70 N. Y. 157. ,
Powers of the two boards.
§ 945. In addition to the powers herein specifically conferred
upon the board of assessors and the board of revision, the said
boards shall have and exercise, as to the whole territory embraced
in the city of New York, each and every power and authority con-
ferred upon and exercised by the board of assessors, and the board
of revision and correction of assessments, respectively, of the cor-
poration heretofore known as the mayor, aldermen and commonalty
of the city of New York.
(a) As to the powers possessed ter of Roberts, 17 Id. 559. See also
by former boards, see People ex rel. Devoy v. The Mayor, 36 N. Y. 449;
Ward v. Asten, 6 Daly, 18; S. C., 49 People v. Pinckney, 32 Id. 377; Tone
How. Pr. 405; affi'd in 62 N. Y. 623; v. The Mayor, 70 Id 157.
Matter of Lester, 21 Hun, 130; Mat-
Certificates on which assessments are made.
§ 946. All assessments shall be made by the board of assessors
on the following certificates, to wit:
1. The officer or head of the board or department charged with
the execution of the work in question, shall certify to the board of
assessors the total amount of all the expenses which shall have been
actually incurred by The City of New York on account thereof.
2. The comptroller shall certify to the board of assessors the
amount of the interest, at the legal rate, upon the several instal-
nients advanced or payments made on account of such work, from
the time of such payment or advance, by the city, to a day sixty
days after the date of such certificate. Thereafter the board of
assessors shall assess upon the property benefited, in the manner
authorized by law, the aggregate amount of such certificates, or such
proportion thereof as is authorized by law, and the said board shall
not in any way be enjoined, restrained, hindered or delayed in the
performance of this duty, provided that nothing contained in this
section shall be construed to affect the powers of the board of
revision of assessments.
L. 1882, ch. 410, $ 868.
LE
Assessments not to exceed one-half the valuation.
§ 947. The assessors shall in no case assess any house or lot,
improved or unimproved lands, more than one-half the fair value of
such house, lot, improved or unimproved lands.
L. 1882, ch. 410, $ 870.
$ 948]
459
LIMIT TO ASSESSMENTS.
(a) The last valuation previous
to the assessment is the one con-
templated by this section. Matter
of Schell, 76 N. Y. 432, rev'g 16
Hun, 283.
(6) If it appears that there was
a previous valuation, it is not in-
cumbent upon the city to show
that, in making the assessment, it
kept within the limit prescribed
by the act; but the burden of proof
is on the party complaining to
show that the limit has been ex-
ceeded, the presumption being in
favor of the regularity of the as-
sessment. Matter of Hebrew B. 0.
A. Society, 70 N. Y. 476, rev'g in
part, 10 Hun, 112; Matter of Mer-
riam, 84 N. Y. 596.
(c) When the precise valuation
does not appear, the power of the
court to reduce the assessment to
one-half the valuation cannot be
exercised, and the assessment must
be wholly set aside. Matter of
Cram, 69 N. Y. 452; Matter of He-
brew B. 0. A. Soc., ante.
(d) Where it appeared that the
premises in question had been in-
cluded with other lots in and val-
ued upon a prior assessment-roll as
one parcel, held, in the absence of
evidence that the lots in question
were not of equal value with those
included with them in the prior
valuation, that an assessment not
exceeding one-half the value of the
lots, ascertained by apportioning
the assessed valuation of the whole
parcel equally on the lots included
therein, was valid. Matter of He-
brew B, 0. A., ante.
(e) A valuation previous to as-
sessment is essential under this
section, and in the absence of such
valuation the assessment is invalid
for want of power in the assess-
ors, and $ 959 is inapplicable. Mat-
ter of Second Ave M. E. Church, 66
V: Y. 395, rev'g 5 Hun, 442; Matter
of Church of Holy Sepulchre, 61
How. Pr. 315.
(f) This section does not require
that the valuation by the assessors
of the ward should have been made
Jor the purposes of general taxa-
tion, and it is sufficient if such
valuation be made for the express
purpose of furnishing a basis by
which the limit of an amount for
local improvements may be deter-
mined, as e. g. property exempt
from general taxation. Matter of
St. Mark's Church, 11 Hun, 381;
affi'd in 74 N. Y. 610; Matter of St.
Andrew's Church, 21 N. Y. State
Rep. '80; affi’d 121 N. Y. 708.
(g) In assessing for a local im-
provement, the assessors are not
confined to a valuation made for
the purposes of general taxation
during the year when the assess-
ment for the local improvement is
made, but a resort may be had to
the last valuation, if any, when-
ever it was made. Matter of St.
Joseph's Asylum, 69 N. Y. 353,
modifying and affi'g 10' Hun, 113,
and distinguishing Matter of Sec-
ond Ave. M. E. Church, ante.
(h) In case an assessment ex-
ceeds one-half of the assessed valu-
ation, such assessment should be
reduced to such one-half, and not
vacated in toto. Matter of O'Hare,
5 Hun, 287.
(i) Where, for what is practi-
cally and in reality one improve-
ment, that is, the paving of a street
or the adoption of a peculiar kind
of pavement, and the grading,
regulating and setting of curb-
stones and flagging on a street,
two separate apportionments and
assessments are made, the aggre-
gate amount of which is more than
half the assessed value of the
premises, though such assessments
are confirmed at different times,
the provisions of this section apply,
and the court will not take judicial
notice, but require proof of a cus-
tom in New York city in improv-
ing streets, to first regulate and
grade, and then to pave, as separ-
ate and distinct works. Matter of
Walter, 75 N. Y. 354, rev'g 14 Hun,
148.
(0) This provision was not re-
pealed by L. 1872, ch. 580, § 5, au-
thorizing assessments for work
đone under contract approved by
commissioners appointed by the
latter act, and the assessments are
subject to the limitations of this
section. Matter of Cram, 69 N. Y.
452.
Assessmerit for repaving; when forbidden.
$ 048. Unless it shall be petitioned for by a majority of the own-
ers of the property (who shall also be the owners of a majority of
460
ASSESSMENT FOR REPAVING. [S8 948, 949
the front feet), on the line of the proposed improvement, no assess-
ment shall be imposed for the paving of any street, or any portion
thereof, which has been once paved, and the expense thereof paid
by the owners of the adjoining property. This section, however,
shall apply only to the streets within the territory of the corporation
formerly known as the mayor, aldermen and commonalty of the
city of New York.
L. 1882, ch. 410, $ 875.
(a) Flagging is a species of pave-
ment, and consequently a second
flagging of a sidewalk, where it
had been previously flagged, is i
repavement, within the meaning of
this section, and the difference of
material, e. g., fiat stones substi-
tuted for brick, could not change
the general identity of the work as
embraced in the generic term.
Matter of Phillips, 60 N. Y. 16, revig
2 Hun, 212; S. C., 4 T. & C. 484.
(6) The relaying of a crosswalk
with flat stones is within this sec-
tion. Matter of Burke, 62 N. Y.
224, modifying 2 Hun, 281.
(c) Question re-examined, and
held, that a "street" includes side-
walks and gutters, and “paving".
includes, flagging, and that this
section was intended to include the
whole street and every kind of pav-
ing. Matter of Burmeister, 76 N.
Y. 174, rev'g 9 Hun, 613. See Jex
v. The Mayor, 103 N. Y. 536.
(d) A sidewalk once paved with
flagging only one-third of the
width is within this section, and
cannot be repaved afterward where
not already done. Matter of Gar-
vey, 77 N. Y. 523; Matter of Smith,
99 Id. 424.
(e) But where a sidewalk has
once been paved this does not
make the pavement of the car-
riageway, where no pavement has
ever been laid, a repavement. Mat-
ter of Grube, 81, N. Y. 139, rev'g
20 Hun, 303.
(f) Although a street has been
curbed, guttered, and a narrow
strip on each side laid with cobble-
stones for the purpose of binding
.and protecting the gutter stones,
and, although the sidewalks have
been flagged and crosswalks laid,
the paving of the traveled part or
carriageway of the streets is not
a repavement. Matter of Brady,
85 N. Y. 268, affi'g 47 N. Y. Super.
(J. & S.) 36.
(g:) When, after a street has been
regulated, graded, curbed, gut-
tered and flagged, the grade there-
of is lawfully changed, thereby
necessitating the replacing of the
flagging, and the curb and gutter
stones, such replacement of the
stones is not a repaving within the
meaning of this section. Matter of
Roberts, 25 Hun, 371,
(h) This section does not apply
to cases in which the property, at
the time of the making and paying
the first assessment, was owned by
the city, which paid the assess.
ment and subsequently conveyed
to private persons. Matter of
Welsh, 30 Hun, 372. See Petition of
Astor, 2 Supm. Ct. (T. & C.) 488;
affi'd 56 N. Y. 625.
How property shall be described by the assessors.
§ 949. In all cases the assessors shall describe in the assessment
the property assessed by the same ward or block numbers, or other
designations as shall be used to designate the said property on the
tax books of The City of New York. They shall also describe the
houses and lots assesseri by their street numbers, if any. The assess-
ors shall also state the name of the owner or owners and occupant
or occupants, if they be known to the assessors, and it shall be their
duty to ascertain, as far as may be, by inquiry from the commission
$$ 949, 950] NOTICE OF COMPLETION OF ASSESSMENT.
461
ers of taxes and assessments or others, such ownership and
occupation, and such commissioners shall afford the requisite
information.
L. 1882, ch. 410, $ 869.
(a) As to describing property as-
sessed with accuracy and precision
so as to apprise the owner dis-
tinctly of the ground charged for
the expense of the improvement,
see: Jackson V. Healy, 20 Johns.
495.
(6) There being, in fact, no street
numbers, the assessment is not
invalid for not describing the lots by
street numbers. Laimbeer v. The
Mayor, 4 Sandf. 109.
(c) When the same person owns
several lots, and the numbers are
given both for ward and street, it
is no ground for vacating the as-
sessment that the amount assessed
for all is included in one sum. Mat-
ter of Anderson, 57 Barb. 411; S. C.,
60 Id. 375; 39 How. Pr. 184.
(d) If assessors make the inquiry
contemplated in this section, and
put the lot on the assessment list
as belonging to a former owner in
consequence of the information de-
rived from these persons, held, in
an action of ejectment against one
claiming under a lease from the
city upon the sale for the assess-
ment, that the assessment will be
valid, but where the person named
is not the true owner, the court
will not presume, without proof,
that the proper inquiry was made.
Paillet v. Youngs, 4 Sandf, 50.
(e) If the names of the owners
and occupants on the assessment
list are the same as on the tax lists
of the previous years, this is suffi-
cient. Matter of Tappen, 54 Barb.
225; S. C., 36 How. Pr. 390.
(f) An objection that the assess-
ors acted on an erroneous principle
in making the assessment is not
tenable; it is a matter of judg-
ment on their part and is not sub-
ject to review. Matter of Cruger,
84 N. Y. 619; Matter of Eager, 46
Id. 100, affi'g 58 Barb. 557; S. C., 10
Abb. Pr. (N. S.) 229; Matter of Mc-
Cormack, Id. 234.
(g) An objection that the area of
assessment for benefit was too
small is untenable, as that matter
is committed to the assessors and
the board of revision, under $ 944,
and the exercise of their discretion
in this respect cannot be reviewed.
Matter of Cruger, 84 N. Y. 619;
Matter of Church St., 49 Barb. 455.
Notice of completion of assessments to be given.
§ 950. It shall be the duty of the board of assessors, when it has
completed any proposed assessment, to give notice of the fact and
that it is proposed to lay the same to the owner or owners; such
notice shall be published daily in the “ City Record” and the cor-
poration newspapers for at least ten days successively. The notice
shall describe the limits within which it is proposed to lay the said
assessment, and shall contain a request for all persons whose inter-
ests may be affected thereby, and who may be opposed to the same,
to present their objections in writing, to the secretary of the board
of assessors within thirty days from the date of such notice, and
specifying a time and place after the expiration of the said thirty
days when and where the said objections will be heard and testi-
mony received in reference thereto if after hearing and examining
such objections and testimony, the assessors shall not deem it proper
after their assessment, or having altered it there shall still be
ohjections to the same, it shall be their duty to present such objec-
462
DAMAGES FOR CHANGE OF GRADE. [SS 950.951
tions with the proposed assessment to the board of revision of
assessments. If no objections shall be received, or if the board of
assessors shall alter the assessment so as to satisfy the objectors,
said board shall forthwith declare the said assessment confirmed,
and shall transmit the same to the comptroller for entry and collec-
tion. An assessment so confirmed shall be of the same force and
effect as if confirmed by the board of revision of assessments.
L. 1882, ch. 410, 8 871.
(a) It is not necessary to the va- taugh v. Board of Assessors, 58
lidity of an assessment that per- How. Pr. 327.
sonal notice thereof shall be given (c) Where the board of revision
to the owner of lots assessed; the under $ 944 sends back the assess-
legislature may prescribe what the merit lists to the board of assessors,
notice shall be, and where provi- it seems that they have the whole
sion has been made for notice by subject again before them. Matter
publication, before completion of of Schell, 76 N. Y. 432, rev'g 16
the assessment, for objections to Hun, 283.
be presented within a time speci- (d) It is uniformly held by the
fied, and this has been complied courts, and has long been settled
with, it is sufficient. Matter of De that property exempted by the leg-
Peyster, 80 N. Y. 565, distinguish islature from general taxation, is.
ing Stuart v. Palmer, 74 Id. 183; still liable for assessments for local
Matter of Lowden, 89 Id. 548.
improvements. Roosevelt Hospital
(6) The board of assessors have v. The Mayor, 84 N. Y. 108; Matter
power to alter or change the list of St. Joseph's Asylum, 69 Id. 353;
of awards and assessments in cases. Hassan v. City of Rochester, 67 Id.
of manifest error or mistake, even 528; Matter of Mayor of N. Y., 11
after the list has been advertised Johns. 77; and see Bleecker v. Bal-
complete, and may do so of their lou, 3 Wend. 263; Sharp v. Speir, 4
own motion. People ex rel. Mur- Hill, 76.
Award of damages for changes of grade; liability in such cases.
§ 951. All cases where a change of grade of any street or avenue
has been made prior to the taking effect of this act, shall, as to the
liability to make compensation for damages caused by such change
of grade, be governed by the laws in force at the time such change
of grade was made. After the taking effect of this act there shall be
no liability to abutting owners for originally establishing a grade;
nor any liability for changing a grade once established by lawful
authority, except where the owner of the abutting property has sub-
sequently to such establishment of grade built upon or otherwise
improved the property in conformity with such established grade,
and such grade is changed after such buildings or improvements
have been made. In such cases damages occasioned by such change
of grade to such buildings and improvements shall be ascertained
and assessed in connection with and as a part of the expenses of
grading or otherwise improving the street or avenue in conformity
with the grade as changed. A grade shall be deemed established
by lawful authority within the meaning of this section where it was
88 951, 952] DAMAGES FOR CHANGE OF GRADE.
- 463
originally adopted by the action of the public authorities, or where
the street or avenue has been used by the public as of right for
twenty years and been improved by the public authority at the
expense of the public or of the abutting owners. All laws incon-
sistent herewith are hereby repealed. In case the grade of any such
street shall be changed, and the same shall have been regulated and
graded according to the new grade, after the certificate of the cost
of such regulating and grading shall have been received by the
board of assessors, it shall be the duty of the said board to cause to
be published in the “ City Record ” and the corporation newspapers,
for at least ten days successively, a notice which shall contain
a request for all persons claiming to have been injured by the said
change of grade to present, in writing, to the secretary of the board
of assessors, their claims, specifying a place where and a time when
the said board will receive evidence and testimony of the nature and
extent of such injury. After hearing and considering the said testi-
mony and evidence the board of assessors shall make such awards
for such loss and damage, if any, as it may deem proper. The
amount of the said awards shall be included in the assessment for
the regulating and grading of the street in question, as a part of the
expense thereof, and the said award, and the proceedings of the
assessors in relation thereto, shall be subject to review by the board
of revision of assessments.
L. 1882, ch. 410, SS 873, 874.
(a) The board of assessors in as-
certaining the damages to owners
under this section perform duties
essentially judicial in their nature,
and such duties cannot be properly
performed without giving the par-
ties interested notice of time and
place of hearing, and an opportu-
nity to be heard before the award
is completed. People ex rel. Dean
V. Bd. of Assessors, 13 N. Y. Supp.
404. See People v. Gilon, 121 N. Y.
Hun, 755; S. C., 6 T. & C. 129; affi'd
in 62 N. Y. 624.
(c) The right to have the loss or
damage assessed is given by this
section to the owner of the prop-
erty at the time the change of
grade is made, and not to the party
owning the property when the law
was passed changing the grade.
People ex rel. Kurzman v. Green, 7
Hun, 231.
(d) Mandamus is the proper rem-
edy to compel the board of assess-
ors to estimate the damage done.
by change of the grade of a
street. People ex rel. Myer v..
Board of Assessors, 53 How. Pr.
280. See People ex rel. Ward v.
Asten, 6 Daly, 18; S. C., 49 How. Pr.
405; affi'd in 62 N. Y. 623.
.
551.
(6) The provision for assessing
damages under this section is gen-
eral, and is applicable irrespective
of the authority which changes the
grade, whether the common coun-
SI or any other department. Peo-
ex rel. Tytler v. Green, 64 N. Y.
vo; People ex rel. Doyle v. Same, 3
Foregoing section; how construed.
8 952. The foregoing section shall not be construed to authorize
we making of an award for loss or damage caused by change of
464
[$$ 952, 953
PAYMENT OF AWARDS.
grade in any case in which an award could not legally be made
under laws existing immediately previous to the passage of this act,
and affecting any part of the territory of the mayor, aldermen and
commonalty of the city of New York nor shall it be construed to
affect the powers of any commission acting under any laws of this
state.
CD
Awards; when to be paid; action for default.
§ 953. The City of New York shall, within four months after con-
firmation of any assessment, including awards made in pursuance
of the last section but one, pay to the respective parties entitled
thereto the amount of such awards, and in case of its neglect or
failure to pay the same at the expiration of the said period, and
after demand, it shall be lawful for the persons entitled to the same
to sue for and recover the amount of their awards. In case any
such award or compensation shall be paid to any person not entitled
thereto, when the same ought to have been paid to some other per-
son, it shall be lawful for the person to whom the same ought to
have been paid to sue for and recover the same with interest and
costs, as so much money had and received to his use by the person
or persons respectively to whom the same shall have been so paid;
provided that when the name or names of the owner or owners,
party or parties, are not set forth in the report of the assessors, or
where the said owners, parties or persons respectively being named
therein shall be insane, a married woman, under the age of twenty-
one years, or absent from the city, or after diligent search can not
be found, or their title to receive such awards disputed, it shall be
lawful for The City of New York to pay the sum mentioned in said
report, or that would be coming to such owners, parties and persons
respectively, to the chamberlain, to be secured, disposed of and
invested as the supreme court shall direct, and such payments shall
be as valid and effectual in all respects as if made to the said own-
ers, parties and persons respectively themselves, according to their
just rights, if they had been known and had been persons of full age,
single women and of sound mind.
L. 1882, ch. 410, $ 876.
(a) The words “person or per
sons to whom the same ſviz., the
award] ought to have been paid,"
in this section, are comprehensive
enough to include every person
seeking to enforce a claim to the
award as made, whether his alleged
rights accrued before or after the
making of the award, by operation
of law or the act of the parties.
Hatch v. Bowes, 43 N. Y. Super. (.
& S.) 426; S. C., 54 How. Pr. 439.,
(b) When the city has knowledge
that there is a dispute as to the
title to an award, it cannot pay to
the person named in the same and
use the payment thus made do
defense against the true owner
as a
$$ 954, 958] PROCEEDINGS TO VACATE ASSESSMENT.
465
the award. Hatch v. The Mayor, by an action. Matter of Hatch, 43
82 N. Y. 436, rev'g 45 N. Y. Super. N. Y. Super. (J. & S.) 89; Matter of
(J. & S.) 599.
Lewis, 48 Id. 536. See People ex
(c) The Supreme Court has no rel. Ward v. Asten, 6 Daly, 18; S. C.,
jurisdiction under this section, 49 How. Pr. 405; affi'd in 62 N. Y.
upon summary petition to direct 623; People ex rel. Doyle v. Green,
payment by the chamberlain of an 3 Hun, 755; S. C., 6 T. & C. 129; affi'd
award, but this relief must be had. in 62 N. Y. 624.
Assessments for deepening water in docks, etc.
$ 954. The expense of conforming to any order or direction made
in accordance with section eight hundred and thirty-two of this act,
or of carrying the same into effect, shall be estimated and assessed
by the board of assessors upon or among the owner or owners of
any or every wharf, pier, dock, bulkhead, piece of land, water-right,
or privilege, near or adjacent to which any such water may be
deepened, and which may in any manner be benefited thereby, in
proportion, as nearly as may be, to the advantage which each shall
be deemed to acquire. Every such estimate and assessment, after
confirmation, shall be binding and conclusive upon the owners
thereby assessed respectively, and shall be a lien or charge upon the
property or premises in respect to which the same may have been
nade.
TITLE 3.
VACATING AND MODIFYING ASSESSMENTS FOR LOCAL IMPROVEMENTS
OTHER THAN THOSE CONFIRMED BY A COURT OF RECORD.
Sec. 958. Remedies limited.
959. Petition to the supreme court in case of fraud or substantial
error.
960. Assessments not to be set aside for certain irregularities and
technicalities.
961. All claims may be embraced in one proceeding.
962. Power of court to vacate or reduce assessments limited and
qualified.
963. When proceeding to vacate, etc., to be brought.
964. Re-assessment.
Remedies limited.
$ 958. No suit or action in the nature of a bill in equity or other-
Wise shall be commenced for the vacation of any assessment in said
city, or to remove a cloud upon title; but owners of property shall
be confined to their remedies in such cases to the proceedings under
this title.
| L. 1882, ch. 410, $ 897.
30
466
PROCEEDINGS TO VACATE ASSESSMENT... [$ 958
(a) This section is broad and un-
qualified, and applies to every as-
sessment in the city, and cannot
be restrained or limited to a par-
ticular class. Mayer v. The Mayor,
101 N. Y. 284; Rae v. The Mayor, 39
N. Y. Super. (J. & S.) 192; Eno v.
The Mayor, 68 N. Y. 214.
(6) This section prohibits, as
well an action in equity to restrain
the city from enforcing an alleged
illegal assessment by sale, etc., as
an action in equity for the vacation
of an alleged illegal assessment or
to remove a cloud upon title. Scud-
der v. The Mayor, 79 Hun, 613; S. C.,
29 N. Y. Supp. 422; affi'd in 146 N.
Y. 245; Sixth Ave R. R. Co. v. Same,
63 Hun, 271; S. C., 17 N. Y. Supp.
903.
(c) It seenis, however, that the
limitations of this section do not
deprive the property owner of his
right to challenge the validity of
the assessment whenever his prop-
erty is seized under it, or it is made
the foundation of proceedings
against him. Matter of Smith, 99
N. Y. 424, 427; Chase v. Chase, 95 Id.
373; Matter of Brainerd, 51 Hun,
380; affi'd 117. N. Y. 623.
(d) The prohibition of this sec-
tion only applies in those cases in
which the assessment was, at the
time of the proceedings or action,
a lien upon the real estate intended
to be affected by it; when such as-
sessment is no longer a lien be-
cause of involuntary payment an
action can be brought to declare
the assessment invalid, and to re-
cover back the amount paid. Jex
v. The Mayor, 103 N. Y. 536; Diefen-
thaler v. The Mayor, 111 Id. 331;
De Montsaulnin v. The Same, 46
Hun, 188; Matter of Lima, 77 N. Y.
170; Matter of Hughes, 93 Id. 512;
Matter of Smith, 99 Id. 424, 427;
Chase v. Chase, 95 Id. 373, 380, 381;
Matter of Brainerd, 51 Hun, 380,
385; Crane v. The Mayor, 13 N. Y.
State Rep. 342; Poth v. The Mayor,
151 N. Y. 16; affi'g 77 Hun, 225;
Tripler V. The Mayor, 125 N. Y.
617.
(e) An action is maintainable to
recover back moneys paid involun-
tarily, under color of an assessment
imposed without jurisdiction, or in-
on, or in-
valid by reason of facts dehors the
record; and it is not essential that
the assessment should be first va-
cated to enable the party to re-
cover back the money: if the vaca-
tion of the assessment is necessary,
that relief may be had in the same
action in connection with the re-
lief for the recovery of the money.
Jex v. The Mayor, 103 N. Y.
536; Bruecher v. Village of Port
Chester, 101 Id. 240; Strusburgh v.
The Mayor, 87 Id. 452; Burke v.
The Mayor, 4 N. Y. State Rep. 643.
But see Jex v. The Mayor, 111 N.
Y. 339. ..
(f) An action to recover back
moneys paid on a void assessment
is within the six years' statute of
limitation, as the cause of action.
is one of a legal nature only, it
being unnecessary in such a case
to set aside the assessment. Jex
V. The Mayor, 111 N. Y. 339; Die-
fenthaler v. The Same, Id. 331.
(g) Payment to an officer who
has a valid warrant for the collec-
tion of an assessment for a local
improvement regular on its face, is
not a voluntary payment which
precludes an action to recover back
the money paid. Peyser v. The
Mayor, 70 Ñ. Y. 497; Purssell v.
The Same, 85 Id. 330; Bruecher v.
Village of Port Chester, 101 Id. 240.
(h) Payment by direction of the
court in a foreclosure suit is not
a voluntary payment, but equiva-
lent to a collection under process of
law, entitſing the owner of the
equity of redemption to recover
back the money. Brehn V. The
Mayor, 104 N. Y. 186; Bruecher v.
Port Chester, 101 N. Y. 240; Red-
mond v. The Mayor, etc. 125 N. Y.
632; Tripler v. The Mayor, etc., Id.
617; Vaughn v. Port Chester, 135
N. Y. 460.
(i) But where the proceedings of
recting a local improvement are on
their face illegal and void, the pay-
ment, without coercion, of an as
sessment for the expense incurred,
is a mistake of law, and the sum
paid cannot be recovered back.
Phelps v. The Mayor, 112 N. Y. 216;
see Stuart V. Palmer, 74 Id. 183;
Wells v. City of Buffalo, 80 Id. 253;.
Strusburgh V. The Mayor, 87 Id.
452; Matter of Lima. 77 Id: 170;
Sands v. The Mavor. 13 N. Y. State
Rep. 61; Sandford v. The Same. :10
Barb. 147; s. C., 12 Abb. Pr. 23; Mato
ter of Palmer, 43 Hun, 572; Smith
v. The Mayor, 33 N. Y. State Rep.
804. As to what will constitute the
record of an assessment void on or
face, see Tripler v. The Mayor, ..
Hun 36. c. 6 N. Y. Suppe
affi'd in 125 N. Y. 617.
$8 958, 959]
467
VACATING ASSESSMENTS.
:
(j) Where the entire cost of an
assessment was imposed on prop-
erty fronting on the street, al-
though an ordinance required a
railroad company to pay for a part
of the pavement in the middle of
the street, a property owner who
had paid the assessment in igno-
rance of the ordinance, was allowed
to recover back the excess over and
above which his property was
liable for. Burchell v. The Mayor,
9 N. Y. Supp. 196.
(k) The determination of the
court, in proceedings to vacate an
assessment, is a bar to a subse-
quent, action to have a part of the
assessment declared invalid and to
recover back money paid thereon
by the property owner. Brooks v.
The Mayor, 10 N. Y. Supp. 773. To
same effect, Hoffman v. The Mayor,
13 N. Y. Supp. 137.
(1) See Le Roy v. The Mayor, 4
Johns. Ch. 352; Whitney V. The
Same, 1 Paige, 518; Zeigler v. Flack,
54 Super. (J. & S.) 69. See, also,
cases cited under $8 959-962.
Petition to the supreme court in case of fraud or substantial error.
$ 959. If in the proceedings relative to any assessment or assess-
ments for local improvements, or in the proceedings to collect the
same, any fraud or substantial error shall be alleged to have been
committed, the party aggrieved thereby may apply to a justice of
the supreme court in special tèrm or in vacation, who shall there-
upon, upon due notice to the corporation counsel, proceed forthwith
to hear the proofs and allegations of the parties. If, upon such
hearing, it shall appear that the alleged fraud or substantial error,
other than such errors as are specified in the next section has been
committed as provided in this title, the said assessment shall be
vacated or modified, and the lien created thereby, or by any subse-
quent proceedings, shall cease. If, upon such hearing, it shall
appear that, by reason of any alleged irregularity, the expense of any
local improvement has been unlawfully increased, the judge may
order that such assessment upon the lands of said aggrieved party
be modified by deducting therefrom such sum, as is in the same
proportion to such assessment as is the whole amount of such
linlawful increase to the whole amount of the expense of such local
improvement. Any order that may be made by a justice under
authority of this section shall be filed in the office of the county
clerk of the county in which the lands are situated, and after the fil-
ing of a certified copy thereof with the officer having charge of the
assessment, it shall be his duty to cancel or reduce the assessment as
required by the order, or do any other act required thereby.
| L. 1882, ch. 410, $ 898.
are to be construed in parim
und
ha, Construction. This section and
V post, are not in conflict, but
e construed in pari materia:
wae latter section no assess-
tor local improvement can be
Facated for any of the defects or
rregularities specified therein, un-
less actual fraud is shown; under
this section an assessment may be
vacated for fraud or substantial
error, but the error must not be.
one mentioned or described in
8 960. Matter of N. Y. Prot. Epis.
Public School, 75 N. Y. 324; Matter
me
468
[8 959
VACATING ASSESSMENTS.
of
794.
of Emigrant Ind. Sav. Bank, Id. 388. within the meaning of the phrase
See Matter of Merriam, 84 Id. 596, “in the proceedings relative to an
609.
assessment.” Hay's Case, 14 Abb.
(b) That this section is a reme Pr. 53.
dial statute and should be liberally (i) The fraud or substantial er-
construed, see Matter of Eightieth ror for which, under this section,
St., 17 Abb. Pr. 324.
an assessment may be vacated, is
(c) The words “proceedings rela- such as intervenes in the proceed-
tive to any assessment” are not to ings leading to or in making the
be extended beyond the initiatory assessment, but not that in pro-
steps to order the doing of the ceedings taken subsequent to the
work for which the assessment is assessment and leading to the sale.
made, and hence the absence of the Daly v. Sanders, 9 N. Y. State Rep.
written consent of owners of
property to a change of the grade ) An assessment will not be
of a street is no ground to vacate wholly vacated for fraud or sub-
an assessment for paving streets stantial error in a part thereof, but
after such grade was adopted. Mat only reduced. Matter of Merriam,
ter of Buhler, 32 Barb. 79; S. C., 19 84 N, Y. 596; Matter of Mead, 74 Id.
How. Pr. 317.
216. There must be, however, some
(d) Fraud, in this section, means fixed sum, sufficient basis or crite-
actual fraud, and not mere omis rion for the court to act upon, or
sions, errors or negligence. Rich's the whole assessment will be set
Case, 12 Abb. Pr. 118.
aside. Matter of Protest. Epis.
(e) An assessment will not be set School, 75 N. Y. 324; Matter of
aside for fraud upon purely docu Cram, 69 Id. 452. See Matter of
mentary evidence; for the errors Hebrew B. 0. A. Society, 70 Id. 476;
therein may be supposed to be mis Matter of Auchmuty, 90 Id. 685;
takes, public officers being pre distinguishing Matter of Protest.
sumed to have honestly discharged Epis. School, supra; Matter of L. &
their duties. Matter of Babcock, W. Orphan Home, 92 Id. 116. But
23 How. Pr. 118.
see § 962, post, and cases there
(f) Under this section providing noted.
for the vacating of an assessment (k) A reduction is not permis-
for fraud or irregularity, the sible, however, where the whole ex-
phrase "in the proceedings rela penditure for which the assessment
tive thereto, or in the proceedings is laid was unauthorized by law.
to collect the same,” construed, and Matter of Manhattan R. R.'Co., 102
the words “in the proceedings rela N. Y. 301. This was held in refer-
tive thereto” held to mean the pro ence to an assessment confirmed
ceedings taken previous to the lay before June 9, 1880. See § 962, post.
ing of the assessment, and the dis (1) As to what constitutes "sub-
tribution of the amount upon the stantial error" under this section,
various parties assessed, for the see Matter of Anderson, 60 N. Y.
purposes of collection; and in 457; Matter of Pennie, 108 Id. 388;
cludes any irregularity in regard Matter of Emigrant Ind. Bk., 75 1d.
to the indebtedness for which the 388; Matter of Robbins, 82 Id. 131;
assessment was laid; and the wordsMatter of Douglass, 46 Id. 42; Mata
“or in the proceedings to collect ter of Smith, 52 Id. 526; Matter of
the same” defined as any irregu- Phillips, 60 Id. 16.
larity in the proceedings for the (112) It seems that any omission to
collection of the assessment. Matter comply with the substantial mal
of Babcock, 23 How. Pr. 118.
datory requirements of a statute by
(g) This section does not permit the authorities having jurisdiction
an inquiry as to whether the work to authorize'a public improvement,
has been well done, or the contract
will vitiate an assessment made to
fully performed, or whether the pay for such improvement. Maths
materials used were according to of Pennie, 108 N. Y. 364, 373, ait ;
specifications, etc. Matter of Lewis, 45 Hun, 391.
51 Barb. 82; s. C., 35 How. Pr. 162.
(12) Who is "party aggrieved."
(h) Nor is fraudulent collusion
hetween a city official and the con-
proceedings, may impeach an as-
tractor in awarding a contract, and
sessment. Matter of Astor, 53 N. Y.
in ascertaining and allowing the 617.
amount paid under the contract, (o) A former owner of premise
M
LOV
el, not a party to the
$ 959]
VACATING ASSESSMENTS.
469
assessed, who is bound to indem- (0) A petition under this sec-
nify his grantee against the assess tion, alleging in general terms
ment or to remove it as a cloud on “that certain frauds and substan-
title, is a party legally aggrieved tial errors have been committed in
within the meaning of this section, the proceedings,” in the absence
and entitled to apply for relief of any motion to make the petition
against an assessment. Matter of more definite and certain, and of
Phillips, 60 N. Y. 16.
an objection to proof under it,
(0) A grantee of premises, who held sufficient. Matter of Living-
assumes the payment of assess- ston, 121 N. Y. 94.
ments thereon and subsequently (w) Where fraud or legal irregu-
pays the same, is entitled to main- larity is alleged, it is necessary for
tain the proceedings. People ex the petitioner to affirmatively make
rel. Austin v. Cooper, 17 Weekly out the same, not to throw upon
Dig. 537.
the city the necessity of proving
(q) A mortgagee, under certain its proceedings regular before they
circumstances, held the “party ag are impeached. Matter of Bab-
grieved.” Matter of Walter, 75 N. cock, 23 How. Pr. 118; Matter of
Y. 354, rev'g 14 Hun, 148.
Bassford, 50 N. Y. 509.
(v) A lessee, who by the terms of (3) The burden of proof is on
his lease is bound to pay any assess the party aggrieved to show sub-
ment laid upon the premises, is stantial error. Matter of Mutual
also a party aggrieved within the Life Ins. Co., 89 N. Y. 530, affi'g 27
meaning of this section. Matter Hun, 22; Matter of Voorhis, 90 N.
of Burke, 62 N. Y. 224.
Y. 668; Matter of Hebrew Orphan
(s) One who purchases land after Asylum, 70 Id. 476; Matter of Bass-
the confirmation thereon of an as ford, 50 Id. 509.
sessment for a local improvement, (v) Payment of assessment is a
and who takes, by the terms of his bar to proceeding to vacate, since
deed, subject to any and all assess no lien exists. Matter of Lima, 77
ments, is presumptively the “party N. Y. 170; Matter of Hughes, 93 Id.
aggrieved” within the meaning of 512. But where payment is made,
this section, and it seems, that if after the proceeding is instituted,
he has in fact been indemnified it does not affect the right of the
against the assessment, or the applicant to relief. Matter of
amount thereof was deducted from Hazleton, 58 Fun, 112; S. C.11 N.
the purchase-price, these are facts Y. Supp. 557: Matter of Hughes, 93
for the city to show. Matter of N. Y. 512; Matter of Purssell, 85
Gantz, 85 N. Y. 536, rev'g 23 Hun, Id. 330; Matter of Mehrbach, 97 Id.
350; overruling Matter of Moore, 601. .
14.013; compare Matter of Con- (*) Where it appears that only a
ley, 22 Id. 603. See Matter of Pen portion of the work for which an
nie, 108 N. Y. 364, affi'g 45 Hun, 391. assessment is laid has been done
(t) What court has jurisdiction. without lawful authority, and that
That remedy to vacate or modify the entire increased expense re-
assessments is limited to Supreme sulting from the unlawful work
Court, see Eno v. The Mayor, 68 N. was borne by the city, the assess-
Y. 214. See contra, Matter of Pres ment, should not be varated. Matter
bytery, 54 How. Pr. 226.
of Mutual Life Ins. Co., 89 N. Y.
(u) Procedure.--In proceedings to
530; affi'g 27 Hun, 22.
vacate an assessment, the court is (90) A special proceeding pend-
confined to the allegations of the ing undetermined, to vacate an as- .
petition. Rich's Case, 12 Abb. Pr.
118.
sessment, cannot be continued on
Defects in the proceedings the death of the party by his execu-
not objected to in the petition tor or administrator. Matter of
cannot be considered. Horn's Case, Palmer, 115 N. Y. 493; affi'g 43 Hun,
Id. 124; Matter of Clark, 31 Hun, 572; Leavy V. Guardner, 63 N. Y.
198. It is not enough to allege in 624; Matter of Roberts, 6 Ñ. Y.
netition that the proceedings are Supp. 195; Matter of Ferris, Id.
irregular, hut, existence of irregu 861. But see People er rel. Fair-
Tuy must be alleged. Miller's child v. Commrs. 105 N. Y. 674.
Case, 12 Abh. Pr. 121. See, also, as
(bb) See Matter of Lord, 78 N. Y.
to requisites of netition, Matter of 109; Matter of Saunders, 21 Hun,
Keyser, 10 Id. 481.
579, as to laches in proceedings to
470 ASSESSMENTS NOT VOID FOR IRREGULARITY. [$$ 959, 960
vacate an assessment. These cases 6 N. Y. Supp. 625; affi'd 119 N. Y.
were decided before the passage of 628.
L. 1880, ch. 550, § 12, incorporated (dd) A proceeding by petition to
in § 963, post See also on question vacate an assessment is a special
of laches, Matter of Hazleton, 58 proceeding under § 3240, Code of
Hun, 112; S. C., 11 N. Y. Supp. 557; Civil Procedure, and costs are in
Matter of Rosenbaum, 119 N. Y. 24. the discretion of the court. Mat-
(cc) The certificate given under ter of Jetter, 78 N. Y. 601; rev'g 14
Laws of 1880, ch.-557, in relation to Hun, 93; Matter of Presbytery, 54
improvement of First avenue, be- How. Pr. 226. But no costs follow
tween Ninety-second and One Hun the decision of the court, unless
dred and Ninth streets, was simply allowed by it. Matter of Prot.
a substitute as a special case for · Episcopal School, 86 N. Y. 396, affi'g
the certificate required by $ 946, in 24 Hun, 367.
cases of assessments, and did not (ee) As to the applicability of
deprive property owners of the this section, see Matter of Feust, 121
remedies provided by this section. N. Y. 299.
Matter of Cullen, 53 Hun, 534; S. C., (ff) See cases cited under § 947,
ante, and § 960, post.
Assessments not to be set aside for certain irregularities and tech-
nicalities.
§ 960. No assessment heretofore made or imposed, or which shall
hereafter be made or imposed for any local improvement or other
public work, already completed or now being made or performed,
or which shall hereafter be made, done, or performed, shall here-
after be vacated or set aside for or by reason of any omission to
advertise, or irregularity in advertising any ordinance, resolution,
notice, or other proceeding relative to, or authorizing the improve-
ment or work for which such assessment shall have been made or
imposed, or for proposals to do the work, or for or by reason of the
omission of any officer to perform any duty imposed upon him, or
for or by reason of any defect in the authority of any
department or officer upon whose action the assessment shall
be in any manner or to any extent dependent, or for or by reason of
any omission to comply with or carry out any detail of any law or
ordinance, or for or by reason of any irregularity or technicality,
except only in cases in which fraud shall be shown and in case of an
assessment for repaving any street or public place, upon property for
which an assessment has once been paid for paving the same street
or public place; and all property in said city benefited by any
improvement or other public work already completed, or now being
made or performed, and hereafter made, done, or performed, except
as aforesaid, shall be liable to assessment for such improvement of
work, and all assessments for any such improvement or other public
work shall be valid and binding notwithstanding any such omission,
irregularity, defect in authority, or technicality. No assessment
shall be vacated by reason of fraud or irregularity in the proceeding,
to collect the same by sale of the assessed premises; but, upon pro
S8 960–9627 POWER TO VACATE ASSESSMENTS LIMITED. 471
of such fraud or irregularity, such sale shall be set aside and the
respective rights and liabilities of the assessed person and of The
City of New York shall become and be the same as if such sale had
not been made.
L. 1882, ch. 410, $ 899.
(a) This section and § 959, ante, (e) The court has no power, ex-
are not in conflict, but are to be cept in cases of fraud or repave-
construed in pari materia; underment, to vacate an assessment for
this section no assessment can be an omission to advertise. Matter of
vacated for any of the defects or Agnew, 4 Hun, 435; affi'd 63 N. Y.
irregularities specified therein, un 635; Astor v. The Mayor, 37 N. Y.
less actual fraud is shown; under Super. (J. & S.) 539; rev'd on other
§ 959 an assessment may be va grounds in 39 Id. 120; latter deci.
cated for fraud or substantial er sion affi'd in 62 N. Y. 580; Eno v.
ror, but the error must not be one The Same, 68 Id. 214, rev'g 7 Hun,
mentioned or described in this sec 320.
tion. Matter of N. Y. Prot. Epis. (f) See, however, Matter of An-
Public School, 75 N. Y. 324; Matter derson, 60 N. Y. 457, modifying 48
of Emigrant Ind. Bank, Id. 388. How. Pr. 279, a case in which the
(6) This section is a general pro failure to advertise an improve-
vision embracing assessments for ment was held “substantial error,”
all local improvements and public under § 959, ante.
work, including the opening or en (g) Proceedings to vacate under
larging a street, and is applicable as this section apply only to the lands
well to an assessment for that pur described therein, and the vacation
pose as to an assessment laid after of the assessment as to those lands
a street is actually opened. Astor does not operate to render the en-
v. The Mayor, 62 N. Y. 580, affi'g tire assessment invalid. Matter of
39 N. Y. Super. (J. & S.) 120; dis Delancey, 52 N. Y. 80.
tinguishng Matter of Arnold, 60 N. (1) A decision denying proceed-
Y. 26, and Matter of Mayer, 50 Id. ings to vacate an assessment does
504; Matter of Deering, 55 How. Pr. not validate the whole assessment,
or bind or affect other parties ag-
© This section is not unconsti- grieved by it. Matter of Rosen-
tutional as in violation of United baum, 119 N. Y. 24. See Purssell v.
States Constitution, Fourteenth The Mayor, 85 Id. 330.
Amendment, or State Constitution. (i) See Dolan v. The Mayor, 62
Astor v. The Mayor, 62 N. Y. 580; N. Y. 472; Matter of Voorhis, 3
Lennon v. The Same, 55 Id. 361. Hun, 212; S. C., 5 Supr. Ct. (T. & C.
(d) The section applies to suits 345; affi'd 62 N. Y. 637; Matter of
as well as to special statutory pro Furniss, 4 Hun, 624; Matter of
ceedings; it prohibits the granting Deering, 14 Daly, 89; S. C., 3 N. Y.
of relief in any form of proceeding, State Rep. 593, as to what defects
by reason of the irregularities, etc., will not invalidate an assessment
set forth in the section. Lennon v. within the provisions of this sec-
"The Mayor, supra.
tion.
296.
'
All claims may be embraced in one proceeding.
§ 961. Any person applying for relief, under the provisions of this
title, may embrace in one proceeding any or all assessments for local
improvements in which he is interested.
L. 1882, ch. 410, 4 901.
Power of court to vacate or reduce assessments limited and qualified.
8 962. No court shall vacate or reduce any assessment in fact or
. apparent, whether void or voidable, on any property for any local
472
TIME LIMIT TO VACATE ASSESSMENTS. [SS 962, 963
improvement, otherwise than to reduce any such assessment to the
extent that the same may be shown by parties complaining thereof.
to have been in fact increased in dollars and cents by reason of
fraud or substantial error; and in no event shall that proportion of
any such assessment, which is equivalent to the fair value or fair cost
of any actual local improvement, with interest at the rate of three
per centum per annum from the date of confirmation to the date of
the final order of reduction, and seven per centum thereafter, be dis-
turbed for any cause. The provisions of this section shall apply to
actions to recover money paid for assessments, and the amount
recovered shall be limited to the excess over the fair value or fair
cost of the improvement.
L. 1882, ch. 410, $ 903, L. 1895, ch. 613.
(a) The remedies given by this
title (88 959 and 960) to vacate and
modify assessments are limited to
cases of rcduction, where the
parties complaining show the ex-
tent, in dollars and cents, to which
the assessment has been increased
by fraud or substantial error, and
in no event to a reduction below
tl, fair value of the improvement.
Matter of Smith, 99 N. Y. 424; Mat-
ter of Mead, 74 id. 216; Matter of
Brainerd, 51 Hun, 380; affi'd 117 N.
Y. 623; Matter of Smith, 67 How.
Pr. 501; Matter of Cullen, 53 Hun,
534. See Chase v. Chase, 95 N. Y.
373, 380, 381; Matter of Feust, 121
N. Y. 299; affi'g 8 N. Y. Supp. 420.
(6) See, as to method of reduc-
tion under this section, Matter of
McCready, 27 Hun, 421; affi'd 90 N.
Y. 652.
(c) Section 959 has not taken
away the remedy by petition for a
vacation or reduction of an assess-
ment for fraud or substantial er-
ror, under contract made after
June 9, 1880, but by this section
the remedy is restricted to a reduc-
tion of the assessment to the ex-
tent it was increased, by reason of
the fraud or substantial error, but,
it seems, in no event can reduction
be below fair value of improve-
ment. Matter of Feust, 121 N. Y.
299.
(d) In proceedings under this
section the court has no power to
relieve an aggrieved party except
in the manner provided therein by
reducing the assessment in case
there has been an increase in the
cost of the work through fraud or
substantial error. It cannot send
the assessment back to the assess-
ors for revision to correct errors in
the principle on which it is based.
In re Chesesbrough, 17 N. Y. Supp.
791.
(e) The provisions of this title
($$ 958-962) prohibiting the reduc-
tion or disturbance of an alleged
illegal assessment, beyond the fair
value of the improvement, do not
apply to a common-law action
brought by a property owner to
recover from the city money paid
by him upon an illegal assessment,
by coercion of law to prevent a sale
of his property, and do not prevent
a recovery in such action of the
entire amount of the assessment so
paid by him, notwithstanding that
the improvement for which the as-
sessment was made was highly
beneficial to the property, or that
some items included in it **
proper and legally incurred. Poth
V. The Mayor, 151 N. Y. 16; affi'g
77 Hun, 225; Tripler v. The Same,
125 N. Y. 617.
(f) See in re Harrison, 1 N. Y. .
Supp. 688.
When proceeding to vacate, etc., to be brought.
§ 963. All proceedings to vacate or reduce assessments in The
A
88 963, 9647 RE-ASSESSMENT FOR IMPROVEMENTS.
473
City of New York must be brought within one year after the con-
firmation thereof.
L. 1882, ch. 410, § 904. See Matter of Hazleton, 58 Hun, 112; S. C.; 11 N.
Y. Supp. 557.
TY
Re-assessment.
$ 964. Any lands which may be discharged from any lien for an
assessment for any local improvement may be again assessed, in the
manner provided by law, for such amount as would have been justly
chargeable if fraud or irregularity had not been committed; and the
amount so assessed shall be a lien on said lands until paid, and shall
be collectible in the manner provided by law for the collection of
assessments, but all proceedings to make a new assessment shall be
at the expense of the city.
L. 1882, ch. 410, § 905. See Matter of Van Antwerp, 56 N. Y. 261; Lang
v. Kiendl, 27 Hun, 66.
TITLE 4.
OPENING STREETS AND PARKS.
Sec. 970. Authority to open streets.
971. Removal of buildings.
972. Columbia college, St. John's college and University of The City
of New York; streets not to be opened through grounds of.
973. Application for the appointment of commissioners.
974. Amendments of defects.
975. Vacancies among commissioners; how filled.
976. Two commissioners may act.
977. Oath of commissioners.
978. Commissioners to view and give notice of their appointment.
979. Certain powers of commissioners.
980. Commissioners to ascertain damages and benefit.
981. Abstract of estimate and assessment to be deposited.
982. Amendment of abstract.
983. Witness; how compelled to testify.
984. Commissioners to present report to court.
985. Report; what to contain.
986. Proceedings upon presentation of report for confirmation.
987. Duplicate copies of report to be filed.
988. Appeals.
989. Appeal to Court of Appeals authorized.
990. Vesting of title.
991. Within what time proceedings to be completed; removal of
commissioners.
992. Owners may convey to the city.
993. Subdivision of plots.
994. City may agree with owners.
995. City entitled to compensation and liable to assessment.
i
/
474
[S 970
OPENING STREETS AND PARKS.
SEC. 996. Contracts of landlord and tenant; how affected.
997. Corporation counsel to represent interests of city before com- .
missioners, and provide clerks and offices; expenses.
998. Ulutr costs and charges.
999. Taxation of costs.
1000. Discontinuance of proceedings.
1001. Damages for land taken; when to be paid.
1002. Moneys of persons under disability; how disposed of; moneys
paid to wrong persons...
1003. Sums to be equally and proportionately assessed.
1004. Sums assessed to be liens.
1005. Comptroller to publish notice of confirmation of assessment, etc.
1006. Interest to be charged if not paid in sixty days.
1007. Interest limited to excess in certain cases.
1008. Notices in proceedings to open streets; how published.
1009. Application of last three sections.
1010. What included in word “street” as used in chapter.
1011. Order appointing commissioners to be filed in register's or
county clerk's office.
y
Authority to open streets.
$ 970. The City of New York is authorized to acquire title for the
use of the public to all or any of the lands required for streets,
parks, approaches to bridges and tunnels, sites or lands above or
under water for bridges and tunnels, and sites or lands above or
under water, for all improvements of the navigation of waters within
or separating portions of The City of New York, or of the water
fronts of The City of New York, or part or parts thereof, heretofore
duly laid out upon the inap or plan of the city of New York, of the
city of Brooklyn, or Long Island city or of any of the territory by
this act consolidated with the corporation heretofore known as the
mayor, aldermen and commonalty of the city of New York, or here-
after duly laid out upon the map or plan of The City of New York,
as herein constituted, and to cause the same to be opened. The
board of public improvements is authorized to direct the same to be
done whenever and as often as it shall deem it for the public inter-
ests so to do. The lands, tenements and hereditaments that may be
required for such purposes may be taken therefor, and compensa-
tion and recompense made to the parties and persons, if any such
there shall be, to whom the loss and damage thereby shall be
deemed to exceed the benefit and advantage thereof, for the excess
of the damage over and above the value of said benefit. The City of
New York is authorized to make application, or to cause applica-
tion to be made, to the supreme court of this state in the first of
second judicial departments, as the case may be, for the appoint-
ment of commissioners of estimate and assessment to ascertain and
88 970, 971] REMOVAL OF BUILDINGS ON STREETS OPENED. 475
determine the compensation and recompense which should justly be
made to the respective owners, lessees, parties and persons respec:
tively entitled unto or interested in the lands, tenements, heredita-
ments and premises proposed to be taken for any of the purposes
aforesaid, and to assess the cost of such improvement, of such pro-
portion thereof as the board of public improvements directs, upon
such parties and persons, lands and tenements as may be deemed to
be benefited thereby. Streets or portions thereof which are con-
tinuations of each other in the same general direction may be
einbraced in the same proceeding. The moneys collected upon the
assessment of the commissioners of estimate and assessment shall
be paid into the city treasury. The damages awarded by the com-
missioners of estimate and assessment shall become due and payable
immediately upon the confirmation of the report of said commis-
sioners of estimate and assessment.
L. 1882, chi 410, 8 964.
(a) Assessments for opening and
grading streets are imposed in the
exercise of the taxing power and
not that of eminent domain. Dyker
Meadow Land & Improvement Co.
v. Cook, 3 App. Div. 164; S. C., 73
N. Y. State Rep. 716; 38 N. Y. Supp.
222.
(6) The action of the city au-
thorities in opening a new street or
altering an old one, under this sec-
tion, is the exercise of a legislative,
and not of a judicial power. Wig-
gin v. The Mayor, 9 Paige, 16.
(c) The expediency or policy of
the contemplated improvement, un-
dertaken by the city officers in
opening or altering a street, cannot
be reviewed by the courts or the
commissioners of estimate and as-
sessment, appointed. Matter of
William and Anthony Sts., 19 Wend.
678, 681; Matter of John and Cherry
Sts., Id. 659, 667; Matter of Albany
St., 11 Id. 149, 151; Opening of Al-
bany St., 6 Abb. Pr. 273, 275; Mat-
ter of Church St., 49 Barb. 455. See
Matter of Fowler, 53 N. Y. 60.
(d) Nor have the commissioners
any authority to pass upon the
regularity or validity of the pro-
ceedings, or the constitutionality
of the act under which the proceed-
ings are instituted. Matter of
Dept. of Public Parks, 85 N. Y. 459,
affi'g 24 Hun, 378.
(e) But, where power is dele-
gated to a municipal corporation
to take the property of the city
in invituin, all the prescribed pre-
requisites to the exercise of that
power must be strictly observed
and conformed to, and the proceed-
ings may be attacked for want of
jurisdiction in the commissioners
to act, or because the same were
unauthorized by law, or in viola-
tion of constitutional limitations.
Matter of City of Buffalo, 78 N. Y.
362; Matter of Dept. of Public
Parks, 85 Id. 459; Matter of Spuy-
ten Duyvil Parkway, 67 How. Pr.
341. .
(f) The corporation is not
estopped by a former grant of
land, from taking it for a street,
as a distinction is to be observed
between the legislative powers of a
municipal corporation, and the ex-
ercise of its property rights; no act
done by the corporation in regard
to its property can be set up as an
estoppel to action in matters
which require legislation for the
interests of the city. Opening of
Albany St., 6 Abb. Pr. 273.
Removal of buildings.
: 8971. The board of public improvements may permit any build-
ing which shall be either partly or wholly included within the limits
476
COMMISSIONERS FOR OPENING STREETS. [S8 971, 973
of any such street, or park laid out in the said city, and so to be
opened as aforesaid, to remain unremoved for such time or times as
they shall think proper.
L. 1882, ch. 410, $ 1004.
Columbia college, St. John's college and University of The City of New
York; streets not to be opened through grounds of.
§ 972. It shall be unlawful to open any streets through the
grounds belonging to the corporation of St. John's College, in its
actual occupation at what was formerly known as Fordham, or
through or upon any part of the land and premises now owned by
the University of The City of New York, extending from Sedgwick
avenue to Aqueduct avenue, in the city of New York, and lying
immediately south of and adjacent to One Hundred and Eighty-
first street, sometimes called University avenue, so long as the same
shall be owned or occupied for educational purposes by the said uni-
versity; provided, however, that nothing in this section contained
shall be construed to interfere with the opening of One Hundred
and Eighty-first street, between Andrews avenue and Aqueduct ave-
nue, at any time hereafter, and provided that the said University of
The City of New York shall dedicate without claim or reward for
damages all of the land required for East One Hundred and Eighty-
first street, between Andrews avenue and Aqueduct avenue. No
street from One Hundred and Sixteenth street to One Hundred and
Twentieth street, or from Amsterdam avenue to the Boulevard
shall at any time be opened through the grounds of Columbia
college, so long as such grounds are owned or occupied for
educational purposes.
| L. 1882, ch. 410, 8 1007.
.
Application for the appointment of commissioners,
§ 973. Whenever the opening of any street shall have been duly
authorized and directed, as provided in this act, it shall be the duty
of the corporation counsel immediately to institute a proceeding to
acquire title for the use of the public to the land required for such
street, and upon due notice by advertisement duly published in the
“ City Record” and the corporation newspapers for ten days, and
by causing copies of the same in handbills to be posted for the same
space of time in three conspicuous places adjacent to the property
to be affected by the intended improvement, to make application to
the supreme court, in the appropriate department thereof within the
city, and in the manner appropriate to proceedings for the appoint-
$ 973]
477
COMMISSIONERS FOR OPENING STREETS.
ment of commissioners of estimate and assessment, indicating in
such application the land required for that purpose by reference to
the maps on file in his office. Upon such an application it shall be
lawful for the said court to nominate and appoint three discreet and
disinterested persons, being citizens of the United States, commis-
sioners of estimate and assessment in said proceeding, for the per-
formance of the duties in this chapter mentioned. The corporation
counsel may nominate three discreet and disinterested persons to
said court, of whom it may designate one who may be appointed.
Any person who may be interested in the property which will be
affected by the intended improvement, which interest for this pur-
pose shall be decided by his own affidavit stating the nature and
extent of such interest, may present to the court the name of one or
more persons whose names shall form a list out of which, if a major-
ity in interest of the persons so interested shall agree upon the ruline
of one person, that person may be appointed; but if a majority shall
not agree upon one person, then the court may appoint one person
out of the names on such list, after which the said court inay
appoint a third person out of the names so presented by the corpora-
tion counsel and by the parties interested; all of which persons so
named shall be subject to the right of challenge on the ground of
interest, incapacity or disqualification to be exercised by the corpo-
ration counsel or by any person having an interest in the said pro-
ceedings; and if any of them be rejected for good cause, or refuse to
serve, then another may be nominated in his stead by the same
party.
L. 1882, ch. 410, 8 965, L. 1893, ch. 660..
(a) The notice of application for
appointment of commissioners need
not state the exact dimensions of
the land to be taken, but is suffi-
cient if it states the nature of the
improvement to be the opening of
a street, and its extent; the affi-
davits of posting of notice in a
conspicuous place are not required
to state the place where the notice
was posted. Opening of Albany
St., 6 Abb. Pr. 273.
(6) On the application for the ap-
pointment of commissioners, the
power of the court is confined to
two duties, namely, to ascertain
that the commissioners are proper
and suitable persons, and to deter-
mine the regularity of the pro-
ceedings. Ibidy
C) To enable the court to nomi-
nate and appoint commissioners as
provided by the statute, affidavits
showing the qualifications of the
persons named as commissioners
should be produced on the applica-
tion for the appointment. Matter
of Houston St., y Hill, 175.
(d) It is a sufficient objection to
the naming of a person as com-
missioner that he has expressed
opinions on a question arising in
the case, that, if carried out, would
defeat the application. Opening of
Albany St., 9 Abb. Pr. 273.
(e) It is no objection to a com-
missioner that he is a member of
the common council, and that a
portion of the property assessed
belonos to the corporation. Mat-
ter of Twenty-sixth St., 12 Wend.
203; Matter of Eleventh Ave., 49
How. Pr. 208.
478
188 973-975
DEFECTS IN PROCEEDINGS.
(f) It is no objection to a com-
missioner that he holds the title
as trustee of infants, of lands for
which damages are assessed. Mat-
ter of South Seventh St., 48 Barb. 12.
(g) It is too late, upon a motion
to confirm the commissioners' re-
port, to object to a commissioner,
upon the ground of personal in-
terest; such objection will be
deemed waived unless made at the
hearing of the application for his
appointment. Matter of Southern
Boulevard, 3 Abb. Pr. (N. S.) 447.
(h) Parties who have appeared
before commissioners of estimate
and assessment duly appointed by
the court, after advertising and
notice, under this section, without
opposition on the part of any prop-
erty owner, no appeal being ever
taken from such order of appoint-
ment-and have opposed the com-
missioners in all their proceedings.
until the final confirmation of the
report, are, thereafter, precluded
from questioning the jurisdiction
of the court or the commissioners.
Matter of Spuyten. Duyvil Parkway,
67 How. Pr. 341. See Matter of
Cooper, 93 N. Y. 507.
Amendments of defects.
§ 974. Said court shall have power at any time to amend any
defect or informality in any special proceeding authorized by this
title, that may be necessary, or to cause property to be affected
thereby to be excluded, or other property to be included therein by
amendment, upon ten day's notice published and posted as afore-
said, and to direct such further notices' to be given to any party in
interest as it deems proper, and also to appoint other commissioners
in place of any who shall die, or refuse, or neglect to serve, or be
incapable of serving, or be removed. If, in any particular, it shall,
at any time be found necessary to amend any petition, pleading,
proceeding or order, or to supply any defect therein, arising in the
course of any special proceeding authorized by this title, the same
may be amended or supplied in such manner as shall be directed
by the supreme court, which is hereby authorized to make such
amendment or corrections.
L. 1882, ch. 410, § 965, as amended by L. 1893, ch. 660.
Vacancies among commissioners; how filled.
§ 975. In case of the death, resignation, refusal to act, or failure to
qualify within ten days after his appointment of any such commis-
sioner of estimate and assessment, to be appointed under and by
virtue of this title, for any such aforesaid purpose, it shall and may
be lawful for the court aforesaid, or of any of the justices thereof,
on the application of the city, on notice only to any person interested
who may have appeared on the prior application, as often as such
event shall happen, to appoint a discreet and disinterested person,
being a citizen of the United States, in the place and stead of such
commissioner so dying, resigning, refusing to act, or failing to qual-
ify, and the surviving or acting commissioners, as the case may be,
shall have power to proceed in the execution of the duties of theif,
88 975-9787 COMMISSIONERS TO VIEW PREMISES.
479
appointment, until a successor of the commissioner so dying, resign-
ing, or refusing to act, or failing to qualify, shall be appointed..
L. 1882, ch. 410, 8 966, L. 1893, ch. 660.
(a) Where one of the commis-
sioners declines to act, the court
can supply the vacancy without
notice of motion for an appoint-
ment. That want of notice could.
only be an irregularity. Matter of
Broadway Widening, 63 Barb. 572.
Two commissioners may act.
§ 976. In all and every case of the appointment of commissioners.
by the court aforesaid, for any of the purposes aforesaid, it shall be
competent and lawful for any two of such said commissioners so-
to be appointed, to proceed to and execute and perform the trusts
and duties of their said appointment, and their acts shall be as valid
and effectual as the acts of all the commissioners so to be appointed
for such said purpose if they had acted therein would have been.
In all cases the acts, decisions, and proceedings of the major part of
such of the commissioners to be appointed for any of the purposes
aforesaid as shall be acting in the premises, shall always be as bind-
ing, valid and effectual as if the said commissioners named and
appointed for such purpose had all concurred and joined therein.
L. 1882, ch. 410, 8 967.
(a) This section permitting any
two commissioners to act is not in
violation of the provisions of the
Constitution of the State, that
whenever private property is taken
for public use, for compensation,
when “not made by the State, shall
be ascertained by a jury, or by not
less than three commissioners.”
Matter of Mayor of N. Y., 99 N. Y.
569, affi'g 34 Hun, 441; Matter of
Church St., 49 Barb, 455; Matter of
Broadway Widening, 63 Id. 572.
(6) See Matter of 181st St., 63
Hun, 629; S. C., 17 N. Y. Supp. 917.
Oath of commissioners.
$ 977. Commissioners when they are appointed and before they
enter upon the performance of the duties of their appointment,
shall severally take and subscribe before some person authorized by
law to administer oaths, the following oath or affirmation: “I do
solemnly swear (or affirm) that I will support the constitution of the
United States and the constitution of the state of New York, and
that I will faithfully discharge the duties of the office of commis-
sioner according to the best of my ability.” Such oath or affirmation
shall be filed in the office of the clerk of the county in which the
order appointing the said commissioners has been entered.
L. 1882, ch. 410, 8 968.
commissioners to view and give notice of their appointment.
8978. It shall be the duty of the said commissioners when
480
[SS 978, 979
POWERS OF COMMISSIONERS.
appointed in a proceeding, to view the lands, tenements and prem-
ises to be thereby acquired, and lands, tenements, hereditaments,
and premises adjacent thereto, if they shall deem such view to be
necessary or useful. They shall cause to be published in the “City
Record” notice of their appointment, containing a brief statemerit
of the purposes for which they have been appointed, and requiring
all parties and persons interested in the real estate taken or to be
taken for the purpose of opening, extending, enlarging, straighten-
ing, altering or otherwise improving the said street or park affected
thereby, and having any claim or demand on account thereof, to
present the same to them duly verified, with such affidavit or other
proof as the owners or claimants may desire, within twenty days
after the date of such notice, and stating a time and place after the
expiration of said twenty days when the said parties and persons
shall be heard in relation thereto by the said commissioners. At
the time and place fixed by said notice, or at any such further or
other times and places as the said commissioners may appoint, the
said commissioners shall hear such owners and examine the proof
of such claimant or claimants, or such additional proof and allega-
tions as may then be offered by' such owners, or on behalf of The
City of New York.
L. 1882, ch. 410, 8 969, L. 1892, ch. 535, L. 1893, ch. 660.
1
Certain powers of commissioners.
§ 979. It shall be lawful for the commissioners of estimate and
assessment duly appointed in proceedings authorized by this title
to administer oaths. And the said commissioners may, as a condi-
tion for the opening of a default, require the party applying there-
for to pay the fees of the commissioners, and the clerical expenses of
the commissioners, for the additional meeting or meetings of the
commissioners made necessary by the fault of such party. They
shall reduce any testimony taken before them to writing. They
may cause such maps or diagrams to be prepared, if they deem the
same necessary, as will enable or assist them to hear and determine
the claims or interests of the said owners and persons interested.
From the surveys and maps furnished to or prepared by them an
such other information as the said commissioners shall possess of
obtain, they shall cause diagrams to be prepared which shall dis-
tinctly indicate, by separate numbers, the names of the owners of or
the claimants to the respective plots or parcels of land to be taken of
assessed by such proceeding, and which shall also specify, in figures,
with sufficient accuracy, the dimensions and bounds of each said
$$ 979,980] COMMISSIONERS' DUTIES IN MAKING ESTIMATES. 481
tracts or parcels. The said commissioners, before the completion of
their estimate and assessments, may obtain from The City of New
York a profile or plan, if they shall deem the same useful, showing
the intended regulation of the street, or part of a street, with regard
to the opening of which they have been appointed, as to the eleva-
tion or depression thereof, after the same shall be opened, extended,
enlarged, straightened, altered, or otherwise improved, as the case
may be; and also profiles or plans, if they shall deem the same useful,
showing the intended regulation of the adjacent street or streets, as
to the elevation or depression thereof, after such improvement. The
said commissioners may require any board, department, or officer of
The City of New York to furnish to them such surveys and maps as
may be required by thein.
L. 1882, ch. 410, § 969, as amended by L. 1893, ch. 660; L. 1882, ch. 410,
$ 1004.
Commissioners to ascertain damages and benefit.
§ 980. After hearing such testimony and considering such proofs
as may be offered, the commissioners, or a majority of them, all hav-
ing considered the same, or having had an opportunity to be present,
shall, without unnecessary delay, ascertain and estimate the com-
pensation which ought justly to be made by The City of New York
to the respective owners, lessees, parties and persons respectively
entitled unto or interested in the lands, tenements, hereditaments
and premises so required for the improvement; and make a just and
equitable estimate and assessment also of the value of the benefit and
advantage of such improvement to the respective owners, lessees,
parties and persons respectively entitled unto or interested in the
lands, tenements, hereditaments and premises not required for the
said improvement, and prepare an abstract of their estimate and
assessment. They shall not, in making their estimate and assess-
ment of the value of the benefit and advantage of the said improve-
ment, be confined to any definite limit, but shall and hereby are
atithorized to extend such estimate and assessment to any and all
such lands, tenements and hereditaments and premises as they may
deem to be benefited by the improvement, and which they may judge
expedient to include in their report in the premises. The board of
public improvements may in any case determine whether any, and,
! any, what proportion of the cost and expense thereof shall be
borne and paid by The City of New York, and the remainder of such
cost and expense shall be assessed upon the property deemed to be
benefited thereby. The said commissioners shall in no case assess
31.
482 COMMISSIONERS' DUTIES IN MAKING ESTIMATES. [$ 980
any house, lot, improved or unimproved lands, more than one-half
the value of such house, lot, improved or unimproved land, as valued
by them. It shall be lawful for the said commissioners, if they shall
deem it just and equitable under the circumstances to do so, but not.
otherwise, to assess any part, not exceeding one-third part of the
estimated value of any building or buildings taken in the proceed-
ing, but not of any other improvement, upon The City of New York.
If the said commissioners of estimate and assessment shall judge
that any intended regulation will injure any building or buildings
not required to be taken for the purpose of opening, extending,
enlarging, straightening, altering, or improving such street or part
of a street, they shall proceed to make, together with the other esti-
mates and assessments required by law to be made by them, a just
and equitable estimate and assessment of the loss and damage which
will accrue, by and in consequence of such intended regulation, to
the respective owners, lessees, parties and persons, respectively,
entitled unto or interested in the said building or buildings so to be
injured by the said intended regulation; and the sums or estimates
of compensation and recompense for such loss and damage shall be
included by the said commissioners in their report and included in
the assessment for benefit.
L. 1882, ch. 410, § 970, as amended by L. 1893, ch. 660.
(a) The commissioners have the
power to administer oaths to wit-
nesses. They have no right to re-,
ceive unsworn estimates of ap-
praisers, although they may add to
their stock of knowledge by in-
quiries from persons not under
oath; and if they do not personally
perform the duties of appraisal,
but govern themselves by unsworn.
estimates thereof, the report will
be sent back. Matter of John and
Cherry Sts., 19 Wend. 659.
(6) For method of proceeding of
commissioners in making estimate
of damage and benefit, see Matter
of William and Anthony Sts., 19
Wend. 678.
(c) An assessment should be by
lots and not by blocks, where the
value of the land diminishes with
the distance from the starting
point. Sharp v. Johnson, 4 Hill, 92.
(d) In respect to the area of
assessments of property for the
benefit of a street improvement,
the discretion is vested by law in
the commissioners, and is not the
subject of review by the courts
Matter of Church St., 49 Barb. 455.
(e) An occupant is a person “in-
terested” in the land which he
possesses, within the meaning of
this section, as to estimate of bene-
fit and damage to be made by the
commissioners. Gilbert v. Have-
meyer, 2 Sandf. 506.
(f) In general, the rule is to as-
sess the land on each side of a
street for opening the same, in
such manner that each lot shall
pay one-half the expense of the
street immediately in its front.
Matter of Twenty-sixth St., 13
Wend. 203.
(g) But this is not the invariable
rule. The commissioners must
take notice of the several proprie-
tors, 'the nature of their interests,
the form and position of each pare
cel of land, the rights of the owner
in reference to its enjoyment, and
any other circumstances which reng
der the proposed improvemenu
more or less beneficial to him. Mave
ter of Degraw St., 18 Wend. 568.
(h) A parcel may be charged in
greater proportion than the cos
of the work adjacent to its front.
Mayor of Albany, 23 Wend. 277.
8980] COMMISSIONERS' DUTIES IN MAKING ESTIMATES. 483
(2) In determining the amount their duty to award such additional
of the assessment, church edifices, value. Matter of William and An-
a cemetery, reservoir or other prop- thony Sts., 19 Wend. 678.
erty not likely to be soon rented (n) The commissioners having
or sold, should be deemed but assessed the damages of the owner
slightly benefited, and not assessed of the fee, and also of his lessee,
in same proportion as other prop and their report being confirmed,
erty. Matter of The Mayor, 11, it is conclusive, and the lessee can-
Johns. 77; Matter of Albany St., 11 not recover from the owner a part
Wend. 149; Owners of Ground v. of the award to the latter, on proof
The Mayor, 15 Id. 374. But see this that a part was intended by the
rule limited to cases where the commissioners for his benefit. Tur-
owner cannot apply the property to ner v. Williams, 10 Wend. 139.
general uses. Matter of William (0) But where the commissioners
and Anthony Sts., 19 Id. 678.
award the entire damages to the
(1) The commissioners have no landlord, in ignorance of the ten-
authority under the law in making ant's ownership of the buildings,
the estimate of damage, to impose and it appears that a specific part
any condition to be performed by of the damages was assessed for the
the owners of land taken prior to buildings, the tenant can recover
payment to them of the awards that sum from the landlord. Cou-
made. Riker v. The Mayor, 3 Daly, tant v. Catlin, 2 Sandf. Ch. 485.
174. See Hill v. Mohawk R. R. Co., (b) In making the assessment of
N. Y. 152.
leased premises, the tenant is con-
(k) Where owner of lands over sidered owner of the term, and the
which a street is designated by the landlord of the reversion, and the
commissioners' map sells lots, benefit and damage, in respect to
bounding them on such street, such each interest in the premises, are
act alone, without any user, is to be regarded by the commission-
deemed a dedication of the land ers in making their estimates. Gil-
over which the street passes, to lespie v. Thomas, 15 Wend. 464, 471.
public use, so that on the opening (a) In fixing the amount of bene-
of the street, the purchaser of such fit and damage to the owners of
land is only entitled to a nominal lands in the vicinity of the Bloom-.
sum when the same is taken by the ingdale road, arising from the
corporation. Matter of Thirty-sec- opening of streets, the road may
ond St., 19 Wend. 128; Matter of be considered as. closed, under act
Thirty-ninth St., 1 Hill, 191. See, of April 3, 1807, and the plan filed
also, Matter of Seventeenth St., i thereunder. Matter of Twenty-
Wend. 262; Matter of Lewis St., 2 sixth St., 12 Wend. 203.
Id. 472; Livingston v. The Mayor, (r) Sections 958-962, ante, author-
8 Id. 85; Wyman v. The Same, 11 izing proceedings to vacate assess-
Id. 486; Matter of Furman St., 17 ments for local improvements, have
Id. 649.
no application to assessments made
(1) Where the same individual for opening or widening streets.
will suffer damage and derive bene Matter of Arnold, 60 N. Y. 26. See
fit from the improvement, the com Lowerre v. The Mayor, 46 Hun, 253.
missioners are not to state them (s) Where the commissioners, af-
separately, but only the excess of ter the preliminary estimate, dis-
one over the other. Livingston V. cover that certain property has
The Mayor, 8 Wend. 85; Matter of been assessed for a greater amount
William and Anthony Sts., 19 than one-half in value, they do not
Id. 678, 682.
exceed their lawful authority by
; (m) In making their estimate of distributing the amount of such
damages to a lessee the commis excess among the other property
stoners must take into account all benefited, so long as such other
beneficial covenants and condi property is not assessed for a
tions of the lease, including greater amount than the benefit
covenants for renewal on the received, or than that allowed by
one hand, and all covenants and the statute. Matter of Wendover
obligations of the lessee on the Ave., 29 N. Y. Supp. 563; S. C., 48
other; if the covenant of renewal N. Y. State Rep. 868; followed in
will add to the value of the inter Matter of Brook Ave., 8 App. Div.
est of the tenant in the land, it is 294; S. C., 40 N. Y. Supp. 949.
484
COMMISSIONERS TO GIVE NOTICE. [$$ 980, 981
(t) As to assessments of more
than one-half in value, see Matter
of O'Hare, 5 Hun, 287; Matter of
Second Ave. M. E. Church, 66 N. Y.
395, rev'g 5 Hun, 442; Matter of
Church of Holy Sepulchre, 61 How.
Pr. 315; Matter of St. Joseph's Asy-
lum, 69 N. Y. 353, mod'g and affi'g
10 Hun, 113, and dist'g Matter of
Second Ave. M. E. Church, cited
supra; Matter of St. Mark's
Church, 11 Hun, 381; affi'd in 74 N.
Y. 610; Matter of Hebrew B. 0. A.
Soc., 70. N. Y. 476, rev'g in part, 10
Hun, 112; Matter of Merriam, 84 N.
Y. 596; Matter of Cram, 69 Id. 452;
Matter of Schell, 76 Id. 432, rev'g
16 Hun, 283; all cited under $ 947,
ante; also Methodist Episcopal
Church v. The Mayor, 55 How. Pr.
57; and Matter of Palmer, 31 Id.
42, affi'g 1 Abb. Pr. (N. S.) 30.
(u) As to one-third of the value
of any building removed, being as-
sessed on the city, see Matter of
William and Anthony Sts., 19
Wend. 678.
Abstract of estimate and assessment to be deposited.
§ 981. The said commissioners shall deposit in the bureau of
street opening in the law department their said abstract of their
estimate and assessment at least thirty days before their report shall
be presented to the court for confirmation, which abstract shall be
accompanied by copies of the diagrams used by them and which
shall refer to the numbers thereby indicated, and state the several
sums respectively estimated for or assessed upon each of said par-
cels with the name or names, claimant or claimants, so far as ascer-
tained by said commissioners. They shall also deposit all the affi-
davits and proofs used by them in making their report. They shall
also publish a notice for fifteen days in the “ City Record” and in
the corporation newspapers, and when authorized pursuant to this
act, in not more than one newspaper published in the borough in
which the property is located, stating their intention to present' their
report for confirmation to the said court at a time and place to be
specified in said notice, and that all persons interested in such pro-
ceedings, or in any of the lands affected thereby, having objections
thereto, shall file the same, in writing, duly verified, with said com-
missioners within twenty days after the first publication of said
notice, and that the said commissioners will hear parties so object-
ing at a place and at a time after the expiration of said twenty days,
to be specified in said notice. Similar notice for at least ten days
shall be given of any new, supplemental or amended abstract. At
the time and place named in said notice the said commissioners
shall hear the person or persons who have objected to the said
abstract, and who may then and there appear, and shall have power.
to adjourn from time to time until all such persons shall be fully
heard.
L. 1882, ch. 410, $ 984, as amended by L. 1893, ch. 660.
(a) The failure of a person to file
objections within the period fixed
by statute will be deemed laches,
and preclude the property owner
where no sufficient reason appears
for the delay. Matter of Lexing
$$ 981–983]
485
CHANGE OF ESTIMATES.
ton Ave., 45 N. Y. State Rep. 884;
S. C., 18 N. Y. Supp. 828; affi'd 133
N. Y. 673
(6) If the objections are not pre-
sented to the commissioners, in the
first instance, they cannot be re-
viewed or passed upon, by the
court, on the confirmation of the
report, under $ 986, post. Matter of
Eleventh Ave., 49 How. Pr. 208;
Morningside Park Case, 10 Abb. Pr.
(N. S.) 338; Matter of William and
Anthony Sts., 19 Wend. 678; Mat-
ter of Harman St., 16 Johns. 231.
See Matter of Washington Park, 1
Sandf. 283.
(c) But, in case of surprise, when
the opposing party was not, in
fact, apprised of the proceedings,
the matter will be referred back to
the commissioners to give the
party an opportunity to present his
objections. Matter of Dover St.,
1 Cowen, 74.: See, also, Matter of
Dept. of Public Works, 13 Hun, 483.
. (d) On motion for confirmation
of report, while evidence against
the report, unless previously sub-
mitted to the commissioners, will
not be received, the rule in refer-
ence to evidence, to sustain the re-
port, is different. Matter of Wil-
liam and Anthony Sts , ante.
(e) A party assessed for benefit
has a right to object to the report
for erroneous allowance of dam-
ages to another, for it enhances
his burden. Matter of Thirty-ninth
St., 1 Hill, 191. See Coles v. Trus-
tees of Williamsburgh, 10 Wend.
659.
(f) See Dyker Meadow Land &
Improvement Co. v. Cook, 3 App.
Div. 164; S. C., 73 N. Y. State Rep.
716; 38 N. Y. Supp. 222.
Amendment of abstract.
§ 982. It shall not be lawful for the commissioners of estimate and
assessment to alter or amend any abstract or report, or supplemental
or amended abstract or report, after the same shall liave been depos-
ited for inspection as required by law, by increasing the amount of
any assessment for benefit, or diminishing any award for damage,
unless the person or persons, party or parties, affected by such
increase or diminution shall have had notice thereof and an oppor-
tunity of being heard before said commissioners before their report
shall be presented to the court for confirmation.
L. 1882, ch. 410, $ 985.
(a) The commissioners can
amend or correct their report, and
can reduce awards, at any time
previous to final confirmation of
report, provided, notice is actually
given to the parties affected there-
by Matter of Eleventh Ave., 49
How. Pr. 208. .
Witness; how compelled to testify.
$ 983. Upon the application of any person or persons whose
rights may be affected by the said estimate or assessment, verified
by the oath or affirmation of such applicant or his agent, that any
Witness residing or being in The City of New York, whose affidavit
to verify or oppose any objection to the said estimate or assessment
is material or necessary to such party, refuses voluntarily to appear
Defore any officer authorized to take such affidavit, to testify or
amim to such matter as he may know, touching such objection, any
One of the said commissioners of estimate and assessment in the pro-
ceeding may issue a subpoena, under his hand, requiring such wit-
486
[$S 983-985
COMMISSIONERS' REPORT.
ness to appear and testify to such matters as he may know touching
the said estimate or assessment, ať such time and place as the
said commissioner may designate in such subpæna. And
every person, who, being served with such subpæna, shall,
without reasonable cause, refuse or neglect to appear, or
appearing, shall refuse to answer, under oath or affirmation,
touching the matters aforesaid, shall forfeit to the party
injured one hundred dollars; and may also be committed to prison
by any justice of the supreme court upon application duly made on
behalf of the commissioner who issued such subpoena, there to
remain, without bail and without the liberties of the jail, until he
shall submit to answer, under oath or affirmation as aforesaid. The
testimony of such witness when given shall be reduced to writing
in the presence of and be sworn or affirmed to before such
commissioner.
L. 1882, ch. 410, 8 987.
Commissioners to present report to court..
§ 984. After considering the objections, if any, and making any
correction or alteration of their estimate or assessment, which said
commissioners, or any two of them shall find to be just and proper,
the said commissioners shall file the said report, signed by them or
a majority of them, in the office of the clerk of the county where the
lands are situated at least five days before the time mentioned in
said notice for the presentation of said report to the court for con-
firmation, or the date to which the same shall have been duly
adjourned. The said commissioners, or any person interested in
said proceeding, shall notify the corporation counsel and all persons
who have filed their objections as aforesaid, or who have theretofore
appeared as soon as the said report shall have been filed. The cor-
poration counsel may present the same for confirmation, or in case
of his neglect or refusal, any person interested in the lands taken or
required for said improvement may present the same, upon notice to
the corporation counsel.
L. 1882, ch. 410, $ 988.
Report; what to contain.
8 985. The report of the commissioners shall consist of the dia-
gram hereinbefore referred to, duly corrected, when necessary, with
a tabular abstract of the estimate and assessment, with any correc-
tions or alterations thereof by said commissioners, showing fully and
separately to the said court the amount of loss and damage, and of
9 985]
487
COMMISSIONERS' REPORT.
benefit and advantage to each and every owner, lessee, party and
person entitled or interested in any lands, tenements, hereditaments,
or premises affected by the improvement. In said report the com-
missioners who shall make the same shall set forth the names of the
respective owners, lessees, parties and persons entitled unto or inter-
ested in the said lands, tenements, hereditaments, and premises men-
tioned in the said report, and each and every part and parcel thereof,
as far forth as the same shall be ascertained by them, and an apt and
sufficient designation or description of the respective lots or parcels
of land and other tenements, hereditaments and premises that may
be required for the purpose of opening such street or park, or part
thereof so to be opened, or laying out and forming or extending and
enlarging or otherwise improving such street or park so to be laid
out and formed, or so to be extended, enlarged or otherwise
improved, as the case may be, and also of the said respective lots or
parcels of land and other tenements, hereditaments and premises not
included within, but deemed to be benefited by the same, and so
assessed by the said commissioners for the said benefit as aforesaid.
It shall refer to the number of the tracts and parcels indicated by
said diagrams, and state the several sums respectively estimated for
or assessed upon each of said tracts or parcels, with the name or
names of the owners or claimants of each, if ascertained by said
commissioners. Whenever the said commissioners shall be unable
to ascertain with sufficient certainty the name of any owner of any
parcel of said lands, they shall indicate such parcel upon the diagram
embracing it, as belonging to unknown owners. It shall not be
necessary in said report to describe any of the said tracts or parcels
by metes and bounds, but only by reference to the said diagrams.
It shall also set forth the several and respective sums estimated and
assessed as and for the compensation and recompense, or the allow-
ance to be made for the loss and damage, or for the benefit, as the
case may be, of the respective owners of the fee or inheritance of
such lands, tenements, hereditaments and premises respectively,
and for the loss and damage, or for the benefit, as the case may be,
of the respective owners of the leasehold estates or other interests
therein separately; but in all, and each and every case and cases
Where the owners and parties interested, or their respective estates
.and interests are unknown, or not fully known to the said commis-
sioners, it shall be sufficient for them to estimate and assess and to
set forth and state in their said report, in general terms, the respec-
tive sums to be allowed and paid to or by the owners and proprietors
generally of such said lands, tenements, hereditaments and premises,
488
COMMISSIONERS' REPORT.. [$ 985
and parties interested therein for the loss and damage, or for the
benefit and advantage, as the case may be, to such owners, proprie-
tors and parties interested in respect of the whole estate and interest
of whomsoever may be entitled to, unto or interested in the said
lands, tenements, hereditaments and premises respectively, by and
in consequence of the said operation and improvement of opening,
laying out, and forming or extending, enlarging or otherwise
improving the said street or park or section thereof so to be opened
or so to be laid out and formed or extended, enlarged, or otherwise
improved, as the case may be, without specifying the names of the
estates or interests of such owners and proprietors and parties inter-
ested, or of any or either of them. 'Said commissioners of estimate
and assessment may, in their discretion, or when required by the
board of public improvements make up and file a preliminary
abstract of their estiniate of damages, separate and apart from their
estimate of assessments for benefit, embracing either the entire
lands, tenements, hereditaments, and premises to be acquired or
successive sections or parcels thereof, and ascertain and estimate
the compensation to be made thereon and make a separate report
with reference thereto. Such separate or partial report shall be
made in the same form and manner, and such proceedings shall be
had in respect thereto, as in respect to the report of the commission-
ers relative to the entire lands taken and assessed as herein provided
for, except that the final or last separate report shall contain the
assessment for benefit.
L. 1882, ch. 410, § 989, as amended by L. 1893, ch. 660.
(a) The commissioners are not tinguishing Matter of Dept. of
bound to pass upon conflicting Public Parks, 73 Id. 560.
claims of title, but may in such (c) The area of the property.
cases report without specifying the benefited is confided to the judg-
names or estates of owners, and ment of the commissioners, and so
generally say that the land belongs long as all reasonable bounds are
to unknown owners. Matter of not exceeded by them, their judg-
William and Anthony Sts., 19ment will not be disturbed. Ste-
Wend. 678, 686. Contra, Matter of venson y. The Mayor, 1 Hun, 51; S.
Central Park Extension, 16 Abb. C., 3 N. Y. Supm. (T. & C.) 133. See
Pr. 56, 64.
also, Matter of Church St., 49 Barb.
(b) When an award is made of
the full value of lands to “un (d) In order that property should
known owners," and it appears be benefited by the extension of a
from the commissioners' report street, it is not necessary that 10.
that the award was intended for should be within the actual limits
the benefit of all parties concerned, of the improvement made. Steven-
the owner of the fee is not entitled son v. The Mayor, 1 Hun, 51; S. Cog
to the whole award, where a per-' 3 N. Y. Supm. (T. & C.) 133.
petual easement in the land is (e) Several lots of one owner
vested in another person, but the lying in one body, the commission-
latter is entitled to the value of his
ers may include in one valuation
easement. Matter of Opening and description. Matter of
Eleventh Ave., 81 N. Y. 436, dis liam and Anthony Sts., 19 Wend.
678, 683.
455.
$S 985, 986]
489
CONFIRMATION OF REPORT.
(f) Under this section power is
conferred upon the commissioners
to assess an occupant of lands
benefited by, the improvement, an
occupant being a person “inter-
ested” in the lands in his posses-
sion within the meaning of this
section. Gilbert v. Havemeyer, 2
Sandf. 506.
(g) See Fisher V. The Mayor,
cited § 1001, post.
1
D
1
Proceedings upon presentation of report for confirmation.
$ 986. The application for the confirmation of the report shall be
made to the supreme court, at a term thereof held within The City
of New York as constituted by this act, and in the judicial depart-
ment within which the lands are situated. Upon the coming in of
the said report, signed by the said commissioners, or any two of
them, and upon the hearing of the application for the confirmation
thereof, if title to said lands shall not have been theretofore vested
in The City of New York, or if said lands are not being condemned
for a public park, parkway, public square or place, and if persons
who appear by the said report to be interested, either by assessment
for benefit or award for damages, to the amount of a majority in
amount of the whole assessments and awards, shall appear and
object to further proceedings upon the said report, the court shall
order the proceeding to be discontinued; otherwise the said court
shall by rule or order, after hearing any matter which may be
alleged against the same, either confirm the said report in whole, or
in part, or refer the same, or a part thereof, to the said commission-
ers for revisal and correction, or to new commissioners, to be
appointed by the said court to reconsider the subject matter thereof,
and the said commissioners to whom the said report or part thereof
shall be so referred shall return the same report or such part thereof,
corrected and revised, or a new report to be made by them in the
premises to the said court without unnecessary delay; and the same
on being so returned shall be confirmed or again referred by the
said court in manner aforesaid, as right and justice shall require, and
so from time to time until a report shall be made or returned in the
premises, which the said court shall wholly confirm, and such report,
when so confirmed by the said court, shall, unless set aside or
reversed on appeal, be final and conclusive, as well upon The City of
New York as upon the owners, lessees, persons, and parties inter-
ested and entitled unto the lands, tenements, hereditaments and
premises mentioned in the said report; and also upon all other per-
sons whomsoever.
. 1882, ch. 410, $ 990, as amended by L. 1893, ch. 660.
la) A minority report from the the whole, a majority of the com-
missioners cannot properly missioners. Matter of Broadway
come before the court, but only Widening, 63 Barb. 572.
one report, and that is a report of
com
490
[$ 986
CONFIRMATION OF REPORT.
(6) The Supreme Court acts as a v. The Mayor, 101 N. Y. 284. See
court in reviewing the report, not Matter of Arnold, 60 Id. 26; Astor
as commissioners, nor as a tribunal v. The Mayor, 62 Id. 580.
of limited jurisdiction. Matter of (f) Under the statutory regula-
Canal and Walker Sts., 12 N. Y. . tions in reference to the opening
406; Striker v. Kelly, 7 Hill, 9; of streets (88 973-986) nothing is
rev'd on another point in 2 Denio, submitted to the Supreme Court,
323; Doughty v. Hope, 3 Id. 249; except the appointment of the com-
Embury v. Conner 3 N. Y. 511; missioners and the confirmation of
rev'g in effect Matter of Beekman their report, and this involves only
St., 20 Johns. 269; Matter of Third the fitness of the persons named as
St., 6 Cowen, 571; Matter of Mount commissioners, the regularity of
Morris Sq., 2 Hill, 14.
the proceedings of the corporation
(c) SS 988 and 989 post, giving a right and the commissioners, and the
of review upon the merits, in the justice of the assessment made and
Appellate Division and a further ap- reported to the court; the order of
peal to the Court of Appeals have confirmation is not conclusive as
modified the following cases which to the effect of the proceedings
decided that every question con in transferring the title to the
nected with the estimate and assess land, that passes to the corporation
ment, every thing that could in any by force of the statute.' Embury v.
form be litigated before and passed Conner, 3 N. Y. 511, rev'g 2 Sandf.
upon by the commissioners is finally
and conclusively determined by the () But, where the proceedings
confirmation of the report by the are wholly unauthorized by law,
Supreme Court, and the right of or unconstitutional, a motion may
review is confined to that court. be made to vacate or set them
Matter of Commrs. of Central Park, aside, or the city may raise the
50 N. Y. 493; Matter of Canal and question if sued for the awards un-
Walker Sts., 12 Id. 406; King v. der $ 1001, or if any attempt is made
The Mayor. 36 Id. 182; Matter of to enforce them. Matter of One
One Hundred and Thirty-eighth St., Hundred and Thirty-eighth St., Ct.
61 How. Pr. 284; The Mayor v. Er of Appeals, 61 How. Pr. 284. See
ben, 38 N. Y. 305; Matter of Board Matter of City of Buffalo, 78 N. Y. 362.
of Street Opening, 111 Id. 581; Mat (h) The confirmation of the re-
ter of Dept. of Public Parks, 85 port by the court, though conclu-
Id. 459; Schuchardt v. The Mayor, sive in reference to all acts which
59 Barb. 295; S. C., 62 Id., 671; affi'd the commissioners had power to
53 N. Y. 202; Matter of Lexington perform, is not as to matters be-
Ave., 5 N. Y. Supm. (T. & C.) 436; yond their jurisdiction. Riker .
S. C., 3 Hun, 221; Methodist Epis- The Mayor, 3 Daly, 174.
copal Church v. The Mayor, 55 (i) The report of the cominis-
How. Pr. 57; Embury V. Conner, sioners as to values is in the natiire
3 N. Y. 511 ; N. Y. C. R. R. Co. of a verdict of a jury upon a ques-
v. Marvin 11 Id. 276; People v. tion of fact, which the court will
Quigg, 59 Id. 83; Matter of N. Y. not set aside, unless there is a plain
W. S. & B. R. R. Co., 94 Id. 287; and decided preponderance of evi-
Matter of D. & H. Canal Co., 69 Id. dence against the judgment of the
209; People ex rel. Schuylerville R. cominissioners. Matter of Pearl
Co. v. Betts, 55 Id. 600.
St., 19 Wend. 651; Matter of John
(d) Chancery cannot interfere and Cherry Sts., Id. 659; Matter of
with the report after confirmation William and Anthony Sts., Id. 678;
by the Supreme Court, if the com Matter of Commrs. of Central Park,
missioners' proceedings were regular. 61 Barb. 40. To same effect, see
Wiggins v. The Mayor, 9 Paige, 16. Matter of Wendover Avenue, 48 N.
(e) The confirmation of the re- Y. State Rep. 868; S. C., 20 N.
port of the commissioners is a Supp. 563.
judgment, and conclusive as to all (j) But the report will be re-
questions which might have been viewed by the court as to matto
litigated therein, and an action to of principle, and whether the right
set it aside can only be maintained rule for making the estimate nam
in case of fraud or other circum- been followed. Matter of Furmine
stances such as would authorize an St., 17 Wend. 649, 663; Matter !!
action to set aside an ordinary John and Cherry Sts., ante, Mat-
judgment. Dolan v. The Mayor, 62 ter of Central Park Extension, a
N. Y. 472, affi'g 6 Hun, 506; Mayer Abb. Pr. 56, 63.
$ 986]
491
CONFIRMATION OF REPORT.
(k) The fixing of the valuation
of land is within the peculiar
province of the commissioners.
Matter of Commrs. of Central Park,
61 Barb. 40; Matter of Brook Ave.,
8 App. Div. 294; S. C., 40 N. Y. Supp.
949; Matter of Wendover Ave., 20
Id. 563.
(1) Commissioners' report will
not be sent back for correction un-
less the awards are grossly inade-
quate and unequal, as compared
with other valuations. Matter of
Commrs. of Central Park, 51 Barb.
277, 303; S. C., 35 How. Pr. 255. .
(177) Where the commissioners, in
their report, failed to allow the
value of streets which had been
closed an order referring their re-
port back for revision and correc-
tion was held proper, and such
order may be repeated so long as
the commissioners err in the rules
by which they are governed. Mat-
ter of Commrs. of Central Park, 61
Barb. 40.
(n) The court has power to send
back a report presented for con-
firmation, if it appear that the sub-
stantial benefits to the persons as-
sessed are not, at the least, equal
to all the damage which others
will sustain. Matter of Fourth
Ave., 3 Wend. 452; Matter of Al-
bany St., 11 Id. 149.
(0) But beyond this, the courts
have nothing to do with the policy
or expediency of the measure.
Matter of William and Anthony
Sts., 19 Wend. 678. See Matter of
John and Cherry Sts., Id. 659.
(p) The court has power, upon
presentation of the commissioners'
report for confirmation, to refuse
such confirmation where it would
be inequitable and unjust to con-
firm the report, but the power will
not be exercised except upon a
clear showing that the confirmation
would work injustice. Matter of
Commrs. of Public Parks, 47 Hun,
302.
(9) The court has power on its
own motion, as well as on appli-
cation of the commissioners, or of
any party interested, to recommit
ne report, after its completion and
before confirmation and when
the commissioners certified to the
court before confirmation of the
report, that they had erred in
tain respects in making same,
S. referred back to them for
ction. Matter of Canal St., 8
Barb. 505. See Woodruff v. Fischer,
17 Id. 224.
(r) Under this section authoriz-
ing the court, on refusing to con-
firm the report, to refer the matter
to the same commissioners, or to
new ones to be appointed, the same
may be referred to a part of the
old commissioners with part new
ones. Matter of Henry St., 7 Cow.
400.
(s) After confirmation of the re-
port the commissioners are func-
tus officio, and a motion to correct
the report cannot be granted.
Morningside Park Case, 10 Abb. Pr.
(N. S.) 338.
(t) The fee of the land taken for
a new street is not changed from
former owner to the corporation
until report of commissioners is
confirmed. Matter of Seventeenth
St., 1 Wend. 262..
(u) The confirmation of the com-
missioners' report making the
award divests the title of all par-
ties interested in the lands, and
the award is substituted in place
thereof, and whoever, at that time,
has an estate or interest in the
lands is entitled to its proportion-
ate value as then existing.Matter
of Opening Eleventh Ave., 81 N. Y.
436.
(v) The fee of streets acquired
by the city, under this section, is
not corporate property, but held
in trust for public use by all the
people, and, therefore, the property
thus acquired is under the unquali-
fied control of the legislature, and
any appropriation of it to public
use by legislative authority is not
contrary to the constitutional pro-
vision forbidding the taking of pri-
vate property, with
vate property without compensa-
tion; nor is the possibility of re-
verter to the owners of land abut-
ting upon a street, after its public
uses have ceased, property subject
to the constitutional provision men.
tioned. People v. Kerr, 27 N. Y. :
188; s. C., 25 How. Pr. 258, affi'g 37
Barb. 257. See, also, Milhau V.
Sharp, 27 N. Y. 611, affi'g 28 Barb.
228; S. C., my Abb. Pr. 220; Kellinger
v. Forty-second St. R. R. Co., 50 N.
Y. 206; People v. N. Y. & Harlem
R. R. Co., 45 Barb. 73; S. C., 26 How.
Pr. 44.
(20) Owners of abutting TOUS,
though they may have been as-
sessed for benefit, and though part
of their lots may have been taken
Certo
it W
492
[$$ 986–988
APPEAL FROM COMMISSIONERS.
for a street, have no special inter- easement appurtenant to the land
est in the maintenance of the conveyed, and constitutes property
street, nor any easement in the within the meaning of the State
part so taken, other than that en Constitution, prohibiting the tak-
joyed by the public at large. Sixth ing of private property without
Ave. R. R. Co. v. Gilbert Elevated compensation. Story v. N. Y. El.
R. R. Co., 3 Abb. N. C. 372.
R. R. Co., 90 N. Y. 122; S. C., 11 Abb.
(3) When land is legally taken N. C. 236, rev'g 3 Abb. N. C. 478.
for a public street, the street is (2) The lighting of streets is one
said to be opened, although not of the uses for which the city holds
regulated or graded, and the right the same in trust, to be exercised
to the use of the street for public under legislative authority, except
purposes becomes vested in the that the corporation may not au-
city; and the common council has thorize the erection of any struc-
no power to appropriate by resolu- ture which is subversive and re-
tion any portion of a street to pugnant to the uses of a street as
private use to the exclusion of the an open public street. Tuttle v..
public therefrom. Metropolitan Brush Electric I. Co., 50 N. Y.
Exhibition Co. v. Newton, 4 N. Y. Super. (J. & S.) 464.
Supp. 593; S. C., 21 N. Y. State (aa) This section, providing for
Rep. 73.
discontinuance of proceedings in
(y) The city having power to certain cases upon coming in of
lay out and open streets, and to ac- commissioners' report, has applica-
quire lands for that purpose, hastion to cases in which there are
power to dedicate its own lands to both awards for damage and assess-
such a use, and to bind itself by ments for benefit, and not a case
covenant with its grantees of abut- in which the tax is under a special
ting lands, that lands so dedicated provision of law to be laid upon the
shall be forever kept as a public city at large. Matter of Board
street; and such covenant, with of Street Opening, 16 N. Y. State
abutting owners, constitutes an Rep. 91.
Duplicate copies of report to be filed...
§ 987. Duplicate copies of said report signed by the said commis-
sioners, or any two of them, shall be filed by the corporation coun-
sel of said city, one in the office of the comptroller, and the other in
the office of the clerk of the supreme court, where the order
confirming said report is entered.
L. 1882, ch. 410, $ 991.
Appeals.
$ 988. The City of New York or any party or person affected by
the said proceeding and aggrieved by the said report when con-
firmed as aforesaid, may appeal to the appellate division of the said
court. Such appeal shall be taken and heard in the manner pro-
vided hy the code of civil procedure and the rules and practice of the
said court in relation to appeals in special proceedings, and such
appeal shall be heard and determined by such appellate division
upon the merits both as to matters of law and fact. But the taking
of an appeal by any person or persons shall not operate to stay the
proceedings under this act, except as to the particular parcel of real
estate with which the appeal is concerned; and the order confirming
.. the said report shall be deemed to be final and conclusive upon all
$S 988–990]
VESTING OF TITLE.
493
parties and persons affected thereby who have not appealed. Such
appeals shall be heard upon the evidence taken before the said com-
missioners, or such part or portion thereof as the court at special
term may certify, or the parties to said appeal may agree upon as
sufficient to present the merits of the questions in respect to which
such appeal shall be had, and on affidavits as to irregularities which
have been presented to the court at special term upon the coming in
of such report of said commissioners. When an order confirming
a report shall be reversed upon appeal, the commissioners to whom
such report shall be referred for amendment, correction, or revisal,
shall have power to make such additional assessment as may be
necessary.
Appeal to Court of Appeals authorized.
$ 989. An appeal to the court of appeals may be taken by the city
or any person or party interested in the said proceeding and
aggrieved by the order of the appellate division. Such appeal may
be taken within sixty days, and heard in the manner provided by
the code of civil procedure and the rules and practice of the court of
appeals in relation to appeals in special proceedings. The court of
appeals may affirm or reverse the order appealed from, and may
make such order or direction as shall be appropriate to the case,
whether for a rehearing of the same before the commissioners, or
for final confirmation of the report or otherwise. If the report is
confirmed, the court of appeals shall enter a final order in the pro-
ceedings which shall be binding upon all persons having any interest
in the property or franchises condemned, and directing that com-
pensation be made, pursuant to the determination of the commis-
sioners, and the city shall thereupon be entitled to take and hold
forever the property and franchises condemned for the public use.
Payment of the compensation into the court to the credit of any
person or corporation mentioned in said order, in case tender
triereof shall have been refused by such person or corporation, shall
be deemed a payment within the provisions of this act.
Vesting of title.
8990. Should the board of public improvements at any time deem
for the public interest that the title to the lands and premises
Tequired for any street or park heretofore or hereafter laid out,
widened, altered, extended, or otherwise improved, should be
acquired by The City of New York at a fixed or specified time, the
board of public improvements may direct, by resolution, where
494
[S$ 990, 991
VESTING OF TITLE.
no buildings are upon such lands, that upon the date of the filing of
the oath of the commissioners of estimate and assessment, as pro-
vided for in this chapter, or upon a specified date thereafter, and
where there are buildings upon such lands, that upon a date not less
than six months from the date of the filing of said oath, the title to
any piece or parcel of land lying within the lines of any such street
or park, shall be vested in The City of New York. Thereafter, when
the said commissioners shall have taken and filed said oath, upon
the date of such filing or upon such subsequent date as may be
specified where no buildings are upon such lands, and where there
are buildings upon such lands upon the date specified by said board
of public improvements, either before or after the filing of such oath,
the same being not less than six months from the date of said filing,
The City of New York shall become and be seized in fee of said
lands, tenements, and hereditaments in the said resolution men-
tioned, that shall or may be so required as aforesaid, the same to be
held, appropriated, converted, and used to and for such purpose
accordingly, in like manner as are other public streets and parks,
respectively, in the said city. In such cases interest at the legal rate
upon the sum or sums to which the owners, lessees, parties or per-
sons are justly entitled upon the date of the vesting of title in The
City of New York, as aforesaid, from said date to the date of the
report of the commissioners shall be allowed by the commissioners
as a part of the compensation to which such owners, lessees, parties,
or persons are entitled. In all other cases, title, as aforesaid, shall
vest in The City of New York upon the confirmation by the court of
the report of the commissioners. Upon the vesting of title The
City of New York, or any person or person's acting under its
authority, may immediately, or at any time thereafter, take posses-
sion of the same, or any part or parts thereof, without any suit or
proceeding at law for that purpose. The title acquired by The City
of New York to lands and premises required for a street, shall be in
trust, that the same be appropriated and kept open for, or as part of
a public.street, forever, in like manner as the other streets in the city
are and of right ought to be. The title acquired by The City of
New York to lands and premises acquired for a park shall be a fee
simple absolute.
L. 1882, ch. 410, § 956, as amended by L. 1892, ch. 535; L. 1893, ch. 660;
L 1895, ch. 449.
mis
Within what time proceedings to be completed; removal of com
sioners.
§ 991. The commissioners appointed in pursuance of this
$$ 991, 992]
495
OWNER'S CONVEYANCE TO City.
shall complete said proceedings on their part within six months
from the time of their appointment, unless further time be allowed
by the supreme court. At least five days' notice of the application
for such extension shall be given by the corporation counsel to all
persons who have appeared in said proceedings, and have specially
requested that notice of any such application be served upon them.
Upon such application, the court shall have power to make such
order in the premises in respect to the time and manner of complet-
ing the report of said commissioners, and in respect to the taking
and submission of the proofs of the parties interested, as will enable
or require the commissioners to complete said proceeding on their
part with reasonable dispatch; and if it shall appear that the said
proceeding has been delayed by reason of the inattention, neglect or
refusal of said commissioners, or any of them, to act or attend, or of
the failure of a majority of them to agree upon a report, the court
may remove the commissioner or commissioners so neglecting or
refusing, or the commissioners failing to agree, and appoint a suit-
able person or persons in his or their place. And the said court
may, at any time, remove any of said commissioners of estimate and
assessment who, in its judgment, shall be incapable of serving, or
who shall, for any reason, in its judgment, be an unfit person to
serve as such commissioner. The cause of such removal shall be
specified in the order making the same.
L. 1882, ch. 410, § 974, as amended by L. 1893, ch. 660.
(a) That the limit of time within a matter of jurisdiction, see Mat-
which the commissioners are re- . ter of Broadway Widening, 63
quired to complete their proceed. Barb. 572.
ings is merely directory, and not
Owners may convey to the city.
$ 992. The owners of land and of all the estate therein embraced
within the lines of any street laid down and shown on the map or
plan of The City of New York, and comprising all the land within
said lines in an entire block in extent, may, without compensation,
and at their own expense, convey all their right, title, and interest
therein, providing the same shall be free from incumbrances incon-
sistent with the title to be acquired by the city, to The City of New
York, and upon the delivery of such conveyances to the corporation
counsel of said city, with the money necessary to record such con-
veyances, and affidavits made by all such owners to the effect that
the persons making them, are the owners of the estates in such lands
So conveyed by them, respectively, and stating their interests, and
that such estates in such lands are free of all incumbrances, except
496
DEDICATION OF STREETS BY OWNER. [$8 992, 993
1
as aforesaid, together with abstracts of title and complete searches;
if desired by such corporation counsel, it shall be the duty of such
corporation counsel to examine such conveyances and papers, and
if such titles shall not be rejected for good cause, by such corpora-
tion counsel, he shall cause the said conveyances to be recorded in
the office in which conveyances of real estate are recorded in the
county in which such lands are located within sixty days after their
delivery to him, and file them with the comptroller of such city, and
thereupon The City of New York shall become vested with the title
to said lands to the same effect and extent as if they had been
acquired by a proceeding taken for the opening of that portion of
said street; after the making and acceptance of such conveyances,
no proceedings to open the lands so conveyed shall be taken or
maintained, nor shall the lands fronting on that portion of the street
so conveyed, and extending to the center of the block on either side
of such portion of said street so conveyed, be chargeable with any
portion of the expenses of opening the residue or any portion of the
residue of such street, except the due and fair proportion of the
awards that may be made for buildings' as aforesaid.
L. 1882, ch. 410, $ 971.
Subdivision of plots.
§ 993. If, at any time after the filing of the maps showing the lay-
ing out of streets by proper municipal authority, the owner or own-
ers of any plot of land bounded on all sides by streets, and not laid
out as and for a public square, place or park, shall desire to sub-
divide such plot and give public right of way into or through such
plot, he, she, or they may submit two sets of maps, plans, or sur-
veys of such plot and of such proposed right of way, showing the
width, which shall not be less than thirty feet, and the location,
extent, and direction of the same, and the proposed grade therefor,
to the board of public improvements, for approval; and if the sanie
shall be approved and the owner or owners aforesaid shall immedia
ately thereafter convey in such form as shall be approved by the
corporation counsel, the title to the land required for such right of
way, free and clear from all incumbrances, to The City of New York
in trust as and for a public street, the same shall from that time be
and become an opened public street, the same as if it had been laid
out and opened as other streets are or ought to be; and the maps,
plans, or surveys thereof, and of the grades therefor, aforesaid, shall
immediately thereafter be certified by the city clerk, and one set
thereof shall be filed in and remain of record in the office in which
$$ 993, 994] AGREEMENT AS TO LAND REQUIRED.
497
conveyances of real estate are recorded in the county in which such
land is located, and the other set thereof in the office of the corpora-
tion counsel of said city.
L. 1882, ch. 410, 8 972.
City may agree with owners.
§ 994. It shall be lawful for the city at any time or times, either
before or after the appointment of commissioners in the premises,
for any of the purposes aforesaid, to agree with the owners, lessees,
parties, or persons entitled unto or interested in the lands, tene-
ments, hereditaments, and premises, that either will be benefited by,
or may be required for the purpose of, making the operation and
improvement intended to be made, or with any or with either of such
owners or other parties interested therein, for and about the cession
of the lands, tenements, hereditaments, and premises required of
him, her, or them, respectively, for the purpose of making such said
intended operation and improvement, and for and about the com-
pensation and recompense to be made to him, her, or them, for the
same, or for and about the allowance, or sum or sums to be allowed
and paid by such owners and parties, respectively, or by any, or
either, of them, for the benefit and advantage of the street or park
or section thereof so to be opened, or laid out and formed, or the
extension, enlargement, or other improvement of the street or park
so to be extended, enlarged, or otherwise improved, to him, her, or
them, over and above the value of the lands, tenements, heredita-
ments, and premises, that may be required if any lands, tenements,
hereditaments or premises shall be required of him, her or them, for
the purpose of opening, laying out, and forming or extending,
enlarging, or otherwise improving the same, and in case of any
slich agreement or agreements, with part only of the said owners
and parties entitled unto and interested in the said lands, tenements,
hereditaments, and premises so required for the purpose of making
any such operation and improvement as aforesaid, or to be benefited
Tilereby, the same shall be valid and binding upon the parties thereto,
and the said commissioners shall, nevertheless, enter upon and make
Of proceed with their said estimate and assessment, and make report
to the said court, as to the residue of the said lands, tenements,
bereditaments, and premises required for the said purpose of making
Stich said operation and improvement, or to be benefited thereby,
concerning which the owners thereof and parties interested therein
all not agree; and the said report, when confirmed, shall be of like
32
498
[$$ 994-996
RIGHTS OF TENANTS.
force and effect in regard to the matters comprised therein, as if no-
such agreement as to the part of the premises had been made.
| L. 1882, ch. 410, 8 979.
City entitled to compensation and liable to assessment.
$ 995. If any lands, tenements, hereditaments or premises belong-
ing to The City of New York, or wherein it may be interested, shall
be required for any of the purposes aforesaid, or shall be benefited
by any such operation and improvement as hereinbefore mentioned,
the city shall be entitled to compensation and recompense for the
loss and damage it may sustain, and shall be bound to allow and pay
for the benefit and advantage it may be deemed to acquire thereby,
in like manner as other owners and proprietors of lands and prem-
ises required for the purpose of making the said operation and
improvement, or deemed to be benefited thereby; and it shall be
lawful for the said commissioners of estimate and assessment, and
they are hereby directed in such, each and every case, to estimate
and assess upon the principals, and in the manner herein aforesaid;
and to report the sum or sums which, in their opinion, ought to be
allowed and paid to or by the city for the said loss and damage, or
for the said benefit or advantage, as the case may be, to the city,
by and in consequence of such said operation and improvement of
opening the said street or park, or section thereof so to be opened,
or laying out, or forming, or extending, enlarging or otherwise
improving the same, so to be laid out and formed, or extended,
enlarged or otherwise improved, as the case may be. It shall not,
however, be lawful to lay or impose any assessment whatever on any
public park, square, or place, or street, road or avenue, but all such
assessments which may be properly payable by the city shall be
assessed against it in a gross sum in each and every of such
proceedings.
L. 1882, ch. 410, 8 980.
TIY
Contracts of landlord and tenant; how affected.
'$ 996. In all cases where the whole of any lot or parcel of land
or other premises, under lease or other contract, shall be taken for
any of the purposes aforesaid, by virtue of this title, all the cove-
nants, contracts and engagements between landlord and tenant, of
any other contracting parties, touching the same, or any part
thereof, shall, upon the vesting of the title in The City of New York,
cease and determine and be absolutely discharged; and in all cases
where part only of any lot or parcel of land, or other premises, so
S$ 996, 997] COSTS AND EXPENSES TO BE TAXED. 499
under lease or other contract, shall be so taken for any of the pur-
poses aforesaid, all contracts and engagements respecting the same
shall, upon such vesting of title, cease, determine and be absolutely
discharged as to the part thereof so taken, but shall remain valid
and obligatory as to the residue thereof, and the rents, considera-
tions and payments reserved or payable, and to be paid, for or in
respect to the same, shall be so apportioned as that the part thereof
justly and equitably payable, or that ought to be paid, for such said
residue thereof, and no more shall be demanded or paid, or recover-
able, for or in respect of the same.
| L. 1882, ch. 410, 8 981.
(a) In cases when part of de-
mised premises are taken, under
this section, the apportionment of
rent is between the part taken and
the residue of the premises, accord-
ing to the value of the several
parts; and the abatement takes
place from the time of the confir-
mation of the commissioners' re-
port. Gillespie v. Thomas, 15
Wend. 464; see s. C., cited under
$ 980, ante ; Gillespie v. The Mayor,
23 Wend. 643; Post v. Logan, 1. N.
Y. Leg. Obs. 59; Wiggin v. The
Mayor, 9 Paige, 16.
(6) This provision is intended as
a protection to the tenant, and an
indemnity for loss of the value of
his. term; but it does not incapaci-
tate him from making an agree-
ment with his landlord, waiving
such protection, if he finds it is to his
advantage to do so. Phyfe v.
Eimer, 45 N. Y. 102.
Corporation counsel to represent interests of city before commissioners,
· and provide clerks, and offices; expenses.
$ 997. It shall be the duty of the corporation counsel to furnish
the commissioners of estimate and assessment who may be appointed
in any proceeding to open, widen, extend, alter, or close any street,
park or parkway in said city, such necessary clerks and other
employes, and to provide such suitable offices as they may require
to enable them to fully and satisfactorily discharge the duties
imposed upon them by this chapter; the corporation counsel shall,
either in person or by such assistant or counsel as he shall designate
for the purpose, appear for and protect the interests of the city in all
proceedings in court and before the commissioners. All expenses
for searcher's or surveyor's fees, and such other necessary expenses
and disbursements which The City of New York shall incur under
the provisions of this section shall be paid by the comptroller out of
the fund for street and park openings, provided for by existing laws,
and shall be borne and reimbursed and paid to The City of New
York by the parties and persons interested and entitled, as owners
0! otherwise, unto and in the lands, tenements, hereditaments, and
premises deemed to be benefited thereby, and the same shall be
cluded in and taxed by the court, upon due proof of the services
endered, and disbursements charged as part of the necessary costs
500
COSTS AND EXPENSES HOW TAXED. [S$ 997–990
and expenses of the said proceedings; but such expenses and dis-
bursements shall not be included in the assessments for benefit until
after they have been taxed before a justice of the supreme court, in
the appropriate department.
L. 1882, ch. 410, $ 983, as amended by L. 1895, ch. 449.
(a) An objection that the pro-
ceedings for the condemnation of
property for the use of the city
was not conducted by the corpora-
tion counsel is not formal but siib-
stantial, and furnishes ground for
the reversal of an order confirming
the report of the commissioners.
See Matter of Lorillard, cited under
$ 255, ante.
Other costs and charges.
§ 998. Except as hereinbefore otherwise provided, no costs or
charges of the said commissioners or others shall be paid or
allowed for any service performed under this title, unless the same
shall be taxed by the said court after notice given as provided in the
following section. Upon such taxation, due proof of the nature
and extent of the services rendered and disbursements charged shall
be furnished, and no unnecessary cost or charges shall be allowed.
Each of the commissioners of estimate and assessment shall receive
six dollars for each day upon which the said commissioners shall
meet and be actually and necessarily employed in the performance
of the duties imposed upon them by this act. All such costs, fees,
and expenses or disbursements, which by law are required to be
taxed as in this chapter provided, shall be stated in detail in the bill
of costs and charges and expenses, and shall be accompanied by
such proof of the reasonableness and necessity thereof, as is now
required by law and the practice of the said court upon taxation of
costs and disbursements in other special proceedings or actions in
said court; provided, however, that in any proceeding of an unusu-
ally difficult or extraordinary character, the said court, may, upon
taxing said costs or expenses, make such additional allowances to
the said commissioners as may to it appear just and equitable, upon
such proof as may be submitted of the nature and extent of the
services rendered by said commissioners.
L. 1882, ch. 410, § 1000, as amended by L. 1895, ch. 449.
Taxation of costs.
§ 999. A bill of said costs, charges, and expenses shall be filed in
the office of the clerk of the county in which the order appointing
the said commissioners has been entered, at least ten days before the
same shall be presented for taxation. There shall be annexed,
a statement of the amounts, if any, previously taxed, to whom the
same were payable, and the date of such taxation. A notice of at
88 999–1001]
501
AWARDS WHEN TO BE PAID.
least ten days shall be published in the “ City Record,” and the cor-
poration newspapers, and served upon the corporation counsel, of
the time and place of taxing said costs, charges, and expenses, which
shall be thereupon taxed by a justice of the supreme court, or
a referee under his special order, and before the report of said com-
niissioners shall be presented for confirmation. On said final taxation
there may be a retaxation of any bill previously taxed in the same
proceeding, if sufficient reason therefor be made to appear.
| L. 1881, ch. 410, 81001; L. 1893, ch. 660; L. 1895, ch. 449.
Discontinuance of proceedings.
§ 1000. The board of public improvements is authorized and
empowered to discontinue any and all legal proceedings taken for
opening, widening, straightening, extending, altering, or closing
streets or parks, or parts thereof, at any time before title to the
lands and premises to be thereby acquired shall have vested in The
City of New York, if, in its opinion, the public interests requires
such discontinuance, and with power to cause new proceedings to
be taken in such cases for the appointment of new commissioners.
L. 1882, ch. 410, $ 1003.
(a) After confirmation of the St., 11 Wend. 154; Matter of An-
report, as provided in § 986, ante, thony St., 20 Id. 618; Matter of Mili-
the proceedings cannot be discon- tary Parade Ground, 60 N. Y. 319,
tinued. People ex rel. Green' v. affi'g 48 How. Pr. 285; S. C., 4 Supm.
Common Council of Syracuse, 20 Ct. (T. & C.) 671; Central Park
How. Pr. 491.
Case, 12 Abb. Pr. 107. See People
(b) Until final confirmation of the V. President, etc., of Brooklyn, 1
commissioners' report owners of Wend. 318; Matter of Commrs. of
property contemplated to be taken Washington Park, 56 N. Y. 144;
acquire no vested rights in respect Matter of Dover St., 18 Johns. 506;
to the damages assessed, and the Matter of Beekman St., 20 Id. 269;
city authorities, who set the pro Schneider v. City of Rochester, 90
ceedings on foot, may, at any time Hun, 171; S. C., 70 N. Y. State Rep.
before such confirmation, discon 290; 35 N. Y. Supp. 786.
tinue the same. Matter of Canal
Damages for land taken; when to be paid.
Ś 1001. All damages awarded by the commissioners of estimate
and assessments with interest thereon from the date of said report,
and all costs and expenses which may be taxed, shall be paid by The
City of New York to the respective persons and bodies politic or
corporate mentioned or referred to in said report, or in whose favor
such costs or. expenses shall be taxed. Interest shall cease to run
on sums awarded as damages six months after the date of the con-
hrmation of said report unless within that time demand therefor
be made upon the comptroller. Said damages, costs, and expenses
shall be paid from the fund for street and park openings provided
502
[S 1001
AWARDS WHEN TO BE PAID.
for in this act, and by existing laws. The person or persons to
whom awards shall be made in such proceedings, and the per-
son or persons in whose favor costs and expenses may be taxed,
shall not have been an action at law against The City of New York
for such awards, costs, or expenses, but the court in which said
proceedings have been had, upon the application of any such person
or persons, in case of the failure of the comptroller of said city to
pay the same within thirty days after demand therefor, shall require
and direct the comptroller to pay said awards, costs, and expenses
from the said fund, and enforce said order or mandate in the same
manner as other orders and mandates of said court are enforced.
Provided, however, that whenever the amount of damages awarded
in any report, together with the costs of the commissioners, shall
exceed the balance remaining in said fund after deducting all out-
standing claims against said balance, the comptroller shall and he
is hereby authorized to raise, by the issue and sale of revenue bonds,
such amounts as shall be necessary to pay, such damages, costs, and
expenses, and said court, upon the application of any person or per-
sons in whose favor, or to whom awards shall be made in such pro-
ceeding, and the person or persons in whose favor costs and
expenses may be taxed, may require or direct the comptroller to
raise the money necessary to enable him to pay such awards, costs
and expenses, and from such fund to pay the same, except that
when any sum or sums shall in said report be made to unknown
owners, the supreme court shall, upon the application of said city of
New York, or of any person entitled to, or claiming to be interested
in the lands, tenements, or hereditaments for which said awards
have been made, or any part thereof, either direct the same to be
retained by the comptroller, or to be paid into the supreme court,
until the title thereto, or of the respective estates and interests of all
parties therein shall be determined by said court, and upon such
application, the said court may take the proof and testimony of the
claimant or claimants, or parties interested in the lands for which
said awards have been made, or refer the matter to a referee for
stich purpose.
| L. 1882, ch. 410, 8 992; L. 1893, ch. 660; L. 1895, ch. 449.
(a) The report of the commis- made at its peril. Spears v. The
sioners under $ 986, ante, when con- Mayor, 87 N. Ỹ. 359, distinguishing
firmed, is conclusive only as to the Matter of Dept. of Parks, cited un-
amount of damages appraised, and der § 1002, post.
not as to the persons entitled to : (6) Interest is given by this sec
the award; and payment by the tion as damages for non-payment
city, with notice of an adverse or detention of the money awarded;
claim or of suit commenced by a and is only to be recovered with
person not named in the award, is the latter by suit; it does not con-
in
85 1001, 1002]
503
AWARDS TO WHOM PAID.
situte a debt capable of a distinct
claim, and acceptance, therefore, of
the amount awarded, without ac-
tion, bars an action for such dam-
ages. Cutter v. The Mayor, 92 N.
Y. 166, affi'g 14 Weekly Dig. 296
(c) Acceptance of an award with.
out interest, although coupled with
a protest against the non-payment
of the interest is a bar to the right
to recover the same, the protest
being ineffectual to preserve the
right. Devlin v. The Mayor, 14 N.
Y. Supp. 251.
(d) Interest cannot be recovered
upon an award until after a de-
mand for payment of the same has
been made. Barnes v. The Mayor,
27 Hun, 236.
(e) In case of an award to “un-
known owners” under $ 985, in de-
fault of payment after application
under this section, the award may
be sued for and recovered by one
making proof of his right and title
thereto, and the provision of § 1002
authorizing the city to pay the
money into court, does not pre-
vent an action to recover the
award or bar such recovery, unless
the payment was actually made and
the same is interposed as a defense.
Fisher v. The Mayor, 57 N. Y. 344.
See Spears v. The Mayor, 87 Id. 359;
Pollock v. Morris, 51 N. Y. Super.
(J. & S.) 112; affi'd in 105 N. Y. 676.
(f) When suit is brought against
the city for an award made
to the owner of land taken
for the opening of a street,
and it appears that a third
person has aled a notice with the
department of finance, claiming an
interest in the award to the extent
of a mortgage held by him against
the property taken, an interpleader
is proper, substituting the claim-
ant as defendant in place of the
city. Barnes v. The Mayor, 27 Hun,
236.
. (g) The failure of the city to pay
an award within four months after
confirmation of the commissioners'
report, does not alone give a right
of action for its recovery; there
must be, in addition, an applica-
tion to the city for payment after
the expiration of the four months
by the party entitled thereto.
Fisher v, The Mayor, 67 N. Y. 73.
(h) Where the city paid to a party
by mistake a greater sum than
the award, with knowledge of the
facts, and the party received it in
ignorance of the fact, and there
being some evidence that the
amount actually paid was no more
than should have been awarded,
held, that the city could not re-
cover back the excess. The Mayor
v. Erben, 3 Abb. Ct. App. Dec. 255,
affi'g 10 Bosw. 189.
Moneys of persons under disability; how disposed of; moneys paid to
wrong persons.
§ 1002. Whenever the owners and proprietors of any such lands,
tenements, hereditaments, and premises so to be taken for any of the
purposes aforesaid, or the party or parties, person or persons inter-
ested therein, or any, or either of them, the said owners, proprietors,
parties or persons in whose favor any such sum or sums, or com-
pensation shall be so reported, shall be under the age of twenty-one
years, non compos mentis, femme covert, or absent from The City of
New York, and also in all cases where the name or names of the
owner or owners, parties or persons entitled unto or interested in
any lands, tenements, hereditaments, or premises that may be so
taken for any of the purposes aforesaid, shall not be set forth or
mentioned in the said report, or where the said owners, parties, or
persons, respectively, being named therein, can not upon diligent
inquiry be found, it shall be lawful for the city to pay the sum or
sums mentioned in the said report, payable, or that would be com-
mg to such owners, proprietors, parties, and persons, respectively,
504
CSS 1002, 1003
ASSESSMENTS TO BE EQUAL.
LA
into the said supreme court, to be secured, disposed of, and invested
as the said court shall direct, and such payment shall be as valid and
effectual, in ail respects, as if made to the said owners, proprietors,
parties, and persons, respectively, themselves, according to their
just rights, as if they had been known and had all been present, of
full age, discovert, and compos mentis; and, provided also, that in
all, and each, and every case and cases, where any such sum or
sums, or compensations, so to be reported by the said commission-
ers in favor of any person or persons, or party or parties whatsoever,
whether named or not named in the said report, shall be paid to any
person or persons, or party or parties whomsoever, when the same
shall of right belong, and ought to have been paid, to some other
person or persons, or party or parties, it shall be lawful for the
person or persons, or party or parties, to whom the same ought to
have been paid, to sue for and recover the same, with lawful interest
and costs of suit, as so much money had and received to his, her, or
their use, by the person or persons, party or parties, respectively, to
whom the same shall have been so paid.
L. 1882, ch. 410, 8 993.
(a) Applicants for damages
awarded to unknown owners and
paid into court, required to give
notice of application by publica-
tion and to corporation. Matter
of Dewint, 1 Cow. 595.
(6) If the applicant makes out a
clear case he will not be required
to give security to refund if called
on. S. C., 2 Cow., 498.
(c) Neither notice nor security re-
quired in case of an award to es-
tate of deceased person. Matter of
Art St., 20 Wend. 685.
..(d) Where an award is made to
“unknown owners," and upon ap-
plication to the court for payment
of the award, there appears to be
conflicting claimants, the only
question to be determined is, who
is the unknown owner? When as-
certained he is entitled to the
award, the same as if he had been
known and the award made to him
by name; it is immaterial whether
he owned an absolute fee or a fee
subject to an easement; the
amount awarded must be taken to
have been made for his interest,
whatever it was. Matter of Dept.
of Parks, 73 N. Y. 560.
(e) The provision that where the
names of the owners of premises
taken by the city are not set forth
in the commissioners' report, or
the owners named cannot be found,
“it shall be lawful” for the city
to pay the award into the Supreme
Court-is for the city's benefit; it
is one which the city may adopā
and plead as a defense, but to
which it is not compelled to resort.
Pollock v. Morris, 105 N. Y. 676.
See cases cited under $ 1001, ante.
Sums to be equally and proportionately assessed.
§ 1003. All moneys paid under the provisions of this title by the
city, except such part thereof as the board of public improvements
shall direct to be borne and paid by The City of New York, shall
be assessed equally and proportionately, as far as the same may
be practicable, upon the lands and premises benefited by the
improvement, and shall be a lien and charge thereon, and shall be
$$ 1003, 1004]
505
ASSESSMENTS TO BE LIENS.
applied, levied and collected in the manner provided by law for the
assessment, levy, and collection of similar expenses and disburse-
ments for the reimbursement of the city treasury.
L. 1882, ch. 410, $ 1002.
Sums assessed to be liens.
$ 1004. The respective sums or assessments so to be assessed and
reported by the said commissioners of estimate and assessment, as
and for the allowance to be made by the parties and persons, respec-
tively, in the said report mentioned or referred to, and intended as
owners and proprietors of, or parties interested in, lands and prem-
ises deemed to be benefited, for the benefit and advantage of the
street or park or section thereof, or of the extension, enlargement,
or other improvement of the street or park mentioned in the said
report, shall be a lien or clarge on the lands, tenements, heredita-
inents, and premises, in the said report of the said commissioners
mentioned, or upon the estate and interests of the respective own-
ers, lessees, and parties interested in such said lands, tenements,
hereditaments, and premises for or on account of which the said
respective sums shall be so assessed by the said commissioners upon
the said respective owners and proprietors thereof, or parties inter-
ested therein. The owners, proprietors and parties interested
therein, and also the occupants, and each and every of them, shall,
moreover, be respectively liable to pay on demand the respective
sum or sums or assessments mentioned in the said report of the
commissioners, at which the respective lands, tenements, heredita-
ments and premises so owned or occupied by him, her, or them, or
wherein he, she, or they are so interested, or at which the owners
and proprietors thereof shall be so assessed, to such person or per-
sons as the city shall appoint to receive the same. The said respec-
tive sums or assessments, with interest as in this act provided, may
be recovered with all costs and charges by the city from and against
the parties assessed, or the owner or owners of the respective lands,
tenements, hereditaments and premises whereon or in respect of
which the same may be assessed, or set forth in the said report
of the commissioners, or from or against any or either of the said
parties or owners, without joining any other or others of them, the
said parties or owners therein, by action; provided, that nothing
herein contained shall affect any agreement between landlord and
tenant, or any other contracting parties respecting the payment of
any such assessment or charges, but they shall be answerable to
each other in the same manner as if the provisions in this title con-'
506 NOTICE OF CONFIRMATION OF ASSESSMENT. [S$ 1004, 1005
tained concerning the same had never been made; and if any money
so to be assessed, be paid by or collected or recovered from any
person or persons when by agreement or by law the same ought to
have been borne and paid by some other person or persons, it shall
be lawful for the person or persons paying the same, or from whom
the same shall be recovered, by suit or otherwise, to sue for and
recover the money so paid by or recovered from him or them, with
interest and costs, as so much money paid for the use of the person
or persons who ought to have paid the same, and the said report of
the commissioners, with prooof of payment, shall be conclusive
evidence in such suit.
L. 1882, ch. 410, 8 995.
(a) No lien is created upon the
lands assessed under this section
by the proceedings, until confir-
mation of the commissioners' re-
port, under § 986, ante. Fisher v.
The Mayor, 6%. N. Y. 73; rev'g 3
Hun, 648.
(6) An assessment constituted a
lien under this section takes pref-
erence of a prior mortgage. Dale
V. McEvers, 2 Cow. 118.
(c) Where property was sold by
the city under defective proceed-
ings to collect the sum assessed
upon land under this section, and
the city returned the money re-
ceived from the purchaser under
the sale, held, that the lien was not
discharged, and the defective pro-
ceedings were not a bar to an ac-
tion against the owner of the lot
to recover the sum assessed. The
Mayor v. Colgate, 12 N. Y. 140.
(d) Under this section providing
that if any assessment be paid by
any person when the same by
agreement or law ought to have
been paid by some other person,
the person paying may sue for the
money so paid, no personal liability
is created against a party whose
name does not appear in the as-
sessment-roll. Mutual Life Ins. Co.
v. Sage, 41 Hun, 535.
(e) Where an assessment has
been erroneously discharged of
record, its lien cannot be restored,
to the prejudice of a bona fide pur-
chaser, who relied upon the state
of the record. Curnen vi The
Mayor, 79 N. Y. 511; rev'g 7 Daly, .
544.
(f) See Matter of Board of Street
Opening, 16 N. Y. State Rep. 91.
Comptroller to publish notice of confirmation of assessment, etc.
: $ 1005. It shall be the duty of the comptroller to give public
notice, by advertisement, for at least ten days, in the “City Record"
and the corporation newspapers, immediately after the confirmation
of any assessment for a street or park opening, that the same has
been confirmed, specifying the title of such assessment, the date of
its confirmation by the supreme court, and also the date of entry in
the record of titles of assessment kept in the bureau for the collec-
tion of assessments and of arrears of taxes and assessments, and of
water rents, notifying all persons, owners of property affected by
any such assessment, that, unless the amount assessed for benefit on
any person or property shall be paid within sixty days after the date
of said entry of any such assessment, interest shall thereafter be
collected thereon as provided in the following section; and all pro-
$S 1005-1009] INTEREST ON ASSESSMENTS.
507
visions of law or ordinance requiring any other or different notice of
assessments and interest thereon are repealed.
L. 1882, ch. 410, $ 997.
Interest to be charged if not paid in sixty days.
$ 1006. If any such assessment shall remain unpaid for the period
of sixty days after the date of entry thereof in the said record of titles
and assessments, it shall be the duty of the officer authorized to col-
lect and receive the amount of such assessment, to charge, collect
and receive interest thereon, at the rate of seven per centum per
annum; to be calculated from the date of such entry to the date
cf payment. .
L. 1882, ch. 410, $ 998.
Interest limited to excess in certain cases.
§ 1007. Whenever an estimate and assessment for loss and dam-
age, and for benefit and advantage shall be made by the commis-
sioners of estimate and assessment relative to the same person or
persons, no interest shall be demanded from such person or persons
upon the amount assessed for the benefit and advantage, except on
the excess of the amount he is to pay over and above the amount he
is to receive for or in consequence of any intervening time between
the period fixed for the receipt of the amount of benefit and
advantage and the payments of the amount of loss and damage.
L. 1882, ch. 410, $ 999.
Notices in proceedings to open streets; how published.
§ 1008. Any notice now required, or hereafter to be required, by ·
law to be published in any proceeding for the opening, extending,
widening or altering any street or park in said city, shall hereafter
be published in the “ City Record," and the corporation newspapers.
Whenever handbills now or hereafter may be required by law to be
posted in any such proceeding, they shall be posted or affixed with
paste or other adhesive substance in three conspicuous places upon
or near the lands to be taken in such proceeding, and proof of such
posting shall be sufficient evidence without further proof of said
notice having remained posted during the whole of the period
required by law.
1. 1882, ch. 410, § 1006, as amended by L. 1893, ch. 660.
Application of previous sections.
8 1009. Nothing contained in title three of this chapter relating to
the vacating and reduction of assessments shall apply to assessments
made pursuant to this title.
508 ORDER APPOINTING COM’RS WHERE FILED. [SS 1010, 1011
What included in word "street” as used in chapter.
§ 1010. Whenever the word “street," or the plural thereof, occurs
in this chapter it shall be deemed to include all that is included by
the terms, “street, avenue, road, alley, lane, highway, boulevard,
concourse, public square and public place,” or the plurals thereof,
respectively.
Order appointing commissioners to be filed in register's or county
clerk's office.
§ 1011. It shall be the duty of the corporation counsel, within ten
days after the entry of an order appointing commissioners in a pro-
ceeding authorized by this title, to file a copy of such order in the
office of the register or county clerk of the county in which the land
te be acquired is located. There shall be endorsed upon such copy
order a reference to the section and block or the sections and blocks
on the land map of such county which include the land to be taken
by such proceeding or abut thereon. The register or county clerk
with whom such copy order shall be filed shall index in the index of
conveyances on each block so endorsed on said copy order a state-
ment giving the title of said proceeding and the date of the entry of
said order.
-
TITLE 5.
SALES OF LANDS FOR TAXES, ASSESSMENTS AND WATER RATES. .
Sec. 1017. When taxes and water rents to be liens on lands assessed.
1018. Comptroller to publish notice of confirmation of assessments.
1019. Interest to be charged if assessment unpaid for sixty days.
1020. Rate.
1021. Apportionment of assessment.
1022. Commissioner of water supply to transmit separate account for
each ward; penalty for wasting water.
1023. Receiver of taxes to return arrears to the collector.
1024. Water rents to be provided for in assessment-rolls.
1025. Arrears likewise to be provided for.
1026. Bills for taxes to show arrears.
1027. Sales of lands for taxes and assessments; proceedings.
1028. Contiguous lots to be advertised as one parcel.
1029. Postponement of sales.
1030. Sales for taxes and assessments to be conducted by the colo
lector of assessments and arrears; provision for repayment
of purchase money when the sale is vacated.
1031. Corporation may bid in property.
1032. Id.; how assigned.
1033. Certificates where consolidated municipality has bid in propa.
erty.
1034. Redemption of lands purchased by corporation.
$ 1017]
509
NOTICE OF CONFIRMATION OF TAXES.
Sec. 1035. Corporation to take possession of unclaimed lands.
1036. Mortgagees to be notified of sale before the time to redeem
expires.
1037. How such notice shall be given.
1038. Affidavit of service.
1039. Register or county clerk to record memoranda.
1040. Mortgagee's right to redeem.
1041. Notice of expiration of time to redeem to be published; lease
to be executed to purchaser on default to redeem.
1042. Redeeming a portion of land sold.
1043. Sales of land actually occupied; notice to be served.
1044. Id.; mode of service.
1045. Id.; affidavit thereof.
1046. Certificate of the comptroller; effect thereof.
1047. Owner or occupant; when may redeem.
1048. Rate of interest; how to be calculated.
1049. Certificate of redemption to be furnished.
1050. Lost certificate; delivery of lease in case of.
1051. Bills of arrears of taxes and assessments to be furnished when
requested.
1052. Id.; fees for searches.
1053. Complete record of sales to be kept.
1054. Affidavits of publication of necessary notices to be preserved.
When taxes and water rents to be liens on lands assessed.
§ 1017. All taxes and all assessments for local improvements and
all water rents, and the interest and charges thereon, which may, in
The City of New York, as by this act constituted, hereafter be laid
or may have heretofore been laid, upon any real estate now in said
city, shall continue to be, until paid, a lien thereon, and shall be pre-
ferred in payment to all other charges. No assessments for any
local improvement shall be deemed to be fully confirmed, so as to be
due and be a lien upon the property included in the assessment,
until the title thereof, with the date of confirmation shall be entered
with the date of such entry, in a record of the titles of assessments
confirmed, to be kept in the office of the collector of assessments and
arrears.
L. 1882, ch. 410, $ 915.
(a) The statutes in reference to
assessments for local improve-
ments, and declaring the same to
be liens upon the premises bene-
fited, have reference to collection
from other parties, and not from
the corporation, and, accordingly,
the city cannot create a valid lien
for an assessment upon property
owned by itself. Dowdney v. The
Mayor, 54 N. Y. 186.
(6) No tax or assessment can ex-
ist so as to become a lien or in-
cumbrance upon real estate until
the amount thereof is ascertained
and determined. Dowdney y. The
Mayor, ante; Kern v. Towsley, 45
Barb. 150; Post v. Leet, 8 Paige,
337. But see De Peyster v. Mur-
phy, 66 N Y. 622, rev'g 39 N. Y. Supr.
(J. & S.) 255, distinguishing first-
mentioned case
510
INTEREST ON TAXES AND ASSESSMENTS. TSS 1017-1020
(c) The declaration in this sec-
tion that all taxes and assess-
ments which theretofore have been
or should be laid for city improve-
ments shall be, and continue to be,
until paid, a lien upon real estate
on which they may be imposed
-abrogates the rule of presump-
tion of payment arising after the
lapse of twenty years. Daly v.
Sanders, 9 N. Y. State Rep. 794, dis-
tinguishing Fisher v. The Mayor,
67 N. Y. 73. Contra, Dorgeloh v.
Bassford, 50 N. Y. Super. (J. & S.)
450.
(d) See cases cited under $1004,
ante.
Comptroller to publish notice of confirmation of assessments. ..
§ 1018. It shall be the duty of the comptroller to give public
notice, by advertisement, for at least ten days, in the City Record
and the corporation newspapers, duly designated for any borough,
in which the property is situated, immediately after the confirmation
of any assessment, for a local improvement, that the same has been
confirmed, specifying the title of such assessment, and the date of its
confirmation, and also the date of entry in the record of titles of
assessments kept in the office for the collection of assessments and
of arrears of taxes and assessments, and of water rents, notifying all
persons, owners of property affected by any such assessments, that
unless the amount assessed for benefit on any person or property
shall be paid within sixty days after the date of said entry of any
such assessment, interest shall be thereafter collected thereon as
provided in the following section; and all provisions of law or ordi-
rance requiring any different or other notice of assessments and
interest thereon, are hereby repealed.
L. 1882, ch. 410, § 916, as amended by L. 1893, ch. 183.
Interest to be charged if assessment unpaid for sixty days.
§ 1019. If any such assessment shall remain unpaid for the period
of sixty days after the date of entry thereof on the said record of
titles of assessments, it shall be the duty of the officer authorized to
collect and receive the amount of such assessments to charge, col-
lect and receive interest thereon, at the rate of seven per centum pei.
arinum, to be calculated from the date of such entry to the date of
payment.
L. 1882, ch. 410, § 917. See $ 1006, ante.
(a) A sale of land for non-pay firmation of the assessment instead
ment of an assessment vacated be- of from the date of entry. Matter
cause the amount of the latter was of Willis, 30 Hun. 13; Matter 01
illegally increased by the addition Austin (MSS., May, 1880, cited 112
of interest from the date of con Matter of Willis, ante).
Rate.
§ 1020. Interest shall hereafter be charged and collected at the
rate of seven per centum per annum on all arrears of taxes and
88 1020-1022]
511
ARREARS OF WATER RENTS.
assessments returned to the collector of assessments and arrears
from the time they become due until the date of payment, or in case.
a sale has taken place, as provided in section ten hundred and
twenty-seven, until the date of the certificate mentioned in said sec-
tion, and on the rents and charges for water from the time the taxes
become due, to which they may be added as required by section ten
hundred and twenty-five, until the same date respectively.
L. 1882, ch. 410, 8 918.
Apportionment of assessment.
§ IC21. If a sum of money in gross has been or shall be assessed
for local improvements, upon any lands or premises in The City of
New York, any person or persons claiming any divided or undivided
part thereof may pay such part of the sums of money so assessed,
also of the interest and charges due or charged thereon, as the
comptroller may deem to be just and equitable; and the remainder
of the sum of money so assessed, together with the interest and
charges, shall be a lien upon the residue of the land and premises
only, which residue may be sold in pursuance of the provisions of
this act, to satisfy the residue of such assessment, interest, or
charges, in the same manner as though the residue of said assess-
ment had been imposed upon the residue of said land or premises.
L. 1882, ch. 410, 8 919.
Commissioner of water supply to transmit separate account for each
ward; penalty for wasting water.
§ 1022. The commissioner of water supply shall, annually, at the
time the tax levy in each year is confirmed by the municipal assem-
bly, cause to be prepared and transmitted to the collector of assess-
ments and arrears a separate account for each ward of all lots on
which the water rents for that year, including the extra charges to
be included in said rents, as provided by this act, may remain
unpaid, with the amount due on each lot, and shall, at the same
time, notify the comptroller of the aggregate amount of such water
rents so returned, and shall thereafter receive, no payment on
account of the same, but may, nevertheless, certify to the collector of
assessments and arrears any overcharges, which shall, upon said
certificate, be remitted by the collector of assessments and arrears.
at any time before settlement. The said commissioner of water
silpply is hereby authorized to prescribe a penalty, not exceeding
the sum of five dollars for each offense, for permitting water to be
wasted, and for any violation of such reasonable rules as he may
512
[Sg 1022–1025
ARREARS OF TAXES.
from time to time prescribe for the prevention of the waste of water;
such fines shall be added to the water rents.
L. 1882, ch. 410, 8 921; L. 1887, ch. 559.
Receiver of taxes to return arrears to the collector.
§ 1023. The receiver of taxes shall, on the first day of June, in
each year, make a return to the collector of assessments and arrears,
of all taxes on real estate and of water rates and rents, which have
been added thereto, remaining unpaid, and shall notify the comp-
troller of the aggregate amount of arrears so returned, and balance
on his books the accounts of the arrears so returned, by charging
the amount thereof to the said collector, and shall thereafter receive
no payments on accounts of arrears so returned, but may neverthe-
less certify to the collector of assessments and arrears any errors,
which shall, upon such certificate, be corrected by the said collector
any time before settlement.
L. 1882, ch. 410, 8 922.
Water rents to be provided for in assessment-rolls.
§ 1024. There shall be ruled in the yearly assessment-rolls of
each ward a column headed "water rents” in which immediately
after the confirmation of such assessment-rolls, the collector of
assessments and arrears shall cause to be entered opposite the ward,
lot, town block and map numbers of the property on which the said
arrears may be due, the amounts due for “water rents," as trans-
mitted to him by the commissioner of water supply, in accordance
with the law, and the same shall be collected at the same time and
in the same manner with the taxes to which they shall be added.
L. 1882, ch. 410, $ 923.
Arrears likewise to be provided for.
§ 1025. There shall be ruled in the yearly assessment-rolls of the
taxes in each ward, a column headed “arrears,” in which the col-
lector of assessments and arrears shall, annually, before any taxes
for the year are collected, cause to be entered the word “arrears"
or “sold,” according as the fact may be, opposite to the ward, lot,
town block and map numbers on which any arrears of taxes, or of
taxes with the water rent added, shall be due, or on which any
assessment shall remain unpaid which was due or confirmed thirteen
months prior to the first of June, then last past, or which may have
been sold for assessments, taxes, or water rents, and yet be
redeemable.
| L. 1882, ch. 410, 8 924.
SS 1026, 1027]
513
SALE OF LANDS FOR TAXES.
Bills for taxes to show arrears.
$ 1026. There shall be ruled a co.umn for “arrears ” in every bill
rendered for taxes for lots on which said arrears or assessments, or
taxes with water rents added, may be due as aforesaid, or may liave
been sold and yet be redeemable, in which shall be written opposite
the entry of the ward, lot, town block and map number of said lot,
“arrears ” or “ sold ” according as the fact may be; and it is hereby
declared to be the duty of the receiver of taxes to cause a record to
be kept of the ward and block numbers of all lots so noted in said
bill as in arrears, or sold, when said bills are presented for settle-
inent, and at the bottom of said bill shall be printed: “ the columns
for arrears indicate lots sold for arrears, or to be sold therefor;
arrears to be paid and lots redeemed at the office of the collector of
assessments and arrears."
L. 1882, ch. 410, $ 925.
Sales of land for taxes and assessments; proceedings.
. § 1027. Whenever any tax on lands or tenements, or any assess-
mients on lands or tenements for local improvements, shall remain
unpaid for the term of three years from the time the same shall have
been confirmed, and also whenever any rents for water in said city
shall have been due and unpaid for the term of four years from the
time the same shall have been due, it shall and may be lawful, for
the collector of assessment and arrears, under the direction of the
comptroller, to advertise the said lands and tenements or any of
them for sale, and by such advertisement the owner or owners of
such lands and tenements respectively shall be required to pay the
amount of such tax, assessment, or water rents so remaining
unpaid, together with the interest thereon at the rate of seven per
centum per annum to the time of payment, with the charges of such
notice and advertisement, to the said collector, and notice shall be
given by.such advertisement that if default shall be made in such
payment such lands and tenements will be sold at public auction
at a day and place therein to be specified, for the lowest term of
years at which any person or persons shall offer to take the same in
consideration of advancing the said tax, assessment, or water rents,
as the case may be, and the interest thereon as aforesaid to the time
Ci sale, and the charges of the above mentioned notices and adver-
tisement and all other costs and charges accrued thereon; and if,
Hotwithstanding such notice, the owner or owners shall refuse or
neglect to pay such tax, assessment, or water rents, with the inter-
ests as aforesaid, and the charges attending such notice and adver-.
33
514
[8 1027
SALE OF LANDS FOR TAXES.
-
tisement, then it shall and may be lawful for the said collector
under the direction of the said comptroller, to cause such lands and
tenements to be sold at public auction for a term of years, for the
purpose and in the manner expressed in the said advertisement,
and such sale shall be made on the day and at the place for that.
purpose mentioned in the said advertisement, and shall be con-
tinued from time to time, if necessary, until all the lands and tene-
ments so advertised shall be sold; and the said collector shall give
to the purchaser or purchasers of any such lands and tenements
a certificate of sale, in writing, describing the lands and tenements
so purchased, the term of years for which the same shall have been
sold, the sum paid therefor, and the time when the purchaser will
be entitled to a lease of the said lands and tenements. But no
houses or lots, or improved or unimproved lands, in The City of
New York, shall be hereafter sold or leased at public auction for the
nonpayment of any tax, assessment, or water rents which may be
due thereon, unless notice of such sale shall have been published
once in each week successively for three months in the City Record
and the corporation newspapers, which advertisement shall contain,
appended to said notice, a particular and detailed statement of the
property to be sold for taxes, assessments or water rents; or the
said detailed statement and description, instead of being published
in the City Record and the corporation newspapers, shall, at the
option of the said comptroller, be printed in a pamphlet, in which
case copies of the pamphlet shall be deposited in the office of the
said .collector, and shall be delivered to any person applying there-
for. And the notice provided for in this section to be given of the
sale of houses and lots and improved and unimproved lands shall
also state that the detailed statement of the taxes, assessments, of
water rents, and the ownership of the property taxes assessed, and
on which the water rents are unpaid, is published in the City
Record and the corporation newspapers, or in a pamphlet, as the
case may be, and that copies of the pamphlet are deposited in the
office of the said collector, and will be delivered to any person
applying for the same. No other notice or demand of the tax,
assessment or water rent shall be required to authorize the sale of
any lands and tenements as hereinbefore provided.
L. 1882, ch. 410, § 926, as amended by L. 1883, ch. 276.
(a) A substantial compliance
with the statuites in all matters
which are of the substance of the
procedure, and designed for the
protection of the taxpayer, is a
condition precedent to the validtby
of a tax title. Westfall v. Preston,
49 N. Y. 349; Parish v. Golden
35 Id. 462; Buffalo & State Line
R. Co. v. Supervisors of Erie, 48 14
98 1027-1029]
515
SALE OF LANDS FOR TAXES.
93; Weber y. Hatch, 10 Abb. N. C.
431; Lalor v. The Mayor, 12 Daly,
235. But see People v. Hagadorn,
104 N. Y. 516; People v. Walsh, 22
Hun, 139; affi’d, 87 N. Y. 481; Dono-
hue v. O'Conor, 13 Super. Ct. (J. &
S.) 278; where it is held that a
strict compliance with the statute
is requisite to give a valid title un-
der a tax sale.
(6) To entitle a purchaser at a
sale, under this section, to recover
back the amount paid, from the
city, he must show that the sale
was void, and it is not enough to
show that the certificate, under
§ 1041, did not comply with the
statute, or that the lease thereaf-
ter made was void. Clarke v. The
Mayor, 55 N. Y. Super. (J. & S.)
of interest than allowed by law; or
that an excessive charge for adver-
tising was made by said clerk.
Clarke v. The Mayor, Ibid.
(d) The term of years, under this
section, runs from day of sale. Peo-
ple ex rel. Morgenthau v. Cady, 105
N. Y. 299.
(e) An accurate description of
the land assessed is essential to
the validity of a tax sale. Ex parte
New York Central Railroad Co., 90
N. Y. 342.
(f) What has been held to be a
sufficient description of property
included in a tax sale. Coleman v.
Shattuck, 62 N. Y. 348; affi'g 2 Hun,
497; People v. McGuire, 126 N. Y.
419.
(g) As to improper description of
property in pamphlet of sale, avoid-
ing same, see Smith v. Walker, 56
N. Y. Super. (J. & S.) 391; S. C., 4
N. Y. Supp. 632. See, also, People
ex rel. Andrews v. McGuire, 8 Id.
852.
259.
(c) A sale, under this section, is
not void so as to entitle the pur-
chaser to recover back the amount
paid, from the city, because the
clerk of arrears, upon giving the
certificate, exacted a greater sum
Contiguous lots to be advertised as one parcel.
§ 1028. In advertising houses and lots and improved or unim-
proved lands to be sold for the nonpayment of taxes and assess-
ments or water rents, it shall be the duty of the collector of assess-
ments and arrears to advertise all the houses and lots or other
lands lying contiguous to each other and belonging to the same
owner in one parcel, unless otherwise requested by such owner, but
he may sell separately the said houses and lots as the same may
have been assessed.
L. 1882, ch. 410, 8 927.
.(a) As to construction of words
* belonging to same owner" in this
section, see People 'ex rel. Morgen-
thau v. Cady, 105 N. Y. 299.
Postponement of sales.
§ 1029. It shall be lawful for the comptroller to suspend or post-
pone any sale or sales of lands and tenements or any portion
thereof which shall have been advertised for sale, to any time not
exceeding fifteen months from the day specified in any such adver-
tisement. All sales which shall be so postponed or suspended shall
be made without further advertisement, other than a general notice
of such postponement, to be published in the City Record and the
corporation newspapers.
L. 1882, ch. 410, 8 928.
516
[SS 1030-1032
SALE OF LANDS FOR TAXES.
Sales for taxes and assessments to be conducted by the collector of
assessments and arrears; provision for repayment of purchase
money when the sale is vacated.
§ 1030. The collector of assessments and arrears or his assistant
shall conduct the sales hereinbefore provided to be made, and no
auctioneer other than said collector or his assistant shall be
employed to make such sale, and no auctioneer's fees shall be
charged thereon. Certificates of sale shall be made and delivered
to the purchaser without charge. In case any sale shall be vacated
or cancelled, the purchaser, his legal representative or assign shall
be repaid the amount paid by him at such sale, with interest thereon
from the time of such payment.
L. 1882, ch. 410, § 929, as amended by L. 1892, ch. 905...
See People ex rel. Ostrander v. Wemple, 139 Id. 240; People v. Rob-
Chapin, 105 N. Y. 309; Same v. Same, erts, 144 id. 234; Matter of Olmstead,
109 İd. 177; Ostrander v. Darling, 127 11 Misc. Rep. 700; S. C., 3 N. Y. Supp.
Id. 70; People ex rel. H. P. Čo. v. 1124.
Corporation may bid in property.
§ 1031. It shall be lawful for the collector of assessments and
arrears, at any sale of lands and tenements in The City of New
York, for taxes, assessments or water rents, to bid in, for The City
of New York, every lot and premises so put up for sale for which
no person shall offer to bid, and certificates of such sales shall be
made by the said collector to The City of New York in the form
and manner prescribed for individuals. All such purchases shall be
subject to the same rights of redemption as purchases by individ-
uals; and if the lands and tenements sold shall not be redeemed, or
shall not have been assigned, the comptroller of the city shall exe-
cute a lease therefor to The City of New York, with the same effect
as in cases of leases to individuals in this title provided.
| L. 1882, ch. 410, $ 931.
Id.; how assigned.
§ 1032. It shall be the duty of said collector, in all cases of pur-
chases of lands and tenements by The City of New York for taxes,
assessments or water rents, to assign any and all such purchases to
any person who shall at any time within one year from the time
when such purchases were made, offer to take the same, upon his
or her paying to the said collector of assessments and arrears, for
the use of the city, the purchase money, with seven per centum
interest thereon. The person so receiving the assignment shall be
entitled, upon the redemption of the property, to receive the amount
so paid by him or her in the city with interest from the time of such
SS 1032–1035] REDEMPTION OF LANDS FROM CORPORATION. 517
payment at the rate and in the same manner as if he or she had pur-
chased the property at a sale for taxes, assessments or water rents.
L. 1882, ch. 410, $ 932.
Certificates where consolidated municipality has bid in property.
§ 1033. In cases where lands within the boundaries of any of the
municipal corporations or parts of municipal corporations by this
act, consolidated with the corporation known as the mayor, alder-
men and commonalty of the city of New York, have been sold for
taxes and assessments and the title upon such sales has passed to
either of said municipal corporations or parts of municipal corpo-
rations, such title is hereby transferred to and vested in the corpo-
ration of The City of New York as constituted by this act; and said
corporation shall have all the rights, privileges, and property of its
predecessor in said title and the same powers and privileges in
respect to the enforcement of the same or the sale or lease thereof,
and the comptroller of the city shall control the same in all respects,
as hy statute in such cases already made and provided.
See. L. 1882, ch, 410, $ 933.
f
Redemption of lands purchased by corporation.
§ 1034. In all cases of lands and tenements purchased by The
City of New York for taxes, assessments, or water rents, in which
the same shall not have been assigned, any person claiming title to
slich lands and tenements, or any other person, may redeem the
same in like manner and to the same effect as in cases of individual
purchases, by paying, in the manner provided by law, for the use of
the said city, the purchase money with seven per centum interest
thereon, together with any and all expenses which shall have
accrued since the sale; and in all cases where lands and tenements
shall be conveyed to the said city pursuant to the provisions of this
title, it shall be the duty of the said collector in the name of the
said city, to cause notices to be served in the manner in this title
provided.
L. 1882, ch. 410, 8 934.
Corporation to take possession of unclaimed lands.
$ 1035. It shall be lawful for The City of New York, and it is
Hereby authorized and empowered, to take peaceable possession of,
or sue for and recover, and to hold, occupy, and enjoy all lots or
preces or parcels of land, situate, lying, and being in the city which
ave or which may be sold for a term of time for the payment of
any taxes or assessments in the said city, after the expiration of the
518
NOTICE OF SALE TO MORTGAGEES. [$S 1035, 1036
term from which the same may have been or shall be so sold, pro-
vided the rightful owner of the same shall not then claim posses-
sion of the same, and to have, hold, and occupy the same until the
rightful owner shall claim possession of the same, and shall pay all
sums which may be due thereon for taxes, assessments, and also the
value of the improvements, which may be made, or erected upon
the same by The City of New York, over and above all the rents,
issues, and profits which may be received by The City of New York
for or on account of the rents, issues, and profits of any such prem-
ises; provided always, that The City of New York shall not be enti-
tled to demand any sum of money for any such improvements,
unless it shall have caused to be published, in the City Record and
the corporation newspapers for at least three months previous to the
making of such improvements, a notification to the owners of the
. said lots, to appear and take possession of their said premises; and,
further, that in no case shall the owners of the said premises be
compelled to pay for any such improvements a sum exceeding
two-thirds of the value of their sạid lots of land. The city shall
account for and pay over to the rightful owner of any such lots of
land all the rents, issues, and profits which The City of New York
may receive on account of such premises over and above the
amount of all taxes and assessments due for or on account of the
said premises, and over and above the value of all such improve-
ments thereon as shall be made after the notification mentioned in
this section, and as shall not exceed two-thirds of the value of said
lots of land.
L. 1882, ch. 410, 8 935.
<
Mortgagees to be notified of sale before the time to redeem expires.
§ 1036. In cases of sales of real estate for the nonpayment of taxės
or assessments, it shall be the duty of the collector of assessments
.and arrears, sixty days before the time limited by law for the
redemption of any real estate from the effect of such sales, to cause
notice to be given to all mortgagees of the real estate so sold, their
assignees or personal representatives, and to all owners, lessees, O!
persons otherwise interested, or their legal representatives, who
shall at any time, at least one month before the time for the giving
of such notice, have filed in the office of the register or county clerk
of the county in which said real estate is situated a memorandum
of such mortgage and of such real estate, containing a brief abstract,
designating the property, with the street number, if there be any, or
such definite description or diagram as will enable the said collector
$S 1036–1038] NOTICE OF SALE How GIVEN.
519
of assessments and arrears to designate the said premises upon the
city maps, and the name and residence of such mortgagee, assignee,
or personal representative, and such owner, lessee, or person
represented.
L. 1882, ch. 410, $ 936.
(a) A purchaser at a tax sale, of
land on which there is a recorded
mortgage, acquires a valid title,
subject only to the right of the
mortgagee to redeem under the
statute; he is not affected by a
subsequent foreclosure, to which
he is riot made a party. Becker v.
Howard, 66 N. Y. 5.
(6) The purchaser at a tax sale
is not compelled to give any notice
to the mortgagee in order to per-
fect his title. He can, however,
only limit the time for redemp-
tion by giving notice. Becker v.
Howard, 66 N. Y. 5.
(c) Only mortgagees, the descrip-
tion of whose property has been
filed pursuant to this section, are
entitled to notice. Bennet v. Peck,
28 Hun, 447; affi’d, 95 N. Y. 661;
Cromwell v. McLain, 123 Id. 474.
(d) The fact that a party may
appear by record to be a mort-
gagee, does not of itself entitle him
to notice. He must be a mortgagee
in fact. If his mortgage be paid,
although unsatisfied of record, he
is not entitled to notice. Martin v.
Stoddard, 127 N. Y. 61.
(e) See People ex rel. Maloney v.
Edwards, 56 Hun, 377; S. C., 10 N.
Y. Supp. 335.
How such notice shall be given.
§ 1037. Such notice shall be given by putting into the post-office.
in The City of New York, directed to such mortgagees, assignees,
or personal representatives, at their places of residence, if known to
the collector of assessments and arrears, and such owners, lessees,
cr persons otherwise interested, a printed list describing all the
property sold for taxes and remaining unredeemed. Such descrip-
tion shall name the street or avenue on which the property may be
situate, the side of the street or avenue, and between what streets or
avenues, with the map or street numbers of the property, and in
whose name assessed, together with the term of years and amount
for which the same shall have been sold, and the day or days on
which the time limited for the redemption of the property will
expire, with a notice that unless the property shall be redeemed on
or by such days, by the payment of the sums for which the same
were sold, with all interest and expenses allowed by law, that leases
will be given to the purchasers, in accordance with the statute in
such case made and provided.
L. 1882, ch. 410, 8 937.
Affidavit of service.
§ 1038. An affidavit of the service of such notice as is required in
the two preceding sections, before any officer authorized to take
amdavits to be read in a court of record, and filed in the office of the
520 PUBLICATION OF TIME FOR REDEMPTION. [Sg 1038–1041
said register or county clerk or a certified copy thereof under the
signature of such register or county clerk shall be evidence of
the fact of such notice.
| L. 1882, ch. 410, 8 938.
Register or county clerk to record memoranda.
§ 1039. It shall be the duty of the said register or county clerk to
keep in his office a book, alphabetically arranged, for the registering
of all such memoranda as aforesaid, which book shall be open to
the inspection of any person desiring to examine the same, without
charge.' The said register or county clerk shall be entitled to receive
twenty-five cents for registering the memorandum of each mort-
gage, as above provided.
L. 1882, ch. 410, 8 939.
Mortgagee's right to redeem.
§ 1040. Such mortgagees or their assignees or personal repre-
sentatives, and such owners, lessees, or persons otherwise interested,
01 their legal representatives, shall be entitled to redeem the prop-
erty sold from the effect of such sale, at any time within two years
from the date of such sale, and such mortgagees, assignees, or per-
sonal representatives shall have a lien on the property for the
amount paid, with the interest which may thereafter accrue thereon,
at the rate of seven per centum per annum, in like manner as if the
same had been included in such mortgage.
L. 1882, ch. 410, 8 940.
Notice of expiration of time to redeem to be published; lease to be
executed to purchaser on default to redeem.
§ 1041. The collector of assessments and arrears, under direction
of the comptroller of ihe city, shall cause an advertisement to be
published at least twice in each week, for six weeks successively in
the City Record and the corporation newspapers, in such form as
he shall deem best calculated to give notice of such sale, that unless
the lands and tenements sold be redeemed by a certain day, they
will be conveyed to the purchaser. If the person or persons claim-
ing title to the said lands and tenements, or some other persons,
shall not, within two years from the date of the before mentioned
certificate pay to the said collector, for the use of the purchaser of
purchasers, his, her, or their heirs, executors, administrators. of
assigns, the sum mentioned in such certificate, together with the
interest thereon, at the rate of fourteen per centum per annum,
$ 1041)
521
LEASE TO PURCHASER AT TAX SALE.
from the date of such certificate, the said comptroller, in the name
of The City of New York, at the expiration of the said two years,
shall execute to the purchaser or purchasers, his, her, or their
heirs, executors, administrators, or assigns, a lease, under the com-
mon seal of the city, of the lands and tenements so sold for such
term of years as the same shall have been sold, and the execution
thereof shall be witnessed by the said collector. At the time of
receiving the lease the purchaser shall pay the sum of two dollars.
and fifty cents to the said collector for the expense of drawing said.
lease, and also the expense of advertising the notice to redeem; and
all such leases executed by the said comptroller and witnessed by
the said collector shall be presumptive evidence that the sale and
all proceedings prior thereto, from and including the assessments on
said lands and tenements, for taxes or assessments or water rents,
and all notices required by law to be given previous to the expira-
tion of the two years allowed to redeem, were regular and according
to the provisions of the statute in such cases made and provided;
and such purchaser or purchasers, his, her, or their heirs, executors,
administrators, or assigns, shall, in virtue thereof and of this title,
lawfully hold and enjoy the said lands and tenements in said lease
mentioned for his, her, or their own proper use against the owner
or owners thereof, and all claiming under him, her, or them, until
such purchaser's terni therein shall be fully complete and ended;
and the said purchaser or purchasers, his, her, or their heirs, execu-
tors, administrators, or assigns, shall be at liberty to remove all the
buildings or materials which he, she, or they shall erect or place
thereon during the said term, within one month after the expiration
of the said term, but leaving the lands and tenements, with the
streets fronting the same, in the order required by the regulations of
the municipal assembly; provided that such lease shall not be exe-
cuted and delivered until the expiration of six months after the
publication of the notice last herein above mentioned.
L. 1882, chi 410, 8 941.
(a) The provision of this section
making tax leases presumptive evi-
dence of the regularity of the sale,
and all proceedings prior thereto,
shifts the burden of proof from
the tax lessee to the person assail-
ing the lease, and such assailing
party is bound to establish, by sat-
isfactory evidence, the illegality or
defect which vitiates and renders
the lease void. This provision con-
flicts with no constitutional re-
sement, since the power of the
legislature to change the common-
law rules of evidence is undoubted.
People v. Turner, 117 N. Y. 227;
Coleman v. Shattuck, 62 Id. 358;
Lott v. De Graw, 30 Hun, 417.
(6) The statutory presumption of
the validity of a title, founded upon
a comptroller's deed, may be over-
thrown by evidence of irregularity
in the proceedings. Johnson V.
Elwood, 53 N. Y. 431.
(c) If an assessment is void, the
owner of property may resist the
NE
522
[S$ 1041–1043
SALE OF OCCUPIED LANDS.
title of any purchaser under a cient to rebut the presumption of
lease given under this section, and, regularity arising from the lease.
therefore, $$ 958-960 apply, and no Willis v. Gehlert, 34 Hun, 566; Dona-
action will lie to restrain the city hue v. O'Conor, 45 N. Y. Super. (J.
from executing a lease to a pur & S.) 278, 299.
chaser under a sale for an assess (f) A published notice stating
ment, because the latter is void. that certain property was sold for
Lennon v. The Mayor, 55 N. Y. 361. taxes December 28, 1886, and that
But see Masterson v. Hoyt, 55 redemption must be made “on or
Barb. 520.
before the expiration of two
(d) Where premises sold for an years," the last day being specifi-
assessment are redeemed by the cally stated to be December 28,
owner, and thereafter he succeeds 1888, is a sufficient compliance with
in reducing the assessment by suit, the statutory requirement that the
the city s not bound to repay to him notice specify a “day certain” on
that part of the redemption money which to make redemption. Hen-
paid over by it to the purchaser for nessey v. Volkening, 30 Abb. N. C.
interest and expenses, as required 100; S. C., 22 N. Y. Supp. 528.
by this section, such redemption (9) Any defect in the certificate
having been made while the as or lease does not impair or affect
sessment remained in full force. a sale made in conformity to law
Wallace v. The Mayor, 52 Hun, .587; for a tax properly imposed, or au-
S. C., 5 N. Y. Supp. 705.
thorize the purchaser to recover
(e) A notice by advertisement to back the purchase-money. Clarke
redeem, which stated sales on a V. The Mayor, 111 N. Y. 621, afii'g
number of days, and that redemp 55 N. Y. Super. (J. & S.) 259.
tion must be made within a given (1) See Sperling v. Isaacs, 22 N.
period from such days, respect- Y. Weekly Dig. 174; Clarke v. The
ively, held, void as not indicating Mayor, 55 N. Y. Super. (J. & S.)
with certainty the last day to re- . 259; and see cases cited, § 1043,
deem, and held further that the post.
production of such notice was suffi-
Redeeming a portion of land sold.
§ 1042. In all cases where pieces or parcels of land shall have
been sold for taxes, assessments or water rents, and any person
shall claim to redeem any portion of the same within the time lim-
ited for redemption, he shall be permitted to do so on paying the
apportionment of the tax, assessment or water rents for which the
property was sold, together with the interest on the same, and an
equitable proportion of the expense, the apportionment to be made
by the comptroller. .
| L. 1882, ch. 410, 8 942.
Sale of lands actually occupied; notice to be served.
§ 1043. Whenever any lands or tenements sold for taxes, assess-
ments, or water rents, and conveyed, as in this title provided, shall,
at the time of conveyance, be in the actual occupancy of any person,
the grantee to whom the same shall have been conveyed, or the
person claiming under him, shall serve a written notice on the
person occupying such lands or tenements, and in all cases on
the person owning the property so conveyed, whether the property,
be in occupancy or not, provided such owner resides in The City of
S$ 1043, 1044] NOTICE BY PURCHASER TO OCCUPANT.
523
New York, or in any adjoining county; in case the owner does not
reside in The City of New York, or in an adjoining county, said
notice shall be sent to his or her post-office address by mail. All
such notices shall state in substance the sale and conveyance, the
person to whom made, and the amount of consideration money
mentioned in the conveyance, with the addition of forty-two per
centum on such amount as the said lands or tenements were struck
off for at the time of the sale, and the further addition of the sum
paid for the lease and advertisement; and stating, also, that unless
such consideration money, and the said forty-two per centum,
together with the sum paid for the lease and advertisements, shall
be paid to said collector of assessments and arrears, for the benefit
of the grantees, within six months after the service of such notice,
the said conveyance will become absolute, and the owner, occupant,
and all others interested in the lands or tenements be barred from
all right and title thereto during the term of years for which such
lands or tenements shall have been conveyed. And no conveyance
made in pursuance of this title shall be recorded until the expiration
of such notice, and the evidence of the service of such notice shall
be recorded with such conveyance.
L. 1882, ch. 410, 8 943.
(a) Under this section, until as required under this section is
service of the notice to redeem, the of no effect, if such service is made
grantee or lessee obtains no title, before the lease of the property
and has only an imperfect or in has been delivered to the purchaser
choate right, which may ripen into at the sale. Lockwood v. Gehlert,
one. Smith v. Buhler, 121 N. Y. 53 Hun, 15; S. C., 6 N. Y. Supp. 20;
213; Joslyn v. Rockwell, 128 Id. 334. . 24 N. Y. State Rep. 245; Donahue v.
(6) The result of the giving of O'Conor, 45 N. Y. Super. (J. & S.)
notice being to finally divest the 278; Smith v. Walker, 56 Id. 391;
title, the same must be in strict S. C., 4 N. Y. Supp. 632.
accordance with the statute. Smith (e) The fact that a notice to re-
V. Buhler, Ibid.
deem is invalid does not render the
(c) A notice which stated that a tax sale void. Clarke v. The Mayor,
sale was made and lease given for 111 N.Y. 621, affi'g 55 N. Y. Super.
non-payment of taxes of 1874, (J. & S.) 259; People ex rel. Glason
When, in fact, the sale was made V. Cady, 6 N. Y. Supp. 546. See
for the taxes of 1876, constitutes Lockwood v. Gehlert, 38 N. Y. State
a defect which is more than a mere Rep. 261.
omission, it being a statement false if) The meaning of the term
and misleading, in a material re "occupant" considered in Com-
spect, and the lessee acquired no stock v. Beardsley, 15 Wend. 348;
title thereunder. Smith v. Buhler, Stewart v. Crysler, 100 N. Y. 378;
Ibid; see cases cited under § 1041, People ex rel. Marsh v. Campbell,
ante.
67 Hun, 590; S. C., 22 N. Y. Supp.
(d) Service of notice to redeem 458; affi’d, 143 N. Y. 335.
Id.; mode of service.
8 1044. Such notice shall be served personally or by leaving the
Same at the dwelling-house of the occupant and of the person own-
524
CERTIFICATE OF COMPTROLLER. [Sg 1044-1046
ing the property conveyed, with any person of suitable age and
discretion belonging to his or her family, and the name of the per-
son on whom served shall be stated in the affidavit of service herein-
after mentioned if the same can be ascertained, and if served by
mail, shall state the time when the same was mailed.
L. 1882, ch. 410, § 944. See People ex rel. Morgenthau v. Cady, 105 N. Y.
299.
Id.; affidavit thereof..
§ 1045. In every such case the grantee, or the person claiming
under him, in order to complete his title to the land conveyed, shall
file with the said collector of assessments and arrears an affidavit of
some person residing in The City of New York, who shall be certi-
fied as credible by the officer before whom such affidavit shall be
taken, that such notice was duly served, specifying the time of ser-
vice, the mode and manner of service and a copy of such notice shall
be attached thereto.
L. 1882, ch. 410, $ 945.
(a) An affidavit of service under
· this section which, at the time of
filing, contains no certificate by
the officer taking the oath, that the
affiant was a credible person, is de-
fective. Franklin v. Pearsall, 53 N.
Y. Super. (J. & S.) 271.
(6) The affidavit required by this
section is not competent evidence of
the service of notice to redeem in
an action involving the validity of
a tax title. In such an action the
service of the notice must be estab-
lished by common-law evidence.
Hennessey V. Volkening, 30 Abb.
N. C. 100, s. C., 22 N. Y. Supp. 528,
and cases cited.
Certificate of the comptroller; effect thereof.
§ 1046. If the said comptroller shall be satisfied by such affidavit
that the notice has been duly served, and if the moneys required to
be paid for the redemption of such lands or tenements shall not
have been paid as hereinbefore provided, he shall, under his hand
and seal, certify to the fact, and the conveyance shall thereupon
become absolute, and the owner and all others interested in the
lands or tenements shall be barred of all right thereto during the
term of years for which the same shall have been conveyed.
L. 1882, ch. 410, 8 946.
(a) The certificate mentioned in
this section must be sealed under
authority and by direction of the
same comptroller by whom it is
signed, and cannot be legally
sealed by his successor in office.
The certificate must not be under
the hand of one comptroller and
the seal of another, and it must be
made before the day, and not on
the day, of the delivery of the
lease. Lockwood v. Gehlert, 53
Hun, 15; S. C., 6 N. Y. Supp. 20; 24
N. Y. State Rep. 245. See Locke
wood v. Gehlert, 38 N. Y. State
Rep. 261.
(h) The certificate of the comp.
troller pursuant to this section
$$ 1046–1050]
525
REDEMPTION BY OWNER.
is not a judicial determina-
tion, and does not conclude the
owner of the property sold from
showing that the service of the
notice to redeem was defective.
Hennessey v. Volkening, 30 Abb. N.
C. 100; s. C., 22 N. Y. Supp. 528.
Owner or occupant; when may redeem. .
$ 1047. The owner, occupant, or any other person may, at any
time within the six months named in such notice, redeem the said
lands and tenements by paying such purchase money, with the addi-
tion of forty-two per centum thereon, and the amount that shall
have been paid for the lease, and every such redemption shall be as
effectual as if made before the conveyance of the lands or tenements
sold.
L. 1882, ch. 410, 8 947.
Rate of interest; how to be calculated.
§ 1048. The rate of interest allowed by law to the purchaser at
the time of redemption on the amount of the purchase money shall
be reduced to fourteen per centum per annum; but no interest shall
be calculated on a less portion of time than one-quarter of a year;
and in all cases where the property shall be redeemed during any
fractional part of a year, the interest shall be calculated so as to
include the quarter in which such redemption shall be made, the
time to be computed from the day of sale.
L. 1882, ch. 410, 8 948.
Certificate of redemption to be furnished.
$ 1049. Upon such redemption, as provided for in the two preced-
ing sections, the said collector of assessments and arrears shall give
to the person redeeming, a certificate under his hand and seal, stating
the payment, the year in which the sale was made, and showing
what land such payment is intended to redeem, and such certificate
shall be evidence of such redemption.
L. 1882, ch, 410, 8 949.
Lost certificate; delivery of lease in case of.
1050. Whenever any certificate given by the collector of assess-
ments and arrears, as in this title provided, of lands sold shall be lost,
le said comptroller may receive evidence of such loss, and on satis-
actory proof of the fact may execute and deliver a lease to such
son or persons who shall appear entitled thereto of the lands and
lements described in the certificate, and may also, in his discre-
require a bond of indemnity to The City of New York. Each,
tincate shall be registered in the record of sales to be kept in the
526
BILLS OF ARREARS OF TAXES. [SS 1050-1051
bureau of said collector of assessments and arrears, and no transfer
of such certificate shall be valid until registered in said book
L. 1882, ch. 410, 8 950.
Bills of arrears of taxes and assessments to be furnished when re-
quested.
§ 1051. The collector of assessments and arrears, upon the requisi-
tion of any person, shall furnish a bill of all arrears of taxes, and of
taxes with the “water rents” added on any lot or lots due prior to
the first of June, then last passed; and of assessments which shall
have been due twelve months or over, including the amount neces-
sary to redeem it or them, if it or they have been sold for any arrears
of assessments, taxes or water rents and be yet redeemable; and
upon the payment of the said bill (which shall be called a “bill of
arrears of assessments, taxes and water rents and for redemption"),
his receipt thereon, countersigned by the comptroller, shall be con-
clusive evidence of such payment. The comptroller shall cause to
be kept a duplicate account of amounts so collected, and the certifi-
cate of the collector of assessments and arrears, countersigned by
the comptroller, that there are no such liens on said lot or lots, shall
forever free the said lot or lots from all liens of taxes, or for taxes
with water rates added, or for rents of water added to the taxes
prior to the first of June then last passed, and for all assessments due
thirteen months or over, prior to the date of the said receipt or cer-
tificate, and from all liens in consequence of sales for assessments,
taxes, or water rents, or for all of them, when the time allowed by
law for redemption had not expired at the date or time of said pay-
ment or certificate.
L. 1882, ch. 410, 8 951.
(a) When an assessment is erro- 323. See s. C., 2 Hun, 306; Dietrich
neously discharged of record as v. The Mayor, 5 Id. 421.
paid, upon discovery of the mis (6) It seems, that the receipt and
take, the entry of payment may be certificate of the comptroller and
corrected, and the collection en clerk of arrears of lots being
forc
eu oy sale of the property, but the free from liens, are not the on!
lien cannot be restored so as to evidence of the fact of the remo
affect bona fide purchasers of the of the liens, but it can be proved
property, or others standing in a by other evidence. Curnen v. 1
similar relation, whose transac Mayor, supra.
tions were entered into in igno (c) Where a taxpayer upon apo
rance of the error and in relianceplication to a registrar of arrears
upon the truth of the record, the for a bill of all taxes due, receives
assessment-roll being akin to a the same and thereupon pays any
judgment and the doctrine of es the taxes included therein, and
toppel being applicable to the city. thereafter the land is sold for now
Curnen v. The Mayor, 79 N. Y. 511, payment of taxes in arrears WhE
rev'g Daly, 544; Mayer V. The
hut which
544; Mayer V. The the bill was furnished, but Wande
Same, 63 N. Y. 455, affi'g 67 Barb. were omitted from the bill by Log
88 1051-1054] RECORD OF SALES FOR TAXES.
527
lect of the officer or his clerk, the
title of the taxpayer is not divested
by the sale, and a mandamus will
issue to compel receipt of the taxes
and cancellation of the sale. Peo-
ple ex rel. Cooper v. Registrar of
Arrears, 114 N. Y. 19, affi'g 4 N. Y.
State Rep. 834; S. C., 42 Hun, 656.
Id.; fees for searches.
§ 1052. Fees for the searches to be paid into the city treasury
shall be included in the bills mentioned in the preceding section,
and also charges for certificates, which shall be given by said col-
lector of assessments and arrears, respecting lots on which there
may be no arrears when searches are required; the said fees to be
regulated by ordinance of the municipal assembly.
L. 1882, ch. 410, $ 952.
Complete record of sales to be kept.
§ 1053. There shall be kept in the office of the collector of assess-
ments and arrears a record of all sales made for taxes, assessments
and water rents, which record shall show the amount of the tax, the
assessment and the water rents, a description of the premises sold,
the date of the sale, the name of the person to whom sold, the term
of years for which such property was sold, time of the delivery of the
lease, to whom delivered, and when the same shall expire.
L. 1882, ch. 410, 8 953.
Affidavits of publication of necessary notices to be preserved.
§ 1054. It shall be the duty of the collector of assessments and
arrears to procure, preserve and register in his office, affidavits of
the publication of all the notices by this title required to be pub-
lished, and such affidavits shall be presumptive proof of such publi-
cation in all the courts of this state.
| L. 1882, ch. 410, 8 954.
CHAPTER XVIII.
DEPARTMENT OF EDUCATION.
TITLE I. THE PUBLIC SCHOOLS AND THEIR MANAGEMENT.
2. THE COLLEGE OF THE CITY OF NEW YORK.
3. THE NORMAL COLLEGE.
4. GENERAL PROVISIONS.
TITLE 1.
THE PUBLIC SCHOOLS AND THEIR MANAGEMENT.
Sec. 1055. Board of education and school boards; property under their
care and control; in what name suits brought.
1056. School age of children.
1057. Board of education; succeeds to trusts of Public School So-
ciety.
1058. Board of education and school boards; succeed to duties and
powers of former boards, etc.
1059. Money to conduct schools to be raised by taxation after 1898.
1060. Special and general school funds; all moneys to be received by
board of education.
1061. School board, how constituted; vacancies; members to hold no
other officers, except, etc.
1062. Board of education, how constituted; president; vacancies;
members to serve without pay.
1063. Id.; to possess powers and privileges of a corporation.
1064. Id.; to be representative of school system; to require and
revise estimates from school boards; to submit estimate for
entire school system.
1065. Id.; administers special fund; apportions general fund and
files record with comptroller.
1066. Id.; may direct comptroller to withhold certain appropria-
tions.
1067. Id.; to use and control certain premises; housing the schoo
board of the borough of Manhattan and other boroughs.
1068. Id.; to dispose of personal property; disposition of proceeds.
1069. Board of education to appoint certain officers, clerks, etc., and
fix their salaries.
1070. Id.; power to enact by-laws, rules and regulations.
1071. Id.; secretary; duties; secretary and chief clerk may 'adm
ister oaths.
1072. Id.; provide for bureaus, etc., in boroughs.
nd
BOARD OF EDUCATION.
529
$əc. 1073. Superintendent of school buildings; oath and security by;
subject to regulatious of board; vacancy in office.
1074. Id.; deputy in each borough; plans for school buildings.
1075. Id.; appointment and removal of janitors.
1076. Board of education; purchase of, and regulations regarding
supplies.
1077. Id.; advertising for contracts; security for performance.
1078. Superintendent of supplies; oath and security by; subject to
regulations of board; vacancy; deputy superintendents and
subordinates; depots of supplies.
1079. City superintendent of schools; rights and duties.
1080. Id.; further duties; annual report; clerks of main office.
1081. Board of examiners; teachers' licenses, etc.
1082. Id.; school officers not to be interested in contracts; removal of.
1083. Id.; public school teachers' retirement fund.
1084. Id.; annual report to state superintendent of public instruc-
tion.
1085. Id.; annual report to mayor; other reports to mayor.
1086. Continuation of yearly contracts with teachers in territory
consolidated.
1087. Removals by mayor for neglect or misconduct after hearing.
1088. Oath of appointees to school office.
1089. Id.; organization; secretary and employes; duties and bond of
secretary.
1090. Id.; powers and duties.
1091. Id.; power to fix salaries.
1092. Id.; duties of secretary; chief clerk and secretary may admin-
ister oaths.
1093. Id.; powers to establish kindergartens, etc.
1094. Id.; power to establish evening schools, etc.; may establish,
discontinue and consolidate schools in boroughs.
1095. Id.; power to establish special classes for persons who cannot
use the English language readily.
1096. Id.; power to establish high schools, etc.
1097. Id.; power to create school inspection districts, discretionary;
mayor appoints inspectors; terms, organizations, etc., of
inspectors.
1098. Duties of inspectors of common schools.
1099. School boards in boroughs to cause accounts and records to be
made and kept.
1100. Id.; to provide for payment of salaries to principals and teach-
ers and for disbursements. ·
1101. Id.; annual and other reports.
1102. Id.; power to appoint and remove borough superintendents
and associate superintendents of schools; qualifications.
1103. Id.; appointment and resignation of principals and teachers.
1104. Changing grades of schools and classes; fixing standard of
qualification for principals and teachers.
1105. Id.; by-laws governing transfers of principals and teachers.
1106. Id.; transfer of unemployed principals or teachers.
1107. Id.; board of superintendents of the boroughs; how duties
regulated.
34
530
[S 1055
TITLE TO SCHOOL PROPERTY.
Sec. 1108. General duties of borough superintendents and associate super-
intendents.
1109. Borough board of superintendents; lists of principals, etc., to
be kept by; where principals report.
1110. Id.; promotion of pupils; transfer of teachers by city superin-
tendent of schools; preferment where schools are consoli-
dated or discontinued.
1111. Id.; recommendations of and requisitions for text books and
scholastic supplies.
1112. Miscellaneous provisions as to powers and duties of borough
superintendent, borough board of superintendents, and prin-
cipals.
1113. Id.; qualifications for special branches.
1114. Charges against principal and teachers and others; proceed-
ings thereon.
1115. Powers of investigation.
1116. Borough superintendent; enforcing compulsory education law;
nominating, assigning, suspending and discharging clerks.
1117. Continuation in office of all employes under public school sys-
tem of any part of the territory consolidated.
1118. School money appropriation by the state to the public schools
of the city.
1119. School board of the borough of Brooklyn to control and admin-
ister the public school teachers' retirement fund created by
chapter 656, Laws of 1895. Composition of fund; retirement
and pensions of teachers.
Board of education and school boards; property under their care and
control; in what name suits brought.
§ 1055. The title to all property, real and personal, now or that
may hereafter be acquired for school or educational purposes, except
the state normal school at Jamaica, and also the title to all property,
real and personal, purchased for school or educational purposes with
any school moneys, whether derived from the issue of bonds or
raised by taxation in The City of New York, shall be vested in The
City of New York, as constituted by this act, but shall be under the
care and control of the board of education and of the school boards
of the various boroughs, as provided in this act, for the purposes of
public education. Suits in relation to such property shall be brought
in the name of the said board of education. The said city of New
York shall have power to take and hold any property, real or per-
sonal, devised or bequeathed or transmitted to it for the purposes of
education in said city; but such property shall be under the care
and control of the board of education and of the school boards of
the various boroughs, as provided by this act, for the purposes of
public education in said city.
L. 1882, ch. 410, 8 1029.
S$ 1055-1058] RIGHTS AND DUTIES OF BOARD.
531
(a) The board of education have
power to take a bequest for the
supply of a library for the College
of The City of New. York. (See
Š 1128, post.) Betts v. Betts, 4 Abb.
N. C. 317, 404.
School age of children.
§ 1056. The schools of the said city under the management and
control of the board of education and of the several school boards
established by this act, shall be free to all persons over five and
under twenty-one years of age residing in said city, but under such
regulations not in conflict with the general school law of the state,
as the board of education or the respective school boards shall pre-
scribe; and where kindergarten schools are established under the
provisions of this act, they shall, in like manner, be free to children
110t less than four years of age residing in said city.
L. 1882, ch. 410, $ 1051.
(a) The privilege of receiving an
education at the expense of the
State is created and conferred only
by State laws, and always subject
to its discretionary regulation, and
it may be granted or refused to
any individual or class at the pleas-
ure of the State. People ex rel.
King v. Gallagher, 93 N. Y. 38; affi'g
11 Abb. N. C. 187.
(6) Provisions establishing sep-
arate schools for the education of
colored children with facilities
equal to those for white children,
and excluding colored children
from the latter, are not vio-
lative of United States Consti-
tntion, XIV Amdt., or affected by the
Civil Rights Act of this State. (L.
1873, ch. 186.) People ex rel. King
v. Gallagher, Id.; People v. Easton,
13 Abb. (N. S.) 159. Nor do such
provisions establishing separate
schools for white and colored chil-
dren violate the provisions of
the Federal Civil Rights Bill. (L.
1886, ch. 27, § 1.) Dallas v. Fosdick,
40 How. Pr. 249.
Board of education; succeeds to trusts of Public School Society.
$ 1057. All the trusts held by or vested in the public school
society of the city of New York, as heretofore organized and exist-
ing in compliance with the provisions of an act entitled, “An act
relative to common schools in the city of New York,” passed the
fourth day of June, one thousand eight hundred and fifty-three,
Which have not been conveyed by the said society, and all the
rights, powers and duties of the said society, which yet remained
therein, shall continue and be vested in the board of education of
The City of New York, which board is, and shall be held to be the
lawful successors of said society in the execution of every trust.
| L. 1882, chi 410, $ 1030.
vard of education and school boards; succeed to duties and powers of
former boards, etc.
8 1058. Subject to the provisions of this act, and so far as is con-
sistent therewith, the board of education of The City of New York,
as created by the terms and provisions of this act, and the school
532
SCHOOL FUNDS How RAISED. [S$ 1058-1060
boards of the various boroughs, as created by the terms and pro-
visions of this act, shall respectively be subject to all the duties, pos-
sess all the rights and exercise all the powers now respectively held
by the boards of education, commissioners of education and school
trustees existing at the time of the passage of this act, in and for the
city of New York, the city of Brooklyn, or Long Island City, or the
school districts of the county of Richmond, and tlie school districts
of that part of the county of Queens, by this act consolidated into
The City of New York, and such duties shall be deemed under this
section to be devolved upon the said board of education or the
school boards in the same manner as similar duties are devolved
upon the said board of education or the school boards of the bor-
oughs, by this act.
Money to conduct schools to be raised by taxation after 1898.
$ 1059. The board of estimate and apportionment and the munici-
pal assembly of The City of New York may, in the year eighteen
hundred and ninety-nine, and in each and every year thereafter,
raise and collect by tax, on the estates, real and personal, liable to
taxation in said city, such sum of money as may be necessary to
provide for the conduct of the schools as called for by the budget
adopted by the said board and the said assembly pursuant to the
provisions of this act; but nothing contained in this act shall be con-
strued to limit or restrict the power of the board of estimate and
apportionment and the municipal assembly, to fix in their discretion,
and in such detail as they may deem expedient, the amounts to be
allowed to said board of education in the annual tax levy.
L. 1896, ch. 387, 8 4.
Special and general school funds; all moneys to be received by board
of education.
§ 1060. All moneys raised for educational purposes in The City
of New York shall be raised in two funds, to be known as the special
school fund and the general school fund, respectively. The special
school fund shall consist of all moneys raised for the purchase of
school sites, for the erection and repairs of buildings, for the pur-
chase and the leasing of educational and school buildings; for the
purchase of all school supplies, for the maintenance of the nautical
school, and for the administrative purposes of the board of educa-
tion. And it shall be the duty of the board of estimate and appor-
tionment and of the municipal assembly to indicate in the budget in
raising the special school fund the respective amounts thereof whics,
shall be available for use within the jurisdiction of each of the sche
$$ 1060, 1061] :MEMBERS OF SCHOOL BOARD.
533
boards. The general school fund shall be raised in bulk, and for the
city at large, and shall contain and embrace all items for educational
purposes not comprised in the special school fund. The said board
of education shall have power to take and to receive, and shall take
and receive all moneys appropriated or available for educational
purposes in The City of New York.
L. 1882, ch. 410, $ 1027.
(a) Section 151, subd. 4, applies Tappen, 67 N. Y. 580; People ex rel.
to payment from school moneys Bd. of Education v. Green, 67 Id.
upon contracts of the board of edu 580. All that is necessary for the
cation, and no action can be main board of education to furnish un-
tained upon such contracts against der this subdivision is a voucher
the city until all the steps to final in proper form for the action of
payment required of other claims the auditor and comptroller. Dan-
against the city are taken. Dannat nat v. Board of Education, 12 Hun,
v. The Mayor, 66 N. Y. 585, affi'g 6 673.
Hun, 88; People ex rel. Root v.
School board, how constituted; vacancies; members to hold no other
office except, etc.
§ 1061. There shall be the following school boards in The City of
New York:
1. A school board for the boroughs of Manhattan and The Bronx,
to be composed of twenty-one members. The board of education
of the city of New York, as constituted prior to the passage of this
act, shall be the school board in and for the said boroughs, and the
members of said board of education shall serve out, as members of
the school board, the terms for which they were respectively
appointed as members of the board of education of the city of New
York. Their powers, duties and functions as a board of education
shall cease and determine, and their powers, duties and functions as
a school board under this act shall commence on the first day of
February, eighteen hundred and ninety-eight.
2. A school board for the borough of Brooklyn, to be composed
of forty-five members. The board of education of the city of Brook-
lyn shall be the school board in and for the borough of Brooklyn,
and the members of said board of education shall serve out, as mem-
bers of the school board, the terms for which they were respectively
appointed as members of the board of education of the city of
brooklyn. Their powers, duties and functions as a board of educa-
ton shall cease and determine, and their powers, duties and func-
tions as a school board under this act shall commence on the first
day of February, eighteen hundred and ninety-eight. The mayor
Il appoint successors to the members of the school board of the
boroughs of Manhattan and The Bronx and of the school board of
me borough of Brooklyn as their terms shall respectively expire.
534
MEMBERS OF BOARD OF EDUCATION. [S$ 1061, 1062
3. A school board for the borough of Queens and a school board
for the borough of Richmond, each to be composed of nine mem-
ters, to be appointed as follows: On the third Wednesday in Janu-
ary, eighteen hundred and ninety-eight, the mayor shall appoint for
each of the said boroughs nine persons to constitute the school
board in the said boroughs respectively; three of whom shall be
appointed for one year, three for two years, and three for three
years, and their terms of office shall be designated in their letters of
appointment. They shall take office, and their terms shall com-
mence on the first day of February succeeding their appointment.
As their terms respectively expire, the mayor shall appoint their
successors for a full term of three years. The powers, duties and
functions of the board of education of Long Island City, and of all
other boards of education within the territory by this act consoli-
dated into The City of New York, and of the trustees of common
schools for the school districts included in The City of New York
as constituted by this act, shall cease and determine, and their
offices shall be abolished on the first day of February, eighteen hun-
dred and ninety-eight; and the jurisdiction and powers of school
commissioners within the territory of The City of New York as con-
stituted by this act shall cease at the same time. The term of office
of all members of the school boards, save as in this section otherwise
provided, shall be three years. The members of each school board
shall be appointed from the residents of the respective boroughs in
which they are to serve. Vacancies in said board, caused by death,
resignation, removal from the borough, or otherwise, shall be filled
by the mayor for the unexpired term. Members of the school
boards shall hold no office of emolument under the city, county,
state, or national government, except the offices of notary public or
commissioner of deeds, or offices in the national guard.
Board of education, how constituted; president; vacancies; members to
serve without pay.
§ 1062. There shall be in The City of New York as constituted
by this act, a board of education, which shall have the management
and control of the public schools and of the public school system of
the city, subject only to the general statutes of the state relating to
public schools and public school instruction, and to the provisions
of this act. The board of education of The City of New York, shall
consist of nineteen members, and shall be composed as follows: 0
the chairman of each of the school boards provided for by the la
preceding section, by virtue of his office, and of ten delegates elect
by the school board of the boroughs of Manhattan and The Bronx,
$8 1062-1064] POWERS AND DUTIES OF BOARD.
535
and of five delegates elected by the school board of the borough of
Brooklyn, to be chosen from the membership of said school boards,
respectively. The members of the board of education so elected
shall serve for one year and until their successors are chosen. On
the third Monday of February, in the year eighteen hundred and
fiinety-eight and in every year thereafter, the said board of educa-
tion shall organize by electing one of its members as president of the
board, who shall preside at its meetings, and shall have the same
power to vote thereat as any other member, but who shall not have
the power of veto. Any vacancy in the office of members of the
board of education, caused by death, resignation, or otherwise, shall
be filled for the unexpired term in the same manner as the officer
whose office is vacated was chosen or elected. Members of the
board of education and of the several school boards shall serve with-
out pay.
L. 1882, ch. 410, § 1022. See L. 1896, ch. 387, 88 1, 2.
Id.; to possess powers and privileges of a corporation.
§ 1063. For the purposes of this chapter, the board of education
of The City of New York shall possess the powers and privileges of
a corporation.
Id.; to be representative of school system; to require and revise esti-
mates from school boards; to submit estimate for entire school sys-
tem.
§ 1064. The board of education shall represent the schools and
the school system of The City of New York before the board of esti-
toate and apportionment, and before the municipal assembly in all
matters of appropriations in the budget of the city for educational
purposes, and in all other matters, and shall, in general, be the repre-
sentative of the school system of the city in its entirety. The said
board shall require from each school board estimates in detail of the
moneys needed for the administration of the department of educa-
tion in its borough, and it shall be the duty of each school board,
whenever required by the board of education, to transmit such esti-
mates to the said board. The board of education shall, thereupon,
restate, rearrange, revise, and verify such estimates so as to form an
estimate for the entire school system of the city, which it shall sub-
init, properly divided into items under the general school fund and
the special school fund, to the board of estimate and apportionment
for its action.
536
SCHOOL FUND HOW DISTRIBUTED. [88 1065, 1066
Id.; administers special fund; apportions general fund and files record
with comptroller.
§ 1065. The special school fund shall be administered by the
board of education. The general school fund shall be administered
by the respective school boards and shall be apportioned by the
board of education among the different school boards of the city as
follows:
1. A distributive quota to each school board of one hundred dol-
lars for every qualified teacher, or for successive qualified teachers
who shall have actually taught in the schools under the charge of
the board during a term of not less than thirty-two weeks of five
successive days each, inclusive of legal holidays.
2. The remainder of such general school fund shall be appor-
tioned among the said school boards by the said board of education
in proportion to the aggregate number of days of attendance of the
pupils resident in the boroughs under their charge, between the
ages of five and eighteen years, at their respective schools, during
the last preceding school year, and also of such pupils resident
therein over four years of age, as shall, during the last preceding
school year, have attended any kindergarten schools established
nuder the direction of the school boards, or any of them, pursuant
to the provisions of this act. The aggregate number of days in
attendance of the pupils is to be ascertained from the records thereof
kept by the teachers, as hereinafter prescribed, by adding together
the whole number of days of attendance of each and every such
pupil in the schools under the charge of the respective school
boards. The board of education shall file a record of their appor-
tionment of the general school fund and of all appropriations from
the special school fund, with the comptroller.
Id.; may direct comptroller to withhold certain appropriations.
$ 1066. The board of education shall have power to direct the
comptroller to withhold from any school board any part of the
moneys apportioned to it upon the basis of the number of teachers
employed in any school under its charge, whenever the city super- -
intendent of schools shall report in writing to said board of educa-
tion that the provisions of the state school laws, or of this chapter,
or of the by-laws of the board of education in any way relating to
such school or to its teachers, are not being complied with; and
when thereafter the city superintendent shall report in writing to
the board of education that the provisions of the state school laws,
or of this chapter, or of the by-laws of the board of education, are
being satisfactorily complied with in said school, it shall be the duty
88 1066-10697 OFFICERS AND EMPLOYES OF BOARD.:
537
of the board of education to direct the comptroller to place at the
disposal of the school board concerned, the school 'moneys so
withheld.
Id.; to use and control certain premises; housing the school board of
the borough of Manhattan and other boroughs.
$ 1067. The board of education shall have power to use and to
control the premises known as the hall of the board of education,
at the corner of Grand and Elm streets in the borough of Manhat-
tan, and any other buildings to be occupied for like purposes therein,
and to make all the repairs, alterations and additions in and to the
said building or buildings which the board of education may author-
ize and deem advisable. And it shall be its duty to make provision
for housing the school board of the boroughs of Manhattan and
The Bronx in such building or in any other building which may be
so occupied by the board of education. The board of education of
The City of New York shall provide a meeting-room, and such other
headquarters, offices, and rooms, as they may deem advisable within
the boroughs of The City of New York, for the administration of
. the powers and duties of the school boards of the other boroughs.
| L. 1896, ch. 387, 8 14.
Id.; to dispose of personal property; disposition of proceeds.
§ 1068. The board of education shall have power, in the name
of The City of New York and for said city, to dispose of such per-
sonal property used in the schools or other buildings under the
charge of said board, as the school board of the borough concerned .
shall by resolution certify is no longer required for use therein, and
all moneys realized by the sale thereof shall be paid into the city
treasury and shall at once be appropriated by the board of estimate
and apportionment to the special school fund of the board of educa-
tion for use in the borough in which the property sold was situated.
L. 1882, ch. 410, $ 1027; L. 1896, eh. 387, $ 15.
Board of education to appoint certain officers, clerks, etc., and fix their
salaries.
$ 1069. The said board of education shall have power to appoint
a secretary of the board, a superintendent of school buildings, who
shall be an architect of experience and good standing, and whose
term of office shall be for six years; a superintendent of school sup- .
plies, whose term of office shall be for six years; a city superin-
tendent of schools for the term of six years and one or more audit-
ors, as may be necessary in the judgment of the board, upon whose
certificate accounts against the said board, or charges upon either
538
[S$ 1069–1071
BY-LAWS AND REGULATIONS.
the special or general school fund may be paid when countersigned
by the proper officers, as the by-laws of the said board of education,
with the approval of the comptroller of the city, may direct. The
said board may appoint a chief clerk and such other officers, clerks,
or subordinates as it may deem necessary for its administrative
duties, and as are provided for by the proper appropriation. The
city superintendent of schools, the secretary of the board, the super-
intendent of school buildings, the superintendent of school supplies,
the auditor or auditors, and any other officers, clerks or subordinates
of the board, may, any or either of them, be removed for cause at
any time by a vote of three-fourths of all of the members of the
board of education. The said board shall fix and regulate within
the proper appropriation the salaries or compensation of the secre-
tary of said board; of the superintendent of school buildings; of the
superintendent of supplies; of the auditor or auditors; of the city
superintendent of schools; of members of the board of examiners,
and of any other officers, clerks or subordinates, and it may fill any
vacancies in such offices or positions.
See L. 1896, ch. 387, § 3.
Id.; power to enact by-laws, rules and regulations.
§ 1070. The board of education shall have power, subject to the
provisions of law and of this act, to enact by-laws, rules and regula-
tions for the proper execution of all duties devolved upon the
board, its members and committees; for the transaction of all busi-
ness pertaining to the same; for defining the duties of the city
superintendent of schools, the superintendent of school buildings,
the superintendent of school supplies, of its auditor or auditors, its
clerks and subordinates; for regulating the manner of making dis-
bursements from any of the funds apportioned to any borough for
school purposes, for the proper execution of all powers vested in it
by law, and for the promotion of the welfare and best interests of
the public schools and public school system of the city in the matters
committed to its care.
See L. 1896, ch. 387, § 11.
Id.; secretary; duties; secretary and chief clerk may administer oaths.
§ 1071. The secretary of the board of education shall hạve charge
of the rooms, books, papers and documents of the board, and shall,
in addition to his duties as secretary of the board, perform su
other duties as may be required by its members or committe
The secretary and the chief clerk of said board are authorized to
$$ 1071-1074] SUPERINTENDENT OF SCHOOL BUILDINGS1
. 539
administer oaths and take affidavits in all matters appertaining to
the schools in The City of New York, and for that purpose shall
possess all the powers of a commissioner of deeds, but shall not be
entitled to any of the fees or emoluments thereof.
L. 1882, ch. 410, $ 1033.
Id.; provide for bureaus, etc., in boroughs.
§ 1072. The board of education shall make provision for the
organization in the various boroughs of such bureaus as they may
deem necessary in the departments of the superintendents of school
buildings and of school supplies, and shall make such provision by
its by-laws as will enable each school board to secure prompt and
efficient service for the planning and erection of new buildings for
school purposes, and for the alteration and repair of existing build-
ings, and for the regulation of the purchase and distribution of
school books and supplies, and for the preservation of all school
records.
Superintendent of school buildings; oath and security by; subject to
regulations of board; vacancy in office.
§ 1073. The superintendent of school buildings shall take and
subscribe before the secretary or the chief clerk of the board of edu-
cation, the oath prescribed by the constitution of this state, and give
such security for the faithful performance of the duties of his office
as the board of education may direct; and the department under his
charge shall be subject to such rules and regulations as the board
may establish, one of which shall prohibit the performance by him
of any work, on any other account, similar to that performed under
the regulations so established, except for the College of the City of
New York and the Normal College of the City of New York, and
like institutions in the department of education. Any vacancy in
the said office of superintendent of school buildings shall be filled by
appointment for the unexpired term.
II. 1896, ch. 387, 8 23.
TYY
YIL
W.; deputy in each borough; plans for school buildings.
§ 1074. The superintendent of school buildings may appoint a
deputy súperintendent for each of the boroughs, who shall be an
architect or engineer of good standing, and, with the authority of
the board of education, he may empower a deputy superintendent
In his place and stead to execute all the duties of superintendent and
such other duties as the board of education may, by regulation, pre-
540
[89 1074-1077
CONTRACTS FOR SUPPLIES.
scribe. All plans for new school buildings, for additions to school
buildings, and for structural changes in old buildings, shall be
püssed upon, and must be approved by the superintendent of school
buildings, who shall then submit such plans to the school board of
the borough wherein such buildings are to be erected or such addi-
tions or changes are to be made, who shall thereupon transmit such
plans with such suggestions, in writing, as they may see fit to make,
to the board of education, whose action thereon shall be final.
Id.; appointment and removal of janitors.
§ 1075. Janitors shall be appointed by the school board on the
nomination of the superintendent of school buildings. All such
nominations shall be from a preferred list of duly qualified persons
certified to and on file in the office of superintendent of school
buildings. Janitors may be removed by the school board on com-
plaint of the principal of the school, the superintendent of school
buildings, or a member of the school board.
L. 1896, ch. 387, 8 28.
Board of education; purchase of, and regulations regarding supplies.
§ 1076. The board of education shall provide for the purchase of
all books, apparatus, stationery and other things necessary and expe-
dient to enable the schools of the city to be properly and success-
fully conducted. It shall cause to be furnished all necessary sup-
plies, and shall make. regulations for the furnishing thereof to the
schools in the several boroughs, and for the accounting for the
same by the several school boards. The board of education shall
have power to enact by-laws and resolutions for the government of
the superintendent of supplies, which by-laws and resolutions shall
provide that all supplies, as far as possible, shall be obtained by con-
tract, for which proposals shall be advertised for a period of at least
two weeks.
Id.; advertising for contracts; security for performance.
§ 1077. The board of education shall have power by its by-laws.
to prescribe the period of all advertising for contracts to be entered
into by or in behalf of the said board, the rules which are to deter-
mine the acceptance or rejection of all bids given for any work,
labor, or materials advertised for, and the security to be required to
insure the performance of such contract.
L. 1896, ch. 387, 8 14.
NI
S$ 1078-1080] CITY SUPERINTENDENT OF SCHOOLS.
541
Superintendent of supplies; oath and security by; subject to regulations
of board; vacancy; deputy superintendents and subordinates; depots
of supplies.
§ 1078. The superintendent of school supplies shall take and sub-
scribe before the secretary or the clerk of the board of education the
oath prescribed by the constitution of this state, and shall give such
security for the faithful performance of the duties of his office as the
board of education may direct; and the department under his charge
shall be subject to such rules and regulations as the board may
establish. Any vacancy in the said office of superintendent of
school supplies shall be filled by appointment for the unexpired
term. The superintendent of school supplies may appoint such
deputy superintendents and such other subordinates as the by-laws
of the board of education may authorize and he may, with the
authority of said board, empower a deputy superintendent in his
place and stead to execute all the duties of the superintendent, and
such other duties as the board of education may by regulation pre-
scribe. He shall establish such depots of supplies in any of the
boroughs as may be authorized by the board of education. .
L. 1896, ch. 387, 8 23.
1
City superintendent of schools; rights and duties.
§ 1079. The city superintendent of schools shall have the right of
visitation and inquiry in all of the schools of The City of New York
as constituted under this act, and he shall report to the board of
education on the educational system of the city, and upon the con-
dition of any and of all the schools thereof, but he shall have no
right of interference with the actual conduct of any school in The
City of New York. He shall have a seat in the board of education,
and the right to speak on all matters before the board, but not to
vote.
1d.; further duties; annual report; clerks of main office.
§ 1080. The city superintendent of schools, so often as he can
consistently with his other duties, shall visit the schools of the city
as he shall see fit, and inquire into their courses of instruction, man-
agement and discipline, and shall advise and encourage the pupils
and teachers and officers thereof; subject to the by-laws of the board
of education, he shall prescribe suitable registers, blanks, forms and
regulations for the making of all reports, and for conducting all
necessary business connected with the school system not devolved
upon the borough superintendent by this act, and he shall cause the
same, with such information and instructions as he shall deem con-
542 CITY SUPERINTENDENT OF SCHOOLS. [$$ 1080, 1081
ducive to the proper organization and government of the schools,
and the due execution of their duties by school officers, to be trans-
initted to the officers or persons entrusted with the execution of the
same. He shall submit to the board of education an annual report
containing a statement of the condition of the schools of the city,
and all such matters relating to his office, and such plans and sug-,
gestions for the improvement of the schools in the school system,
and for the advancement of public instruction in The City of New
York as he shall deem expedient, and as the by-laws of the board of
education may direct. He may appoint such clerks as he may deem
necessary, and as are authorized by the board of education, but the
compensation of such clerks shall not exceed in the aggregate the
amount appropriated therefor. He shall assign his clerks to their
various duties, and may suspend or discharge them for cause, but
in such case, the clerks shall have a right of appeal to the board of
education. He shall report as often as the board of education shall
direct upon any matter, or matters entrusted to his charge, in such
cietail as shall be required of him. He shall maintain his main
office in the borough of Manhattan, and in such building as the
board of education shall direct. He shall have power, at any time,
to call together all of the borough superintendents and associate
superintendents for consultation. It shall further be his duty to
report any case of gross misconduct, insubordination, neglect of
duty or general inefficiency on the part of any borough superintend-
ent or associate superintendent, first, to the school board of the
borough concerned, and, failing of remedy, then to the board of
education.
L. 1882, ch. 410, $8 1039 and 1040; L. 1896, ch. 387, § 20.
Board of examiners; teachers' licenses, etc.
§ 1081. A board of examiners is hereby constituted whose duty it
shall be to examine all applicants requiring to be licensed in and
for The City of New York, and to issue to those who pass the
required tests of character, scholarship and general fitness, such
licenses as they are found entitled to receive. Such board of exam-
iners shall consist of the city superintendent of schools, together
with four persons appointed by the board of education upon the
nomination of the city superintendent. The terms of the first four
cxaminers so appointed shall be one, two, three and four years,
respectively, and as their terms respectively expire, their successors
shall be appointed for a full term of four years, which shall there-
after be the full and regular term of office of said examiners. They
BOARD OF EXAMINERS OF TEACHERS.
543
shall be paid such compensation for services actually rendered as
the board of education shall prescribe. To be eligible to appoint-
nient as an examiner, an applicant must possess some one of the
following qualifications, to wit: (a) A degree or diploma of gradua-
tion from a college or university recognized by the regents of the
university of the state of New York, together with at least five years'
successful experience in teaching since graduation. (b) A state
certificate obtained as the result of an examination held since eigh-
teen hundred and seventy-five, together with at least ten years' suc-
cessful experience in teaching. (c) The highest certificate for a
principal or superintendent in force when this act takes effect in any
city included in The City of New York as constituted by this act,
together with at least ten years' successful experience in teaching.
No borough superintendent, associate superintendent, principal or
teacher in The City of New York shall be allowed to serve on the
board of examiners. Each school board, on the recommendation
of the borough board of superintendents, shall designate, subject to
the requirements of the state school laws in force when this act
takes effect or that may thereafter be enacted, the kinds or grades of
licenses to teach which may or shall be used in the borough or bor-
oughs under its charge, together with the academic and professional
qualifications required for each kind or grade of license, and shall
certify the same to the city superintendent of schools.' Each school
board, on the recommendation of the borough superintendents,
shall also designate, subject to the like limitations, and shall certify
in like manner, the academical and professional qualifications
required for service in the boroughs under its charge of principals,
branch principals, supervisors, heads of departments, assistants and
all other members of the teaching staff. The board of education, on
the recommendation of the city superintendent, shall designate, sub-
ject to the requirements of the state school laws in force when this
act takes effect or that may thereafter be enacted, the minimum
requirements to prevail throughout the city for all officers to be
appointed to any supervising or teaching position under any school
board. The board of examiners shall hold such examinations as
the city superintendent may prescribe, and shall prepare all neces-
sary eligible lists. The city superintendent shall transmit to each
school board the eligible lists that are available for use within its
Jurisdiction. All licenses shall be issued in the name of the city
superintendent of schools and shall state on their face in what bor-
ough or boroughs they are valid. Graduates of colleges and uni-
Ersities recognized by the recents of the university of the state of
New York, who have pursued for not less than one year pedagogical
544
QUALIFICATIONS OF TEACHERS. [$3 1081, 1082
courses therein; graduates of schools and colleges for the training
of teachers, approved by the state superintendent of public instruc-
tion; and teachers holding a state certificate issued by the state
superintendent of public instruction since the year eighteen hundred
and seventy-five, or holding a college graduate's certificate issued
by the same authority, may be exempted, in whole or in part, from
such examination at the discretion of the city superintendent. The
names of those to whom licenses have been granted, including those
exempted from exainination and those duly licensed in the several
boroughs prior to the date on which this act takes effect, shall be
entered by the city superintendent upon lists to be filed in his office,
a separate list being made for each grade or kind of license for
which the board of education shall by its by-laws make provision;
and such lists shall always be open to the inspection of the members
of the board of education, the members of the school boards, the
borough superintendents, the associate superintendents, the inspect-
ors, and the principals of schools. Except as superintendent or
associate superintendent, as supervisor or director of a special
branch, as principal of or teacher in a training school or high school,
no person shall be appointed to any educational position whose
name does not appear upon the proper list. No person shall teach
in any public school in the city who has not such license, except as
herein otherwise provided, nor shall any unlicensed teacher have
aliy claim for salary. Licenses to teach shall be issued by the city
superintendent of schools for a period of one year, which may be
renewed without examination in case the work of the holder is sat-
isfactory to the borough superintendent for two successive years.
At the close of the third year of continuous, successful service, the
city superintendent may make the license permanent Authority
to revoke any permanent license for cause shall be vested in the
State superintendent of public instruction.
L. 1882, ch. 410, § 1040; L. 1896, ch. 396, §§ 21 and 22.
Id.; school officers not to be interested in contracts; removal of.
§ 1082. The board of education shall have power to remove from
office any school officer who shall have been directly or indirectly
interested in the furnishing of any supplies or materials, or in the
doing of any work or labor, or in the sale or leasing of any real
estate, or in any proposal, agreement or contract for any of these
purposes, in any case in which the price or consideration is to be
paid, in whole or in part, directly or indirectly, out of any school
moneys, or who shall have received from any source whatever any
$8 1082, 1083) PENSION FUND FOR TEACHERS.
545
commission or compensation in connection with any of the matters
aforesaid; and any school officer who shall violate the preceding
provisions of this section shall be deemed guilty of a misdemeanor,
and upon conviction thereof, shall be punished by a fine not exceed-
ing one thousand dollars or imprisonment in the city prison not
exceeding one year, or both, and shall also be ineligible to any
school office. The provisions of this section shall not apply to
authors of school books used in any of the public schools because
of any interest they may have as authors in such books.
L. 1896, ch. 387, $ 17.
Id.; public school teachers' retirement fund.
$ 1083. The board of education is hereby given the general care
and management of the public school teachers' retirement fund
created by this act. The comptroller of the City of New York shall
hold any money belonging to said fund, and by the direction of said
board of education shall invest and pay out the same. The board
of education shall have charge of and administer said public school
teachers' retirement fund as it shall deem most beneficial to said
. fund, and is empowered to make all necessary contracts and take
all necessary and proper action and proceedings in the premises,
and to make payments from said fund of annuities granted in pur-
suance of this act; and shall, from time to time, establish such
rules and regulations for the administration of said fund as it may
deem best; which rules and regulations shall carefully preserve all
rights inhering in the teachers of The City of New York as consti-
tuted prior to the passage of this act. And the comptroller of The
City of New York shall report in detail to the board of education
of The City of New York, annually, in the month of January, the
condition of said fund, and the items of the receipts and disburse-
ments on account of the same. The public school teachers' retire-
ment fund herein provided for shall consist of the following, with
the interest and income thereof: (1) All money, pay, compensation
Ol' salary, or any part thereof, forfeited, deducted or withheld from
any teacher or teachers for and on account of absence from duty
Irom any cause. The secretary of the board of education shall cer-
my monthly to the comptroller the amounts so deducted from the
salaries of teachers during the preceding month. (2) All moneys
received from donations, legacies, gifts, bequests or otherwise, for
on account of said fund. (3) All such other methods of incre-
ilt as may be duly and legally devised for the increase of said
Un and after the passage of this act the board of education,
men
35
546
REPORT TO STATE SUPERINTENDENT. [SS 1083, 1084
shall, by amending its by-laws relating to the excuse of absence of
teachers with pay, so provide that the aggregate of the several sums
deducted or forfeited on account of absence from duty shall be fully
adequate to meet the demands made upon the public school teach-
ers' retirement fund for the payment of annuities as herein provided.
Said board of education shall have power, by a two thirds vote of
all its members, and after a recommendation to that effect shall have
been made by the city superintendent of schools, stating that the
teacher is mentaly or physically incapacitated for the performance
of duty, to retire any female teacher of the public schools, including
special teachers in the same, who shall have taught therein during
a period aggregating thirty years, and to retire any male teacher of
said schools who shall have taught therein during a period aggre-
gating thirty-five years. The board of education may, also, in its
discretion, retire such teachers upon their own application, after
the like period of service. Any teacher so retired shall thereafter
be entitled to receive as an anuuity one-half the annual salary paid to
said teacher at the date of said retirement, not to exceed, however,
in any case the sum of one thousand dollars per annum. The said
board is hereby given the power to use both the principal and the
income of said fund, and to manage, accumulate and otherwise
control the same as the said board shall provide by its by-laws, and
to pay the annuities hereinbefore mentioned, and it shall have
power, from time to time, to reduce the amount of annuities of all
beneficiaries of said fund, provided only that such reduction shall be
at the same rate per centum. None of the provisions of this section
shall apply, however, to any teacher in any school in the borough
of Brooklyn, who is entitled to any benefit under the fund men-
tioned in section eleven hundred and nineteen of this act until after
his removal from said borough. When a teacher is transferred to
the borough of Brooklyn, a sum equal to one per centum of the
amount paid to such teacher during said teacher's service in The
City of New York as constituted prior to the passage of this act,
since the date on which the public school teachers' retirement fund
of Brooklyn was created, shall be paid into the said Brooklyn
retirement fund and inure to the teacher's benefit in that fund under
rules governing the same.
L. 1894, ch. 296. See § 1119, post.
Id.; annual report to state superintendent of public instruction.
§ 1084. The board of education shall, between the first day of
August and the thirtieth day of September in each year, make an
transmit to the state superintendent of public instruction a report
SS 1084-1087] REPORT OF BOARD TO MAYOR.
547
writing for the state school year ending on the next preceding
thirty-first day of July, which report shall be in such form and shall
state such facts as the state superintendent and the school laws of
the state shall require.
1
Id.; annual report to mayor; other reports to mayor.
$ 1085. The board of education shall, between the first day of
August and the thirtieth day of November in each year, make and
transmit to the mayor of The City of New York a report in writing,
bearing date on the thirty-first day of July next preceding, stating
the whole number of schools within their jurisdiction, specially
designating the schools for colored children; the schools or societies
from which reports shall have been made to the board of education,
within the time limited for that purpose; the length of time such
school shall have been kept open; the amount of public money
apportioned or appropriated to said school or society, the number
taught in each school, the whole amount of money drawn from the
city chamberlain for the purposes of public education during the
year ending at the date of their report, distinguishing the amount
received from the general fund of the state and from all other
sources; the manner in which such moneys shall have been
expended; and such other information as the mayor may from time
to time require in relation to common school education in The City
of New York. The board of education shall make such other
reports to the mayor as he may call for, and at such times as he
shall require.
L. 1882, ch. 410, § 1028, subd. 5.
Continuation of yearly contracts with teachers in territory consoli-
dated.
$ 1086. All yearly school contracts by and between the local
school authorities of any school district whose territory is so
annexed and consolidated by this act and the teachers in such dis-
trict, as such yearly contracts exist at the time when this act shall
take effect, shall in all respects continue until the expiration of the
yearly term named therein, and shall be so continued by the board
of education of The City of New York, through the proper school
board.
20vals by mayor for neglect or misconduct after hearing.
9 1087. Any member of the board of education, of a borough
1 board, or any inspector of common schools in The City of
w York, may be removed by the mayor of said city, upon proof
548
ORGANIZATION OF SCHOOL BOARDS. [SS 1087–1090
either of official misconduct in office, or negligence of official duties,
or of conduct in any manner connected with his official duties, or
otherwise, which tends to discredit his office, or the school system,
or for mental or physical inability to perform his duties as mem-
ber or inspector, but before such removal of said member or inspec-
tor he shall receive due and timely notice in writing of the charges,
and a copy thereof, and shall be entitled to a hearing on like notice
before the mayor, and to the assistance of counsel on said hearing.
L. 1896, ch. 387, 8 7.
Oath of appointees to school office.
§ 1088. Every person appointed to a school office in said city or
in any borough thereof, shall before entering upon the duties of his
office, and within fifteen days of the time of being notified of his
appointment to fill a vacancy, take and subscribe before the secre-
tary or the clerk of the board of education, the oath of office pre-
scribed by the constitution of the state, and the school office as to
which any person shall omit to take the oath within the time, and
in the manner above prescribed shall be vacant at and from the
expiration of the fifteen days.
Id.; organization; secretary and employes; duties and bond of secretary.
$ 1089. The school board in each of the boroughs shall organize
on the second Wednesday of February next ensuing after the 'ap-
pointment of its members, and choose a president from its own mem-
bers, and elect its delegates, if any, to the board of education, and
shall, from time to time, as may be necessary, appoint and remove
subject to the provisions of this chapter, a secretary, assistant
secretary, or chief clerk, and such clerks, subordinates, and
employes as may be required for the administrative duties of
the board, and as may be authorized by this chapter or by
the board of education of The City of New York, and be pro-
vided for by the proper appropriation. The secretary shall
discharge such financial duties as may be prescribed by the board of
education and the comptroller of The City of New York, and he
shall give a bond in such amount and in such form to The City of
New York, as the board of education of said city, with the approval
of the comptroller, may by its by-law or resolution require.
Id.; powers and duties.
1o9o. Each school board, subject to the direction and contro
of the board of education and in accord with the by-laws of t
board of education, shall have the safe keeping of all the premis
board of education and in second with the heile vor eine
881090-1092] SALARIES OF SCHOOL TEACHERS.
549
and other property used for or belonging to the schools in the
borough. A school board shall have power to choose and to
determine the sites for all school buildings, and for additions
thereto, within its jurisdiction, and it shall be its duty to transmit
from time to time such determinations to the board of education,
by resolutions which shall be certified and transmitted in accord-
ance with the by-laws thereof. Each school board shall have power
to adopt by-laws regulating the exercise of all powers and duties
vested in it by law, which by-laws, however, shall not conflict with
the by-laws of the board of education which that board may be
authorized by law to adopt in the premises, nor with the provisions
of this chapter. And the said school board shall have power to
provide by such by-laws for the government and management of
the schools in the borough, for defining the duties and regulating
the exercise of the powers of its members and committees and of all
school officers, the borough superintendent and associate superin-
tendents, principals or teachers, clerks, assistants and employes,
and for the regulation of all disbursements from the general school
fund in the borough, and for the promotion and welfare and best
interest of all matters committed to it concerning the public schools
and the public school system of the city in said borough.
See L. 1882, ch. 410, 88 1022-1054; L. 1896, ch. 387.
Id.; power to fix salaries.
§ 1091. Each school board shall have power to adopt by-laws
fixing the salaries of the borough and associate superintendents,
of principals and branch principals, and of all other members of
the supervising and teaching staff, and such salaries shall be regu-
lated by merit, by the grade of class taught, by the length of service,
or by the experience in teaching of the incumbent in charge, or by
such a combination of these considerations as the school board may
deem proper. Said salaries need not be uniform throughout all
bile several boroughs, nor in any two of them, nor throughout any
dhe borough. The salaries fixed and established and duly payable
& different schools of the territory hereby consolidated as these
les were on the first day of January, eighteen hundred and
mety-eight, shall be and remain the salaries in the schools of the
al boroughs hereby constituted, until the same shall be
changed or modified as provided for in this section.
See L. 1882, ch. 410, 88 1022-1054; L. 1896, ch. 387.
suuties of secretary; chief clerk and secretary may administer oaths.
8 1092. The secretary of a school board shall have charge of the
550
SCHOOL FOR SPECIAL BRANCHES. [S$ 1092-1096
rooms, books, papers and documents of the board, and shall, in
addition to his duties as secretary of the board, perform such other
duties as may be required of him by its members or committees.
The secretary and the assistant secretary or chief clerk of a school
board are hereby authorized to administer oaths and take affi-
davits in all matters pertaining to the schools of The City of
New York in their borough, and for that purpose shall possess
all the powers of a commissioner of deeds, but shall not be enti-
tled to any fees or emoluments thereof.
See L. 1882, ch. 410, § 1033; § 1071, ante.
Id.; powers to establish kindergartens, etc.
§ 1093. A school board shall have power, to establish kinder-
gartens, manual training schools, trades schools and truant schools.
Id.; power to establish evening schools, etc.; may establish, discontinue
and consolidate schools in boroughs.
§ 1094. A school board shall have power to establish and to con-
duct evening schools and schools for colored pupils, and to regulate
such schools, and shall have power to establish new schools, to dis-
continue any school, or to consolidate schools in its borough, and
to maintain free lectures for workingmen and workingwomen.
See L. 1884, ch. 248; L. 1886, ch. 309; L. 1887, ch. 119; L. 1888, ch. 545; L.
1889, ch. 34 and 383; L. 1890, ch. 305; L. 1891, ch. 71.
Id.; power to establish special classes for persons who cannot use the
English language readily.
§ 1095. A school board shall have power to provide special
classes whose sessions shall be held at such times in the day of
evening as said board may determine, for the purpose of giving
instruction in the English language to persons who cannot use that
language readily, and whose avocations are such as to prevent their
attending the grammar, primary or evening schools.
| L. 1882, ch. 410, $ 1028.
Id.; power to establish high schools, etc.
§ 1096. A school board shall have power to provide one or m
high schools and training schools or classes for teachers in
borough or boroughs under its charge, as it may, from time to time,
determine, and as the appropriations may permit, and all trait
schools and all high schools heretofore established and maintai
by the public school authorities and registered as high school
the regents of the state of New York, shall be maintained in
S$ 1096, 1097]
551
.
SCHOOL INSPECTORS.
efficiency. The said training schools or classes shall be under the
control of the board of education and of the city superintendent of
schools to the extent that may be necessary to secure compliance
with chapter ten hundred and thirty-one of the laws of eighteen
hundred and ninety-five. The said high schools shall be so organ-
ized as to furnish the benefit of further education to pupils of both
sexes who shall have finished the grammar school course, and to
other residents of school age equally prepared, and the said school
board shall have power to make, from time to time, for the said high
schools all needful rules and regulations, and to prescribe con-
ditions on which pupils shall be received and instructed therein and
discharged therefrom.
L. 1895, ch. 1031; L. 1896, ch 387, 8 6.
LS
Id.; power to create school inspection districts, discretionary; mayor
appoints inspectors; terms, organizations, etc., of inspectors.
§ 1097. A school board, in its discretion, may divide the borough
or boroughs under its charge into as many school inspection dis-
tricts as it may deem necessary, which districts must be contiguous,
and, as near as may be, of equal population; and at once, upon the
making of such districts, it shall file maps of the same, duly authen-
ticated by the chairman of the school board, in the office of the
mayor of The City of New York. School inspection districts exist-
ing in any of the boroughs at the time this act takes effect, shall
continue as such until changed under the provisions of this section;
and all inspectors of common schools who have been duly appointed
to serve therein shall serve out the terms for which they were
respectively appointed, and their succssors shall be appointed by
the mayor as their terms respectively expire, for the like period of
five years. If any school board, pursuant to the powers conferred
upon it by this chapter, shall have divided or redivided its territory
into school inspection districts, then the mayor shall, within sixty
days thereafter, appoint in and for each of the school inspection dis-
tricts of the boroughs so divided, five inspectors of common schools,
to hold office respectively as may be designated in their letters of
appointment, for one, two, three, four and five years from the first
dy of October next following their appointments. Upon the
spiration of their respective terms, the mayor shall appoint their
successors for the full term of five years. Subject to the conditions
o contiguity and equality of population, as hereinbefore prescribed,
ich school board shall have power every five years, if it shall have
Once divided its territory into inspection districts, again to divide it
to such districts and to make changes in existing districts, or in
552
DUTIES OF INSPECTORS. [88 1097-1099
their number; and if such number of districts be increased, the
mayor shall forthwith appoint, in the same manner and with like
effect as herein provided, as many additional inspectors of common
schools as may be necessary to afford five inspectors in each dis-
trict. Such additional inspectors shall be subject to the same
by-laws and regulations as govern the other inspectors in the same
borough, and shall perform the same duties. All inspectors of
common schools shall serve without pay, and shall be residents of
the districts in and for which they are appointed. Any vacancy
in the office of inspector of common schools caused by death, res-
ignation, or otherwise, shall be filled by the mayor for the unexpired
term. The inspectors appointed for the respective districts in any
borough shall organize in every year on the second Monday of Octo-
ber, by the election of two of their members as chairman and
secretary respectively; and they shall meet as often as may be
necessary for the efficient performance of the duties imposed upon
them.
See L. 1896, ch. 387, § 6.
Duties of inspectors of common schools.
§ 1098. The duties of the inspectors of common schools are
stated and fixed to be as follows, and not otherwise: In their respec-
tive districts, they shall visit and inspect at least once in every
quarter, all the schools in the district, in respect to punctual and
regular attendance of the pupils and teachers, the number and
fidelity of the teachers, the studies, progress, order and discipline of
the pupils; the cleanliness, safety, warming, ventilation and comfort
of school premises; and whether or not the provisions of the school
laws in respect to the teaching of sectarian doctrines or the use of
sectarian books have been violated, and shall call the attention of
the board of education, or of the proper school board of the bor-
ough, as the case may be, without delay, to every matter requiring
official action. Every board of inspectors shall, on or before the
first day of January, April, July and October of each year, make
a written report to the proper school board in respect to the condi-
tion of the schools, the efficiency of teachers, and wants of the dis-
trict, especially in regard to schools and school premises.
L. 1896, ch. 387, $ 24.
School boards in boroughs to cause accounts and records to be made and
kept.
$ 1099. The school boards shall cause to be kept, in conformity
with the by-laws of the board of education, accurate accounts of all
moneys received and paid for or on account of the schools in its
$$ 1099–1101] PAYMENT OF SALARIES OF TEACHERS.
553
borough, and it shall not be lawful to expend any money received
for use from one of the school funds for purposes provided for in
the other school fund, but all expenditures must be made conform-
able to the purposes for which said funds were levied, collected,
apportioned and distributed, and said board shall cause a statement
to be entered in said accounts in conformity with said by-laws, of
the movable property belonging to each school. The board of
education shall provide the proper book or books, in form as
required by said by-laws, and shall cause the class teachers under
the direction and supervision of the principal teacher of each school
and department to enter the names, ages and residences of the
scholars attending the school, the name of the parent or guardian
of each pupil and the days on which the scholars shall have attended
respectively, and the aggregate attendance of each scholar during
the year, and also the day upon which the school shall have been
visited by the city superintendent or by the borough superintendent,
or by associate superintendents, or by members of the board of
education, or by members of the school board, or by the inspectors
of schools, if such there be in the borough, or by any of them, which
entry shall be verified by such oath or affirmation of principal
teacher in such school or department as may be prescribed by the
board of education. The school board shall preserve these books
as the property of the school, and such books shall at all times be
open to access by members of the board of education, by members
of the school boards and by the city superintendent, or by any bor-
ough superintendent, or associate superintendent, or any inspector
of schools, if such there be in the borough.
Id.; to provide for payment of salaries to principals and teachers and
for disbursements.
$ 1100. A school board in and for its own borough or boroughs
and subject to the by-laws of the board of education of The City
of New York shall, by its by-law, provide for the payment of the
salaries of all principals and teachers of the various schools under
its charge; and for all disbursements chargeable to the general
school fund apportioned to it for educational purposes therein.
Id.; annual and other reports.
8 I101. Each school board shall make an annual report to the
board of education of such matters as the board of education may,
by its by-laws or regulations, require, and it shall be the duty of any
nool board to report to the board of education from time to time
upon any subject that the board of education may by its resolution
require.
554 APPOINTING BOROUGH SUPTS. & TEACHERS. [S$ 1102, 1103
Id.; power to appoint and remove borough superintendents and asso-
ciate superintendents of schools; qualifications.
$ 1102. A school board shall have power, by a vote of a majority
of its members in office, to appoint a borough superintendent of
.schools for six years. It shall havė power to appoint for a like
term not more than one associate borough superintendent of schools
for the first seven hundred teachers in the schools under its charge,
and not more than one additional associate borough superintendent
for every additional three hundred and fifty teachers, or fractional
number thereof greater than one-half; provided, however, that there
shall be, in any event, two associate borough superintendents in the
boroughs of Queens and Richmond, respectively. The board of
education shall have power from time to time to modify the basis of
the number of teachers upon which the borough school boards may
appoint associate superintendents; and if the said board of education
shall at any time so change this basis, the respective school boards
gshall have power to appoint such number of associate superintend-
ents as may be provided for by the terms of such new bases. The
superintendent of schools appointed by a school board, shall be
known as the borough superintendent, and the associate superin-
tendents appointed by a school board shall be known as associate
superintendents. Any borough superintendent or any associate
superintendent may be removed for cause at any time by a three-
fourths vote of all of the members appointed to the school board by
which he was appointed. No person shall be eligible for election as
city superintendent, borough superintendent, or associate superin-
tendent who has not one of the following qualifications: (a) Gradu-
ation from a college or university recognized by the university of
the state of New York, together with at least five years of successful
experience in teaching or in supervision since graduation; (b) ten
years' successful experience as superintendent, supervising princi-
pal, or teacher in a graded school.
Id.; appointment and resignation of principals and teachers.
§ 1103. Principals shall be appointed by the school boards in
their respective boroughs on the nomination of the board of bor-
ough superintendents. Principals, branch principals, supervisors,
heads of departments, teachers, assistants and all other members of
the teaching staff, shall be appointed by the school boards on the
like nomination. Teachers shall be promoted or transferred from
one class to another by the school hoard, or in accordance with its
by-laws, on the nomination of the borough board of superin-
tendents. For all purposes affecting the appointment, promotion,
S$ 1103, 1104] APPOINTMENT AND TRANSFER OF TEACHERS. 555
or transfer of the teachers in any school, the principal of such school
shall have a seat in the borough board of superintendents, with
a vote on all propositions affecting his school. The system or mode
of nomination in this section provided for shall not be held to
deprive any school board that has been a board of education, of the
right to appoint, to promote, and to transfer principals, teachers
and other members of the teaching staff without suich nomination,
in any borough in which, at the time this act takes effect, said board
of education enjoys such right of appointment without nomination
by superintendents, until the same shall have been adopted by the
school board of such borough. The nominations thus provided for
inust be made from the list of properly certificated principals and
teachers and other persons eligible for service in the schools of the
borough in the positions to be filled. The time within which said
school board shall finally act upon said nominations, either by
appointing such principal or teacher or other officer or by reject-
ing such nominations, is hereby fixed at forty days from the date of
the first regular meeting of the school board next after the filing of
such recommendation in the office of the secretary of the board.
The failure on the part of a school board to confirm or to reject
a nomination within the time prescribed herein shall be held as
equivalent to the appointment of the principal or teacher nomi-
nated. In case of a failure or of repeated failures to appoint, other
Tiames shall be submitted to the school board for its consideration
within two weeks after each failure, until an appointment is made.
Resignations of borough superintendents and of associate superin-
tendents shall be made to the school board. Resignations of prin-
cipals and teachers, and of all other members of the teaching staff,
shall be made to the borough superintendent.
| L. 1896, ch. 387, $ 12.
Td.; Changing grades of schools and classes; fixing standard of qualifi-
cation for principals and teachers.
9 1104. A school board shall have power to change the grades of
all schools and of all classes of any high school or other school
· linder its charge upon the written recommendation of the borough
Doard of superintendents, and upon the same recommendation to
adopt and modify courses of study therefor. A school board shall
also have power to fix a standard of qualification as a necessary
Tequirement for the service of all principals and teachers in the
high schools and schools of the borough, which requirement may be
higher, but not lower than the minimum qualifications established
by the board of education of The City of New York.
556 DUTIES OF BOROUGH AND ASSOCIATE SUPTS. [S$ 1105-1108
Id.; by-laws governing transfers of principals and teachers.
$ 1105. A school board shall have power to make by-laws gov-
erning all transfers of principals or of teachers from one school to
another school in its borough, and relative to the reception of any
teacher transferred from one borough to another borough.
Id.; transfer of unemployed principals or teachers.
$ 1106. A school board shall have power upon the written recom-
mendation of the borough superintendent to transfer principals or
teachers who may be unemployed by reason of the closing or dis-
continuance of any school, to any other school in the borough
where a vacancy may exist. .
Id.; board of superintendents of the boroughs; how duties regulated.
§ 1107. A borough superintendent and the associate superintend-
ents therein shall constitute the board of superintendents for the
borough, to be known as the borough board of superintendents. A
school board in and for its borough shall have power to pass
by-laws regulating the duties of its borough superintendent, of its
associate superintendents and of the board of superintendents for
the borough. The borough superintendent shall preside over the
board of superintendents of the borough, and all communications
from the board shall be made in his name unless in any special case
he may otherwise elect.
General duties of borough superintendents and associate superintend-
ents.
§ 1108. The borough superintendents and the associate superin-
tendents shall visit every school in their respective boroughs, and
shall inquire into all matters relating to the government, courses of
study, methods of teaching, discipline and conduct of such schools,
and the condition of the schoolhouses and of the schools generally,
and shall examine classes when necessary. The borough superin-
tendents shall report the results of such inspections and examina-
tions to the school board and to the city superintendent, who shall
transmit such parts of said reports as he may consider necessary or
proper to the board of education of The City of New York, and they
shall also report to the city superintendent at such times, concern-
ing such matters, and in such form as said superintendent shall
require. It shall further be the duty of the borough superintendent,
and of each associate superintendent, through him, to report to the
school board of the borough any case of gross misconduct, neglect
of duty, or general inefficiency on the part of any principal or
88 1108-IIII] DUTIES OF BOARD OF BOROUGH SUPTS.
557
teacher or other member of the educational staff within his juris-
diction.
Borough board of superintendents; lists of principals, etc., to be kept
by; where principals report.
§ 1109. The borough board of superintendents shall keep a list of
all principals and other teachers in the service of the board of edu-
cation in the said borough or boroughs, with the dates of their
appointment, the grades and classes taught by them, the results of
all inspections and examinations, and of their standing as regards
regularity and punctuality in attendance. Such lists shall be open
to the inspection of teachers (as to their own records only), of mem-
bers of the board of education, of the members of the school board
and of principals. Principals shall report to the borough superin-
tendent at such times upon such matters and in such form as he
may require.
Id.; promotion of pupils; transfer of teachers by city superintendent of
schools; preferment where schools are consolidated or discontinued.
§ 1110. Each borough board of superintendents shall establish for
the schools under their charge rules and regulations for the pro-
motion of pupils from grade to grade, from school to school, for
graduation from all grades of schools, and for the transfer of pupils
from one school to another. With the consent of the teacher and
of the principal and the school board concerned, the city superin-
tendent of schools shall have power to transfer a teacher from
a school in one borough to a school in another borough, provided
that the teacher possess the qualifications to teach in the borough
to which said teacher is to be transferred, as such qualifications are
prescribed both by the board of education and by the school board
of the borough concerned. All such transfers shall be reported
forthwith to the school boards of the boroughs in which the schools
affected are situated. In case of the consolidation of schools or of
the discontinuance of any school, principals and teachers of good
standing, who thereby may be deprived of employment, shall be
preferred in appointments to be made in any of the schools of the
borough.
ZQ.; recommendations of and requisitions for text books and scholastic
supplies.
SIIII. The borough board of superintendents may recommend
g. the school board text-books, apparatus and other scholastic sup-
pries required in the schools of the borough, which, when approved
558
DUTIES OF BOROUGH SUPERINTENDENT. [SS IIII-1113
or modified by the school board, shall upon its requisition, or upon
the requisition of the borough superintendent, made in conformity
with its by-laws, be supplied by the board of education. Requisi-
tions may be made by principals under regulations to be approved
by the school board, and the same must be approved by the borough
superintendent.
11
Miscellaneous provisions as to powers and duties of borough superin-
tendent, borough board of superintendents, and principals.
§ 1112. Subject to the by-laws of the school board, the borough
superintendent, or other appropriate officer, shall assign to their
duties such special teachers in drawing, music, physical culture,
manual training, sewing, cooking, kindergarten work, or other
special branches, as the school board of the borough may appoint;
and such teachers shall be responsible to the principal of each
school to which they are assigned for the performance of their duties
therein, and shall report to him and also to the borough superin-
tendent as these officers may respectively require, unless otherwise
ordered by the school board.
Id.; qualifications for special branches.
§ 1113. A borough superintendent shall have a seat in the school
board of his borough with the right to speak on all matters before
the board but not to vote. Subject to the approval of the borough
board of superintendents and as the by-laws of such board may
prescribe, the principal of each school shall direct the methods of
teaching in all classes under his charge except that the school board
may adopt by-laws to govern in the case of special classes. The
board of borough superintendents shall have the power, from time
to time, to issue syllabuses of the topics in the various branches
taught, which shall be regarded as the minimum amount of work
required in such branches. The borough superintendent of the bor-
oughs of Queens and of Richmond, respectively, is hereby author-
ized, with the approval of the school board of the respective
boroughs, to designate certain principals as supervising principals
to aid the board of superintendents in their work of supervision.
No person shall be eligible for election as supervisor of a special
branch, as music, drawing, kindergarten, et cetera, who is not:
(a) A graduate of a high school or of an institution of equal of
higher scholastic rank; and (b) a graduate from a course of profes-
sional training of at least one year in the special branch that he is to
supervise or teach; and (c) a teacher of that special branch with at
least three years of successful experience.
SS 1114,1115] INVESTIGATION TY
OF CHARGES AGST. TEACHERS. 559
Charges against principal and teachers and others; proceedings thereon.
$ 1114. A member of a school board, a borough superintendent
or an associate superintendent may prefer charges to the school
board against a principal, a branch principal, a supervisor, a head
of department, or any other officer exercising supervising powers
ira the schools under their charge, or against a teacher in any of the
schools under their charge, for gross misconduct, insubordination,
neglect of duty or general inefficiency. Pending trial, the school
board may suspend said principal or teacher or other officer, with
or without pay, and appoint a substitute in his place. In accord-
ance with by-laws to be passed by the school board, the principal of
any school shall have the like power to suspend a teacher in his
school, and shall forthwith report such suspension to the borough
superintendent, who shall immediately report it to the school board.
Pending action by the school board, the borough superintendent
may appoint a substitute in the place of any teacher so suspended.
The school board, on receiving notice of charges under the pro-
visions of either of the foregoing paragraphs, shall immediately pro-
ceed to try and determine the case, either in the board or by a com-
mittee of its body, and shall fix the fine, penalty or punishment; if
any, that should be imposed for the offense; and such fine, penalty
or punishment shall consist of a fine, in suspension for a fixed time
without pay, or in dismissal. The report of any 'committee holding
such trial shall be subject to final action by the board, which may
reject, confirm or modify the conclusions of the committee, and the
decision of the board shall be final, except as to matters in relation
to which, under the general school laws of the state, an appeal may
be taken to the state superintendent of public instruction. In case
the principal or other officer or teacher is acquitted, he shall be
restored to his position with full pay for the period of suspension.
In all trials authorized by this chapter all testimony taken shall be
under oath, which the president of the board or chairman of the
committee conducting the trial is hereby authorized to administer,
and the supreme court shall have power, upon the application of
Such president or chairman, to compel any witness who may be
summoned, to appear and testify before said board or committee.
See, People, ex rel. Stemson v. Bd.
Education, 60 Hun, 486; S. C., 15
1. Supp. 308; People' ex rel.
SK V. The Same, 69 Hun, 212; s.
C., 23 N. Y. Supp. 473; Jordan v.
The Same, 14 Misc. 119; S. C., 35
N. Y. Supp. 247; 25 Civil Pro. 89; 2
N. Y. Ann. Cas. 244.
Powers of investigation.
:
S1115. The board of education or any school board may investi-
560
1
PRESENT EMPLOYES RETAINED. [S$ 1115-1117
gate, of its own motion or otherwise, either in the board or by
a committee of its own body, any subject of which it has cognizance
or over which it has legal control, including the conduct of any of
its members or employes; and for the purpose of such investigation,
such board or its president, or committee and its chairman, shall
have and may exercise all the powers which a school board has or
may exercise in the case of a trial under section eleven hundred and
fourteen of this act. Any action or determination of a committee
appointed under the provisions of this section shall be subject to
approval or reversel by the board appointing it, which may also
modify the determination of the committee in such way as the board
shall deem proper and just, and the judgment of the board thereon
shall be final.
Borough superintendent; enforcing compulsory education law; nimi-
nating, assigning, suspending and discharging clerks.
§ 1116. The borough superintendent shall enforce the compul-
sory education law, and shall nominate attendance officers to the
school board, and shall direct such officers in their duties. He may
suspend or discharge any such officer for cause, but such officer
shall have the right of appeal to the school board. He shall nomi-
nate to the school board such clerks as may be required in his office
and as may be authorized by the school board, and he shall assign
them to their various duties. He may suspend or discharge them
for cause, but in such case the clerks shall have the right of appeal
to the school board.
Continuation in office of all employes under the public school system of
any part of the territory consolidated.
§ 1117. All superintendents, assistant or associate superintend-
ents, and all principals, teachers and other members of the educa-
tional staff in the public school system of any part of The City of
New York as constituted by this act, shall continue to hold their
respective positions and to be entitled to such compensation as is
now provided or may hereafter be provided by the various school
boards, subject to the limitations of this act, and to reassignment of
to removal for cause, as may be provided by law. On the first day
of February, eighteen hundred and ninety-eight, the city superin-
tendent of schools in the city of New York as constituted prior to
the passage of this act, shall be and become the superintendent o
schools of the boroughs of Manhattan and The Bronx; and the
assistant superintendents of The City of New York as then consti-
tuted, shall be and become associate superintendents of the bor-
S$ 1117–1119] STATE APPROPRIATIONS FOR SCHOOLS.
561
oughs of Manhattan and The Bronx; the superintendent of public
instruction of the city of Brooklyn as constituted prior to the pas-
sage of this act, shall be and become the superintendent of schools
of the borough of Brooklyn; and the associate superintendents of
the city of Brooklyn as then constituted, shall become associate
superintendents of the borough of Brooklyn. The duties of all of
these officers, on and after February first, eighteen hundred and
ninety-eight, shall be entirely defined and limited by the provisions
of this act. All persons transferred by this section to the service
of the consolidated city who hold office for definite terms, shall be
transferred for the remainder of their respective terms only.
School money appropriation by the state to the public schools of the
city.
§ 1118. Whenever the city clerk shall receive notice from the
state superintendent of public instruction of the amount of moneys
apportioned to The City of New York for the support and encour-
agement of common schools therein, he shall immediately lay the
same before the municipal assembly of said city; and the chamber-
lain of the said city shall apply for and receive the school moneys
apportioned to the said city as soon as the same becomes payable,
and place the same in the city treasury.
School board of the borough of Brooklyn to control and administer the
public school teachers' retirement fund created by chapter 656,
Laws of 1895. Composition of fund; retirement and pension of
teachers.
§ 1119. The school board of the borough of Brooklyn is hereby
given the full care and management of the public school teachers'
retirement fund, created by chapter six hundred and fifty-six of the
laws of eighteen hundred and ninety-five. When a teacher is trans-
ferred to another borough having a teachers' retirement fund, his
or her contribution may be paid into the said fund and inure to the
teacher's benefit in that fund under the rules governing the same.
| L. 1895, ch. 656.
36
562
TRUSTEES OF COLLEGE OF CITY OF N. Y. [SS 1127–1129
TITLE 2.
THE COLLEGE OF THE CITY OF NEW YORK.
Sec. 1127. To continue as a separate corporation.
1128. Trustees.
1129. Laws applicable.
1130. Participation in state literature and other funds.
1131. Duty of trustees to report.
1132. Instruction to be furnished gratuitously; degrees and diplo-
mas.
1133. Reports by trustees to be furnished.
To continue as a separate corporation.
$ 1127. The College of the City of New York shall continue to be
a separate and distinct organization and body corporate, and as such.
shall have the powers and privileges of a college, pursuant to the
revised statutes of this state, and be subject to the provisions of the
said statutes relative to colleges, and to the visitation of regents of
the university, in like manner with the other colleges of the state.
| L. 1882, ch. 410, 8 1055.
(a) Although the college is a distinct
organization, the trustees cannot
use its funds for other than legiti-
mate purposes, and when they ex-
ceed their authority by sanctioning
an unlawful claim, the auditor
can, under $ 151, sub. 4, ante, re-
ject it. People éx rel. Burnet v.
Jackson, 85 N. Y. 541 rev’g 23 Hun,
568.
Trustees.
§ 1128. The members of the board of education of The City of
New York, together with the president of the college, shall be ex
officio the trustees of the said college, and shall have and possess
the powers conferred upon, and be subject to the duties required of
the trustees of colleges by the revised statutes. The president of the
college shall be a member of the executive committee of the said
trustees for its care, government and management.
L. 1882, ch. 410, $ 1056.
Laws applicable.
§ 1129. All acts of the legislature, which were in force on March
thirtieth, eighteen hundred and sixty-six, in regard to the free
academy, and to its control, management, support, and affairs, nou
since modified or repealed, and which are not inconsistent with th
provisions of this act, and all laws in force at the time this act takes
effect relative to the College of the City of New York not incon
88 1129–1131] APPROPRIATIONS FOR SUPPORT.
563
sistent with this act are hereby declared to be applicable to the said
college.
L. 1882, ch. 410, $ 1057.
Participation in state literature and other funds.
§ 1130. The College of the City of New York shall be entitled to
participate in the distribution of the income of the literature and
other funds in the same manner and upon the same conditions as
the other colleges of the state, and the regents of the university of
the state of New York shall pay annually to the comptroller of The
City of New York, as trustee for said college, the distributive share
of the said funds to which the said College of the City of New York
shall, by law, be entitled, and which shall be applied and expended
for library books for the said college.
| L. 1882, ch. 410, $ 1058..
Duty of trustees to report.
$ 1131. It shall be the duty of the trustees of said college, annu-
ally on or before the first day of September, to report to the board
of estimate and apportionment such sum, not exceeding one hun-
dired and seventy-five thousand dollars in any one year, as they may
require for the payment of the salaries of the professors and officers
of said college; for obtaining and furnishing scientific apparatus,
books for the students and all other necessary supplies therefor; for
repairing and altering the college buildings; and for the support,
maintenance, and general expenses of said college; and the said
board of estimate and apportionment and the municipal assembly
of The City of New York are hereby authorized and directed in each
and every year to raise and collect by tax on the estate, real and
personal, liable to taxation in said city, such sum of money, not
exceeding the amount aforesaid, as may be reported to them by
said trustees; the amount so to be raised and collected to be in
addition to the sums required for the purposes of common schools
in The City of New York under the act entitled “ An act to amend,
consolidate, and reduce to one act the several acts of the state of
New York relative to the common schools of the city of New York,"
passed July third, eighteen hundred and fifty-one, and the several
acts amendatorythereto. Upon the recommendation of the trus-
tees, the board of estimate and apportionment and the municipal
assembly may increase, from time to time, the amount annually to
be raised in the tax levy for the maintenance of the College of the
City of New York.
| L. 1882, ch. 410, $ 1059; L. 1896, ch. 398.
564
REPORT BY TRUSTEES. [89 1132, 1133
Instruction to be furnished gratuitously; degrees and diplomas.
$ 1132. The board of education, as trustees of said college, shall
continue to furnish, through the College of the City of New York,
the benefit of education, gratuitously, to boys who have been pupils
in the common schools of the city, and to all other male students
who are actual residents of said city, and who are qualified to pass
the required examination for admission to said college. And the
trustees, upon the recommendation of the faculty of the said college,
may grant the usual degrees and diplomas in the arts to such per-
sons as shall have completed a full course of study in the said
college.
L. 1882, ch. 410, $ 1060; L. 1882, ch. 143.
Reports by trustees to be furnished.
§ 1133. The trustees of the College of the City of New York shall
make and transmit, annually, on or before the first day of February
in each year, to the municipal assembly, and also to the secretary
of the board of regents of the university of the state of New York,
a report, dated on the thirty-first day of December next preceding,
which report shall state the names and ages of all the pupils
instructed in such college during the preceding year, and the time
that each was so instructed, specifying which of them have com-
pleted a full course of study therein, and which have received
degrees, medals, and other special testimonials, a particular state-
ment of the studies pursued by each pupil since the last preceding
report, together with the books such student shall have studied, in
whole or in part, and if in part, what portion; an account or estimate
of the library, philosophical and chemical apparatus, and mathe-
matical or other scientific instruments belonging to such college;
the names of the instructors employed in said college, and the com-
pensation paid to each; what amount of moneys the board of
education received during the year for the purposes of such college,
and from what sources, specifying how much from each, and the
particular manner, and the specific purposes for which such moneys
have been expended; and such other information in relation to
education in the said college, and the measures of the board of
trustees in the management thereof, as the municipal assembly, of
the regents of the university of the state of New York may, from
time to time, require.
L. 1882, ch. 410, $ 1061.
SS 1139-1141]
565
THE NORMAL COLLEGE.
:
TITLE 3.
THE NORMAL COLLEGE.
Sec. 1139. The Normal College of The City of New York, a corporation
and college.
1140. Id.; trustees, powers and duties of trustees.
1141. Id.; Laws applicable to; participation in state literature and
other funds.
1142. Id.; Trustees to report annually the amount required to pay
salaries, etc.; such amount to be raised by taxation; munici-
pal assembly may increase amount named herein.
1143. Id.; instruction to be furnished gratuitously; degrees and
diplomas.
1144. Id.; annual report of trustees.
1145. Id.; money appropriated for, to be expended when required by
trustees; contracts by trustees.
The Normal College of The City of New York, a corporation and col-
lege.
$ 1139. The Normal College of the City of New York is hereby
declared to be a separate and distinct organization and body corpo-
rate, and as such shall have the power and privileges of a college
pursuant to the revised statutes of this state, and be subject to the
provisions of the said statutes relative to colleges, and to the visita-
tion of the regents of the university, in like manner with the other
colleges of the state.
- L. 1888, ch. 580, $ 1.
Id., trustees, powers and duties of trustees.
§ 1140. The members of the board of education of The City of
New York, together with the president of the Normal College
shall be ex officio the trustees of said college, and shall have and
possess the powers conferred upon and be subject to the duties
required of the trustees of colleges by the revised statutes. The
president of the college shall be a member of the executive com-
mittee of the said trustees for its care, government and management.
| L. 1888, cha 580, $ 2.
Ido; laws applicable to; participation in state literature and other
funds.
§ 1141. All acts of the legislature now in force with regard to the
said Normal College, its control, management, support and affairs,
Hot inconsistent with the provisions of this act, are hereby declared
to be applicable to said college. The Normal College of the City of
566
APPROPRIATION FOR SUPPORT. [88 1141, 1143
New York shall be entitled to participate in the distribution of the
income of the literature, and other funds of the state in the same
manner, and upon the same conditions as the other colleges of the
state, and the regents of the university of the state of New York
shall pay annually to the comptroller of The City of New York, as
trustee for said college, the distributive share of the said funds to
which the said Normal College of the City of New York shall by law
be entitled, and which shall be applied and expended for library
books for said college.
L. 1888, ch. 580, $& 3 and 4. "
Id.; trustees to report annually the amount required to pay salaries,
etc.; such amount to be raised by taxation; municipal assembly
may increase amount named herein.
§ 1142. It shall be the duty of the trustees of said college annu-
ally on or before the fifteenth day of October to report to the board
of estimate and apportioriment such sum not exceeding one hun-
dred and fifty thousand dollars in any one year, as they may require
for the payment of the salaries of the professors and officers of the
said college, for obtaining and furnishing scientific apparatus,
books for the students and all other necessary supplies therefor, for
repairing and altering the college buildings, and for the support,
maintenance and general expenses of said college; and the said
board of estimate and apportionment, and the municipal assembly
of The City of New York are hereby authorized and directed, in
each and every year to raise and collect by tax on the estate,
real and personal, liable to taxation in said city, such sum of money,
not exceeding the amount aforesaid, as may be reported to them by
said trustees, the amount so to be raised and collected to be in
addition to the suns required for the purposes of common schools
in The City of New York, under the act entitled “An act to amend,
consolidate and reduce to one act the several acts of the state of
New York, relative to common schools of The City of New York,"
passed July third, eighteen hundred and fifty-one, and the several
acts amendatory thereto. Upon the recommendation of the trus-·
tees, the board of estimate and apportionment and the municipal
assembly may increase from time to time the amount annually to be
raised in the tax levy for the maintenance of the Normal College.
L. 1888, ch. 580, $ 5.
Id.; instruction to be furnished gratuitously; degrees and diplomas.
§ 1143. The said board of education as trustees of said college,
shall continue to furnish through the Normal College of the City of
S$ 1143, 1144].
- 567
REPORT OF TRUSTEES.
New York, the benefit of education gratuitously to girls who have
been pupils in the common schools of The City of New York as
constituted by this act, for a period of time to be regulated by the
board of trustees of said college, and to all other girls who are
actual residents of said city, and who are qualified to pass the
required examination for admission to said college; and the board
of trustees, upon the recommendation of the faculty of the said col-
lege, may grant the usual degrees and diplomas in the arts to such
persons as shall have completed a full course of study in the said
college. The said board of trustees shall give normal instruction
in manual training for the purpose of preparing teachers of manual
training for the common schools.
L. 1888, ch. 580, 8 6.
Id.; annual report of trustees.
1144. The trustees of the Normal College of The City of New
York shall make and transmit annually, on or before the first day
of February in each year, to the municipal assembly and also to the
secretary of the board of regents of the university of the state of
New York, a report, dated on the last secular day of December next
preceding, which report shall state the names and ages of all the
pupils instructed in said college during the preceding year, and the
time that each was so instructed, specifying which of them have
completed a full course of study therein, and which have received
degrees, medals and other special testimonials; a particular state-
ment of the studies pursued by each pupil since the last preceding
report, together with the books such student shall have studied,
in whole or in part, and if in part, what portions; an account or
estimate of the library, philosophical and chemical apparatus and
mathematical or other scientific instruments belonging to said col-
lege; the names of the instructors employed in said college and the
compensation paid to each; what amount of moneys the board of
trustees received during the year for the purposes of said college,
and from what source, specifying how much from each, and the par-
ticular manner and the specific purposes for which such moneys
have been expended, and such other information in relation to edu-
cation in the said college, and the measures of the board of trustees
in the management thereof, as the board of education or the regents
of the university of the state of New York may from time to time
require.
L. 1888, ch. 580, 8 7. .
568
SECTARIAN SCHOOLS. [SS 1145-1151
Id.; money appropriated for, to be expended when required by trus-
: tees; contracts by trustees.
§ 1145. The moneys apportioned to the board of education of
said City of New York by the board of estimate and apportionment
and municipal assembly for the payment of the salaries of the pro-
fessors and officers of said college, for obtaining and furnishing
scientific apparatus, books for the students and all other necessary
supplies therefor, for repairing and altering the college buildings,
and for the support, maintenance and general expenses of said col-
lege, shall be expended for said Normal College when required by
the trustees of the Normal College of The City of New York, with
the same right, power and authority as if the said college were
under the control of the board' of education of The City of New
York. All contracts entered into, or liabilities incurred by said
trustees involving the expenditure of more than one thousand dol-
lars, except agreements for the payment of salaries, shall be entered
into and incurred in the same manner and subject to the restrictions
and limitations provided as to other expenditures of public moneys.
as provided for in this act.
| L. 1888, ch. 580, 8 8.
TITLE 4.
GENERAL PROVISIONS.
Sec. 1151. Religious sects and dogmatic books excluded; Bible retained.
1152. Certain private schools authorized to participate in common-
school fund.
1153. Id.; to report as to moneys and attendance.
1154. Certain additional private schools authorized to participate
in school funds.
1155. Id.; accidental omission to report.
1156. Id.; trustees of such schools may convey to corporation and
become merged.
1157. Nautical school to be established.
1158. Nautical school; management of.
1159. Id.; Chamber of Commerce to appoint committee to serve as
council.
1160. Id.; expenses.
1161. New York Institution for the Blind.
Religious sects and dogmatic books excluded; Bible retained.
$ 1151. No school shall be entitled to or receive any portion of
the school moneys in which the religious doctrines or tenets of any
particular Christian or other religious sect shall be taught, incul-
cated or practised, or in which any book or books, containing
compositions favorable or prejudicial to the particular doctrines of
$$ 1151-1153] COMMON SCHOOL FUND—PRIVATE SCHOOLS. 569
tenets of any particular Christian or other religious sect shall be
used or which shall teach the doctrines or tenets of any other relig-
ious sect, or which shall refuse to permit the visits and examinations
provided for in this chapter. But nothing herein contained shall
authorize the board of education or the school board of any bor-
ough to exclude the holy scriptures, without note or comment, or
any selections therefrom, from any of the schools provided for by
this chapter; but it shall not be competent for the said board of
education to decide what version, if any, of the holy scriptures,
without note or comment, shall be used in any of the schools; pro-
vided that nothing herein contained shall be so construed as to
violate the rights of conscience, as secured by the constitution of
this state and of the United States.
L. 1882, ch. 410, $ 1062.
Certain private schools authorized to participate in common-school
fund.
§ 1152. The school established and maintained by the Five
Points House of Industry, in The City of New York, the school
established and maintained by the Ladies' Home Missionary
Society of the Methodist Episcopal Church, at the institution in
Park street, near the place usually called the Five Points, in said
city, and the industrial schools established and maintained under
the charge of the Children's Aid Society, in The City of New York,
shall participate through the school board of the boroughs of Man-
hattan and The Bronx, in the distribution of the common school
find in the same manner and degree as the common schools in
The City of New York, and shall be subject to the same regulations
and restrictions as are now by law imposed on the common schools
of New York.
L. 1882, ch. 410, $ 1063.
Id.; to report as to moneys and attendance.
$ 1153. The board of education shall require from the officers
conducting schools by appointment of the board, and from the
trlistees, managers or directors of the corporate schools entitled
To participate in the apportionment of school moneys, a report in
and respects similar to that formerly required in The City of New
Cork as constituted prior to the passage of this act from the trus-
Lees of each ward. And in making the apportionment among the
everal schools, no share shall be allotted by any school board to
asy school or society from which no sufficient annual report shall
570
U
PRIVATE SCHOOLS.
[SS 1153-1155
have been received, for the year ending on the last day of June
immediately preceding the apportionment.
L. 1882, ch. 410, 8 1064.
D
Certain additional private schools authorized to participate in school
funds.
§ 1154. The New York Orphan Asylum School, the Roman
Catholic Orphan Asylum School, the schools of the two half orphan
asyluns, the school of the Society for the Reformation of Juvenile
Delinquents in The City of New York, the school for the Leake
and Watt's Orphans' House, the school connected with the alms-
house of said city, the school of the Association for the. Benefit
of Colored Orphans, the schools of the American Female Guardian
Society, the school established and maintained by the New York
Juvenile Asylum, by the New York Infant Asylum, by the Nursery
and Child's Hospital, including the country branch thereof; the
orphan asylums and industrial schools as existing in the city of
Brooklyn at the time of the passage of this act, and the several
schools and branches thereof, the schools organized under the act
entitled “An act to extend to the city and county of New York
the provisions of the general act in relation to the common schools,
passed April eleventh, eighteen hundred and forty-two," or an act
to amend the same, passed April eighteenth, eighteen hundred and
forty-three, or an act entitled "An act more effectually to provide
for common school education in the city and county of New York,
passed May seventh, eighteen hundred and forty-four," or any of
the acts amending the same, and such schools as may be organized
under the provisions of this chapter shall be subject to the general
supervision of the board of education, and shall be entitled, through
the proper school boards to participate in the apportionment of
the school moneys, as provided for in this chapter, but they shall
be under the immediate direction of their respective trustees, man-
agers and directors, as herein provided.
| L. 1882, ch. 410, $ 1066.
Id.; accidental omission to report.
§ 1155. Whenever an apportionment of the public money shall
not be inade to any school, in consequence of any accidental omis-
sion to make any report required by law, or to comply with any
other regulation or provision of law, the board of education may, 1
its discretion, direct an apportionment to be made to such school,
according to the equitable circumstances of the case, to be paid out
88 1155-1158] NAUTICAL SCHOOL.
:
571
of the public money on hand, or if the same shall have been distrib-
uted out of the public money to be received in a succeeding year.
L, 1882, ch. 410, 5 1065.
Id.; trustees of such schools may convey to corporation and become
merged.
$ 1156. The trustees, managers and directors of any of the cor-
porate schools entitled to participate in the apportionment of the
school moneys may, at any time, convey their schoolhouses and
sites to the corporation of The City of New York, and transfer any
of their schools to the board of education, on the terms and in the
manner to be agreed upon and prescribed by the board of education,
so as either to merge the said schools in the public schools or adopt
them as public schools; and the same shall then be public schools,
subject to all the rules, duties and liabilities, and enjoy the same
rights as if they had been originally established as public schools.
| L. 1882, chi 410, $ 1067.
· Nautical school to be established.
$ 1157. The board of education is authorized and directed to pro-
vide and maintain a nautical school in said city, for the education
and training of pupils in the science and practice of navigation; to
furnish accommodations for said school, and make all needful rules
and regulations therefor, and for the number and compensation of
instructors and others, employed therein; to prescribe the govern-
ment and discipline thereof, and the terms and conditions upon
which pupils shall be received and instructed therein, and dis-.
charged therefrom, and provide in all things for the good manage-
ment of said nautical school. And said board shall have power to:
purchase the books, apparatus, stationery, and other things neces-
sary or expedient to enable said school to be properly and success-
Tully conducted, and may cause the said school or the pupils, or part
of the pupils, thereof to go on board vessels in the harbor of New
York, and take cruises in or from said harbor for the purpose of
obtaining a practical knowledge in navigation and of the duties of
mariners. And the said board are hereby authorized to apply to the
cnited States government for the requisite use of vessels and
supplies for the purpose above mentioned.
| L. 1882, ch. 410, $ 1068.
Nautical school; management of.
$ 1158. The said board of education shall appoint annually at
cast three of their number who shall, subject to the control, super-
572
NAUTICAL School... [SS 1158–1161
vision and approbation of the board, constitute an executive commit-
tee, for the care, government, and management of such nautical
school, under rules and regulations so prescribed, and whose duty
it shall be, among other things, to recommend the rules and regula-
tions which they deem necessary and proper for such school.
L. 1882, ch. 410, 8 1070.
Id.; Chamber of Commerce to appoint committee to serve as council.
$ 1159. The chamber of commerce of New York is authorized to
provide for and appoint a committee of its members to serve as
council of the nautical school, whose duty it shall be as far as may
be, to advise and co-operate with the board of education in the
establishment and management of such school, and from time to
time to visit and examine the same, and to communicate in respect
thereof, with the board of education, or such executive committee
thereof, and to make reports to the chamber of commerce which
may transmit to the state superintendent of public instruction such
reports, or any thereof, or an abstract of the same, with such recom-
mendations as may be deemed advisable.
| L. 1882, ch. 410, 8 1072.
Id.; expenses.
. § 1160. After the establishment and organization of the said
school, the expenses thereof, and of carrying out the provisions of
this chapter, shall be defrayed from the moneys raised by law for
the support of common schools in The City of New York.
L. 1882, ch. 410, $ 1071.
New York Institution for the Blind.
§ 1161. The board of education is hereby authorized and required
to distribute to the managers of the New York Institution for the
Blind a ratable proportion of the said school fund to every blind
pupil in said institution, without regard to age.
L. 1882, ch. 410, 8 1069.
CHAPTER XIX.
DEPARTMENT OF HEALTH.
TITLE I. POWERS AND DUTIES OF THE DEPARTMENT, ITS OFFICERS
AND ADMINISTRATION.
2. MARRIAGES, BIRTHS AND DEATHS.
3. DUTIES OF PHYSICIANS AND OTHERS.
4. LEGAL PROCEEDINGS AND PUNISHMENT FOR DISOBEDIENCE
OF ORDERS AND ORDINANCES.
5. REIMBURSEMENT OF EXPENSES.
6. ABATEMENT BY SUIT.
7. TENEMENT AND LODGING HOUSES.
8. PENSION FUND.
TITLE I.
ORGANIZATION, ADMINISTRATION, AUTHORITY, DUTIES AND POWERS
OF DEPARTMENT.
Sec. 1167. The board of health the head of the department of health.
1168. Authority, duty and powers of the board of health.
1169. Duty of board as to enforcement of laws; information.
1170. Hospitals.
1171. Repairs of building.
1172. Sanitary Code.
1173. Judicial notice of seal and presumptions.
1174. Seal.
1175. Publication of reports and statistics.
1176. Proceedings relative to dangerous buildings, vessels, places
and things.
1177. Extraordinary expenditures.
1178. Declaration of imminent peril.
1179. Bureaus.
1180. Offices and expenses.
1181. Borough offices to be maintained.
1182. Delegation of powers.
1183. Duty of sanitary superintendent.
1184. Reports of, and inspection.
1185. Sanitary inspectors.
1186. Sanitary engineering service.
1187. Badges.
1188. Examinations and surveys.
574
[S 1167
BOARD OF HEALTH.
Sec. 1189. Proofs and affidavits.
1190. Registrar of records.
1191. Id.; and payment for night medical service.
1192. Suits and service of papers. .
1193. Attorney.
1194. Salaries.
1195. Id.; and no fees.
1196. No personal liability.
1197. Orders of the board.
1198. Execution may be compelled.
1199. Right of inspection.
1200. Complaint book.
1201. Duties of owners, lessees and occupants.
1202. Police department assistance.
1203. Coroner's returns.
1204. Removal of dead bodies.
1205. Removal of night soil and offal
1206. Id.; contracts for.
1207. As to rags, hides and skins.
1208. Unsound cotton.
1209. Unsound articles, or deposited contrary to orders.
1210. Putrid cargoes may be destroyed.
1211. Penalties for disobedience.
1212. Offensive trades.
1213. Filling in lands.
1214. Yards and cellars.
1215 Drainage and maps.
1216. Acquisition of rights in lands.
1217. Id.; proceedings therein.
1218. Id.; confirmation of report of commissioners, construction and
taxation.
1219. Measures to prevent the spread of disease:
1220. Id.; proclamation.
1221. Vessels removed.
1222. Violation of orders, punishment for.
1223. Separate receptacle for ashes and garbage.
1224. Service of orders.
1225. Vaccination.
1226. Sale of lymph and antitoxine.
1227. Driving and slaughtering cattle, sheep, swine, pigs or calves
regulated.
1228. Extension of proclamation period.
1229. Definitions.
The board of health the head of the department of health.
$ 1167. The head of the department of health shall be called the
board of health. Said board shall consist of the president of the
board of police, the health officer of the port, and three officers
called commissioners of health, who shall be appointed by the
S$ 1167,1168] DUTIES AND POWERS OF BOARD OF HEALTH, 575
mayor, and shall hold their respective offices, as provided in chapter
four of this act, as designated by the mayor.
- L. 1882, ch. 410, $ 41.
Authority, duty and powers of the board of health.
§ 1168. The authority, duty and powers of the department of
health shall extend over The City of New York, and the waters adja-
cent thereto, within the jurisdiction of said city, and over the waters
of the bay within the quarantine limits as established by law, but
shall not be held to interfere with the powers and duties of the com-
missioners of quarantine or the health officer of the port. It shall
be the duty of the department of health to make an annual report to
the mayor of The City of New York, of all the operations of the.
department for the previous year. The mayor may at any time call
for a fuller report, or for a report upon any portion of the work of
said department, whenever he may deem it to be for the public
good so to do. All the authority, duty and powers heretofore con-
ferred or enjoined upon the health departments, boards of health,
health and sanitary officers in any of the municipal and public cor-
porations or parts thereof, in any of the territory now within or here-
after to become a part of The City of New York, as constituted by
this act, and within the jurisdiction of said city, by chapter seventy-
four of the laws of eighteen hundred and sixty-six, and the several
acts amendatory thereof, and by any other subsequent laws of this
state, and upon the several officers and members of said boards, by
the laws constituting and appointing all such departments, boards of
health, and sanitary officers and members of said boards, by the
laws constituting and appointing all such departments, boards of
health, and sanitary officers, and giving and granting to them, or
any of them, duties and powers not inconsistent with the provisions
ct this act, are hereby conferred upon and vested in and enjoined
upon, and shall hereafter be exclusively exercised in The City of
New York by the department of health, and board of health, created
by this act, and by the officers of said board of health, and the said
department of health, and the same are to be exercised in the
Wanner specified in said chapter seventy-four of the laws of eighteen
ndred and sixty-six, and the several acts amendatory thereof, and
yany other subsequent laws of the state relative to health and sani-
ay matters, and the prevention of pestilence and disease in said city
" York, or in any part thereof, and in conformity with the
provisions of this act.
. - 100%, ch. 410, $ 533; L. 1887, ch. 84: L. 1895, ch. 567.
576 POWERS AND DUTIES OF BOARD OF HEALTH. [$ 1169.
Duty of board as to enforcement of laws; information.
§ 1169. It shall be the duty of said board of health to aid the
enforcement of, and so far as practicable, to enforce all laws of this
state, applicable in said district, to the preservation of human life,
or to the care, promotion, or protection of health; and said board
may exercise the authority given by said laws to enable it to dis-
charge the duty hereby imposed; and this section is intended to
include all laws relative to cleanliness, and to the use or sale of pois-
onous, unwholesome, deleterious, or adulterated drugs, medicine or
food, and the necessary sanitary supervision of the purity and whole-
someness of the water supply and the sources thereof for The City
of New York. And said board is authorized to require reports and
information at such times and of such facts, and generally of such
nature and extent, relative to the safety of life and promotion of
health as its by-laws or rules may provide, from all public dispen-
saries, hospitals, asylums, infirmaries, prisons and schools, and from
the managers, principals and officers thereof; and from all other
public institutions, their officers and managers, and from the pro-
prietors, managers, lessees, and occupants of all theatres and other
places of public resort or amusement in said district; but such
reports and information shall only be required concerning matters,
or particulars, in respect of which, it may, in its opinion, need
information, for the better discharge of its duties in said city of New
York and every part thereof. It is hereby made the duty of the
officers, institutions, and persons so called on, or referred to, to
promptly give such information and make such reports verbally or
in writing as may be required by said board. The board of health
shall use all reasonable means for ascertaining the existence and
cause of disease or peril to life or health, and for averting the same,
throughout said city, and shall promptly cause all proper informa-
tion in possession of said board to be sent to the local health
authorities of any city, village, or town in this state which may
request the same, and shall add thereto such useful suggestions as
the experience of said board may supply. It shall be the duty of
said board, so far as it may be able, without serious expense, to
gather and preserve siich information and facts relating to death,
disease and health, from other parts of this state, but especially il
said city, as may be useful in the discharge of its duties, and con
tribute to the promotion of health, or the security of life in the stále
of New York. It shall be the duty of said board to give all into
mation that may be reasonably requested concerning any threater
danger to the public health, to the health officer of the port of
$$ 1169, 1170] HOSPITALS FOR INFECTIOUS DISEASES.
577
York, and to the commissioners of quarantine of said port; who
shall give the like information to said board; and said board, and
said officers and quarantine commissioners shall, so far as legal and
practicable, co-operate together to prevent the spread of disease,
and for the protection of life and the promotion of health, within the
sphere of their respective duties. Said board may grant bills of
health to masters of vessels certifying to the condition of the city in
respect of health.
L. 1882, ch. 410, SS 570, 573.
Hospitals.
§ 1170. Said board may remove or cause to be removed to proper
place, to be by it designated, any person sick with any contagious,
pestilential, or infectious disease; shall have exclusive charge and
control of the hospitals for the treatment of such cases; and shall
have power to provide and pay for the use of proper places to which
to remove such persons as well as to designate such places. The
board of health is authorized and empowered to erect, establish,
maintain, and furnish, upon North Brothers island and in such other
places within The City of New York'as are now used for such pur-
poses, buildings and hospitals for the care and treatment of persons
sick with contagious diseases, and shall have the exclusive charge
and control of the said buildings and hospitals. It shall have power
to take possession of, and occupy for temporary hospitals, any build-
ing or buildings in the said city, during the prevalence of an epi-
demic, if in the judgment of the board the same may be required,
and shall pay for private property so taken a just compensation for
the same. Said board may cause proper care and attendance to be
given to persons sick or removed, when it shall be made to appear
to the said board that any such person is so poor as to be unable to
procure for himself such care and attendance, or that the public
neaith requires special medical care and attendance. The board of
health may send to such place as it may direct, all aliens and other
persons in the city, not residents thereof, who shall be sick of any
infectious, pestilential, or contagious disease. The expense of the
support of such aliens or other persons shall be defrayed by the cor-
poration of The City of New York, unless such aliens or other per-
sons shall be entitled to support from the commissioners of emigra-
The No person shall remove any person sick with infectious, con-
agrous or pestilential disease from any vessel or other place in said
city without a written permit from the board of health.
| L. 1882, ch. 410, S8 549-552.
. See Brown v. Purdy, 6 N. Y. State Rep. 143.
37
· 578
SANITARY CODE.
[SS 1171, 1172
Repairs of building.
§ 1171. The powers of the board of health shall be construed
to include the ordering and enforcing in the same manner as other
orders are provided to be enforced, the repairs of buildings, houses,
and other structures; the regulation and control of all public mar-
kets (so far as relates to the cleanliness, ventilation and drainage
thereof, and to the prevention of the sale, or offering for sale, of
improper articles therein); the removal of any obstruction, matter
or thing in or upon the public streets, sidewalks or places which
shall be in its opinion liable to lead to results dangerous to life or
health; the prevention of accidents by which life or health may be
endangered; and generally the abating of all nuisances. It is hereby
expressly declared that the said board of health shall have and pos-
sess full and complete power with reference to the ventilation,
drainage and cleanliness of the stands or stalls in or around all
markets, and said board shall have in said city all common-law
rights to abate any nuisance without suit, which can or does in this
state belong to any person whatever.
L. 1882, ch. 410, S 538. See Loewenstein v. Myers, 20 N. Y. Supp. 761.
Sanitary Code..
§ 1172. The sanitary code adopted and declared as such at the
meeting of the board of health of the health department of The City
of New York, held in the city as formerly constituted and bounded
on the second day of June, eighteen hundred and seventy-three, as
amended in accordance with law, is hereby declared to be binding
and in force in the city constituted by this act, and shall continue to
be so binding and in force, except as the same may, from time to
time, be revised, altered, amended or annulled by the board of
health as herein provided. And it shall be the duty of said board,
immediately upon organization under this act, to cause to be con-
formed to this title the sanitary code of ordinances, adopted by the
existing department of health, and the departments and boards of
health existing in the several parts of The City of New York before
the passage of this act, which shall be called the “sanitary code."
Said board of health is hereby authorized and empowered from time
to time, to add to or to alter, amend or annul any part of the said
sanitary code, and may therein publish additional provisions for the
security of life and health in The City of New York, and distribute
appropriate powers and duties to the members and employes of the
department of health, not inconsistent with the constitution or laws
of this state. The board of health may embrace therein all matters
and subjects to which, and so far as, the power and authority.O.
$$ 1172, 1173] - SANITARY CODE.
579
said department of health extends, not limiting their application to
the subject of health only. But no such revision, alteration or
amendment shall take effect or be binding or in force, until the
same has been published once a week for two successive weeks in
the City Record. The publication of additional provisions in, and
of, additional ordinances of the sanitary code once a week for two
successive weeks in the City Record shall be sufficient, and render
any further publication of the same in any other newspaper unneces-
sary. Any violation of said code or its amendments shall be treated
and punished as a misdemeanor, and the offender shall also be liable
to pay a penalty of fifty dollars, to be recovered in a civil action in
the name of the department of health of The City of New York,
before any justice or tribunal in said city, having jurisdiction of
civil actions; and all such justices and tribunals shall take jurisdic-
tion of such action. Copies of the record of the proceedings of
said board, of its rules, regulations, ordinances, by-laws and books
and papers constituting part of its archives, and the sanitary code,
now or hereafter in force in said city, and the ordinances of the
sanitary code added thereto and adopted by said board of health,
when authenticated by its secretary, or secretary pro tempore, shall
be presumptive evidence, and the authentication taken as presump-
tively correct in any court of justice, or judicial proceeding, when
they may be relevant to the point or matter in controversy, of the
facts, statements, and recitals, therein contained.
L. 1882, ch. 410, 4 575.
(a) The legislature, in the exer-
cise of its constitutional authority,
may confer upon boards of health
the power to enact sanitary ordi-
nances having the force of law
within the districts over which
their jurisdiction extends. Polin-
sky v. People, 93 N. Y. 65; affi'g 11
Hun, 390; * Metropolitan Board of
Sealth v. Heistor, 37 N. Y. 661; Peo-
ele ex rel. Cox v. Special Sessions, 9
Hun, 214.
(6) Ordinances designed to pre-
vent the sale of adulterated milk
ade within the scope of sanitary
regulations. Polinsky v. People,
Ibid.
(c) This section not prescribing
the punishment for violation of the
Sanitary Code as a misdemeanor,
resort should be had to the law fix-
ing the punishment for any misde-
meanor when the punishment is
not specifically described in the
statute (Penal Code, ſ 15). Polin-
sky v. People, Ibid.
(d) There is no penalty prescribed
by law for an omission by an
owner of premises to comply with
a special order of the health de-
partment relating thereto. Health
Department
Department v. Knoll, 70 N. Y. 530;
s. C., 4 Abb. N. C. 97; Health De-
partment v. Pinckney, y Daly, 260.
See Underwood v. Green, 3 Robt. 86.
Judicial notice of seal and presumptions.
8 1173. The actions, proceedings, authority, and orders of said
ard of health shall at all times be regarded as in their nature
udicial, and be treated as prima facie just and legal. All meetings
580
REPORTS AND STATISTICS OF BOARD. [$$ 1173–1176.
of said board shall in every suit and proceeding be taken to have
been duly called and regularly held, and all orders and proceedings
to have been duly authorized, unless the contrary be proved. All
courts shall take judicial notice of the seal of said board and of
the signature of its secretary and chief clerk.
| L. 1882, ch. 410, $ 620.
Seal.
§ 1174. The board of health may design and adopt a seal, and
use the same in the authentication of its orders and proceedings,
commissioning its officers and agents, and otherwise, as the rules
of the board may provide. Said board may enact such by-laws,
rules and regulations as it may deem advisable, in harmony with
the provisions and purposes of this chapter, and not inconsistent
with the constitution or laws of this state, for the regulation of
the action of said board, its officers and agents, in the discharge
of its and their duties, and from time to time may alter, annul
or amend the same.
L. 1882, ch. 410, $ 584.
Publication of reports and statistics.
§ 1175. The board of health may establish as it shall deem wise,
and to promote the public good and public service, reasonable
regulations as to the publicity of any of the papers, files, reports,
records and proceedings of the department of health; and may
publish such information as may, in its opinion, be useful, con-
cerning births, deaths, marriages, sickness, and the general sani-
tary conditions of said city, or any matter, place or thing therein.
Said department shall prepare and keep the statistics of tenements
and lodging-houses, and make semi-annual reports upon the same,
and transmit such statistics to the state board of health.
L. 1882, ch. 410, 8 585; L. 1887, ch. 84.
Proceedings relative to dangerous buildings, vessels, places and things.
§ 1176. Whenever any building, erection, excavation, premises,
business pursuit, matter or thing, or the sewerage, drainage or ven.
tilation thereof, in said city, shall, in the opinion of said board,
whether as a whole or in any particular, be in a condition or in effect
dangerous to life or health, said board may take and fi
among its records what it shall regard as sufficient pro
to authorize its declaration that the same, to the exte
$ 1176] BUILDINGS, ETC., DANGEROUS TO HEALTH.
581
it may specify, is a public nuisance, or dangerous to
life or health; and said board may thereupon enter in
its records the same as a nuisance, and order the same to be
removed, abated, suspended, altered, or othewise improved or puri-
fied, as said order shall specify; and if any party served with such
order (or intended to be according to this chapter), shall, before its
execution is commenced, or within three days after such service or
attempted service, apply to said board, or the president thereof, to
have said order or its execution stayed or modified, it shall then be
the duty of said board to temporarily suspend or modify
said order or the execution thereof, save in cases of imminent dan-
ger from impending pestilence, when said board may exercise
extraordinary powers, as herein elsewhere specified, and to give
such party or parties together, as the case in the opinion of the
board may require, a reasonable and fair opportunity to be heard
before said board and to present facts and proofs, according to the
rules or directions of said board, against said declaration and the
execution of said order, or in favor of its modification, according to
the regulations of the board; and the board shall enter in its min-
utes such facts and proofs as it may receive and its proceedings on
such hearing; and any other proof it may take; and thereafter
may rescind, modify or reaffirm its said declaration and order, and
require execution of said original, or of a new or modified order
to be made in such form and effect as it may finally determine.
Said board may order or cause any excavation, erection, vehicle
vessel, water-craft, room, building, place, sewer, pipe, passage,
premises, ground, matter or thing in said city or adjacent waters,
regarded by said board as in a condition dangerous or detrimental
to life or health, to be purified, cleaned, disinfected, altered or
improved; and may also order any substance, matter or thing being
of left in any street, alley, water, excavation, building, erection,
place or grounds (whether such place, where the same may be, is
public or private), and which said board may regard as dangerous
or detrimental to life or health, to be speedily removed to some
proper place; and may designate or provide a place to which the
same shall be removed, when no such adequate or proper place, in
the judgment of said board, is already provided. If said order is
not complied with, or as far complied with as said board of health
may regard as reasonable, within five days after such service or
attempted service, or within any shorter time, which, in case of pes-
mence, the board of health may have designated, or is not thereafter
582
BUILDINGS, ETC., DANGEROUS TO HEALTH. [$ 1176
speedily and fully executed, then any such order may be executed
as herein elsewhere provided in regard to any of the orders of said
board. And if personal service of any aforesaid order cannot be
made under this section by reason of absence from said district, or
inability to find one or more of the owners, occupants, lessees or
tenants of the subject-matter to which said order relates, or one or
more of the persons whose duty it was to have done what is therein
required to be done, as the case may render just and proper in the
opinion of said board; to be shown by the official certificates of the
officer having such order to serve, then service may be made
through the mail, or by a copy left at the residence or place of busi-
ness of the person sought to be served, with a person of suitable age
and discretion, and the expenses attending the execution of any and
all such orders respectively shall be a several and joint personal
charge against each of the owners or part owners, and each of the
lessees and occupants of the building, business, place, property,
matter or thing to which said order relates, and in respect of which
said expenses were incurred; and also against every person or body
who was by law or contract bound to do that in relation to such
business, place, street, property, matter or thing, which said order
requires and said expenses shall also be alien on all rent, compen-
sation due or to grow due, for the use of any place, room, building,
premises, matter or thing to which said order relates, and in respect
of which said expenses were incurred; and also, a lien on all com-
pensation due or to grow due for the cleaning of any street, place,
ground or thing, or for the cleansing or removal of any matter,
thing or place, the failure to do which by the party bound so to do,
or the doing of the same in whole or in part by order of said board,
was the cause or occasion of any such order or expense. Said
board of health, its assignee or the party who has, under its order
or that of the police board, acting thereunder, incurred said expense,
or has rendered service for which payment is due, and as the rules
of said board of health may provide, may institute and maintain a
suit against any one herein declared liable for expenses as aforesaid,
or against any person, firm or corporation owing, or who may owe, "
such rent or compensation, and may recover the expenses so
incurred under any order aforesaid. And only one or more of such
parties liable or interested may be made parties to such action as
the board may elect; but the parties made responsible as aforesaid
for such expenses shall be liable to contribute, or to make payment
as between themselves, in respect of such expenses and of any sun
recovered for such expenses or compensation, or by any party paio
S$ 1176-1179] IMPENDING PESTILENCE.
583
on account thereof, according to the legal or equitable obligation
existing between them.
L. 1882, ch. 410, 88 535, 578, 630, 631.
(a) The order of the board of (6) The board of health cannot
health in declaring a business to be interfere with a stand on a street
a nuisance, held to be a legislative , attached to a public market as an
act and not subject to review on obstruction upon a public street or
certiorari. People ex rel. Savage a nuisance; but only have power
V. Board of Health, 33 Barb. 344; over such obstructions as are dan-
S. C., 12 Abb. Pr. 88; 20 How. Pr. gerous to life or health. The
458.
Mayor V. Metropolitan Board of
Health, 31 How. Pr. 385.
Extraordinary expenditures.
§ 1177. The department of health may use, in compensation of
special inspectors, physicians and nurses, and for supplies and con-
tingencies, such sum, not exceeding in the aggregate eighty thou-
sand dollars, in excess of the annual appropriation, as may be at any
time appropriated by the board of estimate and apportionment for
the prevention of danger from contagious or infectious diseases
found to exist in said city, or for the care of persons exposed to
danger from contagious or infectious diseases.
L. 1882, ch. 410, 8 580.
Declaration of imminent peril.
§ 1178. In the presence of great ana imminent peril to the public
health by reason of impending pestilence, it shall be the duty of the
board of health, having first taken and filed among its records what
it shall regard as sufficient proof to authorize its declaration of such
peril, and having duly entered the same in its records, to take such
measures, and to do and order, and cause to be done, such acts and
make such expenditures (beyond those duly estimated for or pro-
vided) for the preservation of the public health (though not herein
elsewhere or otherwise authorized) as it may in good faith declare
the public safety and health demand, and the mayor shall in writing
approve. But the exercise of this extraordinary power shall also,
so far as it involves such excessive expenditures, require the written
consent of at least three members of the board of health, and the
approval as aforesaid of the mayor. And such peril shall not be
deemed to exist except when, and for such period of time, as the
board of health and mayor shall declare.
L. 1882, ch. 410, $ 580.
Bureaus.
$ 1179. There shall be two bureaus in the department of health.
The chief officer of one bureau shall be called the " sanitary super-
584
.
BUREAUS AND BOROUGH OFFICES. [S8 1179–1181
O
intendent," who, at the time of his appointment, shall have been,
for at last ten years, a practicing physician, and for three years
a resident of The City of New York, and he shall be the chief execu-
tive officer of said department. The chief officer of the second
bureau shall be called the “registrar of records,” and in said bureau
shall be recorded, without fees, every birth, marriage, and death, and
all inquisitions of coroners, which shall occur, or be taken within The
City of New York. But in cases of inquests, where the jury shall
find that the death was caused by negligence or malicious injury,
only a copy of the record need be filed in said bureau.
L. 1882, ch. 410, 4 534.
Offices and expenses.
§ 1180. The board of health may fit up and furnish such offices
and such branch offices in each and every borough provided for the
department of health in accordance with law, as the convenience of
the department, its officers, agents, and employes, and the prudent
and proper discharge of the duties of the department may require;
and may, subject to the other provisions of this act, make such other
incidental and additional expenditures, having due regard to econ-
omy, as the purposes and provisions of this chapter, and the dangers
to life and public health may justify or require; and may provide that
any failure of any officer, agent, or employe of the department to
duly fulfill his engagements or discharge his duty shall cause a for-
feiture of the whole, or any less portion of the salary or compen-
sation of such officer, agent or employe, as the rules or practice of
the department may provide.
L. 1882, ch. 410, $ 581.
(a) The board of police cannot
dispossess the health department
from the apartments occupied by
it pursuant to the authority con-
ferred by this section, in the for-
mer's building, which is owned by
the city, by force and without war-
rant of law. Health Dept. v. Police
Dept., 41 N. Y. Super. (J. & S.) 323.
Borough offices to be maintained.
§ 1181. The board of health shall establish and maintain in the
boroughs of Manhattan, The Bronx, Brooklyn, Queens, and Rich.
mond, offices wherein the business and duties of the department of
health shall be performed and discharged under its rules, regula-
tion and control. To this end the board of health shall appoint
assistant sanitary superintendents, and assistant registrars of records,
one of each of such officers to be assigned to each of the five bor-
ough offices above mentioned, and so many of the other officers,
SS 1181,1182] DELEGATION OF POWERS TO SANITARY SUPT. 585
clerks, inspectors and subordinates allowed, pursuant to this chapter,
as may be necessary to conduct and transact the business of the
health department, in each of the said boroughs. In such borough
offices, the board of health shall preserve the records, files, reports
and papers belonging and pertaining to the boroughs in which the
office is located. In the general office of the health department in
the borough of Manhattan, shall also be preserved and kept, both
for record and the use of the board of health, the archives of the
department of health, and all the records, books, reports, files and
papers belonging and pertaining to the general administration of
the health department, and the business and transactions of the
board of health, as well as those which belong to, and have special
reference to, the business and transactions, and the discharge of the
duties and powers of the health department in the borough of Man-
hattan. The board of health may likewise establish such other
additional offices as it shall deem necessary for the proper discharge
of the duties and powers of the health department in the several
boroughs, with such force as may be essential thereto throughout
the city as constituted by this act, but shall always maintain its chief
office in the borough of Manhattan.
Delegation of powers.
§ 1182. The board of health may from time to time delegate any
portion of its powers to the sanitary superintendent or an assistant
sanitary superintendent, to be exercised by such delegate from the
time and in the manner, and to the extent specified in such delega-
tion in writing. Provided, however, that this section shall not be
construed in restraint of the general power of the board of health to
discharge its duties through any and all of its appointees. The
department of health shall have a secretary, who shall subject to the
direction of the board of health, keep and authenticate the acts,
records, papers and proceedings of the department of health, pre-
serve its books and papers, conduct its correspondence, and aid gen-
erally in accomplishing the purposes of this chapter. The board of
health may designate a clerk to be the chief clerk of the department,
and a clerk in each of the offices of the five boroughs above men-
Lioned, to be an assistant chief clerk, who may perform such duties
of the secretary as shall be assigned to him; and papers certified by
such chief clerk or by an assistant chief clerk shall be of the same
effect as evidence and otherwise as if certified by the secretary.
L. 1882, ch. 410, SS 583, 584.
586
SANITARY INSPECTORS. [š$ 1183-1185
Duty of sanitary superintendents.
§ 1183. It shall be the duty of the sanitary superintendent and
the assistant sanitary superintendents, as each may be directed, to
execute, or cause to be executed, the orders of said department of
health and generally, according to instructions, to exercise a practi-
cal supervision in respect to the inspectors, agents, and persons
other than the secretary, and health commissioners, and as to the
members of the police force, who may exercise any authority under
this chapter; and said officers shall devote their services to the afore-
said purposes, as the board of health may, from time to time direct.
Each such superintendent shall make reports weekly, or oftener, if
directed by the board of health, in writing, stating generally his own
action and that of his subordinates, and the condition of the public
health in said city, or any portion thereof, and any causes endanger-
ing life or health which have come to his knowledge during that
period.
L. 1882, ch. 410, $ 586.
Reports of, and inspection.
§ 1184. The sanitary superintendent, the assistant sanitary super-
intendents, the sanitary inspectors and the officers of said depart-
ment may visit all sick persons, who shall be reported to the depart-
ment of health as sick of any contagious, pestilential, or infectious
disease and report to the department of health, in writing, his or
their opinion of their sickness. He, or they, shall visit and inspect
all vessels coming to the wharves, landing places, or shores of said
city, or within three hundred yards thereof, which are suspected of
having on board any infectious or contagious disease, or likely to
communicate the disease to the inhabitants of said city, and all stores
and places within said city, which are suspected to contain putrid of
unsound provisions or other articles likely to communicate disease
to the inhabitants, and make and sign a report in writing, stating the
vessel, stores, places, and articles so inspected by him or them, and
the nature, state, and situation thereof, and his or their opinion in
relation thereto, as to the probability of disease being communicated
by or from the same, and file such report in the chief office of the
department of health.
| L. 1882, ch. 410, 8 587.
Sanitary inspectors.
$ 1185. The board of health shall appoint and commission at least
fifty sanitary inspectors, and shall have power to appoint twenly
SS 1185-1187] SANITARY INSPECTORS.
587
additional sanitary inspectors, if it deems that number necessary,
and from time to time to prescribe the duties and salaries of each of
said inspectors, and the place of their performance, and of all other
persons exercising any authority under said department, except as
herein specially provided; but thirty of such inspectors shall be
physicians of skill and of practical professional experience in said
city. The additional sanitary inspectors heretofore duly appointed
and commissioned, either in New York city, or in the city of Brook-
lyn, may be included among the sanitary inspectors mentioned in
this section, and may continue to act as such without reappointment,
but nothing herein contained shall curtail any of the powers vested
in the department of health by this act, and the number of sanitary
inspectors for whom provision is made in this section shall be exclu-
sive of the special inspectors for whom provision is made in section
eleven hundred and eighty-six and elsewhere in this act. All of the
said inspectors shall have such practical knowledge of scientific or
sanitary matters as qualify them for the duties of their office. Each
of such inspectors shall once in each week, make a written report to
said department, stating what duties he has performed, and where he
has performed them, and also such facts as have come to his knowl-
edge connected with the purposes of this chapter as are by him
deemed worthy of the attention of said department, or such as its
regulations may require of him; which reports, with the other
reports herein elsewhere mentioned, shall be filed among the records
of the said department.
L. 1882, ch. 410, $ 588; L. 1887, ch. 489; L. 1895, ch. 567.
(a) A sanitary inspector is not
a regular clerk or head of bureau
within meaning of § 1543, post.
People ex rel. Archbold v. Health
Dept., 24 Weekly Dig. 197.
Sanitary engineering service.
§ 1186. The board of health may, from time to time, engage
a suitable person or persons to render sanitary engineering service,
and to make or supervise practical and scientific sanitary investiga-
tions and examinations in the city requiring engineering skill, and
to prepare plans and reports relative thereto.
L. 1882, ch. 410, 4 590.
Badges.
S 1187. The board of health may provide a badge of metal with
a suitable inscription thereon, and direct and require it to be worn,
a position to be designated, by any person or officer under the
588
ATTORNEY TO EXAMINE BUILDINGS. [88 1189-1190
authority of said department, at such times and under such circum-
stances as the rules and by-laws of said department shall direct.
L. 1882, ch. 410, $ 591.
Examinations and surveys.
§ 1188. The members of the board of health, the health commis-
sioners, the sanitary superintendent, the assistant sanitary superin-
tendents, and any of the sanitary inspectors, and such other officer
or person as may, at any time, be, by said board of health author-
ized, may, without fee or hindrance, enter, examine and survey all
grounds, erections, vehicles, structures, apartments, buildings, and
every part thereof, and places in the city, including vessels of all
kinds in the waters, and all cellars, sewers, passages and excavations
of every sort, and inspect the safety and sanitary condition, and
make plans, drawings and descriptions thereof, according to the
order or regulations of said department. Said department may
make and publish a report of the sanitary condition, and the result
of the inspection of any place, matter or thing in the city; so
inspected, or otherwise, as aforesaid, so far as, in the opinion of the
board of health, such publication may be useful.
L. 1882, chi 410, $ 592.
Proofs and affidavits.
§ 1189. Proofs, affidavits and examinations as to any matter
under this chapter may be taken by or before the board of health or
other person, as the board of health shall authorize; and commis-
sioners of health, the secretary, the sanitary superintendent, assistant
sanitary superintendents, and any member of said department shall
severally, have authority to administer oaths in such matters, and
any person guilty of wilfully answering or testifying falsely therein
shall incur all the pains and penalties of perjury.
L. 1882, ch. 410, 4 593.
Registrar of records.
§ 1190. The board of health shall appoint a registrar of records,
and five assistant registrars of records, of whom one shall be placed
and have his office, in each of the borough offices of the health
department, and there discharge the duties and powers of the regis
trar of records, so far as the same shall have been committed to him
by the board of health, or the registrar of records, but always subject
to the direction and control of the board of health.
L. 1882, ch. 410, $ 534.
S$ 1191-1194] SALARIES OF MEMBERS EMPLOYED.
589
Id.; and payment for night medical service.
§ 1191. It shall be the duty of the registrar of records and each
assistant registrar of records, in his borough, and where his office is
located, to ascertain and report to each captain of the police whether
any physician who applies for registry, as willing to respond to any
call for medical attendance, as provided in this act, is in good and
regular standing, and to transmit to such captain a certificate
thereof. It shall be the duty of the department of health to pay at
sight the fee of three dollars certified to be due any physician, in
accordance with the provisions of this act, and to enter such pay-
ment in a book provided for that purpose, and to take up the
certificate, issued therefor.
L. 1882, ch. 410, $ 574.
Suits and service of papers.
§ 1192. Said board of health may sue and be sued in and by the
proper name of “The Department of Health of the City of New
York,” and not in or by the name of the members of said board, or
any of them; and service of all process in suits and proceedings
against or affecting said board, and other papers may be made upon
the president of said board, or upon its secretary, and not otherwise;
except that, according to usual practice in other suits, papers in suit
to which said board of health is a party may be served on the cor-
poration counsel or such assistant as may be assigned by him to the
health department.
L. 1882, ch. 410, 8 616.
Attorney.
$ 1193. The corporation counsel shall assign such assistant coun-
sel as may be needful to the department of health, as provided in
cliapter seven of this act.
See $ 255, ante.
Salaries.
8 1194. The annual salaries to be paid to persons herein namea,
and appointed to the several specified positions, shall, from and
diter their entrance upon their duties, be as follows, and such salaries
shall be in full for all services rendered by them to the city in any
Capacity whatever: To the president of the board of health, seven
wousand five hundred dollars; to the commissioners, other than the
president, six thousand dollars each; to the sanitary superintendent,
Six thousand dollars; to the secretary, five thousand dollars; to the
sistant sanitary superintendents, each three thousand five hundred
590 NON-LIABILITY OF MEMBERS AND EMPLOYES. [SS 1194–1196
dollars; to the registrar of records, four thousand dollars; to the
assistant registrars of records, each three thousand dollars; to the
chief clerk of the department of health, three thousand dollars; and
to the other clerks and employes regularly employed in the service
of the department, the salaries, from time to time, fixed and pre-
scribed for them and their offices respectively, by the board of
health.
L. 1882, ch. 410, 8 52.
(a) No compensation is recover-
able from the city by one of its
officers for the performance of a
public service or of official duties,
unless it is given by law; and there
is no implied obligation on the
part of a municipal corporation,
and no such relation between such
a body and its officers as compels
the former to make remuneration,
unless the law permits it to be
done. Haswell v. The Mayor, 81
N. Y. 255. See Sikes V. Hatfield,
13 Gray (Mass.) 347.
Id.; and no fees.
§ 1195. No salary or compensation shall be paid to, or fees
demanded by, or expenses ordered to be incurred by any officer,
department or agent, or in respect to any service, expenditure, or
employment under the authority of any health law, ordinance,
regulation, or appointment in said city, unless such salary, expendi-
ture, employment, fees or expense shall be authorized by the depart-
inent of health. No municipal body, or other authority, shall create
any office or employ any officer or agent, or incur any expense
under any health laws or ordinances, or in respect of any matter
concerning which said health department is by this chapter given
control or jurisdiction.
L. 1882, ch. 410, $ 601.
No personal liability.
§ 1196. No member, officer, or agents of. said department of
health, and no person or persons other than the department of
health or the city itself shall be used or held to liability, for any act
done or omitted by either person aforesaid, in good faith, and with
ordinary discretion, on behalf of or under said department, or pur-
suant to its regulations, ordinances, or health laws. And any per-
son whose property may have been unjustly or illegally destroyed of
injured, pursuant to any order, regulation, or ordinance, or action of
said department of health or its officers, for which no personal lia-
bility may exist, as aforesaid, may maintain a proper action against
the city for the recovery of the proper compensation or damage.
Every such suit must be brought within six months after the caust
$$ 1196–1198]
591
EXECUTION OF ORDERS.
of action arose, and the recovery shall be limited to the damages
suffered.
| L. 1882, ch. 410, 8 599.
(a) In order to avoid personal (6) It seems where the board of
liability for destruction of property health orders a tenement-house va-
under health laws, the officers or cated as a public nuisance without
dering such destruction must show justification, the owner's remedy
that such property was in some is not by injunction to restrain
way dangerous to health; but hay the execution of the order, but to
ing shown this, the case is then sue the city for damages under this
one calling for the exercise of dis- section. Egan v. Health Dept. of
cretion, which, being in its nature N. Y., 9 App. Div. 431; S. C., 41 N.
judicial, creates no personal liabil. Y. Supp. 352.
ity. Underwood v. Green, 42 N. Y.
140.
Orders of the board.
§ 1197. The board of health, if it shall consider the public health
or interests so to require, may execute orders through its own offi-
cers or agents, and means to be engaged by the board of health.
Whatever expenses said board of health may lawfully and properly
incur in the execution of any order, ſesolution or judgment afore-
said, or in executing, or in connection with its own orders, made in
good faith, or in and about the discharge, in good faith, of its duties,
or in satisfying any liability or judgment it may have in good faith
incurred or suffered by reason of its acts, done in good faith, as
aforesaid, or in satisfying any claim against its officers or subordi-
nates, arising from their acts in the discharge, in good faith, of their
respective duties, shall, so far as established, be paid out of the fund
or other moneys of the department of health.
L. 1882, ch. 410, 4 595.
See Health Dept. v. Knoll, 70 N. Y. 530.
Execution may be compelled.
$ 1198. All orders duly made by any of the departments of health,
of boards of health, or health and sanitary authorities or officers, to
Which said department succeeded, and by their terms or necessary
legal effect, to be executed in The City of New York, may be exe-
cuted, and the execution thereof compelled, and the execution of
such of them as are partly executed may be compelled by the depart-
ment of health; and the said orders may be severally rescinded or
hodified by said department, with like effect, as could have been
Jone by the department, board of health, or sanitary authority exist-
18 at the time the said orders were severally made. The said
partment may discharge all liens upon real estate in The City of
York, created by any board of health or sanitary authorities
592
DUTIES OF OWNERS OF PREMISES. [S$ 1198–1201
above mentioned, or created in proceedings instituted by the metro-
politan board of health, or the department of health, which suc-
ceeded thereto, in the same manner and for the same causes that, by
laws existing January first, eighteen hundred and seventy, they
could be discharged by the metropolitan board of health.
L. 1882, ch. 410, $ 596.
Right of inspection.
$ 1199. It is hereby made the duty of all departments, officers,
and agents, having the control, charge or custody of any public
structure, work, ground, or erection, or of any plan, description,
outline, drawing or charts thereof, or relating thereto, made, kept,
or controlled under any public authority, to permit and facilitate the
examination and inspection, and the making of copies of the same
by any officer or person, thereto, by said department of health
authorized.
L. 1882, ch. 410, 5 597.
Complaint book.
$ 1200. The board of health shall cause to be kept a general com-
plaint book, or several such books, in which may be entered by any
person, in good faith, any complaints of a sanitary nature which
such person thinks may be useful, with the name and residence of
the complainant, and may give the names of the person or persons
complained of, and the date of the entry of the complaint, and such
suggestions of any remedy as may in good faith be thought appro-
priate, and said books shall be open to all reasonable public exami-
nation, regulated in all respects as said board may deem proper and
for the public service, and the board of health shall cause the facts
in regard to such complaints to be investigated, and the appropriate
remedy to be applied.
L. 1882, ch. 410, 4 579.
Duties of owners, lessees and occupants.
$ 1201. It is hereby declared to be the duty of every owner and
part owner and person interested, and of every lessee, tenant, and
occupant of, or in any place, water, ground, room, stall, apartment,
building, erection, vessel, vehicle, matter, and thing in said city,
and of every person conducting or interested in business therein of
thereat, and of every person who has undertaken to clean any place,
ground or street therein, and of every person, public officer an
department having charge of any ground, place, building or erectie
therein, to keep, place and preserve the same and every part, at
$S 1201-1203] ASSISTANCE OF POLICE DEPARTMENT.. 593
the sewerage, drainage and ventilation thereof in such condition
and to conduct the same in such manner that it shall not be a nuis-
ance or be dangerous or prejudicial to life or health.
L. 1882, ch. 410, $ 539.
Police department assistance.
$ 1202. It shall be the duty of the police department and of its
officers and men, as said department shall direct, to promptly advise
the department of health of all threatening dangers to human life or
health, and of all matters thought to demand its attention, and to
regularly report to said board of health all violations of its rules,
and of sanitary ordinances, and of the health laws, and all useful
sanitary information. And said last-named departments shall, as
far as practicable and appropriate, co-operate for the promotion of
the public health and the safety of human life in the city. And it
shall be the duty of the police department and the police board, by
and through its proper officers, agents and men, to faithfully, and, at
the proper time, enforce and execute the sanitary rules and regula-
tions and the orders of said board of health, made pursuant to the
power of said board of health, upon the same being received in writ-
ing and duly authenticated, as said board of health may direct.
And said police board is authorized to employ appropriate persons
and means, and to make the necessary and appropriate expendi-
tures, for the execution and enforcement of said rules, orders and
regulations; and such expenditures, so far as the same may not be
refunded or compensated by the means herein elsewhere provided,
shall be paid as the other expenses of said board of health are paid.
And in and about the execution of any order of the board of health
or of the police board, made pursuant thereto, police officers and
policemen shall have as ample power and authority as when obey-
ing any order of or law applicable to the police board or as if acting
under a special warrant of a justice or judge, duly issued, but for
their conduct shall be responsible to the police board and not to the
board of health.
L. 1882, ch. 410, 8 594.
see Health Dept. v. Police Dept., 41 N. Y. Super. (J. & S.) 323.
Coroner's returns.
8 1203. The department of health may, from time to time, fix and
denne the time of making, and the form of returns and reports to
nade to said department by the coroners of The City of New
*, in all cases of post-mortem inquests, or viewing of dead
des held by them or any of them; and the said coroners are
38
594
(SŠ 1204, 1205
REMOVAL OF NIGHT SOIL.
hereby required to conform to the directions of said department in
the premises, and it shall be the duty of every coroner at once, and
before holding any inquest, upon being called upon to hold an
inquest as aforesaid, or notified thereof, to immediately transmit
and cause to be delivered to the secretary of said department of
health, written notice of the fact of such call, in which shall be stated
every particular then known to said coroner as to said call, the body,
the place where it is and the reported cause of death. If at any
time said department, or the sanitary superintendent, shall deem
the protection of the public health to demand, it may, so soon as the
coroner's jury or physician may have viewed the dead body, and
an autopsy thereof shall have been made, provided the coroner
deems the same necessary, order the immediate burial of any dead
body, or if he or it deems that the public health demands an imme-
diate removal of said body from the place of death to another place
for inquest, may likewise, at any time, order said removal, and shall
have power to cause said orders to be obeyed and executed.
L. 1882, ch. 410, $ 568.
Removal of dead bodies.
$ 1204. It shall be the duty of the department of health to grant
a permit for the removal of the body of any deceased person from
the city, which has not been buried, upon receiving a certificate of
the death of said person, made in accordance with its rules.
It may grant a permit for the removal of the remains of any person
interred within the city to a place without the same, on the appli-
cation of a relative or friend of such person, when there shall appear
to be no just objection to the same.
L. 1882, ch. 410, $ 569.
Removal of night soil and offal.
$ 1205. The board of health shall have full and exclusive power
and authority over the removal of night soil, and in the removal
of dead animals, offal, night soil, blood, bones, tainted or impure
meats, and other refuse matter from said city. It is hereby charged
with the duty of causing the removal of the same daily, or as often
as may be necessary, and of keeping the said city clean from a
matter of nuisance of a similar kind. The department, bureau, o
city officer of authority or authorities who shall from time to time
have the management and control of the public docks, piers, and
slips in said city, may, with the consent of the commissioners of
sinking fund, designate and set apart for the use of the departme
of health of said city, suitable and sufficient slips, docks, piers
Rent
and
88 1205-1208] CONTRACTS FOR REMOVAL OF REFUSE.
595
berths in slips, located as the said department of health may require,
and such as should be convenient and necessary for its use in exe-
cuting the duty hereby imposed upon said department of health,
excepting the slips, docks and piers on the East river set apart for
the use of canal boats.
L. 1882, ch. 410, 8 566; L. 1893, ch. 187.
Id.; contracts for.
$ 1206. The board of health is authorized to make contracts with
any responsible person or persons for the removal of said offal, dead.
animals, night soil, and other refuse matter from The City of New
York, and to require and receive security in such form and amount
as the said board may approve, for the faithful performance by the
person or persons aforesaid, to whom such contracts may by the
said board of health, be in its discretion, awarded, of all and each
of the provisions of such contracts on his or their part. The place
or places of reception and deposit of, and to which such offal, dead
animals, night soil and other refuse matter may be conveyed, may,
from time to time, be designated, and may be ordered changed by
the board of health.
L, 1882, ch. 410, 8 567.
As to rags, hides and skins.
$ 1207. No rags, hides or skins, arriving in the port of New
York, shall be deposited in any part of the city within which the
department of health shall have prohibited the packing or unpack-
· ing of salted provisions, and all such articles brought into the city
contrary to the above provisions may be seized and sold by the
board of health. The department of health may, however, permit
sound hides and skins to be brought into any part of the city, in
small quantities, and for the purpose of immediate manufacture, but
not otherwise.
L. 1882, ch. 410, 8 547.
Unsound cotton.
1208. It shall be the duty of the master and owner of every
vessel that shall have brought cotton into the city, between the
hirst day of May and the first day of November in any year, and
the owner and consignee of such cotton, if upon examination it
Stall appear damaged, or otherwise unsound, to make an immediate
port thereof to the board of health. Every master, or owner, or
asignee refusing or neglecting to perform the duties so enjoined,
596
[SS 1208-1211
UNSOUND PROVISIONS:
shall, for each offense, forfeit to the board of health the sum of five
hundred dollars, to be recovered in a civil action by said board.
L. 1882, ch. 410, 4 548.
Unsound articles, or deposited contrary to orders.
§ 1209. All salted, smoked, preserved or pickled provisions, and
all hides, skins and cotton that may be kept or deposited in those
parts of the city wherein the board of health shall prohibit the
keeping, preparation, packing or repacking thereof, at the time
or times when such prohibition shall be made, shall be reported
forthwith, by the owner or person having charge thereof, to the
health department, that the same may be examined, and, if neces-
sary, destroyed or removed. If such articles, when ordered by the
board of health to be removed or destroyed, shall not be forthwith
removed and the order obeyed by the owner or person having charge
thereof, the sanitary superintendent shall cause them to be removed
to some safe place, there to remain at the risk of the owner, or, if so
ordered, may destroy the same.
L. 1882, ch. 410, $ 545.
Putrid cargoes may be destroyed.
§ 1210. The board of health, when it shall judge it necessary,
may cause any cargo, or part of cargo, or any matter, or any thing
within the city that may be putrid or otherwise dangerous to the
public health, to be destroyed or removed; such removal, when
ordered, shall be to the place of deposit of offal, dead animals, and
refuse matter, or such other place as the board of health shall direct;
such removal or destruction shall be made at the expense of the
owner or owners of the property so removed or destroyed, and the
same may be recovered from such owner or owners, in an action at
law, by said board of health.
L. 1882, ch. 410, $ 541.
(a) As to powers of the board of
health under this section, see Greg-
ory V. The Mayor, 40 N. Y. 218;
rev'g 1 Daly, 243.
Penalties for disobedience.
§ 1211. Every person who shall refuse or neglect to obey the
directions of the preceding sections, or of the board of health pura
suant thereto, in relation to provisions, putrid, and other offensiya
articles therein mentioned, shall be considered guilty of a misde
meanor, and, on conviction, shall be subject to fine and imprison.
ment, or both, at the discretion of the court. Such fine shall 110
SS 1211-1213] OFFENSIVE TRADES PROHIBITED. 597
exceed one thousand dollars, and such imprisonment shall not
exceed two years.
L. 1882, ch. 410, 4 543.
XY
Offensive trades.
$ 1212. It shall not be lawful for any person or persons, in cor-
porated or unincorporated, to carry on, establish, prosecute, or con-
tinue, within the borough of Manhattan, the occupation, or
trade, or business of bone boiling, bone burning, bone grind-
ing, horse skinning, cow skinning, or skinning of dead animals,
or the boiling of offal, and any such establishment or estab-
lishments, or place of such business existing within said
borough, shall be forthwith removed out of said borough,
and such trade, occupation, or business shall be forthwith
abated and discontinued, providing that nothing in this sec-
tion contained shall apply to the slaughtering or dressing of
animals for sale in said city. It shall be the duty of the board of
health to ascertain whether any such trade or business is carried on,
or continued, or established, within the limits aforesaid, and to make
and cause an order to be served, in the same manner, as other
orders of said department are made and served, directing the dis-
continuance of said trade or business, and the removal of all
offensive or unwholesome materials or things appertaining to said
trade. or business. Any such business carried on elsewhere
within The City of New York shall be subject to reasonable
regulations to be prescribed by the board of health, and may,
upon its recommendation, be prohibited in any borough or part
of any borough by the municipal assembly.
L. 1882, ch. 410, 4 540.
Filling in lands.
8 1213. It shall not be lawful for any person or persons, incor-
porated or unincorporated, to fill in any land under or above water,
Within the limits of The City of New York, or on any of the islands
situated within said limits, and under the jurisdiction of said city,
of any portion thereof, with garbage, dead animals, decaying mat-
ler, or any offensive and unwholesome material, or with dirt, ashes,
or other refuse, when mixed with such garbage, dead animals, or
ortions thereof, decaying matter, or offensive and unwholesome
aterial. Any person or persons violating the provisions of this
cction shall be deemed guilty of a misdemeanor, and, on conviction
Teof, shall be punished by a fine not exceeding one hundred dol-
598
DRAINAGE OF LANDS REGULATED. [S$ 1213-1215
lars, or imprisonment not exceeding six months, or both. The
board of health is hereby empowered to institute prosecutions and
suits for penalties for the violation of the provisions of this section
and this chapter.
L. 1895, ch. 58.
Yards and cellars.
§ 1214. The board of health shall have full power and authority
to make such by-laws and ordinances as said board shall, from time
to time, deem necessary and proper, for the filling, draining, and
regulating of any grounds, yards or cellars, within the city, that may
be sunken, damp or unwholesome, or which it may deem proper to
fill, drain, raise, lower, or regulate; and also, for causing all such
lots of ground in the city adjoining the Hudson river, or the East
river, or Long Island sound, as it may, from time to time, think
proper, to be filled with wholesome earth or other solid materials,
so far into the said rivers respectively as said board shall, from time
to time, deem expedient for promoting the health of the said city;
and for filling or altering or amending all sinks and privies within
the said city, and for directing the mode of constructing them in
future, and for causing subterraneous drains to be made from the
same, when said board may think it necessary.
L. 1882, ch. 410, $ 561.
(a) See Matter of Tappen, 54 Matter of Van Buren, cited under
Barb. 225; S. C., 36 How. Pr. 390; § 1215, post.
Drainage and maps.
§ 1215. Whenever in the opinion of the board of health the pro-
tection of the public health requires the drainage of any lands in the
city, by means other than sewers, the said board may make an order
describing the location of such lands, and directing the proper drain-
age thereof, and construction of drains therefor, by the commissioner
or commissioners of the department of said city having jurisdiction
to construct sewers in that part of city where such drainage is so
required. The board of health shall thereupon cause a map to be
made, whereon shall be shown the location of such proposed drains,
and the lands required for the construction thereof. Such order
shall be entered at length in the records of such department
health, and such map shall be filed in said department; a cop
thereof shall be filed in the office of the register or county cler
the county in which the lands are situated. The board of hea
shall cause another copy of said map, together with a copy of su
order, to be delivered to the commissioner or commissioners of
$S 1215-1217] ACQUISITION OF LANDS FOR DRAINAGE. 599.
department of said city, who shall, by such order be required to con-
struct such drains, and the said commissioner or commissioners of
said department with whom a copy of the said map and order shall
be so filed, shall immediately thereafter have the power, and said
department is hereby directed to make and adopt proper and suit-
able plans for the construction of such drains.
L. 1882, ch. 410, 8 562; L. 1883, ch. 430.
(a) Under the powers conferred
by this section upon the board of
health to direct the proper drain-
age of lands by the board of pub-
lic improveinents, that board is to
direct the drainage of lands hy
means other than sewers; but the
board of public improvements can-
not, upon the mere requisition of
the board of health, cause a large
area of sunken lots to be redeemed,
filled in and raised, although some
filling might be necessary as inci-
dental to the construction of
drains. Matter of Van Buren, 97
N. Y. 384, affi'g 17 Hun, 527; Mat-
ter of Kendall, 11 Weekly Dig. 287.
Acquisition of rights in lands.
§ 1216. It shall be the duty of such department, upon the receipt
of such map and order, and immediately after it has made and adopted
suitable plans for such drains, through the corporation counsel of
said city, to take immediate and proper proceedings for the acquire-
ment of a right of way over, under, or through the lands shown upon
said map to be necessary for such drains, and it shall be the duty of
such corporation counsel immediately to take such proceedings and
conduct them to a speedy determination.
| L. 1882, ch. 410, 8 568; L. 1883, cha 430.
Id.; proceedings therein.
$ 1217. The right of way over, under or through the lands so
required for such drains shall be taken and acquired in the manner
required by law for acquiring title to lands in said city to be used as
public streets. Provided, however, that the time or times provided
in such law for the giving or publication of any notice shall for the
purposes of this section, be reduced one-half, and the timę for the
sitting of the commissioners of estimate and assessment to hear
objections to their report is, for the purposes of this section, hereby
made two days in the place of ten days. Any maps, plans or sur-
veys, that may be required for the use of the commissioners of esti-
mate and assessment to be appointed in such proceeding, shall be
Fnished by the department charged with the construction of the
ains and shall be prepared and inade by surveyors in the regular
and stated employment of such department; neither the expense of
ich surveys, nor any other expenses other than the fees of the
commissioners of estimate and assessment, attending the proceed-
600 DUTY TO PREVENT SPREAD OF DISEASES. [S$ 1217–1219
ing, and their necessary disbursements for clerical services in carry-
ing out the provisions of this section, which clerical expenses shall
not exceed the sum of two hundred and fifty dollars, and also for
advertising, printing, or posting and notices required by law, and
for any other necessary incidental expense a sum, not exceeding one
hundred dollars, shall be included in the assessment that may be
made by such commissioners of estimate and assessment. The cor-
poration counsel shall not be entitled to any compensation for ser-
vices to be rendered by him in such proceeding other than his
stated salary. The commissioners shall each be entitled to receive the
following rates as compensation for their services in full: Where
the drain to be constructed is five hundred feet or under in length,
the sum of twenty-five dollars; where the drain exceeds five hundred
feet in length, twenty-five dollars, and in addition thereto five cents
per foot for each running foot of drain in excess of five hundred feet,
but the compensation of each commissioner shall in no case exceed
two hundred and fifty dollars.
| L. 1882, ch. 410, 8 564; L. 1882, ch. 430.
Id.; confirmation of report of commissioners; construction and taxa-
tion.
§ 1218. Upon the confirmation of the report of the commission-
ers of estimate and assessment by the court, the commissioner of the
department in said city having the charge of the construction of such
drains, as herein proposed, shall have the power, and he is hereby
directed to immediately make and construct said drains. The neces-
sary cost of such drains, together with necessary expenses of levying
the assessment therefor, shall be levied, assessed and collected, as
provided by section one hundred and seventy-nine of this act.
L. 1882, ch. 410, 8 565; L. 1883, ch. 430.
Measures to prevent the spread of disease.
§ 1219. It shall be the duty of the board of health:
1. To cause any avenue, street, alley or other passage whatever
to be fenced up or otherwise inclosed, if it shall deem the public
· safety requires it, and to adopt suitable measures for preventing
all persons from going to any part of the city so inclosed.
2. To forbid all communication with the house or family infected
with any contagious, infectious or pestilential disease except by
means of physicians, nurses or messengers to carry the necessary
advice, medicines and provisions to the afflicted.
3. To adopt such means for preventing all communication
between any part of the city infected with a disease of a pestilential,
S$ 1219–1221]
601
REMOVAL OF VESSELS.
infectious or contagious character and all other parts of the city,
as shall be prompt and effectual.
L. 1882, ch. 410, $ 555.
See Gregory v. The Mayor, cited under $ 1210, ante.
Id.; proclamation.
§ 1220. The board of health may issue a proclamation declaring
any place where there shall be reason to believe a pestilential, con-
tagious or infectious disease actually exists, to be an infected place
within the meaning of the health laws of this state. Such procla-
mation shall fix the period when it shall cease to have effect; but
such period, if the said board shall judge the public health to require
it, may, from time to time, be extended by the board of health, and
notice of such extension shall be published in one or more of the
newspapers of this city. The board of health may in its discretion
prohibit or regulate the internal intercourse by land or water
between The City of New York and such infected place; and may
direct that all persons who shall come into the city contrary to its
prohibition or regulations, shall be apprehended and conveyed to
the vessel or place whence they last came; or, if sick, that they be
conveyed to such place as the said board shall direct. After such
proclamation shall have been issued, all vessels arriving in the port
of New York from such infected place shall be subject to a quaran-
tine of at least thirty days or until the period when such proclama-
tion shall cease to have effect as provided by the last preceding
section, and shall, together with their officers, crews, passengers,
and cargoes, be subject to all the provisions, regulations and penal-
ties in relation to vessels subject to quarantine.
L. 1882, ch. 410, 88 556-557.
AYY
YY
Vessels removed.
§ 1221. The board of health shall also possess and may exercise
the following powers:
I. By order to direct any vessel lying at a place within three
hundred yards of any wharf, landing place or shore of said city,
and from which said board shall deem it probable that any infec-
tious or contagious disease may be brought into said city, or com-
municated to the inhabitants thereof, to be removed to the listance
of at least three hundred yards from any wharf, landing place or
shore of said city, within six hours after a copy of such order, certi-
ned by the secretary of said department, shall be delivered to the
person or persons having command of such vessel, or to the master,
her or consignee thereof; and every such person or persons,
Own
602
PENALTY FOR VIOLATION OF ORDERS. [S$ 1221-1223
master, owner or consignee to whom such copy of such order shall
be delivered shall forthwith comply with the same.
2. By order to direct to be removed to a place to be designated
by the board of health, all things within the city, which, in its
opinion, shall be infected in any manner likely to communicate dis-
ease to the inhabitants.
L. 1882, ch. 410, 8 542.
Violation of orders, punishment for.
§ 1222. Every person who shall violate, or neglect, or refuse to
comply with any provision contained in any of the preceding sec-
tions, or in the orders made by the board of health, in pursuance
thereof, shall be deemed guilty of a misdemeanor, and on convic-
tion thereof, shall be punished by a fine not exceeding two hundred
and fifty dollars, or imprisonment not exceeding six months, or
both; and all such fines when collected shall be paid to the comp-
troller. Any violation of the sanitary code shall be treated and
punished as a misdemeanor, and the offender shall also be liable to
pay a penalty of fifty dollars, to be recovered in a civil action in the
name of the department of health of The City of New York.
L. 1882, ch. 410, 4 543.
(a) A landlord is liable for a penalty
incurred by the maintenance of a
nuisance on his property in pos-
session of a tenant, if the nuisance
existed when the owner leased the
property; and receiving rent for a
nuisance is equivalent to maintain-
ing it. Board of Health v. Valen-
tine, 11 N. Y. Supp. 112.
Separate receptacles for ashes and garbage.
§ 1223. The board of health shall cause to be enforced the pro-
risions of the sanitary code requiring that separate receptacles be
provided for ashes and rubbish, and for garbage and liquid sub-
stances, and forbidding that they be placed or kept in the same
receptacle, and requiring the streets and sidewalks to be kept free
from incumbrance by such receptacles, except at such times as
may be designated by the commissioner of street cleaning, for the
collection of their contents; and for the violation of any of the said
provisions of said code, both the owners and occupants of all houses
· in the city shall be severally responsible and subject to the penalties
and prosecutions imposed by said code, and all other provisions
of said code and of the city ordinances relative to the cleanliness of
the streets; and the board of health is empowered to institute
prosecutions and suits for penalties for the violation of any such
provisions.
L. 1882, ch. 410, $ 576.
S$ 1224, 1225] ORDERS UPON WHOM SERVED. : 603
Service of orders.
§ 1224. Service of any order of said board of health shall be
deemed sufficient, if made upon a principal person interested in or
upon a principal officer charged with a duty in respect of the busi-
iness, property, matter, or thing, or the nuisance or abuse to which
said order relates; or upon a person, officer, or department, or one
of the department, who may be most interested in or affected by its
execution. If said order relate to any building or the drainage,
sewerage, cleaning, purification, or ventilation thereof, or of any
lot or ground on or in which such building stands, used for, or
intended to be rented as the residence or lodging place of several
persons, or as a tenement-house or lodging-house, service of such
order on the agent of any person or persons for the renting of such
building, lot, or ground, or for the collecting of the rent thereof, or
of the parts thereof to which said order may relate, shall be of the
same effect and validity as due service made upon the principal of
such agent, and upon the owners, lessees, tenants, occupants of such
buildings, or parts thereof, or of the subject-matter to which such
order relates.
L. 1882, ch. 410, 4 577.
Vaccination.
§ 1225. For the purpose of more effectually preventing the
spread of smallpox by the thorough and systematic vaccination of
all unvaccinated persons, and for the relief of persons suffering with
diphtheria and other infectious diseases, residing in said city, the
board of health is hereby empowered to continue or organize
a corps of vaccinators and of physicians, within and subject to the
control of the bureau of sanitary inspection, to appoint the neces-
sary officers, keep suitable records, collect and preserve pure vac-
cine lymph or virus, and produce diphtheria antitoxine and other
antitoxines, and add to the sanitary code such additional provisions
as will most effectually secure the end in view. Said board of
health may take measures, and supply agents and offer inducements
and facilities for general and gratuitous vaccination, disinfection,
and for the use of diphtheria antitoxine, and other antitoxines, and
may afford relief to and among the poor of said city as in its opinion
the protection of the public health may require.
L. 1882, ch. 410, 8 553.
to constitutionality of laws
ading admission to public
schools of persons not vaccinated,
see I. re Walters, 84 Hun, 457; 8. C.,
32 N. Y. Supp. 322.
604 DRIVING Y
AND SLAUGHTERING OF CATTLE. [SS 1226–1228
Sale of lymph and antitoxine.
§ 1226. Whenever the amount of vaccine lymph, or virus col-
lected by the said corps, or of diphtheria antitoxine, and other anti-
toxines produced, shall exceed the amount required in the proper
performance of its duties, the said board of health may authorize
the sale of such surplus lymph or virus, and diphtheria antitoxine,
and other antitoxines at reasonable rates, to be fixed by the board
of health. The avails of such lymph or virus, and diphtheria anti-
toxine, and other antitoxines, shall be accounted for and paid to the
chamberlain, and shall be set apart and constitute distinct funds, to
be known respectively as "the fund for gratuitous vaccination,” and
“the antitoxine fund,” and they shall be subject to the requisition of
the board of health for the purposes named in the preceding section.
L. 1882, ch. 410, $ 554.
Driving and slaughtering cattle, sheep, swine, pigs or calves regulated.
§ 1227. It shall not be lawful to drive any cattle, sheep, swine,
pigs or calves through the streets or avenues of The City of New
York, or any of them, except at such times and in such manner as
provided in the sanitary code, or as the board of health may, by
ordinance, prescribe, nor shall it be lawful to slaughter any cattle,
sheep, swine, pigs or calves in The City of New York, excepting in
buildings located upon or near the water front, and so constructed
as to receive all stock delivered thereat from boats, cars or transports
and to secure the proper care and disposition of all parts of the
slaughtered animals upon the premises or the immediate removal
thereof by means of boats and under the provisions of the sanitary
code and the authority and regulations of the department of health.
The board of health may revoke or suspend the permit of any one
who shall conduct said business of slaughtering cattle, sheep, swine,
pigs or calves in violation of law and the rules and regulations of
the department of health. No fat, hides, hoofs, or entrails or other
refuse parts of slaughtered animals shall be transported in said
streets except under and pursuant to the terms of a permit in writ-
ing from the board of health; nor shall any buildings be erected of
converted into or used as a slaughter house until the plans thereot
have been duly submitted to the board of health, and approved in
writing by the said board.
| L. 1882, ch. 410, 8 613.
Extension of proclamation period. .
$ 1228. Whenever it shall appear to the board of health that any.
of the provisions of this title, limited in their operations to a cera
SS 1228, 1229] NUISANCE, ETC., DEFINED.
605
tain period of the year, or designated periods of time, ought to be
extended, the said board of health shall issue its proclamation
extending such provisions to such a time as shall be determined
on, and such provisions shall thereupon be extended accordingly
and with the like effect as if the periods mentioned in such procla-
mation, had been originally herein enacted. If it shall appear to the
board of health while such proclamation is still in force, that
the necessity of extending the period therein named has ceased,
the board of health, by a new proclamation declaring that fact,
may revoke the proclamation issued pursuant to this section, which
shall then cease to have effect.
| L. 1882, ch. 410, 8 559.
.
Definitions.
§ 1229. The word nuisance, as used in this act, shall be held to
embrace public nuisance, as known at common law, or in equity
jurisprudence; and it is further enacted that whatever is dangerous
to human life or detrimental to health; whatever building or erec-
tion, or part or cellar thereof, is overcrowded with occupants, or is
not provided with adequate ingress and egress to and from the
same, or the apartments thereof, or is not sufficiently supported,
ventilated, sewered, drained, cleaned or lighted, in reference to their
or its intended or actual use; and whatever renders the air, or human
food or drink, unwholesome, are also, severally in contemplation of
this act, nuisances; and all such nuisances are hereby declared ille-
gal; and each and all persons and corporations who created or con-
tributed thereto, or who may support, continue or maintain or retain
them, or any of them, shall be jointly and severally liable for, or
toward, the expense of the abatement and remedying of the same;
but as between themselves, any such persons and corporations, may
enforce contribution or collect expenses, according to any legal or
equitable relations existing between them; but nothing herein con-
tained shall annul or defeat any common law liability or responsi-
bility in respect of nuisances. Whenever the words “place, matter,
of thing," or either two of said words, are used in this act, or in
titles one, four and five of this chapter, they shall, unless the sense
plainly requires a different construction, be construed to include
Whatever is embraced in the enumeration with which they are
connected.
L. 1882, ch. 410, 8 636 ; 600.
e Health Dept. v. Purdon, 99 N. Y. 237, affi'g 51 N. Y. Super. (J. &
S.) 109.
606
REPORT OF BIRTHS, DEATHS, ETC. [S$ 1236–1238
TITLE 2.
MARRIAGES, BIRTHS AND DEATHS.
Sec. 1236. Persons solemnizing marriages to keep a registry.
1237. Births to be reported.
1238. Deaths to be reported.
1239. Penalty for failure to report marriages and births to the de-
partment of health.
1240. Record of births, marriages and deaths...
1241. Registration of births not previously recorded.
Persons solemnizing marriages to keep a registry.
§ 1236. It shall be the duty of the clergymen, magistrates and
other persons who perform the marriage ceremony in The City
of New York to keep a registry of the marriages celebrated by
them, which shall contain, as near as the same can be ascertained,
the name and surname of the parties married; the residence, age
and condition of each; whether single or widowed.
| L. 1882, ch. 410, 8 602.
Births to be reported.
§ 1237. It shall be the duty of the parents of any child born in
said city (and if there be no parent alive that has made such report,
then of the next of kin of such child born), and of every person
present at such birth, within ten days after such birth, to report to
the department of health, in writing, so far as known, the date,
borough and street number of said birth, and the sex and color of
such child born, and the names of the parents. It shall also be the
duty of physicians and professional midwives to keep a registry of
the several births in which they have assisted professionally, which
shall contain, as near as the same can be ascertained, the time of
such birth, name, sex and color of the child, the names and resi-
dence of the parents, and to report the same within ten days to the
department of health.
L. 1882, ch. 410, 8 603.
Deaths to be reported.
§ 1238. It shall be the duty of the next of kin of any person
deceased, and of each person being with such deceased person at
his or her death, and of the persons occupying or living in any
house or premises in or on which any person may die, to report,
writing, to the department of health, within five days after such
death, the age, color, nativity, last occupation and cause of death
such deceased person, and the borough and street, the place of sy
person's death and last residence. Physicians who have attend
deceased persons in their last illness shall, in the certificate of the
S$ 1238–1240] RECORD OF BIRTHS, MARRIAGES AND DEATHS. 607
decease of such persons, specify, as near as the same can be ascer-
tained, the name and surname, age, occupation, term of residence
in said city, place of nativity, condition of life; whether single, mar-
ried, widow or widower; color, last place of residence and direct
and indirect cause of death of such deceased persons, and the cor-
oners of the city, in such cases as an inquest may have been held,
shall, in their certificates, conform to the requirements of this
section.
| L. 1882, ch. 410, 8 604.
By virtue of § 1172, ante, a certifi- Trustees of the Village of Ellenville,
cate of death filed by a coroner pur 84 Hun, 236; 32 N. Y. Supp. 543; and
suant to this section is admissible as distinguishing Buffalo, L. T. & G. D.
evidence of the facts stated therein, Co. v. Knights Templar & M. M. A.
i. e., the age of the decedent. Mar Assn., 126 Ñ. Y. 450; and McKinley
kowitz v. Ď. D. E B. & B. R. R. Co. v. Metropolitan Life Ins. Co., 6 Misc.
12 Misc. 412; 32 N. Y. Supp. 702; 67 Rep. 9; comp. McKinley v. Metropol-
St. Rep. 572, following Woolsey v. itan Life Ins. Co., supra.
Penalty for failure to report marriages and births to the department
of health.
§ 1239. For every omission of any person to make and keep the
registry of marriages and births required by the preceding sections,
and for every omission to report a written copy of the same to said
department of health, within ten days after any birth or marriage
provided to be registered, and for every omission to make the report
of any death, birth or marriage, the person guilty of such omission
shall be guilty of a misdemeanor; and, in addition thereto, the
offender shall also be liable to pay a fine of one hundred dollars, to
be recovered in the name of the department of health of The City
of New York, before any justice or tribunal in said city having
jurisdiction of civil actions. But no person shall be liable for such
hne, or subject to arrest and imprisonment for not making the
report herein required, if an excuse is presented to the board of
health for such omission which the said board shall decide to be
sufficient, in which event the said board of health is hereby empow-
ered to excuse the said omission.
1. 1882, ch. 410, $ 605, as amended by L. 1894, ch. 550
Record of births, marriages and deaths.
§ 1240. The department of health shall keep a record of the
Dirths, marriages and deaths reported to it; the births shall be num-
bered and recorded in the order in which they are received by it; and
the record of births shall state, in separate columns, the place and
date of birth, the name, sex and color of the child, the names
and residence of the parents, as fully as they have been received,
and the time when the rcord was made. The marriages shall be
mümbered and recorded in the order in which they are received by
608 REGISTRATION OF MARRIAGES, DEATHS, ETC. [SS 1240, 1241
the department; and the record thereof shall state, in separate col-
umns, the date of marriage, name, residence, and official station, if
any, of the persons, by whom married, the names and surnames of
the parties, age, the color and condition of each; whether single or
widowed, and the time when the record was made. The deaths
shall be likewise numbered and recorded; and the record thereof
shall state, in separate columns, as far as the same is reported,
the date of decease, name and surname, condition, whether
single, married or widowed, age, place of birth, place of death,
occupation, names of the parents when an infant without name;
disease, direct or indirect cause of death, color, and last place of
residence of such deceased person, and the time when the record
was made. Said department shall perform all the duties of this
section imposed, as a part of its regular duties, and no fees shall be
demanded or received by reason thereof.
1.. 1882, ch. 410, § 606.
Registration of births not previously recorded.
§ 1241. The births of the children of actual residents of The City
of New York, which may have occurred during the temporary
absence of the parents of such children from The City of New York,
and the births of children who failed to be recorded through the
neglect of the physician or other medical attendant present at such
birth, may be recorded in the bureau of records of the health
department of said city, in a special book, to be kept for such pur-
pose, upon the application in such behalf by the parents of
guardians of such children. Such application shall be made to the
board of health, and shall be accompanied by a certificate of the
physician or midwife attending professionally at such birth; and
personally cognizant thereof, together with the affidavit of at least
two citizens, certifying to their knowledge of the facts, and that
the physician or midwife making such certificate of birth is a repu.
table person in good standing in the community in which he or she
may reside. No change or alteration shall, at any time, be made
in any of the records of the said bureau of records in said city, withi-
out proof satisfactory to and upon the approval of the said board of
health. Transcripts of any record in said bureau of records may be
given, in the discretion of the department of health, to a parent or
the next of kin of any person authorized to apply for the same, b
no transcripts of false or fraudulent returns made to the sa
bureau, nor of the entries thereof, shall be given; and they shal
canceled upon due proof of the facts to the department of health
Transcripts of these records when required shall be on such foil
$S 1247–1248]
609
DUTIES OF PHYSICIANS.
as the board of health may prescribe, and for them the usual fees
for copies of records may be received.
L. 1882, ch. 410, $ 607.
(a) This provision is remedial,
and one which affects the public,
and the duty of recording births
is obligatory upon the board of
health, when the required proof is
made, and its refusal to register a
birth is reviewable by the courts
on certiorari. Matter of Lauter-
jung, 48 N. Y. Super. (J. & S.) 308.
TITLE 3.
DUTIES OF PHYSICIANS AND OTHERS.
Sec. 1247. Report of pestilential, infectious and contagious diseases;
deaths.
1248. Affidavit may be required.
1249. Penalty for failing to report.
1250. Boarding and lodging-house keepers may be required to re-
port.
1251. Masters, etc., of vessels to report.
Report of pestilential, infectious and contagious diseases; deaths.
§ 1247. It shall be the duty of each and every practicing physi-
cian in The City of New York:
1. Whenever required by the department of health to report to
said department, at such times, in such forms as said department
may prescribe, the number of persons attacked with any pestilen-
tial, contagious, infectious disease attended by such physician for
the twenty-four hours next preceding, stating the name of such
patient, and the name and place where he shall then be; and the
number of persons attended by such physician, who shall have died
in said city, during the twenty-four hours next preceding such
report, of any such pestilential, contagious or infectious disease.
2. To report, in writing, to the said department every patient he
Shall have laboring under any pestilential, contagious, or infectious
disease, and within twenty-four hours after he shall ascertain or
suspect the nature of the disease.
3. To report to the said department when required by it, the
death of any of his patients who shall have died of disease within
twenty-four hours thereafter, and to state in such report the specific
name and type of such disease.
L. 1882, ch. 410, 8 608.
Affidavit may be required.
$ 1248. The department of health may require of any physician
hot less than three hours after service of a demand thereof upon
39
біо
[83 1248–1251
REPORT OF SICK PERSONS.
him, an affidavit, stating therein whether he has or has not any
patient, who, in his opinion, shall then be sick of a pestilential, con-
tagious or infectious disease, and if he has any such patient, to state
in such affidavit his or her name, and the house or place in said city
where he or she shall then be, and the nature or name of such dis-
ease, to the best of his knowledge and belief.
L. 1882, ch. 410, 8 609.
Penalty for failure to report.
§ 1249. Every practicing physician who shall refuse or neglect
to perform the duties enjoined on him by the foregoing section
shall be considered guilty of a misdemeanor, and shall also forfeit
for each offense the sum of two hundred and fifty dollars, to be sued
for and recovered by the department of health. It shall be the
duty of each visiting, hospital and consulting physician, to make
an immediate report to the department of health of the name of
every practicing physician by whom he shall have reason to believe
the provisions of said section have been violated; and if such physi-
cian shall neglect or refuse to perform his duty, the department
shall order him to be suspended from any office he may hold, and
he shall, moreover, be liable to such further penalty and to such
prosecution for his violation of this law and of his duty as the board
of health shall determine.
L. 1882, ch. 410, 8 610.
Boarding and lodging-house keepers may be required to report.
§ 1250. Every person keeping a boarding or lodging-house in
the city, shall, whenever required by the department of health,
report, in writing, to the department the name of every person who
shall be sick in his house within twelve hours after each case of
sickness shall have occurred.
| L. 1882, ch. 410, 8 611.
Masters, etc., of vessels to report.
§ 1251. Every master, owner or consignee of a vessel lying at
a wharf, or in the harbor of The City of New York, shall make
a like report, and within the same period, of the name of every sick
person on board of such vessel; and no person shall be removed
therefrom without a written permit for that purpose from
department of health.
L. 1882, ch. 410, 8 612.
$ 1257]
611
ORDER FOR EXAMINATION.
-
TITLE 4.
LEGAL PROCEEDINGS AND PUNISHMENT FOR DISOBEDIENCE OF
ORDERS AND ORDINANCES.
Sec. 1257. Order for examination before justice of supreme court.
1258. Appearance and examination of witnesses.
1259. The health department as party plaintiff and defendant.
1260. Injunctions when not to be granted against department.
1261. Proceedings presumed legal.
1262. Violation of department orders; actions for.
1263. Arrests for violation of rules.
1264. Id.; by member of police force or officer of department of
health.
1265. Id.; upon complaint of magistrate; trials, fines, etc.
1266. False returns and deceptive reports, how punished.
1267. False personation as an officer of department, penalty.
1268. Boarding and lodging-house keepers and masters of vessels.
1269. Officers and magistrates to act promptly.
Order for examination before justice of supreme court.
§ 1257. Any justice of the supreme court of the first or second
department, or who is holding court or chambers therein, upon the
written application of the board of health, may issue his order by
him subscribed, for the examination without unreasonable delay by
or before such justice of any person or persons, and the production
of books or papers, or the inspection and taking of copies of the
whole or parts thereof, at a time and place within said city, and in
said order to be named; and it shall be the duty of such justice to
take or superintend such examination, which shall be under oath,
and shall be signed by the party or parties examined, and be certi-
fied by said justice, and with any copies of books or papers, to be
delivered to said health department for the use of said department.
And such examination, and any proceeding connected therewith, or
under said order, may wholly or in part be had, conducted or con-
tinued by or before any other of said justices, as well as that one
who made said order; and in and about the same, every such justice
shall have as full power and authority to punish for contempt, and
enforce obedience to his said or other order or directions respecting
the matter aforesaid (or that of any other judge) as any such jus-
e of the supreme court may now have, or shall possess, to
force obedience or punish contempt in any case or matter
latever. Such application shall name or describe the person or
rsons whose examination is sought, and so far as possible the
Oks or papers desired to be inspected, and the matters or points
612
ENFORCEMENT OF ORDERS. [S$ 1257–1259
affecting life or health as to which the board of health requests the
examination to take place, and the justice shall, on the proceedings,
decide what questions are pertinent and allowable in respect thereto,
and shall require the same to be properly answered; but no answer
of any person so examined shall be used in any criminal proceeding.
Service of any order of any such justice may be made, and the
same proved in the same manner as the service of either an injunc-
tion or of a subpoena. And it shall be the duty of said justices to
facilitate the early determination of the aforesaid proceedings.
L. 1882, ch. 410, $ 614.
Appearance and examination of witnesses.
§ 1258. Upon the application of any party in interest in any mat-
ter pending examination before said department of health, by
affidavit, stating the grounds of such application, to any judge of
a court of record, and asking that any person or persons therein
named shall appear before said department of health, or any per-
son taking or about to take such examination, at some time or
times and place to be stated in the said affidavit, it shall be the
duty of such judge, if he shall discover reasonable cause so to do,
to issue his order requiring such person or persons named to appear
and submit to such examination as, and to the extent, such order
may state, at the time and place to be in said order named; and
such order, signed by such judge, may be served, and shall in all
respects be obeyed as a subpæna duly issued; and a refusal to
submit to the proper examination may be punished by such judge
or by any judge of such court as a contempt of court, upon the
facts as to such refusal being brought before any such judge by
affidavit.
| L. 1882, ch. 410, 8 615.
The health department as party plaintiff and defendant.
§ 1259. In all actions and proceedings heretofore commenced
and now pending, against either of the cities of New York, Brook-
lyn or Long Island City or the town authorities and public officers
in Kings, Richmond counties and the part of Queens county, now
to form a part of The City of New York, or against the department
of health, board of health or sanitary officers in any part of sai
territory, in which any action, order, regulation, ordinance or pro
ceeding of any of the health departments, boards of health or sant.
tary officers thereof, is called in question or made the subject of
action or proceeding, the department of health of The City of me
York shall have the right to appear, answer and take part; ai
$$ 1259-1262] INJUNCTIONS AGAINST BOARD.
613
all such actions and proceedings hereafter commenced the said
health departnient shall be a necessary party, and have the right to
appear and to take part therein. The said department may insti-
tute and maintain all suits and proceedings which are reasonable,
necessary and proper, to carry out the provisions of the laws under
which the said department acts, and may sue and be sued by the
proper name of the department of health of The City of New York.
L. 1882, ch. 410, 88 616-618.
· See cases cited under § 1172, ante.
Injunctions when not to be granted against department.
§ 1260. No preliminary injunction shall be granted against the
department of health, or its officers, except by the supreme court,
at a special or general term thereof after service of at least eight
days' notice of a motion for such injunction, together with copies
of the papers on which the motion for such injunction, is to be
inade. Whenever said department shall seek any provisional
remedy, or shall prosecute any appeal, it shall not be necessary
before obtaining or prosecuting the same to give any undertaking.
L. 1882, ch. 410, $ 619.
Proceedings presumed legal.
§ 1261. In all judicial proceedings the actions, proceedings,
authority, and orders of said department shall at all times be
regarded as in their nature judicial, and be treated as prima facie
just and legal. In any suit, the right of said department or the
police department to make any order, or cause the execution
thereof, shall be presumed.
L. 1882, ch. 410, $ 620.
Violation of department orders, actions for.
§ 1262. Whoever shall violate any provisions of this chapter, or
any order of said department made under the authority of the same,
or by any law or ordinance therein referred to, or shall obstruct
or interfere with any person in the execution of any order of said
department, or any order of the police department in pursuance or
cxecution of the orders of the department of health, or wilfully omit
obey any such order, shall be guilty of a misdemeanor, and be
able to be indicted and punished for such offense; and in cases
lere it was made a misdemeanor to do or omit any act or thing,
en any power or authority hereby conferred upon the board of
ith or department of health, was exercised by any other board
lealth, or officers, the omission or doing of such, or a correspond-
614
[$ 1262
SUITS BY BOARD OF HEALTH.
ing act or thing, which this chapter requires, or contemplates to be
done or forbids, shall in like manner be a misdemeanor, and the
offender shall be liable to indictment and punishment for the same.
A wilful omission or refusal of any individual, corporation, or body
to conform to any regulation of said department duly made for the
protection of life or the care, promotion, or preservation of health,
or the carrying out of the purposes of this chapter, pursuant to its
power or authority, shall be a misdemeanor, and the person or
officers guilty thereof shall be liable to indictment and punishment
as for a misdemeanor. All prosecutions and proceedings against
any person for misdemeanor under this chapter may be had or tried
before any judge or tribunal having jurisdiction of any misde-
meanor within said city. Any person, corporation, or body which
may have wilfully done or omitted any act or thing which is, in
this chapter, or by any law or ordinance, or the sanitary code.
referred to, declared to be, or to subject the party guilty thereof to
punishment for a misdemeanor, shall in addition thereto, be subject
to a penalty of two hundred and fifty dollars, to be sued for and
recovered by said department in any civil tribunal in said city.
Where in any case the minimum penalty for a refusal to obey, or for
a violation of any order, regulation, or ordinance of said department
of health, or any law, is not fixed, the amount recovered in such
case shall not be less than twenty dollars, and the judge or justice
who presided at a trial where such penalty is claimed shall, on said
trial, in writing, fix the amount, not contrary to said provisions, of
said penalty to be recovered, and shall direct such amount so fixed
to be, and it shall be included in the judgment. Any such suits
may be against one or more, or all of those who participate in the
act, refusals, or omissions complained of, and the recovery may be
against one or more of those joined in the action as the justice of
the court shall direct. The provisions of this section as to the
jurisdiction of tribunals, parties, and costs shall apply to all suits by
said department or its assignee, or the assignees of the police depart-
ment under this chapter. All processes and papers usual or necesa,
sary in the commencement and prosecution of actions, or for the
collection of money in suits or proceedings under this chapter, on
execution, may be served by any policeman, and in and about such
matters the policeman so engaged shall have all the powers of mai
shals, and no fees shall be charged by any court, magistrate,
clerk for the issue of any paper or process, or the performance
any duty in suits under this chapter. Any civil action brough,
under or by authority of this chapter may be brought in any count
in said city, having jurisdiction in any civil action to an amount as
$$ 1262, 1263] ARRESTS FOR VIOLATING RULES.
615
.
large as is demanded in such action; and if judgment be rendered
for the plaintiff in any amount, costs of the court in which action is
brought shall also be recovered, without reference to the amount
of the recovery, provided payment was demanded before suit
brought, and the defendant or defendants in the action against
whom the recovery is had, did not, as the code of civil procedure
authorizes, offer to pay an amount equal to the recovery against him
or them, except that in cases where the recovery shall be less than
fifty dollars, the amount of costs shall be ten dollars; and in case no
recovery is had, the plaintiffs shall not pay costs unless the judge
or justice, at the conclusion of the trial, shall certify in writing that
there was not reasonable cause for bringing the action, and in such
case the costs shall not exceed ten dollars, unless the amount
claimed exceeded fifty dollars. No action shall abate, or right of
action already accrued be abolished, by reason of the expiration,
repeal or amendment of an ordinance, code or sanitary ordinances,
or regulation of said department; nor shall any court lose jurisdic-
tion of any action by reason of a plea that title to real estate is
involved, provided the defendant is sought by the pleadings to be
charged in said action on any of the grounds mentioned in this
chapter, other than by virtue of ownership of such real estate. In
respect to all proofs and proceedings by said department, or its
agents or officers, under this chapter, papers filed shall be deemed
entered upon or in the minutes of the department.
| L. 1882, ch. 410, 8 622.
Arrests for violation of rules.
§ 1263. The board of health having first entered on the minutes
of department of health, or filed in its records, what it may regard
as adequate proof of a violation or resistance by any persons in
said city, of any law, or ordinance, the authority relating to which
is given to said department, or of any order made by said board
of said department, may order, by warrant, under its seal and
attested by the signature of its secretary, and indicating, as far
as conveniently practicable, the time, place and nature of the
offense committed, the arrest of any such person, and such order
of arrest shall be of the same effect and shall be executed as a war-
Tant from a justice or judge, duly issued; and the party arrested
all be taken before a magistrate, and thereupon and thereafter
shall, by all officers, be treated as being, and have the rights and
Pility of a party under arrest by order of the proper officer or
hibunal, for a misdemeanor, of the nature indicated in said order
of arrest.
L. 1882, ch. 410, $ 623.
616 ARRESTS BY POLICE FOR VIOLATIONS. [SS 1264, 1265
Id.; by member of police force or officer of department of health.
§ 1264. Any member of the police force, and every inspector
or officer of said department of health, as the regulations of either
of said department may respectively provide relative to its own
subordinates, may arrest any person who shall, in view of such
member or officer, violate, or do, or be engaged in doing or com-
mitting in said city, any act or thing forbidden by this chapter, or
by any law or ordinance, the authority conferred by which is given
to said department of health, or who shall, in such presence, resist -
or be engaged in resisting the enforcement of any of the orders of
said department or of the police department pursuant thereto. And
any person so arrested shall be thereafter treated and disposed of
as any other person duly arrested for a misdemeanor.
L. 1882, ch. 410, $ 624.
Id.; upon complaint of magistrate; trials, fines, etc.
§ 1265. Upon the complaint of any citizen of the city, against
any person for violation of any rule, sanitary regulation, ordinance, .
or order, made to any magistrate having jurisdiction in criminal
cases, such magistrate shall order the arrest of any person against
whom such complaint is made, as in any other case of a criminal
offense and by his warrant may require any policeman or constable
to make such arrest, and may, after such arrest, proceed sum-
marily to try such person for such alleged offense; but no such trial
shall be had on any arrest made in the city without sufficient notice
thereof being first given to the department of health. And upon
an application in behalf of said department made before the trial
is commenced, the trial of such person, together with the papers,
shall be remitted to the court of special sessions, upon which court
jurisdiction to try such persons is hereby conferred; but the right
of any person to elect to be tried before a jury, as it may now
exist, is not affected by anything herein contained. If such per-
son shall, upon such trial, be found guilty, he or she may be pun-
ished in the same manner as is provided for the punishment of per-.
sons found guilty of a misdemeanor. Reports of all such trials,
and of fines imposed for violations of this chapter, or the sanitary
code, shall be made monthly to said department, by the justices
before whom trials are had. But nothing in this section contained
shall be construed as in any manner limiting any powers, penalty
and punishment in this chapter elsewhere conferred.
L, 1882, ch. 410, $ 625.
SS 1266–1269] FALSE REPORTS TO BOARD OF HEALTH.
617
False returns and deceptive reports, how punished.
$ 1266. If any person shall knowingly make to said department
of health, or any officer thereof, any false return, statement or
report relative to any birth, death or marriage, or other matter con-
cerning which a report or return may be legally required of, or
should be made by, such person; of if any member, inspector or
officer, or any agent of said department of health shall knowingly
make to said department of health any false or deceptive report
or statement in connection with his duties, or shall accept or receive,
or authorize or encourage, or knowingly allow any other person
to accept or receive any bribe or other compensation as a condition
of or an inducement for not faithfully discovering and fully report-
ing, or otherwise acting, according to his duty in any respect, then
any and every such person shall be deemed guilty of a misdemeanor,
and shall be liable to be for such crime indicted, tried, and punished
according to law, and shall, in addition, forfeit all compensation due
or to grow due from said department.
L. 1882, ch. 410, $ 626.
False personation as an officer of department, penalty.
§ 1267. 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 person, not an officer of or under the authority of the depart-
ment of health, to falsely represent himself as such, with a fraudulent
design upon persons or property, or to have, use, wear, or display,
without authority, any shield, or other insignia or emblem such as
is worn by such officer. .
L, 1882, ch. 410, $ 627.
Boarding and lodging-house keepers and masters of vessels.
$ 1268. Every keeper of a boarding or lodging-house, and every
master, owner, or consignee of a vessel who shall refuse or neglect
to obey the orders and directions of the department of health, as
provided by this act, shall be considered guilty of a misdemeanor,
and on conviction shall be fined for each offense in a sum not
exceeding two hundred and fifty dollars, or be imprisoned for a
term not exceeding six months.
L. 1882, ch. 410, 8 628.
Officers and magistrates to act promptly.
8 1269. It shall be the duty of all prosecuting officers of criminal
courts, and city magistrates to act promptly upon all complaints,
618
OWNERS' LIABILITY FOR EXPENSES. [SS 1274, 1275
and in all suits or proceedings for any violation of this chapter, and
in all proceedings approved or promoted by said department, and
to bring the same to a speedy hearing or termination and to render
judgment and direct execution therein without delay.
L. 1882, ch. 410, 8 629.
TITLE 5.
REIMBURSEMENT FOR EXPENSES.
Sec. 1275. Joint and several liability of owners, lessees and occupants of
property, and assignment of claims for expenses of execu-
tion of orders thereon.
1276. On what expenses to be a lien.
1277. Suit for expenses.
1278. Expense of executing orders to be a lien.
1279. Statement of expense of executing orders to be published.
1280. Department to retain moneys till twelve days after notice.
1281. Parties to suit brought after twelve days; costs against de-
partment.
Joint and several liability of owners, lessees and occupants of prop-
erty, and assignment of claims for expenses of execution of orders
thereon.
§ 1275. It is hereby declared to be the duty, of which there shall
be a joint and several liability of every owner and part owner and
person interested, and of every lessee, tenant, and occupant of, or in,
any place, water, ground, room, stall, apartment, building, erection,
vessel, vehicle, matter and thing in said city, and of every person
conducting or interested in business therein or thereat, and of every
person who has undertaken to clean any place, ground or street
therein, and of every person, public officer, and board having charge
of any ground, place, building or erection therein, to keep, place,
and preserve the same and every part, and the sewerage, drainage,
and ventilation thereof in such condition, and to conduct the same
in such manner that it shall not be dangerous or prejudicial to
or health, subject to the ordinances of the sanitary code and lo
orders of the board of health. Any claim for expenses consequent
upon the execution of an order of the board of health, occasioned by
a violation of said duty above declared and set forth, may
assigned by the board of health to any person not an officer of
health department, who shall execute such order and perform
required work.
L. 1882, ch. 410, § 630. See Health Department v. Knoll, 70 N. Y. 530. .
$$ 1276–1278] LIEN FOR EXPENSES.
бид
On what expenses to be a lien.
§ 1276. The expenses attending the execution of any and all
orders duly made by the board of health shall respectively be a sev-
eral and joint personal charge against each of the owners or part
owners and each of the lessees and occupants of the building, busi-
ness, place, property, matter or thing to which said order relates,
and in respect of which said expenses were incurred; and also
against every person or body who was by law or contract bound to
do that in regard to such business, place, street, property, matter, or
thing which said order requires, and said expenses shall also be
a lien on all rent and compensation due, or to grow due, for the use
of any place, room, building, premises, matter, or thing to which
said order relates, and in respect of which said expenses were
incurred, and also a lien on all compensation due, or to grow due,
for the cleaning of any street, place, ground, or thing, or for the
cleaning, or removal, of any matter, thing, or place, the failure to do
which by the party bound so to do, or doing of the same in whole
or in part by order of said department, was the cause or occasion
of any such order or expense.
L. 1882, ch. 410, $ 630.
See Health Dept. v. Knoll, 70 N. Y. 530.
i
Suit for expenses.
$ 1277. Said department of health, its assignee, or the party who
has under its order, or that of the police department, acting there-
under, incurred any expense, or has rendered service for which pay-
ment is due, and as the rules of said department of health may pro-
vide, may institute and maintain a suit against any one in this chap-
ter declared liable for expenses, or against any person, firm, or cor-
poration owning, or who may owe such rent or compensation, and
may recover the expenses so incurred under any order aforesaid.
And only one or more of such parties liable or interested may be
made parties to such action as the department may elect; but the
parties made responsible as aforesaid for such expenses shall be
able to contribute or to make payment as between themselves, in
respect of such expenses, and of any sum recovered for such
expenses or compensation, or by any party paid on account thereof,
according to the legal or equitable obligation existing between
them.
L. 1882, ch. 410, 8 631.
expense of executing orders to be a lien.
81278. The said department, its assignee, or any person acting
620
LIEN FOR EXPENSES. [S$ 1278, 1279
under its authority, in executing any order of said department,
shall have a lien for the expenses necessarily incurred in the execu-
tion of said order, and said expenses shall be a lien upon the land
and buildings upon or in respect of which, or either of which, thi
work required by said order has been done, or expenses incurred,
which lien shall have priority over all other liens and incumbrances,
except taxes and assessments. But no such lien shall be valid for
any purpose till the said department or person shall have caused to
be filed in the office, or with the officer where notices of mechanics'
liens are now or may be hereafter required to be filed, a notice con-
taining the same particulars as required to be stated with reference
to mechanics' liens, with the further statement that the expense has
been incurred in pursuance of an order of said department, and giv-
ing its date. Upon such filing the said officer shall make the same
entry on the book or index in which mechanics' liens are entered
as he is required to enter in cases of mechanics' liens, together with
a reference to said order by date; and thereafter the same shall,
except as herein elsewhere provided, have the same effect in all
respects as a mechanics' lien; and all proceedings with reference to
said lien, its enforcements and discharge, shall be had and carried
on in the same manner as similar proceedings with reference to
inechanics' liens are now, or may be hereafter by law had or carried
on. The filing of such statement shall as to all persons have the
same effect as filing of notice of mechanics' liens; and unless within
two months after actual notice of such filing, proceedings are taken
by the party against whom or whose said property a lien is claimed,
to discharge such lien, the filing shall, as to all persons having such
actual notice, become conclusive evidence that the amount claimed
in such statement, with interest, is due, and is a just lien upon said
land and building. Such lien shall continue to be a lien for the
space of four years from the time of filing such statement, unless
proceedings are in the meantime taken to enforce or discharge the
same, which may be done at any time during its continuance. In
case proceedings are so taken, it shall remain a lien until the final
termination of such proceedings; and if such proceeding shall result
in a judgment for the amount claimed in such statement, or any
portion thereof, such judgment shall, to such extent, be a lien in the
same manner, and from the same time as said statement.
L. 1882, ch. 410, $ 632.
Statement of expense of executing orders to be published.
§ 1279. When the board of health shall, through its own officers,
and men and means have executed, or so far executed as said depart
$ 1279]
. 621
STATEMENT OF EXPENSES TO BE FILED.
ment may require, any order, the expenses of such execution, giv-
ing in general terms the items of such expense and the date of exe-
cution, shall be stated in an affidavit; and the same shall be filed
among the records of said department with the order so executed;
and said department shall take care by, or through some proper
officer, or otherwise, that the expenses of such execution be so
stated with fairness and accuracy; and when it shall appear that such
execution, or the expenses thereof, related to several lots or build-
ings belonging to different persons, said affidavit shall state what
belongs to, or arose in respect to each lot of said several lots or
buildings, as said board of health or its authorized officer may
direct; and the correctness of such apportionment of expenses, as
stated in any such affidavits, shall not be called in question or
reviewed elsewhere than before said board; but said board may
revise and correct the same, as truth and justice may require. When-
ever the expenses attending the execution of any order of said
board of health may be made the subject of a suit by said depart-
ment, or its assignee or the person having the right to recover such
expenses, there may be joined in the same suit a claim or claims for
any penalty or penalties for violations of any provisions of this
chapter, or for the violation or omission to perform or obey said
order, or any prior order of said department, or for the not doing
of that, or any portion of that, for the doing of which, said expenses
arose or were incurred; and said department may make an assign-
ment of the claim for any such penalty or penalties, to enable the
claim for the same and the claim for said expenses to be joined in
the same suit; and the proper joint or several judgment may be
nad against one or more of the defendants in the suit, as they or
either of them may be liable in respect of both said claims, or either
of any of them. And said expenses of executing said order, and the
expenses of executing any judgement in any abatement suit in this
Chapter provided for, and the several judgments that may be recov-
ered thereunder, or otherwise, for any such penalty or expenses, or
of both such penalty and expenses together, until the same are paid
(lischarged, shall be a lien as other judgments, and also a lien and
harge upon rent and compensation due or then maturing from any
hant or occupant of the building, lots, and premises, or the parts
wereof to which any such order or judgment relates, or in respect
hich any such expenses were incurred. And such expenses
and judgments shall respectively be a lien on all compensation due
1. to grow due for the cleaning of any street, place, ground, or
me, or for the cleaning or removal of any matter, thing, or place,
ailure to do which by the party bound so to do, or the doing
622
[S 1279
STATEMENT OF EXPENSES TO BE FILED.
. of the same in whole or in part by order of said department, was the
cause or occasion of any such charge or expense. For the purpose
of rendering such lien and charge more effectual to secure payment
of any such expenses or judgment, from any rent or compensation
aforesaid, proceedings may be taken as follows:
1. The department of health, or any person owning any such
judgment, or the claim for any such expenses, or having a right to
receive payment therefor, may serve a copy of the order under or
by reason of which such expenses were authorized or incurred with
a copy of any affidavit stating the expenses of the execution of such
order, or if the claim be a judgment, may serve a transcript of such
judgment and any affidavit showing the expense of its execution if
there be any, upon any person or corporation owing, or who is
about to owe any such compensation, or owing or about to owe any
rent or compensation for the use or occupation of any grounds,
premises or building, or any part thereof, to which said order or
judgment relates, and in respect of whịch such expenses embraced
in said judgment related or were incurred, and may, at any time of
such service, demand in writing that such rent, or any such com-
pensation to the extent of said claims for said expenses, or of any
such judgment or expense in executing the same shall, when such
rent or compensation becomes due and payable, be paid to the
department of health.
2. After the service of the papers aforesaid and such demand, any
tenant, lessee, occupant, or other person owing, or about to owe,
any such rent or any such compensation, shall, when such rent or
any such compensation shall mature, or become payable, pay the
same, and from time to time pay any other amount thereof, as the
same may become due and payable, or so much thereof as is suffi-
cient to satisfy any such judgment or claim for expenses, or both,
so served, to said department of health, and a receipt shall be given
therefor, stating on account of what order or judgment and
expenses the same has been paid and received; and the amount so
received shall be deposited where other funds of said department
are kept, to the special account of such department.
3. Any person or corporation refusing or omitting, as here
Jirected, to make such payment to the department of health, art
service of the paper and demand aforesaid, as herein required. S.
be personally liable to said department of health, or to the party
owning any such claim for expenses or judgment, if not belonging
to said department, for the amount that should have been paid to
said department according to the provisions hereof, and may
such party or health department be sued therefor; and such person
S$ 1270. 1280] RECOVERY OF RENT PAID TO DEFENDANT. 623
shall not in such suit, dispute or call in question the authority of
said department of health to incur, or order such expense, or of its
assignee therein, or the validity or correctness of such expenses or
judgment in any particular, or the right of the party making such
demand, or his assignee, to have the same paid from such rent or
compensation. But the receipt of such department for any sum
paid as aforesaid shall, in all suits and proceedings, and for every
purpose, be as effectual in favor of any person holding the same,
as actual payment of the amount thereof to the proper landlord,
lessor, owner, or other person or persons who would, but for the
provisions of this title, and of said demand, have been entitled to
receive the sum so paid. And it is further expressly declared that
no tenant or occupant of any lot, building or premises, or his or
their assignee or lessee, shall be dispossessed or disturbed, nor shall
any lease or contract, or rights, be forfeited or impaired, nor any
forfeiture or liability be incurred by reason of any omission to pay
to any landlord, owner, lessor, contractor, party, or other person,
the sum so paid to said department of health, or any part thereof.
L. 1882, ch. 410, $ 633.
Department to retain moneys till twelve days after notice.
§ 1280. The said department of health shall retain money so
paid until twelve days after it shall be made to appear to said
department of health, or some proper officer thereof, by, satisfactory
. affidavit, that the party or parties, or his or their agent for the col-
lection of any such rent or compensation, who, but for the pro-
visions hereof would have been entitled to receive the same, has had
written notice of such payment being made; and if at the end of
said twelve days, the party or parties aforesaid, so notified, have not
instituted suit to recover said money, as hereinafter provided, then
it shall, by said department, be paid to any person who may own
or have the right to recover the amount of the judgment or the
Claim for expenses, or so much thereof as the party may be entitled
to, or on account of which the money was paid to said department,
and after such payment the party or parties aforesaid, shall have
110 fight to demand or receive any such money, unless they shall
Within six calendar months from the expiration of said twelve days,
a suit allege that they had no notice of such payment, and shall,
on the trial of such suit, prove said allegation, and also that they
were not liable to pay the said claim for expenses, or the said pen-
uy or judgment, and that the said department had not jurisdiction
order the expenses aforesaid, on account of which the money was
paid, or on which any such judgment was obtained, and in case of
624 PARTIES TO SUIT TO RECOVER EXPENSES. [$8 1280, 1281
a recovery in such suit it shall be only to the extent that such par-
ties were not so liable, and in such suit any person or persons who
may have received said money from said department, or said depart-
ment shall, by the plaintiff, be made a party defendant; and if the
plaintiff shall recover such money, or any part thereof, said depart-
ment of health shall be entitled to any equitable judgment in such
suit which the court may see fit to direct, for recovering said money
back, or any part thereof, from such co-defendant, which had been
paid to him by said department of health.
| L. 1882, ch. 410, 8 634. "
Parties to suit brought after twelve days; costs against department.
§ 1281. In case any suit shall be brought under the last section,
or before the expiration of the said twelve days, said department of
health shall be joined as a party defendant; and any person or per-
sons other than said department, claiming the right to receive said
money on account of said order, expenses or judgment, or who has
received the same, shall also by the plaintiff be made parties defend-
ant; and no answer need be made by said department, except at its
option, or further than the allegation that it holds said money so
paid, and is ready to pay it over, as the result of the suit may render
proper, and said money shall be held by said department pending
said suit, if not paid over, before suit brought as aforesaid, provided
said suit be diligently prosecuted to judgment; and on its conclusion
the department of health shall cause the money, if still held by it, or
the proper amount from its funds, to be paid as the determination
of the suit may render proper; and no costs in any suit in this section
mentioned shall be recovered against the department of health.
But to entitle a plaintiff to recover in any such last-named suit, he
must make the same proof and establish the same facts as are
required to enable him to recover in any suit in this title men-
tioned, except as to notice of payment to department.
L. 1882, ch. 410, 8 635.
TITLE 6.
ABATEMENT BY SUIT.
Sec. 1287. Nuisance defined.
1288. Suits to abate nuisances.
1289. Id.; trial thereof.
1290. Id.; judgment; what to contain.
1291. Lien of judgment; how removed.
1292. Appeals and stays.
1293. Claims for penalty may be joined in abatement suits.
S$ 1287, 1288]
625
NUISANCE DEFINED.
Sec. 1294. Judgment of appellate division; what to contain.
1295. Statement of expense of execution.
1296. Execution thereupon.
1297. Injunction may be granted in abatement suits; requisites.
1298. Expenses of department of health to be paid out of its funds.
Nuisance defined.
§ 1287. A wilful omission or refusal of any individual, corpora-
tion, or body, to forthwith abate any nuisance, as ordered by a reso-
lution of the board of health, duly served upon them, pursuant to
the provisions of this act, or to conform to any ordinance of the
sanitary code or any sanitary regulation of said board, duly made
for the protection of life, or the care, promotion, or preservation of
health, pursuant to its power or authority, shall be a misdemeanor,
and the person or officers guilty thereof shall be liable to indictment
and punishment as for a misdemeanor. In addition thereto every
person, body or corporation that shall violate or not conform to any
ordinance of the sanitary code, or any rule, sanitary regulation or
special or general order of said board, duly made, shall be liable to
ſay a penalty not exceeding fifty dollars for each offense, which may
be sued for and recovered by and in the name of said department of
health, with costs, before any justice or tribunal in said city of New
York having jurisdiction of civil actions.
L. 1882, ch. 410, 88 575, 622.
Suits to abate nuisances.
§ 1288. For the abatement or remedying any of the nuisances
mentioned or declared in this chapter or by the board of health
pursuant to the authority devolved and conferred upon it by this
act, the board of health may institute and maintain in any court in
said city having jurisdiction in suits where the amount claimed
exceeds one thousand dollars, a suit or suits at law or in equity.
And all costs collected in any such action or proceeding shall be
paid over to the department and accounted for by it. To all such
suits the provisions of this chapter, relative to jurisdiction, costs, and
Parties, shall be applicable; and the courts shall allow the plaintiff,
any proper stage of the case, to amend, by joining other parties
rendant; and no suit shall be dismissed or defeated by reason of
e being other persons interested therein, or concerned in caus-
creating, or maintaining the nuisance complained of in such
suit.
L. 1882, ch. 410, 8 637.
8.) 109.
Health Dept. v. Purdon, 99 N. Y. 237, affi'g 51 N. Y. Super. (J. &
40
626 PROCEDURE IN SUIT TO ABATE NUISANCE. [88 1289–1291
Id.; trial thereof.
§ 1289. Such suit shall be tried as an issue of law, and without
a jury, unless, some defendant shall, in his answer, or by notice in
writing to be served on plaintiff's attorney within five days after
service of said answer, demand a trial by jury on some question of
fact, to be in said answer, or notice distinctly stated, and in respect
of which a right of trial by jury exists, and if any such demand be so
made and served, the case shall, as to all the defendants, be placed
on the calendar of jury trial cases as a preferred case; and when
moved for trial, if issues of fact for the jury have not before been
settled, the presiding judge may state in writing the issues of fact
to be submitted to the jury, or the trial shall proceed upon the mate-
rial issues of fact made by the pleadings without such written state-
ment of issues; and the judge who presided at the trial (or some
judge of the same court, if said judge be unable to proceed there-
with) shall, on receiving the verdict, or as soon thereafter, and at
the same term, if possible, settle and cause to be entered the proper
judgment in said suit.
L. 1882, ch. 410, 8 638.
Id.; judgment; what to contain.
§ 1290. If the judgment be that any nuisance may be abated or
remedied, in whole or in part, said judgment shall contain sufficient
directions for its proper execution, and the judge shall, from the
pleadings and the evidence given at the trial, find and state what
proportion of the expense of such execution shall be paid or be
borne by each or all of the defendants, jointly or severally; and it,
in the opinion of the court, any part of or all of the expense of such
execution should be borne by said department of health, or the exe-
cution of such judgment should be made by. said department of
under its direction, said judgment shall contain the appropriate
directions in respect to such last-named payment or execution.
Said judgment, if against any defendant, shall, on its face, state that
it will be a lien on the real property, and corporeal hereditaments
such defendant or defendants respectively, to which the said nuisa
ance shall have related, till his or their proportion of such expenses
of execution are satisfied, or the lien thereof shall be otherwise disa
charged according to law.
L. 1882, ch. 410, 8 639.
"
Lien of judgment; how removed.
& 1201. Any person prejudicially affected by the lien of any su
judgment may, on eight days' notice to said department, ma
$8 1291, 1292]
(27
DISCHARGE OF LIEN.
a motion before any judge of the court in which said judgment was
rendered, for an order that the lien of such judgment be discharged
as to all or any specific property set forth; and if it shall appear to
such judge, on the hearing of such motion, that such eight days'
notice of such motion has been given to the board of health, and
that such judgment has been executed, and the expenses paid,
which the lien sought to be discharged, was designed to secure; or,
if a proper or sufficient undertaking or bond, with sureties, shall be
given for the payment of such expenses; or if the board of health,
or its counsel, shall, in writing, consent to the discharge of the last-
named lien, as to any or all property referred to, or as to one or
more defendants, then said judge may order said lien discharged of
record by the proper officer, to the extent and as to the person or
persons that the order shall specify; and it shall be so discharged;
and such order and the moving papers shall be filed with the proper
clerk, as the judge may direct.
L. 1882, ch. 410, $ 640.
Appeals and stays.
§ 1292. No appeal by any party defendant shall stay the execu-
tion of any judgment aforesaid, except to the extent, in reference
to the persons, and on the conditions the judge who tried the case,
or some other judge of the same court, shall, on the settling of the
judgment, or on motion, on four days' notice to said department of
health, with due reference to the public interests involved, specially
order; and if no such order shall be made, the judgment shall be
executed, notwithstanding any appeal, undertaking or security, and
Without any liability on the part of any person by reason of any
damages or consequences growing out of the execution of said
Jiidgment, whether the same be reversed or not. All appeals by the
defendant from any judgment in the said abatement suits shall be
taken within ten days after notice, in writing, to the defendant or
bis attorney, of the entry of the judgment therein, and the judge
who tries the case may, in his discretion, order a stay as to the exe-
cution of the judgment, but only for the period of the said ten days,
and within said period of ten days an undertaking or security on
appeal must be filed, of the form and obligation required in ordinary
appeals from judgments, but also to be conditioned for the pay-
ent of the appellant's adjudged share of the expenses of executing
in judgment, or if not estimated in said judgment, as the judge,
"application and three days' notice to said department, shall esti- .
ate the same, in conformity with the judgment, for the purpose
such security on appeal. But the execution of any judgment
Me
628
[S$ 1292–1294
ABATEMENT OF SUITS.
against the defendants shall not be delayed beyond ten days, if
within that period the proper undertaking or security on appeal,
approved by the judge, has not been filed, and the appeal perfected,
as herein provided. The judgment may state the estimated expense
that will have to be paid by any party toward executing said judg-
ment; but the board of health may appeal in any such case, or any
case to which the health department is a party within ten days
after the entry of any judgment, and without giving any security;
such appeal shall be effectual and shall operate as a stay on the part
of the judgment in respect to which said department appeals.
L. 1882, ch. 410, $ 641.
Claims for penalty may be joined in abatement suits.
§ 1293. In any such abatement suit said department may join
a cause of action for any penalty or penalties that may have been
incurred by either of the defendants, by reason of, or in connection
with, the nuisance complained of, or by reason of any omission or
refusal of any defendant to obey or comply with any ordinance of
the sanitary code or any order of the department of health touching
such alleged nuisance, and have the proper provision in any judg-
ment therefor against one or more of the defendants. No motion
for a new trial on a case made shall be entertained in any such
abatement suit, except as a part of, and as arising upon the papers
upon a regular appeal to the appellate division of the court, and to
be heard therewith.
L. 1882, ch. 410, 8 642.
Judgment of appellate division; what to contain.
$ 1294. The judgment of the appellate division, if it shall, to any
extent, direct any change in the judgment appealed from, but shall
direct, or allow or fail to forbid the judgment in part to be executed,
sliall also contain the requisite specific provisions, so that the judga
ment, as modified, may be executed, and the due proportion of the
expenses of such execution may be assessed on the defendants,
respectively, or on said department, as the appellate division may
adjudge. There may be an appeal from the appellate division 10
the court of appeals, in such abatement suit, and therein the prom
visions hereof as to appeals from the judgment to the appellar
division and as to the security on appeal, shall in all particula
including the length of time given in which to take an appeal, apply;
except that no undertaking on its appeal is necessary on the part
the department of health, and no change in the code of civil proce
dure, or otherwise, hereafter to be made, though in subject-ma
latter
S$ 1294, 1295]
629
EXPENSE OF EXECUTION.
applicable to said abatement suits, shall be construed to modify the
aforesaid or other provisions of the health laws as to any suits there-
under, unless such act shall specifically declare such modification to
be intended.
L. 1882, ch. 410, 8 643.
Statement of expense of execution.
$ 1295. Upon the execution, in whole or in part, of any such
judgment, if said department shall, as it is hereby authorized to do;
decide the public interest to demand only execution in part thereot,
a statement of the expenses of such execution shall be made, and
such expenses shall be therein apportioned not contrary to any pro-
visions of said judgment; and upon the same being verified by the
oath of some person who, by due authority, took part in, or had
charge of the execution of such judgment, or by some officer of said
department, such statement, entitled in the case, may be filed or
given to the proper clerk to be filed, with such judgment; and
notice of such filing or delivery, and a copy of such statement shall
be given to the attorneys of the defendant in the suit, or to the
defendants themselves, or to some one of the joint defendants; and
unless within ten days after any such notice, such defendants shall
give due notice, in writing, to said department, or to the person
who, as assignee, or by order, executed such judgment or is entitled
to payment of such expenses, in case it was not executed by said
department, of a motion, and serve therewith copies of affidavits
to correct such statement in particulars to be mentioned, and sep-
arately and clearly stated in such affidavit, such statement afore-
said shall be, in all suits, and proceedings, and tribunals, and at all
times, deemed and taken to be final, conclusive and correct; and no
formal defect in such statement shall in any wise vitiate the same.
ind on any hearing of such motion, any party in interest, or said
department may read affidavits in support of such original state-
went; and the finding of any judge on the hearing of such motion,
as the said statement of such expenses and other matters in such
Otion involved, or statement contained, shall be final and conclu-
s and not subject to appeal; and such finding or statement as
ained by such finding when filed, shall be of the same effect as
Original statement would have been had no motion in regard
Elo been made; and for the purpose of an execution for such
ise, and creating a lien under any judgment, such statements
wing or modified statement shall be regarded as a part of said
ment, and the lien thereof shall extend to any amounts stated
inal statement and finding. In so far as any judgment may
630
EXECUTIONS IN ABATEMENT SUITS. [S$ 1295, 1297
be directed to be executed at the expense of said department of
health, or by any party defendant at his own expense, and shall by
such party defendant be so executed, the expense of such execution
shall not be stated or embraced in the aforesaid statement or finding
of expenses; but if any part of the execution aforesaid, which any
party should have borne or paid, shall, by reason of the delay,
refusal or defective act or execution of such party, or any other
cause, be paid, borne or incurred by said department of health, in
and about the execution of such judgment, then the said latter
expenses of said department may be embraced in said statement and
finding, and collected by execution as aforesaid.
| L. 1882, ch. 410, 8 644.
Execution thereupon.
§ 1296. For the proportion and amounts as authorized by such
judgment, and contained in such finding or in such statement or
modified statement, when either of the same shall have become
final as aforesaid, said department, or any assignee of such depart-
ment, or any other person who has executed such judgment, or has
otherwise a right to receive the expense of so doing, or the por-
tion thereof that may be due from any defendant, shall have exe-
cution, on application ex parte, to a judge of the court in which
the judgment was recovered, and such execution shall, in due form,
be allowed by any such judge; such execution to be against any
one or more defendants or joint defendants for the recovery of any
amount due from such defendant, or defendants, which the party
claiming such execution is entitled to receive; and such execution,
except as herein specially provided, shall be of the same effect
and form as any execution duly issued pursuant to any judgment.
But no execution shall be issued against any defendant for less
than the whole sum due from such defendant, or for less than he
shall be liable to pay in such suit; but any sum adjudged against
any defendant or defendants, in any such abatement suit for penale
ties, costs, or for other cause than the expense of the abatemem
or remedying of such nuisance, may be collected by separate
other executions, other than those authorized for collecting sun
expenses, to be issued in due course of law.
| L. 1882, ch. 410, $ 645. .
Injunction may be granted in abatement suits; requisites.
§ 1297. In any abatement suit aforesaid the court or a ju
thereof, may issue and enforce an appropriate preliminary in
tion, whenever it shall be asked for, by the board of health,
of health, and
$ 1297] INJUNCTION IN ABATEMENT SUITS.
631
there shall appear to such judge to be reasonable cause therefor;
and such injunction may also be granted whenever it shall be made
to appear to the court or a judge thereof, by affidavit, that such
injunction is needed, to prevent any illegal act, conduct, or business
aforesaid or its continuance, or to prevent any serious danger to
human life or serious detriment to health, or great public incon-
venience, touching any matter or thing to which this chapter or the
health laws aforesaid relate. And in any such injunction order
the court may require any building, erection or grounds to be put
in a condition that will not be dangerous to the life or detrimental
to the health of any occupant, before the same shall be leased, or
rented, or occupied, or before any rent or compensation shall be
collected for the rent or use of the whole or any portion of the same.
In any such injunction order, and also in any judgment in any
abatement suit, "the judge or court may require the tenants, lessees,
and occupants, or either or any of them, of any such building, erec-
tion, or grounds, to pay rent thereof, or compensation therefor, due
or to grow due to the health department, and said department to
collect and receive and apply said rent to the payment of the
expenses of putting any said building, erection, or ground in a con-
dition that will not be dangerous to the life or detrimental to the
health of any present or future tenant, lessee or occupant, or of any
other person; all such collections and payments to be made in such
manner, to such extent, and on such conditions as the court shall by
order or judgment provide; and every such payment to said depart-
ment, and the receipt of its treasurer for such rent or compensation,
shall be as effectual to protect any person who has made the same,
and every such tenant, lessee and occupant, and all his and their
Tights under any lease or occupation, as if such payment had been
made to, and such receipt had been given by the lessor or owner, or
any proper claimant of any such rent or compensation, who had, but
such order or judgment, the right and authority to receive the
same. But no undertaking or security shall be required or neces-
Olly on the part of said department as a condition of granting such
"Junction, or the same being effectual; and in any final judgment
such suit there may be enjoined whatever, if about to happen or
catened, would be the proper subject matter of a preliminary
function. And when the public interest seems to the court to
are a speedy trial or hearing of any such suit or appeal therein,
Il be the duty of any judge of, any court aforesaid, or of the
it to whom application by said board may be properly made, to
se such suit or appeal to be advanced and brought to a speedy
s and before it would otherwise be reached by trial or argument
d
632
EXPENSES OF BOARD OF HEALTH. [SS 1297, 1298
in due course on the calendar, as the judge or court may by special
order direct
L. 1882, ch. 410, 8 646.
(a) Courts will not, in all cases, ions of this section and sections
interfere by injunction to restrain 1287 and 1288, ante, have not
the continuance of an illegal trade changed this rule; by this section
or business; to require the exer it must be made to appear that an
cise of this equitable power as a injunction is needed, among other
matter of right, it must also be things, to prevent "serious dan-
made clearly to appear that the ger to human life, or serious det.
trade or business is either danger- riment to health.” Health Dept
ous to human life, detrimental tov. Purdon, 99 N. Y. 237, affi'g 51 N.
health, or the occasion of great Y. Super. (J. & S.) 109.
public inconvenience; the provis-
Expenses of department of health to be paid out of its funds. .
§ 1298. Whatever expenses said department of health may law-
fully and properly incur in the execution of any judgment afore-
said, or in executing or in connection with its own orders, made in
good faith, or in and about the discharge in good faith of its sup-
posed duties, or in satisfying any liability or judgment it may have
in good faith incurred or suffered by reason of its acts done in good
faith as aforesaid, or in satisfying any claim against its officers or
subordinates arising from their acts in the discharge, in good faith,
of their supposed respective duties, shall, so far as established, be
paid out of its fund or other moneys appropriated to such purpose
or to its use.
| L. 1882, ch. 410, 8 646.
TITLE 7.
TENEMENT AND LODGING-HOUSES.
Sec. 1304. Construction generally; halls and windows, etc.
1305. Definitions.
1306. Roofs and stairs and fire-escapes.
1307. Sleeping-rooms; ventilation.
1308. Water-closets, privies and sinks.
1309. Cellars and basements of tenement-houses not to be occu
for living purposes, except in certain cases.
1310. Cellars and vaults not to be used for sleeping-rooms.
1311. Transoms, windows, doors, etc.
1312. Certain occupations and business prohibited in tener
houses
1313. Tenements, etc., to be cleansed; owners' names to be res
tered in department of health.
1314. Inspection twice a year; officers to have access.
1315. Infected and uninhabitable houses to be condemned by
of health.
1316. Proceedings for condemnation prescribed.
ement-
lemned by board
SS 1304, 1305] CONSTRUCTION OF TENEMENTS.
633
Sec. 1317. Houses hereafter erected to comply with additional require-
ments.
1318. Construction of tenement-houses and spaces prescribed for
· building the same.
1319. Dimensions and ventilation of rooms.
1320. Chimneys, ash receptacles, water, cellar floor, ceilings and gas
in tenement-houses.
1321. Overcrowding of tenement-houses prohibited; housekeeper in
same required.
1322. Penalties for violations of provisions concerning tenement-
houses.
1323. Power of department of buildings and of board of health to
make other regulations relative to tenement or lodging-
houses.
1324. Sanitary company of police.
1325. This chapter a remedial statute.
Construction generally; halls and windows, etc.
§ 1304. Every house, building, or porțion thereof, in The City of
New York, used, occupied, leased or rented for a tenement or lodg-
ing-house must conform in its construction, appurtenances and
premises to the requirements of this title; and its use and occupa-
tion shall be regulated subject to the ordinances of the sanitary
code, applicable thereto, and the orders of the board of health duly
made, pursuant to its authority, duty and powers conferred and
enjoined upon it in this chapter. If occupied by more than one
family on a floor, and if the halls do not open directly to the exter-
nal air, with suitable windows, without a room or other obstruction
at the end, it shall not be used, occupied, leased or rented, unless
sufficient light and ventilation is otherwise provided for in said
halls, approved so far as relates to construction by the department
of buildings, and if the building be completed, approved so far as
relates to health and sanitary conditions, by the board of health.
L. 1882, ch. 410, $ 649.
Definitions.
$ 1305. A tenement-house within the meaning of this title shall
be taken to mean and include any house or building, or portion
thereof, which is rented, leased, let or hired out, to be occupied, or
is occupied as the home or residence of three families or more liv-
ing independently of each other, and doing their cooking upon the
premises, or by more than two families upon any floor, so living and
cooking, but having a common right in the halls, stairways, yards,
water-closets or privies, or some of them. A lodging-house shall
be taken to mean and include any house or building, or portion
634
VENTILATION OF TENEMENTS. CSS 1305-1307
thereof, in which persons are harbored, or received or lodged, for
hire for a single night, or for less than a week at one time, or any
part of which is let for any person to sleep in, for any term less
than a week. A cellar shall be taken to mean and include every
basement or lower story of any building or house of which, one-
half or more of the height from the floor to the ceiling, is below the
level of the street adjoining.
L. 1882, ch. 410, § 666, as amd. by L. 1887, ch. 84.
Roofs and stairs and fire-escapes.
§ 1306. The roof of every such house shall be kept in good
repair, and so as not to leak, and all rain water shall be so drained
or conveyed therefrom, as to prevent its dripping on to the ground,
or causing dampness in the walls, yard, or area. All stairs shall be
provided with proper banisters and railings, and shall be kept in
good repair. Every such house shall be.provided with a proper
fire-escape, or means of escape in case of fire, to be approved by
the department of buildings.
L. 1882, ch. 410, 88 651, 652.
(a) This provision establishes
the personal liability of those in
possession or control of tenement-
houses for damages caused by de-
fective condition of stairways.
Donohue v. Kendall, 50 N. Y. Super.
(J. & S.) 386; Brennan v. Lachat, 14
Daly, 197; S. C., 6 N. Y. State Rep.
278; see Willy v. Mulledy, 78 N. Y.
310.
Sleeping-rooms; ventilation.
§ 1307. Every house, building or portion thereof in the city
designed to be used, occupied, leased or rented, or which is used,
occupied, leased or rented for a tenement or lodging-house, shall
have in every room which is occupied as a sleeping-room, and
which does not communicate directly with the external air, a venti-
lating or transom window, having an opening or area of three
square feet, over the door leading into, and connected with the
adjoining room, if such adjoining room communicates with the
external air, and also a ventilating or transom window of the same
opening or area, communicating with the entry or hall of the
house, or where this is, from the relative situation of the rooms,
impracticable, such last-mentioned ventilating or transom window
shall communicate with an adjoining room that itself communicates
with the entry or hall. Every such house, or building, shall have m
the roof, at the top of the hall, an adequate and proper ventilator
of a form approved by the department of buildings.
L. 1882, ch. 410, $ 650.
$ 13087 PLUMBING OF TENEMENT HOUSES. : 635
Water-closets, privies and sinks.
§ 1308. Every tenement and lodging-house or building shall be
provided with as many good and sufficient water-closets, improved
privy sinks, or other similar receptacles, as the department of
health shall require, but in no case shall there be less than one for
every fifteen occupants. The water-closets, sinks, receptacles,
shall have proper doors, soil pipes, and traps, all of which shall be
properly ventilated to prevent the escape of deleterious gas and
odors, soil, pans, cisterns, pumps and other suitable works and fix-
tures, necessary to insure the efficient operation, cleansing, and
flushing thereof. Every tenement or lodging-house situated upon
a lot on a street or avenue in which there is a sewer, shall have
a separate and proper connection with the sewer; and the water-
closets, sinks, and other receptacles shall be properly connected
with the sewer by proper pipes made thoroughly air-tight. Such
sewer connection, and all the drainage and plumbing work, water-
closets, sinks and other receptacles, in and for every tenement and
lodging-house shall be of the form, construction, or arrangement,
location, materials, workmanship and description as may be
required by the rules and regulations of the department of buildings
of The City of New York. Every owner, lessee and occupant shall
take adequate measures to prevent improper substances from enter-
ing such water-closets, or sinks, or their connections, and to secure
the prompt removal of any improper substances that may enter
them, so that no accumulation shall take place, and so as to pre-
vent any exhalations therefrom, offensive, dangerous and preju-
dicial to life or health, and so as to prevent the same from being or
becoming obstructed. Every person who shall place filth, urine or
fecal matter in any place in a tenement-house other than that pro-
vided for the same, and every person who shall keep filth, urine or
fecal matter in his apartment or upon his premises such length of
time as to create a nuisance shall be guilty of a misdemeanor. No
privy, vault or cess-pool shall be allowed in, under, or connected
with any such house except when it is unavoidable, and a permit
therefor shall have been granted by the department of health, and
in such case it shall be constructed in such situation and in such
manner as the department of buildings may direct. It shall in all
cases be water-tight and arched or securely covered over, and no
tensive smell or gases shall be allowed to escape therefrom, or
om any closet, sink or privy. In all cases where a sewer exists in
e street or avenue, upon which the house or building stands, the
are or area shall be connected with the sewer, so that all water
hom the roof or otherwise, and all liquid filth shall pass freely into
636
OCCUPATION OF CELLARS. [S$ 1308, 1309
the sewer. Where there is no sewer in the street or avenue, or
adjacent thereto, with which connection can be made, the yard and
area shall be so graded that all water from the roof or otherwise,
and all filth shall flow freely therefrom into the street gutter, by
a passage beneath the sidewalk, which passage shall be covered
by a permanent cover, so arranged as to permit access to remove
obstructions or impurities. :
L. 1882, ch. 410, $ 653, as amd. by L. 1889, ch. 211.
Cellars and basements of tenement-houses not to be occupied for living
purposes, except in certain cases.
§ 1309. It shall not be lawful, without a permit from the depart-
ment of buildings, to construct, during the erection of a tenement or
lodging-house, nor after the completion of such tenement or lodging-
house, any room or rooms in any basement or cellar to be occupied
wholly or in part as a dwelling, nor shall it be lawful without a per-
mit from the department of health to let, occupy, or suffer to be
occupied separately as a dwelling, any vault, cellar or underground
room, built or rebuilt after July first, eighteen hundred and sixty-
seven, or which shall not have been so let or occupied before
said date. It shall not be lawful, without such permit, to let or
continue to be let, or to occupy or suffer to be occupied separately
as a dwelling, any vault, cellar, basement, or room wholly or in part
underground, unless the same be in every part thereof at least seven
feet in height, measured from the floor to the ceiling thereof, fior
unless the same be for at least two feet of its height above the
surface of the street or ground adjoining or nearest to the same,
nor unless there be outside of and adjoining the said vault, cellar,
room or basement, and extending along the entire frontage
thereof, and upwards from six inches below the level of the floor
thereof up to the surface of said street or ground, an open space of
at least two feet and six inches wide in every part, nor unless the
same be well and effectually drained by means of a drain, the upper-
most part of which is one foot at least below the level of the floor
of such vault, cellar or room, nor unless there is a clear space of not
less than one foot below the level of the floor, except where the
same is cemented, nor unless there be appurtenant to such vault;
cellar, or room, the use of a water-closet or privy kept and provided
as in this title required; nor unless the same have an external will
dow opening of at least nine superficial feet clear of the sash frame,
in which window opening there shall be fitted a frame filled wit
glazed sashes, at least four and a half superficial feet of which sha
be made so as to open for the purpose of ventilation. In the case
S$ 1309, 1310]
637
OCCUPATION OF CELLARS.
of an inner or back vault, cellar, or room, let or occu-
pied along with a front vault, cellar, or room, as part of
the same letting or occupation, it shall be a sufficient com-
pliance with the provisions of this section if the front
room is provided with a window, as hereinbefore provided, and if
the said back cellar or room is connected with the front vault, cellar,
or room, by a door, and also by a proper ventilating or transom
window, and where practicable, also connected by a proper venti-
lating or transom window, or by some hall or passage communicat-
ing with the external air. In any area adjoining a vault, cellar,
underground room, or basement, there may be steps necessary for
access to such vault, cellar, or room, if the same be so placed as not :
to be over, across or opposite to the said external window, and so as
to allow between every part of such steps and the external wall of
such vault, cellar or rooms, a clear space of six inches at least, and
if the rise of said steps is open; and provided further that over or
across any such area, there may be steps necessary for access to .
any building above the vault, cellar or room to which such area
adjoins, if the same be so placed as not to be over, across or oppo-
site to any such external window.
L. 1882, ch. 410, § 654, as amd. by L. 1895, ch. 567.
Cellars and vaults not to be used for sleeping-rooms.
§ 1310. No vault, cellar, or underground room shall be occupied
as a place of lodging or sleeping, except the same shall be approved,
in writing, and a permit given therefor by the board of health. No
wall paper shall be placed upon a wall or ceiling of any tenement or ·
lodging-house, unless all wall paper shall be first removed there-
irom, and said wall and ceiling thoroughly cleansed. Every tene-
ment or lodging-house, and every part thereof, shall be kept clean
and free from any accumulations of dirt, filth, garbage or other mat-
ter in or on the same, or in the yard, court, passage, area or alley
connected with it, or belonging to the same. The owner or keeper
of any lodging-house, and the owner or lessee of any tenement-
house or part thereof, shall thoroughly cleanse all the rooms,
passages, stairs, floors, windows, doors, walls, ceilings, privies, cess-
pools, and drains of the house or part of the house of which he is
the owner or lessee, to the satisfaction of the department of health,
Oolten as he shall be required by or in accordance with any order
the board of health and any regulation or ordinance of said
partment, and shall well and sufficiently, to the satisfaction of the
health department, whitewash the walls and ceilings thereof
once at least in every year.
· 188%, ch. 410, 88 655, 657, as amd. by L. 1895, ch. 567.
638
BUSINESS USES OF TENEMENTS. [S$ 1311-1313
Transoms, windows, doors, etc.
§ 1311. All transoms, windows, doors and other openings lead-
ing into halls, or into rooms opening into halls, from bakeries or
places of business, in which fat is boiled in the basements, cellars
or on the first floors, of all tenement-houses in The City of New
York, shall be solidly closed with the same material as the walls or
partitions in which, the openings exist, so that there shall be no
opening between said bakeries, or other places of business of said
floor in which fat is boiled, and the other parts of the tenement-
house in which the same shall be situated. All transoms and win-
dows opening into halls from any portion of said door of any
tenement-house where paint, oils, spirituous liquors or drugs are
stored, or kept for the purpose of sale, or otherwise, shall be glazed
with wire glass, or they shall be removed and closed up as solidly
as the rest of the wall; and all doors leading into such hall, or room
from such portion of saïd floor, of said tenement-house used as
aforesaid, shall be made fire-proof.
L. 1895, ch. 567, 8 5.
Certain occupations and business prohibited in tenement-houses.
§ 1312. Every tenement or lodging-house shall have the proper
and suitable conveniences or receptacles for receiving garbage and
other refuse matters. No tenement or lodging-house or premises,
nor any portion thereof, shall be used as a place of storage for any
combustible article, or any article dangerous to life or detrimental
to health; nor shall any horse, cow, calf, swine, pig, sheep or goat
be kept in said house or on the premises thereof. No bakery or
place of business in which fat is boiled shall be maintained in any
tenement-house which is not fire-proof, or where the ceiling and
side walls of place, where said fat boiling is done, are not made
safe by fire-proof material around the same, except by permit of and
under such conditions as may be prescribed by the fire department;
no part of any tenement-house shall be used for the storage of feed,
hay, or straw, except by permit of and under such conditions as
imay be prescribed by the fire department.
L. 1882, ch. 410, 8-656, as amd. by L. 1895, ch. 567.
Tenements, etc., to be cleansed; owners' names to be registered in
partment of health.
§ 1313. Every owner of a tenement or lodging-house and
person having control of a tenement or lodging-house, shall,
the department of health, a notice containing his name and add
and also a description of the property, by street number or other
SS 1313, 1314] OWNERS OF TENEMENTS TO BE REGISTERED. 639
wise, as the case may be, in such manner as will enable the depart-
ment of health easily to find the same; and also the number of
apartments in each house, the number of rooms in each apartment,
the number of families occupying the apartments, and the trades
or occupations carried on therein. In case of a transfer of any tene-
ment-house, or lodging-house, it shall be the duty of the grantor
and grantee of said tenement or lodging-house to file in the depart-
ment of health a notice of such transfer, stating the name of the new
owner, within thirty days after such transfer. In case of the devo-
lution of said property by will, it shall be the duty of the executor
and of the devisee, if more than twenty-one years of age, and in case
of the devolution of such property by inheritance without a will, it
shall be the duty of the heirs, or in case all of the heirs are under
age, it shall be the duty of the guardians of such heirs, and in case
said heirs have no guardians, it shall be the duty of the adminis-
trator of the deceased owner of said property to file in said depart-
ment a notice, stating the death of the deceased owner, and the
names of those who have sụcceeded to his interest in said property,
within thirty days after the death of said decedent, in case he died
intestate, and within thirty days after the probate of his will, if he
died testate. A failure to file such notice shall make said prop-
erty, and the owners thereof, liable to a penalty of not less than ten
dollars nor more than fifty dollars. Said penalty may be recovered
in an action brought by the health department, as provided in this
act. Every person claiming to have an interest in any tenement
of lodging-house may file his name and address in the department
of health. All notices and orders of the department of health
Tequired by law to be served in relation to a tenement or lodging-
house, shall be served by posting in some conspicuous place in
he house a copy of the notice or order, five days before the time
101 doing the thing, in relation to which said notice or order was
issued. The posting of a copy of an order or notice, in accordance
with this section, shall be sufficient service upon the owner of the
property affected. It shall be the duty of the department of health
Cause a copy of every such notice or order to be mailed, on the
sarne day that it is posted in the house, addressed to the name and
Iress of each person who has filed with the department of health
the notice provided for in this section.
1882, ch. 410, § 657, as amd. by L. 1895, ch. 567.
uspection twice a year; officers to have access.
8.1314. It shall be the duty of the board of health to cause a care-
uspection to be made of every. tenement and lodging-house
640
INSPECTION OF TENEMENT HOUSES. [S$ 1314, 1315
at least twice in each year. And whenever the board of health
has made any order concerning a tenement or lodging-house it
shall cause a reinspection to be made of the same within six
days after it has been informed that the order has been served.
The keeper of any lodging-house and the cwner, agent of the
owner, lessee or occupant of any tenement-house, and every other
person having the care and management thereof, shall, at all times,
when required by any officer of the department of health, or by any
officer upon whom any duty is conferred by this title, give him
free access to such house, and to every part thereof. The owner
or keeper of any lodging-house, and the owner, agent of the owner
and the lessee of any tenement-house or part thereof, shall, when-
ever any person in such house is sick of fever, or of any infectious,
pestilential or contagious disease, and information thereof has been
given to such owner, keeper, agent or lessee, give immediate notice
thereof to the board of health, or to some officer of the same, and
thereupon said board shall cause the same to be immediately cleansed
or disinfected, at the expense of the owner, in such manner as it may
deem necessary and effectual, and it may also cause the blankets,
bedding and bed-clothes used by any such sick person to be thor-
oughly cleansed, scoured and fumigated, or, in extreme cases, to be
destroyed.
L. 1882, ch. 410, § 658, as amd. by L. 1887, ch. 84.
Infected and uninhabitable houses to be condemned by board of health.
§ 1315. Whenever it shall be certified to the board of health of
The City of New York by the sanitary superintendent or an assist-
ant sanitary superintendent that any building or any part thereo
in The City of New York is infected with contagious disease, or by
reason of want of repair has become dangerous to life, or is unn
for human habitation because of defects in drainage, plumbing, vello
tilation, or the construction of the same, or because of the existence
of a nuisance on the premises, which is likely to cause sicknicas
among its occupants, the said board of health may issue an oro
requiring all persons therein to vacate such building or part th
for the reasons to be stated therein as aforesaid. Said board sh
cause said order to be affixed conspicuously in the building of par
thereof and to be personally served on the owner, lessee, agent, o
pant, or any person having the charge or care thereof; if the owl
lessee or agent cannot be found in The City of New York or do
reside therein, or evades or resists service, then said order may
served by depositing a copy thereof in the post-office in The Cit
New York, properly enclosed and addressed to such owner, lesse
mer.
e or
88 1315, 13167 CONDEMNATION OF TENEMENT HOUSES.
641
agent at his last known place of business and residence, and prepay-
ing the postage thereon; such building or part thereof shall, within
ten days after said order shall have been posted and mailed as afore-
said, or within such shorter time, not less than twenty-four hours,
as in said order may be specified, be: vacated, but said board of
health whenever it shall become satisfied that the danger from said
building or part thereof has ceased to exist, or that said building has
been repaired so as to be habitable, may revoke said order.
L. 1882, ch. 410, $ 659, as amd. by L. 1887, ch. 84.
(a) Injunction will not lie
aganst the enforcement of an or-
der of the board of health that a
tenement-house be vacated as con-
stituting a public nuisance because
of its unhealthy condition, but the
owner's remedy, if the board has
acted without justification, is to
sue for damages under § 1196, ante.
Egan v. Health Dept. of N. Y., 9
App. Div. 431; S. C., 41 N. Y. Supp.
352.
(b) It seems that the provision
of this section which empowers the
board of health to revoke an order
vacating a building when it shall
have become satisfied that the ap-
prehended danger has ceased, does
not vest the board with an arbi-
trary discretion; the section im-
poses a duty upon the board to re-
voke such an order when the
justice of the case demands it.
Egan v. The Board of Health, Sup.
Ct., S. T.; N. Y. Law Journal, Mch.
19, 1897.'
Proceedings for condemnation prescribed.
§ 1316. Whenever, in the opinion of the board of health of The
City of New York, any building or part thereof in The City of New
York, an order to vacate which has been made by said department,
is, by reason of age, defects in drainage, plumbing, infection with
contagious disease, or ventilation, or because of the existence of
a nuisance on the premises, which is likely to cause sickness among
its occupants, or among the occupants of other property in The
City of New York, or because it stops ventilation in other buildings,
or otherwise makes or conduces to make other buildings adjacent
to the same unfit for human habitation, or dangerous or injurious to
• health, or because it prevents proper measures from being carried
into effect for remedying any nuisance injurious to health, or because
of other sanitary evils in respect of such other buildings, so unfit for
numan habitation that the evils in, or caused by said building, cannot
remedied by repairs, or in any other way except by the destruc-
won of said building, or a portion of the same, said board of health
may, if it deem such course just and proper, condemn the same and
Wuer it removed; provided, however, that the owner or owners of
building may demand a survey of said building in the manner
provided for in case of unsafe buildings, and may institute proceed-
188, in the supreme court in The City of New York for the
demnation of said building. Said proceeding shall be instituted
ugh a petition addressed to said court containing a brief state-
41
642
C
PROCEEDINGS FOR CONDEMNATION.
[$ 1316
ment of the reasons therefor, and shall not be required to contain
further allegations of facts, than those which have actuated the
board of health in this proceeding, which shall then be carried on
in the manner prescribed by chapter twenty-one of this act. The
owner of said building, or any person interested therein may in his
answer dispute the necessity of the destruction of said building, or
part thereof, as the case may be. In such case, the court shall not
appoint commissioners unless proof is made of the necessity of such
destruction. In such proceeding evidence shall be receivable by
the commissioners to prove:
I. That the rental of the building was enhanced by reason of
the same being used for illegal purposes, or being so overcrowded
as to be dangerous or injurious to the health of the inmates; or
2. That the building is in a state of defective sanitation, or is not
in reasonably good repair; or
3. That the building is unfit, and not reasonably capable of being
mnade fit, for human habitation; and, if the commissioners are satis-
fied by such evidence, then the compensation-
(a). Shall in the first case, so far as it is based on rental, be on
the rental of the building, as distinct from the ground rent, which
would have been obtainable if the building was occupied for legal
purposes, and only by the number of persons whom the building
was under all the circumstances of the case, fitted to accommodate
without such overcrowding as is dangerous or injurious to the
health of the inmates; and
(b). Shall in the second case be the amount estimated as the value
of the building if it had been put into a sanitary condition, or into
reasonably good repair, after deducting the estimated expense of
putting it into such condition or repair; and
(c). Shall in the third case be the value of the materials of the
building.
For the payment of all awards and the expenses of all such pro-
ceedings, the comptroller shall issue and sell from time to time as.
may be necessary and in the manner hereinbefore provided, corpo.
rate stock of The City of New York.
L. 1882, ch. 410, 8 659, as amd. by L. 1895, ch. 567. *
in
(a) The fact that this section
does not provide for a hearing be-
fore the board of health before
issuing the order prescribed therein
does not make the issuance of such
an order a taking of property with
out due process of law within the
meaning of the constitutional pro-
hibition, since the order is not
final, but is merely an initiatory
step in the scheme provided
this section and section 1315, amics
which must be followed by the
ceedings for the condemnation ;
property as provided herein ?
order to become effective. Denne
Board of Health, Sup. Ct., a
N. Y. Law Journal, Mch. 19, 100,7
(6) The fact that the institution
of proceedings to condemn
ective. Egan v.
ST
$ 1316–1318] CONSTRUCTION OF TENEMENT HOUSES.
643
erty under this section are couched
in permissive terms does not make
their institution discretionary with
the board of health. The property
owner has pecuniary rights which
must be protected, and the board
of health are bound to institute the
proceedings in a proper case. Egan
v. The Board of Health, supra.
(c) What evidence held sufficient
to make out a prima facie case for
the board of health in a proceed-
ing to condemn property under
this section. Health Dept. v. Das-
sori, N. Y. Law Journal, Jan, 20,
1897.
(d) In reviewing the determina-
tion of the board of health, that a
building should be removed by
reason of its unsanitary condition,
the courts will not reverse the de-
cision of the board unless it ap-
pears that their action has been
arbitrary, oppressive or repugnant
to justice. Egan v. The Board of
Health, supra.
Houses hereafter erected to comply with additional requirements.
§ 1317. No house hereafter erected shall be used as a tenement-
house or lodging-house, and no house heretofore erected and not
now used for such purpose, shall be converted into, used, or leased
for a tenement or lodging-house, unless, in addition to the require-
ments hereinbefore contained, it conforms to requirements con-,
tained in the following sections of this title.
L. 1882, ch. 410, $ 660.
Construction of tenement-houses and spaces prescribed for building
the same.
$ 1318. It shall not be lawful, without a permit from the depart-
ment of buildings, to alter, erect or convert to the purposes of
a tenement or lodging-house, a building on any lot where there is
another building on the same lot; nor shall it be lawful to build
or to erect any building on any lot whereon there is already a tene-
ment or lodging-house, unless there is a clear open space exclu-
sively belonging thereto, and extending upward from the ground
Ci at least ten feet between said buildings if they are one story high
above the level of the ground; if they are two stories high, the dis-
tance between them shall not be less than fifteen feet; if they are
three stories high, the distance shall not be less than twenty feet; if
they are more than three stories high, the distance between them
shall not be less than twenty-five feet, but when thorough ventilation
such open spaces can be otherwise secured, such distances may be
lessened or modified in special cases by a permit from the depart-
ient of buildings. At the rear of every building hereafter erected
or converted to the purposes of a tenement or lodging-house
or any lot, there shall be and remain a clear open space of not less
han ten feet between it and the rear end of the lot. No one con-
luous building hereafter constructed, shall be built or converted
he purposes of a tenement or lodging-house in The City of New
ik, upon an ordinary city lot, and no existing tenement or lodg-
me
644
18 1318
CONSTRUCTION OF TENEMENT HOUSES.
ing-house shall be enlarged or altered, or its lot be diminished, so
that it shall occupy more than sixty-five per centum of the area of
said lot, but where the light and ventilation of such tenement or
lodging-house, are, in the opinion of the superintendent of build-
ings, materially improved, he may permit such tenement or lodging-
house to occupy an area not exceeding seventy-five per centum of
the said lot, and in the same proportion if the lot be greater or less
in size than twenty-five by one hundred feet; but this provision shall
· not apply to corner lots, in which, however, no such building here-
after constructed, above the first story, shall occupy more than
ninety-two per centum of the area of a lot, and no such building
shall come within five feet of the rear of said lot, provided, further,
that in all cases, both for corner and interior lots, the interior courts
or shafts shall not be less than two feet four inches wide at their
narrowest parts. In computing the amount of the lot covered by
a building, any shaft or court of less than twenty-five square feet in
area shall be considered as part of the building and not as part of the
free air space. No shaft or court, over ten square feet in area,
hereafter constructed in a tenement-house or lodging-house, except
elevator shafts or staircase wells, shall be covered with a roof, sky-
light or otherwise. In all tenement-houses hereafter constructed
or buildings hereafter converted to the purposes of a tenement-
house, the stairway communicating between said cellar or base-
ment and the floor next above, when placed within any such build-
ing, shall be enclosed with brick walls, and such stairway shall be
provided with fire-proof doors at the top and bottom of said flight
of stairs. An open area, shall be constructed from the level of the
cellar to the sidewalk in front and extending the full width of such
houses, with a staircase to give access to the cellar from the street.
Where stores are located on the first floor the area may be covered
with suitable vault lights or gratings. In all tenement-houses here-
after constructed, or building hereafter converted to the purposes
of a tenement-house, the openings to the elevators or lifts in the
cellar, and at every opening, on every story, shall be provided with
self-closing fire-proof doors. This provision, however, shall not
apply to such elevators in tenement-houses as are operated by
a conductor stationed within the car; but if such elevators run to
the cellar, they must be inclosed in the cellar with fire-proof walls,
and the door to the cellar, if any, must be fire-proof and self-closing
In all tenement-houses hereafter constructed, or buildings hereaft
converted to the purposes of a tenement-house, all staircases s
be fire-proof; but this provision as to staircases shall not apply,
buildings which are not over five stories high above the cellar, at
1
$ 1318] CONSTRUCTION OF TENEMENT HOUSES.
645
TTT
YTA
which contain not more than three suites of rooms on a floor.
Every tenement-house hereafter constructed, or buildings hereafter
converted to the purpose of a tenement-house, exceeding three
stories in height, or having a basenient with three stories above the
cellar, shall have the entrance hall and entire stairwell and stairs,
built of slow-burning construction or fire-proof material; no wain-
scoting shall be allowed in the main halls except of cement, or other
fire-proof material; at least one flight of such stairs shall extend to
the roof, and be inclosed in a bulkhead building of fire-proof mate-
rial. In all tenement-houses hereafter constructed, and buildings
hereafter converted to the purposes of a tenement-house, each room
must have a separate window opening into the outer air; each water-
closet must have a window opening into the outer air, and such
water-closet inclosure if provided with a ventilating flue or duct,
may have the window opening on any court or shaft containing at
least twenty-five square feet in area; the floor of each water-closet
must be made water-proof with asphalt, cement, tile, metal or some
other water-proof material; and such water-proofing must extend at
least sixteen inches above the floor except at the door opening so
that said floor can be washed or flushed out without leaking. The
light and ventilation, of all buildings hereafter erected for, or con-
verted to the purpose of tenement or lodging-houses, must be pro-
vided in accordance with the requirements of this title, and the
conditions of a plan and permit previously approved in writing by
the department of buildings, and no existing tenement or lodging-
house shall be enlarged or altered or its lot diminished without
a similar permit. The department of buildings is hereby empow-
ered, and directed to make rules and regulations not inconsistent
with the requirements of this title, and which in addition to the
requirements of this title, shall be the conditions of approval of
the plans and permits; the rules and regulations shall govern the
arrangement and distribution of the uncovered area, size, lighting,
location and arrangement of shafts, rooms, cellars and halls. No
building or premises occupied for a tenement-house shall be used
lor a lodging-house, private school, stable or for the storage and
handling of rags, but the department of health may, by special per-
mit, fixing the conditions thereof in writing, and providing there be
the necessary cubic air space and ventilation, allow the maintenance
of a private school in such a house. In case of any violation of the
provisions of this section, or of any failure to comply with, or of any
holation of the terms and conditions of the plan for such tenement
o lodging-house approved by the department of buildings, or of
me conditions of the permits granted as hereinbefore provided, or
646
VENTILATION OF TENEMENT HOUSES. [S$ 1318–1320
for the air, light and ventilation of the said house, or premises, any
court of record, or any judge or justice thereof shall have power,
at any time after service of notice of violation, or of non-compliance,
upon the owner, builder or other person superintending the building
or converting any such house, upon proof by affidavit of any viola-
tion or non-compliance as aforesaid, or that a plan for light and
ventilation of such house has not been approved by the department
of buildings, to restrain by injunction order, in any action by the
department of buildings, or by the board of health, the further
progress of any violation as aforesaid. No undertaking shall be
required as a condition of granting an injunction, or by reason
thereof.
L. 1882, ch. 410, $ 661; L. 1891, ch. 204; L. 1895, ch. 567.
Dimensions and ventilation of rooms.
§ 1319. In every such house hereafter erected or converted every
habitable room, except rooms in the attic, shall be in every part
not less than eight feet in height from the floor to the ceiling; and
every habitable room in the attic of any such building shall be at
least eight feet in height from the floor to the ceiling, through-
out not less than one-half the area of such room. Every such room
shall have at least one window connecting with the external air, or
over the door a ventilator of perfect construction, connecting it with
a room or hall which has a connection with the external air, and
so arranged as to produce a cross-current of air. The total area of
window or windows in every room communicating with the external
air shall be at least one-tenth of the superficial area of every such
room; and the top of one, at least, of such windows shall not be
less than seven feet six inches above the floor, and the upper half,
at least, shall be made so as to open the full width. Every habit-
able room of a less area than one hundred superficial feet, if it does
not communicate directly with the external air, and is without an
open fireplace shall be provided with special means of ventilation,
by a separate air shaft extending to the roof, or otherwise, as the.
board of health may prescribe.
L. 1882, ch. 410, $ 662.
Chimneys, ash receptacles, water, cellar floor, ceilings and gas in tener
ment-houses.
§ 1320. Every such house erected after May fourteenth, eighteen
hundred and sixty-seven, or converted, shall have an adequate
chimney for a stove, properly connected with one of said chimney,
for every family set of apartments. It shall have proper conve
$ 1320] WATER AND GAS IN TENEMENT HOUSES.
647
iences and receptacles for ashes and rubbish. It shall have water
furnished in sufficient quantity at one or more places on each floor,
occupied or intended to be occupied by one or more families; and
all tenement-houses shall be provided with a like supply of water
by the owners thereof, whenever they shall be directed so to do by
the board of health. But a failure in the general supply of water
by the city authorities, shall not be construed to be a failure on the
part of such owner, provided that proper and suitable appliances
to receive and distribute such water are placed in said house. The
board of health shall require all tenement-houses to be so supplied.
Every tenement-house shall have the floor of the cellar made water-
tight; and the ceiling plastered, and when the house is located over
filled-in ground, or over marshy ground, or ground on which water
lies, the cellar floor shall be covered so as to effectually prevent
evaporation or dampness. It shall be the duty of the department
of health to see that the cellars of all tenement-houses are so made
or altered as to comply with this section. Every such house erected
after May seventh, eighteen hundred and eighty-seven, or con-
verted, shall have the halls on each floor open directly to the exter-
nal air, with suitable windows, and shall have no room or other
obstruction at the end, unless sufficient light or ventilation is other-
wise provided for in said halls, in a manner approved by the depart-
înent of buildings. The owner or lessee of every tenement or lodg-
ing house in The City of New York shall keep a light burning in the
hallway upon each floor of said house from sunset until ten p. m.
throughout the year. In every tenement-house in the said city in
which there is a hallway or hallways with no windows opening from
such hallway outside of said house, a light shall be maintained by
said owner or lessee in each such hallway, between the hours of
eight A. M. and ten P. M. of each day unless said hallway shall be
otherwise sufficiently lighted. The fire department of The City of
New York is hereby vested with authority to prescribe reasonable
regulations concerning such precautions as may be necessary to
prevent danger from fire arising from such lights.
L. 1882, ch. 410, S 668; L. 1891, ch. 39; L. 1895, chi 567.
ha The provision of this section
which provides that tenement-
houses in the city of New York
"shall have water furnished in suf-
Ticient quantity at one or more
Places on each floor, occupied or
intended to be occupied by one or
more families," and that “all tene-
ment-houses shall be provided with
S supply of water by the
owner thereof whenever they shall
be directed so to do by the board
of health," is constitutional and
valid as an exercise of the police
valid as
power of the State. Health Dept.
v. Rector, etc. of Trinity Church,
145 N. Y. 32; S. C., 1 N. Y. Ann.
Cases, 241; rev'g 43 N. Y. St. Rep.
142; s. C., 17 N. Y. Supp. 510.
(6) The provision of the section
is not invalid because of the fact
that it
that it will cost money to comply
a
li
648
OVERCROWDING OF TENEMENT HOUSES. [$$ 1320-1322
with the order of the board of (d) The provision of this section
health, for which the owner is to requiring a supply of water “at
receive no compensation, or be-.. one or more places” on each floor
cause the board is entitled to make is not to be so construed as to
the order under the provisions of leave the number of places of sup-
the act without notice to, and a ply entirely to the discretion of the
hearing of the owner. Id.
board of health, but in view of the
(c) This section is intended to purpose of the supply, one such
promote the prompt extinguish place on each floor, fairly accessi-
ment of fires and their pre ble to all the occupants of the
vention, as well as the pro floor, would be all that could
tection and promotion of the usually and reasonably be required,
health of the occupants of such and anything further would be un-
houses, and accordingly is further reasonable, and, therefore, beyond
to be sustained as an exercise of the power of the board to or-
the police power of the State in re- der. Id.
spect to the prevention of fires. Id.
Overcrowding of tenement-houses prohibited; housekeeper in same re-
quired.
§ 1321. Whenever it shall be certified to the department of health
by the sanitary superintendent, or an assistant sanitary superin-
tendent, that any tenement-house or room therein, being without
sufficient ventilation, is so overcrowded that there shall be afforded
less than four hundred cubic feet of air to each adult, and two hun-
dred cubic feet of air to each child under twelve years of age,
occupying such building or room, the said department shall issue an
order requiring the number of occupants of such building, or room,
to be reduced in accordance with this provision. Whenever there
shall be more than eight families living in any tenement-house, in
which the owner thereof does not reside, there shall be a janitor,
housekeeper or some other responsible person, who shall reside in
the said house, and have charge of the same, if the department of
health shall so require. Permits may be granted by the board of
health to the owners of lodging-houses on compliance with the rules
and regulations of the sanitary code in The City of New York, and
the conditions of each permit, which shall be in writing.
L. 1882, ch. 410, $ 664, as amd. by L. 1895, ch. 567.
Penalties for violations of provisions concerning tenement-houses.
§ 1322. Every owner or other person violating any provision of
this title shall be guilty of a misdemeanor, punishable by a fine of
not less than ten dollars or more than one hundred dollars, or by
imprisonment for not more than ten days for each and every day
that such violation shall continue, or by both such fine and impris
onment, in the discretion of the court. He shall also be liable to
pay a penalty of ten dollars for each day that such offense shall
continue. Such penalty may be sued for and recovered by the
department of health in any civil tribunal of said city, and when
SS 1322, 1323] PENALTIES FOR VIOLATIONS. : 649
recovered shall be paid over to the chamberlain. In every pro-
ceeding for a violation of this title, and in every such action for
a penalty, it shall be the duty of the owner of the house to prove the
date of its erection, or conversion to its existing use, if that fact shall
become material, and the owner shall be, prima facie the person
liable to pay such penalty, and after him the person who is the lessee
of the whole house, in preference to the tenant or lessee of a part
thereof. In any such action the owner, lessee, and occupant, or.
any two of them, may be made defendants, and judgment may be
given against the one or more shown to be liable, as if he or they
were sole defendant or defendants. No part of chapter two hun-
dred and seventy-five of the laws of eighteen hundred and ninety-
two, or of any other act shall be so construed as to abrogate or
impair the power of the department of health to sue for and recover
such a penalty whether the liability to pay said penalty shall arise
from a violation of the laws, or ordinances or sections of the sani-
tary code, in regard to light, ventilation, plumbing and drainage,
so far as the same affects the sanitary condition of the premises; .
and except that the department of buildings of The City of New
York shall have jurisdiction and cognizance over all matters and
things in this title contained which relate to the construction or
alteration of buildings or structures, or any part thereof, and as to
the light, ventilation, drainage and plumbing of such buildings
when in process of construction or alteration. Any penalty herein
above mentioned for a violation of the provisions of this title, in
respect to the matter aforesaid, within the jurisdiction and cogni-
zance of the department of buildings, shall be sued for and recov-
ered in the same manner as the violations of the building laws of
The City of New York are now sued for and recovered by the
department of buildings in The City of New York, and said penalty
So collected shall be paid to the chamberlain of The City of New
york to be applied as other penalties collected by said departments
are applied.
L. 1882, ch. 410, § 665, as amd. by L. 1895, ch. 567.
1
Power of department of buildings and of board of health to make other
regulations relative to tenement or lodging-houses.
$ 1323. The department of buildings shall have authority to
make other regulations as to light and ventilation of all new tene-
uent or lodging-houses consistent with the foregoing, when it shall
de satisfied that such regulations will secure equally well the health
nd safety of the occupants; likewise the board of health shall
have authority to make other regulations as to cellars and as to
650
[83 1323–1325
SANITARY POLICE.
ventilation in completed buildings, consistent with the foregoing,
where it shall be satisfied that such regulations will secure equally
well the health of the occupants. The board of health shall have
power to appoint all the officers and agents of the department of
health, of whatever name or character soever, and shall have exclu-
sive charge and control of, and the exercise of, all the rights,
powers, duties and privileges of said department, and for this pur-
pose the terms “Board of Health” and “Department of Health,"
as used in this chapter, shall be deemed synonymous.
L. 1882, ch. 410, $ 667, as amd. by L. 1895, ch. 567.
Sanitary company of police.
§ 1324. The board of health shall make requisitions upon the
police board for the detail of at least fifty and not more than one
hundred suitable officers and men of at least five years' service in
the police force, who shall be selected for their peculiar fitness, for
the enforcement of the provisions of the sanitary code and the acts
relating to tenement and lodging-houses. These officers and men
shall be detailed to such service by the police board, and the depart-
ment of health shall pay to the police department monthly, the
amount of the pay of the officers and men so detailed, who shall
belong to the sanitary company of the police and shall report to the
board of health. At least thirty of the officers and men so detailed
shall be employed exclusively in the enforcement of the laws relat-
ing to tenement and lodging-houses. The board of health may
report back to the police board for punishment, any member of said
company guilty of any breach of orders or discipline, or of neglect-
ing his duty, and thereupon the police board shall detail another
officer or man in his place, and the discipline of the said members
of the sanitary company shall be in the jurisdiction of the police
department; but at any time the board of health may object to the
efficiency of any member of said sanitary company and thereupon
another officer or man shall be detailed in his place.
L. 1882, ch. 410, § 296, as amd. by L. 1895, ch. 567.
This chapter a remedial statute.
§ 1325. This chapter is hereby declared to be a remedial statute
and is to be construed liberally to secure the beneficial interests
and purposes thereof. Nothing herein contained shall be con-
strued to affect any suit or proceeding now pending in any court,
or any rights acquired or liability incurred, or any cause or causes
of action accrued or existing, whether for a penalty or otherwise,
under any act repealed or amended by this act. All acts and parts
$ 1331]
HEALTH DEPARTMENT PENSIONS.
651
of acts in conflict with this chapter or any part thereof are hereby
repealed.
TITLE 8.
THE HEALTH DEPARTMENT PENSION FUND.
Sec. 1331. Board of trustees of health department pension fund.
1332. What moneys shall be included in pension fund.
1333. Pension for physician or employe disabled by reason of per-
formance of duty.
1334. Pensions to personal representatives of physician or employe
who shall die from disease or injuries suffered in conse-
quence of his performance of duty.
1335. Certificate required in certain cases.
1336. Pension for twenty years' service.
1337. Order of discontinuance of pension in certain cases.
1339. Repeal of acts inconsistent with this title.
Board of trustees of health department pension fund..
$ 1331. The board of health of the health department of The
City of New York is hereby constituted, and shall be a board of
trustees of the health department pension fund heretofore, and
herein, authorized and provided for. The members of said board
of health shall annually choose one of their number to be chairman
of the board of trustees of the health department pension fund,
· and shall from time to time elect a secretary. Immediately upon
organization, said board of trustees shall receive and have charge
of the pension fund, or funds heretofore authorized, and in exist-
ence in any health department, municipality, or county, forming -
a part of The City of New York, provided for officers, physicians,
and employes in the health department service, and such board
of trustees shall have charge of, and administer the pension fund
alithorized and provided for herein. From time to time the said
board of trustees shall invest the said pension fund or any part
thereof, as it shall deem most beneficial to the fund. Said board
is empowered to make all necessary contracts and take all neces-
sary and proper actions and proceedings in the premises, and to
make payment from said fund of pensions granted in pursuance of
this act. The said trustees shall, from time to time, establish such
rules and regulations for the administration of the said fund as
they may deem best. They shall report in detail to the mayor of
The City of New York annually in the month of January, the condi-
non of said fund and the items of their receipts and disbursements
on account of the same. No payments whatever shall be allowed
", or made by, such trustees as reward, gratuity, or compensation
652
MONEY INCLUDED IN PENSION FUND. [S$ 1331-1334
to any person for salary or services rendered to, or for, said board
of trustees.
What moneys shall be included in pension fund.
§ 1332. The health department pension fund shall consist of:
I. All moneys paid for searches and transcripts of the records of
births, marriages and deaths, or other papers of said department
of health.
2. All moneys collected from fines and penalties for violations of
the sanitary code or health laws in The City of New York.
3. All said moneys, including the fines and penalties directed in
section twelve hundred and twenty-two of this act, to be paid to
the comptroller shall, within thirty days after collection of pay-
ment, be paid over by the department, officers, clerks, magistrates
and courts, receiving and collecting the same to the said board of
trustees of the health department pension fund.
Pension for physician or employe disabled by reason of performance
of duty.
§ 1333. The board of trustees of said fund shall have power to
grant as pension to any physician employed in the health depart-
ment of The City of New York, or to any employe of the disinfect-
ing corps of said department or to any employe of the hospitals for
the treatment of contagious and infectious diseases under the
charge of said health department or of the board of health, who
shall, whilst in the actual performance of his duty, and without any
fault or misconduct on his part, have become permanently dis-
abled physically or mentally, so as to be unfit to perform full duty,
a sum not to exceed one-half, nor less than one-fourth of his rate of
compensation per annum as such physician or employe, as the case
may be.
-
e
Pensions to personal representatives of physician or employe who shall
die from disease or injuries suffered in consequence of his perform-
ance of his duty.
§ 1334. Whenever such physician or employe shall die while in
the service of the health department from disease contracted of
injuries sustained by him while in the actual performance of his
duty, without any fault or misconduct on his part, leaving a widow,
the said board of trustees of said pension fund may grant, award of,
pay to the widow of said physician or employe the sum of three
hundred dollars annually, during her life, so long as she remains
a widow; and if there be no widow of any such physician of
$$ 1334-1336] BENEFICIARIES OF PENSION FUND.
05
.
653
employe, but he shall leave minor children under eighteen surviving
him, then said three hundred dollars may be given, awarded and
paid to said children under eighteen years of age.
Certificate required in certain cases.
§ 1335. No physician or employe, as aforesaid, of the health
department, shall be awarded, granted or paid a pension on account
of physical or mental disability or disease, unless upon certificate
and report of a board of physicians, to be appointed by the board
of health, which shall set forth the cause, nature and extent of the
disability, disease or injury of such physician or employe who may
be placed on the pension-roll, and such certificate shall distinctly
state whether or not such disability, disease or injury was incurred
or sustained by such physician or employe while in the performance
of his duties as such physician or employe of the health department,
and such certificate shall, in such case, be filed with, and entered
upon the minutes of the board of health.
1
1
Pension for twenty years' service.
$ 1336. Any such physician or employe who has or shall have
performed duty as such physician or employe in the medical service,
or as a clerk, in any department of health in The City of New York,
for a period of twenty years or upwards, upon his own application,
in writing, or upon a certificate and report of a board of physicians,
appointed by the board of health, certifying that such physician or
employe is permanently disabled so as to be unfit for further
duty as such physician or employe, shall be retired from active
service by resolution of the board of health of the health depart-
ment of The City of New York, and placed upon the health depart-
ment pension-roll, and thereupon shall be awarded, granted and
paid from said health department pension fund by the trustees
thereof, an annual sum during his lifetime, not exceeding one-half
the ordinary full pay of a physician or employe in the health depart-
ment service, of the rank of the physician or employe so retired;
provided, however, that no pension granted under this, or the pre-
ceding sections, shall exceed the sum of twelve hundred dollars per
annum. Pensions granted under this section shall be for the nat-
ural life of the person receiving the same, and shall not be revoked,
repealed or diminished. In determining the term of service of any
slich physician or employe, under this section, service in former
health departments or boards of health having jurisdiction in mat-
ters of public health in any part of The City of New York, as consti-
654
[S$ 1336–1339
ORDER OF DISCONTINUANCE.
tuted by this act, shall be counted and held to be service in the
department of health of The City of New York.
.
Order of discontinuance of pension in certain cases.
§ 1337. The board of health may, in its discretion, order any
pension granted or any part thereof to cease, except as provided
in the last preceding section, but in all such cases the said board of
health, shall file with the board of trustees of the health depart-
ment pension fund, a written statement of the causes determining
the action of the said board of health in ordering any pension to
so cease; and nothing in this act or in any other act, shall render
the granting or payment of such pension obligatory on the board of
health, or upon the trustees of the health department pension fund,
or chargeable as a matter or right upon said fund, except as pro-
vided in the last preceding section.
Repeal of acts inconsistent with this title.
$ 1339. All acts and parts of acts inconsistent with this title are
hereby repealed.
CHAPTER XX.
INFERIOR LOCAL COURTS.
TITLE I. THE CITY COURT OF NEW YORK.
2. THE MUNICIPAL COURT OF THE CITY OF NEW YORK.
3. INFERIOR COURTS OF CRIMINAL JURISDICTION.
4. THE MARSHALS.
TITLE 1.
THE CITY COURT OF NEW YORK.
Sec. 1345. City court of New York continued.
1346. Id.; justices of the court.
§ 1345. The city court shall be continued, and said court and
the justices thereof shall have the same powers and jurisdiction as
are now conferred upon them by law; provided, however, that in
sections three hundred and thirty-eight, thirty-one hundred and
sixty-five, thirty-one hundred and sixty-nine, thirty-one hundred
and seventy and thirty-two hundred and sixty-eight of the code of
civil procedure the word “city” shall be construed to mean and
apply to the territory within The City of New York as it existed
and was constituted prior to the sixth day of June, eighteen hun-
dred and ninety-five.
See Code Civ. Pro., SS 315-339, 3159–3195, 3255.
§ 1346. The justices of said city court in office when this act shall
take effect shall continue to hold office until the expiration of their
respective terms; but the successors of said justices shall be elected
for and hold office for the period of ten years.
See L. 1882, ch. 410, $ 1206.
TITLE 2.
THE MUNICIPAL COURT OF THE CITY OF NEW YORK.
Sec. 1350. Courts, etc., abolished.
1351. Municipal court created.
1352. Justices.
1353. Qualifications, etc., of justices.
1354. Oath.
656
[SS 1350, 1351
MUNICIPAL COURTS.
Sec. 1355. Salary.
1356. Terms.
1357. Vacancies.
1358. Districts.
1359. Borough of The Bronx.
'1360. Borough of Manhattan.
1361. Borough of Brooklyn.
1362. Borough of Queens.
1363. Borough of Richmond.
1364. Jurisdiction.
1365. Id.; continued.
1366. Removal.
1367. Appeals.
1368. Process.
1369. Procedure, etc.
1370. Actions, in what district brought.
1371. Where held.
1372. Seals.
1373. Clerks and assistant clerks.
1374. Board of justices.
1375. Board to make rules.
1376. Concurrence of majority.
1377. Rules of supreme court applicable.
1378. Clerks to administer oaths.
1379. Justices to administer oaths, etc.
1380. Access to court-houses.
1381. Delivery of papers, etc.
1382. Disposition of causes pending in district courts, etc.
1383. Removal.
1384. Justices of district courts, etc., to act till February 1, 1898.
Courts, etc., abolished.
§ 1350. From and after midnight of the thirty-first day of Janu-
ary, eighteen hundred and ninety-eight, the justices' courts and the
office of justice of the peace in the cities of Brooklyn and Long
Island City are abolished, and all jurisdiction, power, authority and
duty theretofore vested in said courts and justices of the peace, and
in the clerks, officers, interpreters, stenographers and employes of
said courts and justices shall cease and determine, except as pro-
vided in the next section and section thirteen hundred and seventy-
two of this act; and from and after the passage of this act no person
shall be elected to the office of district court justice or justice of the
peace in any portion of the territory included within The City of
New York as constituted by this act.
Municipal court created.
$ 1351. On and after the first day of January, eighteen hundred
and ninety-eight, the district courts of The City of New York and
88 1351, 1352] JUSTIÇES OF MUNICIPAL COURTS.
.
657
the justices' courts of the first, second and third districts of the
city of Brooklyn are hereby continued, consolidated and reorgan-
ized under the name of “The Municipal Court of The City of New
York,” which said court shall be a local civil court within The City
of New York as constituted by this act, and shall not be a court of
record or have any equity jurisdiction; but shall have the jurisdic-
tion, powers; duties and organization hereinafter prescribed.
(a) A civil justice of a municipal Mayor, 44 How. Pr. 266; affi'd in 53
court is not an officer of the city N. Y. 627; People ex rel. Phelps v.
government or employed in any of General Sessions, 13 Hun, 395.
its departments. Quin v. The
Justices.
§ 1352. The said court shall be held by justices to be elected or
appointed as follows:
1. The justices of said district courts of The City of New York
and said justices of the peace in the first, second and third dis-
tricts of the city of Brooklyn, in office on the first day of January,
eighteen hundred and ninety-eight, shall continue for the remainder
of the terms for which they were elected or appointed, and shall be
called justices of the municipal court of The City of New York,
and shall have all the powers and jurisdiction and be subject to all
the duties and requirements hereinafter prescribed for justices of
said municipal courts.
Election of successors.
2. The successors of the justices mentioned in the first subdi-
vision of this section shall be elected by the electors of the districts
for which said justices were elected or appointed respectively, as
described and renumbered in sections thirteen hundred and fifty-
nine, thirteen hundred and sixty and thirteen hundred and sixty-one
of this act, at the general election to be held in the year at the end
of which the terms of said justices shall expire.'
Id.; when terms expire in 1897.
3. There shall be elected at the general election to be held on the
first Tuesday succeeding the first Monday of November, in the
year eighteen hundred and ninety-seven, as many justices of said
municipal court as there shall be justices of the said district courts
in The City of New York or justices of the peace of the said first,
second and third districts, in the city of Brooklyn, whose terms
expire at the end of year eighteen hundred and ninety-seven. Such
Justices shall be elected by the electors of the districts for which
such justices whose terms expire in eighten hundred and ninety-
I
42
658
[SS 1352–1355
QUALIFICATIONS OF JUSTICES.
seven were elected or appointed, as described and renumbered in
sections thirteen hundred and fifty-nine, thirteen hundred and sixty
and thirteen hundred and sixty-one of this act.
Additional justices.
4. On or before the twentieth day of January, eighteen hundred
and ninety-eight, the mayor of The City of New York shall appoint
seven additional justices of said municipal court, two of whom shall
be residents of the fourth and fifth districts of the borough of
Brooklyn, three of whom shall be residents of the first, second and
third districts of the borough of Queens, and two of whom shall
be residents of the first and second districts of the borough of Rich-
mond, respectively. The justices so appointed shall hold office till
the thirty-first day of December, eighteen hundred and ninety-nine,
and their successors shall be elected at the general election to be
held in the year eighteen hundred and ninety-nine, and shall be
residents of the same districts as the justices appointed pursuant to
this subdivision.
Qualifications, etc., of justices..
§ 1353. No one shall hereafter be eligible to the office of justice
of the said municipal court unless he be a resident and elector in
the district for which he shall be elected or appointed and has been
an attorney and counsellor-at-law of the state of New York for at
least five years. None of said justices shall engage in any other
business or profession or hold any other public office or act as
referee, but each of said justices shall devote his whole time and
capacity, so far as the public interest demands, to the duties of his
cffice; provided, however, that this restriction shall not apply to the
justices of said court mentioned in subdivision one of section thir-
teen hundred and fifty-two of this act.
| L. 1882, ch. 410, 8 1282.
Oath.
$1354. The justices elected or appointed pursuant to this act
shall, before entering upon their duties, take the oath of office pre-
scribed by the constitution, and file the same with the city clerk.
Salary.
§ 1355. The salary of each of said justices, except those appointed
or elected from the boroughs of Queens and Richmond, shall be six
thousand dollars a year, to be paid in equal monthly instalments
by the proper officers of said city, and the salary of each of said jus:
SS 1355-1360] DISTRICTS OF MUNICIPAL COURTS.
659
tices appointed or elected for the boroughs of Queens and Rich-
mond shall be five thousand dollars a years, to be paid in the same
manner.
L. 1882, ch. 410, $ 1283.
Terms.
$ 1356. The terms of said justices to be elected pursuant to this
title shall be ten years.
See L. 1882, ch. 410, § 1281.
Vacancies.
§ 1357. Vacancies occurring in the office of justice of said court.
shall be filled at the next ensuing general election for the unex-
pired term commencing on the first day of January next after said
election; and the mayor of the city shall appoint some proper per-
son to fill such vacancy in the interim within twenty days after the
same occurs.
· See L. 1882, ch. 410, § 1281.
Districts.
§ 1358. The several boroughs composing The City of New York
are hereby divided into districts, in each of which sessions of said
municipal court shall be held, as specified in the next five sections.
Borough of The Bronx.
§ 1359. In the borough of The Bronx there shall be two districts,
as follows:
1. The first district embracing the territory described in chapter
nine hundred and thirty-four of the laws of eighteen hundred and
ninety-five.
2. The second district embracing the remainder of said borough.
See L. 1895, ch. 934; L. 1896, ch. 942.
Borough of Manhattan.
§ 1360. In the borough of Manhattan there shall be eleven dis-
tricts, as follows:
I. The first district embraces the third, fifth and eighth wards of
said borough of Manhattan, and all that part of the first ward
lying west of Broadway and Whitehall street, including Nuttin or
Governor's island, Bedloe's island, Bucking or Ellis island and the
Oyster islands.
2. The second embraces the second, fourth, sixth and fourteenth
wards, and all that portion of the first ward lying south and east of
Broadway and Whitehall street.
660
DISTRICTS OF MUNICIPAL COURTS. [S$ 1360–1362
3. The third district embraces the ninth and fifteenth wards.
4. The fourth district embraces the tenth and seventeenth wards.
5. The fifth district embraces the seventh, eleventh and thirteenth
wards.
6. The sixth district embraces the eighteenth and twenty-first
wards.
7. The seventh district embraces the nineteenth ward.
8. The eighth district embraces the sixteenth and twentieth
wards.
ġ. The ninth district embraces the twelfth ward, except that
portion thereof which lies west of the center line of Lenox or Sixth
avenue and of the Harlem river north of the terminus of Lenox
avenue.
IO. The tenth district embraces the twenty-second ward and all
that portion of the twelfth ward which is bounded on the north by
the center line of One Hundred and Tenth street, on the south by
the center line of Eighty-sixth street, on the east by the center line
of Sixth avenue and on the west by the North river.
II. The eleventh district embraces that portion of the twelfth
ward which lies north of the center line of West One Hundred and
Tenth street and west of the center line of Lenox or Sixth avenue
and of the Harlem river north of the terminus of Lenox or Sixth
avenue.
L. 1882, ch. 410, § 1280; L. 1884, ch. 286. See Wards in Appendix.
Borough of Brooklyn.
§ 1361. In the borough of Brooklyn there shall be five districts,
as follows:
1. The first district embraces the first, second, third, fourth, fifth,
sixth, tenth and twelfth wards.
2. The second district embraces the seventh, eighth, ninth,
eieventh twentieth, twenty-first, twenty-second and twenty-third
wards.
3. The third district embraces the thirteenth, fourteenth, fifteenth,
sixteenth, seventeenth, eighteenth and nineteenth wards.
4. The fourth district embraces the twenty-fourth, twenty-fifth,
twenty-sixth, twenty-seventh and twenty-eighth wards.
5. The fifth district embraces the twenty-ninth, thirtieth, thirty-
first and thirty-second wards.
See Wards in Appendix.
Borough of Queens.
§ 1362. In the borough of Queens there shall be three districts,
as follows:
88 1362–1364] JURISDICTION OF MUNICIPAL COURTS.
661
1. The first district embraces ward one of said borough.
2. The second district embraces wards two and three of said
borough.
3. The third district embraces wards four and five of said
borough.
See § 1581, post.
Borough of Richmond.
§ 1363. In the borough of Richmond there shall be two districts,
as follows:
I. The first district embraces wards one and three of said
borough.
2. The second district embraces wards two, four and five of said
borough.
See § 1580, post.
Jurisdiction.
§ 1364. Except as provided in the next section the said. muni-
cipal court has jurisdiction in the following civil actions and pro-
ceedings, including an action against a domestic corporation or a
foreign corporation having an office in The City of New York:
I. An action to recover damages upon or for breach of contract,
express or implied, other than a promise to marry, where the sum
claimed does not exceed five hundred dollars.
2. An action to recover damages for a personal injury or an
injury to property, excepting, however, actions to recover damages
for an assault, battery, malicious prosecution, false imprisonment,
libel, slander, criminal conversation, seduction, or loss of society of
a husband or wife, where the sum claimed does not exceed five hun-
dred dollars.
3. An action for a fine or penalty not exceeding five hundred dol-
lars, including an action to recover a penalty given by the charter
of The City of New York or any by-law or ordinance thereof or by
any statute of the state.
: 4. An action upon a bond conditioned for the payment of money
where the sum claimed to be due does not exceed five hundred dol-
lars, the judgment to be rendered for the sum actually due. Where
the sum secured by the bond is to be paid in instalments an action
May be brought for each instalment as it becomes due.
5. An action upon a surety bond or undertaking taken in said
court or in any district court of The City of New York or by any
justice of the peace.
:
662
[$ 1364
JURISDICTION OF MUNICIPAL COURTS.
17
6. An action upon a judgment rendered in said court or in a dis-
trict court of The City of New York or in a justices' court, or in the
inunicipal court of the city of Rochester, or in the municipal court
of the city of Syracuse, or in the municipal court of the city of
Buffalo.
7. An action to recover one or more chattels with or without
damages for the taking, withholding or detention thereof where
the value of the chattel or of all the chattels as stated in the
affidavit made on the part of the plaintiff does not exceed five
hundred dollars, subject to the qualifications specified in sections
sixteen hundred and eighty-nine, sixteen hundred and ninety, six-
teen hundred and ninety-one, and sixteen hundred and ninety-two
of the code of civil procedure.
8. An action in behalf of the people of the state brought by the
direction of a commissioner of public charities or of an overseer
of the poor upon a bastardy or abandonment bond in a case where
it is prescribed by law that such an action can be maintained in
said municipal court of The City of New York or in any court not
being a court of record.
9. An action to recover damages for an escape from the jail
liberties as provided by chapter two, title two, articles four and five
of the code of civil procedure, where the sum claimed does not
exceed one hundred dollars.
10. An action upon the bond of a marshal of The City of New
York in a case where it is prescribed by a special statutory pro-
vision that such an action can be maintained in a district court
or in said municipal court.
II. An action for damages for fraud or deceit in the sale, pur-
chase or exchange of personal property where the damages claimed
do not exceed five hundred dollars.
12. A summary proceeding under title two of chapter seventeen
of the code of civil procedure to recover possession of real property
which, or a portion of which, is situated within the district wherein
the application for such recovery is made.
13. To render judgment upon the confession of the defendant
or defendants as prescribed in title six of chapter nineteen of the
code of civil procedure where the sum confessed does not exceed
five hundred dollars.
14. Other civil actions or proceedings of which district courts
in The City of New York, or justices of the peace shall have juris-
diction on the thirty-first day of December, eighteen hundred and
ninety-seven, except such as shall be expressly excluded by this act.
L. 1882, ch. 410, $ 1285.
TXT
i
SS 1365, 1369] JURISDICTION OF MUNICIPAL COURTS. 663
Id.; continued.
$ 1365. The said municipal court can not take cognizance of any
civil action in either of the following cases:
1. Where the title to real property comes in question as pre- .
scribed in title third of chapter nineteen of the code of civil pro-
cedure, and sections twenty-nine hundred and fifty-one to twenty-
nine hundred and fifty-eight of said code, both inclusive, apply to
an action brought in said court; and in an action brought in said
court the surety upon the defendant's undertaking is liable in the
case specified in section twenty-nine hundred and fifty-two of said
code to any amount for which judgment might have been rendered
by said court if the answer and undertaking had not been delivered.
The provisions of section thirteen hundred and forty-nine of chapter
four hundred and ten of the laws of eighteen hundred and eighty-
two shall govern in such cases.
2. Where the action is brought against an executor or adminis-
trator as such and the amount claimed is in excess of fifty dollars.
· 3. Where the action is against The City of New York as hereby
constituted.
4. Where, in a matter of account, the sum total of the accounts of
both parties, proved to the satisfaction of the court, exceeds one
thousand dollars.
· L. 1882, ch. 410, § 1286;" Code Civ. Proc., § 2863. See Collin v. Underwood,
1 E. D. Smith, 318.
Removal.
§ 1366. In an action specified in the last section but one, except-
ing subdivisions eight and ten, where the damages claimed or the
value of the chattel or all the chattels claimed, as stated in the com-
plaint, exceeds two hundred and fifty dollars, the defendant may,
after issue is joined and before an adjournment has been granted
upon his application, apply to the justice holding court in the dis-
trict in which the action is brought for an order removing the
action, and if it be in the second district of the borough of The
Bronx or in any district of the borough of Manhattan, to the city
court of The City of New York, if in any other district into the
county court of the county wherein the district is situated, if the
said county court has jurisdiction of such action, otherwise into the
supreme court in such county. Such an order must be granted
upon the defendant's filing with the clerk an undertaking in a sum
fixed by the justice, not exceeding twice the amount of the damages
claimed or twice the value of the chattel or of all the chattels
Claimed, as stated in the complaint, with one or more sureties, to
664
[S$ 1366–1368
APPEALS AND PROCESS.
the effect that the defendant will pay to the plaintiff the amount of
any judgment that may be recovered against him in the court to
which such action shall be so removed. From the time of granting
the order, the city court or county court or supreme court, as the
case may be, has cognizance of the action, and the clerk of the dis-
trict must forthwith deliver to the clerk of such court to which the
action shall be removed all process, pleadings and other papers in
the action, and certified copies of all minutes, entries and orders
relating thereto, which must be filed, entered or recorded, as the
case requires in the latter's office.
See L. 1882, ch. 410, § 1287; Code Civ. Proc., § 3216.
D
Appeals.
§ 1367. I. An appeal from a judgment rendered in the municipal
court of The City of New York may be taken to the supreme court
in the cases and in the manner prescribed in articles first and second
of title eight of chapter nineteen of the code of civil procedure.
Such appeal shall be heard in such manner and by such justice or
justices as the appellate division of the supreme court in the
judicial department embracing the district wherein the action is
brought shall direct. The appellate court may reverse, affirm or
modify the judgment appealed from, and where a judgment is
reversed, inay order a new trial in the municipal court in the district
in which the action was brought. Where a judgment is modified
or a new trial is ordered, costs shall be in the discretion of the
appellate court.
2. In all cases of appeal from the decision of the said municipal
court, where a transcript of the stenographer's minutes of testimony
on the trial becomes a necessary part of the justice's return, the
stenographer's fees for inaking such transcript shall be at the rate of
five cents for every hundred words, and be paid in the first instarice
by the appellant, and afterwards taxable by him as a disbursement
on the appeal.
L. 1882, ch. 410, $$ 1438, 1439. ,
Process.
§ 1368. The municipal court in any district shall have power to
send its process and other mandates in an action or special pro-
ceeding of which it has jurisdiction into any district or part of The
City of New York for service or execution, and to enforce obedience
thereto, and such process and mandates may be served in any
district or part of The City of New York, as constituted by this act..
$$ 1369, 1370] PROCEDURE REGULATED.
665
Procedure, etc.
§ 1369. In so far as the same are consistent with this act, all pro-
visions of law relating to the procedure and organization, the sum-
mons, precept, attachment, arrest, subpæna or other process, service
and execution of the same, time, appearances, parties, attorneys,
practice, proceedings, pleadings, amendments, adjournment,
defaults, judgments, transcripts, docketing, executions, offers, fees,
costs, disbursements, joint debtors, depositions, taking testimony by
commission and de bene esse, guardians ad litem, trials, jurors and
drawing of jurors, and all matters incidental to the same, the pow-
ers and duties of justices and clerks and other employes in district
courts in the city of New York which shall be in force on the thirty-
first day of December, eighteen hundred and ninety-seven, shall
apply to and control and govern the same in the said municipal
court and the branches thereof in each district, except that a marshal
of The City of New York can not appear or act on behalf of either
or any party in an action or proceeding in said municipal court.
Sections eight to fourteen, inclusive, of the code of civil procedure,
excepting subdivision seven of said section fourteen, are hereby
made applicable to and shall govern said municipal court. But in
·all cases where in any statute relating to said district courts the
power and authority of said courts is limited to the city and county
of New York, or to persons residing in or who are about to leave
the city and county of New York, the power and authority of said
municipal court is extended to The City of New York, as consti-
tuted by this act, and to all persons residing in or who are about to
leave said city of New York, as so constituted, except as in this
chapter otherwise expressly provided. In an action specified in
section thirteen hundred and sixty-four of this act (except sub-
divisions eight and ten), where the damages or the value of the chat-
tels as claimed in the complaint, exceed one hundred dollars, if, at
the time of joining an issue of fact the defendant demand a trial by
a jury of twelve men, the justice shall order such a jury to be sum-
inoned to try the same, and the proceedings and fees shall be the
same as are prescribed in section thirteen hundred and seventy-three
of chapter four hundred and ten of the laws of eighteen hundred
and eighty-two.
See L. 1882, ch. 410, $$ 1279-1440.
Actions, in what district brought.
8 1370. An action or proceeding of which this court has jurisdic-
tion must be brought:
.. I. In a district in which either the plaintiff or defendant or one
666
[S 1370
IN WHAT DISTRICTS, SUIT BROUGHT.
of the plaintiffs or one of the defendants resides, unless' all the plain-
tiffs or all the defendants reside out of The City of New York, in
which case the action or proceeding may be brought in said court
in any district.
2. If the defendant be a corporation created by law, in a district
in which the plaintiff or either of the plaintiffs resides, or in which
(if it be a corporation) it transacts its general business or keeps an
office or has an agency established for the transaction of business
or is established by law, except the corporation of The City of New
York, which may sue in any district, except as in the next section
provided.
3. By plaintiffs not residing in The City of New York, in the dis-
trict in which the defendant or one of the defendants resides, and.
against a defendant or defendants not residing in said city, in the
district in which the plaintiff or one of the plaintiffs resides; but
where all the parties reside out of said city the action may be
brought in any district. No person who shall have a place in said
city for the regular transaction of business shall be deemed a non-
resident under the provisions of this title.
4. If the district in which the action or proceeding is brought is
not the proper district, the action may, notwithstanding, be tried
therein, unless the action is transferred to the proper district before
trial upon the demand of the defendant made upon or before the
joinder of issue in writing or in open court, followed by the consent
of the plaintiff, given in like manner, or the order of the court. The
demand must specify the district to which the defendant requires the
action to be transferred. The court must make such order when
the district in which the action or proceeding is brought is not the
proper district, as specified in this section or the next one if such
demand be made.
See L. 1882, ch. 410, § 1289.
Id.; when brought by the corporation.
5. All actions by or on behalf of The City of New York to recover
a penalty or fine for a violation of any corporation ordinance, when
the amount of such penalty or fine shall not exceed five hundred
dollars, must be brought in the district in which the violation of
such ordinance happened or occurred, and the justice holding court
in the same judicial district may direct any of the city marshals to
collect the payment and make returns in the same manner as now
provided by law. And all actions to recover a penalty or fine for ...
a violation of any provision of the sanitary code adopted by the
board of health or of any regulation of the fire commissioner of
8$ 1370-13731 SEALS AND CLERKS OF COURTS.
667
laws which either said board or commissioner is authorized,
empowered and especially charged to enforce, where the amount of
such penalty or fine shall not exceed five hundred dollars, must be
brought in the district in which such violation happened or
occurred.
L. 1882, ch. 410, 8 1290.
Where held.
§ 1371. The said municipal court shall be held in each of the
aforesaid districts by a justice of said court as hereinafter specified,
at the places provided by the municipal assembly, and in accord-
ance with law, at such hours in every judicial day or so often as the
board of justices of the municipal court shall direct, and must con-
tinue in session so long as the public interest requires; and it shall
be the duty of the municipal assembly within thirty days after the
thirty-first day of December, eighteen hundred and ninety-seven,
to provide a suitable place for the holding of said court in each of
said districts, provided that more than one place for holding such
court may be provided at any time after this act takes effect in any
district, if the said board of justices shall certify that the public
convenience requires such additional number of places.
L. 1882, ch. 410, $ 1291.
Seals.
§ 1372. The said court in each district shall have official seals
furnished at the expense of the city, on which shall be engraved the
arms of the state of New York and the words “Municipal Court of
New York, Borough of Manhattan,” (or whatever the borough
may be), “ First District " (or whatver the district may be), but noth-
ing herein contained shall authorize such court to issue certificates
oi naturalization
L. 1882, ch. 410, 8 1293.
Clerks and assistant clerks.
§ 1373. There shall be in and for each district a clerk of said
court and in each district in the boroughs of Manhattan, Brooklyn
and of The Bronx, an assistant clerk, who shall be appointed by
the justice elected or appointed from said district, as hereinbefore
provided, and shall hold office for the term of six years from the
date of appointment; and before entering upon his duties each such
clerk or assistant clerk shall file in the office of the comptroller of
The City of New York a bond in the penal sum of five thousand dol-
lars, conditioned for the faithful discharge of his duty and the due
668
[$ 1373
CLERKS OF MUNICIPAL COURTS.
accounting for and payment of all money by him received or with
him deposited in any action as such clerk or assistant clerk, to be
approved by the said comptroller to be endorsed thereon. Each
such clerk and assistant clerk shall receive a salary of three thou-
sand dollars per annum (except in the boroughs of Queens and
Richmond, wherein the salary of the clerk shall be two thousand
dollars per annum), to be paid in equal monthly instalments; and
neither said clerks nor assistant clerks nor other employes of said
court shall receive any fee or compensation whatever for their own
use for any services performed by them by virtue of their offices
other than their salaries; and the duties of such clerks and assistant
clerks shall be the same as those now imposed by law upon the
clerks and assistant clerks of the district courts in the city of New
York. No such clerk, assistant clerk or other employe of such
courts shall hold any other office or be interested in any other busi-
ness, except as permitted by the next section, but shall give their
whole time to their respective duties and shall reside in the borough
in which the district for which they are appointed respectively is
situated. For any breach of said bond the appellate division of the
supreme court or any justice of the supreme court in the judicial
department wherein the district for which such clerk or assistant
clerk is appointed is situated, may order the same to be prosecuted
in the name of any person damaged by such breach. The clerks,
assistant clerks, stenographers, interpreters and attendants of the
district courts in the city of New York and of the justices' courts of
first, second and third districts of the city of Brooklyn, who shall be
in office on the first day of January, eighteen hundred and ninety-
eight, shall continue until the expiration of their respective terms,
in the like capacities as officers of the said municipal court. Each
justice upon appointing a clerk or assistant clerk shall make dupli-
cate certificates of such appointments, stating the term of the
appointment and when it will expire, and one of such duplicates
shall be filed by him in the office of the city clerk, and the other
with the secretary of the board of justices provided for in the next
section. The said justices shall in like manner on or before the
thirtieth day of January, eighteen hundred and ninety-eight, also
appoint the officers necessary to attend the court in each district,
not exceeding three, at an annual salary of one thousand dollars, and.
a stenographer in and for each district at an annual salary of two
thousand dollars, and in and for each district in the borough of
Manhattan an interpreter at an annual salary of twelve hundred
dollars. Each of said attendants, stenographers and interpreters
shall be appointed for two years or to fill the residue of an unexpired
$ 1373-1375-
669
] BOARD OF JUSTICES.
term. The said justices may remove any of said attendants, stenog-
raphers or interpreters, provided that before removal such officers
shall have notice of the cause of their proposed removal and an
opportunity to make an explanation; and the reasons for any
removal shall be briefly entered on such minutes.
L. 1882, ch. 410, 88 1427, 1429, 1430, 1432, 1433, 1434.
Board of justices.
§ 1374. On and after the first day of January, eighteen hundred
and ninety-eight, the justices of said court shall constitute the board
of justices of the municipal court and discharge the functions
thereof. They may elect a president from their own number and at
pleasure remove him and elect a successor. All meetings of said
board shall be public and all proceedings shall be recorded in its
books of minutes by its secretary and shall be preserved. Such
board may designate a clerk of said court for one of said districts to
act as secretary of said board, and from time to time substitute .
another and fix a reasonable compensation to be paid for such ser-
vice. Such board shall establish public rules relative to its meet-
ings, which as far as possible shall be held at regular times, to the
keeping and preservation of its minutes and the appointment of
clerks, assistant clerks and other appointees, and to the public
inspection of its minutes under the care of the secretary at reason-
able times.
Board to make rules.
§ 1375. Said board of justices shall adopt, and from time to time -
may amend or add to rules relating to the following subjects:
I. As to the justices who shall hold sessions of said municipal
court in each of said districts at times and places to be specified in
said rules and to provide for a rotation of the justices holding the
same, provided that the justices elected or appointed for any bor-
ough shall hold court in said borough; but if a vacancy exists, or
the illness or other inability of any justice assigned to hold court
prevents his attendance, any other justice of said court may hold
the same. And if, at any time before or after the commencement
of the trial, it shall appear to the satisfaction of the justice that he
is a necessary witness on the trial of the cause, or otherwise disqual-
ified to try the same, he shall by an order entered in the cause order
the same and the papers in the same to be transferred to an adjoin-
ing district, or adjourned to such time as his successor in holding
court in said district according to such rules for rotation, may be
holding said court as justice may require. Such rules respecting
670
[S$ 1375–1380
BOARD OF JUSTICES.
rotation and the designation of justices, shall be made on or before
the twenty-fifth day of January, eighteen hundred and ninety-eight,
and shall be published in the City Record, and one newspaper pub-
lished in each borough at least once before the first day of February.
2. As to the hours at which said courts shall be opened on each
day and what officers shall be in attendance.
3. As to the order of business and manner of its discharge.
4. As to the manner in which the clerks and assistant clerks shall
perform their duties, the manner of keeping records and papers,
the collection and disposition of moneys and keeping accounts of
the same.
5. As to the maintenance of order in and about the courts and
offices thereof.
Concurrence of majority.
$ 1376. The concurrence of a majority of all the members of said
board shall be necessary to adopt any resolution thereof.
Rules of supreme court applicable.
§ 1377. The rules and regulations of the supreme court, as they
may be from time to time, shall apply to the municipal court so far
as the same can be made applicable.
, L. 1882, ch. 410, $ 1426.
Clerks to administer oaths.
§ 1378. The clerks and assistant clerks of the said municipal
court are authorized to administer oaths in The City of New York
in the same manner and with the like effect as clerks of courts of
record.
L. 1882, ch. 410, $ 1431.
Justices to administer oaths, etc.
§ 1379. The justices of said municipal court may in The City of
New York, by virtue of their office, administer oaths, take deposi-
tions and acknowledgments and certify the same in the manner and
with like effect as justices of courts of record. Sections nine hun-
dred and fourteen to nine hundred and seventeen, inclusive, and
section thirty-three hundred and nineteen of the code of civil pro-
cedure apply to the justices of said court.
L. 1882, ch. 410, $ 1391.
Access to court-houses.
§ 1380. The justices of said court shall have on and after the first
88 1380–1382]
671
ACCESS TO COURT HOUSES.
.
day of February, eighteen hundred and ninety-eight, the like access
and possession of the court-houses that theretofore were enjoyed
by the justices of the district courts and justices of the peace in the
territory included within The City of New York as constituted by
this act; and it shall be the duty of the municipal assembly of The
City of New York and its several officers charged with duties in
that behalf to supply and pay for whatever may be necessary for
the transaction of the business of said municipal court and the
justices thereof, and to supply all proper accommodations, books,
stationery and furniture, and to pay all salaries, compensations and
expenses and disbursements herein authorized, and the board of
estimate and apportionment shall annually include in its final esti-
mate such sums as may be necessary to pay the same.
Delivery of papers, etc.
§ 1381. On the first day of February, eighteen hundred and
ninety-eight, it shall be the duty of the district court justices and
justices of the peace whose powers and jurisdiction shall have been
terminated by the provisions of this act, or of any act abolishing
towns within the territory embraced in The City of New York as
hereby constituted, or otherwise, and of the clerks and assistant
clerks, deputy clerks or other officers of said district courts or
justices' courts to deliver to the justices of the said municipal court
all papers, documents and records pertaining to their office.
Disposition of causes pending in district courts, etc.
§ 1382. No action or proceeding which shall be pending at mid-
night, on the thirty-first day of January, eighteen hundred and
ninety-eight, in any district court or justices' court within the ter-
ritory included within The City of New York as constituted by this
act, shall abate by reason of the passage of this act: but all such
actions and proceedings so pending, shall be continued thereafter
in said municipal court; and the said district courts and justices'
courts existing on said thirty-first day of January, eighteen hun-
dred and ninety-eight, shall have power to adjourn any action or
proceeding then pending before them or either of them to the first
day of February following, or to some day thereafter when the
same shall be continued before the municipal court in the district
Wherein such district court or justices' court shall be situated or
held; and all papers, documents and records relating to such actions
or proceedings shall be transmitted and delivered to the justices
designated to hold court in said districts respectively.
672
REMOVAL 1
OF JUSTICES. [SS 1383, 1384
Removal.
§ 1383. The justices of said court and the clerks and assistant
clerks thereof rnay be removed for cause after due notice and an
opportunity of being heard by the appellate division of the supreme
court in the judicial district wherein the district for which said
justices were elected or appointed, or wherein the district for which
such clerks or assistant clerks were appointed, is situated.
Justices of district courts, etc., to act till February 1, 1898..
* $ 1384. Until midnight of said thirty-first day of January, eigh-
teen hundred and ninety-eight, the district courts and justices'
courts, and the justices, clerks, assistant clerks, attendants, stenog-
raphers, interpreters and other employes thereof, in any and all
portions of the territory included within The City of New York, as
constituted by this act, shall continue to perform all the duties and
exercise all the powers which may be by law imposed on or vested
in them on the thirty-first day of December, eighteen hundred and
ninety-seven.
TITLE 3.
INFERIOR COURTS OF CRIMINAL JURISDICTION.
Sec. 1390. Division of city for such purpose.
1391. Special sessions in first division continued.
1392. City magistrates in first division continued.
1393. Office of police justice abolished.
1394. City magistrates in second division.
1395. Salary, etc.
1396. Powers.
1397. Board of magistrates.
1398. Magistrate to be in constant attendance.
1399. Transfer of charges.
1400. Clerks and employes.
1401. Justices of special sessions appointed.
1402. Vacancies.
1403. Qualifications.
1404. Clerks.
1405. Court of special sessions, how held. .
1406. Jurisdiction.
1407. Practice.
1408. Justices to be magistrates.
1409. Adoption of rules.
1410. Regulation of time, etc.
1411. Duty of district attorney to attend court of special sessions.
1412. Appeals from city magistrates.
1413. Appeals from special sessions.
1414. Delivery of papers, etc.
S$ 1390--1392] SPECIAL SESSIONS AND CITY MAGISTRATES. 673
Sec. 1415. Possession of court-houses.
1416. Pending actions.
1417. Designation of magistrates. *
1418. Justices to act.
Division of city for such purpose.
§ 1390. For the purposes of administration of criminal justice
The City of New York, as hereby constituted, is divided into two
divisions, as follows: The first division embraces the boroughs of
The Bronx and of Manhattan; the second division' embraces the
boroughs of Brooklyn, Queens and Richmond.
Special sessions in first division continued.'
§ 1391. The court of special sessions of the city and county of
New York now existing is continued with the same powers, duties
and jurisdiction as it shall have by law on the thirty-first day of
December, eighteen hundred and ninety-seven, except as herein
otherwise provided, and shall be known as the court of special ses-
sions of the first division of The City of New York, and the justices
of said court, and the clerks, deputy clerks, and other employes
thereof then in office, shall continue to hold their offices until the
expiration of their respective terms. Their successors shall be
appointed in the same manner and have the same salary, powers
and duties as are provided by chapter six hundred and one of the
laws of eighteen hundred and ninety-five.
L. 1895, cha 601.
(a) The provisions of L. 1895, ch.
601, which have been substantially
re-enacted in this title, are consti-
tutional and valid. Koch v. The
Mayor, 152 N. Y. 72; Stenson v.
Koch, Id. 87; In re Quin, Id. 89.
City magistrates in first division continued.
$ 1392. The city magistrates in The City of New York appointed
pursuant to chapter six hundred and one of the laws of eighteen
hundred and ninety-five or of any act amending the same in office
when this act takes effect shall continue to hold office until the
expiration of their respective terms, and shall be known as the city
magistrates of the first division of The City of New York, and they
and their successors shall be residents of said first division. They
shall each receive during their respective terms of office the salaries
Which they were receiving at the time this act takes effect. Their
sticcessors shall be appointed in the same manner and have the
same powers and duties as are provided by said chapter six hundred
and one of the laws of eighteen hundred and ninety-five, and shall
- each receive a salary of six thousand dollars a yeår. The clerks,
43
674
[$8 1392–1394
CITY MAGISTRATES.
clerks' assistants, and other appointees of said magistrates and their
courts in office when this act takes effect shall continue therein until
the expiration of their respective terms. The board of city magis-
trates constituted by said chapter six hundred and one of the laws
of eighteen hundred and ninety-five shall continue and shall be.
known as the board of magistrates of the first division of The City
of New York. Said magistrates and said board of magistrates and
said clerks, assistants and other appointees shall continue to have
and exercise the same powers, jurisdiction, functions and duties
within said first division as they or any of them shall have by law
upon the thirty-first day of December, eighteen hundred and ninety-
seven, except as herein otherwise provided.
| L. 1895, ch. 601.
Office of police justice abolished.
§ 1393. From and after midnight of the thirty-first day of Janu-
ary, eighteen hundred and ninety-eight, the office of police justice
in any part of the territory embraced within the second division of
The City of New York, as defined in section thirteen hundred and
ninety of this act, and the court of special sessions in the city of
Brooklyn, is and are abolished, and all authority, power, duty and
jurisdiction then vested in such police justices, and in the courts
held by them, and in the clerks, deputy clerks, police clerks and all
other officers and employes of said justices or courts shall cease
and determine, except as hereinafter provided.
City magistrates in second division.
§ 1394. From and after midnight of said thirty-first day of Janu-
ary, eighteen hundred and ninety-eight, there shall be in the said
second division of The City of New York eleven city magistrates,
with the jurisdiction and powers hereinafter prescribed. The police
justices in the former city of Brooklyn in office on the thirty-first
day of January, eighteen hundred and ninety-eight, shall continue
in office for the residue of their respective terms, but shall be known
as city magistrate of the second division of The City of New
York, and have the powers and duties hereinafter prescribed for
city magistrates and no other. On or before the twentieth day of
January, eighteen hundred and ninety-eight, the mayor of The City
of New York shall appoint five additional city magistrates, three of
whom shall be residents and electors of the borough of Queens, and
two of whom shall be residents and electors of the borough of Rich--
mond, all of whose terms shall commence on the first day of Febru-
ary, eighteen hundred and ninety-eight. The terms of one of said
-88 1394-1396] SALARIES OF CITY MAGISTRATES.
675
magistrates so appointed for each of said boroughs of Queens and
Richmond shall expire on the thirty-first day of December, nineteen
hundred and five, as designated by the mayor, and the terms of the
remainder of the magistrates so appointed for Queens and Rich-
mond shall expire on the thirty-first day of December, nineteen
hundred and seven, as designated by the mayor. The successors of
said magistrates shall at all times thereafter be appointed by the
mayor of said city, and shall be residents and electors of the bor-
ough from which said magistrates whom they shall be appointed to
succeed were appointed, and shall hold office for ten years. Upon
the happening of any vacancy in said office, whether by expiration
of a term or for any other cause, the mayor shall appoint some
proper person to fill such vacancy within thirty days after the same
occurs; and in case such vacancy occurs otherwise than by expira-
tion of a term, the person appointed to fill the same shall be
appointed for the unexpired residue of the term.
L. 1895, ch. 601.
Salary, etc.
$ 1395. The salary of each of said city magistrates in said second
division shall be six thousand dollars a year, to be paid in equal
monthly instalments, except that the said magistrates appointed for
the boroughs of Queens and Richmond, respectively, shall each
receive a salary of five thousand dollars a year. Upon making :
an appointment of an officer pursuant to this title, the mayor
shall make three written certificates thereof, each of which shall
state the title of the office, the borough from which such officer
is appointed, and the term for which the appointment is made.
One of such certificates he shall deliver to the person appointed,
and of the others he shall cause one to be filed in the office of
the city clerk, and one to be filed in the office of the clerk of the
county in which is situated the borough from which such person
is appointed.
| I. 1895, ch. 601, $ 2.
Powers.
1396. The said magistrates appointed or continued in office
pursuant to this title, shall have and exercise within the said second
division such powers as are conferred by law upon the city magis-
trates in the city of New York, by chapter six hundred and one of
the laws of eighteen hundred and ninety-five, and the acts amending
the same, except as herein otherwise provided:
L. 1895, cha 601.
676
DUTIES OF CITY MAGISTRATES. [$s 1397–1400
Board of magistrates.
§ 1397. The said magistrates appointed and continued in office
pursuant to section thirteen hundred and ninety-four of this act
shall constitute the board of city magistrates of the second division
of The City of New York, and said board shall have the same pow-
ers, duties and functions as are specified in sections four, five, six
and seven of said chapter six hundred and one of the laws of eigh-
teen hundred and ninety-five, except as herein otherwise provided.
L. 1895, cha 601, 88 4-7.
Magistrate to be in constant attendance.
§ 1398. A city magistrate shall be in constant attendance in each
of the city magistrate's courts between the hours of nine o'clock in
the morning and four o'clock in the afternoon on every day except
Sundays and legal holidays, but including election day; and the
rules for rotation of magistrates to be made as provided in sub-
division one of section five of said chapter six hundred and one of
the Laws of eighteen hundred and ninety-five shall not require the
magistrates appointed in said second division to hold court in any
other borough than that for which he was appointed; provided,
however, that if a vacancy exists or the illness, absence or other
inability of any magistrate assigned to hold any city magistrate's
court in either division prevents his holding the same, any other
city magistrate in The City of New York may hold such court.
| L. 1895, ch. 601, $ 8.
Transfer of charges.
§ 1399. The provisions of section nine of said chapter six hun-
dred and one of the laws of eighteen hundred and ninety-five, as
amended by chapter nine hundred and eight of the laws of eigh-
teen hundred and ninety-five, shall apply to all of said city magis-
trates, and to all charges and complaints brought before any of the
said magistrates appointed pursuant to this title.
. L. 1895, ch. 601, 8 9.
Clerks and employes.
§ 1400. All the provisions of said chapter six hundred and one of
the laws of eighteen hundred and ninety-five, relating to the
appointment of police clerks, their terms of office, compensation,
bonds, powers and duties, the removal of the same, and relating to
the appointment, compensation, terms, removal and duties of
clerks, assistants, stenographers, interpreters and other necessary
attendants (not exceeding two for each court), shall apply to and
S$ 1400-1403] JUSTICES OF SPECIAL SESSIONS.
677
govern the same matters in the said second division; provided that no
such clerk or other officer or employe appointed by said board of city
magistrates of said second division shall hold any other office or be
interested in any other business, but shall give their whole time to
their respective duties, and shall reside in the borough for the city
magistrate's court in which they shall be appointed respectively;
and the number of such clerks to be so appointed for said second
division shall be eleven.
L. 1895, cha 601.
Justices of special sessions appointed.
§ 1401. On or before the twentieth day of January, eighteen hun-
dred and ninety-eight, the mayor of said city of New York shall
appoint five justices of the court of special sessions of the second
division of The City of New York provided for by this title, who
shall hold office until the thirty-first day of December, eighteen hun-
dred and ninety-nine, nineteen hundred and one, nineteen hundred
and three, nineteen hundred and five, nineteen hundred and seven
and nineteen hundred and nine, respectively, as designated by the
mayor.
L. 1895, cha 601, $ 12.
Vacancies.
§ 1402. Any vacancy in said office shall be filled by the mayor
of said city by appointment within thirty days after its occurrence.
If such vacancy occur otherwise than by expiration of a term the
person appointed to fill such vacancy shall hold office for the unex-
pired term of the justice whom he succeeds. If the vacancy occur
by the expiration of a term, the person appointed to succeed the
justice whose term has expired shall hold office for the term of ten
years. The salary of the justices of the court of special sessions in
the second division shall be six thousand dollars a year, to be paid
in equal monthly instalments.
L. 1895, cha 601, 8 2.
Qualifications.
$ 1403. The persons eligible to be appointed justices of the court
of special sessions and city magistrates in the second division must
possess the same qualifications and be subject to the same regula-
tions and requirements as are prescribed for such justices and mag-
trates respectively in section twenty-five of said chapter six hun-
dred and one of the laws of eighteen hundred and ninety-five. No
678
CLERKS OF COURTS. [SS*1403–1405
person shall be appointed to the office of justice of the court of spe-
cial sessions or city magistrate unless he shall be a resident of the
division of said city for which he shall be appointed
L. 1895, ch. 601, $ 25.
.
Clerks.
$ 1404. All the provisions of saia cnapter six hundred and one of
the laws of eighteen hundred and ninety-five respecting the appoint-
ment of a clerk and deputy, stenographer, interpreter and other
officers, their salaries, terms of office, removal and duties shall
apply to the court of sessions in said second division, except that the
term of office of such clerk, deputy clerk and other officers shall
commence on the first day of February, eighteen hundred and
ninety-eight; the terms of such clerk and deputy clerk shall be for
five years respectively, and the salary of said clerk shall be three
thousand dollars a year, payable in equal monthly instalments.
Said clerk and deputy clerk shall be residents of the said second
division. The juis.ices of said court of special sessions in the second
division of The City of New York shall also appoint a clerk of said
court for each of the boroughs of Queens and Richmond, each of
whom shall hold office for five years from the first day or February,
eighteen hundred and ninety-eight, and receive a salary of two
thousand dollars, payable in equal monthly instalments. The said
justices may also appoint such officers and attendants for said court
in the said boroughs of Queens and Richmond, including stenog-
raphers and interpreters as may be necessary for the due transaction
of the business of said court, and fix and alter their salaries; subject
to the power of reduction thereof given to the board of estimate and
apportionment. All the provisions of said act respecting the
removal and duties of such officers respectively shall apply to the
officers appointed as herein provided.
L. 1895, ch. 601, 88 4-7.
Court of special sessions, how held.
§ 1405. The court of special sessions of either of said divisions of
The City of New York must be held by three of the justices of said
court, and any order, determination or judgment of two of said
justices shall be the order, determination or judgment of the court.
Said court shall sit in every month of the year in said first division
and in each of said boroughs of Brooklyn, Queens and Richmond..
• L. 1895, cha 601, 8 13.
$ 14061
JURISDICTION OF SPECIAL SESSIONS.
50
Jurisdiction.
$ 1406. The said courts of special sessions shall have jurisdiction
as follows:
I. Except as otherwise provided in this title, the said courts of
special sessions of The City of New York shall have in the first
instance exclusive jurisdiction to hear and determine all charges of
misdemeanors committed within The City of New York, except
charges of libel. Provided, however, that the same shall be tried
in the county wherein such misdemeanors are charged to have been
committed. The said courts shall, however, be divested of jurisdic-
tion to proceed with the hearing and determination of any charge
of misdemeanor in either of the following cases:
First. If, before the commencement of the trial in said court of
any person accused of a misdemeanor, a grand jury shall present
an indictment against the same person for the same offense; or
Second. If, before the commencement of any such trial, a justice
of the supreme court in the judicial department where such trial
would be had; or, if the charge be triable in the county of New
York, the recorder of the county of New York or a judge authorized
to hold a court of general sessions of the peace in and for the
county of New York; or, if the charge be triable in another county,
a county judge of such county shall certify that it is reasonable that
such charge shall be prosecuted by indictment. No such certificate
shall be made upon the application of a defendant, without at least,
two days notice to the district attorney, but pending the determina-
tion of the application therefor, any justice or judge authorized to
make such certificate may order that all proceedings in the court of .
special sessions, except to admit to bail, be stayed for a period or for
successive periods, which shall not in all exceed ten days. Upon
the service of said order upon the clerk of the said court of special
sessions in the county wherein the charge is triable, all proceedings
thereon in said court, except to admit the defendant to bail, shall be
stayed until the expiration of the time specified in said order. Upon
the filing of the certificate aforesaid with the clerk of the said court
of special sessions, in the county wherein the charge is triable, all
further proceedings thereon by said court of special sessions shall
be stayed, and the said clerk shall within five days thereafter make
a return of all proceedings had in the said court of special sessions
relating to such charge and transmit such return and all papers
relating to such charge, together with said certificate and any under-
taking given by the defendant to the district attorney of the county
Wherein the misdemeanor charged is alleged to have been com-
mitted. The said district attorney shall without delay present the
sáid charge to the grand jury of said county.
680
[88 1406, 1407
PRACTICE REGULATED.
Remission of fines.
2. They shall have jurisdiction at the request of a defendant to
remit a fine imposed by them and in place of such fine to substitute
in their discretion imprisonment.
Bastardy proceedings.
3. They shall have exclusive jurisdiction in the first instance of all
proceedings respecting bastards within The City of New York and
the jurisdiction conferred by sections eight hundred and thirty-
eight to eight hundred and sixty inclusive of the code of criminal
procedure shall be exclusively exercised within said city by said
courts. The application specified in section eight hundred and
forty of said code of criminal procedure shall be made to the court
of special sessions in the county wherein a bastard is born or
where the woman pregnant of a bastard likely to be born is.
Application of existing laws.
4. The said court and its justices shall have and exercise all the
powers and jurisdiction not inconsistent with this act which on the
thirty-first day of December, eighteen hundred and ninety-seven,
shall by law be vested in the court or justices of special sessions in
the city and county of New York and in the police courts, police
justices and courts of special sessions in any part of the territory
embraced within The City of New York as constituted by this act,
excepting that conferred upon police justices of the city of Brook-
lyn by section twenty-two hundred and thirty-four of the code of
civil procedure; and the same jurisdiction and powers in all matters
relating to the administration of the criminal law not inconsistent
with this act which on said thirty-first day of December, eighteen
hundred and ninety-seven, shall by law be vested in justices of the
peace in any part of said territory.
L. 1895, cha 601, $ 14.
.
-
Practice.
§ 1407. On and after the first day of February, eighteen hundred
and ninety-eight, all sections of the code of criminal procedure con-
sistent with this act regulating and controlling the practice and
procedure of the court of general sessions of the peace in the city
and county of New York shall apply, as far as may be, to the prac-
tice and procedure in the said courts of special sessions, and shall
regulate and control the practice and procedure of said courts in
so far as their jurisdiction and organization will permit. All trials
88 1407-1412] APPEALS FROM CITY MAGISTRATES.
681
i
in said courts of special sessions provided for by this title shall be
without a jury.
| L. 1895, ch. 601, 8 14.
Justices to be magistrates.
$ 1408. The justices of said courts of special sessions are magis-
trates, and shall have and exercise all the jurisdiction and powers
not inconsistent with this act which are by law conferred upon
magistrates.
L. 1895, ch. 601, $ 15.
Adoption of rules.
$ 1409. The justices of said courts of special sessions shall meet
and adopt, and may from time to time amend or add to rules relat-
ing to the following subjects:
1. Regulating the procedure and practice of said courts.
2. Prescribing the duties of the clerks and other officers and
attendants of said courts.
L. 1895, ch. 601, 88 5-16.
1
Regulation of time, etc.
§ 1410. The justices of said courts of special sessions of said first
and second division of the City of New York, respectively, shall
meet and adopt and may, from time to time, amend or add to rules
relating to the following subjects:
I. Establishing the times and places at which said court shall be
held within each of said divisions, respectively.
2. Assigning the justices to hold said courts from time to time,
but if any justice assigned to sit in said court at any time shall be
absent any other justice of the court of special sessions in The City
of New York may sit in his place and stead.
L. 1895, ch. 601, $ 5.
Duty of district attorney to attend court.
$ 1411. It shall be the duty of the district attorney of each of the
counties of New York, Kings, Queens and Richmond to attend in
person or by an assistant at all sessions of said courts of special
sessions within his county.
L. 1895, ch. 601, $ 22.
Appeals from city magistrates.
$ 1412. All provisions of law conferring the right of appeal and
prescribing the procedure on appeal to the court of general sessions
682
APPEALS FROM SPECIAL SESSIONS. [SS 1412–1415
of the peace in the city and county of New York from any judg-
ment or other determination of a police justice, including a judg-
nient of commitment under section two hundred and ninety-one of
the perial code, or of any court held by a police justice, shall apply
to and regulate all appeals from any judgment or other order or
deterinination of a city magistrate in the county of New York, and
the right of appeal to said court of general sessions from such judg-
ment or other order or determination of such city magistrate in the
county of New York is hereby continued; and the like appeal is
hereby granted and conferred from the judgment, order or other
determination of a city magistrate elsewhere within The City of
New York to the county court of the county where the same is
made.
L. 1895, ch. 601, $ 19.
Appeals from special sessions.
§ 1413. The provisions of section twenty of chapter six hundred
and one of the laws of eighteen hundred and ninety-five respecting
appeais from a judgment or determination of the court of special
sessions in the city and county of New York shall continue and
apply to appeals from the courts of special sessions in The City of
New York, as constituted by this act.
L. 1895, ch. 601, $ 20.
Delivery of papers, etc.
§ 1414. On the first day of February, eighteen hundred and
ninety-eight, it shall be the duty of the police justices, justices of,
the peace and other officers whose powers and jurisdiction shall
have been terminated by any of the provisions of this act or of any
act abolishing towns and villages within the territory embraced
within The Ctiy of New York, as hereby constituted, or otherwise,
to deliver over to the city magistrates appointed pursuant to this
title all papers, documents and records of their courts appertain-
ing to their offices, and in like manner to deliver over to the justices
of the court of special sessions appointed pursuant to this act all
papers, documents and records pertaining to the court of special
sessions.
L. 1895, ch. 601, $ 21.
Possession of court-houses.
§ 1415. The city magistrates and justices of the court of special
sessions appointed or continuing in office pursuant to this title shall
have on and after said first day of February, eighteen hundred
SS 1415-1417] PENDING ACTIONS NOT TO ABATE.
683
and ninety-five, the like access and possession in respect to the
court-houses or other places provided for the proceedings of police
justices within said city, as hereby constituted, as were theretofore
.enjoyed by the police justices in the territory embraced within
said city, as so constituted. And it shall be the duty of The City
of New York and its several officers charged with duties in that
behalf to supply and pay for whatever may be necessary for the
transaction of business of the said city magistrates and courts
of special sessions and the justices thereof, and to supply all proper
court-houses and accommodations, books, stationery and furniture,
and to pay all salaries, compensations, expenses and disbursements
herein authorized or authorized by said chapter six hundred and one
of the laws of eighteen hundred and ninety-five; and the board of
estimate and apportionment shall annually include in its final esti-
mate such sums as may be necessary to pay such salaries, compensa-
tions, expenses and disbursements.
L. 1895, ch. 601, $ 23.
Pending actions. .-
§ 1416. No criminal action or other proceeding which shall be
pending in any court of special sessions or any proceeding respect-
ing bastards which shall be pending before a police justice or a jus-
tice or justice of the peace within the territory embraced in The
City of New York, as constituted by this act, at midnight on the
thirty-first day of January, eighteen hundred and ninety-eight,
shall abate or be anywise affected by the passage of this title, and
all such actions or other proceedings so pending shall thereafter
be continued before the court of special sessions, as provided for
by this title. And any court of special sessions or justice of the
peace before whom any such action or proceeding shall be pending
at said time shall have power to adjourn the same to the first day
of February or some day' thereafter, when the same shall be con-
tinued before the court of special sessions, as herein provided for...
L. 1895, cha 601, $ 26.
Designation of magistrates.
$ 1417. The mayor of The City of New York shall, on or before
the twenty-fifth day of January, eighteen hundred and ninety-eight,
designate in respect to all actions and proceedings which shall be
pending at midnight on the said thirty-first day of January, eighteen
hundred and ninety-eight, before each of the police justices and jus-
tices of the peace in the territory embraced within the said second
division of The City of New York, which of the magistrates
appointed by him, pursuant to this act, shall thereafter have juris-
684
[SS 1417-1425
THE MARSHALS.
diction thereof, and the same shall be thereafter transferred to and
continued before the several magistrates so designated respectively.
Such designation shall be published by the mayor for three days
prior to the first day of February, eighteen hundred and ninety-
eight, in the City Record, and at least once in a newspaper pub-
lished in each borough within said second division.
L. 1895, cha 601, 8 27.
Justices to act.
§ 1418. Until midnight of said thirty-first day of January, eigh-
teen hundred and ninety-eight, the several police justices and jus-
tices of the peace within the territory included within said second
division shall continue to exercise all the authority, power, jurisdic-
tion and duties given and imposed upon them by law on the thirty-
first day of December, eighteen hundred and ninety-seven.
TITLE 4.
THE MARSHALS.
Sec. 1424. Marshals of the cities of New York and Brooklyn continued.
1425. Mayor to appoint marshals; term of office.
1426. Id.; marshals for the boroughs of Queens and Richmond.
1427. Successors to present marshals of New York City.
1428. Powers, duties and fees.
1429. Removal of marshals.
Marshals of the cities of New York and Brooklyn continued.
§ 1424. The marshals in The City of New York as heretofore
known and bounded, and the marshals and constables in the cities
of Brooklyn and Long Island City, and in the several towns men-
tioned in section one of chapter one of this act, in office at the time
this act shall take effect, shall continue to hold such offices and
perform the duties thereof until midnight of the thirty-first day of
January, eighteen hundred and ninety-eight, and said terms of office
shall then expire, except those of the marshals in the late City of
New York and the marshals in the late city of Brooklyn, who shall
continue to be marshals of The City of New York, as hereby con-
stituted, till the expiration of their respective terms.
Mayor to appoint marshals; term of office.
§ 1425. On or before the twentieth day of January, eighteen hun.
dred and ninety-eight, the mayor of The City of New York share
appoint ten marshals in the manner provided in the next section,
who shall hold their respective offices for six years; and there sha
be appointed in like manner every sixth year hereafter the sailio
S$ 1425-1429] POWERS AND DUTIES OF MARSHALS. 685
number of marshals for the like terms. Any person appointed
after the commencement of the term, as herein prescribed, shall
hold only until the expiration of the term and until a successor is
duly appointed and has qualified.
Id.; marshals for the boroughs of Queens and Richmond.
$ 1426. Six of said marshals so to be appointed shall be residents
of the borough of Queens, and four residents of the borough of
Richmond; and said marshals shall be assigned by the mayor to
such duty within the boroughs wherein they reside respectively, as
is or may be provided by law.
Successors to present marshals of New York City.
§ 1427. On the expiration of the terms of said marshals of The
City of New York mentioned in the last clause of section fourteen
hundred and twenty-four of this act, the said mayor shall appoint
their successors for terms of six years respectively.
Powers, duties and fees.
§ 1428. In so far as consistent with this act, the provisions of law
relating to the bonds, duties, powers and fees of marshals, and
all other matters concerning marshals in The City of New York, in
force on the thirty-first day of December, eighteen hundred and
ninety-seven, shall apply to the marshals appointed or continued
in office pursuant to this title, provided, however, that the bonds
of said marshals so appointed pursuant to this title shall be filed
in the office of the city clerk, and that in the prosecution of the
official bonds of all marshals, application for leave to prosecute the
same shall be made to a justice of the supreme court at chambers.
in the judicial department wherein the borough for which such
marshal shall have been appointed is situated, and such leave shall
not be granted unless it appears that a transcript of the judgment
against such marshal has been filed in the office of the clerk of the
county within which such borough is situated, and such justice may
order such bond to be prosecuted in the municipal court of The City
of New York, or in the city court of The City of New York if such
borough be within the county of New York or in the county court
of the county wherein such borough lies, if in any other county.
See L. 1882, ch. 410, $$ 1699-1711, in appendix.
Removal of marshals.
8 1429. The mayor may remove any marshal, after giving him
an opportunity to be heard, upon charges in writing preferred
against such marshal, and filed with the mayor.
See L. 1882, ch. 410, § 1706.
CHAPTER XXI.
THE ACQUISITION OF LANDS AND INTERESTS THEREIN FOR
PUBLIC PURPOSES.
Sec. 1435. Procedure for acquirement of lands and interests therein.
1436. Maps to be prepared; entry on premises for examination
thereof.
1437. Appointment and duties of commissioners of estimate.
1438. Reports of commissioners of estimate; presentation thereof to
the court; when title to vest in city.
1439. When title may be vested by resolution.
1440. Notice of deposit and presentation of report; payment of
awards with interest.
1441. Owners unknown, infants, or of unsound mind.
1442. Appeal.
1443. Removal, etc., of commissioners of estimate.
1444. Powers of commissioners and of a majority thereof; fees, ex-
penses.
1445. Amendments of defects.
1446. Corporation counsel to appear and protect interests of the city.
1447. Source of payment of awards and expenses.
· 1448. What proceedings excepted from provisions of this chapter.
Procedure for acquirement of lands and interests therein.
§ 1435. Whenever The City of New York, or any of the depart-
ments, including the department of education, or boards of the
said city government, shall be authorized by law to acquire title to
real estate or any tenements, hereditaments, corporeal or incorpo-
real rights in the same, for any public use or purpose by condem-
nation, the proceeding for that purpose shall be taken and conducted
in the manner prescribed in this title, except as provided in section
fourteen hundred and forty-eight of this act.
Maps to be prepared; entry on premises for examination thereof.
§ 1436. When any such lands have been selected, and the said
department or board has determined to take proceedings for the
acquisition of the same, said department or board shall cause two
similar surveys, maps, or plans thereof to be prepared, one o!
which shall be filed in the office of the said department or board,
and the other of which shall be filed in the office of the register of
county clerk of the county in which the lands are situated; and it
$$ 1436–1438] COMMISSIONERS OF ESTIMATE.
687)
shall be lawful for the duly authorized agents of the said depart-
ment or board, and all persons acting under its authority, and by
its direction, to enter, in the daytime, into and upon any and all
lands tenements, and hereditaments which it shall be necessary
to enter into and upon for the purpose of making such surveys,
naps or plans or for the purpose of making such soundings or bor-
ings as the said department or board may deem necessary.
Appointment and duties of commissioners of estimate.
§ 1437. When the said maps, surveys or plans have been filed as
hereinbefore provided, the said department or board of the said city
acting by and through the corporation counsel of said city, is hereby
authorized to make application to a special term of the supreme
court in, and for the judicial district in which said lands are situated,
for the appointment of commissioners of estimate, and the said court
shall thereupon name three discreet and disinterested persons, being
residents of The City of New York, as such commissioners of esti-
mate, for the purpose of performing the duties hereinafter men-
tioned. Ten days' notice of such application, Sundays and holidays
excluded, shall be published in the “City Record,” and the corpora-
tion newspapers, and also at the option of the corporation counsel
in other newspapers, not exceeding three in number, published in .
said City of New York. Upon the appointment of said commis-
sioners they shall severally take and subscribe an oath or affirma-
tion, before some officer authorized to administer oaths, in the form
required by section one of article thirteen of the constitution of
this state, which oath shall be forthwith filed in the office of the
clerk of the supreme court in the judicial district in which said lands
are situated. It shall be the duty of the said commissioners, after
having viewed the said lands, tenements, hereditaments and prem-
ises required for public use and purposes, as above set forth, to
make a just and equitable estimate of the loss and damage to the
l'espective owners, lessees, parties and persons respectively entitled
to or interested in the said lands, tenements, hereditaments and
premises, and to make report thereof to the said supreme court with
due diligence.
Keports of commissioners of estimate; presentation thereof to the court;
when title to vest in city.
8 1438. In each and all and every case when the owners, or
parties interested, or their respective estates and interests are
unknown, or not fully known, to the said commissioners it shall be
Stiicient for them to estimate and set forth and state in their said
688
[$ 1438
REPORT OF COMMISSIONERS.
reports, in general terms, the respective sums to be allowed and
paid to the owners and proprietors generally of such lands, tene-
ments, hereditaments and premises and parties interested therein,
for the loss and damage to such owners, proprietors and parties
interested in respect of the whole estate and interest of whomsoever
niay be entitled unto or interested in said lands, tenements, heredita-
ments and premises respectively, by and in consequence of the tak-
ing of the same, as herein provided, without specifying the names
of the estate or interests of such owners, proprietors, and parties
interested, or either of them, and upon the coming in of the said
report, signed by the said commissioners, or a majority of them,
the said supreme court at a special term thereof held in and for the
judicial district as aforesaid, shall, by order, upon application of
the said city, or the said department or board of the government
thereof conducting said proceeding, after hearing any matter which
may be alleged against the same, either confirm said report in whole
or in part or refer the same back to the same commissioners for
revisal and correction, or to new commissioners, to be appointed
by the said court, to reconsider the subject-matter thereof, and
the said commissioners to whom the said report shall be so referred
shall return the said report, corrected and revised, or a new report,
to be made by them, as aforesaid, in the premises, to the said court,
without unnecessary delay, and the same on being so returned shall
be confirmed or again referred by the said court, as justice shall
require, and such report when confirmed by said court, in whole or
in part, shall be final and conclusive, as well upon the said city and
the said department or board as upon the owners, lessees, persons
and parties interested in and entitled to the lands, tenements, here-
ditaments and premises mentioned in said report, and also upon all
other person whomsoever. And on the final confirmation of said
report, the said City of New York, except as hereinafter provided,
shall become and be seized, in fee simple absolute, of the lands
included in said report, the same to be converted, appropriated and
used to and for the purposes for which the same shall be acquired
accordingly. And thereupon the said city, acting by and through
the department or board instituting and having charge of said pro-
ceeding, shall immediately take possession of the same, without any
suit or proceedings at law for that purpose, and all leases and other
contracts in regard to the said lands so taken, or any part thereof,
and all covenants, contracts or engagements between landlords and
tenants, or any other contracting parties, shall, upon the confirma-
tion of such reports respectively, cease and determine and be abso-
lutely discharged according to law.
S$ 1439, 1440] VESTING OF TITLE WITHIN STATED PERIOD. 689
When title may be vested by resolution.
§ 1439. Should the department or board of the said city govern-
ment instituting the said proceeding deem it for the public interest
that the title to the lands and premises, or any interest therein,
required for any public improvement or for any public purpose
and acquired hereunder, should be acquired by The City of New
York at a fixed or specified time, the said department or board
may direct, by resolution passed before the application to the court
for the appointinent of commissioners of estimate, made under
section fourteen hundred and thirty-seven of this act, and which
said resolution shall be recited in the petition for the appointment
of such commissioners, that at a date four months after the filing
of the oaths of said commissioners, the title to any piece or parcel
of land, or to any interest therein, to be taken or acquired in the
said proceeding, shall vest in The City of New York. At the expi-
ration of said four months from the filing of said oaths, the said City
of New York shall become and be seized in fee of said lands,
tenements and hereditaments and all interests therein in said
resolution mentioned, that shall or may be acquired as afore-
said, the same to be held appropriated, converted and used to
and for the purposes for which the said proceeding is instituted.
In such cases interest at the legal rate upon the sum or sums to
which the owners, lessees, parties or persons interested in the said,
real estate or interests therein are justly entitled upon the date of
the vesting of title in The City of New York, as aforesaid, from said
date to the date of the payment of the award made to such owners,
lessees, parties or persons in interest shall be paid as hereinafter set
forth. And at the expiration of the said four months and upon
the vesting of said title, the said city, acting by and through the
said department or board conducting said proceeding, shall imme-
diately take possession of the lands included in the same and the
interests thereby affected, without any suit or proceeding at law
for that purpose. And all leases and other contracts in regard to
said lands so taken, or any part thereof, and all covenants, contracts
of engagements between landlords and tenants or any other con-
tracting parties shall, upon the vesting of said title, respectively
cease and determine and be discharged according to law.
Nin
Notice of deposit and presentation of report; payment of awards with
interest.
8 1440. The said commissioners of estimate, at least fourteen
days before they present their report to the supreme court, shall
44
боо
[S$ 1440, 1441
UNKNOWN OWNER.
deposit a true report or transcript of such estimate in the office of
the department or board conducting such proceeding, for the
inspection of whomsoever it may concern, and shall give daily
notice by advertisement in the “City Record” and the corporation
newspapers, and also, at the option of the corporation counsel, in
other newspapers, not exceeding three in number, published in said
City of New York, for ten days, Sundays and holidays excluded,
after depositing such report, of the said deposit thereof in said office.
and for the day on which the said report will be presented to said
court, and any person or persons whose rights may be affected
thereby, and who may object to the same, or any part thereof, may,
within ten days after the first publication of such notice, set forth
their objections to the same in writing to the said commissioners,
who shall, after hearing the parties so objecting, thereupon recon-
sider their said estimate and assessment, or the part or parts thereof
so objected to, and in case the same shall appear to them to require
correction, but not otherwise, they shall and may correct the same
accordingly. The City of New York shall, within two calendar
months after the confirmation of the said report, pay to the parties
entitled thereto the respective sum or sums so estimated and
reported in their favor, respectively, with lawful interest from the
date of the confirmation of the report of said commissioners, of if
title to said lands shall have been vested in the city under section
fourteen hundred and thirty-eight of this act, from the date of said
vesting; and in default thereof said persons or parties, respectively,
his, her, or their respective heirs, executors, administrators, suc-
cessors or assigns, may, at any time or times after application first
niade, by him, her, or them to the comptroller of The City of New
York for payment thereof, sue for and recover the same with lawful
interest, as aforesaid, and the costs of suit.
Owners unknown, infants, or of unsound mind.
. § 1441. Whenever the owners and proprietors of any lands,
tenements, hereditaments and premises to be taken for any of the
purposes aforesaid, or the party or parties, person or persons inter-
ested therein, or any or either of them, the said owners, proprietors,
parties or persons, in whose favor any such sum or sums or com-
pensation shall be so reported, shall be under the age of twenty-one
years, non compos mentis, or absent from The City of New York;
and also in all cases where the name or names of the owner of
owners, parties or persons entitled unto or interested in any lands,
tenements, hereditaments or premises that may be so taken for any
of the purposes aforesaid, shall not be set forth or mentioned in
$ 1441]
691
UNKNOWN OWNER.
said report; or when the said owners, parties or person respec-
tively, being named therein, can not,upon diligentinquiry, be found,
it shall be lawful for the said City of New York to pay the sum
or sums mentioned in the report as payable, or that would be com-
ing to such owners, proprietors, parties and persons respectively,
into the supreme court, to be secured, disposed of, invested and paid
out, as the appellate division of the supreme court, in said judicial
district, shall direct; and such payment shall be as valid and
effectual in all respects as if made to the said owners, proprietors,
parties and persons respectively, themselves, according to their
just rights, if they had been known, and had all been present, of
full age, compos mentis; and provided, also, that in all and each and
every case or cases, where any such sum or sums or
compensation, so to be reported by said commissioners in
favor of any person or persons, party or parties what-
soever, whether named or not named in said report, shall
be paid to any person or persons, party or parties whatsoever, .
when the same shall of right belong to and ought to have been paid
to some other person or persons, party or parties, it shall be lawful
for the person or persons, party or parties to whom the said sum or
sums ought to have been paid, to sue for and recover the same,
with lawful interest and costs of suit, as so much money had and
received to his, her or their use, by the person or persons, party or
parties, respectively, to whom the same shall have been so paid.
Payment of the compensation awarded by said commisssioners of
estimate to the persons named in their report (if not infants or
persons of unsound mind) shall, in the absence of notice to the
comptroller of The City of New York of adverse claims thereto,
protect said city. The said commissioners of estimate shall include
and set forth in their report the names of the respective owners,
lessees, parties and persons entitled unto or interested in said report,
and each and every part and parcel thereof, as far as the same shall be
ascertained by them, and add a designation and description of such
respective lands and parcels of land aforesaid, and also the several
respective sums estimated as and for the compensation and recom-
pense or allowance to be made for the loss and damage of the
respective owners of the fee or inheritance of such lånds, tenements,
hereditaments and premises respectively, and for the loss and dam-
age of the respective owners of the leasehold estatė, or their interest
therein, separately. And the said commissioners shall also include in
ald report the amount of their fees and all costs and disbursements
"expenses of surveys, maps and other things.
L. 1882, ch. 410, 81013.
692
REMOVAL OF COMMISSIONERS. [S$ 1442, 1443
Appeal.
§ 1442. Within twenty days after notice of the confirmation of
the report of the commissioners as provided for in section fourteen
hundred and thirty-eight of this act, any party interested and deem-
ing himself or themselves aggrieved may appeal by notice in writing
to the other party, to the appellate division of the supreme court in
said judicial district from the appraisal and report of the commis-
sioners. Such appeal shall be heard on due notice thereof, being
given according to the rules and practice of said court. On the
hearing of such appeal, the court may direct a new appraisal and
determination of any question passed upon, by the same or new
commissioners, in its discretion, but from any determination of the
special term, an appeal may be taken upon the merits to the said
appellate division of said court, and from any determination of the
said appellate division any party, if aggrieved, may take an appeal
to the court of appeals, but only as to a question affecting the prin-
cipal of the assessment of damages by the said commissioners. In
the case of a new appraisal the second report shall be filed and
notice thereof given, and such review, upon appeal or otherwise, be
had as in the case of an original report, and so, from time to time,
until a report shall be presented which the said court at special term
shall finally affirm, and shall be affirmed upon appeal, should any
appeal be taken. But the taking of an appeal by any person or per-
sons shall not operate to stay the proceedings under this title except
as to the particular parcel of real estate with which the said appeal
is concerned. Such appeal shall be heard upon the evidence taken
before such commissioners, and any affidavits as to irregularities.
Removal, etc., of commissioners of estimate.
§ 1443. In case of death, resignation, insanity, disqualification,
refusal or neglect to act, or removal of any such commissioner of
estimate appointed as in this chapter provided, it shall and may be
lawful for the court aforesaid, at a special term thereof, held in the
judicial district as aforesaid, on the application of the department of
board of The City of New York, conducting said proceeding, as
often as such event may happen, to appoint a discreet and disintcr-
ested person, being a resident of the said city of New York in the
place and stead of such commissioner so dying, resigning, becoming
insane or disqualified, refusing or neglecting to act, or removed, at
the surviving commissioners, as the case may be, shall have lu
power to proceed in the execution of the duties of their appoint-
ment until the successor of the commissioner so dying, becoming
insane, resigning, being disqualified, neglecting or refusing to act,
SS 1443-14457 FEES AND EXPENSES OF COMMISSIONERS. 693
or removed, shall be appointed. Ten days' notice of said appli-
cation shall be given to all parties who have appeared in the
proceeding.
L. 1882, ch. 410, 8 1014.
Powers of commissioners and of a majority thereof; fees, expenses. .
$ 1444. In each and every case of the appointment of commis-
sioners under this act, it shall be competent and lawful for any two
of such commissioners, so appointed as aforesaid, to proceed to and
execute and perform the trusts and duties of their said appointment,
and their acts shall be as valid and effectual as the acts of all the
commissioners if they had acted together would have been; and,
further, in all cases, the acts, proceedings and decisions of a major
part of such of the commissioners as shall be acting in the premises,
shail be as valid, binding and effectual as if the said commissioners
named and appointed for such purposes had all concurred and
joined therein. In the said proceedings any of the said commis-
sioners of estimate may issue subpoenas and administer oaths to
witnesses. The commissioners appointed under and by virtue of
this chapter, who shall enter upon the duties of their appointment,
shall each be entitled to receive such compensation as shall be
awarded by the court, upon the confirmation of their respective
reports, not exceeding ten dollars for each day upon which they
shall meet and be actually and necessarily employed in the per-
formance of their duties as commissioners, besides all reasonable
cxpenses, to be taxed and allowed by said court for inaps, surveys,
clerk hire and other necessary expenses and disbursements, and the
same shall be included in, considered and paid as part of the
expenses of acquiring the lands or interest therein for the acquire-
ident of which the said proceeding is instituted.
L. 1882, ch. 410, SS 1015, 1005.
1
Amendments of defects.
§ 1445. The special term of the supreme court in the judicial
(listrict, as aforesaid, shall have power at any time to amend any
defect or informality in any of the special proceedings authorized
by this chapter that may be necessary, or to permit any person
having an interest therein to be made a party thereto, or to relieve
Irom any default, mistake or irregularity, or to direct such further
notices to be given to any party in interest as it deems proper. And
le said court may, at any time, remove any of said commissioners
of estimate who, in its judgment, shall be incapable of serving, or
who shall, for any reason in its judgment, be an unfit person to
694
[S$ 1445-1448
FUND FOR AWARDS.
serve as commissioner. The cause of such removal shall be speci-
fied in the order making the same. If in any particular it shall at
any time be found necessary to amend any pleading, proceeding, or
to supply any defect therein arising in the course of any special
proceeding authorized by this act, the same may be amended or
supplied in such a manner as shall be directed by the said special
term of the supreme court, which is hereby authorized to make such
amendment or correction.
Corporation counsel to appear and protect interests of the city.
§ 1446. The corporation counsel shall, either in person, or by
such counsel as he shall designate for the purpose, appear for and
protect the interests of the city in all such proceedings in court and
before the commissioners of estimate.
Source of payment of awards and expenses.
§ 1447. The amounts of the awards made in a proceeding
brought under this chapter for the value of lands and interests
therein taken hereunder, shall be paid out of the fund created by the
act authorizing the acquirement of the said lands or interests therein,
and the money for the payment thereof, together with the fees of
the commissioners of estimate, the compensation of such necessary
clerks or assistants as they may employ, and all other necessary
expenses in and about the special proceeding instituted under this
chapter including the fees of counsel employed by the corporation
counsel in the proceeding, and all other reasonable expenses
incurred by said corporation counsel in the conduct of said proceed-
ing, shall be also paid out of the said fund so provided. Such fees
and expenses shall not be paid until they have been taxed at
a special term of the supreme court in the judicial district as afore-
said, upon five days' notice to the corporation counsel of The City of
New York. Upon such taxation due proof of the nature and extent
of the services rendered and disbursements charged shall be fur-
nished and no unnecessary costs or charges shall be allowed. All suchi
costs, fees and expenses or disbursements to be taxed, as aforesaid
shall be stated in detail in the bill of costs and charges and expenses,
and shall be accompanied by such proof of the reasonableness and
necessity thereof, as is now required by law and the practice of the
said court upon taxation of costs and disbursements in other special
proceedings or actions in said court.
What proceedings excepted from provisions of this chapter.
§ 1448. The provisions of this chapter shall not apply to any pro-
$ 1448]
695
PROCEEDINGS EXEMPTED.
ceedings for the purpose of opening any streets, avenues or public
places, parks or parkways, or to any proceedings for the improve-
ment of or in connection with the water supply of The City of New
York, or for the acquisition of lands for sewers or drains as pro-
vided in section five hundred and sixty-one of this act, or for the
acquisition of wharf property for the improvement of the water-
front of said city, or to any proceedings, of any nature, instituted
prior to the time of the taking effect of this act, and such pro-
ceeding shall be conducted in all respects as if this act had not
been passed.
CHAPTER XXII.
GENERAL STATUTES.
TITLE I. THE STREETS.
2. AMUSEMENTS.
3. BIRDS.
4. COMMERCIAL PAPER DURING EPIDEMIC.
PHARMACISTS AND DRUGGISTS.
6. BOARD OF CITY RECORD.
7. GENERAL PROVISIONS.
8. CORONERS.
TITLE I.
THE STREETS.
Sec, 1454. Municipal assembly to regulate driving, etc.
1455. Law of the road.
1456. Rubbish, nails, etc., not to be thrown in the streets.
1457. Processions and parades; regulations concerning.
1458. Stages and omnibuses; consent of property owners necessary
before franchise granted.
1459. Id.; application to mayor, etc., before route established.
1460. Id.; stage route to be disposed of like other franchises.
1461. Id.; not to be run except in conformity with preceding sec-
tions.
1462. Wilfully breaking street lamps, etc.
1463. Id.; detaining offender until name ascertained.
1464. Id.; preceding sections no bar to suit by person injured.
1465. Id.; informer relieved of penalty, etc.
1466. Definition of " street."
Municipal assembly to regulate driving, etc.
§ 1454. The municipal assembly is hereby authorized and em-
powered to pass ordinances regulating the rate of speed at which
horses shall be driven or ridden, and at which vehicles shall be
propelled through any street, within The City of New York, and to
pass ordinances regulating the use of the streets, in said city, by
foot-passengers, vehicles and animals. Any person violating any
ordinance so passed shall be deemed guilty of a misdemeanor and
and city, by
emed guilly person
SS 1454, 1455] LAW OF THE ROAD.
697
upon conviction thereof by any magistrate, either upon confession
of the party or competent testimony, may be fined for such offense
any sum fixed by such ordinance as a penalty not exceeding ten
dollars, and in default of payment of such fine, may be committed
to prison by such magistrate until the same be paid; but such
imprisonment shall not exceed ten days. Until the municipal
assembly shall pass ordinances regulating the matters which by
this title to such matters in the different parts of The City of
New York, as it is authorized to regulate, the laws and ordinances
now applicable constituted by this act, shall continue and remain
in full force and effect.
· See L. 1882, ch. 410, $ 1932. .
Law of the road.
§ 1455. In all cases of persons meeting each other in any street
in The City of New York, in carriages, wagons, carts, bicycles,
tricycles or sleighs, each person so meeting shall go to that side
of the street on his right, so as to enable the carriages, wagons,
carts, bicycles, tricycles or sleighs so meeting to pass each other,
. under the penalty of five dollars for every offense, to be recovered
by an action, with costs of suit, in any court having cognizance
thereof, by any person suing for the same. The proprietor of the
carriage, wagon, cart, bicycle, tricycle or sleigh, neglecting or refus-
ing to turn to the right, as above directed, shall be considered, if
present at the time of such meeting, as the person committing the
said offense, and if absent, then the driver of such carriage, wagon,
cart or sleigh, or the rider of such bicycle or tricycle shall be so
considered.
L. 1882, ch. 410, $ 1933.
(a) It is no defense to an action render a person liable for all dam-
to recover the penalty prescribed age which may arise from its viola-
by this section for driving on the tion. The liability of a person for
wrong side of a street that a per- damage caused by violating the law
son violating its provisions had no of the road depends upon the ru
design to offend, but, on the con: of law applicable to cases of negli-
trary, attempted to avoid a col gence, so that if the party aggrieved
lision. Nor is it a defense that the was guilty of contributory negli-
road on his side was rough and gence, he cannot recover for inju-
rutty, and that it was more diffi ries sustained. Newman v. Ernst,
cult for him than for the other 10 N. Y. Supp. 310; S. C., 31 N. Y.
party to turn out; uinless the obsta- State Rep. 1; Simmonson v. Stellen-
cles to turning out are insuperable merf, 1 Edmunds' S. C. 194.
or extremely difficult, he is without (c) The failure of a person to
evcuse. Faring V. Lansingh, obey the law of the road renders
Wend. 185; Simmonson v. Stellen him presumptively liable for inju-
merf, 1 Edmunds' S. C. 194.
ries arising therefrom. Pike v.
10 But the mere fact that, this Bosworth, y N. Y. State Rep. 665.
con prescribes a penalty for its Compare Newman v. Ernst, supra.
violation does not as matter of law
ules
Secti
698
[$ 1456
REFUSE ON STREETS PROHIBITED.
(d) A street car company has the
right of way over their tracks in
respect to vehicles passing either
way within the space embraced be-
tween their tracks; they have not,
however, such a right of way at
points where their car tracks cross
other streets, but their rights are
the same as other vehicles. Bubreus
v. Dry Dock R. R. Co., 53 Hun, 571;
S. C., 6 N. Y. Supp. 224; affi'd, 125
N. Y. 702.
Rubbish, nails, etc., not to be thrown in the streets.
§ 1456. No person or persons shall throw, cast or lay, or direct,
suffer, or permit any servant, agent, or employe to throw, cast or
lay any ashes, offal, vegetables, garbage, dross, cinders, shells,
straw, shavings, paper, dirt, filth or rubbish of any kind whatever,
in any street in The City of New York. The wilful violation of any
of the foregoing provisions of this section shall be and is hereby
declared to be a misdemeanor, and shall be punished by a fine of
not less than one dollar nor more than ten dollars, or by imprison-
ment for a term of not less than one, nor more than five days. It
shall be a misdemeanor, punishable by a fine of not more than five
dollars for the first offense nor more than ten dollars for the second
offense, and for the third offense not less than twenty-five nor more
than fifty dollars, or by imprisonment for not less than three nor
niore thirty days, or by both such fine and imprisonment, for any
person being the owner or the agent; or the employe of the owner
of any truck, cart, wagon, or other vehicle, or of any box, barrel,
bale of merchandise, or other movable property, to leave, or suffer
or permit to be left such truck, cart, wagon or other vehicle unhar-
nessed upon any public street within The City of New York; or,
except upon such portion of any marginal street or wharf or place
as, by the provisions of this act, is committed to the custody and
control of the board of docks, to leave, or suffer or permit to be
kept, any such barrel, box, bale, or other property, or to erect or
cause to be erected, any shed, building or other obstruction, upon
any such public street; except that in case of an accident to a truck,
cart, wagon or other vehicle, the owner or driver of said truck, cart,
wagon or other vehicle, if it be disabled by such accident, shall be
allowed a reasonable time, not exceeding three hours, to remove it.
Every person who shall wilfully throw, expose, or place, or who
shall wilfully cause, or procure to be thrown, exposed, or placed,
in or upon any street in The City of New York, open for the passage
of animals, any nails, pieces of metal, glass or other substance of
thing which might maim, wound, lame, cut, or otherwise injure any
animal, shall be guilty of a misdemeanor. Every person who shall
wilfully throw, expose or place, or who shall cause or procure to
thrown, exposed or placed in or upon any street in The City of New
York, open for the passage of animals, except upon the curves,
85 1456–1458] . PROCESSIONS AND PARADES.
699
crossings or switches of railroad tracks, any salt, or saltpetre, for
the purpose of dissolving any snow or ice which may have fallen or
been deposited thereon, shall be guilty of a misdemeanor.
L. 1882, ch. 410, SS 1936–1938.
Processions and parades; regulations concerning.
§ 1457. All processions or parades occupying or marching upon
any street, to the exclusion or interruption of other citizens in their
individual right and use thereof (excepting the national guard and
the police and fire departments, and associations of veteran soldiers)
are forbidden unless written notice of the object, time and route of
such procession or parade be given by the chief officer thereof, not
less than six hours, previous to its forming or marching, to the
police authorities of the city, and it may be lawful for said police
authorities to designate to such procession or parade how much of
the street in width it can occupy, with especial reference to crowded
thoroughfares through which said procession may move; and,
when so designated, the chief officer of said procession or parade
shall be responsible that the designation is obeyed; and it shall be
the duty of the police authorities to furnish such escort as may be
necessary to protect persons and property and maintain the public
peace and order. All processions or parades on Sunday, in any
street of the city, excepting only funeral processions engaged in
the actual burial of the dead, and processions to and from any place
of worship in connection with a religious service there celebrated,
are forbidden; and in no such excepted case shall there be any
music, fireworks, discharge of cannon or firearms, or other disturb-
ing noise; provided that in any military or Grand Army of the
Republic funeral, music may be played while escorting the body to
and from such places, but such music shall not be played within one
block of any place of worship where worship is being celebrated.
Every person wilfully violating any provision of this section or any
ordinance passed by the municipal assembly pursuant to the last
preceding section shall be guilty of a misdemeanor punishable with
a fine not exceeding twenty dollars or imprisonment not exceed-
ing ten days, or both, at the discretion of the court.
L. 1882, ch. 410, SS 1939–1942.
stages and omnibuses; consent of property owners necessary before
franchise granted.
1458. No stage or omnibus route, or authority to run stages
or omnibuses in The City of New York, shall hereafter be granted
by the municipal assembly, unless a majority of the owners of prop-
700
STAGES AND OMNIBUSES. [SS 1458–1462
erty upon the streets, in or upon which any such route or privilege
is to be operated, shall, before the municipal assembly act on the
subject, first consent in writing thereto.
| L. 1882, ch. 410, 8 1947.
Id.; application to mayor, etc., before route established.
§ 1459. Before any route for the running of omnibuses or stages
shall be established or allowed to be operated in said city, except
as provided in section fourteen hundred and fifty-eight of this act,
the application therefor shall be made in writing to the mayor of
said city, specifying the route proposed to be established and the
number of stages or omnibuses proposed to be run thereon; and
unless the said mayor shall communicate such application to the
municipal assembly with his approval thereof, and said municipal
assembly after receiving such communication and approval shall
vote in favor thereof by a three-fourths vote of all the members
elected to each house, no such route shall be established or operated;
and upon such favorable action such route may be established
and operated accordingly, and the ownership thereof may be
transferred.
L. 1882, ch. 410, $ 1948.
Id.; stage route to be disposed of like other franchises.
1460. Any stage route or privilege hereafter granted by the
municipal assembly shall be disposed of in the manner provided
by law for the disposition of the franchises of said city.
| L. 1882, ch. 410, 8 1949.
Id.; not to be run except in conformity with preceding sections.
§ 1461. It shall not be lawful to run stages or omnibuses in The
City of New York, as constituted by this act, except in conformity
with the preceding section.
| L. 1882, ch. 410, 8 1952.
Wilfully breaking street lamps, etc.
§ 1462. If any person shall wilfully break, take down or carry
away any glass lamp hung or fixed in any of the streets of The
City of New York, or extinguish the lights therein, or be aiding
or abetting the same, or shall wilfully break or deface any glass,
window, porch, knocker, or other fixture in the said city, and shall
be convicted thereof before the recorder, or before any city magis-
trate, either by the confession of the party or by the oath of one of
more credible witness or witnesses, he or she shall, for every suc
offense, pay a fine not exceeding twenty-five dollars. Upon relui
SS 1462–1465] BREAKING OF LAMPS, WINDOWS, ETC. 701
of payment of such fine, it shall and may be lawful for such recorder
or justice, before whom such conviction shall take place, to commit
such offender to the penitentiary, there to remain until such fine
and costs are paid; but not longer than for the space of two months,
and if any such offense shall be committed by any apprentice or
servant, such forfeiture shall be paid by his or her master or mis-
tress, or in default thereof, such apprentice or servant shall be com-
mitted to such penitentiary in manner aforesaid.
L. 1882, ch. 410, $ 1953.
XT
Id.; detaining offender until name ascertained.
§ 1463. It shall and may be lawful to and for any sheriff, deputy
sheriff, marshal, or member of the police force, who shall see any
person commit any of the mischiefs or trespasses aforesaid, if such
person or persons shall be unknown to such sheriff, deputy sheriff,
marshal, or member of the police force, to seize, secure, and detain
such offender so unknown to him as aforesaid, until he can discover
the name of such offender, or until the next morning (if the offense
shall be committed in the night time and the offender shall
refuse to discover his or her name) when such offender shall be
brought before the recorder or one of the city magistrates, who on
conviction of such offender shall proceed against him or her in the
manner hereinbefore directed; and further, in case any person shall
commit any or either of the offenses aforesaid in the presence of
such sheriff, deputy sheriff, marshal, or member of the police force,
then every such sheriff, deputy sheriff, marshal, or member of the
police force shall forthwith give information thereof to such -
recorder or either of the city magistrates, in order that such offender
may be convicted thereof and punished. '
L. 1882, chi 410, $ 1954.
Id.; preceding sections no bar to suit by person injured.
§ 1464. Neither the two preceding sections, nor anything therein
contained, shall bar or preclude any person or persons from recov-
ering his, her or their damages against any other person or persons
who shall be guilty of any of the mischiefs or trespasses aforesaid,
but the same may be recovered in the same manner as if they had
never been passed.
L. 1882, ch. 410, 8 1955.
Id.; informer relieved of penalty, etc.
§ 1465. If two or more persons shall have been jointly con-
cerned in committing any of the offenses aforesaid, and one or more
702
[S8 1465-1472
DEFINITION OF STREET.
of them (not being before informed against) shall, within the space
of one month after the offense committed, inform against any or all
the other or others concerned in the same offense so as to convict
him, her or them, the person so informing shall not be liable to the
payment of the fine hereinbefore mentioned.
L. 1882, ch. 410, 8 1957.
Definition of " street.”
§ 1466. Whenever the word "street" or the plural thereof occurs
in this title, it shall be deemed to include, unless otherwise expressly
stated, all that is included by the terms “street, avenue, road, alley,
lane, highway, boulevard, concourse, public square and public
place,” or the plurals thereof respectively.
TITLE 2.
AMUSEMENTS.
Sec. 1472. Public exhibitions to be licensed.
1473. Police department grants license; fee; penalty for neglect to
obtain license.
1474. Id.; commutation of license fee.
1475. Id.; fees to be paid over to comptroller.
1476. Revocation of license.
1477. Penalty for violating provisions of this title.
1478. Police, etc., to arrest offenders.
1479. Corporation counsel may enjoin exhibitions without license.
1480. Preceding sections not applicable to certain performances.
1481. Exhibitions on Sunday prohibited.
1482. Minors under fourteen unaccompanied by adult not to be ad-
mitted to theatres at night.
1483. Prohibition of sale of spirituous liquors and employment of
female waiters.
1484. Violation of preceding section annuls license.
1485. Violation of any provision of the two preceding sections a mis-
demeanor.
1486. Police, etc., to enter places of amusement and arrest offenders.
1487. Doors and exits to be conspicuously numbered; diagrams to be
printed on programmes.
Public exhibitions to be licensed.
§ 1472. It shall not be lawful to exhibit to the public in any build-
ing, garden or grounds, concert room or other place or room within
The City of New York, any interlude, tragedy, comedy, opera, bal-
let, play, farce, minstrelsy or dancing, or any other entertainment
of the stage, or any part or parts therein, or any equestrian, circus,
or dramatic performance, or any performance of jugglers, or rope
88 1472, 14731
703
LICENSES FOR AMUSEMENTS.
dancing, or acrobats, until a license for the place of such exhibi-
tion for such purpose shall have been first had and obtained, as
hereinafter provided.
| L. 1882, ch. 410, $ 1998.
(a) This section includes all
classes of public exhibitions such
as are usually conducted upon a
stage, for the observation and
amusement of the public; and a
place of public amusement where
concerts are given upon a stage is
within the terms of the provision.
The Mayor v. Eden Musee Co., 102
N. Y. 593.
(b) This section requiring a
license in certain cases includes im-
promptu characterizations, if per-
formed 'on successive nights in a
public hall, for admission to which
à price is charged. Society, etc. v.
Diers, 10 Abb. Pr. (N. S.) 216.
(c) See Wallack v. Society, etc.,
67 N. Y. 23; affi'g 3 Hun, 8+; So-
ciety for Reformation of Juvenile
Delinquents v.Neusbach, 16 Weekly
Dig. 349; Thurber v. Sharp, 13
Barb. 627; United States v. Colches-
ter, 2 Int. R. Rec. 70; People ex rel.
Ferro T. Andrewr; Kramer V. Bd.
of Police, cited under $ 1483, post.
Police department grants license; fee; penalty for neglect to obtain
license.
§ 1473. The police department is hereby authorized and empow-
ered to grant such license, to continue in force until the first day of
May next ensuing the grant thereof, on receiving for each license
so granted, and before the issuing thereof, the sum of five hundred
dollars; and every manager or proprietor of any such exhibition or
performance who shall neglect to take out such license, or consent,
or cause, or allow any such exhibition or performance, or any
single one of them without such license, and every person aiding
in such exhibition, and every owner or lessee of any building, part
of a building, garden, grounds, concert room or other room or
place, who shall lease or let the same for the purpose of any such
exhibition or performance, or assent that the same be used for any
such purpose, except as permitted by such license, and without
such license having been previously obtained and then in force
if the same shall be used for such purpose, shall be subject to a pen-
alty of one hundred dollars for every such exhibition or perform-
ance, which penalty shall be prosecuted, sued for and recovered
in the name of The City of New York, and shall be paid to the
chamberlain of The City of New York, to be paid into the treasury
of said city.
| L. 1882, ch. 410, $ 1999.
(a) The municipal authorities are
not absolutely bound under this
section to grant a license to an ap-
plicant upon tender of the license
Tee, but, in their discretion, may
refuse such license, although the
fee is tendered. People ex rel.
Worth v. Grant, 58 Hun, 455; S. C.,
12 N. Y. Supp. 879; People ex rel.
Mörse v. The Mayor, 9 Weekly Law
Bulletin, 141.
704
FEES FOR LICENSES. [SS 1474-1477
Id.; commutation of license fee.
§ 1474. The said police department is hereby authorized to grant
licenses for said exhibitions or performances for any term less than
one year, and in any case where such license is for a term of three
months or less, the said police department is hereby authorized to
commute for a sum less than five hundred dollars, but in no case
less than two hundred and fifty dollars for a theatre, or one hundred
and fifty dollars for a circus, concert room, or other building or
place whatsoever.
| L. 1882, ch. 410, $ 2000.
Id.; fees to be paid over to comptroller.
§ 1475. Upon granting every such license authorized by this title,
the said police department shall receive from the person to whom
the same shall be granted the amount payable for said license, as
above provided, which amounts as respectively received by it shall
be paid over to the comptroller of The City of New York, to be paid
into the treasury of said city.
L. 1882, ch. 410, $ 2001.
X
Revocation of license.
§ 1476. Any license provided for by the preceding sections may
be revoked and annulled by any judge or justice of any court of
record in said city upon proof of a violation of any of the provisions
of this title; such proof shall be taken before such judge or justice,
upon notice of not less than two days to show cause why such
license should not be revoked; said judge or justice shall hcar the
proofs and allegations in the case, and determine the same suin-
marily; and no appeal shall be taken from such determination; and
any person whose license shall have been revoked or annulled shall
not thereafter be entitled to a license under the provisions of said
sections; on any examination before an officer, pursuant to a notice
to show cause as aforesaid, the accused party may be a witness in
his own behalf.
L. 1882, ch. 410, g 2002.
Penalty for violating provisions of this title.
§ 1477. Any person violating any of the provisions of sections
fourteen hundred and seventy-two and fourteen hundred and
seventy-three of this act shall be deemed guilty of a misdemeanor,
and upon conviction shall be punished by imprisonment in the peni-
tentiary for a term not less than three months nor niore than one
88 1477-1479) EXHIBITIONS WITHOUT LICENSE.
705
year, or by a fine not less than one hundred dollars nor more than
five hundred dollars, or by both such fine and imprisonment:
L. 1882, ch. 410, $ 2003.
Police, etc., to arrest offenders.
§ 1478. It shall be the duty of every sheriff, deputy sheriff, con-
stable and of every member of the police force to enter, at any time,
said places of amusement and to arrest and convey any person or
persons violating any provisions of sections fourteen hundred and
seventy-two and fourteen hundred and seventy-three of this act,
forthwith, before any city magistrate or recorder having jurisdiction
in said city, there to be dealt with according to law.
| L. 1882, ch. 410, 8 2004.
Corporation counsel may enjoin exhibitions without license.
§ 1479. In case any person shall open or advertise to open any
theatre, circus or building, garden or ground, concert room or other
place for any such exhibition or performance in said city, referred to
in section fourteen hundred and seventy-two of this act without first
having obtained a license therefor, as provided for by section four-
teen hundred and seventy-three of this act, it shall and may be
lawful for the corporation counsel of The City of New York to
apply to the supreme court, or any justice thereof, for an injunction
to restrain the opening thereof until he shall have complied with
the requisites of said section in obtaining such license and also with
such order as to costs as such court or justice may deem just and
proper to make; which injunction may be allowed upon a complaint
to be in the name of The City of New York in the same manner
as injunctions are now usually allowed by the practice of said court.
Any injunction allowed under this section may be served by posting
the same upon the outer door of the theatre or circus or building
wherein such exhibitions may be proposed to be held, or if the same
shall be in a garden or grounds, then by posting the same at, or on
or near the entrance way to any such place of exhibition; and in
case of any proceeding against the manager or proprietor of any
Such theatre, circus, or building, or garden or grounds, as afore-
said, it shall not be necessary to prove the personal service of the
injunction, but the service hereinbefore provided shall be deemed
and held sufficient.
L. 1882, ch. 410, 2005; L. 1885, chi 249.
See Wallack v. Society, etc., 67 N. Y. 23.
45
706
SUNDAY PERFORMANCES. [$S 1480, 1481
Preceding sections not applicable to certain performances.
§ 1480. The provisions and requirements of sections fourteen
hundred and seventy-two to fourteen hundred and seventy-nine of
this act, inclusive, shall not be held to apply to any building, hall,
room or rooms in which only private theatricals, tableaux and other
exhibitions for charitable and religious purposes are given, nor to
the manager or managers of exhibitions given by amateurs for the
benefit of any church, mission, parish or Sunday-school, or for any
other charitable or religious purpose, nor shall the same be held to
apply to the masonic temple in New York, or the trustees of the
masonic hall and asylum fund, so long as the revenues of said temple
shall continue to be applied to the use of the masonic hall and
asylum, or other charitable purpose, nor to the educational alli-
ance, or to the directors or officers of said society as such with
respect to any building which shall in whole or in part be owned or
leased by said society, while so owned or leased, so long as the
- revenue thereof shall continue to be applied to the support of said
society and to the religious, charitable, social, educational or literary
purposes of said society.
L. 1882, ch. 410, $ 2006; L. 1894, chi 243.
Exhibitions on Sunday prohibited.
$ 1481. It shall not be lawful to exhibit on the first day of the
week, commonly called Sunday, to the public, in any building,
garden, grounds, concert room or other room or place within The
City of New York, any interlude, tragedy, comedy, opera, ballet,
play, farce, negro minstrelsy, negro or other dancing or any other
entertainment of the stage, or any part or parts therein, or any
equestrian, circus or dramatic performance, or any performance of
jugglers, acrobats or rope dancing. Any person offending against
the provisions of this section, and every person aiding in such
exhibitions by advertisements or otherwise, and every owner or
lessee of any building, part of a building, ground, garden, or concert
room or other room or place, who shall lease or let out the same
for the purpose of any such exhibition or performance, or assent
that the same be used for any such purpose, shall be guilty of a mis-
demeanor, and in addition to punishment therefor provided by law,
shall be subject to a penalty of five hundred dollars which penalty
the corporation counsel of said city is hereby authorized in the name
of The City of New York to prosecute, sue for and recover; in addi-
tion to which every such exhibition or performance shall of itself
forfeit, vacate and annul and render void and of no effect any
license which shall have been previously obtained by any manager,
S$ 1481-1483] SALE OF LIQUOR AT PERFORMANCES.
707
proprietor, owner or lessee consenting to, causing or allowing or
letting any part of a building for the purpose of any such exhibition
or performance.
L. 1882, ch. 410, 8 2007; L. 1885, ch. 249.
(a) This section does not infringe sary; and it is the sole judge of the
upon the right to “the free exercise acts proper to be prohibited, with a
and enjoyment of religious profes view to the public peace on that
sion and worship,” preserved by day. Newendorff v. Duryea, 69 N.
the Constitution of the State, the Y. 557, affi'g. 6 Daly, 276; s. C., 52
legislature having authority to pro- How. Pr. 267; Lindenmuller v. Peo-
tect Sunday from desecration by ple, 33 Barb. 548; People v. Hoym,
such laws as it may deem neces- 20 How. Pr. 76.
Minors under fourteen unaccompanied by adult not to be admitted to
theaters at night.
§ 1482. It shall not be lawful for any owner, lessee, manager,
agent or officer of any theatre in The City of New York to admit to
any theatrical exhibition held in the evening, any minor under the
age of fourteen years, unless such minor is accompanied by, and
is in the care of, some adult person. Any person violating the
provisions of this section shall be guilty of a misdemeanor, and
shall be ļiable to a fine of not less than twenty-five dollars nor
more than one hundred dollars, or imprisonment for a term not
less than ten nor more than ninety days for each offense. All
moneys recovered under the provisions of this section, for fines,
shall be paid over to the comptroller of said city, to be paid into the
treasury of said city.
L. 1882, ch. 410, 8 2009; L. 1885, ch. 249.
1
.
Prohibition of sale of spirituous liquors and employment of female
waiters.
§ 1483. It shall not be lawful to sell or furnish any wine, beer or
strong or spirituous liquors to any person in the auditorium or lob-
bies of any place of exhibition or performance mentioned in sec-
tion fourteen hundred and seventy-two of this act, or in any apart-
ment connected therewith by any door, window or other aperture,
except that the police department may, in its discretion, and subject
to such regulations and restrictions as it may determine, permit
the same to be sold or furnished while concerts, consisting of vocal
or instrumental music only are being given in a place duly licensed
by it as hereinbefore provided. Such permission shall only be
operative so long as it shall be lawful under the laws of this state
to sell or furnish wine, beer or strong or spirituolis liquors at such
Peace, and may be revoked at any time by the police department.
It shall not be lawful to employ or furnish or permit or assent to the
708.
SALE OF LIQUOR AT PERFORMANCES. [S$ 1483-1485
employment or attendance of any female to wait on or attend in any
manner, or furnish refreshments to the audience or spectators or
any of them, at any of the exhibitions or performances mentioned in
said section, or at any other place of public amusement in The City
of New York. The provisions of this act shall not be construed to
interfere with the right of any incorporated or other society, crgan-
ized and maintained for the cultivation of vocal or instrumental
music, to exercise and practice the same in good faith for them-
selves only, and not for the observation and entertainment of the
public; nor shall the use or occupation by any such society for the
purposes aforesaid of any hall or room connected with any place
wherein by the laws of this state it is lawful to sell wine, beer or
strong or spirituous liquors be construed to make such place a
place of public amusement within the provisions of this act.
L. 1882, ch. 410, $ 2010.
(a) An action for an injunction
will not lie to restrain the police
department from arresting a per-
son for an alleged violation of this
section, on the ground that the per-
son threatened with arrest does
not violate this provision. Kramer
v. Board of Police, 53 N. Y. Super.
(J. & S.) 492; S. C., 4 N. Y. Crim. 548.
(6) The board of excise should
not grant a license for the sale of
liquors at a place at which public
concerts are given on a stage un-
der $ 1472, ante, and their refusal to
grant a license in such a case held
valid. People ex rel. Ferro v. An-
drews, 54 Ñ. Y. Super. (J. & S.)
183; s. C., 3 N. Y. State Rep. 549.
Violation of preceding section annuls license. .
§ 1484. No license shall be granted for any exhibition or per-
formance given in violation of the preceding section, and any and
every exhibition or performance at which any of the provisions of
the said section shall be violated, shall of itself vacate and annul and
render void and of no effect any license which shall have been pre-
viously obtained by any manager, proprietor, owner or lessee con-
senting to, causing or allowing or letting any part of a building for
the purpose of such exhibition and performance.
L. 1882, ch. 410, $ 2011.
.
Violation of any provision of the two preceding sections a misde-
meanor.
§ 1485. Any person violating any of the provisions of the two
preceding sections, or employing, or assenting to the employment
or attendance of any person contrary to the provisions of said sec-
tions, shall be deemed guilty of a misdemeanor, and upon convic-
tion shall be punished by imprisonment in the penitentiary for
a term of not less than three months nor more than one year, or by
a fine not less than one hundred dollars nor more than five hun-
dred dollars, or by both such fine and imprisonment.
L. 1882, ch. 410, 8 2012.
S$ 1486–1493] PROGRAMME TO HAVE PLAN OF EXITS. 709
Police, etc., to enter places of amusement and arrest offenders.
$ 1486. It shall be the duty of the sheriff, deputy sheriff, consta-
ble and of every member of the police force to enter at any time
said places of amusement, and to arrest and convey any person or
persons violating any provision of the three preceding sections,
forthwith, before any city magistrate or recorder having jurisdiction
in said city, there to be dealt with according to law.
| L. 1882, ch. 410, 8 2013.
Doors and exits to be conspicuously numbered; diagrams to be printed
on programmes.
§ 1487. The owner, lessee, manager or other person or persons
having charge or control of any theatre shall cause each and every
door and means of exit to be used in case of fire or panic, to be
conspicuously numbered, so as to be visible to the audience by
whom the same may be used, and shall have or cause to be printed
in conspicuous type a plan or diagram, and explanation, showing .
each of said exits thereon, and referring to the numbers aforesaid,
and the same shall be printed in conspicuous type, as aforesaid, on
the programme or bill of the play. Any and all persons who shall
violate any of the provisions of this section, or fail to comply
therewith, or any requirement thereof, shall severally, for each and
every violation and noncompliance, respectively forfeit and pay
a penalty in the sum of fifty dollars; to be sued for and recovered,
in the same manner as violations of the buildings laws in The City
of New York are now sued for and recovered pursuant to the pro-
visions of this act. :
L. 1882, ch. 410, 8 2014.
TITLE 3.
BIRDS.
Killing or selling certain birds prohibited.
§ 1493. No person shall kill, wound, trap, net, snare, catch with
bird lime, or with any similar substance or drug, or in any other
manner capture or sell, expose for sale, or transport during the
months of April, May, June, July, August, September or October,
Itì any year any bird of song, or any linnet, bluebird, yellow-hammer,
yellow-bird, thrush, woodpecker, cat-bird, pewee, swallow, martin,
blue-jay, oriole, kildee, snow-bird, grass-bird, grosbeak, phæbe-
bird, humming-bird, blackbird, wren, excepting birds bred in a cage
or imported from Europe or the southern states. No person shall
kill or expose for sale, or have in his possession after the same has
710
KILLING OF BIRDS PROHIBITED. [S$ 1493–1500
been killed, any robin, meadow lark or starling, between the first
day of January and the fifteenth day of October, save only when
such birds are killed on the premises of the persons killing, and
while they are destroying fruit. This section shall not apply to
any person who shall kill any bird for the purpose of studying its
habits or history, or having the same stuffed and set up as a speci-
men. Any person violating this section shall be deemed guilty of
a misdemeanor, punishable by imprisonment in the county jail
or penitentiary, of not less than five or more than thirty days, and
shall also be liable to a penalty of fifty dollars, to be recovered with
costs, by any person suing therefor in his own name. In all actions
for the recovery of penalties under this section, one-half of the
recovery shall belong to the plaintiff, and the remainder shall be
paid to the chamberlain.
L. 1882, ch. 410, $ 2025.
TITLE 4.
COMMERCIAL PAPER DURING EPIDEMIC.
Sec. 1499. Persons, etc., in infected district may have names, etc., regis-
tered by city clerk.
1500. Id.; must register place at which commercial paper to be pre-
sented.
1501. Commercial paper may be presented at place designated.
1502. On failure to register commercial paper may be presented to
city clerk.
1503. On failure to register, notice of protest, etc., may be served by
. leaving at post-office.
1504. When epidemic deemed to have subsided.
Persons, etc., in infected district may have names, etc., registered by
city clerk.
§ 1499. Whenever the board of health shall, by public notice,
designate any portion or district of The City of New York as being
the seat of any infectious or contagious disease, and declare com-
munication with such portion or district dangerous, or shall pro-
hibit such communication, it shall be the duty of the city clerk
during the continuance of such disease in such district, to provide
and keep in his office a book for the purpose of registering, in
alphabetical order, the names, firms, and places of business of any
inhabitant of the city who shall desire such registry to be made.
L. 1882, ch. 410, $ 2026.
Id.; must register place at which commercial paper to be presented.
$ 1500. It shall be the duty of all persons and firms usually resi-
88 1500-15037 COMMERCIAL PAPER DURING EPIDEMIC.
711
dent or doing business within such infected district to register, in
the book so provided by the said city clerk, their names or firms,
with the place or places out of such infected district, but within
The City of New York to which they may have removed the trans-
action of their business, or to which they may desire any notices to
be sent or served, or any notes, drafts, or bills to be presented for
acceptance or for payment. The sum of twenty-five cents may
be claimed and received by the said clerk for every such registry;
but the book in which the same shall be entered shall be, at all
times during office hours, open to public examination, free of all
charges.
L. 1882, ch. 410, $ 2027.
Commercial paper may be presented at place designated.
$ 1501. During the continuance of any such disease in such
infected district, all drafts, notes, and bills, which by law are
required to be presented for acceptance or for payment, may be pre-
sented for such purpose at the place so designated in such registry,
and all notices of nonacceptance and nonpayment of any note, draft
or bill, or of protest, for such nonacceptance or nonpayment, may be
served by leaving the same at the place so designated
L. 1882, ch. 410, $ 2028.
On failure to register, commercial paper may be presented to city clerk.
§ 1502. In case any person or firm usually resident or doing busi-
ness within such infected district shall neglect to make and cause
to be entered in the book so provided, the registry herein required,
all notes, drafts, or bills which by law are required to be presented
to such person or firm for acceptance or for payment, may be pre-
sented to the said city clerk during the continuance of such disease,
at any time during office hours, and demand of acceptance or pay-
ment thereof may be made of the said clerk, to the same purpose
and with the same effect as if the same had been presented, and
acceptance or payment demanded of such person or firm at their
usual place of doing business.
L. 1882, ch. 410, 8 2029.
On failure to register, notice of protest, etc., may be served by leaving
at post-office.
Ś 1503. In case of the omission to make the registry herein
required, all notices of the nonacceptance or nonpayment of any
note, draft, or bill, or of protest for such nonacceptance or non-
712
PHARMACISTS AND DRUGGISTS. [S$ 1503-1510
payment, may be served on any person or firm usually resident or
doing business within such infected district, by leaving the same
at one of the post-offices for the said city, which service shall be as
valid and effectual as if the notices had been served personally on
such person or one of such firm at his or their usual place of doing
business..
L. 1882, ch. 410, $ 2030.
1
When epidemic deemed to have subsided.
§ 1504. Whenever proclamation shall be made by the board of
health or other proper authority of the city, that an infectious or
contagious disease in any such infected district has subsided, it
shall be deemed to have subsided, for all purposes contemplated in
this title.
L. 1882, ch. 410, $ 2031.
TITLE 5.
PHARMACISTS AND DRUGGISTS.
Sec. 1510. Registered pharmacists only to conduct pharmacy, except, etc.
1511. Id.; qualifications of registered pharmacists.
1512. Graduates and licentiates defined.
1513. Board of pharmacy; election, duties.
1514. Books for registration of pharmacists, etc.
1515. Pharmacists responsible for quality of drugs, etc., sold; patent
medicines, adulteration, etc.
1516. Poisons; retailing of.
1517. Application of preceding sections to practitioners of medicine
and wholesale dealers.
1518. Fraudulent registration, permitting unlicensed person to com-
pound medicines.
1519. Penalties to be paid to College of Pharmacy.
1520. Boards of pharmacy abolished.
Registered pharmacists only to conduct pharmacy, except, etc.
$ 1510. It shall be unlawful for any person unless a registered
pharmacist within the meaning of this title to open or conduct any
pharmacy or store for retailing, dispensing or compounding medi-
cines or poisons in The City of New York as constituted by this
act, except as hereinafter provided; provided that the widow or
legal representative of a deceased person who was a registered
pharmacist within the meaning of this title may continue the busi-
ness of such deceased pharmacist, provided that the actual retail-
ing, dispensing or compounding of medicines or poisons be only
88 1510713
5
–1512]
REGISTERED PHARMACISTS.
by a person who is a registered pharmacist within the meaning of
this title.
L. 1882, ch. 410, 8 2015; L. 1889, ch. 448.
(a) This section is not repealed not to the proprietors. People v.
by & 405, 725 and 726 of the Penal Routey, 21 N. Y. State Rep. 173;
Code; $ 405 merely relates to per- S. C., 4 N. Y. Supp. 235; S. C., 51 Hun,
sons employed in a drug store, and 640; affi'd 117 N. Y. 624.
Id.; qualifications of registered pharmacists.
§ 1511. Any person, in order to be registered, shall be either
a graduate in pharmacy or a licentiate in pharmacy or a graduate
having a diploma from some legally constituted medical college or
society. But a license as a pharmacist granted any person after
the examination by any board of pharmacy legally created under
the laws of this state shall entitle such person to a license or certifi-
cate of registration from the board of pharmacy created by this
title, upon presenting to said board his license and complying with
the formal requirements of the laws. Any person who, at the time
this act takes effect, shall be entitled by law to open or conduct
any pharmacy or store for retailing, dispensing or compounding
medicines or poisons in any part of the territory included in The
City of New York, as constituted by this act, shall be entitled here-
after to open or conduct any such pharmacy or store in said city
and to be registered by the board of pharmacy created by this title.
L. 1882, ch. 410, $ 2016.
U
Graduates and licentiates defined.
§ 1512. Graduates of pharmacy within the meaning of this title
shall be those persons who have had at least four years experience.
in stores where prescriptions of medical practitioners have been
compounded, and who have obtained a diploma from any college
of pharmacy within the United States, or from some authorized
foreign institution or examining board; and licentiates in pharmacy
shall be those persons who have had at least four years' experience
in stores where prescriptions of medical practitioners are com-
pounded, and who shall have passed an examination either before
the board for the examination of and licensing druggists and pre-
scription clerks in The City of New York, as heretofore existing,
established by an act passed March twenty-eighth, eighteen hundred
and seventy-one, or before the board of pharmacy in The City of
New York, as heretofore existing or before the board of pharmacy
of the county of Kings or before the board of pharmacy created by
this title, for The City of New York as constituted by this act,
of such foreign pharmacists as shall present satisfactory credentials
714
VIL
BOARD OF PHARMACY.
L88
, 1513
[SS 1512or certificates of their competency and qualifications to the said last-
mentioned board of pharmacy. Junior assistants or apprentices in
pharmacy shall not be permitted to prepare physicians' prescrip-
tions until they have become graduates or licentiates in pharmacy.
L. 1882, ch. 410, $ 2017.
(a) This section is not unconsti- (6) Because there was no board
tutional under State Const., in that of pharmacy in existence as con-
it makes two existing laws a part templated by this section, a person
of such act without inserting them is not relieved from the penalty
therein; the act of 1872, to which imposed by § 1518, post; he should
reference is had, was in fact con- have required the proper board to
tained and is set out in haec verba in be appointed. People v. Routey,
this section. People v. Routey, Ibid.
cited under $ 1510, ante.
Board of pharmacy; election, duties.
§ 1513. The members of the college of pharmacy of The City of
New York, which is situated in the borough of Manhattan, the
members of the German Apothecaries' Society of New York, and
the members of the Kings County Pharmaceutical Society, shall,
on the first Monday of January, eighteen hundred and ninety-
eight, and on the same day every third year thereafter, at a special
meeting held by each for that purpose, elect five competent phar-
macists, who shall form and be known as the board of pharmacy.
Of these five members, two shall be elected by the said New York
College of Pharmacy, one by the German Apothecaries' Society,
and two by the Kings County Pharmaceutical Society. The
members of this board shall, within thirty days after their elec-
tion as aforesaid, individually take and subscribe before the clerk
of the city of New York an oath faithfully and impartially to dis-
charge the duties prescribed for them by this title. They shall
hold office for the term of three years and until their successors
are duly elected and have qualified; and in case of any vacancy
in this board, the organization which elected the member or mem-
bers whose position or positions have become vacant shall fill
such vacancy or vacancies at once by an election at a special
meeting. The said board shall organize for the transac-
tion of business by electing from their own number, for the whole
term, a president and secretary. The board shall meet at least once
every three months and three members shall constitute a quorum.
The duties of the said board shall be to transact all business per-
taining to the legal regulation of the practice of pharmacy in The
City of New York, and to examine and register pharmacists. Any
pharmacist applying for examination shall pay to the secretary a tee
of five dollars, and should he pass such examination satisfactorily,
he shall be furnished with a certificate as to his competency and
qualification, signed by the said board of pharmacy. (As amendea
by L, 1897, ch. 702, $ 1.)
L. 1882, ch. 410, 8 2018.
DU
SS 1514-15165
715
] RETAILING OF POISONS.
Books of registration of pharmacists, etc.
§ 1514. It shall be the duty of the secretary to keep a book of
registration at some convenient place, of which due notice shall
be given through the public press, in which book shall be entered,
under the supervision of the said board, the names and places of
business of all persons coming under the provisions of this title.
It shall be the duty of all such persons to appear before the said
board of pharmacy, and register, and the fee for the registration
of pharmacists shall not exceed two dollars, and for assistants
shall not exceed one dollar. The secretary shall give receipts for
all moneys received by him, which moneys shall be used for the
purpose of defraying the expenses of the board of pharmacy, and
three-fifths of any surplus shall be for the benefit of the College
of Pharmacy of the City of New York, situated in the borough
of Manhattan, and two-fifths of such surplus shall be for the
benefit of the Brooklyn College of Pharmacy, situated in the
borough of Brooklyn. The salary of the secretary shall be fixed
by the board, and shall be paid out of the registration fees. (As
amended by L. 1897, ch: 703, § 1.)
| L. 1882, ch. 410, $ 2019.
Pharmacists responsible for quality of drugs, etc., sold; patent medi-
cines, adulteration, etc.
§ 1515. Every registered pharmacist shall be held responsible
for the quality of all drugs, chemicals, and medicines he may sell.
or dispense, with the exception of those sold in the original pack-
ages of the manufacturer, and also those known as "patent medi-
cines," and should he knowingly, intentionally and fraudulently
adulterate, or cause to be adulterated, such drugs, chemicals, or
medical preparations, he shall be deemed guilty of a misdemeanor,
and upon conviction thereof, be liable to a penalty not exceeding
one hundred dollars, and in addition thereto, his name shall be
stricken from the register. . .
I. 1882, ch. 410, 8 2020.
Poisons; retailing of.
$ 1516. It shall be unlawful for any person to retail any poisons
enumerated in schedules A and B, as follows, to wit:
Schedule A-Arsenic and its preparations, corrosive sublimate,
White precipitate, red precipitate, biniodide of mercury, cyanide of
Potassium, hydrocyanic acid, strychnia, and all other poisonous,
vegetable alkaloids and their salts, essential oil of bitter almonds,
opium and its preparations, except paregoric and other prepara- .
cons of opium containing less than two grains to the ounce.
Schedule B-Aconite, belladonna, colchicum, conium, nux :
omnica, henbane, savin, ergot, cottonroot cantharides, creosote,
716
5
RETAILING OF POISONS.
–1518
[SS 1516S
digitalis, and their pharmaceutical preparations, croton oil, chloro.
form, chloral hydrate, sulphate of zinc, mineral acids, carbolic
acid and oxalic acid, without distinctly labeling the bottle, box,
vessel or paper in which the said poison is contained, and also the
outside wrapper or cover with the name of the article, the word
"poison,” and the name and place of the seller; nor shall it be
lawful for any person to sell or deliver any poisons enumerated
in schedules A and B, unless upon due inquiry it be found that the
purchaser is aware of its poisonous character, and represents that
it is to be used for a legitimate purpose. Nor shall it be lawful for
any registered pharmacist to sell any poisons included in schedule
A, without, before delivering the same to the purchaser, causing
an entry to be made in a book kept for that purpose, stating the
date of sale, the name and address of the purchaser, the name and
quality of the poison sold, the purpose for which it is represented
by the purchaser to be required, and the name of the dispenser;
such book to be always open for inspection by the proper authori-
ties, and to be preserved for reference for at least five years. The
provisions of this section shall not apply to the dispensing of
poisons, in not unusual quantities or doses, upon the prescriptions
of practitioners of medicine.
L. 1882, ch. 410, 8 2021.
Application of preceding sections to practitioners of medicine and
wholesale dealers.
§ 1517. Nothing contained in the foregoing sections of this title
shall apply to or interfere with the business of any practitioner
of medicine who does not keep open shop for the retailing of medi-
cines and poisons, nor with the business of wholesale dealers, but
the preceding section, and the penalties for its violation, shall
apply to such persons.
I. 1882, ch. 410, § 2022.
Fraudulent registration, permitting unlicensed person to compound
medicines.
§ 1518. Any person who shall attempt to procure registration
for himself, or for any other person, under this title, by making
or causing to be made any false representation, shall be deemed
guilty of a misdemeanor, and shall, upon conviction thereof, be
liable to a penalty not exceeding five hundred dollars. Any regis-
tered pharmacist who shall permit the compounding and dispens-
ing of prescriptions of medical practitioners in his store or place
of business, by any person or persons not registered, or any pero
son not registered who shall keep open shop for the retailing of
dispensing of medicines and poisons, or who shall fraudulently
represent himself to be registered, or any registered pharmacist
SE 1518–1526]
717
BOARD OF CITY RECORD.
or dealer in medicines who shall fail to comply with the regulations
and provisions of this title, in relation to the retailing and dispens-
ing of poisons, shall, for every such offense, be deemed guilty of
a misdemeanor, and upon conviction thereof, be liable to a penalty
of fifty dollars.
L. 1882, chi 410, $ 2023.
Penalties to be paid to College of Pharmacy.
$ 1519. Three-fifths of each and every penalty recovered under
this title shall be paid to the trustees of the College of Pharmacy
of the City of New York, situated in the borough of Manhattan,
and two-fifths of the same to the Brooklyn College of Pharmacy,
situated in the borough of Brooklyn. The sums so paid to the
trustees of said College of Pharmacy of the City of New York
shall form and be known as the library fund of said college of
pharmacy, and shall be expended for the purchase of books for the
library of said college, and the sums so paid to the said Brooklyn
College of Pharmacy shall be known as the library fund of said
college, and shall be expended for the purchase of books for the
library of said college of pharmacy. (As amended by L. 1897, ch.
703, § 1.)
L. 1882, ch. 410, $ 2024.
Boards of pharmacy abolished.
§ 1520. The board of pharmacy of the county of Kings and the
board of pharmacy in The City of New York as heretofore existing, '
are both hereby abolished.
TITLE 6.
A BOARD OF CITY RECORD.
Sec. 1526. City Record, board of; publication and contents; newspapers to
be designated in which corporate notices to be advertised.
1527. Supervisor of City Record to arrange lists of registered voters.
1528. Printing and stationery to be supplied by contract; City
Record to print certain matters.
City Record, board of; publication and contents; newspapers to be
designated in which corporate notices to be advertised.
§ 1526. There shall be published daily (Sundays and legal holi-
days excepted), under a contract to be made as hereinafter pro-
vided, a paper to be known as the City Record. And said City
Record, and the newspapers now by law designated as corporation
newspapers in the present city of Brooklyn shall be the only papers
to be included within the term corporation newspapers as the same.
is used anywhere in this act; but no notice or advertisement shall
be inserted in said newspapers now by law designated as corpora-
on newspapers in said city of Brooklyn, except such as respect
atters occurring within or relating to the Borough of Brooklyn
718
[$ 1526
CITY RECORD,
exclusively; and the aggregate amount to be paid to said news-
.papers now designated by law as corporation newspapers in said
city of Brooklyn, for the publication of all advertisements provided
for by this act, shall never exceed in any year the sum now agreed
to be paid to said newspapers annually by said city of Brooklyn.
The mayor, corporation counsel and comptroller shall constitute
the board of city record. Said board, by a majority vote, shall
appoint a proper person, together with such assistants as may be
required, to supervise the preparation and publication of the same,
and they shall also fix the rates of compensation of said supervisor
and his assistants. All the expenses connected with its
publication and distribution, except the salary of the per-
son appointed to supervise the same, and the salaries of
his assistants, shall be covered by a contract for printing,
to be made in the same manner as other contracts. The
board of estimate and apportionment shall provide for all the neces-
sary expenses of conducting the said City Record. There shall
be inserted in said City Record nothing aside from such official
matters as are expressly authorized. The contract for the pub-
lication of the City Record shall provide for furnishing free of
charge, to The City of New York, not more than two thou-
sand copies thereof; also for a gratuitous distribution to every news-
paper regularly printed in The City of New York, when it shall
apply for the same, of two copies, and to every public library or
public institution in said city which shall apply for the same, of one
copy. Copies of the same shall be sold by the supervisor at a price
to be fixed by the officers making the contract, and the proceeds
thereof shall be paid over to the city. All advertising required to
be done for the city, except as in this act otherwise specially pro-
vided, and all notices required by law or ordinance to be published
in corporation papers, shall be inserted, at the public expense, only
in the City Record, and a publication therein shall be a sufficient
compliance with any law or ordinance requiring publication of such
matters or notices; but there may be inserted in two morning and
two evening, and two weekly or semi-weekly papers published in the
English language, and in ɔne newspaper published in the German
language, all in said city, to be designated, at any time, by said board
of City Record, brief advertisements calling attention to any con-
tracts intended to be awarded or bonds to be sold, and referring for
full information to said City Record : said designation of such news-
papers to continue in effect until another or different designation
shall be made by said board. Where such notices and advertise
ments respect matters occurring within or relating to the borough
ID
$$ 1526, 1527]
719
CITY RECORD.
of Brooklyn, they shall also be published in such newspapers as are
now by law designated as corporation newspapers in the city of
Brooklyn, the rates of payment therefor not to exceed the com-
pensation now paid to said newspapers for like advertisements in
the city of Brooklyn or county of Kings. In case, however, of the
sale of bonds or stocks of said city or of any real estate belonging
to the city, such advertisements may be also inserted in such other
newspapers published in said city as said board may determine in
the case of each sale. But nothing herein contained shall prevent
the publication elsewhere of any advertisement required by law;
provided, however, that no such publication shall be made unless
the same is authorized by a concurrent vote of the members of said
board. No money shall be paid from the city treasury, and no
action shall be maintained or judgment obtained against The City
of New York, as constituted by this act, for any advertising done
after April thirtieth, eighteen hundred and seventy-three, except
such as is herein authorized or such as at the time this act takes effect
is a lawful charge against a municipal or public corporation, or
part thereof, hereby consolidated with the mayor, aldermen and
commonalty of The City of New York. The copies of the City
Record furnished to the city shall be distributed to the several
departments and officers, and to such persons and in such manner
as the board of city record shall direct. The comptroller shall
cause a continuous series of the City Record to be bound, as com-
pleted quarterly, and to be deposited with his certificate thereon,
in the office of the register of deeds of the county of New York, in
the county clerk's office of said county and in the office of the city
clerk, and copies of the contents of any part of the same, çertified
by such register, county clerk or city clerk, shall be received in
judicial proceedings as prima facie evidence of the truth of the
contents thereof.
L. 1882, ch. 410, $ 66.
(a) Where, in a municipal char-
ter, special provision different from
the ordinary course of city adver-
tising is made for a particular class
of advertisements, and a particular
Omcer is designated to cause them
to be published, and provision is
made for the expense, they are
withdrawn from the general power
of the municipal authorities over
city advertising. Francis V. The
City of Troy, 74 N. Y. 338.
Off
supervisor of City Record to arrange lists of registered voters.
§ 1527. It shall be the duty of the supervisor of the City Record
to cause the lists of registered voters, made and delivered by the
chairman of the boards of inspectors of election to the captains of
. Police, and by them delivered to him, to be arranged by assembly
720
CITY PRINTING AND STATIONERY. [S$ 1527, 1528
districts, and by election districts of assembly districts, commencing
with the first, and in such manner that the names of all registered
voters residing at any given number of any street shall appear
together, and those of each street in each election district shall
appear arranged by house numbers, in consecutive order, each
street separately. And as soon as the entire registry of voters shall
be completed, and the copies thereof made and delivered, the said
supervisor shall forthwith cause the same to be printed and pub-
lished in the City Record, and in the form and manner herein pre-
scribed; and such publication shall be made within one hundred
and eight hours after the close of each annual registration. The
registry of each assembly district shall be printed separately as
a supplement to the City Record, and each supplement containing
the registry of one assembly district shall be sold separately to per-
sons wishing to purchase the same at not less than five cents per
copy. All money received therefor shall be paid into the city treas-
ury to the credit of the general fund.
L. 1882, ch. 410, $ 67.
Printing and stationery to be supplied by contract; City Record to print
certain matters.
$ 1528. All printing for said city, including the printing of the
City Record, shall be executed and all stationery shall be supplied,
under contracts, to be entered into by the said board of City Record.
All proposals for printing and stationery shall be based upon
specifications to be filed in the comptroller's office, which shall
set forth with accuracy' the number of every description of printed
blanks; also each description of stationery or blank books in ordi-
nary use in the municipal assembly and the respective departments,
and likely to be required during the year for which such contract
is to be given; and the bids shall be given for such number of
each printed description of blanks, or of each article of stationery
(including under the head of stationery, letter or writing paper, or
envelopes, with printed headings or endorsements) as are specified,
and for such additional number as may be required, giving the
price for blanks of every description, and the price of all other
printing "per thousand 'ems,” or for "rule and figure work;"
separate contracts shall be made with the lowest bidder for any
one description of printing, or any article of stationery involving
an expense of more than five hundred dollars. Ten per centum
of the amount becoming due, from time to time, shall be with-
held by the coniptroller until the completion of the contract,
and in case the contractor shall fail to fulfill the same to the satis-
$ 1528]
721
CITY PRINTING AND STATIONERY.
faction of said board of city record, then said board may declare
said contract to be annulled, and said board shall immediately give
notice for other bids for such printing during the remainder of the
term of contract. No judgment shall be recovered against The
City of New York as constituted by this act, for printing or sta-
tionery done or furnished after April thirtieth, eighteen hundred
and seventy-three, ostensibly for The City of New York as hereto-
fore known and bounded, unless done or furnished under a con-
tract where, under the provisions of chapter three hundred and
thirty-five of the laws of eighteen hundred and seventy-three, or of
the laws in force at the time this act takes effect or of this act,
a contract was or is necessary, or under a valid contract, or unless
upon evidence of a contract made as provided in this section. Sep-
arate contracts may be made at any time for engraving, lithograph-
ing, wood-cuts, maps, or other picture work, as the same may be
required; but nothing herein contained shall be construed to require
a separate contract for each engraving, lithograph, or wood-cut, or
map, unless the board of City Record shall deem the same advisable
for the interest of the city. No more than two thousand copies of
any message of the mayor, or report of any head of a department,
and no more than one thousand copies of any report of a committee
of either branch of the municipal assembly shall be printed apart
from the City Record. There shall be published in the City Record,
within the month of January in each year, a list of all subordinates
employed in any department (except laborers), with their salaries
and residences by street numbers, and all changes in such subordi-
nates or salaries shall be so published within one week after they
are made. It shall be the duty of all heads of departments to fur-
nish to the person appointed to supervise the publication of the
City Record, everything required to be inserted therein. The said
person shall have the power to make requisitions in writing upon
the heads of departments to furnish the information necessary tô
make up such list according to rules prescribed by him and
approved by the board of City Record; and such information must be
supplied by the department within ten days after such requisition.
He shall have power to require such information in the same man-
hier, every three months, and all other information in the control of
said heads of departments, necessary to perform his duties under
this section. He shall include in his list the number of laborers,
designating the department in which they are employed, and, if .
Practicable, the numbers employed in the prosecution of specific
work, and the amounts paid to them. He shall also cause to be .
Pemited in each issue of said City Record a separate statement of the
.
46
722
5
CONTENTS OF CITÝ RECORD.
[S 1528
hours during which all public offices in the city are open for busi-
ness, and at which each court regularly opens and adjourns, as well
as of the places where such offices are kept and such courts are held.
The detailed canvass of votes, at every election, shall be published
in the City Record. A list of the registered plumbers shall be pub-
lished in the City Record at least once in each year. The mayor
may order the insertion of any official matter or report in the City
Record. Nothing herein contained shall apply to the printing or
supplies of stationery for The City of New York as constituted by
this act, where, by the concurrent vote of the mayor, counsel to
the corporation and comptroller it shall be decided to have such
printing done or such stationery furnished without contract let
after advertisements for bids or proposals, but in such cases such
printing shall be done and such stationery procured in the manner
and on such terms and conditions as the said officers shall deem to
be for the best interests of the city.
L. 1882, ch. 410, ch. 68.
i
TITLE 7.
GENERAL PROVISIONS.
Sec. 1533, Officers not to be privately interested in contracts.
1534. Id.; may be summarily examined.
1535. Barber shops may be open on Sunday.
1536. Retention of office by clerks in public employ in territory con-
solidated.
1537. Books, papers, etc., where filed.
1538. Territorial operation of contracts, grants and franchises not
extended.
1539. Price of gas in Richmond and Queens counties.
1540. Platting of lands and dedication of streets and public places.
1541. Majority of boards of departments; quorum; powers.
1542. Expenses not to exceed appropriation.
1543. Heads of departments; control over subordinates; removal.
1544. Id.; to render reports; publication.
1545. Id.; to furnish copies of papers on demand.
1546. Records to be kept and abstracts published.
1547. Certificate of appointments.
1548. Official oath.
1549. Officer not to hold any other civil office.
1550. Officers; when may receive and retain fees.
1551. Id.; defrauding.
1552. Money not to be paid to sectarian schools; public property;
how disposed of..
1553. Property to be sold at auction.
1554. Patented articles; how supplied.
1555. Special provision as to papers formerly filed in offices of tow!
clerks.
815331
723
OFFICERS INTERESTED IN CONTRACTS.
Sec. 1556. Code of ordinances; when to be prima facie evidence.
1557. Responsible guaranty company may act as surety.
1558. Tenure of office.
1559. Publication to be made in City Record, unless otherwise pro-
vided.
Officers, not to be privately interested in contracts.
$ 1533. No member of the municipal assembly, head of depart-
ment, chief of bureau, deputy thereof or clerk therein, or other
officer of the corporation, shall be or become, directly or indirectly,
interested in or in the performance of any contract, work, or busi-
ness, or the sale of any article, the expense, price, or consideration
of which is payable from the city treasury, or by any assessment
levied by any act or ordinance of the municipal assembly; nor in
the purchase or lease of any real estate or other property belonging
to or taken by the corporation, or which shall be sold for taxes or
assessments, or by virtue of legal process at the suit of the said
corporation. If any person in this section mentioned shall, during
the time for which he was elected or appointed, knowingly acquire
an interest in any contract or work with the city, or any depart-
ment or officer thereof, unless the same shall be devolved upon him
by law, he shall, on conviction thereof, forfeit his office, and be
punished for a misdemeanor. All such contracts in which any such
person is or becomes interested shall, at the option of the comp-
troller, be forfeited and void. No person in this section named shall
give, or promise to give, any portion of his compensation, or any
money or valuable thing, to any officer of the city, or to any other
person, in consideration of his having been or being nominated,
appointed, elected, or employed as such officer, agent, clerk, or
employe, under the penalty of forfeiting his office and being forever
disqualified from being elected, appointed, or employed in the
service of the city, and shall, on conviction, be punished for a
misdemeanor.
| L. 1882, ch. 410, $ 59.
(a) Private contracts and outside ser-
vices. The violation of this section
by an officer of the corporation be-
coming interested in the purchase
of real estate by the city, consti-
tutes sufficient cause for his re-
mova
oval from office by the mayor.
ople ex rel. Shaler v. The Mayor,
52 Hun, 483.
(6) An officer of the city allowed
mpensation for services rendered
in negotiating a loan for the
county. The Mayor v. Sands, 105
(c) A commissioner of health is
precluded from making any con-
tract with the city, and its per-
formance creates no valid claim
against the city. Mullaly V. The
Mayor, 62 N. Y. 636.
(d) A person who holds the per-
manent position of commissioner.
of lunacy in the department of
charities and correction cannot
hold office in the health department
as sanitary inspector in the vacci-
nating corps, and cannot recover
for any services rendered in the
N. Y. 210.
724
[$ 1534
SUMMARY EXAMINATION OF OFFICIALS.
latter position. Fitch v. The Mayor, section. Macdonald v. The Mayor,
40 Hun, 512.
32 Hun, 89.
(e) An employe of the commis- (f) The chief clerk of the bureau
sioners of charities and correction of city revenue in the finance de-
who renders expert services not aspartment is a clerk in a bureau of
an officer of the municipal govern the city and prohibited from being
ment, but for the district attorney interested in any contract of the
of the county in a criminal case, city. McAdam v. The Mayor, 36
which services are chargeable to Hun, 340.
the city as a county, is not pre- (g) See Bell v. Quin, 2 Sandf. 146;
cluded from recovering for the Roosevelt v. Draper, 23 N. Y. 318.
same under the provisions of this
Id.; may be summarily examined.
§ 1534. Any member of the municipal assembly, commissioner,
head of department, chief of bureau, deputy thereof or clerk therein,
or other officer of the corporation or person, may, if a justice shall
so order, be summarily examined upon an order to be made on
application based on an affidavit of the mayor or of the comptroller,
or any five members of the municipal assembly, or any commissioner
of accounts, or of any five citizens who are taxpayers, requiring
such examination, and signed by any justice of the supreme court in
the first or second judicial departments directing such examination
to be publicly made at the chambers of said court in either of said
judicial departments, or at the office of said department, on a day
and hour to be named, not less, however, than forty-eight hours
after personal service of said order. Such examination shall be
confined to an inquiry into any alleged wrongful diversion or
misapplication of any moneys or fund, or any violation of the pro-
visions of law, or any want of mechanical qualifications of any
inspectorship of public work, or any neglect of duty in acting as
such inspector, or any delinquency charged in said affidavit touch-
ing the office or the discharge or neglect of duty, of which it is
alleged in the application for said order that such member of the
municipal assembly, head of department or other aforementioned
officer or person, has knowledge or information. Such member of
the municipal assembly, commissioner, head of department, clerk
or other aforesaid officer or person shall answer such pertinent
questions relative thereto, and produce such books and papers in
his custody or under his control as the justice shall direct, and the
examination may be continued from time to time, as such justice
may order, but the answer of the party charged shall not be used
against him in any criminal proceeding; provided, however, that for
all false answers on material points he shall be subject to the pains
and penalties of the crime of perjury. The proceedings may be
continued before any other justice in said judicial department, and
other witnesses, as well as the parties making such application, may,
$$* 1534-1536]
BARBER SHOPS.
725
in the discretion of said justice, be compelled to attend and be
examined touching such alleged delinquencies. Such justice may
punish any refusal to attend such examination or to answer any
questions pursuant to his order, as for a contempt of court, and shall
have as full power and authority to enforce obedience to the order or
directions of himself or any other justice, as any justice of the su-
preme court may now have, or shall possess, to enforce obedience or
to punish contempt in any case or matter whatever, and shall impose
costs upon those promoting such an examination, not exceeding
two hundred and fifty dollars, if he thinks there was no probable
cause for making the application hereinbefore provided for, the said
costs to be paid to the officer or person examined, and for which
the said officer or person may have judgment and an execution.
The examination hereinbefore provided for shall be reduced to
writing, and be filed in the office of the county clerk of such county
within the first or second judicial departments as the judge making
the order for the examination shall direct at the time of making
such order, and the examination so reduced to writing and filed
shall be at all reasonable times accessible to the public, and notice
of the same shall be given to the department in which said officer
is employed.
L. 1882, ch. 410, $ 60.
Barber shops may be open on Sunday.
§ 1535. The provisions of an act to regulate barbering on Sun-
day, being chapter eight hundred and twenty-three of the laws of
eighteen hundred and ninety-five, permitting barber shops or other
places where a barber is engaged in shaving, hair-cutting or other
work of a barber, to be kept open, and the work of a barber to be
performed therein until one o'clock of the afternoon of the first
day of the week in The City of New York, as 'heretofore known and
bounded, shall be applicable to and be in full force and effect in all,
of the territory of The City of New York, as constituted by this act.
L. 1895, ch. 823.
, (a) The provisions of L. of 1895, 195; affi'g 1 App. Div. 459; People
ch. 823, are constitutional as an ex- v. Buttling, 13 Misc. 587; S. C., 35
ercise of the police power of the N. Y. Supp. 19.
State. People v. Havnor, 149 N. Y.
ketention of office by clerks in public employ in territory consolidated.
$ 1536. All the clerical and other subordinate forces, includ-
ing janitors of public schools, not subject to removal without
cause, in the public employ in any part of The City of New
ork, as constituted by this act, at the time when this act
726
LS 1536
RETENTION OF EMPLOYES.
takes effect, shall continue to hold their respective positions
without prejudice or advantage, except that nothing in this
section contained shall operate to keep in the service of The City of
New York, as constituted by this act, any clerk or other subor-
dinate whose position is vacated by reason of the passage of this
act, and except that the clerks and subordinates of departments
that are abolished or reconstructed by this act, under the same or
under other names shall continue in the service of the said city
under the jurisdiction of the appropriate department subject never-
theless to removal in accordance with the provisions of this act
for cause, or to abolish unnecessary positions. The mayor of The
city of New York, the mayor of the city of Brooklyn, the mayor of
Long Island City, the chairman of the board of supervisors of the
county of Richmond, and the county judge of Queens county, shall
meet in the mayor's office in The City of New York on the first day
of December, eighteen hundred and ninety-seven, and as often
thereafter during the month of December as may be necessary, and
prepare and adopt a detailed plan for the transfer to, and the par-
tition between, the several public departments, bureaus and offices
created or provided for by this act, of all the public property
appertaining to the administration of said departments, bureaus and
offices in the several municipal and public corporations hereby con-
solidated, and the books, records, vouchers and other papers of
said municipal and public corporations, and to this end the said
mayors and chairman and county judge, or any one duly author-
ized by them, shall have full and free access to all the public
papers, documents and records in each of said municipal and pub-
lic corporations. The said plan shall also provide for the appor-
tionment between the several public departments, bureaus and
offices, and the assignment to service in said public departments,
bureaus and offices respectively, so far as practicable, of all the sub-
ordinates and employes in every branch of the public service in each
of the several municipal and public corporations hereby consoli-
dated, in such manner that each person shall be assigned, as nearly
as may be, without prejudice or advantage to perform the same
service and in the same part of the city, and to hold the same rela-
tive rank or position in the city constituted by this act, as he
performed and held at the time said plan of apportionment and
assignment is determined upon. Said plan shall be such as to
receive the approval of the mayor of New York as to persons in
the service of The City of New York, of the mayor of Brooklyn as
to persons in the service of the city of Brooklyn, of the mayor on
Long Island City as to persons in the service of Long Island City,
$ 1536]
RETENTION OF EMPLOYES. .
727
of the chairman of the board of supervisors of Richmond county as
to persons in the service of the municipal and public corporations
of Richmond county, and of the county judge of Queens county
as to persons in the service of the towns of Newtown, Flushing,
Jamaica and that part of the town of Hempstead by this act
included within The City of New York. The said plan when deter-
mined upon shall be signed by said mayors and said chairman and
said county judge, or a majority of them, and shall be published
in the City Record for such length of time as they may direct.
Said plan and the apportionment and assignment herein provided
for shall take effect on the first day of January, eighteen hundred
and ninety-eight, and on and after said date the persons named
therein shall be deemed to hold and shall hold the respective posi-
tions to which they may be assigned in said plan, until removed as
herein provided, and their assignment to service shall not be deemed
or construed to be a new appointment or reappointment, but shall
be deemed to be, and shall be, a continuation of the appointment
and employment theretofore held by them. The head of every
department, and every other officer by this act given power to
appoint, remove and fix and regulate the salaries of his subordi-
nates, appointees and employes, shall have power upon assuming
office, or at any time thereafter, to remove any person assigned to
service under him by said plan, and to fix and regulate, within the
limits of his appropriation and subject to the restrictions, if any,
hereinbefore prescribed, the salaries and compensation of his said
subordinates, appointees and employes. At any time within one
year after the first day of January, eighteen hundred and ninety-
eight, any subordinate or employe in any public department, bureau
or office of the city hereby constituted may be transferred to any
other public department, bureau or office of said city, provided
such transfer be consented to by the mayor and by the head of the
department, bureau or office from which such subordinate or
employe is so transferred, and the head of the department, bureau
or office to which such subordinate or employe is so transferred.
None of the provisions of this section in regard to transfers and
assignments shall apply to the fire department or the police
department, nor to the New York and Brooklyn bridge, nor
to the public schools and the department of education, nor
to transfers to be made by the board of public improvements as
provided in section four hundred and sixty of this act. The incum-
bents of positions abolished or made unnecessary by this act shall
De preferred for appointment to positions demanding their service.
for this purpose the civil service commissioners are directed, as
728
BOOKS AND PAPERS TO BE FILED. [SS 1536–1538
far as practicable, to place the names of such persons on the
proper eligible lists, and to give them on said lists the preference
after veterans. The civil service regulations in force at the time this
act takes effect in the various parts of The City of New York, as
constituted by this act, and all eligible lists created thereunder in
said parts of the city respectively, shall continue in full force and
effect until new regulations shall have been adopted in accordance
with the provisions of this act and new eligible lists made in accord-
ance with such regulations.
Books, papers, etc., where filed.
§ 1537. All public books, papers and documents of the mayor,
aldermen and commonalty of The City of New York, and of the city
of Brooklyn, and of Long Island City and of any board, body or
officer of, or in the territory of the county of Richmond, so far as
such public books, papers and documents relate to the govern-
mental functions by this act devolved upon the municipal corpora-
tion created by this act, and of any board, body or officer of or in
that part of the county of Queens consolidated by this act into
a municipal corporation, so far as such public books, papers and
documents relate to the governmental functions by this act
devolved upon the municipal corporation created by this act, and
also the public books, papers and documents of any officer, board
or body of any district, town, or village or of any office within the
said territory that relate to the governmental functions by this act
devolved upon The City of New York created by this act, shall be
transferred to and filed with the appropriate departments or officers
of The City of New York, provided, however, that this section shall
not be deemed to apply to any public books, papers or documents
of any register, sheriff, district attorney, coroner or county clerk in
said territory or in any part thereof. And it shall be the duty of
all persons having charge of such books, papers and documents to
deliver the same to and file the same, with the appropriate officer of
department as in this section provided.
V
Territorial operation of contracts, grants and franchises not extended.
§ 1538. This act shall not extend the territorial operation of any
rights, contracts or franchises heretofore granted or made by the
corporation known as the mayor, aldermen and commonalty Of
The City of New York, or by any of the municipal and public cor-
porations which by this act are united and consolidated therewith,
including the counties of Kings and Richmond, and the same shall
be restricted to the limits respectively to which they would have
$S 1538–1541]
729
POWERS OF BOARDS.
been confined if this act had not been passed; nor shall this act in
any way validate or invalidate or in any manner affect such grants,
but they shall have the same legal validity, force, effect and opera-
tion and no other or greater than if this act had not been passed.
Price of gas in Richmond and Queens counties.
§ 1539. The price of illuminating gas in the county of Richmond,
and in that part of the county of Queens, included within The
City of New York, as hereby constituted, shall not be affected by
this act.
Platting of lands and dedication of streets and public places.
$ 1540. No map of the subdivision of lands or the platting
thereof into streets or avenues and blocks within the limits of The
City of New York shall hereafter be registered or become effectual
and binding as a dedication of the streets, avenues or public places
on such map or plat until such map or plat has been submitted by
the owner to and approved by the board of public improvements,
which in acting thereon shall examine and determine whether
the streets and avenues are of adequate and suitable width and
laid out with due reference to connecting streets and avenues.
Upon such approval the title of the owner or owners of the land
to all streets, avenues and public places designated on the map or
plat, shall immediately yest in fee clear of all incumbrances in,
The City of New York in trust for the designated public uses. Such.
map or a copy thereof shall remain of record in the office of the ·
board of public improvements, and a copy thereof with the approval
of the said board endorsed thereon shall be 'filed and recorded in
the office of the register of deeds or county clerk of the county
in which the land is situated and indexed therein as deeds are now
required by law to be indexed. The municipal assembly upon the
recommendation of the board of public improvements may from
time to time pass appropriate ordinances not inconsistent with law
and this act to carry the provisions of this section into effect and
regulate proceedings thereunder.
majority of boards of departments; quorum; powers.
§ 1541. A majority of the members of a board in any depart-
ment of the city government, and also of the board for the revision
of assessments, shall constitute a quorum to fully perform and
discharge any act or duty authorized, possessed by, or imposed
upon any department or any board aforesaid, and with the same
di effect as if every member of any such board aforesaid had
730 EXPENSES NOT TO EXCEED APPROPRIATION. [$$ 1541, 1542
been present, except as herein otherwise specially provided. Each
board may, except as herein otherwise provided, choose, in its own
pleasure, one of its members, who shall be its president, and one
who shall be its treasurer, and may appoint a chief clerk or sec-
retary. No expense shall be incurred by any of the departments,
boards or officers thereof, unless an appropriation shall have been
freviously made covering such expense, nor any expense in excess
of the sum appropriated in accordance with law.
L. 1882, ch. 410, $ 46.
(a) Power of majority of board.— It v. The Mayor, 5 Hun, 237; Cooke v.
is competent for a majority of the The Village of Saratoga Springs, 23
board of police commissioners to Id. 55; People ex rel. Childs v.
take action upon a complaint Cartwright, 9 Id. 159; People ex
against a member of the police rel. Dannat v. Comptroller, 77 N. Y.
force and the evidence relating45; Van Wart v. The Mayor, 52
thereto. People ex rel. Swift v. How. Pr. 78.
Board of Police, 99 N. Y. 676.
(d) A public officer who employs
(b) Contracts without appropriations.— a contractor to perform work
A contract by officers of a munici- when no appropriation has been
pal corporation for labor and mate- made therefor is personally liable
rial in repairing the streets of the to such contractor for damage
city, in the absence of any appro- caused thereby. Paulding V.
priation for the purpose, as re- Cooper, 10 Hun, 20; affi'd 74 N. Y.
quired by statute, is a nullity, and 619; Briggs v. The Mayor, 2 Daly,
the corporation is not liable there- 306; Donovan v. The Mayor, 33
under. Donovan v. The Mayor, 33 N. Y. 292.
N. Y. 291; and cases cited, rev’g 44 (e) Expenditures by common council.-.
Barb. 180; S. C., 19 Abb. Pr. 58; That common council are not
Kingsland v. The Mayor, 5 Daly, within the prohibition of this sec-
448. See People ex rel. Murphy v. tion, that no expense shall be in-
Kelly, 76 N. Y. 475; S. C., 5 Abb. N. curred by any of the departments
C. 383, 468, with note.
or officers thereof without a pre-
(c) But when a sufficient appro vious appropriation, see Jones v.
priation has been made to pay ser- The Mayor, y Robt. 209; People ex
vices to be rendered to the city, it rel. Schauck v. Green, 64 N. Y. 499.
seems that the right to recover for (f) See Nelson v. The Mayor, 63
such services will not be defeated N. Y. 535, distinguished and limited
by the expenditure of such appro- in McDonald v. The Mayor, 68 N.
priation for other purposes. Smith Y. 23.
Expenses not to exceed appropriation.
§ 1542. It shall be the duty of the heads of all departments of
said city, and of all boards and officers charged with the duty of
expending or incurring obligations payable out of the moneys
raised by tax in said city, so to regulate such expenditures for any
purpose or object, that the same shall not in any one year exceed
the amount appropriated by the board of estimate and apportion-
ment for such purpose or object; and no charge, claim or liability
shall exist or arise against said city for any sum in excess of the
amount appropriated for the several purposes.
L. 1882, ch. 410, $ 47.
See cases cited under § 1541, ante.
$ 1543]
REMOVAL OF CLERKS.
731
Heads of departments; control over subordinates; removal.
$ 1543. The heads of all departments (except as otherwise spe-
cially provided) shall have power to appoint and remove all chiefs
of bureaus (except the chamberlain) as also all clerks, officers,
employes and subordinates in their respective departments, except
as herein otherwise specially provided, without reference to the
tenure of office of any existing appointee. But no regular clerk or
head of a bureau shall be removed until he has been allowed an
opportunity of making an explanation; and in every case of
a removal, the true grounds thereof shall be forthwith entered upon
the records of the department or board. In case of removal;
a statement showing the reason therefor, shall be filed in the depart-
ment. The number and duties of all officers and clerks, employes
and subordinates in every department, except as otherwise herein
specially provided, with their respective salaries, whether now fixed
by special law or otherwise, shall be such as the heads of the respec-
tive departments shall designate and approve; but subject, also, to
the revision of the board of estimate and apportionment; provided,
however, that the aggregate expense thereof shall not exceed the
total amount duly appropriated to the respective departments for
such purposes. Any head of department may, with the consent
of the board of estimate and apportionment, consolidate any two or
more bureaus established by law, and may change the duties of any
bureau; and it shall be the duty of the head of the finance depart-
ment to bring together all officers and bureaus authorized to receive
money for taxes, assessments or arrears, in such manner that the
payment of the same can be made, as nearly as practicable, at one
time and place, and in one office.
L. 1882, ch. 410, $ 48.
(a) What services included in salary.--.
Under this provision giving to
the heads of departments the right
to fix the powers, duties and sala-
ries of their subordinates, when an
employe is notified by his chief of
the amount at which his salary is
fixed, he cannot recover from the
city any greater compensation, al-
though he is detailed to perform,
and does not perform, services for
the city, outside of those belong-
ing to his position. Bruns v. The
Mayor, 6 Daly, 156. · See Cowan v.
dhe Mayor, 3 Hun, 632; S. C., 6
Sup. Ct. (T. & C.) 151.
(6) When appointment of successor
constitutes remorial.-It seems that re-
moval from office of an officer sub-
Ject to removal by the power
which appointed him is complete
so far as his rights are concerned
by the appointment of a successor
without the formal service upon
him of notice of removal or a
supersedeas. Holley v. The Mayor,
59 N. Y. 166.
(c) Power to remove does not include
power to suspend indefinitely. — The
power of a board of commissioners
to remove employes does not in-
clude the power to suspend indefi-
nitely. Gregory v. The Mayor, 113
N. Y. 416. Distinguished in Beach
v. The Mayor, 10 N. Y. Supp. 793.
(d) An officer suspended from the
performance of the duties of his
Office by the appointing power, but
not removed, is entitled to the sal-
ary of the office during the period
732
[8 1543
REMOVAL OF CLERKS.
of the suspension. Wardlaw v. S. C., 53 N. Y. State Rep. 233; 23
Mayor, 137 N. Y. 194; Fitzsimmons N. Y. Supp. 484.
v. City of Brooklyn, 102 Id. .536; (k) De jure and de facto officers. -
Emmit v. Mayor, 128 Id. 117; Greg Where the head of a department re-
ory V. Mayor, 113 Id. 416; Leth- moved a subordinate and appointed
bridge v. Mayor, 133 Id. 232.
another in his place, and the re-
(e) A suspended officer may waive moved employe was reinstated pur-
his right to compensation after suant to an order of a court deter-
suspension by express agreement mining that his removal was un-
or by conduct from which such an authorized, and the new appointee
agreement or intention on his part had performed the duties and re-
may be fairly and reasonably in- ceived the salary of the office from
ferred. Wardlaw v. Mayor, 137 N. the time of his appointment until
Y. 194; s. C., 50 N. Y. State Rep. such reinstatement of the party re-
410; rev'g 61 Super. Ct. 174.
moved, held, that the latter could
f) Where the compensation of not maintain suit against the city
an office is not fixed by statute, but to recover the salary during the
is left wholly to be fixed by the time he was kept out of office, pay-
head of a department, it is compe ment by the city to the de facto
tent for the head of a department officer being a sufficient defense.
to make an agreement with an ap Terhune v. The Mayor, 88 N. Y.
pointee or employe that no com 247. See Dolan v. The Same, 68 Id.
pensation shall be paid after tem 274; McVeany v. The Same, 80 Id.
porary or indefinite suspension. 175; Demarest v. The Same, 147 Id.
Emmit v. Mayor, 128 N. Y. 117; 203; S. C., 69 N. Y. State Rep. 505.
Wardlaw v. Mayor, 137 N. Y. 194; (1) Regular clerks and heads of
S. C., 50 N. Y. State Rep. 410; rev'g bureaus defined. The term “regu-
61 Super. Ct. 174.
lar clerks" in this section is used
(g) No particular form of words in the popular sense, and has refer-
is necessary to constitute a dis ence to persons whose duties are
missal; if a removing official in- clerical, i. e., keeping records and
tends to and does communicate to accounts, and does not apply to
an employe the fact that his ser.. subordinate ministerial officers.
vices are no longer required, and People ex rel. Sims V. Fire
this is so understood by him, a dis Commrs., 73 N. Y. 437.
charge is effected notwithstanding (m) A “superintendent of tele-
the term “ suspension” is used in graph” appointed by the fire com-
the communication. Wardlaw v. missioners is neither - head of a
Mayor, 137 N. Y. 194; S. C«, 50 N. Y. bureau" nor a “regular clerk”
State Rep. 410; rev'g 61 Super Ct. within the meaning of those terms
174; Donnell v. Mayor, 68 Hun, 55; as used in this section. People ex
S. C., 52 N. Y. State Rep. 37; 22 N. rel. Emerick v. Fire Commrs., 86
Y. Supp. 661.
N. Y. 149, affi'g s. C., 23 Hun, 317.
(1) A suspension in consequence (n) The secretary of the dock de- '
of insufficient appropriation and a partment is not the head of a bu-
necessary reduction of force is reau or regular clerk within the
equivalent to a dismissal. Leth meaning of this section. People,
bridge v. Mayor, 133 N. Y. 233; s. C., ex rel. Cummings v. Koch, 2 N. Y.
44 N. Y. State Rep. 669, rev'g 59 State Rep. 110; Jackson V. The
Super. Ct. 486.
Mayor, 87 Hun, 296; S. C., 68 N. Y.
(i) A suspension upon the ground State Rep. 270; S. C., 34 N. Y. Supp.
of lack of work held a dismissal 346.
within the rule requiring a dis (0) A roundsman in the employ
missal to end the obligation to pay of the department of docks is not
compensation. Kelly v. Mayor, 70a regular clerk or head of a bureau
Hun, 208; S. C., 54 State Rep. 99; 24 and may be dismissed at pleasure.
N. Y. Supp. 1.
People ex rel. McCullough y. Crım,
(0) What employes are not 15 Misc. 12; S. C., 72 N. Y. State
deemed public officers within the Rep. 266; S. C., 36 N. Y. Supp. 1117.
rule entitling such officer to com () A sanitary inspector of the
pensation during the period of sus board of health is not a regular
pension. Gove v. Mayor, 30 N. Y clerk or head of a bureau with
Supp. 405; Cane v. Same, 34 Id. the meaning of this section. Pero
675; Myers v. Same, 69 Hun, 291; ple ex rel. Archbold V. Health
Dept., 24 Weekly Dig. 197.
$ 1543]
733
REMOVAL OF CLERKS.
(a) This section has no reference power to either supersede, modify.
to the commissioners of accounts or repeal these requirements, for
who are appointed under section any special purpose, as e. g., to pro-
119, ante. People ex rel. Westray v. vide for the retrenchment of the
The Mayor, 82 N. Y. 491, affi'g 16 expenses of local government. Peo-
Hun, 309.
ple ex rel. McCarthy v. French, 10
(r) Section not applicable where Abb. N. C. 418; S. C., 25 Hun, 111.
clerkship is abolished.- The provision (v) Procedure on removal. — It is
declaring that no regular clerk not requisite that a statement of
shall be removed until informed of charges furnishing sufficient cause
cause of removal and given an op- for removal and sufficiently distinct
portunity to make explanation, to apprise the subordinate of the
does not apply to a case where a grounds upon which the charges
clerk is discharged, not to make are based should be drawn with the
way for another, but because the formal exactness of pleadings in a
clerkship is abolished, and there is court of justice; nor is the subor-
no further need of his services, or dinate entitled to a regular trial.
because there are no funds pro The head of the department, if the
vided for their payment. Phillips explanation is not satisfactory to
v. The Mayor, 88 N. Y. 245, affi'g 13 him, may in his discretion remove,
Weekly Dig. 426; Langdon v. The without calling witnesses to sub-
Mayor, 92 N. Y. 427, affi'g 27 Hun, stantiate the charges, or allowing
288, which affi'd in effect 63 How. testimony on the part of the sub-
Pr. 134; People ex rel. Evans V. ordinate; he may exercise the
Commrs.of Public Parks, 60 Id. 130; power upon facts within his own
People ex rel. Archbold v. Health knowledge, or based upon informa-:
Dept., 24 Wẽekly Dig. 197; People tion received from others. People
ex rel. McCanna V. Commrs. of ex rel. Keech v. Thompson, 94 N.
Charities and Correction, 1 App. Y. 451, affi'g 26 Hun, 28; followed
Div. 3; S. C., 72 N. Y. State Rep. in People ex rel. Emmet v. Camp-
104; s. C., 36 N. Y. Supp. 1002; Leth bell, 50 Super. Ct. (J. & S.) 82; Peo-
bridge v. The Mayor, 133 N. Y. 237. ple ex rel. Mitchel v. La Grange, 2
(s) The head of a department has App. Div. 444; S. C., 73 N. Y. State
no right to abolish an office merely Rep. 533; S. C., 37 N. Y. Supp. 991.
for the purpose of removing its in (w) The information of the cause.
cumbent in order that he may ap-
of proposed removal is not required
point another to perform the same to be in writing. People ex rel.
duties. The court has the power in Woltman v. Myers, 10 N. Y. Supp.
every case to inquire into the good 815.
faith of the action of a city official. (x) A general charge of “incom-
in abolishing an office in his de- petency” in a notice to a person
partment. People ex rel. Hart v.: sought to be removed under this
La Grange, 7 App. Div. 311; s. C., 40 section, without specifying the par-
N. Y. S. 1026.
ticulars of which such incompe-
(t) A clerk whose salary is pay- tency consists, is insufficient. Peo-
aple from a specific appropriation ple ex rel. Dickel V. Commrs. of
for that purpose may be dismissed - Docks, 19 Weekly Dig. 552.
without an opportunity of making (y) The party sought to be re-
, an explanation when the appropria- moved has the right to be repre-
tion applicable to the payment of
sented by counsel in making the
such salary has been expended, and explanation provided by this sec-
the proper authorities have failed tion on being informed of cause of
to make a new appropriation for
removal. Matter of Emmet, 65
the same purpose. Lethbridge v.
How. Pr. 266.
The Mayor, 133 N. Y. 232; S. C., 44 (2) The phrase “opportunity of
N. Y. State Rep. 669, rev'g 59 Super.
making an explanation" defined in
People ex rel. Dickel v. Starks, 33
(u) Removal by legislative authority
Hun, 384.
110t within section. —— The right of a
(aa) The question of reasonable-
party to be informed of the cause ness of time allowed for explana-
of his removal, and to have an op tion rests to a great extent in the
portunity to make an explanation, discretion of the head of the de-
being derived from legislative au-
partment; and where it does not
wority, the legislature has the appear that the discretion has been
Ct. 486.
734
[$S 1543, 1544
REMOVAL OF CLERKS.
abused, a refusal to give further sought to be removed did not and
time furnishes no ground for a re- had no power to appoint, is not suf-
versal of his decision. People ex ficient ground for his removal. Peo.
rel. Keech v. Thompson, 94 N. Y. ple ex rel. Campbell v. Campbell, 82
451, affi'g 26 Hun, 28.
N. Y. 247.
(bb) If, at the time specified in (ff) Head of department judge of re-
the notice of hearing, the clerk is moval.-The head of the department
prevented from appearing because : is the exclusive judge of the right
of serious illness, and notifies the of removal if there is any evidence
board before that time, but they before him, and his decision upon
nevertheless proceed to remove the merits cannot be reviewed by
him, held, that no opportunity for the courts; but if there is no evi-
making an explanation as required dence to justify removal, the same
by this section is given, and the re- is not for cause, and the statute is
moval illegal. People ex rel. Dickel violated. People ex rel. Campbell
v. Commrs. of Docks, 19 Weekly V. Campbell, 82 N. Y. 247; People
Dig. 552.
ex rel. Keech v. Thompson, 26 Hun,
Toc) Grounds for removal. — The 28; affi’d, 94 N. Y. 451. See People
provision that no regular clerk or ex rel. Folk v. Board of Police, 69
head of a bureau shall be removed N. Y. 408. .
until informed of cause of proposed (gg) The distinction between re-
removal, and he has had an oppor- moval under this section and re-
tunity of making an explanation, moval by the mayor under section
is substantial and capable of execu 95, ante, pointed out. People ex rel.
tion, and, therefore, cannot be disre- Keech v. Thompson, 94 Ñ. Y. 451;
garded. This provision necessarily affi'g 26 Hun, 28.
implies that the “ cause” must be (hh) When removal reviewed on cere
some dereliction or general neglect tiorari. --- Even if the department
of duty,or some delinquency affect has jurisdiction to remove the per-
ing the general character of the son from office, and if its action is
one sought to be removed, and his not wholly void, yet the court has
fitness for the office; that some power, on certiorari, if it sees that
other person can more efficiently the party has been deprived of some
perform the duties is not sufficient. right which the statute intended
People ex rel. Munday V. Fire he should enjoy, to correct the er-
Commrs., 72 N. Y. 445, affi'g 12 Hun, ror and reverse the proceedings.
500; followed in People ex rel. People ex rel. Dickel v. Starks, 33
Keech v. Thompson, 94 N. Y. 451, Hun, 384.
affi'g 26 Hun, 28; People ex rel. (ic) The legality of a removal is
Dickel v. Starks, 33 Id. 384; People not affected by the fact that other
ex rel. Mitchel v. La Grange, 2 App. than the true grounds thereof were
Div. 444; S. C., 73 N. Y. State Rep. . entered upon the records of the de-
533; S. C., 37 N. Y. Supp. 991.
partment. •People ex rel. Woltman
(dd) That the violation by a clerk v. Myers, 10 N. Y. Supp. 815.
of the department of buildings of (jj) See Riley v. The Mayor, and
one of the building laws is a ne- Morris V. The Same, cited under
glect and violation of his official $ 739, ante, as to whether a transter
duty, and a sufficient ground for from one set of duties to another
his removal from office. See Peo- constitutes a removal.
ple ex rel. Dumahaut v. Fire Com . (kk) As to the protection of vet-
missioners, 49 Super.. Ct. (J. & S.) erans against removal except for
369.
cause shown, after hearing had, see
(ee) The inefficiency or incapacity § 127, ante, and cases cited.
of assistants whom the party.
Id.; to render reports; publication.
§ 1544. The said departments, and all commissioners appointed
by the mayor, pursuant to the provisions of this act, and not con-
stituting heads of departments, shall once in three months, and at
such other times as the mayor may direct make to him, in such
form and under such rules as he may prescribe, reports of the operas
88 1544–1546]
735
RECORDS TO BE KEPT.
tions and action of the same and each of them, which reports shall
be published in the City Record. The said departments and com-
missioners shall always, when required by the mayor, furnish to
him such information as he may demand, within such reasonable
time as he may direct.
L. 1882, ch. 410, $ 49.
Id.; to furnish copies of papers on demand.
$ 1545. The heads of all departments, except the police and law
departments, and the chiefs of each and every bureau of said depart-
ments, or any of them, except the police and law departments, shall,
with reasonable promptness, furnish to any taxpayer desiring the
same, a true and certified copy of any book, account or paper kept
by such department, bureau or officer, or such part thereof as may be
demanded, upon payment in advance of five cents for every hun-
dred words thereof by the person demanding the same. All books,
accounts and papers in any department or bureau thereof, except
the police and law departments, shall at all times be open to the
inspection of any taxpayer, subject to any reasonable rules and
regulations in regard to the time and manner of such inspection
as such department, bureau or officer may make in regard to the
same, in order to secure the safety of such books, accounts and
papers, and the proper use of them by the department, bureau or
officer; in case such inspection shall be refused, such taxpayer, on
his sworn petition, describing the particular book, account or paper
that he desires to inspect, may, upon notice of not less than one
day to such department, bureau or officer, apply to any justice of the
supreme court for an order that he be allowed to make such inspec-
tion as such justice shall by his order authorize, and such order shall
specify the time and manner of such inspection.
L. 1882, ch. 410, $ 50. See Neville v. Bd. of Health, 21 N. Y. Supp. 574.
Records to be kept and abstracts published.
§ 1546. In every department or board there shall be kept a
record of all its transactions, which shall be accessible to the public,
and once a week a brief abstract, omitting formal language shall be
made of all transactions, and of all contracts awarded and entered
into for work and material of every description, which abstract
shall contain the name or names, and residences by street and
number, of the party or parties to the contract, and of their sure-
ties, if any. A copy of such abstract shall be promptly trans-
mitted to the person designated to prepare the City Record, and
shall be published therein. Notice of all appointments and removals
736
OATH AND COMMISSION OF OFFICIALS. [88 1546–1549
from office, and all changes of salaries, shall in like manner, within
one week after they are made, be transmitted to and published in
the City Record.
L. 1882, ch. 410, $ 51.
Certificate of appointments.
§ 1547. Every person who shall be appointed or elected to any
office under the said city shall receive a certificate of appointment,
designating the term for which such person has been appointed
or elected
I. 1882, ch. 410, $ 53.
Official oath.
§ 1548. Every person elected or appointed to any office under
the city government shall, within five days after notice of such
election or appointment, take and subscribe, before the mayor or
any judge of a court of record, an oath or affirmation faithfully to
perform the duties of his office; which oath or affirmation shall be
filed in the office of the city clerk.
L. 1882, ch. 410, $ 54. See Myers v. The Mayor, cited under & 1543, note j,
ante.
Officer not to hold any other civil office.
§ 1549. Any person holding office, whether by election or
appointment, who shall, during his term of office, accept, hold, cr
retain any other civil office of honor, trust, or emolument under
the government of the United States (except commissioners for
the taking of bail, or register of any court), or of the state except
the office of notary public or commissioner of deeds, or officer of
the national guard), or who shall hold or accept any other office
connected with the government of The City of New York, or who
shall accept a seat in the legislature, shall be deemed thereby to
have vacated any office held by him under the city government.
No person shall hold two city or county offices, except as expressly
provided in this act; nor shall any officer under the city government
hold or retain an office under the county governinent, except the
office of supervisor, or when he holds such office ex officio, by
virtue of an act of the legislature; and in such case shall draw no
salary for such ex officio office.
L. 1882, ch. 410, 55.
(a) The legislature has the power
under the Constitution to declare
certain offices incompatible. Peo-
ple ex rel. Furman v. Clute, 50 N.
Y. 451.
(6) An appointment to an incom-
patible office does not vacate. The
former one until the party accep
and qualify. People ex rel. W
ing v. Carrigue, 2 Hill, 93; People
88 1549, 1550] OFFICERS NOT TO RETAIN FEES.
737
ex rel. Martin v. Board of Police, court to estimate the value of land
35 Barb. 553.
required for opening a street, is not
(c) The incompatibility between an officer within this section, and
two offices, which upon the accept- an alderman is not disqualified
ance of one by the incumbent of from acting as such commissioner.
the other, operates to vacate the Matter of Opening Eleventh Ave-
latter, is not, simply a physical im- nue, 49 How. Pr. 208.
possibility to discharge the duties (g) The office of chief supervisor
of both offices at the same time, of elections under act of congress
but it is an inconsistency in the (16 U. S. Stat. at Large, 437) is ad-
functions of the two offices, as ditional to that of circuit court
where one is subordinate to the commissioner and not incident
other or where a contrariety and thereto, and, therefore, one accept-
antagonism would result in the at- ing such office vacates any office
tempt by one person to faithfully held by him under the city govern-
and impartially discharge the ment. Davenport v. The Mayor, 67
duties of both. People ex rel. Ryan N. Y. 456, affi'g 2 Sup. C. (T. & C.)
v. Green, 58 N. Y. 295; rev'g 5 536. See, also, People ex rel. Kelly v.
Daly, 254, which affi'd 46 How. Pr.
Common Council, 77 N. Y. 503.
169.
(h) A court attendant, e. g., of the
(d) A person holding the perma-
court of general sessions, or an as-
nent position of commissioner of sistant clerk or interpreter of a dis-
lunacy in the department of chari trict court, or a city surveyor, is not
ties and correction cannot at the within this section forbidding a per-
same time hold office as sanitary son to hold two civil offices simul-
inspector in the vaccinating corps taneously. O'Brien v. The Mayor, 84
of the health department. Fitch v. Hun, 50; S. C., 32 N. Y. Supp. 34;
The Mayor, 40 Hun, 512.
People ex rel. Gilchrist v. Murray, 73
(e) A landscape architect em- N. . 535, rev'g 8 Daly, 347; Ward-
ployed by the department of public law v. The Mayor, 19 N. Y. Supp. 6.
parks is not an officer within this See Billings v. The Mayor, 68 N. Y.
section. Olmstead v. Mayor, 42 N. 413; The People v. Duane, 121 N. Y.
Y. Super. Ct. (J. & S.) 481.
368, affi'g 55 Hun, 315; s, C., 8 N. Y.
(f) A commissioner of estimate Supp. 439.
and assessment appointed by the
Officers; when may receive and retain fees.
Š 1550. No officer of the city government, except the city mar-
shals, shall have or receive to his own use any fees, perquisites,
or commissions or any percentage; but every such officer shall
be paid by a fixed salary, and all fees, percentages, and commis-
sions received by any such officer shall be the property of the city.
And every officer who shall receive any fees, perquisites commis-
sions, percentages, or other money which should be paid over to
the city, shall, before he shall be entitled to receive any salary,
make under oath a detailed return to the comptroller showing the
amount of all such fees, commissions, percentages, perquisites and
moneys received by him since the last preceding report, the person
Irom whom received, and the reason for its payment, and shall pro-
uce the receipt of the chamberlain, showing the payment to him,
by said officer, of the aggregate amount thereof. All sums received
as above, or for licenses or permits, except as in this act otherwise
expressly provided, shall be paid over weekly, without deduction
by the officers or department receiving them, to the chamberlain,
47
738
OFFICERS GUILTY LO
, 1551
OF FRAUD.
TAN
[$$ 1550and a detailed return under oath shall at any time be made in such
form as the comptroller shall prescribe, stating when and from
whom, and for what use such moneys were received. No city
officer who is paid a salary for his services from the city treasury
shall receive to or for his own use any fees, costs, allowances, per-
quisites of office, commissions, percentages, or moneys paid to
him in his official capacity; but all fees, costs, allowances, per-
quisites, commissions, percentages, and moneys so paid or received
by any such officer or person, shall be the property of the city and
shall be paid by him into the city treasury; and every such officer or
person who shall receive any fees, perquisites, commissions, per-
centages, or other moneys which belong to the city, and should
be so paid into the treasury, shall, before he shall be entitled to
receive or to be paid his salary, make under oath a detailed state-
ment and return to the comptroller in such form as he may pre-
scribe, showing the amount of all such moneys received by him
since the last preceding statement and returns, and shall produce
a receipt showing the payment of such sum into the treasury. The
comptroller may require any such person or officer to make such
statement and return to him, if it be not made as herein provided,
and may examine any such officer or person under oath touching
the amount of any fees, costs, allowances, perquisites, commissions,
percentages, or moneys paid to or received by him in his official
capacity. But nothing herein contained shall be construed as pro-
hibiting the receipt of fees by any public officer on account of the
collection of the inheritance tax as, now provided by law, or as
repealing the provisions of chapter two hundred and ninety-nine of
the laws of eighteen hundred and ninety-two.
L. 1882, ch. 410, 8 56.
(a) Compensation is not recoverable
for performance of a public service,
or of official duties, unless it is given
by law, Haswell v. The Mayor, 81
N. Y. 255, aff'g 9 Daly, 1.
(6) To an action brought against
a city officer to account for fees re-
ceived by him, it is no defense that
no salary has ever been fixed or
attached to his office. Mayor V.
Kent, 21 Hun, 483.
(c) See People ex rel. Schultze:
Myers, 61 Hun. 500; S. C., 16 N. l.
Supp. 332, aff’d 131 N. Y. 644; Gale v.
The Mayor, 8 Hun, 370.
Id.; defrauding.
§ 1551. Any officer of the city government, or person employe
in its service, who shall wilfully violate or evade any of the pro
visions of law, or commit any fraud upon the city, or convert any
the public property to his own use, or knowingly permit any other
person so to convert it, or by gross or culpable neglect of duty. alle
the same to be lost to the city, shall be deemed guilty of a mise
88 1551–1554] PUBLIC PROPERTY, HOW SOLD.
739
나
​meanor, and, in addition to the penalties imposed by law, and on
conviction, shall forfeit his office, and be excluded forever after from
receiving or holding any office under the city government; and any
person who shall wilfully swear falsely in any oath or affirmation
required by this chapter shall be guilty of perjury.
L. 1882, ch. 410, $ 57.
(a) the civil justice of a district this section. People ex rel. Phelps
court is not an officer of the city V. Court of General Sessions, 13
government within the meaning of Hun, 395.
Money not to be paid to sectarian schools; public property; how dis-
posed of.
§ 1552. No money belonging to the city raised by taxation upon
the property of the citizens thereof, shall be appropriated in aid
of any religious or denominational school, neither shall any prop-
erty, real or personal belonging to said city, be disposed of to any
such school, except upon the sale thereof at public auction, after
the same has been duly advertised, at which sale such school shall
be the highest bidder, and upon payment of the sum so bid into the
city treasury; neither shall any property belonging to the city be
leased to any school under the control of any religious or denomi-
national institution, except upon such terms as city property may
be leased to private parties after the same has been duly advertised.
L. 1882, ch. 410, 8 61. '
Property to be sold at auction.
§ 1553. All property sold other than land under water shall be
sold at auction, after previous public notice, under the superin-
tendence of the appropriate head of department. The proceeds of
all sales made under and by virtue of this act shall, except as herein
otherwise specially provided, be by the officer receiving the same
immediately deposited with the chamberlain; and the account of
sales, verified by the officer making the sales, shall be immediately
filed in the office of the comptroller.
L. 1882, ch. 410, $ 62.
See The Mayor v. Hart, 16 Hun, 380; affi'd 95 N. Y. 443.
Patented articles; how supplied.
§ 1554. Except for repairs no patented pavement shall be laid
and no patented article shall be advertised for, contracted for or
purchased, except under such circumstances that there can be a fair
and reasonable Opportunity for competition, the conditions to
secure which shall be prescribed by the board of estimate and
apportionment.
L. 1882, ch. 410, 8 63.
· 240
CODE OF ORDINANCES, HOW PROVEL. [S$ 1554-1559
(a) See matter of Eager, 46 N: Y.
100; s. C., 12 Abb. Pr. (N. S.) 151,
affi'g 58 Barb. 557; 10 Abb. Pr.
(N. S.) 229; 41 How. Pr. 107; Dolan
v. The Mayor, 4 Abb. Pr. (N. S.)
397; Matter of McCormack, 10 Id.
234.
Special provision as to papers formerly filed in offices of town clerks.
§ 1555. Except as otherwise provided by this act, all papers now
required by law to be filed and recorded in the town clerk's office
in any of the towns by this act united and consolidated into The
City of New York, shall after this act takes effect, þe filed and
recorded in the office of the clerk of the county in which such town
is situated, and all such papers filed and recorded in any town
clerk's office of such towns, and the records thereof shall, imme-
diately after this act takes affect, be deposited in such county
clerk's office by the town clerks of such towns, and shall remain of
record therein.
Code of ordinances; when to be prima facie evidence.
§ 1556. A code or other volume containing the ordinances and
by-laws of the city published by authority of the municipal assem-
bly shall be prima facie evidence in all courts of justice of the
authenticity of such ordinances and by-laws.
Responsible guaranty company may act as surety.
§ 1557. Wherever this act provides for the giving of an official
bond with surety or sureties, such surety or sureties may consist
of a responsible guaranty company, provided the same shall be sat-
isfactory to, and be approved by, the officer or officers, or body
whose duty it is to approve such bond or sureties.
Tenure of office.
§ 1558. All officers elected or appointed under this act shall,
unless otherwise expressly provided and unless sooner removed, hold
their respective offices until their successors are respectively elected
or appointed and have qualified.
Publication to be made in City Record, unless otherwise provided.
§ 1559. All publications required by this act shall, unless other-
wise provided, be published in the City Record, and one publication
therein shall be sufficient, unless it is herein otherwise prescribed.
$S 1570-1571]
741
CORONERS
TITLE 8.
CORONERS.
Sec. 1570. Coroners to be elected in the boroughs.
1571. Id.; officers and subordinates provided for; salaries and com-
pensation.
Coroners to be elected in the boroughs.
$ 1570. Four coroners shall hereafter be elected in the borough
of Manhattan, two in the borough of The Bronx, two in the bor-
ough of Brooklyn, three in the borough of Queens and two in the
borough of Richmond. They shall be elected in the same manner
and at the same general elections as are the sheriffs in the several
counties in which such boroughs are situated, shall hold their
respective offices for the term of four years and shall be removable
in the same manner as sheriffs. The coroners 'in the borough of
Manhattan shall hereafter keep open on every day in the year,
including Sundays and legal holidays, the coroner's office in such
borough, with a clerk in constant attendance at all times of the day
and night.
| L. 1882, ch. 410, 8 1766; L. 1895, 9 846.
Id.; officers and subordinates provided for; salaries and compensation.
§ 1571. The coroners in each borough shall have an office in said
borough and shall appoint a clerk who shall receive an annual
salary to be fixed by the board of estimate and apportionment and
the municipal assembly, and suchi and so many assistant clerks as
shall be provided for in the annual estimate. They shall also
appoint a stenographer in each borough whose duty it shall be to
take accurate and full stenographic minutes and transcribe the
Same, of all proceedings and testimony taken before a jury in any
coroner's court, held by any one of said coroners. Each of said
coroners shall possess all the powers and perform all the duties
vested in or imposed upon coroners by any existing laws relating
to coroners in The City of New York as heretofore known and
bounded, or by any law of this state. The salaries or other com-
pensation of said coroners shall be fixed by the board of estimate
and apportionment and the municipal assembly.
ma) See L. 1882, ch. 410, 88 1766 to coroners in the municipality here-
179, as amended by L. 1889, ch. tofore known as the mayor, alder-
19; and L. 1895, ch. 846, for the men and commonalty of the city of
widtutory provisions relating to New York. -
statu
CHAPTER XXIII.
PROVISIONS RELATING TO THE COUNTIES AND REPEAL
PROVISIONS.
TITLE I. PROVISIONS RELATING TO THE COUNTIES.
2. REPEAL PROVISIONS.
TITLE I.
- PROVISIONS RELATING TO THE COUNTIES.
Sec. 1577. Wards in the borough of Brooklyn; how designated.
1578. Wards in boroughs of Manhattan and The Bronx; how desig-
nated.
1579. Towns and villages in Richmond county abolished.
1580. Wards in the borough of Richmond.
1581. Towns in Queens County abolished; wards in borough of
Queens.
1582. Municipal assembly; power to change boundaries.
1583. Salaries of county officers in New York, Richmond and Kings
counties; how met.
1584. Election of county officers required by the Constitution not
affected.
1585. Public administrator of the county of New York. .
1586. Devolution of powers vested in boards of supervisors.
1587. The office of county treasurer of the county of Richmond.
abolished.
1588. Proportion of the debt of the county of Queens assumed by
The City of New York; power of board of supervisors of said
county to bind that part thereof included in The City of New
York restricted.
1589. Proportion of the debt of the town of Hempstead to be assumed
by the city; power of town board of said town to bind that
part thereof included in The City of New York, restricted.
1590. Disposition of real and personal property owned or held in
trust for the town of Hempstead.
1591. Proportion of funds and moneys received by the city which
should be returned to Queens county or paid to the compa
troller of the State; how determined.
1592. Board of supervisors of Queens county not to levy any tax upor
that part of said county within the city.
1593. Comptroller of State to determine amount of county charges of
Queens county to be borne by that part of said county with
the city.
88 1577-1581] WARDS IN BOROUGHS.
743
Sec. 1594. Comptroller of State to determine amount of State tax to be
paid by the part of Queens county within the city; how
levied and collected.
1595. Comptroller to transmit to the city a statement of the State
tax to be paid by New York, Kings and Richmond counties;
how levied and collected.
1596. Comptroller of State to apportion Queens county school moneys.
1597. School moneys for New York, Kings and Richmond counties to
be transmitted to the city.
Wards in the borough of Brooklyn; how designated.
$ 1577. The wards of the former city of Brooklyn are hereby
continued, with their present boundaries and numbers, and shall be
known and designated as wards of the borough of Brooklyn.
For the territory included within the different wards in the borough
of Brooklyn, see Appendix.
Wards in boroughs of Manhattan and The Bronx; how designated.
§ 1578. The wards of the corporation heretofore known as the
mayor, aldermen and commonalty of The City of New York are
hereby continued, with their present boundaries and numbers, and
shall be known and designated as wards of the borough of Man-
hattan and The Bronx, respectively.
For the territory included within the different wards in the boroughs
of Manhattan and The Bronx, see Appendix.
Towns and villages in Richmond county abolished.
§ 1579. The five towns and all the incorporated villages within
the county of Richmond are hereby abolished.
Wards in the borough of Richmond.
§ 1580. The territory includied within the towns of Castleton,
Middletown, Northfield, Southfield and Westfield, in the county of
Richmond, shall, in the order named, be known and designated as
wards one, two, three, four and five, respectively, of the borough
of Richmond.
Towns in Queens county abolished; wards in borough of Queens.
$ 1581. The towns of Newtown, Flushing and Jamaica, and all
the incorporated villages in that part of the county of Queens
included within The City of New York, as constituted by this act,
are hereby abolished. The territory heretofore known as Long
Island City shall be known as ward one of the borough of Queens;
de town of Newtown as ward two of said borough; the town of
lushing as ward three; the town of Jamaica as ward four; and that
744
1
ym
SALARIES OF COUNTY 1585
OFFICERS. [S$ 1581-part of the town of Hempstead included within The City of New
York, as constituted by this act, shall be known as ward five of the
said borough of Queens. But the supervisors of said towns who
are in office. when this act takes effect shall serve out their respective
terms of office as supervisors of the wards in which they respect-
ively reside, and shall continue to be members of the board of super-
visors of the county of Queens.
Municipal assembly; power to change boundaries.
§ 1582. The municipal assembly may from time to time by ordi-
nance change the boundaries of wards and create other wards as
the public good and convenience may require.
Salaries of county officers in New York, Richmond and Kings counties;
how met.
§ 1583. The salaries of all county officers in the counties of New
York, Kings and Richmond shall, unless otherwise provided by law,
be fixed by the board of estimate and apportionment, subject to
approval by the municipal assembly, and all county charges and
expenses and salaries of county officers in said counties and each of
them shall be 'audited by the board of estimate and apportionment,
and shall be paid by The City of New York, in the same manner as
the salaries of city officers and city charges are paid; but nothing
in this section contained shall be construed as in any way changing
or modifying the provision contained in section nine hundred and
two of this act, to the effect that the sums necessary to defray the
salaries of county officers and to pay county charges and expenses
in said counties shall be levied and assessed upon the property of
said three counties, respectively, so that each shall ultimately bear.
and pay all its own county charges.
Election of county officers required by the Constitution not affected.
§ 1584. Nothing in this act contained shall be deemed to inter-
fere with or hereafter prevent the election, under and pursuant to
laws relating thereto, of all county officers required by the con-
stitution of the state, to be elected in either of the counties, in
whole or in part, included within The City of New York, as consti-
tuted by this act.
Public administrator of the county of New York.
$ 1585. Upon the taking effect of this act, the official designation
of the public administrator in The City of New York, as heretofore
known and bounded, shall be the public administrator of the
$$ 1585-1588] BOARD OF SUPERVISORS.
745
county of New York, and such officer shall continue a county
officer with the powers, duties and obligations now prescribed by
law, and the present provisions of law and the present ordinances
relating to said public administrator shall not be affected by any-
thing herein contained.
For the provisions of law relating to the public administrator of the
county of New York, see Appendix.
Devolution of powers vested in boards of supervisors.
§ 1586. All powers of local legislation and administration in the
counties of New York, Kings and Richmond, which are not, at
the time of the taking effect of this act, vested in boards of super-
visors of said counties by an act, entitled “An act to provide for
boards of supervisors in counties wholly within the limits of a city,
but not comprising the whole of such city, and defining the powers
and duties thereof,” or which are not vested in other county officers
required by the constitution of the state to be maintained in said
three counties, respectively, are hereby vested in the municipal
assembly of The City of New York, as constituted by this act,
except where otherwise vested by this act in administrative depart-
ments or officers of said city.
For the constitutional provisions relating to boards of supervisors, see
Appendix
The office of county treasurer of the county of Richmond abolished.
§ 1587. The office of county treasurer of the county of Richmond
is hereby abolished and all the powers, duties and obligations of
i said county treasurer are hereby devolved upon the comptroller
of The City of New York, as constituted by this act.
Proportion of the debt of the county of Queens assumed by The City of
New York; power of board of supervisors of said county to bind
that part thereof included in The City of New York, restricted.
§ 1588. The proportion of the debt of the county of Queens
which shall be assumed by The City of New York, as constituted by
this act, shall be determined in the manner following: The mayor
and the municipal assembly as representing The City of New York,
and the board of supervisors of the county of Queens, are hereby
authorized and empowered to agree, if they can, as to the amount
of the debt of the county of Queens, which should equitably and
properly be assumed by The City of New York. If the mayor and
the municipal assembly of The City of New York and the board of
supervisors of said county of Queens be unable to agree within six
746
DEBTS APPORTIONED. [SS 1588, 1589
months after this act takes effect as to the proportion of said debt
of the county of Queens to be assumed by The City of New York,
the supreme court of the third judicial district shall have power to
determine the proportion of said debt of the county of Queens, to
be assumed by said city, and to enforce such award, decision and
determination as shall be made in the premises, in a suit in equity
to be brought by, and in the name of either of said parties not less
than six months nor more than one year after the taking effect of
this act. Nothing herein contained shall impair the obligation of
any contract; and the property and inhabitants of such parts of the
county of Queens, as are by this act consolidated with the corpora-
tion heretofore known as the mayor, aldermen and commonalty
of The City of New York, shall continue liable to the existing credi-
tors of the said county of Queens, in like manner as if this act had
not been passed. But from and after the taking effect of this act,
the board of supervisors of said county of Queens shall have no
power to issue any bond, obligation or other evidence of indebted-
ness which shall bind or render liable the property or the inhabit-
ants of any part of said county included within The City of New
York as hereby constituted. The apportionment of the debt of
the county of Queens shall be determined according to the rela-
tive assessed valuation of the real property included in, or remain-
ing without the city.
Proportion of the debt of the town of Hempstead to be assumed by the
city; power of town board of said town to bind that part thereof
included in The City of New York, restricted.
§ 1589. The proportion of the debt of the town of Hempstead
which shall be assumed by The City of New York, as constituted by
this act, shall be determined in the following manner: The mayor
and the municipal, assembly, as representing The City of New York
and the town board of the town of Hempstead, are hereby author-
ized and empowered to agree if they can, as to the amount of the
debt of the town of Hempstead, which should equitably and prop-
erly be assumed by The City of New York. If the mayor and the
municipal assembly of the said city and the town board of said
town be unable to agree within six months after this act takes
effect as to the proportion of said debt of the town of Hempstead
to be assumed by The City of New York, the supreme court of the
third judicial district shall have power to determine the proportion
of said debt of the town of Hempstead to be assumed by said
city, and to enforce such award, decision and determination as
shall be made in the premises in a suit in equity to be brought
$ 1589, 1590] PROPERTY OF HEMPSTEAD.
747
by and in the name of either of said parties not less than six months
nor more than one year after this act takes effect. Nothing herein
contained shall impair the obligation of any contract; and the
property and inhabitants of such part of the town of Hempstead as
is by this act consolidated with the corporation heretofore known
as the mayor, aldermen and commonalty of The City 'of New York,
shall continue liable to the existing creditors of the said town of
Hempstead, in like manner, as if this act had not been passed. But
from and after the taking effect of this act, the town board of said
town of Hempstead shall have no power to issue any bond, obliga-
tion or other evidence of indebtedness which shall bind or render
liable the property or inhabitants of any part of said town included
within The City of New York as hereby constituted. The appor-
tionment of the debt of the town of Hempstead shall be deter-
mined according to the relative assessed valuation of the real
property included in, or remaining without the said city.
Disposition of real and personal property owned by or held in trust for
the town of Hempstead.
1590. All the real property owned by the town of Hempstead .
and situated in that part of said town included within The City of
New York, as constituted by this act, is hereby vested in the said
City of New York and divested out of the town of Hempstead, and
all of the real property owned by the town of Hempstead and
situated elsewhere in said town is hereby vested in the town of
Hempstead and divested out of the said City of New York. All
of the property owned by the town of Hempstead other than real
, property, including money, investments, securities on investments
and money held in trust for the benefit of said town, directly or
indirectly, shall be divided between the said town and The City of
New York, as constituted by this act, and the proportion of the
same to which each shall, in equity and good conscience, be entitled
to receive upon such division, shall be ascertained and determined
by agreement by and between the town board of the town of
Hempstead, upon the one side, and the mayor and the municipal
assembly of the said City of New York, upon the other side, and
in case of their inability to agree upon such division within six
months after this act shall take effect, the supreme court in the
third judicial district is hereby empowered to divide the same
between them and to ascertain and award to each its equitable pro-
portion thereof, and to enforce its determination thereon, and either
of the said municipalities may institute and prosecute, in its own
ame; an action in equity in said court for that purpose after the
748 FUNDS AND CHARGES OF QUEENS COUNTY. [SS 1590–1593
L
expiration of six months and before the expiration of one year after
this act takes effect.
Proportion of funds and moneys received by the city which should be
returned to Queens county or paid to the comptroller of the State;
how determined.
§ 1591. The mayor and municipal assembly of The City of New
York, as constituted by this act, and the board of supervisors of
the county of Queens, are also authorized and empowered to deter-
mine what proportion of the funds and moneys that may be received
by The City of New York, pursuant to the provisions of this act,
from any officer of any of the municipal and public corporations
or parts of municipal and public corporations within the county of
Queens, and hereby consolidated with the corporation heretofore
known as the mayor, aldermen and commonalty of The City of
New York, should be refunded or repaid to the county of Queens,
as representing taxes levied and assessed for the payment of county
charges and expenses within said county, and in like manner what
proportion of said moneys that may be so received, were levied for
state taxes payable by said county of Queens for the year eighteen
hundred and ninety-eight, and should therefore be turned over to
the comptroller of the state in payment and discharge of said
county's obligation to the state in that regard for the year eighteen
hundred and ninety-eight. If the mayor and the municipal assem-
bly, and the said board of supervisors of the county of Queens be
unable within three months after this act takes effect to agree as to
any or either of said matters, then the supreme court of the third
judicial district shall have power to determine in each case where
a disagreement occurs upon said matters, and each of them, and to
enforce such determination and decision in a suit in equity, to be
brought in the name of the supervisors of said county of Queens,
or of the comptroller of the state, as the case may be, not less thai
six months nor more than one year after this act takes effect.
Board of supervisors of Queens county not to levy any tax upon that
part of said county within the city.
§ 1592. No tax either for state or for county purposes shall, after
the taking effect of this act, be levied by the board of supervisors
of the county of Queens upon any property situated in that part on
said county within The City of New York, as hereby constituted.
ens
Comptroller of State to determine amount of county charges of Queens
county to be borne by that part of said county within the city.
§ 1593. The comptroller of the state shall have power and 15
S$ 1593–1596]
.
STATE TAXES.
749
しい
​hereby authorized to determine on or before the first day of Octo-
ber in each year the amount of the county charges and expenses
which should be equitably borne by that part of the county of.
Queens situated within The City of New York, as hereby consti-
tuted, and to report the amount thereof to the comptroller of said
city. The amount so determined by the comptroller of the state,
shall be levied and assessed by the municipal assembly of said city
upon that part of the county of Queens included within said city,
and shall be collected by said city, and as fast as the same is col-
lected, shall be paid over by said city to the county treasurer of the
county of Queens, or to such other officer of said county as may by
law be authorized to receive the same.
Y
Comptroller of State to determine amount of State tax to be paid by the
part of Queens county within the city; how levied and collected.
$ 1594. It shall be the duty of the comptroller of the state, on or
before the first day of October in each year, to compute and appor-
tion the amount of tax for state purposes which should be paid by
that part of the county of Queens by this act included in The City
of New York and to transmit a statement of such amount to the
comptroller of The City of New York for levy and collection by said
city. The amount, of which a statement is thus transmitted, shall
be levied upon and collected from the entire property within the
territorial limits of said city in like manner as other expenses of
the city.
Comptroller of State to transmit to the city a statement of the State
tax to be paid by New York, Kings and Richmond counties; how
levied and collected.
§ 1595. It shall be the duty of the comptroller of the state annu-
ally to transmit to the comptroller of The City of New York, as
hereby constituted, for levy and collection by said city, a statement
of the amount of tax for state purposes to be paid by the counties
of New York, Kings and Richmond, respectively. The amount, of
which a statement is thus transmitted by the comptroller of the
state to the comproller of said city, shall be levied upon and col-
lected from the entire property within the territorial limits of said
city in like manner as other expenses of said city.
Comptroller of State to apportion Queens county school moneys.
$ 1596. It shall be the duty of the comptroller of the state, and he
hereby authorized to make on or before the first day of February
In each year, an apportionment of the school moneys which should
750
REPEAL PROVISIONS. [S$ 1596-1608
equitably be assigned to that part of the county of Queens included
within The City of New York, as hereby constituted. Such portion
of said school moneys as shall by the comptroller of the state be
determined to belong to that part of the county of Queens included
within The City of New York, shall be transmitted to the chamber-
lain of said city for the uses and purposes provided for in the chap-
ter on education contained in this act.
School moneys for New York, Kings and Richmond counties to be
transmitted to the city.
§ 1597. All school moneys which may after the taking effect of
this act be allotted to the counties of New York, Kings and Rich-
mond, respectively, shall be transmitted to the chamberlain of The
City of New York for the uses and purposes provided for in the
chapter on education contained in this act.
TITLE 2.
REPEAL PROVISIONS— EFFECT OF THIS ACT.
Sec. 1608. Inconsistent provisions of consolidation act repealed.
1609. Omission of previous acts not to be construed as repealed.
1610. Acts applicable to The City of New York.
1611. To take effect January 1, 1898.
1612. Invalidity of one section not to invalidate any other section.
1613. Interregnum; how prevented.
1614. Existing rights and remedies preserved.
1615. Powers of corporations consolidated devolved upon The City of
New York.
1616. Forfeiture or loss of property not worked.
1617. Franchises and other grants not affected.
1618. This act; how repealed or amended.
1619. Chapter 942 of the Laws of 1896 not repealed.
1620. This act a public act.
co
Inconsistent provisions of consolidation act repealed.
§ 1608. The act of the legislature of the state of New York,
passed July first, eighteen hundred and eighty-two, known as the
New York city consolidation act of eighteen hundred and eighty,
two, and acts amendatory thereof, and supplemental thereto, and
other acts of the legislature of the state of New York now in force
relating to or affecting the local government of The City of New
York, as heretofore constituted, are hereby repealed so far as any
provisions thereof are inconsistent with the provisions of this act, o?
so far as the subject matter thereof is revised or included in this atly
and no further. So far as the provisions of this act are the same
$$ 1608–1611] ACTS APPLICABLE.
751
terms or in substance and effect as the provisions of the said con-
solidation act, or of other acts of the legislature now in force relat-
ing to or affecting the municipal and public corporations, or any of
them herein united and consolidated, this act is intended to be not
a new enactment, but a continuation of the said consolidation act
of eighteen hundred and eighty-two, and said other acts, and is
intended to apply the provisions thereof as herein modified to The
City of New York as herein constituted, and this act shall accord-
ingly be so construed and applied.
Omission of previous acts not to be construed as repealed.
: $ 1609. The mere omission from this act of any previous acts or
of any of the provisions thereof, including said consolidation act
of eighteen hundred and eighty-two, relating to or affecting the
municipal and public corporations or any of them which are herein
united and consolidated, shall not be held to be a repeal thereof.
Acts applicable to The City of New York.
§ 1610. All the provisions of all acts of the legislature of the
state of New York, including said consolidation act of eighteen
hundred and eighty-two, of a general and permanent character,
relating to the corporation heretofore known as the mayor, alder-
men and commonalty of The City of New York, in force at the time
this act goes into effect, which are consistent with this act and its
purposes, and which are not revised and included in or the sub-
ject matter thereof covered by this act, are hereby extended to The
City of New York as herein constituted, so far as they are con-
sistent with this act, and are not in their nature locally inapplicable
to other portions of the city than the corporation heretofore known
as the mayor, aldermen and commonalty of The City of New York.
And the provisions of law thus extended to The City of New York
as herein constituted shall apply to said city throughout its whole
extent, anything to the contrary notwithstanding contained in the
charter of any of the municipal or public corporations or laws relat-
ing thereto, which are by this act united and consolidated with the
corporation heretofore known as the mayor, aldermen and com-
monalty of The City of New York.
To take effect January 1, 1898.
$ 1611. For the purpose of determining the effect of this act
upon other acts and the effect of other acts upon this act, this act
hall, except as in this section is otherwise provided, be deemed to :
ve been enacted on the first day of January, in the year eighteen
752
RIGHTS AND REMEDIES PRESERVED. [S$ 1611–1614
hundred and ninety-eight. This act shall take effect on the first
day of January, eighteen hundred and ninety-eight; provided, how-
ever, that where by thu terms of this act an election is provided or
required to be held or other act done or forbidden prior to January
first, eighteen hundred and ninety-eight, then as to such election
and such acts, this act shall take effect from and after its passage,
and shall be in force immediately, anything in this chapter or act to
the contrary notwithstanding.
Invalidity of one section not to invalidate any other section.
§ 1612. The invalidity of any section or provision of this act shall
not invalidate any other section or provision thereof.
Interregnum; how prevented.
$ 1613. To guard against the inconvenience and effects that
might arise from the changes in local government effected by this
act, and to prevent an interregnum, and otherwise to carry out the
purposes and provisions of this act, it is hereby enacted that until
this act and its several provisions shall take effect all existing acts
shall remain in force, and all officers in office when this act takes
effect shall remain in office until their successors are respectively
elected and appointed and shall have qualified under the provisions
of this act. And for the purposes aforesaid as well as for any other
purpose necessary or proper to effectuate the scheme and objects of
this act, and to carry into effect the powers granted by this act to
The City of New York, the municipal assembly shall have power
by ordinances to make from time to time all such provisions con-
cerning the local rule and government of The City of New York
as herein constituted, and each and all of its departments as it may
find necessary or deem needful not inconsistent with the constitu-
tion and laws of the state and the express provisions of this act.
Existing rights and remedies preserved.
§ 1614. No right or remedy of any character shall be lost or
impaired or affected by reason of this act. This act shall not affect
or impair any act done or right accruing, accrued or acquired, of
penalty, forfeiture or punishment incurred prior to the time when
this act takes effect or by virtue of any laws repealed or modified
by this act, but the same may be asserted, enforced, prosecuted of
inflicted as fully and to the same extent as if this act had not been
passed or said laws had not been repealed or modified; and all
actions, suits, proceedings or prosecutions under the New York City
consolidation act of eighteen hundred and eighty-two, or amend-
$g 1614–1616] DEVOLUTION OF POWERS.
753
ments thereof, or other laws relating to The City of New York and
herein repealed or modified, or under any charter or law relating to
any of the municipal and public corporations which are herein
united and consolidated, and pending when this act takes effect,
including the counties of Kings and Richmond, may be prosecuted
and defended to final effect in the same manner as they might under
the laws then existing, unless herein otherwise specially provided;
and such actions, suits, proceedings or prosecutions may be con-
tinued without change of name or title, or on motion The City of
New York may be substituted as plaintiff or defendant, as the case
may be, in the place of the existing party to whose rights and obli-
gations the said City of New York has by force of this act suc-
ceeded. The corporation counsel shall assume the charge,
direction and control of all such actions, suits and proceedings in
behalf of The City of New York. All future suits by or against The
City of New York as herein constituted or against any of the muni-
cipal and public corporations in this act united and consolidated
shall be in the corporate name of “The City of New York.”
Powers of corporations consolidated devolved upon The City of New
York.
$ 1615. Upon the taking effect of this act on the first day of
January, eighteen hundred and ninety-eight, all the municipal and
public corporations, except counties, which by this act are consoli-
dated with the corporation heretofore known as the mayor, alder-
men and commonalty of The City of New York, shall cease and
determine, and their powers to the full extent of legislative power
in this behalf are respectively devolved upon the corporation of The
City of New York as herein constituted and the municipal assembly
thereof, unless otherwise expressly provided in this act or by law.
And all offices formning part of the local government of the said
municipal and public corporations and parts thereof, including
cities, villages, towns and school-districts, but not including
counties, which, by the first section of this act, are united and con-
Solidated into The City of New York, as herein constituted, are
hereby abolished as to all the territory embraced within the limits
of said city, except as herein otherwise expressly provided. The
Toregoing does not include the office of recorder of the former City
of New York, which is hereby continued under the name and title
of recorder of the county of New York.
Forfeiture or loss of property not worked.
8 1616. Neither the above nor any other provisions of this act
48
754 FRANCHISES AND GRANTS NOT AFFECTED. [S$ 1616–1620
shall work any forfeiture or loss of any property or rights therein
or relating thereto held in trust by said municipal and public corpo-
rations or any of them, or to which they or any of them are or may
be entitled; and The City of New York as herein constituted is
hereby declared to be the successor in respect of such property
and rights of the said municipal or public corporation to which
the same was granted; and the said City of New York shall hold
the same, as well as all other property and rights to which such
corporation may be entitled, as successor, on the same trusts and
charged with the same duties as the municipal or public corporation
to which it was granted.
Franchises and other grants not affected.
§ 1617. Neither this act nor anything contained therein shall
affect any grants of franchises or properties or rights of any nature
in, to or concerning property of any character or other grants made
by the Nicolls' charter, the Dongan charter, the Cornbury charter,
the Montgomerie charter, by the confirmatory act passed the four-
teenth day of October, seventeen hundred and thirty-two, or by
any other charter or act granted to the corporation known as the
mayor, aldermen and commonalty of The City of New York, by the
state of New York, or granted by said state to the city of Brooklyn
or to any of the other municipal and public corporations which are
herein united and consolidated into The City of New York, and
each and all of said grants are to all intents and purposes hereby
ratified, granted, confirmed and extended to The City of New York
as constituted by this act.
This act; how repealed or amended.
§ 1618. This act or any section or provision thereof shall not
be deemed to be repealed or amended by any act of the legislature,
unless it be so expressly stated, or the legislative intention to that
effect is unmistakable.
Chapter 942 of the Laws of 1896 not repealed.
§ 1619. Nothing in this act contained shall be deemed to repeal
the provisions of chapter nine hundred and forty-two of the laws
of eighteen hundred and ninety-six.
This act a public act.
§ 1620. This act, providing for uniting into one municipality,
various communities, including the city and county of New Y
the city of Brooklyn, the county of Kings, the county of Richi
$ 1620]
CHARTER A PUBLIC ACT.
755
and part of the county of Queens with the municipal and public
corporations therein, as in this act provided, is intended to be and
shall be deemed and held in all courts and jurisdictions to be a pub-
lic act, of which the courts shall take judicial notice. And this act
shall be construed not as an act in derogation of the powers of the
state but as one intended to aid the state in the execution of its
duties by providing, subject to the constitution and laws of the state
and the provisions and limitations herein contained, an adequate
scheme of local government for the communities and people
affected, through the instrumentality of the corporate body herein
constituted under the name of “The City of New York."
APPENDIX I.
SUPPLEMENTARY ACTS.
CHAPTER 379.
AN ACT to amend chapter nine hundred and nine of the laws of eighteen
hundred and ninety-six, known as the election law, and entitled,
“An act in relation to the elections, constituting chapter six of the
general laws.”
Pecame a law May 6, 1897, with the approval of the Governor. Passed,
three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do
cnact as follows:
SECTION 1. Section five of chapter nine hundred and nine of the laws of
eighteen hundred and ninety-six, being an act entitled "An act in rela-
tion to the elections, constituting chapter six of the general laws," is
hereby amended to read as follows:
Notice of elections by secretary of state and county clerk.
§ 5. The secretary of state shall, at least three months before each
general election, make and transmit to the county clerk of each county and
the police board of The City of New York, a notice under his hand
and official seal, stating the day upon which such election shall be held,
and stating each officer, except city, village and town officers, who may
be lawfully voted for at such election by the electors of such county or
any part thereof. If any such officer is to be elected to fill a vacancy,
the notice shall •so state. The secretary of state shall forthwith, upon
the filing in his office of the governor's proclamation ordering a special
election, make and transmit to each county clerk and to the police board
of The City of New York, a like notice of the officers to be voted for at
such special election in such county or city or any part thereof, and
cause such proclamation to be published in the newspapers published
M such county having large circulation therein, at least once a
week until such election shall be held. Each county clerk shall forth-
led, upon receipt of either such notice, file and record it in his office,
u shall cause a copy of such notice to be published once in each week
but the election therein specified in the newspapers designated to
publish election notices. He shall also publish as a part of such notice,
ve city, village and town officer who may lawfully be voted for at such
elec
culon by the electors of such county or any part thereof.
to Section six of said act is hereby amended so as to read as follows:
758
APPENDIX I.
Notice of submission of proposed constitutional amendments or other
propositions or questions.
§ 6. Every amendment to the constitution proposed by the legislature,
unless otherwise provided by law, shall be submitted to the people for
approval at the next general election, after action by the legislature
in accordance with the constitution; and whenever any such proposed
amendment to the constitution or other proposition, or question provided
by law to be submitted to a popular vote, shall be submitted to the
people for their approval, the secretary of state shall include in his
notice to the county clerk and the police board of The City of New York,
of the general election, a copy of such amendment, proposition or ques-
tion, and if more than one such amendment, proposition or question is to
be voted upon at such election, such amendment, proposition or question,
respectively, shall be separately and consecutively numbered. If such
amendment, proposition or question is to be submitted at a special elec-
tion the secretary of state shall, at least twenty days before the election,
make and transmit to each county clerk and the police board of The
City of New York a like notice. Each county clerk shall, forthwith, upon
the receipt of such notice, file and record it in his office, and shall cause
a copy of such notice to be published once a week until the election
therein specified, in the newspapers designated to publish election
notices.
§ 3. Section eight of said act is hereby amended so as to read as
follows:
Creation, division and alteration of election districts.
§ 8. Every town, or ward of a city, not subdivided into election dis-
tricts shall be an election district. The town board of every town con-
taining more than four hundred electors, and the common council of
every city except New York, in which there shall be a ward containing
more than four hundred eléctors, shall, on or before the first day of
July in each year, whenever necessary so to do, divide such town of
ward respectively into election districts, each of which shall be compact
in form, wholly within the town or ward, and shall contain respectively
as near as may be, four hundred electors, but no such ward or town shall
be again divided into election districts until, at some general election,
the number of votes cast in one or more districts thereof shall exceed
six hundred; and in such a case the redivision shall apply only to the
town or ward in which such district is situated. If any part of a city
shall be within a town, the town board shall divide into election districts
only that part of the town which is outside of the city. No elec-
tion district including any part of a city shall include any part ol
a town outside of a city. A town or a ward of a city containing less
than four hundred electors may, at least thirty days before the election.
or appointment (where appointment is directed to be made by law)
inspectors of election of such town or ward, be divided into election disa
tricts by the board or other body charged with such duty when, in
judgment of such board or body, the convenience of the electors su
be promoted thereby. The creation, division or alteration of an elecu
district outside of a city shall take effect immediately after the nes
town meeting, and at such next town meeting inspectors of ele
lection
APPENDIX I.
759
shall be elected for each election district as constituted by such creation,
division or alteration. If the creation, division or alteration of an elec-
tion district is rendered necessary by the creation or alteration of a town,
or ward of a city, it shall take effect immediately, but a new town or
ward shall not be created, and no new town or ward shall be subdivided
into election districts between the first day of August of any year, and
the day of the general election next thereafter. If inspectors are not
elected or appointed for such district outside of a city before September
the first next thereafter, the town board of the town shall appoint four
inspectors of election for such district. If a town shall include a city, or
a portion of a city, only such election districts as are wholly outside of
the city shall be deemed election districts of the town, except for the pur-
pose of town meetings. The police board of The City of New York shall
divide such city into election districts on or before the first day of July in
any year whenever necessary so to do as hereinafter provided. The elec-
tion districts existing pursuant to the provisions of law in the year
eighteen hundred and ninety-seven in the counties of New York and
Kings shall continue with their present boundaries until at some general
election for the office of governor the number of registered electors therein
shall exceed six hundred, provided, however, that any election district
containing less than seventy-five electors in such counties, made necessary
by the crossing of congressional lines with other political divisions, may
be consolidated with contiguous election districts in any year when no
representative in congress is to be voted for in such districts. On or
before the first day of July in the year eighteen hundred and ninety-eight
the police board of The City of New York shall divide that portion of such
city that is outside the counties of New York and Kings into election dis-
tricts which shall be compact in form and shall contain as near as may
be four hundred electors as shown by the registration of electors for
the general election held therein in the year eighteen hundred and
ninety-seven. Such election districts so established in The City of
New York shall not again be changed until at some general election for
the office of governor the number of registered electors therein shall
exceed six hundred, except where changes are made necessary by
a change in the boundaries of congressional, senate or assembly districts
or ward lines, provided, however, that when the number of registered
electors in any election district shall for two consecutive years be less
than two hundred and fiftý, such district may be consolidated with
contiguous election districts in the discretion of said police board.
In that portion of The City of New York within the county of New
Tork each election district shall be compact in form entirely within an
assembly district and numbered in consecutive order therein respectively.
In that portion of The City of New York outside of the county of New
Jork each election district shall be compact in form, entirely within
ward and numbered in consecutive order therein respectively.
wxcept as heretofore provided no election district shall contain por-
Ons of two counties, or two congressional, senate or assembly districts
of two wards. Each town and each part of a town to be included in The .
my of New York, as constituted by the Greater New York charter, shall
ve respectively deemed to be a ward within the meaning of this section.
760
APPENDIX I.
§ 4. Section ten of said act is hereby amended so as to read as follows:
Designation of places for registry and voting, publication of same and
provision of furniture therefor.
§ 10. On the first Tuesday of September in each year, the town board of
each town, and the common council of each city, except New York, and
the police board of The City of New York, shall designate the place in
each election district in the city or town at which the meeting for the
registration of electors and the election shall be held during the year.
Each room so designated shall be of a reasonable size, sufficient to admit
and comfortably accommodate at least ten electors at a time outside of
the guard rails. No building, or part of a building, shall be so designated
in any city if within thirty days before such designation intoxicating
liquors, ale or beer, shall have been sold in any part thereof. No room
shall be designated elsewhere in a city if within thirty days before
such designation intoxicating liquors, ale or beer, shall have been
sold in such room, or in a room adjoining thereto, with a door or passage-
way between the two rooms. No intoxicating liquors, ale or beer shall be
sold in such building in a city or such room or adjoining room elsewhere
after such designation and before the general election next thereafter,
or be allowed in any room in which an election is held during the day of
the election or the canvass of the votes. Any person or persons violating
the provisions of this section shall be deemed guilty of a misdemeanor.
If any place so designated shall thereafter and before the close of the
election be destroyed, or for any reason become unfit for use, or cannot
for any reason be used for such purpose, the officers charged with the
designation of a place for such election shall forthwith designate some
other suitable place for holding such election. Not more than one polling
place shall be in the same room, and not more than two polling places
shall be in the same building. The officers authorized to designate such
places in any town or city shall provide for each polling place at such
election, the necessary ballot and other boxes, guard rails, voting booths
and supplies therein, and the other furniture of such polling place, neces-
sary for the lawful conduct of each election thereat, shall preserve the
same when not in use, and shall deliver all such ballot and other boxes
for each polling place, with the keys thereof, to the inspectors of election
of each election district at least one-half hour before the opening of the
polls at each election. The officers authorized to designate the registra-
tion and polling places in any city, except the city of New York, shall
cause to be published in two newspapers within such city a list of such
places so designated, and the boundaries of each election district in which
such registration and polling place is located. Such publication shall be
made in the newspapers so selected upon each day of registration and the
day of election, and on the day prior to each such days. One of such
newspapers so selected shall be one which advocates the principles of the
political party polling the highest number of votes in the state at the last
preceding election for governor, and the other newspaper so designatel
shall be one which advocates the principles of the political party polling
the next highest number of votes for governor at said election,
The police board of The City of New York shall cause to be published
in two newspapers in each county wholly or partly within such city a 11a
Last
hed
APPENDIX I.
761
of the registration and polling places so designated in each borough in
such respective counties and the boundaries of each election district
therein in which such registration and polling place is located; except
that in the borough of Brooklyn such publication shall be made in the
newspapers designated to publish corporation notices therein. Such
publication shall be made in such newspapers upon each day of registra-
tion and the day of election and on the day prior to each of such days.
Such publications shall be made in the newspapers published in such
counties which shall respectively advocate the principles of the political
parties which at the last preceding election for governor respectively cast
the largest and next largest number of votes in the state for such office.
The said police board shall also cause to be published in the City Record
on or before the first day of registration in each year a complete list of
all the registration and polling places so designated and the boundaries
of the election districts in which such places are located arranged in
numerical order under the designation of the respective boroughs in
which they are located. In selecting the newspapers in which such pub-
lications are to be made the said board shall keep in view the object of
giving the widest publicity thereto.
§ 5. Section twelve of said act is hereby amended so as to read as
follows:
Appointment and qualifications of election officers in cities.
$ 12. On or before the first day of October in each year the police board
of The City of New York and the mayor of each other city, shall select and
appoint the election officers for each election district in their respective
cities; and shall severally have the power to fill all vacancies which may
arise before the opening of the polls on election day. To insure the
bipartisan character of such board or body of election officers required
by the election law, each political party entitled to representation in such
board or body shall have the right, not later than the first day of August
in each year, to prepare and file with the board or officer empowered to
make the appointments as herein provided, a list of persons, members of
such party, duly qualified to serve as election officers, together with a sup-
plemental list of persons, members of such party, duly qualified to serve as
election officers, from which the said mayor or board may select and
appoint persons to fill vacancies occurring in the representation of such
party in such board or body of election officers. In The City of New
York such list shall be authenticated and filed by the chairman of the
executive committee of the county committee of the party in the respec-
tive counties wholly or partly within such city, as constituted by the
Vreater New York charter; in other cities, by the chairman and secretary
of the general, city or county committee of such party, if there be such
committee, or, if not, then by the corresponding officers (by whatever
be known) of any committee performing the usual functions of a city
us county committee; provided, however, that if in any city more than
one such list be submitted in the name or on behalf of the same political
pusly, only that list shall be accepted which is authenticated by the
"oper officer or officers of the faction or section of such party, which was
moguized as regular by the last preceding state convention of such
paddy; or, where no such convention has been held within the year, by
nam
762
APPENDIX I.
the proper officer of the faction or section of said party which, at the time
of the filing of said list, is recognized as regular by the state committee
of such party which was organized by or pursuant to the direction of the
last preceding state convention of such party. All persons so proposed
for appointment may be examined as to their qualifications by or under
the direction of the board or officer charged with the duty of making the
appointment; and if found duly qualified they shall be appointed to the
respective positions for which they are recommended. If any of them
are found disqualified, notice in writing of that fact shall be promptly
given to the person or persons by whom the list embracing their names
was authenticated, and the vacancy shall be filled by the appointment of
a qualified person named in the supplemental list of party representatives
heretofore provided for. If either party entitled to propose election
officers, as herein provided, shall fail to authenticate and file such lists
on or before the first day of August, or if any of the persons named
therein shall be found disqualified, and if no supplemental list be filed, as
lierein provided, or if, one or more persons named in such supplemental
list be found disqualified, then such board or officer shall, if necessary,
proceed to select in such manner as may seem to them or him feasible
from the members of the party or parties in default, or whose nominees
have been found disqualified, and shall appoint suitable persons to act as
eiection officers. In The City of New York the members of the board
charged with the duty of appointing election officers, who represent the
sume political party, shall have the exclusive right and be charged with
the exclusive duty of selecting from the lists submitted, or in lieu of per-
sons named on such list who shall have been found disqualified, the mem-
bers of such party who are to be appointed as election officers. Every
person appointed as an election officer shall, within five days after notice
of his appointment, take and subscribe the constitutional and statutory
oaths of office, which shall be administered, if in The City of New York,
ky the superintendent of elections or by the chief of the branch bureau of
elections in the borough in which they are appointed to serve, or the chief
clerk, or assistant clerk of such bureau designated by the police board to
perform such duty; and if in any other city, by the mayor thereof, or by
any person or persons designated by him for that purpose; and all of said
cflicers, and every clerk or person so designated by them or him for that
purpose, shall be and is hereby authorized and empowered to administer
such oaths. Every person so sworn as an election officer shall receive
a certificate of appointment and qualification, signed by the person who
administered the oath, in such form as may be approved by the board or
officer by which or whom he was appointed, and specifying the capacity
and the election district in which he is to serve, and the date of the
expiration of his term of office. Any election officer so appointed may be
removed for cause, by the board or mayor making the appointment, u
which case such removal, unless made while such officer is actually
duty on the day of registration, revision of registration or election, ade
for improper conduct as an election officer, shall only be made at
potice in writing to the officer to be removed, which notice shall set fortu.
clearly and distinctly the reason for his removal. The said board
police may delegate to the superintendent of elections of The City of Ne"
York, and to the chief of a branch bureau of elections, the power
after
rd of
r
to
APPENDIX I.
763
remove election officers for cause, on any day of registration or election.
Any election officer who shall at any time be appointed to fill a vacancy,
which fact shall be stated in the certificate of appointment, shall hold
office only during the unexpired term of his predecessor, and provided
that no election officer shall be transferred from one election district to
another after he has entered upon the performance of his duties. The
chairman of cach board of inspectors of each election district shall, within
twenty-four hours after any election, furnish to the mayor or board
appointing such officers, if required so to do by such mayor or board,
under his hand, a certificate stating the number of days of actual service
of each member of such board, the names of the persons who served as
poll clerks and ballot clerks on election day, and the number of days
during which the store or building hired for registration and election
purposes was actually used for such purposes. Any person acting as such
chairman, who shall willfully make a false certificate, shall be deemed
guilty of a misdemeanor. Every person appointed as an election officer,
failing to take and subscribe the oath of office as hereinbefore provided,
or who shall willfully neglect or refuse to discharge the duties to which
he was appointed, shall, in addition to the other penalties prescribed by
law, be liable to a fine of one hundred dollars, to be sued for and recov-
ered by the mayor or board making the appointment in a court of record,
for the use and benefit of the treasury of such city. Any election officer
who, being removed for cause, shall fail upon demand to deliver over to
his successor the register of electors, or any tally sheets, book, paper,
memorandum or document relating to the election in his possession, so
far as he has made it, shall be liable to a like penalty to be recovered in
a like manner for the benefit of such city. All persons appointed and
serving as election officers on each of the days of registration and of elec-
tion and of canvass of the votes in cities of the first class shall be exempt
from jury duty for one year from the date of the general election at
which they serve.
§ 6. Section eighteen of said act is hereby amended so as to read as
follows:
Payment of election expenses.
§ 18. The expense of providing polling places, voting booths, supplies
therefor, guard rails and other furniture of the polling place, and dis-
tance markers, and the compensation of the election officers in each elec-
tion district, shall be a charge upon the town or city in which such elec-
tion district is situated except that such expenses incurred for the pur-
pose of conducting a village election, not held at the same time as
a general election, shall be a charge upon the village. The expense of
printing and delivering the official ballots, sample ballots and cards of
instruction, poll books, tally sheets, return sheets for inspectors and
ballot clerks, and distance markers to be used at a town meeting, city or
Village elections not held at the same time as a general election, and of
printing the list of nominations therefor shall be a charge upon the town,
city or village in which the election is held. The expense of printing and
elivering the official ballots, sample ballots and cards of instruction, poll
books, tally sheets, return sheets for inspectors and ballot clerks, and dis-
ance markers to be used in any county, except such counties or portions
deli
764
APPENDIX I.
thereof as are included within The City of New York, at any other elec-
tion, if no town meeting, city or village election be held at the same time
therewith, and of printing the lists of nominations therefor, shall be
a charge upon such county. The expense of printing and delivering the
otiicial kallots, sample ballots and cards of instruction, poll books, tally
sheets, return sheets for inspectors and ballot clerks and distance markers.
to be used in any such county at any such other election, and of printing
the lists of nominations therefor, if the town meeting, city or village elec-
tion be held in such county at the same time therewith, shall be appor-
tioned by the county clerk between such town, city or village and such
county, in the proportion of the number of candidates for town, city or
village officers on such ballots, respectively, to the whole number of can-
didates thereon, and the amount of such expense so apportioned to each
such municipality shall be a charge thereon. All expenses relating to or
connected with elections lawfully incurred by the police board of The
City of New York, shall be a charge on such city, and after being audited
by the proper officer, shall be paid by the comptroller of said city upon the
certificate of such board. The county clerk of each county, not salaried,
shall be paid by such county a reasonable compensation for his services
in carrying out the provisions of this chapter, to be fixed by the board of
supervisors of the county, or the board acting as such board of super-
visors. The town clerk of each town shall be paid by such town a reason-
able compensation for his services in carrying out the provisions of this
chapter, to be fixed by the other members of the town board of the town,
Ballot clerks, and persons acting as such, shall receive the same compen-
sation for their attendance at an election, as inspectors of election for the
election, and be paid in like manner. Poll clerks shall receive the same
compensation for their attendance at an election and canvass of the votes
as inspectors of election and shall be paid in like manner. An inspector
of election, except in The City of New York, lawfully required to file
papers in the county clerk's office, shall, unless he resides in the city or
town in which such office is situated, be entitled to receive as compen-
sation therefor five dollars, and also four cents a mile for every mile
actually and necessarily traveled between his residence and such county
clerk's office in going to and returning from such office. In cities of the
first class, the persons appointed and serving as inspectors of election
shall receive five dollars for the hours fixed by law for each day of regis-
tration, and of revision of registration for a special election, and five
dollars for the hours fixed by law for the election, and five dollars for the
canvass and return of the votes. The poll clerks in such city shall each
receive the same compensation as inspectors for the election and for the
canvass of the votes, and the ballot clerks shall receive five dollars each.
Such officers shall be paid by the.comptroller of the respective cities upon
the certificate of the board appointing them.
8 7. Section nineteen of said act is hereby amended so as to read as
follows:
Delivery of erection laws to clerks, boards and election officers.
§ 19. The secretary of state shall at least sixty days before each gen-
eral election held after this act takes effect cause to be prepared a com
pilation of all the laws relating to elections in cities, towns, and villages
APPENDIX I.
765
then in force with annotations and explanatory notes and blank forms,
properly indexed, and shall procure the same to be printed wherever he
deems it desirable for the best interests of the state, and transmit to the
county clerk of each county, except New York, Kings and Richmond
counties, and to the superintendent of elections located in the borough of
Manhattan and to the chief of the branch bureau of elections in each
other borough of The City of New York a sufficient number of copies
thereof to furnish one such copy to the county clerk and to said superin-
tendent and to each of said chiefs of bureaus of elections, and one to each
town, village and city clerk and to each election officer in such county
and said boroughs, together with such number of extra copies as may
in his judgment be necessary to replace lost or mutilated copies before
delivery thereof to election officers. The county clerk of each county,
except those counties the whole of which are included within The City of
New York shall forthwith transmit one of such copies to each of such
officers in such county, and not in The City of New York, and said super-
intendent and the chief of each branch bureau of elections in the bor-
oughs of The City of New York shall forthwith transmit one of such
copies to each such officer in his borough. Each copy so received by each
such officer shall belong to the office of the person receiving it. Every
incumbent of the office shall preserve such copy during his term of office,
and upon the expiration of his term or removal from office deliver it to
his successor.
§ 8. Subdivision three of section thirty-two of said act is hereby
amended so as to read as follows:
Subdivision 3. In cities of the first and second classes, the board of
inspectors of each election district shall, immediately after the close of
each day of registration, make and complete one list of all persons
enrolled in their respective districts, in the numerical order of the street
numbers thereof which list shall be signed and certified by the board of
inspectors. Such list shall be delivered by the chairman of the board of
inspectors to the police captain of the precinct in which the election dis-
trict is located, or an officer thereof, who shall iorthwith deliver the same,
if in The City of New York, to the superintendent of elections as to each
eiection district in the borough of Manhattan, and to the chief of the
branch bureau of elections of each other borough in which the election
district is located, and if in any other of the cities of the first or second
class, to the city clerk. The police board of The City of New York and the
city clerk of other cities of the first and second class shall, as soon as pos-
sible after the delivery of such lists, and before the day of election, print in
pamphlet form for each assembly district or ward within such respective
cities not less than fifty times as many copies of said lists as there are
election districts in such assembly district or ward, so that each assembly
trict or ward pamphlet shall contain the lists of the several election
districts in such assembly district or ward. Upon the written application
of the chairman of the executive committee of the county committee of
any political party entitled to a separate column upon the official ballot
De voted in such city at the election for which the registration is made,
de said police board and said city clerk shall respectively deliver to such
distric
to ho
the
dirman five copies of each assembly district or ward pamphlets for each
Lection district within such assembly district or ward in such county.
chair
766
APPENDIX I.
Two pamphlets containing the lists of the registered persons in the
election districts within his precinct shall be furnished to each police
captain in such cities, and it shall be the duty of such police captains to
cause an investigation of each name registered therein to be made and to
report to his commanding officer any case of false registrativn found in
lus precinct. The remaining pamphlets so printed shall be distributed in
the discretion of the said police board and said city clerk, who shall have
respectively the power to charge for each pamphlet a sum not exceeding
ten cents a copy and any moneys resulting from the sale thereof shall be
paid to the comptroller of the city for the benefit of the treasury of such
city. Such. lists shall be made and printed as near as may be in the fol-
lowing form, to wit:
GRAND STREET.
Residence number
or other designation
Name of voter.
Smith, John M.
15.
Jones, Charles M.
14.
§ 9. Subdivision two of section thirty-five of said act is hereby
amended so as to read as follows:
Subdivision 2. The register of electors made by the chairman of the
board of inspectors shall be, and shall be known, as the public copy of
registration. Such public copy shall be left in a permanent position in
the place of registration from the first day of registration until election
day, and shall at all reasonable times be open to public inspection and
for making copies thereof. Each other inspector shall carefully preserve
his register of electors and shall be responsible therefor, until the close
of the canvass of the votes on election day, except as hereinafter pro-
vided for in cities of the first class. At the close of each day of registra-
tion, the inspectors shall draw a line in ink immediately below the name
of the elector last entered upon each page of each such register. Upon
the succeeding day of registration, they shall enter the names of electors
in the alphabetical order of the first letter of the surname below the line
so drawn upon the proper page after the close of the previous day of
registration. Upon the close of the last day of registration, the inspectors
shall again carefully compare all the books of registration, to see that
they are identical as to their contents, and (after making and completing
the separate list of the electors in cities of the first class, as provided in
subdivision three of section thirty-two of the election law) shall certify
as a board in the proper place provided therefor upon each such register
that such register is a true and correct register of the persons enrolled by
them in such district for the next ensuing election, and shall state the
whole number of such persons so'enrolled. In cities of the first class, ab
the close of the last day of registration, the chairman of the board 01
inspectors shall take from an inspector of opposite political faith from
himself, the register of electors made by such inspector, and shall file the
same on the Monday after the last day of registration, if in The City,
New York, with the superintendent of elections in the borough of Mau
hattan and with the chief of the branch bureau of elections of each ot.
borough in which the election district is located, and if in the city
Buffalo with the city clerk. Such register so filed, shall be a part of the
APPENDIX I.
767
records of the offices in which it is filed. The two other inspectors of
opposite political faith from each other shall each retain their respective
registers of electors for use on election day. All registers of electors shall
at all reasonable hours be accessible for public examinations and making
copies thereof, and no charge of any kind shall be made for such exami-
nation or for any elector making a copy thereof. In cities of the first class
the public copy of registration shall be used, if necessary, on election day
by the inspector whose register was filed as herein provided by said chair-
inan. Any person who shall alter, mutilate, destroy or remove from the
place of registration the public copy of such registration, shall be guilty
of a felony, and shall be punished upon conviction thereof by imprison-
ment in a state prison for not less than two nor more than five years,
unless otherwise provided by law. If, in cities of the first class, the board
of inspectors shall meet on the second Saturday before the election for
the purpose of revising and correcting the register of electors in pur-
suance of an order of the supreme court, a justice thereof or a county
judge, as provided in section thirty-one of the election law, the inspectors
shall certify forthwith to the officer with whom the copy of the register
is filed, the change or changes made upon such register in pursuance of
such order. At any revision of registration for an election other than
a general election, the quadruplicate register of electors for the last pre-
ceding general election shall be furnished to the inspectors of election by
the officer or board having the custody thereof, and the inspectors shall
certify to the officer or board in cities of the first class with whom the
l'egisters are filed, the changes, additions or alterations llade in such
registers for such election. In the cities of the first class at the close of
the canvass of the votes of any election, or within twenty-four hours
thereafter the two copies of the register of electors used by the inspectors
and the public copy thereof shall be filed respectively with the superin-
tendent of elections in the borough of Manhattan and with the chief of the
branch bureau of elections in each other borough of The City of New
York, in which the election district is located, and with the city clerk of
Buffalo. In all election districts other than in cities of the first class, one
copy of the register used on election day by the inspectors shall within
twenty-four hours after the close of the election be filed in the office of
the town or city clerk of the town or city in which such election district
is, and the other copies with the county clerk. Such register of electors
shall be carefully preserved for use at any election which may be ordered
or held in either of such counties or cities, respectively, prior to the next
ensuing general election, at which they may be required.
§ 10. Subdivision one of section thirty-six of said act is hereby amended
so as to read as follows:
blan
Delivery of blank books for registration, certificates and instructions.
936. Subdivision 1. The secretary of state shall purchase wherever he
deems it desirable for the best interests of the state, a suitable number of
ank books for register of electors, with blank certificates and brief
tructions for registering the names of electors therein, in the forms
respectively provided in subdivisions one and two of section thirty-two of
e election law, at least four of such books for each board of inspectors
the state, and such number of extra copies thereof as in his judgment
768
APPENDIX I.
may be necessary for each county or city to replace lost or damaged
registers before delivery to the inspectors. Such register of electors shall
have the leaves thereof indexed with the letters of the alphabet, begin-
ning with the letter “A” for the first leaf, and so on. He shall transmit
such registers, certificates and instructions to the county clerk of each
county, except those counties the whole of which are included within The
City of New York; to each such county clerk a sufficient number thereof
for the use of the boards of inspectors within his county and not within
The City of New York, and to the superintendent of elections of The City
of New York, located in the borough of Manhattan, and to the chief of
the branch bureau of elections in each other borough within The City of
New York a sufficient number thereof for the use of each board of
inspectors within said respective boroughs at least twenty days prior to
the first day of registration for a general election in each year. The
county clerk shall deliver such books to the town clerks of each town, and
to the city clerk of each city in such county, by mail or otherwise, at least
five days prior to the first day of registration, and such town clerks and
city clerks, and the said superintendent and chiefs of bureaus of elections
in The City of New York shall deliver such books to the inspectors of said
boroughs, respectively, before the hour set for registering the names of
electors on the first day of registration. On each day of registration,
the police board of The City of New York, and the city clerk of Buffalo
shall furnish to each board of inspectors in their respective cities, blanks
for the list of electors provided for in subdivision three of section thirty-
two of the election law.
§ 11. Section fifty-eight of said act is hereby amended so as to read as
follows:
ni
Places of filing certificates of nomination.
§ 58. Certificates of nomination of candidates for office to be filled by
the electors of the entire state, or of any division or district greater than
a county, shall be filed with the secretary of state, except that each cer-
tificate of nomination of a candidate for member of assembly for the
assembly district composing the counties of Fulton and Hamilton, shall
be filed in the office of the county clerk of Fulton county, and a copy
thereof certified by the county clerk of Fulton county, shall be filed in the
office of the county clerk of Hamilton county, so long as the said coun-
ties constitute one assembly district, and except that certificates of nomi-
nation of candidates for offices to be filled only by the electors or
a portion of the electors of The City of New York shall be filed with the
police board of The City of New York, in the office of the superintendent
of elections. Certificates of nomination of candidates for offices to be
filled only by the votes of electors, part of whom are of New York City,
and part of whom are of a county not wholly within The City of New
York shall be filed with the clerk of such county and in the office of the
superintendent of elections and with the police board of said city. CE
tificates of nomination of candidates for offices of any other citý; or 10!
offices of a village or town to be elected at a different time from a general
election, shall be filed with the clerk of such city, village or town, respe,
tively. All other certificates of nomination shall be filed with the che
of the county in which the candidates so nominated are to be voted to
w
To
APPENDIX I.
769
All certificates and corrected certificates of nomination, all objections to
such certificates and all declination of nominations are hereby declared
to be public records; and it shall be the duty of every officer or board to
exhibit without delay, every such paper or papers to any person who shall
request to see the same. It shall also be the duty of each such officer or
board to keep a book which shall be open to public inspection, in which
shall be correctly recorded the names of all candidates nominated by
certificates filed in the office of such officer or board, or certified thereto,
the title of the office for which any such nomination is made, the political
or other name and emblem of the political party or independent body
making such nomination; and in which shall also be stated all declina-
tions of nominations or objections to nominations, and the time of filing
each of the said papers.
$ 12. Section fifty-nine of said act is hereby amended so as to read as
follows:
The times of filing certificates of nomination.
$ 59. The different certificates of nomination shall be filed within the
following periods before the election for which the nominations are
made, to wit: Those required to be filed with the secretary of state, if
party nominations, at least thirty and not more than forty days; if inde-
pendent nominations, at least twenty-five and not more than forty days;
those required to be filed with a county clerk, or the police board of
The City of New York, or with the city clerk of any other city, if party
nominations, at least twenty-five and not more than thirty-five days; if
independent nominations, at least twenty, and not more than thirty-five
days; those required to be filed with a town or village clerk, if party
nominations, at least fifteen and not more than twenty days; if inde-
pendent nominations, at least ten and not more than twenty days. In
case of a special election ordered by the governor under the provisions of
section four of the election law, the certificates of nominations for the
office or offices to be filled at such special election shall be filed with the
proper officer or board not less than fifteen days before such special
election.
§ 13. Section sixty of said act is hereby amended so as to read as
follows:
Certification of nominations by secretary of state.
$ 60. The secretary of state shall, fourteen days before the election,
certify to the county clerk of each county, except those counties the
Whole of which are within The City of New York, and to the police board
of The City of New York, the name, residence and place of business, if
any; of each candidate nominated in any certificate so filed for whom the
Electors of any such county or said city, respectively, may vote, the title
of the office for which he is nominated, the party or other political name
specified in such certificate, and the emblem or device chosen to represent
all. distinguish the candidates of the political party or independent body
making such nominations.
$ 14. Section sixty-one of said act is hereby amended so as to read as
follows:
49
770
APPENDIX I.
Publication of nominations.
§ 61. At least six days before an election to fill any public office, the
county clerk of each county, except those counties which are wholly
within The City of New York, shall cause to be published in not less than
two or more than four newspapers within such county, a list of all nomi-
nations of candidates for offices to be filled at such election, certified to
such clerk by the secretary of state, or filed in the office of such clerk.
The police board of The City of New York shall, within the same time
before an election to fill any public office, cause to be published in not
less than two, nor more than four newspapers published in each county
wholly or partly within such city a list of the nominations of candidates
for offices to be voted for at such election in such counties respectively,
which were certified to such board by the secretary of state, or filed in
the office of such board; except that in the borough of Brooklyn such pub-
lications shall be made in the newspapers designated to publish corpora-
tion notices therein. Such publication shall contain the name and
residence, and if in a city, the street number of the residence and place
of business, if any, and the party or other designation of each candidate,
the office for which he was nominated, specifying the political division
in which he is to be voted for, and a fac-simile of the emblems or devices
selected and designated as prescribed by the fifty-sixth and fifty-seventh
sections of this act, to represent and distinguish the candidates of the
several political parties or independent bodies. The city clerk of each
city, except New York, and the police board in said city, shall at least six
days before an election of city officers thereof, held at a different time
from a general election, cause like publication to be made as to candi-
dates for offices to be filled at such city election in a like number of
newspapers published in said city. One of such publications shall be
made in a newspaper which advocates the principles of the political
party that, at the last preceding election for governor, cast the largest
number of votes in the state for such office; and another of such publica-
tions shall be made in a newspaper which advocates the principles of the
political party that at the last preceding election for governor cast the
next largest number of votes in the state for such office. The clerk or
board, in selecting the papers for such publications, shall select those
which, according to the best information he can obtain, have a large cir-
culation within such county or city. In making additional publications,
the clerk or board shall keep in view the object of giving information, so
far as possible, to the voters of all political parties, and in no event shall
additional publications be made in two newspapers representing the
same political party. The clerk or board shall make such publication
twice in each newspaper so selected in a county or city in which da
newspapers are published; but if there be no daily newspaper publishe
within the county, one publication only shall be made in each of st
newspapers. Should the county clerk' find it impracticable to make u
publication six days before election day in counties where no daily news
paper is printed, he shall make the same at the earliest possible way
thereafter, and before the election.
See L. 1897, ch. 608, amending $ 61 of L. 1896, ch. 909.
$ 15. Section sixty-two of said act is hereby amended so as to rea
follows:
the
APPENDIX I.
771
Lists for town clerks and aldermen.
§ 62. The county clerk of each county, except those counties which
are wholly within The City of New York, shall at least six days before
election day, send to the town clerk of each town, and to an alderman
of each ward in any city in the county, at least five and not more than
ten printed lists for each election district in such town or ward, .con-
taining the name and residence, and if in a city, the street number of
residence, and place of business, if any, and the party or other designa-
tion, and also a fac-simile of the emblem or device of each political
party, or independent body nominating candidates to be voted for by the
electors of the respective towns and wards. Such lists shall, at least
three days before the day of election, be conspicuously posted by such
town clerk or alderman in one or more public places in each election
district of such town or ward, one of which shall be at each polling place.
f 16. Section sixty-four of said act is hereby amended so as to read as
follows:
Declination of nomination.
§ 64. The name of a person nominated for any office shall not be
printed on the official ballot if he notifies the officer with whom the
original certificate of his nomination is filed, in a writing signed by him
and duly acknowledged, that he declines the nomination, or if nomi-
nated by more than one political party, or independent body, the name
of a person so nominated shall not be printed on the tickct of a party
or independent body whose nomination he shall in like manner decline.
If the declination be of a party nomination filed with the secretary of
state, such notification shall be given at least twenty-five days, and if an
independent nomination, at least twenty days before the election. If
the declination be of a party nomination filed with a county clerk or the
police board of The City of New York, or with the city clerk of any other
city, such notification shall be given at least twenty days, and if of an
independent nomination, at least eighteen days before the election. If
the declination be of a party nomination filed with a town or village
clerk, such notification shall be given at least ten days, and if of an
· independent nomination, at least seven days before the election. The
officer to whom such notification is given shall forthwith inform by mail
or otherwise, the committee, if any, appointed on the face of such cer-
tificate as permitted by sections fifty-six and fifty-seven of this act, and
otherwise one or more persons whose names are attached to such cer-
bificate, that the nomination conferred by such certificate has been
declined, and if such declination be filed with the secretary of state,
Such officer shall also give immediate notice by mail or otherwise, that
such nomination has been declined, to the several county clerks or other
omcers, authorized by law to prepare official ballots for election districts
affected by such declination.
$ 17. Subdivision one of section sixty-six of said act is hereby amended
so as to read as follows:
Aling vacancies in nominations, and correction of certificate.
$66. Subdivision 1. If a nomination is duly declined, or a candidate
degularly nominated dies before election day, or is found to be disquali-
772
APPENDIX I.
fied to hold the office for which he is nominated, or if any certificate of
nomination is found to be defective but not wholly void, the committee
appointed on the face of such certificate of nomination, as permitted by
sections fifty-six and fifty-seven of this act, may make a new nomination
to fill the vacancy so created, or may supply such defect, as the case may
be, by making and filing with the proper officer a certificate setting forth
the cause of the vacancy or the nature of the defect, the name of the
new candidate, the title of the office for which he is ncminated, the name
of the original candidate, the name of the political party or other nomi-
nating body which was inscribed on the original certificate, and such
further information as is required to be given by an original certificate
of nomination; except that where a certificate is filed pursuant to this
section to fill a vacancy it shall not be lawful to select a new emblem
or device, but the emblem or device chosen to represent or distinguish
the candidate nominated by the original certificate shall be used
to represent and distinguish the candidate nominated, as pro-
vided by this section. The certificate so made shall be sub-
scribed and acknowledged by a majority of the members of
the committee, and the members of the committee subscribing
the same shall make oath before the officer or officers before whom they
shall severally acknowledge the execution of the said certificate that the
matters therein stated are true to the best of their information and
belief. Except in a case as provided for in subdivision two of this sec-
tion, the said certificate shall be filed in the office in which the original
certificate was filed, at least six days before the election, if filed in the
office of a town or village clerk; at least fifteen days before the election if
filed with the county clerk or the. police board of The City of New York,
or the city clerk of any other city; and at least fifteen days if filed with
the secretary of state, and upon being so filed shall have the same force
and effect as an original certificate of nomination. When such certificate
is filed with the secretary of state he shall, in certifying the nomination
to the various county clerks and other officers, insert the name of the
person who has been nominated as prescribed by this section, instead
of that of the candidate nominated by the original certificate, or, if he
has already sent forward his certificate, he shall forthwith certify to the
proper clerks and other officer, the name of the person nominated as pre-
scribed by this section, and such other facts as are required to be stated
in a certificate filed pursuant to this section. When no nomination shall
have been originally made by a political party, or by an independent
body for an office, or where a vacancy shall exist, it shall not be lawful
for any committee of such party or independent body authorized to make
nominations, or to fill vacancies, to nominate or substitute the name of
a candidate of another party, or independent body for such office; ?"
being the intention of this act that when a candidate of one party is
nominated and placed on the ticket of another party or independen
body, such nomination must be made at the time and in the manner pro,
vided for making original nominations by such party or independent
body.
§ 18. Section eighty-six of said act is hereby amended so as to read as
follows:
ful
APPENDIX I.
773
Officers providing ballots and stationery.
8 86. The clerk of each county, except those counties the whole of
which are within The City of New York, shall provide the requisite num-
ber of official and sample ballots, cards of instruction, two poll books,
distance markers, two tally sheets, inspectors' and ballot clerks' return
sheets (three of each kind, and one of each to be marked "original”),
pens, penholders, ink, pencils having black lead, blotting paper, sealing
wax and such other articles of stationery as may be necessary for the
proper conduct of the election, and the canvass of the votes, for each
election district in such county, and not within The City of New York,
for each election to be held thereat, except that when town meetings,
city or village elections and elections for school officers are not held at
the same time as a general election the clerk of such town, city or vil-
lage, respectively, shall provide such official and sample ballots and sta-
tionery for such election or town meeting. And the police board of The
City of New York shall provide such articles for each election to be held
in said city. Each officer or board charged with the duty of providing
official ballots for any polling place shall have sample ballots and official
ballots provided, and in the possession of such officer or board, and open
to public inspection as follows: The sample ballots five days before the
election, and the official ballots four days before the election for which
they are prepared unless prepared for a village election or town meeting
held at a different time from a general election, in which case the official
ballot shall be so printed and in possession at least one day, and the sam-
ple ballots at least two days before such election or town meeting. Dur-
ing the times within which the same are open for inspection as aforesaid,
it shall be the duty of the officer or board charged by law with the duty of
preparing the same, to deliver a sample ballot of the kind to be voted in
his district to each qualified elector who shall apply therefor, so that
tach elector who may desire the same may obtain a sample ballot, similar
except as regards color and the number on the stub, to the official ballot
to be voted at the polling place at which he is entitled to vote.
§ 19. Section eighty-seven of said act is hereby amended so as to read as
follows:
Distribution of ballots and stationery.
§ 87. The county clerk of each county except those counties which
are wholly within The City of New York shall deliver at his office to each
town or city clerk in such county, except in New York City, on the Sat-
urday before the election at which they may be voted, the official and
sample ballots, cards of instructions and other stationery required to be
provided for each polling place in such town or city for such election.
hereby made the duty of each such town or city clerk to call at
office of such county clerk at such time and receive such ballots and
avionery. In The City of New York the board required to provide such
lots and stationery shall cause them to be delivered to the board of
spectors of each election district at least one-half hour before the
Opening of the polls on each day of election. Each kind of official bal-
shall be arranged in a package in the consecutive order of the num-
vers printed on the stubs thereof, beginning with number one. All
cial and sample ballots provided for such election shall be in separate
stat
ballots
lo
774
APPENDIX I.
sealed packages, clearly marked on the outside thereof with the number
and kind of ballots contained therein and indorsed with the designation
of the election district for which they were prepared. The instruction
cards and other stationery provided for each election district shall also
be inclosed in a sealed package or packages with a label on the outside
thereof showing the contents of each such package. Each such town and
city clerk receiving such packages shall cause all such packages so re-
ceived and marked for any election district to be delivered unopened and
with the seals thereof unbroken to the inspectors of election of such elec-
tion district one-half hour before the opening of the polls of such election
district therein. The inspectors of election receiving such package shall
give to such town or city clerk, or board, delivering such packages
a receipt therefor specifying the number and kind of packages received
by them, which receipt shall be filed in the office of such clerk or board.
Town, city and village clerks required to provide the same for town
meetings, city and village elections held at different times from a general
election, and the board of The City of New York required to provide the
same for elections held therein, respectively, shall in like manner, deliver
to the inspectors or presiding officers of the election at each pollini place
at which such meetings and elections are held, respectively, the official
ballots, sample ballots, instruction cards and other stationery required
for such election or town meeting, respectively, in like sealed packages
marked on the outside in like manner, and shall take and file receipts
therefor in like manner in their respective offices.
§ 20. Section one hundred and thirteen of said act is hereby amended
so as to read as follows:
Delivery and filing of papers relating to the election.
§ 113. Subdivision 1. If the election be other than an election of town,
city, village or school officers, held at a different time from a general
election, the chairman of the board of inspectors of each election dis-
trict, except in The City of New York, shall forthwith upon the comple-
tion of such certified original statement of the result, deliver one cer-
tified copy thereof to the supervisor of the town in which the election,
if outside of a city, is situated, and if in a city, to one of the supervisors of
said city. If there be no supervisor, or he be absent or unable to attend
the meeting of the county board of canvassers, such certified copy shall
be forthwith delivered to an assessor of such town or city. One certified
copy of such original statement of the result of the canvass, the poll
books of such election, and one of the tally sheets, shall be forthwith
filed by such inspectors, or by one of them deputed for that purpose,
with the town clerk of such town, or the city clerk of such city, as the
case may be. The original certified statement of the result of the can.
vass, with the original ballot returned, prepared by the ballot CIC
attached, the sealed package of void and protested ballots, the red
as to challenged and assisted voters, and the sealed packages of detach.
stubs and unvoted ballots, and one of the tally sheets shall, within twer
four hours after the completion of such canvass, be filed by the
man of the board of inspectors, with the county clerk of the county
which the election district is situated. The register of electors -
public copy thereof shall be filed as prescribed in section thirty-five u
this act.
ord
of
APPENDIX I.
775
Subdivision 2. In The City of New York the original statement of can-
vass and the sealed package of void and protested ballots shall be filed by
the chairman of the board of inspectors within twenty-four hours
after the completion of the canvass with the county clerk of the
county within which the election district is located together with one
of the poll books and one of the tally sheets, properly certified by the
poll clerks. One certified copy of such original statement, one poll book
and one tally sheet shall be filed within such time with the superin-
tendent of elections and with the chief of the branch bureau of elections,
as the case may be, in the borough within which the election district is
located by an inspector designated by the board of inspectors for that
duty, and the other certified copy of such original statement with the
city clerk, by an inspector designated by the board of inspectors for that
duty. In election districts in The City of New York, the boards of
inspectors of election must, at the same time they make and sign the
aforesaid original statement and certified copies thereof, make a certified
copy of so much thereof as relates to any candidate for member of
assembly, senator or representative in congress, voted for in said election
district, and also in any part of any county not within The City of New
York, and such certified copy must, within twenty-four hours after the
completion of the canvass by the inspectors, be filed by the chairman of
the board of inspectors, with the clerk of the county outside of The City
of New York of which such officers or any of them are voted for at such
election. The sealed packages of detached stubs, and ballots not used at
the election shall, in The City of New York, be given by the inspectors to
the police board, which shall return them to the bureau of elections of the
borough within which the election district is located. All such packages
of detached stubs and unused ballots shall be preserved inviolate in the
cffice in which they are filed, for a period of six months froin the time of
filing thereof, and may be opened and examined upon the order of the
supreme court or a justice thereof, or a county judge within such
county, and at the expiration of such time may be disposed of in the
discretion of the officer or board having custody of the same.
$ 21. Section one hundred and thirty of said act is hereby amended so
as to read as follows:
Organization of county board of canvassers.
$ 130. The board of supervisors of each county shall be the county
board of canvassers of such county. The county board of canvassers of
the counties wholly or partly within The City of New York shall be the
city board of canvassers of The City of New York within their respective
counties. The county boards of canvassers of the respective counties
shall meet at the office of the county clerk thereof on the Tuesday next
diter each election of public officers held in such county other than elec-
lion of town, city, village or district school officers held at a different
e from a general election. Upon such meeting they shall choose one
their number chairman of such board. Such county clerk, or if he
absent or unable to act, the deputy county clerk of such county, shall
the secretary of such board. The secretary of the board shall there-
pon administer the constitutional oath of office to the chairman of the
voard, who shall then administer such oath to each member, and to the
tima
776
APPENDIX I.
secretary of the board. A majority of the members of any board of can-
vassers shall constitute a quorum thereof. If, on the day fixed for such
meeting, a majority of any such board shall not attend, the members of
the board then present shall elect the chairman of the board and
adjourn to some convenient hour of the next day. If such board, or
a majority thereof, shall fail or neglect to meet within two days after the
time fixed for organizing such board, the supreme court, or any justice
thereof, or county judge within such county, may compel the members
thereof by writ of mandamus to meet and organize forthwith.
$ 22. Section one hundred and thirty-one of said act is hereby amended
so as to read as follows:
Production of original statements and copies thereof.
$ 131. As soon as such board of county canvassers shall have been
organized, the officer with which they were filed, shall deliver to such
board of canvassers all the original statements of canvass received from
inspectors of election for districts within the county for which said
board are county or city canvassers. The copies of the original state-
ments which have been delivered to members of the board of assessors
shall then be delivered to the board. If any member of the county board
of canvassers shall be unable to attend the first meeting of such board, he
shall, at or before such meeting, cause to be delivered to the secretary
of such board all such copies of original statements delivered to him,
and any original statement that may come into his possession. If, at
the first meeting of a county board of canvassers of any county, all such
original statements of the result of the canvass of the votes cast at such
election in all the election districts in the county shall not be produced
before the board, it shall adjourn to some convenient hour of the same
or the next day, and the secretary of such board shall, by special
messenger or otherwise, obtain such missing original statements, if pos-
sible, otherwise he shall procure one of the certified copies thereof in
time to be produced before such board at its next meeting. At such
first meeting, or as soon as an original statement of the result of the
canvass of the votes cast at such eléction in every election district of the
county shall be produced before such board, or a copy thereof, in case:
the original cannot be produced, the board shall, from such original
statements and certified copies, proceed to canvass the votes cast in such
county at such election.
§ 23. Section one hundred and thirty-five of said act is hereby amended
so as to read as follows:
Statements of canvass by county boards.
§ 135. Upon the completion by a county board of canvassers, of the can-
vass of votes of which original statements of canvass, or certified copies
thereof, are by law required to be delivered to them, by the boards º
officers with whom the same may have been filed by the inspectors -
election, they shall make separate statements thereof as follows: -
1. One statement of all such votes cast for each office of elector of pios
ident and vice-president of the United States.
2. One statement of all such votes cast for each state officer.
3. One statement of all such votes cast for each office of representa
APPENDIX I.
777
in congress, except that the board of canvassers in the county of New
York shall not make a statement of the votes cast in any election district
iri said county, for any candidate for the office of assemblyman, senator
or representative in congress, the candidates for which were also voted
for by electors in election districts in any county not within The City of
New York.
4. One statement as to all such votes cast upon every proposed constitu-
tional amendment or other proposition or question duly submitted to all
the electors of the state.
5. One statement as to all the votes cast for all and each of the candi-
dates for each office of member of assembly for which the electors of
such county or any portion thereof, except as provided in the paragraph
numbered three in this section, were entitled to vote at such election.
6. One statement as to all the votes cast for each county office, and
office of school commissioner, for which the electors of such county, or
any portion thereof, were entitled to vote at such election, and to be can-
vassed by them.
:7. One statement as to all the votes, if any, so cast upon any proposi-
tion or question upon which only the electors of such county were enti-
tled to vote at such election.
8. In the counties wholly or partly within The City of New York,
the respective county boards shall make a separate statement as to
the votes, if any, so cast upon any proposition or question upon which
only the electors of such city. were entitled to vote at such election
in such county or portion thereof. Each such statement shall set
forth, in words written out at length, all such votes cast for all the
candidates for each such office; and if any such office was to be
filled at such election by the electors of a portion only of such
county all the votes cast for all the candidates for each office in any
such portion of the county, designating by its proper district number or
other appropriate designation, the names of each such candidate and the
number of votes so cast for each, the whole number of votes so cast upon
any proposed constitutional amendment or other proposition or question,
and of all the votes so cast in favor of and against the same respectively.
In the counties wholly or partly within The City of New York the respec-
tive county boards shall make a separate statement of the votes cast for
all the city offices' voted for by the electors of such city or any portion
thereof, within such counties. If, upon such canvass, in any original
Statement or duly certified copy of an original statement of the result of
the canvass of the votes of any election district in such county or city,
there shall be included any ballot indorsed by the inspectors to the effect
at it was objected to as marked for identification, the county and city
boan
oards of canvassers shall add to each statement in which the count-
8 of any such ballot or any portion thereof is included, a statement of
Le Whole number of ballots so indorsed and counted. If, upon such can-
vass, in any original statement or duly certified copy of an original state-
int of the result of the canvass of the votes of any election district
shall be included any ballot indorsed by the inspectors to the effect
It was rejected as void, the county and city boards of canvassers shall
to each statement, a statement of the whole number of ballots so
Esed. The statements required by this section shall each be certified
correct over the signatures of the members of the board, or a majority
tho
ada.
as any
778
APPENDIX I.
of them, and shall be filed and recorded in the office of the county clerk
of such county. When the whole canvass shall be completed, the original
statements of canvass and certified copies used thereat shall be filed in
the office of the secretary of the board. The certified copies of such
original statement of canvass not used at the canvass and the sealed pack-
ages of void and protested ballots shall be retained in the office in which
or by the officer with whom they were filed. The sealed packages of void
and protested ballots shall be retained, inviolate in the office in which
they are filed subject to the order and examination of a court of compe-
tent jurisdiction and may be destroyed at the end of six months from the
time of the completion of such canvass, unless otherwise ordered by
a court of competent jurisdiction.
§ 24. Section one hundred and thirty-six of said act is hereby amended
so as to read as follows:
Decisions of county board as to persons elected.
§ 136. Upon the completion of the statements required by section one
hundred and thirty-five of this act the board of canvassers for each
county shall determine what person has by the greatest number of
votes been so elected to each office of member of assembly to be filled
by the electors of each county for which they are county canvassers if
constituting one assembly district, or in each assembly district therein,
if there be more than one, and each person elected by the greatest num-
ber of votes to each county office of such county to be filled at such elec-
tion, and if there be more than one school commissioner district in such
county, each person elected by the greatest number of votes to the office
of school commissioner to be filled at such election in each such district.
The county clerk of the county of Hamilton shall forthwith transmit to
the county clerk of the county of Fulton, a certified copy of the state-
ment so filed and record it in his office, of the county board of canvassers
of Hamilton county, as to all the votes so cast in Hamilton county for all
the candidates and for each of the candidates for the office of member of
assembly of the assembly district composed of Fulton and Hamilton
counties; and the county clerk of Fulton county shall forthwith deliver
the same to the Fulton county board of canvasers, who shall from such
certified copy, and from their own statement as to the votes so cast for
such office in Fulton county, determine what person was at such election,
elected by the greatest number of votes to such office. Such board of
each county shalí determine whether any proposition or question sub-
mitted to the electors of such county only, has by the greatest number of
votes been adopted or rejected. All such determinations shall be reduced
to writing, and signed by the members of such board, or a majority of
them, and filed and recorded in the office of the county clerk of such
county, who shall cause a copy thereof, and of the statements filed an
recorded in his office, upon which such determination was based, to be
published in accordance with the provisions of sections twenty-one an
twenty-two of the county law. The clerk of each county shall prepare
many certified copies of each certificate of the determination of to
county board of canvassers of such county as there are persons declar.
elected in such certificate, and shall, without delay, transmit such copies
to the persons therein declared to be elected, respectively.
and
and
e as
ared
· APPENDIX I.
779
amended so as to read as follows:
Transmission of statements of county boards to secretary of state and
municipal assembly.
$ 137. Upon the filing in the office of the county clerk of a statement of
the county board of canvassers as to the votes cast for candidates for the
offices of electors of president and vice-president, or as to the votes cast
for candidates for state officers, except member of assembly and for rep-
resentatives in congress, or as to the vote cast on any proposed constitu-
tional amendment or other proposition or question submitted to all the
electors of the state, such county clerk shall forthwith make three certi-
fied copies of each such statement, and, within five days after the filing
thereof in his office, transmit by mail one of such copies to the secretary
of state, one to the governor and one to the comptroller of the state. The
governor and comptroller shall forthwith upon the receipt thereof by them
deliver such certified copies to the secretary of state. If any certified
copy shall not be received by the secretary of state on or before the last
after a special election, he shall dispatch a special messenger to obtain
such certified copy from the county clerk required to transmit the same,
and such county clerk shall immediately upon demand of such messenger
at his office make and deliver such a certified copy to such messenger
who shall, as soon as practicable, deliver it to the secretary of state. The
county clerk of each county shall .transmit to the secretary of state,
within twenty days after a general election, and within ten days after
a special election, a list of the name and residence of each person deter-
mined by the board of county canvassers of such county to be elected
member of assembly, school commissioner, and to any county office; and
on or before the fifteenth day of December in each year a certified copy
of the official canvass of the votes cast in each such county by election
districts at the last preceding general election. The secretary of state
shall obtain from the governor and comptroller such certified copies so
transmitted to them and file the same in his office. Upon the
filing in the office of the county clerk of a county wholly or
partly within The City of New York of a statement of the county board
of canvassers as to the votes cast for candidates for a city office within
such city such county clerk shall forthwith make a certified copy of each
such statement and, within five days after the filing thereof in his office,
deliver in a sealed envelope such certified copy to the clerk of the munici-
pal assembly of The City of New York at his office in the borough of Man-
nattan; on or before the fifteenth day of December in any year in which
there shall have been an election for a city office for which votes were
- cast in such county wholly or partly within The City of New York the
county clerk thereof shall file with the city clerk of such city a certified
copy of the official canvass of the votes cast in such county or portion
mereof by election districts for such city office and such canvass by elec-
con districts shall, as soon as possible thereafter, be published in the
§ 26. The said act is hereby amended by adding thereto the following
section after section one hundred and thirty-seven of said act.
780
APPENDIX I.
Organization and duties of board of canvassers of The City of New
York.
§ 138. The municipal assembly of The City of New York shall be the
board of canvassers of The City of New York of the statements of the
county. board of canvassers of the counties wholly or partly within such
city of the votes cast in such city or any portion thereof for a city office
or upon any proposition or question upon which only electors of such
city were entitled to vote. The members of the municipal assembly shall
meet at the usual place for holding their regular meeting of such body
on the first Monday in December succeeding a general election for a city
office within such city and within thirty days after such special election
and shall organize by selecting one of the members as chairman. The
clerk of the municipal assembly shall be the secretary of such board or
if he be absent or unable to serve his chief deputy shall be the secretary
of such board. The secretary shall thereupon administer to the chairman
the constitutional oath of office and the chairman shall administer such
oath to the members of such board and the secretary thereof.
As soon as such board shall have organized the secretary shall deliver
to such board the certified copies of the statements of the county boards
of canvassers of each county wholly or partly within such city of the
votes cast for candidates for city office within such city and upon any
proposition or question, if any submitted, to the electors of such city only
and the said board shall proceed to canvass such statements. If a certi-
fied copy of any statement of any county board required to be delivered
to said board shall not be delivered prior to the meeting and organization
of said board, it may adjourn such meeting from day, to day not exceed-
ing a term of five days and it shall be the duty of the secretary to pro-
cure from the county clerk of such county the required certified copy of
such statement. Upon the completion of such canvass said board shall
make separate tabulated statements signed by the members of such board
or a majority thereof, and attested by the secretary, of the whole number
of votes cast for all the candidates for each office shown by such certified
statements to have been voted for and of the whole number of votes cast
for each of such candidates, indicating the number of votes cast in each
county for them, and if the voters of not more than one county or portion
of such county were entitled to vote for such candidates, the name and
portion of such county and the name of each candidate, and the determi-
nation of the board of the persons thereby elected to such office by the
greatest number of votes. The said board shall also make a separate simi-
lar tabulated statement of the vote cast upon any proposition or question
submitted at the election to the electors of such city only and shall
include a determination as to whether such proposition or question by
the greatest number of votes has been adopted or rejected. Each such
statement and determination shall be filed and recorded in the office of
the clerk of the municipal assembly and the said board shall cause the
publication of the same in at least two newspapers within such country
wholly within such city and in the City Record. Upon the filing in his
office of such statements and determination the clerk of the municipar
assembly shall issue and transmit by mail or otherwise a certificate o
election to each person shown thereby to be elected, such certificate to be
countersigned by the mayor of The City of New York under the seal 0
The City of New York.
the
APPENDIX I.
781
$ 27. Sections one hundred and thirty-eight, one hundred and thirty-
nine, one hundred and forty and one hundred and forty-one of said act
are hereby renumbered one hundred and thirty-nine, one hundred and
forty, one hundred and forty-one and one hundred and forty-two,
respectively.
$ 28. This act shall take effect on the first day of January in the year
eighteen hundred and ninety-eight.
. CHAPTER 330.
AN ACT to provide for boards of supervisors in counties wholly within
the limits of a city but not comprising the whole of such city, and
defining the powers and duties thereof.
Became a law May 6, 1897, with the approval of the Governor. Passed,
three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do
enact as follows:
SECTION 1. In every county of the state wholly included within the
limits of a city but not comprising the whole of such city, there shall
be a board of supervisors, to be composed of the members of the munic-
ipal assembly, board of aldermen, common council or other legislative
body of such city, who shall be elected as such, and also as supervisors
within the territorial limits of the county.
§ 2. Every such board of supervisors may act as a board of county can-
vassers, and shall, in case the county be entitled to more than one mem-
ber of assembly, have the power of dividing the county into assembly
districts as provided by section five of article three of the constitution.
§ 3. Every such board of supervisors shall have no other or further
powers of local legislation or administration, and shall have no power to
incur any debt.
§ 4. The members of every such board of supervisors shall serve as
such without compensation and without otủer or further compensa-
tion than is received by them as members of the municipal assembly,
board of aldermen, common council or other legislative body of the
city within which the county is included.
§ 5. The term of office of each member of every such board of super-
visors shall be co-extensive with and no longer than his term of office as
member of said municipal assembly, board of aldermen, common council
or other legislative body of the city within which the county is located.
§ 6. All acts and parts of acts heretofore passed by the legislature
which are in any respect in conflict or inconsisteņt with the provisions
hereof or any of them, are hereby repealed.
§ 7. Each and every board of supervisors in existence prior to January
Trst, eighteen hundred and ninety-eight, in any county of the state falling
within the provisions of section one of this act, shall from and after
said January first, eighteen hundred and ninety-eight, be abolished; and
all the rights, powers and duties which by law were vested in any such
ard of supervisors prior to said January first, eighteen hundred and
Whety-eight, are hereby wholly abrogated except as herein provided.
$ 8. This act shall take effect immediately save as otherwise herein
provided.
782
APPENDIX I.
CHAPTER 381.
AN ACT relating to the election of city officers of the City of New York,
as constituted by the Greater New York charter, at the general elec-
tion to be held in November, in the year eighteen hundred and ninety-
seven, and for the canvass and return of the votes thereof, and the
Passed without the acceptance of the city.
Became a law May 6, 1897, with the approval of the Governor. Passed,
three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do
enact as follows:
charged with the execution of the provisions of the election law shall
continue to do and perform such acts as they are required by the election
law to do and perform within The City of New York, as constituted by
the Greater New York charter.
& 2. The provisions of the election law, constituting chapter six of the
general laws, applicable to cities of the first class relating to the registra-
tion of electors, the conduct of the election and the canvass and return of
the votes for a general election which are not inconsistent with or con-
trary to the provisions of this act, shall be deemed to apply to all election
districts within the boundaries of The City of New York, as constituted
by the Greater New York charter, for and at the general election to be
held in the year eighteen hundred and ninety-seven, in and for such
election districts.
§ 3. The town board of the town of Hempstead, in the county of Queens
shall, on or before the first day of July, in the year eighteen hundred and
ninety-seven, divide such town into election districts which shall contain
as near as may be four hundred electors. Such election districts so cre- .
wholly without the boundary, with such town, of The City of New
York, as constituted as aforesaid.
$ 4. Certificates of nomination of candidates for a city office to be voted
for at the general election in the year eighteen hundred and ninety-seven,
in The City of New York or any part thereof, as constituted by the
Greater New York charter, shall be filed as follows: Certificates of nomi-
nation of candidates to be voted for by all the electors within the terri-
tory of The City of New York, constituted as aforesaid, shall be filed with
the board of police commissioners of The City of New York. Said board
shall forthwith file a certified copy of each such certificate with the board
of elections of the city of Brooklyn, and vith the county clerk of the
counties of Richmond and Queens, respectively. Certificates of now,
nation of candidates to be voted for by only the electors or a portion om
the electors of the county of New York shall be filed with the board 01
police commissioners of The City of New York. · Certificates of nomi:
nation of candidates to be voted for by only the electors or a portion
the electors of Kings county shall be filed with the board of elections o?
the city of Brooklyn. Certificates of nomination of candidates to be voleu
for by only the electors or a portion of the electors of the county of
mi-
2 of
APPENDIX I.
783
Richmond or the county of Queens shall be filed with the clerk of such
counties, respectively.
$ 5. At the general election to be held in the year eighteen hundred
and ninety-seven, the board of inspectors in each election district within
the City of New York, as constituted by the Greater New York charter,
shall forthwith, upon the completion of the count of votes for each
city office, respectively, and the announcement thereof, deliver at
the place of canvass to the police officer or constable present,
or if there be no police officer or constable present, then to
some other person authorized by such board to file the same,
a statement subscribed by the board of inspectors stating the number
of votes received by each candidate for such office in such election dis-
trict. Such statement shall forthwith be conveyed by the officer or
person to whom it is delivered to the police, headquarters of the precinct
or other police division in which the place of canvass is located, and he
shall deliver it inviolate to the officer in command thereof, who shall
immediately transmit by telegraph, telephone or messenger the contents
of such statement to the chief of police of The City of New York at police
headquarters in such city. Such statements shall be preserved by the
police for six months, and shall be presumptive evidence of the true
result of such canvass for each such office.
$ 6. The county board of canvassers of the counties which are wholly
or partly within The City of New York, as constituted by the Greater
New York charter, shall be the board of canvassers of the votes cast
therein for a city office at the general election to be held in the year
eighteen hundred and ninety-seven, and in addition to the statements
required to be made by them by the election law, shall make and certify
a separate statement of the votes cast for each city office voted for by the
electors of such respective counties or any portion thereof in the same
form as prescribed for other like statements made by such board. All
such statements shall be filed by the secretary of the respective county
board of canvassers of such counties with the board of police commis-
sioners of The City of New York not less than three calendar days prior
to the first Monday in December succeeding such election.
$ 7. The board of police commissioners of The City of New York shall
be the city board of canvassers of the City of New York, as constituted
by the Greater New York charter, of the statements of the votes cast at
the election in the year eighteen hundred and ninety-seven for
municipal officers in The City of New York so constituted, or
any part thereof. Three members of such board shall constitute
& quorum. If three of such officers shall not attend on a day
(uly appointed for a meeting of the board, the secretary of the
board shall forthwith notify the mayor and recorder of The City
Of New York to attend such meeting, and they shall forthwith attend
accordingly, and shall, with the other members of the board of police
commissioners attending, constitute such board. The chief clerk of the
vard of police shall be the secretary of the city board of canvassers
crea
eated by this act. The president of the board of police commissioners
all be the president of the board of canvassers, and he shall appoint
a meeting of such board at police headquarters in The City of New York
the first Monday of December next after such election to canvass
te statements of the boards of county canvassers of such elections for
009
sho
a
784
APPENDIX I.
city officers. He shall notify each member of the board of such meeting.
The board may adjourn such meeting from day to day not exceeding
a term of five days.
§ 8. Said board shall, at such meeting, proceed to canvass the certified
statements of the county board of canvassers of each county in which
such election was held. If any member of such board shall dissent from
a decision of the board, or shall deem any of the acts or proceedings of
the board to be irregular, and shall protest against the saine, he shall
state such dissent or protest in writing signed by him, setting forth his
reasons therefor, and deliver it to the secretary of the board, who shall
file it in his office. Upon the completion of such canvass such board
shall make separate tabulated statements signed by the members of
such board, or a majority thereof, of the whole number of votes cast
for all the candidates for each office shown by such certified statements
to have been voted for, and of the whole number of votes cast for each
of such candidates, indicating the number of votes cast in each county
therefor, and if the voters of not more than one county or portion of
such county were entitled to vote for such candidates, the name and
portion of such county, and the name of each candidate, and the deter-
mination of the board of the persons thereby elected to such office by
the greatest number of votes. Each such statement and determination
shall be filed and recorded in the office of the clerk of the board of alder-
men of The City of New York, who shall cause the publication thereof
to be made once in at least two newspapers in each county or portion
of the county within The City of New York, as constituted by the Greater
New York charter, and also a detailed statement thereof to be pub-
lished in the City Record showing the votes cast in each election district
for each such city office.
$ 9. Upon the completion of such canvass by such board and the deter-
mination thereof, the president of the board of police commissioners
shall forthwith transmit a certificate of election to each person shown
thereby to have been elected to office. Such certificate shall be counter-
signed by the secretary of the board under the seal of the city and
county of New York.
§ 10. This act shall take effect immediately.
CHAPTER 382.
AN ACT to amend chapter six hundred and one of the laws of eighteen
hundred and ninety-five, entitled “ An act in relation to the inferior
courts of criminal jurisdiction in the city and county of New York,"
in relation to number of magistrates.
Accepted by the city.
Became a law May 7, 1897, with the approval of the Governor. Passel,
three-fifths being present.
The People of the State of New York, represented in Senate and Assembly,
enact as follows:
ys of
SECTION 1. Section two of chapter six hundred and one of the lay
APPENDIX I.
.785
eighteen hundred and ninety-five, entitled “ An act in relation to the
inferior courts of criminal jurisdiction in the city and county of New
York,” is hereby amended so as to read as follows:
$ 2. From and after midnight on the thirtieth day of June, eighteen
hundred and ninety-five, there shall be nine city magistrates in the city
and county of New York, with the powers and jurisdiction hereinafter
prescribed; and on or before the twentieth day of June, eighteen hundred
and ninety-five, the mayor of the city of New York shall appoint nine city
magistrates, whose terms of office shall commence on the first day of
July in that year. The terms of office of three of the city magistrates so
appointed shall expire on the first day of July, eighteen hundred and
vinety-nine; the terms of office of three of the said city magistrates so
appointed shall expire on the first day of July, nineteen hundred and
two; and the terms of office of the remaining three of the said city
magistrates so appointed shall expire on the first day of May, nineteen
hundred and five. On and after midnight of the thirty-first day of May,
eighteen hundred and ninety-seven, there shall be twelve city magistrates
in the city and county of New York with the powers and jurisdiction
hereinafter prescribed, and on or before the fifteenth day of May, eigh-
teen hundred and ninety-seven, the mayor of the city of New York shall
appoint three city magistrates in addition to the nine herein before pro-
vided for, whose terms of office shall commence on the first day of June,
eighteen hundred and ninety-seven. The terms of office of said additional
city magistrates shall expire on the first day of May, nineteen hundred
and seven. The successors of the city magistrates so appointed shall at
all times hereafter be appointed by the mayor of said city, and shall hold
office for the term of ten years; and upon the happening of any vacancy
in said office, whether by expiration of the term or for any other cause,
the said mayor shall appoint some proper person to fill such vacancy
within thirty days after the same occurs. In case such vacancy occurs in
said office otherwise than by the expiration of the term thereof, the per-
son appointed to fill the same shall be appointed for the unexpired residue
of the term. The salary of each of the city magistrates appointed pursu-
ant to this act shall be seven thousand dollars a year, to be paid in equal
monthly installments. Upon making an appointment of any officer pur-
suant to the terms of this act, the mayor shall make two written certifi-
cates thereof, each of which shall state the title of the office and the
term for which the person therein named is appointed, and he shall
deliver one certificate to the person so appointed, and shall cause the
other certificate to be filed in the office of the clerk of the city and county
of New York.
82. Section four of said act is hereby amended so as to read as follows:
84. On and after the first day of July, eighteen hundred and ninety-
me, the city magistrates appointed pursuant to this act shall constitute
board of city magistrates, and shall discharge the functions thereof.
Tuey may elect a president from their own number, and at pleasure
dove him and elect a successor. All meetings of such board shall be
public, and all its proceedings shall be recorded in its books of minutes
its secretary, and shall be preserved. Such board may designate
u police clerk to act as secretary of said board, and from time to time
remot
50
786 .
APPENDIX I.
substitute any other, and fix a reasonable compensation to be paid for the
services of such secretary. Such board shall establish public rules relative
to its meetings, which, as far as possible, shall be held at regular times
for the order and transaction of its business thereat; for the keeping and
preservation of the minutes of its doings; for the appointment of clerks
and its other appointees; and for the public inspection of its minutes
under the care of the secretary, at reasonable times. Such board shall
have the authority and duty of appointing seven police clerks and of regu-
lating the time, place and manner of the discharge of the duty of such
clerks. Such clerks shall each be appointed for the term of four years,
and shall receive a certificate from such board stating such term and
when it will expire; and a duplicate of such certificate shall be filed by
the secretary of such board in the office of the clerk of the city and
county of New York; and before any such clerk shall enter upon the dis-
charge of his duty he shall file in the office of the comptroller of the city
a bond in the penal sum of five thousand dollars, with two sureties, con-
ditioned for the faithful discharge of his duty as a police clerk, and the
due accounting for and payment of all moneys by him received as such
clerk, to be approved by said comptroller, whose approval shall be evi-
denced by his certificate indorsed thereon. Upon the question of any
appointment of a clerk or clerk's assistant, the members of said board
shall vote as their names are called by the secretary, and the vote of each
member shall be recorded in such minutes. The said board may appoint
police clerks'assistants, interpreters, stenographers and other necessary
attendants, and may remove the same, and the secretary shall record the
vote of each member of said board in the minutes; provided, however,
that such clerks' assistants, stenographers and interpreters shall be
appointed for a term of two years, or to fill a residue of an unexpired
term, and that before removal such assistants, stenographers and inter-
preters shall have notice of the cause of their proposed removal and an
opportunity to make an explanation in the presence of such board, and
the reasons for any removal shall be briefly entered on such minutes.
One police clerk, three police clerks' assistants, one interpreter and one
stenographer shall be named by the additional city magistrates appointed
by the mayor of the city of New York, in May, eighteen hundred and
ninety-seven; and shall be appointed by said board on such nomination.
The salary of such police clerks shall be two thousand five hundred
dollars a year, which shall not be diminished during such term, payable
monthly, and no such clerk or other officer or employe appointed by the
board of city magistrates shall hold any other office or be interested in
any other business, but they shall give their whole time to their respec.
tive duties, and shall reside in the city of New York, and the police clerks
assistants and other assistants at any city magistrate's court shall obey
the reasonable directions of such police clerks, subject, however, to the
proper orders of the city magistrate presiding and the board of Chuy
niagistrates. The said board of city magistrates may fix, and from time
to time alter the salaries to be paid to the persons appointed by it to any
office except that of police clerk, but the board of estimate and apport,
ment may, in its discretion, at any time reduce the salary to be paid
any person appointed by said board of city magistrates, except that us
the police clerks.
any
APPENDIX I.
787
$ 3. Section eight of said act is hereby amended so as to read as
follows:
8 8. The several city magistrates courts shall be opened every day at
nine o'clock in the morning, and shall not be closed before four o'clock in
the afternoon except on Saturdays, Sundays and holidays, when morning
sessions only shall be necessary, and except also that the sixth district
city magistrate's court shall be open during such hours as the board of
city magistrates shall in its rules provide.
$ 4. Section twenty-five of said act is amended so as to read as follows:
$ 25. No person shall be appointed to the office of justice of the court of
special sessions in the city of New York, unless he shall be a resident of
said city and shall have been admitted to practice as an attorney and
counsellor at law in the courts of this state at least ten years prior to the
date of such appointment; nor shall any person be appointed to the office
of city magistrate unless he shall be a resident of said city, and shall
have been admitted to practice as an attorney and counsellor at law in
the courts of this state at least five years prior to the date of such
appointment; provided that in making the appointments of city magis-
trates under this act, prior to the thirty-first day of December, eighteen
hundred and ninety-seven, the mayor may appoint any person or persons
who may have served as police justice in said city for at least two years.
No city magistrate or justice of the court of special sessions appointed
pursuant to this act shall receive to his own use any fees or perquisites of
office; nor shall any such magistrate or justice hold any other public
office or carry on any business, or practice as an attorney or counsellor
at law in any court in this state, or act as referee; but each magistrate
or justice shall devote his whole time and capacity, so far as the public
interests demand to the duties of his office.
8 5. This act shall take effect immediately.
CHAPTER 632.
AN ACT in relation to the city court of The City of New York and for the
accommodation thereof, and authorizing the fitting up and equipping
of certain parts of the city hall in The City of New York.
Accepted by the city.
became a law May 22, 1897, with the approval of the Governor. Passed,
three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do
enact as follows:
cure su
BOTION 1. The board of estimate and apportionment of The City of
Iork is hereby authorized and empowered to select, lease and pro-
e suitable accommodations for the city court of The City of New York
and
for the judges and clerks thereof. The commissioner of public works
said city, when thereto authorized and directed by the board of esti-
mate and apportionment, shall furnish, prepare and equip the premises
ed and selected as herein before provided for the use of said court.
788
APPENDIX I. .
Any building, room or premises procured or leased in accordance with
law for the use of the said city court in The City of New York shall be
deemed a part of the city hall of The City of New York for the purpose
of holding terms of the city court therein. The premises leased as herein
provided shall be ready for the occupancy of said court on or before the
first day of September, 1897, and on said date said court shall vacate the
rooms now occupied by it in the city hall.
§ 2. After the city court shall have vacated the rooms now occupied by
it in the city hall, as hereinbefore provided, the commissioner of public
works, when thereto directed by the board of estimate and apportion-
ment, and upon plans approved by it, shall remodel the space in said city
hall, heretofore occupied by said court, so as to provide a suitable cham-
ber or meeting room and other apartments for the use of the council of
the municipal assembly and its officers that may be provided for by any
act of the legislature of eighteen hundred and ninety-seven. Said com-
missioner of public works shall in the same manner provide a suitable
meeting room and offices in the said city hall for any board of public
improvements of said city, that may be provided for by any act of the
legislature of eighteen hundred and ninety-seven. He shall also procure
the furniture and other fittings suitable to such rooms when thus altered.
§ 3. The expense necessary to carry these provisions into effect shall be
paid by the city and county of New York, and the controller of said city
shall issue revenue bonds of said city for the purpose of providing for
such expenses; the amount necessary to pay the principal and interest
of said bonds shall be included in the final estimate of the amount neces.
sary to be raised by taxation for the purposes of the government of said
city for the ensuing year.
§ 4. This act shall take effect immediately.
CHAPTER 735.
AN ACT to provide for the election of supervisors in the several wards of
the borough of Queens in The City of New York to be members of
the board of supervisors of the county of Queens.
Not accepted by the city.
Became a law May 24, 1897, with the approval of the Governor. Passeu,
three-fifths being present.
lected
The People of the State of New York, represented in Senate and Assembly, bu
enact as follows:
SECTION 1. At the election to be held in The City of New York in buy
year 1897, and every two years thereafter, a supervisor shall be elec
by the electors of each ward of the borough of Queens, and such supe
visor shall be a member of the board of supervisors of the county
Queens.
The term of office of such supervisor shall begin on the day on Whe
town elections are required, by law, to be held in the several towns
county of Queens in the year next succeeding his election and shall
tinue for two years. No person shall be eligible to the office of se
visor unless he shall be, at the time of his election, a qualified electu
APPENDIX I.
789
the ward in which he shall be elected, and upon his removal from the
ward he shall cease to be supervisor of such ward and the office shall be
vacant.
8 2. Whenever the office of supervisor shall be vacant, for any cause
whatever, the local board of the borough of Queens shall appoint a quali-
fied elector of the ward in which the vacancy exists to fill out the unex-
pired portion of the term.
$ 3. This act shall take effect immediately.
PROPOSED CONSTITUTIONAL AMENDMENTS.
Proposed constitutional amendment as to boards of supervisors.
AMEND SECTION 26, ARTICLE 3, OF THE CONSTITUTION TO READ AS FOLLOWS:
"Boards of supervisors. - $ 26. There shall be in each county, except in
a county wholly included in a city, a board of supervisors, to be composed
of such members and elected in such manner and for such period as is or
may be provided by law. In a city which includes an entire county, or
two or more entire counties, the powers and duties of a board of super-
visors may be devolved upon the municipal assembly, common council,
board of aldermen or other legislative body of the city.”
Proposed constitutional amendment as to limitation of indebtedness.
Jaw
ABEND SECTION 10, ARTICLE 8, OF THE CONSTITUTION, TO READ AS FOLLOWS:
"§ 10. Counties, cities and towns not to give or loan money or credit; limita-
tion of indebtedness. — No county, city, town or village shall hereafter
give any money or property, or loan its money or credit to or in aid of
any individual, association or corporation, or become directly or indi-
rectly the owner of stock in, or bonds of, any association or corporation;
nor shall any such county, city, town or village be allowed to incur any
llidebtedness except for county, city, town or village purposes. This
section shall not prevent such county, city, town or village from making
such provision for the aid or support of its poor as may be authorized by
law. No county or city shall be allowed to become indebted for any pur-
pose or in any manner to an amount which, including existing indebted-
Less, shall exceed ten per centum of the assessed. valuation of the real
state of such county or city subject to taxation, as it appeared by the
ssment-rolls of said county or city on the last assessment for state
... county taxes prior to the incurring of such indebtedness; and all
Pledness in excess of such limitation, except such as may now exist,
De absolutely void, except as herein otherwise provided. No county
y whose present indebtedness exceeds ten per centum of the assessed
assessm
on of its real estate subject to taxation, shall be allowed to
ome indebted in any further amount until such indebtedness shall be
ced within such limit. This section shall not be construed to pre-
ne issuing of certificates of indebtedness or revenue bonds issued
shall b
vent
790
APPENDIX I.
in anticipation of the collection of taxes for amounts actually contained.
or to be contained in the taxes for the year when such certificates or
revenue bonds are issued and payable out of such taxes. Nor shall
this section be construed to prevent the issue of bonds to provide
for the supply of water; but the term of the bonds issued to pro-
vide the supply of water shall not exceed twenty years, and a sink-
ing fund shall be created on the issuing of the said bonds for their
redemption, by raising annually a sum which will produce an amount
equal to the sum of the principal and interest of said bonds at their
maturity. All certificates of indebtedness or revenue bonds issued in
anticipation of the collection of taxes, which are not retired within five
years after their date of issue, and bonds issued to provide for the sup-
ply of water, and any debt hereafter incurred by any portion or part of
a city, if there shall be any such debt, shall be included in ascertaining
the power of the city to become otherwise indebted. Whenever the boun-
daries of a city are the same as those of a county, or when any city shall
include within its boundaries more than one county, the power of any
county wholly included within such city to become indebted shall cease,
but the debt of the county heretofore existing shall not, for the purposes
of this section, be reckoned as a part of the city debt. The amount here-
after to be raised by tax for county or city purposes, in any county con-
taining a city of over one hundred thousand inhabitants, or any such
city of this state, in addition to providing for the principal and interest
of existing debt, shall not in the aggregate exceed in any one year
two per centum of the assessed valuation of the real and personal estate
of such county or city, to be ascertained as prescribed in this section
in respect to county or city debt."
APPENDIX II.
PROVISIONS OF THE NEW YORK CONSTITUTION RELATING TO
CITIES.
V
(With references to judicial decisions thereon.)
Senatorial districts and parts of senatorial districts included within the
consolidated city.
I. District number one (1) shall consist of the counties of
Suffolk and Richmond.
District number two (2) shall consist of the county of Queens.
District number three (3) shall consist of that part of the
county of Kings comprising the first, second, third, fourth, fifth
and sixth wards of the city of Brooklyn.
District number four (4) shall consist of that part of the county
of Kings comprising the seventh, thirteenth, nineteenth and
twenty-first wards of the city of Brooklyn.
District number five (5) shall consist of that part of the county
of Kings comprising the eighth, tenth, twelfth and thirtieth wards
of the city of Brooklyn, and the ward of the city of Brooklyn
which was formerly the town of Gravesend.
District number six (6) shall consist of that part of the county
of Kings comprising the ninth, eleventh, twentieth and twenty-
second wards of the city of Brooklyn.
District number seven (7) shall consist of that part of the
county of Kings comprising the fourteenth, fifteenth, sixteenth
and seventeenth wards of the city of Brooklyn.
District number eight (8) shall consist of that part of the
county of Kings comprising the twenty-third, twenty-fourth,
twenty-fifth and twenty-ninth wards of the city of Brooklyn, and
the town of Flatlands.
District number nine (9) shall consist of that part of the county
of Kings comprising the eighteenth, twenty-sixth, twenty-seventh
and twenty-eighth wards of the city of Brooklyn.
District number ten (10) shall consist of that part of the county
Of New York within and bounded by a line beginning at Canal
Street and the Hudson river, and running thence along Canal
19
792
APPENDIX II.
street, Hudson street, Dominick street, Varick street, Broome
street, Sullivan street, Spring street, Broadway, Canal street, the
Bowery, Division street, Grand street and Jackson street, to the
East river, and thence around the southern end of Manhattan
island to the place of beginning, and also Governor's, Bedloe's
and Ellis islands.
District number eleven (11) shall consist of that part of the
county of New York lying north of district number ten, and
within and bounded by a line beginning at the junction of Broad-
way and Canal street, and running thence along Broadway, Fourth
street, the Bowery and Third avenue, St. Mark's place, Avenue
A, Seventh street Avenue B, Clinton street, Rivington street,
Norfolk street, Division street, Bowery and Canal street, to the
place of beginning. .
District number twelve (12) shall consist of that part of the
county of New York lying north of districts numbers ten and
eleven, and within and bounded by a line beginning at Jackson
street and the East river, and running thence through Jackson
street, Grand street, Division street, Norfolk street, Rivington
street, Clinton street, Avenue B, Seventh street, Avenue A, St.
Mark's place, Third avenue, East Fourteenth street, to the East
river, and along the East river to the place of beginning.
District number thirteen (13) shall consist of that part of the
county of New York lying north of district number ten, and
within and bounded by a line beginning at the Hudson river at the
foot of Canal street, and running thence along Canal street,
Hudson street, Dominick street, Varick street, Broome street,
Sullivan street, Spring street, Broadway, Fourth street, the
Bowery and Third avenue, Fourteenth street, Sixth avenue,
West Fifteenth street, Seventh avenue, West Nineteenth street,
Eighth avenue, West Twentieth street, and the Hudson river,
to the place of beginning.
District number fourteen (14) shall consist of that part of the
county of New York lying north of districts numbers twelve and
thirteen, and within and bounded by a line beginning at East
Fourteenth street and the East river, and running thence along
East Fourteenth street, Irving Place, East Nineteenth street,
Third avenue, East Twenty-third street, Lexington avenue, East
Fifty-third street, Third avenue, East Fifty-second street, an
the East river, to the place of beginning.
District number fifteen (15) shall consist of that part of the
county of New York lying north of district number thirteen, and
TTT
APPENDIX II.
793
.
within and bounded by a line beginning at the junction of West
Fourteenth street and Sixth avenue, and running thence along
Sixth avenue, West Fifteenth street, Seventh avenue, West
Fortieth street, Eighth avenue, and the transverse road across
Central park at Ninety-seventh street, Fifth avenue, East Ninety-
sixth street, Lexington avenue, East Twenty-third street, Third
avenue, East Nineteenth street, Irving place, and Fourteenth
street, to the place of beginning.
District number sixteen (16) shall consist of that part of the
county of New York lying north of district number thirteen, and
within and bounded by a line beginning at Seventh avenue and
West Nineteenth street, and running thence along West Nine-
teenth street, Eighth avenue, West Twentieth street, the Hudson
river, West Forty-sixth street, Tenth avenue, West Forty-third
street, Eighth avenue, West Fortieth street, and Seventh avenue,
to the place of beginning.
District number seventeen (17) shall consist of that part of the
county of New York lying north of district number sixteen, and
within and bounded by a line beginning at the junction of Eighth
avenue and West Forty-third street, and running thence along
West Forty-third street, Tenth avenue, West Forty-sixth street,
the Hudson river, West Eighty-ninth street, Tenth or Amster-
dam avenue, West Eighty-sixth street, Ninth or Columbus
avenue, West Eighty-first street and Eighth avenue, to the place
of beginning.
District number eighteen (18) shall consist of that part of the
county of New York lying north of district number fourteen,
and within and bounded by a line beginning at the junction of
East Fifty-second street and the East river, and running thence.
along East Fifty-second street, Third avenue, East Fifty-third
street, Lexington avenue, East Eighty-fourth street, Second
avenue, East Eighty-third street, and the East river, to the place
of beginning; and also Blackwell's island.
District number nineteen (19) shall consist of that part of the
county of New York lying north of district number seventeen,
and within and bounded by a line beginning at West Eighty-
ninth street and the Hudson river, and running thence along the
Hudson river and Spuyten Duyvil creek around the northern end
Manhattan island; thence southerly along the Harlem river to
he north end of Fifth avenue, thence along Fifth avenue, East
une Hundred and Twenty-ninth street, Fourth or Park avenue,
Last One Hundred and Tenth street, Fifth avenue, the transverse
-
794
APPENDIX II.
road across Central park at Ninety-seventh street, Eighth avenue,
West Eighty-first street, Ninth or Columbus avenue, West
Eighty-sixth street, Tenth or Amsterdam avenue, and West
Eighty-ninth street, to the place of beginning.
District number twenty (20) shall consist of that part of the
county of New York lying north of districts numbers eighteen
and fifteen, and within and bounded by a line beginning at East
Eighty-third street and the East river, running thence through
East Eighty-third street, Second avenue, East Eighty-fourth
street, Lexington avenue, East Ninety-sixth street, Fifth avenue,
East One Hundred and Tenth street, Fourth or Park avenue,
East One Hundred and Nineteenth street to the Harlem river,
and along the Harlem and East rivers to the place of beginning;
and also Randall's island and Ward's island.
All the above districts in the county of New York, bounded
upon or along the boundary waters of the county, shall be
deemed to extend to the county line.
District number twenty-one (21) shall consist of that part of the
county of New York lying north of districts numbers nineteen and
twenty, within and bounded by a line beginning at East One
Hundred and Nineteenth street and the Harlem river, and run-
ning thence along East One Hundred' and Nineteenth street,
Fourth or Park avenue, One Hundred and Twenty-ninth street,
Fifth avenue and the Harlem river, to the place of beginning;
and all that part of the county of New York not hereinbefore
described.
District number twenty-two (22) shall consist of the county of
Westchester. (N. Y. Cons. Art. 3, Sec. 3.)
Assembly districts and parts of assembly districts included within
Greater New York.
II. Until after the next enumeration, members of the assem-
bly shall be apportioned to the several counties as follows:
* Kings county, twenty-one members: * * * Nem
York county, thirty-five members; * * * Queens County,
three members; * * * Richmond county, one member;
* * * Westchester county, three members.
In any county entitled to more than one member, the board o.
supervisors, and in any city embracing an entire county and
having no board of supervisors, the common council, or if the
be none, the body exercising the powers of a common council,
shall assemble on the second Tuesday of June, one thou
APPENDIX II.
795
eight hundred and ninety-five, and at such times as the Legisla-
ture making an apportionment shall prescribe, and divide such
counties into assembly districts as nearly equal in number of
inhabitants, excluding aliens, as may be, of convenient and con-
tiguous territory in as compact form as practicable, each of which
shall be wholly within a senate district formed under the same
apportionment, equal to the number of members of assembly to
which such county shall be entitled, and shall cause to be filed in
the office of the Secretary of State and of the clerk of such
county, a description of such districts, specifying the number of
each district and of the inhabitants thereof, excluding aliens,
according to the last preceding enumeration; and such appor-
tionment and districts shall remain unaltered until another enu-
meration shall be made, as herein provided; but said division of
the city of Brooklyn and the county of Kings to be made on the
second Tuesday of June, one thousand eight hundred and ninety-
five, shall be made by the common council of said city and the
board of supervisors of said county, assembled in joint session.
(N. Y. Cons. Art. 3, Sec. 5.)
See apportionment of Assembly Districts, pursuant to this sec-
tion in Appendix No. 3.
Private and local bills not to embrace more than one subject.
III. No private or local bill, which may be passed by the legis-
lature, shall embrace more than one subject, and that shall be
expressed in the title. (N. Y. Cons. Art. 3, Sec. 16.)
(a) The design of this section was that no portion of the state or its
people should be made the subject of legislative action, unless the bill,
effecting the same, in its title, gave notice of such purpose. People ex
rel. Lee v. Supervisors of Chautauqua, 43 N. Y. 10.
(6). The title of a local act must be such, at least, as fairly to suggest
or give a clue to the subject dealt with in the act, and, unless it comes
up to this standard, it falls below the requirements of the section. Astor
V. Arcade R. R. Co., 113 Ñ. Y. 93.
(C) No definite rule can be laid down by which to determine what is
a local act within the meaning of this section. But each case must be
determined on its own circumstances. People ex rel. Clausen v. New-
burgh Plank Road Co., 86 N. Y. 7.
(a) The fact that certain localities are exempted from the operation
of a general law, does not make it a local or private act within the mean-
ing of this section. Id.
le) A law, general in its terms, applying to all cities of a certain popu-
lation, is not a local or private bill; because its provisions can only apply
to one or two cities. People ex rel. N. Y. Elec. Lines Co. v. Squire, 107
796
APPENDIX II.
N. Y. 601; following Matter of N. Y. El. R. R. Co., 70 N. Y. 327; and Mat-
ter of Church, 92 N. Y. 1.
(f) A general provision inserted in an act containing local provisions
is valid, whether the subject is expressed in the title or not, as general
acts require an enacting clause only. Ferguson v. Ross, 126 N. Y. 459.
(9) The provisions of this section refer only to acts of the legislature,
and do not apply to a resolution of a board of supervisors. Robert v.
Supervisors of Kings County, 3 App. Div. 366; s. C., 74 N. Y. State Rep.
41; 38 N. Y. Supp. 521.
(h) It seems, that acts constituting or defining the jurisdiction of local
courts, amending charters of municipal corporations, regulating the
appointment and election of local officers in a particular city, providing
for the laying out of streets or highways or the construction of bridges
in a specified locality, and for local taxation to pay the expense of the
work, regulating the fees of officers in a particular county or the
expenses of judicial sales therein, although public acts, are, never-
theless, local bills within the meaning of this section. Ferguson y. Ross,
126 N. Y. 459, and cases cited.
(1) See generally as to the construction of this section, Bangs v. Duck-
infield, 18 N. Y. 592, 597; People v. Hills, 35 Id. 449; People v. O'Brien, 38
Id. 193; Gaskin v. Meeks, 42 Id. 186; Rochester V. Briggs, 50 Id. 553;
Ex parte Van Antwerp, 56 Id. 261; Wensler v. People, 58 Id. 516; Harris v.
People, 59 Id. 599; People ex rel. Comrs. v. Banks, 67 Id. 568; People ex rel.
Burrows v. Brinckerhoff, 68 Id. 259; Village of Gloversville v. Howell, 70
id. 287; People v. Newburgh Plankroad Co., 86 Id. 1; Matter of Woolsey,
95 Id. 135; Matter of U. S., 96 Id. 227; Supervisors of Seneca v. Allen, 99
Id. 532; Commissioners v. Dwight, 101 Id. 9; Tingue v. Portchester, 101
Id. 294; Cole v. State, 102 Id. 48, 58; People v. Squire, 107 Id. 593; Ensign
v. Barse, 107 Id. 329; Astor v. Arcade R. R. Co., 113 Id. 93, 110; Wrought
Iron Bridge Co. v. Attica, 119 Id. 204; Ferguson v. Ross, 126 Id. 459, 465;
Waterloo, etc. Co. v. Shanahan, 128 Id. 345; Van Brunt v. Flatbush, 128
Id. 50; Sweet v. City of Syracuse, 129 Id. 316, 331; Curtin v. Bartow, 139,
Id. 505.
· Cases in which private and local bills shall not be passed; restrictions
as to laws authorizing street railroads.
IV. The legislature shall not pass a private or local bill in any
of the following cases:
Laying out, opening, altering, working or discontinuing roads,
highways or alleys, or for draining swamps or other low lands.
Locating or changing county seats.
Providing for election of members of boards of supervisors.
The opening and conducting of election, or designating places
of voting.
Creating, increasing or decreasing fees, percentage or all
APPENDIX II.
797
:
ances of public officers during the term for which said officers are
elected or appointed.
Granting to any corporation, association or individual the right
to lay down railroad tracks.
Granting to any private corporation, association or individual
any exclusive privilege, immunity or franchise whatever.
Providing for building bridges and chartering companies for
such purposes except on the Hudson river below Waterford, and
on the East river, or over the waters forming part of the bound-
aries of the state.
The legislature shall pass general laws providing for the cases
enumerated in this section, and for all other cases which, in its
judgment, may be provided for by general laws. But no law
shall authorize the construction or operation of a street railroad,
except upon the condition that the consent of the owners of one-
half in value of the property bounded on, and the consent, also,
of the local authorities having the control of that portion of a
street or highway upon which it is proposed to construct or ope-
rate such railroad, be first obtained, or, in case the consent of such
property owners cannot be obtained, the appellate division of the
supreme court, in the department in which it is proposed to be
constructed, may, upon application, appoint three commissioners,
who shall determine, after a hearing of all parties interested,
whether such railroad ought to be constructed or operated, and
their determination, confirmed by the court, may be taken in lieu
of the consent of the property owners. (N. Y. Cons. Art. 3,
Sec. 18.)
(a) The provision of this section prohibiting the passage of a private
or local bill, “laying out, opening, altering, working or discontinuing
roads, highways or alleys," does not include, and is not applicable, to
city streets or avenues. Matter of Woolsey, 95 N. Y. 135; rev'g 29 Hun,
629; Matter of Lexington Ave., 29 Hun, 303.
(6) The provision of this section prohibiting the passage of a local or
private bill “providing for the election of members of boards of super-
Visors” applies only to town, and not to city supervisors. People ex rel.
Clancey v. Supervisors, 139 N. Y. 524.
(C) The provision of this section prohibiting the passage of a local or
private bill providing for the building of bridges, etc., does not preclude
be legislature from conferring the power of local legislation in regard
to the building of bridges upon boards of supervisors. Town of Kirk-
wood v. Newbury, 122 N. Y. 571.
(a) The provision of this section prohibiting the passage of any pri-
we or local bill, "granting to any corporation, etc., the right to lay
wn railroad tracks,” construed. Matter of N. Y. El. R. R. Co., 70 N. Y.
wwl; Astor v. Arcade R. R. Co., 113 Id. 93; People ex rel. Harvey v. Loew,
vate
798
..
APPENDIX II.
102 Id. 471; Matter of Brooklyn, etc. R. R. Co., 75 Id. 330; Farnham y.
Benedict, 107 Id. 159; Matter of N. Y. & L. I. Bridge Co., 54 Hun, 400; Gil-
bert El. R. R. Co. v. Anderson, 3 Abb. N. C. 434.
(e) The provision of this section prohibiting the grant of a right to
lay down railroad tracks was designed to prohibit an original and inde-
pendent grant of such right, including the powers incident thereto.
This right cannot be granted under the guise of an amendment to an
existing charter, any more than by original grant. But an act restrict-
ing and regulating an existing right to lay down railroad tracks is not
a grant of that right, within the meaning of said provision. Matter of
Gilbert El. R. R. Co., 70 N. Y. 361.
(f) The provision of this section prohibiting the passage of a private
or local bill, to lay down railroad tracks, applies only to an original and
independent grant of that right, and does not apply to an act consoli-
dating existing railroad corporations. Sandham v. Nye, 9 Misc., 541;
following Matter of Gilbert El. R. R. Co., above. .
(9) The restrictions in regard to the granting of a street railroad fran-
chise prescribed by this section does not preclude the legislature from
imposing other and further conditions not inconsistent therewith. Matter
of Thirty-fourth Street R. R. Co., 102 N. Y. 343.
(h) The constitutional prohibition against any law authorizing the
construction of a street railroad, except upon the consent of property
owners and the local authorities, or an order of the court, refers to a part
of as well as a complete railroad. Matter of Metropolitan Transit Co.,
111 N. Y. 588; S. C., 20 N. Y. State Rep. 516; affi'g s. C., 15 N. Y. State
Rep. 977.
Bills appropriating public money or property for local purposes.
V. The assent of two-thirds of the members elected to each
branch of the legislature shall be requisite to every bill appropri-
ating the public moneys or property for local or private purposes.
(N. Y. Cons., Art. 3, Sec. 20.)
(a) This section imposes no linitation upon the power of the legisla-
ture to assess or tax the cost of a local improvement upon a locality:
People ex rel. N. Y. & H. R. R. Co. v. Havemeyer, 47 How. Pr. 494; Town
of Gilford v. Cornell, 18 Barb. 615.
(6) An appropriation is for a local purpose when the money is to be
expended in a particular locality, and the people of that locality are to
be directly and mainly benefited thereby, although the public may also
be incidentally and remotely benefited. People ex rel. Adsit v. Allen, 4%
N. Y. 378.
(c) The meaning of “public money or property of the state” used 11
this section explained. Matter of Taxpayers of Kingston, 40 How. Fl.
444; Trustees of Exempt Firemen's Fund y. Roome, 93 N. Y. 313; People
v. Supervisors of Chenango, 8 Id. 324; Englishbee v. Helmuth, 3 Id. 294.
Boards of supervisors.
VI. There shall be, in the several counties, except in citie
whose boundaries are the same as those of the county, a board of
APPENDIX II.
799
supervisors, to be composed of such members, and elected in such
manner, and for such period, as is or may be provided by law.
In any such city the duties and powers of a board of supervisors
may be devolved upon the common council or board of aldermen
thereof. (N. Y. Cons., Art. 3, Sec. 26.)
Local legislative powers.
VII. The legislature shall, by general laws, confer upon the
boards of supervisors of the several counties of the state such
further powers of local legislation and administration as the legis-
lature may, from time to time, deem expedient. (N. Y. Cons.
Art. 3, Sec. 27.)
See Town of Kirkwood v. Newbury, 122 N. Y. 571; People ex rel. Mor-
rill v. Supervisors, 112 Id. 585; Board of Supervisors of Seneca v. Allen,
97 Id. 532.
Extra compensation to public officials prohibited.
VIII. The legislature shall not, nor shall the common council
of any city, nor any board of supervisors, grant any extra com-
pensation to any public officer, servant, agent or contractor.
(N. Y. Cons. Art. 3, Sec. 28.)
See People ex rel. Masterson v. Gallup, 65 How. Pr. 108; s. C., 12 Abb.
N. C. 65; Trusdale v. City of Rochester, 33 Hun, 574; Cole v. State, 102 N. -
Y. 48, 58.
Civil service appointments and promotions.
IX. Appointments and promotions in the civil service of the
state, and of all the civil divisions thereof, including cities and
villages, shall be made according to merit and fitness, to be ascer-
tained, so far as practicable, by examinations, which, so far as
practicable, shall be competitive; provided, however, that
honorably discharged soldiers and sailors from the army and
navy of the United States in the late civil war, who are citizens
and residents of this state, shall be entitled to preference in
appointment and promotion without regard to their standing on
any list from which such appointment or promotion may be
made. Laws shall be made to provide for the enforcement of
this section. (N. Y. Cons. Art. 5, Sec. 9.)
"}. The provision of the New York Constitution requiring appoint-
Ils to the civil service of the state to be upon competitive examina-
as far as practicable, is dependent upon legislation to carry it into
• The provision of the Constitution was framed in reference to the
ag civil service law of the state, and so far as that statute provides
ment
tion
effe
exis
800
APPENDIX II.
the proper machinery for enforcing its provision, it becomes operative.
Chittenden v. Wurster, Court of Appeals, New York Law Journal, April
22, 1897; rev’g 43 N. Y. Supp. 1035. Compare People ex rel. McClelland F.
Roberts, 148 N. Y. 360; affi'g 91 Hun, 101; s. C., 34 N. Y. Supp. 641.
(b) The power of the legislature in regard to the civil service of the
state is restricted to the passage of laws for the enforcement of this sec-
tion. The limit of legislative power being thus accurately defined, the
validity of every law relating to appointments and promotions in the
civil service of the state, or of the municipal corporations thereof, is to
be tested by the inquiry whether the statute tends to enforce the provi-
sions of the constitution, and if it is apparent that such is not the real
object and purposes of a law, the courts will interfere and protect the
constitutional rights of the people. Matter of Keymer, 89 Hun, 292;
S. C., 35 N. Y. Supp. 161; 69 N. Y. State Rep. 276; rev'g 12 Misc. 615; S. C.,
34. N. Y. Supp. 447.
(c) The discretion vested in the legislature to determine when competi-
tive examinations shall not be practicable is not an arbitrary and unre-
strained discretion, but is subject to the review of the courts. Id.
(d) A statute which declares that competitive examinations shall not
be deemed practicable or necessary, in cases where the compensation or
other emolument of an office does not exceed a certain sum per day,
violates this section and is void. Id.
(e) The provision of this section giving a preference to veterans in
appointment and promotion in the civil service, contemplates that in all
examinations, competitive and non-competitive, the veterans of the civil
war shall have no preference over other citizens of the state, but when, as
a result of examinations, a list is made up from which appointments and
promotions can be made, consisting of those whose merit and fitness have
been duly ascertained, then the veteran is entitled to preference without
regard to his standing on that list. Matter of Keymer, 148 N. Y. 219;
afli'g 89 Hun, 292; s. C., 35 N. Y. Supp. 161; 69 N. Y. State Rep. 276; rerg
12 Misc. 615; S. C., 34 N. Y. Supp. 447; Matter of Sweeley, 12 Misc.
174; s. C., 67 N. Y. State Rep. 257; 23 N. Y. Supp. 369; affi'd without opin.
ion in 146 N. Y. 401.
(f) The statutes exempting honorably discharged veterans from the
examinations prescribed by the civil service law are in conflict with this
provision of the constitution, and are therefore void. Id.
(9) See further upon the question of civil service, $$ 123-127 of the
Greater New York charter, ante, and cases cited.
Justices of the peace; district court justices.
X. The electors of the several towns shall, at their annual
town meetings, or at such other time and in such manner as the
legislature may direct, elect justices of the peace, whose term of
office shall be four years. In case of an election to fill a vacancy
occurring before the expiration of a full term, they shall hold 101
the residue of the unexpired term. Their number and classifica-
tion may be regulated by law. Justices of the peace and judges
or justices of inferior courts not of record, and their clerks, may
APPENDIX II.
801
be removed for cause, after due notice and an opportunity of
being heard, by such courts as are or may be prescribed by law.
Justices of the peace and district court justices may be elected in
the different cities of this state, in such manner and with such
powers, and for such terms, respectively, as are, or shall be, pre-
scribed by law; all other judicial officers in cities, whose election
or appointment is not otherwise provided for in this article, shall
be chosen by the electors of such cities, or appointed by some ·
local authorities thereof. (N. Y. Cons. Art. 6, Sec. 17.)
(a) The provision of this section relating to justices of the peace, do
not apply to courts like the police courts of the City of New York and
the court of Special Sessions of the City of New York, which are entirely
within the control of the legislature. Koch v. Mayor, 5 App. Div. 276; s.
Ci, 39 N. Y. Supp. 164; Matter of Quinn, 15 Misc. 509; s. C., 72 N. Y. State
Rep. 241; 36 N. Y. Supp. 894; Wenzler v. People, 58 N. Y. 516; People v.
Morgan, 5 Daly, 161; affi'd in 59 N. Y. 679; Coulter v. Murray, 15 Abb.
(N. S.) 129.
(6) The legislature has no power to extend the term of office of justice
of a district court of The City of New York. People ex rel. Fowler v.
Bull, 46 N. Y. 57.
(c) The legislature has the undoubted right to annex towns to cities
and thereby, in effect, end a term of a justice of the peace. Gertum v.
Supervisors of Kings, 109 N. Y. 170.
Inferior local courts.
XI. Inferior local courts of civil and criminal jurisdiction may
be established by the legislature, but no inferior local court here.
after created shall be a court of record. The legislature shall not
hereafter confer upon any inferior or local court of its creation,
any equity jurisdiction or any greater jurisdiction, in other
respects than is conferred upon county courts by or under this
article. Except as herein otherwise provided, all judicial officers
shall be elected or appointed at such times and in such manner as
the legislature may direct. (N. Y. Cons. Art. 6, Sec. 18.)
(@) The legislature has the power to confer upon a local court what-
ever civil or criminal jurisdiction it deems best, subject only to the
restriction that its character as a local court shall be preserved. Ander-
SON v. Reilly, 66 N. Y. 189; Brandow v. Avery, 22 Id. 469.
(6) The legislature has no power to create a district for judicial pur-
poses not bounded by town or county, city or village lines, and erect
rein a local court. People ex rel. Townsend v. Porter, 90 N. Y. 68;
Pierson v. Fries, 3 App. Div. 418.
? The jurisdiction of a local court must be exercised within the
adity, and its process cannot be executed outside of it. Geraty v.
Eld, 78 N. Y. 67; Hoag v. Lamont, 60 Id. 99, following Landers v. Staten
W. R. Co., 53 Id. 450; Rockwell v. Raymond, 5 N. Y. Supp. 642.
there
51
802
APPENDIX II.
Terms of office of present justices of the peace and local judicial
officers.
XII. Justices of the peace and other local judicial officers pro-
vided for in section seventeen and eighteen, in office when this
article takes effect, shall hold their offices until the expiration of
their respective terms. (N. Y. Cons. Art. 6, Sec. 22.)
(a) The effect of this section explained in Hoch v. The Mayor, 5 App.
Div. 276; S. C., 39 N. Y. Supp. 164; Petterson v. Welles, 1 App. Div. 8; s. C.,
72 N. Y. State Rep. 282; 36 N. Y. Supp. 1009.
Counties, cities and towns not to give or loan money or credit; limita-
tion of indebtedness.
XIII. No county, city, town or village shall hereafter give any
money or property, or loan its money or credit to or in aid of any
individual, association or corporation, or become directly or indi-
rectly the owner of stock in, or bonds of, any association or cor-
poration; nor shall any such county, city, town or village be
allowed to incur any indebtedness except for county, city, town
or village purposes. This section shall not prevent such county,
city, town or village from making such provision for the aid or
support of its poor as may be authorized by law. No county or
city shall be allowed to become indebted for any purpose or in any
manner to an amount which, including existing indebtedness, shall
exceed ten per centum of the assessed valuation of the real estate
of such county or city subject to taxation, as it appeared by the
assessment-rolls of said county or city on the last assessment for
state or county taxes prior to the incurring of such indebtedness;
and all indebtedness in excess of such limitation, except such as
may now exist, shall be absolutely void, except as herein otherwise
provided. No county or city whose present indebtedness exceeds
ten per centum of the assessed valuation of its real estate subject
to taxation, shall be allowed to become indebted in any further
amount until such indebtedness shall be reduced within such
limit. This section shall not be construed to prevent the issuing
of certificates of indebtedness or revenue bonds issued in antici-
pation of the collection of taxes for amounts actually contained,
or to be contained in the taxes for the year when such certificates
or revenue bonds are issued and payable out of such taxes. No
shall this section be construed to prevent the issue of bonds to
provide the supply of water; but the term of the bonds issucu
to provide the supply of water shall not exceed twenty years,
and a sinking fund shall be created on the issuing of the
bonds for their redemption, by raising annually a sum which
APPENDIX II.
803
produce an amount equal to the sum of the principal and interest
of said bonds at their maturity. All certificates of indebtedness
or revenue bonds issued in anticipation of the collection of taxes,
which are not retired within five years after their date of issue,
and bonds issued to provide for the supply of water, and any
debt hereafter incurred by any portion or part of a city, if there
shall be any such debt, shall be included in ascertaining the
power of the city to become otherwise indebted. Whenever
hereafter the boundaries of any city shall become the same as
those of a county, the power of the county to become indebted
shall cease, but the debt of the county at that time existing shall
not be included as a part of the city debt. The amount here-
after to be raised by tax for county or city purposes, in any
county containing a city of over one hundred thousand inhabit-
ants, or any such city of this state, in addition to providing for
the principal and interest of existing debt, shall not in the aggre-
gate exceed in any one year two per centum of the assessed valu-
ation of the real and personal estate of such county or city, to be
ascertained as prescribed in this section in respect to county or
city debt. (N. Y. Cons. Art. 8, Sec. 10.)
(a) The provision of this section prohibiting a gift of city money or
property in aid of any individual, association or corporation does not pro-
hibit the city from aiding private corporations in caring for the poor.
The Shepherd's Fold v. The Mayor, 96 N. Y. 137; followed in White v. The
Inebriate Home of Kings County, 141 Id. 123.
(b) This section forbidding a city from loaning its money or credit, is
not violated by an issue of revenue bonds for the immediate payment of
a local improvement to be repaid by subsequent assessment on the land
benefited. People ex rel. Commissioners of Washington Park v. Banks,
67 N. Y. 568.
(C) To constitute a city purpose within the provision of this section,
prohibiting a city from incurring any indebtedness except for city pur-
poses, the purpose must be primarily for the benefit, use, or convenience
of the city, as distinguished from that of the country outside, although
the latter may be incidentally benefited, and the work must be of such
à character as to show the predominance of that purpose, and must be
within the ordinary range of municipal action. Matter of Mayor, etc., of
New York, 99 N. Y. 569; affi'g 34 Hun, 441.
(@) The incurring of an indebtedness for the acquiring and maintenance
of a public park beyond the territorial limits of a city, but so near to :
such city as to make it convenient and accessible and likely to be over- ·
taken and surrounded by the city's growth, is for a city purpose within
the meaning of this section. Id.
(e) The creation of a debt for the construction of a public bridge
etween two cities is for a city purpose for each within the meaning of
is section. People ex rel. Murphy v. Kelly, 76 N. Y. 475; S. C., 5 Abb.
betes
N. C. 383.
804
APPENDIX II.
(f) The issue of bonds by a city for a water-supply is for a city purpose
within the meaning of this section. Sweet v. City of Syracuse, 129 N. Y.
316; s. C., 41 N. Y. State Rep. 649; Comstock v. City of Syracuse, 5 N. Y.
Supp. 874.
(9) An issue of bonds for the construction and operation of an electric-
light system for the public use of the city and also for the private use of
its inhabitants is for a city purpose, within the meaning of this section,
prohibiting cities from incurring indebtedness, except for city purposes.
Hequenbourg v. City of Dunkirk, 49 Hun, 550; s. C., 18 N. Y. State Rep.
570; 2 N. Y. Supp. 447.
(11) xin :ci autborizing the incurring of an indebtedness to sec!re rapid
transit in a city is valid. The creation of such a debt is for a city pur-
pose, within the meaning of this section. Sun Printing & Publishing
Ass'n v. The Mayor, 8 App. Div. 230; S. C., 40 N. Y. Supp. 607.
(i) This section does not deprive municipalities of the right to com-
promise a claim which they dispute, but which in the end they deem it
wise and prudent to acknowledge in part. Hill v. Peekskill Savings Bank,
101 N. Y. 490.
(j) How the debt of a city is to be computed in determining whether it
has reached the limitation of indebtedness prescribed by this section.
Adams v. East River Savings Inst., 136 N. Y. 52.
(k) City stock or bonds of the City of New York held by the commis-
sioners of the sinking fund, are not an indebtedness within the meaning
of the provision of this section which provides that a city shall not
become indebted to an amount exceeding ten per cent. of the assessed
valuation of its real estate subject to taxation. Bank for Savings in N. Y.
v. Grace, 102 N. Y. 313.
(1) The provision of this section prohibiting the issuing of water bonds
for a period greater than twenty years, refers only to an issue which
exceeds the limitation of indebtedness prescribed therein. A city may
issue bonds to run for any period of time, e. g., for 50 years, where the
amount of the bonds issued, together with the then existing city indebt-
edness, does not exceed the prescribed limit of city indebtedness. City
of Rochester v. Quintard, 136 N. Y. 221; s. C., 49 N. Y. State Rep. 329;
affi'g 65 Hun, 460; S. C., 49 N. Y. State Rep. 142; 20 N. Y. Supp. 396.
State board of charities; state commission in lunacy; state commission
of prisons.
XIV. The legislature shall provide for a state board of chari-
ties, which shall visit and inspect all institutions, whether state,
county, municipal incorporated or not incorporated, which are of
a charitable, eleemosynary, correctional or reformatory character,
excepting only such institutions as are hereby made subject to the
visitation and inspection of either of the commissioners herein-
after mentioned, but including all reformatories except those in
which adult males convicted of felony shall be confined; a state
commission in lunacy, which shall visit and inspect all institu.
tions, either public or private, used for the care and treatment of
the insane (not including institutions for epileptics or idiots); a
APPENDIX II.
805
state commission of prisons, which shall visit and inspect all
institutions used for the detention of sane adults charged with or
convicted of crime, or detained as witnesses or debtors. (N. Y.
Cons. Art. 8, Sec. 11.)
1
Maintenance and support of inmates of charitable institutions.
XV. Nothing in this constitution contained shall prevent the
legislature from making such provision for the education and sup-
port of the blind, the deaf and dumb, and juvenile delinquents,
as to it may seem proper; or prevent any county, city, town or
village from providing for the care, support, maintenance and
secular education, of inmates of orphan asylums, homes for
dependent children or correctional institutions, whether under
public or private control. Payments by counties, cities, towns
and villages to charitable, eleemosynary, correctional and reforma-
tory institutions, wholly or partly under private control, for care,
support and maintenance, may be authorized, but shall not be
required by the legislature. No such payments shall be made for
any inmate of such institutions who is not received and retained
therein pursuant to rules established by the state board of chari-
ties. Such rules shall be subject to the control of the legislature
by general laws. (N. Y. Cons. Art. 8, Sec. 14.)
(a) It seems that the purpose of this section was to provide that pay-
ments by municipalities for the support of inmates of charitable and
reformatory institutions not wholly public, should under no circum-
stance be compulsory, but permissible, provided the inmates were
l'eceived and retained under the rules of the state board of charities.
People ex rel. Wayside Home v. Supervisors of Kings, 12 Misc., 187; S. C.,
67 N. Y. State Rep. 265; 33 N. Y. Supp. 602; People ex rel. Inebriates'
Home v. City of Brooklyn, 11 App. Div. 114.
(b) This section operates directly upon existing and subsequent legis-
lation, but it has no retrospective effect. Id.
(c) The New York Institution for the Blind is not a charitable or elee-
mosynary institution within the meaning of this section, and is not
subject to the jurisdiction or rules of the state board of charities. The
superintendent of public instruction alone has the right of visitation over
this institution. People ex rel. N. Y. Inst. for the Blind v. Fitch, 16 Misc.,
464; s. C., 39 N. Y. Supp. 926, where the meaning of charitable institu-
tions is fully considered.
Sheriffs, clerks of counties, district attorneys and registers; governor
may remove.
XVI. Sheriffs, clerks of counties, district attorneys, and regis-
ters in counties having registers, shall be chosen by the electors
the respective counties, once in every three years and as often
806
APPENDIX II.
as vacancies shall happen, except in the counties of New York
and Kings, and in counties whose boundaries are the same as
those of a city, where such officers shall be chosen by the electors
once in every two or four years as the legislature shall direct.
Sheriffs shall hold no other office, and be ineligible for the next
term after the termination of their offices. They may be required
by law to renew their security, from time to time; and in default
of giving such new security, their offices shall be deemed vacant.
But the county shall never be made responsible for the acts of
the sheriff. The governor may remove any officer, in this section
mentioned, within the term for which he shall have been elected;
giving to such officer a copy of the charges against him, and an
opportunity of being heard in his defense. (N. Y. Cons. Art. 10,
Sec. 1.)
(a) Where the constitution provides for the appointment to an office
in a particular manner, the legislature has no power to create a new
office for the performance of the same or the principal part of the same
duties, and to direct the appointment to be made in another manner.
Warner v. The People, 2 Denio, 272; followed in People ex rel. McEwan v.
Keeler, 29 Hun, 175.
(0) An act which provides for compensating persons whose property
may be destroyed in consequence of mobs or riots is not in conflict with
the provision of this section, that a county shall never be made respon-
sible for the acts of the sheriff. Moody v. B'd of Supervisors of Niagara,
46 Barb. 659.
Appointment or election of city officers, not provided for by the consti-
tution.
XVII. All county officers, whose election or appointment is
not provided for by this constitution, shall be elected by the
electors of the respective counties or appointed by the boards of
supervisors, or other county authorities, as the legislature shall
direct. All city, town and village officers, whose election or
appointment is not provided for by this constitution, shall be
elected by the electors of such cities, towns and villages, or of
some division thereof, or appointed by such authorities thereof,
as the legislature shall designate for that purpose. All other
officers, whose election or appointment is not provided for by
this constitution, and all officers, whose offices may hereafter be
created by law shall be elected by the people, or appointed, as
the legislature may direct. (N. Y. Cons., Art. 10, Sec. 2.)
(a) County officers within the meaning of this section are such as are
elected or appointed for a county, and are required to reside in and per
form their duties in the county. City, town, or village officers are such as
APPENDIX II.
807
unite the same requisites in respect to their localities. Matter of Whiting,
2 Barb. 513, 517; followed in Matter of Carpenter, 7 Barb. 30.
(6) The health officer of the city and county of New York is neither
a city nor county officer within the meaning of this section. Matter of
Whiting, 2 Barb. 513, 517.
(c) The board of fire examiners in the city of New York are not city
oficers within the meaning of this section. Fire Dept. v. Steamship Co.,
106 N. Y. 566.
(d) The president pro tem. of a board of supervisors is a “county
officer” of the county in which he resides, within the meaning of this
section. Matter of Carboy, 27 Hun, 82.
(e) The provision of this section reserving to the local authorities the
right to elect or appoint county or city officers, refers solely to officers in
existence at the time of its adoption. People ex rel. Wood v. Draper, 15
N. Y. 532; People v. Pickney, 32 Id. 377; Fire Dept. v. Steamship Co., 106
Id. 566; Sun Printing and Publishing Co. v. The Mayor, 8 App. Div. 230;
&. C., 40 N. Y. Supp. 607; People v. Raymond, 37 N. Y. 428; Hequenbourgh
v. Dunkirk, 49 Hun, 550; Sturgis v. Stafford, 45 N. Y. 446.
(f) As to officers whose office has been created after the adoption of the
constitution, the power of the legislature is unrestricted, and they may
be elected or appointed in such manner as the legislature may direct. Id.
(g) To take a case out of the provision of this section, it is not enough
that the names of officers, existing when the constitution was adopted,
are afterwards changed by an act of the legislature, or that their func-
tions are colorably modified or their powers enlarged. The constitutional
right of local self-government cannot be evaded by a change in the name
of an office, nor can an office be divided and the duties assigned to two or
more officers of different names. People ex rel. Bolton v. Alberton, 55
N. Y. 50. See People v. Pickney, 32 Id. 382; following People ex rel. Wood
1. Draper, 15 Id. 532; People v. Raymond, 37 Id. 428.
(h) Instances in which it has been held that the duties devolved upon
a new office were, or were not the same as those of an office existing at
the time of the adoption of the constitution: People ex rel. Kingsland v.
Palmer, 52 N. Y. 83; Astor v. The Mayor, 62 Id. 567; Fire Dept. v. Steam-
ship Co., 106 Id. 577; People ex rel. Kilmer v. MacDonald, 69 Id. 362.
(i) Under this section, the legislature cannot extend the term of a town
or city officer after his election, since that would virtually be an appoint-
ment to the office during the period of extension. The legislature cannot
appoint town officers; they must be either elected by the'people of the
town or appointed by such town authorities as the legislature may desig-
nate for that purpose. The power of appointment in such cases cannot
be directly exercised by the legislature, nor indirectly by extending the
term of a town officer after his election. It may, of course, enlarge the
official terms of town officers, but such action can operate only upon
cificers thereafter elected. Where the office is to be filled by one author-
ity and the duration of the term is to be determined by another the
declaration of such duration must go before the filling, so that each
authority may have its legitimate exercise. People ex rel. Le Roy v.
Foley, 148 N. Y. 677.
(1) An act transferring power from one body of local officers to another
hical body is not in violation of this section. Matter of Lester, 21
Ina
Hun, 130.
808
APPENDIX II.
(k) This section does not restrain the power of the legislature to create
new civil divisions or districts for the general and permanent purposes of
civil government, which recognize and do not abolish the established
divisions into counties, towns and cities, and to appoint officers of the
district thus organized, whether the offices, whose functions they are to
discharge were created before or since the constitution. People v. Pick-
ney, 32 N. Y. 382; People ex rel. Wood v. Draper, 15 Id. 532. Compare
People ex rel. Bolton v. Albertson, distinguishing and limiting the two
last cited cases, 55 N. Y. 50.
(1) The scope and effect of this section considered in discussing the
validity of legislation providing for minority representation in appoint-
ments, and the authorities reviewed: People ex rel. Rathbone v. Wirth,
150 N. Y. 459.
Duration of term of office.
XVIII. When the duration of any office is not provided by
this constitution, it may be declared by law, and if not so
declared, such office shall be held during the pleasure of the
authority making the appointment. (N. Y. Cons. Art. 10, Sec. 3.)
(a) When the duration is once declared by law the legislature cannot
extend the term of the office so as to effect the present incumbent.
People v. Bull, 46 N. Y. 57; People ex rel. Le Roy v. Foley, 148 Id. 677.
(6) Where the power of appointment is conferred in general terms the
power of removal at will by the appointing power exists, unless limited
by some other provision of law. People ex rel. McCullough v. Cram, 15
Misc., 12; s. C., 36 N. Y. Supp. 1117; 72 N. Y. State Rep. 266; People v.
Robt., 126 N. Y. 180.
(c) The provision of this section which declares that, where the dura-
tion of an office is not provided by the constitution or declared by law,
“ such office shall be held during the pleasure of the authority making
the appointment,” applies only when the power of appointment is con-
tinuous, and does not apply where such power is specifically declared by
statute to be exercised by a certain officer, and not to one who at some
future time may be an incumbent of that office. Bergen v. Powell, 94
N. Y. 591
12
Classification of cities; general and special city laws; bills for same;
how passed by legislature and acceptance by city.
XIX. All cities are classified according to the latest state enu-
meration, as from time to time made, as follows: The first class
includes all cities having a population of two hundred and fifty
thousand, or more; the second class, all cities having a population
of fifty thousand and less than two hundred and fifty thousand;
the third class, all other cities. Laws relating to the property,
affairs or government of cities, and the several departments
thereof, are divided into general and special city laws; general
city laws are those which relate to all the cities of one or more
$
APPENDIX II.
809
classes ; special city laws are those which relate to a single city, or
to less than all the cities of a class. Special city laws shall not be
passed except in conformity with the provisions of this section.
After any bill for a special city law, relating to a city, has been
passed by both branches of the legislature, the house in which it
originated shall immediately transmit a certified copy thereof to the
mayor of such city, and within fifteen days thereafter the mayor
shall return such bill to the house from which it was sent, or if
the session of the legislature at which such bill was passed has
terminated, to the governor, with the mayor's certificate thereon,
stating whether the city has or has not accepted the same.
In every city of the first class, the mayor, and in every other
city, the mayor and the legislative body thereof concurrently,
shall act for such city as to such bill; but the legislature may
provide for the concurrence of the legislative body in cities of the
first class. The legislature shall provide for a public notice and
opportunity for a public hearing concerning any such bill in every
city to which it relates, before action thereon. Such a bill, if it
relates to more than one city, shall be transmitted to the mayor
of each city to which it relates, and shall not be deemed accepted
unless accepted as herein provided, by every such city. When-
ever any such bill is accepted as herein provided, it shall be sub-
ject as are other bills, to the action of the governor. Whenever,
during the session at which it was passed, any such bill is returned
without the acceptance of the city or cities to which it relates, or
within such fifteen days is not returned it may nevertheless again
be passed by both branches of the legislature, and it shall then be
subject as are other bills, to the action of the governor. In every
special city law which has been accepted by the city or cities to
which it relates, the title shall be followed by the words “accepted
by the city,” or “cities,” as the case may be, in every such law
which is passed without such acceptance, by the words “passed
without the acceptance of the city,” or “cities," as the case may
be.. (N. Y. Cons. Art. 12, Sec. 2.)
.. (a) By Laws 1895, ch. 9, the proceedings before the mayor pursuant to
this section are provided for as follows:
Notice to be given by mayor as to bill affecting the city.
SECTION 1. Whenever a certified copy of any bill for a special city law
be transmitted to the mayor of any city of the first class, pursuant
De provisions of the second section of the twelfth article of the consti-
wallon of this state, the said mayor shall forthwith, upon the receipt
eot, fix a day for a public hearing in such city concerning such bill,
810
APPENDIX II.
and shall give public notice of the time and place of such hearing, by
publishing said notice for two successive days in two daily newspapers
published in said city and designated by him. Said notice shall also con-
tain the title of the bill and any explanatory statement concerning the
same which the mayor shall deem advisable.
Id.; hearing.
$ 2. The mayor shall attend at the time and place appointed for such
hearing, and shall afford an opportunity for a public hearing concerning
such bill.
Id.; when and how bill to be returned by mayor; contents of certificate.
§ 3. After such hearing, and within fifteen days after the transmission
to him of a certified copy of such bill, the said mayor shall return the
same to the house from which it was sent, or if the session of the legis-
lature at which such bill was passed has terminated, to the governor,
with the mayor's certificate thereon stating whether the city has or has
not accepted the same. The mayor shall also append to said certified
copy of such bill a further certificate stating that the public notice herein
provided for has been given, and that an opportunity for a public hear-
ing concerning such bill has been afforded, pursuant to the provisions of
this act, and such certificate shall be conclusive evidence thereof.
Id.; duties of clerk on return of mayor's certificate; indorsement on
bill.
4. The clerk of the house in which such bill originated shall indorse
upon the original bill to be presented to the governor, and upon the certi-
fied copy thereof to be transmitted to the mayor, the date of such trans-
mission. The said clerk, if the certified copy of said bill is returned to
the house in which the bill originated, or the governor, if said certified
copy is returned to him, shall indorse the date of such return upon the
said original bill and also upon said certified copy thereof. In every case
in which a bill for a special city law has been accepted by the city or
cities to which it relates, the certified copy or copies thereof transmitted
to the mayor or mayors of said city or cities and returned by him or
them, with the certificates indorsed thereon or appended thereto, shall be
attached to the original bill and presented therewith to the governor.
Id.; expenses of hearing, etc., to be a city charge; appropriation there-
for.
§ 5. The expense incurred by the mayor of any city of the first class
in complying with the requirements of this act shall be a public charge,
and shall be paid out of any fund or appropriation applicable thereto,
and if, in any of such cities, there is no fund or appropriation applicable,
no such payment in the year eighteen hundred and ninety-five, then alt
in that case the board or body in such city charged with the duty of est
mating the amounts required to pay the expenses of conducting the
public business of said city, shall, within thirty days after the passar
of this act, meet and estimate the amount necessary to be expended
the mayor of said city under the provisions of this act during the y
APPENDIX II.
811
eighteen hundred and ninety-five, and the amount so estimated shall be
added to and become a part of the final estimate of the amounts required
to pay the expense of conducting the public business of said city during
said year, and shall be collected by a tax upon the estates, real and
personal, subject to taxation in said city.
Election of city officers, when to be held; extension and abridgment of
terms.
XX. All elections of city officers, including supervisors and
judicial officers of inferior local courts, elected in any city or part
of a city, and of county officers elected in the counties of New
York and Kings, and in all counties whose boundaries are the
same as those of a city, except to fill vacancies, shall be held on
the Tuesday succeeding the first Monday in November in an
odd-numbered year, and the term of every such officer shall
expire at the end of an odd-numbered year. The terms of office
of all such officers elected before the first day of January, one
thousand eight hundred and ninety-five, whose successors have
not then been elected, which under existing laws would expire
with an even-numbered year, or in an odd-numbered year and
before the end thereof, are extended to and including the last
day of December next following the time when such terms would
otherwise expire; the terms of office of all such officers, which
under existing laws would expire in an even-numbered year, and
before the end thereof, are abridged so as to expire at the end of
the preceding year. This section shall not apply to any city of
the third class, or to elections of any judicial officer, except
judges and justices of inferior local courts. (N. Y. Cons. Art.
12, Sec. 3.)
APPENDIX III.
ASSEMBLY DISTRICTS OF THE CITY OF NEW YORK REFERRED TO
IN § 19 OF GREATER NEW YORK CHARTER.
Certificate of apportionment by Common Council of New York County
into Assembly Districts on June 11, 1895, pursuant to State Constitution,
art. 3, § 5, filed in New York County Clerk's office June 13, 1895:
“IN COMMON COUNCIL.
Resolved, That the County of New York be apportioned into thirty-five
Assembly Districts, bounded and described as follows:
First Assembly District.
Assembly District Number One shall consist of that portion of the
Tenth Senate District within and bounded by a line beginning at the
Hudson or North river and Canal street, running thence along Canal
street to Hudson street, to Dominick street, to Varick street, to Broome
street, to Sullivan street, to Spring street, to Broadway, to Fulton street,
to William street, to Wall street, to Broadway, to Whitehall street, to the
East river and East and Hudson or North river, to the place of begin.
ning, and also Governor's and Bedloe's Islands; also Ellis Island. Citizen
population, 39,740.
Second Assembly District.
Assembly District Number Two shall consist of that portion of the
Tenth Senate District within and bounded by a line beginning at the East
river and Whitehall street, running thence along Whitehall street !
Broadway, to Wall street, to William street, to Fulton street, to Broala
way, to Canal street, to the Bowery, to Division street, to Market stretl,
to Monroe street, to Catharine street, to the East river, to the place on
beginning. Citizen population, 39,785.
Third Assembly District.
Assembly District Number Three shall consist of all that part
Thirteenth Senate District within and bounded by a line beginning a
North or Hudson river and Canal street, to Hudson street, to Do
street, to Varick street, to Broome street, to Sullivan street, to
Houston street, to Varick street, to Carmine street, to Sixth aven
West Eleventh street, to Greenwich avenue, to Perry street, to !
place, to Charles street, to West street, to place of beginning. Popula.
38,544. (See re-apportionment Sept. 30, 1895, post.)
street, to Dominick
West
je
to
APPENDIX III.
813
Fourth Assembly District.
Assembly District Number Four shall consist of that portion of the
Tenth Senate District within and bounded by a line beginning at the East
river and Catharine street, and running thence along Catharine street, to
Monroe street, to Market street, to Division street, to Grand street, to
Jackson street, to the East river, to the place of beginning. Citizen
population, 40,427.
Fifth Assembly District.
Assembly District Number Five shall consist of all that portion of the
Thirteenth Senate District within and bounded by a line beginning at
Sullivan street and Spring street, and along Spring street to Broadway,
to East Fourth street, to Third avenue, to Fourteenth street, to Sixth
avenue, to West Fifteenth street, to Seventh avenue, to West Nineteenth
street, to Eighth avenue, along Eighth avenue to Greenwich avenue, to
West Eleventh street, to Sixth avenue, to Carmine street, to Varick street,
tu West Houston street, to Sullivan street, to Spring street, to the place
of beginning. Population, 38,419. (See re-apportionment Sept. 30, 1895,
post.)
Sixth Assembly District.
Assembly District Number Six shall consist of that portion of the
Fleventh Senate District within and bounded by a line beginning at
Canal street and Broadway, and running thence along Broadway to East
Fourth street, to the Bowery, to Third avenue, to St. Mark's place or
Eighth street, to Second avenue, to Second street, to First avenue, to
Houston street, to Eldridge street, to Stanton street, to Chrystie street,
to Division street, to the Bowery, to Canal street, to the place of begin-
ning. Citizen population, 39,410.
Seventh Assembly District.
Assembly District Number Seven shall consist of that portion of the
Thirteenth Senate District within and bounded by a line beginning at the
North or Hudson river, along Charles street to Waverley place, to Perry
street, to Greenwich avenue, to Eighth avenue, to West Twentieth street,
along West Twentieth street to Hudson or North river, to the place of
beginning. Population, 38,497. (See re-apportionment Sept. 30, 1895,
post.)
Flere
Eighth Assembly District.
Assembly District Number Eight shall consist of that portion of the
enth Senate District within and bounded by a line beginning at
sion and Chrystie streets, and running thence along Chrystie street
vanton street, to Eldridge street, to Houston street, to Ludlow street,
oome street, to Norfolk street, to Division street, to the place of
beginning. Citizen population, 38,781.
Division
to Stan
to By
Ninth Assembly District.
sembly District Number Nine shall consist of that portion of the
leenth Senate District within and bounded by a line beginning at the
814
APPENDIX III.
Hudson or North river and West Twentieth street, and running thence
along West Twentieth street to Eighth avenue, to West Nineteenth street,
to Seventh avenue, to West Thirtieth street, to the Hudson or North river.
to the place of beginning. Citizen population, 39,495.
Tenth Assembly District.
Assembly District Number Ten shall consist of that portion of the
Eleventh Senate District within and bounded by a line beginning at
Second street and Second avenue, and running thence along Second ave-
nue to St. Mark's place or Eighth street, to Avenue A, to Seventh street,
to Avenue B, to Clinton street, to Rivington street, to Norfolk street, to
Broome street, to Ludlow street, to Houston street, to First avenue, to
Second street, to the place of beginning. Citizen population, 39,108.
Eleventh Assembly District.
Assembly District Number Eleven shall consist of that portion of the
Sixteenth Senate District within and bounded by a line beginning at
Seventh avenue and West Thirtieth street, and running thence along
Seventh avenue to West Thirty-seventh street, to Eighth avenue, to West
Thirty-eighth street, to Tenth avenue, to West Thirty-sixth street, to
Hudson or North river, to West Thirtieth street, to the place of begin-
ning. Citizen population, 39,868.
Twelfth Assembly District.
Assembly District Number Twelve shall consist of that portion of the
Twelfth Senate District within and bounded by a line beginning at the
East river and Jackson street, and running thence along Jackson street,
to Grand street, to Division street, to Norfolk street, to Rivington street,
to Cannon street, to Stanton street, to the East river, to the place of
beginning. Citizen population, 41,871.
Thirteenth Assembly District.
Assembly District Number Thirteen shall consist of that portion of the
Sixteenth Senate District within and bounded by a line beginning at the
Fludson or North river and West Thirty-sixth street, and running thence
along West Thirty-sixth street to Tenth avenue, to West Thirty-eighth
street, to Eighth avenue, to West Thirty-seventh street, to Seventh ave-
nne, to West Fortieth street, to Eighth avenue, to West Forty-third street,
to Tenth avenue, to West Forty-sixth street, to the Hudson or Nort
river, to the place of beginning. Citizen population, 39,554.
Fourteenth Assembly District.
Assembly District Number Fourteen shall consist of that portion of the
Twelfth Senate District within and bounded by a line beginning att
East river and East Eleventh street, and running thence along
Eleventh street to Avenue C, to Seventh street, to Avenue A, to St. Ma
place or Eighth street, to Third avenue, to Fourteenth street, to the
river, to the place of beginning. Citizen population, 40,697.
f the
'S
APPENDIX III.
815
Fifteenth Assembly District.
Assembly District Number Fifteen shall consist of that portion of the
Seventeenth Senate District within and bounded by a line beginning at
the Hudson or North river and West Forty-sixth street, and running
thence along West Forty-sixth street, to Tenth avenue, to West Forty-
third street, to Eighth avenue, to West Fifty-third street, to Ninth avenue,
to West Fiftieth street, to Tenth avenue, to West Forty-ninth street, to
the Hudson or North river, to the place of beginning. Citizen population,
39,217.
Sixteenth Assembly District.
Assembly District Number Sixteen shall consist of that portion of the
Twelfth Senate District within and bounded by a line beginning at the
East river and Stanton street, and running thence along Stanton street,
to Cannon street, to Rivington street, to Clinton street, to Avenue B, to
Seventh street, to Avenue C, to East Eleventh street, to the East river, to
the place of beginning. Citizen population, 41,264.
Seventeenth Assembly District.
Assembly District Number Seventeen shall consist of that portion of
the Seventeenth Senate District within and bounded by a line beginning
at the Hudson or North river and West Forty-ninth street, and running
thence along West Forty-ninth street, to Tenth avenue, to West Fiftieth
street, to Ninth avenue, to West Fifty-third street, to Eighth avenue, to
West Sixty-first street, to Ninth or Columbus avenue, to West Sixtieth
street, to the Hudson or North river, to the place of beginning. Citizen
population, 39,086.
Eighteenth Assembly District.
· Assembly District Number Eighteen shall consist of that portion of the
Fourteenth Senate District within and bounded by a line beginning at
the East river and East Fourteenth street, and running thence along East
Fourteenth street to Irving place, to East Nineteenth street, to Third
avenue, to East Twenty-third street, to Second avenue, to East Twenty-
fifth street, to First avenue, to East Twenty-sixth street, to the East
river, to the place of beginning. Citizen population, 40,051.
Nineteenth Assembly District.
Assembly District Number Nineteen shall consist of that portion of the
Seventeenth Senate District within and bounded by a line beginning at
be Hudson or North river and West Sixtieth street, and running thence
dong West Sixtieth street, to Ninth or Columbus avenue, to West Sixty-
st street, to Eighth avenue, to West. Eighty-first street, to Ninth or
Columbus avenue, to West Eighty-sixth street, to Tenth or Amsterdam
avenue, to West Eighty-ninth street, to the Hudson or North river, to the
place of beginning. Citizen population, 39,120. .
Twentieth Assembly District.
Assembly District Number Twenty shall consist of that portion of the
fourteenth Senate District within and bounded by a line beginning at the
As
816
APPENDIX III.
East river and East Twenty-sixth street, and running thence along East
Twenty-sixth street to First avenue, to East Twenty-fifth street, to
Second avenue, to East Twenty-third street, to Lexington avenue, to East
Thirty-ninth street, to Third avenue, to East Thirty-seventh street, to
Second avenue, to East Thirty-eighth street, to the East river, to the place
of beginning. Citizen population, 40,292.
Twenty-first Assembly District.
Assembly District Number Twenty-one shall consist of that portion of
the Nineteenth Senate District within and bounded by a line beginning
at the Hudson or North river and West Eighty-ninth street, and running
thence along West Eighty-ninth street to Tenth or Amsterdam avenue,
to West Eighty-sixth street, to Ninth or Columbus avenue, to West
Eighty-first street, to Eighth avenue, to Ninety-seventh street and the
Transverse road across Central Park at Ninety-seventh street, to Fifth
avenue, to West One Hundred and Tenth street, to Seventh avenue, to
West One Hundred and Twentieth street, to Western Boulevard, to West
One Hundred and Nineteenth street, to the Hudson or North river, to the
place of beginning. Citizen population, 39,721.
Twenty-second Assembly District.
· Assembly District Number Twenty-two shall consist of that portion of
the Fourteenth Senate District within and bounded by a line beginning
at the East river and East Thirty-eighth street, and running thence along
East Thirty-eighth street to Second avenue, to East Thirty-seventh street,
to Third avenue, to East Thirty-ninth street, to Lexington avenue, to East
Fifty-third street, to Third avenue, to East Fifty-second street, to the
East river, to the place of beginning. Citizen population, 39,514.
Twenty-third Assembly District.
Assembly District Number Twenty-three shall consist of that portion of
the Nineteenth Senate District within and bounded by a line beginning
at the Hudson or North river and West One Hundred and Nineteenth
street, and running thence along the Hudson or North river and Spuyten
Duyvil creek around the northern end of Manhattan Island; thence south-
erly along the Harlem river to the north end of Fifth avenue; thence
along Fifth avenue to West One Hundred and Thirty-fourth street, to
Eighth avenue, to West One Hundred and Twentieth street, to Western
Boulevard, to West One Hundred and Nineteenth street, to the place of
beginning. Citizen population, 39,114.
Twenty-fourth Assembly District.
Assembly District Number Twenty-four shall consist of that portion 01
the Eighteenth Senate District within and bounded by a line beginning
at the East river and East Fifty-second street, and running thence aloils
Fast Fifty-second street, to Third avenue, to East Fifty-third street,
Lexington avenue, to East Sixty-fourth street, to Third avenue, to be
Sixty-fifth street, to the East river, to the place of beginning, and we
Blackwell's Island. Citizen population, 39,463.
ind also
APPENDIX III.
817
Twenty-fifth Assembly District.
Assembly District Number Twenty-five shall consist of that portion of
the Fifteenth Senate District within and bounded by a line beginning at
West Fifteenth street and Seventh avenue, and running thence along
Seventh avenue to West Thirty-sixth street, to Lexington avenue, to East
Twenty-third street, to. Third avenue, to East Nineteenth street, to Irving
place, to East Fourteenth street, to West Fourteenth street, to Sixth ave-
nue, to West Fifteenth street, to the place of beginning. Citizen
population, 39,932.
the Eighteenth Senate District within and bounded by a line beginning
at the East river and East Sixty-fifth street, and running thence along
East Sixty-fifth street, to Third avenue, to East Sixty-fourth street, to
Lexington avenue, to East Seventy-fifth street, to Third avenue, to East
Seventy-sixth street, to the East river, to the place of beginning. Citizen
population, 39,383.
Twenty-seventh Assembly District.
Assembly District Number Twenty-seven shall consist of that portion
of the Fifteenth Senate District within and bounded by a line beginning
at West Thirty-sixth street and Seventh avenue, and running thence
along Seventh avenue to West Fortieth street, to Eighth avenue, to West
Fifth-third street, to Fifth avenue, to East Fifty-fourth street, to Lexing-
ton avenue, to East Thirty-sixth street, to West Thirty-sixth street, to
Twenty-eighth Assembly District.
Assembly District Number Twenty-eight shall consist of that portion
of the Eighteenth Senate District within and bounded by a line beginning
at the East river and East Seventy-sixth street, and running thence along
Fast Seventy-sixth street to Third avenue, to East Seventy-fifth street,
to Lexington avenue, to East Eighty-fourth street, to Second avenue, to
East Eighty-third street, to the East river, to the place of beginning.
Citizen population, 39,727.
Twenty-ninth Assembly District.
Assembly District Number Twenty-nine shall consist of that portion of
the Fifteenth Senate District within and bounded by a line beginning at
sast Fifty-fourth street and Lexington avenue, and running thence along
vexington avenue to East Ninety-sixth street, to Fifth avenue, to East
nety-seventh street and the Transverse road across Central Park, at
th avenue, to East Fifty-fourth street, to the place of beginning.
Citizen population, 39,738.
Thirtieth Assembly District.
ssembly District Number Thirty shall consist of that portion of the
wentieth Senate District within and bounded by a line beginning at the
52
818
APPENDIX III.
East river and East Eighty-third street, and running thence along East
Eighty-third street to Second avenue, to East Eighty-fourth street, to
Lexington avenue, to East Ninety-second street, to Third avenue, to East
Ninety-fourth street, to the East river, to the place of beginning. Citizen
population, 39,499.
Thirty-first Assembly District.
Assembly District Number Thirty-one shall consist of that portion of
the Nineteenth Senate District within and bounded by a line beginning
at West One Hundred and Tenth street and Seventh avenue, and running
thence along Seventh avenue to West One Hundred and Twentieth street,
to Eighth avenue, to West One Hundred and Thirty-fourth street, to Fifth
avenue, to East One Hundred and Twenty-ninth street, to Fourth or Park
avenue, to East One Hundred and Tenth street, to West One Hundred and
Tenth street, to the place of beginning. Citizen population, 39,142.
Thirty-second Assembly District.
Assembly District Number Thirty-two shall consist of that portion of
the Twentieth Senate District within and bounded by a line beginning at
the East river and East Ninety-fourth street, and running thence along
East Ninety-fourth street to Third avenue, to East Ninety-second street,
to Lexington avenue, to East Ninety-sixth street, to Fifth avenue, to East
One Hundred and Tenth street, to Madison avenue, to East One Hundred
and Eighth street, to the Harlem river, to the place of beginning, and
also Ward's Island. Citizen population, 39,384.
Thirty-third Assembly District. .
Assembly District Number Thirty-three shall consist of that portion of
the Twentieth Senate District within and bounded by a line beginning at
the Harlem river and East One Hundred and Eighth street, and running
thence along East One Hundred and Eighth street, to Madison avenue, to
East One Hundred and Tenth street, to Fourth or Park avenue, to East
One Hundred and Nineteenth street, to the Harlem river, to the place of
beginning, and also Randall's Island. Citizen population, 38,751.
nd
Thirty-fourth Assembly District.
Assembly District Number Thirty-four shall consist of that portion of
the Twenty-first Senate District within and bounded by a line beginning
at the Harlem river and East One Hundred and Nineteenth street, and
running thence along East One Hundred and Nineteenth street, to Fourth
or Park avenue, to East One Hundred and Twenty-ninth street, to flt
avenue, to the Harlem river, to the place of beginning, together with t.
portion of the Twenty-third Ward of the City of New York within
bounded by a line beginning at the Harlem river and East One Hund
and Forty-ninth street, and running thence along East One Hundred
Forty-ninth street, to Railroad avenue, to East One Hundred and forly
sixth street, to Third avenue, to East One Hundred and Forty-nille
street, to Bungay street, to the East river or Long Island Sound, to bro
Kills, to Harlem river, to the place of beginning, and also North Broth
Island. Citizen population, 51,322.
Brons
ther's
APPENDIX III.
819
Thirty-fifth Assembly District.
Assembly District Number Thirty-five shall consist of all that part of
the Twenty-third and Twenty-fourth Wards of the City and County of
New York lying within the Twenty-first Senate District, not hereinbefore
bounded and described. Citizen population, 50,642.
Adopted by the Board of Aldermen June 11, 1895, a majority of all the
members elected voting in favor thereof.
WM. H. TEN EYCK,
Clerk of Common Council.”
The New York Supreme Court by order set aside the apportionment of
the Assembly Districts lying in the Thirteenth Senate District of the
County of New York as above mentioned, and required the Board of
Aldermen to re-convene on September 30, 1895, and re-apportion the Thir-
teenth Senate District, which re-apportionment was accordingly made on
date last mentioned as by following resolution, which was filed in New
York County Clerk's office Sept. 30, 1895, viz.:
Resolved, That District Number Three shall consist of that portion of
the Thirteenth Senate District within and bounded by a line beginning
at the intersection of Broadway and West Third street, and running
along West Third street to Sixth avenue, to Cornelia street, to Bleecker
street, to Grove street, to Hudson street, to Barrow street, to the Hudson
or North river, to Canal street, to Hudson street, to Dominick street, to
Varick street, to Broome street, to Sullivan street, to Spring street, to
Broadway, to the place of beginning. Citizen population, 38,333.
District Number Five shall consist of that portion of the Thirteenth
Senate District within and bounded by a line beginning at the inter-
section of Third avenue and East Fourteenth street, and running along
East Fourteenth street to Sixth avenue, to Fifteenth street, to Seventh
avenue, to Thirteenth street, to Horatio street, to Eighth avenue, to Hud-
son street, to Grove street, to Bleecker street, to Cornelia street, to Sixth
avenue, to West Third street, to Broadway, to West Fourth street, to East
l'ourth street, to Third avenue, to the place of beginning. Citizen popu-
lation, 38,246.
District Number Seven shall consist of that portion of the Thirteenth
Senate District within and bounded by a line beginning at the intersec-
tion of Seventh avenue and West Nineteenth street, and running thence
along Seventh avenue to West Thirteenth street, to Horatio street, to
Eighth avenue, to Hudson street, to Barrow street, to the Hudson or
North river, to West Twentieth street, to Eighth avenue, to West Nine-
teenth street, to the place of beginning. Citizen population, 38,881.
ASSEMBLY DISTRICTS OF THE CITY OF BROOKLYN REFERRED TO
. IN § 19 OF GREATER NEW YORK CHARTER.
Certificate of apportionment by Board of Supervisors of Kings County
and the Common Council of the City of Brooklyn of Kings County into
assembly Districts on June 11, 1895, pursuant to State Constitution, Art. 3,
Section 5, filed in Kings County Clerk's office June 23, 1895:
820
APPENDIX III.
“STATE OF NEW YORK:
CHAMBER OF THE BOARD. OF SUPERVISORS OF THE COUNTY OF KINGS.
BROOKLYN, June 11, 1895.
This certifies and witnesses on the day and date above written that the
Common Council of the City of Brooklyn and the Board of Supervisors of
the County of Kings did assemble in joint session, pursuant to the pro-
visions of the Constitution of the State of New York, Article 3, Section 5,
and did divide said County of Kings into twenty-one Assembly Districts,
as required by said Constitution, as hereinafter described as follows, viz.:
Be it Resolved, this Eleventh day of June, one thousand eight, hundred
and ninety-five, pursuant to the provisions of Article 3, Section 5, of the
Constitution of the State of New York, by the Common Council of the
City of Brooklyn, and the Board of Supervisors of the County of Kings,
assembled in Joint Session, that it be and is hereby determined and
decided to divide said County into Twenty-one Assembly Districts, num-
bered from one (1) to twenty-one (21) inclusively, as apportioned by said
Article and Section of the Constitution, and that the number of each
Assembly District, its boundaries, and the number of inhabitants, exclud-
ing aliens, of each said Assembly Districts, according to the State
enumeration of one thousand eight hundred and ninety-two, so far as
may be, are ascertained and declared to be as hereinafter stated, as
follows, viz.:
First Assembly District.
Beginning at a point" on the boundary line of the County of Kings
formed by the junction of a line drawn in continuation of the center line
of Atlantic avenue, in the City of Brooklyn, thence easterly to the center
of Henry street, thence southerly to the center of Amity street, thence
easterly to the center of Court street, thence southerly to the center of
Bergen street, thence easterly to the center of Fourth avenue, thence
northerly to the center of Flatbush avenue, thence northwesterly to the
center of Fulton street, thence westerly, and northerly, and westerly to
the center of Hicks street, thence southerly to the center of Poplar street,
thence westerly to the center of Willow street, thence southerly to the
center of Middagh street, thence westerly to the center of Columbia
heights, thence northerly to the center of Doughty street, thence westerly
to the center of Furman street, thence northerly to the center of Fulton
street, thence westerly to the boundary line of the County of Kings on
the East River, thence southerly to the point of beginning.
The said First Assembly District, herein before described, comprises
part of the First Ward, the Third Ward, and part of the Sixth Ward, Ol
the City of Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as máy be, Thirty,
nine thousand one hundred and thirty-three (39,133).
Second Assembly District.
Beginning at a point on the boundary line of the County of Kings
APPENDIX III.
821
on the East River, formed by the junction of a line drawn in continuation
of the center line of Fulton street, running thence easterly along the
center of Fulton street to the center of Furman street, thence southerly
to the center of Doughty street, thence easterly to the center of Columbia
Heights, thence southerly to the center of Middagh street, thence east-
erly to the center of Willow street, thence northerly to the center of
Poplar street, thence easterly to the center of Hicks street, thence north-
erly to the center of Fulton street, thence easterly, southerly and easterly
to the center of Bridge street, thence northerly to the center of Johnson
street, thence easterly to the center of Navy street, thence northerly to
the boundary line of the United States Navy Yard, thence northerly along
said boundary line to a point on the boundary line of the County of
Kings on the East River; thence along said boundary line westerly to the
place of beginning.
The said Second Assembly District, hereinbefore described, comprises
the Second Ward, the Fourth Ward, the Fifth Ward, and part of the First
Ward, of the City of Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, Thirty-
eight thousand nine hundred and fifty-eight (38,958).
Third Assembly District.
Beginning at a point on the boundary line of the County of Kings on
the East River, formed by the junction of a line drawn in continuation
of the center line of Atlantic avenue, running thence easterly along the
center of Atlantic avenue, to the center of Henry street, thence southerly to
the center of Amity street, thence easterly to the center of Court street,
thence southerly to the center of Fourth place, thence westerly along the
center of Fourth place and Coles street to the center of Hamilton avenue,
thence northwesterly along the center line of Hamilton avenue to a point
on the boundary line of the County of Kings on the East River, thence
along the East River northerly to the place of beginning.
The said Third Assembly District, hereinbefore described, comprises
the Sixth Ward (except the Third Election District), of the City of
Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, Thirty-
nine thousand three hundred and eighty-two (39,382).
Fourth Assembly District.
Beginning at a point on the boundary line of the County of Kings
on the East River, on a line drawn through the center of Division avenue,
mence easterly along the center of Division avenue to a point where the
center line of Lee avenue forms a junction with the center line of Division
avenue, thence southeasterly to the center of Rodney street, thence south-
vesterly to the center of Bedford avenue, thence southeasterly and again
Merly to the center of Flushing avenue, thence easterly to the center
anford street, thence southerly to the center of Park avenue, thence
verly to the center of Nostrand avenue, thence southerly to the center
yrtle avenue, thence westerly to the center of Bedford avenue, thence
derly to the center of Brevort Place, thence westerly to the center of
west
SOU
of Sa
sout
822
APPENDIX III.
Franklin avenue, thence southerly to the center of Atlantic avenue, thence
westerly to the center of Washington avenue, thence to its junction with
the center of the Wallabout Canal, thence northwesterly to its point of
intersection with the boundary line of the county of Kings on the East
River, thence northerly to the place of beginning.
The said Fourth Assembly District, hereinbefore described, comprises
the Seventh Ward, part of the Nineteenth Ward, and part of Twenty-first
Ward of the City of Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, forty-
seven thousand five hundred and twenty-two (47,522)
Fifth Assembly District.
Beginning at a point on the boundary line of the County of Kings
on the East River, where the same would be intersected by the center line
of Grand street, running thence southeasterly to the center line of Rcd-
Iley street, thence southwesterly to the center line of Broadway, thence
southeasterly to the center line of Flushing avenue, thence westerly to
the center of Bedford avenue, thence northwesterly and again northwest-
erly to the center of Rodney street, thence northeasterly to the center of
I.ee avenue, thence northwesterly to the center of Division avenue, thence
westerly and again westerly to a point on the boundary line of the County
of Kings on the East River, thence northwesterly and northerly to the
place of beginning.
The said Fifth Assembly District, herein before described, comprises the
Thirteenth Ward and part of the Nineteenth Ward of the City of
Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, Forty.
eight thousand and seventy-five (48,075).
Sixth Assembly District.
Beginning at a point formed by the intersection of the center lines of
Lafayette avenue and Broadway, running thence northwesterly to the
center of Flushing avenue; thence westerly to the center of Sanford
street, thence southerly to the center of Park avenue, thence easterly to
the center of Nostrand avenue, thence southerly to the center of Myrtle
avenue, thence westerly to the center of Bedford avenue, thence southerly
to the center of Lafayette avenue, thence easterly along the center of
Lafayette avenue to the place of beginning.
The said Sixth Assembly District, hereinbefore described, comprises the
I'wenty-first Ward, except Election Districts 1, 2, and 3, of the City Ol
Brooklyn.
Number of inhabitants, excluding aliens, of the Election Districts,
according to the State enumeration of 1892, so far as may be, forty-eigt
thousand and thirty-three (48,033).
Seventh Assembly District.
· Beginning at a point on the Gowanus Canal, formed by the junction
a line drawn in continuation of the center line of Nineteenth stre
APPENDIX III.
823
thence southeasterly to the center of Third avenue, thence southwesterly
to the center of Twentieth street, thence southeasterly to the center of
Sixth avenue, thence southwesterly to the center of Twenty-third street,
thence southeasterly to the center of Seventh avenue, thence northeast-
erly to the center of Twentieth street, thence southeasterly along the
southerly side of Twentieth street, to a point distant one hundred feet
northwesterly from the corner formed by the intersection of the south-
erly side of Twentieth street with the westerly side of Ninth avenue,
thence southwesterly on a line parallel with and distant one hundred feet
from the westerly. side of Ninth avenue to the northerly line of Twenty-
first street, thence southeasterly along the northerly line of Twenty-first
.street to the westerly line of Ninth avenue, and thence northeastely along
the westerly line of Ninth avenue to the southerly side of Twentieth
street, thence southeasterly along the southerly side of Twentieth street
to the westerly line of Tenth avenue, thence southwesterly along the
westerly line of Tenth avenue to the southerly side of Twenty-second
street, as laid down on the Commissioners' map of the City of Brooklyn,
thence southeasterly along the southerly side of Twenty-second street,
as so laid down; thence again southerly to the boundary line separating
the City of Brooklyn from the former Town of Flatbush; thence westerly
and again northwesterly along said boundary line to its junction with the
boundary line separating the former Town of New Utrecht from the
City of Brooklyn; thence along said boundary line, first southerly and
following in all other directions along the boundary line separating the
Town of Flatlands and the former town of Gravesend; continuing along
the southerly boundary line of the County of Kings, formed by, or on
the water of the Atlantic Ocean, Gravesend Bay, the Narrows, New York
Bay, Gowanus Bay, the East River and Gowaņus Canal, to the place of
beginning
The said Seventh Assembly District, hereinbefore described, comprises
part of the Eighth Ward, the Thirtieth Ward and the Thirty-first Ward
of the City of Brooklyn.
Number of inhabitants, excluding aliens, of the Election Districts,
according to the State enumeration of 1892, so far as may be, thirty-
seven thousand, five hundred and fifty-nine (37,559).
Eighth Assembly District.
Beginning at a point formed by the junction of the center line of First
place with the center line of Court street, running thence southeasterly
along the center of First place to the center of Smith street, thence
Southwesterly to the center of Second street, thence southeasterly to the
- center of Bond street, thence northeasterly to the center of First street,
To the Gowanus Canal; thence easterly and northeasterly along the
Gowanus Canal to the center of First street, thence southeasterly to the
center of Fourth avenue, thence northeasterly to the center of Bergen
Street, thence northwesterly to the center of Court street, thence south-
Westerly along the center of Court.street to the place of beginning.
The said Eighth Assembly District, hereinbefore described, comprises
the Tenth Ward, except Election Districts 25, 26 and 27, of the City of
Brooklyn.
824
APPENDIX III.
Number of inhabitants, excluding aliens, of the Election Districts,
according to the State enumeration of 1892, so far as may be, thirty-eight
thousand, seven hundred and ninety-nine (38,799).
Ninth Assembly District.
Beginning at a point formed by the junction of the center line of First
place with the center line of Court street, running thence southeasterly
along the center of First place to the center of Smith street, thence
southwesterly to the center of Second street, thence southeasterly along
the center of Second street, to the center of Bond street, thence north-
easterly to the center of First street, thence along First street to its
intersection with Gowanus Canal, thence along Gowanus Canal in all its
directions to its intersection with Prospect avenue, thence southeasterly
along Prospect avenue to the center of Sixth avenue, thence south-
westerly to the center of Twentieth street, thence northwesterly to the
center of Third avenue, thence northerly to the center of Nineteenth
street, thence northwesterly to the Gowanus Canal, thence southwesterly
along said canal to Gowanus Bay, thence north and northwest along the
boundary line of the County of Kings to a point on the East River oppo-
site the center of Hamilton avenue, thence southeasterly along the center
of Hamilton avenue, to its intersection with the center line of Coles street,
thence northeasterly to the center of Henry street, thence southeasterly
to the center of Fourth place, thence northeasterly to the center of Court
street, thence northeasterly to the place of beginning.
The said Ninth Assembly District, hereinbefore described, comprises
the Twelfth Ward, part of the Tenth Ward and part of the Eighth Ward
of the City of Brooklyn.
Number of inhabitants, excluding aliens, of the Election Districts,
according to the State enumeration of 1892, so far as may be, thirty-
eight thousand and sixty-eigŁt (38,068).
Tenth Assembly District.
Beginning at a point on the boundary line of the County of Kings on
the East River or Wallabout Bay, formed by the junction of a line drawn
in continuation of the center line of Washington avenue, on Wallabout
Canal and Basin, running thence southerly along the center of Washing-
ton avenue to the center of Atlantic avenue, thence westerly to the cen-
ter of South Portland avenue, thence northwesterly to the center of
Fulton street, thence westerly to the center of Fort Green Place, thence
northerly to the center of DeKalb avenue, thence westerly to the center
of Rockwell place, thence southerly to the center of Flatbush avenue,
thence northerly to the center of Fulton street, thencé westerly to the
center of bridge street, thence northerly to the center of Johnson street,
thence easterly to the center of Navy street, thence northerly to the
boundary line of the United States Navy Yard, and a line in continua
tion thereof to its junction with the boundary line of the County On
Kings on the East River or Wallabout Bay, thence easterly along said
boundary line to the place of beginning.
The said Tenth Assembly District, hereinbefore described, comprises
the Twentieth Ward, and part of the Eleventh Ward, of the City of
Prooklyn.
APPENDIX III.
825
Number of inhabitants, excluding aliens, of the Election Districts,
according to the State enumeration of 1892, as far as may be, Forty-one
thousand and forty-one (41,041).
Eleventh Assembly District.
Beginning at a point formed by the junction of the center lines of
Franklin and Atlantic avenues, running thence westerly along the center
line of Atlantic avenue to the center line of South Portland avenue,
thence northerly to the center of Fulton street, thence westerly to the
center of Fort Greene place, thence northerly to the center of DeKalb
avenue, thence westerly to the center of Rockwell place, thence southerly
to the center of Flatbush avenue, thence southeasterly to the center of
Fourth avenue, thence southwesterly to the center of Garfield place,
thence southeasterly to the center of Seventh avenue, thence northeast-
erly to the center of Carroll street, thence easterly to the center of Ninth
avenue, thence northerly along the center of Ninth avenue, continuing
to a point at the center of Flatbush avenue, thence southeasterly to its
junction with the boundary line of the former Town of Flatbush, thence
northeasterly and southeasterly along said boundary line to a point
formed by the junction of the center line of Franklin avenue, thence
northeasterly along the center line of Franklin avenue to the place of
beginning:
The said Eleventh Assembly District, hereinbefore described, com-
prises the Ninth Ward, part of the Eleventh Ward, and part of the
Twenty-second Ward of the City of Brooklyn.
Number of inhabitants, excluding aliens, of the Election Districts,
according to the State enumeration of 1892, so far as may be Forty-one
thousand four hundred and sixty-one (41,461).
Twelfth Assembly District.
Beginning at a point on the Gowanus Canal formed by the junction
of a line drawn in continuation of the center line of Prospect avenue,
thence southeasterly along Prospect avenue to the center line of Sixth
avenue, thence southwesterly to the center of Twenty-third street,
thence southeasterly to the center of Seventh avenue, thence northeast-
erly to the center of Twentieth street, thence southeasterly along the
southerly side of Twentieth street to a point distant one hundred feet
northwesterly from the corner formed by the intersection of the south-
erly side of Twentieth street with the westerly side of Ninth avenue,
mence southwesterly on a line parallel with and distant one hundred
feet from the westerly side of Ninth avenue to the northerly line of
wenty-first street, thence southeasterly along the northerly line of
wenty-first street to the westerly line of Ninth avenue, and thence
Hortheasterly along the westerly line of Ninth avenue to the southerly
de of Twentieth street, thence southeasterly along the southerly side
Twentieth street to the westerly line of Tenth avenue, thence south-
westerly along the westerly line of Tenth avenue to the southerly side
Twenty-second street, as laid down on the Commissioners' map of the
of Brooklyn, thence southeasterly along the southerly side of
- wenty-second street as so laid down to the line separating the former
n of Flatbush from the City of Brooklyn, thence along said boun-
of Tw
Tow
825
APPENDIX III.
dary line in all its directions to the center line of Flatbush avenue,
thence northwesterly along Flatbush avenue to a point on the Plaza
opposite the center of Ninth avenue, thence southwesterly along the
center of Ninth avenue to the center of Carroll street, thence north-
westerly to the center of Seventh avenue, thence southwesterly to the
center of Garfield place, thence northwesterly to the center of Fourth
arenue, thence southwesterly to the center of First street, thence north-
westerly to the center of Second avenue, thence southwesterly to the
center line of the Gowanus Canal, thence southwesterly along the
Gowanus Canal to the place of beginning.
The said Twelfth Assembly District, herein before described, comprises
part of the Twenty-second Ward, and part of the former Eighth Ward,
of the City of Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, Forty
thousand, six hundred and eighty-two (40,682).
Thirteenth Assembly District.
Beginning at a point at the center of the intersection of South Second
street and Rodney street, running thence southeast to the center of
Hooper street, thence northerly to the center of Grand street, thence
easterly to the center of Graham avenue, thence southerly to the center
of Maujer street, thence westerly to the center of Ewen street, thence
southerly to the center of Ten Eyck street, thence easterly to the center
of Bushwick avenue, thence northerly to the center of North Second
street, thence westerly to the center of Humboldt street; thence north-
erly to the center of Richardson street; thence westerly to the junction
of the center lines of Ewen and Richardson streets and Meeker avenue;
thence northeasterly along the center of Meeker avenue to its intersee-.
tion with the boundary line separating the County of King's and the
County of Queens; thence northwesterly along said boundary line to
its intersection with the center line of Leyden street; thence southerly
to the center of Greene street; thence westerly to the center of Cake
land street; thence southerly to the center of Huron street; thence west-
erly to the center of Manhattan avenue; thence southeasterly to the cele
ter of Nassau avenue; thence southwesterly to the center of North Four
teenth street; thence southeasterly to the junction of the center lines ol
North Fourteenth street, Van Cott avenue and Van Pelt avenue; thence
southwesterly to the center of Union avenue; thence southeasterly to
the center of North Second street; thence westerly to the center of hou
ney street; thence southerly to the place of beginning.
The said Thirteenth Assembly District, herein before described, co
prises part of the Seventeenth Ward and part of the Fifteenth Ward u
the city of Brooklyn.
Number of inhabitants, excluding aliens, of the election distrie,
according to the State enumeration of 1892, so far as may be, forty
thousand one hundred and six (45,106).
Fourteenth Assembly District. .
Beginning at a point on the boundary line of the County of Kings,
the East River, where the same would be intersected by a line
e drawn
APPENDIX III.
827
through the center of Grand street; running thence southeasterly to the
center of Rodney street; thence northeasterly to the intersection of
North Second and Rodney streets; thence easterly along the center
of North Second street to the center of Union avenue; thence northerly
to the center of Driggs avenue; thence northeasterly to the junction of
North Fourteenth street, Van Pelt avenue and Driggs avenue; thence
northwesterly along the center of North Fourteenth street to the junc-
tion of Berry street with Nassau avenue; thence northeasterly along the
center of Nassau avenue to the center of Manhattan avenue; thence
northerly to the center of Huron street; thence easterly to the center of
Oakland street; thence northerly to the center of Greene street; thence
easterly to the center of Leyden street; thence northerly to the boundary
line separating the County of Kings and the County of Queens; thence
westerly along said boundary line continuing along the boundary line
of the County of Kings on the East River; thence southerly to the place
of beginning.
The said Fourteenth Assembly District, hereinbefore described, com-
prises the Fourteenth Ward and part of the Seventeenth Ward of the
city of Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, forty-five
thousand five hundred and thirty-nine (45,539).
0
Fifteenth Assembly District.
Beginning at a point at the center of the intersection of South Second
and Rodney streets; running thence southeasterly to the center of
Hooper street; thence northerly to the center of Grand street; thence
easterly to the center of Graham avenue; thence southerly to the center
of Maujer street; thence westerly to the center of Ewen street; thence
southerly to the center of Ten Eyck street; thence easterly to the center
of Bushwick avenue, or road, as the same was originally laid down on the
Commissioner's map of the town of Bushwick; thence along the center
line of said Bushwick avenue, or road, to its point of junction with the
center line of Flushing avenue; thence southwesterly to the center line of
Broadway; thence northwesterly to the center line of Rodney street;
thence northerly to the place of beginning.
The said Fifteenth Assembly District, hereinbefore described, comprises
the Sixteenth Ward and part of the Fifteenth Ward of the city of
Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, forty-five
thousand nine hundred and forty-three (45,943).
Sixteenth Assembly District.
Beginning at a point formed by the junction of the center lines of
diayette and Stuyvesant avenues; running thence easterly along the
der of Lafayette avenue to its intersection by the center line of Broad-
ay; thence southeasterly along the center of Broadway, to the boundary
between the city of Brooklyn and the former town of New Lots;
mence southerly along said boundary line to its intersection by the
828
APPENDIX III.
center line of Atlantic avenue; thence westerly to the center of Schenec-
tady avenue; thence northerly to the center of Fulton street; thence
easterly to the center of Stuyvesant avenue; thence northerly to the place
oi beginning.
The said Sixteenth Assembly District, hereinbefore described, comprises
the Twenty-fifth Ward and part of the Twenty-third Ward, defined by
a line along the center of Stuyvesant and Schenectady avenues of the
city of Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, as far as may be, thirty-
seven thousand nine hundred and eighty-one (37,981).
Seventeenth Assembly District.
Beginning at a point formed by the junction of the center lines of
Lafayette and Stuyvesant avenues, running thence southerly to the center
of Bainbridge street; thence westerly to the center of Sumner avenue,
thence northerly to the center of McDonough street, thence westerly to
the center of Tompkins avenue, thence southerly to the center of Fulton
street, thence westerly to the center of New York ave., thence south-
erly to the center of Atlantic avenue, thence westerly to the center of
Franklin avenue, thence northerly to the center of Breevoort place,
thence easterly to the center of Bedford avenue, thence northerly to the
center of Lafayette avenue, thence easterly along the center of Lafayette
avenue to the place of beginning.
The said Seventeenth Assembly District, herein before described, com-
prises the Twenty-third Ward, Election Districts, one to twenty, of the
former Twenty-third Ward, and Districts, one, part of four, and all of
5, Q, 7, 15, 16, 17, 18 of the former Twenty-fifth Ward of the City of
Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, thirty-
seven thousand six hundred and forty-one (37,641).
Eighteenth Assembly District.
Beginning at a point formed by the junction of Franklin and Atlantic
arenues, running thence easterly along the center of Atlantic avenue, to
the center of New York avenue, thence northerly to the center of Fulton
street, thence easterly to the center of Tompkins avenue, thence north-
erly to the center of McDonough street, thence easterly to the center of
Sumner avenue, thence southerly to the center of Bainbridge street,
thence easterly to the center of Stuyvesant avenue, thence southerly to
the center of Fulton street, thence westerly to the center of Schenectady
avenue, thence southerly to the center of Atlantic avenue, thence easterly
to the boundary line between the City of Brooklyn and the former Town
of New Lots, thence westerly along said boundary line to its point o
junction with the boundary line of the former Town of Flatbush. Therto
southerly along said boundary line to its junction with the boundary lice
of the Town of Flatlands. Thence northeasterly and again easterly a
southerly in all its directions along the boundary line of the Town -
APPENDIX III.
829
Flatlands. Thence southerly and northerly along the boundary line sep-
arating the Town of Flatlands and the former Town of New Lots, con-
tinuing the said line in all its directions along the boundary line of the
County of Kings formed by or on the waters of Jamaica Bay and Atlantic
Ocean, to its meeting with the boundary line separating the former
T'owns of Flatbush and Gravesend. Thence along said boundary line in
all its directions to the boundary line separating the former Towns of
Flatbush and New Utrecht, thence along said boundary line in all its
directions to its junction with the boundary line separating the said
former Town of Flatbush from the City of Brooklyn, thence along said
line in all its directions to its intersection by the center line of Franklin
avenue, thence to the place of beginning.
The said Eighteenth Assembly District, herein before described, com-
Flatlands, and part of the Twenty-third Ward, of the City of Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, thirty-
seven thousand five hundred and four (37,504).
Nineteenth Assembly District.
Beginning at the center of the intersection of Richardson street and
Meeker avenue, running thence in a northeasterly direction along the
center of Meeker avenue to the boundary line between the County of
Kings and the County of Queens. Thence southerly in all its directions
ulong said boundary line to its junction with the center line of Jefferson
street, thence westerly to the center of Evergreen avenue, thence south-
erly to the center of Troutman street, thence northeasterly to the center
of Central avenue, thence southeasterly to the center of Cedar street,
thence westerly to the center of Bushwick avenue, thence southeasterly
to the intersection of the center of Lafayette avenue, thence westerly to
the center of Broadway, thence northwesterly to the center of Flushing
avenue, thence easterly to the intersection of Flushing and Bushwick
arenues, thence in a northerly, northwesterly, northeasterly and again
northwesterly direction along the center of Bushwick avenue to the
center of the intersection of Bushwick avenue and North Second street,
thence westerly along the center of North Second street to Humboldt
Street, thence northerly along the center of Humboldt street, to the
northwesterly along the center of Richardson street to the place of
beginning.
The said Nineteenth Assembly District, hereinbefore described, com-
prises the Eighteenth Ward and parts of the Twenty-seventh and Twenty-
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, thirty-
bine thousand five hundred and thirty-eight (39,538).
Twentieth Assembly District.
beginning at a point formed by the junction of the center lines of
830
APPENDIX III.
Proadway and Cooper avenue, running thence northeasterly to the center
of Evergreen avenue, thence northwesterly to the center of Hancock
street, thence northeasterly to the center of Central avenue, thence north-
Westerly to the center of Linden street, thence northeasterly to the center
of Knickerbocker avenue, thence southeasterly to the center of Putnam
avenue, thence northeasterly to its junction with the boundary line of the
County of Kings and the County of Queens, thence northerly to the center
of Jefferson street, thence southwesterly to the center of Evergreen ave-
nue, thence southeasterly to the center of Troutman street, thence north-
easterly to the center of Central avenue, thence southeasterly to the
center of Cedar street, thence southwesterly to the center of Bushwick
avenue, thence southeasterly to the center of Lafayette avenue, thence
southwesterly to the center of Broadway, thence southeasterly to the
place of beginning.
The said Twentieth Assembly District, hereinbefore described, com-
prises part of the Twenty-eighth Ward, and part of the Twenty-seventh
Ward of the City of Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, thirty-
eight thousand eight hundred and thirty-six (38,836).
Twenty-first Assembly District.
Beginning at a point formed by the junction of the center lines of
Broadway and Cooper avenue, running thence northeasterly to the center
of Evergreen avenue, thence northwesterly to the center of Hancock
street, thence northeasterly to the center of Central avenue, thence north-
westerly to the center of Linden street, thence northeasterly to the center
of Knickerbocker avenue, thence southeasterly to the center of Putnam
avenue, thence along the center line of Putnam avenue to its point of
junction with the boundary line between the County of Kings and the
County of Queens. Running thence southeasterly along the said boundary
line and again northeasterly along said boundary line, and again south-
erly along said boundary line, and again along the southerly boundary
line of the former Town of New Lots to its junction with the boundary
line of the Town of Flatlands. Thence northerly, westerly and again
northerly and westerly; and southwesterly, and again northerly to the
junction of said boundary line with the boundary line of the former
Town of Flatbush. Thence northeasterly along said boundary line to its
intersection by the center line of Broadway, thence northwesterly along
the center line of Broadway to the place of beginning.
The said Twenty-first Assembly District, herein before described, com.
prises the Twenty-sixth Ward and part of the Twenty-eighth Ward of
the City of Brooklyn.
Number of inhabitants, excluding aliens, of the election distriels,
according to the State enumeration of 1892, so far as may be, third
eight thousand seven hundred and thirty-eight (38,738).
In witness whereof we have hereto subscribed our names and official
titles and have caused the seal of the Board of Supervisors of the Coui
APPENDIX III.
831
of Kings and seal of the City of Brooklyn to be affixed respectively of
date as first above written.
[Signed]
JACKSON WALLACE,
President Common Council, City of Brooklyn.
[Seal of the City
of Brooklyn.]
NORMAN S. DIKE,
President pro tem. Board of Supervisors, Kings
County.
[Seal of the Board of
Supervisors of
Kings County.)
JOSEPH BENJAMIN,
Clerk of the Common Council of the City of
. Brooklyn.
THOMAS F. FARRELL,
Clerkof the Board of Supervisors, Kings County.”
The New York Supreme Court by order entered in Kings County on
July 24, 1895, required a re-apportionment of the Seventh Senate District,
which re-apportionment was accordingly made on August 5, 1895, by the
Board of Supervisors of Kings County and the Common Council of the
City of Brooklyn by following resolution, which was filed in Kings
County Clerk's office August 12, 1895, viz.:
Resowed, This fifth day of August, one thousand eight hundred and
ninety-five, in obedience to a writ of mandamus issued out of the
Supreme Court of the State of New York, Willard Bartlett, J. S. C., of date
July 24th, 1895, and, pursuant to the provisions of Article 3, Section 5, of
the Constitution of the State of New York, the Common Council of the
City of Brooklyn and the Board of Supervisors of the County of Kings,
l'e-assembled in joint session, hereby decide, determine and divide the
Seventh (7) Senate District into three (3) Assembly Districts, numbered
from Thirteen (13) to Fifteen (15) inclusive, as apportioned by said
Article and Section of the Constitution, and that the number of inhabit-
ants, excluding aliens, of each of said Assembly Districts, according to
the State enumeration of one thousand eight hundred and ninety-two
(1892) so far as may be, are ascertained and declared to be as hereinafter
stated in the following description of each of said Assembly Districts of
said Senate District so divided, viz.:
Thirteenth Assembly District.
Beginning at a point formed by the junction of the center line of Ten
Lyck street with the center line of Bushwick avenue, running thence
hortherly along the center line of Bushwick avenue to its junction with
we center line of North Second street; thence westerly to its junction with
the center line of Humboldt street; thence northerly to its junction
with the center line of Richardson street; thence westerly to its junction
sth. the center line of Meeker avenue; thence northeasterly along the
center line of Meeker avenue to its junction with the boundary line
etween the Counties of Kings and Queens; thence along said boundary
ne to its point of junction with the center line of Vail street; thence
bota
832
APPENDIX III.
southwesterly to its junction with the center line of Colyer street; thence
westerly along the center line of Colyer street to its point of junction
with the center line of Oakland street; thence northerly to the center line
of Greenpoint avenue; thence westerly to its point of junction with the
center line of Manhattan avenue; thence northerly to its junction with
the center line of Kent street; thence westerly to its junction with the
center line of Franklin street; thence southerly to its junction with the
center line of Noble street; thence easterly to its junction with the center
line of Manhattan avenue; thence easterly to its junction with the
center line of Norman avenue; thence southwesterly to its junction with
the center lines of Wythe avenue and North Fourteenth street; thence
southeasterly to its junction with the center line of Union avenue; thence
southwesterly and southerly to its junction with the center line of Grand
street; thence westerly to its junction with the center line of Looper
street; thence easterly along the center line of South First street and
Maujer street to its junction with the center line of Leonard street;
thence southerly to its junction with the center line of Ten Eyck street;
thence easterly along the center line of Ten Eyck street to the place of
beginning.
The said Thirteenth Assembly District, herein before described, com-
prises part of the Seventeenth Ward and part of the Fifteenth Ward of
the City of Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, forty-five
tbousand one hundred and ninety-eight (45,198).
Fourteenth Assembly District.
Beginning at a point on the boundary line of the County of Kings, on
the East River, opposite the center of Grand street, running thence east-
erly along the center of Grand street to its junction with the center line.
of Havemeyer street; thence northerly to its junction with the center
line of North Second street; thence easterly to its junction with the
center line of Marcy avenue; thence southerly to its junction with
the center line of Ainslie street; thence easterly to its junction with the
center line of Rodney street; thence northerly to its junction with ,
the center line of North Second street; thence easterly to its junction
with the center line of Union avenue; thence northerly to its june-
tion with the center line of Driggs avenue; thence northerly to its
junction with the center line of North Fourteenth street; thence north-
westerly to its junction with the center line of Wythe avenue and Nor
man avenue; thence northerly and northeasterly along the center lite
of Norman avenue to its junction with the center line of Manhattan &
nue; thence northerly to its junction with the center line of NOVIC
street; thence westerly to its junction with the center line of Franke
street; thence northerly to its junction with the center line
Kent street; thence easterly to its junction with the center line of Man
hattan avenue; thence southerly to its junction with the center line
Greenpoint avenue; thence easterly to its junction with the center med
of Oakland street; thence southerly to its junction with the center IT
Cuyler street; thence easterly along the center line of Only
street to its junction with the center of Vail street; thence along
f Mani
Иe a
APPENDIX III.
833
the center line of Vail street to its point of junction with the boundary
line separating the counties of Kings and Queens; thence along said
boundary line in all its directions to its junction with the boundary line
of the County of Kings on the East River; thence southerly along said
boundary line to the place of beginning.
The said Fourteenth Assembly District, hereinbefore described, com-
prises part of the Fourteenth Ward and part of the Seventeenth Ward of
the City of Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, forty-five
thousand six hundred and thirty-one (45,631).
Fifteenth Assembly District.
Beginning at a point formed by the junction of the center line of Rod-
ney street with the center line of Broadway, running thence southeast-
erly along Broadway to its intersection by the center line of Flushing
avenue; thence easterly to its junction with the center line of Bush-
wick avenue; thence northerly along the center of Bushwick avenue or
road, as the same was originally laid own on the Commissioners' Map of
the Town of Bushwick to its point of junction with the center line of
Ten Eyck street; thence westerly to its intersection by the center line
of Leonard street; thence northerly to its junction with the center
line of Maujer street; thence northerly along the center line
of Maujer street and South First street to its junction with the
center line of Hooper street; thence northerly to its junction with the
center line of Grand street; thence easterly to its junction with the cen-
ter line of Union avenue; thence northerly to its junction with the
center line of North Second street; thence westerly to its junction with
the center line of Rodney street; thence southerly to its junction
with the center; line of Ainslie street; thence westerly to its junc-
tion with the center line of Marcy avenue; thence northerly to its
junction with the center line of North Second street; thence westerly to
its junction with the center line of Havemeyer street; thence southerly
to its junction with the center line of Grand street; thence easterly to
Its junction with the center line of Rodney street; thence southerly
along the center line of Rodney street to the place of beginning.
The said Fifteenth Assembly District, hereinbefore described, com-
prises the Sixteenth Ward, part of the Fifteenth Ward and part of the
fourteenth Ward of the city of Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, forty-five
Mousand seven hundred and fifty-nine (45,759.)
and i
The New York Supreme Court by order entered in Kings County on
september 11, 1895, further required the Board of Supervisors of Kings
county and the Common Council of the City of Brooklyn to reconvene
describe more accurately the boundary between the Thirteenth and
Iteenth Assembly Districts, and accordingly these bodies met on
ember 23, 1895, and passed the following resolution filed in the
Alags County Clerk's office Nov. 11, 1895, viz.:
53
834
APPENDIX III.
Resolved, This twenty-third day of September, one thousand eight hun-
dred and ninety-five, in obedience to a writ of mandamus issued out of
the Supreme Court of the State of New York, Edgar M. Cullen, J. S. C., of
date September 11th, 1895, and, pursuant to the provisions of Article 3,
Section 5, of the Constitution of the State of New York, the Common
Council of the City of Brooklyn and the Board of Supervisors of the
County of Kings, re-assembled in joint session, hereby describe " more
accurately the boundary between the Thirteenth and Fourteenth Assem-
bly Districts” of the County of Kings, and that the number of inhabit-
ants, excluding aliens, of each of said Assembly Districts, according to
the State enumeration of one thousand eight hundred and ninety-two
(1892) so far as may be, are ascertained and declared to be as hereinafter
stated in the following description of each of said Assembly Districts of
the Seventh Senate District so divided, viz.:
Thirteenth Assembly District.
Beginning at a point formed by the junction of the center line of Ten
Eyck street with the center line of Bushwick avenue, running thence
northerly along the center line of Bushwick avenue to its junction with
the center line of North Second street; thence westerly to its junction
with the center line of Humboldt street; thence northerly to its junc-
tion with the center line of Richardson street; thence westerly to its
junction with the center line of Meeker avenue; thence northeasterly
along the center line of Meeker avenue to its junction with the boun-
dary line between the Counties of Kings and Queens; thence along said
boundary line to its point of junction with the center line of Vail street;
thence southwesterly to its junction with the center line of Colyer
street; thence westerly along the center line of Colyer street to its point
oſ junction with the center line of Oakland street; thence northerly to
the center line of Greenpoint avenue; thence westerly' to its point of
junction with the center line of Manhattan avenue; thence northerly to
its junction with the center line of Kent street; thence westerly to its
junction with the center line of Franklin street; thence southerly to
its junction with the center line of Noble street; thence easterly to its
junction with the center line of Manhattan avenue; thence southerly to
its junction with the center line of Norman avenue; thence southwesterly
to its junction with the center line of Banker street and Wythe avenue;
thence southwesterly along the center line of Wythe avenue to its inter-
section with the center line of North Fourteenth street; thence south-
easterly to its junction with the center line of Driggs avenue; thence
southwesterly to its junction with the center line of Union avenue;
thence southerly to its junction with the center line of Grand street;
thence westerly to its junction with the center line of Hooper
street; thence southerly along the center line of Hooper street to the
center line of South First street; thence easterly along the center line
South First street and Maujer street to its junction with the center line
of Leonard street; thence southerly to its junction with the center line 0
Ten Eyck street; thence easterly along the center line of Ten Eyck streto
to the place of beginning.
The said Thirteenth Assembly District, hereinbefore described, come
APPENDIX III.
835
prises part of the Seventeenth Ward and part of the Fifteenth Ward of
the City of Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, forty-five
thousand one hundred and ninety-eight (45,198).
Fourteenth Assembly District.
Beginning at a point on the boundary line of the County of Kings, on
the East River, opposite the center of Grand street, running thence
easterly along the center of Grand street to its junction with the center
line of Havemeyer street; thence northerly to its junction with the cen-
ter line of North Second street; thence easterly to its junction with the
center line of Marcy avenue; thence southerly to its junction with
the center line of Ainslie street; thence easterly to its junction with the
center line of Rodney. street; thence northerly to its junction with
the center line of North Second street; thence easterly to its junction
with the center line of Union avenue; thence northerly to its junc-
tion with the center line of Driggs street; thence northerly to its
junction with the center line of North Fourteenth street; thence north-
westerly to its junction with the center line of Wythe avenue; thence
northerly to its junction with the center lines of Banker street and Nor-
man avenue; thence northeasterly along the center line of Norman
avenue to its junction with the center line of Manhattan avenue,
thence northerly to its junction with the center line of Noble street;
thence westerly to its junction with the center line of Franklin
street; thence northerly to its junction with the center line of Kent
street; thence easterly to its junction with the center line of Manhattan
avenue; thence southerly to its junction with the center line of Green-
point avenue; thence easterly to its junction with the center line of Oak-
land street; thence southerly to its junction with the center line of
Colyer street; thence easterly along the center line of Colyer street to
its junction with the center of Vail street; thence along the center line
of Vail street to its point of junction with the boundary line separating
the Counties of Kings and Queens; thence along said boundary line in
all its directions to its junction with the boundary line of the County of
Kings on the East River; thence southerly along said boundary line to
the place of beginning.
The said Fourteenth Assembly District, herein before described, com-
prises part of the Fourteenth Ward and part of the Seventeenth Ward of
the City of Brooklyn.
Number of inhabitants, excluding aliens, of the election districts,
according to the State enumeration of 1892, so far as may be, forty-five
Thousand six hundred and thirty-one (45,631).
APPENDIX IV.
WARDS INCLUDED WITHIN THE MUNICIPALITY HERETOFORE
KNOWN AS THE MAYOR, ALDERMEN AND COMMONALTY OF
THE CITY OF NEW YORK, CONTINUED AND DESIGNATED AS
THE WARDS OF THE BOROUGHS OF MANHATTAN AND THE
BRONX, BY CHARTER § 1578, ante.
Division into wards. First ward.
I. The city of New York contains all that part of this state compre-
hended within the bounds of the county of New York, and is divided into
twenty-four wards, in the manner following, that is to say:
The first ward shall begin in the middle of Broadway, at a point where
it is intersected by the middle of Liberty street, and run from the said
point of intersection, through the middle of Liberty street, south-easterly,
to the middle of Maiden lane; then down the middle of Maiden lane, and
from thence in a straight line running in the same direction across the
East river, to low-water mark on Nassau or Long Island; and thence
along Nassau or Long Island shore, at low-water mark, to the south side
of Red Hook; and then across Hudson river, so as to include Nutten or
Governor's Island, Bedloe's Island, Bucking or Ellis Island and the Oyster
Islands, and all the waters of this state in the bay of New York, and to
the southward thereof, and which are not comprehended in any other
county, to low-water mark on the west side of Hudson river, or so far as
the bounds of this state extend; then up along the west side of Hudson
river, at low-water mark, or along the limits of this state, to a place due
west from the middle of the west end of Liberty street; then to the
middle of Liberty street; then through the middle of Liberty street to the
middle of Broadway, at the place of beginning. (L. 1882, ch. 410, $ 2.)
Second ward.
II. The second ward shall begin at the south-easterly corner of the first
ward, and run thence along the easterly bounds thereof, across the East
river to the middle of Broadway; then up the middle of Broadway to
a point opposite the middle of Park row; then through the middle o
Park row to a point opposite to the middle of Spruce (formerly George
street; then down the middle of Spruce street to the middle of a
street; then through the middle of Gold street to a point opposite to the
middle of Ferry street; then through the middle of Ferry street, in a bide
running in the same direction across the East river to Nassau or 10mg
Island, to low-water mark; then along Nassau or Long Island, at low
water, to the place of beginning. (L. 1882, ch. 410, § 3.)
APPENDIX IV. '
837
Third ward.
III. The third ward shall begin on the west side of Hudson river, at the
north-westerly corner of the first ward, and running thence due east to
to the middle of Broadway; then through the middle of Broadway to
point opposite to the middle of Reade street; then through the middle
of Reade street, in a line running in the same direction across Hudson
river, to low-water mark, on the west side thereof, or so far as the bounds
of the State extend; then down the west side of Hudson river, at low-
water mark, or along the limits of this state, to the place of beginning.
(L. 1882, ch. 410, $ 4.)
Fourth ward.
IV. The fourth ward shall begin at the northerly corner of the second
ward, and run thence through the middle of Chatham street to a point
opposite to the middle of Catharine street; and then through the middle
river, to low-water mark, on Nassau or Long Island; then along Nassau
cr Long Island shore, at low-water mark, to the bounds of the second
ward; and then north-westerly along the bounds of the second ward, to
the place of beginning. (L. 1882, ch. 410, § 5.)
.
Fifth ward.
V. The fifth ward shall begin at the north-westerly corner of the third
ward, and run thence along the northerly bounds thereof, to the middle
of Broadway; then through the middle of Broadway to the middle of
Canal street; then through the middle of Canal street to Hudson river;
then due west to low-water mark, on the west side of Hudson river, or
so far as the bounds of this State extend; then down along the west side
of Hudson river, at low-water mark, or along the limits of this Siate, to
the place of beginning. (L. 1882, ch, 410, § 6.)
Sixth ward.
VI. The sixth ward shall begin at a point in the middle of Broadway,
where it is intersected by the middle of Canal street, and run thence
through the middle of Canal street to where it is intersected by the
middle of Centre street; then through the middle of Centre street to
the middle of Walker street; then through the middle of Walker and
Canal streets to the middle of the Bowery road; then through the middle
of the Bowery road to the middle of Chatham street; then through the
middle of Chatham street and Park row to the middle of Broadway, and
men through the middle of Broadway to the place of beginning. (L. 1882,
ch. 410, $ 7.)
Seventh ward.
Ml. The seventh ward shall begin at the south-easterly corner of the
scurth ward, and run thence along the easterly boundary of the fourth
ward to the middle of Division street; then through the middle of
Vision street to the middle of Grand street; then through the middle
Tand street, in a line running in the same direction across the East
Divis
of
838
APPENDIX IV.
river, to low-water mark on Nassau or Long Island; then along Nassau
or Long Island Shore, at low-water mark, to the place of beginning.
(L. 1882, ch. 410, $ 8.)
Eighth ward.
VIII. The eighth ward shall begin at the north-westerly corner of the
fifth ward, and run thence along the northerly bounds of the said ward
through Canal street to the middle of Broadway; then through the
middle of Broadway to a point opposite to the middle of Houston street;
then through the middle of Houston street to a point opposite to the
middle of West Houston street; then through the middle of West
Houston street to Hudson river; then due west to low-water mark, on
the west side of Hudson river, or so far as the limits of this State extend;
then down along the west side of Hudson river, at low-water mark, or
along the limits of this State, to the place of beginning. (L. 1882, ch.
410, $ 9.)
Ninth ward.
IX. The ninth ward shall begin at the north-westerly corner of the
eighth ward, and run thence along the northerly bounds of the said
ward through the middle of West Houston street to the middle of Han-
cock street; thence northerly through the middle of Hancock street to
the middle of Bleecker street; thence north-westerly, through the middle
of Bleecker street to the middle of Carmine street; thence north-easterly
through the middle of Carmine street to the middle of Sixth avenue;
thence northerly through the middle of Sixth avenue to the middle of
West Fourteenth street; thence westerly through the middle of West
Fourteenth street to Hudson river; then due west to low-water mark on
the west side of Hudson river; or so far as the limits of this State extend;
then down along the west side of Hudson river, at low-water mark, or
along the limits of this State, to the place of beginning. (L. 1882, ch. 410,
§ 10.)
Tenth ward.
X. The tenth ward shall begin at a point in the middle of the Bowery
road, opposite to the middle of Division street, then through the middle
of Division street to the middle of Norfolk street; then through the mid-
dlc of Norfolk street to the middle of Rivington street; then through the
middle of Rivington street to the middle of the Bowery road; then
through the middle of the Bowery road to the place of beginning.
(I. 1882, ch. 410, § 11.)
Eleventh ward.
XI. The eleventh ward shall begin at a point in the middle of Rivington
street, where Clinton street intersects Rivington street; and run thence
through the middle of Clinton street to the middle of Avenue B, and then
northerly through the middle of Avenue B to the middle of Fourteen
street; thence easterly through the middle of East Fourteenth street te
the East river; and thence running across the East river to low-water
mark on Long Island; then along Long Island shore, at low-water mark,
than
month
APPENDIX IV.
839
to a point opposite the middle of the easterly end of Rivington street;
then in a direct line across the East river through the middle of Riving-
ton street to the place of beginning. (L. 1882, ch. 410, § 12.)
Twelfth ward.
XII. The twelfth ward shall include all that part of the city and county
of New York lying northerly of a line running through the middle of
Lighty-sixth street from the East to the North river, and south and west
of Harlem river and Spuyten Duyvel creek, but including Randall's and
Ward's Islands. (L. 1882, ch. 410, § 13.)
Thirteenth ward.
XIII. The thirteenth ward shall begin at the north-easterly corner of
the seventh ward, and thence along the easterly and northerly line of the
said ward through the middle of Grand and Division streets, to the middle
of Norfolk street; thence through the middle of Norfolk street to where
it is intersected by the middle of Rivington street; then through the mid-
dle of Rivington street in a line running in the same direction across the
East river to low-water mark on Nassau Island; and then along the shore
of said island, at low-water mark, to the place of beginning. (L. 1882,
ch. 410, § 14.)
Fourteenth ward.
XIV. The fourteenth ward shall begin at a point in the middle of the
Powery road, where it is intersected by the middle of Walker street;
then through the middle of the Bowery road to a point opposite the
middle of Houston street, then through the middle of Houston street to
where it is intersected by the middle of Broadway; thence through the
middle of Broadway to where it is intersected by the middle of Canal
street; and then through the middle of Canal, Centre, and Walker streets,
being along the northerly bounds of the sixth ward, to the place of
beginning. (L. 1882, ch. 410, § 15.)
Fifteenth ward.
XV. The fifteenth ward shall begin at a point in the middle of Four-
teenth street where the middle of Sixth avenue intersects the middle of
Fourteenth street, and run thence southerly through the middle of Sixth
avenue to the middle of Carmine street; thence south-westerly through
the middle of Carmine street to the middle of Bleecker street; thence
south-easterly through the middle of Bleecker street to the middle of
Hancock street; thence southerly through the middle of Hancock street
to the middle of Houston street; thence easterly through the middle of
flouston street to the middle of the Bowery road; thence northerly along
the middle of the Bowery road and the middle of Fourth avenue to the
middle of Fourteenth street, and thence westerly along the middle of
pourteenth street to the place of beginning. (L. 1882, ch. 410, § 16.)
Sixteenth ward.
XVI. The sixteenth ward shall begin at the north-westerly corner of
the fifteenth ward, at a point in the middle of Fourteenth street where
840
APPENDIX IV.
the middle of Sixth avenue intersects the middle of Fourteenth street,
and run thence along the middle of Fourteenth street to Hudson river:
thence westerly and along the northerly boundary of the ninth ward to
low-water mark on the west side of Hudson river, or so far as the limits
of this state extend; thence northerly along the west side of Hudson
river, at low-water mark, or along the limits of this state, to a point
opposite the middle of the westerly end of Twenty-sixth street; thence in
a direct line across Hudson river through the middle of Twenty-sixth
street to the middle of Sixth avenue, and thence southerly along the
middle of Sixth avenue to the place of beginning. (L. 1882, ch. 410, § 17.)
Seventeenth ward.
XVII. The seventeenth ward shall begin at a point formed by the inter-
section of the middle of Fourteenth street with the middle of Avenue B,
and run thence southerly along the middle of Avenue B to Houston
street; thence across Houston street to the middle of Clinton street;
thence through the middle of Clinton street to middle of Rivington
street; thence westerly through the middle of Rivington street io the
middle of the Bowery road; thence northerly along the middle of the
Bowery road and Fourth avenue to the middle of Fourteenth street; and
thence easterly along the middle of Fourteenth street to the place of
beginning. (L. 1882, ch. 410, § 18.)
V
)
Eighteenth ward.
XVIII. The eighteenth ward shall begin at a point formed by the inter-
section of the middle of Fourteenth street with the middle of Sixth
avenue, and run thence northerly along the middle of Sixth avenue to
the middle of Twenty-sixth street; thence easterly along the middle of
Twenty-sixth street in a line running in the same direction across the
East river to low-water mark on Long Island; thence along Long Island
shore, at low-water mark, to a point opposite the middle of the easterly
end of Fourteenth street; and thence in a direct line across the East
river through the middle of Fourteenth street to the place of beginning.
(L. 1882, ch. 410, $ 19.)
Nineteenth ward.
XIX. The nineteenth ward shall begin at a point formed by the inter-
section of the middle of Fortieth street with the middle of Sixth avenue,
and run thence northerly along the middle of Sixth avenue to the centre
of Fifty-ninth street; thence in a line running in the same direction
across Central park to the middle of Eighty-sixth street; thence east-
erly along the middle of Eighty-sixth street in a line running in the same
direction across the East river to low-water mark on Long Island; thence
along Long Island shore, at low-water mark, to a point opposite the
middle of the easterly end of Fortieth street; and thence in a direct me
across the East river along the middle of Fortieth street to the place on
beginning. (L. 1882, ch. 410, $ 20.)
Twentieth ward.
XX. The twentieth ward shall begin at a point formed by the inter
section of the middle of Twenty-sixth street with the middle of SIXOL
APPENDIX IV.
841
avenue, and run thence westerly along the middle of Twenty-sixth street
to Hudson river; thence westerly along the northerly boundary of the
sixteenth ward to low-water mark on the west side of Hudson river, or so
far as the limits of the state extend; thence northerly along the west
side of Hudson river, at low-water mark, or along the limits of this state,
to a point opposite the middle of the westerly end of Fortieth street;
thence in a direct line across Hudson river, through the middle of Fortieth
street to the middle of Sixth avenue, and thence southerly along the
middle of Sixth avenue to the place of beginning. (L. 1882, ch. 410, § 21.)
Twenty-first ward.
XXI. The twenty-first ward shall begin at a point formed by the inter-
section of the middle of Twenty-sixth street with the middle of Sixth
avenue, and run thence northerly along the middle of Sixth avenue to the
middle of Fortieth street; thence easterly along the middle of Fortieth
street in a line running in the same direction across the East river, to
low-water mark on Long Island; thence along Long Island shore, at low-
water mark, to a point opposite the middle of the easterly end of
Twenty-sixth street; and thence in a direct line across the East river
through the middle of Twenty-sixth street to the place of beginning.
(L. 1882, ch. 410, $ 22.)
Twenty-second ward.
XXII. The twenty-second ward shall begin at a point formed by the
intersection of the middle of Fortieth street with the middle of Sixth
avenue, and run thence westerly along the middle of Fortieth street to
Hudson river; thence westerly along the northerly boundary of the
twentieth ward to low-water mark on the west side of Hudson river, or
so far as the limits of the state extend; thence northerly along the west
side of Hudson river, at low-water mark, or along the limits of this state;
to a point opposite the middle of the westerly end of Eighty-sixth street;
thience in a direct line across Hudson river, through the middle of Eighty-
sixth street, to the middle of Sixth avenue; and thence southerly along
the middle of Sixth avenue to the place of beginning. (L. 1882, ch. 410,
$ 23.)
Twenty-third ward.
XXIII. The twenty-third ward shall include all that territory which
lies east and north of Harlem river and south of a line beginning at
a point on the southerly side of the High bridge across the Harlem river;
Thence running easterly on a straight line to a point on Mill brook,
directly opposite to the line formerly dividing Central Morrisania from
Lower Morrisania, being the former northerly line of Lower Morrisania;
thence easterly along said last-mentioned line to a point one hundred and
Torty feet east of Franklin avenue, and thence on a line produced east-
wardly by the extension of the middle of the main channel of the Bronx
hver of that portion of said last-mentioned line which lies between the
wird avenue and said point in said line, one hundred and forty feet east
of Franklin avenue, said territory being the whole of the former town of
sorrisania, and a portion of the former town of West Farms. It shall
also include North Brothers Island. (L. 1882, ch. 410, $ 24.)
Thir
842
APPENDIX IV.
Twenty-fourth ward.
XXIV. The twenty-fourth ward shall embrace all that territory lying
Dorth of the twenty-third ward and south of the north boundary of the
city, comprising the territory embraced in the former town of Kings-
bridge, and in that portion of the former town of West Farms not
included in the twenty-third ward. (L. 1882, ch. 410, § 25.)
By L. 1895, ch. 934, the following territory was annexed to the City and
County of New York, and made part of the twenty-fourth ward of said
city:
All that territory comprised within the limits of the towns of West-
chester, Eastchester and Pelham which has not been annexed to the City
and County of New York at the time of the passage of this act, which lies
scutherly of a straight line drawn from the point where the northerly
line of the City of New York meets the center line of the Bronx river, to
the middle of the Channel between Hunter's and Gien islands, in Long
island sound, and all that territory lying within the incorporated limits
of the village of Wakefield, which lies northerly of said line, with the
inhabitants and estates therein, is hereby set off from the county of West-
chester and annexed to, merged in and made part of the city and county
of New York, and of the twenty-fourth ward of the said city and county.
WARDS INCLUDED WITHIN THE MUNICIPALITY HERETOFORE
KNOWN AS THE CITY OF BROOKLYN CONTINUED AND DESIG-
NATED AS THE WARDS OF THE BOROUGH OF BROOKLYN BY
CHARTER § 1577, ante
First ward.
I. The first ward of the city shall comprise the following district,
namely: Beginning at a point on Fulton avenue where the center lines of
Fulton street and Boerum place intersect each other, and running thence
northwesterly, along the center of Fulton street, and a line in continua-
tion thereof to the East river; thence southwesterly along the East river
to a point opposite the center of Atlantic avenue or a line in continuation
thereof; then easterly along the center of Atlantic street to the center of
Boerum place; and thence northerly along the center of Boerum place to
the place of beginning. (L. 1888, ch. 583, tit. 1, § 2.)
Second ward.
II. The second ward of said city shall comprise the following district,
namely: Beginning on a point on the East river at the center line of
Fulton street continued, and running thence southeasterly along the
center line of Fulton street to a point opposite the center of Sands street,
thence easterly along the center of Sands street to the center of Bridge
street; thence northerly along the center of Bridge street and a line in
continuation thereof to the East river; and thence westerly along the
East river to the place of beginning. (L. 1888, ch. 583, tit. 1, § 3.)
APPENDIX IV.
843
Thiird ward.
III. The third ward of said city shall comprise the following district,
namely: Beginning at a point formed by the intersection of the center of
Boerum and Fulton streets; thence easterly along the center of Fulton
street to the intersection of Fulton avenue and Flatbush avenue; thence
southerly along the center of Flatbush avenue to the center of Fourth
avenue; thence southwesterly along the center of Fourth avenue to the
center of Bergen street; thence northwesterly along the center of Bergen
street to the center of Court street; thence northerly along the center of
Court street to the center of Atlantic street; thence along the center of
Atlantic street to the center of Boerum place; and thence northeasterly
along the center of Boerum place to the place of beginning. (L. 1888, ch.
583, tit. 1, § 4.)
Fourth ward.
IV. The fourth ward of said city shall comprise the following district,
namely: Beginning at a point where the center lines of Sands street and
I'ulton street intersect each other, and running thence easterly along the
center of Sands street to the center of Bridge street; thence southerly
along the center of Bridge street to the center of Fulton street; and
thence northwesterly along the center of Fulton avenue and Fulton
street to the place of beginning. (L. 1888, ch. 583, tit. 1, § 5.)
Fifth ward.
V. The fifth ward of said city shall comprise the following district,
namely: Beginning at a point where the center lines of Bridge street and
Johnson street' intersect each other, and running thence easterly along
the center of Johnson street to the center of Navy street; thence north-
erly along the center of Navy street to the northerly side of Nassau
street; thence easterly along the northerly side of Nassau street to the
southwesterly corner of the United States Navy Yard; thence northerly,
northwesterly and northeasterly along the United States Navy Yard to
the East river; thence westerly along the East river to a point on the
continuation of the center line of Bridge street; thence southerly along
the center of Bridge street to the place of beginning. (L. 1888, ch. 583,
tit. 1, § 6.)
Sixth ward.
VI. The sixth ward of said city shall comprise the following district,
namely: Beginning on the East river at the center of Atlantic street;
thence easterly along the center of Atlantic street to the center of Court
street; thence southerly along the center of Court street to the center of
Fourth place; thence westerly along the center of Fourth place to the
center of Henry street; thence southeasterly along the center of Henry
street to the center of Coles street; thence westerly along the center of
voles street to the center of Hamilton avenue; thence along the center of
Hamilton avenue to the East river; thence along the East river to the
place of beginning. (L. 1888, ch. 583, tit. 1, $4.)
Seventh ward.
VII. The seventh ward of said city shall comprise the following dis-
844
APPENDIX IV.
trict, namely: Beginning at a point formed by the intersection of the
niiddle lines of Bedford and Flushing avenues, running thence southerly
along the center line of Bedford avenue to its intersection with the mid-
dle line of Brevoort place, and thence westerly along the middle line of
Brevoort place to the middle line of Franklin avenue; thence southerly
along the middle line of Franklin avenue to the middle line of Atlantic
avenue; thence westerly along the middle line of Atlantic avenue to the
middle line of Washington avenue; thence northerly along the middle
line of Washington avenue to the middle line of Flushing avenue; thence
easterly along the middle line of Flushing avenue to the point or place of
beginning. (L. 1888, ch. 583, tit. 1, § 8.)
Eighth ward.
VIII. The eighth ward of said city shall comprise the following dis-
trict, namely: Beginning at a point where the center line of Prospect
avenue intersects Gowanus bay, and running thence southeasterly along
the center line of Prospect avenue to the center line of Sixth avenue;
thence southwesterly along the center line of Sixth avenue to the center
line of Twenty-third street; thence southeasterly along the center line of
I'wenty-third street to the center line of Seventh avenue; thence north-
easterly along the center line of Seventh avenue to the southerly side of
Twentieth street; thence southeasterly along the southerly side of Twen-
tieth street to a point distant one hundred feet northwesterly from the
corner formed by the intersection of the southerly side of Twentieth
street with the westerly side of Ninth avenue; thence southwesterly on
a line parallel with and distant one hundred feet from the westerly side
of Ninth avenue to the northerly line of Twenty-first street; thence
southeasterly along the northerly line of Twenty-first street to the west-
erly line of Ninth avenue, and thence northeasterly along the westerly
line of Ninth avenue to southerly side of Twentieth street and thence
southeasterly along the southerly side of Twentieth street to the westerly
line of Tenth avenue; thence southwesterly along the westerly line of
Tenth avenue to the southerly side of Twenty-second street as laid down
on the Commissioner's map of the City of Brooklyn; thence southeasterly
along the southerly side of Twenty-second street as so laid down to the
line separating the town of Flatbush from the City of Brooklyn, thence
southwesterly along the said division line to the line of the town of New
Utrecht; thence along the line separating the City of Brooklyn from the
town of New Utrecht as the same now runs to the bay of New York;
thence northeasterly along the said bay, and along Gowanus bay to the.
place of beginning. (Ordinances of City of Brooklyn, 1892, vol. ii., p. 894.)
Ninth ward.
IX. The ninth ward of said city shall comprise the following district,
namely: Beginning at a point where the center lines of Flatbush and
Fourth avenues intersect, running thence southeasterly along the center
line of Flatbush avenue to the center line of Atlantic avenue; thence
southeasterly along the center line of Atlantic avenue to the center line
of Franklin avenue; thence southwesterly along the center line of Frank,
lin avenue to the line separating the City of Brooklyn from the town
Flatbush; thence in a westerly direction along said line as the same
l.
OL
APPENDIX IV.
845
now runs to the center line of Flatbush avenue; thence northwesterly
along the center line of Flatbush avenue to the southern boundary of
the Plaza; thence westerly along the southern boundary of the Plaza to
the center line of Ninth avenue; thence northerly along a line in continu-
ation of the center line of Ninth avenue to a point where said line would
intersect a line drawn in continuation of the center line of Union street;
thence northwesterly along said line and along the center line of Union
street to the center line of Fourth avenue, and thence northeasterly
along the center line of Fourth avenue to the point or place of beginning..
(Ordinances of City of Brooklyn, 1892, vol. ii., p. 894.)
Tenth ward.
X. The tenth ward of said city shall comprise the following district,
namely: Beginning at a point formed by the intersection of the center of
J'ourth avenue and Bergen street; thence running southwesterly along
the center of Fourth avenue to the center of First street; thence north-
westerly along the center of First street to the center of Gowanus canal;
thence southerly and westerly along the center line of Gowanus canal to
a point where a line drawn in continuation of the center line of Fifth
street would intersect the center line of Gowanus canal; thence north-
westerly along said line drawn in continuation of the center line of Fifth
street to the center line of Fifth street; thence northwesterly along the
center of Fifth street and Fourth place to the center of Court street;
thience along the center of Court street to the center of Bergen street,
and thence southeasterly along the center of Bergen street to the place
of beginning. (L. 1888, ch. 583, tit. 1, § 11.)
Eleventh ward.
XI. The eleventh ward of said city shall comprise the following dis-
trict, namely: Beginning at a point where the center lines of Fulton street
and Bridge street intersect each other; thence running northerly along
the center of Bridge street to the center of Johnson street; thence east-
Erly along the center of Johnson street to the center of Navy street;
thence northerly along the center of Navy street to the center of Nassau
street; thence easterly along Nassau street to the southwesterly corner
of the United States Navy Yard; thence northerly along the same to the
Fast river; thence easterly along the East river and 'Wallabout bay to the
center line of Portland avenue or a line in continuation thereof; thence
southerly along the center of Portland avenue in a straight line, across
Washington park to the center of Atlantic avenue; thence westerly along
the center line of Atlantic avenue to ,a point where the center line of
Atlantic street and Flatbush avenue intersect each other; thence north-
Westerly along the center of Flatbush avenue to the center of Fulton
street; and thence westerly 'along the center of Fulton street to the
point or place of beginning. (L. 1888, ch. 583, tit. 1, § 12.)
Twelfth ward.
XII. The twelfth ward of said city shall comprise the following district,
namelv: Peginning in the East river on the center line of Hamilton
avenue; thence southerly along the center line of Hamilton avenue to
846
APPENDIX IV.
the center of Coles street; thence southeasterly along the center of Coles
street to the center of Henry street; thence northerly along the center
of Henry street to the center of Fourth place; thnce southeasterly along
the center of Fourth place to the center of Smith street; thence northerly
along the center of Smith street to the center of Fifth street; thence
southeasterly along the center of Fifth street and along a line drawn in
continuation of Fifth street to a point where said line would intersect the
center of Gowanus canal; thence southwesterly along the center line of
, Gowanus canal to Gowanus bay; thence along the Gowanus bay and East
river to the place of beginning. (L. 1888, ch. 583, tit. 1, § 13.)
Thirteenth ward.
XIII. The thirteenth ward of said city shall comprise the following
district, namely: Beginning at the permanent water line on the easterly
side of the East river where the same would be intersected by the center
line of Division avenue; thence in an easterly direction along the said
center line of Division avenue to the center line of Rodney street; thence
in a northeasterly direction along the center line of Rodney street to the
center line of Grand street; thence in a northwesterly direction along the
center line of Grand street to the permanent line of the East river;
thence southwesterly along the permanent line of the East river to the
center line of Division avenue, the place of beginning. (Ordinances of
the City of Brooklyn, 1892, vol. ii., p. 895.)
Fourteenth ward.
XIV. The fourteenth ward of said city shall comprise the following
district, namely: Beginning at the easterly permanent line of the East
river, where the same would be intersected by a line drawn through the
center of Grand street; thence running in a southeasterly direction along
the center of Grand street, to the center of the intersection of Grand and
Rodney streets; thence in a northeasterly direction along the center
of Rodney street to the center of the intersection of North Second and
Rodney streets; thence in an easterly direction along the center of North
Second street to the center of the intersection of North Second street and
Union avenue; thence in a northerly direction along the center of Union
avenue to the center of the intersection of Union avenue by Driggs
street; thence in a northeasterly direction along the center of Driggs
street to the center of the intersection of North Fourteenth street by
Fifth street; thence in a northwesterly direction along the center of
North Fourteenth street to the center of the intersection of North Four-
teenth and Kent avenue; thence in a southwesterly direction along the
center of First and North Thirteenth streets; thence in a northwesterly
direction along the center of North Thirteenth street to the easterly per-
manent line of East river; thence in a southwesterly direction along the
easterly permanent line of East river to the center of Grand street, the
place of beginning. (L. 1888, ch. 583, tit. 1, § 15.)
Fifteenth ward.
XV. The fifteenth ward of said city shall comprise the following dis
trict, namely: Beginning at the center of the intersection of South
APPENDIX IV.
847
Second and Rodney streets; thence running in a southeasterly direction
along the center of South Second street to the center of the intersection
of South Second street by Union avenue; thence in a northerly direction
along the center of Union avenue to the center of the intersection of Ten
Eyck street by Union avenue; thence in an easterly direction along the
center of Ten Eyck street to the center of the intersection of Wyckoff
street and Bushwick avenue; thence in a northwesterly direction along
the center of Bushwick avenue to the center of the intersection of Bush-
wick avenue and North Second street; thence in a westerly direction
along the center of North Second street to the center of the intersection
of North Second street and Humboldt street; thence in a northerly
direction along the center of Humboldt street; thence in a northerly
direction along the center of Smith street to the center of the intersection
of Humboldt street and Richardson street; thence in a westerly direction
along the center of Richardson street to the center of the intersection of
Richardson and Leonard streets; thence in a northerly direction along
the center of Leonard street to the center of the intersection of Leonard
and Van Pelt streets; thence in a westerly direction along the center of
Van Pelt street to the center of the intersection of Van Pelt street by
Driggs street; thence in a southwesterly direction along the center
of Driggs street to the center of the intersection of Union avenue by
Driggs street; thence in a southerly direction along the center of Union
avenue to the center of the intersection of Union avenue and North
Second street; thence in a westerly direction along the center of North
Second street to the center of the intersection of Rodney street by
North Second street; thence in a southwesterly direction along the center
of Rodney street to the intersection of Rodney and South Second streets,
the place of beginning. (L. 1888, ch. 583, tit. 1, § 16.)
Sixteenth ward.
XVI. The sixteenth ward of said city shall comprise the following dis-
trict, namely: Beginning at the intersection of the center lines of Rodney
street on Broadway, running thence southeasterly along the center line.
of Broadway to the center line of Flushing avenue; thence in an easterly
direction along the center line of Flushing avenue to the center line of
Bushwick avenue or road, as the same was originally laid down on a com-
raissioner's map of the town of Bushwick; thence in a northerly, north-
westerly and northeasterly direction along the center line of Bushwick
avenue or road, as the same was so laid down to the center line of Ten
Lyck street; thence westerly along the center line of Ten Eyck street to
the center line of Union avenue; thence in a southerly. direction along
we center line of Union avenue to the center line of South Second street;
bence in a northwesterly direction along the center line of South
Decond street to the center line of Rodney street; thence in a southwest-
erly direction along the center line of Rodney street to the center line of
Broadway, the place of beginning. (Ordinances of the City of Brooklyn,
1892, vol. ii., p. 895.)
.
Seventeenth ward.
XVII. The seventeenth ward of said city shall comprise the following
trict, namely: Beginning at the easterly permanent line of the East
848
APPENDIX IV.
river where the same would be intersected by a line drawn through the
center of North Thirteenth street; thence running in a southeasterly
direction along the center of North Thirteenth street to the center of the
intersection of North Thirteenth and Kent avenue; thence northeasterly
along the center of Kent avenue to the center of the intersection of North
Fourteenth and First streets; thence in a southeasterly direction along
thie center of North Fourteenth street to the center of the intersection of
North Fourteenth street by Van Cott avenue; thence along the center of
Van Cottavenuein a northeasterly direction to the center of theintersection
of Van Pelt street by Fifth street; thence in an easterly direction along
the center of Van Pelt street to the center of the intersection of Van
Pelt and Leonard streets; thence in a southerly direction along the center
of Leonard street to the center of the intersection of Leonard and Rich-
ardson streets; thence in an easterly direction along the center of Rich-
ardson street to the center of the intersection of Meeker avenue by
Richardson street; thence in a northeasterly direction along the center
of Meeker avenue, in all its turnings to the center of Newtown creek;
thence in a northwesterly direction along the center of Newtown creek,
in all its meanderings, to the permanent line of the East river to a point
where the permanent line of the East river would intersect the center of
Newtown creek if continued; thence along the easterly permanent line of
the East river in a southerly direction to the center of North Thirteenth
street to the place of beginning. (L. 1888, ch. 583, tit. 1, § 18.)
Eighteenth ward.
XVIII. The eighteenth ward of said city shall comprise the following
district, namely: Beginning at the center of the intersection of Richard-
son street and Meeker avenue; thence running in a northeasterly direc-
tion along the center of Meeker avenue to the center of Newtown creek;
thence in a southeasterly direction along the center of Newtown creek
to the line of the county of Queens; thence southeasterly along the line
of the county of Queens to the center of Flushing avenue at its inter-
section with the said line of the county of Queens; thence southwesterly
and westerly along the center of Flushing avenue until it intersects the
center of Bushwick avenue or road, as the same was originally laid down
on the commissioner's map of the town of Bushwick; thence along the
center of said Bushwick avenue or road, as the same was so laid down to
the center of Ten Eyck street; thence along the center line of Bush-
wick as the same now exists to the center of the intersection of Bush-
wick avenue and North Second street; thence westerly along the center
of North Second street to the center of the intersection of North Second
and Humboldt streets; thence northerly, along the center of Humboldt
to the center of the intersection of Humboldt and Richardson streets;
thence along the center Richardson to the point or place of beginning.
(Ordinances of the City of Brooklyn, 1892, vol. ii., p. 896.)
holat
Nineteenth ward.
XIX. The nineteenth ward of said city shall comprise the following
district, namely: Beginning at a point formed by the intersection of the
center line of Broadway with the center line of Flushing avenue, runnius
thence westerly along the center line of Flushing avenue to the center
APPENDIX IV.
849
line of Washington avenue; thence northerly along the center line of
Washington avenue to the Wallabout canal; thence northwesterly along
said canal to Wallabout bay; thence northwesterly along said Wallabout
bay to the center line of Division avenue; thence easterly along the
center line of Division avenue to the center line of Rodney street; thence
northeasterly along the center line of Rodney street to the center line of
Broadway; thence southeasterly along the center line of Broadway to
Flushing avenue, at the point or place of beginning. (Ordinances of the
City of Brooklyn, 1892, vol. ii., p. 896.)
Twentieth ward.
XX. The twentieth ward of said city shall comprise the following dis-
trict, namely: Beginning at a point formed by the intersection of the
center line of Washington avenue with the center of Atlantic avenue,
running thence westerly along the center line of Atlantic avenue to the
center line of Portland avenue; thence northerly along the center line of
Portland avenue, in a straight line across Washington park, to the East
river or Wallabout bay; thence easterly along the East river or Wallabout
bay to the center of Washington avenue, and thence southerly along the
center of Washington avenue to the center of Atlantic avenue, to the
point or place of beginning. (L. 1888, ch. 583, tit. 1, § 21.)
Twenty-first ward.
XXI. The twenty-first ward of the city of Brooklyn shall comprise the
following district, namely: Beginning at a point formed by the intersec-
tion of the middle lines of Bedford and Lafayette avenues; thence north-
erly along the middle line of Bedford avenue to its intersection with the
middle line of Flushing avenue; thence easterly along the middle line of
Flushing avenue to its intersection with the middle line of Broadway;
thence southeasterly along the middle line of Broadway to its inter-
section with the middle line of Lafayette avenue; thence westerly along
the middle line of Lafayette avenue to the place or point of beginning.
(L. 1888, ch. 583, tit. 1, § 22.)
Twenty-second ward.
XXII. The twenty-second ward of said city shall comprise the following
district, namely: Beginning at a point where the southerly boundary of
the Plaza intersects the center line of Flatbush avenue, running thence
southeasterly along the center line of Flatbush avenue to the line separ-
ating the town of Flatbush from the City of Brooklyn; thence along said
division line as it now runs to the southerly side of Twenty-second street
as laid down on the commissioners' map of the City of Brooklyn; thence
westerly along said southerly side of Twenty-second street, as so laid
own to the westerly side of Tenth avenue; thence northeasterly along
the westerly side of Tenth avenue to the southerly side of Twentieth
weet; thence northwesterly along the southerly side of Twentieth street
o the westerly side of Ninth avenue; thence southwesterly along said
esterly side of Ninth avenue to the northerly line of Twenty-first street;
hence northwesterly along the northerly side of Twenty-first street one
udred feet; thence northeasterly on a line parallel with and distant
vee hundred feet from the westerly line of Ninth avenue to the southerly
54
850
APPENDIX IV.
side of Twentieth street; thence northwesterly along the southerly side
of Twentieth street to the center line of Seventh avenue; thence south-
westerly along the center line of Seventh avenue to the center line of
Twenty-third street; thence northwesterly along the center of Twenty-
third street to the center line of sixth avenue; thence northeasterly along
the center line of Sixth avenue to the center line of Prospect avenue;
thence northwesterly along the center line of Gowanus bay or canal;
thence northeasterly along said center line of said bay or canal as the
same now runs to the center line of First street as originally laid out on
the commissioners' map of the City of Brooklyn; thence southeasterly
along the center line of First street as so laid out to the center line of
Fourth avenue; thence northeasterly along the center line of Fourth
avenue to the center line of Union street; thence southeasterly along the
center line of Union street and a line drawn in continuation thereof to
a point where said line in continuation of the outer line of Union street
intersects a line drawn in continuation of the center line of Ninth ave-
nue; thence along the line drawn in continuation of the center line of
Ninth avenue to the southerly boundary of the Plaza; thence easterly
along the southerly boundary of the Plaza to the place of beginning,
including the southerly and westerly boundaries of Prospect park as
established by law. (Ordinances of the City of Brooklyn, 1892, vol. ii.,
p. 897.)
Twenty-third ward.
XXIII. The twenty-third ward of the city of Brooklyn shall comprise
the following district, namely: Commencing at the intersection of Bed-
ford and Lafayette avenues, running thence easterly along the center line
of Lafayette avenue to the center line of Reid avenue; thence southerly
along the center line of Reid avenue to the center line of Fulton street;
thence westerly along the center line of Fulton street to the center of
Utica avenue; thence southerly along the center of Utica avenue to the
center of Atlantic avenue; thence westerly along the center of Atlantic
avenue to the center of Franklin avenue; thence northerly along the
center of Franklin avenue to the center of Brevoort place; thence easterly
along the center of Brevoort place to the center of Bedford avenue;
thence northerly along the center of Bedford avenue to the place of
beginning. (Ordinances of the City of Brooklyn, 1892, vol. ii., p. 898.)
Twenty-fourth ward.
XXIV. The twenty-fourth ward of the City of Brooklyn shall comprise
the following district, namely: Beginning at a point formed by the intera
section of Franklin and Atlantic avenues, running thence in a southeriy
direction along the middle line of Franklin avenue to the city lide;
thence in an easterly direction along the city line to the middle line ou
Atlantic avenue, and thence in a westerly direction along the middle
of Atlantic avenue to the point or place of beginning. (L. 1888, ch. Doug
tit. 1, § 25.)
Twenty-fifth ward.
XXV. The twenty-fifth ward of the City of Brooklyn shall comprise
following district, namely: Commencing at the center line of Reid
APPENDIX IV.
851
Lafayette avenues; thence southerly along the center of Reid avenue to
the center of Fulton street; thence westerly along the center of Fulton
street to the center of Utica avenue; thence southerly along the center of
Utica avenue to the center of Atlantic avenue; thence easterly along the
center of Atlantic avenue to the former boundary line between the City
of Brooklyn and the town of New Lots; thence northerly along said
boundary line to the center line of Broadway; thence along the center of
Broadway to the center of Lafayette avenue; thence westerly along the
center of Lafayette avenue to the place of beginning. (Ordinances of the
City of Brooklyn 1892, vol. ii., p. 898.)
Twenty-sixth ward.
XXVI. The twenty-sixth ward of the City of Brooklyn shall comprise
the following district, namely: All that portion of the County of Kings
formerly known as the town of New Lots. (L. 1888, ch. 583, tit. 1, § 27.)
Twenty-seventh ward.
XXVII. The twenty-seventh ward of said city shall comprise the follow-
ing district, namely: Beginning at the center of the intersection of Broad-
way and Kosciusko street; thence running in a northeasterly direction
along the center of Kosciusko street to the intersection of Bushwick ave-
nue and Kosciusko street; thence running in a northwesterly direction
along Bushwick avenue to the intersection of Bushwick avenue and Stock-
holm street; thence in a northeasterly direction along the center of Stock-
holm street to the intersection of the line of the County of Queens;
thence northerly or nearly so along the line of the County of Queens to
the center of Flushing avenue at its intersection with the said line of the
County of Queens; thence southwesterly and westerly along the center
of Flushing avenue to the center of the intersection of Broadway; thence
southwesterly along the center of Broadway to the point or place of
beginning. (L. 1892, ch. 57; L. 1883, ch. 583, tit. 1, § 28.)
Twenty-eighth ward.
XXVIII. The twenty-eighth ward of the said city shall comprise the
following district, namely: Beginning at the center of the intersection of
broadway and Kosciusko street; thence running in a northeasterly direc-
tion along the center of Kosciusko street to the intersection of Bushwick
avenue and Kosciusko street; thence running in a northwesterly direction
along the center of Bushwick avenue to the intersection of Bushwick
avenue and Stockholm street; thence in a northeasterly direction along
we center of Stockholm street to the intersection of the line of the
ounty of Queens; thence in a southerly direction along the line of the
ounty of Queens to the westerly line of the twenty-sixth ward, formerly
de town of New Lots; thence southwesterly along the said line to the
ersection of the center of Broadway; thence northwesterly along the
enter of Broadway; thence northwesterly along the center of Broadway
to the place of beginning. (L. 1892, ch. 57; L. 1888, ch. 583, tit. 1, § 29.)
iuter
cent
t.
Twenty-ninth ward.
IX. The twenty-ninth ward of said city comprises all that territory
Withi
o the limits of the town of Flatbush in the County of Kings as the
852
APPENDIX IV.
same was constituted on the twenty-fifth day o. april, one thousand
eight hundred and ninety-four. (L. 1894, ch. 356.)
Thirtieth ward.
XXX. The thirtieth ward of said city comprises all that territory
within the limits of the town of New Utrecht in the County of Kings as
the same was constituted on the third day of May, one thousand eight
hundred and ninety-four. (L. 1894, ch. 451.)
Thirty-first ward.
XXXI. The thirty-first yard of said city comprises all that territory
within the limits of the town of Gravesend in the County of Kings as the
same was constituted on the third day of May, one thousand eight
hundred and ninety-four. (L. 1894, ch. 449.)
Thirty-second ward.
XXXII. The thirty-second ward of said city comprises all that territory
within the limits of the town of Flatlands in the County of Kings as the
same was constituted on the third day of May, one thousand eight
hundred and ninety-four. (L. 1894, ch. 450.)
WARDS INCLUDED IN THE BOROUGH OF QUEENS BY CHARTER
§ 1581, ante.
The territory heretofore known as Long island City shall be known as
ward one of the borough of Queens; the town of Newtown as ward two
of said borough; the town of Flushing as ward three; the town of
Jamaica as ward four; and that part of the town of Hempstead included
within The City of New York, as constituted by this act, shall be known
as ward five of the said borough of Queens.
WARDS INCLUDED IN THE BOROUGH OF RICHMOND BY CHARTER
§ 1580, ante.
The territory included within the towns of Castleton, Middleton, North-
field, Southfield and Westfield, in the county of Richmond, shall, in the
order named, be known and designated as wards one, two, three, four adu
five, respectively, of the borough of Richmond. (§ 1580, ante.)
APPENDIX V.
PART I.
THE STATUTORY PROVISIONS RELATING TO THE CONSTRUCTION,
ALTERATION OR REMOVAL OF BUILDINGS OR OTHER STRUC-
TURE IN THE MUNICIPALITY HERETOFORE KNOWN AS THE
MAYOR, ALDERMEN AND COMMONALTY OF THE CITY OF NEW
YORK, CONSTITUTING TITLE 5 OF CHAPTER 11, LAWS OF 1882,
CHAPTER 410, CONTINUED IN FORCE BY SECTION 647 OF THE
GREATER NEW YORK CHARTER, ante.
(With references to judicial decisions.)
L. 1882, CH. 410.
CHAPTER XI.
TITLE V.
Construction of Buildings.
General rule as to construction of buildings. Projection of buildings
upon streets.
$ 471. No wall, structure, building, part or parts thereof, shall hereafter
be built, constructed, altered or repaired in said city, excepting in con-
formity with the provisions of this title. No building already erected
or hereafter to be built in said city, shall be raised, altered or built upon,
in such manner that were such building wholly built or constructed after
the passage of this act it would be in violation of any of the provisions
of this title. If the front or other exterior wall of any building now
standing in said city shall extend not more than four inches upon any
street, avenue or public place, such wall shall not be removable, unless
an action or proceeding shall be instituted by or in behalf of the mayor,
aldermen and commonalty of the city of New York within the period of
one year from the passage of this act, for the removal of said wall, and
Hotice of pendency of such action or proceeding be thereupon filed in the
Omce of the clerk of the city and county of New York, and indexed
against the owner and the premises in manner and form as shall be
required by law in the case of the filing of a mechanics' lien in the city of
w York. And if a structure, part of a building now standing in said
, known as a bay-window or oriel window, shall extend not more than
e inches upon any street, avenue or public place, said structure shall
be removable unless an action or proceeding shall be instituted by, or
half of, the mayor, aldermen and commonalty of the city of New
k, for the removal of such structure within one year from the passage
S act, and notice of pendency of such action or proceeding be there-
twely
2
of ti
854
APPENDIX V.
upon filed in the office of the clerk of the city and county of New York,
and indexed against the owner and the premises in manner and form as
shall be required by law in the case of the filing of a mechanics' lien in
the city of New York. (As amended by L. 1896, ch. 610, § 1.)
Material of walls.
§ 472. The walls of all buildings, other than frame or wooden build-
ings, shall be constructed of stone, brick, iron or other hard incombusti-
ble material, and the several component parts of such buildings shall be
as herein provided. (As amended by L. 1892, ch. 275, § 8.)
Excavations; party walls.
§ 473. All excavations shall be properly guarded and protected so as
to prevent the same from becoming dangerous to life or limb. and shall
be sheet-piled where necessary to prevent the adjoining earth from
caving in, by the person or persons causing the excavations to be made.
Whenever an examination of either earth or rock for building or other
purposes, shall be intended to be, or shall be carried to the clepth of more
than ten feet below the curb, the person or persons causing such exca-
vation to be made shall at all times, from the commencement until the
completion thereof, if afforded the necessary license to enter on the
adjoining land and not otherwise, at his or their own expense, preserve
any adjoining or contiguous wall or walls from injury, and support the
same by proper foundations, so that the said wall or walls shall be and
remain practically as safe as before such excavation was commenced,
whether the said adjoining or contiguous wall or walls are down more
or less than ten feet below the curb. If such excavation shall not be
intended to be, or shall not be, carried to a depth of more than ten feet
below the curb, the owner or owners of such adjoining or contiguous
wall or walls shall preserve the same from injury, and so support the
same by proper foundations that it or they shall be and remain prac-
tically safe as before such excavation was commenced, and shall be per-
mitted to enter upon the premises where such excavation is being made for
that purpose, when necessary. In case an adjoining party wall is intendeu
to be used by the person or persons causing the excavation to be made,
and such party wall is in good condition and sufficient for the uses of
the adjoining building, then and in such case the person or persons cause
ing the excavations to be made shall, at his or their own expense, pre
serve such party wall from injury and support the same by proper tudo
dations, so that said party wall shall be and remain practically as sale
as before the excavation was commenced. If the person or pers
whose duty it shall be to preserve or protect any wall or walls
injury shall neglect or fail so to do after having had a notice of twee
four hours from the superintendent of buildings, then the superintend
of buildings may enter upon the premises and employ such labor,
furnish such materials, and take such steps as, in his judgment, ma
necessary to make the same safe and secure, or to prevent the sa
from becoming unsafe or dangerous, at the expense of the person or pe
sons last herein referred to. Any party doing the said work, of
part thereof, under and by direction of the said superintendent, or
bring and maintain an action against the person or persons last h
Is from
TV
hereil
APPENDIX V.
855
referred to, to recover the value of the work done and materials fur-
nished, in and about the said premises, in the same manner as if he had
been employed to do the said work by the said person or persons. When
an excavation is made on any lot, and it is intended to use part of such
excavation, on either side or the rear of the lot, as an area, or space for
light and air, the person or persons causing such excavation to be made
shall build at his or their own cost and expense, a retaining wall of suf-
ficient strength to support the adjoining earth; and such retaining wall
shall be carried to the height of the adjoining earth. (As amended by L.
1892, ch. 275, § 9.)
Foundations; piles.
§ 474. Every building except buildings erected upon wharves or piers on
the water front, shall have foundations laid not less than four feet below
the surface of the earth, on the solid ground or level surface of rock, or
upon piles or ranging timbers. Piles intended for a wall, pier or post to
rest upon, shall not be less than five inches in diameter at the smallest
end, and shall be spaced not more than thirty inches on centers, or
nearer if required by the superintendent of buildings and they shall be
driven to a solid bearing. No pile shall be weighted with a load exceed-
ing forty thousand pounds. The tops of all piles shall be cut off below
the lowest water line. When required, concrete shall be rammed down
in the interspaces between the heads of the piles to a depth and thick-
ness of not less than twelve inches and for one foot in width outside of
the piles. Where ranging and capping timbers are laid on piles for foun-
dations, they shall be of hard wood not less than six inches thick and
properly joined together, and their tops laid below the water line. When
crib footings of iron or steel are used below the water level, the same
shall be entirely coated with coal tar, paraffine varnish, or other suitable
preparation, before being placed in position. When footings of iron or
steel for columns are placed below the water level, they shall be similarly
coated for preservation against rust. Foundation walls shall be con-
strued to include all walls and piers built below the curb level or nearest
tier of beams to the curb to serve as supports for walls, piers, columns,
kirders, posts or beams. Foundation walls shall be built of stone or
brick. If built of stone, they shall be at least eight inches thicker than
the wall next above them to a depth of twelve feet below the curb level;
and for every additional ten feet, or part thereof deeper, they shall be
increased four inches in thickness. If built of brick, they shall be at
least four inches thicker than the wall next above them to a depth of
Twelve feet below the curb level; and for every additional ten feet, or
part thereof, deeper, they shall be increased four inches in thickness.
The footing or base course shall be of stone or concrete, or both, or of
Concrete and stepping-up brickwork, of sufficient thickness and area to
safely bear the weight to be imposed thereon; if the footing or base
course be of concrete, the concrete shall not be less than twelve inches
mick; if of stone, the stones shall not be less than two by three feet,
and at least eight inches in thickness for walls, and at least twelve inches
der than the bottom width of said walls, and not less than ten inches in
pickness if under piers, columns or posts, and at least twelve inches
wider
her on all sides than the bottom width of said piers, columns or posts.
wide
thick
856
APPENDIX V.
All base stones shall be well bedded and laid crosswise, edge to edge. If
stepped-up footings of brick are used in place of stone, above the con-
crete, the steps or off-sets, if laid in single courses, shall each not exceed
one and one-half inches, or if laid in double courses, then each shall not
exceed three inches, starting with the brickwork covering the entire
width of the concrete, so as to properly distribute the load to be imposed
thereon. If, in place of a continuous foundation wall, isolated piers are
to be built to support the superstructure, where the nature of the ground
and the character of the building make it necessary, inverted arches shall
be turned between the piers, at least twelve inches thick and of the full
width of the piers, and resting upon a continuous bed of concrete of
sufficient area, and at least eighteen inches thick; or two footing courses
of large stone may be used, the bottom course to be laid crosswise, edge
to edge, and the top course laid lengthwise, end to end; or one course of
concrete and one course of stone. The stones shall not be less than ten
inches thick in each course, and the concrete shall not be less than eigh-
teen inches thick, and the area of the lower course shall be equal to the
area of the base course that would be required under a continuous wall,
and the outside pier shall be secured to the second piers with suitable
iron rods and plates. All stone walls twenty-four inches or less in thick-
ness shall have at least one header extending through the wall in every
three feet in height from the bottom of the wall, and in every four feet
in length, and if over twenty-four inches in thickness, shall have one
header for every six superficial feet on both sides of the wall, and run-
ning into the wall at least two feet. All headers shall be at least eigh-
teen inches in width and eight, inches in thickness and consist of good
flat stones. No stone shall be laid in such walls in any other position
than on its natural bed. Before the walls of buildings are carried up
above the foundation walls the cellars shall be connected with the street
sewers. Should there be no sewer in the street, or if the cellars are below
tide level or below the sewer level, then provision shall be made by the
owner to prevent water accumulating in the cellars. (As amended by L.
1892, ch. 275, § 10.)
(a) Under the common law, the owner of land in making an excavation
which might endanger a building on a neighbor's land, was bound to use
only reasonable care and only liable for negligence; he was under 10
obligation to shore up his neighbor's house, or give him notice of his
intention to excavate; but by this section, the common-law liability was
modified by affording to owners of buildings a new protection agains
injuries from excavations on adjoining lands. Dorrity v. Rapp, 72 N.
307, 310.
(6) In order to subject the person excavating to the expense of prea
serving wall on adjoining land, he must be afforded the necessary license,
which must be explicit and sufficient to protect him, and be given by a
persons who would be injured by such acts. Sherwood v. Seaman, a
Bosw. 127.
(c) When a party, having obtained the license as required by this seu
tion, has shored up a party wall and removed the foundation thereoty!
may, notwithstanding a revocation of the license, proceed and build up
a new foundation wall so as to sustain the party wall, and for that per
pose has the right to enter upon so much of the adjoining premises as
en
APPENDIX V.
857
necessary, and until his work is done, if he proceed with reasonable dis-
patch and does it in a good, workmanlike manner, with as little inconven-
ience and injury as possible to the adjoining occupant, he may not be
regarded as a trespasser, nor can he be required to remove the supports
to the wall. Ketcham v. Newman, 116 N. Y. 422.
(d) It seems that if the license or permission to enter to support the
wall is withholden, the parties stand upon their common-law rights.
Johnson v. Oppenheim, 55 N. Y. 280, 286.
(e) The duty of the party making the excavation to support an adjoin-
ing wall does not cease at the completion of the excavation, but imposes
upon him the duty to so protect the wall that the same should not be
injured by reason of the structure which put into the excavation, after
making it, so that the wall of such adjoining owner should remain as
stable as before the excavation was commenced. Bernheimer v. Kilpat-
rick, 53 Hun, 316; S. C., 6 N. Y. Supp. 858.
(f) The license to enter on adjoining land to protect wall from injury
need not be proffered or tendered by the owner of the adjoining land in
order that he may receive the benefit of this statute; but it is incum-
bent upon the party causing the excavation to be made, to request per-
mission to enter to support the wall, and if he fails so to do, he is liable
for the damages. Dorrity v. Rapp, 72 N. Y. 307; s. C., 4 Abb. N. C. 292,
rev'g 11 Hun, 374; Cohen v. Simmons, 66 Hun, 634; S. C., 21 N. Y. Supp.
385; affi'd in 142 N. Y. 671.
(9) That the excavation was made by a contractor does not exempt
the owner of the land from the liability under the statute. Dorrity v.
Rapp, ante.
(1) The provision of this section requiring an owner, excavating below
ten feet, to protect his neighbor's wall does not apply to excavations
made in the street under the direction of the municipal authorities.
Jencks v. Kenny, 19 N. Y. Supp. 243; S. C., 28 Abb. N. C. 154; compare note
to 28 Abb. N. C. 155.
(i) See McKenzie v. Hatton, 141 N. Y. 8; affi'g 70 Hun, 143. .
Vaults under sidewalks; retaining walls for roadway.
$ 475. In buildings where the space under the sidewalk is utilized,
a sufficient stone or brick wall shall be built to retain the roadway of
the street, and the side end or party walls of such building shall extend
under the sidewalk of sufficient thickness to such wall. The roofs of all
vaults shall be of incombustible material. Openings in the roofs of
vaults for the admission of coal or light, shall be covered with lens lights
In iron frame, or with iron covers having a rough surface, and rabbeted
mush with the sidewalk. When areas are covered over, iron, or iron and
glass combined, stone or other incombustible material shall be used,
asiu. sufficient strength in such covering shall be provided to insure
salety to persons walking on the same, and to carry the loads which
Ilay. be placed thereon. Open areas shall be properly protected with
suitable railings. (As amended by L. 1892, ch. 275, § 11.)
Thickness of walls of dwellings.
8 476. The basement walls of dwelling-houses, not over thirty-five feet.
all height, and not over twenty feet in width, shall not be less than twelve
858
APPENDIX V.
inches thick, if of brick. The other walls shall not be less than eight
iuches thick; but no party wall in any such building shall be less than
twelve inches thick. The walls of all dwelling-houses, whether called
tenement-houses, apartment-houses, flats, hotels or other buildings which
are to be used for residence purposes, twenty-six feet or less in width
between walls, and also the walls of school-houses, which are hereafter
erected, or which may be altered to be used as herein specified, over
thirty-five feet in height and not over fifty feet in height, shall not be
less than twelve inches thick above the foundation wall; but no wall
sliall be built having a twelve-inch thick portion measuring vertically
more than fifty feet. If over fifty feet in height and not over sixty feet
in height, the walls shall not be less than twelve inches thick above the
basement, if a high-stoop house, and not less than sixteen inches thick
in the first story, if not a high-stoop house. If over sixty feet in height,
and not over seventy-five feet in height, the walls shall not be less than
sixteen inches thick to the height of twenty-five feet, or to the nearest
tier of beams to that height, and from thence not less than twelve inches
thick to the top. If over seventy-five feet in height, and not over eighty-
five feet in height, the walls shall not be less than twenty inches thick to
the height of twenty feet, or to the nearest tier of beams to that height,
thence not less than sixteen inches thick to the height of sixty feet, or to
the nearest tier of beams to that height, and from thence not less than
twelve inches thick to the top. If over eighty-five feet in height and not
over one hundred feet in height, the walls shall not be less than twenty-
four inches thick to the height of thirty-five feet, or to the nearest tier of
beams to that height, thence not less than twenty inches thick to the
height of seventy-five feet, or to the nearest tier of beams to that height,
and from thence not less than sixteen inches thick to the top. If over
one hundred feet in height and not over one hundred and fifteen feet in
height, the walls shall not be less than twenty-eight inches thick to the
height of twenty-five feet, or to the nearest tier of beams to that. height;
thence not less than twenty-four inches thick to the height of fifty feet,
or to the nearest tier of beams to that height; thence not less than
twenty inches thick to the height of ninety-feet, or to the nearest tier of
beams to that height, and from thence not less than sixteen inches thick
to the top. If over one hundred and fifteen feet in height, each additional
twenty-five feet in height or part thereof, next above the curb, shall be
increased four inches in thickness, the upper one hundred and fifteen feet
of wall remaining the same as specified for a wall of that height. All
non-bearing walls of buildings herein before in this section specified may
be four inches less in thickness, provided, however, that none are less
than twelve inches thick, except as hereinafter specified. Eight-inch
lirick partition walls may be built to support the beams in such build
ings in which the distance between the walls is not over thirty-thre
feet; provided, that no clear span is over twenty-six feet; but no SUCE
partition wall shall be built having an eight-inch thick portion measur
ing vertically more than fifty feet. This clause shall not be constr
to prevent the use of iron girders or iron girders and columns, or pier,
masonry, for the support of the walls and ceilings over any room W
has a clear span of more than twenty-six feet between walls. If the c
span is to be over twenty-six feet, then the bearing walls shall
increased four inches in thickness for every twelve and one-half feet us
. APPENDIX V.
859
part thereof, that said span is over twenty-six feet. Whenever two or
more dwelling-houses shall be constructed not over twelve feet six inches
in width, and not over fifty feet high, the alternate center wall between
any two such houses, shall be of brick not less than eight inches thick
above the foundation wall; but no such wall shall have an eight-inch thick
pcrtion measuring vertically more than fifty feet; and the ends of the
floor beams shall be so separated that four inches of brickwork will be
between the beams where they rest on the said center wall. In no case
shall either end of a beam or beams rest on stud partitions. (As amended
by L. 1892, ch. 275, $ 12.)
Thickness of walls of warehouses, factories, etc.
$ 477. The walls of all warehouses, stores, factories, and stables, twenty-
five feet or less in width between walls, shall not be less than twelve
inches thick to the height of forty feet. If over forty feet in height, and
not over sixty feet in height, the walls shall not be less than sixteen
iuches thick to the height of forty feet, or to the nearest tier of beams
to that height, and not less than twelve inches thick from thence to the
top. If over sixty feet in height, and not over seventy-five feet in height,
the walls not to be less than twenty inches thick to the height of twenty-
five feet or to the nearest tier of beams to that height, and from thence
not less than sixteen inches thick to the top. If over seventy-five feet in
height and not over eighty-five feet in height, the walls shall not be less
than twenty-four inches thick to the height of twenty feet, or to the
nearest tier of beams to that height; thence not less than twenty inches
thick to the height of sixty feet, or to the nearest tier of beams to that
height; and thence not less than sixteen inches thick to the
top. If over eighty-five feet in height and not over one hun-
dred feet in height, the walls shall not be less than twenty-
eight inches thick to the height of twenty-five feet or to the near-
est tier of beams to that height; thence not less than twenty-four inches
thick to the height of fifty feet, or to the nearest tier of beams to that
height; thence not less than twenty inches thick to the height of sev-
enty-five feet, or to the nearest tier of beams to that height, and thence
110t less than sixteen inches thick to the top. If over one hundred feet
in height, each additional twenty-five feet in height, or part thereof, next
above the curb, shall be increased four inches in thickness, the upper
one hundred feet of wall remaining the same as specified for a wall of
that height. If there is to be a clear span of over twenty-five feet
between walls, the bearing walls shall be four inches more in thickness
than is in this section specified, for every twelve and one-half feet, or
Traction thereof, that said walls are more than twenty-five feet apart.
All buildings, not excepting dwellings, that are over one hundred and
live feet in depth, without a crosswall, or proper piers or buttresses,
shall have the side or bearing walls increased in thickness four inches
more than is specified in the respective sections of this title for the thick-
ness of walls for every one hundred and five feet, or part thereof, that
old buildings are over one hundred and five feet in depth. In all stores,
varehouses and factories over twenty-five feet in width between walls in
which there shall be brick partition walls, or girders supported on iron or
wooden columns, or piers of masonry, the partition walls, or girders, shall
· Said
860
APPENDIX V.
be so placed that the space between any two partition walls or girders,
shall not exceed twenty-five feet, and the iron or wooden columns, or
piers of masonry, and girders, shall be made of sufficient strength and
size to bear safely the weight and any lateral strain to be imposed upon
them. In case iron or wooden girders, supported by iron or wooden
columns, or piers of masonry, are substituted in place of brick partition
walls, the building may be seventy-five feet wide and two hundred and
ten feet deep, and when the building is located on a corner, it may be one
hundred feet wide and one hundred and five feet deep, but not wider nor
deeper, except in case of fire-proof buildings which may be constructed
as hereinafter provided for in section four hundred and eighty-four of
this title. In case the walls of any building are less than twenty-five
fcet apart, and less than forty feet in depth, or there are crosswalls
which intersect the wall, not more than forty feet distant or between the
same, or piers or buttresses built into the walls, the interior walls may
be reduced in thickness in just proportion to the number of crosswalls,
piers or buttresses, and their nearness to each other; provided, however,
that this clause shall not apply to walls below sixty feet in height, and
that no such wall shall be less than twelve inches thick at the top, and
gradually increased in thickness by set-offs to the bottom; and the super-
intendent of buildings is hereby authorized and empowered to decide
(except where herein otherwise provided for) how much the walls herein
mentioned may be permitted to be reduced in thickness, according to the
peculiar circumstances of each case, without endangering the strength
and safety of the building. The walls of churches, theaters, foundries,
machine shops, car or stage-houses, armories, public markets not over
two stories in height, and other buildings of a public character, shall in
no case be less than is in this title specified for warehouses; and said
buildings shall have, in addition thereto, such piers or buttresses as, in
the judgment of the superintendent of buildings, may be necessary to
make a safe and substantial building. One story structures not exceeding
a height of fifteen feet may be built with eight-inch walls when the
bearing walls are not more than nineteen feet apart and the length of
the eight-inch bearing walls does not exceed thirty-five feet. Curtain
walls of brick built in between iron or steel columns, and supported
wholly or in part on iron or steel girders, shall not be less than twelve
inches thick for fifty feet of the uppermost height thereof, or to the near-
est tier of beams to that measurement, in any building so constructed,
and every lower section of fifty feet or to the nearest tier of beams to
such vertical measurement, or part thereof, shall have a thickness of four
inches more than is required for the section next above it, down to the
tier of beams nearest to the curb level; and thence downwardly the thick:
ness of walls shall increase in the ratio prescribed in section four hundred
and seventy-four of this title for the thickness of foundation walls. (AS
amended by L. 1892, ch. 275, § 13.)
Piers and buttresses; thickness of ashlar stone.
$ 478. In all walls the same amount of materials may be used in ples
or buttresses. Curtain walls may be made four inches less in thickness
than is specified respectively for walls of dwellings, and buildings Othe!
than dwellings, but no curtain wall shall be less than twelve inches
has
APPENDIX V.
860a
CHAPTER. 723.
AN ACT to amend chapter four hundred and ten of the laws of eighteen
hundred and eighty-two, entitled “ An act to consolidate into one act
and to declare the special and local laws affecting public interests in
The City of New York,” relating to the erection of coverings over
sidewalks and enclosures around buildings, for the protection of
pedestrians.
Accepted by the city.
Became a law May 24, 1896, with the approval of the Governor. Passed,
a majority being present.
The People of the State of New York, represented in Senate and Assembly, do
enact as follows:
SECTION 1. Title five of chapter eleven of chapter four hundred and ten
of the laws of eighteen hundred and eighty-two is hereby amended by
inserting a new section to be known as section four hundred and seventy-
eight, to read as follows:
Enclosure and shed coverings for the protection of pedestrians.
$ 478. Whenever buildings shall be erected or increased to over fifty-
five feet in height upon or along any street in this city, the owner con-
structing or repairing such building shall have erected and maintained
during such construction or repair, a shed over sidewalk in front of said
premises extending from building line to curb, the same to be properly,
strongly and tightly constructed, so as to protect pedestrians and others
using such streets, from the fall of tools, brick, or other material.
Whenever outside scaffolds are required to carry on the construction of
buildings over seventy feet in height, whether the same be constructed
by poles or thrust-out scaffold, there shall be erected on its outer edge
and ends an enclosure of wire netting of not over two-inch mesh, or of
boards not less than three-fourths of an inch thick, placed not over one
and one-half inches apart, well secured to uprights not less than two
inches by four inches, fastened to planks or timbers and resting on put-
logs or thrust-outs. The said enclosure to be carried up at least five
feet in addition above the level on which the workmen employed on said
front are working. The said thrust-outs shall not be less than three by
ten, of spruce or yellow pine and to be doubled and tripled as may be
required for the load to be carried, and to be thoroughly braced and
secured; or said timbers can be in one stick if proportioned to the load.
The flooring on thrust-outs and put-logs shall be tightly constructed with
planks so as to prevent materials or tools from falling through. This
said floor and enclosure shall not be removed until a like floor and
enclosure is already prepared and in position on the story above. In all
buildings during construction or alteration the windows on each floor
above the second shall be enclosed as soon as the story is built, by wire
wesh netting, the meshes of which shall not be over three-fourths of an
ich wide, well secured to the frame or jambs, and shall not be removed
until the permanent sashes or shutters are set in, without the written
non
860b
APPENDIX V.
order of the owner or his architect. And it shall be a misdemeanor pun-
ishable by a fine of ten dollars or imprisonment or both, at the discretion
of the magistrate, for any person to remove or destroy said enclosure
without the order heretofore inentioned. If the walls of such buildings
are carried up two stories or more above the roofs or adjoining build-
ings, proper means shall be provided and used for the protection of sky-
lights and roofs of such adjoining buildings. The protection over sky-
lights to be of stout wire netting not over three-fourths inch mesh on
stout timbers and properly secured. All such sheds and enclosures are
to be subject to the inspection of the Department of Buildings. Should
said adjoining owner, tenant, or lessee refuse to grant permission to have
said roofs and skylights so protected, such refusal by said owner, tenant
or lessee shall relieve the owner of the building in course of construction
from any responsibility for damage done to persons or property on or
within the premises affected. Should such enclosure or protection not be
so erected the Superintendent of Buildings shall cause a notice to be
served personally upon the owner, or his authorized agent constructing
or repairing such buildings, or the owner, tenant, or lessee of adjoining
premises, requiring such enclosure or protection as provided in this
section, specifying the manner in which same shall be erected; and if
such enclosures or protections are not erected, strengthened or modified
as provided in such notice within three days after the service thereof,
the said Superintendent of Buildings shall have full power and authority
to cause such enclosure to be erected on the fronts and roofs, and the
skylights protected, and all expenses connected with same may become
a lien on the property in interest so enclosed and protected, and which
lien may be created and enforced in the same manner as now provided
for in the title.
$ 2. This act shall take effect immediately.
· APPENDIX V.
861
thick. If any horizontal section through any part of any bearing wall
in any building shows more than twenty-five per centum area of flues
and openings, the said wall shall be increased four inches in thickness
for every ten percentum, or fraction thereof, of flue or opening area in
excess of twenty-five per centum. Every pier built of brick containing less
than nine superficial feet at the base, supporting any beam, girder, arch
or column on which a wall rests, or lintel spanning an opening over ten
feet and supporting a wall, shall at intervals of not over thirty inches
apart in height have built into it a bond stone not less than four inches
thick, or a cast-iron plate of sufficient strength, and the full size of the
piers. All piers shall be built of stone or good, hard, well-burnt brick
laid in cement mortar. Isolated brick piers shall not exceed twelve
times their least dimensions. Stone posts for the support of posts or
columns above shall not be used in the interior of any building. For
piers fronting on a street the bond stones may conform with the kind of
stone used for the trimmings of the front. Where walls or piers are
built of coursed stones, with dressed level beds and vertical joints, the
superintendent of buildings shall have the right to allow such walls or
piers to be built of a less thickness than specified for brick work, but in
no case shall said walls or piers be less than three-quarters of the thick-
ness provided for brick work. In all brick walls every sixth course shall
be a heading course, except where walls are faced with brick in running
bond, in which latter case, every sixth course shall be bonded into the
backing by cutting the course of the face brick and putting in diagonal
headers behind the same, or by splitting the face brick in half and back-
ing the same with a continuous row of headers. All stone used for the
facing of any building, and known as ashlar shall not be less than four
inches thick. Stone ashlar shall be anchored to the backing and the
backing shall be of such thickness as to make the walls (independent of
the ashlar) conform as to the thickness with the requirements of sections
four hundred and seventy-six and four hundred and seventy-seven of this
title. Iron ashlar plates used in imitation of stone ashlar on the face of
a wall must be backed up with the same thickness of brick work as stone.
ashlar. Walls heretofore built for or used as party walls, whose thick-
ness at the time of their erection was in accordance with the require-
ments of the then existing laws, but which are not in accordance with
the requirements of this title, may be used if in good condition for the
ordinary uses of party walls, provided the height of the same be not
Increased. In case it is desired to increase the height of existing party
or independent walls, which walls are less in thickness than required
under this title the same shall be done by a lining of brick work to form
a combined thickness with the old wall of not less than four inches more
man the thickness required for a new wall corresponding with the total
leight of the wall when so increased in height. The said linings shall
de supported on proper foundations and carried up to such height as
une superintendent of buildings may require. No lining shall be less
man eight inches in thickness, and all lining shall be laid up in cement
hortar and thoroughly anchored to the old brick walls with suitable
Tought-iron anchors, placed two feet apart and properly fastened or
miren into the old walls in rows alternating vertically and horizontally
ith each other, the old walls being first cleaned of plaster or other
Iho
862
APPENDIX V.
coatings where any lining is to be built against the same. Any building,
the erection of which was commenced in accordance with specifications
and plans submitted to and approved by the superintendent of buildings
prior to the passage of this act, if properly constructed, and in safe con-
dition, may be completed or built upon in accordance with the require-
ments of law, as to the thickness of walls, in force at the time when
such specifications and plans were approved. In no case shall any wall
or walls of any buildings be carried up more than two stories in advance
of any other wall, except by permission of the superintendent of build-
ings. The front, rear, side and party walls shall be properly bonded
together, or anchored to each other every six feet in their height by
wrought-iron tie anchors, not less than one and one-half inches by three-
eighths of an inch in size. The side anchors shall be built into the side
or party walls not less than sixteen inches, and into the front and rear
wall, so as to secure the front and rear walls to the side, or party walls,
when not built and bonded together. The walls of every building, dur-
ing the erection or alteration thereof, shall be strongly braced from the
beams of each story, and when required, shall also be braced from the
outside, until the building is inclosed. The roof tier of wooden beams
shall be safely anchored, with plank or joist, to the beams of the story
below until the building is inclosed. (As amended by L. 1892, ch. 275,
§ 14.)
Materials of walls, how laid.
§ 479. The walls of all buildings below the curb level, or the first tier
of floor beams nearest thereto, shall be laid in cement mortar, and the
backing up of all stone ashlar shall also be laid up with cement mortar,
or cement and lime mortar mixed. All other walls built of brick or stone
shall be laid in lime or cement mortar, or in lime and cement mortar
mixed. In all walls that are built hollow the same quantity of stone or
brick shall be used in their construction as if they were built solid, as in
this title provided, and no hollow wall shall be built unless the parts of
same are connected by proper ties, either of brick, stone or iron, placed
not over twenty-four inches apart. The inside four inches of all walls
may be built of hard-burnt hollow clay or porous terra-cotta blocks, prop-
erly tied and bonded into the walls, and of the dimensions of ordinary
bricks. All exterior and division or party walls over fifteen feet high,
excepting where such walls are to be finished with cornices, gutters 01
crown mouldings, shall have parapet walls carried two feet above the
roof, and shall be coped with stone, well-burnt terra-cotta or cast iron.
Recesses for stairways or elevators may be left in the foundation or cellar
walls of all buildings, but in no case shall the walls be of less thickness
than the walls of the third story, unless reinforced by additional piers
with iron girders, or iron columns and girders, securely anchored to walls
on each side. No recess for water or other pipes shall be made in any
wall more than one-third of its thickness, and the recesses around said
pipe or pipes shall be filled up with solid masonry for the space of out
foot at the top and bottom of each story. Recesses for alcoves and
similar purposes shall not be deeper than eight inches, and in no ca
shall there be less than eight inches of brickwork at the back of su
recesses, and provided that such recesses shall not be more than eigu
APPENDIX V.
863
feet in width, and shall be arched over and not carried up higher than:
eighteen inches below the bottom of the beams of the floor next above.
The aggregate area of recesses in any wall shall not exceed one-fourth
of the whole area of the face of the wall on any story, nor shall any
such recess be made within a distance of six feet from any other one in
the same wall. In all furred walls the course of brick above the under
side and below the top of each tier of floor beams shall project the thick-
ness of the furring, to more effectually prevent the spread of fire. The
walls and piers of all buildings shall be properly bonded and solidly put
together with close joints filled with mortar. They shall be built to
à line and be carried up plumb and straight. The walls of each story
shall be built up the full thickness to the top of the beams above. All
brick laid in non-freezing weather shall be well wet immediately before
being laid. Walls or piers, or parts of walls and piers, shall not be built
in freezing weather, and if frozen, shall not be built upon. The brick
used in all buildings shall be good, hard, well burnt brick. The sand
used for mortar in all buildings shall be clean, sharp sand, and shall not
be finer than the standard samples kept in the office of the superintend-
ent of buildings. Cement mortar shall be made of sand and cement in the
proportion of not more than three parts of sand to one part of cement,
and shall be used immediately after being mixed. Lime mortar shall be
made of not more than four parts of sand to one part of lime, and shall
not be used before being thoroughly slaked. Cement and lime mortar
sliall be made of one part of lime, one part of cement and three parts of
sand to each. Concrete for foundations shall be made of one part of
cement, two parts of sand and five parts of small, clean broken stone, all
carefully mixed. (As amended by L. 1892, ch. 275, § 15.)
Buildings five stories high to be fire-proof on first story; fire-proof
walls.
§ 480. Every building hereafter altered to be occupied as a hotel, and
every building hereafter erected or altered to be occupied as a lodging-
house, and every tenement-house, apartment-house and dwelling-house
five stories in height, or having a basement and four stories in height
above a cellar, hereafter erected or altered to be occupied by one or
more families on any floor above the first, shall have the first floor above
the cellar or lowest story constructed fire proof with iron or steel beams
and brick arches. The stairs from the cellar or lowest story to the fire-
proof floor next above, when placed within any such building, shall be
located to the rear of the staircase leading from the first story to the
upper stories and be inclosed with brick walls. The opening through
the brick wall of such inclosure into the lowest story shall have an iron
Coor, or a tin covered wooden door constructed as hereinafter described
in section four hundred and ninety-one of this title, and shall be self-
Closing. When the stairs from the first story to the cellar or lowest story
are located in an open side court the door opening leading thereto from
nrst story may be placed underneath the staircase in the first story,
the strings and railings of such outside stairs shall be of iron, and
the stairs be inclosed from the weather incombustible material only
all be used for that purpose. No closet shall be constructed under-
ath the first story staircase, but the space thereunder shall be left
lo
and
if t
sball
864
APPENDIX V.
entirely open and be kept free from incumbrance. Every such building
exceeding five stories in height, or having a basement and five stories
in height above a cellar, shall be constructed as in this section above
described, and shall also have the halls and stairs inclosed with twelve-
inch brick walls. Eight-inch brick walls not exceeding fifty feet in their
vertical measurement, may inclose said halls and stairs, and be used as
bearing walls where the distance between the outside bearing walls
does not exceed thirty-three feet, and the area between the said brick
inclosure wall does not exceed one hundred and eighty superficial feet.
The floors, stairs and ceilings in said halls and stairways shall be made of
iron, brick, stone, or other hard incombustible materials, excepting that
the flooring and sleepers underneath the same may be of wood and the
treads and handrails of the stairs may be of hard wood, provided that
where wooden treads are used the underside of the stairs shall be
entirely lathed with iron or wire lath and plastered thereon, or covered
with metal. At least one flight of such stairs in each of said buildings
shall extend to the roof, and be inclosed in a bulkhead built of fire-proof
materials. When the said halls and stairways are placed centrally in,
or back from the front line of the building, a connecting fire-proof hall-
way inclosed with brick walls shall be provided on the first story and
extend to the street. In every building thereafter erected, all the walls
or partitions forming interior light or vent shafts shall be built of brick,
or such other fire-proof materials as may be approved by the superin-
tendent of buildings. The walls of all light or vent shafts, whether
exterior or interior, hereafter erected, shall be carried up not less than
three and one-half feet above the level of the roof. Eight-inch brick and
six-inch and four-inch hollow tile partition walls, of hard-burnt clay, or
porous terra-cotta, may be built, not exceeding in their vertical portions
a measurement of fifty, thirty-six and twenty-four feet respectively, and
in their horizontal measurement a length not exceeding seventy-five feet,
unless strengthened by proper crosswalls, piers or buttresses. All such
walls are to be carried on proper foundations, or on iron girders, or on
iron girders and columns of piers of masonry. One line of fore and aft
partitions in the cellar or lowest story, supporting stud partititions
above, in all buildings over eighteen feet between bearing walls in the
cellar or lowest story, hereafter erected, shall be constructed of brick,
not less than eight inches thick, or piers of brick with openings arched
over below the underside of the first tier of beams, and the stairs shall
be inclosed by a suitable brick wall carried up to the top of the tier 01
beams nearest the curb line. Fore and aft stud partitions and such other
main stud partitions as may be required by the superintendent of build
ings, which may be placed in the cellar or lowest story of any building,
shall have good solid stone or brick foundation walls under the same,
which shall be built up to the top of the floor beams or sleepers, and the
sills of said partitions shall be of locust, or other suitable hard wood; bu
if the walls are built five inches higher of brick than the top of the f100.
beams or sleepers, any wooden sill may be used on which the stud sa
be set. Fore and aft stud partitions that rest directly over each other,
shall run through the wooden floor beams and rest on the plate of tot
partition below, and shall have the studding filled in solid between the
uprights to the depth of the floor beams with suitable incombustio
the
ther.
APPENDIX V.
865
,
materials. All girders supporting the first tier of wooden beams in build-
ings shall be supported by brick piers, or iron, locust or other suitable
hard wood, posts of sufficient strength, on proper foundations. The floor
of the cellar or lowest story in every dwelling-house, tenement-house,
apartment-house, lodging-house and hotel hereafter erected, shall be
concreted with suitable materials not less than three inches thick. The
ceiling over every cellar or lowest floor in dwelling-houses, when the
beams are of wood, shall be lathed with iron or wire lath and plastered
thereon with two coats of brown mortar of good materials. When wains- .
coting is used, in any building hereafter erected, the surface of the wall
or partition behind such wainscoting shall be plastered down to the floor
line, and any intervening space between the said plastering and wainscot
shall be filled in solid with incombustible material. (As amended by L.
1892, ch. 275, $ 16.)
Openings for doors and windows.
$ 481. Openings for doors and windows in all buildings, except as other-
wise provided, shall have good and sufficient arches of stone, brick, or
terra-cotta, well built and keyed with good and sufficient abutments, or
lintels of stone as follows: For an opening not more than four feet in
width, the lintel shall not be less than eight inches in height; and for an
opening not more than six feet in width, the lintel shall not be less than
twelve inches in height; and for an opening exceeding six feet in width,
and not more than eight feet in width, the lintel shall be the full thick-
ness of the wall to be supported, and not less than twelve inches in
height. Every stone lintel over such opening six feet or less in width, in
all walls, shall not be less than four inches thick, and shall have a bear-
ing at each end of not less than five inches on the wall. On the inside of
all openings in which the stone lintel shall be less than the thickness of
the wall to be supported, there shall be a good timber lintel on the inside
of the stone lintel, which shall rest at each end not more than three
inches on any wall, and shall be chamfered at each end, and shall have
a double row-lock or bonded arch turned over the timber lintel. Or the
inside lintel may be of cast iron, and in such casé stone blocks or cast
iron plates shall not be required at the ends where the lintel rests on the
walls, provided the opening is not more than six feet in width. (As
amended by L. 1892, ch. 275, $ 17.)
Height and width of walls, how measured.
§ 482. The height of all walls shall be measured from the curb level at
the center of the building to the top of the highest point of the roof
beams in the case of flat roofs, and for high-pitched roofs the average of
the height of the gable shall be taken as the highest point of the wall.
a case the wall is carried on iron girders or iron girders and columns, or
pers of masonry, the measurements, as to height, may be taken from the
top of such girder. When the walls of a structure do not adjoin the
street, then the average level for the ground adjoining the walls may be
Laken instead of the curb level for the height of such structure. The
Ith of buildings, for the purposes of this title, shall be determined by
he way the beams are placed. The lengthwise of the beams shall be
considered and taken to be the widthwise of the building, and the bear-
wit
55
866
APPENDIX V.
ing walls are those walls on which the beams or trusses rest. (As
amended by L. 1892, ch. 275, § 18.)
Strength of floors, roof beams, columns, etc.
§ 483. In every building used as a dwelling-house, tenement-house,
apartment-house or hotel, each floor shall be of sufficient strength in all
its parts to bear safely upon every superficial foot of its surface seventy
pounds; and if to be used for office purposes not less than one hundred
pounds upon every superficial foot; if to be used as a place of public
assembly, one hundred and twenty pounds; and if to be used as a store,
factory, warehouse or for any other manufacturing or commercial pur-
pose, one hundred and fifty pounds and upwards upon every superficial
foot, and every floor shall be of sufficient strength to bear safely the
weight to be imposed thereon in addition to the weight of the materials
of which the floor is composed. The roofs of all buildings shall be pro-
portioned to bear safely fifty pounds upon every superficial foot of their
surface, in addition to the weight of materials composing the same.
Every column, post or other vertical support shall be of sufficient strength
to bear safely the weight of the portion of each and every floor depend-
ing upon it for support, in addition to the weight required as before
stated to be supported safely upon said portions of said floors. The
dimensions of each piece or combination of materials required shall be
ascertained by computation, according to the rules given in Haswell's
Mechanics and Engineers’ Pocket-Book, except as may be otherwise pro-
vided for in this title. The strength of all columns and posts shall be.
computed according to Gordon's formulae, and the crushing weights in
pounds, to the square inch of section, for the following named materials,
shall be taken as the co-efficients in said formulae, namely: Cast-iron,
eighty thousand; wrought or rolled iron, forty thousand; rolled steel,
forty-eight thousand; white pine and spruce, three thousand five hun-
dred; pitch or Georgia pine, five thousand, American oak, six thousand.
The breaking strength of wooden beams and girders shall be computed
according to the formulae in which the constants for transverse strains
for central loads, shall be as follows, namely: Hemlock, four hundred;
white pine, four hundred and fifty; spruce, four hundred and fifty; pitch,
or Georgia pine, five hundred and fifty; American oak, five hundred and
fifty; and for wooden beams and girders carrying a uniformly distributed
load the constants will be doubled. The factors of safety shall be as one
to four for all beams, girders and other pieces subject to a transverse
strain; and as one to four for all posts, columns and other vertical sup-
ports when of wrought iron or rolled steel, and as one to five for other
materials, subject to a compressive strain; and as one to six for. tie-rods,
tie-beams, and other pieces subject to a tensile strain. Good, solid,
natural earth shall be deemed to safely sustain a load of four tons to the
superficial foot, or as otherwise determined by the superintendent ol
buildings, and the width of footing courses shall be at least sufficient to
meet this requirement. In computing the weight of walls, a cubic foot of
brickwork shall be deemed to weigh one hundred and fifteen pounds.
Sandstone, white marble, granite and other kinds of building stone shall
be deemed to weigh one hundred and sixty pounds per cubic foot.
safe-bearing load to apply to good brickwork shall be taken at eight to
The
ons
APPENDIX V.
867
per superficial foot, when good lime mortar is used; eleven and one-half
tons per superficial foot when good lime and cement mortar mixed is
used; and fifteen tons per superficial foot when good cement mortar is
used. Every temporary support placed under any structure, wall, girder
or beam, during the erection, finishing, alteration, or repairing of any
building or structure or any part thereof, shall be of sufficient strength to
safely carry the load to be placed thereon. In all warehouses, store-
bouses, factories, workshops, and stores where heavy materials are kept
or stored, or machinery introduced, the weight that each floor will safely
sustain upon each superficial foot thereof, shall within ninety days after
the passage of this act, be estimated by the owner or occupant, or by
a competent person employed by the owner or occupant. Such estimate
shall be reduced to writing, stating the material, size, distance apart and
span of beams and girders, posts or columns to support floors, and its
correctness shall be sworn to by the person making the same, and it shall
thereupon be filed in the office of the bureau of inspection of bụildings.
But if the superintendent of buildings shall have cause to doubt the cor-
rectness of said estimate he is empowered to revise and correct the same,
and for the purpose of such revision the officers and employes of said
department of buildings may enter any building and remove so much of
any floor or other portion thereof as may be required to make necessary
measurements and examination. When the correct estimate of the
weight that the floors in any such buildings will safely sustain has been
ascertained, as herein provided, the superintendent of buildings shall
approve the same, and thereupon the owner or occupant of said building,
or of any portion thereof, shall post a copy of such approved estimate in
a conspicuous place on each story of the building to which it relates.
Before any building hereafter erected is occupied and used, in whole or in
part, for any of the purposes aforesaid and before any building, erected
prior to the passage of this act, but not at such time occupied for any of
the aforesaid purposes, is occupied or used, in whole or in part, for any of
said purposes, the weight that each floor will safely sustain upon each
superficial foot thereof, shall be ascertained and posted as hereinbefore
required. The weight placed on any of the floors of any building shall be
safely distributed thereon, and the superintendent of buildings may
require the owner or occupant of any building, or of any portion thereof,
to redistribute the load on any floor, or to lighten such load, as he may
direct, where he may deem the same to be necessary for the protection of
life and property. No person shall place, or cause or permit to be placed
od any floor of any building any greater load than the safe load thereof;
as estimated and ascertained as herein provided. Any expense necessar-
ily incurred in moving any floor or other portion of any building for the
purpose of making any examination herein provided for shall be paid by
the comptroller of the city of New York, upon the requisition of the
Superintendent of buildings, out of the fund paid over to him under the
provisions of section five hundred and fifteen of this title. Such expenses
shall be a charge against the person or persons by whom or on whose
behalf said estimate was filed in the office of the bureau of inspection of
buildings, and shall be collected in an action to be brought in the name
of said department against said person or persons, and the sum so col-
lected sliall be paid over to the said comptroller to be deposited in said
868
APPENDIX V.
find in reimbursement of the amount paid as aforesaid. (As amended by
I. 1892, ch. 275, 8 19.)
Fire-proof buildings; construction of. Hotels, theaters, hospitals, etc.
§ 484. Every building hereafter erected to be used as a hotel, and every
building hereafter erected or altered to be used as a theater, hospital,
asylum, institution for the care or treatment of persons, or in whole or in
part as a school or place of instruction, the heigbt of which exceeds
thirty-five feet, except buildings for which specifications and plans have
been heretofore submitted to and approved by the superintendent of
buildings, and every other building the height of which exceeds seventy-
five feet shall be built fire-proof, that is to say, they shall be constructed
with walls of brick, stone, iron or other hard, incombustible materials, in
which wooden beams or lintels shall not be placed, and in which the
floors and roofs shall be of materials similar to the walls. The stairs and
staircase landings shall be built entirely of brick, stone, iron or other
hard, incombustible materials. No woodwork or other inflammable
niaterial shall be used in any of the partitions, furrings or ceilings in any
such fire-proof buildings, excepting, however, that the doors and windows
and their frames, the trims, the casings, the interior finish when filled
solid at the back with fire-proof material, and the floor boards and sleep-
ers directly thereunder may be of wood. But nothing in this section con-
tained shall be so construed as to apply to or prevent the erection of
what are known as grain elevators, as usually constructed, provided they
are erected on tide-water, or adjacent to the river front in said city, in
isolated localities, under such conditions as the said department of build-
ings may prescribe, including location. In all fire-proof building the
following rules shall be observed:
1. All cast-iron, wrought-iron or rolled-steel columns shall be made true
and smooth at both ends, and shall rest on iron or steel bed-plates, and
have iron or steel cap-plates, which shall also be made true. All iron or
steel trimmer-beams, headers and tail-beams shall be suitably framed and
connected together, and the iron girders, columns, beams, trusses and all
other iron work of all floors and roofs shall be strapped, bolted, anchored
and connected together, and to the walls, in a strong and substantial
manner. Where beams are framed into headers, the angle-irons which
arc bolted to the tail-beams shall have at least two bolts for all beams
over seven inches in depth, and three bolts for all beams twelve inches or
over in depth, and those bolts shall not be less than three-quarters of an
inch in diameter. Each one of such angles or knees, when bolted to
girders, shall have the same number of bolts as stated for the other leg.
The angle-iron in no case shall be less in thickness than the header or
trimmer to which it is bolted; and the width of angle in no case shall be
less than one-third the depth of the beam, excepting that no angle-knee
shall be less than two and a half inches wide, nor required to be more
than six inches wide. All wrought-iron or rolled-steel beams eight inches
deep and under shall have bearings equal to their depth, if resting on
a wall; nine to twelve-inch beams shall have a bearing of ten inches, and
all beams more than twelve inches, if resting on a wall. Where beams
rest on iron supports, and are properly tied to the same, no greater bear
ches
APPENDIX V.
869
ings shall be required than one-third of the depth of the beams. Iron or
steel floor-beams shall be so arranged as to spacing and length of beams
that the load to be supported by them, together with the weights of the
inaterials used in the construction of the said floors shall not cause
a deflection of the said beams of more than one-thirtieth of an inch per
linear foot of span; and they shall be tied together at intervals of not
more than eight times the depth of the beam.
2. Under ends of all iron or steel beams where they rest on the walls,
a stone or cast-iron template shall be built into the walls. Said template
shall be eight inches wide, in twelve-inch walls, and in all walls of greater
thickness said template shall be twelve inches wide, and such templates,
if of stone, shall not be in any case less than two and one-half inches in
thickness, and no template shall be less than twelve inches long.
3. All brick or stone arches placed between iron or steel floor-beams
shall be at least four inches thick and have a rise of at least one and
a quarter inches to each foot of span between the beams. Arches of over
five feet span shall be properly increased in thickness, as required by the
superintendent of buildings, or the space between the beams may be
filled in with sectional hollow brick or hard-burnt clay, porous terra-cotta
or some equally good fire-proof material, having a depth of not less than
one and a quarter inches to each foot of span, a variable distance being
allowed of not over six inches in the span between the beams. The said
brick arches shall be laid to a line on the centers, with close joints, and
the bricks shall be well wet and the joints filled with cement mortar, in
proportions of not more than two of sand to one of cement, by measure.
The arches shall be well grouted and pinned or chinked with slate and
keyed. The bottom flanges of all wrought-iron or rolled-steel floor
beams, and all exposed portions of such beams below abutments of the
floor arches shall be entirely incased with hard-burnt clay or porous terra-
cotta; or with wire metal lath properly secured, and plastered on the
under side. The exposed side and bottom plates or flanges of wrought-
iron or rolled-steel girders suporting iron, steel or wooden floor-beams, or
supporting floor-arches, shall be entirely encased in the same manner.
(As amended by L. 1897, cb.. 557.)
Iron lintels, posts, beams, columns.
§ 485. All iron or steel lintels shall have bearings proportionate to the
weight to be imposed thereon, but no lintel used to span any opening
more than ten feet in width shall have a bearing less than twelve inches
at each end, if resting on a wall, but if resting on an iron post, such
lintel shall have a bearing of at least six inches at each end, by the thick-
ness of the wall to be supported. If the posts are to be party posts in
Tront of a party wall, and are to be used for two buildings, then the said
posts shall not be less than sixteen inches on the face by the thickness
of the wall above, and if the party wall be more than sixteen inches
thick, then the post shall be the thickness of the wall on the face. Inter-
mediate posts may be used, which shall be sufficiently strong, and the
lintels thereon shall have sufficient bearings to carry the weight above
with safety, as in this title provided. When the lintels or girders are
supported at the ends by brick walls or piers they shall rest upon cut
Granite or bluestone blocks at least twelve inches thick, or upon cast-
inte
870
APPENDIX V.
iron plates of equal strength by the full size of the bearings. In case
the opening is less than twelve feet, the stone blocks may be six inches
in thickness, or cast-iron plates of equal strength by the full size of the
bearings, may be used. This requirement shall not apply to cast-iron
lintels used at the back of stone lintels over openings not exceeding six
feet in width. In all cases where the girder carries a wall and rests on
brick piers or walls, the bearings shall be sufficient to support the weight
above with safety. No cast-iron lintel or beam shall be less than three-
quarters of an inch in thickness in any of its parts. Iron beams or
girders used to span openings more than sixteen feet in width, upon
which walls rest or upon which floor beams are carried, shall be of
wrought-iron or rolled steel and of sufficient strength; or cast-iron arch
girders may be used having a rise of not less than one inch to each foot
of span between the bearings, with one or more wrought-iron tie-rods of
sufficient strength to resist the thrusts, well fastened at each end of the
girder. All lintels or girders placed over any opening in the front, rear
or side of a building, or returned over a corner opening, when supported
by brick or stone piers or iron columns, shall be of iron or steel and of
the full breadth of the wall supported. In all buildings hereafter
erected or altered, where any iron or steel column or columns are used
to support a wall or part thereof, whether the same be an exterior or all
interior wall, excepting a wall fronting on a street, and columns located
below the level of the sidewalk which are used to support exterior walls
or arches over vaults, the said column or columns shall be either con-
structed double, that is, an outer and an inner column, the inner column
alone to be of sufficient strength to sustain safely the weight to be
imposed thereon, or such other iron or steel column of sufficient strength
and so constructed as to secure resistance to fire, may be used as may
be approved by the superintendent of buildings. Iron posts in front of
the party walls shall be filled up solid with masonry and made perfectly
tight between the posts and walls to prevent effectually the passage of
smoke or fire. Cast-iron posts or columns which are to be used for the
support of wooden or iron girders or brick walls, not cast with one open
side or back, before being set up in place, shall have a three-eighths of
an inch hole drilled in the shaft of each post or column, by the manu-
facturer or contractor furnishing the same, to exhibit the thickness of
the castings; and any other similar sized hole or holes which the super-
intendent of buildings, or his duly authorized representatives, may
require shall be drilled in the said posts or columns by the said manu-
facturer or contractor at his own expense. Iron posts or columns cast
with one or more open sides and backs shall have solid iron plates on
top of each to prevent the passage of smoke or fire through them from
one story to another, excepting where pierced for the passage of pipes.
No cast-iron post or column shall be used in any building of a less
average thickness of shaft than three-quarters of an inch, nor shall it
have an unsupported length of more than twenty times its least lateral
dimensions or diameter. No wrought-iron or rolled-steel column shall
have an unsupported length of more than thirty times its least lateral
dimension or diameter, nor shall its metal be less than one-fourth of all
inch in thickness. All cast-iron, wrought-iron and steel columns shall
have their bearings faced smooth, and at right angles to the axis of the
· APPENDIX V.
871
column; and when one column rests upon another column, they shall be
securely bolted together. Where columns are used to support iron or
steel girders carrying curtain walls, the said columns shall be of cast-
iron, wrought-iron or rolled-steel, and on their exposed outer and inner
surfaces be constructed to resist fire by having a casing of brickwork
not less than four inches in thickness and bonded into the brickwork of
the curtain walls, or the inside surfaces of the said columns may be cov-
ered with an outer shell of iron having an air space between; and the
exposed sides of the iron or steel girders shall also be similarly covered
in and tied and bonded. When the thickness of the curtain walls is
twelve inches the girders for the support of the same shall be placed at
the floor line of each story,commencing at the line where the thickness of
twelve inches starts from, and when the thickness of such walls is six-
teen inches the girders shall be placed not farther apart than every other
story, at the floor line, commencing at the line where the thickness of
sixteen inches starts from, provided that at the intermediate floor line
a suitable tie of iron or steel shall rigidly connect the columns together
horizontally, and that the ends of the floor beams do not rest upon the
said 'sixteen-inch walls. When the curtain walls are twenty inches or
more in thickness and rest directly on the foundation walls the ends of
the floor beams may be placed directly thereon, but at or near
the floor line of each story ties of iron or steel incased in the brickwork
shall rigidly connect the columns together horizontally. The iron
arches, or the usual light castings connecting the columns of an iron front
of a building, shall be filled in from the soffits to the sills on each upper
story with brickwork not less than eight inches thick, or hollow burnt
clay blocks not less than eight inches thick and carried through the open
back columns to the same upper level, the brickwork or blocks to rest on
the plates within the columns. (As amended by L. 1892, ch. 275, $ 21.)
Iron girders; strain and weight on same.
§ 486. Rolled iron or steel beam girders, or riveted iron or steel plate
girders used as lintels or as girders, carrying a wall or floor or both,
Shall be so proportioned that the loads which may come upon them shall
not produce strains in tension or compression upon the flanges of more
than twelve thousand pounds for iron, nor more than fifteen thousand
pounds for steel per square inch of the gross section of each of such
flanges, nor a shearing strain upon the web-plate of more than six thou-
Sand pounds per square inch of section of such web-plate, if of iron, nor
more than seven thousand pounds if of steel; but no web-plate shall be less
than one-quarter of an inch in thickness. Rivets in plate girders shall
not be less than five-eighths of an inch in diameter, and shall not be
spaced more than six inches apart in any case. They shall be so spaced
hat their shearing strains shall not exceed nine thousand pounds per
Square inch of section, nor their bearing exceed fifteen thousand pounds
per square inch, on their diameter, multiplied by the thickness of the
Plates through which they pass. The riveted plate girders shall be pro-
portioned upon the supposition that the bending or chord strains are
resisted entirely by the upper and lower flanges, and that the shearing
rains are resisted entirely by the web-plate. No part of the web shall
de estimated as flange area, nor more than one-half of that portion of
872
APPENDIX V.
the angle iron which lies against the web. The distance between the
centers of gravity of the flange areas will be considered as the effective
depth of the girder. Before any girder, as before mentioned, to be used
in any building shall be so used, the architect or the manufacturer of or
contractor for it shall, if required so to do by the superintendent of
buildings, submit for his examination and approval a diagram showing
the loads to be carried by said girder, and the strains produced by such
load, and also showing the dimensions of the materials of which said
girder is to be constructed to provide for the said strains; and the manu-
facturer or contractor shall cause to be marked upon said girder, in
a conspicuous place, the weight said girder will sustain, and no greater
weight than that marked on such girder shall be placed thereon. (As
amended by L. 1892, ch. 275, § 22.)
• (a) It is the duty of an owner to provide and protect a hatchway with
a substantial railing and trapdoor. Atkinson v. Abraham, 45 Hun, 238.
(6) The duty of providing trapdoors to elevators required by statute is
owing to every one who may be lawfully on the premises, and its fulfill-
ment is not dependent upon the action of the department of buildings.
Malloy v. New York Real Estate Ass'n, 13 Misc. 496; following McRickard
v. Flint, 114 N. Y. 222.
(c) Where a building is let to different tenants, the duty of providing
trapdoors falls upon the owner and not upon the occupants, separately or
collectively. Malloy v. New York Real Estate Ass'n, 13 Misc. 496.
Iron beams, lintels and girders to be inspected.
§ 487. Before any iron or steel beam, lintel or girder intended to span
an opening over ten feet in length in any building, shall be used for sup-
porting a wall, the manufacturer or founder thereof, or the owner of said
building, shall have the said beam, lintel or girder inspected, and if
required by the superintendent of buildings, shall have the same tested
by actual weight or pressure thereon, under the direction and supervision
of an inspector authorized by the superintendent of buildings. Said
manufacturer, founder or owner shall notify the superintendent of build-
ings, in writing, of the time when, and the place where said inspection
and test may be made, and said inspector shall cause the weight which
each of said beams, lintels or girders will safely sustain, to be properly
stamped or marked in a conspicuous place thereon, and no greater weight
shall be put or placed upon any beam, lintel or girder, than that stamped
or marked thereon by said inspector. The deflection of a cast-iron beam,
lintel or girder under an applied test of double the weight to be carried
slall not exceed one-fiftieth of an inch to the foot of span, and said beam,
lintel or girder shall return to its original shape after the test. In case
any iron or steel beam, girder or lintel, or any iron or steel column shal
be rejected by said inspector as unfit or insufficient to be used for the
purpose proposed, the same shall not be used for such purpose, in or upon;
or about any building or part thereof. All ironwork and steelwork useu
in any building shall be of the best material and made in the best manla
ner, and properly painted with oxide of iron and linseed oil paint before
being placed in position, or coated with some other equally good prepara.
tion, or suitably treated for preservation against rust. (As amended by
L. 1892, ch. 275, 8 23.)
: APPENDIX V.
873
Wooden beams, how placed, etc.
8 488. All wooden beams and other timbers in the party wall of every
building built of stone, brick or iron, shall be separated from the beam or
timber entering in the opposite side of the wall by at least four inches of
solid mason work. No wooden floor beams nor wooden roof beams used
in any building, other than a frame building, hereafter erected, shall be of
a less thickness than three inches. All wooden trimmer and header
beams shall not be less than one inch thicker than the floor or roof beams
on the same tier, where the header is four feet or less in length; and
where the header is more than four feet and not more than fifteen feet in
length, the trimmer and header beams shall be at least double the thick-
ness of the floor or roof beams, or shall each be made of two beams form-
ing such thickness properly spiked or bolted together, and when the
header is more than fifteen feet in length wrought-iron fitch plates of
proper thickness and depth shall be placed between two wooden beams
suitably bolted together to and through the iron plates in constructing
the trimmer and header beams; or wrought-iron or rolled steel beams of
suficient length may be used. Every wooden beam, except header and
tail beams, shall rest at one end four inches in the wall, or upon a girder
as authorized by this title. Every wooden header or trimmer more than
four feet long, used in any building, shall be hung in stirrup-irons of
suitable thickness for the size of the timbers. No timber shall be used in
any wall of any building, where stone, brick or iron is commonly used,
except lintels, as hereinbefore provided. The ends of all wooden floor and
roof beams, where they rest on brick walls, shall be cut to a level of three
inches on their depth. All wooden beams shall be trimmed away from all
flues, whether the same be a smoke, air or any other flue, the trimmer
beam to be eight inches from the inside face of a flue in a straight way
and four inches from the outside of a chimney breast, and the header two
inches from the outside face of the flue. All fire-places shall have trim-
mer arches to support hearths and the said arches shall be at least six-
teen inches in width, measured from the face of the chimney breast, and
they shall be constructed of brick, stone or burnt clay. Each tier of
beams shall be anchored to the side, front, rear or party walls at inter-
vals of not more than six feet apart, with good, strong wrought-iron
anchors of not less than one and a half inches by three-eighths of an inch
in size, well fastened to the side of the beams by two or more nails made
of wrought-iron at least one-fourth of an inch in diameter. Where the
heams are supported by girders, the girders shall be anchored to the walls
and fastened to each other by suitable iron straps. The ends of beams
l'esting upon girders shall be butted together end to end and strapped by
Wrought-iron straps of the same size and distance apart, and in the same
bram as the wall anchors, and shall be fastened in the same manner as
said wall anchors, or they may lap each other at least twelve inches and
be well spiked or bolted together where lapped. Every pier and wall,
front or rear, shall be well anchored to the beams of each story, with the
same size anchors as are required for side walls, which anchor shall hook
over the same beam. Each tier of beams front and rear, opposite each
pier, shall have hard wood or Georgia pine anchor strips dovetailed into
the beams diagonally, which strips shall cover at least four beams and
be one inch thick and four inches wide, but no such anchor strips shall be
874
APPENDIX V.
let in within four feet of the center line of the beams; or wooden strips
shall be nailed on the top of the beams and kept in place until the floors
are being laid. All timbers and wooden beams used in any building shall
be of good sound material, free from rot, large and loose knots, shakes or
any imperfection whereby the strength may be impaired, and be of such
size and dimensions as the purposes for which the building is intended
require. (As amended by L. 1892, ch. 275, $ 24.)
Chimneys, fire-places and fues.
§ 489. All fire-places and chimneys in stone or brick walls in any build-
ing hereafter erected, except as herein otherwise provided, and any chim-
ney, or flues hereafter altered or repaired, without reference to the pur-
pose for which they may be used, shall have the joints struck smooth on
the inside. No pargeting mortar shall be used on the inside of any fire-
place, chimney or flue. The fire backs of all fire-places hereafter erected
shall be not less than eight inches in thickness, of solid masonry. The
stone or brick-work of all smoke flues, and the chimney shafts of all
furnaces, boilers, bakers' ovens, large cooking ranges and laundry stoves,
and all flues used for a similar purpose shall be at least eight inches in
thickness. If there is a cast-iron or burnt-clay pipe built inside of the
same, with one inch air space. all around it, then the stone or brick-work
inclosing such pipes shall not be less than four inches in thickness. All
smoke flues of smelting furnaces or of steam boilers, or other apparatus
which heat the flues to a high temperature, shall be built with double
walls, with an air space between them, the inside four inches to be of fire
brick or fire-clay slabs, or blocks laid in fire mortar, to the height of
twenty-five feet from the bottom. All smoke flues shall extend at least
three feet above the roof, and shall be coped with well-burnt terra-cotta,
stone or cast-iron. In all buildings hereafter erected every smoke flue
shall be lined on the inside with cast-iron or well burnt clay, or fire-proof
terra-cotta pipe, from the bottom of the flue, or from the throat of the
fire-place, if the flue starts from the latter, and carried up continuously
to the extreme height of the flue. The ends of all such lining pipes shall
be made to fit close together, and the pipe shall be built in as the flue or
flues are carried up.. Each smoke pipe shall be inclosed on all sides with
not less than four inches of brick work properly bonded together. All
stone or brick hot-air flues and shafts shall be lined with tin, galvanized
iron or burnt clay pipes. No wooden casing, furring or lath shall be
placed against or cover any smoke flue or metal pipe used to convey hot
air or steam. No smoke pipe shall pass through any floor or roof of any
building. No stove pipe in any building with wooden or combustible
floors, ceilings or partitions, shall enter any flue unless the said pipe shall
be at least twelve inches from either the said floors, ceilings or partitions,
unless the same is properly protected by a metal shield, in which case the
distance shall not be less than six inches. In all cases where stove pipes
pass through stud or wooden partitions of any kind, they shall be
guarded by either a double collar of metal with at least three inches ou
air space and holes for ventilation, or by a soapstone or burnt clay ring
not less than three inches in thickness and extending through the pare
tition. Where laundry stoves, hot water, steam, hot air or other furnaces
are used in any building, the smoke pipe leading therefrom must be kepu
the
APPENDIX V.
. 875
uot less than eighteen inches from the floor beams or ceiling unless the
same is properly protected by a metal shield, when the distance shall not
be less than nine inches. In all cases where such pipe passes through
a wood or stud partition it shall be protected by a thimble with eight
inches of brickwork around it or a double collar of metal with at least
six inches air space, and holes for ventilation. Tin or other metal flues,
or pipes used or intended to be used to convey heated air, shall be
inclosed with brick or stone at least four inches in thickness, or other
hard incombustible materials. Horizontal pipes, and hot air pipes in
stud partitions, shall be built in the following manner: The pipes shall
ve double, that is, two pipes, one inside the other, at least one-half inch
apart, and there shall be a space of three inches between the pipe and
stud on each side; the inside faces of said stud shall be well lined with tin
plate and the outside faces covered with iron lath or slate. No hot-air
pipe shall be allowed in any stud partition unless said partition shall be
at least eight feet distant in a horizontal direction from the furnace.
Horizontal hot-air pipes shall be kept six inches below the floor beams or
ceiling; if the floor beams or ceiling are plastered and protected by:
a metal shield, then the distance shall not be less than three inches. In
cases where hot-air pipes pass through a wood or stud partition, they
shall be guarded by either a double collar of metal, with two inches air
space and holes for ventilation, or they shall be surrounded by brickwork
at least four inches in thickness. All flues in every building shall be
properly cleaned and all rubbish removed, and the flues left smooth on the
inside upon the completion of all buildings. No chimney shall be started
or built upon any floor or beam of wood. In no case shall a chimney be
corbeled out more than eight inches from the wall, and in all such cases
the corbeling shall consist of at least five courses of brick. Where chim-
neys are supported by piers, the piers shall start from the foundation on
the same line with the chimney breast, and shall not be less than twelve
inches on the face, properly bonded into the walls. No chimney shall be
cut off below, in whole or in part, and supported by wood, but shall
be wholly supported by stone, brick or iron. All chimneys which shall be
(langerous in any manner whatsoever, shall be repaired and made safe, or
taken down. Iron cupola chimneys of foundries shall extend at least ten
feet above the highest point of any roof within a radius of fifty feet of
such cupola, and be covered on top with a heavy wire netting. (As
amended by L. 1892, ch. 275, § 25.)
Steam pipes, hot air furnaces, register, etc.
$ 490. No steam pipe shall be placed within two inches of any timber
us woodwork unless the timber or woodwork is protected by a metal
sueld, then the distance shall not be less than one inch. All steam pipes
passing through floors and ceilings or lath and plastered partitions shall
ve protected by a metal tube one inch larger in diameter than the pipe,
add the space shall be filled in with mineral wool, asbestos or other
mbustible material. All wooden boxes or casings inclosing steam
s and all covers to recesses shall be lined with iron or tin plate. All
hot-air furnaces shall have two covers, with an air space of at least
inches between them; the inner cover of the hot-air chamber shall
ther a brick arch or two courses of brick laid on galvanized iron or
inoor
876
APPENDIX V.
tin, supported by iron bars; the outside cover, which is the top of the
furnace, shall be made of bricks or metal supported by iron bars, and
so constructed as to be perfectly tight, and shall not be less than four
inches below the ceiling or floor beams. The walls of the furnace shall
be built hollow in the following manner: One inner and one' outer wall,
each four inches in thickness, properly bonded together with an air
space of not less than three inches between them. Furnaces must be
built at least four inches from all woodwork. All cold-air boxes shall be
made of metal, brick or other incombustible material. All portable hot-
air furnaces shall be kept at least two feet from any wooden or com-
bustible partition or ceiling unless the partitions and ceilings are prop-
erly protected by a metal shield when the distance shall not be less than
one foot. Wooden floors under any portable furnace shall be protected
by a suitable stone, or a course of bricks well laid in mortar. Said stone
or bricks shall extend at least two feet beyond the furnace in front of the
ash-pan. Registers located over a brick furnace shall be supported by
a brick shaft built up from the cover of the hot-air chamber; said shaft
shall have a metal pipe inside of it. All registers for hot-air furnaces
placed in any woodwork or combustible floors shall have stone borders
firmly set in plaster of paris or gauged mortar. All such register boxes
shall be made of tin plate with a flange on the top to fit the groove in
the stone, the register to rest upon the same; there shall be an open
space of two inches on all sides of the register box, extending from the
under side of the stone border to and through the ceiling below; the said
opening shall be fitted with a tight tin casing, the upper end of which
shall be turned under the stone. When a register box is placed in the
floor above a portable furnace, the open space on all sides of the register
hox shall not be less than three inches. When only one register is con-
nected with a furnace said register shall have no valve. When a kitchen
range is placed near a wooden stud partition the studs shall be cut away
and framed two feet higher and one foot wider than the range, and filled
in to a line with said stud partition with brick or fire-proof blocks and
plastered thereon. No gas, water or other pipes which may be intro-
duced into any building shall be let into the beams unless the same be
placed within thirty-six inches of the end of the beams; and in no build-
ing shall the said pipes be let into the beams 'more than two inches in
depth. Every building, other than a dwelling-house, hereafter erected
and all factories, hotels, churches, theaters, school-houses and other
buildings of a public character now erected in which gas or steam is
used for lighting or heating, shall have the supply pipes leading from
the street mains provided each with a stop-cock placed in the sidewalk
at or near the curb, and so aranged as to allow of shutting off at that
point. Every electric wire for furnishing light, heat or power, led into
any building from the outside thereof, shall be arranged with suitable
appliances to cut off the current on the outside of the building. All
wires placed inside of buildings, whether in connection with aerial or
underground wires and carrying electrical currents, shall be properly
insulated. All gas brackets shall be placed at least three feet below any
ceiling or woodwork, unless the same is properly protected by a shield;
in which case the distance shall not be less than eighteen inches. No
swinging or folding gas bracket shall be placed against any stud parti-
APPENDIX V.
877
tion or woodwork. Gas-lights placed near window curtains or any other
combustible materials shall be protected by a proper shield. In cases
where hot water, steam, hot air or other heating appliances or furnaces
are hereafter placed in any building, or flues or fire-places are changed
or enlarged, due notice shall first be given to the superintendent of
buildings by the person or persons placing the said furnace or furnaces
in said building, or by the contractor or superintendent of said work.
(As amended by L. 1892, ch. 275, § 26.)
Iron shutters on factories, etc. .
§ 491. Every building which is more than two stories in height above
the curb level, except dwelling-houses, hotels, school-houses and churches,
shall have doors, blinds or shutters made of iron, hung to iron hanging
frames or to iron eyes built into the wall, on every window and opening
above the first story thereof, excepting on the front openings of build-
ings fronting on streets which are more than thirty feet in width.. Or
the said doors, blinds or shutters may be constructed of pine or other
soft wood of two thicknesses of matched boards at right angles with
each other, and securely covered with tin, on both sides and edges, with
folded lapped joints, the nails for fastening the same being driven inside
the lap; the hinges and bolt, or latches shall be secured or fastened to
the door or shutter after the same has been covered with the tin, and
such doors or shutters shall be hung upon an iron frame, independent of
the woodwork of the windows and doors, or two iron hinges securely
fastened in the masonry; or such frames, if of wood, shall be covered
with tin in the same manner as the doors and shutters. All occupants
of buildings shall close the said shutters, doors and blinds at the
close of the business of each day. All shutters opening on fire-escapes,
and at least one row, vertically, in every three rows on the front window
openings above the first story of any building, shall be so arranged that
they can be readily opened from the outside by firemen. All rolling iron
or steel shutters hereafter placed in the first story of any building, shall
be counter-balanced so that said rolling shutters may be readily opened
by the firemen. No building hereafter erected, other than a dwelling-
house or fire-proof building, shall have inside iron shutters to windows
above the first story. All windows and openings above the first story of
any building may be exempted from having shutters by the board of
examiners. Where openings in interior brick walls are fitted with fire-
proof doors or shutters to prevent the spread of fire between differ-
ent buildings, or between parts of any building, the said doors or
shutters shall be closed at the close of the business of each day by the occu-
pant or occupants of the building having use or control of the same.
(As amended by L. 1892, ch. 275, § 27.)
Hoistways and elevators.
§ 492. In any building in which there shall be any hoistway or freight
elevator or well-hole not inclosed in walls constructed of brick or other
Tre-proof material and provided with fire-proof doors, the openings
thereof through and upon each floor of said building, shall be provided
with and protected by a substantial guard or gate and with such good
and sufficient trap-doors with which to close the same, as may be directed
878
APPENDIX V.
and approved by the superintendent of buildings; and the said superin-
tendent shall have exclusive power and authority within said city to
require the openings of hoistways or hoistway shafts, elevators and well-
holes in buildings to be inclosed or secured by trap-doors, guards or gates
and railings. Such guards or gates shall be kept closed at all times,
except when in actual use and the trap-doors shall be closed at the close
of the business of each day by the occupant or occupants of the building
having the use or control of the same. In all buildings hereafter erected
the roof, immediately over the hoistway, elevator or well-hole, shall be
covered with a skylight of suitable size. All elevators hereafter placed
in any building, except such fire-proof buildings as have been or may be
erected in accordance with section four hundred and eighty-four of this
title, shall be inclosed in suitable walls of brick, or with a suitable frame-
work of iron and burnt-clay filling, or of such other fire-proof material
and form of construction as may be approved by the superintendent of
buildings. Said walls or construction shall extend through and at least
three feet above the roof and all openings in the same shall be provided
with fire-proof doors and made solid for three feet above the floor level,
and with grill openings above. Elevators may be put in the well-hole of
stairs, in buildings, without such brick or fire-proof inclosures, where
the stairs are inclosed in brick or stone wall, and the stairs are con-
structed as specified in section four hundred and eighty of this title.
Elevators may also be placed in any stair-well or open court of any build-
ing erected prior to the passage of this act, under a permit therefor from
the superintendent of buildings, but the frame-work and inclosure of
any such elevator shall be constructed of fire-proof materials. The fore-
going requirement as to brick or fire-proof shafts shall include all
dumb-waiters except such as do not extend through more than three
stories in dwelling-houses. The roofs over all inclosed elevators shall
be made of fire-proof materials, with a skylight at least three-fourths
the area of the shaft, made of glass, set in iron frames. Immediately
under the machinery at the top of every elevator shaft hereafter placed
in any building in said city, there shall be provided and placed a sub-
stantial grating or screen of iron, of such construction as shall be
approved by the superintendent of buildings. The superintendent of
buildings shall make regulations for the inspection of passenger eleva-
tors with a view to the safety of passengers; and shall also prescribe
suitable qualifications for persons who are placed in charge of running
passenger elevators. The regulations so made shall require any repairs
found necessary upon inspection to be made without delay, and in case
defects are found to exist which would endanger life by the continued use
of such elevator, then, upon notice from the superintendent of buildings,
the use of such elevator shall cease, and it shall not again be used until
a certificate shall be first obtained from said superintendent that such
elevator has been put in safe order and is fit for use. No person shall
employ or permit any person to be in charge of running any passenger
elevator who does not possess the qualifications prescribed therefor.
Every freight elevator or lift shall have a notice posted conspicuously
thereon as follows:- Persons riding on this elevator do so at their own
risk. Every elevator in any building erected to be occupied, or now occu-
pied as a hotel, shall, within six months after the passage of this act, be
APPENDIX V.
879
inclosed in suitable walls constructed and arranged as in this section
required for elevators hereafter placed in buildings, unless under the
provisions of this section, such elevator might have been placed in said
building without such inclosing walls. (As amended by L. 1892, ch, 275,
$ 28.)
Roofs, cornices and bulkheads.
$ 493. If a mansard or any other roof having a pitch of over sixty
degrees be placed on any building, except a wooden building, or a dwell-
ing-house not exceeding thirty-five feet in height, it shall be constructed
of iron rafters and lathed with iron on the inside and plastered, or filled
in with fire-proof material not less than three inches thick, and
covered with metal, slate or tile. All exterior cornices, innclusive of those
on show windows, and gutters of all buildings hereafter erected shall be
of some fire-proof material. All fire-proof cornices shall be well secured
to the walls with iron anchors, independent of any woodwork. In all
cases the walls shall be carried up to the planking of the roof, and where
the cornice projects above the roof the walls shall be carried up to the
top of the cornice, and the party walls shall in all cases extend up above
the planking of the cornice and be coped. All exterior wooden cornices
that may now be or that may hereafter become unsafe or rotten shall be
taken down, and if replaced shall be constructed of some fire-proof mate-
rial. All exterior cornices of wood or gutters that may hereafter be
damaged by fire to the extent of one-third shall be taken down, and if
replaced shall be constructed of some fire-proof material; but if not dam-
aged to the extent of one-third, the same may be repaired with the same
kind of material of which they were originally constructed. Bulkheads,
used as inclosures for tanks and elevators, and coverings for the machin-
ery of elevators and all other bulkheads, including the bulkheads of all
dwelling-houses' hereafter erected or altered, may be constructed of
hollow fire-proof blocks; or of wood, covered with not less than two
inches of fire-proof material, or filled in the thickness of the studding
with such material, and covered on all sides with metal, including sides
and edges of doors. Covers on top of water tanks placed on roofs, may
be of wood covered with tin. (As amended by L. 1892, ch. 275, § 29.)
1
(a) This section applies to buildings erected before the passage of the
act as well as to those erected subsequently. Fire Department v. Wendell,
13 Daly, 427.
Roofs and sky-lights, of what materials.
§ 494. The planking and sheathing of the roof of every building erected
or built as aforesaid shall in no case be extended across the front, rear,
side, end or party wall thereof. Every such building and the tops and
sides of every dormer-window thereon shall be covered and roofed with
slate, tin, copper or iron, or such other quality of fire-proof roofing as the
superintendent of buildings, under his certificate, may authorize, and
the outside of the frames of every dormer-window hereafter placed upon
any building as aforesaid shall be made of some fire-proof material. No
wooden building in any part of the city, not more than two stories or
above twenty feet in height above the curb level to the highest part
880
APPENDIX V.
thereof, which shall require roofing, shall be roofed with any other roof-
ing or covered except as aforesaid. Nothing in this section shall be con-
strued to prohibit the repairing of any shingle roof, provided the building
is not altered in height. All buildings shall have scuttles or bulkheads,
covered with some fire-proof materials, with ladders or stairs leading
thereto. No scuttle shall be less in size than two by three feet. All sky-
lights having a superficial area of more than nine square feet, placed in
any building, shall have the sashes and frames thereof constructed of iron
and glass. Every fire-proof roof hereafter placed on any building, shall
have, besides the usual scuttle or bulkhead, a skylight or skylights of
a superficial area equal to not less than one-fiftieth the superficial area
of such fire-proof roof. All buildings shall be kept provided with proper
metallic leaders for conducting water from the roofs in such manner as
shall protect the walls and foundations of said buildings from injury. In
no case shall the water from the said leaders be allowed to flow upon the
sidewalk, but the same shall be conducted by pipe or pipes to the sewer.
If there be no sewer in the street upon which such buildings front, then
the water from said leader shall be conducted by proper pipe or pipes,
below the surface of the sidewalk to the street gutter. (As amended by
L. 1892, ch. 275, $ 30.)
Frame buildings; limits of district of city within which prohibited,
stated.
$ 495. No frame or wooden building shall hereafter be built, except as
in this section authorized. In that portion of said city bounded by the
North river from the Battery to a point one hundred feet north of the
northerly side of One Hundred and Sixty-fifth street and running thence
easterly one hundred feet north of the northerly side of One Hundred and
Sixty-fifth street to a point one hundred feet west of the western side of
the Boulevard; thence northerly on a line drawn one hundred feet west of
the Boulevard and Kings Bridge road, to a point one hundred feet north
of One Hundred and Ninetieth street; thence easterly on a line drawn one
hundred feet north of One Hundred and Ninetieth street to the Harlem
river; thence through the center of the Harlem river to a point which is
distant one hundred feet north of the northerly line of One Hundred and
Torty-ninth street, and running thence easterly and always one hundred
feet north of said northerly line of One Hundred and Forty-ninth street
until it meets the center line of Third avenue; thence northerly along
said center line of Third avenue to a point which is distant two hundred
feet north of the northerly part of Westchester avenue; thence easterly
and along a line always distant two hundred feet north of said northerly
line of Westchester avenue to the center line of Trinity avenue; thence in
a southerly direction along said center line of Trinity avenue to the East
river of Bronx kills; and thence by the East river to the place of begin-
ning. North, west and east of the limits before described, no frame
building to be occupied as a stable shall be erected upon any pier, wharf
or bulkhead of the water front, nor shall any frame building, to be occu-
pied or used as a stable, workshop or manufactory, be built more than
two stories or twenty-five feet in height, nor shall any wooden tower or
spire be built or rebuilt to a greater height than sixty feet. Three-story
frame dwellings with single roofs and twelve-inch brick foundation walls
APPENDIX V.
881
under the same may be built to a height of thirty-five feet north and east
of the limits before prescribed. When two or more of such houses are
built continuous, the party or division walls may be of brick not less than
eight inches thick above the foundation walls; and the ends of the floor
beams shall be so separated that four inches of brick will be between the
beams where they rest on the said walls. No frame dwelling-house here-
after erected shall be occupied by more than one family on each floor,
nor shall any frame building already erected be altered to be occupied by
inore than three families. Temporary one-story frame buildings may be
erected for the use of builders within the limits of lots whereon buildings
are in course of erection, or on adjoining vacant lots, upon permits issued
by the superintendent of buildings. Fences of wood shall not be erected
over ten feet high. Signs of wood shall not be erected over two feet high
on any building. Piazzas or balconies of wood which do not exceed eight
feet in width, and which do not extend more than three feet above the
second-story floor beams, with piers of masonry or iron columns to sup-
port the same, may be erected upon the front or side of any detached
dwelling-house occupied by not more than one family, but only upon
a permit from the superintendent of buildings. In connected houses such
piazzas or balconies may be built, provided the same are open on the front
and have brick ends not less than eight inches thick, carried up above the
roof of such piazza or balcony, and coped with stone. The roof of all
piazzas shall be covered with some fire-proof material. Sheds of wood
not over fifteen feet high, open on at least one side, with the sides and
roof thereof covered with fire-proof material, may also be built, but no
fence shall be used as the back or side of any such shed. Any bay or oriel
window that does not extend more than three feet above the second-
story floor of any dwelling-house may be built of wood. Exterior privies,
and wood or coalhouses, not exceeding one hundred and fifty square feet
in superficial area and eight feet high, may be built of wood, but the
roofs thereof must be covered with metal, gravel or slate. (As amended
hy L. 1895, ch. 873, § 1.)
(a) A permit by the municipal authorities to erect a frame structure
within the fire limits of a city is void, as it is an unjust discrimination
between citizens, giving one a right to do that which would be penal if
done by another. City of Brooklyn v. Furey, 9 Misc. 193; S. C., 30 N. Y.
Supp. 349.
(b) An adjoining owner cannot restrain the erection of a frame build-
ing within the fire limits unless it appears that he suffers some special
damage by reason of its construction. Young v. Schen, 56 Hun, 307; S. C.,
9 N. Y. Supp. 349.
D
Raising peaked roofs; enlarging and moving buildings.
§ 496. It shall not be lawful for the owner or owners of any brick
dwelling-house with eight-inch walls, or of any wooden building already
erected that has a peaked roof, to raise the same for the purpose of mak-
ing a fiat roof thereon, unless the same be raised with the same kind of
material as the building, and unless such new roof be covered with some
of the articles mentioned in the four hundred and ninety-fourth section
of this title, and provided that such building, when so raised, shall not
exceed forty feet in height to the highest part thereof. All such build-
56
882
APPENDIX V.
ings must exceed twenty-five feet in height to the peak of the roof before
the said alteration and raising. If any such building shall have been
built before the street upon which it is located or graded, or if the grade
is altered, such building may be raised or lowered to meet the require-
ments of such grade. No frame building more than two stories in height,
now used as a dwelling, shall hereafter be raised or altered to be used as
a factory, warehouse or stable. No brick or wooden building shall be
enlarged or built upon unless the exterior walls of said addition or
enlargement be constructed of fire-proof materials; provided, however,
that such brick or wooden buildings may be raised, lowered or altered
under the same circumstances, and in the same manner especially pro-
vided for in this section. No wooden building shall be moved from one
lot to another until a sworn petition setting forth the purposes of said
removal and the uses to which said building is to be applied is filed in the
ofice of the superintendent of buildings, and the written consent of said
superintendent is first obtained therefor. No wooden building shall be
moved from above to below the limits prescribed herein for the erection
of wooden buildings. (As amended by L. 1892, ch. 275, $ 32.)
Wooden buildings damaged half by fire..
§ 497. Every wooden or frame building with a brick or other front,
which may hereafter be damages to an amount not greater than one-half
of the value thereof exclusive of the valuation of the foundation thereof,
at the time of such damage, may be repaired or rebuilt; but if such dam-
age shall amount to more than one-half of such value thereof, exclusive of
the value of the foundation, then such building shall not be repaired or
rebuilt, but shall be taken down. The amount and extent of such
damage shall be determined upon an examination of the building by one
surveyor who shall be appointed by said superintendent of buildings, and
one surveyor who shall be appointed by the owner or owners of said
premises. In case these two surveyors do not agree, they shall appoint
a third surveyor to take part in such examination, and a decision of
a majority of them reduced to writing and sworn to, shall be conclusive,
and such building shåll in no manner be repaired or rebuilt until after
such decision shall have been rendered. If the damage be by fire, or
lightning, or wind storm, and such damage is insured against, then the
third surveyor provided for in this section shall be appointed by the New
York Board of Fire Underwriters. (As amended by L. 1892, ch. 275, § 33.)
Fire-escapes; bulkhead on roofs.
8 498. Every dwelling-house occupied by or built to be occupied by
three or more families above the first story, and every building already
erected, or that may hereafter be erected, more than three stories in
height, occupied and used as a hotel or lodging-house, and every board-
ing-house, hiving more than fifteen sleeping-rooms above the basement
story, and every factory, mill, manufactory or workshop, hospital,
asylum or institution for the care or treatment of individuals, and every
building in whole or in part occupied or used as a school or place of
instruction or assembly, and every office building five stories or more in
height, shall be provided with such good and sufficient fire-escapes,
stairways, or other means of egress in case of fire as shall be directed
APPENDIX V.
883
by the superintendent of buildings, and said superintendent shall have
full and exclusive power and authority within said city to direct fire-
escapes and other means of egress to be provided upon and within said
building or any of them. The owner or owners of any building upon
which a fire-escape is erected shall keep the same in good repair and
properly painted. No person shall at any time, place any incumbrance
of any kind whatsoever before or upon any fire-escape. It shall be the
duty of every fireman and policeman who shall discover any fire-escape,
balcony or ladder of any fire-escape incumbered in any way to forthwith
report the same to the commanding officer of his company or precinct,
and such commanding officer shall forthwith cause the occupant of the
premises or apartment to which said fire-escape, balcony or ladder is
attached or for whose use the same is provided, to be notified, either ver-
bally or in writing, to remove such incumbrance and keep the same clear.
If said notice shall not be complied with by the removal, forthwith, of
such incumbrance, and keeping said fire-escape, balcony or ladder free
from incumbrance, then it shall be the duty of said commanding officer
to apply to the nearest police magistrate for a warrant for the arrest
of the occupant or occupants of the said premises or apartment of which
the fire-escape forms a part, and the said parties shall be brought before
the said magistrate, as for a misdemeanor; and, on conviction, the occu-
pant or occupants of said premises or apartment shall be fined not more
than ten dollars for each offense, or may be imprisoned not to exceed ten
days, or both, in the discretion of the court. In constructing all balcony
fire-escapes, the manufacturer thereof shall securely fasten thereto, in
a conspicuous place, a cast-iron plate having suitable raised letters on
the same, to read as follows: Notice! Any person placing any incum-
brance on this balcony is liable to a penalty of ten dollars and imprison-
ment for ten days. All buildings requiring fire-escapes shall have sta-
tionary iron ladders leading to the scuttle opening in the roof thereof,
and all scuttles and ladders shall be kept so as to be ready for use at all
times. If a bulkhead is used in place of a scuttle, it shall have stairs
with sufficient guard or hand-rail leading to the roof. In case the build-
ing shall be a tenement-house, the door in the bulkhead or any scuttle,
shall at no time be locked, but may be fastened on the inside by movable
bolts or hooks. Every dwelling-house arranged for or occupied by two
or more families above the first story, hereafter erected, shall be pro-
vided with an entrance to the basement thereof from the outside of such
building. (As amended by L. 1892, ch. 275, § 34.)
Public buildings, theaters, etc.; egress from to prevent fire; schools not
to be near prison.
$ 499. In all buildings of a public character, such as hotels, churches,
theaters, restaurants, railroad depots, public halls, and other buildings
used or intended to be used for purposes of public assembly, amuse-
ment or instruction, the halls, doors, stairways, seats, passageways and
aisles and all lighting and heating appliances and apparatus shall be
arranged as the superintendent of buildings, shall direct to facilitate
egress in cases of fire or accident, and to afford the requisite and proper
accommodation for the public protection in such cases. All aisles and
passageways in said buildings shall be kept free from camp-stools, chairs,
-
-
884
APPENDIX V.
sofas and other obstructions, and no person shall be allowed to stand in
or occupy any of said aisles or passageways, during any performance,
service, exhibition, lecture, concert, ball or any public assemblage. The
superintendent of buildings may at any time serve a written or printeri
notice upon the owner, lessee or manager of any of said buildings.
directing any act or thing to be done or provided in or about the said
buildings and the several appliances therewith connected, such as halls,
doors, stairs, windows, seats, aisles, fire walls and fire-escapes, so as to
afford such security to the public in the uses to which they may be sev-
erally applied, as they may deem necessary. Nothing herein contained
shall be construed to authorize or require any other alterations to exist-
ing theaters than are specified in this section. Upon report to the mayor
of said city, by the department of buildings, that any order or require-
ment of this title in regard to theaters or places of public amusement
has been violated or not complied with, in any such building, the said
mayor may, in his discretion, revoke the license of such theater or place
of public amusement and cause the same to be closed. No building to be
used and occupied as a public school shall hereafter be erected within
two hundred feet of a block occupied in whole or in part by a criminal
court and prison, or either a criminal court or prison, nor shall it be
lawful to hereafter erect a building to be used and occupied as a criminal
court and prison, or either of them, within two hundred feet of a public
school building. (As amended by L. 1892, ch. 275, $ 35.)
(a) The provisions of this section relating to passageways and exits in
theaters, declaring that the same shall be kept free from chairs, etc., and
that no person shall be allowed to stand therein during any performance,
should be literally construed, and as so construed, do not give the man-
ager or proprietor any discretion to allow persons to stand in the aisle
or passage, even though the number be not so great as to prevent free
exit in case of danger; to recover the penalty for violation of this act, it
is unnecessary to prove that the manager of the theater knew that per-
sons were standing in the passageway, or that he gave permission to any
one to occupy the same; that a number of tickets were sold by the man-
ager's agents, after they knew that the seats in the house were filled is
sufficient to hold him, in the absence of evidence that such sale was in
opposition to his wishes. Fire Dept. v. Stetson, 14 Daly, 125; S. C., 6 N. Y.
State Rep. 255; Same v. Hill, 14 N. Y. Supp. 158.
(6) The powers conferred upon the municipal authorities to require
the construction of fire-escapes are clearly constitutional, and are not
obnoxious to the objections that the party affected is deprived of his
property without due process of law. Fire Dept. v. Sturtevant, 33
Hun, 407.
(c) The power to require the erection of fire-escapes being given to the
fire department in direct terms, it must be exercised by the department
as such, and the statute is not satisfied with the action and direction of
one of the subordinate bureaus or officers of the department. Fire Dept..
V. Sturtevant, Ibid.
(d) It is the duty of an owner under this section to erect fire-escapes
and to bring the subject before the commissioner and seek his direction.
McLaughlin v. Armfield, 58 Hun, 376; S. C., 12 N. Y. Supp. 164.
(e) As to the liability on an employer under the factory act, L. 1886,
APPENDIX V.
885
ch. 409, for injuries occasioned by the failure to provide proper fire-
escapes, see Pauley v. Steam Gauge & Lantern Co., 131 N. Y. 90; rev'g 61
Hun, 254; S. C., 16 N. Y. Supp. 820; Huda v. American Glucose Co., 13 Misc.
657; s. C., 34 N. Y. Supp. 931; Johnson v. Steam Gauge & Lantern Co., 72
Hun, 535; s. C., 25 N. Y. Supp. 689; affi'd 146 N. Y. 152.
(f) L. 1887, ch. 720, known as the “Rope Act,” requiring proprietors
of hotels, not fire-proof, to place a rope or other appliance to be used as
fire-escape, in every room above the ground floor-does not apply to New
York city, as section 499 as amended by L. 1887, ch. 566, provides a com-
plete system of equipping hotels in New York city. People v. Pierson,
13 N. Y. Supp. 365.
(g) See People ex rel. Tucker v. D'Oench, cited under $ 504, post;
Schachne v. Barnett, 9 N. Y. Supp. 717; McLaughlin v. Armfield, 58 Hun,
376, 16 N. Y. Supp. 695.
Theaters, construction of.
$ 500. Every theater or opera-house, or other building intended to be
used for theatrical or operatic purposes, or for public entertainments of
any kind where stage scenery and apparatus are employed, hereafter
erected, shall be built to comply with the requirements of this section.
No building which; at the time of the passage of this act, is not in actual
use for theatrical or operatic purposes, and no building hereafter erected
not in conformity with the requirements of this section, shall be used for
theatrical or operatic purposes, or for public entertainments of any kind
where stage scenery and apparatus are employed, until the same shall
have been made to conform to the requirements of this section. And no
building herein before described shall be opened to the public for theatri-
cal or operatic purposes, or for public entertainments of any kind where
stage scenery or apparatus are employed, until the superintendent of
buildings shall have approved the same in writing as conforming to the
l'e:quirements of this section, and the mayor of the city of New York shall
refuse to issue any license for any such building, and shall close the same,
and prevent its opening until a certificate in writing of such approval
shall have been given by the superintendent of buildings. Every such
building shall have at least one front on the street, and in such front
tliere shall be suitable means of entrance and exit for the audience. In
addition to the aforesaid entrances and exits on the street, there shall be
reserved for service in case of an emergency, an open court or space on
the side not bordering on the street, where said building is located on
a corner lot; and on both sides of said building, where there is but one
frontage on the street. The width of such open court or courts shall be
not less than seven feet where the seating capacity is not over one thou-
sand people, above one thousand and not more than eighteen hundred
people, eight feet in width, and above eighteen hundred people, ten feet
in width. Said open court or courts shall begin on a line with or near
the proscenium wall and shall extend the length of the auditorium proper,
to or near the wall separating the same from the entrance lobby or vesti-
bule. A separate and distinct corridor shall continue to the street, from
each open court, through such superstructure as may be built on the
street side of the auditorium, with continuous walls of brick or fire-proof
materials on each side the entire length of said corridor or corridors, and
886
APPENDIX V.
the ceiling and floors shall be fire-proof. Said corridor or corridors shall
not be reduced in width to more than three feet less than the width of
the open court or courts, and there shall be no projection in the same;
the outer openings to be provided with doors or gates opening toward the
street. During the performance the doors or gates in the corridor shall
be kept open by proper fastenings; at other times they may be closed and
fastened by movable bolts or locks. The said open courts and corridors
shall not be used for storage purposes, or for any purpose whatsoever
except for exit and entrance from and to the auditorium and stage, and
niust be kept free and clear during performances. The level of said cor-
ridors at the front entrance to the building shall not be greater than one
step above the level of the sidewalk where they begin at the street
entrance, and the entrance of the main front of the building shall not be
on a higher level from the sidewalk than four steps, unless approved by
the superintendent of buildings. To overcome any difference of level
existing between exits from the parquet into courts and the level of the
said corridors, gradients shall be employed of not over one foot in ten feet
with no perpendicular rises. From the auditorium opening into the said
open courts, or on the side street, there shall be not less than
two exits on each side in each tier from and including the parquet
and each and every gallery. Each exit shall be at least five feet
ill width in the clear and provided with doors of iron or wood; if of wood,
the doors shall be constructed as herein before in this title described. All
of said doors shall open' outwardly, and must be fastened with movable
bolts, the bolts to be kept drawn during performances. There shall be
balconies not less than four feet in width in the said open court or courts
at each level or tier above the parquet, on each side of the auditorium, of
sufficient length to embrace the two exits, and from said balconies there
shall be staircases extending to the ground level, with a rise of not over
eight and one-half inches to a step, and not less than nine inches tread
exclusive of the nosing. The staircase from the upper balcony to the
next below shall not be less than thirty inches in width in the clear, and
from the first balcony to the ground three feet in width in the clear
where the seating capacity of the auditorium is for one thousand people
or less, three feet and six inches in the clear where above one thousand
and not more than eighteen hundred people, and four feet in the clear
where above eighteen hundred people and not more than twenty-five
hundred people, and not over four feet six inches in the clear where
above twenty-five hundred people. All the before mentioned balconies
and staircases shall be constructed of iron throughout, including the
floors, and of ample strength to sustain the load to be carried by them,
and they shall be covered with a metal hood or awning, to be constructed
as shall be directed by the superintendent of buildings. Where one side
of the building borders on a street, there shall be balconies and staircases
of like capacity and kind, as before mentioned, carried to the ground.
When located on a corner lot that portion of the premises bordering on
the side street and not required for the uses of the theater may, if such
portion be not more than twenty-five feet in width, be used for offices,
stores or apartments, provided the walls separating this portion from the
theater proper are carried up solidly to and through the roof, and that
a fire-proof exit is provided for the theater, on each tier, equal to the
APPENDIX V.
887
combined width of exits opening on opposite sides in each tier, commu-
nicating with balconies and staircases leading to the street in manner
provided elsewhere in this section; said exit passages shall be entirely
cut off by brick walls from said offices, stores or apartments and the
floors and ceilings in each tier shall be fire-proof. Nothing herein con-
tained shall prevent a roof-garden, art gallery, or rooms for similar pur-
poses being placed above a theater or public building, provided the floor
of the same forming the roof over such theater or building shall be con-
structed of iron or steel and fire-proof materials, and that said floor shall
have no covering boards or sleepers of wood, but be of tile or cement.
Every roof over said garden or rooms shall have all supports and rafters
of iron or steel, and be covered with glass or fire-proof materials or both,
but no such roof garden, art gallery or room for any public purpose shall
be placed over or above that portion of any theater or other building
which is used as a stage. No workshop, storage or general property
room shall be allowed above the auditorium or stage, or under the same,
or in any of the fly galleries. All of said rooms or shops may be located
in the rear or at the side of the stage, but in such cases they shall be
separated from the stage by a brick wall, and the openings leading into
said portions shall have fire-proof doors on each side of the openings,
hung to iron eyes built into the wall. No portion of any building here-
after erected or altered, used or intended to be used for theatrical or
other purposes as in this section specified, shall be occupied or used as
a hotel, boarding or lodging-house, factory, workshop or manufactory or
for storage purposes, except as may be hereafter specially provided for.
Said restriction relates not only to that portion of the building which
.contains the auditorium and the stage, but applies also to the entire
structure in conjunction therewith. No store or room contained in the
building, or the offices, stores or apartments adjoining, as aforesaid, shall
be let or used for carrying on any business dealing in articles designated
as especially hazardous in the classification of the New York Board of
Tire Underwriters, or for manufacturing purposes. No lodging accom-
modation shall be allowed in any part of the building communicating
with the auditorium. Interior walls built of fire-proof materials shall
separate the auditorium from the entrance vestibule, and from any room
or rooms over the same, also from any lobbies, corridors, refreshment or
other rooms. All staircases for the use of the audience shall be inclosed
with walls of brick, or of fire-proof materials approved by the superin-
tendent of buildings, in the stories through which they pass, and the
openings to said staircases from each tier shall be the full width of said
staircase. A fire-wall, built of brick, shall separate the auditorium from
the stage, and the same shall extend at least four feet above the stage
roof, or the auditorium roof, if the latter be the higher, and shall be
coped. Above the proscenium opening there shall be an iron girder cov-
ered with fire-proof materials to protect it from the heat. There shall
also be constructed a relieving arch over the same, the intervening space
being filled in with hard burnt brick of the full thickness of the
proscenium wall. Should there be constructed an orchestra over the
stage, above the proscenium opening, the said orchestra shall be placed
on the auditorium side of the proscenium fire-wall, and shall be entered
only from the auditorium side of said wall. The molded frame around
888
APPENDIX V.
the proscenium opening shall be formed entirely of fire-proof materials;
if metal be used, the metal shall be filled in solid with non-combustible
inaterial and securely anchored to the wall with iron. The proscenium
opening shall be provided with a fire-proof metal curtain, or a curtain of
asbestos, or similar fire-proof material approved by the superintendent of
buildings, sliding at each end within iron grooves, securely fastened to
the brick wall, and extending into such grooves not less than six inches
on each side. Said fire-proof curtain shall be raised at the commence-
ment of each performance and lowered at the close of said performance,
and be operated by approved machinery for that purpose. The prosce-
nium curtains shall be placed at least three feet distance from the foot-
lights at the nearest point. All doorways or openings through the
proscenium wall, from the auditorium, in every tier, shall have doors of
iron or wood on each face of the wall; if of wood the doors shall be con-
structed as hereinbefore described, and the doors hung so as to be opened
from either side at all times. There shall be no openings in the
proscenium fire-wall above the level of the auditorium ceiling. Direct
access to these doors shall be provided on both sides, and the same shall
always be kept free from any incumbrance. Iron ladders or stairs,
securely fixed to the wall, on the stage side, shall be provided to over-
come any difference of level existing between the floor or galleries on the
stage side of the fire-wall and those on the side of the auditorium. There
shall be provided over the stage, metal skylights, of an area or combined
area of at least one-eighth the area of said stage fitted up with sliding
sash and glazed with double-thick sheet glass, not exceeding one-eighth
of an inch thick, and each pane thereof measuring not less than three
hundred square inches, and the whole of which skylight shall be so con-
structed as to open instantly on the cutting or burning of a hempen cord,
which shall be arranged to hold said skylights closed, or some other
equally simple approved device for opening them may be provided. All
that portion of the stage not comprised in the working of scenery, traps
and other mechanical apparatus, for the presentation of a scene, usually
equal to the width of the proscenium opening, shall be built of iron or
steel beams filled in between with fire-proof material, and all girders for
the support of said beams shall be of wrought-iron or rolled steel. The
fly-galleries entire, including pin-rails, shall be constructed of iron or
steel, and the floors of said galleries shall be composed of iron or steel
beams, filled with fire-proof materials, and no wood boards or sleepers
shall be used as covering over beams, but the said floors shall be entirely.
fire-proof. The rigging loft shall be fire-proof, except the floor covering
the same. All stage scenery, curtains and decorations made of combusti-
ble material, and all woodwork on or about the stage, shall be saturated
with some non-combustible material, or otherwise rendered safe against
fire, to the satisfaction of the superintendent of buildings. The roof over
the auditorium and the entire main floor of the auditorium and vestibule,
also the entire floor of the second story of the front superstructure over
the entrance, lobby and corridors, and all galleries in the auditorium
shall be constructed of iron or steel and fire-proof materials, not exclud-
ing the use of wooden floor boards and necessary sleepers to fasten the
same to, but such sleepers shall not mean timbers of support. The fronts
of each gallery shall be formed of fire-proof materials, excepting the cap-
· APPENDIX V.
889
ping, which may be made of wood. The ceiling under each gallery shall
be entirely formed of fire-proof materials. The ceiling of the auditorium
shall be formed of fire-proof materials. All lathing, whenever used, shall
be of metal. The partitions in that portion of the building which con-
tains the auditorium, the entrance vestibule and every room and passage
devoted to the use of the audience, shall be constructed of fire-proof
Diaterials, including the furring of outside or other walls. None of the
walls or ceilings shall be covered with wood sheathing, canvas, or any
combustible material, but this shall not exclude the use of wood wains-
coting to a height not to exceed six feet, which shall be filled in solid
between the wainscoting and the wall with fire-proof materials. The
walls separating the actors' dressing-room from the stage, and the par-
titions dividing the dressing-rooms, together with the partitions of every
passageway from the same to the stage, and all other partitions on or
about the stage shall be constructed of fire-proof material approved by
the superintendent of buildings. All doors in any of said partitions shall
be of iron, or of wood constructed as herein before described. All the
shelving and cupboards in each and every dressing-room, property-room
or other storage rooms, shall be constructed of metal, slate or some fire-
proof material. Dressing-rooms may be placed in the fly-galleries, pro-
vided that proper exits are secured therefrom to the fire-escapes in the
open courts, and that the partitions and other matters pertaining to
dressing-rooms shall conform to the requirements herein contained, but
the stairs leading to the same shall be fire-proof. All seats in the audi-
torium excepting those contained in boxes, shall be firmly secured to the .
floor, and no seat in the auditorium shall have more than six seats inter-
vening between it and an aisle, on either side, and no stool or seat shall
be placed in any aisle. All platforms in galleries formed to receive the
seats shall not be more than twenty-one inches in height of riser, nor
less than thirty inches in width of platform. All aisles on the respective
floors in the auditorium, having seats on both sides of same, shall be not
less than three feet wide where they begin, and shall be increased in
width towards the exits in the ratio of one and one-half inches to five
running feet. Aisles having seats on one side only, shall be not less than
two feet wide at their beginning and increased in width the same as
aisles having seats on both sides. The aggregate capacity of the foyers,
lobbies, corridors, passages and rooms for the use of the audience, not
including aisle space between seats shall, on each floor or gallery, be
suifficient to contain the entire number to be accommodated on said floor
or gallery, in the ratio of one hundred and fifty superficial feet of floor
room for every one hundred persons. Gradients or inclined planes shall
be employed instead of steps where possible, to overcome slight difference
of level in or between aisles, corridors and passages. Every theater
accommodating three hundred persons shall have at least two exits; when
accommodating five hundred persons, at least three exits shall be pro-
vided; these exits not referring to or including the exits to the open court
at the sides of the theater. Doorways of exit or entrance for the use of
the public shall not be less than five feet in width, and for every
additional one hundred persons or portions thereof to be accommodated,
in excess of five hundred, an aggregate of twenty inches additional exit
width must be allowed. All doors of exit or entrance shall open out-
890
APPENDIX V.
wardly and be hung to swing in such a manner as not to become an
obstruction in a passage or corridor, and no such doors shall be closed
and locked during any representation, or when the building is open to
the public. Distinct and separate places of exit and entrance shall be
provided for each gallery above the first. A common place of exit and
entrance may serve for the main floor of the auditorium and the first
gallery, provided its capacity be equal to the aggregate capacity of the
outlets from the main floor and the said gallery. No passage leading to
any stairway communicating with any entrance or exit shall be less than
four feet in width in any part thereof. All stairs within the building
shall be constructed of fire-proof material throughout. Stairways serv-
ing for the exit of fifty people must, if straight, be at least four feet wide,
between railings, or between walls, and if curved or winding, five feet
wide, and for every additional fifty people to be accommodated six inches
must be added to their width. In no case shall the risers of any stairs
exceed seven and a half inches in height, nor shall the treads, exclusive
of nosings, be less than ten and one-half inches wide in straight stairs.
In circular or winding stairs the width of the tread at the narrowest end
shall not be less than seven inches. Where the seating capacity is for
more than one thousand people, there shall be at least two independent
staircases, with direct exterior outlets, provided for each gallery in the
auditorium, where there are not more than two galleries, and the same
shall be located on opposite sides of said galleries. Where there are more
than two galleries one or more additional staircases shall be provided,
the outlets from which shall communicate directly with the principal
exit or other exterior outlets. All said staircases shall be of width pro-
portionate to the seating capacity as elsewhere herein prescribed. Where
the seating capacity is for one thousand people, or less, two direct lines
of staircase only shall be required, located on opposite sides of the gal-
leries, and in both cases shall extend from the sidewalk level to the upper
gallery, with outlets from each gallery to each of said staircases. At
least two independent staircases, with direct exterior outlets, shall also
be provided for the service of the stage and shall be located on the oppo-
site sides of the same. All inside stairways leading to the upper galleries
of the auditorium shall be inclosed on both sides with walls of fire-proof
materials. Stairs leading to the first or lower gallery may be left open
on one side, in which case they must be constructed as herein provided
for similar stairs leading from the entrance hall to the main floor of the
auditorium. But in no case shall stairs leading to any gallery be left
open on both sides. When straight stairs return directly on themselves,
a landing of the full width of both flights, without any steps, shall be
provided. Stairs turning at an angle shall have a proper landing without
winders introduced at said turn. In stairs, when two side flights con-
nected with one main flight, no winders shall be introduced, and the
width of the main flight shall be at least equal to the aggregate width of
the side flights. Circular or winding stairs shall have proper landings
introduced at convenient distances. All inclosed staircases shall have, on
both sides, strong hand-rails, firmly secured in the wall about three
inches distant therefrom and about three feet above the stairs, but said
hand-rails shall not run on level platforms and landings where the same
is more in length than the width of the stairs. All staircases six feet and
APPENDIX V.
891
over in width shall be provided with a center hand-rail of hardwood, or
metal, not less than two inches in diameter, placed at a height of about
three feet above the center of the treads, and supported on wrought-iron
or brass standards of sufficient strength, placed not nearer than four feet
nor more than six feet apart and securely bolted to the treads or risers of
stairs, or both, and at the head of each flight of stairs, on each landing,
the post or standard shall be at least six feet in height, to which the rail
shall be secured. Every steam boiler which may be required for heating
or other purposes shall be located outside of the building, and the space
allotted to the same shall be inclosed by walls of masonry on all sides,
and the ceiling of such space shall be constructed of fire-proof materials.
All doorways in said walls shall have iron doors. No floor register for
heating shall be permitted. No coil or radiator shall be placed in any
aisle or passageway used as an exit; but all said coils and radiators shall
be placed in recesses formed in the wall or partition to receive the same.
All supply, return or exhaust pipes shall be properly incased and pro-
tected where passing through floors or near woodwork. Stand pipes of
two and one-half inches diameter shall be provided, with hose attach-
ments on every floor and gallery, as follows, namely: One on each side of
the auditorium in each tier; also one on each side of the stage in each
tier, and at least one in the property-room and one in the carpenter's
shop, if the same be contiguous to the building. All such stand pipes.
shall be kept clear from obstruction. Said stand pipes shall be separate and
distinct, receiving their supply of water direct from the steam pumps
and shall be fitted with the regulation couplings of the fire department
and shall be kept constantly filled with water by means of an automatic
steam pump or pumps, of sufficient capacity to supply all the lines of
hose when operated simultaneously; and said pump or pumps shall be
supplied from the street main and be ready for immediate use at all
times during a performance in said building. A separate and distinct
system of automatic sprinklers, with fusible plugs approved by the super-
intendent of buildings supplied with water from a tank located on the
roof over the stage and not connected in any manner with the stand
pipes, shall be placed up and around the proscenium opening and on the
ceiling or roof over the stage at such intervals as will protect every
square foot of stage surface when said sprinklers are in operation.
Automatic sprinklers shall also be placed, wherever practicable, under the
stage and in the carpenter-shop, paint-rooms, store-rooms, and property-
rooms. A proper and sufficient quantity of two and one-half inch hose
fitted with the regulation couplings of the fire department and with ņoz-
zles attached thereto, and with hose spanners at each outlet, shall always
be kept attached to each hose attachment. There shall also be kept in
readiness for immediate use on the stage, at least four casks full of
water, and two buckets to each cask. Said casks and buckets shall be
painted red. There shall also be provided hand pumps or other portable
fire extinguishing apparatus and at least four axes, and two twenty-five
feet hooks, two fifteen feet hooks, and two ten feet hooks on each tier or
Hoor of the stage. Every portion of the building devoted to the uses or
accommodation of the public, also all outlets leading to the streets, and
including the open courts and corridors, shall be well and properly
lighted during every performance, and the same shall remain lighted until
892
APPENDIX V.
the entire audience has left the premises. At least two or more oil lamps
on each side of the auditorium in each tier shall be provided on fixed
brackets, not less than seven feet above the floor. Said lamps shall be
filled with whale or lard oil, and shall be kept lighted during each per-
formance, or in place of said lamps candles shall be provided. All gas or
electric lights in the halls, corridors, lobby or any other part of said
buildings used by the audience, except the auditorium, must be con-
trolled by a separate shut-off, located in the lobby, and controlled only in
that particular place. Gas-mains supplying the building shall have inde-
pendent connections for the auditorium and the stage, and provision
shall be made for shutting off the gas from the outside of the building.
When interior gas-lights are not lighted by electricity, other suitable
appliances, to be approved by the superintendent of buildings, shall be
provided. All suspended or bracket lights surrounded by glass, in the
auditorium, or in any part of the building devoted to the public shall be
provided with proper wire netting underneath. No gas or electric light
shall be inserted in the walls, woodwork, ceilings, or in any part of the
building unless protected by fire-proof materials. All lights in passages
and corridors in said buildings, and wherever deemed necessary by the
superintendent of buildings, shall be protected with proper wire net-
work. The foot-lights in addition to the wire network, shall be protected
by a strong wire guard, not less than two feet distant from said foot-
lights, and the trough containing said foot-lights shall be formed of and
surrounded by fire-proof materials. All border lights shall be constructed
according to the best known methods, and subject to approval of the
commissioners of the fire department, and shall be suspended for ten feet
by wire rope. All ducts or shafts used for conducting heated air from the
main chandelier, or from any other light or lights, shall be constructed
of metal and made double, with an air space between. All stage lights
shall have strong metal wire guards or screens, not less than ten inches in
diameter, so constructed that any material in contact therewith shall be
out of reach of the flames of said stage lights, and must be soldered to
the fixture in all cases. The stand-pipes, gas-pipes, electric wires, hose,
foot-lights and all apparatus for the extinguishing of fire or guarding
against the same, as in this section specified, shall be in charge and under
control of the department of buildings, and the superintendent of said
department is hereby directed to see that the arrangements in respect
thereto are carried out and enforced. A diagram or plan of each tier,
gallery or floor, showing distinctly the exits therefrom shall be printed
in a legible manner on the programme of the performance. Every exit
shall have over the same on the inside, the word EXIT painted in legible
letters not less than eight inches high. (As amended by L. 1892, ch. 275,
§ 36.)
Plans for plumbing and drainage to be approved.
$ 501. The drainage and plumbing of all buildings, both public and
private hereafter erected in The City of New York, shall be executed in
accordance with plans previously approved in writing by the superin-
tendent of buildings. Suitable drawings and descriptions of the said
plumbing and drainage shall in each case be submitted and placed on file
in the department of buildings. The said department of buildings is
APPENDIX V.
893
authorized to receive and place on file drawings and descriptions of the
plumbing and drainage of buildings erected prior to the passage of this
title. Any person violating any provision of this section shall be deemed
guilty of a misdemeanor. (As amended by L. 1892, ch. 275, § 37.)
Recovery of bodies under fallen buildings.
$ 502. In case of the falling of any building or part of any building in
T'he City of New York, where persons are known or believed to be buried
under the ruins thereof, it shall be the duty of the fire department to
cause an examination of the premises to be made for the recovery of the
bodies of the killed and injured. Whenever in making such examina-
tion, it shall be necessary to remove from the premises any debris, it
shall be the duty of the commissioners of the department of docks, of the
department of parks, of the department of public works, and of the
department of street cleaning, when called upon by the department of
buildings to co-operate, to provide a suitable and convenient dumping
place for the deposit of such debris. In case there shall be in the opinion
of the superintendent of buildings, actual and immediate danger of the
falling of any building or part thereof so as to endanger life or property,
said superintendent shall cause the necessary work to be done to render
said building or part thereof temporarily safe until the proper proceed-
ings can be taken as in the case of an unsafe building as provided for
in this title. For the aforesaid purposes the said fire department, or
the superintendent of buildings, as the case may be, shall employ labor-
ers and materials as may be necessary to perform said work as speedily
as possible, and the comptroller of The City of New York is authorized
and directed to provide the funds to prosecute said work until com-
pleted. For the purpose of providing the money for said work and mate-
rials, or either of them, the board of estimate and apportionment is
hereby authorized to transfer to the order of the comptroller such sums
as may be necessary, from any unexpended or excessive appropriation
of the then current or of any previous year, or to issue revenue bonds
payable out of the taxes of the next ensuing year. (As amended by L.
1892, ch. 275, § 38.)
Plans to be submitted before construction or alteration.
§ 503. Before the erection, construction or alteration of any building
or part of any building or any platform, staging or flooring to be used
for standing or seating purposes, in the city of New York, is com-
menced, the owner or his agent or architect, shall submit to the
superintendent of buildings a detailed statement in writing of the speci-
fications, and a full and complete copy of the plans of such proposed
work, which shall be accompanied with a statement in writing, sworn to
before a notary public or commissioner of deeds, giving the full name
and residence (street and number) of the owner, or of each of the
owners of said building, or proposed building, platform, staging or floor-
18. If such erection, construction or alteration is proposed to be made
ojo any other person than the owner or owners of the land in fee, the
person or persons intending to make such erection or alteration shall
accompany said detailed statement of the specifications and copy of the
plans, with a statement in writing, sworn to as aforesaid, giving the full
894
APPENDIX V.
name and residence (street and number) of the owner or owners of the
land, and also of every personinterested in said building or proposed build-
ing, platform, staging or flooring, either as owner, lessee, or in any repre-
sentative capacity. Such statement may be made by the agent or archi-
tect of the person or persons herein before required to inake the same.
Said sworn statement, and detailed statement, and a copy of the plans
shall be kept on file in the office of the superintendent of buildings, and
the erection, construction or alteration of said building, platform, stag-
ing or flooring, or any part thereof, shall not be commenced or proceeded
with, until said statements and plans shall have been so filed, and
approved by the superintendent of buildings. But the superintendent
inay, in his discretion, and for reasons to be stated in writing, by the
applicant, and filed with the plans and detailed statements, dispense with
the making of said sworn statement in any case. Nothing in this section
shall be construed to prevent the superintendent of buildings from
granting his approval for the erection of any part of a building where
plans and detailed statements have been presented for the same before
the entire plans and detailed statements of said building have been sub-
mitted. Any false swearing in a material point in any statement sub-
mitted in pursuance of the provisions of this section shall be deemed
perjury, and shall be punished as such. Ordinary repairs may be made
without notice to the department of buildings, but such repairs shall not
be construed to include the cutting away of any stone or brick wall, or
any portion thereof, the removal or cutting of any beams or supports, or
the removal, change or closing of any staircase. (As amended by L.
1892, ch. 275, § 39.)
Superintendent of buildings to pass on plans; modification by board of
examiners.
$ 504. The superintendent of buildings shall have power (except as
herein otherwise provided) to pass upon any question relative to the
mode, manner of construction, or materials to be userl, in the erection,
or alteration of any building, or other structure, provided for in this
title, in any part of The City of New York, to make the same conform
to the true intent and meaning of the several provisions of this title.
IIe shall also have power to vary, or modify, the provisions of this
title upon application to him therefor, in writing, by an owner of such
building or structure, or his representative, where there are practical
difficulties in the way of carrying out the strict letter of this law, so
that the spirit of the law shall be observed, the public safety secured,
and substantial justice done; but no such deviation shall be permitted,
unless a record of the same shall be kept by the said superintendent of
buildings, and a certificate be first issued to the party applying for the
same. Such certificate shall not be issued until a board of examiners,
consisting of a member of the New York Chapter of the American Insti-
tute of Architects, one member of the New York Board of Fire Under-
writers, two members of the Mechanics and Traders’ Exchange of said
city, one of whom shall be a master mason and one a master carpenter,
one member of the Society of Architectural Iron Manufacturers of said
city, one member of the Real Estate Owners and Builders' Association
of said city, who shall be an architect or builder, and one member of
APPENDIX V.
895
the New York Real Estate Exchange, Limited, who shall be an architect
or builder, and the chief of said fire department, all of whom shall be
appointed by their respective organizations (and so certified to annu-
ally to said superintendent of buildings), shall also approve the proposed
modifications of the law. The said examiners shall each take the usual
oath of office before entering upon the performance of their duties. The
superintendent of buildings shall be, ex-officio, a member of said board
of examiners and be chairman thereof. In cases in which it is claimed
by an owner, in person, or by his representative, that the provisions of
this title do not directly apply, or that an equally good and more desir-
able form of construction can be employed in any specific case than that
required by this title, then such person shall have the right to present
a petition to the board of examiners, through the superintenuent or
buildings, and may appear before said board and be heard; and said
board shall consider such petition in its regular order of business, and,
as soon as practicable, render a decision thereon. The said board of
examiners are hereby authorized and empowered to grant or reject such
petition, and their decision shall be final. If such decision is favorable
to said petitioner, a certificate shall be issued by the superintendent of
buildings in accordance therewith. At least five affirmative votes shall
be necessary to the granting of any application or petition by said
board. No member of said board shall pass upon any question in which
he is pecuniarily interested. The said board shall meet once in each
week upon notice from the superintendent of buildings. The chief clerk
in the office of the superintendent of buildings shall be the clerk of said
board, and shall keep a record of its proceedings, which shall be kept
in the office of the superintendent of buildings. All the members of
said board of examiners, and the clerk of said board, shall be entitled
to and shall receive ten dollars for each attendance at a meeting of said
board, to be paid by the comptroller from the contingent fund upon the
voucher of the superintendent of buildings. [*] for the erection of any
building on a wharf, pier or bulkhead shall be granted unless the same
be also approved by the said board of examiners. (As amended by
L. 1892, ch. 275, 8 40.)
Compare charter 88 649, 650, ante.
(a) The provisions of this section constituting the board of examiners
are not violative of the state constitution, § 2, art. 10, requiring all city
officers, whose election or appointment is not provided for by the con-
stitution, to be elected by the electors of the city or appointed by the
authorities thereof designated by the legislature for that purpose,
because, first, the members of the board are not city officers; and sec-
ond, even if they are to be considered city officers, as their offices were
created subsequent to the adoption of the constitution, they do not come
within its purview. Fire Dept. v. Atlas Steamship Co., 106 N. Y. 566;
6. C., 11 N. Y. State Rep. 113.
(b) Under the provision in this section giving the board of examiners
power to permit “an equally good or more desirable form of construc-
tion ” to be employed, it was not intended to authorize the board to
allow wood to be used in place of the incombustible substances men-
* So in original.
896
APPENDIX V.
tioned in the statute (492), but only to permit some other substance
to be used, if any could be found, which should appear to be equally as
good and more desirable than the iron and brick mentioned (in § 492);
there being no evidence before the board of examiners which tended to
show that the proposed form of construction was equally as good and
more desirable than that mentioned in the statute, the decision made by
the board was without jurisdiction and deprived the decision of all
authority, even when brought in question in a collateral proceeding, and
hence an application for a mandamus to compel the superintendent of
buildings to issue the certificate in accordance with the decision would
be refused. People ex rel. Tucker v. D’Oench, 44 Hun, 33. Case cannot
be reversed by the board of examiners. People ex rel. Purdy v. Ester-
brook, 26 Hun, 401.
(c) The refusal of the department of buildings to exercise the power
to modify or vary the provisions of the statute to meet the requirements
of a particular case cannot be reversed by the board of examiners. Peo-
ple ex rel. Purdy v. Esterbrook, 26 Hun, 401.
(d) The municipal authorities are not estopped from claiming against
a lessee of one of the city wharves obedience to the building laws by the
fact that the lease contains provisions in contravention of those laws.
Fire Dept. v. Atlas Steamship Co., Ibid.
(e) The determination of the board of examiners as to the mode of
construction of a building, if their requirements are not wholly imprac-
ticable, even if they are unreasonable, may not be reviewed by the courts.
Fire Dept. v. Atlas Steamship Co., Ibid.
Violation of this title; fines.
§ 505. The owner or owners of any building, or part thereof, upon
which any violation of this title may be placed, or shall exist, and any
architect, builder, carpenter or mason who may be employed or assist in
the commission of any such violation, and any and all persons who shall
violate any of the provisions of this title or fail to comply therewith, or
any requirement thereof, or who shall violate, or fail to comply with,
any order or regulation made thereunder, or who shall build in violation
of any detailed statement of specifications or plans, submitted and
approved thereunder, or of any certificate of permit issued thereunder,
shall severally, for each and every such violation, and non-compliance,
respectively forfeit and pay a penalty in the sum of fifty dollars except
that any such person who shall violate any of the provisions of this title
as to the construction of chimneys, fire-places, flues, hot-air pipes and fur-
naces, or who shall violate any of the provisions of this title, with reference
to the framing or trimming of timbers, girders, beams, or other wood-
work in proximity to chimney flues or fire-places, shall forfeit and pay
a penalty in the sum of one hundred dollars. But if any said violation
shall be removed or be in process of removal within ten days after the
service of a notice as hereinafter prescribed, the liability for such penalty
shall cease, and said department shall discontinue any action pending to
recover the same, upon such removal or the completion thereof within
a reasonable time. Any and all of the aforementioned persons, who hav-
ing been served with a notice as hereinafter prescribed, to remove any
violation, or comply with any requirements of this title, or with any.
APPENDIX V.
897
order or regulation made thereunder, shall fail to comply with said
notice within ten days after such service or shall continue to violate any
requirement of this title in the respect named in said notice shall pay
a penalty of two hundred and fifty dollars. For the recovery of any
said penalty or penalties an action may be brought in any district court,
or court of record, in said city in the name of the department of build-
ings; and whenever any judgment shall be rendered therefor, the same
shall be collected and enforced, as prescribed and directed by the Code of
Civil Procedure of the state of New York. The department of buildings
is hereby authorized, in its discretion, good and sufficient cause being
shown therefor, to remit any fine or fines, penalty or penalties, which
any person or persons may have incurred, or may hereafter incur, under
any of the provisions of this title; but no fine or penalty shall be
remitted for any such violation until the violation shall have been
removed. (As amended by L. 1892, ch, 275, $ 41.)
(a) As to form and contents of notice of violation to be given under
this section, see Fire Dept. v. Williamson, 1 Robt. 476; s. C., 16 Abb. Pr.
402; rev'g.
(6) No penalty can be recovered under this section for failure to com-
ply with plans and specifications approved by the building department
in a particular not required by the law in reference to the construction
of buildings. Fire Dept. v. Braender, 14 Daly, 53; s. C., 3 N. Y. State
Rep. 580.
(c) It is no defense to an action for a penalty, under this section, that
the deviations from the plan and specifications approved by the building
department were permitted by an inspector of the building department
without authority. Health Department of N. Y. v. Hamm, 4 Misc. 602;
S. C., 24 N. Y. Supp. 730.
Jurisdiction of courts in proceedings for violation; injunctions, judg-
ments, etc.
$ 506. All courts of civil jurisdiction in the city of New York shall have
cognizance of and jurisdiction over any and all suits and proceedings by
this title authorized to be brought for the recovery of any penalty and
the enforcement of any of the several provisions of this title, and shall
give preference to such suits and proceedings over all others, and no
court shall lose jurisdiction of any action by reason of a plea that title
to real estate is involved, provided the object of the action is to recover
a penalty for the violation of any of the provisions of this title. The
department of buildings is authorized to institute any and all actions and
proceedings, either legal or equitable, that may be appropriate or neces-
sary for the enforcement of the provisions of this title, except those aris-
ing under section five hundred and one, and all civil courts in said city
are hereby invested with full legal and equitable jurisdiction to hear, try
and determine all such actions and proceedings, and to make appropriate
orders and render judgment therein according to law, so as to give force
and effect to the provisions of this title. Whenever the superintendent
of buildings is satisfied that any building or structure, or any portion
thereof, the erection, construction or alteration of which is regulated,
permitted or forbidden by this title, is being erected, constructed or
altered, or has been erected, constructed or altered in violation of, or not
57
898
APPENDIX V..
in compliance with, any of the provisions or requirements of this title, or
in violation of any detailed statement of specifications or plans submitted
and approved thereunder, or of any certificate of permit issued there-
under, or that any provisions or requirements of this title, or any order
or direction made thereunder has not been complied with, said depart-
ment may, in its discretion, institute any appropriate action or proceed-
ing, at law or in equity, to restrain, correct or remove such violation, or
to restrain or correct the erection or alteration of, or to require the
removal of, or to prevent the occupation or use of, the building or struc-
ture erected, constructed or altered, in violation of, or not in compliance
with any of the provisions of this title, or with respect to which the
requirements of this title, or of any order or direction made pursuant to
any provisions contained in this title, shall not have been complied with.
In any such action or proceeding said department may, in its discretion,
and on the affidavit of the superintendent of buildings setting forth the
facts, apply to any court of record in said city, or to a judge or justice
thereof, for an order enjoining and restraining all persons from doing,
or causing or permitting to be done, any work in or upon such building
or structure, or in or upon such part thereof as may be designated in
said affidavit, or from occupying or using said building or structure, or
such portion thereof as may be designated in said affidavit for any pur-
pose whatever, until the hearing and determination of said action and
the entry of final judgment therein. The court, or judge or justice
thereof, to whom such application is made, is hereby authorized forth-
with to make any or all of the orders above specified, as may be required
in such application, with or without notice, and to make such other or
further orders or directions as may be necessary to render the same
cffectual. No officer of said department, acting in good faith and without
malice, shall be liable for damages by reason of anything done in any
such action or proceeding. No undertaking shall be required as a con-
dition to the granting or issuing of such injunction order, or by reason
thereof. All courts in which any suit or proceeding is instituted under
this title, shall upon the rendition of a verdict, report of a referee, or
decision of a judge or justice, render judgment in accordance therewith;
and the said judgment so rendered, shall be and become a lien upon the
premises named in the complaint in any such action, to date from the
time of the filing in the county clerk's office in the city of New York, of
a notice of lis pendens therein; which lien may be enforced against said
property, in every respect, notwithstanding the same may be transferred
subsequent to the filing of the said notice. Said notice of lis pendens
shall consist of a copy of the notice issued by the superintendent of
buildings, requiring the removal of the violation and a notice of the suit
of proceedings instituted, or to be instituted thereon, and said notice of
lis pendens may be filed at any time after the service of the notice issued
by the superintendent of buildings as aforesaid, provided he may deem
the same to be necessary. Any notice of lis pendens filed pursuant to the
provisions of this title, may be vacated and canceled of record, upon an
order of a judge or justice of the court in which such suit or proceeding
was instituted or is pending, or upon the consent in writing of the attor-
ney to said department, and the clerk of the city and county of New
York is hereby directed and required to mark any such notice of lis
APPENDIX V.
899
pendens and any record or docket thereof as vacated and canceled of
record, upon the presentation and filing of a certified copy of an order as
aforesaid, or of the consent, in writing, of said attorney. In no case shall
the said department of buildings or any officer thereof, or the corpo-
ration of the city of New York, or any defendant, be liable for costs in
any action, suit or proceeding that may have been, or may hereafter be,
instituted or commenced by said department of buildings, in pursuance
of this title, unless specially ordered and allowed, against any defendant
0; defendants, by a court or justice, in the course of such action, suit or
proceeding. (As amended by L. 1892, ch. 275, $ 42.)
(a) An injunction under this section should not forbid all further
progress of any work on the premises, but only the further progress of
the violation complained of. Fire Dept. v. Beaudet, 21 Abb. N. C. 164.
(6) The lien of a judgment recovered under this section is subject to all
prior liens, and sales upon such prior liens have the same effect thereon;
nor does the provision which declares that the lien of the judgment may
be enforced notwithstanding the premises may be transferred after the
filing of notice of lis pendens therein provided, include a judicial sale
upon foreclosure of a mortgage which is such a prior lien. Mitchell v.
Smith, 53 N. Y. 413.
Notices of violations of act. Service, etc. :
$ 507. All notices of the violation of any of the provisions of this title,
and all notices directing anything to be done, required by this title, and
all other notices that may be required or authorized to be issued there-
under, including notice that any building, structure, premises, or any part
thereof, are deemed unsafe or dangerous, shall be issued by the superin-
tendent of buildings, and shall have his name affixed thereto, and may be
served by any officer or employe of the fire department, or by any person
authorized by the said department. All such notices, and any notice or
order issued by any court in any proceeding instituted by the attorney to
said department to restrain or remove any violation, or to enforce com-
pliance with any provision or requirement of this title, may be served by
delivering to and leaving a copy of the same, with any person or persons
violating, or who may be liable under any of the several provisions of this
title, or to whom the same may be addressed, and if such person or per-
sons cannot be found after diligent search shall have been made for him.
or them, then such notice or order may be served by posting the same in
a conspicuous place upon the premises where such violation is alleged to
have been placed or to exist, or to which such notice or order may refer,
or which may be deemed unsafe or dangerous, which shall be equivalent
to a personal service of said notice or order upon all parties for whom
such search shall have been made. Such notice or order shall contain
a description of the building, premises or property upon which such vio-
lation shall have been put or may exist, or which may be deemed unsafe
or dangerous, or to which such notice or order may refer. If the person
or persons or any of them, to whom said notice or order is addressed, do
not reside in the State of New York, and have no known place of business
therein, the same may be served by delievring to and leaving with, such
person or persons, or either of them, a copy of said notice or order, or if
said person or persons cannot be found within said State after diligent
900
APPENDIX V.
search, then by posting a copy of the same in manner as aforesaid and
depositing a copy thereof in the post-office at the city of New York,
inclosed in a sealed wrapper addressed to said person or persons at his or
their last known place of residence, with the posting paid thereon; and
said posting and mailing of a copy of said notice or order shall be equiv-
alent to personal service of said notice or order. (As amended by L.
1887, ch. 566, $ 32, p. 766.)
L. 1871, ch. 625, § 34 (Comp. 544); L. 1881, ch. 687, § 2. See L. 1885, ch.
456, § 34.
Violations after notice.
§ 508. (Continued violations after notice, a misdemeanor punishable by
fine and imprisonment.) Repealed by L. 1887, ch. 566, § 40, p. 772.
Removing unsafe buildings. Notice.
$ 509. Any building or buildings, part or parts of a building, staging
or other structure in the city of New York, that from any cause may
now be, or shall at any time hereafter become dangerous or unsafe, may
be taken down and removed, or made safe and secure, in the manner fol-
lowing: Immediately upon such unsafe or dangerous building or build-
ings, or part or parts of a building, staging or structure being so reported
by any of the officers of said fire department, the same shall be immedi-
ately entered upon a docket of unsafe buildings, to be kept by said
superintendent; and the owner, or some one of the owners, executors,
administrators, agents, lessees, or any other person or persons who may
have a vested or contingent interest in the same, may be served with
a printed or written notice containing a description of the premises or
structure deemed unsafe or dangerous, requiring the same to be made
safe and secure, or removed, as the same may be deemed necessary by the
said superintendent, which said notice shall require the person or persons
thus served to immediately certify to the superintendent of buildings his
or their assent or refusal to secure or remove the same. (As amended by
I.. 1887, ch. 566, § 33, p. 767.)
(a) The duty of examining and removing dangerous buildings or struc-
tures being wholly vested in the fire department, as a means to the exer-
cise of the sovereign power for the benefit of all citizens, the officers and
agents of the department are not agents of the city, but agents or serv-
ants of the public at large, and the city is not responsible for their acts
or omissions. Connors v. Mayor, 11 Hun, 439. See Connors v. Adams, 13
Id: 427, that “superintendent or head of department of buildings” is
liable to person injured by his official neglect to remove unsafe building.
Assent to removal. Surveys and reports. Posting copy of report.
$ 510. If the person or persons so served with notice shall immedi-
ately certify his or their assent to the securing or removal of said unsafe
or dangerous building, premises or structure, he or they shall be allowed
until one o'clock P. M., of the day following the service of such notice,
in which to commence the securing or removal of the same; and he or
they shall employ sufficient labor and assistance to secure or remove the
same as expeditiously as the same can be done; but upon his or their
refusal or neglect to comply with any of the requirements of said notice
APPENDIX V.
901
so served, a further notice shall be served upon the person or persons
heretofore named, and in the manner heretofore prescribed, notifying
him or them that a survey of the premises named in the said notice will
be made at the time and place therein named, which time may not be less
than twenty-four hours nor more than three days from the time of the
service of the said notice, by three competent persons, each of whom shall
be a practical builder or architect, and one of whom shall be the super-
intendent of buildings, or an inspector duly authorized by him or the
deputy superintendent of buildings, another of whom shall be an archi-
tect, appointed by the New York Chapter of the American Institute of
Architects, another of whom shall be appointed by the person or persons
thus notified, upon whose neglect or refusal to appoint such surveyor,
however, the said other two surveyors may make such survey; and in
case of a disagreement of the latter they shall appoint a third person
to take part in such survey, who shall also be a practical builder or archi-
tect, and the decision of the said surveyors shall be final; and that in
case the said premises shall be reported unsafe or dangerous under such
survey, the said report will be placed before a court therein named, hav-
ing jurisdiction to the extent of one thousand dollars, and that a trial
upon the allegations and statements contained in said report, be the
report of the said surveyors more or less than is contained in the said
notice of survey, will be had before said court, at a time and place
therein named, to determine whether said unsafe or dangerous building
or premises shall be repaired and secured or taken down and removed;
and a report of such survey, reduced to writing, shall constitute the
issue to be placed before the court for trial. A copy of said report of
survey shall be posted on the building by the persons holding the survey,
immediately on their signing the same. The architect appointed by the
New York Chapter of the American Institute of Architects, who may act
on any survey called in accordance with the provisions of this title, shall
be entitled to, and receive the sum of twenty-five dollars, to be paid on .
vouchers in the same manner as the fees of the board of examiners are
now paid, as in this title specified, and a cause of action is hereby created
for the benefit of the mayor, aldermen and commonalty of The City of :
New York, against the owner or owners of said building, staging or
structure, and of the lot or parcel of land on which the same is situated,
for the amount so paid with interest, which shall be presented in the
name of the fire department of The City of New York, by the attorney to
said department. The amount so collected shall be paid over to the
comptroller in reimbursement of the amounts paid by him as aforesaid.
(As amended by L. 1887, ch. 566, § 34, p. 767.)
(a) The preliminary notice of survey of an unsafe building served on
the owner, is the foundation of the jurisdiction of the court, and hence
on a trial of the truth of the report of the survey as provided in this
section, only the defects mentioned in the notice can be tried, and as
to any other particulars of unsafe condition of building, a new survey
upon proper notice must be had. Matter of Unsafe Building, 1 Abb. N.
C. 464.
Id. Proceedings.
§ 511. Whenever the report of any such survey, had as aforesaid, shall
902
APPENDIX V.
recite that the building, premises, or structure thus surveyed is unsafe
or dangerous, the attorney of the fire department of The City of New
York shall, at the time in the said notice named, place said notice and
report before the judge or justice holding the chambers of the court in
the said notice named, which said judge or justice shall immediately pro-
ceed to obtain and impanel a jury, and to the trial of said issue before
said jury, whose verdict shall be conclusive and final, and shall try said
issue without adjournment, except as may be necessary from day to day,
giving precedence to the trial of this issue over every other business, and
said judge or justice shall have power to impanel a jury, for that pur-
pose, from any jurors in attendance upon said court, or in case sufficient
jurors shall not be in attendance, then from any jurors that may be
summoned for that purpose; and said judge or justice shall have power
to summon jurors for that purpose; and any such suit or proceeding
commenced before a judge or justice may be continued before another
judge or justice of the same court; a jury trial may be waived by the
default of the defendant or defendants to appear at the time and place
named in the said notice, or by agreement, and in such case the trial
may be by court, judge, justice, or referee, whose report or decision in
the matter shall be final; and upon the rendition of a verdict or decision
of the court, judge, justice or referee, if the said verdict or decision shall
find the said building, premises or structure to be unsafe or dangerous
the judge or justice trying said cause, or to whom the report of the
referee trying said cause shall be presented, shall immediately issue
a precept out of said court, directed to the superintendent of buildings,
reciting said verdict or decision, and commanding him forthwith to
repair and secure or take down and remove, as the case may be, in accord-
ance with said verdict or decision, said unsafe 'or dangerous building,
buildings, part or parts thereof, staging, structure or other premises
that shall have been named in the said report; and said superintendent
shall immediately thereupon proceed to execute said precept as therein
directed, and may employ such ·labor and assistance and furnish such
materials as may be necessary for that purpose, and after having done
so, said superintendent shall make return of said precept, with an
indorsement of his action thereunder and the costs and expenses thereby
incurred, to the judge or justice then holding the chambers of the said
court, and thereupon said judge or justice shall tax and adjust the
amount indorsed upon said precept, and shall adjust and allow disburse-
ments of said proceedings, together with the preliminary expenses of
searches and surveys, which shall be inserted in the judgment
in said action or proceeding, and shall render judgment for such
amount, and for the sale of said premises in the said notice named,
together with all the right, title and interest that the person or persons,
or either of them, named in the said notice had in the lot, ground or land
upon which the said building or structure was placed, at the time of the
filing of a notice of lis pendens in the said proceedings, or at the time of
the entry of judgment therein to satisfy the same, which shall be in the
same manner and with like effect as sales under judgment in fore-
closure of mortgages; and in and about all preliminary proceedings, as
well as the carrying into effect any order of the court or any precept
issued by any court, said board of fire commissioners may make. requisi-
tion upon the comptroller of the city and county of New York for such
APPENDIX V.
903
amount or amounts of money as shall be necessary to meet the expenses
thereof; and upon the same being approved by any judge or justice of the
court from which the said order or precept was issued and presented to
said comptroller, he shall pay the same, and for that purpose shall bor-
row and raise, upon a revenue bond, to be issued in the name of the
mayor, aldermen and commonalty of the said city, the several amounts
that may from time to time be required, or the board of esti-
mate and apportionment may transfer to the order of the comp-
troller, for this purpose, such amounts as may be necessary, from any
unexpended or excessive appropriation of the current, or any previous
year, which shall be reimbursed by the payment of the amount and
interest at six per cent, out of the judgment or judgments obtained
as aforesaid, if the same shall be collected. In case said issue shall not
be tried at the time specified in said notice, or to which the trial may be
adjourned, the same may be brought to trial at any time thereafter by
said fire department, without a new survey, upon not less than three
days' notice of trial to the person or persons upon whom the original
notice was served, or to his or their attorney, which notice of trial may
be served in the same manner as said original notice. The notice of lis
pendens provided for in this section shall consist of a copy of said notice
of survey, and shall be filed in the office of the clerk of the city and
county of New York. (As amended by L. 1887, ch. 566, $ 35, p. 768.)
Id.; owner to be allowed to perform.
§ 512. Provided, nevertheless, that immediately upon the issuing of said
precept, the owner or owners of said building or premises, or any party
interested therein, upon application to said superintendent of buildings,
shall be allowed to perform the requirements of said. precept at his or
their own proper cost and expense, provided the same shall be done
immediately and in accordance with the requirements of said precept,
upon the payment of all costs and expenses incurred up to that time.
(As amended by L. 1885, ch. 456, § 38, p. 794.) .
Owner may perform requirements of precept.
$ 513. In case any notice or direction authorized to be issued by this
title is not complied with within ten days after the service thereof the
fire department of the city of New York may, in its discretion, apply to
the supreme court of the city and county of New York, at a special
term thereof, at chambers, for an order directing the fire department to
proceed to make the alterations or remove the violation or violations, as
the same may be specified in said notice or direction. Whenever any
notice requiring fire-escapes, or means of egress in case of fire, to be
placed in or upon any building shall have been served as directed in this
title, and the same shall not have been complied with within ten days
after service thereof, the fire department of the city of New York may,
in its discretion, in addition to, or in lieu of the remedy last above pro-
vided, apply to the supreme court of the city and county of New York,
at a special term at chambers, for an order directing the fire department
to vacate such building or premises, or so much thereof as said depart-
ment may deem necessary, and prohibiting the same to be used or occu-
pied for any purpose specified in said order until such notice shall have
904
APPENDIX V.
been complied with. The expenses and disbursements incurred in the
carrying out of any said order or orders, shall become a lien upon said
building or premises named in the said notice from the time of filing of
a copy of the said notice, with a notice of the proceedings taken there-
under, in the office of the clerk of the city and county of New York; and
the said supreme court, or a judge or justice thereof, to whom application
shall be made, is hereby authorized and directed to grant any of the
orders above named, and to take such proceedings as shall be necessary
to make the same effectual, and any said judge or justice to whom appli-
cation shall be made is hereby authorized and directed to enforce such
lien in accordance with the mechanics' lien law of the city of New York;
and in case either of the notices hereinbefore mentioned shall be served
upon any lessee or party in possession of the building or premises therein
described, it shall be the duty of the person upon whom such service is
made to give immediate notice to the owner or agent of said building
named in the notice, if the same shall be known to the said person per-
sonally, if such person shall be within the limits of the city of New York,
and his residence known to such person, and if not within said city, then
hy depositing a copy of said notice in the New York post-office, properly
inclosed and addressed to such owner or agent, at his then place of resi-
dence, if known, and by paying the postage thereon; and in case any
lessee or party in possession shall neglect or refuse to give such notice as
herein provided, he shall be personally liable to the owner or owners of
said building or premises for all damages he or they shall sustain by
reason thereof. (As amended by L. 1887, ch. 566, § 36, p. 770.)
Officers in department of buildings.
§ 514. The said department of buildings shall be and is hereby charged
with the enforcement of the provisions of this title, through the super-
intendent of buildings, and he shall appoint all the officers thereof,
namely: An attorney at law, two deputies to be designated respectively
the first and second deputy superintendents of buildings, inspectors of
buildings, clerks, messengers and assistants. The chief officer of said
department of buildings shall be the superintendent of buildings, and
be and the deputy superintendents of buildings shall each be a competent
architect or builder of at least ten years' practice. The inspectors shall
be competent men, either architects, civil engineers, masons, carpenters
or iron-workers, who shall have served at least ten years as such. They
shall be men of good character, capable of writing a fair hand, and be
able to make out with clearness their reports, and no person shall serve
as or be appointed to office as an inspector of buildings in said bureau
who is deficient in these qualifications, and before their appointment to
office they shall pass an examination before the board of examiners
named in this title, a majority of whom shall sign a certificate as to their
competency to perform all the duties of said office. It shall not be law-
ful for any officer or employe in said bureau to be engaged in conducting
or carrying on business as an architect, civil engineer, carpenter, iron-
worker, mason or builder in the city of New York while holding office in
said bureau. The superintendent of buildings shall be authorized to
designate in writing one of the deputy superintendents of buildings, or
any of the inspectors, to act on any survey authorized by this title, or
APPENDIX V.
905
perform such other duties as the said superintendent may direct. The
deputy superintendent of buildings to be designated by the superintend-
ent, shall act as superintendent of buildings in case of absence of the
superintendent from his office and shall, while so acting, possess all the
powers in this title vested in or imposed upon the superintendent of
buildings. Any inspector of buildings for any neglect of duty, or omis-
sion to properly perform his duty, or violation of rules, or neglect or
disobedience of orders, or ingapacity, or absence without leave, may be
punished by the superintendent of buildings by forfeiting and withhold-
ing pay for a specified time, or by suspension from duty with or without
pay; but this provision shall not be deemed to abridge the right of said
superintendent to remove or dismiss any inspector of buildings from the
service of said department at any time in his discretion. (As amended
by L. 1892, ch. 275, § 43.)
Actions; attorney of fire department to take charge of. Annual report.
§ 515. The attorney to the said fire department shall be authorized
to sue for and collect all penalties and take charge of and conduct all
legal proceedings imposed or provided for by this title (except those
arising under section five hundred and one); and all suits or proceedings
instituted for the enforcement of any of the several provisions of the
preceding sections of this title, or for the recovery of any penalty there-
under (except as above provided), shall be brought in the name of the
fire department of the city of New York, by the said attorney, to whom
all notices of violation shall be returned for prosecution, and it shall be
his duty to take charge of the prosecution of all such suits or proceed-
ings, collect and receive all moneys that may be collected upon judg-
ments, suits or proceedings so instituted, or which may be paid by any
parties who have violated any of the provisions of this title, and upon
settlement of judgment and removal of violations thereunder, execute
satisfaction therefor. He shall, on the first day of each and every month,
render to the fire commissioners an account of and pay over to said fire
commissioners all penalties, and all other money, including costs,
received by him, together with his bill for all necessary disbursements
incurred or paid in said suits, and said fire commissioners shall pay over
monthly the amount of such penalties and costs so collected, to the
comptroller of the city of New York, as a fund for the use and benefit
of the said department, for the purpose of paying any expense incurred
by said department under section five hundred and two of this title, and
also for the purpose of carrying into effect any order or precept issued
by any court, or judge or justice thereof, in this title named, to the said
department or superintendent of buildings, and upon the requisition of
said board said comptroller shall pay such sum or sums as may be
allowed and adjusted by any court of record, or a judge or justice
thereof, for such purposes, as far as the same may be in his hands. (As
amended by L. 1887, ch. 566, § 38, p. 771.)
Subordinates to perform duties. May enter buildings.
$ 516. The attorney of said fire department and the officers, clerks
and messengers of the said bureau of inspection of buildings shall per-
Iorm such duties as they and each of them may be directed to do and
906
APPENDIX V.
perform by the board of fire commissioners. All the officers appointed
under this title shall, so far as may be necessary for the performance of
their respective duties, have the right to enter any building or premises
in said city.
Report to fire underwriters.
§ 517. It shall be the duty of the fire department to report, on the
first day of each month, to the New York board óf fire underwriters of
said city, all unsafe or dangerous buildings, and any information that
he may deem important to said board.
PART 2
THE STATUTORY PROVISIONS RELATING TO THE CONSTRUCTION
OR ALTERATION OF BUILDINGS IN THE MUNICIPALITY HERE-
TOFORE KNOWN AS THE CITY OF BROOKLYN, CONSTITUTING
TITLE XIV. OF CHAPTER 583 OF THE LAWS OF 1888, AS
AMENDED BY CHAPTER 481 OF THE LAWS OF 1894, CHAPTERS
292 AND 539 OF THE LAWS OF 1895, AND CHAPTERS 355 AND 633
OF THE LAWS OF 1896, CONTINUED IN FORCE BY SECTION 647
OF THE GREATER NEW YORK CHARTER, ante.
L. 1888, Ch. 583.
TITLE XIV.
SECTION 1.
Department of buildings.
The head of the department of buildings shall be the commissioner of
buildings; he shall be a practical mason, carpenter or architect of at
least ten years' experience; he shall have sole and exclusive control and
management of all matters relating to the regulation and supervision
of the erection, alteration, repair, demolition and removal of all build-
ings within the city of Brooklyn, and is charged with the execution of
the provisions of this act relating to buildings, as hereinafter provided.
He shall appoint such inspectors, clerks, experts and such other sub-
ordinates as in his judgment may be necessary to carry out and enforce
the provisions of this act, and fix their salaries; the inspectors of build-
ings shall be practical architects, civil engineers, masons or carpenters
of at least ten years' experience; the inspectors of elevators shall be prac-
tical machinists; the experts shall be practical builders, architects or
engineers, and competent to pass on all plans and questions relating to
buildings of any kind.
The commissioner shall have full power to revoke and cancel any permit
or certificate of approval granted by him in case the person or persons to
whom the same is issued fails or neglects to comply with any of the pro-
visions of this title, or of any law or ordinance relating to buildings in
the city of Brooklyn.
APPENDIX V.
907
SECTION 2.
Construction and alteration of buildings.
No wall; structure, building or part thereof, shall hereafter be built,
constructed, altered or repaired in the city of Brooklyn except in con-
formity with the provisions of this title. No buildings already erected,
or hereafter to be built in said city, shall be raised, altered or built upon
in any manner that would be in violation of any of the provisions of
this title.
SECTION 3.
Materials for walls.
The walls of all buildings, other than frame or wooden buildings, shall
be constructed of stone, brick, iron or other hard incombustible mate-
rial, and the several component parts of such buildings shall be as here-
inafter provided.
SECTION 4.
Excavations.
All excavations shall be properly guarded and protected so as to pre-
vent the same from becoming dangerous to life or limb, and shall be
sheet-piled where necessary, by the person or persons causing the exca-
vation to be made, to prevent the adjoining earth from caving in.
Whenever an excavation of either earth or rock for building or other
purposes shall be intended to be, or shall be carried to the depth of more
than ten feet below the curb, the person or persons causing such exca-
vation to be made, shall, at all times, from the commencement to the
completion thereof, if afforded the necessary license to enter on the
adjoining land and not otherwise, at his or their own expense, preserve
any adjoining or contiguous wall or walls from injury, and support the
same by proper foundations, so that the said wall or walls shall be and
remain practically as safe as before such excavation was commenced,
whether the said adjoining or contiguous wall or walls are down more or
less than ten feet below the curb.
If such excavation shall not be intended to be, or shall not be carried
to a depth of more than ten feet below the curb, the owner or owners
of such adjoininng or contiguous wall or walls shall preserve the same
from injury, and so support the same by proper foundations that it or
they shall be and remain practically as safe as before such excavation
was commenced, and shall be permitted to enter upon the premises where
such excavation is being made for that purpose, when necessary. In
case an adjoining party wall is intended to be used by the person or
persons causing the excavation to be made, and such party wall is in
good condition and sufficient for the uses of the adjoining building, then,
and in such case the person or persons causing the excavation to be made
shall, at his or their own expense, preserve such party wall from injury,
and support the same by proper foundations so that said party wall
shall be and remain practically as safe as before the excavation was
commenced.
If the person or persons whose duty it shall be to preserve or protect
any wall or walls from injury shall neglect or fail so to do after having
908
APPENDIX V.
had a notice of twenty-four hours from the commissioner of buildings,
then the commissioner of buildings may enter on the premises and
employ such labor and furnish such materials, and take such steps as,
in his judgment, may be necessary to make the same safe and secure,
or to prevent the same from becoming unsafe or dangerous at the
expense of the party or parties last herein referred to.
Any party doing the said work or any part thereof, under and by
direction of said commissioner, may bring and maintain an action against
the party or parties last herein referred to, to recover the value of the
work done and materials furnished on said premises, and may file and
enforce a notice of lien therefor in the same manner as if he or they had
been employed to do the work by the said party or parties.
When an excavation is made on any lot and it is intended to use part of
such excavation, on either the side or the rear of the lot, as an area, or
space for light and air, the person or persons causing such excavation to
be made shall build at his or their own cost and expense, a retaining wall
of sufficient strength and height to support the adjoining earth.
SECTION 5.
Foundations.
Every building except buildings erected upon wharves or piers on the
water front shall have foundations laid not less than four feet below the
surface of the earth, on the solid ground or level surface of rock, or upon
piles or ranging timbers.
Piles.
Piles intended for a wall, pier or post to rest upon, shall not be less
than five inches in diameter at the smallest end, and shall be spaced not
more than thirty inches from centers, or nearer if required by the com-
missioner of buildings, and they shall be driven to a solid bearing. No
pile shall be weighted with a load exceeding thirty thousand pounds. The
tops of all piles shall be cut off below the lowest water line. When
required, concrete shall be rammed down in the interspaces between the
heads of the piles to a depth and thickness of not less than twelve inches
and for one foot in width outside of the piles. When concrete is used on
top of piles it shall be composed of hydraulic cement, broken stone and
sand, mixed in proper proportions, not less than twelve inches thick and
twelve inches outside of the piles, and twelve inches below the top of the
piles. When ranging and capping timbers are laid on piles for founda-
tions, they shall be of hard wood, not less than six inches thick and prop-
erly joined together, and their tops laid below the water line, the heads
of the piles shall be cut to a straight line so that the capping timber shall
have a solid bearing on the head of each pile.
Crib footings.
When crib footings of iron or steel are used below the water level, the
same shall be entirely coated with coal tar, paraffine varnish, or other
suitable preparation, before being placed in position. When footings of
iron or steel for columns are placed below the water level, they shall be
similarly coated for preservation against rust.
APPENDIX V.
909
Foundation walls.
Foundation walls shall be construed to include all walls and piers built
below the curb level, or nearest tier of beams to the curb, to serve as
supports for walls, piers, columns, girders, posts or beams.
Foundation walls, shall be built of stone or brick. If built of stone
they shall be at least eight inches thicker than the wall next above them,
to a depth of twelve feet below the curb level, and for every additional
ten feet, or part thereof deeper, they shall be increased four inches in
thickness
If built of brick they shall be at least four inches thicker than the wall
next above them to a depth of twelve feet below the curb level, and for
every additional ten feet, or part thereof deeper, they shall be increased
four inches in thickness.
Base courses of foundation walls.
The footing or base course shall be of stone or concrete, or both, or of
concrete and stepped up brick-work, of sufficient thickness and area
to safely bear the weight to be imposed thereon. If the footing or base
course be of concrete, the concrete shall not be less than twelve inches
thick. If of stone, the stones shall not be less than two by three feet, and
at least eight inches in thickness for walls, and at least twelve inches
wider than the bottom width of said walls, and not less than ten
inches in thickness if under piers, columns or posts, and at least twelve
inches wider on all sides than the bottom width of said piers, columns or
posts. All base stones shall be well bedded, and laid crosswise, edge to
edge. If stepped-up footings of brick are used in place of stone above
the concrete, the steps, or offsets, if laid in single courses, shall not exceed
one and one-half inches, or if laid in double courses, then each shall not
exceed three inches, starting with the brick-work covering the entire
width of the concrete, so as to properly distribute the load to be imposed
théreon.
Inverted arches.
If, in place of a continuous foundation wall, isolated piers are to be
built to support the superstructure, where the nature of the ground and
the character of the building make it necessary, inverted arches shall be
turned between the piers, at least twelve inches thick and of the full
width of the piers, and resting upon a continuous bed of concrete of
sufficient area, and at least eighteen inches thick, or two footing courses
of large stone may be used, the bottom course laid crosswise, edge to
edge, and the top course laid lengthwise, end to end, or one course
of concrete and one of stone. The stone shall not be less than ten
inches thick in each course, and the concrete shall not be less than eigh-
teen inches thick, and the area of the lower course shall be equal to the
area of the base course that would be required under a continuous wall,
and the outside piers shall be secured to the second pier with suitable
iron rods and plates.
Headers in stone walls.
All stone walls twenty-four inches or less in thickness shall have at
least one header extending through the wall in every three feet in height
910
APPENDIX V.
from the bottom of the wall, and in every four feet in length, and if over
twenty-four inches in thickness shall have one header for every six super-
ficial feet on both sides of the wall, and running into the wall at least
two feet. All headers shall be at least eighteen inches in width and
eight inches in thickness and consist of good flat stone. No stone shall
be laid in such walls in any other position than on its natural bed.
SECTION 6.
Vaults under sidewalks.
In buildings, where the space under the sidewalks is utilized, a suffi-
cient stone or brick wall shall be built to retain the roadway of the
street, and the side, end or party-walls of such buildings shall extend
under the sidewalk, of sufficient thickness, to such walls. The roofs of
all vaults shall be of incombustible material. If formed of brick or con-
crete arches, such arches must have at least one inch rise for every foot
of span. Openings in the roofs of vaults for the admission of coal or
light shall be covered with lights of glass in iron frames, or with iron
covers having a rough surface, and rabbeted flush with the sidewalk;
these lights shall not be more than four inches square.
Areas.
When areas are covered, iron, or iron and glass combined, stone or other
incombustible materials shall be used, and sufficient strength in such cov-
ering shall be provided to insure safety to persons walking on the same,
and to carry the loads which may be placed thereon. Open areas shall
be properly protected with suitable railings. All areas more than eight
feet in depth below curb level must be covered.
0
SECTION 7.
Walls for dwelling-houses.
The party-walls of dwelling-houses not over twenty feet in width and
forty-five feet in depth and thirty-five feet in height, if built of brick,"
may be eight inches in thickness, but no eight-inch bearing wall shall be
built below curb level, and no front, side or rear wall shall be less than
twelve inches in thickness. All buildings shall have front, rear and side
walls.
The walls of all dwelling-houses whether called tenement-houses, apart-
ment-houses, flats, hotels, or other buildings, which are to be used for
residence purposes, twenty-six feet or less in width between bearing
walls, and also the walls of school-houses, which are hereafter erected,
or which may be altered to be used as herein specified, over thirty-five
feet in height, and not over fifty feet in height, shall not be less than
twelve inches thick above the foundation wall. No wall shall be built
having a twelve-inch thick portion measuring vertically more than fifty
feet, except non-bearing partition walls, sufficiently supported by cross
walls, in which case the twelve-inch thick portion may be built sixty feet
above curb level.
If over fifty feet in height, and not over sixty feet in height, the walls
shall not be less than twelve inches thick above the level of the second
tier of beams, and not less than sixteen inches thick in the first story.
APPENDIX V.
911
If over sixty feet in height, and not over seventy-five feet in height, the
walls shall not be less than sixteen inches thick to the height of twenty-
five feet, or to the nearest tier of beams to that height, and from thence
not less than twelve inches thick to the top.
If over seventy-five feet in height, and not over eighty-five feet in
height, the walls shall not be less than twenty inches thick to the height
of twenty feet, or to the nearest tier of beams to that height, thence not
less than sixteen inches thick to the height of sixty feet, or to the near-
est tier of beams to that height, and from thence not less than twelve
inches thick to the top.
If over eighty-five feet in height, and not over one hundred feet in
height, the walls shall not be less than twenty-four inches thick to the
height of thirty-five feet, or to the nearest tier of beams to that height,
thence not less than twenty inches thick to the height of seventy-five
feet, or to the nearest tier of beams to that height, and from thence not
less than sixteen inches thick to the top.
If over one hundred feet in height, and not over one hundred and
fifteen feet in height, the walls shall not be less than twenty-eight inches
thick to the height of twenty-five feet, or to the nearest tier of beams to
that height, thence not less than twenty-four inches thick to the height
of fifty feet, or to the nearest tier of beams to that height, thence not less
than twenty inches thick to the height of ninety feet, or to the nearest
tier of beams to that height, and from thence not less than sixteen inches
thick to the top.
If over one hundred and fifteen feet in height, each additional twenty-
five feet in height or part thereof, next above the curb, shall be increased
four inches in thickness, the upper one hundred and fifteen feet of wall
remaining the same as specified for a wall of that height.
All dwelling-houses erected under this section exceeding twenty-six feet
in width must have brick partition walls.
All non-bearing walls of buildings hereinbefore in this section specified
may be four inches less in thickness; provided, however, that none are
less than twelve inches thick, except as hereinafter specified.
Partition walls.
Eight-inch brick partition walls may be built to support the beams in
such buildings in which the distance between the bearing walls is not
over thirty-three feet, provided that no clear span is over twenty-six feet;
but no such partition wall shall be built having an eight-inch thick por-
tion measuring vertically more than fifty feet.
This clause shall not be construed to prevent the use of iron or steel
girders, or iron or steel girders and columns, or piers of masonry, for the
support of the walls and ceilings over any room which has a clear span of
more than twenty-six feet between walls, in such buildings as are not
fire-proof, nor to prevent the use of iron or steel girders and columns
Instead of brick partition walls, in fire-proof buildings, for residences,
constructed pursuant to the provisions of section fifteen.
If the clear span is to be over twenty-six feet, then the bearing walls
shall be increased four inches in thickness for every twelve and one-half
Teet, or part thereof, than said span is over twenty-six feet or shall have
1912
APPENDIX V.
instead of the increased thickness such piers or buttresses as in the
judgment of the commissioner of buildings may be necessary.
SECTION 8.
Walls for warehouses.
The walls of all warehouses, stores, factories and stables twenty-five
feet or less in width between walls or bearings, shall not be less than
twelve inches thick, to the height of forty feet.
If over forty feet in height, and not over sixty feet in height, the walls
shall not be less than sixteen inches thick to the height of forty feet, or
to the nearest tier of beams to that height, and from thence not less than
twelve inches thick to the top.
If over sixty feet in height, and not over seventy-five feet in height,
such walls shall not be less than twenty inches thick to the height of
twenty-five feet or to the nearest tier of beams to that height, and from
thence not less than sixteen inches thick to the top.
If over seventy-five feet in height, and not over eighty-five feet in
height, such walls shall not be less than twenty-four inches thick to the
height of twenty feet, or to the nearest tier of beams to that height;
thence not less than twenty inches thick to the height of sixty feet, or
to the nearest tier of beams to that height, and thence not less than
sixteen inches thick to the top.
If over eighty-five feet in height, and not over one hundred feet in
height, such walls shall not be less than twenty-eight inches thick to the
height of twenty-five feet, or to the nearest tier of beams to that height;
thence not less than twenty-four inches thick to the height of fifty feet,
or to the nearest tier of beams to that height; thence not less than
twenty inches thick to the height of seventy-five feet, or to the nearest
tier of beams to that height, and thence not less than sixteen inches thick
to the top.
If over one hundred feet in height, each additional twenty-five feet in
height, or part thereof, next above the curb, shall be increased four •
inches in thickness, the upper one hundred feet of wall remaining the
same as specified for a wall of that height.
If there is to be a clear span of over twenty-five feet between such
walls, the bearing walls shall be four inches more in thickness than is in
this section specified for every twelve and one-half feet, or fraction
thereof, that said walls are more than twenty-five feet apart, or shall
have, instead of the increased thickness, such piers or buttresses as in
the judgment of the commissioner of buildings may be necessary. All
buildings, not excepting dwellings, that are over one hundred and five
feet in depth, without a cross wall or proper piers or buttresses, shall
have the side or bearing walls increased in thickness four inches more
than is specified in the respective sections of this title for the thickness
of walls for every one hundred and five feet, or part thereof, that said
buildings are over one hundred and five feet in depth.
In all stores, warehouses and factories over twenty-five feet in width,
between walls in which there shall be brick partition walls, or girders
supported on iron or wooden columns or piers of masonry, the partition
walls or girders shall be so placed that the space between any two
APPENDIX V.
913
partition walls or girders shall not exceed twenty-five feet, and the iron
or wooden columns or piers of masonry and girders shall be made of
sufficient strength and size to bear safely the weight and any lateral
strain to be imposed upon them. In case iron or wooden girders, sup-
pcrted by iron or wooden columns or piers of masonry, are substituted in
place of brick partition walls, the building may be seventy-five feet wide
and two hundred and ten feet deep, and when the building is located on
a corner it may be one hundred feet wide and one hundred and five feet
deep, but not wider or deeper except in case of fire-proof buildings, which
may be constructed as hereinafter provided.
In case the walls of any buildings are less than twenty-five feet apart,
and less than forty feet in depth, or there are cross walls which intersect
the walls, not more than forty feet distant, or between the same, or
piers or buttresses built into the walls, the interior walls may be reduced
iu thickness in just proportion to the number of cross walls, piers or but-
tresses, and their nearness to each other; provided, however, that this
clause shall not apply to walls below sixty feet in height, and that no
such wall shall be less than twelve inches thick at the top, and gradually
increased in thickness by set-off to the bottom. The commissioner of
buildings is hereby authorized and empowered to decide (except where
herein otherwise provided), according to the peculiar circumstances of
each case, without endangering the strength and safety of the building,
how much the walls herein mentioned may be permitted to be reduced
in thickness.
SECTION 9.
Walls for public buildings.
The walls of churches, theatres, foundries, machine-shops, car or stage-
houses, armories, public markets not over two stories in height, and
other buildings of a public character, shall not be less than is in this
title specified for warehouses, with such piers or buttresses as in the
judgment of the commissioner of buildings may be necessary to make
a safe and substantial building.
One-story brick buildings.
One-story structures not exceeding a height of fifteen feet may be built
with eight-inch walls when the bearing walls are not more than nine-
teen feet apart and the length of the eight-inch bearing wall does not
exceed fifty-five feet.
Curtain walls for skeleton structure.
Curtain walls of brick, built in between iron or steel columns, and sup-
ported wholly or in part on iron or steel girders, shall not be less than
twelve inches thick for fifty feet of the uppermost height thereof, or to
the nearest tier of beams to that measurement in any building so con-
structed, and every lower section of fifty feet, or to the nearest tier of
beams to such vertical measurement, or part thereof, shall have a thick-
ness of four inches more than is required for the section next above it
down to the tier of beams nearest to the curb level, and thence down-
wardly, the thickness of walls shall increase in the ratio hereinbefore
prescribed for foundation walls.
58
914
APPENDIX V.
SECTION 10.
Walls and piers.
In all walls the same amount of materials may be used in piers or
buttresses.
Curtain walls may be made four inches less in thickness than is speci-
fied, respectively, for walls of dwellings and building's other than dwell-
ings, but no curtain walls shall be less than twelve inches thick.
If any horizontal section through any part of any bearing wall in any
building shows more than twenty-five per centum area of flues and open-
ings, the said wall shall be increased four inches in thickness for every
ten per centum, or fraction thereof, of flue or opening area in excess of
twenty-five per centum.
Every pier built of brick containing less than nine superficial feet at
the base, supporting any beams, girders, arch or column on which a wall
rests, or lintel spanning an opening over ten feet, and supporting a wall,
shall, at intervals of not over thirty-six inches apart in height, have built
into it a bond stone not less than four inches thick, or a cast-iron plate
of sufficient strength and the full size of the piers. All piers shall be
built of stone or good, hard, well-burnt brick, laid in cement mortar.
For piers fronting on the street the bond stones may conform with the
kind of stone used for the trimmings of the front. Isolated brick piers
shall not exceed in height eight times their least dimensions. Cap stones
of cut granite or bluestone, at least twelve inches thick by the full size
of the pier, shall be set under all columns and girders.
Stone walls, piers, etc.
Stone posts for the support of posts or columns above shall not be used
in the interior of any building. Where walls or piers are built of coursed
stones with dressed level beds and vertical joints, the commissioner of
buildings shall have the right to allow such walls or piers to be built of
a less thickness than specified for brick-work, but in no case shall said
walls or piers be less than three-quarters of the thickness provided for
brick-work.
Faced brick bearing walls.
All bearing walls faced with brick laid in running bond shall be four
inches thicker than the walls are required to be under any section of
this title. In all brick walls, every sixth course shall be a heading course,
except where walls are faced with brick in running bond, in which latter
case every sixth course shall be bonded into the backing by cutting the
course of the face brick, and putting in diagonal headers behind the
same, or by splitting the face brick in half and backing the same with
a continuous row of headers.
Ashlar.
All stone used for the facing of any building and known as ashlar, shall
not be less than four inches thick. Stone ashlar shall be anchored to
the backing and the backing shall be of such thickness as to make the
walls independent of the ashlar, conform as to the thickness with the
requirements of this title relating to thickness of walls. Iron ashlar
APPENDIX V.
915
plates used in imitation of stone ashlar on the face of the wall shall be
backed up with the same thickness of brick-work as stone ashlar.
Existing party-walls.
Walls heretofore built for or used as party-walls, whose thickness at
the time of their erection was in accordance with the requirements of the
then existing laws, but which are not in accordance with the require-
ments of this title, may be used, if in good condition, for the ordinary
uses of party-walls, provided the height of the same be not increased.
In case it is desired to increase the height of existing party or inde-
pendent walls, which walls are less in thickness than required under
this title, the same shall be done by a lining of brick-work to form
a combined thickness with the old walls of not less than four inches
more than the thickness required for a new wall corresponding with the
total height of the wall when so increased in height. The said lining
shall be supported on proper foundations and carried up to such heights
as the commissioner of buildings may require. No lining shall be less
than eight inches in thickness, and all linings shall be laid up in cement
mortar and thoroughly anchored to the old brick walls with suitable
wrought-iron anchors placed two feet apart and properly fastened or
driven into the old walls in rows alternating vertically and horizontally
with each other, the old walls being first cleaned of plaster or other coat-
ings where any lining is to be built against the same.
In no case shall any wall or walls of any buildings be carried up more
than two stories in advance of any other wall, except by permission of
the commissioner of buildings.
Walls bonded or anchored together.
The front, rear, side and party-walls shall be properly bonded together
or anchored to each other every four feet in their height by wrought-
iron tie anchors not less than one and one-half inches by three-eighths
of an inch in size. The anchors shall be built into the side or party-wall
not less than sixteen inches, and into the front and rear walls, so as to
secure the front and rear walls to the side or party-walls when not built
and bonded together. - All piers shall be anchored to beams on the level
of each tier.
The walls and beams of every building, during the erection or altera-
tion thereof, shall be strongly braced from the beams of every story, and
when required shall also be braced from the outside until the building is
inclosed. The roof tier of wooden beams shall be safely anchored with
plank or joists to the beams of the story below until the building is
inclosed.
SECTION 11.
Mortar.
The walls of all buildings below the curb level, or the first tier of
Noor beams nearest thereto, shall be laid in cement mortar. The back-
ing up of all stone ashlar shall also be laid in cement mortar, but this
shall not prevent the pargeting of the back of the stone ashlar with lime
mortar. All other walls that are built of brick or stone shall be laid in
me mortar or cement mortar, or lime and cement mortar mixed.
916
APPENDIX V. -
-
Hollow walls.
In all walls that are built hollow the same quantity of stone or brick
shall be used in their construction as if they were built solid, as in this
title provided; and no hollow walls shall be built unless the parts of the
same are connected by proper ties of brick, stone or iron, placed not over
twenty-four inches apart. The inside four inches of all walls may be
built of hard-burnt hollow clay or porous terra-cotta blocks, of the dimen-
sions of ordinary bricks, properly tied and bonded, as is hereinbefore
provided with respect to brick walls.
Parapet walls.
All exterior and division or party-walls over fifteen feet high, excepting
where such walls are to be finished with cornices, gutters or crown
mouldings, shall have parapet walls carried one foot above the roof, and
shall be coped or covered with stone, well burnt terra-cotta, cast-iron or
other metal.
Recesses for stairs and elevators.
Recesses for stairs and elevators may be left in the foundation or cellar
walls of all buildings, but in no case shall the walls be of less thickness
than the walls of the third story, unless reinforced by additional piers
with iron girders, or iron columns and girders, securely anchored to the
walls on each side. No chase for water or other pipes shall be made in
any pier and in no wall more than one-half of its thickness, and the
chase around said pipe or pipes shall be filled up with solid masonry for
the space of one foot at the top and bottom of each story. Recesses for
alcoves and similar purposes shall not be deeper than eight inches, and in
no case shall there be less than eight inches of brick-work at the back of
such recesses, provided that such recesses shall not be more than eight
feet in width, and shall be arched over and not carried up higher than
eighteen inches below the bottom of the beams of the floor next above.
The aggregate area of recesses in any wall shall not exceed one-fourth of
the whole area of the face of the wall on any story, nor shall any such
recess be made within a distance of six feet from any other one in the
same wall.
Furred walls.
In all furred walls the course of brick above the under side, and below
the top of each tier of floor beams, shall project the thickness of the
furring to more effectually prevent the spread of fire.
Brick-work.
The walls and piers of all buildings shall be properly bonded and sol-
idly put together with close joints filled with mortar. They shall be built
to a line, and be carried up plumb and straight. The walls of each story
shall be built up the full thickness to the top of the beams above. All
brick laid in non-freezing weather shall be well wet immediately before
being laid. Walls or piers, or parts of walls and piers, if frozen, shall not
be built upon.
APPENDIX V.
917
Brick and sand.
The sand used for mortar in all buildings shall be clean, sharp sand,
and shall not be finer than the standard samples kept in the office of the
commissioner of buildings. The brick used in all buildings shall be good,
bard, well-burnt brick.
Mortar and concrete.
Cement mortar shall be made of sand and cement in the proportion of
not more than three parts of sand to one part of cement, and shall be
used immediately after being mixed. Lime mortar shall be made of not
more than four parts of sand to one part of lime, and shall not be used
before being thoroughly slacked. Cement and lime mortar shall be made
of one part of lime and one part of cement, and three parts of sand.
Concrete for foundation shall be made of one part of cement, two parts
of sand and five parts of small, clean, broken stone, all carefully mixed,
or one-half of the five parts may be clean gravel and the other half small
broken stone.
Light and vent shafts.
In every building more than three stories in height hereafter erected,
all the walls or partitions forming interior light or vent shafts, shall be
built of brick, or such other fire-proof materials as may be approved by
the commissioner of buildings.
Cellar ceilings.
The ceiling over every cellar or lowest floor in dwelling-houses more
than four stories in height, when the beams are of wood, shall be lathed
with wire or metal lath and plastered thereon with two coats of brown
inortar of good materials.
When wood wainscoting is used in any building hereafter erected, the
surface of the wall or partition behind such wainscoting and on all furred
walls or stud partitions, shall be plastered down to the floor line.
SECTION 12.
Arches and lintels.
Openings for doors and windows in all buildings, except as otherwise
provided, shall have good and sufficient arches of stone, brick or terra-
cotta, well built and keyed with good and sufficient abutments,
or lintels of stone as follows: For an opening not more than four feet in
width, the lintel shall not be less than eight inches in height; for an
opening not more than six feet in width, the lintel shall not be less than
twelve inches in height; for an opening exceeding in width six feet and
not more than eight feet in width, the lintel shall be the full thickness
of the wall to be supported, and not less than fifteen inches in height.
Every stone lintel over such openings, six feet or less in width, in all
Walls, shall not be less than four inches thick, and shall have a bearing at
each end of not less than five inches in the walls. On the inside of all
openings in which the stone lintel shall be less than the thickness of the
Wall to be supported, there shall be a good timber lintel on the inside of
918
APPENDIX V:
the stone lintel which shall rest at each end not more than three inches
on any wall, and shall be chamfered at each end and shall have a double
row-lock or bonded arch turned over the timber lintel, or the inside lintel
may be of cast-iron, and, in such case, stone blocks or cast-iron plates
shall not be required at the ends where the lintel rests on the walls, pro-
vided the openings are not more than six feet in width.
SECTION 13.
Measurement of height of walls.
The height of all the walls shall be measured from the curb level at the
center of the building to the top of the highest point of the roof beams
in the case of flat roofs, and for high pitched roofs, the average of the
height of the gable shall be taken as the highest point of the wall. In
case the wall is carried on iron girders, or iron girders and columns or
piers of masonry, the measurement as to height may be taken from the
top of such girder. When the walls of a structure do not join the street,
then the average level for the ground adjoining the walls may be taken
instead of the curb level for the height of such structure. The width of
buildings for the purpose of this title may be determined by the way the
beams are placed. The lengthwise of the beams may be considered and
taken to be the widthwise of the building, and the bearing walls are
those walls on which the beams or trusses rest.
Hollow tile partition walls.
Eight-inch brick and six-inch and four-inch hollow tile partition walls
of hard-burnt clay or porous terra-cotta may be built not exceeding in
their vertical portions a measurement of fifty, thirty-six and twenty feet,
respectively, and in their horizontal measurement a length not exceed-
ing seventy-five feet, unless strengthened by proper cross-walls, piers or
buttresses. All such walls are to be carried on proper foundations or
on iron girders, or iron girders and columns, or piers of masonry.
Cellar partitions.
One line of fore and aft partitions in the cellar, supporting partitions
above in all buildings exceeding twenty feet in width, hereafter erected,
shall be constructed of brick not less than eight inches thick; or piers of
brick with openings arched over below the under side of the first tier
of beams; or girders of iron or steel and iron or steel columns; or piers of
masonry may be used; or if iron or steel floor beams spanning the dis-
tance between bearing walls are used of adequate strength to support
the stud partitions above, in addition to the floor load, to be sustained by
the said iron or steel beams, then the fore and aft brick partition or its
equivalent may be omitted.
Main stud partitions.
Fore and aft stud partitions, and such other main stud partitions as
may be required by the commissioner of buildings, which may be placed
in the cellar or lowest story of any building, shall have good, solid stone
or brick foundation walls under the same, which shall be built up to the
APPENDIX V.
919
top of the floor beams or sleepers and the sills of said partitions shall be
of locust, or other suitable hard wood, but if the walls are built five
inches higher of brick than the top of the floor beams or sleepers, any
wooden sill may be used on which the studs shall be set. Fore and aft
stud partitions that rest directly over each other shall run between the
wooden floor beams and rest on the plate of the partition below, and
shall have the studding filled in solid between the uprights to the depth
of the floor beams with suitable incombustible materials. All girders
supporting the first tier of wooden beams in buildings shall be supported
by brick piers or iron, locust or other suitable hard wood posts of suffi-
cient strength on proper foundations.
SECTION 14.
Strength of floors.
In every building used as a dwelling-house, tenement-house, apartment-
house or hotel, each floor shall be of sufficient strength in all its parts to
bear safely upon every superficial foot of its surface seventy pounds. If
to be used for office purposes, not less than one hundred pounds upon
every superficial foot. If to be used as a place of public assembly, includ-
ing school-houses, one hundred and twenty pounds; and if to be used
as a store, factory, warehouse, or for any other manufacturing or com-
mercial purpose, one hundred and fifty pounds and upwards upon every
superficial foot. Every floor shall be of sufficient strength to bear safely
the weight to be imposed thereon in addition to the weight of the mate-
rials of which the floor is composed. The roofs of all buildings shall be
proportioned to bear safely fifty pounds upon every superficial foot of
their surface, in addition to the weight of materials composing the same.
Vertical supports.
Every column, post or other vertical support shall be of sufficient
strength to bear safely the weight of the portion of each and every floor
depending upon it for support in addition to the weight required, as
before stated, to be supported safely upon said portions of said floor. .
Computations for strength of materials.
The dimensions of each piece, or combination of materials required,
shall be ascertained by computation, according to the rules given in Has-
well's Mechanics and Engineers’ Pocketbook, except as may be other-
wise provided for in this title.
Strength for columns.
The strength of all columns and posts shall be computed according to
Gordon's formula, and the crushing weights in pounds to the square
inch of section, for the following named materials, shall be taken as the
coefficient in the said formula, namely: Cast-iron, eighty thousand
pounds; rolled steel, forty-eight thousand pounds; wrought-iron or rolled
iron, forty thousand pounds; American oak, six thousand pounds; pitch
or Georgia pine, five thousand pounds; white pine and spruce, thirty-five
hundred pounds.
920
APPENDIX V.
Strength for wooden beams.
The breaking strength of wooden beams and girders shall be computed
according to the formula, in which the constants for transverse strains
for central loads shall be as follows, namely: Hemlock, four hundred
pounds; white pine, four hundred and fifty pounds; pitch or Georgia
pine, five hundred and fifty pounds; American oak, five hundred and fifty
pounds; spruce, four hundred and fifty pounds. For wooden beams and
girders carrying a uniformly distributed load the constants will be
doubled.
Factors of safety.
The factors of safety shall be as one to four for all beams, girders and
other pieces subject to a transverse strain; as one to four for all posts,
columns and other vertical supports when of wrought-iron or rolled
steel; as one to five for other materials subject to a compressive strain;
as one to six for tie-rods, tie-beams and other pieces subject to tensile
strain.
Safe load on earth.
Good, solid natural earth shall be deemed to safely sustain a load of
four tons to the superficial foot, or as otherwise determined by the com-
missioner of buildings. The width of footing courses shall be at least
sufficient to meet this requirement.
Weights of materials.
In computing the weight of walls a cubic foot of brick-work shall be
deemed to weigh one hundred and fifteen pounds; sandstone, white
marble, granite and other kinds of building stone shall be deemed to
weigh one hundred and sixty pounds per cubic foot.
Safe load on brick-work.
The safe bearing load to apply in good brick-work shall be taken at
eight tons per superficial foot when good lime mortar is used; eleven and
one-half tons per superficial foot when good lime and cement mortar
mixed is used; fifteen tons per superficial foot when good cement mortar
is used.
Strength of temporary supports.
Every temporary support placed under any structure, wall, girder or
beam during the erection, finishing, alteration or repairing of any build-
ing or structure, or any part thereof, shall be of sufficient strength to
safely carry the load to be placed thereon.
Loads on floors.
In all warehouses, storehouses, factories, workshops and stores where
heavy materials are kept or stored, or machinery introduced, the weight
that each floor will safely sustain upon each superficial foot thereof shall,
within ninety days after the passage of this act, be estimated by the
owner or occupant, or by a competent person employed by the owner or
occupant. Such estimate shall be reduced to writing, stating the mate-
APPENDIX V.
921
rials, size, . distance apart and span of beams and girders, posts or
columns to support floors, and its correctness shall be sworn to by the
person making the same, and it shall thereupon be filed in the office of
the department of buildings.
But if the commissioner of buildings shall have cause to doubt the cor-
rectness of said estimate, he is empowered to revise and correct the same,
and for the purpose of such revision the officers and employes of the said
department of buildings may enter any building and remove so much of
any floor, or other portion thereof, as may be required to make necessary
measurements and examinations.
When the correct estimate of the weight that the floors in any such
building will safely sustain, has been ascertained, as herein provided, the
commissioner of buildings shall approve the same, and thereupon the
owner or occupant of said building, or of any portion thereof, shall post
a copy of such approved estimate in a conspicuous place on each story of
the building to which it relates. Before any building hereafter erected is
occupied and used, in whole or in part, for any of the purposes aforesaid,
and before any building erected prior to the passage of this act, but not
at such time occupied for any of the aforesaid purposes, is occupied or
used, in whole or in part, for any of said purposes, the weight that each
floor will safely sustain upon each superficial foot thereof shall be ascer-
tained and posted as hereinbefore required.
The weights placed on any floor in any building shall be safely dis-
tributed thereon. The commissioner of buildings may require the
owner or occupant of any building, or portion thereof, to redistribute the
load on any floor, or to lighten such load as he may direct where he may
deem the same to be necessary for the protection of life and property.
No person shall place, or cause or permit to be placed on any floor of any
building any greater load than the safe load thereof, as estimated and
ascertained as herein provided.
Any expense necessarily incurred in removing any floor, or other por-
tion of any building for the purpose of making any examination herein
provided for, shall be paid by the comptroller of the city of Brooklyn,
upon the requisition of the commissioner of buildings, out of any fund
paid over to him, under the provisions of this title, and if there be no
such fund, then out of the revenue fund. Such expenses shall be a charge
against the person or persons by whom, or on whose behalf, said estimate
was filed in the office of the department of buildings, and shall be col-
lected in an action to be brought in the name of the city of Brooklyn,
against said person or persons, and the sum so collected shall be paid
over to said comptroller to be deposited in reimbursement of the amount
paid as aforesaid.
SECTION 15.
Fire-proof buildings.
Every building hereafter erected or altered to be used in whole or in
part as a hotel, theatre, hospital, asylum, institution for the care or treat-
nient of persons, the height of which exceeds thirty-five feet, and every
other building the height of which exceeds eighty-five feet, shall be built
fre-proof, except buildings, the plans and specifications for which have
heretofore and within thirty days immediately prior to the passage of
922
APPENDIX V.
this act been approved by the commissioner of buildings. They shall be
constructed with walls of brick, stone, iron or other hard incombustible
materials, in which wooden beams or lintels shall not be placed and in
which the floors and roofs shall be of materials similar to the walls. The
stairs and staircase landings shall be built entirely of brick, stone, iron
or other hard incombustible materials. No woodwork or other inflam-
mable material shall be used in any of the partitions, furrings, or ceil-
ings in any such fire-proof buildings, excepting, however, that the doors
and windows and their frames, the trims, the casings, the interior finish,
When filled solid at the back with fire-proof materials, and the floor
boards and sleepers directly thereunder may be of wood.
But nothing in this section contained shall be so construed as to apply
to or prevent the erection of what are known as grain elevators, as usu-
ally constructed, provided they are erected on tide-water, or adjacent to
the river front in said city, in isolated localities under such conditions
as the said commissioner of buildings may prescribe, including location.
Iron or steel construction in fire-proof buildings.
In all fire-proof buildings the following rules shall be observed: All
cast-iron, wrought-iron, or rolled-steel columns shall be made true and
smooth at both ends, and shall rest on iron or steel bed plates, and have
iron or steel cap plates, which shall also be made true. All iron or steel
trimmer beams, headers and tail beams, shall be suitably framed and
connected together, and the iron girders, columns, beams, trusses and all
other iron work of all floors and roof shall be strapped, bolted, anchored
and connected together, and to the walls, in a strong and substantial
manner. Where beams are framed into headers, the angle irons which
are bolted to the tail beams shall have at least two bolts for all beams
over seven inches in depth, and three bolts for all beams twelve inches
and over in depth, and these bolts shall not be less than three-quarters
of an inch in diameter. Each one of such angles or knees, when bolted
to girders, shall have the same number of bolts as stated for the other
leg. The angle-iron in no case shall be less in thickness than the header
or trimmer to which it is bolted, and the width of the angle in no case
shall be less than one-third of the depth of beam, excepting that no angle-
knee shall be less than two and one-half inches wide, nor required to be
more than six inches wide. All wrought-iron or rolled-steel beams eight
inches deep and under, shall have bearings equal to their depth, if resting
on a wall; nine to twelve-inch beams shall have a bearing of ten inches,
and all beams more than twelve inches in depth shall have bearings of not
less than twelve inches, if resting on a wall. Where beams rest on iron
supports and are properly tied to the same, no greater bearings shall be
required than one-third of the depth of the beams. Iron or steel floor
beams shall be so arranged as to spacing and length of beams that the
load to be supported by them, together with the weights of the mate-
rials used in the construction of said floors, shall not cause a deflection
of the said beams of more than one-thirtieth of an inch per linear foot of
span; and they shall be tied together at intervals of not more than eight
times the depth of the beams. Under the ends of all iron and steel
beams where they rest on the walls, stone or iron templates shall be built
into the walls. Said templates shall be eight inches wide in twelve inch
APPENDIX V.
923
walls, and in all walls of greater thickness said templates shall be twelve
iuches wide, and such templates, if of stone, shall not be in any case less
than five inches in thickness, and no template shall be less than twelve
inches long.
Fire-proof arches in floors.
All brick or stone arches placed between iron or steel floor beams shall
be at least four inches thick, and have a rise of at least one inch to each
foot of span between the beams. Arches of over five feet span shall be
properly increased in thickness, as required by the commissioner of build-
ings. Or the space between the beams may be filled in with sectional
hollow brick of hard-burnt clay, porous terra-cotta or some equally good
fire-proof material, having a depth of not less than one and one-quarter
inches to each foot of span, a variable distance being allowed of not over
six inches in the span between the beams. The said brick arches shall
be laid on the centers, with close joints, and the bricks shall be well wet
and the joints filled with cement mortar, in proportions of not more than
two of sand to one of cement, by measure. The arches shall be well
grouted and properly keyed.
The bottom fianges of all wrought-iron or rolled-steel floor beams, and
all exposed portions of such beams below the abutments of the floor
arches, shall be entirely incased with hard-burnt clay or porous terra-
cotta, or with wire or metal lath properly secured, and plastered on the
under side.
Iron construction,
All iron or steel liņtels shall have bearings proportionate to the weight
to be imposed thereon, but no lintel used to span any opening more than
ten feet in width shall have a bearing less than twelve inches at each
end, if resting on a wall, but if resting on an iron post such lintel shall
have a bearing of at least six inches at each end by the thickness of the .
wall to be supported.
Party, and intermediate posts.
If the posts are to be party posts in front of a party-wall, and are to be
used for two buildings, then the said posts shall not be less in width
than the thickness of the party-wall, nor less in depth than the thickness
of the wall to be supported. Intermediate posts may be used which shall
be sufficiently strong, and the lintels thereon shall have sufficient bear-
ings to carry the weight above with safety, as in this title provided.
Plates under ends of lintels.
When the lintels or girders are supported at the end by brick walls or
piers, they shall rest upon cut granite or blue-stone blocks at least twelve
inches thick, or upon cast-iron plates of equal strength by the full size of
the bearing. In case the opening is less than twelve feet, the stone
blocks may be six inches in thickness, or cast-iron plates of equal
strength by the full size of the bearings may be used. This requirement
shall not apply to cast-iron lintels used at the back of the stone lintels
Over openings not exceeding six feet in width. In all cases where the
924
APPENDIX V.
girder carries the wall and rests on brick piers or walls, the bearings
shall be sufficient to support the weight above with safety.
Iron girders, lintels and beams.
No cast-iron lintel or beam shall be less than three-quarters of an inch
in thickness in any of its parts. Iron beams or girders used to span
openings more than sixteen feet in width, upon which walls rest or upon
which floor beams are carried, shall be of wrought-iron or rolled steel,
and of sufficient strength. All lintels or girders placed over any openings
in the front, rear or side of a building or returned over a corner opening,
where supported by brick or stone piers or iron columns, shall be of iron
or steel and of the full breadth of the wall supported.
Double columns.
In all buildings hereafter erected or altered, where any iron or steel
column or columns are used to support a wall, or part thereof, whether
the same be an exterior or an interior wall, excepting a wall fronting on
a street and columns located below the level of the sidewalk, which are
used to support exterior walls or arches over vaults, the said column or
columns shall be either constructed double, that is, an outer and inner
column, the inner column alone to be of sufficient strength to sustain
safely the weight to be imposed thereon, or such other iron or steel
column of sufficient strength, and so constructed as to secure resistance
tu fire, may be used as may be approved by the commissioner of buildings.
Cast-iron posts or columns which are to be used for the support of
wooden or iron girders or brick walls, not cast with one open side or
back, before being set up in place, shall each have a three-eighths of an
inch hole drilled in the shaft of post or column by the manufacturer or
contractor furnishing the same, to exhibit the thickness of the castings,
and any other similar-sized hole or holes which the commissioner of
buildings or his duly authorized representative may require, shall be
drilled in the said posts or columns by the said manufacturer or con-
tractor at his own expense.
All iron posts or columns in front of party-walls shall be filled up solid
with masonry, and made perfectly tight between the posts and walls, to
prevent the passage of smoke or fire.
Iron posts or columns cast with one or more open sides and backs
shall have solid iron plates on top of each, to prevent the passage of
smoke or fire through them from one story to another, excepting where
pierced for the passage of pipes.
Thickness and length of iron and steel columns.
No cast-iron post or column shall be used in any building of a less
average thickness of shaft than three-quarters of an inch. Nor shall it
have an unsupported length of more than twenty times its least lateral
dimensions or diameter. No wrought-iron or rolled-steel column shall
have an unsupported length of more than thirty times its least lateral
dimensions or diameter. Nor shall its metal be less than one-fourth of
an inch in thickness.
APPENDIX V.
925
Bearings, and connections of columns.
All cast-iron, wrought-iron or rolled-steel columns shall have their bear-
ings faced smooth, and at right angles to the axis of the column. And
when one column rests on another column, they shall be securely bolted
together.
Columns and girders for curtain walls.
Where columns are used to support iron or steel girders carrying cur-
tain walls, the said columns shall be of cast-iron, wrought-iron or rolled
steel, and on their exposed outer and inner surface be constructed to
resist fire by having a casing of brick-work not less than four inches in
thickness or other fire-proof material and bonded into the brick-work of
the curtain wall, or the inside surface of the said column may be covered
with an outer shell of iron, having an air space between, and the exposed
sides of the iron and steel girders shall also be similarly covered in and
tied and bonded. When the thickness of the curtain walls is twelve
inches the girders for the support of the same shall be placed at the floor
line of each story, commencing at the line where the thickness of twelve
inches starts, and when the thickness of such walls is sixteen inches, the
girders shall be placed not further apart than every other story at the
floor line, commencing where the thickness of sixteen inches starts, pro-
vided that at the intermediate floor line a suitable tie of iron or steel shall
rigidly connect the columns together horizontally, and that the ends of
the floor beams do not rest on the said sixteen-inch walls. When the cur-
tain walls are twenty inches or more in thickness, and rest directly on
the foundation walls, the ends of the floor beams may be placed directly
thereon, but at or near the floor line of each story ties of iron or steel
encased in the brick-work shall rigidly connect the columns together
horizontally.
Iron fronts.
If galvanized iron is used as part of the front of any building, it shall
be thoroughly braced and anchored with iron and the wall or backing or
filling shall conform as to thickness to the requirements of this title for
backing up of ashlar and filling in of iron fronts. The iron arches, or the
usual light castings connecting the columns of an iron front of a build-
ing, shall be filled in from the soffits to the sills on each upper story with
brick-work not less than eight inches thick, or hollow burnt-clay blocks
not less than eight inches thick, and carried through the open back
columns to the same upper level, the brick-work or blocks to rest on the
plates within the columns.
1
Iron or steel beam, or plate girders.
Rolled iron or steel beam girders, or riveted iron or steel plate girders
used as lintels or as girders carrying a wall or floor, or both, shall be so
proportioned that the loads which may come upon them shall not produce
strains in tension or compression upon the flanges of more than twelve
thousand pounds for iron, nor more than fifteen thousand pounds for
steel per square inch of the gross section of each flange, nor a shearing
strain upon the web-plate of more than six thousand pounds per square
926
APPENDIX V.
inch of section of such web-plate, if of iron; nor more than seven thou-
sand pounds, if of steel, but no web shall be less than one-quarter of an
inch in thickness. Rivets in plate girders shall not be less than five-
eighths of an inch in diameter, and shall not be spaced more than six
inches apart, in any case. They shall be so spaced that their shearing
strain shall not exceed nine thousand pounds per square inch of section,
nor their bearing exceed fifteen thousand pounds per square inch on
their diameter multiplied by the thickness of the plates through which
they pass. The riveted plate-girders shall be proportioned upon the sup-
position that the bending or cord strains are resisted entirely by the
upper and lower flanges, and that the shearing strains are resisted
entirely by the web-plate. No part of the web shall be estimated
as flange area, nor more than one-half of that portion of the angle-
iron which lies against the web. The distance between the centers of
gravity of the flange area will be considered as the effective depth of the
girder.
Loads and strains.
Before any girder, as before mentioned, to be used in any building
shall be so used, the architect or the manufacturer of, or contractor for
it, shall, if required so to do by the commissioner of buildings, submit for
his examination and approval, a diagram showing the loads to be carried
by said girder and the strains produced by such load, and also showing
the dimensions of the materials of which said girder is to be constructed
to provide for the said strains.
The manufacturer or contractor shall cause to be marked upon said
girders, in a conspicuous place, the weight said girder will sustain, and
no greater weight than that marked on such girder shall be placed
thereon.
SECTION 16.
Beams, girders or lintels to be tested.
Before any iron or steel beam, lintel or girder, intended to span an
opening over ten feet in length in any building, shall be used for sup-
porting a wall, the manufacturer or founder thereof, or the owner of said
building shall have the said beam, lintel or girder inspected, and, if
required by the commissioner of buildings, shall have the same tested
by actual weight or pressure thereon, under the direction and supervision
of an inspector authorized by the commissioner of buildings. Said
manufacturer, founder or owner shall notify the commissioner of build-
ings in writing of the time when and the place where said inspection and
test may be made, and said inspector shall cause the weight which each
of said beams, lintels or girders will safely sustain, to be properly
stamped or marked in a conspicuous place thereon, and no greater
weight shall be put or placed upon any beam, lintel or girder than that
stamped or marked thereon by said inspector. The deflection of a cast-
iron beam, lintel or girder under an applied test of double the weight to
be carried shall not exceed one-fiftieth of an inch to the foot of span,
and said beam, lintel or girder shall return to its original shape after the
test. In case any iron or steel girder, beam, or lintel, or any iron or steel
APPENDIX V.
927
coluun shall be rejected by said inspector as unfit or insufficient to be
used for the purpose proposed, the same shall not be used for such pur-
pose, in or upon or about any building, or part thereof.
All iron work or steel work used in any building shall be of the best .
material and made in the best manner and properly painted with oxide
of iron and linseed oil paint, before being placed in position, or coated
with some other equally good preparation, or suitably treated for preser-
vation against rust.
It shall be the duty of all contractors and owners when constructing
buildings in any of the cities of the state, where the plans and speci-
fications require the floors to be arched, between the beams thereof, or
where the said floors or filling in between floors shall be of fire-proof
material or brick-work, to complete the said flooring or filling in as the
building progresses to not less than within three tiers of beams below
that on which the iron work is being erected.
It shall be the duty of all contractors for carpenter work of buildings,
in the course of construction, in any of the cities of the state, where the
plans and specifications do not require the filling in between the beams
of floor to be of brick or fire-proof work, to lay the under flooring thereof
as the building progresses on each story to not less than within two
stories below the one to which the said building has been erected.
Where double floors are not used, the contractors shall be required to
keep planked over the floor two stories below that one * (on) which the
work is being carried on.
It shall be the duty of all contractors for iron or steel work of build-
ings in the course of construction or the owners thereof, in cases where
the floor beams are of iron or steel, to thoroughly plank over the entire
tier of iron or steel beams on which the structural iron or steel work is
being erected, except such spaces as may be reasonably required for
proper construction of said iron or steel work and for the raising or low-
ering of materials used or to be used in the construction of the said
building or such spaces as may be designated by the plans and specifica-
tions for stairways and elevator shafts.
The chief officer, in any city, charged with the enforcement of the
building laws of such city, is hereby charged with enforcing the pro-
visions of this act.
Any violation of the provisions of this act shall be a misdemeanor and
on conviction shall be punishable by a fine, for each violation thereof, of
not less than twenty-five nor more than two hundred dollars.
SECTION 17.
Wooden beams.
All wooden beams and other timbers in the party-wall of every build-
ing built of stone, brick or iron, shall be separated from the beam or
timber entering in the opposite side of the wall by at least four inches
of solid mason work.
No wooden floor beams nor wooden roof beams used in any building
other than a frame building hereafter erected shall be of a less thickness
than three inches, except in dwelling-houses not exceeding fifteen feet
wide.
* So in the original.
928
APPENDIX V.
All wooden trimmer and header beams shall not be less than one inch
thicker than the floor or roof beams on the same tier, where the header
is four feet or less in length, nor in any case less than four inches in
thickness. Where the header is more than four feet and not more than
fifteen feet in length, the trimmer and header beams shall be at least
double the thickness of the floor or roof beams or shall be made of two
beams forming such thickness, properly spiked or bolted together.
When the header is more than fifteen feet in length, wrought-iron flitch
plates of proper thickness and depth shall be placed between two
wooden beams, suitably bolted together to and through the iron plates
in constructing the trimmer and header beams, or wrought-iron or
rolled-steel beams of sufficient length may be used. Every wooden beam,
except header and tail beams, shall rest at one end four inches in the
wall, or upon a girder as authorized by this title.
Every wooden header or trimmer more than six feet long used in any
building shall be hung in stirrup irons of suitable thickness for the size
of the timber.
No timber shall be used in any wall of any building where stone, brick
or iron is commonly used, except lintels as herein provided, and brace
blocks.
The ends of all wooden floor and roof beams, where they rest on brick
walls, shall be cut to a bevel of three inches on their depth.
All wooden beams shall be trimmed away from all flues, whether the
same be a smoke, air or any other flue, the trimmer-beam to be eight
inches from the inside face of the flue in a straight way, and four inches
from the outside of a chimney breast, and the header two inches from
the outside face of the flue.
Trimmer arches.
All fireplaces shall have trimmer arches to support hearths, and the
said arches shall be at least sixteen inches in width, measured from the
face of the chimney breast, and shall be constructed of brick, stone or
burnt clay. The length of trimmer arch shall be in no case less than the
width of the breast.
Anchoring beams, girders, and piers.
Each tier of beams shall be anchored to the side, front, rear or party-
walls at intervals of not more than six feet apart, with good, strong,
wrought-iron anchors of not less than one and one-half inches by three-
eighths of an inch in size, well-fastened to the sides of the beams by two
or more nails made of wrought-iron at least one-fourth of an inch in
diameter, or such other kind of anchor the commissioner may approve.
Where the beams are supported by girders the girders shall be anchored
to the walls and fastened to each other by suitable iron straps. The
ends of beams resting upon girders shall be butted together, end to end,
and strapped by wrought-iron straps of the same size and distance apart,
and in the same beam as the wall anchors, and shall be fastened in same
manner as said wall anchors, or they may lap each other at least twelve
inches and be well spiked or bolted together where lapped. Every pier
and wall, front or rear, shall be well anchored to the beams of each
story with the same size anchors as are required for side walls, which
APPENDIX V.
929
anchors shall hook over at least the second beam. Each tier of beams,
front or rear, opposite each pier, shall have hard wood or Georgia pine
anchor strips dove-tailed into the beams diagonally, which strips shall
cover at least four beams and be one inch thick and four inches wide,
but no such anchor strip shall be let in within four feet of the center line
of the beam, or wooden strips shall be nailed on the top of the beams
and kept in place until the floors are being laid,
All timbers and wooden beams used in any building shall be of good,
sound material, free from rot, large and loose knots, shakes or any
imperfection whereby the strength may be impaired, and be of such size
and dimensions as the purpose for which the building is intended may
require.
SECTION 18.
Fireplaces, chimneys and smoke flues.
All fireplaces and chimneys in stone or brick walls in any building
hereafter erected, except as herein otherwise provided, and any chimney
or flues hereafter altered or repaired, without reference to the purpose for
which they may be used, shall have the joints struck smooth on the
inside. No pargeting mortar shall be used on the inside of any chimney
or flue. The firebacks of all fireplaces hereafter erected shall be not
less than eight inches in thickness of solid masonry. The stone or brick-
work of all chimney shafts of furnaces, boilers, bakers' ovens, cooking
ranges, laundry stoves and heating furnaces, and all flues used for a similar
purpose shall be at least eight inches in thickness. If there is a cast-iron
or burnt-clay pipe built inside of the same with one-inch air space all
around it, then the stone or brick-work inclosing such pipes shall not be
less than four inches in thickness. All smoke flues of smelting furnaces,
or of steam boiler or other apparatus which heat the flues to a high tem-
perature, shall be built with double walls with an air space between
them, the inside four inches to be of fire-bricks or fire-clay slabs, or
blocks laid in fire mortar to the height of twenty-five feet from the bot-
tom. All smoke flues shall extend at least three feet above the roof, and
on all buildings other than private dwelling-houses, three stories or less in
height shall be coped with well-burnt terra-cotta, stone or cast-iron.
All stone or brick hot-air flues and shafts shall be lined with tin, gal-
vanized iron or burnt-clay pipes.
No wood casing, furring or lath shall be placed against or cover any
smoke flue or metal pipe used to convey hot air or steam.
Stove pipes.
No smoke pipe shall pass through any floor or any roof of any build-
ing. No stovepipe in any building with wooden or combustible floors,
ceilings or partitions, shall enter any flue unless the said pipe sball be at
least twelve inches from either the said floors, ceilings or partitions,
unless the same is properly protected by a metal shield, in which case the
distance shall not be less than six inches. In all cases where stovepipes
pass through stud or wooden partitions or furred walls of any kind, they
shall be guarded by either a double collar of metal, with at least three
Inches of air space and holes for ventilation, or by a soapstone or burnt-
Clay ring not less than three inches in thickness and extending through
59
930
APPENDIX V.
the partitions. Where laundry stoves, hot water, steam, hot air or other
furnaces are used in any building, the smokepipe leading therefrom must
be kept not less than eighteen inches from the floor beams or ceiling,
unless the same is properly protected by a metal shield, when the dis-
tance shall not be less than nine inches. In all cases where such pipe
passes through a wood or stud partition it shall be protected by a thim-
ble with eight inches of brick-work around it, or a double collar of metal
with at least six inches air space and holes for ventilation. Tin or other
metal flues, or pipes used or intended to be used to convey heated air,
shall be inclosed with brick or stone at least four inches in thickness, or
other hard, incombustible materials. Horizontal pipes and hot-air pipes
in stud partitions shall be built in the following manner: The pipes shall
be double, that is, two pipes, one inside the other, at least one-half inch
apart, and there shall be a space of three inches between the pipes and
stud on each side; the inside faces of the said stud shall be well lined
with tin plate and the outside faces covered with iron, lath or slate. No
hot-air pipes shall be allowed in any stud partition unless said partition
shall be at least eight feet distant in a horizontal direction from the
furnace. Horizontal hot-air pipes shall be kept six inches below the floor
beams or ceiling; if the floor beams or ceiling are plastered and protected
In cases where hot-air pipes pass through a wood or stud partition, they
shall be guarded by either a double collar of metal, with two inches air
space and holes for ventilation, or they shall be surrounded by brick-
work at least four inches in thickness. All flues in every building shall
be properly cleaned, and all rubbish removed and the flues left smooth on
the inside upon the completion of all buildings.
Chimneys.
No chimney shall be started or built upon any floor or beam of wood.
In no case shall a chimney be corbeled out more than eight inches from
the wall, and in all such cases the corbeling shall consist of at least five
courses of brick, but no corbeling shall be allowed in eight-inch walls.
Where chimneys are supported by piers, the piers shall start from the
foundation on the same line with the chimney breast, and shall be not
less than twelve inches on the face properly bonded into the wall. No
chimney shall be cut off below, in whole or in part and supported by
wood, but shall be wholly supported by stone, brick or iron. All chim-
and made safe or taken down.
the highest point of any roof within a radius of fifty feet of such cupola,
and be covered on top with a heavy wire netting.
SECTION 19.
Steam pipes.
No steam pipe shall be placed within two inches of any timber or wood
work unless the timber or woodwork is protected by a metal sbield, then
the distance shall not be less than one inch. All steam pipes passing
through floors and ceilings, or lath and plastered partitions shall be pro-
APPENDIX V.
931
tected by a metal tube one inch larger in diameter than the pipe, and the
space shall be filled with mineral wool, asbestos or other incombustible
materials. All wooden boxes or casings inclosing steam pipes and all
covers to recesses shall be lined with iron or tin plate.
Furnaces and registers.
All brick hot-air furnaces shall have two covers, with an air space of at
least four inches between them; the inner cover of the hot-air chamber
shall be either a brick arch or two courses of brick laid on galvanized iron
or tin supported by iron bars; the outside cover, which is the top of the
furnace, shall be made of brick or metal supported by iron bars, and so
constructed as to be perfectly tight, and shall not be less than four
inches below the ceiling or floor beam. The walls of all furnaces shall
be built hollow in the following manner: One inner and one outer wall,
each four inches in thickness, properly bonded together with an air space
of not less than three inches between them. Furnaces must be built at
least four inches from all woodwork. All cold air boxes shall be made of
metal, brick or other incombustible materials for a distance of at least
three feet from furnace. All portable hot-air furnaces shall be kept at
least two feet from any wooden or combustible partition or ceiling,
unless the partition and ceilings are properly protected by a metal shield,
when the distance shall not be less than one foot. Wooden floors under
any portable furnace shall be protected by a suitable stone, or a course
of brick well laid in mortar. Said stone or brick shall extend at least
two feet beyond the furnace in front of the ash-pan. Registers located
over a brick furnace shall be supported by a brick shaft built up from the
cover of the hot-air chamber, said shaft shall have a metal pipe inside of
it. All registers for hot-air furnaces placed in any woodwork or com-
bustible floors shall have stone borders firmly set in plaster of Paris or
gauged mortar. All such register boxes shall be made of, tin plate with
a flange on the top to fit the groove in the stone, the register to rest upon
the same; there shall be an open space of two inches on all sides of the
register box, extending from the under side of the stone border to and
through the ceiling below. The said opening shall be fitted with tight
tin casing, the upper end of which shall be turned under the stone.
When a register box is placed on the floor over a portable furnace, the
open space on all sides of the register box shall not be less than three
inches. When only one register is connected with the furnace said
register shall have no valve.
Where a kitchen range is placed near a wooden stud partition the studs
sball be cut away and framed two feet higher and one foot wider than
the range, and filled in to a line with said stud partition with brick or
fire-proof blocks, and plastered thereon.
Gas, water, or other pipes.
No gas, water, or other pipes which may be introduced into any build-
ing shall be let into the beams unless the same be placed within thirty-
six inches from a wall or supporting partition; in no case shall the said
pipes be let into the beams more than two inches in depth.
932
APPENDIX V.
Electric wires.
Every electric wire for furnishing light, heat or power, led into any
building from the outside thereof, shall be arranged with suitable appli-
ances, to cut off the current on the outside of the building. All wires
placed inside of the building, whether in connection with aerial or under-
ground wires and carrying electric currents, shall be properly insulated.
All gas brackets shall be placed, at least, three feet below any ceiling or
woodwork, unless the same is properly protected by a shield; in which
case the distance shall not be less than eighteen inches.
Notice to be given before putting in heating apparatus.
In cases where hot water, steam, hot air or other heating appliances or
changed or enlarged, due notice shall first be given to the commissioner
of buildings by the person or persons placing the said furnace or furnaces
in said building, or by the contractor or superintendent of said work.
SECTION 20.
Fire-proof doors and shutters.
Every building which is more than three stories in height, above the
curb level, occupied for manufacturing or mercantile purposes, shall have
doors, blinds or shutters, made of iron hung to iron hanging frames, or
to iron eyes built into the wall on every window and every opening above
the first story thereof, excepting on the front openings of buildings front-
ing on streets which are more than thirty feet in width, or where no
other buildings are within thirty feet of such openings. Or the said
doors, blinds or shutters may be constructed of pine or other soft wood of
two thicknesses of matched boards at right angles with each other, and
securely covered with tin, on both sides and edges, with folding lapped
joints, the nails for fastening the same being driven inside the lap; the
hinges and bolts or latches shall be secured or fastened to the door or
shutters after the same has been covered with the tin, and such door
or shutters shall be hung upon an iron frame independent of the wood
work of the windows and doors, or two iron hinges, securely fastened
in the masonry; or such frames, if of wood, shall be corered with tin in
the same manner as the doors and shutters.
All occupants of the buildings shall close the said shutters, doors and
blinds at the close of the business of each day.
All shutters opening on fire-escapes, and at least one row vertically,
in every three rows of the front window openings above the first
story of any building shall be so arranged that they can be readily
opened from the outside by firemen. All rolling-iron or steel shutters
hereafter placed in the first story of any building shall be counter-
firemen.
All windows and openings above the first story of any building may be
exempted from having shutters, upon the written consent of the com-
missioner of buildings.
APPENDIX V.
933
Where openings in interior brick walls are fitted with fire-proof doors
or shutters to prevent the spread of fire between buildings, or parts of
any buildings, the said doors or shutters shall be closed at the close of
the business of each day by the occupants or occupant of the building
having use or control of the same.
SECTION 21.
Elevators and hoistways.
In any building in which there shall be any hoistway, or freight ele-
vator, or well-hole not enclosed in walls constructed of brick or other
fire-proof material, and provided with fire-proof doors, the openings
thereof through and upon each floor of said buildings shall be provided
with and protected by a substantial guard or gate, and with such good
and sufficient trapdoors with which to close the same, as may be directed
and approved by the commissioner of buildings. The said commissioner
shall have exclusive power and authority within said city to require the
openings of hoistways or hoistway shafts, elevators and well-holes in
buildings, to be inclosed or secured by trapdoors, guards or gates and
railings. Such guards or gates shall be kept closed at all times, except
when in actual use, and the trapdoors shall be closed at the close of the
business of each day by the occupant or occupants of the building having
the use or control of the same.
In all buildings hereafter erected the roof immediately over the hoist-
way, elevator or well-hole shall be covered with a skylight of suitable
size.
All elevators hereafter placed in any building, except such fire-proof
buildings as have been or may be erected in accordance with this title,
shall be inclosed in suitable walls of brick, or with suitable framework
of iron and burnt-clay filling, or of such other fire-proof filling, mate-
rials and form of construction as may be approved by the commissioner
of buildings. Said walls or construction shall extend through, and at
least three feet above the roof, and all openings in the same shall be pro-
vided with fire-proof doors.
Elevators may be put in the well-hole of stairs in buildings without
such brick or fire-proof inclosures, where the stairs are inclosed in brick
or stone wall, and the stairs are constructed as specified hereafter. Ele-
vators may also be placed in any stair, well or open court of any building
erected prior to the passage of this act, under a permit therefor from
the commissioner of buildings, but the framework and inclosures of any
such elevator shall be constructed of fire-proof materials.
The foregoing requirements as to brick or fire-proof shafts shall
include all dumb waiters, except such as do not extend through more than
three stories in dwelling-houses.
The roofs over all inclosed elevators shall be made of fire-proof mate-
rials, with a skylight at least three-fourths the area of the shaft, made
of glass, set in iron frames.
Immediately under the machinery at the top of every elevator shaft
hereafter placed in any building in said city there shall be provided and
placed a substantial grating or screen of iron, of such construction as
shall be approved by the commissioner of buildings.
934
APPENDIX V.
Inspection and running of elevators.
The commissioner of buildings shall make regulations for the inspec-
tion of passenger elevators, with a view to the safety of passengers, and
shall also prescribe suitable qualifications for persons who are placed
in charge of running passenger elevators. The regulations so made
shall require any repairs found necessary upon inspection to be made
without delay. In case defects are found to exist, which would endanger
life by the continued use of such elevator, then upon notice from the
commissioner of buildings, the use of such elevator shall cease, and it
shall not again be used until a certificate shall be first obtained from the
commissioner that such elevator has been put in safe order and is fit
for use. No person shall employ or permit any person to be in charge of
running any passenger elevator who does not possess the qualifications
prescribed therefor. All such elevators shall be inspected at least one
every three months. Every freight elevator or lift shall have a notice
posted conspicuously thereon as follows: Persons riding on this elevator
do so at their own risk. (See page 127.)
Hotel elevators.
Every elevator in any building erected to be occupied, or now occupied,
as a hotel, shall, within six months after the passage of this act, be
inclosed in suitable walls constructed and arranged as in this section
required for elevators hereafter placed in buildings, unless under the
provisions of this section, such elevators might have been placed in said
buildings without such inclosing walls.
SECTION 22.
Mansard roofs.
If a mansard or other roof of like character be placed on any building,
except a wooden building, or a dwelling-house not exceeding thirty-five
feet in height, it shall be constructed of iron rafters and lathed with iron
on the inside and plastered, or filled in with fire-proof material not less
than three inches thick, and covered with metal or tile.
Cornices.
All exterior cornices, inclusive of those on show windows and gutters of
all buildings, shall be of some fire-proof material and be well secured to
the walls with iron anchors, independent of any woodwork.
In all cases the walls shall be carried up to the planking of the roof.
Where the cornice projects above the roof the walls shall be carried up
to the top of the cornice. The party-walls shall in all cases extend up
above the planking of the cornice and be coped.
All exterior wooden cornices, on other than frame buildings, that may
now be or that may hereafter become unsafe or rotten, shall be taken
down, and if replaced shall be constructed of some fire-proof material.
Bulkheads and roof tanks.
Bulkheads used as inclosures for tanks and elevators and coverings for
the machinery of elevators, and all other bulkheads, hereafter erected or
APPENDIX V.
935
altered, may be constructed of hollow fire-proof blocks, or of wood cov-
ered with not less than two inches of fire-proof material, or filled in the
thickness of the studding with such materials, covered on all sides with
metal, including sides and edges of doors. Covers on top of water-tanks
placed on roofs may be of wood covered with tin. Staircase bulkheads of
dwelling houses shall be covered with tin on all sides.
Roof-tanks and other structures of a like character shall be supported
on iron beams, resting on bearing-walls, and not located directly over any
hall or stairway.
SECTION 23.
Roofing.
The planking and sheathing of the roof of every building erected or
built as aforesaid shall in no case be extended across the side, end or
party-wall thereof. Every such building and the tops and sides of every
dormer window thereon shall be covered and roofed with slate, tin, cop-
per or iron, or such other quality of fire-proof roofing as the commis-
sioner of buildings, under his certificate, may authorize, and the outside
of the frames of every dormer window hereafter placed upon any build-
ing as aforesaid shall be made of some fire-proof material.
Scuttles and bulkheads.
All buildings shall have scuttles or bulkheads, covered with some fire-
proof material, with ladders or stairs leading thereto and easily acces-
sible to all tenants. No scuttle shall be less in size than two by three
feet. All skylights having a superficial area of more than nine square
feet placed in any building shall have the sashes and frames thereof con-
structed of iron and glass. Every fire-proof roof hereafter placed on any
building shall have besides the usual scuttle or bulkhead a skylight or
skylights of a superficial area equal to not less than one-fiftieth the
superficial area of such fire-proof roof.
Leaders.
All buildings shall be kept provided with proper metallic leaders for
conducting water from the roofs in such manner as shall protect the
walls and foundations of such buildings from injury. In no case shall
the water from said leaders be allowed to flow upon the sidewalk, but the
same shall be conducted by pipe or pipes to the sewer. If there be no
sewer in the street upon which such buildings front, then the water from
said leader shall be conducted by proper pipe or pipes, below the surface
of the sidewalk to the street gutter.
SECTION 24.
The fire limits.
No frame or wooden building or structure shall hereafter be built,
except as in this section authorized in that portion of the City of Brook-
Iyn within the following boundary line: Beginning at a point on the
East river formed by the intersection of North Fourth street into the
boundary line of the City of Brooklyn on the East river; running thence
along the boundary line of the City of Brooklyn on the East river,
936
APPENDIX V.
Gowanus bay, Gowanus canal and New York bay to a point one hundred
feet south of Sixtieth street; thence easterly on a line drawn one hundred
feet south of and parallel with the southerly side of Sixtieth street to
Sixth avenue; thence northerly on a line drawn one hundred feet east of
and parallel to the easterly side of Sixth avenue to Forty-third street;
thence easterly on a line drawn one hundred feet south of and parallel to
the southerly side of Forty-third street to Seventh avenue; thence north-
erly and on a line drawn one hundred feet east of and parallel with the
easterly side of Seventh avenue to Forty-first street; thence westerly and
on a line drawn one hundred feet north of and parallel with the north-
erly side of Forty-first street to Sixth avenue; thence northerly and on
a line drawn one hundred feet east of and parallel with the easterly side
of Sixth avenue to the boundary line of Greenwood cemetery; thence east-
erly and following the boundary line of Greenwood cemetery along
Thirty-sixth and Thirty-seventh streets, Fort Hamilton avenue and
Gravesend avenue, to the boundary line of the Twenty-second ward;
thence along the said boundary line of the Twenty-second ward to the
boundaries of Prospect park; thence following the boundaries of the said
Prospect park along Fifteenth street, Ocean parkway, Ocean avenue and
Flatbush avenue to Washington place; thence northeasterly along the center
line of Washington place to Washington avenue; thence southerly along
the center line of Washington avenue to Malbone street; thence easterly
on a line drawn one hundred feet south of and parallel to the southerly
side of Malbone street to Franklin avenue; thence northerly and on a line
drawn one hundred feet east of and parallel to the easterly side of Frank-
lin avenue to Crown street; thence easterly on a line drawn one hundred
feet south of and parallel to the southerly side of Crown street to its
junction with Albany avenue; thence northeasterly on a line drawn one
hundred feet east of and parallel to the easterly side of Albany avenue to
Fulton street; thence easterly on a line drawn one hundred feet south of
and parallel to the southerly side of Fulton street to Stone avenue;
thence northerly on a line drawn one hundred feet east of and parallel
to the easterly side of Stone avenue to Broadway; thence northwesterly
on a line drawn through the center of Broadway to Flushing avenue;
thence northerly on a line drawn through the center of Flushing avenue
to Bushwick avenue; thence easterly on a line drawn through the center
of Bushwick avenue to Ten Eyck street to Union avenue; thence north-
erly on a line drawn through the center of Union avenue to North Second
street; thence westerly on a line drawn through the center of North
Second street to a point at the intersection of North Second street, Roeb-
ling street and North Fourth street; thence northwesterly on a line
drawn through the center of North Fourth street to the point or place of
beginning.
Temporary one-story frame buildings may be erected for the use of
builders within the limits of lots whereon buildings are in course of erec-
tion, or on adjoining vacant lots, upon permits issued by the commis-
sioner of buildings; such permits may be revoked at any time, and all
such buildings must be removed by the parties erecting the same when
and as ordered by the said commissioner.
Fences of wood shall not be erected over ten feet high. Signs of wood
shall not be erected over two feet high on any building. No signs of
1
APPENDIX V.
937
wood constructed upon upright or other supports shall be at any point
more than ten feet above the curb level.
Piazzas or balconies of wood which do not exceed eight feet in width,
and which do not extend more than three feet above the second story
floor beams, may be erected, but only upon a permit from the commis-
sioner of buildings. The roofs of all piazzas shall be covered with some
fire-proof material.
Sheds of wood, not over twelve feet high, open on at least one side, with
the sides and roof thereof covered with fire-proof material, and frame
structures not exceeding fifty square feet in area and eight feet in height,
may be built, but only upon a permit from the commissioner of buildings.
No fence shall be used as the back or side of any shed.
Any bay or oriel window that does not extend more than three feet
above the second story floor beams of any dwelling-house may be built
of wood.
No empty packing boxes nor other wooden cases or barrels shall be
piled or placed, or be allowed to accumulate in or upon any lot or build-
ing within the fire limits, except upon a permit, which may be granted
by the commissioner of the department of buildings upon such con-
ditions and under such regulations as he may deem proper. Said permit ·
may be revoked at any time.
Nothing in this section contained shall be construed so as to limit in
any way the authority now conferred by law upon the common council
of the City of Brooklyn to enlarge or extend the fire limits, so as to
include outlying sections of the city surrounding the area described.
SECTION 25.
Alteration of buildings.
It shall not be lawful for the owner or owners of any brick dwelling-
house with eight-inch walls, or of any wooden building already erected
that has a peaked roof, to raise the same for the purpose of making a flat
roof thereon, unless the same be raised with the same kind of material
as the building, and unless such new roof be covered with slate, tin or
other fire-proof material. Provided that such building when so raised
shall not exceed forty feet in height to the highest part thereof. All such
buildings must exceed twenty-five feet in height to the peak of the roof
before the said alteration and raising. If any such building shall have
been built before the street upon which it is located is graded, or if the
grade is altered, such building may be raised or lowered to meet the
requirements of such grade. No frame building more than two stories
in height, now used as a dwelling, shall hereafter be raised or altered to
be used as a factory, warehouse or stable. No brick or wooden building
shall be enlarged or built upon unless the exterior walls of said addition
or enlargement be constructed of fire-proof material; provided, however,
that such brick or wooden buildings may be raised, lowered or altered
under the same circumstances, and in the same manner, specially provided
for in this section.
No wooden building shall be moved from one lot to another until
a sworn petition, setting forth the purpose of said removal and the uses
to which said building is to be applied, is filed in the office of the com-
938
APPENDIX V.
missioner of buildings, and the written consent of the commissioner and
the next adjoining property owners is first obtained therefor.
No wooden buildings shall be removed from without to within the
limits prescribed herein for the erection of wooden buildings.
No frame dwelling-house hereafter erected shall be occupied by more
than two families on each floor, nor shall any frame building already
erected be altered to be occupied by more than two families on each floor.
SECTION 26.
Frame buildings.
Frame buildings of any kind that may hereafter be erected outside of
the fire limits of the city shall be built of foundations of stone not less
than eighteen inches in thickness, or of brick not less than twelve inches
in thickness to curb level or surface of ground; the commissioner may
make such rules and regulations regarding the thickness of timber, brick
filling-in of walls, temporary and permanent bracing and bridging as, in
his judgment, may be required. All party-walls to be filled in with brick
four inches thick and carried up above the roof line with three courses
and covered over on top with tin or other fire-resisting material. All
exterior walls to be sheathed up in a diagonal manner with boards not
less than one inch thick, the sheathing to be put on the frame as it may
be raised story after story. All chimneys or flues that may be used for
hot air or smoke shall be built of brick; the back and ends of such flue
or chimneys shall not be less than eight inches in thickness and the
joints struck on the inside. No frame building that may hereafter be
erected shall be built to a height exceeding forty feet and divided into
more than three stories to be used as a dwelling or tenement-house.
If used for manufacturing purposes not more than thirty feet in height
and divided into not more than two stories, excepting grain elevators
erected on wharves at the water front, as hereinafter provided.
Frame structures or buildings, not exceeding one story or twenty-five
feet in height to the eaves, may be erected on the docks and wharves
at the water front of the city. The commissioner may make such rules
and regulations as, in his judgment, may be necessary, to regulate the
height of the structures, the foundations, thickness of timber required,
and the manner of construction, but no such building, shed or structure
shall be built within fifty feet of any other building.
SECTION 27.
Frame buildings damaged...
Every wooden or frame building, within the fire limits, which hereafter
may be damaged to an amount not greater than one-half of the value
thereof, exclusive of the valuation of the foundation thereof, at the time of
such damage, may be repaired or rebuilt. If such damage shall amount
to more than one-half of the value thereof, exclusive of the value of the
foundation, then such building shall not be repaired or rebuilt, but shall
be taken down. The amount or extent of such damages by fire, in case
of disagreement in relation thereto between the commissioner and the
owners of such damaged building, shall be determined by two disinter-
APPENDIX V. :
939
ested. persons residing in the city, one of whom shall be appointed by
the owner or owners of such building, or his or their lawful agent, and
one by the commissioner of buildings; and in case these two persons
disagree, they shall select a third disinterested person, and the decision
in writing of any two of them shall be final and conclusive in the prem-
ises, and such building shall not be repaired or rebuilt until the appoint-
ment of such persons as aforesaid, nor until after their decisions shall
be made in writing as aforesaid, finding that such damages do not exceed
one-half of the value of such building as it existed before such fire. In
case it is rebuilt it shall have a fire-proof roof, and not exceed the
provisions of section twenty-five of this title.
SECTION 28.
Fire-escapes.
Every dwelling-house occupied by, or built to be occupied by three or
more families above the first story, and every building already erected,
or that may hereafter be erected, more than three stories in height, occu-
pied and used as a hotel or lodging-house, and every boarding-house
having more than fifteen sleeping-rooms above the basement story, and
every factory, mill, manufactory or workshop, hospital, asylum or insti-
tution for the care or treatment of individuals, and every building in
whole or in part occupied or used as a school or place of instruction or
assembly, and every office building five stories or more in height; shall
be provided with such good and sufficient fire-escapes, stairways, or other
means of egress in case of fire as shall be directed by the commissioner
of buildings. Said commissioner shall have full and exclusive power and
authority within said city to direct fire-escapes and other means of
egress, to be provided upon and within said buildings or any of them,
and to direct the same to be repaired, renewed or replaced where they
are or become out of repair, unsafe or inadequate. The owner or owners
of any building upon which a fire-escape is erected shall keep the same
in good repair and properly painted and free from obstructions..
No person shall at any time place any incumbrance of any kind what-
soever before or upon any fire-escape. It shall be the duty of every fire-
man and policeman who shall discover any fire-escape balcony, or ladder
of any fire-escape incumbered in any way, to forthwith report the same
to the commanding officer of his company or precinct, and the occupant
of the premises or apartment to which said fire-escape, balcony, or
ladder is attached, or for whose use the same is provided, shall be noti-
fied, either verbally or in writing, to remove such incumbrance and keep
the same clear. If said notice shall not be complied with by the removal
forthwith of such incumbrance, and keeping said fire-escape balcony or
ladder free from incumbrances, then it shall be the duty of said com-
manding officer to apply to the nearest police magistrate for a warrant
for the arrest of the occupant or occupants of the said premises or apart-
ments of which the fire-escape forms a part, and the said parties shall be
brought before the said magistrate, as for a misdemeanor; and, on con-
viction, the occupant or occupants of said premises or apartment shall be
Tined not more than twenty-five dollars for each offense, or may be
imprisoned not to exceed ten days, or both, in the discretion of the court.
In the construction of all balcony fire-escapes, the manufacturer thereof
940
APPENDIX V.
shall securely fasten thereto, in a conspicuous place, a cast-iron plate,
having suitable raised letters on the same, to read as follows: Notice.--
Any person placing incumbrance on this balcony is liable to a penalty of
twenty-five dollars and imprisonment for ten days.
Scuttles and bulkheads.
All buildings requiring fire-escapes shall have stationary iron ladders
leading to the scuttle opening in the roof thereof, and all scuttles and
ladders shall be kept so as to be ready for use at all times, and easily
accessible to all tenants. If a bulkhead is used in place of a scuttle it
shall have stairs; the door in the bulkhead or any scuttle shall, at no
time, be locked, but may be fastened on the inside by movable bolts or
hooks; and, if a bulkhead, shall have stairs, with hand-rail leading to
the roof.
Every dwelling-house ar:anged for or occupied by two or more families
above the first story, hereafter erected, shall be provided with an
entrance to the basement thereof from the outside of such building.
SECTION 29.
Public buildings.
In all buildings of a public character such as hotels, churches, theatres,
restaurants, railroad depots, public halls, and other buildings used, or
intended to be used, for purposes of public assembly, amusement or
instruction, the halls, doors, stairways, seats, passage-ways and aisles,
and all lighting and heating appliances and apparatus shall be arranged
as the commissioner of buildings shall direct, to facilitate egress in case
of fires or accident, and to afford the requisite and proper accommo-
dation for the public protection in such cases. All aisles and passage-
ways in said buildings shall be kept free from camp stools, chairs, sofas,
and other obstructions, and no person shall be allowed to stand in or
occupy any of said aisles or passage-ways during any performance, service,
exhibition, lecture, concert, ball or any public assemblage. The commis.
sioner of buildings may, at any time, serve a written or printed notice
upon the owner, lessee or manager of any of said buildings, directing
any act or thing to be done or provided in or about the said buildings
and the several appliances therewith connected, such as halls, doors, win-
dows, seats, aisles, fire-walls and fire-escapes, so as to afford such security
to the public in the uses to which they may be severally applied as he
may deem necessary.
Nothing herein contained shall be construed to authorize or require
any other alterations to existing theatres than are specified in this
section.
Upon report to the mayor of said city by the commissioner of buildings
that any order or requirement of this title in regard to theatres or
places of public ainusement has been violated or not complied with in
any such building, the said mayor may, in his discretion, revoke the
license of such theatre or place of public amusement and cause the same
to be closed.
APPENDIX V.
941
SECTION 30.
Theatres.
Every theatre or opera-house, or other building intended to be used for
theatrical or operatic purposes, or for public entertainments of any kind,
where stage scenery and apparatus are employed, hereafter erected, shall
be built to comply with the requirements of this section. No building
which, at the time of the passage of this act, is not in actual use for
theatrical or operatic purposes, and no buildings hereafter erected not in
conformity with the requirements of this section, shall be used for theat-
rical or operatic purposes, or for public entertainments of any kind where
stage scenery and apparatus are employed, until the same shall have been
made to conform to the requirements of this section.
And no building hereinbefore described shall be opened to the public
for theatrical or operatic purposes, or for public entertainments of any
kind where stage scenery or apparatus are employed, until the commis-
sioner of buildings shall have approved the same in writing as conform-
ing to the requirements of this section, and the mayor of the city of
Brooklyn shall refuse to issue any license for any such building, and such
building shall be closed and shall not be opened for such purposes until
a certificate in writing of such approval shall have been given by the
commissioner of buildings.
Every such building shall have, at least, one front on the street, and in
such front there shall be suitable means of entrance and exit for the
audience. In addition to the aforesaid entrances and exits on the street,
there shall be reserved for service in case of an emergency, an open court
or space on the side not bordering on the street, where said building is
located on a corner lot, and on both sides of said building where there
is but one frontage on the street. The width of such open courts or
court shall not be less than seven feet where the seating capacity is not
over one thousand people; above one thousand and not more than eigh-
teen hundred people, eight feet in width, and above eighteen hundred
people, ten feet in width. Said open court or courts shall begin on a line
with or near the proscenium wall, and shall extend the length of the
auditorium proper, to or near the wall separating the same from the
entrance lobby or vestibule. A separate and distinct corridor shall con-
tinue to the street, from each open court, through such superstructure as
may be built on the street side of the auditorium, with continuous walls
of brick or fire-proof materials on each side. The entire length of said
corridors or corridor, and the ceiling and floors shall be fire-proof. Said
corridor or corridors shall not be reduced in width to more than three
Teet less than the width of the open court or courts, and there shall be
no projection in the same; the outer opening to be provided with doors
or gates opening toward the street. During the performance the doors
or gates in the corridors shall be kept open by proper fastenings; at
other times they may be closed and fastened by movable bolts or locks.
The said open courts or corridors shall not be used for storage purposes,
for any purpose whatsoever except for exit and entrance from and to
we auditorium and stage, and must be kept free and clear during per-
ormances. The level of said corridors at the front entrance to the build-
ing shall not be greater than one step above the level of the sidewalk
here they begin at the street entrances. The entrance of the main front
for
Whe
942
APPENDIX V.
of the building shall not be on a higher level from the sidewalk than four
steps, unless approved by the commissioner of buildings. To overcome
any difference of level existing between exits from the parquet into
courts and the level of the said corridors, gradients shall be employed of
not over one foot in ten feet with no perpendicular rises. From the audi-
torium opening into the said open court or on the side street, there shall
be not less than two exits on each side, in each tier from and including
the parquet and each and every gallery. Each exit shall be, at least, five
feet in width in the clear, and provided with doors of iron or wood; if of
wood the doors shall be constructed as hereinbefore in this title described.
All of said doors shall open outwardly, and must be fastened with mov-
able bolts, the bolts to be kept drawn during performances. There shall
be balconies not less than four feet in width in the side open court or
courts at each level or tier above the parquet, on each side of the audi-
torium, of sufficient length to embrace the two exits, and from said bal-
conies there shall be staircases extending to the ground level with a rise
not over eight and one-half inches to a step, and not less than nine-inch
tread, exclusive of the nosing. The staircase from the upper balcony to
the next below shall not be less than thirty inches in width in the clear,
and from the first balcony to the ground three feet in width in the clear
where the seating capacity of the auditorium is for one thousand people
or less, three feet and six inches in the clear where above one thousand
and not more than eighteen hundred people, and four feet in the clear
where over eighteen hundred people and not more than twenty-five hun-
dred people, and not less than four feet, six inches in the clear where
above twenty-five hundred people. All the before mentioned balconies
and staircases shall be constructed of iron throughout, including the
floors, and of ample strength to sustain the load to be carried by them;
they shall be covered with metal hood or awning, to be constructed as
shall be directed by the commissioner of buildings. Where one side of
the building borders on a street there shall be balconies and staircases of
like capacity and kind, as before mentioned, extending to the ground.
When located on a corner lot, that portion of the premises bordering on
the side street and not required for the use of the theatre may be used
for offices, stores and apartments, provided the walls separating this por-
tion from the theatre proper are carried up solidly to and through the
roof, and that a fire-proof exit is provided for the theatre on each tier,
equal to the combined width of exits opening on opposite sides in each
tier, communicating with balconies and staircases leading to the street in
manner provided elsewhere in this section; said exit passages shall be
entirely cut off by brick walls from said offices, stores or apartments, and
the floors and ceilings in each tier shall be fire-proof. Nothing herein
contained shall prevent a roof garden, art gallery, or rooms for similar
purposes being placed above a theatre or public building, provided the
floors of the same forming the roof over such theatre or building shall
be constructed of iron or steel and fire-proof materials, and that said floor
shall have no covering boards or sleepers of wood, but be of tile or
cement. Every roof over said garden or rooms shall have all supports
and rafters of iron or steel, and be covered with glass or fire-proof mate-
rial, or both, but no such roof garden, art gallery or room for any public
15
APPENDIX V.
943
purpose shall be placed over or above that portion of any theatre or other
building which is used as a stage.
No workshop, storage or general property room shall be allowed above
the auditorium or stage, or under the same, or in any of the fly galleries.
All of said rooms or shops may be located in the rear or at the side of the
stage, but in such cases they shall be separated from the stage by a brick
wall, and the openings leading into said portions shall have fire-proof
doors on each side of the openings, hung to iron eyes built in the wall.
No portion of any building hereafter erected or altered, used or intended
to be used for theatrical or other purposes, as in this section specified,
shall be occupied or used as a hotel, boarding or lodging-house, factory,
workshop or manufactory, or for storage purposes, except as may be
hereinafter specially provided for. Said restriction relates not only to
that portion of the building which contains the auditorium and the stage,
but applies also to the entire structure in conjunction therewith. No
store or room contained in the building, or the offices, stores or apart-
ments adjoining as aforesaid, shall be let or used for carrying on any
business dealing in articles designated as specially hazardous in the classi-
fication of the New York board of fire underwriters, or for manufacturing
purposes. No lodging accommodation shall be allowed in any part of the
building communicating with the auditorium.
Interior walls built of fire-proof materials shall separate the auditorium
from the entrance vestibule, and from any room or rooms over the same;
also from any lobbies, corridors, refreshment or other rooms. All stair-
cases for the use of the audience shall be inclosed with walls of brick, or
fire-proof materials approved by the commissioner of buildings, in the
stories through which they pass, and the openings of said staircase from
each tier shall be the full width of said staircase.
A fire-wall, built of brick, shall separate the auditorium from the stage,
and the same shall extend at least four feet above the stage roof, or the
auditorium roof, if the latter be the higher, and shall be coped. Above
the proscenium opening there shall be an iron girder covered with fire-
proof material. There shall also be constructed a relieving arch over the
same, the intervening space being filled with hard burnt brick of the full
thickness of the proscenium wall. Should there be constructed an
orchestra over the stage above the proscenium opening, the said orchestra
shall be placed on the auditorium side of the proscenium fire-wall and
shall be entered only from the auditorium side of said wall.
1
Interior construction.
The moulded frame around the proscenium opening shall be formed
entirely of fire-proof material; if metal be used, the metal shall be filled
in solid with noncombustible material and securely anchored to the wall
with iron. The proscenium opening shall be provided with fire-proof
metal curtain, or a curtain of asbestos, or similar fire-proof material,
approved by the commissioner of buildings, sliding at each end within iron
grooves, securely fastened to the brick wall, and extending into such
grooves not less than six inches on each side. Said fire-proof curtain
shall be raised at the commencement of each performance, and lowered
at the close of said performance, and be operated by approved machinery
for that purpose. The proscenium curtains shall be placed at least three
944
APPENDIX V.
feet distant from the foot-lights at the nearest point. All doorways or
openings through the proscenium wall, from the auditorium, in every
tier, shall have doors of iron or wood on each face of the wall; if of wood
the doors shall be constructed as hereinbefore described, and the doors
hung so as to be opened from either side at all times. There shall be no
openings in the proscenium fire-wall above the level of the auditorium
ceilings. Direct access to these doors shall be provided on both sides,
and the same shall always be kept free from any incumbrance. Iron
ladders or stairs, securely fixed to the wall, on the stage side, shall be
provided to overcome any difference of level existing between the floor or
galleries on the stage side of the fire-wall and those on the side of the
auditorium. There shall be provided over the stage, metal skylights of
an area or combined area of at least one-eighth of the area of said stage,
fitted with sliding sash and glazed with double-thick sheet glass, not
exceeding one-eighth of an inch thick, each pane thereof measuring not
less than three hundred square inches, and the whole of which skylight
shall be so constructed as to open instantly on the cutting or burning of
the hemp cord, which shall be arranged to hold said skylight closed, or
some other equally simple approved device for opening them may be pro-
vided. All that portion of the stage not comprised in the working of
scenery, traps and other mechanical apparatus for the presentation of
a scene usually equal to the width of the proscenium openings, shall be
built of iron or steel beams, filled in between with fire-proof materials,
and all girders for the support of said beams shall be of wrought-iron or
rolled steel. The fly galleries entire, including pin-rails, shall be con-
structed of iron or steel, and the floors of said galleries shall be composed
of iron or steel beams filled with fire-proof material, and no wooden
boards or sleepers shall be used as covering over beams, but the said
floors shall be entirely fire-proof. The rigging loft shall be fire-proof
except the floor covering the same. All stage scenery, curtains and deco-
rations made of combustible material, and all wood-work on or about the
stage shall be saturated with some non-combustible material, or other-
wise rendered safe against fire, to the satisfaction of the commissioner
of buildings. The roof over the auditorium and the entire main floor
of the auditorium and vestibule, also the entire floor of the second story of
the front superstructure over the entrance lobby and corridors, and all
galleries in the auditorium shall be constructed of iron or steel and
fire-proof material, not excluding the use of wooden floor boards and
necessary sleepers to fashion* the same to, but such sleepers shall not
mean timbers of support. The fronts of each gallery 'shall be formed
of fire-proof material, except the capping, which may be of wood. The
ceiling under each gallery shall be entirely formed of fire-proof material.
The ceiling of the auditorium shall be formed of fire-proof material. All
lathing, whenerer used, shall be of metal. The partitions in that portion
of the building which contains the auditorium, the entrance vestibule,
and every room and passage devoted to the use of the audience, shall
be constructed of fire-proof material, including the furring of outside
or other walls. None of the walls or ceilings shall be covered with wood
sheathing, canvas or any combustible material; but this shall not exclude
* So in the original.
APPENDIX V.
945
the use of wood wainscoting to a height not to exceed six feet, which
shall be filled in solid between the wainscoting and the wall with fire-
proof material. The walls separating the actors' dressing-room from
the stage, and the partitions dividing the dressing-rooms, together with
the partitions of every passage-way from the same to the stage, and all
other partitions on or about the stage, shall be constructed of fire-proof
material approved by the commissioner; all doors in any of said parti-
tions shall be of iron, or of wood constructed as herein before described.
All the shelving and cupboards in each and every dressing-room, prop-
erty-room, or other storage-rooms, shall be constructed of metal, slate,
or some fire-proof material. Dressing-rooms may be placed in the fly
galleries, provided that proper exits are secured therefrom to the fire-
escapes in the open courts, and that the partitions and other matters
pertaining to dressing-rooms shall conform to the requirements herein
contained, but the stairs leading to the same shall be fire-proof.
Aisles and passages.
All seats in the auditorium, excepting those contained in boxes, shall
be firmly secured to the floor, and no seat in the auditorium shall have
more than six seats intervening between it and an aisle, on either side,
and no stool or seat shall be placed in any aisle. All platforms in gal-
leries formed to receive the seats shall not be more than twenty-one
inches in height of riser, nor less than thirty inches in width of platform.
All aisles on the respective floors in the auditorium having seats on both
sides of same, shall be not less than three feet wide where they begin, and
shall be increased in width toward the exits in the ratio of one and one-
half inches to five running feet. Aisles having seats on one side only
shall not be less than two feet wide at their beginning and increase in
width, the same as aisles having seats on both sides. The aggregate
capacity of the foyers, lobbies, corridors, passages and rooms for the use
of the audience, not including aisle space between seats, shall, on each
gallery floor, be sufficient to contain the entire number to be accommo-
dated on said floor gallery, in the ratio of one hundred and fifty super-
ficial feet of floor room for every one hundred persons. Gradients or
inclined planes shall be employed instead of steps, where possible, to
overcome slight difference of level in or between aisles, corridors and
passages. Every theatre accommodating three hundred persons shall
have at least two exits; when accommodating five hundred persons, at
least three exits shall be provided; these exits not referring to or includ-
ing the exits to the open courts at the side of the theatre. Doorways of
exit or entrance for the use of the public shall not be less than five feet
in width, and for every additional one hundred persons or portions
thereof to be accommodated, in excess of five hundred, an aggregate of
twenty inches additional exit width must be allowed. All doors of exit
or entrance shall open outwardly, and be hung to swing in such a man-
her as not to become an obstruction in a passage or corridor; and no
such doors shall be closed and locked during any representation, or when
the building is open to the public. Distinct and separate places of exit
and
ha entrance shall be provided for each gallery above the first. A com-
non place of exit and entrance may serve for the main floor of the audi-
rium and the first gallery, provided its capacity be equal to the aggre-
toทรา
60
946
APPENDIX V.
gate capacity of the outlets from the main floor and the said gallery. No
passage leading to any stairway communicating with any entrance or
exit shall be less than four feet in width in any part thereof.
Stairways in theatres.
All stairs within the building shall be constructed of fire-proof mate-
rial throughout. Stairways serving for the exit of fifty people must, if
straight,, be at least four feet wide between railings or between walls;
and if curved or winding, five feet wide, and for every additional fifty
people to be accommodated, six inches must be added to their width. In
no case shall the risers of any stairs exceed seven and a half inches in
height, nor shall the treads, exclusive of nosings, be less than ten and
one-half inches wide in straight stairs. In circular or winding stairs, the
width of the tread at the narrowest end shall not be less than seven
inches. Where the seating capacity is for more than one thousand
people, there shall be at least two independent staircases, with direct
exterior outlets, provided for each gallery in the auditorium where there
are not more than two galleries, and the same shall be located on opposite
sides of said galleries. Where there are more than two galleries one or
inore additional staircases shall be provided, the outlets from which shall
communicate directly with the principal exit or other exterior outlets.
All said staircases shall be of width proportioned to the seating capacity,
as elsewhere herein prescribed. Where the seating capacity is for one
thousand people or less, two direct lines of staircases only shall be
required, located on opposite sides of the galleries, and in both cases shall
extend from the sidewalk level to the upper gallery, with outlets from
each gallery to each of said staircases. At least two independent stair-
cases, with direct exterior outlets, shall also be provided for the service of
the stage, and shall be located on opposite sides of the same. All inside
staircases leading to the upper galleries or the auditorium shall be
inclosed on both sides with walls of fire-proof material. Stairs leading to
the first or lower gallery may be left open on one side, in which case they
shall be constructed as herein provided for similar stairs leading from the
entrance hall to the main floor of the auditorium; but in no case shall
stairs leading to any gallery be left open on both sides. When straight
stairs return directly on themselves, a landing of the full width of both
fights, without any steps, shall be provided. Stairs turning at an angle
shall have a proper landing without winders introduced at said turn. In
stairs, when two side flights connect with one main flight, no winders
shall be introduced, and the width of the main flight shall be at least
equal to the aggregate width of the side flight. Circular or winding
stairs shall have proper landings introduced at convenient distances. All
inclosed staircases shall have on both sides, strong hand-rails firmly
secured in the wall about three inches distant therefrom, and about three
feet above the stairs, but said hand-rails need not run on level platforms
and landings where the same is more in length than the width of the
stairs.
Boilers in theatres.
Every steam boiler which may be required for heating or other pur-
poses, shall be located outside of the building, and the space allotted to
APPENDIX V.
947
the same shall be inclosed by walls of masonry on all sides, and the ceil-
ing of such space shall be constructed of fire-proof materials. All door-
ways in said walls shall have iron doors.
Registers and radiators.
No floor register for heating shall be permitted. No coil or radiator
shall be placed in any aisle or passage-way used as an exit; but all said
coils and radiators shall be placed in recesses, formed in the wall or par-
tition to receive the same. All supply, return or exhaust pipes shall be
properly encased and protected where passing through floors or near
woodwork.
Stand-pipes, and fire apparatus.
Stand-pipes of two and one-half inches in diameter shall be provided
with hose attachments on every floor and gallery as follows, namely:
One on each side of the stage in each tier, also on each side of the audi-
torium, and at least one in the property-room and one in the carpenter's
shop, if the same be contiguous to the building. All such stand-pipes
shall be kept clear from obstruction. Said stand-pipes shall be separate
and distinct, receiving their supply of water direct from the steam-
pumps, and shall be fitted with the regulation couplings of the fire
department, and shall be kept constantly filled with water by means of .
automatic steam-pump or pumps, of sufficient capacity to supply all the
lines of hose when operated simultaneously; and said pump or pumps
shall be supplied from the street main, and be ready for immediate use
at all times during a performance in said building. A separate, and dis-
tinct system of automatic sprinklers, with fusible plugs, approved by the
commissioner of buildings, supplied with water from a tank located on.
the roof over the stage and not connected in any manner with the stand-
pipes, shall be placed up and around the proscenium opening and on the
ceiling or roof over the stage at such intervals as will protect every
square foot of stage surface when said sprinklers are in operation. Auto-
matic sprinklers shall also be placed wherever practicable, under the
stage and in the carpenter shop, paint-rooms, store-rooms and property-
rooms. A proper and sufficient quantity of two and one-half inch hose,
fitted with the regulation couplings of the fire department, and with noz-
zles attached thereto, and with hose wrench at each outlet shall always
be kept attached to each hose attachment. There shall also be kept in
readiness for immediate use on the stage, at least four casks full of
water, and two buckets to each cask. Said casks and buckets shall be
painted red. There shall also be provided hand pumps or other portable
fire extinguishing apparatus, and, at least, four axes, and two twenty-five
Ieet hooks, two fifteen feet hooks, and also two ten feet hooks on each
tier or floor of the stage.
Regulations relating to lights.
Every portion of the buildings devoted to the uses or accommodation
of the public, also all outlets leading to the street, and including the open
courts and corridors, shall be well and properly lighted during every per-
fcrmance, and the same shall be left lighted during each performance,
948
APPENDIX V. .
until the entire audience has left the premises. At least two or more
oil lamps on each side of the auditorium in each tier shall be provided on
fixed brackets, not less than seven feet above the floor. Said lamps shall
be filled with whale or lard oil, and shall be kept lighted during each
performance, or in place of said lamps, candles shall be provided. All
gas and electric lights in the halls, corridors, lobby or any other part of
said buildings used by the audience, except the auditorium, must be con-
trolled by a separate shut-off located in the lobby, and controlled only in
that particular place. Gas mains supplying the buildings shall have
independent connections for the auditorium and the stage, and provisions
shall be made for shutting off the gas from the outside of the building.
When interior gas-lights are not lighted, by electricity, or other suitable
appliances, to be approved by the commissioner of buildings, shall be pro-
vided. All suspended or bracket lights, surrounded by glass, in the
auditorium, or in any part of the building, devoted to the public, shall
be provided with proper wire netting underneath. No gas or electric
light shall be inserted in the wall, wood-work, ceilings, or in any part of
the building, unless protected by fire-proof materials. All lights in
passages and corridors, in said building, and wherever deemed necessary
by the commissioner of buildings shall be protected with proper wire net
work. The footlights, in addition to the wire net work, shall be pro-
tected with a strong wire guard, not less than two feet distant from said
footlights, and the trough containing said footlights shall be formed
of and surrounded by fire-proof material. All border lights shall be
constructed according to the best known methods, and subject to the
approval of the commissioner of the fire department, and shall be sus-
pended for ten feet by wire rope. All ducts or shafts used for conduct-
ing heated air from the main chandelier, or from any other light or
lights, shall be constructed of metal and made double with an air space
between. All stage lights shall have strong metal wire guards or screens
not less than ten inchies in diameter so constructed that any material in .
contact therewith shall be out of reach of the flames of said stage lights,
and must be soldered to the fixture in all cases.
The stand-pipes, gas-pipes, electric wires, hose, footlights and all
apparatus for the extinguishing of fire, or guarding against the same,
as in this section specified, shall be in charge and under control of the
department of buildings, and the commissioner of said department is
hereby directed to see that the arrangements in respect thereto are car-
ried out and enforced.
A diagram or plan of each tier, gallery or floor showing distinctly the
exits therefrom shall be printed in a legible manner on the programme
of the performance. Every exit shall have over the same on the inside -
the word "EXIT” painted in legible letters not less than eight inches
high.
It shall be lawful to use scenery made of sheet-iron, asbestos, or other
fire-proof material in any concert hall or music hall now erected and used
as such in the City of Brooklyn, in any case where the commissioner of
buildings of said city shall in his discretion approve of the same; pro-
vided, that such halls have, in the opinion of said commissioner of build-
ings, sufficient and proper outlets and exits therefrom.
APPENDIX V.
949
SECTION 31.
Rescue of persons from ruins of buildings.
In case of the falling of any building, or part of any building, in the
city of Brooklyn, where persons are known, or believed, to be buried
under the ruins thereof, it shall be the duty of the fire department to
cause an examination of the premises to be made for the recovery of the
bodies of the killed and injured. Whenever, in making such examina-
tion, it shall be necessary to remove from the premises any debris, it
shall be the duty of the department of city works, when called upon by
the department of buildings to co-operate, to provide a suitable and
convenient dumping place for the deposit of such debris.
Buildings in immediate danger of falling.
In case there shall be, in the opinion of the commissioner of buildings,
actual and immediate danger of the falling of any building, or part
thereof, so as to endanger life or property, said commissioner shall cause
the necessary work to be done to render said building, or any part
thereof, temporarily safe until the proper proceedings can be taken, as
in the case of an unsafe building, as provided for in this title.
For the aforesaid purposes the said fire department or the commis-
sioner of buildings, as the case may be, shall employ such laborers and
materials as may be necessary to perform said work as speedily as
possible, and the expense thereof, if there be no other fund applicable
thereto, shall, in the first instance, be paid from the revenue fund, and
may be recovered from the owner of such building in an action to be
brought in the name of the City of Brooklyn. Such work may be done
with or without notice to the owner, as in the judgment of the com-
missioner of buildings the necessity of the situation will permit.
SECTION 32.
Plans and statements.
Before the erection, construction or alteration of any building or part
of any building or any platform, staging or flooring to be used for stand-
ing or seating purposes, in the city of Brooklyn, is commenced, the
owner, or his agent or architect, shall submit to the commissioner of
buildings a detailed statement, in writing, of the specifications, and a full
and complete copy of the plans of such proposed work, which shall be
accompanied with a statement, in writing, giving the full name and
residence (street and number) of the owner or of each of the owners, of
said building, or proposed building, platform, staging or flooring. If
such erection, construction or alteration is proposed to be made by any
other person than the owner or owners of the land in fee, the person or
persons intending to make such erection or alteration shall accompany
said detailed statement of the specifications and copy of the plans, with
the name and residence (street and number) of the owner or owners
of the land, and also of every person interested in said building or pro-
posed building, platform, staging or flooring, either as owner, lessee, or
in any representative capacity. Such statement may be made by the
agent or architect of the person or persons hereinbefore required to make
he same. Such statement and copy of the plans shall be kept on file
950
APPENDIX V.
in the office of the commissioner of buildings, and the erection, con-
struction, or any part thereof, shall not be commenced or proceeded with
until said statements and plans have been so filed and approved by the
commissioner of buildings and a permit issued by him therefor.
Any permit so issued, but under which no building work is commenced
within one year from the time it was issued shall expire by limitation.
Nothing in this section shall be construed to prevent the commissioner
of buildings from granting his approval for the erection of any part of
the building, where plans and detailed statements have been presented
for the same, before the entire plans and detailed statements of said
buildings have been submitted.
Ordinary repairs.
Ordinary repairs may be made, without notice to the department of
buildings, but such repairs shall not be construed to include the cutting
away of any stone or brick wall, or any portion thereof, the removal or
cutting of any beams or supports, or the removal, change of, or closing
of any stairway.
SECTION 33.
Power of the commissioner of buildings.
The commissioner of buildings shall have the power (except as herein
otherwise provided) to pass upon any question relative to the mode,
manner of construction or materials to be used in the erection or altera-
tion of any building or other structure, provided for in this title, in any
part of the city of Brooklyn, to make the same conform to the true intent
and meaning of the several provisions of this title. He shall also have
power to vary or modify the provisions of this title, upon application to
him therefor, in writing, by the owner of such building or structure, or
his representative, where there are practical difficulties in the way of
carrying out the strict letter of this law, so that the spirit of the law
shall be observed, the public safety secured and substantial justice done;
but no such deviation shall be permitted unless a record of the same
shall be kept by the said commissioner of buildings, and a certificate be
first issued to the party applying for the same.
SECTION 34.
Violations and penalties.
The owner or owners of any building, or part thereof, upon which
anything prohibited by any provision of this title may be placed, done,
or shall exist, and any architect, builder, carpenter or mason who may
be employed or assist in the violation of any such provision, and any
and all persons who shall violate any of the provisions of this title or
fail to comply therewith, or any requirements thereof, or who shall vio-
late or fail to comply with any order or regulation made thereunder, or
who shall build in violation of any detailed statement of specifications
or plans submitted and approved thereunder, or of any certificate or
permit issued thereunder, shall severally, for each and every such viola-
tion, and non-compliance, respectively forfeit and pay a penalty in the
sum of fifty dollars. Except that any such person who shall violate
APPENDIX V.
.
951
any of the provisions of this title as to the construction of chimneys, fire-
places, flues, hot-air pipes and furnaces, or who shall violate any of the
provisions of this title with reference to the framing or trimming of
timbers, girders, beams or other wood-work in proximity to chimney
Alues or fireplaces, shall forfeit and pay a penalty in the sum of one hun-
dred dollars. But if any said violation shall be removed, or be in process
of removal, within ten days after the service of a notice, as hereinafter
prescribed, the liability of such penalty shall cease, and the commis-
sioner of buildings may, in his discretion, direct that any action pending
to recover the same be discontinued. Any and all of the aforementioned
persons who, having been served with a notice, as hereinafter prescribed,
to remove any violation or comply with any requirement of this title,
or with any order or regulation made thereunder, shall fail to comply
with said notice within ten days after such service, or shall continue to
violate any requirements of this title in the respect named in said notice
shall pay a penalty of two hundred and fifty dollars. For the recovery
of any said penalty or penalties an action may be brought in any of the
courts of justice of the peace, or in any court of record in said city in the
name of the city of Brooklyn, and whenever any judgment shall be ren-
dered therefor the same shall be collected and enforced, as prescribed
and directed by the Code of Civil Procedure of the State of New York,
and the moneys collected paid into the city treasury for the benefit of
the firemen's insurance fund.
SECTION 35.
Courts having jurisdiction.
All courts of civil jurisdiction in the city of Brooklyn shall have cog-
nizance of and jurisdiction over any and all suits and proceedings by this
title authorized to be brought for the recovery of any penalty, and the
enforcement of any of the several provisions of this title, and shall give
preference to such suits and proceedings over all others, and no court
shall lose jurisdiction of any action by reason of a plea that title to real
estate is involved, provided the object of the action is to recover a penalty
for the violation of any of the provisions of this title.
· The department of buildings is authorized to institute, in the name of
the city of Brooklyn, any and all actions and proceedings, either legal or
equitable, that may be appropriate or necessary for the enforcement of
the provisions of this title, and all civil courts in said city are hereby
inrested with full legal and equitable jurisdiction to hear, try and deter-
inine all such actions and proceedings, and to make appropriate orders
and render judgment therein according to law, so as to give force and
effect to the provisions of this title.
Legal remedies.
Whenever the commissioner of buildings is satisfied that any building
or structure, or any portion thereof, the erection, construction or alter-
ation of which is regulated, permitted or forbidden by this title, is being
erected, constructed or altered, or has been erected, constructed or
altered in violation of, or not in compliance with, any of the provisions or
requirements of this title, or in violation of any detailed statement of
952
APPENDIX V.
specifications or plans submitted and approved thereunder, or of any
certificate or permit issued thereunder, or that any provisions or require-
ments of this title, or any order or direction made thereunder has not
been complied with, said commissioner may, in his discretion, cause to be
instituted in the name of said city, any appropriate action or proceeding
at law or in equity to restrain, correct or remove such violation, or to
restrain or correct the erection or alteration of, or to require the removal
of, or to prevent the occupation or use of the building or structure erected,
constructed or altered in violation of, or not in compliance with any of
the provisions of this title, or with respect to which the requirements of
the title or of any order or direction made pursuant to any provisions
contained in this title shall not have been complied with.
In any such action or proceeding said commissioner may, in his discre-
tion, and on a verified complaint or petition, and such affidavits as he
may be advised, setting forth the facts, apply to any court of record in
said city, or to a judge or justice thereof, for an order enjoining and
restraining all persons from doing, or causing, or permitting to be done,
any work in or upon such building or structure, or in or upon such part
thereof as may be designated in said complaint, petition or affidavits, or
from occupying or using said building or structure or such portion
thereof, as may be so designated for any purpose whatever until the hear-
ing and determination of said action or proceeding and the entry of final
judgment therein. The court, or judge, or justice thereof, to whom such
application is made, is hereby authorized forthwith to make any or all of
the orders above specified, as may be required in such application, with or
without notice, and to make such other or further orders or directions as
may be necessary to render the same effectual. No officer of said depart-
ment, acting in good faith, and without malice, shall be liable for dam-
ages by reason of anything done in any such action or proceeding. No
undertaking shall be required as a condition to the granting or issuing of
such injunction order, or by reason thereof.
All courts in which any suit or proceeding is instituted under this title,
shall, upon the rendition of a verdict, report of a referee, or decision of
a judge or justice, render judgment according therewith; and the said
judgment so rendered shall be and become a lien upon the premises
named in the complaint in any such action, to date from the time of the
filing in the office of the clerk of the county of Kings, of a notice of lis
pendens therein, which lien may be enforced against said property, in
erery respect, notwithstanding the same may be transferred subsequent
to the filing of the said notice; and all such suits and proceedings may be
prosecuted to final judgment against the parties originally named
therein, and any and all persons acquiring any interest in the premises
subsequent to the filing of the notice of lis pendens shall be bound by
the judgment.
Lis pendens.
Said notice of lis pendens shall consist of a copy of the notice issued
by the commissioner of buildings, requiring the removal of the violation
and a notice of the suit or proceedings instituted, or to be instituted,
thereon, and said notice of lis pendens may be filed at any time after the
service of the notice issued by the commissioner of buildings as afore-
APPENDIX V.
953
said, provided he may deem the same to be necessary or at or after the
time of the filing of the complaint or petition. Any notice of lis pendens
filed pursuant to the provisions of this title may be vacated and canceled
of record upon an order of a judge or justice of the court in which such
suit or proceeding was instituted or is pending, or upon the consent, in
writing, of the corporation counsel of said city, and the clerk of the
county of Kings is hereby directed and required to mark any such notice
of lis pendens, and any record or docket thereof as vacated and canceled
of record upon the presentation and filing of a certified copy of an order
as aforesaid, or of the consent in writing of said counsel. Such actions
or proceedings may be commenced as any other action is commenced in
the courts in which they are brought, or by an order to show cause based
upon a petition or affidavits; the issues in such actions or proceedings
shall be tried as other issues are tried in such courts, according to the
nature thereof, and the granting or awarding costs upon final judgment
shall be in the discretion of the court.
SECTION 36.
Service of notices.
All notices of the violation of any of the provisions of this title, and all
notices directing anything to be done required by this title, and all other
notices that may be required or authorized to be issued thereunder,
including notice that any building, structure, premises, or any part
thereof, are deemed unsafe or dangerous, shall be issued by the commis-
sioner of buildings, or in case of his absence or inability to act, by his
deputy or assistant, and shall have his name affixed thereto, and may be
served by an officer or employe of the department of buildings, or by any
person authorized by the said department. All such notices, and any
notice or order issued by any court in any proceeding instituted to
restrain or remove any violation, or to enforce compliance with any pro-
vision or requirement of this title, may be served by delivering to and
leaving a copy of the same with any person or persons violating, or who
may be liable under any of the several provisions of this title, or to whom
the same may be addressed, and if such person or persons cannot be
found after diligent search shall have been made for him or them, then
such notice or order may be served by posting the same in a conspicu-
ous place upon the premises where such violation is alleged to have been
placed or to exist, or to which such notice or order may refer, or which
may be deemed unsafe or dangerous, which shall be equivalent to a per-
sonal service of said notice or order upon all parties for whom such
search shall have been made.
If the person or persons, or any of them, to whom said notice or order
is addressed do not reside in the State of New York, and have no known
place of business therein, the same may be served by delivery to and
leaving with such person or persons, or either of them, a copy of said
notice or order, or if said person or persons cannot be found within said
State after diligent search, then by posting a copy of the same in man-
ner as aforesaid, and depositing a copy thereof in the post-office of the
city of Brooklyn, inclosed in a sealed wrapper addressed to said person
or persons at his or their last known place of residence, with the postage
954
APPENDIX V.
paid thereon, and said posting and mailing of a copy of said notice or
order shall be equivalent to personal service of said notice or order.
SECTION 37.
Unsafe structures.
Any building or buildings, part or parts of a building, staging or other
structure in the city of Brooklyn, that from any cause may now be, or
shall at any time hereafter become, dangerous or unsafe, may be taken
down and removed, or made safe and secure, in the following manner:
Immediately upon such unsafe or dangerous buildings, or building, or
part or parts of a building, staging or structure being reported by any of
the officers of the department of buildings, the same shall be immediately
entered upon a docket of unsafe buildings to be kept by the commis-
sioner; and the owner, or some one of the owners, executors, administra-
tors, agents, lessees or any other person or persons who may have
a vested or contingent interest in the same, may be served with a printed
or written notice containing a description of the premises or structure
ảeemed unsafe or dangerous, requiring the same to be made safe and
secure or removed, as the same may be deemed necessary by the commis-
sioner of buildings, which said notice shall require the person or persons
thus served to immediately certify to the commissioner of buildings his or
their assent or refusal to secure or remove the same. If the person or
persons so served with notice shall immediately certify his or their assent
to the securing or removal of said unsafe or dangerous building, premises
or structure, he or they shall be allowed until one o'clock in the after-
noon of the day following the service of such notice in which to com-
mence the securing or removal of the same, and he or they shall employ
sufficient labor and assistance to secure or remove the same as expe-
ditiously as the same can be done; but upon his or their refusal or
neglect to comply with any of the requirements of said notice, the com-
Inissioner of buildings may immediately cause to be commenced in the
name of said city in any court of record therein, in the manner aforesaid,
an action or proceeding against the person or persons upon whom said
notice was served, to have such building or buildings, part or parts of
a building, staging or other structure declared and adjudged dangerous
or unsafe, and to compel the same to be taken down, removed or made
safe; any other person having any interest in or lien upon any such
building, buildings, staging or other structure, may, in the discretion of
the commissioner, or of the corporation counsel, be made parties to any
such action or proceeding. If such action or proceeding is commenced
by the service of a summons, the summons shall be in the form pre-
scribed by the Code of Civil Procedure, except that it may require the
defendants to answer within a time therein mentioned and fixed, which
time shall be not less than two nor more than twenty days after the
service of the summons. Such summons may be served personally, or,
if the court, or a judge thereof, shall so order, by fastening a copy of the
same, together with a copy of the complaint and order allowing such
service, upon the building or buildings, staging or other structure pro-
ceeded against, and by leaving a copy of the same papers with a person
in charge of such building, buildings or structure, if there be at the time
APPENDIX V.
955
any one in charge thereof. But before any such order is made, the court
or judge granting the same must be satisfied, by the affidavits presented
to him, that the defendant or defendants in any such action or proceeding
so sought to be served is absent from or cannot, after due diligence, be
found within this State. The issues joined in any such action or proceed-
ing may be brought to trial on any day in term upon two days' notice,
and shall have preference over all other causes on the calendar of the
court for the day mentioned in the notice, and the court shall then pro-
ceed to impanel a jury, hear, try, and determine such issues in the same
inanner as though the trial had been noticed for the first day of the term
of the court, and was then first reached in regular order for trial. The
verdict of the jury upon any such trial shall be conclusive and final. Any
such suit or proceeding commenced before a judge or justice may be con-
tinued before another judge or justice of the same court; a jury trial may
be waived by the default of the defendant or defendants to appear and
answer, or to appear upon the trial, or by agreement, and in such case
the trial may be by court, judge, justice or referee, whose report or
decision in the matter shall be final. Upon the rendition of a verdict or
decision of the court, judge, justice or referee, if the said verdict
or decision shall find the said building, premises or structure to be unsafe
or dangerous, the judge or justice trying said cause, or to whom the
report of the referee trying said cause shall be presented, shall immedi-
ately issue a precept out of said court, directed to the commissioner of
buildings, reciting said verdict or decision, and commanding him forth-
with to repair and secure, or take down and remove, as the case may be,
in accordance with said verdict or decision, said unsafe or dangerous
building or buildings, part or parts thereof, staging, structure or other
premises that shall have been named in the said notice and described in
the complaint. And said commissioner shall immediately thereupon pro-
ceed to execute said precept as therein directed, and may employ such
labor and assistance and furnish such materials as may be necessary for
that purpose, and after having done so said commissioner shall make
return of said precept with an indorsement of his action thereunder and
the costs and expenses thereby incurred, to the judge or justice then
holding the chambers or special term of the said court, and thereupon
said judge or justice shall, upon notice to the parties who appeared in said
action, or their attorneys, tax and adjust the amount indorsed upon
said precept, and shall adjust and allow disbursements of said proceed-
ings, together with the preliminary expenses of searches and surveys,
which shall be inserted in the judgment in said action or proceeding, and
sball render judgment for such amount, and for the sale of said premises
in the said notice named, together with all the right, title and interest
that the person or persons, or either of them, named in the said notice, or
named as defendants in such action, had in the lot, ground or land upon
which the said building or structure was placed, at the time of the filing
of a notice of lis pendens in the said proceedings, or at the time of the
entry of judgment therein to satisfy the same, which shall be in the
same manner and with like effect as sales under judgment in foreclosure
of mortgages. And in and about all preliminary proceedings, as well as
the carrying into effect any order of the court, or any precept
issued by any court, said commissioner of buildings may make
956
APPENDIX V.
requisition upon the comptroller of the city for such amount
or amounts of money as shall be necessary to meet the expenses
thereof; and upon the same being approved by any judge or justice of the
court in which said action was commenced, and presented to said comp-
troller, he shall pay the same from the revenue fund, and all moneys real-
ized from any such sale shall be paid into the city treasurer to the credit
of the revenue fund. The notice of lis pendens provided for in this sec-
tion shall contain or have annexed a copy of the notice or order served
by the commissioner, and shall be filed in the office of the clerk of the
county of Kings. Provided, nevertheless, that immediately upon the
issuing of said precept the owner or owners of said building or premises,
or any party interested therein, upon application to said commissioner of
buildings shall be allowed to perform the requirements of said precept at
his or their own proper cost and expense, provided the same shall be done
immediately and in accordance with the requirements of said precept
upon the payment of all costs and expenses incurred up to that time.
SECTION 38.
The supreme court of the State of New York, the county court of Kings
county, and the city court of Brooklyn shall also, upon petition, respec-
tively have power and jurisdiction to adjudge and decree that any store,
storehouse, dwelling or other building, staging or other structure of any
nature, or any part of either thereof which is, has, or may hereafter
become dangerous, unsafe or insecure, or that any such buildings or
structures or parts thereof erected or altered or in course of erection
or alteration in violation of the provisions of this title shall be taken
down and removed, or repaired and made safe in a proper manner.
Any owner, agent, lessee or occupant of any building against which
a decree shall be made, as hereinbefore provided, who shall neglect,
refuse, or fail to comply with the terms of any such decree, shall be
deemed guilty of contempt, and be punished as provided by law for the
punishment of contempt of court. The remedy given by this section
is cumulative, and in addition to any other remedy or right of action in
this title given.
SECTION 39.
In case any notice or direction authorized to be issued by this title is
not complied with within ten days after the service thereof, the com-
missioner of buildings may also, in his discretion, apply to any court
of record held in the city of Brooklyn at a special term or at chambers,
for an order directing the department of buildings to proceed to make
the alteration, or remove the violation or violations, as the same may be
specified in said notice or direction.
Vacating buildings.
Whenever any notice requiring fire-escapes or means of egress in case
of fire to be placed in or upon any building shall have been served, as
directed in this title, and the same shall not have been complied with
within ten days after service thereof, the said commissioner may, in his
APPENDIX V.
discretion, in addition thereto, or in lieu of the remedy last above pro-
vided, apply to either of the said courts at special term or at chambers,
for an order directing the department of buildings to vacate such build-
ings or premises, or so much thereof as said department may deem
necessary, and prohibiting the same to be used or occupied for any pur-
pose specified in said order until such notice shall have been complied
with.
The expenses and disbursements incurred in the carrying out of any
said order or orders shall become a lien upon said building or premises
named in the said notice from the time of filing of a copy of the notice
with a notice of the proceedings taken thereunder in the office of the
clerk of the county of Kings, and the said courts, or a judge or justice
thereof, to whom application shall be made, is hereby authorized and
directed to grant any of the orders above named, and to take such pro-
ceeding's as shall be necessary to make the same effectual, and any said
judge or justice to whom application shall be made, is hereby authorized
and directed to enforce such lien in accordance with the general
mechanic's lien law of the State.
And in case either of the notices or any of the papers in this title men-
tioned shall be served upon any lessee or party in possession of the
building or premises therein described it shall be the duty of the person
upon whom such service is made to immediately give notice to the owner
or agent of such building named in the notice or papers, if the same
shall be known to said party personally, if such person shall be within
the limits of the city of Brooklyn, and his residence known to such
person, and if not within said city, then by depositing a copy of the
addressed to such owner or agent at his then place of residence, if known,
and by paying the postage thereon. And in case any lessee or party in
possession shall neglect or refuse to gire such notice as herein provided,
he shall be personally liable to the owner or owners of said buildings or
premises for all damages he or they shall sustain by reason thereof,
provided that a copy of this requirement, on his part, shall be indorsed
on or accompany the notice or papers served on him.
SECTION 40.
Commissioner of buildings shall enforce the provisions of this title, and
appoint officers and subordinates.
The said department of buildings shall be, and hereby is, charged with
the enforcement of the provisions of this title through the commissioner
of buildings and he shall appoint all the officers and subordinates thereof.
Inspectors.
The inspectors shall be men of good character, capable of writing
a fair hand, and be able to make out with clearness their reports and no
person shall serve as, or be appointed to office as an inspector of build-
ing's in said bureau who is deficient in these qualifications, and before
958
APPENDIX V.
their appointment to office they shall pass examination before the civil
service commission.
Any inspector of buildings for any neglect of duty or omission to
properly perform his duty, or violation of rules, or neglect or disobedi-
ence of orders, or incapacity, or absence without leave, may be punished
by the commissioner of buildings by forfeiting and withholding pay for
a specified time, or by suspension from duty with or without pay; but this
provision shall not be deemed to abridge the right of said commissioner
to remove or dismiss any inspector of buildings from the service of said
department at any time in his discretion.
SECTION 41.
Corporation counsel to conduct legal proceedings.
The corporation counsel is authorized to sue for and collect all penal-
ties and take charge of and conduct all legal proceedings instituted for
the enforcement of any of the several provisions of this title or for the
recovery of any penalty thereunder brought in the name of the city of
Brooklyn; all notices of violation shall be returned to him for prosecu-
tion, and it shall be his duty to take charge of the prosecution of all
such suits or proceedings, collect and receive all money that may
be collectible upon judgments, suits or proceedings so instituted,
or which may be paid by any parties who have violated any of the provi-
sions of this title, and upon settlement of judgment and removal of
violations thereunder, execute satisfaction therefor. He shall render
to the comptroller an account of, and pay over to the city treasurer all
penalties, and all other money, including costs, received by him; all
necessary disbursements incurred or paid in said suits may be deducted
or paid from such moneys.
Right of officers to enter any building.
All the officers appointed under this title shall, so far as it may be
necessary for the performance of their respective duties, have the right
to enter any building or premises in said city.
SECTION 42.
Commissioner to investigate supposed violations, or charges against
officers and employes.
The commissioner of buildings is hereby authorized and empowered to
investigate, examine and inquire into the origin, details and facts of any
supposed cases of violations of any of the provisions of this title, of all
other laws relating to the building department, and of the rules and regu-
lations of said department, and also into all charges made against the
officers, agents and employes of said department for misconduct, neglect
or non-performance of duty.
Said commissioner, in and about any examination, investigation, or
inquiry authorized hereby, touching any matter or thing therewith con-
nected, may subpoena and compel the attendance of any person or per-
sons, and the production of any books, papers or documents in his or
APPENDIX V.
959
their possession, or under his or their control, connected with and neces-
sary in the judgment of said commissioner, to such examination, investi-
gation or inquiry, before him at the time and place therein named. For
the purpose aforesaid, the corporation counsel may at any time obtain to
be issued subpoenas out of the supreme court, tested under the name of
a justice of said court, in like form and with like effect as though issued
by said justice in any action pending in a court of record; and said sub-
poena may be served, and proof of such service may be made, in the same
manner as now by law provided for the service of subpoenas out of said
court; and upon proof of service and proof of non-compliance, failure to
attend and testify on the part of any person or persons, as required by
said subpoena, or a failure or refusal on the part of any person or persons
to produce any such books, papers or documents in his or their posses-
sion, or a failure or refusal on his or their part to answer any question
put to him or them, and deemed pertinent thereto, by any justice of said
court, proceedings may be commenced to punish said person or persons
as for contempt, and the provisions of the Code of Civil Procedure, in the
relation to contempt proceedings, shall be deemed applicable thereto.
Said commissioner in conducting any examination or inquiry as afore-
said, is hereby authorized to administer any oath or affirmation in the
matter, and any false swearing under said oath or affirmation thus
administered shall be perjury, and punishable as such. Said examination
may be continued and adjourned by the said commissioner, from time to
time, and any person subpoenaed as aforesaid, shall attend and testify
upon said adjourned day or days, and at the time and place designated,
as though the same had been named in said subpoena, and with like
effect as to any failure to appear and answer. Any testimony or evidence
taken as aforesaid shall be carefully preserved in the records of said
department.
SECTION 43.
Buildings and vessels containing combustible materials.
The said commissioner shall inspect all buildings, and it shall be lawful
for any of the inspectors, for such inspection, to enter into and upon all
buildings, livery or other stables, boats or vessels and place where any
gunpowder, saltpetre, hay, rushes, firewood, boards, shingles, shavings,
or other combustible materials may be lodged; and he shall give such
directions, in writing, as he may deem necessary, relative to the removal
thereof; and in case of the neglect or refusal on the part of the owner or
possessor of such combustible materials, or the owner or occupant of said
premises, places or vessels, or either of them, to remove or secure the
same within such time, and in the manner directed by the said commis-
sioner, the party offending shall forfeit and pay fifty dollars, and the
further sum of ten dollars for every twenty-four hours' neglect to remove
or secure the same after being so notified.
SECTION 44.
Storage of combustible materials in dwellings.
No building situated, or hereafter erected in the city, occupied in whole
960
APPENDIX V.
or in part as a dwelling, or occupied by any family or families, shall
have any hay, straw, hemp, flax, shavings, burning fluid, turpentine,
camphene, or any other combustible material stored therein, or in any
part thereof, or kept on sale except in such quantities as shall be pro-
vided for by law, or by ordinance of the common council of said city.
SECTION 45.
Tenement and lodging-houses.
No house, building or portion thereof, in the city of Brooklyn, shall be
used, occupied, leased or rented for a tenement or lodging-house unless
the same conforms in its construction and appurtenances to the require-
ments of this title.
SECTION 46.
Ventilation of tenements and lodging-houses.
Every house, building, or portion thereof, in the city of Brooklyn,
designed to be used, occupied, leased or rented, or which is used, occu-
pied, leased or rented for a tenement or lodging-house, shall have in
every room which is occupied as a sleeping room, and which does not
coinmunicate directly with the external air, a ventilating or transom
window, having an opening or area of three square feet, over the door
leading into and connected with the adjoining room, if such adjoining
rooin cominunicates with the external air, and also a ventilating or tran-
som window of the same opening or area, communicating with the entry
or hall of the house; or where this is, from the relative situation of the
rooms, inpracticable, such last-mentioned ventilating or transom window
shall communicate with an adjoining room that itself communicates with
the entry or hall.
Every such house or building shall have in the roof, at the top of the
hall an adequate and proper ventilator, of a form approved by the com-
missioner of the department of buildings.
SECTION 41.
Roofs and stairs.
The roof of every such house shall be kept in good repair, and so as not
to leak, and all rain water shall be so drained or conveyed therefrom as
to prevent its dripping on to the ground, or causing dampness in the
walls, yard or area.
All stairs shall be provided with proper banisters or railings, and shall
be kept in good repair.
SECTION 48.
Sanitary requirements for tenements and lodging-houses.
Every such building shall be provided with good and sufficient water-
closets or privies, of a construction approved by the health commissioner,
and shall have proper doors, traps, soil pans and other suitable works and
arrangements, so far as may be necessary to insure the efficient operation
APPENDIX V.
961
thereof. Such water-closets or privies shall not be less in number than
one to every twenty occupants of said house; but water-closets or privies
may be used in common by the occupants of any two or more houses,
provided the access is convenient and direct, and provided the number of
occupants in the houses for which they are provided shall not exceed the
proportion above required for every privy or water-closet. Every such
house situated upon a lot on a street in which there is a sewer shall have
the water-closets or privies furnished with a proper connection with the
sewer, which connection shall be in all its parts adequate for the purpose,
so as to permit entirely and freely to pass whatever enters the same.
Such connection with the sewer shall be of a form approved by the
department of city works. All such water-closets and vaults shall be
provided with the proper traps, and connected with the house sewer by a
proper tight pipe, and shall be provided with sufficient water and other
proper means of flushing the same; and every owner, lessee and occu-
pant shall take adequate measures to prevent improper substances from
entering such water-closets or privies or their connections, and to secure
the prompt removal of any improper substances that may enter them, so
that no accumulation shall take place, and so as to prevent any exhala-
tions therefrom, offensive, dangerous or prejudicial to life or health, and
so as to prevent the same from being or becoming obstructed. No cess-
pool shall be allowed in or under or connected with any such house,
except when it is unavoidable, and in such case it shall be constructed in
such situation and in such manner as the commissioner of health may
direct. It shall in all cases be water-tight, and arched or securely cov-
ered over, and no offensive smell or gases shall be allowed to escape there-
from, or from any privy or privy vault. In all cases where a sewer exists
in the street upon which the house or building stands, the yard or area
shall be so connected with the same that all water, from the roof or
otherwise, and all liquid filth shall pass freely into it. Where no sewer
exists in the street, the yard or area shall be so graded that all water,
from the roof or otherwise, and all filth shall flow freely from it and all
parts of it into the street-gutter, by a passage beneath the sidewalk,
which shall be covered by a permanent cover, but so arranged as to per-
mit access to remove obstructions or impurities.
SECTION 49.
Occupancy of cellars, or underground rooms for dwelling.
It shall not be lawful, without a permit from the commissioner of
health, to let or occupy, or suffer to be occupied separately as a dwelling,
any vault, cellar or underground room, and it shall not be lawful with-
out such permit, to let or continue to be let, or to occupy or suffer to be
occupied separately as a dwelling, any vault, cellar or underground room
whatsoever, unless the same be in every part thereof at least seven feet
in height, measured from the floor to the ceiling thereof, nor unless the
same be for at least one foot of its height above the surface of the street
or ground adjoining or nearest to the same, nor unless there be outside
of and adjoining the said vault, cellar or room, and extending along the
entire frontage thereof, and upwards from six inches below the level of
the floor thereof up to the surface of the said street or ground, an open
61
962
APPENDIX V.
space of at least two feet and six inches wide in every part, nor unless the
same be well and effectually drained by means of a drain, the uppermost
part of which is one foot at least below the level of the floor of such
Tault, cellar or room, nor unless there is a clear space of not less than one
foot below the level of the floor, except where the same is cemented, nor
unless there be appurtenant to such vault, cellar or room the use of
a water-closet or privy kept and provided as in this act required, nor
unless the same have an external window opening of at least nine super-
ficial feet clear of the sash frame, in which window opening there shall
be fitted a frame filled in with glazed sashes, at least four and a half
superficial feet of which shall be made so as to open for the purpose of
ventilation; provided, however, that in the case of an inner or back vault,
cellar or room, let or occupied along with a front vault, cellar or room,
as part of the same letting or occupation, it shall be a sufficient compli-
ance with the provisions of this act if the front room is provided with
a window as hereinbefore provided, and if the said ' back vault, cellar or
room is connected with the front vault, cellar or room by a door, and also
by a proper ventilating or transom window, and where practicable, also
connected by a proper ventilating or transom window, or by some hall or
passage communicating with the external air. Provided always that in
any area adjoining a vault, cellar or underground room there may be
steps necessary for access to such vault, cellar or room, if the same be
so placed as not to be over, across or opposite to the external window,
and so as to allow between every part of such steps and the external wall
of such vault, cellar or room, a clear space of six inches at least, and if
the rise of said steps is open; and provided further that over or across
any such area there may be steps necessary for access to any building
above the vault, cellar or room to which said area adjoins, if the same
be so placed as not to be over, across or opposite to any such external
window.
SECTION 50.
Underground lodging or sleeping rooms.
No vault, cellar or underground room shall be occupied as a place of
lodging or sleeping, except the same shall be approved, in writing, and
a permit given therefor by the health commissioner.
SECTION 51.
Garbage receptacles for tenement and lodging-houses.
Every tenement or lodging-house shall have the proper and suitable
conveniences or receptacles for receiving garbage and other refuse
matters.
No tenement or lodging-house, nor any portion thereof, shall be used
ar a place of storage for any combustible article, or any article danger
ous to life or detrimental to health; nor shall any horse, cow, calf, swine,
pig, sheep or goat be kept in said house.
APPENDIX V.
963
SECTION 52.
Tenement and lodging-houses to be kept clean.
Every tenement or lodging-house, and every part thereof, shall be kept
clean and free from any accumulation of dirt, filth, garbage or other
matter in or on the same or in the yard, court, passage, area or alley con-
nected with or belonging to the same. The owner or keeper of any lodge
ing-house, and the owner or lessee of any tenement-house or part thereof,
shall thoroughly cleanse all the rooms, passages, stairs, floors, windows,
doors, walls, ceilings, privies, cesspools and drains thereof of the house
or part of the house of which he is the owner or lessee, to the satıslaction
of the health commissioner, so often as shall be required by or in accord-
ance with any regulation or ordinance, and shall, well and sufficiently, to
the satisfaction of the said commissioner, whitewash the walls and ceil-
ings thereof twice at least in every year, and in the months of April and
October, unless the said commissioner shall otherwise direct.
Every tenement or lodging-house shall have legibly posted or painted
on the wall or door in the entry, or some public accessible place, the
name and address of the owner or owners, and of the agent or agents, of
any one having charge of the renting and collecting of the rents for the
same; and service of any papers required by this title, or by any pro-
ceedings to enforce any of its provisions, or of the provisions relating to
the department of health, shall be sufficient if made upon the person or
persons so designated as owner or owners, agent or agents.
SECTION 53.
Health officers to have free access to tenement and lodging-houses.
The keepers of any lodging-house, and the owner, agent of the owner,
lessee and occupant of any tenement-house, and every other person hav-
ing the care or management thereof, shall at all times when required by
any officer of the department of health, or by any officer upon whom any
duty or authority is conferred by this title, give him free access to such
house and to every part thereof.
To prevent the spread of contagious diseases.
The owner or keeper of any lodging-house, and the owner, agent of the
owner, and the lessee of any tenement-house, or part thereof, shall, when-
ever any person in such house is sick of fever, or of any infectious, pesti-
lential or contagious disease, and such sickness is known to such owner,
keeper, agent or lessee, give immediate notice thereof to the department
of health, or to some officer of the same, and thereupon the health com-
missioner shall cause the same to be inspected, and may, if found neces-
sary, cause the same to be immediately cleansed or disinfected at the
expense of the owner, in such manner as he may deem necessary and
effectual; and may also cause the blankets, bedding and bed clothes used
by any such sick person to be thoroughly cleansed, scoured and fumi-
gated, or, in extreme cases, to be destroyed.
964
APPENDIX V.
SECTION 54.
Health commissioner may vacate buildings.
Whenever it shall appear to the satisfaction of the health commissioner,
that any building or part thereof, is unfit for human habitation, by
reason of its being so infected with disease as to be likely to cause sick-
ness among the occupants, or by reason of its want of repair has become
dangerous to life, he may issue an order, and cause the same to be affixed
conspicuously on the building, or part thereof, and to be personally
served upon the owner, agent or lessee, if the same can be found in this
State, requiring all persons therein to vacate such building for the
reasons to be stated therein as aforesaid. Such building or part thereof
shall, within ten days thereafter, be vacated; or within such shorter
time, not less than twenty-four hours, as in said notice may be specified;
but said commissioner, if he shall become satisfied that the danger from
said house, or part thereof, has ceased to exist, may revoke such order,
and it shall thenceforth be inoperative.
SECTION 55.
Open space between tenements on the same lot.
It shall not be lawful, without a permit from the commissioner of
buildings, to alter, erect or convert to the purposes of a tenement or lodg-
ing-house, a building on any lot where there is another building on the
same lot, or to build or erect any building on any lot whereon there is
already a tenement or a lodging-house, unless there is a clear open space
exclusively belonging thereto, and extending upward from the ground of
at least ten feet between said buildings, if they are one story high above
the level of the ground; if they are two stories high the distance between
them shall not be less than fifteen feet; if they are three stories high, the
distance between them shall not be less than twenty feet; if they are
more than three stories high, the distance between them shall not be less
than twenty-five feet, but when thorough ventilation can be otherwise
secured, such distances may be lessened or modified in special cases by
a permit from the department of buildings.
At the rear of every building hereafter erected for or converted for
the purposes of a tenement or lodging-house on any lot, there shall be
and remain a clear open space of not less than ten feet between it and
the rear end of the lot.
No one continuous building shall be built for or converted to the pur-
poses of a tenement or lodging-house in the city of Brooklyn, upon an
ordinary city lot, and no existing tenement or lodging-house shall be
enlarged or altered, or its lot be diminished so that it shall occupy more
than sixty-five percentum of the area of said lot, but when the interior
light and ventilation of such tenement or lodging-house are, in the
opinion of the commissioner of buildings, adequately provided for, he
may permit such tenement or lodging-house to occupy an area not
exceeding seventy-five per centum of the said lot, and in the same pro-
portion if the lot be greater or less in size than twenty-five by one
hundred feet.
But this provision shall not apply to corner lots, in which, however,
APPENDIX V.
965
no such building hereafter constructed, above the first story, shall occupy
more than ninety-two per centum of the area of said lot above the first
story.
In computing the amount of the lot covered by a building, any shaft
or court of less than twenty-five square feet in area shall be considered
as part of the building and not as part of the free air space.
No building or premises occupied for a tenement-house shall be used
for a lodging-house, private school, stable, or for the storage or handling
of rags, unless with a permit in writing from the board of health, but
nothing herein contained shall be construed to apply to a building or
premises so used for a stable prior to June first, eighteen hundred and
ninety-fire.
In case of any violation of the provisions of this section or of any
failure to comply with or any violation of the terms and conditions of
the plan for such tenement or lodging-house, approved by the said
department of buildings, or the condition of the permit granted by the
department of buildings for such house, or for the air, light and venti-
lation of the same, any court of record, or any judge or justice thereof,
shall have power at any time after service of notice of violation or of
noncompliance, upon the owner, builder, or other person superintending
the building or converting of any such house, upon proof by affidavit of
any violation or noncompliance as aforesaid, or that a plan for light and
ventilation for such house has not been approved by the department of
buildings, to restrain by injunction order, in an action by the city of
Brooklyn, the further progress of any violation as aforesaid.
No undertaking shall be required as a condition of granting an injunc-
tion or by reason thereof.
SECTION 56.
Ceilings in tenement and lodging-houses.
In every such house hereafter erected or converted every habitable
room, except rooms in the attic, shall be in every part not less than eight
feet in height from the floor to the ceiling; and every habitable room
in the attic of any such building shall be at least eight feet in height
from the floor to the ceiling, throughout not less than one-half the area
of such rooms. Every such room shall have at least one window con-
necting with the external air, or over the door a ventilator of perfect
construction, connecting it with a room or hall which has a connection
with the external air, and so arranged as to produce a cross current of
air. The total area of window or windows in every room communicat-
ing with the external air shall be at least one-tenth of the superficial
area of every such room; and the top of one, at least, of such windows
shall not be less than seven feet six inches above the floor, and the upper
half, at least, shall be made so as to open the full width.
Every habitable room of a less area than one hundred superficial feet,
if it does not communicate directly with the external air, and is without
an open fireplace, shall be provided with special means of ventilation, by
a separate air-shaft, extending to the roof, or otherwise, as the depart-
ment of buildings may prescribe.
But in all houses erected or converted, after June first, eighteen hun-
dred and ninety-five, which shall be used, occupied, leased, or rented for
966
APPENDIX V.
a tenement or lodging-house, every room used, let, or occupied by any
person or persons for sleeping shall have at least one window, with
a movable sash, having an opening of not less than twelve square feet,
admitting light and air directly from the public street or the yard of the
said house, unless sufficient light and ventilation shall be otherwise
provided, in a manner and upon a plan approved by the department of
buildings.
SECTION 57.
Open fireplaces in tenement and lodging-houses.
Every such house erected or converted after June first, eighteen hun-
dred and ninety-five, shall have adequate chimneys running through
every floor, with an open fireplace or grate, or place for a stove, properly
connected with one of said chimneys, for every family and set of
apartments.
It shall have proper conveniences and receptacles for ashes and rubbish.
It shall have the floor of the cellar properly cemented, so as to be
water-tight.
The halls on each floor shall open directly to the external air, with
suitable windows, and shall have no room or other obstruction at the
end, unless sufficient light or ventilation is otherwise provided for said
halls, in a manner approved by the commissioner of the department of
buildings.
It shall have Ridgewood, or other water furnished at one or more
places in such house, or in the yard thereof, as the health commissioner
may designate, so that the same may be adequate and reasonably con-
venient for the use of the occupants thereof.
SECTION 58.
Deiinitions.
A tenement-house, within the meaning of this act, shall be taken to
mean and include every house, building, or portion thereof which is
rented, leased, let or hired out to be occupied, or is occupied as the home
or residence of three families or more living independently of each other,
and doing their cooking upon the premises, or by more than two families
upon a floor, so living and cooking, but having a common right in the
halls, stairways, yards, water-closets or privies, or some of them. A
lodging-house shall be taken to mean and include any house or building,
or portion thereof, in which persons are harbored or received or lodged
for hire for a single night, or for less than a week at one time, or any
part of which is let for any person to sleep in for any term less than
a week. A cellar shall be taken to mean and include every basement or
lower story of any building or house of which one-half or more of the
height from the floor to the ceiling is below the level of the street
adjoining.
SECTION 59.
Cellars and ventilation, subject to regulation of health commissioner.
The health commissioner shall have authority to make other regular
tions as to cellars and as to ventilation, consistent with the foregoing,
APPENDIX V.
967
where he shall be satisfied that such regulations will secure equally well
the health of the occupants.
SECTION 60.
Ash-holes or ash-houses.
All ash-holes or ash-houses within the said district of the city of Brook-
lyn shall be built of brick or stone, without the use of wood in any part
thereof.
SECTION 61.
Authority to enter premises to make inspections.
The commissioner of buildings, the inspectors of buildings and the
other employes of said department are authorized and empowered to
ei:ter upon any lands or buildings for the purpose of making inspections:
and carrying out the provisions of this title.
The commissioner of buildings shall examine, or cause to be examined,
the dwelling-houses and other buildings in the city, for the purpose of
ascertaining all violations of the laws and ordinances for the more
effectual prevention of fires, and also to inspect the fireplaces, hearths,
chimneys, stoves and pipes thereto, ovens, boilers, heaters and all chemi-
cal apparatus, receptacles and places for the deposit of ashes, or other
things and substances which, in his opinion, may be dangerous in causing
or promoting fire or dangerous to firemen or occupants in case of fire.
Upon finding anything defective or dangerous, the owner or occupant,
by a written or printed notice, shall be directed to alter, remove or
aniend the same, in such a manner and within such reasonable time as
the commissioner may deem proper.
PART 3.
THE STATUTORY PROVISIONS REGULATING THE CONSTRUCTION
OF BUILDINGS IN THE MUNICIPALITY HERETOFORE KNOWN
AS LONG ISLAND CITY, CONSTITUTING TITLE Y OF CHAPTER
461 OF THE LAWS OF 1871, CONTINUED IN FORCE BY SECTION
646 OF GREATER NEW YORK CHARTER, ante.
CHAPTER 461.
TITLE VII.
SECTION 1. The common council, for the purpose of guarding against
calamities by fire, shall have the power, by ordinance, from time to time,
to prescribe the limits of the said city, within which wooden buildings
shall not be erected or placed without the permission of said common
council, and to direct that all or any buildings within the limits pre-
scribed, shall be made or constructed of stone, brick or metal, with
partition walls, fire proofs and brick, stone or metallic cornices, and eave
968
APPENDIX V.
troughs, under such penalties as may be prescribed by the common coun-
cil, not exceeding one hundred dollars for any one offense, and the
further sum of twenty-five dollars for each and every week any building
so prohibited shall be continued.
§ 2. Every building hereafter erected, contrary to the foregoing pro-
visions, or to any ordinance made in pursuance of the foregoing section,
is hereby declared to be a common nuisance, and may be abated and
removed as such by the direction of the common council of said city.
But the common council shall have the power, in their discretion, on an
application to them for that purpose, to authorize the owner of any
building constructed of wood within said fire limits, to make additions
and repairs thereto of wood, provided such additions shall not be of suffi-
cient size to constitute a dwelling-house, workshop or store, if the main-
building should be removed or exceed in front twelve feet in width.
APPENDIX VI.
THE PROVISIONS OF THE NEW YORK CITY CONSOLIDATION ACT
RELATING TO THE CITY COURT OF NEW YORK CONTINUED IN
FORCE BY § 1345 OF THE GREATER NEW YORK CHARTER, ante.
[The provisions of the statute which were a re-enactment of the Code:
of Civil Procedure are not reprinted, but references are made to the
sections of the Code from which they were taken.]
LAWS 1882, Ch. 410.
$ 1205. City court, a court of record. Code of Civ. Pro., § 2, subd. 9.
$ 1206. Justices' terms of office. Vacancies.
Salaries.
§ 1206. The term of office of the justices shall be six years. The jus-
tices in office when this act shall take effect shall continue therein until
the expiration of the terms for which they were respectively elected, sub-
ject to removal in cases now established by law. Two justices shall be
elected at the general election to be held in the year eighteen hundred
and eighty-one, and the same number at the general election in each
second year thereafter. Any vacancy shall be filled by appointment by
the governor, and the person so appointed shall hold the office until the
commencement of the political year next succeeding the first annual
election after the happening of the vacancy at which such officer could
be by law elected. The annual salary of each of the justices is ten
thousand dollars.
L. 1870, ch 582, § 2 (Comp. 1301); L. 1852, ch. 389, § 3 (Comp. 1300).
Superseded in part by Charter, § 1346, ante.
Clerk. Salary not to be diminished during continuance in office.
§ 1207. The clerk shall receive an annual compensation, which shall
not be diminished during his term of office and which shall be in lieu of
all fees and perquisites.
L. 1852, ch. 389, $ 5 (Comp. 1300).
§ 1208. Jurisdiction. Code of Civ. Pro., § 315.
§ 1209. Id.; limitations upon. Code of Civ. Pro., § 316.
§ 1210. Marine causes. Code of Civ. Pro., § 317.
§ 1211. Summary proceedings. Code of Civ. Pro., § 2234.
§ 1212. No power to naturalize aliens. Code of Civ. Pro., § 318.
§ 1213. Former jurisdiction continued. Code of Civ. Pro., $ 4.
§ 1214. Removal of actions to supreme court. Code of Civ. Pro., § 319.
$ 1215. Court to consist of six justices. Hours of attendance. Code
of Civ. Pro., § 320.
$ 1216. Removal of justices, for gross misconduct or neglect. Code of
Civ. Pro., § 321
§ 1217. Chief justice. Designation of duties. Code of Civ. Pro., § 322.
970
APPENDIX VI.
§ 1218. Rules may be made by justices. Code of Civ. Pro., $ 323.
§ 1219. Terms to be designated and held. Code of Civ. Pro., § 324.
§ 1220. Additional parts. Appointments to be published. Code of
Civ. Pro., § 325.
§ 1221. Vaths, acknowledgments, etc., may be taken by justices. Code
of Civ. Pro., § 326.
§ 1222. Justices only to make orders, etc. Code of Civ. Pro., $ 327.
§ 1223. Clerk. Appointment. Code of Civ. Pro., § 328.
§ 1224. Id.; deputy. Duties. Code of Civ. Pro., § 329.
§ 1225. Id.; special deputies. Code of Civ. Pro., $ 330.
$ 1226. Id.; fees. Code of Civ. Pro., § 331.
§ 1227. Id.; to appoint stenographers. Code of Civ. Pro., x 332.
§ 1228. Id.; to appoint interpreter. Code of Civ. Pro., § 333.
§ 1229. Id.; interpreter guilty of perjury if he interprets falsely. Code
o: Civ. Pro., $ 334.
§ 1230. Id.; clerk to appoint court attendants. Code of Civ. Pro., § 335.
§ 1231. Clerk and court attaches to receive no compensation beyond
salaries. Code of Civ. Pro., § 336.
§ 1232. Officers may be suspended for cause by justices. Code of Civ.
Pro., § 337.
§ 1233. Mandates; where may be executed. Code of Civ. Pro., § 338.
§ 1234. Id.; by whom to be executed. Code of Civ. Pro., § 339.
§ 1235. Security for costs from non-resident plaintiff. Code of Civ. Pro.,
§ 3268.
§ 1236. Warrant in action to foreclose lien upon chattel. Code of Civ.
Pro., $$ 1737, 1738.
§ 1237. Summons; requisites. Code of Civ. Pro., § 3165.
§ 1238. Complaint; time to demand service of. Code of Civ. Pro., § 3166.
$ 1239. Justification of bail and exception to sureties. Code of Civ. Pro.,
§ 3168.
§ 1240. Notices; within what time to be served. Code of Civ. Pro.,
§ 3161.
§ 1241. Notices of trial and notes of issue. Code of Civ. Pro., § 3162.
§ 1242. Decision; within what time to be filed. Code of Civ. Pro.,
§ 3173.
§ 1243. Counter-claim. Code of Civ. Pro., $ 3174.
& 1244. References. Code of Civ. Pro., $ 3172.
§ 1245. Verdict may be partly remitted. Code of Civ. Pro., § 3176.
§ 1246. Imprisoned debtor physically unable to endure confinement.
Code of Civ. Pro., $ 3163.
$ 1247. Substituted service of summons. Code of Civ. Pro., $ 3170.
§ 1248. Attachment, when granted. Code of Civ. Pro., § 3169.
§ 1249. Id.; clerk's fee on obtaining. — At the time of issuing any
attachment or warrant, the party applying therefor shall pay to the said
clerk the sum of one dollar; and if a trial shall be had in the action so
commenced the plaintiff therein shall pay to the said clerk an additional
sum of two dollars and fifty cents, which said sums shall be received in
lieu of all other fees now required by law, to be paid the said clerk.
L. 1857, ch. 259 (Comp. 1307).
$ 1250. Id.; perishable property, how sold. Code of Civ. Pro., § 3175.
$ 1251. Arrest, in marine cases. Code of Civ. Pro., § 3177.
$ 1252. Id.; order of arrest, what to require. Code of Civ. Pro., § 3178.
APPENDIX VI.
971
$ 1253. Id.; person arrested to be served with papers and brought
before the court. Code of Civ. Pro., § 3179.
§ 1254. Id.; defendant may give bail. Code of Civ. Pro., § 3180.
§ 1255. Id.; defendant to be allowed to seek bail before being com-
mitted. Code of Civ. Pro., § 3181.
$ 1256. Id.; bail or deposit after return. Code of Civ. Pro., & 3182.
$ 1257. Id.; defendant to remain in jail until final judgment, in absence
of bail or deposit. Code of Civ. Pro., § 3183.
$ 1258. Id.; sheriff to make return forthwith. Code of Civ. Pro., $ 3184.
§ 1259. Id.; proceedings upon return. Code of Civ. Pro., § 3185.
§ 1260. Id.; trial. Code of Civ. Pro., § 3186.
§ 1261. Id.; foregoing sections not to prevent ordinary actions in
marine cases. Code of Civ. Pro., § 3187.
§ 1262. Id.; certain sections of Code of Civil Procedure inapplicable.
Code of Civ. Pro., § 3160.
§ 1263. Judgments in favor of working women. Code of Civ. Pro.,
§ 3167.
§ 1264. Depositions. Code of Civ. Pro., § 3171.
§ 1265. Money paid into court. Code of Civ. Pro., $$ 3164, 747, 748.
§ 1266. Appeal to general term from final judgment. Code of Civ. Pro.,
$ 3188.
§ 1267. Id.; from interlocutory judgment. Code of Civ. Pro., § 3189.
§ 1268. Id.; within what time to be taken. Code of Civ. Pro., 8 3190.
§ 1269. Appeal from general term to the appellate term of the supreme
court. Code of Civ. Pro., § 3191.
§ 1270. Id.; proceedings regulated. Code of Civ. Pro., § 3192.
§ 1271. Id.; within what time to be taken. Code of Civ. Pro., § 3193.
$ 1272. Id.; judgment by appellate court. Code of Civ. Pro., § 3194.
§ 1273. Court of appeals; appeal to. Code of Civ. Pro., § 191.
§ 1274. Id.; procedure upon. Code of Civ. Pro., § 3195.
Salaries of clerk, deputy clerks and attendants of city court of New
York.
§ 1275. The clerks, officers, attendants and interpreter of said court
shall receive the following salaries: The clerk, four thousand five hun-
dred dollars; one deputy clerk, three thousand dollars; two deputy clerks,
two thousand dollars; the assistant clerks, fifteen hundred dollars; the
attendants, one thousand dollars, and the interpreter, fifteen hundred
dollars, and such salaries shall be all that the persons holding such
offices or positions shall be entitled to receive from the treasury of said
city for any and all services rendered to the city or county during the
term for which such salary shall be received. (As amended by L. 1894,
ch. 757, § 1.)
See L. 1894, ch. 757, 88 2 and 3.
§ 1276. Costs. Code of Civ. Pro., § 3251.
§ 1277. Costs of adjournment may be imposed. Code of Civ. Pro.,
$ 3255.
Clerk to collect stenographer's trial fee.
§ 1278. The clerk of said court shall collect and receive a stenographer's
Tee of one dollar and fifty cents for each and every trial had in said court.
L. 1875, ch. 479, $ 54 (Comp. 1317).
APPENDIX VII.
THE PROVISIONS OF THE NEW YORK CITY CONSOLIDATION ACT
RELATING TO THE DISTRICT COURTS OF THE CITY OF NEW
YORK CONTINUED IN FORCE BY $ 1369 OF THE GREATER NEW
CHARTER.
LAWS 1882, CHAPTER 410.
CHAPTER XVIII.
Title 6.--The District Courts.
Enumeration.
§ 1279. Superseded by 88 1358-1363 of the Greater New York Charter,
ante.
Classification.
§ 1280. Superseded by $8 1358-1363 of the Greater New York Charter,
ante.
Justices; election.
§ 1281. Superseded by § 1352 of the Greater New York Charter, ante.
Id.; qualifications.
§ 1282. Superseded by § 1353 of the Greater New York Charter, ante.
Id.; salaries.
§ 1283. Superseded by $ 1355 of the Greater New York Charter, ante.
Jurisdiction limited by statute.
§ 1284. Superseded by § 1364 of the Greater New York Charter, ante.
Jurisdiction in general.
§ 1285. Superseded by $ 1364 of the Greater New York Charter, ante.
Id.; continued.
§ 1286. Superseded by $ 1365 of the Greater New York Charter, ante.
Common pleas; removal of action to.
§ 1287. Superseded by § 1366 of the Greater New York Charter, ante.
Former jurisdiction except as modified by Code of Civil Procedure, con-
tinued.
$ 1288. Said courts shall continue to exercise the jurisdiction and pow-
APPENDIX VII.
973
ers vested in them by law on September first, eighteen hundred and
seventy-seven, according to the course and practice of the court, except
as otherwise prescribed in the Code of Civil Procedure or acts passed
subsequent to said act. Sections eight to fourteen, inclusive, of the Code
of Civil Procedure (excepting subdivision seven of said section fourteen)
are hereby made applicable to and shall govern said courts. (As
amended by L. 1891, ch. 378.)
Code Civ. Pro., § 4. See § 2143, post.
Actions, in what district to be brought.
§ 1289. Superseded by § 1370 of the Greater New York Charter, ante.
Id.; as to actions by the corporation.
§ 1290. Superseded by § 1370 of the Greater New York Charter, ante.
Courts, where to be held.
§ 1291. Superseded by § 1371 of the Greater New York Charter, ante.
Id.; by whom to be held.
§ 1292. Superseded by $ 1375 of the Greater New York Charter, ante.
Seals; courts cannot issue certificates of naturalization.
§ 1293. Superseded by $ 1372 of the Greater New York Charter, ante.
Parties may appear in person or by attorney.
$ 1294. Parties in these courts may prosecute or defend in person, or
by agent or attorney, except that the marshal who served the summons,
order of arrest, warrant of attachment, or jury process cannot appear
and act on the trial in behalf of either party.
Id. § 9 (Comp. 1332).
Guardian ad litem for infant plaintiff or defendant.
§ 1295. When a guardian is necessary he must be appointed by the jus-
tice as follows:
1. If the infant be plaintiff, the appointment must be made before the
summons is issued, upon the application of the infant, if he be of the age
of fourteen years or upwards; if under that age, upon the application
of some relative or friend. The consent, in writing, of the guardian to
be appointed, and to be responsible for costs if he fail in the action, must
be first filed with the clerk of the court.
2. If the infant be defendant, the guardian must be appointed at the
time the summons is returned personally served, or before the pleadings.
It is the right of the infant to nominate his own guardian, if the infant
be over fourteen years of age, and the proposed guardian be present,
and consent in writing to be appointed, otherwise the justice may appoint
any suitable person who gives such consent.
Id. § 11 (Comp. 1332). See Fish v. Ferris, 3 E. D. Smith, 567,
974
APPENDIX VII.
Action; how to be commenced.
§ 1296. An action brought in either of these courts must be commenced
by the voluntary appearance of, and joinder of issue by the parties, or
by the service of a summons.
Code Civ. Pro., § 3209. See § 2143, post.
Summons; requisites.
$ 1297. The summons must be addressed to the defendant by name, or,
if his name be unknown, by a fictitious name, and must summon him to
appear before the justice in the court at the court-room thereof, and at
the time specified therein, to answer the complaint of the plaintiff, and
must state the amount for which the plaintiff will make judgment, if
the defendant fail to appear and answer; it must be subscribed by the
clerk of the court out of which the same issued, or by his deputy in
the name of such clerk, excepting that in actions brought by the cor-
poration attorney of the city as such attorney the summons may be
issued by him in his own name as such attorney, and in such actions
he shall not be required to pay to the clerk of the court the fees in the
action, but shall account therefor to the city treasury.
L. 1857, ch 344, § 12, amd. L. 1873, ch 596, § 1 (Comp. 1333).
Id.; return.
§ 1298. The time mentioned in the summons for the appearance of the
defendant and the time of service must be as follows:
1. When the defendants or either of several defendants is not a resi-
dent of the city, the summons shall be returnable in not less than two
nor more than four days from its date. Such summons shall be served
at least two days before the day for appearance mentioned therein.
When the plaintiff or either of several plaintiffs is not a resident of the
city, the summons may be returnable as above provided, and if so return-
able, it shall be governed by the above rule of service.
2. In all other cases it must be returnable not more than twelve days
from its date, and, except in the cases provided for in section thirteen
hundred and seven of this act, must be served at least six days before
the time of appearance.
Id. § 13, amd. L. 1862, ch. 484, § 20 (Comp. 1333.)
Id.; non-resident plaintiff.
$ 1299. When the plaintiff does not reside in the city, and has no place
of business or of stated employment therein, or when the above is true
of all the plaintiffs, before the issuing of the short summons as pro-
vided in the last section, there shall be filed with the clerk of the court
a written undertaking, executed by one or more sureties, to the effect
that if the defendant recover judgment such surety or sureties will pay
all costs that may be awarded to defendant, not exceeding one hundred
dollars; if the defendant shall recover judgment in such case and the
execution thereon be returned unsatisfied, in whole or in part, the clerk
shall deliver to the defendant such undertaking to be prosecuted accord-
ing to law.
Id. § 23, amd. L. 1862, ch. 484, § 21 (Comp. 1336).
APPENDIX VII.
975
Id.; mode of service.
$ 1300. The summons must be served as follows:
1. If an action be against a corporation, by delivery of a copy to the
president or other head of the corporation, or to the secretary, cashier,
or managing agent thereof or when no such officer resides in the city,
to a director resident therein.
2. If against a minor under the age of fourteen years by delivvery of
a copy to such minor, and also to his father, mother, or guardian, or if
they be not within the city, then to any person having the care or con-
trol of such minor, or with whom he resides, or in whose service he is.
3. If against a person judicially declared to be of unsound mind, or
incapable of conducting his own affairs, in consequence of habitual
drunkenness, or for any other cause, and for whom a committee has
been appointed, by delivery of a copy to such committee, and to the
defendant personally.
4. In all other cases to the defendant personally, except as in this title
otherwise specially provided.
Id. § 14 (Comp. 1333).
Id.; who may serye.
§ 1301. The summons, and, in a proper case, a copy of the complaint,
or a precept in summary proceedings, may be served by any person not
a party to the action; except that a person, other than a marshal, serv-
ing the same, must be first empowered to do so, either by the justice or
in actions brought by the attorney to the corporation, on behalf of the
city, by said attorney, as now prescribed by law. Proof of service
thereof, by such a person, must be made by his affidavit; which must
state the particular place, time, and manner of service, and that the
affiant knew the person so served to be the person mentioned and de-
scribed in the summons as defendant therein.
Code Civ. Pro., § 3208. See $g 1357 and 2143, post.
Warrants of attachment to be served by marshal.
§ 1302. Every warrant of attachment or other process issued by or out
of any said district courts, or by any justice or clerk thereof shall, except
as hereinbefore provided, be served and executed by a marshal of said
city.
L. 1862, ch. 484, § 14; L. 1879, ch. 102 (Comp. 1478). See Code Civ. Pro.,
§ 3208.
Process not to be served out of city.
$ 1303. The summons, orders of arrest, and attachments issued out of
these courts shall not be served out of the city and county of New York.
The action shall be deemed commenced at the time the summrns is
actually delivered for service. If the marshal or other person having the
summons to serve cannot find the defendant so as to serve him therewith
as required by this title, he must so return, and the clerk shall, at the
request of the plaintiff, continue from time to time to issue others, until
the defendant is served.
L. 1857, ch. 344, § 22 (Comp. 1336). See L. 1866, ch. 758.
976
APPENDIX VII.
Arrest. In what cases may be granted.
§ 1304. An order to arrest the defendant must or may be granted,
directed to any marshal of said city, in the following cases:
1. In an action for the recovery of damages, in a cause of action not
arising on contract, when the defendant is not a resident of the county,
or is about to remove therefrom, or when the action is for a willful
injury to person or property.
2. In an action for a fine or penalty, or for money or property embez-
zled or wrongfully misapplied or converted to his own use by a public
officer, or an officer of a corporation, or an attorney, factor, broker, agent
or clerk, in the course of his employment as such, or by any other person
acting in a fiduciary capacity.
3. Where the defendant has been guilty of a fraud in contracting the
debt, or incurring the obligation for which the action is brought, or in
concealing or disposing of the property, for the taking, detention, or con-
version of which the action is brought.
4. When the defendant has removed, concealed, or disposed of his
property, or is about to do so, with intent to defraud his creditors.
5. When an arrest is authorized by special statute, in an action for
a fine or penalty, or for a willful violation of duty.
6. When the action is for the recovery of a fine or penalty under the
ordinances or by-laws of the corporation of The City of New York; but
no female can be arrested, except for a willful injury to person or
property.
L. 1857, ch. 344, § 16 (Comp. 1334); Code Civ. Pro., § 3217. See Johnson
v. Florence, 32 How. Pr. 230; Stern v. Moss, 12 Daly, 516; s. C., 6 Civ. Pro.
Rep. 184.
Id.; affidavit and undertaking upon granting.
§ 1305. Before an order of arrest shall issue, the party applying must
prove to the satisfaction of the justice, by the affidavit of himself or some
cther person, the facts on which the application is founded, and the
amount of his debt or claim over all payments and set-offs. The plaintiff
must also execute and deliver to the clerk of the court a written under-
taking, approved by the justice, with such approval indorsed thereon,
with or without sureties, to the effect that if the defendant recover judg-
ment, the plaintiff will pay to him all costs and extra costs that may be
awarded to the defendant, and all damages which he may sustain by
reason of the arrest, not exceeding the sum specified in the undertaking,
which must be double the amount claimed; if the undertaking be exe-
cuted by the plaintiff without security, he must annex thereto an affidavit
that he is a resident and householder in The City of New York, specifying
the street and number or other sufficient identification of the building
where he resides, and worth double the sum specified in the undertaking,
as well over and above all his debts and liabilities, as of his property
exempt by law from execution, but the proof and security required by
this section shall not be necessary where the order of arrest is issued for
the violation of a by-law or ordinance of the corporation of The City of
New York, or for the recovery of a penalty or a forfeiture under the
statutes of this state where the corporation of The City of New York or
any department of the government of said city authorized by statute to
APPENDIX VII.
977
maintain an action or of the people of the state of New York are
plaintiffs.
L. 1857, ch. 344, § 21 (Comp. 1335); Code Civ. Pro., § 3219.
Id., arrests to enforce game laws.
§ 1306. Any justice of a district court upon receiving sufficient security
for costs on the part of the complainant, and sufficient proof by affidavit
that any of the provisions of chapter five hundred and thirty-four of the
laws of eighteen hundred and seventy-nine, entitled “An act for the
preservation of moose, wild deer, birds, fish, and other game," have been
violated by any person being temporarily within its jurisdiction, but not
residing there permanently, or by any person whose name and residence
are unknown, is hereby authorized to issue his warrant for the arrest of
such offender, and to cause him to be committed or held to bail to
answer the charge against him; and any such justice, upon receiving
proof or probable cause for believing in the concealment of any game or
fish mentioned in said act, and taken during any of the periods prohib-
ited, and upon the complainants giving security, to be approved by such
magistrate, for the damage which the defendant in the case may sustain
in consequence of the complaint, provided he shall be found not to have
violated the law, shall issue his search warrant, and cause search to be
made in any house, market, boat, car, or other building, and for that end
may cause any apartment, chest, box, locker, crate, or basket to be
broken open and the contents examined.
L. 1879, ch. 534, § 39 (Comp. 1351).
Id.; order of arrest, what to direct.
§ 1307. An order of arrest must direct that the summons accompanying
it be made returnable immediately upon the arrest of the defendant, and
it must specify a sum in which the defendant may be let to bail.
Code Civ. Pro., § 3218. See § 1298, subd. 2, ante, and 8 2143, post.
Id.; what papers to be delivered to arrested person. Proceedings there-
upon.
§ 1308. The marshal, upon arresting the defendant, by virtue of such
an order, must, at the same time, serve upon him the summons, and also
a copy of the order of arrest, and of the papers upon which it was
granted. He must forthwith bring the defendant before the court, if the
court is then in session; otherwise, unless bail is given, as prescribed in
section thirteen hundred and eleven, he must take the defendant to the
jail of the city and county of New York, for the confinement of prisoners
in civil causes. The keeper thereof must confine the defendant therein.
un the next day thereafter, when the court is in session, the marshal must
take the defendant from the jail, and bring him before the court.
Code Civ. Pro., § 3179. See § 2143, post.
Id.; proceedings in case justice is a witness.
$ 1309. If it be made to appear to the satisfaction of the justice by the
affidavit of the defendant that the justice is a material witness in
he action, the marshal must immediately take the defendant before the
62
978
APPENDIX VII.
justice of the next district court, who must take cognizance of the action,
and proceed therein the same as if the order of arrest had been issued
out of the latter court.
L. 1857, ch. 314, § 17 (Comp. 1335).
Id.; plaintiff to be notified of arrest.
§ 1310. The marshal making the arrest must immediately give notice
thereof to the plaintiff, and indorse on the order of arrest, and subscribe
a certificate, stating the time of serving the same, and of his giving
notice to the plaintiff.
Id., § 18 (Comp. 1335).
Id.; bail or deposit before return.
$ 1311. The defendant may give bail, by delivering to the marshal
a written undertaking to the plaintiff, in the sum specified in the order
of arrest, executed by one or more sureties, to the effect that the defend-
ant will attend in person at the opening of the court, on the next day
thereafter when it is there in session, or he may deposit with the marshal
the sum specified in the order of arrest. In either case the marshal must
forthwith release him from custody.
Code Civ. Pro., § 3180. See § 2143, post.
Id.; bail may be examined.
§ 1312. Where bail is given, as prescribed in the last section, the officer
taking the acknowledgment of the undertaking must, if the marshal so
requires, examine under oath, to a reasonable extent, the persons offer-
ing to become bail, concerning their property and their circumstances.
The defendant may give bail, or make the deposit, immediately upon his
arrest, at any hour of the day or night; and he must have reasonable
opportunity to seek for and to procure bail, before being committed to
jail. Where a deposit is made, the money deposited must, before the
expiration of the next day thereafter, not being Sunday 'or a public holi-
day, be paid by the marshal into court, by paying the same directly to
the chamberlain to the credit of the cause.
Code Civ. Pro., $$ 3181, 3164. See § 2143, post.
Id.; bail or deposit after return.
§ 1313. At any time after the return of the marshal, and before final
judgment, the justice may admit a defendant in custody to bail, or allow
him to make a deposit; and may direct his release, upon his giving bail,
or making the deposit accordingly. The sum to be deposited, or the sum
specified in the undertaking of the bail, must be fixed, and the sureties
in the undertaking must be approved, by the justice; who must be satis-
fied, by their examination, or by other proof, respecting their sufficiency.
The undertaking must be to the effect that the defendant will, at all
times, render himself amenable to any mandate which may be issued, to
enforce a final judgment against him in the action.
Code Civ. Pro., § 3182. See § 2143, post.
APPENDIX VII.
979
Id.; when and how defendant to remain in custody.
$ 1314. Unless bail is given, or a deposit is made, as prescribed in the
last three sections, the defendant must remain in the jail, by virtue of the
order of arrest, until final judgment in the action; and if the judgment is
against the defendant, until the return of an execution against property,
issued thereupon. But the court must direct him to be brought into
court, at the time of the trial; and it may, in its discretion, direct him to
be brought into court at any other time. In either case he must be taken
from the jail, and brought into court accordingly.
Code Civ. Pro., § 3183. See § 2143, post.
Id.; continued. Duty of marshal.
§ 1315. The marshal making the arrest, or another marshal, by direc-
tion of the justice, must keep the defendant in custody, unless he shall
give the security for his appearance, or until he is duly discharged by
order of court; but in no case can such detention exceed forty-eight
hours from the time of his first being brought before the justice, unless
within that time the trial of the action be commenced, or unless it be
delayed at the request of the defendant, or in consequence of his demand
of a jury trial. If the trial of the action be delayed at the request of the
defendant, or in consequence of his demanding a trial by jury, he must,
unless he has given bail or made a deposit, file with the court the under-
taking required by section thirteen hundred and sixty-three of this act,
before such delay is granted to him.
L. 1857, ch. 344, § 19 (Comp. 1335).
Attachment, when may be granted.
§ 1316. A warrant of attachment against the property of one or more
defendants must be granted, upon the application of the plaintiff, as
hereinafter prescribed, where the action is brought upon a judgment, or
to recover for one or more of the following causes:
1. Breach of a contract, express or implied.
2. Wrongful conversion of personal property.
3. Any other injury to personal property, in consequence of negligence,
fraud, or other misconduct.
Code Civ. Pro., § 2905. See § 2143, post.
Id.; what must be shown to procure warrant.
§ 1317. To entitle the plaintiff to such a warrant, he must show, by
affidavit, to the satisfaction of the justice, as follows:
1. That a sufficient cause of action exists against the defendant, to
recover damages for one or more of the causes specified in the last sec-
tion. If the action is upon a judgment, or to recover for breach of a con-
Tract, the affidavit must show that the plaintiff is entitled to recover
a sum stated therein, over and above all counter-claims known to him.
2. That the defendant is either a foreign corporation, or not a resi-
dent of the state; or, if the defendant is a natural person, and a resident
of the state, that he has departed, or is about to depart, from the county
Where he last resided, with intent to defraud his creditors, or to avoid
the service of a summons, or keeps himself concealed, with the like
den
980
APPENDIX VII.
intent; or if the defendant is a natural person, or a domestic corporation,
that he or it has removed, or is about to remove, property from the
county where the defendant, being a natural person, last resided, or being
a corporation, has kept its principal office, or from the county in which
the action is brought, with intent to defraud his or its creditors, or has
assigned, disposed of, or secreted, or is about to assign, dispose of, or
secrete property, with the like intent; or that the defendant, being a
natural person of full age, and a resident of the state, has been con-
tinuously without the United States for the space of six months or more;
inmediately before the application, and either that he has not made
a designation of a person, upon whom to serve a summons in his behalf,
as prescribed in section four hundred and thirty of the Code of Civil
Procedure, or that service upon the person so designated cannot be made,
with due diligence, in the county where the person making the designa-
tion resides. The affidavit must be filed with the justice, when the war.
rant is granted.
Code Civ. Pro., § 2906. See § 2143, post.
Id.; contents of warrant.
§ 1318. The warrant must be granted by the justice at the time when
the summons is issued, and must be issued by the clerk; and it must be
indorsed thereupon, or annexed thereto. It must be subscribed by the
justice, and must briefly recite the ground of the attachment. It must
require the marshal, to whom the summons is delivered, to attach, on or
before a day specified therein, which must be at least six days before
the return day of the summons, and safely to keep, as much of the
defendant's goods and chattels, within his county, as will satisfy the
plaintiff's demand, with the costs and expenses, and to make return of
his proceedings thereon to the justice, at the time when the summons is
returnable. The amount of the plaintiff's demand must be specified in
a warrant, as stated in the affidavit.
Code Civ. Pro., 8 2907; L. 1857, ch. 344, § 20 (Comp. 1335). See § 2143, post.
Id.; undertaking.
§ 1319. Before granting the warrant, the justice must require a written
undertaking to the defendant, on the part of the plaintiff, with one or
more sureties, approved by the justice, to the effect that, if the defendant
recovers judgment, or the warrant of attachment is vacated, the plaintiff
will pay all costs which may be awarded to the defendant, and all dam-
ages which he may sustain by reason of the attachment, not exceedings
the sum specified in the undertaking, which must be at least twice the
amount of the plaintiff's demand, as stated in the warrant; and that if
the plaintiff recovers judgment, he will pay to the defendant all money
received by him from property taken by virtue of the warrant of attach-
ment, or upon any bond given therefor, over and above the amount of
the judgment and interest thereupon.
Code Civ. Pro., $$ 2908, 3219.
Id.; how warrant to be executed.
$ 1320. The marshal to whom the warrant of attachment is delivered
APPENDIX VII.
981
must execute it at least six days before the return day of the summons, by
levying upon and taking into his custody so much of the goods and chat-
tels of the defendant, not exempt from levy and sale by virtue of an
execution, including money and bank-notes, which he finds within his
county, as will satisfy the plaintiff's demand, with the costs and expenses.
He must safely keep the property attached, to be disposed of as pre-
scribed in this title, and must immediately make an inventory thereof,
stating therein the estimated value of each item or article.
Code Civ. Pro., § 2909. See L. 1884, ch 409; $ 2143, post.
Id.; service of summons and warrant upon defendant.
$ 1321. The marshal must, immediately after making the inventory,
and at least six days before the return day of the summons, serve the
summons, together with the warrant of attachment and inventory, upon
the defendant, by delivering to him personally a copy of each, if he
can, with reasonable diligence, be found within the county; or, if he
cannot be so found, by leaving a copy of each, certified by the constable,
at the last place of residence of the defendant in the county, with a per-
son of suitable age and discretion; or, if such a person cannot be found
there, by posting it on the outer door, and also depositing another copy
in the nearest post-office, inclosed in a sealed post-paid wrapper, directed
to the defendant at his residence; or, if the defendant has no place of
residence in the county, by delivering it to the person in whose pos-
session the property attached is found.
Code Civ. Pro., § 2910. See § 2143, post.
Id.; undertaking by defendant.
$ 1322. The defendant, or his attorney or agent in his behalf, may, at
any time before judgment is rendered in the action, execute and deliver
to the marshal an undertaking to the plaintiff in a sum specified therejni,
at least twice the value of the property attached, as stated in the inven-
tory, with one or more sureties, approved by the marshal or by the jus-
tice who issued the warrant; and to the effect, that if judgment is ren-
dered against the defendant and an execution is issued thereupon, within
six months after the giving of the undertaking, the property attached
shall be produced to satisfy the execution. Thereupon the marshal must
deliver the property to the defendant.
Code Civ. Pro., § 2911. See § 2143, post.
Id.; claim by third person. Bond and delivery thereupon.
$ 1323. If a person, not a party to the action, claims any property
attached, which is not reclaimed by the defendant, as prescribed in the
last section, he may, at any time after the seizure and before execution
is issued upon a judgment rendered in the action, execute and file with
the clerk a bond to the plaintiff, with one or more sureties approved by
the marshal or by the justice, in a penalty at least twice the value of the
property claimed, and conditioned that, in an action upon the bond to
be commenced within three months thereafter, the claimant will estab-
dish that he was the general owner of the property claimed at the time
of the seizure; or, if he fails so to do, that he will pay to the plaintiff the
982
APPENDIX VII.
value thereof, with interest. The marshal must thereupon deliver the
property claimed to the claimant.
Code Civ. Pro., § 2912. See § 2143, post.
Id.; judgment upon bond.
§ 1324. A judgment for the plaintiff, in an action upon a bond, given
as prescribed in the last section, must award to him the value of the
property seized and delivered to the claimant, with interest thereupon
from the time of the delivery. If the amount so recovered exceeds the
amount which the plaintiff recovers in the action in which the warrant
of attachment was issued, he is liable to the defendant in that action for
the excess.
Code Civ. Pro., § 2913. See § 2143, post.
Id.; action upon undertaking where warrant is vacated.
$ 1325. If the warrant of attachment is vacated or annulled, the
defendant may maintain an action, upon the bond specified in the last
two sections, in his own name, in the same manner and with the like
effect as the plaintiff might have done if the warrant had remained in
full force.
Code Civ. Pro., § 2914. See § 2143, post.
Id.; return by marshal attaching.
$ 1326. The marshal executing the warrant of attachment must, at
the time when and place where it is returnable, make a return thereto,
under his hand, stating all his proceedings thereupon. He must deliver
to the clerk, with the return, each bond or undertaking delivered to him,
pursuant to any of the foregoing provisions of this article, and a cer-
tified copy of the inventory of the property attached. The return must
state the manner in which the warrant and inventory were served, and,
if they were served otherwise than by delivering a copy thereof to the
defendant personally, the reason therefor, and the name of the person
to whom the copy was delivered, unless his name is unknown to the mar-
shal; in which case the return must describe him so as to identify him,
as nearly as may be.
Code Civ. Pro., § 2915. See § 2143, post.
Id.; application to vacate or modify warrant of attachment.
§ 1327. A defendant, whose property has been attached, may, upon
the return of the summons, apply to the justice who granted the war-
rant of attachment to vacate or modify it, or to increase the plaintiff's
security. Such an application may be founded upon the papers upon
which the warrant was granted; or upon proof, by affidavit, on the part
of the defendant, or upon both. If it is founded upon proof on the
part of the defendant, it may be opposed by new proof, by affidavit, upou
the part of the plaintiff, tending to sustain any ground for the attache
ment, recited in the warrant, but no other. The justice may, upon the
return of the summons, or at any other time to which the action is
adjourned, vacate the warrant of attachment upon his own motion, it be
deems the papers upon which it was granted insufficient to authorize it.
Code Civ. Pro., § 2916. See § 2143, post.
APPENDIX VII.
983
Id.; effect of vacating warrant.'
$ 1328. Vacating the warrant of attachment does not affect the juris-
diction of the justice to hear and determine the action, where the defend-
ant has appeared generally in the action; or where the summons was
served personally upon him; or where judgment may be taken against
him, as being indebted jointly with another defendant, who has been
thus summoned or has thus appeared. In every other case the justice
who vacates a warrant of attachment against the property of a defendant
must dismiss the action as to him.
Code Civ. Pro., § 2917. See § 2143, post.
Id.; judgment where property has been attached.
§ 1329. Where the defendant has not appeared, and the summons has
not been personally served upon him, and property of the defendant has
been duly attached by virtue of a warrant, which has not been vacated,
the justice must proceed to hear and determine the action; but in an
action subsequently brought, the judgment is only presumptive evidence
of indebtedness, and the defendant is not barred from any counter-claim
against the plaintiff. The execution, issued upon a judgment so rendered,
must require the marshal to satisfy it out of the property so attached,
without containing a direction to satisfy it out of any other property.
Code Civ. Pro., § 2918. See § 2143, post.
Foreclosure of lien upon chattel. Warrant in action for.
§ 1330. In an action to foreclose a lien upon a chattel, if the plaintiff
is not in possession of the chattel, a warrant, commanding the proper
officer to seize the chattel, and safely keep it to abide the judgment,
may be issued, in like manner as a warrant of attachment may be issued
in an action founded upon a contract; and the provisions of law appli-
cable to a warrant of attachment issued out of the court apply to a war-
rant issued as prescribed in this section, and to the proceedings to
procure it, and after it has been issued; except as otherwise specified in
the judgment. A judgment in favor of the plaintiff, in such an action,
must correspond to a judgment rendered as prescribed in section seven-
teen hundred and thirty-nine of the Code of Civil Procedure, except that
it must direct the sale of the chattel by an officer to whom an execution
issued out of the court, may be directed; and the payment of the surplus,
if its safe-keeping is necessary, to the county treasurer for the benefit of
the owner.
Code Civ. Pro., § 1740. See § 2143, post.
Replevin. When action of can be brought.
§ 1331. An action to recover a chattel, with or without damages for
the wrongful taking, withholding, or detention thereof, can be brought
before a district court, in a case and subject to the qualifications speci-
fied in sections sixteen hundred and eighty-nine, sixteen hundred and
ninety, sixteen hundred and ninety-one, and sixteen hundred and ninety-
two, and subdivision seventh of section twenty-eight hundred and sixty-
two of the Code of Civil Procedure.
Code Civ. Pro., § 2919. See 2143, post.
984
APPENDIX VII.
Id.; affidavit and undertaking by plaintiff.
§ 1332. The plaintiff may, at the time when the summons is issued,
but not afterward, require the chattel to be replevied as prescribed in
sections thirteen hundred and thirty-three to thirteen hundred and forty-
five, inclusive. For that purpose, he must deliver to the justice an affi-
davit and an undertaking, similar in all respects to the affidavit and
undertaking required to be delivered to a sherifi, as prescribed in sections
sixteen hundred and ninety-five, sixteen hundred and ninety-seven, six-
teen hundred and ninety-nine, and seventeen hundred and twelve of the
Code of Civil Procedure; except that the sureties in the undertaking must
be approved by the justice.
Code Civ. Pro., § 2920. See $ 2143, post.
Id.; requisition by justice.
§ 1333. Upon receiving the affidavit and undertaking, the justice must
indorse upon or attach to the affidavit a written requisition, subscribed
by him, requiring the marshal to whom the summons in delivered, to
replevy the property described in the affidavit, on or before a day speci-
fied in the requisition, which must, except in the case of a non-resident
defendant, be at least six days before the return day of the summons.
The affidavit and requisition must be delivered to the marshal with the
summons.
Code Civ. Pro., § 2921. See § 2143, post.
Id.; how to be executed.
§ 1334. The marshal must execute the requisition, as a sheriff is
required to execute a requisition, in an action brought to recover a chat-
tel, as prescribed in sections seventeen hundred, seventeen hundred and
one, and seventeen hundred and two of the Code of Civil Procedure;
except that he must, save in the case of a non-resident defendant, serve
the summons, affidavit, and requisition within the time and in the man-
ner prescribed by section thirteen hundred and twenty-one of this act
for the service of a summons, warrant of attachment, and inventory.
Code Civ. Pro., § 2922. See L. 1884, ch. 409; $ 2143, post.
Id.; return to requisition.
§ 1335. The marshal must, on or before the return day of the sum-
mons, make a return to the requisition, under his hand, stating all his
proceedings thereupon; and file it, with the affidavit and requisition,
with the clerk. The return must state the manner in which the sum-
mons, affidavit, and requisition were served; and, if they were served
otherwise than by delivering the requisite copies to the defendant per-
sonally, the reason therefor, and the name of the person to whom the
copies were delivered, unless his name is unknown to the marshal; in
which case the return must describe him so as to identify him, as nearly
as may be.
Code Civ. Pro., § 2923. See § 2143, post.
Id.; defendant, when to except to sureties. Proceedings thereupon.
$ 1336. At any time after the chattel has been replevied, except in
-
APPENDIX VII.
985
the case of a non-resident defendant, and at least two days before the
return day of the summons, the defendant, unless he requires a return
of the chattel, may serve upon the plaintiff, or upon the marshal, a writ-
ten notice that he excepts to the plaintiff's sureties; otherwise he is
deemed to have waived all objections to them. If such a notice is served,
the sureties must justify upon the return of the summons; or the plain-
tiff must then give new undertaking to the same effect as the original
undertaking, with other sureties, who must then appear and justify
before the justice.
Code Civ. Pro., § 2924. See $ 2143, post.
Id.; defendant may reclaim chattel. Proceedings thereupon.
$ 1337. At any time before the return day of the summons, the defend-
ant may, if he does not except to the plaintiff's sureties, serve upon the
clerk a notice that he requires the return of the chattel replevied. With
the notice he must deliver to the clerk an affidavit and an undertaking,
similar, in all respects, to those required to be given by a defendant
upon requiring a return of a chattel, as prescribed in sections seventeen
hundred and four and seventeen hundred and twelve of the Code of Civil
Procedure, omitting the provision in the undertaking, “ or if thé action
abates in consequence of the defendant's death.” The sureties in the
undertaking must justify before the justice upon the return of the sum-
mons. If the plaintiff has stated separately in his affidavit the value of
one or more chattels or classes of chattels, as prescribed in section six-
teen hundred and ninety-seven of the Code of Civil Procedure, the defend-
ant may require a delivery of part of the property replevied, as prescribed
in that section.
Code Civ. Pro., § 2925. See g 2143, post.
Id.; justification of sureties.
$ 1338. Except as otherwise expressly prescribed in this title, the exami-
nation and qualifications of the sureties, and the allowance of the under-
taking, upon a justification pursuant to either of the last two sections,
must be the same as upon a justification of bail, as prescribed in sections
five hundred and seventy-nine, five hundred and eighty, and five hundred
and eighty-one of the Code of Civil Procedure, substituting the justice for
the judge; but after such allowance, the undertaking must be filed with
the clerk. The marshal is thereupon exonerated from liability.
Code Civ. Pro., § 2926. See § 2143, post.
Id.; when and to whom marshal to deliver chattel.
§ 1339. If the defendant neither excepts to the plaintiff's sureties nor
requires the return of the chattel, within the time prescribed for that
purpose; or if he fails to procure the allowance of his undertaking; or if
the plaintiff, after the defendant has excepted to his sureties, duly pro-
cures the allowance of his undertaking, the marshal must, except in the
case specified in the next section but one, immediately deliver the chattel
to the plaintiff. If the plaintiff, after the defendant has excepted to his
sureties, fails to procure the allowance of his undertaking; or if the
defendant, after he has required the return of the chattel, procures the
986
APPENDIX VII.
allowance of his undertaking, the constable. must immediately deliver
the chattel to the defendant.
Code Civ. Pro., § 2927. See § 2143, post.
Id.; penalty for wrong delivery by marshal.
§ 1340. The marshal who delivers to either party, without the consent
of the other, a chattel replevied by him, except as prescribed in the last
section, or by virtue of an execution issued upon a judgment in the
action, forfeits to the party aggrieved the sum of one hundred dollars,
and is also liable to him for all damages which he sustains thereby.
Code Civ. Pro., § 2928. See § 2143, post.
Id.; claim of title by third person.
§ 1341. The provisions regulating the proceedings, where a person, not
a party, claims property which has been replevied, and the rights of such
a person, and of the sheriff, as prescribed in sections seventeen hundred
and nine, seventeen hundred and ten, seventeen hundred and eleven, and
seventeen hundred and twelve of the Code of Civil Procedure, apply to
a like case in an action, brought as prescribed in this title, substituting
the marshal for the sheriff; except that service of a notice and a copy of
the claimant's affidavit, upon the plaintiff's attorney, as prescribed in
section seventeen hundred and nine of said act, must be made either
upon the plaintiff personally, or upon the attorney who appears for him
before the justice; and that the sum specified in the undertaking, given
by the plaintiff to the marshal, need not exceed, in any case, three
- hundred dollars.
Code Civ. Pro., § 2929. See 2143, post.
Id.; defendant may demand judgment for return of chattel.
§ 1342. Where a chattel has been replevied, and the defendant has not
required the return thereof, pending the action, as prescribed in the fore-
going sections, he may, in his answer, demand judgment for the return
thereof, either with or without damages for the taking, withholding, or
detention.
Code Civ. Pro., § 2930. See § 2143, post.
Id.; actions on the undertaking.
§ 1343. Section thirteen hundred and seventy.three, section seventeen
hundred and thirty-one, excluding subdivision first thereof, and sections
seventeen hundred and twenty-two, seventeen hundred and twenty-six,
seventeen hundred and thirty, seventeen hundred and thirty-two, seven-
teen hundred and thirty-three, seventeen hundred and thirty-four, and
seventeen hundred and thirty-five of the Code of Civil Procedure, sub-
stituting the marshal for the sheriff, apply to the proceedings in an
action in a district court to recover a chattel, and to an action against
the sureties in an undertaking given therein, except as otherwise
specially prescribed in this title.
Code Civ. Pro., § 2931. See § 2143, post.
APPENDIX VII.
987
Id.; proceedings where summons not personally served.
$ 1344. Where the defendant does not appear, and the summons has
not been personally served upon him, and a chattel, or part of a chattel,
to recover which the action is brought, has been replevied, and the pro-
ceeding's thereupon have been duly taken, as prescribed in this title, the
justice must proceed to hear and determine the action, with respect to
that chattel, or part of a chattel; or, if the action is brought to recover
two cr more chattels, with respect to those which have been replevied,
in like maner and with like effect as if the summons had been personally
served.
Code Civ. Pro., § 2932. See $ 2143, post.
Id.; when action not affected by failure to replevy.
§ 1345. Where the summons has been personally served upon the
defendant, or where he appears, the justice must proceed to hear and
determine the action, although the plaintiff has not required the chattel
to be replevied, or the marshal has not been able to replevy it.
C de Civ. Pro., § 2933. See § 2143, post.
Pleading. To take place on return of summons. Verified complaint.
§ 1346. The pleading must take place at the time the summons is
returned served, or at such other time as the justice may direct. In an
action brought to recover upon or for the breach of a contract, express
or implied, the plaintiff may serve upon the defendant, with the sum-
mons, and in like manner, a copy of a written complaint, verified in like
manner as a verified pleading in the supreme court.
Code Civ. Pro., 88 3126, 3207. See $ 2143, post.
Id.; certain sections of Code of Civil Procedure made applicable.
§ 1347. Sections twenty-eight hundred and ninety-one, twenty-eight
hundred and ninety-two, twenty-nine hundred and thirty-five, twenty-
nine hundred and thirty-six, twenty-nine hundred and thirty-eight,
twenty-nine hundred and thirty-nine, twenty-nine hundred and forty,
twenty-nine hundred and forty-one, twenty-nine hundred and forty-two,
twenty-nine hundred and forty-three, and twenty-nine hundred and
forty-four of the Code of Civil Procedure apply to these courts, except as
in this title otherwise expressly provided.
L. 1857, ch. 344, § 48 (Comp. 1340); L. 1880, ch. 245, § 3.
Id.; pleadings in actions on bastardy bonds.
§ 1348. The pleadings and proceedings in actions in which the people
of this state are a party, where such actions are brought by the overseers
of the poor or the commissioners of public charities and correction upon
bastardy or abandonment bonds, shall be the same as in actions brought
on bonds with conditions other than for the payment of money, and for
any breaches of the condition of such bond given in cases of bastardy
which shall happen after the recovery of any damages or the commence-
ment of any suit, the district court in which the suit was originally
brought shall have power to issue a new summons, and upon the return
988
APPENDIX VII.
thereof, to ascertain the amount of damages arising from said breach,
and to give judgment accordingly; and in suits upon bonds given in
abandonment cases, the justice holding such court shall have the same
power as to requiring further security or committing defendant in
default thereof, as are conferred by law upon the judges of courts of
record in similar cases.
L. 1862, ch. 389, § 1 (Comp. 1351).
Answer of title.
§ 1349. The defendant may, either with or without other matter of
defense set forth in his answer facts showing that the title to real prop-
erty will come in question. Such an answer must be in writing; and it
must be signed by the defendant, or his attorney or agent, and delivered
to the justice. The justice must thereupon countersign the answer and
deliver it to the plaintiff.
Code Civ. Pro., § 2951. See $ 2143, post.
Id.; defendant on getting up, to deliver undertaking.
$ 1350. In the case specified in the last section, the defendant must
also deliver to the justice, with the answer, a written undertaking,
executed by one or more sureties, approved by the justice, to the effect
that, if the plaintiff, within twenty days thereafter, deposits with the
justice a summons and complaint in a new action, for the same cause,
to be brought in the proper court, as prescribed in the next section, the
defendant will, within twenty days after the deposit, give a written ad-
mission of the service thereof. Where the defendant was arrested in the
action before the justice, the undertaking must further provide that he
will at all times render himself amenable to any mandate which may be
issued to enforce a final judgment in the action so to be brought. If
the defendant fails to comply with the undertaking, the sureties are
liable thereupon to any amount for which judgment might have been
rendered by the district court, if the answer and undertaking had not
been delivered.
Code Civ. Pro., $$ 2952, 3212. See $ 2143, post.
Id.; new action to be brought in supreme court.
$ 1351. The court in which a new action is to be brought, as prescribed
in the last section, is the supreme court.
Code Civ. Pro., § 2953. See 8 2143, post.
Id.; old action thereupon discontinued.
§ 1352. Upon the delivery of the undertaking to the justice, the action
before him is discontinued, and each party must pay his own costs. The
costs so paid by either party must be allowed to him, if he recovers costs
in the new action, to be brought as prescribed in the last two sections.
If the plaintiff fails to deposit with the justice a summons and complaint
in the new action, before the expiration of twenty days after the delir-
ery of the undertaking, the defendant may maintain an action against
the plaintiff to recover his costs before the justice.
Code Civ. Pro., § 2954. See § 2143, post.
APPENDIX VII.
989
Id.; penalty for failure to deliver undertaking.
$ 1353. If the undertaking is not delivered to the justice, he has juris-
diction of the action, and must proceed therein; and the defendant is
precluded, in his defense, from drawing the title in question.
Code Civ. Pro., § 2955. See § 2143, post.
Id.; title appearing from plaintiff's own showing.
§ 1354. If, however, it appears upon the trial, from the plaintiff's own.
showing, that the title to real property is in question, and the title is
disputed by the defendant, the justice must dismiss the complaint, with
costs, and render judgment against the plaintiff accordingly.
Code Civ. Pro., § 2956. See § 2143, post.
Id.; same cause of action, and defense in new action.
§ 1355. In the new action, to be brought after an action before a jus-
tice is discontinued, by the delivery of an answer and an undertaking,
as prescribed in the last six sections, the plaintiff must complain for the
same cause of action only upon which he relied before the justice, and
the defendant's answer must set up the same defense only which he
made before the justice. If the action is to recover a chattel which was
replevined in the justice's court, each undertaking, given in the justice's
court, continues to be valid in, and is applicable to, the new action.
Code Civ. Pro., § 2957. See § 2143, post.
Id.; answer of title interposed as to only one or more of several
defenses. Proceedings thereupon.
§ 1356. Where, in an action before a justice, the plaintiff has two or
more causes of action, and the defense, that the title to real property
will come in question is interposed, as to one or more, but not as to all
of them, the defendant may deliver an answer and undertaking as pre-
scribed in sections thirteen hundred and forty-nine and thirteen hundred
and fifty of this act, with respect to the cause or causes of action only,
in which title will so come in question. Whereupon the justice must
discontinue the action as to those causes of action only; the plaintiff
may commence a new action therefor in the proper court; and the
original action must proceed as to the other causes.
Code Civ. Pro. 2958. See $ 2143, post.
Summary proceedings. When application to be made. Marshal to
serve papers.
$ 1357. Application for the removal of a person from real property, as
prescribed in title two of chapter seventeen of the Code of Civil Pro-
cedure, may be made to the district court of the district within which
the property, or a portion thereof, is situated. Every precept in sum-
mary proceedings to dispossess tenants shall be served and executed by
a marshal of said city, except as provided in section thirteen hundred
and one of this act.
Code Civ. Pro., § 2234; L. 1862, ch. 484, § 4, amd. L. 1879, ch. 102 (Comp.
1352). See L. 1880, ch. 245, § 3; L. 1884, ch. 405.
990
APPENDIX VII.
Id.; proceedings upon return of precept.
§ 1358. The petition must be filed with, and the precept must be issued
by the clerk of the court; and the precept must be made returnable
before the court, at the place designated, pursuant to law, for the hold-
ing court; and all subsequent proceedings in the cause must be had at
that place, except as otherwise prescribed in the next section but one.
If, upon the return of the precept or upon an adjourned day, the justice
is unable, by reason of absence from the court-room or sickness, to hear
the cause, and it is not adjourned by the clerk in accordance with sec-
tion twelve hundred and ninety-two of this act, or it is shown by affidavit
that he is for any reason disqualified to sit in the cause, or is a neces-
sary and material witness for either party, a justice of any other district
court of the city may act in his place at the same court-room.
· Code Civ. Pro. §.2239. See § 2143, post; Deutermann v. Wilson, 14
Daly, 563.
Id.; answer may be filed.
$ 1359. At the time when the precept is returnable, without waiting
as prescribed in an action in the district court, the person to whom it is
directed, or his landlord, or any person in possession or claiming posses-
sion of the premises, or a part thereof, may file, with the judge or justice
who issued the precept, a written answer, verified in like manner as
a verified answer in an action in the supreme court, denying generally
the allegations, or specifically any material allegation of the petition.
Code Civ. Pro., § 2244. See L. 1882, ch. 399; § 2143, post.
Id.; cause may be transferred to another district court for trial.
§ 1360. At the time of joining issue, the justice sitting in the cause
inay, in his discretion, upon motion of either party, or, if no justice is
present, the clerk may, by consent of both parties, make an order trans-
ferring the cause for trial, to a district court of an adjoining district,
which thereupon has the same jurisdiction and power, at its own court-
house, as if the property was situated within its district.
Code Civ. Pro., § 2246. See $ 2143, post.
Exhibition of accounts at instance of adverse party may be ordered.
$ 1361. The court may at the time of pleading, or at any other time
before the trial, require the plaintiff or defendant to exhibit to the
inspection of the adverse party, with liberty to copy the same, any writ-
ing or account declared on or set up in the way of offset or counter-
claim, or if not so exhibited, may prohibit its afterward being given in
evidence.
L. 1857, ch. 344, § 24 (Comp. 1336).
Adjournments limited as to time. Effect upon arrest.
$ 1362. The trial of the action may be adjourned by the court, or on
the application of either party, for a period not exceeding eight days at
any one adjournment, unless the defendant is under arrest, in which
case it shall not be adjourned to exceed forty-eight hours, except by
APPENDIX VII.
991
consent of the defendant; and adjournment for more than forty-eight
hours in such cases, except on application of the defendant, or by his
consent, discharges the defendant from custody, but the action may pro-
ceed, notwithstanding such discharge, and the defendant shall be subject
to arrest on the execution, in the same manner as if he had not been so
discharged. The trial may be adjourned for a longer period by consent,
ol where neither party objects to the same.
Id., $ 25 (Comp. 1336). See Rawson v. Grow, 4 E. D. Smith, 18.
Id.; undertaking by arrested defendant on applying for adjournment.
$ 1363. If the application for the adjournment of the trial be on the
part of the defendant under actual arrest, before it can be granted he
must execute an undertaking, with one or more sufficient sureties, to be
approved by the justice, which approval must be indorsed on the under-
taking, to the effect that he will appear on the adjourned day, and not
depart until duly discharged according to law, or until after the trial and
judgment, and that he will surrender himself into custody if any execu-
tion be issued upon the judgment when obtained against him in the
action.
Id., § 26 (Comp. 1337). See :$ 1315, ante.
Id.; adjournment on application of either party. Undertaking.
§ 1364. An adjournment may be had either at the joining of issue, or
at any subsequent time to which the cause may stand adjourned on
application of either party, for a period longer than eight days, but not
to exceed ninety days from the return of the summons, upon executing
an undertaking in writing, with one or more sufficient sureties, to the
effect that he will pay to the plaintiff or defendant the damages, costs,
and extra costs, in case judgment shall be rendered against him in the
action, upon proof by the oath of the party or otherwise, to the satis-
faction of the justice, that such party cannot be ready for trial before
the time to which he desires an adjournment, for the want of material
evidence, describing it; that the delay has not been made necessary by
any act or neglect on his part since the action was commenced, and that
he expects to procure the evidence at the time stated by him. All bonds
taken upon the adjournment of any cause shall be good and valid against
the obligor or obligers, although subsequent adjournments are had after
the execution of such bond or obligation.
Id., § 27; L. 1813, ch. 86, § 148. See Irroy v. Nathan, 4 E. D. Smith, 68.
Id.; conditions may be imposed by justice.
§ 1365. The justice may impose upon the party applying for an
adjournment such conditions as to him may seem reasonable.
Id., § 28 (Comp. 1337).
Dismissal of action for plaintiff's failure to appear.
$ 1366. If the plaintiff fail to appear at the return of the summons and
make his complaint, the action must be dismissed.
Id., § 28 (Comp. 1337).
992
APPENDIX VII.
Defaults may be opened.
§ 1367. The court, or any justice holding the same, may at any time,
upon motion made upon such notice as the justice may direct, open any
default, and set aside, vacate or modify any judgment entered thereon,
and set the cause down for pleading, hearing or trial as the case may
require upon such terms and conditions as the court or justice may deem
proper. A motion to set aside the verdict of a jury and vacate or modify
a judgment rendered in an action thereon in the said district courts, or to
vacate or modify any judgment rendered upon a trial by the court with-
out a jury, may be made for the causes specified in section nine hundred
and ninety-nine of the Code of Civil Procedure. Notice of such motion
of not less than five days nor more than eight days shall be given to the
adverse party or his attorney, within five days after the rendition of the
verdict, or the entry of the judgment, and if such motion be granted,
the justice who presided at the trial shall make an order setting aside the
verdict, or vacating the judgment, and awarding a new trial, and setting
the cause down for trial for a time to be specified in the order, or modi-
fying the judgment as the case may require. An order of a justice open-
ing a default and setting aside, vacating or modifying a judgment entered
thereon, or an order setting aside the verdict of a jury and vacating or
modifying a judgment entered thereon, or an order vacating or modify-
ing a judgment rendered by a justice without a jury, shall recite and
contain the grounds for the order, and from the order an appeal shall lie
as from a judgment in said court. Sections seven hundred and twenty-
three to seven hundred and twenty-eight, inclusive, of the Code of Civil
Procedure, shall apply and relate to, and govern the said district courts.
Said justice may award such costs, not exceeding ten dollars, as a con-
dition for opening any such default, or vacating, modifying or setting
aside any such judgment against any party to the action, as in his dis-
cretion shall be just and proper. He may likewise, as a condition for
opening any default or vacating, modifying or setting aside any judg-
ment, order any defendant in default to give an undertaking with suffi-
cient sureties to the effect that such defendant will not sell, assign, or
transfer any of his property with intent to hinder, delay or defraud the
plaintiff in the collection of his claim or demand, if the plaintiff shall
prevail on the trial of such action, and that such defendant or his sure-
ties will pay the amount of any judgment recovered against such defend-
ant in such action. (As amended by L. 1896, ch. 748, § 1.)
L. 1862, ch. 484, § 16 (Comp. 1352). See People v. Campbell, 18 Abb.
Pr. 1; Edel v. McCone, 10 N. Y. Supp. 538.
Commissions to take testimony. Provisions of Code of Civil Procedure
made applicable.
§ 1368. Sections twenty-nine hundred and eighty to twenty-nine hun-
dred and eighty-seven, inclusive, of the Code of Civil Procedure apply
to these courts, but the power and authority therein given is extended
so as to authorize the issuing of commissions to take the testimony ot
witnesses residing out of this state, except as in this title otherwise
expressly provided.
L. 1857, ch. 344, 30 (Comp. 1337). L. 1880, ch. 245, § 3. .
APPENDIX VII.
993
Testimony de bene esse.
$ 1369. Whenever any action pending in either of said courts shall be
commenced by the actual service of process, or when the defendant shall
have appeared in the action, either party may have the testimony of any
witness who is about to leave the city and county of New York, and will
probably continue absent, when the testimony is required, taken condi-
tionally, to be used on the trial of such action, in the same manner and
with like effect as provided by sections eight hundred and seventy-one
to eight hundred and eighty-three, inclusive, of the Code of Civil Fro- :
.cedure, which apply to those courts, except as in this title otherwise
expressly provided.
Id. 31 (Comp. 1337). L. 1880, ch. 245, g 3.
Subpoenas.
§ 1370. Subpoenas requiring witnesses to appear and testify on the
trial of an action, on the demand of either party, shall be issued out of
these courts by the clerks thereof, in the same form and served in the
same manner as subpoenas issued out of a court of record, but shall not
be served out of the city and county of New York, or an adjoining county
thereto, and for neglect or refusal to attend and testify as required by
such subpoenas, such witnesses may be attached and punished in the
manner provided by law for punishing similar neglect or refusal in courts
of record; witnesses are entitled to twenty-five cents for each day's
attendance on the trial of an action.
Id. § 32 (Comp. 1338).
Trial jurors. List of, to be furnished to clerk of each district court.
§ 1371. A list of trial jurors for each of the district courts must be
selected by the commissioner of jurors, and must consist of not less than
fifty, nor more than one hundred jurors. A person shall not be placed
upon such a list who does not reside in the district in which the court is
held. The commissioner of jurors shall, on or before the first Monday
of September in each and every year, furnish the clerk of each of these,
courts with a list of the names, residence, and occupation of the persons
liable to do jury duty, and who are borne upon said list. The clerk of
the court who shall receive such jury list must write on a slip of paper
the name of each of the persons so furnished, and place the same in a
box, to be called the undrawn jury box. The judge of each district court
must impose a fine of twenty-five dollars upon each person duly drawn
and notified to attend the court as a trial juror, who fails to attend as
required by the notice. The clerk of the court must, within ten days
thereafter, transmit to the commissioner of jurors a certificate showing
that the fine has been so imposed, and stating how the notice to attend
was served upon the delinquent, in order that the same proceedings may
be had as in the case of a delinquent juror in a court of record. A judge
or a clerk who violates this section forfeits one hundred and fifty dollars
for each offense.
Code Civ. Pro., § 1111. L. 1857, ch. 344, § 33 (Comp. 1338). See § 2143,
post.
994 -
APPENDIX VII.
Trial by jury. Drawing the jury.
§ 1372. A trial by jury must be demanded at the time of the joining
of an issue of fact, and is waived if neither party then demand it; when
demanded, the trial of the case may be adjourned until the time fixed
for the return of the jury. The clerk in each action or special proceed-
ing in which a jury trial is to be had, must publicly draw twelve persons
from the undrawn jury box, and deliver the list thereof to a marshal,
or to a person deputed by the justice for that purpose, with a written or
printed notice directed to each person named in the list, requiring him
to attend as directed, as a juror, at a time specified therein, out of which
number six of the persons attending shall be drawn to try the cause,
provided that number appear. When an issue of fact has been joined
in an action or special proceeding, and a trial by jury has not been
demanded the justice may in his discretion at any stage of the action or
proceeding, direct that a trial thereof be had by jury, and a trial by jury
sball thereupon be had in the same manner as though either of the parties
had demanded it, but the justice shall require the fees for the jurors,
and for summoning them, to be paid before the rendition of judgment,
by the party in whose favor the verdict is rendered, to be taxed as part
of the costs. If after a trial shall have been had before the justice with-
out a jury, the justice shall, within eight days after the submission of
the case or proceeding, certify that the evidence is of such a conflicting
nature that he has been unable to determine the issue of fact, and that
he deems it proper that the same should be tried by jury, he may, by an
order, set the same down for trial by a jury for a day not more than
eight days from the time of the making of the order, and thereupon the
action or proceeding shall be continued in court, and tried by jury as
herein before provided in the case where a trial by jury is ordered by
the justice before the trial. (As amended by L. 1891, ch. 378.).
L. 1857, ch. 344, § 34 (Comp. 1338).
Id.; jury may be summoned. Fee.
$ 1373. But in all cases where both parties to any action shall assent
thereto, or where any party shall have claimed and the other shall assent
thereto, the justice of said court shall order a jury of twelve men to be
summoned to try the issues. In such case the clerk shall draw twenty-
four names, and the same shall be summoned in the same manner as in
other cases required by law, and twelve of such number shall be drawn
to try the cause. The jury fee to be deposited in such cases shall be
six dollars, besides the officer's fees for summoning the jury.
L. 1869, ch. 410, § 1 (Comp. 1354).
Id.; how jury summoned. Notice.
§ 1374. The officer or the person deputed, as in the last section but
one provided, must thereupon immediately summon each person named
in the list, by giving him the notice mentioned in the last section but
one personally, or by leaving it at his place of residence, with some per-
son of suitable age and discretion, and must return the list to the court,
at its opening, on the day for which the jury was drawn, specifying the
persons summoned, and the manner in which each was notified.
L. 1857, ch. 344, § 35 (Comp. 1338).
APPENDIX VII.
995
Id.; talesmen.
& 1375. If a sufficient number of competent and indifferent jurors do
not attend, the justice must direct to be summoned from the vicinity
sufficient to complete the jury by a marshal or a person deputed for that
purpose.
Id. § 37 (Comp. 1339).
Id.; ballots of jurors summoned but not drawn.
§ 1376. The ballots containing the names of the jurors summoned and
not drawn must be returned by the clerk to the undrawn jury box, to be
drawn as in the first instance. The ballots containing the names of the
jurors who served must be placed in a box to be called the drawn jury
box, until all the other names have been drawn therefrom, and, as often
as that happens, the whole number must be returned to the undrawn
jury box, as in the first instance.
Id. § 38 (Comp. 1339).
Id.; party demanding jury to deposit trial fee.
$ 1377. Before a party can be entitled to a jury, he must deposit with
the clerk at the time he demands a trial by jury, the sum of three dol-
lars and the officer's fees for summoning the jury, from which the clerk
must refund to the party the fees of all jurors who do not attend, which
jurors' fees not refunded and the officer's fees must be included in the
judgment, as part of the costs, in case the party calling the jury recover
judgment.
Id. § 39 (Comp. 1339).
Id.; adjournments after return of jury.
§ 1378. No adjournment can be granted after the return of the jury
unless the party requiring the same, in addition to the other conditions
imposed upon him, deposit with the clerk to be immediately paid to the
jurors attending, the sum of twenty-five cents each, which amount in no
case is to be included as part of the costs in the judgment.
Id. $ 40 (Comp. 1339).
Id.; juror's qualifications tried summarily.
§ 1379. If either party objects to the competency of a juror, the ques-
tion thereon must be tried in a summary manner by the justice who
may examine the jurors or other witnesses on oath.
Id. § 41 (Comp. 1339).
Id.; verdict. Requisites.
§ 1380. The verdict of the jury must be general for the plaintiff for
a specific sum, or for the defendant, or where there is a counter-claim or
set-off proved for the defendant in a specified sum, but when there are
sereral plaintiffs or defendants, the verdict may be for or against one
or more of them, and the judgment must be entered therein immediately
after the rendering of the verdict.
Id. § 42 (Comp. 1339).
996
APPENDIX VII.
Id.; swearing the jury.
§ 1381. The swearing of the jury, and the mode of conducting the trial,
are the same in these courts as they are in courts of record.
Id. § 44 (Comp. 1339).
Nonsuit, when authorized.
§ 1382. Judgment that the action be dismissed, with costs, without
prejudice to a new action, shall be rendered in the following cases:
1. Where the plaintiff voluntarily discontinues the action before it is
finally submitted.
2. When he fails to appear at the time specified in the summons or
upon adjournment.
3. When it is objected at the trial, and appears by the evidence that
the action is brought in the wrong district, or by a plaintiff not a resi-
dent in the county, without giving the security required by this title, or
that the court has not jurisdiction; but if the objection be taken and
overruled, it is cause only of reversal on appeal, and does not otherwise
invalidate the judgment; if not taken at the trial it is waived, and the
court will be deemed to have jurisdiction.
4. Where the plaintiff does not prove his cause of action.
Id. $ 45 (Comp. 1339). See Baer v. Kempner, 15 Daly, 110; s. C., 22 N. Y.
State Rep. 37; Brooks v. Dinsmore, 15 Daly, 428; S. C., 8 N. Y. Supp. 103.
Judgment for plaintiff on default.
$ 1383. When the defendant fails to appear and answer, judgment
must be given for the plaintiff, as follows:
1. In a case where a written complaint has been served with the sum-
mons in accordance with the foregoing provisions of this title, unless the
defendant, upon the return of the summons, or, if the cause has been
adjourned by the clerk in accordance with law at the time to which it
was adjourned, files a written answer, verified in like manner, denying
one or more material allegations, or, generally, each allegation of the
complaint, or setting forth new matter, constituting one or more
defenses or counter-claims, the justice must render judgment in favor of
the plaintiff, for the sum claimed in the complaint, with costs, without
putting the plaintiff to any proof. The provisions of this section apply,
where the action is against two or more defendants jointly indebted, and
the summons and a copy of the complaint are served upon one or more,
but not upon all of them; in which case, judgment may be taken, as
prescribed in this section, against all the defendants, in like manner and
with like effect as a judgment taken as prescribed in section three thou-
sand and twenty of the Code of Civil Procedure...
2. In other cases the justice must hear the evidence of the plaintiff,
and render judgment for such sum only as shall appear by the evidence
to be just, but in no case to exceed the sum specified in the summons.
Id., § 46 (Comp. 1340); Code Civ. Pro., § 3126. See § 2143, post.
Issues of fact and law. Judgment, within what time to be rendered.
8 1384. Upon the issue of fact joined, if a jury trial be not demanded,
as required by this title, the justice must hear the evidence, and decide
APPENDIX VII.
997
all questions of fact and law, and render judgment accordingly within
eight days from the time the same is submitted to him for that purpose,
except when the defendant is under arrest, and has not given security
for his appearance; in such case the justice shall render his judgment
immediately after the close of the trial. All issues of law shall be heard
and decided by the judge, without a jury.
Id., § 47 (Comp. 1340). See Berrian v. Olmstead, 4 E. D. Smith, 279;
Wiseman v. Panama R. R. Co., 1 Hilton, 300; Bloomer v. Merrill, 1 Daly,
485; Dalton v. Loughlin, 4 Abb. N. C. 187; Frost v. Kopp, 13 Civ. Pro. 377.
Judgment where sum due exceeds jurisdictional amount.
§ 1385. Where the amount found due to either party exceeds the sum
for which the justice is authorized to enter judgment, such party may
remit the excess, and judgment may be entered for the residue.
Id., § 49 (Comp. 1340).
Judgment where defendant liable to arrest.
§ 1386. When a judgment is rendered in a case where the defendant
is subject to arrest and imprisonment thereon, it must be so stated in
the judgment and entered in the docket.
Id., $ 50 (Comp. 1340). See Coles v. Hannigan, 8 Daly, 43; Stern v. Moss,
1. Id. 516; Carpenter v. Willett, 31 N. Y. 90; more fully reported, 28 How.
Pr. 225.
Actions may be continued before another justice.
$ 1387. The trial of an action or special proceeding may be continued
from day to day or from one day to any other day or days until the
same is finished. A special proceeding commenced before one justice
may be continued before any other justice having jurisdiction of the
subject-matter, the same as though it had been originally commenced
before him. A transcript of any proceedings had before either of said
justices, or of any paper filed with the clerk, or of the minutes of any
testimony taken by or before said justice, certified by the clerk to be
correct, shall be presumptive evidence of the facts therein contained.
Id., § 78 (Comp. 1346).
Powers of justice while trying action.
§ 1388. The justice, when actually engaged in the hearing or trial of
any special proceeding, shall have all the power and authority that are
conferred on these courts by section fourteen hundred and fifteen, and
he may compel the attendance of witnesses on the trial of such special
proceeding the same as if it was the trial of an action pending in a court
of record, except that when the proceedings are before him as such, and
not before the court, subpoenas shall be signed by the justice, and he is
authorized to punish witnesses for neglect to attend the same, as courts
of record are authorized to do.
. Id., $ 79 (Comp. 1346).
998
APPENDIX VII.
Id.; limited to civil jurisdiction.
§ 1389. No justice of a district court shall exercise any power or author-
ity appertaining to any police justice except as otherwise specially,
provided in this title.
L. 1873, ch. 538, § 1 (Comp. 1397).
Death or removal of justice not to impair proceedings, etc.
· § 1390. No process, suit, judgment, execution, or proceeding had before
either of the courts held by either of the said justices shall abate or be
discontinued by reason of the death, removal from office, or vacancy in
office of any justice, but the respective successors in office of the said
justices shall proceed to hear, try, determine, and give judgment in and
upon the same, and upon all matters and things pending before and unde-
cided by teir predecessor in office, with the same powers, jurisdiction,
and authority as their predecessors had.
L. 1837, ch. 481, § 6 (Comp. 1355). See Rodding v. Kane, 14 Daly, 535.
Justice may administer oaths, take acknowledgments, etc.
$ 1391. Superseded by $ 1379 of the Greater New York Charter, ante.
Transcripts of judgments and docketing.
§ 1392. The clerk of the court in which a judgment is rendered, except
in an action to recover a chattel, must, upon the application of the party
in whose favor the judgment was rendered, and payment of the fee
therefor, deliver to him a transcript of the judgment. The county clerk
of the county in which the judgment was rendered must, upon the
presentation of the transcript, and payment of the fees therefor, indorse
thereupon the date of its receipt, file it in his office, and docket the judg-
ment, as of the time of the receipt of the transcript, in a book kept by
him for that purpose, as prescribed in article third of title first of chapter
eleventh of the Code of Civil Procedure. Thenceforth the judgment is
deemed a judgment of the court of common pleas, and must be enforced
accordingly; except that an execution can be issued thereupon, at the
option of the judgment creditor, either by the county clerk, as prescribed
by section thirty hundred and forty-three of the Code of Civil Procedure,
directed to the sheriff, or by the clerk of the district court, directed to
a marshal. In case the execution is issued to a marshal, it must be in
the same form and executed in the same manner as if the judgment had
not been so docketed. The judgment is not a lien upon, and cannot be
enforced against real property, unless it is for twenty-five dollars or
more, exclusive of costs.
Code Civ. Pro., § 3017. See $ 2143, post.
Execution. Against the person.
$ 1394*. If the action, in which the judgment is rendered, is one of the
actions specified in subdivision first or second of section twenty-eight
hundred and ninety-five of the Code of Civil Procedure, or if an order of
arrest was granted, and was executed, in a case specified in subdivision
* So in the original.
APPENDIX VII.
999
third of that section, and, in either case, if the defendant is a male per-
son, there must be inserted in each transcript given, as prescribed in the
last section, the words,“ defendant liable to execution against his per-
son; ” and a like note must also be made in the docket of the judgment
made by the county clerk.
Id., $ 3018. See § 2143, post.
Id.; replevin.
§ 1394. The clerk of the court in which a judgment is rendered for
a chattel, which has been delivered to the unsuccessful party, or for the
value thereof, in case a return thereof cannot be had, must, where the
value exceeds twenty-five dollars, upon the application of the party in
whose favor the judgment was rendered, and payment of the fee therefor,
deliver to him a transcript of the judgment, stating the particulars
thereof. The county clerk of the county in which the judgment was
rendered must, upon the presentation of the transcript, and payment of
the fees therefor, indorse thereupon the date of its receipt, file it in his
office, and docket the judgment, as of the time of the receipt of the
transcript, in' a book kept by him for that purpose, as prescribed in
article. third of title first of chapter eleventh of the Code of Civil Pro-
cedure, and must also enter in the docket the particulars of the judg-
ment, as stated in the transcript. Thenceforth the judgment is deemed
å judgment of the court of common pleas, and must be enforced accord-
ingly; except that an execution can be issued thereupon only by the
county clerk, as prescribed in section thirty hundred and forty-three of
said Code.
Id., § 3019. See § 2143, post.
Id.; action against joint debtors.
§ 1395. Where an action is brought against two or more persons,
jointly indebted on contract, and the summons is served upon one or
more, but not upon all of them, if the plaintiff recovers judgment, it must
be entered against all, in the mode prescribed in section nineteen hundred
and thirty-two of the Code of Civil Procedure. Sections' nineteen hundred
and thirty-three, nineteen hundred and thirty-four, and nineteen hundred
and thirty-five, thereof, apply to such a judgment, and to each execution
issued thereupon; except that, where the clerk of the court or the county
clerk issues the execution, he must make the indorsement prescribed in
section nineteen hundred and thirty-four thereof.
Id., $ 3020. See 2143, post.
Id.; defendants not summoned to be designated.
§ 1396. The clerk who gives a transcript of a judgment, taken as pre-
scribed in the last section, must distinctly designate, in the transcript,
each defendant who was not summoned. Thereupon the clerk who dock-
ets the judgment must make in the docket, under or opposite the name
of each defendant not summoned, an entry, as prescribed in section nine-
teen hundred and thirty-six of the Code of Civil Procedure; and the pro-
visions of that section apply to the judgment so docketed. An action
upon a judgment so docketed can be maintained in a district court
1000
APPENDIX VII.
against the defendants summoned, only in a like case, and with like
effect, as if they were the only defendants in the original action. Ån
action may be maintained against the defendants not summoned, as pre-
scribed in section nineteen hundred and thirty-seven thereof, in any court
having jurisdiction thereof; and the plaintiff is entitled to costs, upon
recovering final judgment therein, where the sum remaining unpaid is
twenty-five dollars or more.
Id., $ 3021. See § 2143, post.
Id.; docketing judgment in another county.
$ 1397. The county clerk with whom a transcript is filed, as prescribed
in either of the foregoing sections of this title, must furnish to any per-
son applying therefor, and paying the fees allowed by law, one or more
transcripts of the docket of the judgment, attested by his signature.
A county clerk, to whom such a transcript is presented, must, upon pay-
ment of the fees therefor, immediately file it, and docket the judgment
in the appropriate docket-book kept in his office, in like manner as the
judgment was docketed by the first county clerk. The judgment, when
docketed as prescribed in this section, has the like effect, with respect to
the enforcement thereof, or any proceedings thereunder, or by virtue
thereof, in the county where it was so docketed, as if it was rendered by
a justice of the peace of that county, and docketed upon filing his trans-
cript; except that where an application for leave to issue an execution is
necessary, it must be made to the county court of the county where the
judgment was rendered.
Id., § 3022. See § 2143, post.
Id.; judgment against marshal.
$ 1398. Whenever any judgment shall be rendered against any marshal
or his sureties in any of the district courts, a transcript thereof shall be
filed in the office of the clerk of the court of common pleas, and from the
filing of such transcript such judgment shall be deemed to be a judgment
of such court, and shall be enforced in the same manner as other judg-
ments of said court. And no execution on such judgment shall issue to
any other officer than the sheriff of the city and county of New York,
and all such executions must be made returnable to the clerk of said
court.
L. 1862, ch. 484, § 8 (Comp. 1476).
Execution. Requisites.
§ 1399. The execution, whén issued out of the district court, must be
directed to a marshal, subscribed by the clerk of the court in which the
judgment was rendered, or by his successor in office, and must bear date
of the day of its delivery to the officer to he executed. It must intelligi-
bly refer to the judgment by stating the names of the justices before
whom, and the district where, and the time when rendered, and the
amount of the judgment, and if less than the whole is due, the true
amount due thereon. It must require of the marshal substantially as
follows:
1. If it be a case where the defendant cannot be arrested, it must direct
APPENDIX VII.
1001
the officer to collect the amount of the judgment, or the amount due
thereon, out of the personal property of the debtor, and to pay the same
to the party entitled thereto.
2. If it be a case where the defendant may be arrested, in addition to :
the foregoing, it may direct the officer, if sufficient property of the
defendant liable to execution cannot be found to satisfy the judgment,
that he arrest the defendant and commit him to the jail of the county
until he pay the judgment, or be discharged according to law.
3. It must further, in all cases, direct the officer to make return of the
execution and a certificate thereon showing the manner in which he has
executed the same, in twenty days from the time of his receipt thereof,
to the court from which the execution issued.
L. 1857, ch. 344, § 52 (Comp. 1341).
Id.; against joint debtors.
§ 1400. Upon an execution on a judgment against joint debtors, upon
one or more of whom the summons was not served, the execution must
contain a direction to collect the amount out of the joint property of all
the defendants, and the separate property of the defendants upon whom
such summons was served, to be specified by name. If such judgment be
also such that the defendants are subject to arrest thereon, the execu-
tion must further specify the names of the defendants served with the
summons, who may be arrested for want of property.
Id., § 53 (Comp. 1341).
Id.; arrest.
§ 1401. When the execution directs the arrest of the defendant for want
of sufficient personal chattels, if there be not sufficient subject to levy
known to the officer, or if, upon demand by the officer of the defendant,
he fail to produce sufficient property, the officer may, without further
delay, arrest the defendant; when arrested, the defendant must be con-
veyed to the common jail of the county, and there kept in custody until
the execution, with costs, be paid, or be discharged by due course of law.
Id., $ 54 (Comp. 1341).
Id.; renewal.
§ 1402. An execution may, at the request of the plaintiff, be renewed
before the expiration of the twenty days by the word “renewal” being
written thereon, with the date thereof, subscribed by the clerk of the
court or his assistant; such renewal has the effect of an original issue,
and may be repeated as often as may be necessary. If an execution be
returned unsatisfied, others may be issued on the like request from time
to time until the judgment be satisfied.
Id., § 55 (Comp. 1341).
Id.; certain sections of the Code of Civil Procedure made applicable.
§ 1403. Sections thirty hundred and twenty-four, thirty hundred and
twenty-seven, and thirty hundred and forty-three of the Code of Civil
1002
APPENDIX VII.
Procedure apply to these courts except as herein otherwise expressly
provided.
Code Civ. Pro., § 64; L. 1857, ch 344, § 48 ( Comp. 1340); L. 1880, ch. 245,
§ 3, subd. 13.
Id.; enforcement of game laws.
$ 1404. Any judgment recovered in an action brought in pursuance of
the provisions of subdivision eleven of section twelve hundred and eighty-
five of this act may be collected and the payment thereof enforced by
execution against the person, and pay* person imprisoned by such exe-
cution shall be so imprisoned for a period of not less than five days and
at the rate of one day for every dollar or fractional part thereof of such
judgment and interest when the same exceeds five dollars, and such
imprisonment shall not be satisfaction of such judgment; but no person
shall be more than once imprisoned upon any such judgment or
execution.
Id.; in favor of working woman.
§ 1405. In an action, brought in either of those courts, by a female to
recover for services performed by her, if the plaintiff recovers a judg-
ment for a sum not exceeding fifty dollars, exclusive of costs, no prop-
erty of the defendant is exempt from levy and sale by virtue of an
execution against property, issued thereupon; and, if such an execution
is returned wholly or partly unsatisfied, the clerk must, upon the appli-
cation of the plaintiff, issue an execution against the person of the
virtue of an execution so issued against his person, must be actually
confined in the jail, and is not entitled to the liberties thereof; but he
must be discharged after having been so confined fifteen days. After
his discharge, an execution against his person cannot be issued upon the
judgment, but the judgment creditor may enforce the judgment against
property, as if the execution, from which the judgment debtor is dis-
charged, had been returned without his being taken.
Code Civ. Pro., § 3221. See § 2143, post.
Id.; arrest and sale of property limited.
§ 1406. A defendant cannot be arrested, nor his property sold on exe-
cution after twenty days from its issue or renewal, but property levied
on within the twenty days may be sold after renewal.
L. 1857, ch 344, § 56 (Comp. 1342).
Id.; marshal, when liable to execution creditor.
§ 1407. A marshal is liable to a party in whose favor an execution is
issued to him for the amount thereof in the following cases:
1. When he suffers the twenty days to elapse without making a true
return thereof, and filing the same with the clerk of the court, and pay.
ing to him or to the party entitled thereto the money collected thereon
by him.
* So in the original.
APPENDIX VII.
1003
2. When he willfully or carelessly omits to levy on property of the
defendant, or if the defendant be liable to arrest, to arrest and imprison
him within the twenty days, or having arrested the defendant fails to
commit him to the county jail within the twenty days.
Id., § 57 (Comp. 1342).
Id.; return of execution and satisfaction of judgment.
$ 1408. Whenever an execution has been returned unsatisfied in whole
or in part, where a transcript of the judgment has been filed in the
county clerk's office, a certificate thereof, signed by the clerk of the court
in which the judgment was rendered, may be filed in the office of the
clerk of the county, who shall thereupon enter satisfaction for the
amount so satisfied; judgments docketed in these courts may be satis-
fied in the same manner as judgments docketed in courts of record.
Id., § 58 (Comp. 1342).
Docket, what to contain.
$ 1409. Every clerk of these courts must keep a book, denominated
a docket, in which must be entered by him: .
1. The title of every action or proceeding in which a summons, order
of arrest, attachment, or precept is issued, or when parties voluntarily
appear.
2. The date of the summons, or precept, and the time of its return,
and if an allowance of an order of arrest to arrest the defendant ur of
a warrant to attach his property was made, such facts must also be
stated.
3. The time when the parties, or either of them, appeared; a minute
of their pleadings, if in writing, referring to them; if not in writing,
a concise statement of a material part of the pleadings.
4. Every adjournment, stating on whose application, whether on vath,
evidence or consent, and to what time.
5. When a trial by jury is demanded the demand must be stated, and
by whom made, and the time appointed for the trial, and the return of
the jury.
6. The names of the jury sworn, the names of the witnesses sworn,
and at whose request.
7. The verdict of the jury and when received; if the jury disagree and
are discharged, that fact must be stated.
8. The judgment of the court, its amount, and the costs in the action.
9. The issuing of execution, when issued, and to whom; the renewals
thereof, if any, and when made; the return and when made, and a state-
ment of any money paid to the clerk, and when and by whom.
10. The giving of a transcript to be filed in the county clerk's office,
und when given.
11. The receipt of a notice of appeal or order to make or amend a
return, stating the time of the receipt thereoi.
Id., g 59 (Comp. 1342).
Id.; entries, how to be made.
§ 1410. The several particulars in the last section specified must be
1004
APPENDIX VII.
entered under the title of the action or proceeding to which they relate,
and at the time when they occur. Such entries in the docket, or
a transcript thereof, certified by the clerk or his successor in office, with
the seal of the court thereon impressed, are evidence to prove the facts
as stated therein.
Id., $ 60 (Comp. 1343).
Id.; index.
§ 1411. The clerk must keep an index to his docket, in which must
be entered the names of the parties to each judgment, with a reference
to the page of entry; the names of the plaintiffs and defendants, respect-
ively, must be entered in the index in alphabetical crder.
Id., § 61 (Comp. 1343).
Id.; to be delivered by clerk to successor.
§ 1412. It is the duty of every clerk of these courts to deliver to his
successor in office his official dockets and papers on file in his cffice, as
well his own as those of his predecessors which may be in his custody,
there to be kept as public records.
• Id., § 62 (Comp. 1343).
Id.; successor may issue execution on former unsatisfied docket.
$ 1413. A clerk with whom the docket of his predecessor is deposited
may issue execution on a judgment there entered and unsatisfied, in the
same manner and with the same effect as though he was clerk of the
court at the time the judgment was rendered.
Id., § 63 (Comp. 1343).
Certified copies, prima facie evidence.
$ 1414. A copy of a paper on file in the office of the clerk in either
of these courts, certified by him or his deputy as such, shall be prima
facie evidence thereof.
Id., § 64 (Comp. 1343).
Id.; certain provisions of Code of Civil Procedure made applicable.
§ 1415. Sections eight to thirteen, inclusive, of the Code of Civil Pro-
cedure apply to these courts.
Id., § 66 (Comp. 1343); L. 1880, ch. 245, § 3, subd. 13.
Fees; when plaintiff's demand less than fifty dollars.
§ 1416. The following are the fees of these courts, when the plaintiff's
demand' is less than fifty dollars:
1. For all proceedings when the defendant does not answer, including
judgment, transcript, and execution, one dollar and fifty cents.
2. For all proceedings to and including the joining of issue, if an order
of arrest or warrant of attachment be issued, one dollar and fifty cents.
If there be no order of arrest or attachment issued, one dollar.
3. (Requiring payment of fee on adjournment of case in district court.)
Repealed by L. 1886, ch. 678, p. 967.
APPENDIX VII.
1005
O
4. For taking testimony conditionally, or issuing a commission to take
the testimony of witnesses out of the city, fifty cents.
5. For all proceedings after issue to and including trial by jury, if
there be one, two dollars and fifty cents. If there be no trial by jury,
two dollars.
6. For judgment upon the issue and any proceedings afterward, includ-
ing transcripts, executions, returns, and all other proceedings and entries,
fifty cents.
7. Postage actually paid on serving or receiving a commission to take
testimony, and the actual expense of taking the same.
8. For a transcript of the docket of judgment, six cents; for certifying
a copy of a paper on file in the clerk's office, ten cents for each folio of
one hundred words, except returns upon appeal.
9. All necessary disbursements paid by the party recovering judgment..
When the action is brought by an employe against an employer for
services performed by such employe, male or female, the clerks of the
said district courts shall not, when the plaintiff's demand is less than
fifty dollars and the plaintiff is a resident of The City of New York, and
proof by the plaintiff's own affidavit that he has a good and meritorious
cause of action and of the nature of such action and affidavit of said
plaintiff's residence shall be duly presented to and filed with the clerk
of the district court, where such action should be brought, demand or
receive any fees whatsoever from the plaintiff or his agents or attorneys
in such action unless the plaintiff shall demand a trial by jury, in which
case the plaintiff must pay to the clerk of the district court, where such
action shall be pending, the sum of four dollars and fifty cents. (As
amended by L. 1887, ch. 307, p. 380.)
Id., § 67 (Comp. 1343); L. 1870, ch. 741, § 4; L. 1849, ch. 144, $$ 11, 12, 13.
Id.; when demand over fifty dollars.
§ 1417. When the plaintiff's demand is for fifty dollars or more, at
the time of issuing any summons, warrant of attachment, or order of
arrest, the party applying therefor shall pay to the said clerk the sum of
one dollar; and if a trial shall be had in the action so commenced the
plaintiff therein shall pay to the said clerk an additional sum of three
dollars and fifty cents, which said sums shall be received in lieu of all
other fees now required by law to be paid the said clerk.
Id., § 68, amd. L. 1864, ch, 308 (Comp. 1344).
Fees in summary proceedings.
$ 1418. In summary proceedings to recover the possession of lands, the
Tees of officers, except where a fee is specially given in chapter twenty-
one of the Code of Civil Procedure, must be at the rate allowed by law in
an action in said courts and are limited in like manner, unless the appli-
cation is founded upon an allegation of forcible entry or forcible holding
out; in which case the judge or justice may award to the successful party
a fixed sum as costs, not exceeding fifty dollars, in addition to his dis-
bursements. The final order awarding costs may be docketed, and an
execution may be issued to collect the costs awarded thereby, in like
a
1006
APPENDIX VII.
manner as if the final order was a judgment, rendered in the court, of
which the judge is the presiding officer.
L. 1857, ch. 295, 87 (Comp. 1307); L. 1870, ch. 741, § 4; Code Civ. Pro.,
§ 2250.
Fees of marshals.
§ 1419. Marshals' fees for services rendered before judgment may be
included therein, when it is in favor of the party liable therefor; and in
addition to the fees now allowed by law, they shall receive the sum of
twenty-five cents for every copy of the complaint served by them with
the process by which the action is commenced.
L. 1857, ch. 344, § 69 (Comp. 1344).
Costs.
§ 1420. In all actions commenced in any of these courts, the costs shall
be as follows:
1. To the plaintiff. – Where he recovers judgment for fifty dollars or
more upon the non-appearance of the defendant, seven dollars; wbere he
recovers judgment for fifty dollars or more after a trial of the action,
twelve dollars; where his demand is fifty dollars or more, and the claim
is paid or satisfied, after the service of a summons and before trial, seven
dollars; where his demand is fifty dollars or more, and the claim is paid
or satisfied after trial, but before the rendition of a judgment, twelve
dollars.
2. To the defendant. - Where the plaintiff's demand is fifty dollars or
more, and judgment is rendered in defendant's favor without a trial upon
the appearance of such defendant, seven dollars; where the plaintiff's
demand is fifty dollars or more, and judgment is rendered in defendant's
favor after a trial, ten dollars.
3. To either party. – Where a trial shall be adjourned on cause shown,
the justice in his discretion may impose costs to the amount of five dol-
lars, besides disbursements as a condition of adjournment. In all cases
where the plaintiff's demand or recovery is less than fifty dollars, and
a trial shall be had, costs to the successful party not to exceed five dol-
lars, in addition to the disbursements allowed by law, may be awarded
by the justice in his discretion. In all cases the successful party shall be
entitled to the disbursements now allowed by law and also the pros-
pective charges for docketing judgment in the county clerk's office, the
fee of the county clerk for issuing an execution, and filing certificate of
satisfaction, and the sheriff's fee for receiving and returning one execu-
tion thereon. No party shall be entitled to any costs unless he has an
attorney actually engaged in the prosecution or defense of the action.
Costs when awarded shall be entered in the judgment and belong to the
party in whose favor judgment is entered. (As amended by L. 1894, ch.
750, $ 2.)
Id., $ 70 (Comp. 1344); L. 1853, ch. 617, $$ 3, 4.
Id.; after discontinuance, upon answer of title.
$ 1421. Where an action brought in a district court has been discon-
tinued, as prescribed by law, upon the delivery of an answer, showing
APPENDIX VII.
that title to real property will come in question, and a new action, for
the same cause, has been commenced in the proper court; the party, in
whose favor final judgment is rendered in the new action, is entitled to
costs; except that, where final judgment is rendered therein, in favor of
the defendant, upon the trial of an issue of fact, the plaintiff is entitled
to costs, unless it is certified that the title to real property came in ques-
tion on the trial.
Code Civ. Pro., § 3235. See § 2143, post.
Id.; in actions upon bastardy, etc., bonds.
§ 1422. Upon a recovery being had in an action brought upon a bastardy
QI abandonment bond, by the commissioners of charities and correction
or the overseers of the poor, in addition to the other costs therein, the
court shall make and the clerk shall enter in the judgment an additional
allowance of ten per cent on the amount recovered.
L. 1862, ch. 389, § 2 (Comp. 1352).
Id.; in action to enforce game laws.
§ 1423. When the action is brought by virtue of the provisions of sub-
division eleven of section twelve hundred and eighty-five of this act, the
plaintiff shall only be entitled to costs to an amount equal to the amount
of the recovery.
L. 1879, ch. 534, $ 33.
Id.; in action by working woman.
§ 1424. In an action brought to recover a sum of money for wages
earned by a female employee, other than a domestic servant; or for
ment, or in or about the subject-matter thereof, or for both, the plaintiff,
if entitled to costs, recovers the sum of ten dollars as costs, in addition to
the costs allowed in a district court, unless the amount of damages recov-
ered is less than ten dollars; in which case, the plaintiff recovers the
sum of five dollars as such additional costs. When the employee is the
the full amount of costs, which she would have recovered, if judgment
had been rendered in her favor, for the sum received by her upon the
settlement.
Code Civ. Pro., $$ 3131, 3222. See § 2143, post.
Id.; on order to prosecute marshal's bond.
§ 1425. Whenever a justice of the court of common pleas shall order
the bond of a marshal to be prosecuted in any of the district courts, the
said justice upon said' motion may award the aggrieved party his reason-
able costs on such motion, not exceeding the sum of ten dollars, which
shall be included in the judgment obtained upon such bond.
L. 1862, ch. 484, 87 (Comp. 1476).
Supreme Court rules made applicable.
$ 1426. Superseded by § 1377 of the Greater New York Charter, ante. :
Clerks. How appointed. Salaries.
$ 1427. Superseded by $ 1373 of the Greater New York Charter, ante.
1008
APPENDIX VII.
Id.; duties.
§ 1428. It shall be the duty of the clerk of each of these courts:
1. To keep the seal of the court, and affix it to the certificate of the
transcript of the docket of judgment, or any other certificate, when
required so to do.
2. To record the proceedings of the court.
3. To keep the records and other books appertaining to the court.
4. To file papers delivered to him for that purpose in any action.
5. To attend the sitting of the court of which he is clerk, to administer
oaths in an action, in the presence of the court and under its direction,
and to receive the verdict of the jury.
6. To authenticate by certificate or exemplification, as may be required,
the records or proceedings of the court, or any other paper appertaining
thereto and filed with him.
7. To exercise the powers and perform the duties conferred and
imposed upon him by this title.
8. In the performance of his duties to conform to the direction of the
court.
9. To keep his office open for the transaction of business, every judicial
day, from nine o'clock in the forenoon to four o'clock in the afternoon.
L. 1857, ch. 344, § 72 (Comp. 1344). See L. 1887, ch. 185.
Id.; to account for and pay over fees received.
§ 1429. It shall be the duty of the clerk of each of these courts to col-
lect and receive all the fees thereof, including the fees allowed by law in
summary proceedings to recover lands, and to account for and pay the
same into the city treasury monthly, under oath, on the first day of each
and every month, or within three days thereafter, which account shall
contain the title of each case and the amount of fees received therein,
and the salary of such clerk shall not be paid uştil he shall have so
accounted and paid, and he shall perform no service until he shall have
received the legal fees thereof.
Id., § 73 (Comp. 1345). See L. 1876, ch. 356, § 2.
Id.; to give bond.
$ 1430. Superseded by g 1373 of the Greater New York Charter, ante.
Id.; may administer oaths.
$ 1431. Superseded by § 1378 of the Greater New York Charter, ante.
Court attendants.
§ 1432. Superseded by § 1373 of the Greater New York Charter, ante.
Interpreters.
§ 1433. Superseded by § 1373 of the Greater New York Charter, ante.
Stenographers.
§ 1434. Superseded by $ 1373 of the Greater New York Charter, ante,
Janitors.
§ 1435. Superseded by g'1373 of the Greater New York Charter, ante.
APPENDIX VII.
1009
Stationery, furniture, etc., furnished by corporation.
§ 1436. Superseded by $ 1380 of the Greater New York Charter, ante.
Definitions.
$ 1437. Words used in this title in the past or present tense include the
future as well as the past or present; words used in the masculine gender
include the feminine and neuter; the singular number includes the
plural and the plural the singular; the word “person” includes a corpo-
ration as well as a natural person; writing includes printing or printing
paper; “oath” includes affirmation or declaration; “ signature" or
"subscription" includes “mark,” when the person cannot write, his
name being written near it, and witnessed by a person, who shall write
his own name as witness. The following terms also named in this title
have the signification attached to them in this section, unless otherwise
apparent from the context:
1. The word “ attorney” signifies an attorney of the supreme court of
this state, duly licensed to practice as such.
2. The word “district” signifies judicial district. .
3. The word “clerk” signifies the clerk of the court where the action
is pending
4. The word “marshal” signifies any person authorized to perform the
duties of a marshal.
5. The word “corporation” includes every association having any cor-
porate rights, whether created by special acts of legislature or under
general laws.
Id., § 80 (Comp. 1346).
Appeals.
§ 1438. Superseded by $ 1367 of the Greater New York Charter, ante.
Id.; stenographer's fees for transcript of minutes.
§ 1439. In all cases of appeal from the decision of a justice of one of
the district courts, where a transcript of the stenographer's minutes of
the testimony given on the trial becomes a necessary part of the justice's
return, the stenographer's fees for the making of such transcript shall be
computed at the rate of ten cents for every one hundred words, and be
paid in the first instance by the appellant, and afterward be taxable by
him as a disbursement in the appeal.
L. 1874, ch. 504, § 1 (Comp. 1359).
retui
Transcript of process, pleadings, etc. Effect.
$ 1440. A transcript of the process, pleadings, and judgment had before
any of the said justices, of the execution issued thereon, if any, and the
urn thereon, if any, when subscribed and certified by the justice or
erk, and a certificate of the clerk of the city and county of New York
Nidorsed thereon or attached thereto, under the seal of the court of
common pleas of the said county, certifying that the person subscribing
a transcript was, at the date of such judgment, such justice or clerk,
Il be prima facie evidence in any court of justice in this state to
ove the facts contained in such transcript, and no more.
L. 1837, ch. 461, $ 5 (Comp. 1355).
sual
64
APPENDIX VIII.
THE PROVISIONS OF THE NEW YORK CITY CONSOLIDATION ACT
RELATING TO MARSHALS CONTINUED IN FORCE AND MODI-
FIED BY § 1428 OF THE GREATER NEW YORK CHARTER.
LAWS 1882, Ch. 410.
CHAPTER XX.
Title 1.—The Marshals.
Appointment. Terms of office. Qualifications.
§ 1699. Superseded by $81425-1427 of the Greater New York Charter,
ante.
Bond to be executed by.
§ 1700. No marshal shall be permitted to enter upon the duties of the
office until he shall execute a bond, with two sufficient sureties, who shall
be residents of and shall own real estate in the county of New York to
the amount of double the penalty of the bond, to the mayor, aldermen,
and commonalty of The City of New York, in the penal sum of one
thousand dollars, jointly and severally to answer the said mayor, alder-
men, and commonalty, and any parties that may complain, conditioned
that such marshal shall well and faithfully execute the duties of said office
of marshal without fraud, deceit, or oppression, such sureties to justify
in double the amount of such bond. The said bond shall be delivered to
the mayor of said city for approval, who shall judge of and determine
the competency of the sureties; and should he approve of the same, be
shall note his approval thereon, and shall cause such bond to be filed in
the office of the clerk of the court of common pleas, within ten days
after the same shall have been approved of by him, and he shall either
approve of or reject such bond within five days after the same shall have
been presented to him for that purpose.
L. 1862, ch. 434, § 5 (Comp. 1475).
Id.; prosecution of bond.
$ 1701. Any person who shall be aggrieved by any official misconduct
on the part of any marshal, and who may desire to prosecute his official
bond, and who shall have first obtained judgment against such inarshal
for official misconduct, may move before a justice of the court of cominod
pleas, at the chambers thereof, after giving such marshal and his suretit,
eight days' previous notice of intention so to do by personal service o
said notice on them, stating when such motion will be made, and of t;
papers to be used on such motion, for leave to prosecute sich officia
ties
APPENDIX VIII.
IOII
bond in his own name, and such leave shall be granted upon it appearing
satisfactorily to such court:
1. That a judgment has been obtained in his favor against such mar-
shal for official misconduct, specifying the time when and the court
whereby such judgment was rendered, and the amount thereof.
2. That transcript of such judgment has been filed in the office of the
clerk of the city and county of New York, specifying the time when sich
transcript was filed and execution issued, and that said sheriff bas
returned said execution wholly or partly unsatisfied, after having
demanded payment thereof of such marshal; and his neglect or refusal
to pay the same, and if any payments have been made on such execution,
specifying the amount thereof, but where such marshal shall have died or
removed from the county, a demand for the payment of the amount of
such execution shall not be necessary.
3. That such judgment is wholly or partly unpaid, specifying the
amount uncollected or unpaid, and that the sureties have been served
with the notice and papers hereinbefore mentioned.
Id., 8 6 (Comp. 1476).
(a) The sureties on a marshal's bond are not liable until after a valid
judgment has been recovered against their principal. In re Brasier, 2
How. Pr. (N. S.) 154.
--
-
Id.; in what court bond may be prosecuted.
$ 1702. Such justice may order such bond to be prosecuted in any of
the district courts or in the marine court, and either of said courts shall
have jurisdiction in actions brought on such bond, upon such leave being,
granted, and the said justice upon said motion may award the aggrieved
party his reasonable costs on such motion, not exceeding the sum of ten
dollars, which shall be included in the judgment obtained upon such
bond.
Id., § 7 (Comp. 1476). See Moog v. Kehoe, 42 Hun, 494.
Judgments against marshals. Transcripts and execution.
$ 1703. Whenever any judgment shall be rendered against any mar-
shal or his sureties in the marine court, or in any of the district courts,
a transcript thereof shall be filed in the office of the clerk of the court
of common pleas, and from the filing of such transcript such judgment
shall be deemed to be a judgment of such court, and shall be enforced
in the same manner as other judgments of said court. And no execu-
ton on such judgment shall issue to any other officer than the sheriff,
and all such executions must be made returnable to the clerk of said
court.
Id., § 8 (Comp. 1476).
1d.; entry of judgment to be noted on bond.
$ 1704. The clerk of said court shall make a memorandum on the
cial bond of every marshal, upon the filing of every transcript, of
judgment obtained against him and his sureties, and of the time when
the court whereby such judgment was rendered, 'and the amount
creof, and shall be entitled to a fee of fifty cents therefor, which the
IOI2
APPENDIX VIII.
court rendering judgment shall have power to include in such judg-
ment, together with whatever other disbursements are or may be neces-
sarily incurred in said action, and the said bond shall be canceled to
the amount of such judgment.
Id., § 9 (Comp. 1477).
Id.; amount collected to be credited on bond.
§ 1705. Whenever any action shall be commenced against the sureties
of any marshal, and such sureties shall pay the amount for which such
suit is brought, and the costs and disbursements incurred therein, or any
part thereof, the party or parties so paying shall be entitled to have such
sum so paid credited upon such bond, upon presenting the certificate of
the plaintiff or his attorney in such action, acknowledging such pay-
mients to such clerk aforesaid, and upon such clerk indorsing such
payment on such bond, it shall be canceled to the amount so paid.
Jd., § 10 (Comp. 1477).
Suspension of marshal by common pleas for misconduct.
§ 1706. Whenever any complaint shall be made by any person against
any marshal aforesaid for official or disorderly conduct, or for fraudu-
lent practices in and about said courts, to the court of common pleas,
and it shall satisfactorily appear to such court, after hearing said mar-
shal in regard to such complaint, that such marshal is guilty of the
offense charged by such person against him, such court may order that
such marshal be suspended from performing the duties of the office for
such time as the said court of common pleas may direct; or such court
may, in its discretion, remove such marshal from office, and forbid and
prevent him from further performing or exercising any duties as mar-
shal aforesaid, and on such removal being made, some competent person
shall be appointed in his place to fill such office.
Id., § 11, amd. L. 1864, ch. 569, $ 1 (Comp. 1477).
Clerk of court to report canceled bonds to mayor. Renewal of bonds.
§ 1707. Whenever judgment shall be rendered against the official bond
of any marshal sufficient to cancel the same, the clerk of the court of
common pleas aforesaid shall report to the mayor that fact, and it shall
be the duty of the mayor to compel such marshal to renew his official
bond, and should such marshal neglect or refuse to renew such bond
within ten days after being notified so to do, he shall be removed by the
mayor aforesaid, or suspended from performing the duties of the once
until such time as he shall renew the same, and such bond shall be
renewed in the same manner as often as the same shall be canceled.
Id., § 12 (Comp. 1477).
d
to
Appointment deemed waived for failure to file bond.
$ 1708. Every marshal shall, within thirty days after his appointment
enter into a bond in the manner aforesaid, or he shall be deemed
have waived his appointment as such 'marshal, and some other suita
and proper person shall be appointed in his place and stead to discharge
the duties appertaining to such office of marshal.
Id., § 13 (Comp. 1478).
APPENDIX VIII.
1013
Process in district courts to be served by marshals. . .
$ 1709. Every summons, order of arrest, attachment, or other process
issued by or out of any district court, or by any justice thereof, and
every summons or precept issued by the clerk of a district court, and
every summons issued by any justice thereof, shall be served and exe-
cuted by a marshal of said city, except that the justice of the court
wherein the action is commenced may depute some competent person to
serve the summons and complaint in any such action; but the person
sa deputed to serve such summons and complaint shall not be entitled to
any fees or other compensation, therefor, except the persons who serve
process for the corporation attorney.
Id., § 14, amd. L. 1879, ch. 102, § 1 (Comp. 1478).
Fees.
$ 1710. Fees shall be allowed to the said marshals for services ren-
dered under the provisions of this title, as follows: For serving a sum-
mons, order of arrest, or attachment on one defendant, one dollar, and
for every additional defendant actually served, fifty cents; for a copy of
every summons delivered on request, or served, fifteen cents; for a copy
of every attachment and of the inventory of the property attached,
fifty cents; for serving and levying an execution or selling under
an attachment, five cents for every dollar collected to the amount of one
hundred dollars, and two and a half cents for every dollar collected over
one hundred dollars; for every mile, going only, more than one mile,
when serving a summons, order of arrest, attachment or execution, six
cents, to be computed from the place of abode of the defendant, or where
he shall be found, to the place where the same is returnable; for sum-
moning a jury, one dollar and fifty cents; for going with the plaintiff or
defendant to secure security, when security is ordered by the court, one
dollar; for taking the defendant into custody on an order of arrest, exe-
cution, or commitment, two dollars and forty cents, serving a subpoena,
twenty-five cents; for every levy actually made by virtue of an execution,
one dollar; for serving a writ of possession or restitution, putting any
person entitled into the possession of premises, and removing the tenant,
when such powers can be exercised by a marshal, one dollar; and the
same fees for traveling to serve the same as are herein allowed for serv-
ing a summons; for advertising for sale any property by virtue of any
execution or attachment issued out of a district court, or by any justice
thereof, one dollar; for every day necessarily employed in attending
stich sale, one dollar. The said marshals shall perform all other services
required of them by law, without any fees or compensation whatever
therefor, and no other fees, charges, or compensation shall be allowed
to, demanded, or charged by any of the said marshals.
Id., § 15, amd. L. 1864, ch. 569 (Comp. 1478).
CP
certain laws relating to sheriffs made applicable.
$ 1711. All provisions of law in relation to the taking of property by
Sheriffs of counties shall apply to the taking of property by the said
marshals.
L. 1865, ch. 400, $ 2 (Comp. 1480).
APPENDIX IX.
THE PROVISIONS OF THE NEW YORK CITY CONSOLIDATION ACT
RELATING TO CORONERS CONTINUED IN FORCE BY $ 1571 OF
THE GREATER NEW YORK CHARTER, ante.
L. 1882, Ch. 410.
CHAPTER XXI.
TITLE 4. — The Coroners and Inquests.
Election. Term of office. Removal.
§ 1766. Superseded by § 1571 of the Greater New York Charter, ante.
Salaries and contingent expenses.
§ 1767. Superseded by § 1571 of the Greater New York Charter, ante.
Clerks and stenographer. Salaries. Minutes.
§ 1768. Superseded by g 1571 of the Greater New York Charter, ante.
Coroners' physicians.
8 1769. Each coroner of said city shall, on assuming office, appoint
a qualified physician, who shall be a resident in said city, and shall be
known as a “coroner's physician.” Any vacancy in the office of coro-
ner's physicians shall be filled by the board of coroners. The board of
coroners, for cause, may remove the physicians appointed by them.
L. 1878, ch. 255, § 3 (Comp. 1464).
Id.; salaries.
§ 1770. It shall be the duty of the board of estimate and apportion-
ment, from time to time, as it may determine, to fix the salary to be
paid to the physicians appointed as in the preceding section directel,
but the salary to be paid to each of saia physicians shall not, in any
one year, exceed the sum of three thousand dollars. The salaries pro-
vided for in the preceding sections of this title shall be paid monthly by
the mayor, aldermen, and commonalty.
Id., § 4 (Comp. 1464).
Scientific experts; employment of.
$ 1771. It shall be lawful for the several coroners, with the written
consent first had and obtained of the district attorney and a justice ?
the supreme court within said city and county, to employ any scientide
APPENDIX IX.
I015
expert, engineer, or toxicologist to examine the body of any person who
shall have died from alleged criminal violence, or by casualty, or in any
suspicious or unusual manner, and as to the cause of whose death the
said coroner shall have jurisdiction to inquire.
L. 1875, ch. 620, § 1 (Comp. 1462).
Id.; compensation.
$ 1772. Upon the certificate of such employment by a coroner, with
the written consent of the district attorney and a justice of the supreme
court, as aforesaid, being filed with the comptroller of said city, such
scientific expert, engineer, or toxicologist, shall be entitled to recover
and receive as a proper claim against said city, just and reasonable com-
pensation for his services rendered in the matter of such inquest upon
the request of said coroner, with such written consent as aforesaid.
Such just and reasonable compensation shall be ascertained and certi-
fied to by the district attorney, justice of the supreme court, and the
comptroller of said city; and in case such just and reasonable compen-
sation shall not be so certified and paid, şuch scientific expert, engineer,
or toxicologist shall be entitled to maintain his proper action at law
therefor to recover the same.
Id., § 2 (Comp. 1463).
Duties of coroners. Unusual and suspicious deaths, etc., to be inves-
tigated. Coroners' physicians to make examinations.
$ 1773. When in The City of New York any person shall die from crimi-
nal violence, or by a casualty, or suddenly when in apparent health, or
when unattended by a physician, or in prison, or in any suspicious or
unusual manner, the coroner shall subpoena one of the coroner's physi-
cians, who shall view the body of such deceased person, externally, or
make an autopsy thereon as may be required. It shall be the duty of the
physician to whom such subpoena is so issued to make the inspection and
autopsy required, and to give evidence in relation thereto at the coro-
ner's inquest. The testimony of such physician, and that of any other
witnesses that the coroner may find necessary, shall constitute an
inquest.
L. 1871, ch. 462, § 1, amd. L. 1878, ch. 256, § 6 (Comp. 1461); L. 1878, ch.
256, 8 2 (Comp. 1464).
(a) The coroner has no power under this section to employ a scientific
expert to make a chemical analysis of the remains of deceased persons to
ascertain the cause of their death. Doremus v. The Mayor, 6 Daly, 121.
But see 88 1770 and 1772, ante.
zd.; may call a jury. Juror's qualifications. Penalty for non-attend-
ance.
8 1774. Should the coroner deem it necessary, he may call a jury to
assist him in his investigation, or should any citizen demand that a jury
we called, he shall proceed as directed by part four, title seven, article
one of the Revised Statutes. Any citizen of this state, not over seventy
years of age, and being at the time a resident of the county, may be
summoned to serve as a juror upon a coroner's inquest; and any person
1016
APPENDIX IX.
who shall willfully neglect or refuse to serve as such juror when duly
summoned shall, upon conviction, be adjudged guilty of a misdemeanor,
and shall be punished by imprisonment in the county prison not exceed-
ing one year, or by a fine not exceeding five hundred dollars, or by both
such fine and imprisonment.
L. 1871, ch. 462, $$ 2, 5 (Comp. 1461).
Unusual or suspicious deaths to be reported to coroners; penalty for
failure to report.
§ 1775. It shall be the duty of any citizen who shall become aware of
the death of a person who shall have died in the manner stated in the
last section but one, to report the death forthwith to one of the coroners
or to the clerk in attendance at the coroner's office, or to any police
officer, and such officer shall without delay notify the coroner or clerk in
attendance at the coroner's office, of such death; any person who shall
willfully neglect or refuse to report such death to the coroner or clerk
as aforesaid, shall upon conviction be adjudged guilty of a misdemeanor,
and shall be punished by imprisonment in the county prison not exceed-
ing one year, or by fine not exceeding five hundred dollars, or by both
such fine and imprisonment. (As amended by L. 1895, ch. 846, § 3.)
Id., § 3 (Comp. 1461).
Coroner's clerk to issue permits in absence of coroners; no person but
coroner to interfere with dead body or effects.
§ 1776. The clerk in attendance at the coroner's office, during the
absence of all the coroners therefrom shall issue a permit or order
authorizing the removal of a body of anyone who shall have died in the
manner described in the last section but two, for the purpose of taking
charge thereof until the certificate is granted by the coroner for burial.
2. Any person except the coroner who shall willfully touch, remove; or
disturb the body of anyone who shall have died in the manner described
in the last section but two, or who shall willfully touch or remove or dis-
turb the clothing or any article upon or near such body without an order
from the coroner, or clerk in attendance at the coroner's office, shall
upon conviction be adjudged guilty of a misdemeanor and shall be pun-
ished by imprisonment in the county prison not exceeding one year or by
a fine not exceeding five hundred dollars or by both such fine and
imprisonment. (As amended by L. 1895, ch. 846, § 4.)
Id., § 4 (Comp. 1462).
Abstracts of testimony and copies of verdicts to be filed.
§ 1777. Each of the coroners shall file with the clerk of the board of
coroners, in all cases that may come before him, an abstract of the testi;
mony taken by him, and a copy of the verdict rendered by the jury; alle
the clerk of said board shall keep the same on file until it is turned over
to the board of health and a receipt taken therefor, except in the case
a homicide, in which case he shall transmit the same, without delay, to
the district attorney of the city and county of New York.
L. 1881, ch. 465, $ 2.
e of
APPENDIX IX.
1017
Records of names of deceased persons, inquests, etc., to be kept.
$ 1778. The board of coroners shall direct a book to be kept which
shall contain the name, if known, of every deceased person reported,
under existing laws, at the office of the board of coroners, or to any of its
members, the place where the body was found, and the name of the
coroner who assumed charge of the case; also a book which shall con-
tain the name of the deceased, when known, the date when and the place
where the inquest was held, the findings in full of the jury, and the date
of death; also an index to such books, and to all inquisition papers,
which shall contain, in alphabetical order, the names of deceased persons
upon whom inquests have been held, the date of the inquests, the cause
of death, the name of the coroner holding said inquest, and such other
references as may be necessary to enable public officers, or parties inter-
ested, to examine fully the records of the coroner's office for legal pur-
poses; and such books and records shall be kept at the office of the board
of coroners, except as in the last section otherwise provided, and shall
be the property of the mayor, aldermen, and commonalty of the city and
county of New York.
Id., $ 3.
Police justices may act for coroners, during absence.
§ 1779. If all the coroners be absent, or be unable, for any cause, to
attend, their duties, so far as they relate to holding inquests and their
action thereon and consequent thereupon, may be performed by a police
justice, but by no other officer, with the same authority, and subject to
the same obligations and penalties as apply to the coroners.
Code Crim. Pro., § 789.
APPENDIX X.
THE PROVISIONS OF THE NEW YORK CITY CONSOLIDATION ACT
RELATING TO MECHANICS LIENS AGAINST THE CITY CON-
TINUED IN FORCE BY &$ 1608, 1609, 1610 OF THE GREATER NEW
YORK CHARTER, ante.
LAWS 1882, Ch. 410.
Who entitled to. Subject-matter of lien.
§ 1824. Any person or persons who shall hereafter, as laborer,
mechanic, merchant, or trader, in pursuance of, or in conformity with
the terms of any contract made between any person or persons and the
city, perforin any labor or furnish any material toward the performance
or completion of any contract made with the city, on complying with the
next section, shall have a lien for the value of such labor or materials,
or either, upon the moneys in the control of the city, due or to grow due
under said contract with said city to the full value of such claim or
demand, and these liens may be filed and become an absolute lien to the
full and par value of all such work and materials, to the extent of the
amount due or to grow due on said contract, in favor of every person or
:. persons who shall be employed or furnish materials to the person or per-
sons with whom the said contract with the city is made, or the
sub-contractors of said person or persons, their assigns or legal represen-
tatives, provided that the city shall not be required to pay a greater
amount than the contract price or value of the work and the materials
furnished, when no specific contract is made in the performance of said
work by the contractor.
L. 1878, ch. 315, § 1 (Comp. 1489).
(a) A corporation as well as a natural person is entitled to a lien under
this section. Gaskell v. Beard, 58 Hun, 101; S. Ç., 11 N. Y. Supp. 399. See
Bassler v. Putney, 53 N. Y. Super. (J. & S.) 456.
When notice of claim may be filed.
$ 1825. At any time before the whole work to be performed by the
contractor for the city is completed or accepted by the city, and within
thirty days after the same is so completed or accepted, any claimant
may file with the head of the department or bureau having charge of
said work, and with the comptroller, notices stating the residence of the
claimant, verified by his oath or affirmation, stating the amount claimed,
from whom due, and if not due, when it will be due, giving the amount
of the demand after deducting all just credits and offsets, with the name
of the person by whom employed, or to whom materials were furnished,
APPENDIX X.
1019
also a statement of the terms, time given, conditions of his contract,
and also that the work was done or materials were furnished to the
said contractor, and were actually performed or used in the execution
and completion of the said contract with said city, but no variance as to
the name of the contractor shall affect the validity of the said claim or
lien.
Id., § 2 (Comp. 1489). See L. 1891, ch. 255, referred to under § 1824, ante.
(a) As to mistake in statement of amount due in notice of lien, not
vitiating the lien, see Gaskell v. Beard, 58 Hun, 101; S. C., 11 N. Y.
Supp. 399.
Lien book; entry of claims therein.
$ 1826. The comptroller shall enter the claims in a book kept for that
· purpose by him, called the “lien book.” Such entry shall contain the
name and residence of claimant, the name of the contractor, the amount
and date of the filing, and a brief designation of the contract upon which
the claim is made.
Id., § 3 (Comp. 1489). See L. 1891, ch. 255, referred to under & 1824, ante.
Action to foreclose lien, when to be commenced.
§ 1827. No lien provided for in this title shall be binding upon the
property therein described unless an action be commenced within ninety
days from the filing of the same, and a notice of pendency of said action
be filed with the comptroller.
Id., § 4 (Comp. 1490). See L. 1891, ch. 255, referred to under § 1824, ante.
When lien attaches.
§ 1828. The lien shall attach from the time of filing thereof to the
extent of the liability of the contractor for the claim preferred upon any
funds which may be due or to grow due to the said contractor from the
city, under the contract against which the lien is filed.
Id., § 5 (Comp. 1490). See L. 1891, ch. 255, referred to under § 1824, ante.
Action to enforce; who may commence.
§ 1829. Any claimant who has filed the notice mentioned in the second
section of this title may enforce his claim against the said fund therein
designated against the person or persons liable for the debt by a civil
action. Actions to determine or terminate said liens may be commenced
by the said contractor or the city in any court of competent jurisdiction.
Id., § 6 (Comp. 1490). See L. 1891, ch. 255, referred to under & 1824, ante.
Id.; who to be made parties.
§ 1830. The plaintiff must make all parties who have filed claims, the
contractor, and the city, parties defendant, and as to all parties against
whom no personal claim is made, the plaintiff may, with the summons,
rve a notice stating briefly the object of action, and that no personal
Maim is made. But all parties who have filed claims under this title
way, by answer in such action, set forth the same, and the court in
1020
APPENDIX X.
which the action is brought may decide as to the extent, justice, and
priority of the claims of all parties to the action.
Id., § 7 (Comp. 1490). See L. 1891, ch. 255, referred to under $ 1824, ante.
Id.; judgment, what to consist of.
$ 1831. The court in which the action is brought shall determine thu
validity of the lien, the amount due from the debtor to the contractor
under his contract, and from the contractor to the respective claimants,
and shall render judgment, directing that the city shall pay over to the
claimants, for work done and materials furnished in the execution of the
said contract or contracts, whose claims or liens it shall hold to be valid
and just, in the order of their priority as determined by said court to
the extent of the sum found due to said claimants from their contractor,
so much of said funds or money which may be due from the city to the
contractor under his contract, against which the lien is filed, as will
satisfy their liens or claims, with the interest and costs, to the extent of
the amount due from the city to said contractor. The judgments ren-
dered under this title may be enforced by execution, and an appeal may
be taken therefrom in the same time and manner as in civil actions.
Id., § 8 (Comp. 1490). See L. 1891, ch. 255, referred to under § 1824, ante.
Id.; in case of successive liens. Priorities.
$ 1832. In cases of successive liens, or a number of liens in favor of
different persons, their rights and priorities shall be determined as fol-
lows: Persons standing in equal degrees as co-laborers, or various per-
sons furnishing materials shall have priority according to the date of the
filing of their liens. When several lien notices are filed for the same
demand, the judgment shall provide for the proper payments according
to priority, so that, under liens filed, double payments shall not be
required.
Id., 8 9 (Comp. 1490). See L. 1891, ch. 255, referred to under § 1824, ante.
Id.; consolidation of separate actions.
$ 1833. When separate actions are commenced, the court in which the
first action was brought may, upon the application of the city, consoli-
date them.
Id., § 10 (Comp. 1491). See L. 1891, ch. 255, referred to under § 1824,
ante.
Id.; costs.
$ 1834. Costs in all actions shall rest in the discretion of the court, and
shall be awarded to or against the plaintiff or defendants, or any of
either of them, as may be just.
Id.; § 11 (Comp. 1491). See L. 1891, ch. 255, referred to under § 1824,
ante.
Id.; action to foreclose, no bar to personal action to recover debt.
§ 1835. Nothing contained in this title shall be construed to impair
or affect the right of any person to whom any debt may be due for WOLN
APPENDIX X.
I021
done or materials furnished to maintain a personal action to recover
such debt against the person liable therefor.
Id., § 12 (Comp. 1491). See L. 1891, ch. 255, referred to under § 1824,
ante.
Discharge of liens under municipal contracts; how effected.
§ 1836. The lien may be discharged as follows:
First. By filing a certificate of the claimant or his successor in
interest, duly acknowledged and proved, stating that the lien is
discharged.
Second. By lapse of time, when ninety days have elapsed since the
filing of the claim, and no action shall have been commenced to enforce
the claim.
Third. By satisfaction of any judgment that may be rendered in
actions to foreclose said liens or claims.
Fourth. By giving an undertaking, with at least two sureties, who
shall be residents and freeholders in the state of New York, to the effect
that the person or persons from whom the amount set forth in the
notice of lien shall be claimed to be due or to grow due, will pay on
demand to the claimant or claimants named in such notice of lien the
amount of any judgment which may be recovered in an action upon the
claim or demand specified in such notice of lien against such person
or persons, not exceeding the sum specified in the undertaking, with
interest and costs. The sum specified in the undertaking must be at
least equal to the amount of the said claim or demand specified in such
notice of lien, with ten per centum added thereto. Such undertaking
shall be approved as to form and amount by a justice of the supreme
court in the first department, and must be forthwith filed with the
comptroller, and a copy thereof, with the notice of the filing, must be
forthwith served upon the claimant, if there be one only, and upon one
of the claimants in case the lien shall be claimed in favor of more than
one person. The claimant when served with a copy of such undertaking,
may, within three days thereafter, file notice in writing with the comp-
troller, that he excepts to the sufficiency of the sureties named in such
undertaking, and he shall designate in such notice of exception a place
in The City of New York where notice of justification may be served,
thereupon the sureties named in such undertaking must justify before
a justice of the supreme court in the first department upon the like
notice and in like manner as provided in the Code of Civil Procedure in
l'espect to bail upon an arrest, or a new undertaking must be given with
new sureties, who must justify in like manner. Service of such notice
Of justification upon the claimant so excepting in person or by leaving
a copy thereof at the place designated in such notice of exception, shall
De deemed a sufficient service thereof. If the claimant or claimants do
Not except as prescribed in this section, such claimant or claimants shall
be deemed to have waived all objection to the sureties, and the lien
all be terminated upon filing with the comptroller an affidavit showing
e service of the copy of the undertaking upon said claimant or claim-
uts, or by leaving such copy at the place designated as hereinbefore
required in the notice of exception, and the failure of the claimant or
be
lue
1022
APPENDIX X.
claimants to except to the sufficiency of such sureties, within three days
after the service of such undertaking as hereinbefore prescribed. In case
of exception to the sufficiency of the sureties, such lien shall be ter-
'minated upon the justification of such sureties and the approval and
allowance of such undertaking to be indorsed thereon by the jus-
every instance when the undertaking is approved, it shall be placed o
file in the comptroller's office. (As amended by L. 1895, ch. 605, $ 1.)
Contractor defined.
$ 1837. The term “ contractor,” as used in this title, shall be construed
as meaning the person with whom the contract with the city is made,
his assigns or legal representatives.
Id. 8 14 (Comp. 1491). See L. 1891, ch. 255, referred to under & 1824, ante.
To what cases chapter applicable.
$ 1838. Nothing in this title contained shall affect the validity of any
claims or liens upon moneys due or to grow due under contracts made
by the city prior to the twenty-second day of May, eighteen hundred
and seventy-eight, but the title shall apply to and include all cases and
hereafter be done and furnished upon any land, the title of which was,
at the time of the making of the contract, and now is in the city, and
for the performance of which appropriations have been, or shall here-
after be made and raised by the city; and shall apply to and include
actions pending on the twenty-eighth day of May, eighteen hundred
and eighty-one, for work done and materials furnished under any such
contract.
Id., § 15 (Comp. 1491); L. 1881, ch. 429. See L. 1891, ch. 255, referred to
under § 1824, ante.
(a) The lien will only arise when two conditions concur, the one, that
work and material were done upon land, the title to which was in the
city, and the other, that the city had appropriated money for the per-
formance of the contract. Bassler V. Putney, 53 N. Y. Super (J. &
S.) 456.
APPENDIX XI.
THE STATUTORY PROVISIONS RELATING TO THE PUBLIC ADMIN-
ISTRATOR OF THE COUNTY OF NEW YORK, CONTINUED IN
FORCE BY SECTION 1585 OF GREATER NEW YORK CHARTER,
ante.
L. 1882, Ch. 410.
Public administrator.
By chapter 827 of the laws of 1895, the bureau in the law department
of the city of New York, the chief officer of which is called the public
administrator, was removed from the law department of the city of New
York, as follows:
"§ 1. The bureau in the law department of the city of New York, the
chief officer of which is called the public administrator as now organized, .
is hereby removed from said law department, and is continued as an inde-
pendent bureau; the power to appoint and remove the public adminis-
trator is hereby vested in the surrogate of the county of New York, and
the appointment and the removal of his subordinates is hereby vested in
the public administrator.
"§ 2. All statutes and ordinances relating to, or in anywise affecting
the said bureau, and defining the duties and powers thereof, shall remain
in full force and effect, and shall continue to be applicable to said bureau.
"$ 3. All powers and duties with respect to said bureau, except herein-
before specified, which are now by law conferred or imposed upon the
counsel to the corporation shall hereafter be conferred or imposed upon
said public administrator."
Public administrator and his assistant to give bonds. Salaries of same.
$ 217. The present public administrator in the city of New York shall,
upon the passage of this act, and any person hereafter appointed to the
office of public administrator shall, before entering upon the duties of his
Orlice, execute a bond with such sureties as shall be approved by the
mayor or recorder of the said city, to the mayor, aldermen and common-
alty thereof, in the penal sum of fifty thousand dollars conditioned for
the faithful discharge of all duties enjoined on him by law, and particu-
larly that he will account for and pay over all moneys and property that
may come to his hands as such administrator, according to law. The
assistant public administrator shall, in addition to his other powers,
possess every power and perform all and every duty belonging to the
nce of public administrator, when in the case of sickness or other dis-
ability of the public administrator, the public administrator, or either of
the surrogates of the county of New York, shall designate and authorize
him so to act, such designation and authority, to be duly filed in the
1024
APPENDIX XI.
surrogate's office of the county of New York; before acting, however,
under such designation and authorization, such assistant public adminis-
trator shall give a bond in the penal sum of twenty-five thousand dollars,
in the same form as herein prescribed for the public administrator and
with like approval; such authority to the assistant public administrator
shall cease and determine upon the resumption of duty by the public
administrator, or upon the written direction of either of said surrogates
to that effect. The annual salaries to be paid the public administrator
and assistant public administrator, after the passage of this act, shall be
as follows: To the public administrator the sum of six thousand dollars;
to the assistant public administrator the sum of three thousand and five
hundred dollars; the board of estimate and apportionment are hereby
authorized, empowered and directed to provide for the payment of such
salaries for the remainder of the year eighteen hundred and ninety-six
by the issue of revenue bonds, and the amount necessary for the redemp-
tion of such bonds shall be included in the final estimate for the year
eighteen hundred and ninety-seven. (As amended by L. 1896, ch. 195, § 1.)
Id.; commissions of.
§ 218. The public administrator shall retain a commission, over and
above all expenses, upon all moneys that shall come into his hands, at
the rate of five dollars upon the hundred dollars, upon all sums received
from any one estate, not exceeding two thousand five hundred dollars;
and upon all sums so received exceeding that sum, at the rate of two
dollars and fifty cents upon every hundred dollars; which sums may be
so retained in preference to any debts or claims, excepting funeral
charges. The moneys so retained shall be accounted for and paid by
him into the treasury of the city of New York.
1
Id.; authority and duties.
$ 219. In the right of his office, the public administrator shall have
authority to collect and take charge of the goods, chattels, personal
estate, and debts of persons dying intestate, and for that purpose to
maintain such suits, as public administrator, as any executor might by
law, in the following cases:
1. Whenever any person shall die intestate, either within this state or
out of it, leaving any goods, chattels, or effects within the city and
county of New York.
2. Whenever any goods, chattels, or effects of any person who shall
have died intestate shall arrive within the said city and county, after bis
death.
3. Whenever any person coming from any place out of the state, 11
a vessel bound to the port of New York, and arriving at the quarantine,
near the city of New York, shall there die intestate, and shall leave any
effects either at the said quarantine or in the city of New York, or else-
where.
4. Whenever any effects of any such person so arriving and dying int
tate at the said quarantine shall, after his death, arrive either at the salu
quarantine or within the city of New York.
5. Whenever any person, coming from any place out of this state it
:
1025
APPENDIX XI.
a vessel bound to the port of New York, shall die intestate on his passage,
and any of his effects shall arrive at the said quarantine
In all the preceding cases, intestacy shall be presumed until a will shall
be proved, and letters testamentary be granted thereon.
(a) The limitations in 8 220 have no application to subdivision 1 of this
section, but only to 3, 4 and 5. Matter of Brewster, 5 Dem. 259; contra,
Matter of Page, 107 N. Y. 266, 270.
(6) It seems that the provisions of subdivision 1 are limited to cases
mentioned in the two subdivisions of section 220. Matter of Page, ante.
(C) An interest of a decedent in a company formed under laws of this
state for whose stock he had subscribed, and which stock had been
reduced to possession by administrators of decedent's domicil, in absence
of other assets in this state, does not give the public administrator power
to collect debts due the estate in this state. Matter of Paramore, 15 N. Y.
State Rep. 851.
(d) See Remsen v. Remsen, 2 Johns. Ch. 495.
Limitations of powers of public administrator.
$ 220. But the last section shall not confer on the public administra-
tor any authority in respect to the estate of any person not a citizen of
this state dying within or outside of this state, or on board of any
foreign vessel within the harbor of New York, unless -
1. Such person shall have landed within the city or county of New York,
or at the quarantine near the said city; or,
2. Unless the effects of such person, or some part of them, shall have
been so landed and when any effects of such person shall have been so
landed the authority of the public adiministrator shall extend to such
effects only; or,
3. Unless the decedent died leaving personal property within the
county of New York, or leaving personal property which has since his
death come into the county, and remains unadministered. And the
public administrator shall have no authority to collect and take charge
of the wages and effects of seamen dying on board the vessels of a foreign
country, whose laws entrust the custody and disposition of such wages
and effects to their respective consuls or consular officers. (As amended
by L. 1896, ch. 195, § 2.)
(a) Section 220 in restricting the operation of subdivisions 3, 4 and 5 of
this section, was obviously intended to prevent the public administrator
Irom taking charge of the effects of decedents not citizens of the state
Unless such decedents, or their goods, have been landed within the city
of at the quarantine near the city. Matter of Brewster, 5 Dem. 259, 265;
contra, Matter of Page, 107 N. Y. 266, 270.
1d.; when order from surrogate necessary.
.8 221. Whenever there shall be any widow, or next of kin of any such
intestate, entitled to a distributive share in his estate, residing in the
uty of New York at the time of his death, the public administrator,
upon receiving notice of such fact, shall not have any authority to inter-
e with the effects of the deceased until he shall have obtained an order
om the surrogate to take charge thereof. Such order may be granted
the surrogate, upon the application of the public administrator, and
65
1026
APPENDIX XI.
upon due proof being made to him, by affidavit, that the effects of the
deceased are in danger of waste or embezzlement, or that for any other
reason it would be for the benefit of the estate to have the same, or any
part thereof, seized and secured.
Id.; surrogate's, etc., order as to concealed effects.
§ 222. Whenever, in any of the cases in which the public administrator
is authorized to take charge of the effects of any intestate, any goods,
chattels, credits, or effects of the deceased, or of which he had possession
at the time of his death, or within twenty days previous thereto, shall
not have been delivered to the public administrator, nor accounted for,
satisfactorily, by the persons who were about the deceased in his last
sickness, or in whose hands the effects of the deceased, or any of them,
may be supposed at any time to have fallen, the public administrator
may institute an inquiry concerning the same; and upon satisfying the
surrogate, by affidavit, that there are reasonable grounds for suspecting
that any such effects are concealed or withheld, he shall be entitled to
a subpoena to be issued by the surrogate under his seal of office, to such
persons as the said public administrator shall designate, requiring them
to appear before such surrogate, at the time and place therein to be speci-
fied, for the purpose of being examined touching the estate and effects of
the deceased. If the surrogate be absent from the city, such application
for a subpoena may be made to any justice of the supreme court, to the
first judge of the court of common pleas of the said city and county, or
to the recorder of said city, either of whom is hereby authorized to issue
such subpoena, under his hand and private seal, in the same manner as
the surrogate.
(a) 2706, Code of Civil Procedure, has no reference to a proceeding
instituted under this section. Estate of Paramore, cited under $ 224, post.
(0) In a case where the public administrator is in charge of an intes-
tate's estate not virtute offlcii, but under letters of administration issued
to him out of the surrogate's court, an application by him for discovery
of property of the estate alleged to be concealed and withheld, is gov-
erned by $$ 2706-2714, Code of Civil Procedure, and not by this section.
Matter of Elias, 4 Dem. 139; S. C., 2 How. Pr. (N. S.) 159. Compare Estate
of Paramore, 15 N. Y. State Rep. 449
Id.; subpoena to aid in discovering assets.
$ 223. Such subpoena shall be served in the same manner as in civil
causes, and if any person shall refuse or neglect to obey the same, or
sball refuse to answer touching the matters hereinafter specified, he shall
be attached and committed to prison by the said surrogate or other
Officer so issuing such subpoena, in the same manner as for disobedience
of any citation or subpoena issued by a surrogate in any case within his
jurisdiction. Upon the appearance of any person so subpoenaed before
such surrogate or other officer, he shall be sworn truly to answer all ques-
tions concerning the estate and effects of the deceased, and shall be
examined fully and at large, by the public administrator, in relation to
the said effects.
APPENDIX XI.
1027
Id.; warrant in cases of concealment. .
§ 224. If, upon any inquiry, it shall appear to the officer conducting
the same, that any effects of the deceased are concealed or withheld, and
the person having possession of such property shall not give the security
herein specified, for the delivery of the same, such officer shall issue his
warrant, directed to the sheriff, marshals, and constables of the city or
county where such effects may be, commanding them to search for and
seize the said effects, and for that purpose, if necessary, to break open
any house in the daytime, and to deliver the said property so seized to
the public adminnstrator, which warrant shall be obeyed by the officers
to whom the same shall be directed and delivered, in the same manner as
the process of a court of record. But such warrant shall not be issued
to seize any property, if the person in whose possession such property
may be, or any one in his behalf, shall execute a bond, with such sure-
ties, and in such penalty as shall be approved by the surrogate, or other
officer acting in his place, to the public administrator, conditioned that
such obligors will account for and pay to the said public administrator
the full value of the property so claimed and withheld (and which shall
be enumerated in the said condition), whenever it shall be determined in
any suit to be brought by the public administrator, that the said property
belongs to the estate of any deceased person, which the administrator
lias, by law, authority to collect and preserve.
(a) This provision applies to property belonging to the deceased or in
his custody. But it would seem the statute was not intended to apply if
the deceased had not possession of such property at the time of his death,
or twenty days previous thereto, and the property was claimed adverse to
the decedent in his life-time. Matter of Black, 3 Bradf. 244.
(6) In a discovery proceeding instituted under section 222, no answer
is contemplated, and the right of the public administrator to the issue of
the warrant provided by this section depends entirely upon the disclos-
ures of the examination of the witness brought in by the subpoena.
Estate of Paramore, 15 N. Y. State Rep. 449.
Id.; health officer to assist in certain cases.
§ 225. Whenever any effects of a deceased person, of which the public
administrator is authorized to take charge, shall be at the quarantine at
the time of the death of such person, or shall arrive there afterwards, it
shall be the duty of the health officer, his assistants or deputies, which-
ever shall be present, to secure the said effects from waste and embezzle-
ment, and to make a true inventory thereof, and when the rightful claim-
ants of such effects do not appear within three months, to deliver the
same, with such inventory, to the public administrator, and immediately
to give information of such effects to the public administrator, to cause
an inventory or account thereof to be taken, and to deliver the same to
we said public administrator, unless the said property be of such
a description as ought not to be removed, or may be ordered to be
destroyed under the laws concerning the public health.
14.; duties respecting perishable property.
$ 226. If any property taken into the charge of the public administrator
suall be in a perishing condition, he may immediately sell the same at
1028
APPENDIX XI.
public auction, on obtaining an order for that purpose from the surro-
gate, which shall be granted on due proof of the fact.
Id.; when to give notice of application for letters.
§ 227. If the property of any intestate of which the public adminis-
trator is authorized to take charge shall exceed in value the sum of one
hundred dollars, he shall immediately give notice of his intention to
apply to the surrogate for letters of administration upon the estate of
such intestate, specifying the time and place when such application will
be made. Such notice shall be served personally on the widow and the
relatives of the intestate entitled to any share in his estate, if there be
any to be found in the city, at least thirty days before the time therein
specified. If there be none to be found in the said city, and in all cases
where the notice shall not have been personally served, it shall be pub-
lished at least twice in each week, for four weeks, in some newspaper
printed in the city.
(a) The circumstances under which the public administrator may
obtain letters of administration upon a decedent's estate are prescribed
by this section and not by the Code of Civil Procedure. Matter of Brew-
ster, 5 Dem. 259.
(0) A relative of the intestate is not entitled to notice of the intention
of the public administrator to apply for letters unless he is actually enti-
tled to a share in the estate, although having a prior right to the letters
over the public administrator. Matter of Brewster, ante.
(C) Where letters are granted to the public administrator without serv-
ice or publication of notice of his intention to apply for such letters, the
grant of the same is irregular and the letters may be revoked. Proctor
v. Wanmaker, 1 Barb. Ch. 302.
(d) Where notice of intention to apply for letters was given by the
public administrator, and at the time specified in the notice counsel for
the widow and next of kin appeared before the surrogate to oppose the
granting of the letters, and the public administrator failed to appear, but
subsequently and without notice to said counsel and in his absence, the
letters were granted, held, that the letters were void. Matter of Page,
107 N. Y. 266.
(e) The public administrator under 2 R. S. 74, has a right of administra-
tion contingent upon the refusal of others who have a prior right; the
public administrator after proper service of notice of application, if no
widow or relative competent,' qualified and willing to take, appears, is
entitled to administration, at least where there are creditors of the
deceased in the county. Matter of Page, ante.
Id.; grant of letters to, may be contested. When widow, executor, etce,
entitled to letters.
$ 228. At the time specified in such notice, any person interested in
the estate of the deceased may appear and contest the granting of let
ters of administration to the public administrator, and shall be entitled
to subpoena to compel the attendance of witnesses on such hearing. If it
shall appear that the deceased has left any will of his personal property,
by which any executor is appointed who is competent and qualified
far
APPENDIX XI.
1029
according to law to take upon him the execution of such will; or if it
shall appear that there is a widow or any relative of the deceased enti-
tled to a share in his estate, willing, competent, and qualified according
to law to take letters of administration, with the will annexed, if there be
one, or to take letters of administration, if there be no will, then letters
testamentary shall be granted to such executor, or letters of administra-
tion shall be granted to such widow or relative, as in other cases. Upon
such letters testamentary or letters of administration being granted, all
control and authority of the public administrator over the estate of the
deceased shall cease, and every order that may have been previously
granted to him in relation to the estate shall be revoked.
Id.; expenses of, to be taxed by surrogate.
$ 229. The expenses incurred by the public administrator, in all neces-
sary measures for securing and guarding the effects of the deceased from
waste and embezzlement, of serving and publishing the notice aforesaid,
and of obtaining any necessary order from the surrogate, and of execut-
ing such order, shall be taxed and allowed by the surrogate, and may be
retained by the public administrator out of any moneys or effects of
the deceased in his hands, and the residue thereof shall be delivered by
him to the executor or administrator so allowed or appointed, without
any abatement or deduction for commissions or for any other charges
than such as shall have been so allowed and taxed. If there shall be no
moneys or effects of the deceased in the hands of the public administra-
tor to pay such expenses, the same, after being allowed and taxed, shall
be paid by the executor or administrator so appointed, in preference to
all other debts or claims, except funeral charges, and the public admin-
istrator may maintain an action therefor in his own name.
Id.; when letters to be granted.
$ 230. If no executor be allowed, and no letters testamentary or of
administration be granted by the surrogate to any other person, at the
time specified for hearing the application, or at such other times as shall
have been appointed, then, unless it appear that letters testamentary or
of administration have already been granted on s'uch estate, the surro-
gate shall grant letters of administration thereon, with the will annexed
or otherwise, as the case may require, to the public administrator, briefly
stating that the administration of the goods, chattels, credits and effects
of the deceased has been granted to him according to law; which letters,
the record thereof, and a transcript of such record duly certified, shall
be conclusive evidence of the authority of said public administrator in
all cases in which he is authorized by law to act.
Id.; to give notice where property worth over one hundred dollars.
$ 231. If the property of any intestate, or of which the public adminis-
trator is authorized to take charge, be worth a sum not exceeding one
hundred dollars, he shall immediately give notice, briefly stating that the
effects of the deceased, naming him, with his addition, in the hands of
the public administrator, will be administered and disposed of by him
according to law, unless the same be claimed by some lawful executor
1030
APPENDIX XI. .
or administrator of the deceased, by a certain day to be specified in such
notice, not less than thirty days from the service or first publication
thereof, as herein directed. Such notice shall be personally served on
the widow and every relative of the deceased who shall be residing in
the city of New York, if any can be found; and if none be found, and
in all cases where such personal service shall not have been made, the
notice shall be published once in each week, for four weeks, in a news-
paper printed in the city.
Id.; affidavit to be filed by.
$ 232. If, at the time appointed in such notice, no claim to the effects
of the deceased shall have been made by any lawful executor or adminis-
trator, the public administrator shall make and file in the office of the
surrogate an affidavit, stating the value of the property and effects of
the deceased, the service and publication of the notice by him, as above
directed, and that no claim has been made according to law, and that he
has taken upon himself the administration of the estate of the
deceased. Upon filing such affidavit, the public administrator shall be
vested with all the rights and powers, and be subject to all the duties of
an administrator of the estate of the deceased, in the same manner as if
letters of administration had been granted. Such affidavit, and a duly
certified copy thereof, shall be presumptive evidence of the facts therein
contained, and that administration of the estate of the deceased has been
committed to the public administrator according to law.
Powers of public administrator as to estate prior to letters of adminis-
tration to him.
$ 233. Until letters of administration shall be granted to the public
administrator, or until an affidavit shall be filed by him as above directed,
he shall not proceed in the administration of any estate, further than to
pay funeral charges of the deceased, to take possession of and secure
his effects as herein before authorized, to sell such of them as shall be
perishable, or such as it may be necessary to sell for the preservation
and benefit of the estate, and to defray the expenses of such proceedings,
and of serving and publishing notices, and of taking out letters of admin-
istration; but he shall have authority, by virtue of his office, to receive
and dispose at public auction of all property except cash, which may
be delivered to him of persons dying and reported to him by the com-
missioner of charities and corrections, and by coroners, or by any other
person, not exceeding in value in any one case twenty dollars, when the
same is unclaimed for a period of three months after the delivery in each
particular case, and he shall pay the proceeds of such sales, and of such
estates so unclaimed, into the city treasury to the credit of account om
intestate estates, without deduction other than for lawful debts or claims
for funeral expenses, payable out of the same, and commissions. (AS
amended by L. 1895, ch. 610, $ 1.)
Id.; duties of, in cases of unnaturalized foreigners.
§ 234. Whenever the deceased, of whose estate the public administrator
is authorized to take charge, shall be a foreigner, and shall not have
become naturalized, or taken any steps for that purpose, it shall be the
... APPENDIX XI.
1031
duty of the public administrator to serve upon the consul of the nation
to which the deceased belonged, if any there be in the city, the notice of
· his intention to apply for letters of administration, and of his intention
to administer, hereinbefore specified, in the same manner as they are
herein directed to be served upon the widow or relative of the deceased.
Id.; to deliver assets to lawful executor or administrator.
$ 235. If any lawful executor or administrator shall appear to claim
the effects of the deceased, at any time before the public administrator
becomes vested with the power of administering such effects, he shall, on
producing the letters testamentary or of administration, be entitled to
receive the goods and effects of the deceased in the hands of the public
administrator, after.deducting the charges specified in section two hun-
dred and twenty-nine hereof, to be allowed and taxed by the surrogate
as therein directed.
Id.; powers of, when superseded.
$ 236. The powers and authority of the public administrator, in rela-
tion to the estate of any deceased person, shall be superseded in the three
following cases:
1. Where letters testamentary shall be granted to any executor of
a will of any deceased person, either before or after the public adminis-
trator shall have taken letters, or become vested with the powers of an
administrator upon such estate.
2. Where. letters of administration of such estate shall have been
granted to any other person, before the public administrator became
vested with the powers of an administrator upon the same estate.
3. Where letters of administration shall be granted upon such estate,
by any surrogate having jurisdiction, at any time within six months after
the public administrator became vested with the powers of an adminis-
trator upon such estate.
Id.; when relative of deceased may supersede.
$ 237. If any relative of deceased entitled to administration on his estate,
being competent and qualified according to law, shall, within three
months after the public adminstrator has become vested with the powers
of an administrator on such estate, apply to the surrogate of New York
for letters of administration, the same shall be granted to him, upon
proof to the surrogate that the applicant did not reside in the city at the
tiine of the death of the intestate; or that, residing in the said city, no
Totice was served on him as herein required. Upon notice being given
to the public administrator of the granting such letters testamentary, or
letters of administration, in either of the cases aforesaid, by producing
to him duly attested copies thereof, his powers and authority in relation
to such estate shall cease; and he shall deliver over to the executor or
administrator so appointed the property, monėys, and effects in his
hands belonging to the said estate, after deducting his commissions on
the moneys received by him, at the rate hereinbefore allowed, and the
expenses incurred by him in section two hundred and twenty-nine hereof,
to be allowed and taxed as therein directed.
1032
APPENDIX XI.
Id.; suits by, not to abate.
$ 238. No suit that shall have been commenced by the public adminis-
trator shall abate on account of his authority having ceased for any
cause; but the same may be continued by his successor, or the executor
or administrator of the deceased, who shall succeed him in the adminis-
tration of the estate, in relation to which such suit shall have been
brought.
(a) In case of resignation or removal of a public administrator who is
defendant in a suit, the plaintiff may apply to substitute his successor,
and the latter may, if he thinks proper, apply to amend the former pro-
ceedings or file a new answer and open the proofs. Burras v. Looker, 2
Edw. Ch. 499. See Matter of Conway, cited under § 244, post.'
8 239. Whenever the public administrator shall become vested with the
right of administering upon any estate, whether by right of his office or
by grant of original letters of administration, or letters of administration
de bonis non, or letters of administration with the will annexed, he shall
possess the following rights and powers and be subject to the following
obligations:
1. He shall have all the rights, powers and authority given by law to
any administrator, except so far as the same may be qualified by the
provisions of this act.
2. He may, like any administrator, sue and be sued.
3. He shall make and return an inventory in all cases, in the same
manner and within the same time'as is required by law of other adminis-
trators, and the same proceedings may be had to compel such return.
4. He may sell the personal property of the deceased at public auction,
after publishing notice thereof three days, daily, in two newspapers in
the city of New York.
5. He shall not sell any public stock, or stock in any incorporated com-
pany, except upon the order of the surrogate.
6. In all cases where the estate of any deceased person in his hands,
after the payment of funeral expenses, is less than the value of fifty
dollars, he may make distribution of the estate without notice to the
creditors of the deceased to exhibit their claims, but in all other cases he
shall give notice by a publication once in each week for eight weeks in
two newspapers printed in said city; if a suit be brought on a claim
which is not presented to him within six months from the date of his
letters of administration, he shall not be chargeable for any assets or
moneys that he may have paid in satisfaction of any lawful claims or
of any legacies or in making distribution to the next of kin, husband
or wife before such suit was commenced, provided he shall have given
said notice.
7. He may proceed as other administrators are allowed by law to dis-
cover assets or obtain any knowledge or information which will in any
way aid him in making discovery of assets which ought to be delivered
to him and appraised and to obtain the delivery and possession of the
same; the surrogate may even though an answer be filed as provided in
section twenty-seven hundred and nine of the code of civil procedure,
direct the person cited to be examined as to any knowledge or informa-
APPENDIX XI.
1033
tion he may have which may in any way aid the administrator in making
discovery of assets.
8. He shall adjust and pay all demands against the estate of the
deceased, in the same manner as other administrators; and like them,
may refer all disputes respecting such demands.
9. Six months after he shall become vested with the right of administer-
ing upon any estate, and except in the cases mentioned in paragraph
sixteen of this section, he shall account on oath to the surrogate for all
the assets. of such estate received by him, and for the application thereof,
and the same proceedings may be had to compel such account as are
provided by law in the case of administrators.
10. He may, in his discretion, proceed as other administrators are
allowed by law, after the expiration of six months from the time he
became vested with the powers of an administrator on any estate, to
have a final settlement of his accounts in relation to such estate, and with
the like effect.
11. In the settlement of his accounts, he shall not be allowed for any
payment made by him, unless in addition to the other vouchers therefor,
it shall appear that the same were made on a check, signed by himself,
upon the bank or banks in which his deposits are required to be made,
excepting that he may be allowed for current expenses authorized by law,
expenses of administration and claims of creditors and distributive shares
and legacies, not to exceed twenty dollars paid at any one time.
12. In the settlement of his accounts, he shall not be allowed for any
demand which he may have against the estate of the deceased, unless
such demand was specified in writing to the surrogate at the time of
applying for letters of administration; or at the time of filing the affi-
davit herein required to vest him with rights of an administrator, nor
unless it shall appear that he had such demand, or that his responsibility,
on which it may be founded, existed, previous to the death of the person,
against whose estate it may be exhibited.
13. He shall pay all legacies and shares of the estate of the deceased,
according to the decrees of the surrogate.
14. The balance of any money remaining in his hands on the adjust-
ment of his accounts shall be paid into the treasury of the city; and he
shall transfer and deliver to the corporation of the said city all public
stocks, and all stock in any incorporated company belonging to the estate
of the deceased.
15. Whenever in the performance of his duty he shall take an appeal
from any decision affecting an estate in his hands, an undertaking shall
not be required to perfect such appeal or to stay execution.
16. When the estate in his hands, or any part thereof, is not claimed
by the widow, husband, next of kin, legatees and creditors of the
deceased for a period of two years after the estate passes into his posses-
sion, and, after paying the just debts of the deceased and the expenses of
administration, the balance of said estate is less than two hundred and
fifty dollars, he shall pay the residue unclaimed into the city treasury, to
the credit of account of intestate estates; the rights and remedies of all
persons interested in any estate, or part of any estate, so paid into the
city treasury, whether as widow, husband, next of kin, legatee, creditor or
otherwise, to compel an accounting by him before the surrogate of the
1034
APPENDIX XI.
county of New York are not hereby affected or impaired, but the decree
of distribution which shall be made in such proceedings shall provide
that the payments therein directed shall be made by the comptroller out
of the intestate estates account of the city treasury.
17. Where the estate in his hands is claimed by the widow, husband,
next of kin, legatees or creditors of the deceased, any or all of whom
reside out of this State, and, after paying the just debts of the deceased
and the expenses of administration, the balance of said estate is less than
two hundred and fifty dollars, service of the citation upon the judicial
settlement of his account shall be made upon those persons only whose
places of residence are known; the order of the surrogate directing the
service of the citation upon those persons who reside out of the State
shall direct that the public administrator, at least forty days before the
return day of said citation, deposit in the post-office in the city of New
York copies of the citation and said order, contained in a securely closed
post-paid wrapper, directed to the person or persons to be served, at
a place or places specified in the order, and service made in accordance
with said order shall be sufficient service; he shall pay the share or
shares of any unknown persons, or of any persons whose places of resi-
dence are unknown, including creditors, in and to such estate, into the
treasury of the city of New York to the credit of the account of intestate
estates, but the rights and remedies of all such persons to compel an
accounting by him are not hereby affected or impaired, but the decree of
distribution which shall be made in such proceedings shall provide that
the payments therein directed shall be made by the comptroller out of
the intestate estates account of the city treasury (As amended by L.
1895, ch. 610, $ 2, and L. 1896, ch. 195.)
Public administrator to deposit moneys received.
§ 240. The public administrator shall deposit all moneys by him col-
lected and received, within two days after the receipt thereof, in the
banks or trust companies designated by him, said depositories to be
among the banks and trust companies designated pursuant to law for the
deposit of the moneys of the mayor, aldermen and commonalty of the
city and county of New York, to the credit of himself, excepting so much
as may be necessary to pay the current expenses of any proceedings
authorized by law, which shall be allowed by the surrogate, and expenses
of administration, and shall not exceed twenty dollars in any one case.
The moneys so deposited shall be drawn out on the check of the public
administrator, in the cases where by law the public administrator is
required to pay out moneys. (As amended by L. 1896, ch. 195, § 4.)
Id.; advances by, to relatives.
§ 241. The public administrator may at any time advance to any relative
of the deceased such portion of the share of any estate to which he may
be entitled, not exceeding fifty dollars, as in the opinion of the surrogate
may be necessary for the support of such relative.
Annual report by public administrator; publication of same.
§ 242. The public administrator shall exhibit to the board of aldermen,
APPENDIX XI.
1035
.
on the first day of January in each year, or within fourteen days after
that day, á statement on oath of the total amount of his receipts and
expenditures in each case in which he shall have taken charge of and
collected any effects, or in which he shall have administered during the
preceding year, with the name of the deceased, his addition, and the
country and place from which he came, if the same be known. The said
statement shall be published in the City Record three times each week
for three weeks, and brief notices referring to such publication shall be
published for the like period and times in three daily newspapers to be
designated by the board of City Record, the payment of the expense of
which shall be made through the proper disbursing officer of the finance
department from an appropriation to be provided by the board of esti-
mate and apportionment in the final estimate, on vouchers to be filed in
said department, certified by the public administrator, by warrants.
drawn on the city treasury in the manner now prescribed by law. (As
amended by L. 1895, ch. 610, $ 3.)
Id.; penalty for failure to report.
§ 243. If any public administrator shall neglect to render or to publish
such statement as hereinbefore required, he shall forfeit five hundred
dollars, to be recovered by the attorney-general, for the use of this state;
and on such recovery being had, he shall forfeit his office, and be there-
after incapable of being appointed to the same. .
Id.; corporation responsible for acts of.
§ 244. The mayor, aldermen, and commonalty shall, in all cases, be
responsible for the application of all moneys received by the public
administrator, according to law, and for the due and faithful execution
of all the duties of his office. The said corporation shall also be answer-
able for all stock transferred by the public administrator, and the divi-
dends received thereon, and for all moneys paid into the city treasury
by him, or which ought to be so transferred or paid in according to law,
after deducting therefrom the commissions allowed by law; but not for
any interest on such moneys, or dividends on stock. All persons who
shall be entitled to receive such moneys and stock, as creditors, legatees,
or relatives of the deceased, and all persons aggrieved by any unauthor-
ized acts or omissions of the public administrator, shall have the same
remedies against the said corporation for the same as they would have
against any executor.
(a) The city is liable for the acts of the public administrator within
the scope of his duty, as its agent. Nash v. The Mayor, 4 Sandf. 1; Glover
1. The Mayor, 7 Hun, 232; Douglass v. The Mayor, 56 How. Pr. 178.
(6) But the city is not liable for acts illegal and done outside of his
office. Douglass v. The Mayor, ante. See Matthews V. The Mayor, 1
Sandf. 132.
(C) See Suarez v. The Mayor, 2 Sandf. Ch. 173, 179, for reasons why city
is not liable for interest on moneys paid into the city treasury by the
public administrator under this section.
(d) Persons entitled to receive money paid into the city treasury by
the public administrator as administrator of a decedent's estate, may
1036
APPENDIX XI.
obtain it under this section through a proceeding instituted under sec-
tion 2717, Code of Civ. Pro. Matter of Conway, 5 Dem. 290.
(e) The public administrator is liable personally for property taken by
him from the possession of a mortgagee who had obtained such posses-
sion in the lifetime of the intestate mortgagor, although such public
administrator acted in his official capacity and in good faith. Levin v.
Russell, 42 N. Y. 251, 254.
Public administrator to deliver papers and moneys to his successor.
$ 245. Whenever the public administrator shall resign, or be removed
from his office, he shall immediately deliver over all papers, money and
effects in his hands to his successor; and in case of the death of such
officer, the persons in whose custody or possession any such papers,
muoney or effects may come, shall, on demand, deliver the same to the
successor duly appointed. Such successor, upon duly qualifying, shall at
once succeed to all the rights, duties and powers of his predecessor or
predecessors in office without the reissuance of letters of administration
to him. Such delivery may, in either case, be enforced in the manner
provided by law in relation to public officers. (As amended by L. 1895,
ch. 610, § 4.)
Id.; deaths in hotels, etc., to be reported to.
§ 246. Every person keeping a hotel, or boarding or lodging-house in
the city, shall report in writing to the public administrator the name of
every person not a member of his family, who shall die in his or her
house, within twelve hours after such death; and every coroner, within
twelve hours after an inquest, shall report to the public administrator
the name, if known, of the deceased person. Every undertaker shall also
report to the public administrator, within twelve hours after burial by
him, any deceased person having no next of kin known to him to be enti-
tled to administer, the name and residence of such deceased person.
Whoever shall neglect to comply with this provision shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be punishable
by imprisonment in the penitentiary for a period not exceeding six
months nor less than one month, or by a fine of one hundred dollars, one
inoiety of which shall be given to the informer and the other moiety paid
into the city treasury.
Id.; to deliver copies of foregoing section to hotels, etc.
$ 247. The public administrator shall cause a copy of the last section to
be left at every boarding and lodging-house in the city, at least once in
each year; and he shall not be entitled to recover of any person the pen-
alty given by the last section, without due proof of the service of a copy
of that section, personally on the defendant, previous to the neglect for
which such suit may be brought, and within one year before the com-
mencement of such suit.
APPENDIX XII,
THE ROYAL ENGLISH COLONIAL CHAR-
TERS OF THE CITY OF NEW YORK.
GOV. NICOLLS' CHARTER.*
WHEREAS, upon mature deliberation and advice, I have found it
necessary to discharge the form of government late in practice within
this his Majesty's town of New York, under the name and style of
Schout, Burgomasters, and Schepens, which are not known or custom-
ary in any of his Majesty's dominions.- To the end that the course of
justice for the future, may be legally, equally and impartially admin-
istered to all his Majesty's subjects, as well inhabitants as strangers.-
Know all men by these presents, that I, Richard Nicolls, Deputy Gov-
ernor to his Royal Highness, the Duke of York, by virtue of his Majesty's
letters patent, bearing date the 12th day of March, in the sixteenth
year of his Majesty's reign, do ordain, constitute and declare, that the
inhabitants of New York, New Harlem, and all other his Majesty's sub-
jects, inhabitants upon this island, commonly called and known by the
name of Manhattan Island, are and shall be forever accounted, nominated
and established, as one body politic and corporate, under the government
of a Mayor, Aldermen and Sheriff; and I do by these presents constitute
and appoint, for one whole year, commencing from the date hereof,
and ending the 12th day of Tune, which shall be in the year of our Lord,
1666; Mr. Thomas Willet to be Mayor, Mr. Thomas De La Vall, Mr. Olaffe
Stevenson, Mr. John Brugges, Mr. Cornelius Van Ruyven and Mr. John
Lawrence to be Aldermen; and Mr. Allard Anthony to be Sheriff; giv-
ing and granting to them, the said Mayor-and Aldermen, or any four of
them, whereof the said Mayor or his Deputy shall be always one, and
upon equal division of voices, to have always the casting and decisive
voice, full power and authority to rule and govern as well all the in-
habitants of this Corporation as any strangers, according to the general
thought convenient or necessary for the good and welfare of this his
Majesty's Corporation; as also to appoint such under officers as they
shall judge necessary for the ordinary execution of justice. And I do
from time to time, all such warrants, orders and constitutions as shall
*A charter was granted to the city by the Dutch Government on February 2,
1657, which is on file in the Secretary of State's office. See Kent's City Charters,
P. 107; Hoffman's Estate and Rights of Corporation of New York, vol. 1, p. 18.
1038
APPENDIX XII.
be made by the said Mayor and Aldermen, as they will answer the con-
trary at their utmost peril; and for the due administration of justice,
according to the form and manner prescribed in this commission by the
Mayor, Aldermen and Sheriff these presents shall be to them, and every
of them, a sufficient warrant and discharge in that behalf.
Given under my hand and seal, at Fort James, in New York, this 12th
day of June, 1665.
RICHARD NICOLLS.*
THE DONGAN CHARTER.
George the Second, by the grace of God, of Great Britain, France
and Ireland, king, defender of the faith, etc. To all whom these pres-
ent letters shall come, greeting :
WHEREAS, On the twenty-second day of April, in the year of our
Lord one thousand six hundred eighty and six, Thomas Dongan, then
lieutenant-governor and vice-admiral of New York and its dependencies,
under our predecessor, James (the Second), then king of England, etc.,
did make and execute a certain grant, or instrument in writing, under
the seal of the province of New York, in these words following:
1. Thomas Dongan, lieutenant-governor and vice-admiral of New
York and its dependencies, under his majesty James (the Second), by
the grace of God, of England, Scotland, France and Ireland, king, de-
fender of the faith, supreme lord and proprietor of the colony and
province of New York, and its dependencies in America, etc., to all
to whom this shall come, sendeth greeting:
Recital of ancient rights and privileges..
WHEREAS, The city of New York, is an ancient city within the
said province, and the citizens of the said city, have anciently been a
body politic and corporate; and the citizens of the said city have held,
used and enjoyed, as well within the same, as elsewhere, in the said
province, divers and sundry rights, liberties, privileges, franchises, free
customs, pre-eminences, advantages, jurisdictions, emoluments and im-
munities, as well by prescription as by charter, letters patent, grants and
confirmations, not only of divers governors and commanders in chief,
in the said province, but also of several governors, directors, generals
and commanders in chief, of the Nether Dutch nation, whilst the same
was, or has been under their power and subjection; and
WHEREAS, Divers lands, tenements and hereditaments, jurisdictions,
liberties, immunities and privileges, have heretofore been given and
granted, or mentioned to be given and granted, to the citizens and
inhabitants of the said city, sometimes by the name of schout, burgo-
masters, and schephens of the city of New Amsterdam; and sometimes
by the name of the mayor, aldermen and commonalty of the city of
New York; sometimes by the name of the mayor, aldermen and sheriff,
of the city of New York ; sometimes by the name of the mayor and
aldermen of the city of New York; and by divers other names as by
* The ancient spelling of the original charter is not reproduced above. For
acts of the corporation under this charter, see Hoffman's Estate and Rights of
Corporation of New York, vol. 2, p. 5.
+ For petition of mayor, aldermen and commonalty of city of New York to
Lieutenant-Governor Dongan for this charter, see Hoffman's Estate and Rights of
Corporation of New York, vol. 2, p. 7.
APPENDIX XII.
1039
their several letters patents, charters, grants, writings, records and
minuments, amongst other things, may more fully appear; and
WHEREAS, The citizens and inhabitants of the said city have erected,
built and appropriated, at their own proper costs and charges, several
public buildings, accommodations, and conveniences for the said city,
that is to say, the city hall, or stat-house, with the ground thereunto
belonging, two market-houses, the bridge into the dock, the wharves or
dock, with their appurtenances; and the new burial place without the
gate of the city; and have established and settled one ferry from the
said city of New York to Long Island, for the accommodation and con-
venience of passengers, the said citizens and travelers; and
WHEREAS, Several, the inhabitants of the said city, and of Manhat-
tan's Island, do hold from and under his most sacred majesty respect-
ively, as well by several and respective letters, patents, grants, charters
and conveyances, made and granted by the late lieutenants, governors
or commanders in chief, of the said province as otherwise, several and
respective messuages, lands, tenements and hereditaments, upon
Manhattan's Island, and in the city of New York, aforesaid, and that
as well the said mayor, aldermen and commonalty of the said city,
and their successors, as also, the inhabitants of the said Manhattan's
Island, and the city of New York, aforesaid, and their heirs and as-
signs respectively, may hold; exercise and enjoy, not only such and the
same liberties, privileges and franchises, rights, royalties, free custom,
jurisdictions and immunities, as they have anciently had, used, held and
enjoyed; but also such public buildings, accommodations, conveniences,
messuages, tenements, lands and hereditaments, in the said city of New
York, and upon Manhattan's Island aforesaid, which, as aforesaid, have
been by the citizens and inhabitants erected and built, or which have
as aforesaid, been held, enjoyed, granted and conveyed unto them, or
any of them respectively.
.
Grant to the corporation of all their former rights and privileges.
2. Know ye, therefore, that I, the said Thornas Dongan, by virtue of
the commission and authority unto me given, and power in me resid-
ing, at the humble petition of the now mayor, aldermen and common-
alty of the said city of New York, and for divers other good causes and
considerations, me thereunto .moving, have given, granted, ratified and
confirmed, and by these presents, for and on the behalf of his most
sacred majesty aforesaid, his heirs, successors and assigns, do give,
grant, ratify and confirm unto the said mayor, aldermen and common-
alty of the said city, all and every such and the same liberties, privileges,
franchises, rights, royalties, free customs, jurisdictions and immunities
which they, by the name of the mayor, aldermen and commonalty, or
otherwise, have anciently had, held, used, or enjoyed; provided always,
that none of the said liberties, privileges, franchises, rights, free cus-
toms, jurisdictions, or immunities be inconsistent with, or repugnant to
the laws of his majesty's kingdom of England, or any other the laws of
the general assembly of this province; and the aforesaid public build-
ings, accommodations and conveniences in the said city, that is to say,
the aforesaid city hall, or stat-house, with the ground thereunto belong-
ing, two market-houses, the bridge into the dock, the wharves or dock,
the said new burial place, and the aforementioned ferry, with their and
every of their rights, members and appurtenances, together with all the
1040
APPENDIX XII.
profits, benefits and advantages which shall or may accrue and arise at
all times hereafter, for dockage or wharfage, within the said dock, with
all and singular the rents, issues, profits, gains and advantages which
shall or may arise, grow or accrue by the said city hall, or stat-house,
and ground thereunto belonging, market-houses, bridge, dock, burying
place, ferry, and other the above-mentioned premises, or any of them;
and also, all and every the streets, lanes, highways and alleys within the
said city of New York, and Manhattan's Island aforesaid, for the public
use and service of the said mayor, aldermen and commonalty of the
said city, and of the inhabitants of Manhattan's Island aforesaid, and
travelers there; together with full power, license and authority to the
said mayor, aldermen and commonalty, and their successors forever, to
establish, appoint, order and direct the establishing, making, laying out,
ordering, amending and repairing of all streets, lanes, alleys, highways,
water-courses, ferry and bridges, in and throughout the said city of New
York and Manhattan's Island, aforesaid necessary, needful and con-
venient for the inhabitants of the said city, and Manhattan's Island,
aforesaid, and for all travelers and passengers there; provided always,
that this said license so as above granted, for the establishing, making,
laying out of streets, lanes, alleys, highways, ferries and bridges, be not
extended or be construed to extend, to the taking away of any person or
person's right or property, without his, her, or their consent, or by some
known law of the said province. And for the considerations aforesaid,
I do likewise give, grant, ratify and confirm unto all and every the re-
spective inhabitants of the said city of New York, and of Manhattan's
Island aforesaid, and their several and respective heirs and assigns, all
and every the several and respective messuages, tenements, lands and
hereditaments, situate, lying and being in the said city, and Manhattan's
Island aforesaid, to them severally and respectively granted, conveyed
and confirmed, by any the late governors, lieutenants, or commanders
in chief, of the said province, or by any of the former mayors, or dep-
uty mayors, and aldermen of the said city of New York, by deed, grant,
conveyance, or otherwise howsoever; to hold to their several and re-
spective heirs and assigns forever.
Grants to the corporation of all waste and vacated lands on Man.
hattan's Island.
3. And I do by these presents give and grant unto the said
mayor, aldermen and commonalty of the said city of New York,
all the waste, vacant, unpatented and unappropriated lands lying and
being within the said city of New York and on Manhattan's Island
aforesaid, extending and reaching to the low-water mark in, by and
through all parts of the said city of New York and Manhattan's Island
aforesaid, together with all rivers, rivulets, coves, creeks, ponds, waters
and water-courses in the said city and island, or either of them, not
heretofore given or granted by any of the former governors, lieutenants
or commanders in chief under their or some of their hands and seals of
seals of the province, or by any of the former mayors or deputy mayors
and aldermen of the said city of New York, to some respective person
or persons late inhabitants of the said city of New York or Manhattan's
Island or of other parts of the said province.
And I do by these presents give, grant and confirm unto the sala
mayor, aldermen and commonalty of the said city of New York and
APPENDIX XII.
1041
their successors forever, the royalties of fishing, fowling, hunting, hawk-
ing, minerals and other royalties and privileges belonging or appertaining
to the city of New York and Manhattan's Island aforesaid (gold and
-silver mines only excepted), to have, hold and enjoy all and singular the
premises to the said mayor, aldermen and commonalty of the said city
of New York and their successors forever, rendering and paying there-
for unto his most sacred majesty, his heirs, successors or assigns, or to
such officer or officers as shall be appointed to receive the same, yearly
forever hereafter, the annual quit rent or acknowledgment of one
beaver skin, or the value thereof, in current money of this province, in
the said city of New York, on the five and twentieth day of March,
yearly forever.
Jurisdiction of the city to extend to low-water mark all round
the Island Manhattan's.
4. And, moreover I will, and by these presents do grant, ap-
point and declare, that the said city of New York and the compass,
precincts and limits thereof and the jurisdiction of the same, shall,
from henceforth extend and reach itself, and may and shall be able
to reach forth and extend itself, as well in length and in breadth as
in circuit, to the farthest extent of, and in, and throughout all the
said Island Manhattan's, and in and upon all the rivers, rivulets, coves,
creeks, waters and water-courses, belonging to the same island as far as
low-water mark. And I do also, for and on behalf of his most sacred
majesty aforesaid, his heirs and successors, firmly enjoin and command
that the aforesaid mayor, aldermen and commonalty of the city afore-
said and their successors, shall and may freely and quietly have, hold,
use and enjoy the aforesaid liberties, authorities, jurisdictions, fran-
chises, rights, royalties, privileges, exemptions, lands, tenements, here-
ditaments and premises aforesaid, in manner and form aforesaid, accord-
ing to the tenor and effect of the aforesaid grants, patents, customs and
letters patents of grant and confirmation, without the let, hindrance or
impediment of me or any of my successors, governors, lieutenants or
other officers whatsoever,
City officers.
5. And also, I do, for and on the behalf of his most sacred majesty
aforesaid, his heirs and successors, grant to the mayor, aldermen and
commonalty of the said city of New York, and their successors, by
these presents, that for the better government of the said city, liberties
and precincts thereof, there shall be forever hereafter within the said
city a mayor and recorder, town clerk, and six aldermen and six assist-
ants, to be appointed, nominated, elected, chosen and sworn as herein.
after is particularly and respectively mentioned, who shall be forever
hereafter called “the mayor, aldermen and commonalty of the city of
New York;” and that there shall be forever one chamberlain, or treas-
urer, one sheriff, one coroner, one clerk of the market, one high consta-
ble, seven sub-constables, and one marshal or serjeant-at-mace, to be
appointed, chosen and sworn in manner hereinafter mentioned.
66
1042
APPENDIX XII.
Mayor, recorder, aldermen and assistants made a body corporate
and politic.
6. And I do, by these presents, for and on the behalf of his most
sacred majesty aforesaid, his heirs, successors and assigns, declare, con-
stitute, grant and appoint, that the mayor, recorder, aldermen and
assistants of the said city of New York, for the time being, and they
which hereafter shall be the mayor, recorder and aldermen and assist-
ants of the said city of New York, for the time being, and their suc-
cessors, forever hereafter be and shall be, by force of these presents,
one body corporate and politic, in deed, fact and name, by the name of
“ the mayor, aldermen and commonalty of the city of New York;” and
them by the name of “the mayor, aldermen and commonalty of the
city of New York,” one body corporate and politic, in deed, fact, and
name, I do really and fully create, ordain, make, constitute and confirm
by these presents; and that by the name of "the mayor, aldermen and
commonalty of the city of New York,” they may have perpetual suc-
cession; and that they and their successors forever, by the name of
“the mayor, aldermen and commonalty of the city of New York,” be
and shall be forever hereafter persons able and, in law, capable to have,
get, receive and possess lands, tenements, rents, liberties, jurisdictions,
franchises and hereditaments, to them and their successors, in fee sim.
ple, or for term of life, lives or years, or otherwise ; and also goods and
chattels; and also other things of what nature, kind or quality soever;
and also to give, grant, let, set and assign the same lands, tenements,
hereditaments, goods and chattels; and to do and execute all other
things about the same by the name aforesaid. And also, that they be,
and forever shall be hereafter, persons able in law, capable to plead and
be impleaded, answer and be answered unto, defend and be defended,
in all or any of the courts of his said majesty, and other places whatso-
ever, and before any judges, justices and other person or persons what-
soever, in all and all manner of actions, suits, complaints, demands,
pleas, causes and matters, whatsoever, of what nature, kind or quality
soever, in the same and in the like manner and form as other people of
the said province, being persons able, and in law capable, may plead
and be impleaded, answer and be answered unto, defend and be de-
fended, by any lawful ways and means whatsoever; and that the said
mayor, aldermen and commonalty of the said city of New York, and
their successors, shall and may forever hereafter have one common seal
to serve for the sealing of all and singular their affairs and businesses
touching or concerning the said corporation. And it shall and may be
lawful to and for the said mayor, aldermen and commonalty of the said
city of New York and their successors, as they shall see cause to break,
change, alter and new-make their said common seal when and as often
as to them shall seem convenient.
City officers named. Mayor, recorder and three or more aldermen
and assistants to constitute common council. Power to make
laws and ordinances.
7. And further, know ye that I have assigned, named, ordained and
constituted, and by these presents do assign, name, ordain and constitute
Nicholas Bayard, now mayor of the said city of New York, to be present
mayor of the said city; and that the said Nicholas Bayard shall remain
and continue in the office of mayor there, until another fit person shall
APPENDIX XII.
1043
be appointed and sworn in the said office, according to the usage and
custom of the said city; and as in and by these presents is hereafter
mentioned and directed. And I have assigned, named, ordained and
constitutéd, and by these presents do assign, name, ordain and consti-
tute, create and declare James Graham, Esq., to be the present recorder
of the said city; to do and execute all things, which unto the office of
recorder of the said city doth, or may in any wise, appertain or belong.
And I have assigned, named, urdained and constituted, and by these
presents do assign, name, ordain, constitute, create and declare John
West, Esq., town clerk of the said city; to do and execute all things
which unto the office of town clerk may anywise appertain or belong.
And I have named, assigned, constituted and made, and by these pres-
ents do assign, name, constitute and make Andrew Bown, John Robin-
son, William Beekman, John Delaval, Abraham De Peyster and
Johannes Kip, citizens and inhabitants of the said city of New York,
to be the present aldermen of the said city. And also, I have made
assigned, named and constituted, and by these presents do assign, name,
constitute and make Nicholas De Myer, Johannes Van Brugh, John
De Brown, Teunis De Key, Abraham Corbit and Wolfert Webber, citi-
zens and inhabitants of the said city, to be the present assistants of the
said city. And, also, I have assigned, chosen, named and constituted,
and by these presents do assign, choose, name and constitute Peter
De Lanoy, citizen and inhabitant of the said city, to be the present
chamberlain or treasurer of the city aforesaid. And I have assigned,
named, constituted and appointed, and by these presents do assign,
name, constitute and appoint John Knight, Esq., one other of the
said citizens there, to be present sheriff of the said city, and have
assigned, named, constituted and appointed, and by these presents do
assign, name, constitute and appoint Jarvis Marshall, one other of the
said citizens there, to be the present marshal of the said city. And I
do by these presents, grant to the said mayor, aldermen and commonalty
of the said city of New York, and their successors, that the mayor, re-
corder, aldermen and assistants of the said city for the time being, or
the mayor, recorder and any three or more of the aldermen, and any
three or more of the assistants, for the time being, be and shall be called
the common council of the said city, and that they, or the greater part
of them, shall or may have full power and authority, by virtue of these
presents, from time to time, to call and hold common council, within
the common council house or city hall of the said city; and there,
as occasion shall be, to make laws, orders, ordinances and constitutions,
in writing; and to add, alter, diminish or reform them, from time to
time, as to them shall seem necessary and convenient (not repugnant
to the prerogative of his most sacred majesty aforesaid, his heirs and
successors, or to any of the laws of the kingdom of England, or other
the laws of the general assembly of the province of New York), for
the good rule, oversight, correction and government of the said city
and liberties of the same, and of all the officers thereof and for the
several tradesmen, victualers, artificers, and of all other the people
and inhabitants of the said city, liberties and precincts, aforesaid, and
the better preservation of government, and disposal of all the lands,
Lenements and hereditaments, goods and chattels oî the said corporation;
ich laws, orders, ordinances and constitutions, shall be binding to all
me inhabitants of the said city, liberties and precincts aforesaid; and
1044
APPENDIX XII.
which laws, orders, ordinances and constitutions, so by them made, as
aforesaid, shall be and remain in force for the space of three months.
and no longer, unless they shall be allowed of, and confirmed by the
governor and council for the time being. And I do further, on the
behalf of his sacred majesty aforesaid, his heirs and successors, appoint
and grant, that the said common council of the said city, for the time
being, as often as they make, ordain and establish such laws, orders,
ordinances and constitutions as aforesaid, shall or may make, ordain.
limit, provide, set, impose and tax, reasonable fines and amerciaments
against and upon all persons offending against such laws, orders, ordi-
nances and constitutions as aforesaid, or any of them, to be made,
ordained and established as aforesaid, and the same fines and amercia-
ments shall and may require, demand, levy, take and receive by war-
rants under the common seal, to and for the use and behoof of the
mayor, aldermen and commonalty of the said city, and their successors,
either by distress and sale of the goods and chattels of the offender
therein, if such goods and chattels may be found within the said city,
liberties and precincts thereof, rendering to such offender and offenders,
the overplus, or by any other lawful ways or means whatsoever.
City officers, how and when to be appointed.
8. And I do, by these presents, appoint and ordain the assigning,
naming and appointment of the mayor and sheriff of the said city, that
it shall be as followeth, viz., upon the feast day of Saint Michael the
Archangel, yearly, the lieutenant-governor or commander in chief, for
the time being, by and with the advice of his council, shall nominate
and appoint such person as he shall think fit, to be mayor of the said
city, for the next year ensuing; and one other person of sufficient ability
and estate, and of good capacity in understanding to be sheriff of the
said city of New York, for the year next ensuing; and that such person
as shall be named, assigned and appointed mayor, and such person,
as shall be named, assigned and appointed sheriff of the said city, as
aforesaid, shall, on the fourteenth day of October then next 'following,
take their several and respective corporal oaths, before the governor
and council, for the time being, for the due execution of their respect-
ive offices, as aforesaid; and that the said mayor and sheriff so to be
nominated, assigned and appointed, as aforesaid, shall remain and con-
tinue in their said respective offices until another fit person shall be
nominated, appointed and sworn in the place of mayor, and one other
person shall be nominated and appointed in the place of Sheriff of the
said city, in manner aforesaid. And further, that according to the now
usage and custom of the said city, the recorder, town clerk, and clerk
of the market of the said city shall be persons of good capacity and
understanding, and such persons as his most sacred majesty aforesaid,
his heirs and successors, shall, in the said respective offices of recorder,
town clerk and clerk of the market, appoint and commissionate; and 101
defect of such appointments and commissionating, by his most sacred
majesty aforesaid, his heirs and successors, to be such persons as the
lieutenant-governor and commander in chief of the said province for
the time being, shall appoint and commissionate; which persons so
commissionated to the said offices of recorder, town clerk and clerk
of the market shall liave, hold and enjoy, the said offices, according
to the tenor and effect of their said commissions, and not other.
APPENDIX XII.
1045,
wise. And further, that the recorder, town clerk, clerk of the market,
aldermen, assistants, chamberlain, high constable, petty constables and
all other officers of the said city, before they, or any of them shall
be admitted to enter upon and execute their respective offices, shall
be sworn faithfully to execute the same, before the mayor, or any
three or more of the aldermen for the time being. And I do, by
these presents, for and on the behalf of his most sacred majesty, his
heirs and successors, grant and give power and authority to the mayor
and recorder of the said city, for the time being, to administer the
same respective oaths to them accordingly. And further, I do, by these
presents, grant, for and on the behalf of his most sacred majesty afore-
said, his heirs and successors, that the mayor and recorder of the said
city, for the time being, and three or more of the aldermen of the said
city, not exceeding five, shall be justices and keepers of the peace of
his most sacred majesty, his heirs and successors, and justices to hear
and determine matters and causes within the said city and liberties, and
precincts thereof, and that they, or any three or more of them, whereof
the mayor and recorder, or one of them, for the time being, to be there,
shall and may forever hereafter, have power and authority, by virtue of
these presents, to hear and determine all and all manner of petty lar-
cenies, riots, routs, oppressions and extortions, and other trespasses and
offenses whatsoever, within the said city of New York, and the liberties
and precincts aforesaid, from time to time, arising and happening, and
which arise or happen and anyways belong to the offices of justices of
the peace, and the correction and punishment of the offenses aforesaid,
and every of them, according to the laws of England, and the laws of
the said province; and to do and execute all other things in the said
city, liberties and precincts aforesaid, so fully and in ample manner, as
to the commissioners assigned, and to be assigned for the keeping of
the peace in the said county of New York, doth or may belong.
Aldermen, assistants and constables, to be chosen yearly.
9. And, moreover, I do by these presents, for and on the behalf of
his most sacred majesty aforesaid, his heirs and successors, appoint,
that the aldermen, assistants, high constable and petty constables,
within the said city, be yearly chosen on the feast day of St. Michael
the Archangel, forever, viz., one alderman, one assistant and one con-
stable, for each respective ward, and one constable for each division in
the Out ward, in such public place in the said respective wards, as the
aldermen for the time being, for each ward, shall direct and appoint;
and that the aldermen, assistants and petty constables be chosen by ma-
jority of voices of the inhabitants of each ward; and that the high con-
Stable be appointed by the mayor of the said city for the time being;
and that the chamberlain shall be yearly chosen, on the said feast day,
in the said city hall of the said city, by the mayor and aldermen and
assistants, or by the mayor, or three or more of the aldermen, and three
or more of the assistants of the said city, for the time being. And I do,
by these presents, constitute and appoint the said John West, to be the
present town clerk, clerk of the peace, and clerk of the court of pleas,
to be holden before the mayor, recorder and aldermen, within the said
city, and the liberties and precincts thereof. And further, I do by
These presents, for and on the behalf of his most sacred majesty afore-
sald, his heirs and successors, require and strictly charge and command.
1046
.
P
APPENDIX XIIthat the sheriff, town clerk, clerk of the peace, high constable, petty
constables, and all other subordinate officers in the said city, for the
time being, and every of them respectively, jointly and severally, as
cause shall require, shall attend upon the said mayor, recorder and al-
dermen, of the said city, for the time being, and every or any of them,
according to the duty of their respective places, in and about the exe-
cuting of such the commands, precepts, warrants and processes, of them
and every of them, as belongeth and appertaineth to be done or exe-
cuted; and that the aforesaid mayor, recorder and aldermen, and every
of them, as justices of the peace for the time being, by their or any of
their warrants, all and every person and persons for high treason, or
petty treason, or for suspicion thereof, or for other felonies whatsoever,
and all malefactors and disturbers of the peace, and other offenders for
other misdemeanors, who shall be apprehended within the said city, or
liberties thereof, shall and may send and commit, or cause to be sent
and committed to the common jail of the said city, there to remain and
be kept in safe custody, by the keeper of the said jail, or his deputy, for
the time being, until such offender and offenders shall be lawfully de-
livered therice. And I do, by these presents, for and on the behalf of
his most sacred majesty aforesaid, his heirs and successors, charge and
require the keeper and keepers of the said jail for the time being, and
his and their deputy and deputies, to receive, take, and in safe custody
to keep, all and singular such person and persons so apprehended, or to
be apprehended, sent and committed to the said jail, by warrant of the
said justices, or any of them as aforesaid, until he and they so sent and
committed to the said jail, shall from thence be delivered by due course
of law.
Mayor to grant licenses to tavern-keepers.
10. And further, I do grant and confirm for and on the behalf of his
most sacred majesty aforesaid, his heirs and successors, that the said
mayor of the said city, for the time being, and no other (according to
the usage and custom practiced in the said city of New York, in the
times of my predecessors, the several lieutenants, governors and com-
manders in chief of this province), shall have power and authority to
give and grant licenses annually, under the public seal of the said city,
to all tavern-keepers, inn-keepers, ordinary-keepers, victualers and all
public sellers of wine, strong waters, cider, beer, or any other sort of
liquors, by retail within the city aforesaid, Manhattan's Island, or their
liberties and precincts thereof; and it shall and may be lawful to and for
the said mayor of the said city, for the time being, to ask, demand and
receive, for such license by him to be given and granted as aforesaid,
such sum or sums of money, as he and the person to whom such
license shall be given or granted, shall agree for, not exceeding the sum
of thirty shillings for each license. All which money, as, by the said
mayor, shall be so received, shall be used and applied to the public use
of the said mayor, aldermen and commonalty, of the said city of New
York, and their successors, without any account thereof to be rendered,
made or done to any of the lieutenants or governors of this province,
for the time being, or any of their deputies.
APPENDIX XII.
1047
Mayor, recorder and aldermen, or the mayor and any three or more
aldermen to make freemen.
II. And know ye, that for the better government of the said city,
and for the welfare of the said citizens, tradesmen and inhabitants
thereof, I do by these presents, for and on the behalf of his most sacred
majesty, his heirs and successors, give and grant to the said mayor, al-
dermen and commonalty of the said city, and their successors, that the
mayor, recorder and aldermen, or the mayor and any three or more of
the aldermen for the time being, shall, from time to time, and all times
hereafter, have full power and authority under the common seal, to make
free citizens of the said city and liberties thereof; and no person or
persons whatsoever, other than such free citizens, shall hereafter use
any art, trade, mystery or manual occupation, within the said city, liber-
ties and precincts thereof, saving in the times of fairs there to be kept,
and during the continuance of such fairs only. And in case any person
or persons whatsoever, not being free citizens of the said city, as afore-
said, shall at any time hereafter use or exercise any art, trade, mystery
or manual occupation, or shall by himself, themselves or others, sell or
expose to sale, any manner of merchandise or wares whatsoever, by re-
tail, in any house, shop or place, or standing within the said city, or the
liberties or precincts thereof; no fair being then kept, in the said city,
and shall persist therein after warning to him or them given, or left by
the appointment of the mayor of the said city, for the time being, at the
place or places where such person or persons shall so use or exercise
any art, trade mystery or manual occupation; or shall sell or expose to
sale, any wares or merchandises, as aforesaid, by retail; then it shall be
lawful for the mayor of the said city for the time being, to cause such
shop windows to be shut up, and also to impose such reasonable fine for
such offense, not exceeding five pounds for every respective offense; and
the same fine and fines so imposed, to levy and take by warrant under
the common seal of the said city, for the time being, by distress and
sale of the goods and chattels of the person or persons so offending in
the premises, found within the liberties or precincts of the said city,
rendering to the party or parties the overplus; or by any other lawful
ways or means whatsoever to the only use of the said mayor, aldermen
and commonalty, of the said city of New York, and their successors,
without any account to be rendered, made or done, to the lieutenants,
governors or commanders in chief, of this province for the same; pro-
vided, that no person or persons shall be made free as aforesaid, but
such as are his majesty's natural born subjects or such as shall first be
naturalized by act of general assembly; or shall have obtained letters of
denization under the hand of the lieutenant-governor or commander in
chief for the time being, and seal of the province; and that all persons
to be made free as aforesaid, shall and do pay for the public use of the
said mayor, aldermen and commonalty of the said city, such sum and
sums of money as heretofore hath been used and accustomed to be paid
and received on their being admitted freemen as aforesaid; provided it
is not exceeding the sum of five pounds.
Corporation to hold lands.
12. And further, I do by these presents, for and on the behalf of his
most sacred majesty aforesaid, his heirs and successors, grant to the
mayor, aldermen and commonalty of the said city, that they and their
1048
APPENDIX XII.
successors be forever, persons able and capable, and shall have power
to purchase, have, take and possess in fee simple, lands, tenements,
rents, and other possessions within or without the same city; to them
and their successors forever, so as the same exceed not the yearly value
of one thousand pounds per annum, the statute of mortmain or any
other law to the contrary notwithstanding; and the same lands, tene-
ments, hereditaments and premises, or any part thereof, to demise,
grant, lease, set over, assign and dispose at their own will and pleasure;
and to make, seal and accomplish any.deed or deeds, lease or leases,
evidences or writings, for or concerning the same, or any part thereof,
which shall happen to be made and granted by the said mayor, alder-
men and commonalty of the said city for the time being,
Three market days to be held weekly.
13. And further, I do by these presents, for and on the behalf of his
most sacred majesty aforesaid, his heirs and successors, grant to the
said mayor, aldermen and commonalty, that they and their successors
shall, and may forever hereafter, hold and keep within the said city, in
every week of the year, three market days, the one upon Tuesday, the
other upon Thursday, and the other upon Saturday, weekly forever.
To lay out their ground and build.
14. And also I do by these presents, for and on the behalf of his
most sacred majesty aforesaid, his heirs and successors, grant to the
mayor, aldermen and commonalty of the said city, that they and their
successors and assigns, shall and may at any time or times hereafter,
when it to them shall seem fit and convenient, take in, fill and make up,
and lay out all and singular the lands and grounds in and about the said
city and Island Manhattan's and the same to build upon or make use of
in any other manner or way as to them shall seem fit, as far into the
rivers thereof, and that encompass the same as low-water mark afore-
said.
To hold courts of common pleas.
15. And I do by these presents, for and on the behalf of his most
sacred majesty aforesaid, his heirs and successors, give and grant unto
the aforesaid mayor, aldermen and commonalty of the said city of New
York, and their successors, that they and their successors shall and may
have, hold and keep within the said city and liberties, and precincts
thereof, in every week in every year forever, upon Tuesday, one court of
common pleas for all actions of debt, trespass, trespass upon the case,
detinue, ejectment and other personal actions; and the same to be held
before the mayor, recorder and aldermen, or any three of them, whereof
the mayor or recorder to be one, who shall have power to hear and de-
termine the same pleas and actions, according to the rules of the com-
mon law, acts of the general assembly of the said province.
Grant to the corporation of all their former franchises.
16. And I do by these presents, for and on behalf of his most sacred
majesty aforesaid, his heirs and successors, grant to the said mayor, alder.
men and commonalty of the said city of New York and their successors,
that the said mayor, aldermen and commonalty of the said city and their
APPENDIX XII.
1049
successors, shall have and enjoy all the privileges, franchises and powers
that they have and use, or that any of their predecessors at any time within
the space of twenty years last past had, took or enjoyed, or ought to have
had, by reason or under any pretense of any former charter, grant, prescrip-
tion or any other right, custom or usage, although the same have been for-
feited, lost or have been ill used or not used, or abused, or discontinued,
albeit they may not be particularly mentioned; and that no officer shall
disturb them therein under any pretense whatsoever, not only for their
future, but their present enjoyment thereof, provided always, that the
said privileges, franchises and powers be not inconsistent with or repug-
nant to the laws of his majesty's kingdom of England, or other the laws
of the general assembly of this province as aforesaid. And saving to
his most sacred majesty aforesaid, his heirs, successors and assigns, and
the lieutenants, governors and commanders in chief, and other officers
under him and them in Fort James, in or by the city of New York, and
in all the liberties, boundaries, extents, privileges thereof, for the main-
tenance of the said fort or garrison there all the right, use, title and
authority which they or any of them have had, used or exercised there;
and also one messuage or tenement next the city hall, and one messuage
by the fort, now in the possession of Thomas Coker, Gent. The piece
of ground by the gate called the Governor's Garden, and the land with-
out the gate called the King's Farm, with the swamp next to the same
land by the fresh water, and saving the several rents and quit rents
reserved, due and payable from several persons inhabiting within the
said city and Island Manhattan's, by virtue of former grants to them
made and given and saving to all other persons, bodies politic and cor-
porate, their heirs, successors and assigns, all such right, title and claim,
possessions, rents, services, commons, emoluments, interest in and to
anything which is their's (save only the franchises aforesaid), in as ample
manner as if this charter had not been made.
Grants to charitable uses saved.
17. And further, I do appoint and declare that the incorporation to
be founded by this charter shall not at any time hereafter do or suffer to
be done anything by means whereof the lands, tenements or heredita-
ments, stocks, goods or chattels thereof, or in the hands, custody, pos-
session of any the citizens of the said city, such as have been set, let,
given, granted or collected to and for pious and charitable uses, shall
be wasted or misemployed contrary to the trust or intent of the founder
or giver thereof, and that such and no other construction shall be made
thereof than that which may tend most to advantage religion, justice
and the public good; and to suppress all acts and contrivances to be
invented, or put in use contrary thereunto.
Attestation clause.
In witness whereof, I have caused these presents to be entered in the
secretary's office, and the seal of the said province to be hereunto
affixed, this seven and twentieth day of April, in the second year of the
reign of his most sacred majesty aforesaid, and in the year of our Lord
God, one thousand six hundred and eighty-six.
THOMAS DONGAN.
1050
APPENDIX XII.
THE CORNBURY CHARTER.
By virtue or under pretext whereof the said citizens and inhabitants
from the date thereof, hitherto have held or claim to hold and still do
hold, or claim to hold and enjoy, all and singular the rights, privileges,
franchises, pre-eminences, advantages, jurisdictions, courts, powers,
profits, immunities, lands, tenements, hereditaments and other the
premises therein particularly mentioned and thereby intended to be
granted; and
Recital of several other buildings made by the city.
WHEREAS, The citizens and inhabitants of the said city of New York,
besides the several public buildings, accommodations, conveniences and
other things in the before-recited grant or writing mentioned to have
been by them erected, built and appropriated, have since the making
thereof built and appropriated, at their own proper costs and charges,
several public buildings, accommodations and conveniences for the said
city, that is to say, the present city hall and jails, rooms and places for
the sitting of courts of justice and chambers adjoining, with the ground
and appurtenances thereunto belonging, five market-houses, the present
crane and bridge, with the common shore leading through the great
the new ferry-houses on the island of Nassau for the reception of trav-
elers, with a barn, stables and pen, or pound for cattle; and
Queen Anne's charter, 1708.
WHEREAS, Our late royal predecessor, Queen Anne, by her letters
patent, under the broad seal of the province of New York made, bear-
ing date the nineteenth day of April, in the seventh year of her reign,
did grant, ratify and confirm unto the then mayor, aldermen and com-
monalty of the city of New York, and to their successors and assigns,
in these words following, to wit: Anne, by the grace of God, of Eng.
land, Scotland, France and Ireland, queen, defender of the faith, etc.,
to all whom these presents may in any wise concern, sendeth greeting:
Grant of ferries and of land between high and low water mark on
Nassau (Long) Island from the Wall-about to Red Hook.
WHEREAS, The mayor, aldermen and commonalty of the city of New
York, by their petition to our right trusty and well-beloved cousin Ed-
ward, Viscount Cornbury, our captain-general and governor in chief,
in and over our province of New York and territories depending thereon
in America, and vice-admiral of the same, etc., preferred in council,
therein setting forth that they have a right and interest, under divers
ancient charters and grants by divers former governors and command-
ers in chief of our said province of New York, under our noble pro-
genitors, in a certain ferry from the said city of New York, over the
East river to Nassau Island (alias Long Island), and from the said
island to the said city again, and have possessed the same, and received all
the profits, benefits and advantages thereof, for the space of fifty years
and upwards; and perceiving the profits, advantages and benefits
usually issuing out of the same to diminish, decrease and fall short of
APPENDIX XII.
1051
what might be reasonably made of the same, for the want of the bounds
and limits to be extended and enlarged on the said island side, whereby
to prevent divers persons from transporting themselves and goods to
and from the said Island Nassau, (alias Long Island) over the said
river, without coming or landing at the usual and accustomed places,
where the ferry boats are usually kept and appointed, to the great loss
and damage of the said city of New York; have humbly prayed our
grant and confirmation, under the great seal of our said province of
New York, of the said ferry, called the Old ferry, on both sides of the
said East river, for the transporting of passengers, goods, horses and
cattle to and from the said city, as the same is now held and enjoyed
by the said mayor, aldermen and commonalty of the said city of New
York, or their under-tenant or under-tenants; and also, of all that the
vacant and unappropriated land, from high-water mark to low-water
mark, on the said Nassau Island (alias Long Island), lying contiguous
and fronting the said city of New York, from a certain place called the
Wall-about unto the Red Hook, over against Nutten Island, for the
better improvement and accommodation of the said ferry; with full
power, leave and license to set up, establish, maintain and keep one or
more ferry or ferries, for the ease and accommodation of all passengers
and travelers, for the transportation of themselves, goods, horses and
cattle over the said river, within the bounds aforesaid, as they shall see
meet and convenient and occasion require; and to establish, ordain and
make by-laws, orders and ordinances, for the due and orderly regulation
of the same, the which petition we being minded to grant: Know ye,
that of our especial grace, certain knowledge and mere motion we have
given, granted, ratified and confirmed, and in and by these presents, for
us, our heirs and successors, we do give, grant, ratify and confirm unto
the said mayor, aldermen and commonalty of the city of New York, and
to their successors and assigns, all that the said ferry called the Old
ferry, on both sides of the said East river, for the transportation of
passengers, goods, horses and cattle over the said river, to and from the
said city and island, as the same is now used, held and enjoyed by the
said mayor, aldermen and commonalty of the city of New York or
their under-tenant or under-tenants, with all and singular the usual and
accustomed ferriage fees, perquisites, rents, issues, profits and other
benefits and advantages whatsoever, to the said Old ferry, belonging or
therewith used, or thereout arising; and also, all that the aforesaid
vacant and unappropriated ground lying and being on the said Nassau
Island (alias Long Island), from high-water mark to low-water mark
aforesaid, contiguous and fronting the said city of New York, from the
aforesaid place called the Wall-about to Red Hook aforesaid; that is to
say, from the east side of the Wall-about, opposite the now dwelling-
house of Tames Bobine, to the west side of the Red Hook, commonly
called the fishing place, with all and singular the appurtenances and
hereditaments to the same, or any part or parcel thereof belonging, or ·
in any wise of right appertaining; together with all and singular the
rents, issues, profits, ways, waters, easements and all other benefits,
profits, advantages and appurtenances, which heretofore have, now are,
and which hereafter shall belong to the said ferry, vacant land and
premises hereinbefore granted and confirmed, or to any or either of them
in any wise appertaining, or which heretofore have been, now are, and
which hereafter shall belong, be used, held, received and enjoyed; and
1052
APPENDIX XII.
all our estate, right, title and interest, benefit and advantage, claim and
demand, of, in, or to the said ferry, vacant land and premises, or any
part or parcel thereof, and the reversion and reversions, remainder and
remainders, together with the yearly and other rents, revenues and profits
of the premises, and of every part and parcel thereof; except and always
reserved out of this our present grant and confirmation, free liberty,
leave and license, to and for all and every person or persons, inhabit-
ing or having plantations near the said river, by the water side, within
the limits and bounds above mentioned, to transport themselves, goods,
horses and cattle over the said river to and from the said city of New
York and Nassau Island (alias Long Island) to and from their respect-
ive dwellings or plantations, without any ferriage or other account to the
said ferry, hereby granted and confirmed to be paid or given; so always
as the said person or persons do transport themselves only, and their
own goods and in their own boats only, and not any stranger or their
goods, horses or cattle, or in any other boat; to have and to hold, all
and singular the said ferry, vacant land and premises hereinbefore
granted and confirmed, or meant, mentioned or intended, to be hereby
granted and confirmed (except as is hereinbefore excepted), and all and
singular the rents, issues, profits, rights, members and appurtenances to
the same belonging or in any wise of right appertaining unto the said
mayor, aldermen and commonalty of the city of New York, and their
successors and assigns forever; to the only proper use and behoof of
the said mayor, aldermen and commonalty of the city of New York, and
their successors and assigns forever; to be holden of us, our heirs and
successors in free and common socage, as of our manor of East Green-
wich, in the county of Kent, within our kingdom of England; yielding,
rendering and paying unto us, our heirs and successors, for the same
yearly at our custom-house of New York, to our collector and receiver-
general there for the time being, at or upon the feast of the Nativity of
St. John the Baptist, the yearly rent or sụm of five shillings, current
money of New York.
Grant of power to establish as many ferries as they shall think fit.
And we do further, of our especial grace, certain knowledge and mere
motion for us, our heirs and successors, give and grant unto the said
mayor, aldermen and commonalty, and their successors, full and free
leave and license to set up, establish, keep and maintain one or more
ferry or ferries, as they shall from time to time think fit and convenient,
within the limits and bounds aforesaid, for the ease and accommodation
of transporting of passengers, goods, horses and cattle between the said
city of New York and the said island (except as is hereinbefore ex-
cepted), under such reasonable rates and payments as have been usually
paid and received for the same; or which at any time hereafter shall be
by them established by and with the consent and approbation of our
governor and council of our said province for the time being.
Laws and ordinances concerning ferries confirmed.
And we do further, of our especial grace, certain knowledge and
mere motion, give and grant unto the said mayor, aldermen and com-
monalty of the city of New York, and their successors, full and absolute
power and authority to make, ordain, establish, constitute and confirm
all manner of by-laws, orders, rules, ordinances and directions for the
APPENDIX XII.
1053
more orderly keeping and regularly maintaining the aforesaid ferry that
is now kept, or any ferry or ferries which shall at any time or times
hereafter be set up, established or kept within the bounds aforesaid, by
virtue hereof, or of, for, touching and concerning the same (so always
as the same be not contrary to our laws of England, and of our province
of New York), and the same at all times hereafter to be put in execu-
tion, or abrogate, revoke or change, as they in their good discretion
shall think fit and most convenient for the due and orderly keeping,
regulating and governing the said ferry or ferries hereinbefore men-
tioned.
Grant to be good, notwithstanding errors, etc.
And lastly, our will and pleasure is, and we do hereby declare and
grant that these, our letters patent or the record thereof, in the secre-
tary's office of our said province of New York, shall be good and effect-
ual in the law to all intents and purposes whatsoever, notwithstanding
the not true and well reciting or mentioning of the premises or any part
thereof, or the limits and bounds thereof, or of any former or other let-
ters patents, or grants whatsoever made or granted; or of any part
thereof, by us or any of our progenitors, unto any person or persons
whatsoever, bodies politic or corporate, or any law or other restraint,
incertainty or imperfection whatsoever, to the contrary or in any wise
notwithstanding, and although express mention of the true yearly value
or certainty of the premises or any of them, or of any other gifts or
grants by us, or by any of our progenitors, heretofore made to the said
mayor, aldermen and commonalty of the city of New York, in these
presents, is not made, or any other matter, cause or thing whatsoever
to the contrary thereof, in any wise notwithstanding.
Attestation clause.
In testimony whereof, we have caused these, our letters, to be made
patent, and the seal of our said province of New York to our said let-
ters patent to be affixed, and the same to be recorded in the secretary's
office of our said province. Witness our right trusty and well-beloved
cousin, Edward, Viscount Cornbury, captain-general and governor in
chief in and over our province of New York aforesaid, and territories
thereon depending in America, and vice-admiral of the same, etc., in
council at our fort in New York, the nineteenth day of April, in the
seventh year of our reign Anno". Domini one thousand seven hundrec
and eight.
1054
APPENDIX XII.
THE MONTGOMERIE CHARTER.*
By virtue, or under pretext whereof, the said inhabitants and citizens
of the city of New York have held and enjoyed, or have claimed to hold
and enjoy, and still do hold or claim to hold, the ferry, vacant land.
perquisites, profits, privileges, powers and other the premises in the be-
fore-recited letters patent mentioned and intended to be thereby granted:
and
WHEREAS, Besides all the aforesaid particulars in the said grant or
instrument made in the aforesaid year of our Lord one thousand six
hundred eighty and six, and in the before-recited letters patent of Queen
Anne, mentioned or intended to be thereby granted the citizens and in-
habitants of the said city of New York, have anciently held or claimed
to hold, use and enjoy, divers and sundry other rights privileges, fran-
chises, pre-eminences, advantages, jurisdictions, emoluments, powers,
profits, immunities, lands, tenements and other hereditaments, as well by
prescription as by divers grants and confirmations of and from divers
governors, lieutenant-governors and commanders in chief of the said
province, by the name of the “mayor, aldermen and commonalty of the
city of New York,” and by divers other names, styles and titles, and
otherwise; and
Defects in previous grants, confirmations and writings.
WHEREAS, Divers questions, doubts, opinions, ambiguities, contro-
versies and debates have arisen and been made as well upon and con-
cerning the validity and force of the said recited grant or writing, dated
in the year of our Lord one thousand six hundred and eighty-six, and the
before-recited letters patent of Queen Anne, as upon all and every the
other grants and confirmations of divers governors, lieutenant-governors
and commanders in chief, made to our city of New York, as aforesaid,
by reason of the variety of names, styles, titles and incorporations afore-
said, and by reason that the before-recited grant or instrument, dated
in the year of our Lord one thousand six hundred and eighty-six, and
the other grants and confirmations of divers governors, lieutenant-gov-
ernors and commanders in chief, were made in the governors' own
names respectively, when they should have been made in the respective
names, styles and titles of former kings and queens, our royal predeces-
sors, under whom they were governors, lieutenant-governors or com-
manders in chief respectively, and by reason, as some suggest and say,
that the said city, or inhabitants or citizens thereof, never were well,
regularly or legally incorporated, and for want thereof none of all the
said grants, confirmations, instruments or letters patent, hereinbefore
mentioned, could take effect or operate; and for divers other defects in
* The Montgomerie charter, as here printed, has been taken from the compila-
tion of “Special and Local Laws affecting Public Interests of the City of
New York ” prepared by the commissioners under L. 1879, chap. 536 (see Con-
solidation Act, $1107), at the end of which the following note is appended: “ This
reprint of the charter is taken from the Corporation Manual of 1868. The copy
there printed was carefully compared by two exceptionally competent gentlemen
with the original on file in the comptroller's office. It is printed in the Manual
with the ancient spelling, and, like the original, without break or punctuation
mark. In the division into paragraphs, in punctuation and in spelling, we have
followed Davies' compilation of 1855, while adhering to the language of the Cor.
poration Manual."
APPENDIX XII.
1055
all, some or one of the aforesaid grants, confirmations and writings, and
also upon the validity and force of the prescription aforesaid; and
WHEREAS, Our well-beloved subjects, the mayor, aldermen and com-
monalty of our said city of New York, by their humble petition pre-
sented to our trusty and well-beloved John Montgomerie, Esq., our
captain-general and governor in chief of our provinces of New York and
New Jersey, and territories depending thereon in America, and vice-
admiral of the same, etc., in council, reciting among other things, that
the city of New York is an ancient city, and the citizens thereof have
anciently held and used, and still do hold and use divers and sundry
rights, liberties, privileges, franchises, free customs, pre-eminences, ad-
vantages, jurisdictions, emoluments, immunities, lands, tenements, pub-
lic buildings and hereditaments, as well by the name of "the mayor,
aldermen and commonalty of the city of New York," as otherwise, to
the advancement of the said city in its number of buildings and inhab-
itants, whereby the said city is become a considerable seaport, and
exceedingly necessary and useful to our kingdom of Great Britain, in
supplying our governments in the West Indies with bread, flour and
other provisions; wherefore they prayed, among other things, for our
confirmation, and grant to the said city and corporation, by the name,
style and title of “the mayor, aldermen and commonalty of the city of
New York,” of all their lands, tenements, public buildings and here-
ditaments, wharves, docks, bridges, slips, ferries, cranes, grants, charters,
rights, liberties, privileges, franchises, free customs, pre-eminences, ad-
vantages, jurisdictions, emoluments and immunities now and heretofore
by them held and enjoyed; and that they might have the soil four hundred
foot beyond low-water mark on Hudson's river, from a certain creek or
kill called Bestaver's Killitie, southard to the fort, and from thence the
same number of feet beyond low-water mark round the fort and along
the East river as far as to the north side of a certain hill called Corlaer's
Hook; and also for a grant of such other powers, liberties, franchises,
rights, free customs, jurisdictions, privileges, immunities and things as
may be needful for the good rule and government of the said city,
And we, considering that the strength and increase of our good sub-
jects, in that our frontier province of New York, does in a great measure
depend upon the welfare and prosperity of our said city, wherein the
trade and navigation thereof are chiefly and principally carried on, pro-
moted and encouraged; and we, affecting the good and happy estate of
our said city, and the steady loyalty and integrity of the inhabitants
and citizens thereof, are very desirous and willing to give encourage-
ment to the said city, inhabitants and citizens, and to remove, utterly
abolish and wholly take away all and all manner of causes, occasions
and matters, whereupon such questions, doubts, opinions, ambiguities,
controversies or debates as aforesaid, or any other questions or doubts
may or can arise; and in order thereunto, we have thought fit, them,
the said inhabitants and citizens of the said city of New York (by what-
soever name or names they have been or were incorporated or whether
they have been or were heretofore incorporated or not) into one body
politic and corporate, by the name of "the mayor, aldermen and coin-
monalty of the city of New York,” by our letters to inake, constitute,
confirm, renew and of new to create. And we, being also further will-
Ing and fully intending and desiring that the said inhabitants and citi-
zens of our said city, by the name aforesaid, should have perpetual
1056
APPENDIX XII.
succession and should hold, possess and enjoy all and singular, the
rights, privileges, liberties, franchises, pre-eminences, advantages, juris-
dictions, courts, powers, offices, authorities, ferries, fees, fines, per-
quisites, profits, immunities, rents, possessions, lands, tenements and
other hereditaments, not only which in the before-recited grants, con-
firmations, writings and letters patent are mentioned, or intended to be
thereby granted, but also, which they have held or claim to hold, by
prescription or otherwise, with the alterations and enlargements thereof
and additions thereto, in such manner and form as hereinafter is men-
tioned and contained, notwithstanding the before-mentioned or any
other question, doubts, opinions, ambiguities, debates, faults or imper-
fections.
Corporation created by the name of the mayor, aldermen and com-
monalty of the city of New York.
1. Wherefore, know ye, that we of our especial grace, certain knowl-
edge and mere motion, have willed, ordained, constituted, confirmed,
given and granted, and by these presents for us, our heirs and suc-
cessors, do will, ordain, constitute, confirm, give and grant, that our
said city of New York be, and from henceforth, forever hereafter shall
be and remain a free city of itself; and that the mayor, aldermen and
commonalty of the said city, and their successors from henceforth, for-
ever hereafter shall be and remain one body corporate and politic, in
re-facto et nomine, by the name of “the mayor, aldermen: and com-
monalty of the city of New York," and them and their successors by
the name of "the mayor, aldermen and commonalty of the city of New
York,” one body corporate and politic, in re-facto et nomine, really and
fully we do, for us, our heirs and successors, erect, make, ordain, con-
stitute, confirm, declare and create, by these presents, and that by that
name they shall and may have perpetual succession; and also that they
and their successors, by the said name of "the mayor, aldermen and
commonalty of the city of New York” be, and forever hereafter shall
be, persons able in law, and capable to sue and be sued, implead and be
impleaded, answer and be answered unto, defend and be defended, in
all courts and places before us, our heirs and successors, and before all
and any the judges, justices, officers and ministers of us, our heirs and
successors, and elsewhere in all and all manner of actions, suits com-
plaints, pleas, causes, matters and demands whatsoever, and of what
kind or nature soever, in as full and ample manner and form as any of
our other liege subjects of our said province, being persons able and
capable in law, can or may sue and be sued, implead and be impleaded,
answer and be answered unto, defend and be defended, by any lawful
ways and means whatsoever. And also, that they and their successors,
by the same name of “the mayor, aldermen and commonalty of the city
of New York,” be and shall be forever hereafter, persons capable and
able in law to purchase, take, hold, receive, enjoy and have any mes.
suages, houses, buildings, lands, tenements, rents, possessions and other
hereditaments and real estate, within or without our said province, i
fee and forever, or for term of life or lives or years, or in any other
manner; and also goods, chattels and all other things of what kind of
quality soever. And also, that they and their successors by the same
name of “the mayor, aldermen and commonalty of the city of New
York,” shall and may give, grant, demise, assign and sell, or otherwise
APPENDIX XII.
1057
dispose of all or any the messuages, houses, buildings, lands, tenements,
rents, possessions and other hereditaments and real estate, and all their
goods, chattels and other things aforesaid as to them shall seem meet,
at their own will and pleasure.
Corporation seal.
And also, that the said mayor, aldermen and commonalty of the city
of New York, for the time being, and their successors, shall and may
forever hereafter have and use a common seal for sealing all and singu- -
lar, deeds, grants, conveyances, contracts, bonds, articles of agreements,
assignments, powers, authorities and all and singular, their affairs and
things touching or concerning the said corporation. And, by virtue of
these our letters, it shall and may be lawful to and for the said mayor,
aldermen and commonalty of the city of New York and their succes-
sors, as they shall see cause, to break, change and new-make the same,
or any other common seal when and as often as to them it shall seem
convenient.
Limits and boundaries of the city. City divided into wards.
2. And we do further, of our especial grace, certain knowledge and
mere motion, for us, our heirs and successors, give, grant, order and
appoint that the said city of New York, and the compass, precincts,
circuit, bounds, liberties and jurisdictions of the same, do reach, ex-
tend and stretch forth, and shall and may reach, extend and stretch
forth, as well in length as in breadth and circuit, in and through
the limits and boundaries following, to wit: To begin at the river,
creek or run of water called Spytden Duyvel, over which King's
bridge is built, where the said river or creek empties itself into the
North river, on Westchester side thereof, at low-water mark, and so to
run along the said river, creek or run, on Westchester side, at low-water
mark, unto the East river or sound, and from thence to cross over to
Nassau Island, to low-water mark there, including Great Barn Island,
Little Barn Island and Manning's Island, and from thence all along
Nassau Island shore, at low-water mark, unto the south side of the Red
Hook; and from thence to run a line across the North river so as to in-
clude Nutten Island, Bedlow's Island, Bucking Island and the Oyster
Island, * to low-water mark on the west side of the North river, or so
far as the limits of our said province extends there, and so to run up
along the west side of the said river at low-water mark, or along the
limits of our said province, until it comes directly opposite to first-men-
tioned river or creek, and thence to the place where the said boundaries
first began. And also, that the said city, within the limits and jurisdic-
tions thereof as aforesaid, be and forever hereafter shall be and remain
divided into seven wards, to-wit: The West ward, the South ward, the
Dock ward, the East ward, the North ward, Montgomerie ward and the
Out ward; each and every of which wards shall contain and compre-
hend, and reach and extend through the several limits and bounds fol-
lowing, to wit:
:. *Great Barn Island is Ward's Island; Little Barn Island is /Randall's Island;
Manning's Island is Blackwell's Island; Bucking Island is Ellis Island; Nassau
Island is Long Island; Nutten Island is Governor's Island.
1058
APPENDIX XII.
West ward.
The West ward to begin at the middle of the east end of the street
that goes from the parade to the North river, between the lot of ground,
now in fence, belonging to Charles Sleigh, and the house and ground
late of Thomas Elde; and from thence to run a direct line over the
middle of the west end of Beaver street, and so along the middle of
Beaver street till it comes directly opposite to the middle of the south
end of New street, and then to run along the middle of New street to
the north end thereof; and from thence to run to the rear of the dwell-
ing-house now in the possession of Domine Du Bois; and from thence
to run all along the rear of the houses that front the Broadway up to
the north part of the rear of Spring Garden house; and from thence to
run up a line as the Broadway runs to the end thereof, including the
said Broadway; and John Harris, his house, and to include all other
houses hereafter to be built fronting the said Broadway, and from the
north end of the Broadway to continue and run a line as the said street
runs until it comes directly opposite to Bestaver's Killitie or rivulet;
and from thence to run to the said Bestaver's Killitie, and so to con-
tinue the said line four hundred foot beyond low-water mark into the
North river, and so down the said North river, always keeping four
hundred foot beyond low-water mark, until it comes directly opposite
to the middle of the west end of the first-mentioned street, and so to run
to and through the middle of the said street, to the place where the said
West ward first began.
South ward.
The South ward to begin at the middle of Wall street, where the line
of the West ward runs across the same, and from thence down the mid-
dle of Wall street, until it comes directly opposite to the middle of the
north end of Broad street; and from thence down the middle of Broad.
street to the long bridge, and from thence to the eastward of and to in-
clude the said long bridge, and the market-house at the south end of
the said street; and from thence to continue and run a south-east line
across the East river to low-water mark, on Nassau Island shore; and
from thence to run along the said shore at low-water mark to the south
side of Red Hook, and from thence to run a line across the North river
so as to include Nutten Island, Bedlow's Island, Bucking Island and
the Oyster Island, to low-water mark on the west side of the North river;
and so to run up along the west side of the said river at low-water mark,
until it comes directly opposite to Bestaver's Killitie or rivulet; and
from thence to run to the north-westerly corner of the West ward,
at four hundred foot beyond low-water mark; and from thence along
the bounds of the said West ward till it comes to the south-westerly end
thereof; and from thence still along the bounds of the West ward,
through the street by the parade, and through Beaver street and New
street, to the place where the South ward began.
Dock ward.
The Dock ward to begin at the middle of Wall street, directly oppo-
site to the middle of the north end of Broad street, and from thence
down through the middle of Wall street until it comes to the middle of
Smith street, then down through the middle of Smith street to a place
called Marten Clock's Corner, including the small street between the
APPENDIX XII.
1059
house of the late said Marten Clock, and the slip, and so to continue
and run a line as the said small street runs into the East river, four
hundred foot below low-water mark, thence running westerly, keeping
four hundred foot below low-water mark, till it comes to the bounds of
the South ward, and from thence along the bounds of the South ward,
up the middle of Broad street to the place where the said Dock ward
began.
East ward.
The East ward to begin at the north-easterly corner of the Dock
ward in the middle of Smith street, and so run from thence up through
the middle of the said street, till it comes directly opposite to the mid-
dle of the north-easterly end of Golden Hill street; and from thence to
run down through the middle of the said street to the middle of the
south-easterly end thereof; and from thence to run through the middle
of Rodman's slip to the East river; and from thence to continue and
run a line as the said slip runs into the East river, four hundred foot
below low-water mark; thence running westerly, keeping four hundred
foot below low-water mark, till it comes to the south-easterly end of the
Dock ward; and so along the bounds of the Dock ward up through the
middle of Smith street to the place where the East ward began.
North ward.
• The North ward to begin where the East ward begins, in the middle
of Smith street, and so to run from thence through the middle of the
said street, so far as it runs, and so to continue a line from the end of
the said street as the street runs to the south side of the creek that runs
from fresh water into the East river; and from thence running a north
course till it comes to the bounds of the West ward; and from thence
running along the bounds of the said West ward towards Spring garden,
and all along the rear of the houses fronting the Broad way, and so still
along the bounds of the said West ward to the middle of Wali street,
where the West ward runs across the same; and from thence down the
middle of Wall street along the bounds of the South ward and the Dock
ward, to the place where the said North ward began, including in the
same ward, the powder-house, the city hall and the Presbyterian meet-
ing-house.
Montgomerie ward.
Montgomerie ward to begin at the south-easterly corner of the East
ward, opposite to Rodman's slip, four hundred foot below low-water
mark in the East river, and from thence to run along the bounds of the
East ward, to and through the middle of Rodman's slip, and all through
the middle of Golden Hill street, till it meets with the boundaries of the
North ward, and the middle of Smith street, and so along the bounds
of the North ward, through the middle of Smith street to the rivulet
that runs from fresh water into the East river; from thence along the
said rivulet so far as it goes, till it empties itself in the said East river;
and from thence to run a south-east line four hundred foot beyond low-
water mark into the said East river, and from thence running westerly,
keeping four hundred foot beyond low-water mark, to the place where
the said Montgomerie ward began.
Тобо
APPENDIX XII.
Out ward.
The Out ward to begin at the north-westerly corner of the South
ward, at low-water mark, on the west side of the North river, over
against Bestaver's Killitie or rivulet, and from thence to run up along
the west side of the said river at low-water mark, until it comes directly
opposite to the river, creek or run of water, called Spyt den Duyvel, over
which King's bridge is built; and from thence to run to the said creek
or river to the Westchester side thereof, at low-water mark, and so to
run along the said river, creek or run, on Westchester side, at low-water
mark into the East river or sound, and from thence to cross over to
Nassau Island to low-water mark there, including Great Barn Island,
Little Barn Island and Manning's Island; and from thence along
Nassau Island shore, at low-water mark, to the bounds of the South
ward; and from thence along the bounds of the South ward, the Dock
ward, the East ward and Montgomerie: ward, to the place where the
said Montgomerie ward and the North ward meet, at the rivulet that
runs from fresh water, and so to run a north course as the said North
ward runs, till it comes to the bounds of the West ward; and from
thence along the bounds of the West ward to the north-westerly corner
thereof, at four hundred foot beyond low-water mark, near Bestaver's
Killitie or rivulet, and from thence along the bounds of the South ward
to the place where the said Out ward began.
Corporate officers. .
And we do further, of our special grace, certain knowledge and mere
motion for us, our heirs and successors, will, ordain, give and grant that
there be and forever hereafter shall and may be one mayor, one re-
corder, seven aldermen, seven assistants, one sheriff, one coroner, one
common clerk, one chamberlain, one high constable, sixteen assessors,
seven collectors, sixteen constables and one marshal, appointed, nomi-
nated, elected, chosen and sworn, in and for the said city of New York,
and the precincts and limits thereof; out of the freeholders or freemen,
inhabitants of the said city, in manner and form as hereinafter is particu-
larly mentioned; and for the better execution of our will, gift and grant
in this behalf, we have assigned, named, constituted and made, and by
these presents for us, our heirs and successors, do assign, name, consti-
tute and make our well-beloved Robert Lurting, Esq., to be the present
mayor of the same city, to do and execute all things which unto the of-
fice of mayor of the said city, doth or may belong or in any wise apper-
tain. And we do moreover, for us, our heirs and successors, give, grant,
ratify and confirm unto the said mayor of our said city of New York,
and to his successors, and to the mayor of the said city for the time
being, and to each of them forever, full power and authority to depute
and appoint one of the aldermen of the said city for the time being, to
be approved of by the governor or commander in chief of the said prov-
ince, for the time being, in the place of the mayor of the said city, for
the time being; and as his deputy in all matters and respects to act and
to do all things which to the office of the mayor of the said city, within
the limits, liberties and precincts thereof, do or ought to belong during
the sickness or in the absence of the said mayor, for the time being,
APPENDIX XII.
10бі
Deputy mayor, his powers and duties. .
4. And we do hereby will and grant, that every such deputy or person
so to be appointed and approved of, after having taken such oath as
hereinafter is directed for every such deputy to take, shall have as full
power and authority to act and do, in the sickness or absence of the
mayor of the said city, for the time being, all and singular those things
which to the office of mayor of the said city belongs or shall belong
or appertain, to all intents and purposes, as the mayor of the said city,
for the time being, by virtue of these presents or otherwise, hath, shall
or ought to have. And we do further, for us, our heirs and successors,
will, ordain and grant that, in case it should happen that the present
mayor of the said city, or any of his successors, or any of the mayors of
the said city for the time being, should happen to die before any other
fit person shall be appointed and sworn mayor of the said city, in their
respective rooms and places, then and in every such case, upon the
death of such mayor, such alderman for the time being (who shall have
been so appointed and approved of as aforesaid, to act in the place of
or as deputy to such mayor), shall be and he is hereby appointed and
declared mayor of the said city, and to continue and be continued in
and to execute the same office of mayor of the said city, from the death
of such mayor so dying, until another fit person shall be appointed and
sworn mayor of the said city, in such manner as in and by these presents
is hereafter directed for the respective mayors of the said city, to be
appointed and sworn, and so as often as such case shall happen.
Recorder.
5. And further we have assigned, ordained, named and constituted,
and by these presents do for us, our heirs and successors, assign, ordain,
name and constitute our trusty and well-beloved Francis Harrison, Esq.
(one of our council of our said province of New York), to be the present
recorder of our said city, to do and execute all things which unto the
office of recorder of the said city doth or may belong, or in any manner
appertain, and to continue and be continued in and to execute the said
office until another fit person shall be appointed and sworn in the said
office. And we do hereby appoint that the governor or commander in
chief for the said province for the time being, at any time or times when,
and as often as they or each of them think fit, may displace and remove
the present recorder or any other recorder hereafter to be appointed,
Aldermen- assistants.
6. And we do for us, our heirs and successors, assign, name, consti-
tute and appoint John Cruger, Harmanus Van Gelder, Frederick
Phillipse, Gerardus Stuyvesant, Anthony Rutgers, John Roosevelt and
Johannes Hardenbrook, Esqrs., citizens and inhabitants of the said city
of New York, to be the present aldermen of the said city; and Egbert
Van Borsom, Samuel Kip, John Chambers, John Moore, Isaac De
Peyster, Petrus Rutgers and Gerardus Beekman, Gent., to be the present
assistants of the said city, to wit: The said John Cruger to be alderman,
and John Moore to be assistant, for the Dock ward of the said city;
Harmanus Van Gelder to be alderman, and John Chambers to be assist-
ant, for the West ward of the said city; Col. Frederick Phillipse to be
alderman, and Isaac De Peyster to be ássistant, for the South ward of
1
1062
APPENDIX XII.
the said city; Gerardus Stuyvesant to be alderman, and Samuel Kip to
be assistant, for the Out ward of the said city; Anthony Rutgers, Esq.,
to be alderman, and Egbert Van Borsom to be assistant, for the North
ward of the said city; John Roosevelt to be alderman, and Petrus Rut-
gers to be assistant, for the East ward of the said city; Johannes Har-
denbrook to be alderman, and Gerardus Beekman to be assistant, for
Montgomerie ward of the said city.
Chamberlain, sheriff, coroner, high constable and marshal.
7. And we do, also, hereby nominate and appoint Cornelius De
Peyster to be the present chamberlain and treasurer of the city afore.
said; Colonel Henry Beekman to be the present sheriff of the said city;
Richard Nichols, Gent., to be the present coroner of the said city; Ed-
mund Peers to be present high constable, and Robert Crannel to be
present marshal of the said city.
Assessors, collectors and constables.
8. And also, we do hereby nominate and appoint John Le Montes,
David Abeel, assessors, Nicholas Van Taerling, collector, and John
Scott, constable, for the South ward of the said city; John Thurman
and John Bogart, assessors, and John Pearse, collector, for the West
ward of the said city; Gerardus Duyckinck and Simeon Soumain, as-
sessors, George Brinckerhoof, collector, and Christopher Nicholson,
constable, of the Dock ward of the said city; John Brown and Nathaniel
Marston, assessors, Peter Noxen, collector, and Timothy Bontecou,
constable, of the North ward of the said city; John Pintard and Peter
Van Dyck, assessors, Ebenezer Grant, collector, and John Abrahamson,
constable, of the East ward of the said city; Jacobus Kip, assessor, and
Cornelius Cousine, collector, for the Bowery division of the Out ward;
and Barent Waldren, assessor, Derick Bensing, collector, and Arent
Bussing, constable, for the Harlem division of the said Out ward.
Collectors, assessors and constables to be chosen.
9. And we do hereby appoint, order and direct that within forty days
after the date hereof, the freemen of the said city, being inhabitants in,
and the freeholders of each respective ward in the said city, may and
shall assemble themselves and meet together, at such time and place in
each of the said wards as each respective alderman for each respect-
ive ward shall appoint, and then and there, by plurality of their voices
or votes, to elect and choose out of the inhabitants of each respective
ward, being freeholders there, or freemen of the said city, the several
officers following, to wit, one other constable for the South ward, one
other constable for the West ward, one other constable for the Dock
ward, one other constable for the East ward, two assessors, one collector
and two constables for Montgomerie ward, and two other assessors and
three other constables for the Out ward, to wit, one other assessor and
two constables for the Bowery division, and one other assessor and one
other constable for the Harlem division of the said Out ward. And we
do hereby will and ordain, that each and every of the before named
mayor, aldermen, assistants, chamberlain, coroner, high constable and
marshal, and all and every the before-named assessors, constables, and
every other assessor and constable hereafter to be chosen for any ward,
APPENDIX XII.
1063
or division of a ward in the said city, before next Michaelmas day, on
their being respectively sworn into their respective offices, as hereafter
is directed, shall continue in their said respective offices until the four-
teenth day of October next ensuing the date hereof, and from thence
until other fit persons be respectively chosen and sworn, in their re-
spective rooms and places, in manner and form as is hereinafter directed.
And we do also further ordain, order and declare, for us, our heirs and
successors, that as well the before-named sheriff, as every other person
and persons hereafter to be appointed for or to the office of sheriff of
the said city, before he or they be permitted to exercise the said office,
shall each of them give and enter into bond to us, our heirs and suc-
cessors, with two or more sufficient sureties, in a penalty not less than
one thousand pounds, conditioned for the faithful and due execution of
his said office, in such manner as the governor or commander in chief
of the said province of New York, for the time being, shall think fit and
appoint. And the before-named sheriff, on his giving such security.
and having taken such an oath as hereafter is directed, shall continue
in his said office until the fourteenth day of October next ensuing, and
from thence until another fit person is appointed and sworn into the
said office, and has given such security as aforesaid.
Mayor, sheriff and coroner appointed yearly. Aldermen, assist-
ants, assessors, collectors, and constables chosen yearly.
10. And we do hereby further, for us, our heirs and successors, ap-
point and ordain that the governor or commander in chief of the said
province of New York, for the time being, by and with the advice of
the council of us, our heirs and successors, for the said province for the
time being, from time to time, shall have full power and authority on
the feast day of St. Michael the Archangel, in every year forever here-
after, to name and appoint and can, shall and may name and appoint a
discreet and fit person of the freeholders, freemen or inhabitants of the
said city to be mayor of the said city; and one other fit and able person,
one of the freeholders or freemen, being an inhabitant of the said city,
to be sheriff of the said city; and one other such person to be coroner
of the said city, all for the ensuing year. And also, that on the said
feast day of St. Michael the Archangel, in every year forever hereafter,
the freemen of the said city, being inhabitants, and the freeholders of
each respective ward in the said city, shall and may assemble themselves
and meet together at such time of the day and such public place in each
of the said wards as each respective aiderman for each respective ward,
for the time being, shall appoint; and then and there by plurality of
their voices or votes, to elect and choose out of the inhabitants of each
respective ward, being freeholders thereof, or freemen of the said city
(except the Out ward), for the ensuing year, one alderman and one
assistant, two assessors, one collector and two constables; and for the
said Out ward, four assessors, two collectors and four constables, to wit:
two assessors, one collector and two constables for each division of the
said ward. And also, that the mayor of the said city, for the time be-
ing, and four or more aldermen, ard four or more of the assistants of
the said city, for the time being, on the feast day of St. Michael the
Archangel, in every year forever hereafter, shall and may in common
council name and appoint one fit person, being a freeholder or freeman
and an inhabitant of the said city, to be treasurer or chamberlain of the
1064
APPENDIX XII.
said city for the year ensuing; and also, that on the same day in every
year forever hereafter, the mayor of the said city, for the time being,
shall name and appoint one other of the said inhabitants, being a free-
holder or freeman of the said city, to be high constable of the said city
for the year ensuing; every of which person so to be named for mayor,
coroner, high constable or chamberlain, or so to be elected for alder-
men, assistant, assessor or constable on the feast day of St. Michael,
shall on the fourteenth day of October then next ensuing their nomina-
tion or election respectively, take the respective oaths hereinafter ap-
pointed for them respectively to take, in such manner and form as here-
inafter is directed, and shall continue in their said respective offices
from their being so respectively sworn until other fit persons be respect-
ively named or elected, and sworn in their respective rooms and places.
And also, that every person so to be named for sheriff on the said feast
day of St. Michael shall on the fourteenth day of October then next
ensuing his nomination, take such oath as is hereafter appointed for
each sheriff to take, and shall give such security as is hereinbefore ap-
pointed for each sheriff to give, and shall remain in the said office from
the time of his being so sworn and giving such security until another fit
person shall be appointed and sworn into the said office and shall have
given such security as aforesaid. And we do further, for us, our heirs
and successors, appoint and ordain that if it should happen that either
the mayor, sheriff or coroner of the said city, for the time being, at any
time (before other fit persons be so as aforesaid respectively named and
sworn in their respective rooms) should happen to die, then and so
often as it shall so happen, it shall and may be lawful for the governor
and commander in chief of the said province for the time being, by and
with the advice of the said council for the said province, for the time
being, in some convenient time thereafter, to name and appoint
some fit and discreet person, being an inhabitant, freeholder or freeman
of the said city, to be mayor of the said city in the room of such mayor
so dying; and one other fit and able person, as aforesaid, to be sheriff
of the said city, in the room of such sheriff so dying; and one other fit
person as aforesaid, to be coroner of the said city, in the room of such
coroner so dying; and that every such person so to be named mayor,
after having taken such oath as is hereby appointed for each mayor to
take, shall remain in and execute the said office of mayor of the said
city until the fourteenth day of October then next ensuing, and until
another fit person be named and sworn into the said office of mayor of
the said city; and every such person so to be named sheriff, after have
ing sworn and given such security as is hereby appointed for each sher-
iff to do, shall have, exercise and remain in the said office of sheriff of
the said city until the fourteenth day of October then next, and until
another fat person be named and sworn in the said office of sheriff, and
shall have given such security as hereinbefore is appointed for each
sheriff to give; and every person so to be named coroner, after having
taken such oath as appointed hereby for each coroner to take, shall ex-
ercise and remain in the said office of coroner of the said city, until the
fourteenth day of October then next, and until another fit person be
named and sworn into the office of coroner of the said city.
APPENDIX XII.
1065
O
Vacancies of aldermen, assistants or other inferior offices supplied.
11. And we do moreover, for us, our heirs and successors, will, and
by these presents, grant to the said mayor, aldermen and commonalty
of the city of New York, and to their successors forever, that if it
should happen any of the present named aldermen or assistants, asses-
sors, collectors or constables, or any one of the aldermen, assistants, coi-
lectors, or constables hereafter to be elected and sworn, or to be sworn
in their respective offices as aforesaid, shall happen to die or remove
out of the said city, within the time they are or shall be respectively
named or elected for, or before other fit persons be respectively named
or elected and sworn in their respective rooms, it shall and may be law:-
ful for the freemen, being inhabitants in, and the freeholders of each
respective ward for which such aldermen, assistant, assessor, collector
or constable so dying or removing, had been named or chosen for, to
assemble and meet together at such time and place in the said respect-
ive ward, as shall be appointed by the mayor of the said city, for the
time being, or his deputy, and then and there by plurality of voices or
votes of the freemen, being inhabitants in, and the freeholders of such
ward, to elect one of the inhabitants of, and being a freeholder in such
ward or freeman of the said city, to serve as alderman, assistant, as-
sessor, collector or constable for the said ward, in the room of such al-
dermen, assistant, assessor, collector or constable so dying or removing;
and so as often as such cases shall happen. And in case the present
named or any future chamberlain, or any high constable of the said city
hereafter to be appointed, so sworn or to be sworn in their respective
offices aforesaid, should happen to die or remove out of the said city
within the time they were or shall be respectively appointed for, it shall
be lawful for the mayor of the said city, for the time being, or his
deputy and four or more aldermen, and four or more assistants, for the
said city, for the time being, in common council, to appoint another fit
person to be chamberlain in the room of such chamberlain so dying or
removing; and for the mayor of the said city, for the time being, to ap-
point another fit person to be high constable in the room of such high
constable so dying or removing; and so as often as such cases shall
happen. And all and every such person and persons so to be newly
chosen or appointed alderman, assistant, assessor, collector, constable,
chamberlain or high constable, shall serve in their respective offices
until other fit persons be respectively chosen or appointed and sworn in
their respective rooms, each of them (except the collector) first taking
such oaths as hereafter is appointed for each of them respectively to
take.
· Fine on corporate officers chosen and refusing to serve.
12. And we do further, for us, our heirs and successors, ordain, grant
and confirm unto the said mayor, aldermen and commonalty of the city
of New York, and their successors forever, that if any one of the in-
habitants of the said city of New York, being a freeholder or freeman
as aforesaid, shall hereafter be elected or chosen to the office of alder-
man, assistant, assessor, collector or constable for any ward in the said
city, or shall be appointed to be high constable of the said city, and
having notice of his said election, shall refuse, deny, delay, or neglect
to take upon him or them to execute such office, to which he or they
shall be so chosen or elected for, that then and so often as it shall hap-
1066
APPENDIX XII.
pen, it shall and may be lawful for the mayor or his deputy, or recorder.
and any four or more of the aldermen, and any four or more of the as-
sistants of the said city, for the time being, in common council, to tax.
assess and impose upon every such person or persons so refusing, deny.
ing, delaying or neglecting such reasonable and moderate fine and fines,
sum and sums of money, as they the said mayor or his deputy, or re-
corder, and any four or more aldermen, and any four or more assist-
ants in common council shall think fit, so as such fine for each refusal,
denial, delay or neglect shall not exceed the sum of fifteen pounds cure
rent money of New York; all which said fines shall and may be levied,
by distress and sale of the goods and chattels of such delinquent and
delinquents, by warrant under the seal of the said city, signed by the
mayor thereof, for the time being, rendering the surplusage to the
owner or owners thereof (if any be), the necessary charges of making
and selling such distress being first deducted, or by action of debt in
any court of record, to be prosecuted or any other lawful method to be
obtained; and shall be recovered and received by and to the use of the
said mayor, aldermen and commonalty of the city of New York, and
their successors forever, without any account thereof to be given to us,
our heirs or successors, or to any of the officers or ministers of us, our
heirs or successors; and upon every such refusal or neglect, other fit
persons to be elected and chosen in the room and rooms of such persons
so neglecting or refusing, in such manner as is before directed or ap-
pointed for electing and choosing of aldermen, assistants, assessors, col-
lectors and constables, and for appointing a high constable, upon the
death or removal of any of them respectively; and so as often as such
cases shall happen.*
No elections, etc., to be held on Sunday.
13. And we do hereby, for us, our heirs and successors, grant, appoint
and ordain, that if it shall happen that the day or days appointed for the
naming, appointing, electing or choosing, or for administering any oath
or oaths to any of the officers or ministers of the said corporation, shall
happen to fall on a Sunday, then and in such case such naming, appoint-
ing, electing or choosing so to be made, shall be made, and such oath or
oaths so to be administered, shall be administered on the next day, and
so as often as such case shall happen.
Common council, how, constituted. Power to make by-laws, and
to inflict and levy penalties.
14. And further we do, of our especial grace, certain knowledge and
mere motion, for us, our heirs and successors, give, grant, ratify and
confirm unto the said mayor, aldermen and commonalty of the city of
New York, and their successors, forever, that the mayor or recorder,
with four or more aldermen, and four or more assistants of the said city,
for the time being, be, and shall be forever hereafter, called the common
council of the city of New York; and that the said common council of
the said city, for the time being, or the major part of them, have and
may, and shall have full power, authority and license to frame, consti-
tute, ordain, make and establish, from time to time, all such laws, stat-
* Kent expresses the opinion that the provision as to a fine for not serving is
still in force.
APPENDIX 1067
S.
XII.
utes, rights, ordinances and constitutions, which to them, or the greater
part of them, shall seem to be good, useful or necessary for the good
rule and government of the body corporate aforesaid; and of all
officers, ministers, artificers, citizens, inhabitants and residents of the
said city, within the limits thereof, and for declaring how and after
what manner and order the mayor, recorder, aldermen and assistants
of the said city, for the time being, and all and every of their officers
and ministers, and all officers and ministers, and all artificers, inhabi.
tants and residents of the same city, and their factors, servants and
apprentices, in their offices, functions and business, within the said
city and liberties thereof for the time being, and from time to time,
shall use, carry and behave themselves; and for the farther public
good, common profit, trade and better government and rule of the said
city, and for the better preserving, governing, disposing, letting and
setting of the lands, tenements, possessions and hereditaments, goods
and chattels, to the aforesaid mayor, aldermen and commonalty of the
said city of New York belonging, or to them and their successors herc-
after to belong, and all other things and causes whatsoever touching or
concerning the said city, or the state, right and interest of the same
(provided that such laws be not contradictory or repugnant to the laws
or statutes of that part of our kingdom of Great Britain called England,
or of our said province), which laws, statutes, ordinances and constitu-
tions, so to be made as aforesaid, may be and remain in force for twelve
months from the day of the date thereof, and no longer, unless they shall
be allowed of and confirmed by the governor and council of the said
province, for the time being; and that the said common council of the
said city, for the time being, or the greater part of them, as often as
they shall make, ordain and establish such laws, statutes, rights, ordi-
nances and constitutions, in form aforesaid, may make, ordain, limit and
provide such and the like pains, punishments, penalties, either by fines
and amerciaments, or by disfranchising and amoving from the liberties,
privileges, immunities and freedom of the said city, or by either of them,
towards and against all and every person that shall offend against such
laws, statutes, rights, orders and constitutions, or any or either of them,
as by the said common council, or the major part of them, shall be
thought necessary and requisite to make, ordain, limit and provide, for
the observation and preservation of the same laws, rights, statutes, ordi-
nances and constitutions; and the same fines and amerciaments shall
and may, from time to time, levy, receive, have and recover, either by
distress and sale of the goods and chattels of such delinquent and de-
linquents, by warrant under the hand and seal of the mayor or recorder,
or any one of the aldermen, for the time being, rendering the surplusage
to the owner or owners thereof (if any be), the necessary charges of
making and selling such distress being first deducted; or by action of
debt, in any court of record to be prosecuted, or in any other lawful
method to be obtained, and to the use of the said mayor, aldermen and
commonalty of the city of New York, and their successors, forever,
without any account thereof to be given to us, our heirs or successors, or
to any of the officers or ministers of us, or our heirs or successors; all
and singular, which laws, statutes, rights, ordinances and constitutions
so as aforesaid to be made, we do, for us, our heirs and successors, will
to be observed, under the pains, penalties and forfeitures in the same
contained. And we do further, of our especial grace, certain knowledge
1068
APPENDIX XII,
and mere motion, for us, our heirs and successors, give, grant, ratify and
confirm unto the said mayor, aldermen and cornmonalty of the city of
New York, and their successors, forever, that the common council of
the said city, for the time being, or the major part of them, shall have
the sole power of determining and deciding all elections of all and every
their officers and ministers hereafter to be chosen and elected in or for
the said corporation, or any part thereof.*
Common council to be called by the mayor, or in case of his sick
ness or absence, by the recorder. Power to establish ferries.
15. And we do hereby, for us, our heirs and successors, ordain, de-
clare, give and grant, unto the said mayor, aldermen and commonalty
and their successors, that the common council of the said city shall be
summoned, called and held from time to time, so often and at such
times and places, as the mayor, or in case of his sickness or absence,
the recorder of the said city, for the time being, shall think fit to ap-
point or direct; and that it shall and may be lawful to and for the
assess and lay such reasonable fines and amerciaments in and upon every
officer and member of the body corporate aforesaid, for the time being,
who after having had due notice, or being duly summoned to appear or
neglect so to do, or make default therein, or shall not appear or attend
according to such notice or summons, in that behalf, or show a reason-
able cause, by the said common council, or the major part of them, at
their discretion to be allowed, and so as often as such case shall happen,
.
or attendance of any such officer or member of the body corporate
aforesaid, shall exceed the sum of twenty shillings, in the manner and
form aforesaid, to be levied, and by, to and for the use of the mayor,
aldermen and commonalty of the said city and their successors, to be re-
covered and received without any account thereof to be given to us, our
heirs or successors, or any of our or their officers and ministers. And
we do further, for us, our heirs and successors, give, grant and confirm
unto the mayor, aldermen and commonalty of the said city of New York,
and their successors forever, that the common council of the said city,
for the time being, or the major part of them (but no other person or
persons whomsoever, without the consent, grant or license of the said
common council of the said city, for the time being, or the major part
of them), from time to time, and at all times hereafter, shall and may
have the sole, full and whole power and authority of settling, appointing,
establishing, ordering and directing, and shall and may settle, appoint,
establish, order and direct such and so many ferries around Manhattan's
Island, alias New York Island, for the carrying and transporting people,
horses, cattle, goods and chattels from the said Island of Manhattan's
to Nassau Island, and from thence back to Manhattan's; and also from
the said Island Manhattan's to any of the opposite shores all around the
same island, in such and so many places as the said common council,
or the major part of them shall think fit, who have hereby, likewise, full
power to let, set or otherwise dispose of, all or any of such ferries, to
any person or persons whomsoever; and the rents, issues, profits, fer.
* Kent is of the opinion that many of the powers granted by this section are
still possessed by the common council.
APPENDIX XII.
1069
riages, fees and other advantages arising and accruing from all and every
such ferries; we do hereby fully and freely for us, our heirs and suc-
cessors, give and grant unto the mayor, aldermen and commonalty of
the city of New York, aforesaid, and to their successors forever, to have,
take, hold and enjoy the same to their own use, without being account-
able to us, our heirs or successors, for the same or any part thereof.
Power to build, repair and lay out bridges, lanes, highways, streets
and alleys.
16. And we do further, for us, our heirs and successors, give, grant,
ratify and confirm unto the said mayor, aldermen and commonalty of
the city of New York, and their successors forever, that the common
council of the said city, for the time being, or the major part of them
have, and from time to time and at all times hereafter forever, shall
have full power, license and authority, not only to establish, appoint,
order and direct the making and laying out of all other streets, lanes,
alleys, highways, water-courses and bridges not already made or laid
out, but also the altering, amending and repairing all such streets, lanes,
alleys, highways, water-courses and bridges, heretofore made or laid out,
or hereafter to be made or laid out, in and throughout the said city of
New York and the Island of Manhattan's, in such manner as the said
common council, for the time being, or the major part of them, shall
think or judge to be necessary and convenient for all inhabitants and
travellers there.
Power to establish markets.
17. And further, we do hereby, of our especial grace, certain knowl-
edge and meer motion, for us, our heirs and successors, give, grant,
ratify and confirm unto the said mayor, aldermen and commonalty of
the city of New York, and their successors, that they and their suc-
cessors shall and may have, hold and keep markets at the five several
places (in the said city of New York on every day in the week through-
out the year except Sundays) as follows, to wit: One market at Coen-
ties' dock; one other market at the Old slip, at Burgher's path; one
other market at Countesses slip; one other market at the lower end of
Wall Street, and one other market by the Long bridge. And also, we
do for us, our heirs and successors, grant unto the said mayor, aldermen
and commonalty of the city of New York and their successors forever,
that they and their successors shall and may have, hold and keep such
and so many other markets, at such and so many other times and places
in the said city of New York as shall from time to time be ordered,
established, erected and appointed by the common council of the city
aforesaid for the time being, or the greater number of them.
The assize of bread, wine, etc.
18. And we do further, for us, our heirs and successors, give and grant
unto the said mayor, aldermen and commonalty of the city of New York
and their successors, that they and their successors may and shall have
the assize and essay of bread, wine, beer, ale and all other victuals and
things whatsoever, set to sale in the said city and the liberties and limits
thereof; and the amending and correcting of the same assize; and all
amerciaments, fines and forfeitures to be laid and forfeited concerning
1970
· APPENDIX XII.
the same or any part thereof, without any account thereof to be given
to us, our heirs or successors; and to perform, do and act by themselves
or their deputies, all and everything needful or necessary in, about or
concerning the same.
Gauger, surveyor and packer.
19. And we do hereby further, for us, our heirs and successors, grant
and give unto the said mayor, aldermen and commonalty of the city of
New York, and their successors forever, the office of gauger of and in
the said city, to gauge all and singular the wine, rum, brandy, molasses,
beer, ale, cider, and other merchandises and vessels gaugable or to be
gauged within the said city; except such liquors as are to pay duty by
virtue of any act of assembly, until after they have been gauged by the
public officer appointed for that purpose; and the office of measurer of
and in the said city, to measure salt, wheat, oats and other grain, and
all other merchandises measurable or to be ineasured in the said city;
and also the offices of surveyor and packer of bread, flour, beef, pork
and other provisions, and all other merchandises and commodities to Be
surveyed or packed in the said city; and also the office of cartage, car-
riage and portage of all goods, wares, merchandises and other things to
be carted or carried in or through the said city, or any part thereof;
and also the office of garbling of all manner of spices and other mer-
chandises and things to be garbled in the city aforesaid, to have and to
hold the several offices aforesaid, and every of them, and the disposi-
tion, ordinances and corrections of the same, and to exercise the same
by themselves or their deputies, and to take and receive to themselves
all fees, profits and perquisites to the said offices and every of them, due
or to be due, and all the fines, amerciaments and forfeitures to be laid
and forfeited concerning the same, or any part thereof, to them the said
mayor, aldermen and commonalty, and their successors, to their own
proper use forever, without any account, or any other thing, to us of
pur heirs or successors, to be given or made.
Power to make free citizens.
20. And further, that the mayor of the said city, for the time being,
or his deputy for the time being, and any four or more of the aldermen
for the time being, shall from time to come, and at all times forever
hereafter, have full power and authority, under the common seal of the
said city, to make free citizens of the said city and liberties thereof;
and that every person so to be made a free citizen, shall pay on his
being made free, for the use of the said mayor, aldermen and common-
alty of the city aforesaid, and their successors forever, a sum not exceed-
ing five pounds New York money; and we do for us, our heirs and suc-
cessors, give and grant unto the said mayor, aldermen and commonalty,
and their successors forever, full power to ask, take, demand and receive
the same to their own use and behoof, without any account thereof to
be given to us, our heirs or successors, or any other person or persons
whatsoever.
Privileges of free citizens.
21. And we do hereby, for us, our heirs and successors, constitute,
appoint and ordain, that no person whatsoever, not being a free citizen
APPENDIX XII.
1071
of the said city as aforesaid, shall at any time hereafter, use any art,
trade, mystery or occupation within the said city, liberties and precincts
thercof, or shall by himself, themselves or others, sell or expose to sale
any manner of goods, wares, merchandises or commodities by retail, in
any house, shop, place or standing, within the said city, or the liberties
or precincts thereof (save in the time of public fairs), and that every
such person so using any art, trade, mystery, occupation, or so retailing,
contrary to the intent and meaning of these our present letters, and
shall persist therein after warning to him or them thereof given, or left
by the appointment of the mayor of the said city, for the time being, or
his deputy, at the place or places where such person or persons shall so
use any art, mystery or occupation, or expose to sale by retail as afore-
said, any goods, wares, merchandises or commodities as aforesaid, shall
forfeit the sum of five pounds, New York money, to and for the use of
the said mayor, aldermen and commonalty of the city of New York, and
their successors, for every time that he or she shall so use any trade,
mystery or occupation, or expose to sale by retail as aforesaid, any
goods, wares, merchandises or commodities, after such warning given or
left as aforesaid; all and every of which same forfeitures shall and may
be levied by distress and sale of the goods and chattels of such delin-
quent and delinquents, by warrant under the seal of the said city, signed
by the mayor thereof, for the time being, or his deputy, rendering the
surplusage to the owner or owners thereof (if any be), the necessary
charges of making and selling such distress being first deducted; or by
any other lawful method to be obtained; and shall be recovered and
received by and to the only use of the mayor, aldermen and commonalty
of the city of New York, and their successors forever, without any
account thereof to be given to us, our heirs or successors, or to any of
the officers or ministers of us, our heirs or successors; provided always,
and we do hereby for us, our heirs and successors, direct, appoint and
order that no person or persons shall be made free as aforesaid, but such
as are or shall be natural born subjects of us, our heirs or successors, or
shall be naturalized or made denizens. And we do further, for us, our
heirs and successors, ordain and appoint, direct, will and grant, that all
and every person and persons now living, who at any time heretofore
have been admitted free citizens, or into the freedom of the said city of
New York, shall be and remain free thereof, and free citizens, and have
and enjoy the said freedom, and all the rights and privileges of freemen
and free citizens of the said city of New York to all intents and pur-
poses whatsoever.
Common council to appoint surveyors, measurers, gaugers, garb.
lers, beadles, etc.
22. And for the better preservation of good rule and order in the
said city, we do, for us, our heirs and successors, will, ordain, grant,
unto the mayor, aldermen and commonalty of the said city, and their
successors, that the common council of the said city, for the time being,
or the major part of them, shall have full power and authority to license
or appoint by warrant, under the common seal of the said city or other-
Wise, one or more surveyors of flour, bread, beef, pork and other provi-
sions, measurers of grain, salt and all other commodities, gaugers of
wine, beer, ale, cider, rum, brandy, and all other salable or excisable
liquors, garblers, beadles, bell-men, watchmen, bridewell keepers, or
1072
APPENDIX XII.
keepers of a house or houses of correction, and of alms-houses, criers
and bell-ringers, and to displace all or any of them, and put others in
their room, and to add or diminish the number of them, or any of them.
as often as the said common council of the said city, or the major part
of them shall think fit.
To erect bridewell or work-houses..
23. And further, we do for us, our heirs and successors, grant unto
the said mayor, aldermen and commonalty, and their successors forever,
full power and authority to erect and build, or appropriate any of their
buildings already built, for one or more bridewell or bridewells, house
or houses of correction, and work-house or work-houses, together with
full power and authority to the said mayor, recorder and aldermen, or
any one of them, to take up and arrest, or order to be taken up and
arrested, all and any rogues, vagabonds, stragglers and idle and sus-
picious persons; and as they, the said mayor, recorder or aldermen, or
any one of them, shall see cause to order all or any such rogues, vaga-
bonds, stragglers and idle and suspicious persons, either to the said
work-house, there to remain and work such work and so long, not ex-
ceeding forty days, or else to bridewell or the house of correction, there
to receive such punishment, not extending to the loss of life or limb, as
the said mayor, recorder and aldermen, or any one of them, shall think
fit. And also, that they, the said. mayor, aldermen and commonalty,
and their successors forever, may and shall have power to build, erect
or appropriate any of their buildings already built, for an alms-house
for relief of the poor; together, also, with as full and ample power to
them and their successors, to order, direct and act in and about the
said houses of correction, work-houses and alms-houses, and the persons
to be put in and ordered there, as to any city or corporation in any
place of that part of our realm of Great Britain called England, and
the officers or ministers thereof doth or may belong. And also, that
they, the said mayor, aldermen and commonalty, and their successors
forever hereafter, may have one or more jail or jails in such fit place or
places within the said city and limits and jurisdiction thereof, as by the
common council of the said city, for the time being, or the major part
of them, shall be appointed to imprison and safe keep all and every
person and persons for any treasons, murders, felonies, trespasses, evil
doings, and all other matters and causes whatsoever to be arrested or
attached, or to be committed to the jail or jails aforesaid, in safe.cus-
tody, there to remain until they be delivered by due course of law.
And that the common council of the city aforesaid, for the time being,
or the major part of them, shall and may have power from time to time,
to choose, constitute and place one or more fit person or persons in the
office or offices of keeper or keepers of the jail or jails aforesaid, to hold
the same during the good pleasure of the common council of the said
city, for the time being, or the major part of them, as aforesaid, requir-
ing, and hereby for us, our heirs and successors, empowering and com-
manding the keeper and keepers of the jail or jails aforesaid, for the
time being, and all and singular traitors, murderers, felons, malefactors,
disturbers of the peace and other delinquents, and all others, for any
crime or offense, or other reasonable cause or matters, to the jail of
jails aforesaid, ordered or committed, or to be committed or ordered,
from time to time, shall receive, take, keep and cause to be kept in the
APPENDIX XII.
1073
same jail or jails, until they shall be thence delivered by due course of
law.
Mayor appointed clerk of the market. Power to grant licenses.
24. And we do further, for us, our heirs and successors, will, ordain
and grant that the mayor of the said city, for the time being, shall for-
ever hereafter be clerk of the market, of us, our heirs and successors,
within the city aforesaid and the limits, liberties and precincts thereof;
and that the mayor of the said city, for the time being, by himself or
his deputy, may and shall have full power and authority to do and exe-
cute, and shall and may do and execute forever, within the limits, liber-
ties and precincts of the said city, all and whatsoever to the office of
clerk of the market there doth, shall or may belong, without any hin-
drance or impediment of us, our heirs or successors, or any the officers
of us, our heirs or successors; and that no other clerk of the market
shall intermeddle there. And also, that the mayor of the said city, for
the time being, and his successors, during the time of his and their
mayoralties and no other, be and shall be the bailiff and conservator
of the water of the North and East rivers, and shall and may do, exer-
cise and execute the said office of bailiff and conservator of the water
of the North and East rivers, or water bailiff by him or themselves, or
by his or their sufficient deputy or deputies, in, upon or about the same
water of the North and East rivers (that is to say) in and through all
the limits, bounds and jurisdictions of the said city of New York, upon
all and every the banks, shores and wharves of the same water of the
North and East rivers, within the limits and bounds aforesaid; and to
have, receive, collect and enjoy all and singular, wages, rewards, fees
and profits to the same offices of clerk of the market and water bailiff,
or any of them, due or to be due, or belonging to his and their own use,
without any account thereof to us, our heirs or successors, to be made.
And also, that the mayor of the said city, for the time being, shall have
full power and authority to license or appoint, by warrant, under his
hand and seal, or otherwise, one or more marshal or marshals of the
said city, porters, carriers, cartmen, carmen, packers, sullers, common
criers, scavengers, and to displace all or any of them, and to put others
in their rooms; and to add to or diminish the number of them, or any
of them, when and as often as the mayor of the said city, for the time
being, shall think fit.
Mayor to grant licenses to keep tavern.
25. And we do further, for us, our heirs and successors, grant, ratify
and confirm unto the said mayor, aldermen and commonalty of the city
of New York, and their successors forever, that the mayor of the said
city for the time being, and no other whatsoever, shall have power to
give and grant licenses annually, under the public seal of the said city.
to all such persons as he shall think fit to license them, and every of
them, to keep a tavern, inn, ordinary or victualing-house, and to sell
wine, brandy, rum, strong waters, cider, beer, ale, or any other sort of
excisable or strong liquors, within the city of New York or the liberties
and precincts thereof, by retail or the small ineasure; and that it shall
be lawful to and for the said mayor of the said city, for the time being,
to ask, demand, and receive for every such license by him to be given
68
1074
APPENDIX XII.
and granted aforesaid, such sum or sums of money, as he and the per-
son to whom such license shall be given and granted, shall agree for,
not exceeding the sum of thirty shillings for each license; all which
moneys, as by the said mayor shall be so received, shall be used and
applied to the public use of the said mayor, aldermen and commonalty
of the said city of New York and their successors forever, without any
account thereof to be rendered, made or done to us, our heirs or suc-
cessors, or any other person whatsoever; every and each of which
licenses shall continue and be in force for any time, not exceeding one
year from the granting thereof, but no longer. And we do hereby, for
us, our heirs and successors, constitute, direct, order and appoint, that
no person or persons whatsoever, without such license being in force,
shall at any time hereafter keep any tavern, inn, public ordinaries or
victualing-houses, or sell wine, brandy, rum, strong waters, cider, beer,
ale, or any other sorts of excisable or strong liquors within the city of
New York or the liberties or precincts thereof, by retail or small meas-
ure, under the penalty of five pounds, current money of New York, for
every time that any person shall act contrary hereto in any respect, to
be forfeited and paid by every person, for every time he or she shall
offend or act contrary hereto in any respect, to and for the use of the
said mayor, aldermen and commonalty of the city of New York, for the
time being, all and every of which penalties shall and may be levied, by
distress and sale of the goods and chattels of such delinquent and delin-
quents, by warrant under the seal of the said city, signed by the mayor
thereof for the time being, or his deputy, rendering the surplusage to
the owner or owners thereof, if any be the necessary charges of making
and selling such distress being first deducted), or by any other lawful
method to be obtained; and shall be recovered and received by and to
the only use of the mayor, aldermen and commonalty of the city of New
York, and their successors forever, without any account thereof to be
given to us, our heirs or successors, or to any of the ministers or officers
of us, our heirs or successors.
Mayor, recorder and aldermen, justices of the peace to hold courts
of sessions.
26. And further, we, of our especial grace, certain knowledge and
meer motion, have given, granted, ratified and confirmed, and by these
presents do for us, our heirs and successors, give, grant, ratify and con-
firm unto the said mayor, aldermen and commonalty of the city of New
York, and to their successors forever, that the mayor, deputy mayor,
recorder and aldermen of the said city, for the time being, be and shall
be at all times forever hereafter, and hereby are assigned to be justices,
and each of them a justice of us, our heirs and successors, the peace of
us, our heirs and successors, within the city aforesaid, and the limits,
jurisdiction and extent thereof, and within the county of New York, to
keep; and that they, the said mayor, deputy mayor, recorder and alder-
men of the said city for the time being, or any four or more of them
(whereof we will the mayor, or deputy mayor, or recorder of the said
city, for the time being, to be one), shall and may forever hereafter hold
and keep four courts of general sessions of the peace, in and for the
said city and county of New York, to begin at certain times in the year,
to wit: one of them to begin on the first Tuesday in November; another
on the first Tuesday in February; another on the first Tuesday in May;
APPENDIX XII.
1075
and the other on the first Tuesday in August in every year; each of
which sessions of the peace shall and may last, continue, and be held
any time, not exceeding four days. And also, that they, the said mayor,
deputy mayor, recorder and aldermen of the said city, for the time being,
or any four or more of them (whereof we will the mayor or deputy
mayor or recorder of the said city, for the time being, to be one), shall
and may forever hereafter, have full power and authority to inquire of
and hear and determine, within the city and county aforesaid, all and
all manner of felonies, imprisonments, riots, routs, oppressions, extor-
tions, forestalling, regratings, trespasses, offenses, and all and singular
other evil deeds and offenses, whatsoever, within the city and county
aforesaid, from time to time perpetrated, done, arising or happening,
which to the office of justices of the peace are incumbent, or do in any
manner belong, or which hereafter shall happen to belong or be incum-
bent on them, or which in any manner before justices of the peace
ought or may be inquired into, heard and determined, together with
the correction and punishment thereof, and to do and execute all other
things within the city and county aforesaid, and the liberties and pre-
cincts thereof, as fully, freely and entirely, and in as ample manner and
form as justices of the peace of us, our heirs and successors, anywhere
within that part of our kingdom of Great Britain called England, by the
laws, statutes or customs of England, or by any other legal method
whatsoever, heretofore had or exercised, or hereafter to be had or exer-
cised, could, might or can do, and in as ample manner and form as if
the same had been in these our letters particularly, and by special
words expressed, contained and mentioned. And that the said jus-
tices of the peace of us, our heirs and successors in the city and
county aforesaid, may have and exercise jurisdiction in all causes,
matters and things whatsoever which to justices of the peace of our
said city and county in any manner do or ought to belong. And
further, that the mayor, recorder and aldermen of the said city, for
the time being, and every of them from time to time, and at all
times forever hereafter, shall be justices assigned of oyer and ter-
miner, and of the jail delivery of all and every the jails now being and
hereafter to be in the said city and county, and either of them, and
shall be named in every commission thereof to be made. And we do
hereby, for us, our heirs and successors, grant, order and appoint that
the sheriff, and other ministers and officers of the said city, for the time
being, shall and may, and they are and each of them is hereby com-
manded, authorized and fully empowered to execute and return all and
every the precepts and commands of the mayor, recorder and aldermen
of the said city for the time being, and either or any of them, from time
to time at all times, as fully and effectually as any sheriff, minister or
omcer of any county or city anywhere in that part of our kingdom of
Great Britain called England, the mandates or commands of any justice
of the peace, justice of oyer and terminer, of jail delivery of, or in any
county there, hath used to make return or execute in any manner what-
soever.
Mayor's court.
27. And we do further, of our special grace, certain knowledge and
mere motion, will, and these presents, for us, our heirs and successors,
give, grant, ratify and confirm unto the said mayor, aldermen and com-
1076
APPENDIX XII.
monalty of the city of New York, and their successors forever, that they
and their successors forever hereafter, shall, can and may have and hold
in the name of us, our heirs and successors, one court of record within
the city of New York, and the liberties and precincts thereof, upon
every Tuesday in every year, before the mayor of the said city, for the
time being, or his deputy, or the recorder of the said city, for the time
being, and any three or more of the aldermen for the time being, or any
four or more of them (whereof we will the mayor of the said city for
the time being, or his deputy, or the recorder of the said city, for the
time being, to be one). And that the mayor of the said city for the
time being, or his deputy, or the recorder of the said city for the time
being, and three or more of the aldermen, and any four or more of
them (whereof we will the said mayor or his deputy, or the recorder, to
be one), shall and may hold, plea, and have cognizance of all and all
manner of plaints, actions and pleas of any lands and tenements within
the said city of New York, and the limits and precincts thereof; and
also of all actions of trespass with force and arms, and without replevin,
ejectment, trover and conversion, trespass upon the case, debt, detinue,
covenant, deceits, contracts, contempts, penalties, forfeitures and all
other actions and pleas, as well real as personal, and mixt, arising and
accruing within the said city and limits thereof; together with full
power and authority to hear and determine all and every the same, and
such actions and pleas aforesaid, and judgments thereon to render, and
executions thereof to award and make, and to act and do every thing
therein in such manner and form, and by such and the like methods,
process and proceedings, as fully and amply as in our other courts of
records, in such or the like cases, is used, or can or may be acted and
done, according to the laws of that part of our kingdom of Great
Britain called England, and of our said province of New York.
Sheriff and others to execute process of court.
28. And we do hereby, for us, our heirs and successors, grant, order
and appoint that the sheriff and the coroner, and other ministers and
officers of the said city for the time being, shall and may, and they are
and each of them is hereby commanded, authorized and fully em-
powered, to execute and return all and every the precepts and process
of the said court, to them respectively directed or to be directed, from
time to time and at all times, as fully and effectually as any sheriff,
coroner, minister or officer of or in any city or place within that part of
our kingdom of Great Britain called England, the precepts and pro-
cesses of any court of record there, hath used, or can or may execute
and return in any manner howsoever; provided, always, that the mayor
of the said city for the time being, or his deputy, or the recorder of the
said city for the time being, and any three or more of the aldermen of
the said city, or any four or more of them (whereof the mayor or his
deputy, or the recorder, we will to be one), may, and by these presents
have and shall have full power to adjourn the said court for any time
not exceeding twenty-eight days.
Corporation to have a common clerk.
29. And we do further will, and by these presents, for us, our heirs
and successors, give, grant, ratify and confirm unto the said mayor,
aldermen and commonalty of the city of New York and their successors,
APPENDIX XII.
1077
that iney and their successors from henceforth forever hereafter shall
and may have, within the city aforesaid, a fit and discreet man to be, and
who shall be, and be called the common clerk of the city aforesaid, to
act and do all these things within the city aforesaid, and the limits and
jurisdiction thereof, which to any common clerk of or in any city,
borough or town incorporated, anywhere in that part of our kingdom
of Great Britain called England, by virtue of his office, can or ought to
do. And also, that forever hereafter the common clerk of the city
aforesaid, for the time being, shall also be clerk of the court of record,
to be held before the mayor or his deputy, or the recorder, or any three
or more of the aldermen of the said city, as aforesaid; and also clerk of
our peace, and of the peace of our heirs and successors, and of the ses-
sions of the peace for and in the city and county of New York, from
time to time to be held, and all and singular those things which to the
office and offices of such clerk of the peace and of the sessions of the
peace, do and shall appertain to do, act and execute; and also, shall
and may require, demand, take, accept, hold, keep and enjoy all fees,
perquisites and profits which may to any such common clerk, clerk of
the peace, and of the sessions of the peace, do or ought to belong. And
we do hereby give, grant, ratify and confirm for us, our heirs and suc-
cessors, unto our beloved William Sharpas, Gent. (one of the inhabit-
'ants of the city aforesaid), to be the present common clerk of the city
of New York aforesaid; and also clerk of the peace; and of the ses-
sions of the peace, for and in the city and county of New York,
to continue in the offices aforesaid during his life, and to act and
execute the same offices and places by hiinself or his deputy. And
we do further, for us, our heirs and successors, appoint, will and
direct, that the governor or commander in chief of the said prov-
ince of New York, for the time being, from time to time and at all
times after the death of the said William Sharpas, when and so
often as the office and place of common clerk of the said city shall
happen to be vacant, shall and may appoint an honest and discreet
man, being one of the inhabitants and a freeman or freeholder of the
said city, to be.common clerk of the said city, during his good behavior;
and so, as often as such case shall happen. And we do further, for'us,
our heirs and successors, will and grant that so often as the said office
shall be vacant, the common council of the said city, for the time being;
shall and may appoint one other honest and discreet citizen, being an
inhabitant and freeman or freeholder of the said city, to be common
clerk of the said city, and clerk of the said court of record in and for
the said city; and clerk of the peace, and of the sessions of the peace
in and for the said city and county of New York, to act and execute
the said offices, and who shall and may execute, do and receive all and
whatsoever to the said offices and every of them belongs, or shall be-
long or appertain, till in his room another honest and discreet person,
being an inhabitant and freeman or freeholder of the said city, shall be
appointed into and for the said offices by the governor or commander
in chief of the said province, for the time being; and shall have taken
such an oath as is hereby directed for every such person so to be ap-
pointed to give and take; and so from time to time and so often as the
case may or shall so happen.
1078
APPENDIX XII. .
Attorneys appointed.
30. And further, we do hereby constitute, name and appoint James
Alexander, Joseph Murray, John Chambers, William Smith, George
Lurting, William Jamison, Richard Nicolls and Abraham Lodge, gen-
tlemen, to be the present attorneys, and each of them to be an attorney
of and in the said court of record for and during the good behaviour
of each of them respectively; and we do hereby, for us, our heirs and
successors, grant and ordain that no other attorney or attorneys, person
or persons whomsoever (besides the aforenamed attorneys, during the
time that they shall all remain attorneys of the said court), shall be per-
mitted or suffered to practice as an attorney of or in the said court;
but all and every other attorney and attorneys, person and persons
(besides the before-named attorneys during the time aforesaid) from
being an attorney or attorneys of or in the said court, and from all
practice as such, shall be and are and each of them is excluded and
debarred. And we do hereby, for us, our heirs and successors, give
and grant unto the said mayor, aldermen and commonalty of the city
of New York, and their successors forever, that the mayor of the said
city for the time being, or his deputy, or the recorder, and any three
or more of the aldermen of the said city, for the time being, or any
four or more of them (whereof we will the mayor or his deputy, or the
recorder of the said city, for the time being, to be one), shall and may
(by and with the consent and approbation of our governor and com-
mander in chief, for the time being), have full power and authority, all
or any of the before-named attorneys of the said court, and all or any
other of the persons hereafter to be appointed or admitted attorneys of
or in the said court, for their or his evil behaviour, in their or his said
duty or office of attorneys, or an attorney of or in the same, or his or
their being thereof legally convicted, from being attorneys or an at-
torney of or in the said court, to amove, displace and forever exclude,
and after the amoval or death of any two or more of the before-named
attorneys, upon the amoval or death of any other of the attorneys be-
fore-named, or hereafter to be admitted, to recommend one other per-
son to the governor or commander in chief of the said province of New
York, for the time being, for his approbation, in the room of such at-
torney so dying or being removed; each of which persons so to be
recommended and approved of as aforesaid, shall and may be admitted
and sworn an attorney of and in the said court; and so as often as the
case shall happen. And we do further, for us, our heirs and succes-
sors, grant and appoint that no other attorney or person whatsoever
shall, after the death or amoval of any of the before-named attorneys,
be admitted or suffered to practice as an attorney of or in the said court,
but what shall be recommended and approved of as aforesaid. And
further, we do, for us, our heirs and successors, grant, will and ordain
that the number of attorneys of the said court shall not at any one time
after the death or removal of any two or more of the before-named
attorneys, forever hereafter exceed the number of six; provided, that
nothing herein shall be construed to extend to hinder us, our heirs of
successors, from prosecuting or defending all or any suits, causes, ac
tions or prosecutions in the said mayor's court by our attorney or solici
tor-general for our said province, or the attorney or solicitor-general
of us, our heirs or successors, for the said province, for the time being;
nor to hinder the attorney or solicitor-general of us, our heirs or succes.
APPENDIX XII.
1079
sors, for the said province, for the time being, to practice in the said
court as counsel in any civil cause.
Mayor, recorder and aldermen and each of them, to determine all
causes with or without a jury, where the thing in demand shall
not exceed 40s.
31. And we do further, of our especial grace, certain knowledge and
mere motion, for us, our heirs and successors, grant, appoint and direct
that the mayor, recorder and aldermen of the said city for the time be-
ing, and each of them from time to time, and at all times forever here-
after, shall have by these presents full power and authority to have and
take cognizance of and to hear, try and finally determine, with or with-
out a jury, all pleas, suits, controversies and trespasses, wherein the
value does not exceed the sum of forty shillings, in such manner' as
they or either of them shall think or judge to be agreeable and accord-
ing to equity and good conscience; and, for the more due proceeding
herein, it shall and may be lawful for them or either of them to administer
an oath to the plaintiff or defendant, and also to such witnesses as shall
be produced by each party, if they, the said mayor, recorder and alder-
men, or either of them think fit; and in case either of the parties, plain-
tiff or defendant, shall not perform such order, judgment or decree as
the said mayor, recorder or aldermen, for the time being, or any of
them, shall make or set down, then it shall and may be lawful for them
or any of them to commit such party or parties to any prison of, or in
the said city, there to remain until he, she or they perfocail such order,
and every marshal of the said city for the time being is hereby com-
manded and authorized to execute all and any the sum omnes, precepts
and commands of them, the said mayor, recorder arma de inen, or any
one of them, made, issued, or given in, about or ccücering such suits,
pleas, controversies and trespasses, or any of them as shall be to him
directed; and every keeper of the jail for the city of New York, for the
time being, is hereby commanded and authorized to receive, and safe
keep in his jail or custody, all such parties so committed or to be com.
mitted to the prison he shall then be the keeper of, until he, she or they
shall perform such order accordingly.

Sheriff, clerk and all subordinate officers to attend upon the mayor,
recorder and aldermen, and to execute their commands.
32. And we do, for ourselves, our heirs and successors, by these
our present letters, require and strictly charge and command, and fully
empower the sheriff, common clerk, chamberlain, marshal, jail keepers,
high constable, petty constables, and all other subordinate officers of
and in the said city, now chosen, elected, constituted or appointed, or
that hereafter may be chosen, elected, constituted or appointéd, and
every of them respectively, jointly and severally, as cause shall require,
to be obeisant and obedient to and attend upon the said mayor, re-
corder and aldermen of the said city, and every or any of them at all
times hereafter, according to the duty or obligation of their respective
offices and places; and to execute all and every the commands, precepts,
warrants and processes to them respectively directed and issued, and
given out and to be issued and given out, by them the said mayor, re-
.corder and aldermen, or any one of them.
1080
APPENDIX XII.
Mayor, his deputy, and other officers to be sworn.
33. And we do further hereby will, declare and ordain that before
the mayor, deputy mayor, recorder, aldermen, assistants, assessors, sher-
iff, coroner, common clerk, chamberlain, high constable and petty con-
stables of the said city, such of them as are hereby appointed and
named, and all and every such as hereafter are to be appointed, elected
or chosen shall, before they be respectively permitted to execute their
respective offices or places aforesaid, respectively be sworn as follow,
to wit: The hereby named mayor of the said city, and every other per-
son hereafter to be appointed to or for that office, to take the proper
oath as such and well and truly to execute the office of mayor, and all
other offices and places hereby appointed for each mayor to execute
and act in, and the usual oath of a justice of peace, before the governor
or commander in chief of the said province of New York for the time
being, in presence of three or more of the aldermen of the said city of
New York for the time being; or in case of the absence of the governor
or commander in chief for the time being, then before the oldest coun.
sellor of the said province for the time being, in the presence of three
or more of the aldermen of the said city for the time being.
Governor to administer oath of office to mayor and other officers.
And we do hereby, for us, our heirs and successors, give and grant
full power and authority to the governor or commander in chief of the
said province for the time being, in the presence of three or more of
the aldermen of the city aforesaid for the time being, or in case of the
absence of the said governor or commander in chief, then to the oldest
counsellor of the said province for the time being, in the presence of
any three or more of the aldermen of the said city for the time being,
to administer such oaths accordingly, without any other warrant, com-
mission or power from us, our heirs or successors; and so from time to
time as often as the case shall or may require or happen. And the
above named recorder of the said city of New York, and every other
person hereafter to be appointed to or for that office, to take the proper
oath as such officer ought to take, and an oath well and truly to exe-
cute the office of recorder and the proper oath of a justice of peace, be-
fore the mayor of the said city for the time being, or his deputy; to
which same mayor for the time being, or his deputy, we do, for us, our
heirs and successors, give full power and authority by these presents to
administer such oaths accordingly in manner aforesaid, without any
other warrant, commission or power from us, our heirs and successors;
and every deputy mayor or every alderman hereafter to be appointed to
act as deputy mayor for the time being, to take the proper oath as such,
an oath well and truly to execute the office of a deputy mayor, during
the time for which he shall be appointed deputy, if the same mayor, his
constituent, shall so long live. And if the said mayor shall happen to
die within such time, that thereupon and from thenceforth such deputy
mayor shall well and truly execute the office of mayor of the said city,
until another fit person be appointed and sworn mayor of the said city,
in the manner in these present letters mentioned; and shall also
take the proper oath of a justice of peace before the mayor or re-
corder, and any three or more of the aldermen of the said city for the
time being. And we do hereby, for us, our heirs and successors, give
full power and authority to the mayor or recorder of the said city, and

APPENDIX XII.
1081
to any three or more of the aldermen of the said city, for the time
being, to administer such oaths as aforesaid without any other warrant,
commission or power from us, our heirs or successors. And also, every
alderman hereby appointed, and every person hereafter to be elected
to or for the office or place of alderman of or in the said city, to take an
oath well and truly to execute the office or place of alderman, and the
proper oath of a justice of peace, before the mayor, of the said city for
the time being, or his deputy, or the recorder of the said city for the
time being; and also, every assistant, assessor, sheriff, coroner, common
clerk, chamberlain, high constable and petty constable hereby named,
and every person hereafter to be elected or appointed to or for the office
or place of an assistant, assessor, coroner, common clerk or chamber-
lain, or shall be appointed or elected to or for the office or place of high
constable or petty constable of or in the said city, each of them respect-
ively to take the proper oath for his respective office or place, and well
and truly to execute the respective offices or places he is or shall have
been respectively elected or named for before the said mayor of the
said city for the time being, or his deputy, or the recorder of the said
city for the time being. And we do hereby give full power and author-
ity to the mayor of the said city for the time being, or his deputy, or
the recorder of the said city for the time being, to administer such re-
spective oaths to each of the respective persons aforesaid accordingly,
without any other warrant, power or authority from us, our heirs or
successors.
No free citizens of the city to be compelled against their wills, to
serve on any inquests or juries, or to execute any office out of the
jurisdiction of the city.
34. And further, of our especial grace, certain knowledge and meer
motion, we have granted, and by these presents do for ourselves, our
heirs and successors, grant and confirm unto the aforesaid mayor, alder-
men and commonalty of the city of New York, aforesaid, and to their
successors, that neither they nor any of them, nor any free citizen of the
said city during the time of their being inhabitants there, shall, against
their or any one of their wills, out of the city aforesaid, be put or empan-
neled upon or in any assizes, juries or inquisitions whatsoever (although
it toucheth or doth or shall touch us, our heirs or successors, and although
we or our successors be, or should, or shall be parties), out of the said
city, neither shall they or any one of them be made, elected or chosen
assessor, taxer or collector of any taxes, duties, imposts or subsidies
whatsoever, or of any part or parcel of them, or of any of them out of
the said city; nor shall be ordained, elected, assigned or appointed con-
stable, bailiff or any other officer or minister, without or beyond the said
city aforesaid, and the liberties and precincts thereof; nor shall be called
upon, compelled or forced against their or any of their wills to do, re-
ceive, occupy or discharge any of the duties or functions above men-
tioned, or any other office, duty or function whatsoever, without the
city liberties and precincts aforesaid. And although the aforesaid
mayor, recorder and aldermen, freemen or free citizens of the city
aforesaid, or any of them shall, while they are or remain inhabitants of
the said city, against their or any of their wills, be put, empanneled or
returned upon any assizes, juries or inquisitions whatsoever out of the
said city and limits thereof; or shall, to any of the offices above men-
1082
APPENDIX XII.
tioned, or any other office or function whatsoever out of the said city,
be elected or chosen; and though they or any of them being summoned,
empanneled or returned, elected or chosen as aforesaid, shall refuse or
neglect to come and appear before our justices, or other justices, com-
missioners or officers of us, our heirs or successors (before whom such
assizes, juries or inquests shall happen to be summoned or returned), or
in or upon the same assizes, juries or inquests, shall refuse or neglect to
be sworn or tried, or any of the offices, duties or functions aforesaid,
shall refuse to do, receive, occupy or discharge, yet the person or per-
sons so refusing any contempts, fines, amerciaments, penalties, forfeit-
ures or loss whatsoever, by reason of such refusal or neglect to or
towards us, our heirs or successors, shall not nor either of them, shall
in any wise incur, but therefrom and thereof, as well before us, our heirs
and successors, as all other the justices, commissioners and officers,
whatsoever of us, our heirs or successors, shall remain quiet and for-
ever discharged.
confirmation to all the inhabitants of their houses, lands, tenements
and hereditaments.
· 35. And further, we do, for us, our heirs and successors, by these
present letters give, grant, ratify and confirm unto all and every the
respective inhabitants and freeholders of the said city of New York, and
their several and respective heirs and assigns, forever, all and every the
several and respective messuages, tenements, lands and hereditaments
situate, lying and being in the said city, and Manhattan's Island afore-
said, to them severally and respectively granted, conveyed or confirmed,
or mentioned, or intended to be granted, conveyed or confirmed, by
any of the late governors, lieutenant governors or commanders in chief
of the said province, or by any of the former mayors or deputy mayors,
and aldermen and commonalty of the said city of New York, by that
or any other name, style or title, or by others claiming under any such
grant or conveyance, to have and to hold to them respectively, and to
their respective heirs and assigns, forever; saving and reserving the sev-
eral rents and quit rents reserved and due, and to be due and payable
from each of the several persons to whom, by virtue of any former
grants to them (or those from or under whom they respectively hold),
the same messuages, tenements, lands or hereditaments were made or
given.
Corporation to purchase and hold lands so as the clear yearly value
exceed not £3,000 sterling per annum.
36. And further, of our special grace, certain knowledge and meer
motion, we do, for us, our heirs and successors give, grant, ratify and
confirm to the said mayor, aldermen and commonalty of our said city of
New York, and to their successors, forever, full, special and free liberty,
license, power and authority to take, receive, have, hold and enjoy to
them and their successors, forever, in fee simple, any manors, mes,
suages, lands, tenements, hereditaments, rents and other possessions and
real estate within or without the same city, as well of and from us, our
heirs and successors, as of and from all and every other person and per
sons whomsoever, so as the manors, messuages, lands, tenements, here-
ditaments, rents and other possessions and real estate which the mayor,
aldermen and commonalty of the city of New York shall or may have
APPENDIX XII.
1083
in their possession and seizin, at any one time, exceed not, in the whole,
the clear yearly rent or value of three thousand pounds per annum,
money of our realm of Great Britain, beyond and above all charges and
reprises, without any hinderance of us, our heirs or successors, or the
justices, escheators, sheriffs, coroners, bailiffs or other the ministers of
us, our heirs or successors; and this without any other letters patent,
liberty, license or power from us, our heirs or successors, the statute of
mortmain, or any other act, law or statute, or any other cause, thing or
matter, whatsoever, to the contrary thereof in any wise notwithstanding;
and the same manors, 'messuages, lands, tenements, hereditaments,
rents and other possessions, or any part thereof, to demise, grant, lease
and set over, assign and dispose at their own will and pleasure, and to
make, seal and accomplish any deed or deeds, lease or leases, evidences
or writings, for or concerning the same, or any part thereof.
Grant and confirmation to the corporation of their buildings, mar-
kets, ferries, vacant lands, docks, wharfs, etc., and between high
and low-water mark on Manhattan's Island and at and adjoining
the ferry at Brooklyn. Grant by former charters confirmed.
37. And we do, by these presents, of our especial grace, certain
knowledge and meer motion, give, grant, ratify and confirm unto the
said mayor, aldermen and commonalty of the city of New York, and
their successors forever, all those the now city hall and jails, rooms or
places for the courts of justice and chambers adjoining, with the ground
and appurtenances thereto belonging, the five market-houses, the great
dock, the new crane and wharf, with the common shore leading through
the great dock and bridge, and also the magazine or powder-house near
the fresh water, all in the city of New York, and the ferry and ferries
on both sides of the East river, and all other ferries. now and hereafter
to be erected and established all round the island of Manhattan's; and
the management and rule of, and all fees, ferriages and perquisites to
the same, or any part thereof belonging or to belong; and also the
ferry-houses on Nassau Island, with the barns, stables, pen or pounds,
and lot of ground thereto belonging; and also all the ground, soil or
land between high-water and low-water mark, on the said island of
Nassau, from the east side of the place called Wallabout to the west
side of Red Hook; and also to make laws and rules for the governing ::
and well-ordering of all the ferries now erected or established, or here-
after to be erected or established round the said island Manhattan's,
and all the waste, vacant, unpatented and unappropriated land lying
and being within the said city of New York, and on Manhattan's Island
aforesaid, extending to low-water mark; together with the right, benefit ,
and advantage of all docks, wharves, cranes and slips or small docks
within this city, with the wharfage, cranage and dockage, and all issues,
rents, profits and advantages arising or to arise or accrue by or from all
or any of them; and all rivers, rivulets, creeks, coves, ponds, waters,
water-courses, fishing, fowling, hunting and hawking, mines and minerals,
and other royalties and privileges, within the city of New York and
Manhattan's Island; and also all and singular other the rights, privi-
leges, liberties, franchises, pre-eminence, advantages, jurisdictions,
courts, powers, offices, authorities, markets, ferries, ferriages, fees, fines,
amerciaments, perquisites, profits, immunities, lands, tenements, rents,
possessions and hereditaments and other real estate, not only which in
1084
APPENDIX XII.
the before recited grant or writing made or mentioned to be made in
the year of our Lord one thousand six hundred and eighty-six and in
the before recited letters patent of Queen Anne, mentioned or intended
to be thereby, or by either of them granted or conveyed, but also, which
the mayor, aldermen and commonalty of the city of New York, or their
predecessors, inhabitants or citizens of the said city of New York, or
any part thereof, by whatsoever other name, style or title they or any
of them have been known or called, have held, or claimed to hold, by
prescription or otherwise (silver and gold mines excepted) and also, ex-
cept our Fort George in our city of New York,* and the ground, full
boundaries and extent thereof or thereto belonging, and also that piece
of ground near the English church, called the governor's garden, and
the land called the king's farm, | with the swamp next to the same; and
saving the several rents, reserved by virtue of former grants, and sav-
ing to all other persons, bodies politic and corporate, their respective
titles to any of the said lands or tenements; and saving to the inhab-
itants of those that have plantations by the water side, between Walla-
bout and Red Hook, the right of transporting themselves and their own
goods only in their own boats, from and to their respective dwellings or
plantations, without paying ferriage, to have and to hold all and singu-
lar the premises aforesaid, and every part and parcel thereof (except
and saving as is herein excepted and saved) unto the said mayor, alder-
men and commonalty of the city of New York, and their successors
forever, to their only proper use and behoof forever.
Frant of the soil under water, from Bestaver's Killitie to the fort
on the North river; and of East river from Corlaer's Hook to the
Whitehall.
38. And also, we do further, of our especial grace, certain knowledge
and meer motion, give, grant, ratify and confirm unto the said mayor,
aldermen and commonalty of the city of New York, and to their suc-
cessors forever, all that space of ground and soil of Hudson's river now
lying and being under the water of the same river, to begin at a certain
place near high-water mark at the south end of a piece of upland, which
lies between the said river and a piece of meadow ground or marsh, be-
ing the first piece of meadow ground or marsh near Hudson's river, to
the southward of Greenwich, and from whence the above-named run
of water, called Bestaver's Killitie or rivulet, runs into Hudson's river, 8
from which place of beginning to extend and run to the south side of
the street, which runs from the parade before our fort in New York to
Hudson's river, south eighteen degrees, thirty minutes west, on a straight
line, the distance being one hundred and twenty-five chains, from which
ine to run a perpendicular breadth of, and to comprehend four hun-
* At the Battery. Fort Amsterdam under the Dutch, then Fort James, then Fort
Wilhelm Hendrick, then Fort James, Fort William Henry, and finally Fort George,
+ Afterwards known as the Queen's Garden. It probably lay just south of W
street, and extended to the Hudson river.
I King's Farm lay on the west side of Broadway, extending to the North river;
it originally extended northward from Fulton street to about Chambers street; 1
was subsequently extended to Christopher street on the river, and to Reade street
on Broadway.
& Bestaver's Kill, coming from the swamp about Washington square, emptied
tnto the Hudson at a point between King and Charlton streets. Its Indian name
was Minetta.
APPENDIX XII...
1085
dred feet from low-water mark into Hudson's river, the same contain-
ing eighty-two acres and one-half acre or thereabout. And also, all
that space of ground and soil of the East river, from the north side of
Corlaer's Hook to Whitehall, beginning at two large stones set on the
south side of a small creek in a marsh on the north side of Corlaer's
Hook; from whence to the eastermost point of Corlaer's Hook, the dis-
tance on a straight line running south fifteen degrees, thirty minutes
east, is forty chains and two rods; from thence to Whitehall, on a
straight line running south, seventy-eight degrees, thirty minutes west,
the distance is one hundred and fifty-two chains, from which two lines
to run a perpendicular breadth of and to comprehend four hundred
feet from low-water mark into the East river, the same containing one
hundred and twenty-seven acres or thereabouts; together with all and
singular, the benefits, liberties, privileges, ways, water-courses, ease-
ments, wharfs, keys, profits, hereditaments and appurtenances to the
same, or any part thereof belonging or appertaining, or to belong or to
appertain, or that can in any wise be had, made, used or enjoyed
thereon, or therewith used, with full power and authority at any time or
times hereafter to fill, make up, wharf and lay out all and every part
thereof; and the same to build upon and make use of in such manner
as they, the said mayor, aldermen and commonalty, and their successors,
shall think fit; and also, all our estate, right, title, interest, benefit, claim
and demand whatsoever, of, in or to the same, and the reversion and
reversions, remainder and remainders, and the yearly and other rents,
issues and profits thereof; to have and to hold, all and singular, the
premises aforesaid, unto them, the said mayor, aldermen and common-
alty, and their successors, to their own proper use and behoof forever, and
to no other use, intent or purpose whatsoever; provided always, that
nothing in these presents shall be construed to empower or entitle the
said mayor, aldermen and commonalty of the city of New York, or their
successors, to wharf out before any persons who have prior grants from
us or some or one of our predecessors, of keys or wharfs beyond low-
water mark, without the actual agreement or consent of such person,
their heirs or assigns, owners of such keys or wharfs. And also, that of
the wharves to be built or run out, there shall be left towards the said
East and North rivers, forty feet broad, as well for the greater con-
veniency of trade, as at any time or times hereafter, for us, our heirs
and successors, to plant batteries thereon, in case of any necessities; to
do which, we do, for us, our heirs and successors, hereby reserve power;
anything herein contained to the contrary in any wise notwithstanding;
they, the said mayor, aldermen and commonalty, and their successors,
rendering, yielding and paying for all and every the rights, privileges,
franchises, pre-eminences, advantages, jurisdictions, courts, powers,
offices, authorities, fines, amerciaments, perquisites, fees, ferriages,
profits, immunities, lands, tenements, rents, possessions, hereditaments
and other real estate, and all other the premises in and by these letters
before and hereafter granted, or meant, mentioned or intended to be
hereby granted unto us, our heirs or successors, or unto our or their re-
ceiver-general for the said province of New York, for the time being, at
the custom-house in the said city of New York, yearly and every year,
on the feast day of St. Michael the Archangel, the annual rent of thirty
Shillings, proclamation money, besides and over and above the yearly,
quit rent of one beaver skin, or the value thereof, in current money of
1086
APPENDIX XII.
our said province in and by the aforesaid recited grant, made in the
year one thousand six hundred and eighty-six, reserved to be paid on
the twenty-fifth day of March yearly, forever; and also, the yearly quit
rent of five shillings, current money of New York in and by the before
recited letters patent of Queen Anne, reserved to be paid at or upon
the first day of St. John the Baptist, yearly, forever.
Corporation quietly to enjoy all their rights and privileges.
39. And we do further, of our especial grace, certain knowledge and
meer motion, for us, our heirs and successors, by these presents give
and grant unto the aforesaid mayor, aldermen and commonalty of the
said city of New York, and their successors forever, that they and their suc-
cessors, all and singular the rights, privileges, franchises, pre-eminences,
advantages, authorities, jurisdictions, liberties, offices, courts, powers
immunities, ferries, ferriages, profits and perquisites hereinbefore men-
tioned, or intended to be hereby granted or confirmed, shall and may
forever hereafter have, hold, enjoy and use, without the hindrance or
impediment of us, our heirs or successors, or of any of the justices, sher.
iffs, escheators, coroners, bailiffs or other officers or ministers whatso-
ever of us, our heirs or successors, albeit the same or some or any one
of them, have not been used or may have been abused, misused or dis-
continued, forfeited or lost, being unwilling, and hereby forbidding, that
the said mayor, aldermen and commonalty, or their successors or any of
them by reason of the premises aforesaid or any part thereof, by us, or
our heirs, or by the justices, sheriffs, escheators, bailiffs, or other officers
or ministers of us, our heirs or successors, be hindered, molested, vexed
or aggrieved, or in any wise. disturbed; being willing, and by these pres-
ents for ourselves, our heirs and successors, commanding as well all the
judges and justices of us, our heirs and successors, as the attorney and
solicitor-general of us, our heirs and successors, for the said province
for the time being; and also all other officers and ministers whatsoever
of us, our heirs and successors, for the time being, that neither they nor
any of them do prosecute or continue, or cause to be prosecuted or con-
tinued, any information, or any writ or summons of quo warranto, or any
other writ or writs, prosecution, suit or processes whatsoever against the
aforesaid mayor, aldermen and commonalty of New York, or their suc- .
cessors for the time being, or against any of them, for any causes, things,
offenses, claims, usurpations, or omissions, or any of them, by them, the
said mayor, aldermen and commonalty, or any of them, or by the pre-
decessors or any of them, or by any other mayor, aldermen and com-
monalty of the city of New York or any of them, done, attempted,
claimed, used, had, usurped or committed, or omitted, at any time be-
fore the making of these letters. And we being willing also that the
said now mayor, aldermen and commonalty of the city of New York,
and their successors shall not, nor shall any or either of them, be mo-
lested or impeached by, or before any judge or judges, justice or jus-
tices, sheriffs, officers or other ministers aforesaid, in or for any use,
claim, abuse, usurpation of any the aforesaid, or of any other liberties,
franchises, or jurisdictions within the city aforesaid and the liberties
and precincts thereof, before the day of the making of these letters, had
used, claimed, abused or usurped, nor to or for them, or any of them,
or for any other thing whatsoever, shall be compelled to answer; and
also of our more abundant especial grace, certain knowledge and meet
APPENDIX XII..
1087
motion, we have given, pardoned, remitted, released and quit claimed,
and by these presents do for ourselves, our heirs and successors, give,
pardon, remit, release and quit claim to the aforesaid mayor, aldermen
and commonalty of the city of New York aforesaid, and to their suc-
cessors forever, by whatsoever name the same mayor, aldermen and
commonalty may be called, named or styled, or lately, heretofore were
called, styled, named or titled, all and all manner of actions whatsoever,
informations and suits of quo warranto and other informations, suits
and prosecutions; and also, all and singular, usages, non-usages, abuses,
forfeitures, usurpations, intrusions, omissions, and also, all unjust
claims of any rights, privileges, liberties, franchises, jurisdictions, courts,
powers, offices, fees, fines, amerciaments, ferries, ferriages, perquisites,
rents, possessions, lands, tenements or hereditaments whatsoever, by the
aforesaid mayor, aldermen and commonalty of the city aforesaid, or by
any of their predecessors, or by any other mayor, aldermen and com-
monalty of the city of New York, by whatsoever name or names, or in-
corporation, or by pretext of any incorporation, before the day of the
making of these presents, perpetrated, made or claimed; and also, all
and all manner of fines, amerciaments, penalties, sums of money, and
other forfeitures whatsoever, by reason of such usurpation, intrusion,
usage, non-usage, omission, abuse or unjust claim, and that they, the
said mayor, aldermen and commonalty of the city of New York, and
their successors, and every of them be and shall be, and hereby are,
thereof fully acquitted and discharged toward us, our heirs and succes-
sors forever; being unwilling that they or any of them should, by reason
of the premises aforesaid, or any part thereof by us, our heirs and suc-
cessors, or by any of our justices, sheriffs, ministers or officers whatso-
ever, be troubled, molested, or in any wise vexed.
Covenant that the corporation shall quietly enjoy all their fran-
chises and lands.
40. And further we do, of our especial grace, certain knowledge and
meer motion, will, declare and signify, and by these presents for us, our
heirs and successors, do grant unto and covenant with the said mayor,
aldermen and commonalty of the city of New York, and their successors,
not only that they and their successors forever hereafter may and shall,
have, hold, use, possess and enjoy all the rights, privileges, liberties,
franchises, jurisdictions, courts, powers, offices, authorities, markets,
ferries, fees, fines, amerciaments, perquisites, profits, immunities; and
also all the rents, possessions, lands, tenements and hereditaments, and
all other the premises in these presents mentioned, and intended to be
hereby granted and confirmed; but also, that these our letters, being
entered upon record, as is hereinafter appointed, and the record or en-
rollment thereof, and either of them, and all and everything therein
contained, from time to time, and at all times hereafter be, and shall
be, firm, valid, good, sufficient and effectual in law towards and against
as, our heirs and successors, according to the true intention thereof;
and in and through all things shall be construed, taken and expounded
most benignly, and in favor, and for the most and greatest advantage;
profit and benefit of the said mayor, aldermen and commonalty of the
city of New York, and their successors, as well in all courts as else-
where, without any confirmation, licenses, tolerations procured or to be
procured of us, our heirs or successors, notwithstanding that any writ or
1088
APPENDIX XII.
writs of ad quod damnum, have or have not issued or is or are not re-
turned, before the making of these presents, and notwithstanding the
not reciting, mis-reciting or not rightly or certainly reciting, or ill or
wrong reciting the said rights, privileges, liberties, franchises, jurisdic-
tions, courts, powers, offices, authorities, markets, ferries, fees, amercia-
ments, perquisites, profits, immunities, rents, possessions, lands, rene-
ments, hereditaments, and any other the premises in or by these pres-
ents granted, or mentioned, or intended to be hereby granted, or any
part or parcel thereof, and notwithstanding the not finding, or ill or not
right or certain finding of any officer or offices, inquisition or inquisi-
tions of the premises hereby granted or mentioned, or intended to be
hereby granted, or any part or parcel thereof, by which our title in and
to the said premises, or any part thereof, might, could, should or ought
to have been found, before the making of these presents; and notwith-
standing any defect in not reciting, or ill reciting of any lease, grant or
grants of the premises, or any part thereof being upon record, or not
upon record, or otherwise howsoever; and notwithstanding the ill
naming, mis-naming, or not right or certain naming any place or pre-
cinct, wherein the premises or any part thereof are or is; and notwith-
standing any defect in not mentioning, or not fully, rightly or certainly
mentioning the name or names of all or any the rights, privileges, liber-
ties, franchises, jurisdictions, courts, powers, offices, authorities, mar-
kets, ferries, fees, amerciaments, perquisites, profits, immunities, rents,
possessions, lands, tenements, hereditaments or other the premises
hereby granted or intended to be granted, or any part or parcel thereof;
or of the yearly or other rent of, or reserved in and upon the premises,
or any part thereof; and notwithstanding any defect for the want of a
computation or declaration, or for the omission of the true value of the
premises in these presents mentioned or intended to be hereby granted
or any part thereof; and notwithstanding any defect in not mentioning
our true right, estate or title of or to the same premises, or any part or
parcel of them; and notwithstanding the not mentioning, or not fully,
rightly or certainly mentioning the natures, kinds, species or quantities
of the premises or any of them, or any part or parcel of them; and not-
withstanding any act, statute or ordinance of parliament, or any act of
assembly; and notwithstanding any other defects, defaults or imperfec-
tions, or any other cause or thing whatsoever. And further, that if any
fault, mistake or imperfection in time to come, shall be found in these
presents, or any doubt, scruple or question be or shall be made, or shall
happen to arise concerning the premises, or any part thereof, that we,
our heirs and successors, shall and will vouchsafe to make any other
grant or assurance, under the great seal of us, our heirs or successors,
of the said province of New York, to the mayor, aldermen and com-
monalty of the city of New York for the time being, and their succes.
sors, at their own proper charges, for the better giving, granting and
confirming, and for their safe and better enjoying the premises aforem
said, and every part thereof, when it shall be desired by the same mayor,
aldermen and commonalty of the city of New York or their successors.
Also we will, and by these presents grant unto the said mayor, aldermen
and commonalty, that they shall and may have these presents, made
and sealed under the great seal of our said province of New York, with-
out rendering, paying or making any fine or fee, great or little to us, of
to our use for the same, although no express mention is made of the
APPENDIX XII.
1089
true yearly or other value, or of the certainty of the premises, or any
part thereof, or of the gifts or grants, heretofore by us, or our ancestors,
or by any governor, lieutenant-governor or commander in chief of the
said province of New York, to the mayor, aldermen and commonalty of
the said city of New York, or to the citizens and inhabitants of New
York, aforesaid, by that or any other name, style or title or any other
statute, act, ordinance, proclamation, provision or restriction made, pub-
lished, ordained or provided to the contrary, or any other cause or matter
whatsoever, in any wise notwithstanding.
Attestation clause.
In testimony whereof we have caused these our letters to be made
patent, and the great seal of our said province to be hereunto affixed and
the same to be entered of record in our secretary's office of our said prov-
ince, in one of the books of patents there remaining. Witness our trusty
and well-beloved John Montgomerie, Esq., our captain-general and
governor in chief of our said province of New York, and the province
of New Jersey, and territories depending thereon in America, and vice-
admiral of the same, at our Fort George in New York, the fifteenth day
of January, in the fourth year of our reign.
May it please your Excellency:
I have perused this charter and find nothing therein prejudicial to
the interest of his Majesty.
R. BRADLEY,
Attorney-General.
To his Excellency,
The Governor of the province of
New York, etc.
15th January, 1730.
LAWS OF 1732, CHAP. 584.
AN ACT FOR CONFIRMING UNTO THE CITY OF NEW YORK ITS RIGHTS
AND PRIVILEGES.
PASSED the 14th of October, 1732.
The mayor, aldermen, and commonalty of the city of New York,
I. Be it declared and enacted by the Governor, the Council and the Gen-
eral Assembly of the colony of New York, and it is hereby enacted by the
authority of the same, That the mayor, aldermen and communalty of the
city of New York, shall and may forever hereafter remain, continue and
be a body corporate and politic, in re-facto et nomine, by the name of
the mayor, aldermen and commonalty of the city of New York; and by
that name to sue, plead and be impleaded, and to answer and to be
answered, without any seizure or forejudger, for or upon any pretence
of any forfeiture or misdemeanor at any time heretofore done, committed
or suffered.
All letters patent, etc., heretofore made to them declared valid.
11. And be it enacted by the authority aforesaid, That all and singular
letters patent, grants, charters and gifts, sealed and under the great seal
69
1090
APPENDIX XIJ.
of the colony of New York, heretofore made and granted unto the
mayor, aldermen and commonalty of the city of New York be, and are
hereby declared to be, and shall be good, valid, perfect, authentic and
effectual in the law, and shall stand, be taken, reputed, deemed and
adjudged good, perfect, sure, available, authentic and effectual in the
law against the king's majesty, his heirs and successors, and all and
every person and persons whomsoever, according to the tenor and
effect of the said letters patent, grants, charters and gifts.
And confirmed.
III. And be it enacted by the authority aforesaid, That all and singular
letters patent, grants, charters and gifts, sealed under the great seal of
the colony of New York, heretofore made and granted unto the mayor,
aldermen · and commonalty of the city of New York be, and are to all
intents and purposes, hereby ratified and confirmed.
All their rights, privileges, franchises, etc., confirmed.
IV. And be it enacted by the authority aforesaid, That the mayor, alder.
men and commonalty of the city of New York, and their successors
shall, and may forever hereafter, peaceably have, hold, use and enjoy,
all and every the rights, gifts, charters, grants, powers, liberties, privi-
leges, franchises, customs, usages, constitutions, immunities, markets,
duties, tolls, lands, tenements, estates and hereditaments, which have
heretofore been given or granted unto the mayor, aldermen and com-
monalty of the city of New York, by any letters patent, grant, charter
or gift, sealed under the seal of the colony of New York.
Public act.
V. And be it enacted by the authority aforesaid, That this present act
shall be accepted, taken and reputed to be a general and public act of
assembly; of which all and every the judges and justices of this colony,
in all courts, and all other persons, shall take notice on all occasions
whatsoever, as if it were a public act of assembly, relating to the whole
colony; anything herein contained to the contrary thereof in any wise
notwithstanding.
INDEX.
The references to matter in appendixes are prefixed by asterisks.
...........................
325
.................
duty to support
sessions :
......
A.
Abandonment bonds :
Section, Page,
actions on.....
687-688 325, 326
condition of undertaking ........
687
suit brought in municipal court.......
......subd, 8, 1346 662
*allowance of extra costs.........
1422 1007
Abandonment of family, how punished....
686-689 323-32
what is adequate support.
...................
324, a
duty to support....................................
324, 7
appeals to general sessions ........
689 326
Accident cases. (See Hospitals.)
Accounts, commissioners of. (See Commissioners of Acounts.)
Acids : (See Poisons.)
storage of, regulated ..
764 359
Acknowledgments taken by justices of municipal courts..... 1379 670
Aconite and preparations, retail sales regulated .......
1516 715, 716
Actions against city: (Šee Bridges, Health, Opening Streets
under Streets, Parks, Tunnels.)
city to be sued in corporate name..
1614 17753
supreme court has jurisdiction of .......
262 130
where tried .................
........................
262 130
on what persons summons and process served........., 263 130
corporation counsel to have charge of........
1614 753
execution against the city not to issue until after ten
days' notice ......
264 130
not to be maintained unless claim first presented to
comptroller ....................
261 128
thirty days must elapse before commencing suit........
261 128
full taxable costs recovered by every successful plaintiff, 261 128
object of section is to avoid expense of action ......
129, a
failure to present claims, effect ...
129, 6
129, m
what is sufficient presentation.....
129, C
claim must arise ex contractu .....
129, à
not for damages for personal injuries..........
129, e
statutes restricting action until after condition per-
formed.......... .....................
129, 1
pending actions against any municipality consolidated... 1614 752, 753
for advertising. See City Record.)
for award for real estate taken for water supply........
500 246
in condemnation proceedings generally.............
1440 690
for damages for personal injury. .....................
claim must be presented to law department.......
129,
reasonable time for investigation must be allowed to
department............
129, g
presentation to law department a condition precedent,
notice must be in writing. .......................
what is sufficient service of notice.......
129, j
particularity of notice..
tice............................
129, K
"......
..
......
129,
129, h
129, i
atras, no sve
1092
Page
100V1Y
................
.......
96
,
Actions against city — Continued.
Section
for police salaries, limitation on..................
302
for printing and stationery .......
1528 72
Administrative departments: (See Boards, Boroughs, Con-
tracts, Officers of Corporation.)
enumerated......
assessments. (See Taxes and Assessments.)
buildings .......
644
correction.......
...... .... .. ... ..................
694
charities. (See Public Charities.)
docks and ferries.
816
education
1055
ferries. (See Docks and Ferries.)
inance .............. .......... .........
149
fire
................................ .. ............
720
health............
1167
law .................
255
parks .. .....
607
........
police
270
public charities ............
658
public improvements.....
410
taxes and assessments.........
884
assignment of work, etc. to, on organization......
1536
transfer of books and papers........
1537
books and papers, when open to inspection........
1545
bureaus may be consolidated.......
1543
certified copies of books, papers, etc., when to be fur.
nished.........................................
1545
1545
no expense without appropriation........
1511
appropriation not to be exceeded.................. 1541, 1542
heads of, ex officio members of board of aldermen ..... 25
commissioners of accounts to examine accounts and
methods when directed by the mayor........
119
corporation counsel, the official adviser..........
255
assistants may be assigned to departments by......
255 125
legal papers prepared by.......
124
attorney or counsel not to be employed by........
private counsel cannot be employed by department..
125, a
local boards to assist....
393 198
records of transactions to be kept...
1546 735
abstract published weekly.............
1546
reports to mayor...
........................
1544 735, 736
to be published in City Record......
1544
Advertisements in streets : (See Fire Department.)
assembly to regulate.....
....... subd. 16, 49
ordinances to be prepared by board of public improve-
ments .......
5, 416
Advertisements, official: (See City Record, Public Adminis-
trator.)
arrears, notice of sale for .......
1027
postponement .......
1029
assessment for local improvements :
notice of completion.......
950
on change of grade........ .......................
951
of confirmation .......
1018
assessments for taxation, opening for revision.
892
and hearing in borough ..
898
bonds and stocks, proposals for .
182
se ...............
205
civil service examinations ...... ........
· ....... subd. 2, 124
condemnation proceedings:
notice of application for commissioners......
1437
of report of commissioners.........
1440
courts, change of place of holding ...................
124
125
735
53
INDEX.
1093
760
611
400
.............
510
1
|
|
|
DO 0
41
Advertisements, official - Continued.
Section. Page.
*elections :
*registration and polling places, etc........
10
*nominations..........
................
1770
employes in dock department, annual statement oť
829
ferry franchises, proposals for ......
826 397
financial statement, two months prior to election .
161 72
franchise, proceedings to grant of... ........
38
land unclaimed, when city improves ............
1035 518
map of city, change in .....
436 219
land for water supply, adoption of ...........
486 239
redemption of land sold for arrears....
1041 520
sale of street cleaning plant.........
541 :
265
. at storage yards...........
545 268-269
street openings :
general provision. ......
1008 507
notice of application for commissioners .....
973 476
to appear .................
978 480
of presentation of report.....
981 484
taxation of costs...........
999 501
confirmation of assessment
1005 506
1018
street sweepings, for removing ...............
544 267
supplies :
for bids, generally................
419 207
for department of correction.....
704 332
for department of education......
1076 540
for department of parks ....
618 297
for department of public charities.
675 320
taxes, notice to pay
914 445
446, 447
919 447
unclaimed merchandise removed from docks
853 409
water supply:
notice of application for commissioners ......
491 241
to fill vacancy.......................
495 243
of presentation of report....
..........
245
wharves, etc., for bids for construction of .. ........
821 391, 392
work, for bids for generally ......................
419 209
Alcohol, storage of, regulated ..
769 362
Alderman, board of. (See under Municipal Assembly.)
Alley included in term “ street” ........
462 227
1010
1406 702
board of health may close temporarily........... ...subd. 1, 1219 600
Almshouse, schools connected with, to participate in school
funds ........
1154 570
...:::: ::
American Female Guardian Society, appropriation for, subd 22 (1), 230
schools participate in school fund.....
1154 570
American Fine Arts Society, exempt from taxation ........ 439 18
American Museum of Natural History:
appropriation for.........
..........subd. 17 (2), 230 108
617 297
to be maintained .....
613 293
Amusement. (See Theaters and Places of Amusement.)
Animals :
driving and slaughtering of certain........
1227 604
removal of dead animals..
1205 594
skinning of certain dead animals regulated.......
1212 597
strayed, lost or stolen, to be transferred to public pound
by property clerk of police department.....
Annual appropriations. (See Estimate and Apportionment,
Board of.)
Annual estimate. (See Budget.)
Antitoxines:
duty of board of health..
498
.....
508
109
331
171
1225
1226
603
1094
INDEX.
Section.
119
119
....
Antitoxines - Continued.
sale of, surplus.......
Apartment houses. (See Tenement Houses.)
Appointment. (See Civil Service, Mayor, President of Coun-
cil, Veterans.)
Appropriations. (See Budget, Contagious or Infectious Dis-
eases, Officers of Corporation, Salaries, Sinking Fund.)
transfer of, from one bureau to another in same depart-
ment.......
unexpended balances of......
surplus balances................
no power to make new appropriations hereby conferred,
of excise moneys...
Aqua fortis. (See Acids.)
Aquarium to be maintained.
Areas :
assembly to regulate .....
...........subd. 17, 49
ordinances to be prepared by board of public improve-
ments..............................................
Armories and drill-rooms. (See National Guard.)
Arrears. (See Assessments and Arrears.).
Arrest: (See Revised Statutes.)
duties of police generally, to make ............
119, a
238
120
613
293
315
337
665
338
163
173
316
174
174, a
174, 6
174
173
173
175
339
337
173
1781
368,
400 Cases 01 ..................
369
291
301
302
of vagrant children .....
to take accused to nearest magistrate .......
action for false imprisonment will lie..
but detention for hearing is legal . ......
returns by police.......
..... ........
338
warrant for, to be executed by police.......
337
in any part of the state . ........
337
wilful neglect by policeman in making, a misdemeanor..
without warrant":
duty of police.......................
violation of health laws ......................
311
Arson or incendiarism :
investigation into cases of .........
proceedings in ....
782
arrest of persons suspected of .......................
781
Art: (See Parks.)
city maġ take gifts of works of ....
609
commission constituted.....
633
commissioner of a department, when a member.
633
term of office .....
634
no compensation .......
635
quorum .............
... ...... ....
635
officers ..........
635
offices for...
636
expenses .........
636
to approve works of art .....
637
also designs for structures...
and location ...................
637
and removal , ...
637
when necessity for immediate..
639
power of park board not diminished....
637
time for decision limited...
638
Ashes :
removal of from streets, commissioner of street cleaning
has control over ......
.......... subd. 1, 534
on docks, by department of docks.........
540
contract for collection of, to be approved by board of
estimate..........................................
239
in houses....
1771
separate receptacles from garbage..........
1223
in streets.........
.. subd. 6, 49
1456
302
302
302
302
302
302
302, 303
637
303
303
303
303
203
20K
364
INDEX
1095
19
67
153
......
.
155
155
Ashes - Continued.
Section. Page.
not to be thrown into harbor .......
880 419
scows for, to be stationed....
420
Assembly districts :
*boundaries of each in New York county ..
812-819
*in Kings county..... ....... ................
819-835
*constitutional provisions respecting............
ii 794, 795
what included in first five council districts
ts ...........
11
one alderman elected in each..........
Assessment bonds. (See Bonds.)
Assessments and arrears :
arrears :
include taxes, assessments and water rents....... subd. 3, 151
bills of arrears of assessments, taxes and water rents.... 1051 526
receipt on, conclusive evidence of payment .......
1051 526
title not divested by sale after giving bill omitting
arrears ........
526, c
collection :
bureau in finance department .... .......... subd. 3, 151
chief officer, collector of assessments and arrears, 3, 151
appointed by comptroller...
...... ..........
salary, $4,000......................... subd. 3,
bond of .................. ........
where filed......... ...... ..,
158
renewal of bond ........
discharge of bond......
154
chief office in Manhattan borough...
.........
place designated by assembly
155
branch offices........ ... .........
deputies appointed by collector ....
156
bonds of......
............... .
156
powers and duties of...
156
collector and sureties liable for .........
156
salaries .................
156
clerks and assistants appointed by comptroller.. 160
assigned to horoughs by comptroller.......
salaries fixed by comptroller........
160
fees of collector for searches and certificates, assem-
bly may regulate ................
......... subd. 25, 49
contempt proceedings for arrears of personal taxes :
bureau for collection in corporation counsel's office,
128
bond of assistant in charge......
register of actions to be kept...
...............
935
payments of collections......
935
receiver to send cases to......
932
corporation counsel to act in all suits......
933 453
application to court at discretion of receiver ....
930 451
limitation as to time, amount and circumstances.
930 450
demand not necessary .........
452, a
a special proceeding..........
452, 6
amount of tax not to be contested...
.. ... ...
452,
return of marshal not to be questioned in ..
452, d
non-resident inay contest validity........
452, e
fine may be imposed........................
930 450
amount and costs......................
930 450
attorney not to retain costs........
...........
125, e
costs as on special proceeding..........
452, 6
bond taken, prosecution of........
931 452
proceedings, when dismissed by court.....
934 453
report of corporation counsel
934 453, 454
distress for arrears of personal taxes .
926-929 449-451
when warrant may issue.
.........................
926 449
marshal to execute....
......... ........... ....
926
extension of warrant... ......................
926 450
provision is constitutional
............. .......
450, a
possession of property defined.........
450, b, e
............
160
260
128
454
..
..........
454
453
...........
............
1
0
449
1096
INDEX.
Section
927
Page.
450, 6
450 d
450
450, 451
451
451 a
4518
928
928
....
Assessments and arrears - Continued.
distress for arrears of personal taxes - Continued.
action for recovery of property:
illegally destrained........
demand for return not required.
costs and interest to be added..
sale to be advertised........
by auction...
How conducted............
liability for excessive.....
surplus, how disposed of...
payment of collection
fees for searches ..........
interest : (See Assessments, Taxes, Water Rents.)
seven per centum on arrears.......
for what periods ........
............................
fourteen per centum on redemption ................
...
451
0
C
........
929
935
1052
454
527
.....................
1020
510
511
1020
1041
1048
162
525
vuVIVA VU NUI. ... • • • • • •
•
•
•
• •
1054
1027 513, 514
1027
1026 513
1036
518
519 c, d
lands to be purchased with, at sales for arrears.....
liens : (See Assessments for Local Improvements, Taxes
and Water Rents.)
notice to owners : (See Sales of Occupied Property, post.)
affidavits of, to be preserved...
advertisement of intention to sell ....
pamphlet of property to be sold.......
tax bills for lots in arrears or sold...
mortgagees, certain to be notified of expiration of time to
redeem ......
... ...
purchaser at sale not affected by foreclosure without
notice ......
...............
purchaser not bound to notify ............
no notice to paid mortgagee. ...............
how notice given ..
affidavits of service of notices.............
record of preceding memoranda ....
such mortgagees right to redeem.... ....
occupied property:
lease, when recorded .....,
notice by purchaser at tax sale..
no title until service of notice....
must strictly follow statute
........
invalid if error in year of taxes......
after lease has been made ......
sale not avoided by invalid notice .....
who is an occupant........
...................
how served ..........................
519, a
519,5
519, d
519
1037
1038
1039
1040
519, 520
520
520
523
0
1043
1043 522, 523
523, a
523, 6
523,
523,
523, e
523, f
1043
1044 523, 524
1045 524
524, a
523
O
.....
...
524,6
524
1046
524, a
524, 6
525
525
...........
..........i
affidavit of service ...........
officer taking, must certify credibility of affiant,
not competent evidence in action involving
validity of title.....
certificate of comptroller......
how executed ..........
not conclusive.........
redemption within six months ......
certificate by collector ...
payment to be made in each borough...
redemption: (See Mortgagee, Occupied Property, ante.)
notice to be published.....
time for redemption......
redemption money not recoverable after reduction of
assessment ................
last day to redeem must be specified.....
when sufficiently specified .......
portion of land may be redeemed.
1047
1049
157
71
.........
1041
1041
520
522, d.
522.
522,
1042
INDEX.
.
1097
Page.
.........
.
...
.....
513
515
.....
517
..
...........
515
Assessments and arrears - Continued.
· Section,
sales of real estate: (See Notice to Owners, ante.)
after three years .....
1027 513
water rents, four years.....
1027
at auction ....................
1027 513
by collector or assistant ...
1030 516
certificate to purchaser ......
1027 513
no charge for ......
1030 516
lost certificate supplied.......
1050 525
registry necessary for validity...
1050 525, 526
contiguous lots, how gold. ...........
1028
corporation may bid and purchase.......
1031 516
interest collected on sales used for ............
162 13
and assign bid within one year....
1032 516
title of former corporations vested in city ..... 1033 517
redemption from city......
.... ...
1034
possession by city after expiration of lease..... 1035 517, 518
description of property:
accuracy essential..
515, e, g
sufficient i
515, f
lease to purchaser:
when to be executed........
1041 521
no injunction against, when sale is void........
521, c
expense of drawing, etc...
1041
521
presumptive evidence of regularity.......
1041 521
statute is valid ........
521, a
evidence of irregularity overcomes pre-
sumption,....
521, b
rights of purchaser ..........................
1041 521
when recorded, for occupied premises ......... 1043 523
postponement of sale........
1029
purchase money:
refunded with interest, on vacation of sale..... 1030 516
recovered back only when void sale. .......
515, 6
not when sale avoided by excessive charges,
515,
not for irregularities in certificate or lease..
522, g
record of sales to be kept by collector...
1053 527
term of years :
runs from day of sale ...
515, a
undivided interests, payment for part and sale for
balance....
920 447
when void :
substantial compliance with law required......
514, a
taxes :
annual return to collector of taxes and water rents.. 1023 512
payment thereafter to collector.......... ....., . 1023 512
water rents :
account for each lot, and extras transmitted annually
to collector ...
1022 511
payments thereafter to collector........
2022 511
overcharges to be certified to collector for remission, 1022 511
Assessments, collection of. (See Taxes, Assessments and Arrears.)
Assessments for local improvements: (See Local Boards,
Ordinances, Sewers, Sinking Fund, Streets.)
apportionment amongst undivided interests :
where assessment is in gross......
1021 511
assessments: (See Docks, Streets).
area, matter of discretion ..
461, 9
benefits redder liable.. ..........
960 470
changed for manifest error by assessors............
462, 6
definition as used here...............
942
description of property .......
949 460, 461
in absence of street numbers........
461, 6
accuracy required in description n...... ..
461, a
owner's name .....
461, e
including several lots. ......
,
..................
455
461, c
wrong owner, effect of..
461, d
Cu OI..
..........
......
1098
INDEX.
Page.
461,
947
458
459,6
459, a
459,9
459, e
950
461
462
459, j
458
Assessments for local improvements - Continued.
Section.
erroneous principle, not subject to review..
not to exceed one-half valution .....
..................
not appearing, court must set aside.........
apportioned valuation ...
459, d
excess should be reduced if appearing...
459, h
last valuation for taxation used.
whenever made.........
presumption of regularity....,
459,8
valuation essential ........
.......................
may be made for purposé............
459,
notice of completion:
how given......
461
personal, unnecessary...........
462, a
conte
950
objections:
hearing by assessors............
950 461
necessary to prevent confirmation.
950
not sustained, to be presented to board of revision .. 950 461, 462
reference back to assessors, effect of.
462,
separate for different improvements....
459, i
under act of 1872 .. ....
assessors, board of :
five appointed by mayor..........
943 455
salary, $3,000..................
943 4j5
duties ............................
943 455, 456
no disqualification from relationship.
.......
456, a
exelusive judges.......
456,
assessment on inspection......
456,
after work is begun.....
456,
alteration of award for manifest error .........
456, e
powers devolved on ..........
945
secretary and subordinates :
appointed by board...
943 456
salaries .......
943
former employes retained ......
943
no injunction against....
nst......... ...... .........•••
946
objections heard by, to assessments........
950 461
board of revision of :
how constituted.....
944 456
general powers and duties .
1541 729, 730
powers devolved on ........
944, 945 456-458
powers of ..................
944 456, 457
limitation powers ...,
city not resporsible for acts..
457, 6
majority, a quorum.
hearing by, wben objections have been presented to
assessors .. .....
950 461, 46%
certificates to board of assessors:
aggregate of, to be assessed...
946
..................
expense of work, by officer in charge............ subd. 1, 946
interest on payments made......
...... subd. 2, 946
confirmation:
950
462
by board of assessors. ...........................
by board of revision ..
457, e
comptrollor to receive immediately op.. ....
944
950
462
to publish notice .........
1018
510
corporation bound by...........
457, a
final after revision.............
457, 6
lapse of thirty days ..........
944
not where reference back to assessors.......
457, f
delay no ground for relief ......
les ..................
457,
.............
........
1541 729, 730
458
457
.....................
457
457,9.
refusal, mandamus proper remedy... ............
exempt property may be assessed..
458,1
462, d.
INDEX.
1099
Section.
Page.
149
Assessments for local improvements -- Continued.
interest ou :
comptroller not to reduce below amount fixed by
law ............... . ...
notice of commencement......
commencement and rate ........... .............
sale set aside for overcharge of....
lien on real estate : (See Apportionment, ante.)
assessments a preferred lien ....
for parks and streets .........................
1018
1019
64
510
510
510, a
WONONNULUD
PUI
U
JIO
.
..
..
..
.
.
.
.
.
.
..
.
.
.
1017 509
1004 -505
1003 504, 505
...
172
159
1017
1017
509
509, a
509
510, c.
commences ou entry of assessment in comptroller's
list of assessments..
...... . .... ...
and in collector's list of confirmed assessments...
city property excepted..
continues until paid....................
no presumption of payment...
for deepening private docks ......
discharged by erroneous certificate...
assessment way be reinstated if no bona fide
purchasers .... .....
receipt and certificate not exclusive evidence...
includes interest and charges ....................
954
465
1051
526
1
0
.........
526, a
526, 6
1017
509
lists :
159
159
159
159
80 నననన
..............
176
184
comptroller to keep detailed record of all assess-
ments. ...
copy in other borough offices......
open to public inspection .......
presumptive evidence ...
payment :
former assessments to be enforced..
by city, funds to be raised ....... .......... .. ....
corporate stock, to be issued when collections
are insufficient.........
within four months ........
to wrong person ..................
includes all rights ..............
..................
unknown owners... .........
minors, etc ....................
where dispute ..................
city liable for payment.........
action must be brought....
remedies of land owners : (See Repaving under Streets.)
not applicable to assessment for street and park
openings .......,
limited to certain proceeding
general limitation... ..
953
953
953
953
953
84
464
464
464, a
464
464
464
464,6
465, C
............
50
0
0
muutu
......
................
prohibits equity proceeding
but not defenses to suit.
only where lien exists...
........ .........
action for moneys paid ............
1059
958 465
465, a
471, 6, a
466, 6
466, c
466, a
466, e
472, e
467, f
406, g, h
466, i
467, ;
467, ¥
467
469, †
468, n.
468, o
959
.......
within six years.................
what is an involuntary payment.....
none where proceedings are void ...
erroneous payment recoverable.......
proceeding is bar to recovery of money ........
petition to Supreme Court.........
.
jurisdiction in Supreme Court only.....
by owne; not made party......
...... ..........
former owner.............
grantee ...............
........... .................
lessee, bound to pay ..........
469, p
469, 9
469, 1
I100
INDEX.
469,
467,
a
467
468,
...........
..
..............
Assessments for local improvements — Continued.
remedies of land owners - petition, etc. Continued. Section. Page.
corporation counsel to be notified..............
· 959 AM
allegations of petition...............
.. 469, 10,
burden of proof .........
469, 20,30
wheu payment is a bar......
for fraud or substantial error....
what error ....
...........
substantial error defined........
468, 1, m
actual fraud............
468, à
fraud in assessing ......................
468, į
documentary evidence insufficient........
468, ē
in assessment or collection.......
467
terms defined.......
468. Í
unlawful increase of expense.....
unless party not injured......
.........,,
469,2
for second assessment for paving..............
460
not for irregularities in assessing ..............
470
constitutional...........
471,
omission to advertise .....
471, e, f
absence of written consent to change of grade.
quality of materials or work....
fraudulent collusion
assessment vacated or modified............
959
not entire assessment..............
471, 9
when modified ....
.......................
468, 3, X
when excess exactly appears.
472,
not below fair value...
472,
reassessment may be had..
964 473
at expense of city........
964 473
court cannot order.................
472,
lien to cease on decree... ....... ...
959 467
continued when sale set aside.....
960
· 471
sale may be set aside ...... ...... .......
960
SS 959 and 960 in pari materia.......
467, a
471, a
remedial statute......
468,
death of petitioner.........
469, aa
..........
limitation ...................
963 472–473
laches
469, UB
costs in discretion of court...
470, dd
all claims may be in one proceeding......
961
471
decision no effect on other owners.....
471,
revision of assessments :
all objections to be heard......
944
. 457
certiorari will not lie before board acts....
457, h
made within thirty days.........
944
reference back to assessors... .... ...........
944
effect of.......
witnesses may be examined......
void :
work not done by contract ..........
confirmation of assessment does not validate......
Assessments for taxation. (See Taxes.)
Assessors, board of. (See Assessments for Local Improvements.)
Association for Befriending Children and Young Girls, appro-
priation to.....
..... subd. 22 (19), 230
Association for Benefit of Colored Orphans, schools of ......
Astor Library exempt from taxation...
Astronomical Observatory to be maintained .....
Asylums:
fire regulations.........
762
report to board of health .........
Atlantic Avenue Dispensary, appropriation for....... subd. 22 (23), 230
Attorney-General of the State. (See Chamberlain.)
470
457
456, 457
46%,
456
94
209, i
209, m
570
1154
438, 10
293
.............
613
S...............................
.....
...........
1169
576
INDEX.
IIOI
Page:
18
19,
18
18
19,6
163
227
508
702
600
27
205
31, m
32, e
4, 416
110
337
173
638
90
Auctioneers :
Section.
licensed by city clerk.....
his discretion not subject to review......
security to be given by ........
president of council to revoke license for fraud....
sureties only liable to buyers........
police have supervision over ... .....
316
Auditing bureau. (See Finance, Department of.)
Tnot the same as Commissioners of Accounts.]
Avenue included in termi “street”.........
462
1010
1466
board of health may close temporarily...............subd. 1, 1299
Awnings and awning posts :
assembly to regulate.
........ subd. 7, 49
ordinances to be prepared by board of public improve-
ments .....
power not affected by restriction relating to encroach-
ments .........
contractor erecting illegal, cannot recover....
. B.
Babies' Hospital, appropriation for............. ....... subd. 8, 230
Bail :
on arrest under warrant by police ..
Bakeries in tenement houses, regulated ........... ......... 1311, 1312
Banks of deposit of the corporation :
how designated.................
196
to make weekly statement to comptroller.......
195
chamberlain deposits all money received in......
195
on same or next day.................
195
deposits not to exceed one-half capital and surpl
195
bank book to be exhibited to comptroller.......
195
payments only on checks attached to warrants...
195
interest on daily balances.....
196
Banners, placards and flags :
assembly to regulate....
........ subd. 14, 49
Barber shops to be open on Sunday until one P. M.......... 1535
law is constitutional...
Barges. (See Capal Boats, Garden Produce.)
Barrels. (See Obstructions under Streets.)
Bastardy bonds :
suit on, in municipal court
........subd. 8, 1304
Bastardy cases :
*allowance of extra costs.......
1422
commissioner of borough where reputed parent resides
to conduct........................
684
bas power to compromise........
084
collects and disburses payments by defendant....... 684
special sessions has exclusive jurisdiction............subd. 3, 1406
Bathing and swimming, assembly niay regulate.......... 29, 49
Baths :
floating:
berths to be furnished for ......
834
public and public comfort stations:
assembly to establish .......
........subd. 29, 49
commissioner of public buildings to control ........ 4, 573
Battery place, (See Parks.)
dford Dispensary and Hospital, appropriation to ...subd. 22 (23), 230
Bedloe's island:
part of Manhattan borough.....
subd. 1, 2
first assembly district ......
*tepth senatorial district.......
first district of municipal court... .........subd. 1, 1360
88
90
28
1725
723, a
...
....
......
662
1007
........
...
323
323
323
680
401
115
VONNVUVI
VIDUTIVU
.
.
.
.
.
.
.
.
.
.
.
.
.
. .
.
.
.
.
.
.
.
.
.
.
.
.
.
......
..............
812
792
659
836
Su W
a
.....................
.................
T102
.
INDEX.
Pager
315
167
...................
710
...........
...........
608
608
606
607
...
......
Beggars, mendicants and vagrants:
Section.
assembly may regulate. ........
. : ..........subd. 10, 49
commissioners of public charities, duty of ............. 662
lodgings to be provided by police board .
322
temporary care by commissioner of public charities.. 662 315
police to arrest street mendicants..
315 163
punishment for vagrancy ........
1707-711 333-337
Belladona, retail sales of, regulated ........
1516 715-716
Bells. (See Streets.)
Bellevue Hospital. (See Hospitals.)
Benzine, storage of .....
765 350
Benzole, storage of.......
765 350
Bible, use of, in public schools, ., ..........
1151 569
Bids. (See Contracts.)
Bills of exchange during epidemic. (See Commercial Paper.)
Birds :
song birds, etc., when not to be killed. ... .
1493 709-710
exceptions ......
1493
penalties for violating law.......
1493 710
how distributed ......
1493 710
Biniodide of mercury, retail sales regulated..........
1516 715-716
Births :
record of, kept by board of health ..
1240 607
of births not previously reported........
1241
changes on satisfactory proof........
1241
refusal to register reviewable on certiorari
609, a
registry of, kept by physicians and midwives....
1237
penalty for omission to make and report...
1239
record of, to be kept by register of records..
1179
report of, by relatives or friends..........
1237
penalty for omission.. ..
1239
for false reports. ............
1266
excuse may be accepted................
1239
statistics of, to be published annually...
transcripts from records .........
1241 608, 609
Bitter almonds, retail sales of essential oil of, regulated..... 1516 715, 716
Blackwell's island :
part of Manhattan borough.........
subd. 1, 2
*twenty-fourth assembly district ..
*eighteenth senatorial district....
seventh district of municipal court ......
.... .. .......
1360
*nineteenth ward ........
840
commissioner of public charities for Manhattan controls, 660 313
when penitentiary or workhouse transferred.......
696
work by inmates of correctional institutions............ 677 320, 321
Blasting powder. (See Explosives.)
Blin
annual appropriation for adult
..........subd. 8, 230
676
relatives of poor must support .......
683
Boards. (See Local Boards, Police Board.)
majority of members of, a quorum....
1541
may perform any act authorized .......
.....................
1541 729, 730
may choose president, treasurer and secretary .......... 1541
no expense incurred by, unless an appropriation for.. .. 1541
immaterial that appropriation has been used for other
purpose, the contractor may recover. .....
730, c
when no appropriation, contractor may have a personal
recovery against the official. .................
corporation counsel, the official adviser ....... .........
255
Board of aldermen. (See Municipal Assembly.)
Board of assessors. (See Assessments for Local Improve.
ments.)
Board of buildings. (See Buildings, Department of.)
Board of city magistrates. (See Magistrates' Courts.)
Board of docks. (See Docks. Department of.)
.............
137
..
................
660
......
329
t
.....
730, d
124
INDEX.
1103
Section
Page.
762
1268
1250
246
355
617
610
1036
Board of education. (See Education, Department of.)
Board of electrical control. (See Department of Public
Buildings.)
Board of estimate and apportionment. (See Estimate and
Apportionment, Board of.)
Board of health. (See Health, Department of.)
Board of public charities. (See Public Charities.)
Board of public improvements. (See Public Improvements.)
Board of revision. (See Assessments for Local Improve-
ments.)
Board of taxes and assessments. (See Taxes.)
Boarding-louses: (See Emigrants.)
fire regulations. ...
punishment for disobeying orders of board of health...
sickness in, to be reported ....
*deaths to be reported to public administrator...
Boatmen. (See Licenses.)
Boats and vessels. (See Vessels.)
Boilers. (See Steam Boilers.)
Bonds of city. (See Bridges, Buildings, Docks, Ferries, Mar-
kets, Parks, Public Buildings, Security, Sinking Fund,
Streets, Tunnels, Water Supply.)
amount of all bonds issued each year to be reported by
commissioners of accounts. .......
assessment bonds : (See Assessments for Local Improve-
ments, Sewers, Special Funds under Sinking Funds.)
brokers and agents may be employed to negotiate...
free from taxation, except State.....
not exceeding ten years' duration..........
er.......
issued by comptroller. ... ..
when authorized by board of estimate........
when collections from assessment are insufficient
o pay................ ...
195
169
181
.
.......
.......
.....
181
181
184
........
...
185
213
169
1hy
169
169
.
169
.
.
oy
.................
169
consolidated stock of former city, how paid .............
corporate stock : (See Assessments for Local Improve-
ments, Debt of City, Docks and Ferries, Health,
Special Funds under Sinking Fund, Streets, Water
Supply.)
defined ..
faith and credit of city pledged for...
form designated by comptroller .
sigped by comptroller and mayor.
yor...............
sealed with city seal...
attested by city clerk............
coupon form...
in sums not less than $500.......
convertible into registered bonds.. ...... ......,
payable in gold coin or currency ..
when redeemable.........
free from taxation, except State...........
interest not to exceed four per cent........
when payable.........
issued only to extent authorized by assembly and
board of estimate ...
for redemption of bonded debt...
issued by comptroller........
on concurrent vote of commissioners of sinking fund.
for not less than par
interest on all bonds, except revenue bonds, not to ex-
ceed four per centum
assessment bonds, not to exceed four per centum...
outstanding bonds may be taken up at maturity by other
bonds ........
........... .........
vote of board of estimate on . .....
preferred bonds and stock of former city, how paid.....
任任性性仍仍仍仍们心仍怕怕怕的99%
.
.
.
169
.
169
213
213
213
213
100
vull
....
169
181
118
235
235
214
...
118
100
I 104
INDEX.
Page.
182
...............
183
.....
183
171
802,
...........
......
187
.......
206
Bonds of city - Continued.
Section.
proposals for bonds or stock :
except revenue bonds........
182
purchases for investment by commissioners of
sinking fund ........... ................
ten days' public advertisement..... ........ ......
publicly opened.. ......
bidder to deposit certified check .......
sale for not less than par.....
assessment bonds, not less than par.....
181
to highest bidder. .......
.....
183
return of deposit to unsuccessful bidder..
refusal or neglect of bidder to take bonds. .
redemption by commissioners of sinking fund whenever
they deem it advantageous ........
(See Outstanding Bonds, supra.)
funds raised by sale of corporate stock .....
213
registered, to be in multiples of ten dollars ......
preference to applicants for...............
171
in comptroller's office ..................
172
coupon stock convertible into .....
172
revenue bonds : (See Special Funds under Sinking
Fund, Streets, State Taxes, Taxes )
*constitutional provisions respecting....
xiii
for expenses during 1898 .....
10
free from taxation, except State .......
169
interest, when payable ......
169
to pay special revenue bonds .......
not redeemable out of sinking fund.....
special revenue bonds : (See Buildings, City Magistrate,
Commissioner, Contagious Diseases, Debt, Expense,
Judgments, Pestilence, Police Justice, Funds for
opening, under Streets, Water Meters).
for purposes other than anticipating the annual tax
levy ............................ .............
redeemable out of tax levy of next succeeding year,
Bonds, official:
officers handling city money may be required by assem-
bly to give security
Bone-boiling establishment. (See Licenses.)
regulated......
1212
Bone burning, regulated....
1212
Bone grinding, regulated...
1212
Books for public offices :
commissioner of public buildings purchases ........ subd. 6, 573
furnishes on requisition of head of department... subd. 6, 573
Boroughs :
appropriations :
transfer from borough where to be expended to an-
other.......................................
461
boundaries to be marked by president of board of public
im prorements. ...
city divided into five ......
.................
The Bronx (post)
Brooklyn 66
Manhattan "
Queens "6
Richmond “
departments represented in board of public improvements:
branch offices may be established.................
457
and bureaus ............
458
deputy commissioner for several departments ...... 459
and chief engineer ........
459
employes may be transferred from borough to
borough by commissioner........
460
work to be executed in more than one borough.....
55
.............
C
1
-
442
........
461
INDEX.
1105
Section.
Page.
....................
410
..............
.....
410
383
383
195
195
202
202
196
196
196
195
195
195
195
195
196
382
...........
382
....
.........
Boroughs -- Continued.
president: (Bee Local Boards.)
elected at same time as mayor........
by voters of the borough.....
member of board of public improvemer
when he may vote........
office of, to be kept where assembly directs..
powers and duties generally.....
pro tempore, on protracted illness of president ...
removed by mayor ........
with approval of governor.
on charges.......
residence in borough required. .......
salary ....
secretary and other clerks appointed by...
salaries fixed by president ....
. (See Local Boards of Improvement.)
term of office, four years........
vacancy in office, filled by members of assembly:
representing the borough.
mayor calls meeting of members............
and presides...........................
has casting vote.................
public building in .......
deputies of administrative departments stationed in..
local boards meet in...........
Botanical garden :
maintenance of .....................................
city may take gifts for................................
Boulevards : (See Parks.)
included in term “street”.......... ..........
.....
196
382
195
195
195
195
382
382
382
382
385
385
394
195
196
196
199
613
609
294
291
462
1010
227
508
702
414
NODUN. • • • • • • • • • • • •
•
•
•
•
•
595
***** 22
600
1466
Boundaries; (See Assembly Districts, Boroughs, City of New
York, Senatorial Districts, Wards.)
Boxes. (See Obstructions under Streets.)
Brick boats, wharfage on...........
Bridge over East river. (See Bridges.)
Bridges. (See Maps, Water Supply.)
construction of:
assembly may provide for.....
and authorize loans or bonds..
board of estimate must first approve........
commissioner charged with................. subds. 4, 5, 595
East river bridge, construction of....
.... ...........
injuries to, misdemeanor .............
600
punishment ... ...... .........................
land for approaches :
damages for taking: (See Streets.)
paid out of fund for street openings......
174
no action lies against city....
174
title to:
board of public improvements, duty of ......... subd. 2, 415,
maintenance and repair:
annual appropriation for..........
230
commissioner charged with ............... subds. 4, 5, 595
New York and Brooklyn :
commissioner to control ...
. subd. 1, 595
engineers, officers and subordinates not affected by
consolidation ..
597
1536
fares on :
board of public improvements to prepare, ordi- .
dance regulating....... ............ subd. 12, 416
commissioner to collect ......
...... 3, 595
289
79
204
108
287
287
lation
................................
206
28%
70
1106
INDEX.
.................
96
287
450
223
46
287
287
202
14
226
.................
Bridges - Continued.
New York and Brooklyn - Continued.
Section.
jurisdiction :
courts of Manhattan and Brooklyn have concur.
rent..........
599
police force :
commissioner to have in charge ........
599
detailed by board of police ......
...............
314
former consolidated with city force..
273
powers of bridge trustees transferred to police
department.........................
276
properly used by ........
275
public highway.................
598
subject to tolls, etc..................
· 598
free passage for pedestrians ..........
598
railroad on:
commissioner to operate
.......... subd. 2, 595
traffic in :
ordinances regulating to be prepared by board
of public improvement ................. subd. 12, 416
trustees abolished, when ........
601
Bridges, department of: (See Boroughs.)
represented in board of public improvements .....
commissioner of bridges the head................subd. 6, 100
594
sole executive power vested in.......
appointed by the mayor ...............
6, 100
594
salary $7,500
594
member of board of public improvements...
410
and of board of aldermen...
annual report to mayor..
457
contracts executed by ........
457
duties of .....
457
jurisdiction..................................
devolution of powers of former boards......
601
daily reports and payments.......
596
ordinances of assembly to be obeyed by .
450
annual estimate of expenses and salaries .......
226
bureaus:
organized by commissioner .................
458
branch bureau in Brooklyn ........ ....... ...
and in other boroughs............
clerks and subordinates appointed by commissioner.
in boroughs, by deputy in charge .....
salaries ...............
deputy commissioners: (See Boroughs.)
appointed by commissioner .......
one at main office ...
452
one or more branch offices may be assigned to.. 452
designated by commissioner to exercise bis
powers ............
452
engineers: (See Boroughs.)
chief appointed by commissioner......
453
has power to appoint and remove assistants ....
more than one chief if board approves ........
duties prescribed by commissioner ..
454
qualifications of engineers ......
453
at branch offices, may be deputy commissioners, 453
consulting, may be appointed . .....
455
qualifications ...
main office in Manhattan borough. ...
451
unless board of public improvements changes.. 451
branch offices in other boroughs ......
451
Broadway:
contract for cleaning below Fourteenth street
226
226
595
287
289
........
458
458
...
15h
456
456
452
....
............
224
.....
224
224
*225
455
536
INDEX.
1107
Pages
159
304
...
..............
.............
126
Bronx, the borough of: (See Assembly Districts, City Clerk,
Corporation · Counsel, Courts, Education, Electricity,
Sepatorial Districts, Wards.)
Section.
territory of .......
. .. subd. 2, 2
elects one alderman from first and second assembly dis-
tricts of Westchester county.......
24 13
accounts from local improvements may be audited in
borough hall............
........... subd. 4, 151
assessment and arrears :
collector to have an office in borough.............
155
copy of assessment to be filed in....................
payable at borough office ........
157
171
auditors may be detailed to the borough hall ........ subd. 4, 151 67
buildings, branch office of department in borough...... 644
commissioner for Manhattan and The Bronx..
644 304
salary, $7,000 ..........
644 304
general powers under existing laws..........
646 305
appeal from decision to boards of examiners
649 308
board of examiners to hear appeals . .....
649 308
city clerk to appoint a deputy in.....,
32
commissioner of jurors appointed by mayor ......
118
coroners, two elected.........
1570 741
corporation counsel may have an office in..
257
bureau of street openings in law department....... 258 127
detectives :
branch office of, central office bureau may be estab-
lished in . ....................
290 : 142
elections :
branch bureau of, located in......
359 190
at police headquarters........
366 192
salary of chief of bureau ..
362 191
fire marshal to be appointed for Manhattan, Bronx and
Richmond ..............
366
devolution of powers of former...
779 366
health department offices......
1181 584
records for the borough ......
1181
registrar of records...
1190
local improvements :
accounts of, may be audited in
4, 151
maps of, as duly adopted, declared final ...
432 217
municipal courts, two districts....................
1359 659
assistant clerks in........
1373 667
park commissioner designated to.....,
291
branch office of board in Bronx...
607
291
police :
headquarters to be established for borough
166
trials to be in borough where officer is serving ..... 300 148
president of borough :
salary, $5,000 ....
382 195
public charities, department of :
commissioner designated to Manhattan and Bronx.. 659 312
salary, $7,500 .......
... .......
658
temporary designation.............
659
jurisdiction over Blackwell's island.......
660 313
branch office in borough........
658 312
deputy commissioner for Manhattan and Bronx.... 659. 312
additional deputies....
659
street improvements, commissioner of twenty-third and
twenty-fourth wards, abolisbed .....
526 257, 258
47779
585
588
68
..... Suba
607
312
312
............
..........
.....
312
taxes :
155
155
payable at borough office ..
receiver to have office in borough..........
taxes and assessments, department of:
branch office in borough.........
water supply:
contract with city of Yonkers ...
890
474
424
232
1108
INDEX.
Page.
· 474
60 De a
lien ..........................
.......
......
717
Bronx, the borough of - Continued.
water supply — Continued.
Section.
distribution of water ........
474
water rents.........................
474
to be a lien ....
.........
collectible as unpaid taxes ...
474
Bronx park (See New York Botanical Garden.)
Brooklyn borough: (See Assembly Districts, Courts, Educa-
tion,' Electricity, Senatorial Districts; Street Railways,
Wards.)
accounts from local improvements may be audited in
borough hall .........
..... subd. 4, 151
assessments and arrears :
collector to have an office in borough.....
155
copy of assessment to be filed in ...... ..........
159
payable at borough office...
.... .......
157
auditors :
may be detailed to borough hall ............... subd. 4, 151
city clerk to appoint clerk in.......
32
commissioner of buildings for borough .....
...... ......
644
salary, $7,000.....
644
general powers under existing laws...
646
branch office.......
...... 644
commissioner of correction:
deputy commissioner....
694
branch office in borough.......
694
coroners, two elected ....
1570
corporation counsel to have an office in ..
257
bureau of street openings in law department....... 258
corporation newspapers:
designation continued .................. .... 1526
advertisements and notices relating to borough oply, 1526 717,718
departments represented in board of public improve-
ments:
branch bureaus of, may be located in ........
458
detectives, branch office of central bureau ............
290
elections, branch bureau of, located in.................
at police headquarters............
366
salary of chief of bureau.....
fire commissioner, deputy, to manage department in
Brooklyn and Queens .....
and hear cases arising there .....
fire marshal:
one for Brooklyn and Queens ....
to maintain branch office of bureau .
to hear cases arising in borough..
1779
health department:
branch office.......
1181 584, 585
borough records ........................
1181
registrar of records......
1190
local improvements, accounts of, may be audited in
borough........
..........subd. 4, 151
maps of, duly adopted, declared final...............
municipal courts :
five districts......
two justices to be appointed by mayor in 1898... subd. 4, 1352
salary of justice $6,000..........
1355
assistant clerks....
1373
park commissioner designated to, with Queens borough, 607
branch office of board in Brooklyn.................
607
police headquarters or central station.................
320
deputy chief of police to be assigned to ...........,
320
telegraph, superintendent of .......
277
trials to be in borough where officer is serving .....
300
president of borough:
salary of, $5,000..
......
.....
362
US
.............
.............,
myng
727
...............
432
1361
..............
382
INDEX.
1109
29
..........
.............
1537
586
285
Brooklyn borough - Continued.
Section. Page.
public charities, department of:
branch office in borough.......
658 312
commissioner designated to Brooklyn and Queens... 658 312
salary, $7,500..................................
658 312
temporary designation............................
659 312
jurisdiction of ... .........................
660 313
deputy commissioners of for Brooklyn and Queens, 659 312
additional deputies.......
659 312
street railways to keep streets in repair as heretofore ... 21, 49
taxes:
receiver to have an office in..
155
payable at borough office ...
157
taxes and assesments, departinent of: .
branch office in borough....
890 424
territory included in.........
...........subd. 3, 2
3
Brooklyn bridge : (See Bridges.)
Brooklyn Central Dispensary, appropriation for...... subd. 22 (23), 230 114
Brooklyn, city of. (See Buildings, City Clerk, Correction
Debt, Education, Elections, Fire Department, Munici-
pal Assembly, Parks, Police Department, Property,
Public Buildings, Public Charities, Sewers, Sinking
Fund, Street Cleaning, Streets, Taxes, Water Supply.)
to cease January 1, 1898......
1615 753
franchises, etc. devolved on consolidated city.......... 1617 754
board of elections abolished ...
358 189, 190
employes retained ........
363 191
records transferred to police board ......
368 193
books, papers and records transferred .....
728
commissioners of electrical subways to deliver maps, etc.
commissioner of police and excise abolished.....
273 134
court officers continued.......................
1373 668
court of special sessions abolished.....
1393 674
justices' courts consolidated and reorganized...
1351 657
justices of the peace abolished ........
656
continued as justices of municipal court i...... subd. 1, 1352 657
maps of duly adopted, declared final...
432 217
marshals continued .......
1424 684
mayor's duty in transfers to consolidated city .......... 1536 726
in placing employes.....
1536 726, 727
orphan asylums and industrial schools to participate in
school moneys. .........
1154 570
police justices continued as city magistrates............ 1374 674
sanitary inspectors continued ...........
1185 587
steam boiler inspectors continued as part of police
department ..............
342 177
Brooklyn City Dispensary, appropriation for ........ subd. 22 (23), 230 114
Brooklyn Diet Dispensary, appropriation for. ........ subd. 22 (23), 230 114
Brooklyn Eastern District Dispensary and Hospital,
appropriation for .............................. subd. 22 (23), 230 114
Brooklyn Eastern District Homeopathic Dispensary,
appropriation for...............
........ subd. 22 (23), 230 114
Brooklyn Eclectic Dispensary, appropriation for.... subd. 22 (23), 230
Brooklyn Home for Aged Colored People, appropria-
tion for ..................................... subd. 22 (23), 230
Brooklyn Home for Consumptives, appropriation for, subd. 22 (23), 230
Brooklyn Homoeopathic Dispensary, appropriation
... subd. 22 (23), 230
Brooklyn Homeopathic Hospital, appropriation for, subd. 22 (23), 230
brooklyn Hospital, appropriation for .
subd. 22 (23), 230
Brooklyn Hospital Dispensary, appropriation for .... subd. 22 (23), 230
brooklyn Industrial School Association and Home for.
Destitute Children, appropriation for............. subd. 22 (23), 239 115
brooklyn Institute of Arts and Sciences to be main-
613 294
. contract continued with ............................
229

1350
.
.........
.....
for.
.....
HHHH
ग.AAIA
tained............
..............
................
624
ΙΙΙΟ
INDEX.
Page.
10
.............,
.......
....
383
196
108
805
Section.
Brooklyn Maternity, appropriation for............. subd. 22 (23), 230
Brooklyn Nursery and Infants' Hospital, appropria-
tion for.... ........................
..... subd. 22 (23), 230
Brooklyn Society for the Prevention of Cruelty to
Children, appropriation for .........
.... subd. 22 (23), 230
Brooklyn Throat Hospital, appropriation for ....... subd. 22 (23), 230
Brooklyn Training School and Home for Young Girls,
appropriation for ..
....... subd. 22 (23), 230
Budget:
for 1898.
annual :
based on departmental estimates ......
226 103
made by board of estimate.....
226 103
between October 1 and November 1.. ...............
226 . 103
no additions after this period: ......
105, 6
public hearing on, by board of estimate.
226 104
submitted to assembly in joint session..
226 104
powers and duties of assembly.........
226 104
veto by mayor....
... .......
226
finally signed by board of estimate.......
226
filed in office of comptroller and published......... 226
contains estimates of expenses for ensuing year ...
226
items included in :
American Museum of Natural History.... subd. 7 (2), 230
617
armories and drill rooms .................. subd. 6, 230
art commission's expenses ........
636
blind, relief of poor adult.......
......... subd. 8, 230 108
borough secretary and clerks, salaries of.....
bridges, their maintenance and repair...... subd. 14, 230
charities .............
................. subd. 22, 230 109–116
*not obligatory, by constitutional provision.. XV
City Record ..
1526 718
College of City of New York, trustees of... subd. 20, 230 109
1131
commissioners of accounts, salaries and ex-
penses ....
119
commissioners of jurors, expenses........... subd. 4, 230
contagious and infectious diseases, when neces-
sary ........
coroner, for scientific experts.....
3, 230
county charges......................
12, 230
departmental estimates....
103, 104
election expenses. .....
10, 230
19, 230
and of bureau of elections.. ............
191, 192
fund for street and park openings. .........
175
and revenue bonds issued on account of....
house of detention for witnesses ........
321 166, 167
janitors of district courts, salaries of...
16, 230
justices of supreme court........
11, 230
108
law journal, daily. .....
........ subd. 17, 230
law library ....
17, 230
magistrates' courts and board of city magistrates, 18, 230
meteorological and astronomical observatory..subd.7 (1), 230
617
Metropolitan Museum of Art.............subd. 7 (3), 230
municipal court expenses and salaries . .......
night medical service.........................
13, 230
Normal College.....................
21, 230
offices for departments represented in board of
public improvements..
451
parks, borough by borough. .................
617
236
367
175
108
n
...
109
.....
.........
1142
INDEX.
IIII
...
166
109
rico
107
95
105
229
.....
108
လုံ
107
310
DIJC TeCOTUS..........
...........
598
Budget - Continued.
annual -- items included in - Continued.
Section, Page.
police force:
increase of.
289 141
station houses, patrol wagons, etc., for .....
320
registry of voters, compilation and publication of,
relief of sick and destitute .......
315
streets, repairing and resurfacing ....
230
Seventh regiment armory, in lieu of rental. .... 230 107
sinking fund. .. ............................
206
and for deficiency in....................
228
107
under existing laws......
207 96
statistics, bureau of, expenses................. 138 62
surveys and maps in proceedings to open streets, 230 108
tenement-house fund...........
water supply, enlarging and extending.........
Buildings: (See Public Buildings, Sewers, Sidewalks, Slaugh-
ter Houses, Streets, Tenements, Vaults.)
applications for permits :
record to be kept, ....
652
books are public records.......
652 310
open to inspection...........
652 310
1545 735
when granted, copy furnished to department of
taxes .....
903 433
cellars and foundations :
breaking streets to dig, requires permit.........
525 256
powers of board of health over....
1214
dangerous to life or health:
powers of board of health.
1176 580, 581
expenses incurred, collection of.. ....
1176 581, 582
height of, to be regulated and restricted by municipal
assembly .........................
public hearing on proposal to regulate............
board of public improvements to approve ..........
ayes and noes to be taken on ordinance..........
majority vote only required to pass................
legitimate exercise of police power............
23, a
inspection by fire department :
all buildings may be entered.....
771 363, 364
780 367, 368
after a fire in or near...
1782 369, 370
changes may be ordered .........
364
780 368
penalty for disobedience.
1771 364
17173 365
fire marshal may do the work ..
.........
368
expense recovered........
...... ...................
780 368
fire marshal may report to owners. .......
781 368, 369
nuisances, when overcrowded, etc.
1229 605
regulations:
assembly has general power over.........
25
ordinances must originate with department con-
cerned ............... .....................
amendment by assembly of proposed ordinance for-
bidden ..................ñ.....................
building code to be adopted ......................
647
commission of experts may be appointed to prepare.
existing laws continued temporarily ......
power of board to vary provisions of law .......... 650
repairs by order of board of health.................... 1171
statistics of, to be published annually .........
137
unsafe:
expense necessarily incurred in condemping, pro-
vided by issue of special revenue bonds .... ...subd. 1, 188 86
22
BBS88
771
vu
..........................
780
hidd
306
647
647
309
578
61
III2
INDEX.
Section. Page.
1462 700, 701
1214
..
.!'
.....
....................
osoarer er or er er en la cocok
908
908
908
909
909
909
.......................
........
909
910
910
910
911
912
913
913
..............
COCO O
913
914
914
914
O
O
O
O
os os
........
CO
11
O11
Buildings — Continued.
windows, etc., penalty for breaking.......
yards, power of board of health over...
*Buildings : statutory provisions in former city of Brooklyn :
*department of buildings ......
*construction and alteration of buildings.
*materials for walls...
*excavations .............
*foundations.............
*piles............
*crib footings...
*foundation walls..............
*base courses ................
*inverted arches ........
*headers in stone walls.
*vaults under sidewalks .......
*areas.....................
*walls for dwelling houses ....
*partition walls......
*walls for warehouses.....
*for public buildings ...
*for one-story brick buildings..
*curtain walls .....
*walls and piers....................
*stone walls, piers, etc ......
*faced brick bearing walls.
*ashlar .........................
*existing party walls.....
*walls bonded or anchored.
*mortar....
*hollow walls ..........
.............
*parapet walls.....
*recesses for stairs and elevators ..
*furred walls....
*brick work.
*brick and sand.
*mortar and concrete.
*light and vent shafts ......
*cellar ceilings.....
*arches and lintels.....
*measurement of height of walls.
*hollow tile partition walls ..
*cellar partitions......
*main stud partitions.....
*strength of floors.....
*vertical supports .....
computation for strength of materials. ..........
*strength for columns...
for wooden beams......
*factors of safety.....
*safe load on earth.....
*weights of materials......
*safe load on brick work.
*strength of temporary supports.
*loads on floors ........
*fire-proof buildings.....
*iron or steel construction......
*fire-proof arches in floors ..
*iron lintels .......
*party and intermediate posts..
*plates under ends of lintels .....
*iron girders, lintels and beams .....
*double columns ....
*thickness and length of iron and steel columns....
*bearing and connections of columos......
*columns and girders for curtain walls.
916
.........
13
916
..............
917
917
917
917
917
918
918
........................
918
918
919
919
919
919
920
920
GorororororA HA HA HA HA HA HA HA HA HA HA
S....,......
ܝܕ ܢ ܢܙ
ܢܙ ܢܙ ܝ
923
923
............................
Or Or Tor
INDEX.
1113
Section.
Page.
S...............
925
925
926
926
927
928
928
929
929
930
930
931
931
932
932
...........
932
932
933
934
934
Buildings - Continued.
*fire-proof buildings — Continued.
*iron fronts............
*jron or steel beams or plate girders.
*loads and strains......
*beams, girders or lintels to be tested..
*wooden beams ..........
*trimmer arches...........
*anchoring beams, girders and piers....
*fireplaces, chimneys and smoke flues...
*stove-pipes .....
*chimneys...............
*steam-pipes .......
*furnaces and registers.....
*gas, water or other pipes.......
*electric wires...................
*gas brackets ...........
*notice to be given before putting in heating appa-
ratus.............
*fire-proof doors and shutters....
*elevators and hoist ways....
*inspection and running of elevators....
*hotel elevators........
*mansard roofs.........
*cornices ................
*bulkheads and roof-tanks.
· *roofing..
*scuttles and bulkheads ...
*leaders ..........
*fire limits ...........
*alteration of building ................
*frame buildings.......
*when damaged.................
.......................
*fire escapes ....
...........
*scuttles and bulkheads ..
*public buildings .......
*theatres .........
*plans and statements...
*ordinary repairs ...
.................................
*power of commissioner ...
*violations and penalties. ....
*courts having jurisdiction ......
*legal remedies..
*lis pendens.......
*service of notices......
*failure to comply with notice ....
*unsafe structures ..
934
934
934
935
935
935
935–937
.1
937
..............
938
938
939
940
940
941-943
949
950
950
950
951
951
952
953
956
954-956
956
956
956
949
949
957
957
958
958
958
959
44 959, 960
960
960
960
960
961
*vacating buildings........
*duty and liability of lessee or occupant..
*rescue of persons from ruins ....
*immediate danger of falling.........
*commissioner's duties ...
*inspectors ................
*corporation counsel's duties.........
*right of officers to enter ...........
*investigation of violations of law.
*combustible matters .
*storage of in dwellings.....
*tenement and lodging-houses .......
*ventilation. ........
*roofs and stairs..........
*sanitary requirements ......
*occupancy of cellars or underground rooms...
*underground lodging rooms ...............
*garbage receptacles .......
962
962
I114
INDEX.
Page.
............................
963
......................................
966
968
472
...............
*Buildings – Continued.
*tenement and lodging-houses — Continued.
Section.
*to be kept clean.........
963
*health officers to have free access ......,
963
*to prevent spread of contagious diseases
*health commissioner may pacate................
*open space on same lot .......................
*ceilings .......................
*open fire-places ............
............................
*definitions ......
*cellars and ventilation ....
*ash holes and ash-houses...
*authority of officers to inspect.......
967
*Buildings : statutory provisions in former city of Long
Island City.
*ordinances, regulating, to be adopted.....
967
*exception, of repairs and additions to wooden buildings,
968
*penalties . ........................................
*Buildings, statutory provisions in former city of New
York :
*buildings to be constructed and repaired in conformity
with law ...................
471
*walls — generally .............................
*foundation walls ........
473
*excavations to be properly guarded........
473
*excavation below ten feet. Party-walls ...
474 855, 856
*common-law liability for excavations. ....
856, a
*party liable must be afforded necessary li-
cense...
..............
856, 6
*revocation of license, effect.....
856,6
857, à
*duty to support adjoining wall does not
cease at completion of excavation.....
857, e
*permission to enter on adjoining land.....
857, f
*excavation by contractor does not relieve
owner .........................
857,9
*not applicable to excavations under direc-
tion of municipal authorities. ....
*vaults under sidewalks ..
475 857
*thickness of walls.......
476 857-459
*walls of warehouses, stores and factories, churches.
theatres, etc....
477 859, 860
*piers and buttresses.....
478 850-862
*bonding walls..
478 860-862
*height and width, how measured...
482
865
*mortar, brick, etc. Recesses for water, etc .......
479 862, 863
*iron girders, strain and weight on ........
486 871, 872
*inspection and tests .............
487
872
*iron lintels to have bearings proportionate to weight, 485 869-871
*openings for doors and windows........
481
*fireproof doors, blinds, etc., hoistways, elevators ....... 491, 492 877-879
*owners to provide batchway with suitable railing
and trap-door ..........
872, a
*duty is owed to everyone lawfully on premises....
872,
*where number of tenants, duty falls on owner.....
872,
*chimneys, smoke and stove pipes, hot-air pipes, etc....
489 874, 875
*steam pipes, brick hot-air furnaces, registers, gas
brackets, gas pipes, etc.........
490 875-877
*wooden beams, floor beams, trimmers and leaders.....
488 873, 874
*strength of floors, columns, posts, beams, etc.
483 866, 868
*buildings over seventy feet high to be fireproof, stairs,
partitions, ceilings, etc., therein ..
.......
857, 1
................
...............
865
484 868, 869
*dwellings, etc., five stories high. ..........
*cornices and gutters ............
493
*applicable to buildings erected before or after pas.
sage of act...........
879, a
863-865
INDEX.
1115
Section. Page.
494 879, 380
495 880, 881
881, a
881, 6
496 881, 882
497 882
498 882, 883
884, 6
884, c-e
885, f
.........................
499 883, 884
499 883, 884
884, a
500 885–892
........,
.......
..
...
*Buildings, statutory provisions in former city of New York-
Continued.
*cornices and gutters - Continued.
*roofs and skylights..............................
*frame buildings ................................
*permit to erect within fire limits is void ........
*adjoining owner must show special damage, to re-
strain erection .....
*raising peaked roofs. Enlarging and moving buildings,
*wooden buildings damaged one-half by fire may be re-
paired or rebuilt ...
raising and altering buildings....
fire escapes ......
*act is constitutional ....
*owner's duty and liabiiity ......
*rope act............
*halls, passage-ways and aisles in theatres and public
buildings, etc.; how to be constructed......
*isles in theatres, etc., to be clear of seats and persons
standing .......
*provision to be literally construed ...,
*theatres, construction of .........
*plumbing and drainage to be in accordance with rules of
board of health...
*bodies under fallen buildings, recovery of ............
*plans for, to be submitted........
....
*mode of, and material used in, may be passed upon by
superintendent of buildings....
*deviation from requirements of law, when and how
permitted.........
*provisions establishing board of examiners con-
stitutional........
*permission to allow “an equally good or more
desirable form of construction”.........
*refusal to exercise power given to modify
statute cannot be reversed by board .....
*city not estopped by its lease containing pro-
visions in violation of building law, ... ...
*determination of board of examiners ; when can-
not be reviewed .......
*fire department not estopped to enforce build
ing law against lessee of wharf.......
*penalties for violation of provisions respecting.........
*proceedings to enforce..
*form and contents of notice under this section.....
*no penalty for non-compliance with plans pot re-
quired by law.......
*no defense that inspector permitted.........
*jurisdiction of courts in proceedings to enforce or for re-
covery of penalties.......
*injunction should only restrain violation and not
all work ........
*lien of judgment subject to prior liens.... .......
*notices of violations......
...........
*punishment of non-compliance with notice.......
*unsafe buildings :
*notice to owners, etc......
*corporation not responsible for acts or omissions
of department in removing structures, etc..
*assent to removal. Surveys and reports. Posting
copy of report................
*preliminary notice and survey, foundation of
proceeding..............
*proceedings on report. ..............
*owner to be allowed to perform .......
*may perforın requirements of precept......
501 892, 893
502 893
503 893, 894
504 894, 895
504 894, 895
895, a
895, 6
896, c
896, a
896, e
...
252, c
505 896, 897
505-506 896-898
897, a
897, 5
897, c
506 '897, 899
.
........
899, a
899, 6
507 899, 900
508
900
509
900
900, a
510 900, 901
901, a
901-903
511
512
903
513 903, 904
1116
INDEX.
*Buildings, statutory provisions in former city of New York –
Continued.
*unsafe buildings - Continued.
*fire department to enforce building law.........
*proceedings against, to be conducted by attorney to
fire department ......
*to be reported monthly to board of fire under-
writers.............................
*may be entered by officers acting under provisions as to
construction of buildings and unsafe buildings...
Buildings, department of: (See Docks.)
board of buildings, the head...
Section. Page.
514 904, 905
515 905
517
516 905, 906
102
644
650
power to vary provisions of law..
commissioners:
number and term of office
...................
304
102
644
102
644
644
644
644
648
646
649
649
649
649
649
649
306
307, 308
308
308
appointed by mayor.
qualifications of.......
boroughs to be specified in appointment........
salaries............
administrative powers............................
general powers under existing laws................
decision on mode of construction, etc..............
appeal from to board ..........
except in Manhattan and Bronx....
amount involved to exceed one thousand dollars.
appeal to be taken within ten days .....
procedure on appeal.....
decision to be final ...
president of board:
designated by mayor ........
member of board of aldermen.
secretary:
board appoints ..
accounts to be kept ..............................
monthly statements to comptroller ................
annual estimate of expenses and salaries ..........
308
308.
-
644
m
en ..........
....
25
309
645 305
651
651 309, 310
226
651
651
651
104
310
310
648
644
...................
644
644
645
645
appropriations not to be diverted.......
expenses not to exceed appropriation .. ......
inspectors:
commissioners appoint and remove ...
qualifications ....
offices:
principal in Manhattan.. .
branch office in Brooklyn....
and in other boroughs
rules and regulations:
board to establish ..
uniform in all boroughs .....................
subordinate officers:
board appoints ........
within limit of appropriation ...............
commissioner appoints, in boroughs.........
within limits of appropriation .....
forbidden to engage in certain occupations ...
punishments ......
superintendents:
commissioner appoints and removes ..........
qualifications ...
commissioner may designate one to exercise his
powers .....
appoint to perform particular duty........
305
307
645
645
648
648
648
648
307
307
..
...........
648
648
.....................
648
648
INDEX.
1117
Page.
7731
731
731
1731
Bureaus:
Section.
consolidated by head of department .......
1543
board of estimate to consent .....
1543
duties changed by head of department..
1543
for receiving taxes, assessments and arrears in one office, 1543
Burning fluid, storage of ......
765
769
Bushwick Hospital, appropriation to...... .........subd. 22 (23), 230
Bushwick and East Brooklyn Dispensary, appropriation to ..
subd. 22 (23), 220
360
362
115
115
854
...............
...........
.....
...........
861
Cabman (See Licenses.)
Calves, driving and slaughtering regulated........
1227 604
Camphene, storage of . ...... ........ ..............
765 360
769 362
Canal boats :
accommodation for.........
409
at piers for recreation....
837 402
a police regulation...........
410, a
not to be used otherwise........
826 398
542 266
1205 595
additional accommodation...
865 416
derricks for unloading . ..........................
855 410
removal of intruding vessels.....
856,857 410,411
penalties....
856,857 410, 411
866 416
wharf room not to be restricted......
825 396
wharfage rates.
414
limited........
825 396
Carbolic acid, retail sales of, regulated ..
1516 715,716
Cantharides, retail sales of, regulated ..
1516 1715, 716
Car drivers. (See Licenses.)
Care of offices. (See Public Buildings.)
Cargo. (See Vessels.)
Carriages. (See Hacks and Hackmen.)
Carriage hire :
for aldermen engaged on public duty ......
211, 6
Cars. (See Streets, Traffic in.)
Cartage (See Firewood, Coal, Hay and Straw.)
Carts. (See Obstructions under Streets.)
Cartmen (public). (See Licenses.)
assembly has power to license.....
construction of regulations.......
32, c
police have supervision .....
316 163
Cartridges, manufacture and storage of .... ................
764 358, 359
Castleton :
town of, abolished.......
1579 743
territory forms ward one of borough of Richmond.... 1580 743
Cattle, driving and slaugbtering regulated.....
1227 604
Cellars. (See Buildings, Tenements.)
Cellarways. (See Streets, Obstructions in.)
Certified checks. (See Proposals under Bonds.)
Central Homeopathic Dispensary :
appropriation to........
......... subd. 22 (23), 230 114
Central Throat Hospital and Polyclinic Dispensary :
appropriation to.. .....
115
..................22 (23), 230
Cesspools licensed by commissioner of sewers........
556
272
Chamberlain. (See Finance, Department of.)
Charitable institutions, Private : (See Charities.)
annual appropriations for support of poor in.........subd. 22, 230 109–116
appropriations of excise money to ........
240 120
certain schools in, to participate in school fund......... 1152 569
1154
se...................... SU DO
Subd
...
.....
570
I118
INDEX.
XV
..
...
...................
1613
751
751
Charities, private. (See Public Charities.)
Section. Page.
*charitable institutions, constitutional provisions re-
specting :
*appropriations may be made to .......
IV 805
*subject to rules of state board of charities.....
805
*intended to make appropriations permissible
805, a
*section not retrospective....
805, 6
*inmates may be supported ..
XV
*state board of charities to be created ...........
xiv
*duties of .........
xiy .
Charter of city :
short title...
to take effect January first, 1898..
1611 751, 752
interregnum prevented ..
except as otherwise provided.....
1611
general act........
1620 754, 755
construction of act....
1620
invalidity of one section not to affect any other..... 1612
continuation of Consolidation Act, so far as sąme.. 1608 750, 761
no repeal of previous laws by mere omission to
mention ........
1609
former laws extended to whole city....................
1610
subject to alteration by legislature....................
3, a
how amended by legislature..........................
1618 754
Charters, royal and colonial :
franchises and grants in, not affected.
1617 754
*Cornbury charter ......
......... .......
1050
*Dongan charter..............
1038
*Montgomerie charter ..
............
1054
*Nicholls charter......
1037
Children :
arrest, notice to be given of ...........
665 316-317
commitment. .... ..............................
667 317, 318
existing laws continued.............
668 318
hearing on arrest...... . ..........
665
indenture, discharge, etc., by commissioner of charities, 664 316
instructions in public institutions...
663
698 329, 330
separation of destitute and criminal, by commissioner of
charities..........................................
663
by commissioner of corrections.................... 698
Children's Aid Society :
appropriation for................................... subd. 7, 230
110
industrial schools of, to participate in school funds.....
property of, exempt from taxation.....
439
Children's Fold, appropriation for.....
..........subd. 5, 230
Chimneys, stove pipes and fiues :
penalty for allowing to take fire
........
760
Chloroform, retail sales of, regulated ......
1516
Chloral hydrate, retail sales of, regulated ...
1516 715, 716
Church Charity Foundation of Long Island, appropriation
to...........
.......subd. 22 (23), 230 115
Churches, when exempt from taxation.....
904
434
UuaruCI............
.
.
..
.
.
...
.
.
.
.
...
.
317
316
316
1152
569
110
715,
436,7
762
fire regulations.....
Cinders not to be thrown into harbor.....
880
nor into streets........
1456
Circus. (See License.)
Cisterns :
assembly may regulate ......
.......... subd. 17, 49
ordinances to be prepared by board of public improve-
ments ........................
6, 416
licensed by commissioner of sewers........
City clerk: (See Auctioneers, Bonds, City Record, Commercial
Paper, Courts. Harlem River, Leases. Marshals, Ordinances,
Pharmacy, Public Improvements, Streets, Taxes.)
556
INDEX.
1119
Section.
Page.
28
15
28
City clerk - Continued.
appointed by council .........................
term of office ....
salary, $7,000.
allowance of additional sum illegal .....
duties of
....
....
.......
.......
i, ii
O
1, 2
442
OONO *
oco 22092
149
1536 726, 727
removal of........
clerk for board of aldermen appointed by .....
first deputy to act, when absent ......
deputy in each borough appointed by ........
custodian of records and papers ...........
deputies and clerks appointed by...........
salaries restricted .......
all records and papers of consolidated corporations to
be delivered to....
City of New York: (See Actions Against City ; Charter;
New York, City of.)
history of consolidation.. ......
i-xlv
act of 1890, creating commission of inquiry.....
act of 1894, submitting to popular vote........
ii-iv
act of 1896, creating commission to draft charter ...
V-vii
report of committee on draft....
viii-xxiii
of commission ..... ....
xxiii-xliv
boundaries of .........
president of board of public improvement to mark..
coporate name and powers......
devolution of powers on ................
corporations consolidated.........
effect of consolidating only part of corporation.....
fiscal concerns in control of finance department.........
liabilities continued...........
method of transferring property, records, etc., of con-
solidated corporations.........
rights, property, etc., vested in .............
no right lost by laches of corporation counsel .. ..
claims and demands vested in. .......
successor of rights, obligations and liabilities of consoli-
dated municipalities......
1614 752, 753
1615 753
no forfeiture of privileges or loss of property ...... 1616 753, 754
no franchises or rights affected....
1617 754
City. Magistrates : (See Courts.)
paid expenses of successful litigation ........... ... subd. 2, 188 86
231 116
special revenue bonds to be issued ................. subd. 2, 188 86
City prison: (See Jails.)
commitment to:
for non-payment of fines ...................... subd. 2, 707
333
transfer to, from work house, etc .......
712
City Record : (See Public Administrator.)
publication under contract .......
1526
board of ..... ........
1526
..
supervisor of, and assistants, appointment of...
1526 :718
salaries of ... ... ...
1526 71.9
expenses of, except salaries, covered by contract ..
1526
board of estimate to provide for... ...........
1526 718
contract for, to be made as other contracts .............
1526 718
distribution of copies.... .................
1526
sale of ... ................... ....... .. ..
1526 718
bound copies of, to be deposited in register's office by
comptroller .......
1526 718
contents ....
....... .. ....... .... .. ........
1718
.......
1526
all advertising to be, with certain exceptions ......
1523 718
1559 740
0
Bosco 2002
er
..........
337
1717
718
.................
1718
1718
I120
INDEX.
....
..........
....
..
........
....
1029
......
..
.......
**•• •...........
226
City Record — Continued.
contents — Continued.
Section. Page.
special laws must be followed ..........
no payment of illegal advertising ....
1526 718
heads of departments to furnish information .....
1528
· 721
official matters inserted in:
appointments and removals ....
1546 735, 736
arrears, notice of sale for ....
1027
and of postponement ...........
assembly, brief extracts of proceedings, etc.
29
special meetings .....
assessment for taxes, opening for revision ....
892
and of hearing in borough...
898
assessment for local improvement:
notice of completion ............
950
or change of grade ........ ............. 951
budget, annual ............
bureau for recovery of penalties, collections, etc., by, 259
condemnation proceedings :
notice of application for commissioners ...
1437
of report of commissioners
1440 689, 690
contracts, advertisements for bids..
acus, advertisements for pias.................
419
correction, department of, for bids.....
704
courts :
places for holding city . ................
and of regular sessions .......................
1528 722
departments, weekly reports ......................
1546
deputy comptroller, cause for removal. .....
150
employes not in any department, schedule of
234
in dock department, annual statement of....... 831 400
in all departments. ..........
1528 721
elections, detailed canvass of votes at ......
1528 1722
financial statement, two months prior to election....
franchises, proceedings prior to granting. .......
74
for street railway ....
16,
garbage regulations.
.......... subd. 2, 534
improvement, petition to local board for....
400
land unclaimed, when city improves... ....... 1035 518
map of city, change in......
436
land for water supply, adoption of ............ 486
mayor :
may order official matter published.....
1528
messages of, in full ....
29
number of separate copies ...................
1528
quarterly accounts of office...
117
office hours for public business..........
and location of public offices...
1528
ordinances and resolutions.............
******* **an bisa ***************
53
66
118
161
................
...................,
1528
ces...
..............
284
139
172
289
334
1528
675
................
· 722
320
1041
park department, for bids .....
police, applicants for appointment on force ....
appointments on . ......
......................
property in possession of ........ ..
plumbers, list of, registered ....
public charities, department of, for bids... .....
redemption of land sold for arrears ................
registry of voters :
re-arranged and printed within one hundred and
eight hours...........
in each assembly district in separate supplement,
price of each supplement ...
reports of departments and officers, in full.........
salaries, changes in. ... .........
sales of school property ............
719,
1527
1527
1527
29
1546
223
736
................
103
265
of street cleaning plant .... ..
at storage yards...... .....
541
545
268-269
DEX.
I I21
THER SERIESSEE ******
914
447
..........
513
.....
....
is
800, c
799, a
....................
City Record - Continued.
official matters inserted in - Continued.
Section. Page.
sanitary code, revision of.....
1172 579
street cleaning department, for bids ........
541 265
street opening:
general provisions......
1008 507
application for commissioners ..
973 476
notice to appear..........
978 480
of presentation of report...
981 484
of taxation of costs......
999 501
of confirmation of assessment. ........... 1005 506
1018 510
taxes, notice to pay
445
918 446,447
919
transfers of property, etc. on organization of depart-
ments, January 1, 1898.... .......
1546 736
unclaimed merchandise removed from docks ....... 853 409
water commissioner's monthly report to comptroller,
abstract of........
...................
252
water supply:
notice of application for commissioners............ 491 241
495 243
of presentation of report..................... 498 245
*Civil service: *(See Veterans.)
*constitutional provision....
799
*examinations, legislature has no arbitrary discretion
as to ..........
*amount of salary no criterion..
800, 1
*legislation required to carry into effect.
*existing law operative....
799, a
*legislature can only enforce...
800, 6
Civil service, municipal. (Šee Salaries, Veterans.)
history of .............
53, 6
city officials to comply with rules ....
aid in enforcing........
125
classification, if improper, is voidable, but not void
mandamus, appropriate remedy.........
commissioners of, appointed by mayor. ..............
number of......
no salary . ............
secretary, examiners and other subordinates....... 125
duties of, generally ........
123
also to report to state civil service commission......
to be published in annual report of state com-
mission
former continued until new appointed.......
125
annual statement by board of docks of employes...
· 400
firemen not to be deprived of any existing right .
125 56
officials of consolidated corporations preferred.. .
1536 727, 728
opinions or affiliations, political or religious, of appli-
capts, not to be inquired about............... subd. 2, 124
nor influence appointments . ................. subd. 2, 124
police forve, not to be deprived of existing rights....... 125
probation before absolute appointment .......... subd. 3, 304
promotion by seniority and by merit and excellence... subd. 4, 304 157
regulations for examination of applicants.......
125
..............
123
123
125
125
56
831
******** ***** *233**********
54
56
157
156
304
to be construed in same manner as statutes........
construction of particular regulations... .....
former continued until changed .........
to provide for classification of offices . ........
examinations ......... ..................
: exceptions ....................
to be practical and a fair test ..........
of laborers .....................
bd.
Fଉଁ
71
I 122
INDEX.
...........
0
QUA
20,6
149
.................
.........
Civil service, municipal - Continued.
promotion by seniority, etc. — classification of offices —
examinations - Continued.
Section. - Page,
determination as to fitness of candidates can-
not be questioned collaterally . .........
55, a
constitutional provision requires legislation
to put it in effect..........
55, 6
matter of law whether competitive examina-
tion is practicable .... ......
when court will not interfere ...
name of candidate not to be taken off of
eligible list for mistake made ....
defects in answers must be shown by board
on certiorari......
filling vacancies subject to competitive
examinations ......... .........subd. 3, 124
(But see Veterans.)
probation in office ......
promotion by merit and seniority .....
Claims against the city. (See Actions, Brooklyn, The Bronx,
Contracts, Debt, Finance Department, Manhattan, Rich-
mond, Salaries, Wages.)
assembly has no power to adjust ..
claimants may be sworn and examined.. ..........
149
comptroller settles ............................
149
effect of his settlement ........
this section does not relate to claims ex delicto.....
mandamus will not lie, to compel payment.......
action must be brought against the city.....
auditing bureau to certify reasons for allowance...subd. 4, 151
audit does not bar recovery of larger sum....
Clam boats. (See Oyster Boats.)
Cleaning public offices. (See Public Buildings.)
Cleaning streets. (See Streets.)
Clergymen. (See Marriages.)
Clerk of city. (See City Clerk.)
Clerks of counties :
*constitutional provisions respecting.......
xvi 805, 806
Clinton Hall Association, exempt from taxation...
438, 10
Coal; (See Scalpers in Coal Freights.)
assembly may provide for inspection, weighing and
measuring....................................... subd. 2, 49 2 2
and cartage ............................
such ordinances are valid ............................
30, a
Coal oil. (See Petroleum.)
Colchicum, retail sales of, regulated.....
1516 715, 716
Collector of assessments and arrears. (See Assessments and
Arrears.)
Collector of city revenue. (See Finance, Department of.)
College of City of New York. (See Education, Department of.)
College of pharmacy :
members of, to elect board of pharmacy .........
penalties paid to .......
1519
Colonial charters. (See Charters, Royal and Colonial.)
Columbia College :
exempt from taxation ................................
438, 1
streets not to be opened through .....................
972 476
Collodion, manufacture and storage of..... .......
Combustibles, bureau of. (See Fire Department.)
Combustibles and explosive materials. (See Fire Depart-
ment.)
Commerce. (See Lands Under Water.)
Commercial paper during epidenric :
city clerk to register names in infected districts........ 1499
registry of places for presenting paper........
presentation of commercial paper .......
..... 1501, 1502
2, 49
la
1513
0714
717
..........
764 358, 359
1500 710, 711
INDEX.
1123
Page:
.....
......
119
...........
......
52
52
52
....................
......
52,0
19
.......
...............
.
..........
Commercial paper during epidemic-Continued.
Section.
notice of protest mailed, if no registry .......
1503 711, 712
proclamation of subsidence of epidemic...
1504 1712
Commissioner: (See Art Commission.)
any, when successful litigant, allowed expenses........ 231 116
paid out of proceeds of special revenue bonds....... subd. 2, 188
Commissioners of accounts : (See Bastardy Cases, Bonds,
Chamberlain, Debt, Parks.)
not the same as auditing bureau of finance department.
(See under Finance, Department of.)
appointed by mayor........
119
removed by mayor............
53, c
number of.......
119 52
duty of........
special examinations by......
119
mayor may direct ........
.......... ...............
119
appropriation for necessary assistance ..
119
report to mayor a detailed and classified statement of
city's financial condition....
119 52
report result of special examination to mayor and assem-
bly............................ ................. 119
also annual examination of treasury.........
195
power to compel attendance of witnesses...............
119
power of court to commit witnesses for contempt...... 119
administer oaths ....
119
examine such persons as they may deem necessary, 119
salaries, $5,000 each....
.......
Commissioners of bridges. (See Bridges, Department of.)
Commissioner of correction. (See Correction, Department of.)
Commissioner of deeds ;
appointed by board of alderman ....
for two years .......
fee to city clerk ........
commissioner of deeds clerk appointed by city clerk....
oath of office to be taken ....
Commissioners of estimate and assessment. (See Streets,
Opening of.)
Commissioners for acquiring title to lands for water supply.
(See Water Supply.)
Commissioner of highways. (See Highways, Department of.)
Commissioner of public buildings. (See Public Buildings,
Department of.)
Commissioner of public works. (See Public Works, Depart-
ment of.)
Commissioner of sewers. (See Sewers, Department of.)
Commissioners of sinking fund. (See Sinking Fund.)
Commissioner of street cleaning. (See Street Cleaning, De-
partment of.)
Commissioner of street improvements in twenty-third and
twenty-fourth wards, office abolished......
526 257, 258
powers devolved on commissioners of highways........
526 258
and of sewers .......
565 276
Commissioner of water supply. (See Water Supply, Depart-
ment of.)
Comptroller. (See under Finance Department.)
Concourse included in term “street.”....
462 227
1010 508
1466 - 702
Condemnation proceedings. (See Buildings, Docks, Educa-
tion, Fires, Streets, Sewers, Water Supply.)
corporation counsel to have charge of. ......
255 124
substantial requirement................
125, h
I proceedings in court for acquisition of land............ 1435–1447 686-694
exception of land for parks, sewers, streets, water
supply or wharves...........
1448 694, 695
absent owners, how paid awards to....
1441 690, 691
................
1124
INDEX.
688
692
693
.........
.....
687
690
688
691
693
691
Condemnation proceedings — Continued.
proceedings in court for acquisition of land — Continued. Section. Page.
amendments and adding parties..
1445 693, 694
appeals :
to appellate division, supreme court.
1442 692
to court of appeals.......
1442 692
stay proceedings only as to particular parcels... 1442 692
contracts, covenants, etc., relating to land taken :
discharged at vesting of title in city........... 1438
1439 689
commissioners of estimate ;
appointed by special term of supreme court... 1437 687
filling vacancies........
1443
removal of commissioners........,
1445
powers and duties of commissioners........
1444 693
1437
rehearing before filing report..........
1440
report and action of court .....
1438
on new appraisal....
1442 392
contents of report......
1441
reference back by court......
1438 688
1442 692
to new commissioners......
1438 688
1442 692
corporation counsel to represent city.........
1446 694
255 124
expenses of proceedings :
to be taxed and allowed by court.........
1444
1447 694
included in report...
1441
infant owners, how paid awards........
1441 690, 691
interest on awards :
from confirmation of report.........
1440 690
when land taken under four months' notice, 1439
leases :
discharged at vesting of title in city.
1438
1439
separate awards to lessor and lessee.....
1441
maps to be prepared by department interested...... 1436 686, 687
where filed
1436
686
notices :
of application for commissioners...............
1438
of report of commissioners.......
1440 689, 690
payment:
within two months after confirmation of report. 1440 690
action will lie for non-payment.
1440
where adverse claimants to award............. 1441
fund for payment ....
1447
possession taken by city:
on final confirmation of report........
1438
when four months after filing of commissioners'
oaths..
1439
surveys, right of entry to make..........
1436
title vested in city :
on final confirmation of report.......
1438
when four months after filing of oaths of com-
missioners ..........
1439
unknown owners, etc.:
awards to......
....................
1438 687, 688
how paid........
1441 690, 691
Conium, retail sales of, regulated........
1516 715, 716
Consolidation act of July 1, 1882:
continued so far as consistent with charter ............
1608 750, 751
extended to whole city, when not locally inapplicable... 1610
inconsistent provisions repealed.......
1608
mere omission to mention, no repeal...
1609
689
.
690
691
694
INDEX.
1125
xiii
iv
*Constitution of New York: (See Assembly Districts, Charities, Section. Page.
Civil Service, Claims Against the City, Courts, Counties,
Debt of City, District Court Justices, Jails, Justices of the
Peace, Lunatics, Officers of the City, Senatorial Districts,
Supervisors.)
*gifts by counties, cities, towns or villages......
802
*aid or support of poor not prevented..............
xiii 802
*through private corporations..................
802, a
*local bills. (See Private and Local Bills herein.)
*local purposes:
*appropriations require assent of two-thirds of mem-
bers elected in each branch.......
798
*local purpose defined ....
798, 6
*public money or property of state defined.....
798, C
*no limitation on legislature to tax locality. .......
798, a
*Private and local bills :
*one subject only embraced in each..
795
*title to express subject .......
795
*designed to give notice..........
795, a
*subject must be fairly suggested ........
795, 6
*cases on construction of provisions cited ..........
1796, i
*defined :
*no definite rule.....
795, c
*not by exemption of certain localities. ........
795, a
*not because only applicable to one or two cities
795, e
*public acts directly relating to local matters...
796,
*general provision may be inserted in.........
796, f
*forbidden upon certain enumerated subjects.......
796
*cities :
*classified by population.
xix 808, 809
*laws relating to :
*general, relate to one or more classes...... xix 808, 809
*special, to one city....
....... .............
xix 809
*or less than a class..........
xix 809
*require city's acceptance.......
xix 809
*how city acts on.....
xix 809
*provisions of act of 1895 .......
809-811
Constables:
police have powers of.
337
throughout the state ...
337 173
Construction, alteration, and repair of buildings. (See
Buildings.)
Contagious or infectious diseases: (See Buildings, North
Brothers Island, Physicians.)
special revenue bonds to defray expenses of pre-
venting..........
....... ...subd. 4 and 9, 188 87
appropriation to prevent .........
236 : 118
communication with sick persons may be forbidden. .subd. 2, 1219 600
with infected places......................
1220 601
declaration of imminent peril..........
583
extension, etc., of period of health regulations....
504, 605
penalties for disobeying orders of board of health.
1222 602
removals to hospitals.. ....
1170 577
permit from board of health......
1170 577
vaccination, disinfection, etc.
1225 603
sale of lymph and antitoxines...
1226 604
visitations by sanitary officers...............
1184 586
contracts. (See Bridges, Claims against Corporation, Docks,
ducation, Highways, Public Buildings, Public Charities,
Sewers, Street Cleaning, Streets, Water Supply.)
additional allowance on, only by unanimous vote of
assembly ........
assembly may not directly contract for public work.....
how proceed to authorize ...
414
.........
...
173
1178
.....
39
414
1126
INDEX.
Pa
208
207
.......................
420.
.....
..........................
149
Contracts -- Continued.
Section.
abandoment of, by contractor...........
419208
bids for:
advertisements for........................
419 207
award to lowest ........................
...........subd. 13, 416 206
419
must follow notice to bid .......
208, à
and bid.......
209, e
except on vote of board of public improvements.....
13, 416
206
419 2017
lowest bid not necessarily entitles to award....
209,
deposit to accompany bid.....
420 212, 213
returned in three days after award....
213
forfeited if successful bidder fails to execute contract 420 213
written notice of award necessary... .........
213, a
failure of lowest bidder to comply with bid ........ 419 208
rejection of all bids allowed ..
209, 0.
action is judicial....
210, 9,%
improper elements of decision......
210, 9-t
not required where competitive offers are inad-
missible...........
210, y
211, dd, ee
for renting rooms.
210, aa
opening of......
.... ..............................
419 208
sealed proposals to be made .......
419 207
general rule for obtaining contract.....
208, a
object of..........
208,c
certificate of completion of work
421 213
comptroller's duties :
certificate of, must be endorsed on........
subd. 13, 416 206
showing sufficient unexpended balance......... 149 64
subd. 13, 416
exception of expense not exceeding one thousand
64
aollars................. . ............... .
when mandamus will not lie against........
66, i
special statute requiring provision for payment, is
binding on.......
Contractor. (See Interest in Contract, post.)
assemblymen not to be....
debtor of city not to be .....
419 208
defaulter, as surety, etc., not to be .........
419 208
released from fine or penalty by assembly...
424
on unanimous recommendation of board of public
improvements.
424
corporation counsel :
approve form ..
settle terms . .................
419
duplicate :
required ..........
419
208
filed in department of finance.
.........
419
with copy of ordinance, etc ......................
419
208
419
208
or resolution of board ....
within five days after execution by contractor......
419
estoppel of city enjoying benefits...
but contract price not conclusive........
212, mm
as to irregularities .....................
heads of departments, contracting party on behalf of city,
209,
illegal, no ground for any recovery ..
commissioner of health cannot contract and cannot re-
cover for performance ...........................
interest of city officials in contracts. (See Officers of
Corporation.)
avoids contract at option of comptroller............
1533
forbidden directly or indirectly..............,
1533
206
149
66, 9
.
...
36
1
....................................
208
o
208
211,
212, nn
419
207
723,6
INDEX.
1127
Page.
1533
723
723,
1724, f
1723
723
723
1723
723
212, 00
64
208
208
210
211, gg
OD
208
211, iż
207
211, hh
320
332
212, 99
................
209, h
208, e
209, f
209, g
Contracts-interest of city officials in - Continued.
Section.
all officers of corporation...
commissioner of health...............
chief clerk of bureau of revenue......
unless interest devolved by law......
1533
penalties :
punishment as for misdemeanor........
1533
and forfeiture of office................... 1533
also perpetual disqualification for office or
employment... ecc ................. 1583
if offering a bribe.....
1533
legislature may ratify and make contract binding .....
less than one thousand dollars :
proposals not required for, when....
149
appropriation must be made .........
419
continuous work not to be divided....
unless terminable at any time......
discretionary power cannot be delegated ..
necessity must be certified...
certificate generally conclusive.......
work to complete a job.... .............
construction of this provision...
by commissioner of public charities..
675
less than two thousand dollars :
by commissioner of correction, in an emergency....
104
mandamus not proper remedy where city refuses à con-
tract ..............
materials, quantity must be stated ....................
notice to bid must not fix price. .....................,
exception ........
may reserve right to change items........
· ordinances regulating :
· board of public improvements to recommend to
assembly ........
......subd. 13, 416
provisions respecting..................
417
assembly to adopt. ..
419
payments: (See Finance, Department of.)
percentage paid during work.......
423
final payment ...............
.......................
423
receipts of payment to be endorsed on...
requirements cannot be dispensed with........
security to bo given by successful bidder... .....
comptroller approves... ..
419
mandamus lies to compel actiou by ................
manner of giving.......
additional bond to prevent liens...................
taxpayer may enjoin illegal contracts......... ....
but not the ordinance authorizing .......
territorial extent of contents not enlarged by consolida-
1538
time for performance, extended by assembly ..........
on unanimous recommendation of board of public
improvements ... ... ..
424
424
validity not established by audit of claim .......
work by departments included in board of public im-
provements:
resolution of board must authorize...
413
estimate to be furnished when benefit to be assessed
and ordinance of assembly...........
413
how passed ...........
39
40
when amendment is forbidden .........ve.
417
subject to mayor's veto.....
413
city clerk to certify action of assembly............
413
department not to proceed until authorized. .......
413
206
206
207
214
214
419
419
...
.............
208
209, i
207
207
213, d
210, 20
210, %
212, pp
212, 88
.......
...........
.........
tion .........
424
728
215
215
68, d
10. .
.
.
.
.
.
.
.
.
.
.
.
.
.
413
203
203
203
....................
30
206
203
203
203
1128
INDEX.
1128
.
...
....
Section. Page.
Cooper Institute, exempt from taxation...
438,
10
Copies of records, papers, etc., to be furnished by heads of
departments ........
1545 735
*Cornbury charter:
*recital of public buildings and edifices erected by people,
1050
*ferries, grant of, and of land between high and low
water mark on Long Island........
1050–1052
*to establish as many ferries as corporation shall
think fit.........
1052
*laws and ordinances concerning, confirmed........
1052, 1053
*charter not to be invalidated by certain omissions......
1053
*attestation clause.......
1053
*Queen Anne's charter...........
1050
Coroners: (See Dead, Deaths.)
elected at general election
1570 741
number of........
...... ...........
1570 741
term of office, four years...
ears.................. . ...
1570 741
removable as sheriffs are....
1570 741
salaries.........
1571 741
powers and duties of...
1571 741
offices and clerks......................
1571 741
in Manhattan, to be open constantly...
1570 741
stenographer in each borough. ..........
1571 741
inquisitions:
power of board of health over.................... 1203 593, 594
*records to be kept by coroners. .......
1778 1017
registrar of records, report or inquest filed with ... 1179 584
1777 1016
*except in homicide cases.....
1771 1015
*to be taken when death is suspicious, etc........ 1773 1015
*when jury may be summoned......
1774 1015,1016
*physicians :
*appointment and removal........
1769 1014
*salaries .......
1770 1014
*examinations by.........
1773 1015
*police justices may act in absence......
1779 1017
*report to public administrator
246 1036
*scientific experts, when employed. .......
1771 1014
*compensation................
1772 1015
appropriation for..
.....................subd. 3, 230 107
Corporate stock. (See Bonds.)
Corporation. (See City of New York.)
Corporation counsel. (See Law Department.)
Corporation newspapers. (See Advertisements.)
defined....
1526 717
Corporations. (Sce Courts, Insurance Companies, Taxes.)
Correction, department of : (See Beggars, Blackwell's Island,
Disorderly Conduct, Hart's Island, Intoxication (public),
Jails, Riker's Island.)
commissioner of correction, the head
104
47
694
appointed by mayor.......
104
term of office, six years ........
104
salary, $7,500 ...
694
member of board of aldermen....................
25 14
jurisdiction of.... ..........
694 328
697 329
over institutions for criminals. ......
695 328
694 327
Blackwell's island. ... ...
696 329
devolution of powers of former boards.....
607 329
accounts to be kept.....
703 331, 332
monthly statement to be rendered........
703 332
........
.............
e
327
47
327
694
47
......
...................
327
327,
INDEX.
1129
Section.
Correction, department of — Continued.
annual estimate of expenses and salaries.
226
Page.
104
332
703
703
703
714
332
332
337
appropriations .
not to be exceeded......
por diverted to other purposes................
buildings, alterations and repairs to...............
deputy commissioner:
commissioner appoints...
others as authorized ..
boroughs assigned to ...............
one to Brooklyn ..................
powers of.......
fines for disorderly conduct and intoxication :
payable to ..
inmates of workhouse, etc.:
classified ......
youthful to be separated from older ........
employment of...
detail to public charities..........
694 327
694 327, 328
694 328
694
694
328
328
............
333
706
...........
329
698 329
698
700 330
701 330, 331
677 320, 321
702 331
702
699 330
699 330
698 329, 330
712 337
705 332, 333
331
............
327
694
694
694
327
327
697
329
327
694
137
61
694
691
328
328
328
694
...
........
hours of labor...............
punishment ....................
record of inmates of institution to be kept.
additional to that of disorderly persons
schools to be established for....
transfer of inmates to jail, etc....
weekly reports to cominissioner concerning ......
offices :
prinicipal office in Manhattan ....
branch office in Brooklyn ...
others as necessary...
.......
paupers not charged or convicted of crime or misde-
meanor, not within jurisdiction ......
rules and regulations :
commission to make.....
statistics of, to be published annually.....
subordinates :
commissioner appoints.........
salaries within appropriation.......
power to remove may be delegated when .
supplies:
advertisements for proposals. ..
contracts for ..
.......... ...........
less than two thousand dollars ....
requisitions for by wardens, etc.......
orkhouse :
commitments to.......
from all boroughs..........
commitment to:
report to commissioner.......
order and certificate thereon ..
record required to be kept...
includes order of detention.
open to public inspection ...
detention in :
commissioner to fix term...
discharge by magistrate...........
transfer of inmates.....
Corrosive sublimate, retail sales of, regulated..
Cotton :
penalties for disobeying regulations respecting. ....
removal by orders of board of health.......
storage of........
unsound, to be reported to board of health.........
Cottonroot, retail sales of, regulated ...
704
704
704
332
332
332
332
............
705
707-711 333-337
707 333
708 334, 335
710 335, 336
709 33:5
710 336
709 335
710
711
712
516
335
336
337
715, 716
1211 596
1209
•596
770 363
1208 595
1516 715, 716
1130
INDEX.
Section
Page.
xiii
803
.........
789, 790
.........................
902
Counties. (See County Officers, Kings, New York, Queens,
Richmond, Supervisors.)
*constitutional provision forbidding indebtedness when
boundaries same as city......
*proposed amendment extending provision to more
than one county in city limits......
expenses, how paid.....
Country produce :
lower part of piers for recreation to be used for ........
County jails. (See Jails.)
County officers: (See Clerks of Counties, District Attorneys,
Registers, Sheriffs.)
*constitutional provision as to election or appointment...
*defined ...........
*section relates only to existing officers.........
*legislative power not restricted as to subsequent...
*what changes violate this section.....
837
402
xyii
807, 6
806, a
807, ſ
807, 9, 1
807, , j
808, X
808, 1
به هیج .د
1584
744
*scope of section considered....
election of, not affected by charter.....
...
*constitutional provision as to time of holding elec-
tion ..........................................
salaries of..................
XX
1593
902
Courts
1350
1393
xi
801
801, 6
801, a
801,
.............
599
1528
120
1528
137
1345
County treasurer. (See Richmond, County of.)
changes in, at midnight, January 31, 1898........
*inferior local:
*constitutional provision..
. *jurisdiction must coincide with some local division,
*local character essential....
*process not executed beyond jurisdiction..........
jurisdiction, concurrent:
bridges between Manhattan and Brooklyn.. .......
sittings :
hours of regular, published in City Record.........
place of, changed by mayor in case of public calamity
published in City Record.....
statistics of, to be published annually ....
Courts, civil:
city court; (See Removal of Causes under Municipal Court.)
“city” restricted to former city of New York...
*clerk's salary .....
*not to be diminished.......
*fee on issuing attachment.. ... .......
continued with same powers and jurisdiction.
*provisions of consolidation act...
*court room to be provided........
d........................
*interpreter's salary................,
jurisdiction on removal from municipal court begins
with the granting of order of removal ....
justices hereafter to hold office for ten years ....
*salaries ....
*officers and attendants' salaries.......
district courts :
consolidated and reorganized........
justices :
to act until midnight, January 31, 1898... ........
none to be hereafter elected......
*constitutional provision...................
*term cannot be extended..................
*former justices to serve out........
pending actions transferred to municipal courts ....
records, etc., delivered to municipal courts.........
1275
1207
969
1249
1345
........ 1206-1278 969–971
1 787, 788
1275
1366
1346
1206
1275
1351 656, 657
1384
672
.......
1350
x 800 801
801,
xii
1382
671
671
1381
INDEX.
1131
974
............
......................
976
1308
.................
Courts, civil - Continued.
Section. Page.
district courts, provisions of consolidation act relating to:
*jurisdiction............
1288 972
*parties appear in person, or by agents or attorneys, 1294 973
*non-resident plaintiff......
1299 974
*how actions in, commenced ...
1296 974
*guardian ad litem ....
1295 973
*summons, requisites of ........
1297
*return...............
1298 974
*who may serve summons .......
1301 975
1709 1013
*process not served outside city
1303 975
*proof of service......
1301 975
*service of summons, how made.........
1300 975
*marshal to serve process.........
1709 1013
*complaint, when served with summons
1346 987
*when verified...
1346 987
*alias summons........
.... .........
1303 975
*arrest, when.....
1804
.............
*wbat order shall direct..
1307 976
*judge issue warrant of arrest and search warrant
under game laws. ..
1306 977
*proceedings after arrest,.,
977
*if justice is witness........
....... .........
1309 977, 978
*marshal to notify plaintiff of arrest....
1310 978
*arrest, duty of marshal on ......
... ............
1308–1315 977-979
*bail or deposit ........
1311-1313 978
*time of detention limited .
1315 979
*attachments in ........
1316 979
*undertaking ......
1319 980
*what necessary to obtain...
.. 1317–1318 979, 980
*served by marshal.........
1302 975
*affidavit and undertaking on arrest
1305 976
*when pleading takes place ....... .............
1346 987
*adjournments ................
1362-1365 990, 991
*exhibition of accounts may be ordered.......
1361 990
*if plaintiff does not appear, action dismissed ..... 1366
*commissions to take testimony ...
1368 992
*testimony de bene........
1369 993
*subpoenas in ....
1370 993
*served in adjoining county..
1370 993
*witnesses, attachment of...
1370 993
*jurors, list of.....................
1371 993
*jurors reside in district. ........
1371 993
*trial by jury..................
1372 994
*jury of twelve ....
1373 994
*summoning a jury .............
.... 1372–1374 994
*fines of jurors .................
993
*talesmen.. ...............
1375 995
*drawing jurors ....
1372–1376 994, 995
*juror's fees, paid on demanding jury....
1377
*adjournment, fees on ..
1378
*challenge of jurors ......
1379 995
*verdict of jury................
1380
995
*judgment on verdict.........
1380 995
*transfer of causes .............
1360 990
*mode of swearing jury.........
1381 996
*attachment served by marshal ..
1320 980
*what process served by marshal ..
.. .. ........ ...
1320 980
*trial continued from day to day.......
1387
*mode of trial. ......
1381 996
*when judgment of dismissal ....
... .......... 1382 996
*right to discontinue ......
1382 996
*when judgment for plaintiff by default
1383 996
*time for decision limited. ....
1384 996, 997
*certified copies, prima facie evidence........
1414
1004
991
*
*
JULY VLVWOIY
..
.
..
.
.
...
.
...
.
..
*
*
1371
995
995
*
*
*
*
*
*
997
...........
1132
· INDEX
Page
...
...
.................................
Courts, civil - Continued.
district courts, provisions of consolidation act — Con.
*excess of recovery beyond jurisdiction....
*if defendant liable to arrest to be so stated in docket
*execution, how issued...
*form of.......
*against joint debtors.....
*against the person........
*renewal of..
*limit of arrest on..........
*time of sale under.........
*marshal, liability of...........
*satisfying judgments docketed with county clerk..
*clerk, duty of..........
*deliver books and papers to successor.........
*issue execution on former judgment..........
*docket to be kept by...
*form and contents of....
*docket entries.......
*index to docket....
*costs, fees .........
*after answer of title.
Section.
1385
1386
1399
1399
1400
1401
1402
1406
1406
1407
1408
1409
1412
1413
1409
1409
1410
991
1000
1000
1001
1001
1001
1002
1002
1002
1003
1003
1004
1004
1003
aerk, Duby 01...................................
1003
....................
1411
1416–1424
1003
1004
1004
1004
1007
1006
1421
1007
1007
1007
1007
1007
1006
........................
..........................
1006
1008
1008
1008
998
1388
...............
......
1358
*in action on bastardy bonds........
1422
*in action to enforce game laws...............
1423
*in action by working women.......
1424
*on order to prosecute marshal's bond..... i 1425
1419
*extra costs....
1420
*duty of..........................
1428
*office hours of......
.........
1428
*to account monthly.......
1429
*justices not to exercise powers of police justices.... 1389
*powers of, in special proceedings.
*transcript of proceedings certified by justice, evi-
dence.
1387
1440
*witnesses, attendance of, compelled in special pro-
ceedings....
1388
*subpoenas to be signed by justice in special proceed.
ings.....:
*special proceedings continued before another jus-
tice............................................
1387
*no abatement by death, removal or vacancy........ 1390
*allowances in actions on bastardy and abandonment
bonds.......
1422
*defaults may be opened.........
1367
*stenographer's fees for transcripts....
1439
*judgment on defendant's bond on attachment..... 1324
*action where attachment vacated...
1325
*return on attachment ......
1326
*application to vacate.....
1327
*effect of vacating..
1328
*proceedings on atiachment where no personal
service .............
1329
*warrant to seize chattel in foreclosure of lien.... 1330
*judgment on foreclosure of lien on chattel. ....... 1330
*replevin in, when action lies......
1331
*proceedings......... ........
1332–1345
*affidavit and undertaking..........
1332
*requisition to marshal....
1333
*duty of marshal on. ...
1334
*service of summons in........
1334
*return of marshal in..........
1335
...........
...............
.................
984-987
........
..
....
INDEX.
1133
1343
1342
.........
......
...
C
989
Courts, civil -. Continued. .
district courts --- provisions of consolidation act - re-
plevin in - Continued
Section. Page.
*exception to plaintiff's sureties...
1336 984, 985
*demand by defendant...................
1337 985
*qualifications of sureties in...............
1338 985
*when chattel delivered to plaintiff ....
1339 985
*penalty on marshal for wrong delivery. ..
1340 986
*what provisions of code apply to.......... ... 1341, 1343 986
*claim of third party in.............
986
"answer in... ........... ......
986
............
*proceedings, where no personal service...
1344 987
*hearing, where personal service had........
1345 987
*when complaint served with summons ....
1346 987
*pleadings in...
1346 987
*what provisions of code apply to pleadings and pro-
ceedings in ........
1347 987
*pleadings in actions on bastardy and abandonment
bonds ..............
1348 987
*when new summons in......
1348 987, 988
*answer of title............. ....................
1349 983
*proceedings on answer of title....
........... 1350–1356 988, 989
*proceedings where trial shows title involved.. . 1354 989
*new action after discontinuance, because title
involved..
1351
1355 989
*summary proceedings to recover real property..... 1357 989
*precept in, served by marshal....
1357
*petition in.........
1358
*precept in, where returnable..
1358
*place of trial.......
1358
"answer in...................
1359 990
*transfer of proceeding.......
1360 990
*adjournment, where party under arrest... .. ....
1363 991
*conditions imposed on adjournment.....
1363 991
*defaults opened........... ...................
1367 992
*clerk to report jurors fined...............
1371
*clerk to give transcripts of judgments............
1392 998
*execution after transcript.....................
1392 998
*where judgment a lien on real property...........
1392 998
*transcript of judgment for chattel ..........
1394 999
*judgment where action is against several ........ 1395 999
*against defendants not served.....
1395 999
*transcript of, where some defendants not
served........
1396 .999
*action on, where some defendants not served.. 1396 - 999
*effect of docketing with county clerk........
1397 1000
*against marshal...
1398 1000
*execution in ................ ..................
1399 1000
*execution against the person...................
1393 998, 999
*execution against joint debtors...
14001001
*proceedings where execution directs arrest. ... ... 1401 1001
*execution may be renewed.......
1402–1403 1001,1002
*what judgments enforced by arrest.............. 1404–1405 1002
*transcript of satisfaction filed.............
1408 1003
*meaning of terms....
1009
*stenographers' fees on appeals ... .
1439 1009
*may issue search warrant for game....
1306 977
*order of arrest in.........
1307 977
*duty of marshal on attachment.
1320-1323 980, 981
1326 982
*service of attachment..........
1321 981
*undertaking to relieve attachment........
1322 981
*claim of third person to property attached........ 1323 981
justices of the peace :
no more to be elected.....
1350 656
993
...............
1437
1134
INDEX.
Page.
672
671
.............
669
..........
mervers ...................
1374
...........
...,....
••...
Courts, civil — Continued.
justices of the peace — Continued.
Section.
to act until midnight, January 31, 1898..
1384
pending actions transferred to municipal courts..... 1382
records transferred to municipal courts............. 1381
justices' courts of Brooklyn :
consolidated and reorganized.
1351 657
municipal courts :
appeals to supreme court :
under code of civil procedure .... ....... subd. 1, 1367
stenographers' fees for transcript of testimony, 2 , 1367
board of justices :
organization .................
1374 669
members of..............................
1374 669
meetings to be public ......
1374
minutes to be kept ....
1374
resolutions to be adopted by a majority of all
members ...
1376
rules to be adopted............
1375
president of :
elected and removed by board .......
1374
secretary :
clerk of one of courts appointed by board ..... 1374
compensation fixed by board.....
1374
certificates of appointment of clerks, etc., filed
with ........ ..........
1373
court officers :
clerks and assistant clerks, number of......... 1373
appointed by justice of court where stationed.. 1373
certificates of appointment......
1373
term of office, six years ....
1373
bond for five thousand dollars...
1373 667,
sajary .......................................
1373
no other compensation...
continuation of present, in New York and
Brooklyn ..............,
duties, same as prescribed for district court
clerks ......
1373
(See District Courts.)
whole time to be devoted to duties ........... 1373
power to administer oaths ...........
1378
removal by appellate division of supreme court,
interpreter for each district in Manhattan ...... 1373
appointed by each justice........
1373
salary, $1,200.......
1373
other attendants, not exceeding three, appointed
by justice ...................
1373
salary, $1,000...........
1373
removal of interpreters, stenographers, etc.....
1373
stenographer for each district appointed by
justice......
salary, $2,000.....
1373
term of office of interpreters, stenographers, etc.,
1373 668, 669
districts:
boroughs divided into districts
1358
Bronx borough, two........
1359
Brooklyn borough, five......
Manhattan borough, eleven....
Queens borough, three ............
Richmond borough, two......... .......
proper district for bringing action......
action for penalty or fine not exceeding five
hundred dollars....
jurisdiction:
in enumerated civil actions and proceedings....
1373
1373
.........
...........
1383
........
.............
1373
...........
1361
1360 659, 660
1362 660, 661
1363
1370 665-667
....subd. 5, 1370 666, 667
1346 661, 662
INDEX.
1135
663
661
...........
...............................
· 670
1365
1367
3. 1352 657, 658
.........
4, 1352
658
657
659
659
Courts, civil - Continued.
municipal courts --- jurisdiction - Continued.
Section. Page.
no jurisdiction in certain......
1365
certificates of naturalization cannot be issued by, 1372 667
over corporations, foreign and domestic........ 1346
over all persons residing in or about to leave
the consolidated city.......
......................
1369 665
throughout the consolidated city......
1369 665
code of civil procedure:
sections 8–14..
1369 665
1914–1917
1379
2957-2958.
663
3044-3067 ...............
664
3319................ver
1379 670
court houses............................
1380 670, 671
justices are not city officers ....
...........,
657, a
elected at general election ....... ............ subd. 2, 1352
657
special provision for 1897.
mayor to appoint seven in 1898.......
first justices, the district court justices of New .
York ..................
............... subd. 1, 1352 657
and justices of peace of Brooklyn ....
1352
oath to be taken and filed with city clerk..
1354 658
power to administer oaths and take depositions and
acknowledgments ........
1379 670
qualifications of......
1353 658
removal by appellate division of supreme court..... 1383 672
rotation in courts.......
............ 1375 669
salary in Queens and Richmond, $5,000.
1355 658, 659
in other boroughs, $6,000.....................
1355 658, 659
term of office, ten years........
1356
vacancies:
filled at next ensuing general election.......... 1357
mayor to appoint within twenty days. ......... 1357 659
oaths:
clerks and assistant clerks to administer.
1378 670
justices, by virtue of their office..........
1379 670
places for holding to be assigned by assembly.....
54
34.
courts to be held there.
1371 667
procedure :
district court of New York procedure, etc., to
apply (See herein District Courts, Provisions of
Consolidation Act relating to, ante)......... 1369
rules of supreme court to apply............... 1376 670
process :
served and enforced throughout consolidated city,
records of district courts and justices' courts delivered
to........
1381 671
removal of causes :
actions which may be removed......
1366 663
court to which actions removed...
1366 663
defendant may remove.
1366 663
record certified .....
1366 664
undertaking with sureties required.
1366 663
rules of procedure. (See Procedure herein.)
seal :
prescribed ..........
1372 667
sessions :
board of justices fix.......
1371. 667
1380
Courts, criminal :
court houses :
assembly to assign places for ....
33
possession and use transferred ...
1415 682, 683
criminal administration :
divided territorially..
1390 673
1368
.....
0
.
671
Courts supplies for
53
1136
INDEX.
Page.
Section,
1390
1390
1415
673
673
683
1418
1414
1416 683
1417 683, 684
682
..........
1412 681,
1412
Courts, criminal - Continued.
criminal administration - Continued.
Manhattan and Broux, first division ......
Brooklyn, Queens and Richmond, second division...
expenses, salaries and supplies to be furnished.
justices of the peace : (See Courts, Civil.)
to act until midnight, January 31, 1898
records to be delivered to city magistrates. ........
pending proceedings transferred ..................
mayor to designate magistrates................
magistrates and magistrates' courts :
appeals in New York county to general sessions
continued......
in other counties, to county court.....
board of magistrates :
in first division former continued as..........
*city magistrates constitute..
*to elect a president from their own number,
*meetings to be public..........
*police clerk to be designated as secretary..
*compensation fixed by board.............
*minutes to be kept......................
*open to public inspection...............
powers continued.................... ...
in second division..........
powers as in laws of 1895....................
city magistrates :
appointed by mayor...
certificates of appointment.........
1392
ܟܐ ܠܛܙ ܠܙ ܣܙ ܠܙ ܠܙ ܠܛܙ ܠ
786
674
1392
1397
1397
676
..............
...
676
OO
1391
......
1394 674,
674, 675
1395
7
*2
............
..
25
............
1392
....
1392
1392
.....................
1392
...............
1394
1394
1395
675
................
675
1394 674,675
*not to take fees, etc...........
*to devote whole time...
city magistrates in first division :
appointed under laws of 1895
former in New York city continued..
powers and duties prescribed by laws of 1895...
*qualifications ...........
*number fixed at twelve.................
*vacancies to be filled.......
*terms of office. ..........
salary, $6,000.....
*by act of 1897, $7,000
city magistrates in second division :
eleven magistrates ......
term of office .........
salary. ...........
appointed by mayor........
powers as in first division........
clerks, etc., for magistrates' courts in first division :
1396
675
1392 673, 674
continued .......
*clerks:
*board of magistrates appoints seven....
*term of office, four years..............
*certificates of appointment...........
*bond for $5.000........
........................
*salary, $2,500....
*to give whole time....
*clerks' assistants, stenographers and interpreters :
*appointed by board of magistrates for two years.
*removed for cause....
*salaries....
in second division :
governed by laws of 1895.........
whole time to official duties....
reside in borough............
.................
..............
1400
676, 677
1400
1400
INDEX.
1137
0
1399
664
681
673
678
Courts, criminal — Continued.
magistrates and magistrates' courts — Continued. Section.
Page.
magistrates' courts :
annual appropriation for expenses of .
230 109
and of board of city magistrates ...
230
109
magistrates' hours of attendance, etc....
1398 676
*every day from nine........
1787
rotation at courts and absence...,
1398 676
intelligent and experienced policemen to be de-
tailed to attend ......
309 159
duties of..... .......
...........................
309 159
transfer of charges..........
676
police justices :
ofice of abolished..............
1393
continued as city magistrates......
1394 674
to act as police justices until midnight January 31,
1896. ........
1418
....
684
records to be delivered to city magistrates.......... 1414 682
special sessions : (See Petroleum.)
appeals governed by laws of 1895 .
1413 682
clerks and attendants, duties prescribed by rules of
court...,....
....... subd. 2, 1409
courts in first division :
former court for city and county of New York
continued as............
1391
justices appointed by mayor.....
1391 673
courts in second division : :
attendants, stenographers, interpreters, etc..... 1404 678
clerk appointed for five years........
1404 678
salary, $3,000 ................... ..........
1404 678
resident of division..........................
1404
laws of 1895 otherwise apply to...............
1404 678
this law is constitutional..
673, a
clerks in Queens and Richmond.
1404 678
appointed by justices for five years
1404 678
salary, $2,000.......
1404 678
court of City of Brooklyn abolished.....
1393 674
deputy clerk appointed for five years
1404 678
justices appointed by mayor ....,
1402
five additional
1401 677
qualifications ....
1403 677, 678
salary, $6,000.........
1402 677
district attorneys to attend all sessions. .............
1411
jurisdiction generally...........................
1406 679, 680
divested by indictment.....
.............subd. 1 (1) 1406 679
or certificate of reason for indictment..subd. 1 (2) 1406 679
bastardy proceedings...................... subd. 3, 1406 680
existing laws continued.................... subd. 4, 1406 680
no jury trials.
1407 680, 681
justices :
*qualifications of.......
787
*not to take fees, etc......
1787
*to devote whole time......
787
quorum of........
1405 678
are magistrates.
1408 681
assignments to sit in court.
suba. 2, 1410 681
practice prescribed by code of criminal procedure to
be followed..........
........ ...
1407 680
regulated by rules of court.....
............ subd. 1, 1409
rules adopted at meeting of justices........
1409 681
sittings of :
assembly to assign places.............. -
general sessions :
assembly to assign places for holding.........
......
.........
ars...........
677
681
...........
................
681
53
...
72
1138
INDEX.
Section.
Page.
230
108
1212
.....
.............
1316
Courts, Criminal — Continued.
supreme court : (See Public Charities, Sewers, Streets,
Water Supply.)
justices of other districts serving in the first, com-
pensation for..................
Cows :
skinning regulated......
not to be kept in tenements.........
Cremation of street sweepings, etc. (See Street Cleaning.)
Creosote, retail sales of, regulated......
Crimes, statistics of, to be published annually.....
Criminal process, served by police.......
exception of constables, etc. ........................
misdemeanor for others to serve................
Cross-walks. (See Streets.)
Croton oil, retail sales of, regulated.........
Cyanide of potassium, retail sales of, regulated. .......
Curb stones. (See Streets.)
Custodian of public offices. (See Public Buildings.)
715, 716
............
........................
1516
137
340
340
340
175
175
175
1516
1516
715, 716
715
D.
887
.....................
............... .. .....
607
d .................. ....
............... ...............
617
...................
Damages. (See Condemnation Proceedings.)
liquidated, on failure to pay for bonds of city........
182
to person and property by fire, when civil action for..., 761
“Day" defined as to canal boats and brick freighters ....... 861 414
Dead:
permit for removal of....
1204 594
*by coroners or clerk. ......
1776 1016
when immediate burial after inquest.........
1203 594
*under fallen buildings.......
502
Dealers in second-hand merchandise. (See Second-Hand
Dealers.)
Deaths:
report of, by relatives or friends...
1238 606, 607
by physicians..
1238 607
penalty for failure . .
...............
1239
excuse may be accepted.....
1239
penalty for false......
1266
record of ..........
1240
in bureau of registrar of records.
1179
statistics of, to be published annually
137
*unusual or suspicious :
*citizens to report. ........
1775 1016
*penalty for failure. .......
1775 1016
*coroners to investigate........
1773 1015
*disturbance of body or surroundings forbidden..subd. 2, 1776 1016
*penalty .......
......subd. 2, 1776
Debt of city. (See Counties, Expense, Sinking Fund.)
*Constitutional provisions :
*gifts and loan of credit of city forbidden......
*support of poor not affected...
802
xiii
803, a
*city purpose defined........
803.0
*electric light plant ......
804. g
*public briage between two cities.
80%,
*public park beyond city limits...,
803, d
*rapid transit
................
*ten percentum limit on indebtedness...,....
*county indebtedness not to be considered.
*computation of indebtedness... ...
*sinking fund holdings not considered....
*revenue bonds or certificates not fobidden.....
1016
xiii
802
...............
804, h
803
803
804, j
804, K
802
803,6
*must be retired in five years........
803
INDEX.
-
..
1139
Debt of city - Continued.
*constitutional provisions - ten percentum limit on
indebtedness -- Continued,
*water supply bonds not forbidden.............
Section.
xiii
Page
802
804, f
802
804, 1
.............
*must not rup more than twenty years.....
xiii
*only when limit of indebtedness has been
reached ......... ..
amount borrowed during the year to be reported to
mayor and assembly by commissioners of accounts....
existing laws relating to creation and payment to remain,
revenues and securities for past debts to remain ........
debts of consolidated municipalities to be the common
debt of the city .........
corporate stock may be issued for balance.............
no future debt of a corporation, part of whose territory
is annexed, shall bind property within the city...
no indebtedness to be incurred by counties of New York,
Kings and Richmond. .........
.................
or by consolidated corporations...
limitation on .............
claims, charges, expenses and appropriations imposed on
city by legislature:
special revenue bonds to use for payment of..... subd. 7, 188
Denominational schools. (See Sectarian Schools.)
Department of public works, (See Public Works, Depart
ment of.)
Department of public charities. (See Public Charities, De-
partment of.)
Department of public parks. (See Parks, Department of
Public.)
Department of street cleaning. (See Street Cleaning, De-
partment of.)
Department of taxes and assessments. (See Taxes, and
Assessments, Department of,)
Department of docks. (See Docks, Department of.)
Departments: (See Administrative Departments, Boards,
Contracts, Officers of Corporation.)
Depositions. (Sec Courts.)
Destitute. (See Paupers.)
Detonating compounds. (See Explosives.)
Digging down lots. (See Lots.)
Digitalis, retail sales of, regulated.
1516
Diphtheria antitoxine :
duty of board of health.........
1225
sale of surplus......
1226
Dispensaries, public : required to furnish information to
board of health.....
1169
Dirt in streets...
...........subd. 6, 49
penalty for throwing into........
1456
Dirt carts, ordinance in relation to, may be enacted .......subd. 23, 49,
Disorderly conduct. (See Workhouse, under Correction.)
punishment for ...
......: 707-711
fighting and quarreling in streets, power of assembly
over .......
..... subd. 12, 49
fines payable to commissioner of correction .....
1706
paupers guilty of neglecting work.........
682
sureties for good behavior :
time not to exceed six months .....
ceed six months .................. subd. 3, 707
imprisonment for not giving .........
3,707
limitation on........
710
Disorderly houses: (See also Houses of Ill-Fame.)
..;..; ....:::::...............
power of local boards .......
393
Dispensary of the College of Physicians and Surgeons of
Saint Mary's Hospital of the city of Brooklyn, appropria-
tion to ..
.............subd. 22 (23), 230
715,716
603
604
576
27
698
29
333-337
28
333
323
234
334
336
............
198
115
I 140
INDEX.
Assessments and Section.
Section
Page.
Page
xvi 805, 806
1411
681
781 368
405
846
844
+
540
48
48
819
404
388, a
264
26
26
48
26
.........
389
391, b
389
..........
819
821
821 391, 392
392
903 433
822 393, 394
822 394
822
394
led
........
......
..
Distress for personal taxes. (See Taxes, Assessments and
Arrears.)
District Attorney:
*constitutional provisions relating to..................
to attend Special Sessions.....
fire marshal may report to....
District Courts. (See Courts.)
Docks: (See Canal Boats, Fire Department, Floating Baths,
Floating Dry Docks, Garden Produce, Harlem River, Ice
and Snow, Lands Under Water, Oyster Business, Vessels,
Water Meters.)
buildings on wharves: (See Markets.).
storehouses, etc., forbidden .
exception of sheds .........
building department has jurisdiction over..
cleaning, board of docks, charged with
construction of docks, wharves and piers:
assembly to provide for ........
and authorize loans on bonds .....
................
board of estimate must first approve ...,
official plans to be followed. .... . ........
board cannot authorize violation of.....
exceptions..............
contract for: (See Contracts.)
work to be done by ........... ............
regulations respecting. ....................
copy of permit furnished to department of taxes....
improvements by private owners to conform to
plans, may be authorized .........
compensation for cost ...
existing agreements ratified ..
private property not to be interfered with unneces-
sarily. ........................
regulations for construction.......
temporary wharves may be authorized.............
dockage and wharfage : (See Brick Freighters, Canal
Boats, Oyster Boars.)
rates for public use :
board to regulate ....
for vessels enumerated ..
only when made fast..........
when made fast...........
registered tonnage is meant., ....
includes all kinds of vessels.....
foreign vessels are included
doubled for leaving without paying .....
demand must be proved ..
not collectible unless printed on bills ...
treble damages for illegal rates........
not if charge is for private property.
for merchandise on piers .......
special contract may be made .......
action at law will lie for .................
lien continues on balance remaining .......
special kinds of commerce may be assigned to cer-
tain piers............
on application of owners...
and restrain all others....,,
principles examined .....
no other rights conferred by assignment......
at steam transportation piers......
dredging adjacent to private piers may be ordered...
expenses assessed against adjacent owners
dumping on piers restricted .........
into tidal waters forbidden......
821
821
819
389
825 395-396
859 411-413
413, a, g
413,5
413,0
413, f
413,
859
413
413, d.
415
415
863 415, a
862 415
862 415, a
862 415, 6
415,
863
863
...........
862
825
825
396
396
825
396
396, 1
..........
397, d.
404
832
954
84.
465
405
419
C
880
INDEX.
I141
Section. Page.
880419
419, a
880 419
818
818
388
389-390
211, 66
540
264
388, 6.
388, à
388,
26
392
Docks -- Continued.
dumping on piers restricted - Continued.
penalty...
no liability for disobedience of servant .....
informer rewarded........
exterior lines:
board not to change .....
exception on Hudson river....
garbage and effal :
hiring dock for removal of, does not require sealed
bids.......
removal from docks by department of docks........
injuries sustained on :
city liable for defective construction, etc...........
notice of defect necessary ....
lessee, bow far liable.......... .......
lands, etc., for docks, wharves and piers: (See Lands
under Water, Opening Streets.)
assembly to provide for acquiring...
board may acquire al] wharf property.............
in extension of street lines granted to city ........
between street intersections may be granted to city
by commissioners of land office... .....
subject to rights of riparian owners...........
compensation for damage to riparian rights....
condemnation proceedings may be instituted........
corporation counsel to conduct ................
laws relating to condemnation for streets to apply,
principles of compensation ...
for certain lands on North and East rivers ....
interest on awards for same. ..............
for lands in which city has some interest.......
interest on awards for same...............
for special kind of commerce is constitutional..
use of property by railroad, etc., does not prevent
condemnation.......
purchase of wharf property by agreement......
commissioners of sinking fund to approve,
title to, not vested in city by grant of power to con-
struct certain wharves.......
of certain lands, to vest four months after filing
of oaths of commissioners....
40
41
86
41
41
822 393
822 393
822 393
822 393
823 394, 395
823 394, 395
395
395
395, a
824
824
.............
822
822
395, 6
391
391
391, à
823
824
970
394
395
474
825
396
396, a
397, i
396
.
825
of lands for improvement of navigation....
leases :
board may lease.....
principles examined ........
discretionary with board.....
term and renewals............ ..
covenants in, cannot relieve from obedience to build-
ing laws........... .........
refusal to execute after taking possession ,.
rent not avoided by irregularity of lease...........
right to wharfage only conferred by ...........
lease must be valid ...........
obstructions on :
accumulations of freight to be regulated.
.. .....
power to regulate for the general welfare..........
notice to remove ...
board to remove on failure of owner........
expense, how paid.. ........ .................
lumber, trucks, structures, etc., to be removed...
twenty-four hours' notice to be given .....
when notice expires .........
penalty.......
expense, how paid.......,
397, ;
397, f
397, e, g
397, c
397, h
849
..........
850
850
851
851
406
407, 6
407,
407
407
408
408
408, a
408
408
851
851
1142
INDEX.
Section.
Page.
852
408
853
853
853
• 408
...
408
876 418
418, a
418, c.
418,
819 388, 389
819 389
819 390
391, a
820
833 401
391
837
837
837
402
Docks - Continued.
obstructions on - Continued.
storage, when goods of littie value ..
unclaimed merchandise to be sold......
after three months' notice of sale......
distribution of proceeds.....
pier line :
grants by city beyond, forbidden.
pier cannot be erected beyond.
is a nuisance.........
what is a pier, determined ...
plans for water front:
what are oficial......................
repeal of authority for other plans, ....
alteration on East and North rivers.....
city liable for destruction of private rights ...
surveys and soundings to be made........
"property defined”......
recreation of public:
certain piers to be set apart for.....
also for dealers in country produce .....
police supervision...
repairs:
board may order by days' work.........
rules and regulations:
board to prescribe......
ignorance not to be pleaded ...
punishment for violation ......................
freight not to accumulate .....
sheds on piers:
when lessee is engaged in steam transportation
license and revocation...
constitutionality upheld .....
license must be in writing .....
liability for after notice to remove..
slips to be set apart for street cleaning department......
dock department to have use for disposition of rub-
bish........
also health department........
....
streets near docks:
board of docks has authority to open, etc ...
marginal wharves, not public streets ....
use regulated by board ..........
w wharf property" defined...
Docks and ferries, department of: (See Canal Boats, Port of
New York, Garden Produce.)
board of docks is head.....
821 391
827 398, 399
827
827
849 406
...
.............
398
399
404
844
844
************ *** **** ****** ******* ************* *
404
404, a
404,6
407, a
402
542
266
540
1205 594,
..........
819
819
819
833
.
106
816
commissioners:
number and term of office ........
106
816 386, 387
816
828
828
399
399
828
399
387
816
25
salary, $5,000 (except president) .......
resignation to mayor .....
vacation of office by removal from city
president elected by board
salary, $6,000...... .......................
member of board of aldermen..
en..................
temporary president.........
secretary appointed by board........
subordinates and salaries .......... .............. .
annual expenses limited.......
paid by issue of corporate stock
amount limited ........
cash proceeds paid out of city treasury by comp
troller.....
-
-
INDEX.
1143
81
180
400
399
827
848
.
406
.......
417
Docks and ferries, departmrnt of - Continued.
annual expenses limited – cash proceeds, etc.- Con Section.
Page.
on requisition of board of docks .........
180
countersigned by commissioners of sinking
fund ...............
81
general purpose should be stated..............
82, a
annual report to mayor . .......
829
statement to civil service boards ................ 829 400
by-laws to be made ....
827
collections of rent, etc., paid to sinking fund.
827 399
contracts of, etc., sealed and attested, to be received in
evidence ....
830
and recorded....
830
powers, and duties...,
818 387, 388
powers extended over all the water-front..
817 387
devolution of powers.......
817 387
seal of board.....
830 400
stated meetings to be held.................
399
Dock masters:
powers of former vested in present..........
847 405
406
personally perform duties
848 406
take no unlawful fees or gratuities .......
848 406
penalties ......
848
powers over vessels .......
........i.,.......
867 416, 417
discretion unlimited ....
................
417, a
personation of, punished .....
868
to report violations of law or rules ........
869 417
Dogs : See Animals, Licenses.)
power to kill, not derived from power to regulate and
license.....
32, d
ngan charter:
*recital of ancient rights and privileges....
1038, 1039
*grant to corporation of all their former rights and priv.
ileges ..............
1039, 1040
*waste and vacated lands on Manhattan's Island.
1040, 1041
*jurisdiction of city to extend to low-water mark all
round the Island Manhattans......
1041
*city officers .....................
1041
*mayor, recorder, aldermen and assistants made a body
corporate and politic.............
1042
*city officers nained, mayor, recorder and three or more
1042-1044
aldermen and assistants to constitute common council,
1043, 1044
*power of common council to make laws and ordinances,
1044
*how and when to be appointed.......
1045, 1046
*aldermen, assistants and constables, to be chosen yearly,
1046
*mayor to grant licenses to tavern-keepers .......
1047
*recorder and aldermen and any three or more alder-
men to make freemen ..........
1047, 1048
*corporation to hold lands .......
1048
*to hold three market days......
1048
*to lay out grounds and build .....
1048
*to hold courts of common pleas...........
1048
*grant to, of all their former franchises....
1048, 1049
*charitable uses, grants to, saved.... ...................
1049
*attestation clause...
1049
Drains. (See under Sewers.)
Drill-rooms. (See National Guard.)
Drinking fountains and hydrants :
under control of department of water supply ........ subd. 1, 470 229
except near parks......
...... 612 293
Drinking saloons. (See Liquor Saloons.)
Dross not to be thrown into streets ....
..... 1456 698
Druggists. (See Pharmacists.)
...............
I144
INDEX.
Drugs, storage of in tenement-houses regulated ......
Dry-docks, use of piers for certain, permitted....
Dualin. (See Explosives.)
Section Page.
1311 638
870 417, 418
E.
:
:
:
•
.....
534
537
Education, department of :
new system to go into full effect, July first, 1898... 11 8
board of education : (See Oath of Office.)
head of department ......
108
nineteen members.....
108
1062
term of office, one year...
108
1062
vacancies, how filled.
1062
no salary.
1062
removed by mayor for certain causes, after hearing. 1087
95
city superintendent has a seat but no vote..
· 1079
organization on third Monday of February.....
1062
corporate powers vested in.....
1063
devolution of powers of former boards...
1058 531,
on February 1, 1898........
..subd. 3, 1061
representative of school system ........
1064
annual estimate of salaries and expenses...
226
building for offices, etc........
1067
president:
elected by board .......
1062
member of board of aldermen......
25
no veto power ....
1062
secretary :
appointed by board.......................
1069
removed for cause ..................
1069
salary fixed by board.......
1069
duties ............................
1071
power of commissioner of deeds to administer
1071 538, 539
auditors :
appointed by board......
1069 537,
removed for cause............
1069
duties of ................
1069 537,
prescribed by rules of board ..
1070
..........
salary fixed by board ......
1069
chief clerk :
appointed by board..
1069
salary fixed by board ...
1069
power of commissioner of deeds to administer
oaths..............
1071 538, 539
subordinates, clerks, etc.:
appointed by board................
1069 538
removed for cause......
1069
salaries fixed by board.
1069
board of health, reports to....
1169
borough superintendents: (See Compulsory Education
Law, Teachers.)
appointed by school board ...
1102
term of office, six years....
1102
554
associate superintendents appointed by school board,
1102
554
ratio of teachers to each .......
1102
554
two at least in Queens........................
1102
and in Richmond ......
1102
........
538
554
INDEX.
1145
0
0
.
................
...........
560
....................
............
541
554
..............
1079
Education, department of - Continued.
borough superintendents - Continued.
Section Page.
board of, constituted of superintendent and associ.
ates .........................
1107 556
and principal of school affected ............... 1103 554, 555
duties:
general duties...
1108 556, 557
to issue syllabuses of topics.......... 1113 558
regulated by by-laws of school board..... 1107 556
consultations with city superintendent.... 1080 542
present continued......
1117 560
city superintendent of New York city to be
superintendent of Manhattan and Bronx..... 1117 560
assistants to same borough.....
1117
superintendents of Brooklyn and assistants to
that borough ......
1117 561
qualifications .......
1102 554
removed for cause by school board .....
1102 554
resignation made to school board.................
1102 554
seat in school board ........
1113 558
clerks of, for office duties .....
1116 560
city superintendent: (See Borough Superintendents.)
appointed by board of education.
1069 537
duties prescribed by rules of board of education....
1070
538
to visit and report upon schools..
1079 541
but not to interfere.......
1079
prescribe forms of reports, etc.....
1080 541, 542
member of board of examiners ...
1081 542
qualifications..........
1102
removal for cause..
· 1069 538
reports to board.....
1080 541, 542
541
of non-compliance with law, etc..
1066 536
of insubordination, etc. ........
1080 542
salary fixed by board...
1069 538
seat in board, but no vote.
1079 541
term of office, six years..
1069 537
clerks appointed by...
1080 542
appeal to board on discharge.....
1080
main office in Manhattan......
1080
College of City of New York :
to continue as separate corporation
1127 562
annual appropriation for...
230 109
1131
degrees and diplomas...
1132 564
funds not to be diverted .....
562, a
instruction to be free ......
564
laws applicable to.....
...................... 1128, 1129 562
library, bequest for may be taken ....
531, a
distributive share of state literature fund, etc.,
for.
1130 563
president :
member of executive committee.
1128
562
trustees :
members of board of education ..
1128 562
and president of college ....
1128 562
report to board of estimate ........
1131 563
assembly ..............core
1133 564
secretary of regents ...............
1133 564
powers of...........
1128
compulsory education law :
borough superintendents to enforce ...............
1116
attendance officers....
560
contracts : (See Supplies herein.)
board of education to enact by-laws regulating..... 1077 540
542
542
563
1132
.........
562
560
1116
1146
INDEX.
Section.
Page.
Education, department of — Continued.
expenses :
payments :
· to be made only from proper fund .....
voucher in proper form must be furnished.....
funds :
annual estimate of expenses and salaries.
1099
553
533, a
104
226
1064
1059
11
535
1597
1596
750
749, 750
1065
1065
536
1100
11
1060
1060
533
1065
1060 532, 533
1066 536
1061) 532
1060
1060
1060
1060
1060 532
1068
11
537
1056
531
appropriation annually ............................
for eighteen hundred and ninety-eight.............
allotment by state for counties of New York, Kings
and Richmond....
for part of Queens county included in city .....
general school fund :
administered by borough school boards. ......
apportioned by board of education.............
by-laws of school board to regulate disburse-
ments ....
constituted July 1st, 1898...
comprises all funds not in special school fund..
levied on whole city.....
special school fund :
administered by board of education.........
apportioned to each school board.....
withheld for non-compliance with law...
consists of moneys raised for school sites
erection and repair of buildings ...
purchase and leasing of buildings.
purchase of supplies........
nautical school...............
administrative purposes.....
also proceeds of sale of personal property......
constituted, July first, 1898 .....
free instruction. (See College of City of New York,
Nautical School, Normal College.)
all schools established by departmert
subject to pleasure of legislature.
also lectures to workingmen and workingwomen ..
grades of schools :
school board to have power .........
board of borough superintendents to recommend....
gifts :
care and control vested in boards..
city may take for educational purposes.............
inspection districts :
school board may establish....
may change every five years..........
existing continued.......
contiguity and equality of population....
maps to be filed in mayor's office. ....
inspectors :
five appointed by mayor for each district...
terms of office........
present officials continued.....................
no salary....................................
residents of district...........................
vacancies filled for unexpired portion of term..
removal by mayor for certain causes after hear-
ing .........
to organize on second Monday of October.......
to elect chairman and secretary................
duties..........
investigations :
by board of education...
school boards.....
ire..............
531, a
1094
551
1104
1104
1055
1055
530
551
T
1097
1097
1097
1097
1097
551
551
0
.
551
1097 551, 552
1097
551
1097
1097
551
552
552
1097
1097
,
1087 547, 548
1097
ភ2
1097
1098
552
55%
1115 559, 560
1115 559, 560
INDEX.
I 147
Page.
1075
1081
Education, department of — Continued.
Section.
janitors :
appointed by school board ...,
1075 540
on nomination of superintendent of buildings.. 10.75 7:40
from list of duly qualified persons....
1075 540
present, continued .....,
1536 725
removed by school board........
540
on complaint of principal.......
1075 540
or superintendent of buildings...
1075 540
or member of school board...
1075 540
licenses to teach:
board of examiners:
constituted of city superintendent.......
1081 542
and four members appointed by board of educa-
tion .......
1081 542
on nomination of city superintendent......
1081 542
terms of office ..
1081 542
salaries prescribed by board of education .... 1081 542, 543
qualifications .......
1081 543
borough superintendent, etc., disqualified...... 1981 543
duties :
to examine applicants for positions as teachers.. 1081 542, 543
to license those who pass .
1081 542
eligible lists :
board of examiners to prepare.....
543
city superintendent to transmit to appropriate
school board ...............
1081 543
may exempt from examination certain
graduates............
1081 543
grades of licenses :
borough board of superintendents to designate
for each borough.........
1081 543
and the academic qualifications for each grade.. 1081 543
board of education to fix the minimum require-
ments....
1081 543
necessary:
no person to teach without. .
1081 544
no salary to be paid to unlicensed teachers..... 1081 544
permanent licenses:
after three years' continuous and successful ser-
vice....
1081 544
state superintendent may revoke .......
1081 544
temporary:
at first, for one year...................
544
then for two successive years ......
1081 544
Nautical school:
board of education to maintain .......
1157 571
executive committee.....
1158 571, 572
council appointed by chamber of commerce.
1159 572
duties of ......
1159 572
expenses paid out of school fund ..
1160 572
Normal College :
distinct corporation and college ...,
1139 565
appropriation for..
...... ...........
230 109
1142 566
expenditure of...
1145 568
degrees and diplomas ...........
1143 566, 567
instruction free.....icios.............
1143 566, 567
laws applicable to......
..... 1139, 1141 565
library, distributive share of state literature funds,
tc., for ........................................ 1141 565, 566
president, member of executive committee......... 1140 565
trustees :
members of board of education............
1140 565
also president of college......................
1140 565
1081
...................
1148
INDEX.
Page.
Section
1142
1144
1144
567
567
548
569
1088 548
1088 548
1088
1152
1154 570
1161 572
571
1153 569, 570
1155 570, 571
1156
1055
1055
1055
1068
Education, department of — Continued.
Normal College - trustees - Continued.
report to board of estimate.......
assembly ....................
secretary of regents .....
oath of office :
every person appointed to school office must take...
before secretary or clerk of board of education .....
within fifteen days...........
certain private schools to participate in school fund....
also New York Institution for the Blind.........
merger in common schools..
reports from required .................
accidental omission ....... ............
property: (See Condemnation Proceedings.)
actions relating to, be brought in name of board of
education ..........
board of education has care and control of.........
and borough school boards...
sale of personal property not needed. .......
school-houses:
assembly to provide for buildings and sites. ...
board of education to make by-laws relating to
erection or repair......
additions, school board determines upon .......
fire regulations.......
.::..........
plans:
superintendent of buildings to approve....
school board transmit, with suggestions...
board of education finally act.
sale of, when no longer required......
school board charged with safe keeping.......
sites:
* proximity to jails and criminal courts in
former city of New York.
school board determines..................
title to, vested in city...
except State Normal School at Jamaica. ...
public school society:
board of education vested with powers, rights and
duties ..............
religion:
Bible not to be excluded......
school money not to be paid to sectarian schools....
48
1072
1090
762
1074
1074
1074
220
1090
499
1090
1055
1055
1057
1151
1151
1552
1098
1084 546, 547
1085
545
1083
1083
1083
1083
545
teaching of doctrine and use of sectarian books.....
reports: (See Board of Health, City Superintendent,
School Boards, herein.)
by board of education annually to state superintendent,
to mayor, giving details ...
retirement fund:
amount of annuity to retired teacher ..
board of education to have charge..........
comptroller the custodian ...............
apnual report of .................
consists of:
pay forfeited for absence ....
donations... ....
all other income ................
female teachers retired after thirty years ..........
male teachers after thirty-five years..
principal as well as income may be used......
school board of Brooklyn to have charge of present
Brooklyn fund.......
special provisions as to Brooklyn teachers..........
醫醫醫醫醫醫醫
​...........................
540
1083
1083
1083
1083
1083
1083
545
1119
1083
INDEX. :
1149
531
1056
95)
534
Education, department of — Continued.
Section. Page.
rules and regulations: (See Attendance.)
board of education to enact......
1070 538
salaries in boroughs:
established by by-laws of school board............. 1091 549
regulated by merit, etc .............
.............. .
1091 549
not uniform in same borough.....
1091 549
present to continue until changed by school board.. 1091 519
payment provided for by by-laws of school board... 1100 553
scholars :
age :
five to twenty-one years. .....
1056
four to five in kindergarteps..
1056 531
attendance : (See Age, Free Schools, Rules herein)
class books for pupils......
1099 553
to include inspections..........
1099 553
computation for apportionwent of general
fund.................:
..........subd. 2, 1065 536
regulations may be made by boards.......
531
not in conflict with general school law of
state ..........
1056 531
promotions and transfers :
rules to be made by board of borough superin-
tendents...........
1110 557
school boards in boroughs : (See Expenses, Salaries herein.)
members :
appointed by mayor........................subd. 3, 1061 534
not removed by mayor............
44
residents of borough.......................subd. 3, 1061 534
terms of office.............................subd. 3, 1061 534
vacancies filled by mayor....
leu by mayor...................subd. 3, 1061
not to hold any office of ensolument, except..subd. 3, 1061 534
no salary ....................
1062 535
removal by mayor for certain causes after hearing 1087 547, 548
borough superintendents to have seat in board.. 1113 558
meeting rooms, offices, etc..
1067 537
secretary in each borough:
appointed and removed by school board....
1089
548
duties generally....
1092 549, 550
......
financial duties and bond.......
1089 548
power of commissioners of deeds to administer
oaths, ..
1092 550
clerks and subordinates in each borough:
appointed and removed by school board........ 1089 548
organization on second Wednesday of February.... 1089 548
duties of
1090 548, 549
1091 549
accounts and records to be kept .........
1099 552
annual report to board of education... ...........
1101 553
also at other times as required....................
1101 553
Brooklyn borough:
board of education of Brooklyn constituted as,
February 1, 1898......
............subd. 2, 1061 533
mayor appoints successors. ........ .......subd. 2, 1061
forty-five members.........................subd. 2, 1061 533
chairman or president is member of board of
education. ......
108 49
1062 534
chosen from members of school board....
1089 548
elects five of its members to board of education, 108 49
1064 535
on second Wednesday of February............ 1089 548
Manhattan and Bronx boroughs :
board of education of former city constituted as,
February 1st, 1898........................subd. 1, 1061
533
mayor appoints siiccessors .................... 2, 1061
..................
533
1150
· INDEX.
108
1089
2: 1 328 3 1924.ee
108
Education, department of — Continued.
school boards in boroughs -Manhattan and Bronx
boroughs -- Continued.
Section.
twenty one members ..
1, 1061
chairman or president is member of board of
education.....
108
1062
chosen from members of school board ..... 1089
elects ten of its members to board of education.
1062
on second Wednesday of February ........
548
Queens borough:
nine members.....
........... subd. 3, 1061
chairman or president is member of board of
education.......
...............
1062
chosen from members of school board.......... 1089
Richmond borough :
nine members...
.. subd. 3, 1061
chairman or president is member of board of
education......
108
1062
chosen from members of school board.......... 1089
schools :
school boards may establish, discontinue or consoli-
te................ .....vv...................
1094 550
evening schools. ....
1093
for instruction in English....
1095
high schools........
1096 550, 551
existing, to be continued......
1096 550, 551
to furnish further education to grammar school
pupils..... . .......
1096 551
kindergartens ........
1093 550
manual training schools........
1093 550
separate schools for colored children..
1094 550
such schools not illegal... .....
531, b
trades? schools ......
1093 550
training schools for teachers......
1097 550, 551
controlled by board of education and city super-
intendent....
1097
truant schools..
093
state appropriation:
city clerk to report to assembly ..
chamberlain to receive.......
.......................
1118
550
..........
1118
1597
137
1069
1070
1073
1073
statistics of, to be published annually ........
superintendent of school buildings:
appointed by board of education ......
duties prescribed by rules of board of education ...
oath of office to be taken ....
prohibited from private work..........
qualifications .......
removed for cause ....
salary fixed by board........
............
security fixed by board.......
term of office, six years ....
S .............. ........
vacancy filled for unexpired term
rm .................
1069
1069
538
539
1069
1073
1069
1073
1069
537
539
538
bureaus in boroughs:
board of education to organize........
deputy appointed by superintendent...............
in each borough..........
qualifications ...
execute duties of superintendent, when depu.
1072
1074
1074
1074
539
539
539
539
539
tized ...
1074
......
......
INDEX.
1151
Section.
Page.
· 1069
1070
1078
1069
1069
537
538
541
538
538
541
537
541
1078
1069
1078
Education, department of - Continued.
superintendent of school supplies :
appointed by board ....
duties prescribed by rules of board of education....
oath of office to be taken...... ......
removed for cause........
salary fixed by board........
security to be prescribed by board
term of office six years............
vacancy filled for unexpired term ...
bureaus in borouglis :
board of education to organize..........
deputy superintendents :
appointed by superintendent......
one may be authorized to execute duties of su-
perintendent ....
suppliés :
board of education to provide for....
and make by-laws regulating....
contracts for, to be advertised...........
1072
539
1078
541
1078
541..
540
540
..:
1076
1076
1076
1077
540
540
1078
541
1082 544, 545
1082 544, 545
1082 545
1111 557, 558
depots in boroughs :
board of education may authorize...........
interest in, of school officers :
forbidden ...
penalties .....
authors of school books excepted....
requisitions for........
teachers: (See License to Teach, Retirement Fund.)
absence:
by-laws relating to excuses to be changed......
secretary of board of education to certify monthly,
deductions for ..........
appointment of teaching force.....
charges against:
who may prefer.....
for gross misconduct, insubordination, neglect
of duty or general inefficiency...............
suspension, pending trial........
trial and punishment.......
list of kept by borough board of superintendents....
present continued .....
1083 545, 546
1083 545
1103 554, 555
........
1114
559
.................
1114
1114
1114
1109
1117
1536
559
559
559
557
560
727
....
557
principals:
general duty of ...........................
report to borough superintendent.......
seat in borough board, when...........
supervising, in Queens and Richmond
promotions or transfers .......
by-laws of school boards to be made .......
to another borough .....
resignations made to borough superintendent .....
special teachers, assignment of, etc......
............
standard of qualifications ......
substitutes for suspended teachers.
unemployed may be transferred.
by consolidation of schools ...
yearly contracts with certain, continued to end of
year
Eighteenth ward. (See Wards.)
Eighth ward. (See Wards.)
Elections: (See Supervisors.)
*constitutional provisions:
*election or appointment of city officers not otherwise
provided for ..............
*who are city officers....................
1113 558
1109
1103 554. 555
1113 558
1103 554, 555
1105 556
1110 557 ;
1103 555
1112 558
1104 565
1114 559
1106 556
1110
.......
........
1086
xvii
IVYIUCU
IVI
...
.
.
..
.
.
...
.
..
..
..
..
.
...
..
..
.
.
.
806
806, a
1152
INDEX.
Page.
807,
................
811
271
271
...........
..
...............
Uudios 01 ...........................
...
Poru......
...
..........
362
Elections - Continued.
constitutional provisions — election of city officers — Con. Section.
*section relates to existing....................
*effect on subsequent........
807, f
*no evasion by change of name or division of
duties ...................................
807, g, h
*no extension of term of present officer ...
807, i
*does not forbid transfers of power..........
807, j
*nor creation of new civil districts....
808, X
*effect of section considered..............
808,7
*date for holding elections.......
XX
annual appropriation for expenses of ............... subd. 10, 230 108
364 191-192
367 193
expenses charged on city .........
367
bureau of elections :
controlled by police board ........
part of police department .........
359
powers of former boards vested in police board.
858 189,
superintendent of.... .........
360
chief executive officer
365
duties of .......
365
annual report...
365
term of office, five years .....
362
chief of branch bureau ..
salary of ......
362
office located in borough police headq rters... 366 192
duties of .......
365
removal of superintendent and chiefs...
191
employees ..............
190
salaries of.. ........
Brooklyn employees retained....
.......... ....
363 191
general bureau and branches.......
359
361
366
every four years, of
mayor ...
94
president of council...
members of council ........
comptroller .......
president of borough..
382
every two years, of
aldermen...
to fill vacancies in office of
mayor ......................
comptroller ..........
of county officers, not affected by this act .............. 1584
patrolmen to be detailed to voting places... .......
307
to prevent use of booths for distributing tickets ....
158
to be detailed to bureaus........
360
records:
of consolidated corporations transferred to police
368
registry of voters: (See City Record.)
annual appropriation for compilation and publication
of .....
......... subd. 19. 230
when destroyed. ...
192
362
360,
361
.............
1
97
.....................
997
3017
.......
boards ....
...
...
...
........
*supplementary act of 1897, provisions of:
os erorde
*notice by secretary of state....
*county clerk..........................
*on submission of propositions, etc .....
=
INDEX:
1153
''........
.
..........
.......
.
................ ..........
.............
12
...............
..
18 yen 763
7765
..........
.......
....................
........
.....
................
Elections - Continued.
supplementary act of 1897, provisions of -- Continued. Section Page.
*election districts:
*creation, division and alteration of .........
8 758, 759
*places for registration and voting:
*designation of...........
10 1760
*restrictions and penalties.....
10 : 1760
*furniture .......
10 760
*notice of ......
10 1760, 761
*election officers:
*appointment of
12 761-763
*bi-partisan character .....
12 761, 762
*removal of ..............
12 762, 763
*duties of...................................
*election expenses, payment of ......
18 763, 764
*copies of election laws for official use .......
19 764, 765
*registration lists:
*by street numbers......
........ subd. 3, 32 765
*publication in pamphlet form ... ..... subd. 3, 32 766
*manner of making, etc. ...........
subd. 2, 37 767
*custody of ........
subd. 2, 35 767
*open to public examination ...
subd. 2, 35 767
*penalty for mutilating, etc...
subd. 2, 35 767
*election stationery ............
.......................
....... subd. 1,
1767, 768
*ballots, etc.....
773
*distribution of ballots, etc ..
773, 1774
*nominations:
*certificates of, where filed....
58 768, 769
*times of filing ......
769
*secretary of state to certify
760
*publication of. ....
770
*lists for aldermen, etc...
771
*declinations by candidates
771
*filling vacancies.............
66 1771,
*correcting errors in certificates ......
66 771, 1972
*result of election:
*delivery and filing statements of ..
subd. 1, 113 1774
*in New York city.
...... subd. 2, 113 775
*county board of canvassers.........
130 1775, 1776
*New York city board..............
138 780
*production of original statements...
131 .776
*statement by county board .
135 1776–778
*determination of election by county board..... 136 778
*transmission of statement to secretary of state,
etc ................ ......
779
*sections renumbered ....
1781
*special act for election of 1897:
*boards and officers continued...
782
*election law, applicable to cities of first class ex-
tended to consolidated territory.......
*Hempstead election districts .....
782
*certificates of nominations, where filed. ...
*statements by board of inspectors ...
*boards of canvassers of election ....
*police board, the city board of canvassers ..
*canvass of election by.
1784
*certificates of election ........
784
Electricity:
contracts with city for :
commissioners of public buildings to make........subd. 2, 573 278
inspection of appliances, etc.:
board of public improvements to prepare ordinances,
subd, 10, 416 205, 206
commissioner of public buildings charged with..... 2, 573 278
duties of ............
575 279, 280
.......
................
Su
...............
137
feed
782
...
.
.........
cha con
783
784
o
WULUH Dy.......
Co
73
1154
INDEX.
Section.. Page.
580 281
580 281
575 279, 280
576
280
586
285
Electricity - Continued..
inspection of appliances, etc. - Continued.
in any building.......
certificate of inspection..........................
meters, etc., tested...............................
transportation corporation law, sections 62–64,
repealed............
maps, papers, etc., of former board of electrical control
to be delivered to commissioner of public buildings..
and of commissioners of electrical .subways in
Brooklyn .....
notice of violation of regulations, etc........
overhead wires :
assembly to regulate ..........
!
commissioner of public buildings to decide. ........
in Manhattan and Bronx boroughs :
board of publicimprovements may order removal,
commissioner of public buildings to execute
order, etc.
285
586
580 281, 282
584
284
284
584
581
..................
577
280
284
205
584
mo
....
278
284
584
in Brooklyn, Queens and Richmond boroughs :
board of public improvements may order removal,
commissioners of public buildings to execute
order, etc................
582
585
permit for erection ........
584
procedure for removal..........
583 283, 284
pecuniary interest in :
forbidden to officers and employes of department of
public buildings.....
280
also giving opinions and certificates........
577
penalties inflicted........
580 282
police regulations, sections relating to wires ........... 585
underground wires :
board of public improvements to prepare ordinances,
subd. 10, 416
commissioner of public buildings to control........ 2, 573
to recommend ordinances ..
579
· permit required to break streets..
525 256
subd. 2, 573
procedure in Manhattan and Bronx boroughs....... 581
Brooklyn, Queens and Richmond bor-
oughs.......
582
use of in public places :
commissioner of public buildings controls ..........subd. 2, 573
Eleventh ward. (See Wards.)
Ellis island: (Also called Bucking Island.)
part of Manhattan borough..
....... ....... subd. 1. 2
*first assembly district...
*first district of municipal court ............... subd. 1. 1360
*first ward
Emigrants:
boarding-house keepers to be licensed
and give bond, $3,000 ...
license may be revoked....,
347
brokers of emigrant passengers to be licen
348
police to assist.......
runners to be licensed ...
349 179, 180
and give bond, $300...
349
license may be revoked......
proceeds paid into city treasury ...
Employes. (See Officers of Corporation.)
Engineer. (See Steam Boilers.)
Ergot, retail sales of, regulated ............
1516715, 716
282
.
................
347
347
179
179
315
349
349
179
180
INDEX.
· 1155
255
28
145
Section. Page.
Estimate and apportionment, board of: (See Appropriations,
Art Commission, Assessments for Local Improvements,
Bonds, Bridges, Bronx, Budget, Buildings, Charitable
Institutions, City Magistrates, City Record, Commissioners,
Contagious or Infectious Diseases, Correction, Depart-
ments, Docks, Education, Excise Moneys, Health, Ice and
Snow, Markets, Municipal Courts, Parks, Police Depart-
ment, Public Charities, Salaries, Sewers, Sinking Fund,
Street Cleaning, Streets, Taxes and Assessments, Tunnels,
Water Supply.)
what officers to constitute ....
226 103
124
constitutionality of statutes creating board ...
105, a
meetings of .......................................
226 103
presiding officer and secretary of..............
226 103
to make an annual budget. (See Budget.) ......
226 103
to determine how payment to be made of expenses for
1898 ..........................
10
Ether, manufacture and storage of ..............
764 358, 359
Evening schools. (See Education, Department of.)
Evidence: (See Docks, Department of.)
copies of papers and transcripts filed with city clerk.... 28
16
records of proceedings of municipal assembly ..
16
copies of laws and ordinances....
16
minutes not conclusive evidence........
16, a
certified copy of ininutes of police board .......
298
rules of street cleaning department........
537 263
Excise moneys:
appropriations of, for support of poor ...
240 120
to Home for Girls..........
238 120
payments from:
to fire department relief fund...... ..........subd. 7, 789
police department pension fund.......... ...subd. 7, 353 183
Eye and Ear Hospital of the City of Brooklyn, appropriation
for........
......subd. 24 (23), 230
Execution:
against city:
not to be issued until comptroller has ten days'
notice ..............
Executive department....
(See Mayor.)
Exempt Firemen's Benevolent Fund Association of Twenty-
third Ward, etc.:
to collect taxes on foreign insurance companies ...
381
render sworn statements.....
381
payments by .........
808 381, 383
report to state comptroller ...
383
Exemption from taxation. (See under Taxes.)
Exhibitions. (See under Theaters.)
Explosives:
criminal liability for death from ....
fireworks, when to be sold at retail...
359
permit to be issued........
764 359
licenses to sell ......
1763 357
conditions of.... ....
................. ..
1763
fee may be exacted. ......
358, 0
iusurance companies punished for indorsements on poli-
cies ....
1767 361, 362
manufacture of nitro-glycerine, dualin and gunpowder
forbidden ...........
1763357
of fireworks, collodion, etc., regulated
764 358, 359
quantity allowed, restricted ...
763 1357
764 358, 359
statutes are police regulations,..
358, a
371
114
264
94
IUS.........................
VVV
CU
CUDNUTUITI
.
.
.
.
.
.
.
.
...............
. • • • • • •
1767
764
361
...........
357
...
......
1156
INDEX.
Page.
358
358
358
3517
Explosives - Continued.
Section.
seizures:
to be made on discovery.........
763
sale of, on three days' notice.........
763
payment of proceeds ...
763
storage to be provided by fire commissioner.....
763
vessels in Harbor containing:
regulations for. .......
763
ressels of war excepted, when ........
763
Expressmen. (See Licenses.)
F.
Fat:
boiling in tenements........
.... 1311, 1312
rendering, license for.......
.........subd. 27, 49
Feeble-minded. (See under Insane.)
Fences. (See Partition Fences and Walls, Lots.)
Ferries : (See Docks, Department of, Water Meters.)
assembly to establish and regulate......
388
391,
397–398
398, b
398, a
398, e
397
826
397-398
398
398
398, a
398
95, f
826
398
398,
authorize bonds or loans for....
with previous approval of board of estimate .......
board of docks :
have charge and control ......
franchise or exclusive use for ferries cannot be
granted by .....
leases :
board of docks to lease franchise .......
826
more than one franchise may be in same lease......
no injunction against, except for fraud, etc .......
not because lessee has no power to operate ....
by auction or on proposals, etc .......
826
term or renewal not to exceed ten years...
826
commissioners of sinking fund to approve . ..
appurtenants ........
826
leased with franchise in one parcel...
rents paid into sinking fund ..............
826
void, if at nominal rent....................
canal boat territory excepted..........
taxation of extra-territorial landing place.....
Fifth ward. (See Wards.)
Fifteenth ward. (See Wards.)
Fighting in streets. (See Disorderly Conduct.)
Filling lots. (See Lots.)
Finance, department of: (See Counties, Stages.)
annual estimate of expenses and salaries.
accounts of other departments subject to inspection and
revision by .......................................
149
commissioners of accounts, appointed by mayor, also
examine. (See Commissioners of Accounts.)
auditing bureau: (See Contracts.)
duties of .. .. ....................
....................subd. 4, 151
chief officers, called auditors of accounts..........subd. 4, 151
deputy auditors may be appointed............subd. 4, 151
appointed and removed by comptroller .......subd. 4, 151
number and salaries fixed by comptroller ....subd. 4, 151
detailed to different boroughs................subd. 4, 151
other inferior employes appointed by comp-
troller............
........subd. 4, 151
former power over contracts of county of New
226
104
York ........
....
not the same as commissioners of accounts. (See
Commissioners of Accounts.)
bureaus of... .
collection of city revenue and of markets. (See
Markets) .......
151
67
........subd. 1, 151
· INDEX.
1157
Page.
731
.........
91
Finance, department of — Continued.
bureaus of — Continued.
Section.
collection of taxes. (See Taxes.). ................subd. 2, 151
collection of assessments and arrears. (See Assess-
ments and Arrears.)......
.........subd. 3, 151
auditing bureau ........... ...................subd. 4, 151
reception and safe-keeping of money. (See Cham-
berlain.)..... ............:••
.........subd. 5, 151
chamberlain: (See Amusements, Assessments, Banks of
Deposit, Bird's, Bridges, Money Paid into Court, Pub-
lic Charities, Sinking Fund, Taxes, Vaccination.)
chief officer of bureau for reception and safe-keeping
of moneys paid into city treasury...............subd. 5, 151
appointed as heads of departments are............. 194
that is, by mayor .............
118
1543
term of office, four years ........................
194
salary, $12,000....
196
bónd for $300,000 and four sureties....
194
action on, prosecuted by attorney-general.
194
or the city..........
194
report to assembly ........
195
mayor and comptroller...................
196
receives all money paid into city treasury....
195
to credit of general fund unless otherwise ap-
propriated) ......
216
accounts closed on last day of November
195
examined by commissioners of accounts........ 195
books of account to be kept ........
196
appoints and removes deputies, clerks and assistants, 196
salaries, limitation on .............
196
fees of chamberlain.. ...................
198
belong to the city......
198
liability of chamberlain for investment..
none for investment by predecessor............
the same as a county treasurer................
collection of city revenue, bureau of: (See Markets.)
chief of, called collector of city revenue and superin-
tendent of markets. ........................ subd. 1, 151
comptroller : (See Amusements, Appropriations, Assess-
ments for Local Benefits, Auditing Bureau, Banks of
Deposit, Bridges, Bonds, Buildings, Claims Against
the Corporation, City Record, Contracts, Correction,
Docks, Education, Emigrants, Fire Department, Ice and
Snow, Leases, Markets, Municipal Courts, Police
Department, Printing and Stationery, Public Chari-
ties, Salaries, Sewers, Sinking Fund. Street Cleaning,
Streets, Taxes, Wages, Water Supply.)
head of department of finance..
elected at general election ........
term of office, four years.........
salary, $10,000. .......
removed by governor, as sheriffs are........
may be suspended, during investigation ..
vacancy in office, filled by màyor...
a continuous office ......
member of board of aldermen.....
board of public improvements .........
410
board of estimate and apportionment .......
deputy comptroller:
appointed and removed by comptroller........
powers and duties of........
designated by mayor to act as comptroller, when,
corporation counsel, legal adviser .......
255
...
...............
91
......
88, a
88, 6
197
67
45
65,0
14
25
202
226
103
150
150
66
150
66
66
124
125, f
1158
INDEX.
Page.
65
....
........
..
Finance, department of — Continued.
comptroller - Continued.
Cection.
duties of comptroller:
assent required to purchase of real estate ..
149
claims against city must be presented to him for
adjustment....
261
form of monthly return of costs and commissions
collected by bureau for recovery of penalties
prescribed by........
....
259
statement of city finances published by, two
months before election .....
161
statement of fund for street openings, to be re-
ported annually.........
175
statement of unexpended balances to be made
to each department weekly ......
149
notice to, of confirmation of award for land, etc.... 149
of recovery of judgment against the city ....... 264
all papers for commencing action against city may
be served on.............
263
payment by, when not authorized, can be recovered
by the city ....................................
expenses of city :
for 1898, how paid .....
certain, paid out of proceeds of special revenue
bonds......
............ subd. 8, 188
fiscal concerns of corporation controlled by........
funds existing January 1, 1898, transferred to the city....
payments on behalf of city :
manner to be prescribed by department.......
no payment without warrants....
...................
auditing bureau must allow ......
vouchers to be filed ...
necessary....
except in case of judgments............
195
warrants, how drawn......
195
comptroller to sign, ...........................
mayor to countersign ...................
195
subd. 5, 157
......
.............................
149
195
........... ............
........................
given only to contractor ........
paid by chamberlain...
unless appropriation is exhausted.......
checks to be signed by chamberlain .......
62 -
and attached to warrants.....
examined and reported on, annually ...........
receipts for, prima facie evidence of.........
mandamus will not lie to compel payment of appropria-
tion to a department....
statistics of revenue and expenditures of the city, to be
published annually............
137
Financial statement before election. (See Comptroller.)
Fines : (See City Prisons, Courts, Disorderly Conduct.)
defendant may request special sessions to change to im-
prisonment .....
.......... subd. 2, 1406
Fire-arms :
assembly to regulate the use of fire-arms, guns and
pistols .......
... subd. 11, 49
pistols, permit to carry ...........
• subd, 8, 353
fee to be paid into police pension fund...
.... subd. 8, 353
Fire department: (See Buildings, Explosives, Foreign Insur-
ance Companies, Licenses, Petroleum.)
commissioner :
head of department .
105
720
680
339
INDEX.
1159
.................................
'14
1723
723
1724
343
343
1731
728
348
treg
.......................
Fire department - Continued...
commissioner -- Continued.
Section.
Page.
appointed by mayor........
105 48
720 339
term of office, six years.....
105 84
salary, $7,500.......
720 339
not agent of city....
340, a
member of board of aldermen...............
treasurer of department ...
340
bond, $100,000....
340
duties of ......
731 343
powers of ... ...
340
actions :
commissioner may institute....
731
in any municipal court........
731
assistant corporation counsel to have charge....
343
in name of commissioner for violation of fire laws, 773 365
annual estimate of expenses and salaries ............... 226 104
assignments to duty .....
...............................
341
battalion chiefs, salary of .... ..........................
740
bureaus:
commissioner to organize ...,
727 341
preventing and extinguishing fires ............ 727 341
combustibles ....................
727 341
origin and cause of fires .......
727 341
appoints heads and assistants in ...
728 341
captains or foremen of companies, salary
740 348
chief of department:
head of bureau of preventing and extinguishing
727 341
salary ......
740 347
deputy chiefs of departments:
salary ..............
740 347, 348
deputy commissioner:
to manage department in Brooklyn and Queens . .., 1721 339
detail to theatrical performances .....
762 356
engineers of steamers:
salary, $1,600. ..................................
740 348
exemption from military and jury duty.
1736 345
arrest on civil process. ...
1736
.......
subpoenas froni civil courts . ............
736 345
expenses of department:
commissioner's authority in incurring ..........
343
fines on members of force:
commissioner may inflict....
1739 345
not more than ten days' pay for one offense .... 1739 345
payable to relief fund.... .........subd. 2 and 6, 789 370. 371
for absence without leave...
...subd. 6, 789 370, 371
fire marshals: (See Arson.)
two appointed by commissioner
1779
principal officers of bureau
1727 341
branch office in Brooklyn . ...
727 341
salary, $3,000......
1779 366
devolution of powers of former...
aer... ................
1779 366
powers and duties of ...........
...... ' 780_782 367-369
369, a
reports on fires...
781 368, 369
rules and regulations for, to be made by commis-
sioner .................
783 370
gifts, rewards, etc.:
commissioner may allow ......
.... ....subd. 3, 789 370
balance to go to relief fund.......
......subd. 3, 789 370
medals, etc., may be endowed .......
etc., may be endowed ..................subd. 3, 789 370
inspector of conbustibles ;
head of bureau ....
7217 341
salary, $3,000...............
1727 341
345
731
e.................
366
Ібо
INDEX.
Section, Page.
361
343
343
...................
375.
375
376
1732
344
343
1765
359,
0
Fire department - Continued.
legislation, clubs, etc., to influence, forbidden.......
739
lieutenants or assistant foremen of companies :
salary.........
740
licenses :
commissioner issues, for sale of explosives.......... 763 357
for petroleum, etc...
766
commissioner to collect....
............
731
proceeds applied to relief fund........
731
life insurance fund:
composed of New York life insurance fund
792 375
and Brooklyn relief fund
792 375
benefits continued...,
792
deductions for pay continued...
792
payments from.......
792
deficiency in.. .................
1792 376
nomination to any elective office vacates position in de-
partment ...
732 944
unless declined within ten days.. ...............
offices :
commissioner to provide... ....
1730
pensions :
where member has been retired for total disability.. 390 372, 373
allowance in case of partial disability...
390
after twenty years' service.
390 373, 374
to'widows, etc., of members ....
791 374,
trustee may terminate.....
791
to children or dependents.......
791
provision for members of former departments...... 791
permits :
commissioner issues for fireworks, etc.............,
764 359
for petroleum, etc ......................
for storage of chemicals, etc .......
769 362 363
and certain vegetable products.
1770
applicants to furnish information.......
1772
personating fireman a misdemeanor.......
733
punishment.......................
733
police department, co-operation with .......
741
political contributions forbidden .
739
club, membership in forbidden
1739
property :
city owns .. ..........
724
custody in department......
..........................
724
managed by commissioner ...
1726
not needed by department, surrendered.
1724
provided by cominissioner ...
725
relief fund:
existing fund......
.subd. 1, 789 370
fines upon members .....
....subd. 2, 789
rewards, gifts and testimonials............ subd. 3 and 7, 789
370
proceeds of suits for penalties.....
......subd. 4, 789 370
licenses ........
subd. 4, 789
sales of condemned property... .... ..subd. 5, 789
deductions for absence from duty...
..subd. 6, 789 370,
ten per centum of excise moneys.... .......subd. 7, 789
proceeds of seizure of gunpowder, etc.
payments now made to fund......
...... subd. 77, 789
appropriation for deficiency ...... ..........subd. 7, 789
costs and expenses of extinguishing certain fires ... : 761
· percentage of tax on foreign insurance com-
panies in Brooklyn......................subd. 1,
and in Manhattan .........
808
trustee, commissioner is.......
......... subd. 77, 789
duties of ........
.........subd. 19, 789
treasurer:
to give bond..........
..........subd. 7, 789
ts...
...
....
* 9 **BERE AI 3 PERECHE ********** ***** REZERELEREST TREE E
346
370
..... Suba
763
INDEX.
1161
Section.
8.92
.....
........
347, 9
739
..........
789
........
372
Fire department -- Continued.
relief fund - Continued.
Page.
permanent fund .........
.......subd. 7, 789
payment to life insurance fund..... ..........
792 376
removal from force:
written charges must be preferred.........
1739 345
only removals in invitum referred .............
346, a
benefit of law may be renounced ..........
346, a
transfer to another class of duties not a removal,
347, ko
retransfer not a removal, when to correct an
error .........................
346, 6.
no prescribed form of words ....
347, i
want of skill causing no harm ...
346, e
non-payment of debt through inability..
346, J
excessive use of intoxicating liquor,..
public hearing ..............
345
claim of insufficient must be made......
347, ;
commissioner or deputy to hear....
739 346
powers similar to police commissioners.... ...
247,h
commissioner must approve. .....
346
review on certiorari:
not if evidence legitimately supports .........
347, 7
no modification of order if proceedings regular,
347 m, n
unless absence of evidence....
347, o
resignation of members:
forbidden without permission .......
1735 345
unexplained absence of uniformed member. ....... 1735 345
retiring members of uniformed force:
commissioner has power to order medical examina-
tion .......
....
790 372
decides whether to retire or relieve from active
duties ........
duties in case of partial disability ....
373
pension or allowance in lieu of salary ....
790 372, 373
salary cannot be recovered if retirement was
void ........
346, C
twenty years service ....... .......................
790 373, 374
consolidation not to affect accrued rights....... 1790
rules and regulations :
commissioner to prescribe....
1739 345
penalties for disobedience...........
739 345
present continued until changed..................
739 346
sanitary surveyors ........
765 360
sappers and miners :
commissioner to maintain the corps ..........
750 351
members' apointed .
1750 351
..........................
instructor appointed.........
750 351
salary and duties......
1750
duties of corps .........
752 351
depot of explosives for......
753 351
seal may be adopted by commissioner...
730 343
suspension from force, no power of indefinite........
346, d
telegraph :
commissioner controls
..........................
1729 342
defacing poles, etc....
........................ .......
1729 342
duplicate keys of boxes ........
729 342
false alarms.......
729 342
imitating colors of poles, etc.
729
kites not to be flown adjacent to.
1729 342
penalties .......................................
729 342
use of, restricted ..... .............
729 342
uniformed force :
consolidation of forces of former cities..
722 339
transfers, etc., not made on consolidation...... 1536 1727
four grades .........
348
members of former departments to retain grade .... 740 348
351
.......
....
342
0
1740
1162
INDEX.
Page.
344
734
.............
57
344
349
344
339
340
1722
1722
ses..........................
......
Fire department - Continued..
uniformed force - Continued.
Section,
oath of office,..,..
promotions in.....
728 341
on recommendation of chief...,
728 341
no existing right taken away by civil service law, 125
qualifications of...
734
salaries. .......
740 348, 349
paid monthly .........
1740
warrant of appointment......
737 345
uniforms, badges, etc.:
commissioner to prescribe............
733 344
not to be worn by others ....................
1733 344
punishment.................
733
volunteer force:
abolished in Queens and Richmond as soon as prac-
ticable ................
722
benevolent associations continued............
722
payments continued until abolished ...,
722 339
preferred for appointment in paid department...
340
purchase of apparatus, etc....
339
water front:
sufficient to be set aside for use of department..... 838
Fire districts. (See Fires.)
Fire-escapes, in what buildings placed...............
499 240
243, a, b, c
on tenement-houses .......
651314
· Fire hydrants. (See Fires.)
Fire marshal. (Šee Fire Department.)
Firemen's association :
percentage of tax on foreign insurance companies paid to
for benefit of home at Hudson .........
808 380, 381
subd. 2, 809 - 384
Fire-proof shutters and doors ...
487 231-232
Fires: (See Chimneys, Explosives, Hoistways, Lights,
Petroleum, Shavings.)
alarms:
false, over telegraph, penalty .......
theaters, churches, etc., to have means of sending ..
and hose, etc ...........
criminal liability for death by burns:
caused by violation of law relating to explosives, etc. 767 361
destruction of buildings to prevent spread of fire:
commissioner may order.............
1754
sappers and miners to execute order....
...............
not an act of eminent domain .................
352,
damages for:
proceedings assimilated to those for taking land, 754 352
none except to owner of building.....
352, a, d, !
officials do not act for the city .................
none where building would have burned ......
353, f
353, 9
no trespass if by private individual................
30
districts may be enlarged and established by assembly...subd. 31, 49
340
extinguishment of, department has exclusive power ....
hose bridges over railway tracks ...........
749
hydrants :
water supply .....
subd. 1, 470
not to be obstructed .........
1750
penalty. .......... ......... . ... ............
fire commissioner to keep from freezing ....
750
idle persons, etc., may be removed from fire ..
inflammable merchandise regulated.............
investigation of origin :
commissioner may investigate...................
779
or direct fire marshals . .........
and supervise their investigations....
783
767
352
351 !
1752
352,5
724
755
764
779
INDEX.
1163
.......
.........
................
781
FEE BEEEEEEEEEE223
1782
SS
..........
.....
779
1782
782
369
315
1741
Fires - Continued.
investigation of origin - Continued.
Section.
Page.
Brooklyn or Queens cases heard in borough...
779 366
what may be investigated......
1779 366
duties of marshal ....
1781 368
powers of marshal ........
369, a
books and papers to be produced.......
1779 366
evidence not to be used in a criminal proceeding.... 1979 366
may be laid before grand jury ................
1779 366
oaths to be administered...
779 366
368
369
proceedings to punish witness ....
779 367
report of matters requiring attention ...
781 368
subpoenas may be issued ...........
366
corporation counsel to procure .........
1779 366
out of Supreme Court ...........
1979 366
also by fire commissioner ........
369
and marshal. ...
kindiing in streets regulated...
760 353, 354
police:
to attend at fires ......
163
and co-operate with firemen ........
349
prevention of fires ...
760-773 353-365
regulations:
municipal assembly has general power over........
47 25
ordinances must originate with department con-
cerned ........................................
47. 25
amendment by assembly of proposed ordinance for-
bidden ......................................
47 25
when reasonableness may be questioned............
364, a
valid order may be made by department, without
previous notice .......
364, 6
special prescribed for prevention of fires ............ 760-770 353-363
duties of fire department ........
..............
762 355, 356
1771 363, 364
duties of applicants for permits .........
772 365
penalties
1773 365
364
rewards to informers ......
1773 365
action for penalties in district where offense com-
mitted......
..........subd. 5, 1370 666, 667
right of way:
officers and men of department have, when on
duty ......................................
1748
U. S. mail wagons excepted .................. 748
statistics of, to be published annually ........... 137
Fire regulations. (See Fires.)
•••
1771
Firewood:
31, i
• assembly may provide for inspection, weighing and
measuring......
...... subd. 2, 49
and cartage....
.............. subd. 2, 49
Fireworks : (See Explosives.)
assembly to regulate ........
subd. 11, 49
cannot authorize if a nuisance.....................
First ward. (See Wards.)
Fish:
act regulating sale of salmon trout, etc ................
Five Points House of Industry :
appropriation to .......
......... subd. 18, 230
schools of, to participate in school fund....
1152
Flags. (See Banners, Placards and Flags.)
Flagging pavements. (See under Streets.)
Flatbush, former town of :
*twenty.ninth ward of Brooklyn.....
xxix

946
:
113
569
xxix
851
1164
INDEX.
.......
...
...
24
Flatlands, former town of :
Section. Page,
*thirty-second ward of Brooklyn.........
Xxxii 852
Flax, storage of, regulated ....
769 362
1770 363
Floating dry docks authorized ............
870 417, 418
principles examined ..
396,6
Floating baths, free public. (See Baths.)
Flower Surgical Hospital. (See N. Y. Homoeopathic College.)
Flues. (See Buildings.)
Flushing. (See Debt, Sinking Fund, Property Clerk, Super-
visors.)
assignment of officials on consolidation..
1536
consolidated in city of New York........
constables abolished January 31, 1898...
1424
elects one alderman with Jamaica and Hempstead..
town abolished................
1581
ward three of Queens borough.......
1581
Foreign consuls, notice to, by public administrator ........
Foreign insurance companies. (See Insurance Companies.)
Foundations. (See Buildings.)
Foundling Asylum of Sisters of Charity :
appropriation for......
........ subd. 8, 230 110
Fountains, public. (See Streets.)
Fourteenth ward. (See Wards.)
Fourth ward. (See Wards.)
Franchise: (See Ferries, Property, Street Railways.)
*constitutional prohibitions on legislature.....
iy
no extension by consolidation of municipalities......... 1538
grants must be by ordinance ........
proceedings for passage of ordinance ...........
........
72
vote required .....
to pass over mayor's veto .....
vote on terminating .......
coccio
renewal or extension of, similar proceedings........
laws, certain, not to apply to grants .......
ordinances to be passed to carry laws into effect.......
statistics of those granted to corporations, to be published
annually ......................
use of streets, avenues, parkways or highways, not to be
granted for more than twenty-five years ............
renewals on revaluation .......
disposition of plant and other property ...........
valuation, how made . ..
when city to operate or lease......
Free academy. (See College of the City of New York.)
Free German school, exemption from taxation ....
Friendly Society of St. Ambrose church :
exemption from taxation.. ....
Fund for street and park openings. (See Streets.)
Fuel for public offices. (See Public Buildings.)
Furniture for public offices. (See Public Buildings.)
................
439, 16
438, 19
164,
Gaming houses :
suppression of ...
315
318 164,
arrest of offeriders....
318
ordinances suppressing, may be enacted ............. subd. 30, 49.
powers of local boards..............................
Garbage :
removal of from streets, commissioner of street cleaning
controls ..
.......subd. 1, 534
but on dock, the department of docks .......
540
393
INDEX.
1165
Page.
...............
...........
120
.......
259
........
..
27
411
280
Garbage - Continued.
Section.
contracts for removal of, to be approved by board of es-
timate ........
239
may be cremated ........ .........................
541 265
receptacles for, separate from ashes
1223 602
on sidewalks :
commissioner of street cleaning to make regula-
tions....
...............subd. 2, 534
for garbage receptacles.
1223
602
approved by board of public improvements and
assembly ......
.......subd. 2, 534 259
published like ordinances ....... ........subd. 2, 534 259
29 16
enforced by police ...
..........subd. 2, 534 259
in streets, power of assembly .......
........subd. 6, 49
not to be thrown into....
1456 698
Garden, zoological and botanical, in park. (See Parks.)
Garden produce.
certain docks set apart for ....
858
Gas :
contracts with city for :
commissioner of public buildings to make .......subd. 2; 573 278
location of public lights :
commissioner of public buildings charged with...subd. 2, 573,
pecuniary interest in manufacture, etc.:
forbidden to officers and employes of department of
public buildings ......
5717
also giving opinions and certificates ........
5717
pipes :
buwad of public improvements to prepare ordinances
to regulate laying down ......................subd. 10, 416 205
commissioner of public buildings to control. ..... 2, 573 278
permit necessary for laying down in streets.......
525 256
price of, in Queens and Richmond, not affected........ 1539
tests and inspections :
board of public improvements to prepare ordinances
to regulate ......
......subd. 10, 416
commissioner of public buildings to control...... 2, 573
duty of ...........
575 279
gas tested ............
578
penalty for impurity ..........
578
meters, etc., to be stamped or marked..
575 280
transportation corporations law, sections 62-64,
repealed ...........
576
use of in public places :
commissioner of public buildings controls.........subd. 2, 573 278
Gasoline. (See Petroleum.)
Gas-pipes. (See Gas.)
Gates Avenue Homeopathic Dispensary, appropriation for ..
subd. 22 (23), 230 114
German hospital:
exemption from taxation ........
Glass not to be thrown in streets..............
440, note
1456 698
Goats, not to be kept in tenement-houses......
..............
1312
Governor. (See National Guard.)
638
Governor's island: (Also called Nuttin island.)
*first assembly district includes...... ... ...........
806
part of Manhattan borough....
......... subd. 1, 2
first district of Municipal Court.
.....subd. 1, 1360 659
*first ward...........
Gravesend, former town of :
1729
205
278
...............
...........................
281
281
....
280
.....
836
*thirty-first ward of Brooklyn...........
xxxi 852
Gun cotton. (See Explosives.)
Gun powder. (See Explosives.)
Guns. (See Fire Arms.)
Gutters and gutter stones. (See Streets.)
urt................
.......................
...
1166
INDEX.
.
.: H.
Hacks and hackmen: (See Licenses.)
Section. Page.
assembly to regulate rates of fare ...
....... subd. 27, 49 29
Hand bills. (See Advertisements.)
Harlem river:
cession of lands to federal government .......
218 102
extension of time for building docks by owners of up-
lands..............
877 418, 419
Harlem river improvement. (See Parks.)
Harlem speedway excepted from jurisdiction of board
of docks......
819
390
Hart's island:
when under control of department of correction ........ 695 328
burial of paupers .....................................
695
transfer of misdemeanants to........................
696 328, 329
Hawkers: (See Licenses.)
assembly has power to license
.........subd. 20, 49
occupation must clearly appear to be such.........
sale of farm produce may be restricted to certain hours..
32,
Hay and straw:
assembly to provide for inspection, weighing and meas-
uring ........
..........subd. 2, 49
and cartage .........
.............subd. 2, 49
not to be cast in streets...........
1456
storage regulated ........
770
Health : (See Animals, Ashes, Births, Bone Boiling, Conta-
gious or Infectious Diseases, Dead, Deaths, Garbage, Lots,
Marriage., Milk, Nuisances, Provisions, Tenement Houses,
Vessels.)
arrest for violation of law, etc. :.
board of health may order.........
1263 615
hearing before magistrate ............
1263 615
on complaint to magistrate by citizen......
1265 616
trial may be removed to special sessions...... 1265 616
on view, by police or officer of department...
1264 - 616
prompt action required of courts..
1269 617, 618
claims for expenses :
board of health may assign to person executing
orders......
1275
1279
suits to enforce .......
1277
1279
construction of chapter nineteen of charter :
remedial statute....
1325 650
existing rights or liabilities not affected ...........: 1325
repeal of inconsistent laws......... ...........
1325 650, 651
duties of owners, lessees and occupants :
to keep all places clean....
1275
all places and things not to be prejudicial to life or
health... .......
1201 592, 593
create a joint and several liability.,
1276
expenses incurred by board of health :
sworn statement to be filed among records of depart-
ment..........................................
1279 620,
may be apportioned amongst several persons....... 1279
inspections :
health officials to have free entrance to make ...... 1188
1199
of public buildings, places, plans, etc..............
1184
586
sick persons who have been reported to board......
stores, etc., containing unsound articles............
ships, etc., likely to communicate disease......
1184
liability for acts done for preservation of health :
city mav be sued.......
1196
within six months...........
Coco
618
2
619
621
650
618
619
588
592
1184
586
1196
INDEX.
1167
Page.
Section.
1196
1196
590
590
591, a
Health – Continued.
liability for acts done for preservation of health -- Con.
no personal liability of health officers .....
if acting in good faith with ordinary discretion,
property must be shown to be dangerous........
liens for expenses :
on land :
on filing notice as for mechanic's lien..........
also similar proceedings.... ..
duration of lien.....
discharge of, board of health has power over all
liens ...............
1278 619, 620
1278 620
1278
620
......................
..........
On fent...........
.........................
1198 591, 592
1276 619
1279 621-623
1280 623, 624
1281 624
remedies of lessor......
procedure in lessor's action .....
regulations : (See Department of Health.)
reports :
1169
1169
576
..........
576
0
1262 613-615
certain institutions to report when required........
and places of amusement........
violation of health laws, orders, etc:
punishment of........
Health, department of: (See Boarding Houses, Buildings,
Contagious or Infectious Diseases, Coroners, Cotton,
Drains under Sewers, Docks, Hides, Lodging Houses,
Markets, Medical Attendance, Nuisances, Offal, Offensive
Trades, Pestilences, Physicians, Privies, Provisions, Rags,
Sinks, Vaccination, Vessels.)
board of health:
uvad of department ...........
“board” and “department” synonymous .........
of whom constituted. .......
109
1167
1323
109
1167
49
574
650
49
574
1168
'575
1195
590
1168
jurisdiction of board........
exclusive ...
not to interfere with commissioners of quaran-
tine ......
or health officer of the port ..............
devolution of powers .................
duty of board to enforce laws .......
to prevent spread of disease ...
three commissioners to be appointed by mayor
1168
1168
1169
0
0
1219
575
425
575
576
600
49
574
49
49
....
109
1167
109
109
1194
109
1194
589
............
...
...................
...
..
..
two to be physicians ...
term of office, six years...............
: salary, $6,000... ..................
president......
salary, $7,500.....
member of board of aldermen...
secretary ...............
salary, $5,000....
duties.........
signature to be judicially noticed
chief clerk of department............
salary, $3,000 ..........
also clerk in each borough ......
signature to be judicially noticed... ...........
certification of, same effect as secretary's .....
actions by or against :
general provisions ......
1182
1194
1182
1173
1182
1194
1182
1173
1182
...................
..
590
585
580
585
pending actions........
in what courts........
no abatement .........
speedy determination ....
1192 589
1259 612
1259 612
1262 614, 615
1 262 615
1269 617, 618
100
........
...................
1168
INDEX.
..............
575
-47
584
585
589
588
....................
585
.....................................
Health, department of - Continued.
Section. Page.
annual estimates of expenses and salaries..
226 104
annual report to mayor..
1168
additional reports to mayor ...........
1168 575
badges to be prescribed and worn ...
1187 587, 588
by-laws, rules and regulations :
power and authority of board to adopt.........
1174
assembly has general power ...... ...........
ordinances must originate with department.....
amendment of proposed ordinance forbidden.......
bureaus (two):
sanitary superintendent head of one.
1179 583, 584
qualifications .......
1179 584
salary, $6,000...............
1194 589
assistants in boroughs.., ..
o .......................
1181
powers delegated to ...
1182
salary, $3,500.........
1194
duties. of officers ........
1183, 1184 586
registrar of records head of other ....
1179 584
appointed by board .....
1190
salary, $4,000 ...................
1194 590
assistants in boroughs...............
1181 584
1190 588
salary, $3,000.........
1194 590
records of births, marriages and deaths.
1179 584
and inquests by coroners ....
1179 584
in each borough ......
1181
complaint books :
board to keep ......
1200 592
elvezes in ..
1200
corporation counsel:
legal adviser of department....
255
assistant assigned to department
1193
examination of persons and papers before justice of Su-
preme Court:
board may apply for..
1257 611
conducted by justice .............................
1257 611, 612
procedure ................. .......... ....
1257 611, 612
application for, by interested party ...............
1258
expenditures: (See also under Health, ante.)
board must authorize......
1195
additional, incurred by board .......
1180
in executing orders, etc.......
.1197 591
1298
632
· for extraordinary, in prevention.....
1177
of police assistance.....
ce................... ....
1202
health officer, co-operation with......
...................
1169 576, 577
injunctions:
notice of application for, against department..
1260
no undertaking required of department.......
oaths:
who may administer ...
1189
penalty for false swearing........................
1189
officers and agents:
board appoints all ...... .................
1323
offices:
to be established by board ...........
1180
584
1181
584, a
in police buildings ..
borough offices to be established ..
1181
main office in Manhattan .....
1181
orders of board:
arrest for violating ........... .....................
disobedience, punishment for....
I.....................
1262 613-615
when no penalty...........
..."
Or..............................
612
590
..................
584
583
593
613
1260
...........
585
584
585
1263, 1264 615, 616
579, d
INDEX.
Інбо
579
........................
1337
1337
.
651
651
..................................
Health, department of - Continued.
orders of board - Continued.
Section Page.
executed by officers of department ..
1197 591
board may compel others .......
1198 591
obstructing execution, punishment....
1262 613–615
presumption of legality, orders, etc....
1173
1261 613
prima facie just.................
1173 579
1261 613
service of, how made....
1224 603
pension fund :
child under eighteen, pension for....
1334 652, 653
employe disabled in performance of duty, pension
for................
1333 652
certificate required........
1335 653
fund in charge of trustees ...
1331 651
wbat moneys included in
.............
1332 652
pension not obligatory ......
1337 654
exception......
654
report to mayor annually
1331 651
revocation of pensions........
1337 654
exception.................
654
no salaries for services to fund........
1331 651, 652
trustees, board of health................
1331
chuirman and secretary annually elected by
board .......
1331
powers of...
1331
1337
twenty years' service pension ..........
1336 653, 654
1337 654
widow's pension .......................
1334 652
no personal liability for official acts done in good faith.. 1196 590
personation of officer of department ........
1617
police department:
to assist ......
310 160
315 161
to arrest for violations of health laws ...,
311 160
1264, 1265 616
sanitary company ........
312 161
650
supervised by sanitary superintendents.......
586
quarantine officers, coöperation with .......
1169 576, 577
proclamations of disease..
1220 601
extension of period ... ....................
1228 604, 605
records, where kept, ....... ............... ...
1181 585
inspection of ... .......... ......................
1175 580
papers filed deemed entered on minutes . .
1262 615
repeal of inconsistent laws.......................
1339 654
reports to board, etc.;
penalty for false .........................
1266 6117
or bribery to make false ...........
1266 617
salaries of employes fixed by board..............
1194 590
1195 590
deductions for misconduct ...
1180 584
sanitary code: (See Animals, Vaccination.)
present, of New York adopted ....
1172 578
amendments, etc., authorized........
1172 578
to be advertised ......
1172 579
legislature may authorize adoption.......
579, a
certified copy, presumptive evidence ...........
1172
receptacles for ashes and garbage ........
602
suits for penalties in district where violation oc-
curred
........ subd. 5, 1370 666, 667
violation of:
..........
1172 579
1222 602
1267
1324
1183
579
1223
VAL
O
L
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
..
.
.
.
.
.
.
.
.
.
.
74
1170
INDEX.
587
587
................
587
576
167
Health, department of - Continued.
sanitary code — violation of — Continued.
Section. Page.
punishment prescribed by Penal Code . ...
579,
penalty .......
579
1222 602
sanitary inspectors, number and appointment of....
1186 586, 587
are not regular clerks or heads of bureaus within
$ 1543. .....
587, a
qualifications of.....
1186
powers and duties......
1186
as to vaccination .......
1225 603
1226 604
sanitary engineers, employment of........
1186
sanitary information:
to be furnished to other cities, etc., in State........ 1169
to be published .....
1188 588
statistics to be collated and preserved. ..........
1169
and published . ....
seal:
board to adopt ....................
1174
judicial notice taken .....
1173
telegraph and telephone lines of police department to be
used .............
323
Health officer of port : (See Board of Health.)
a member of board of health......
109 . 49
1167 574
*not within state constitution, Art. X., Sec. 2 ......
807,6
Helping Hand Society of Brooklyn, appropriation for...subd. 22 (23), 230
Hebrew Benevolent Society :
appropriation to .......
...........subd 13, 230 112
Hebrew heltering Guardian Society:
additivnal property. ........
440
appropriation to.......
. .....subd, 13, 230 112
exemption from taxation.............
439, 13
Hemp, storage of, regulated ............
........
770
Hempstead: (See City Clerk, Debt, Property, Sinking Fund,
Supervisors.)
part consolidated with City.of New York ..
1 .
one alderman elected by, with Flushing and Jamaica....
constables abolished, January 31, 1898...
1424
debt of town, how part assumed by city to be deter-
mined...:::::.........
1589 746, 747
*election districts to be created in 1897....
officials, transfer of, on consolidation....
1536
1727
1590
personalty divided.......
1590 747, 748
ward five of Queensborough.......
1581 744
Henbane, retail sales of, regulated ..
1516 715, 716
Hides, power of board of health...
12.7
1209, 1211
Highway, included in term "street"
462
1010
1466
Highways, department of : (See Boroughs, Streets.)
represented in board of public improvements ......
96
commissioner of highways, head of department .......subd. 2, 100
sole esecutive power: vested in ...................
appointed by mayor............................
.subd. 2, 100
salary, $7,500 ................
523
member of board of public improvements .........
410
annual report to mayor.....
subd, 6, 524
contracts executed by..............
769
24
782
............
595
596
523
.subd. 2, 100
523
457
457
• ...
INDEX.
1171
457
254
223
226
..............
22
452
.
.
.
.
225
.
.
.
Highways, department of — Continued.
commissioner of highways - Continued.
Section. Page.
duties of.......
226
524
exercises powers of former boards, etc ............ 526, 527 257, 258
ordinances of assembly to be obeyed by....
450
to recommend ordinances to board of public im-
provements. ..............
........subd, 6, 524 254
annual estimate of expenses and salaries.........
226 104
bureaus :
organized by commissioner ...
458
branch bureau in Brooklyn .
458
and in other boroughs.......
458 226
clerks and subordinates :
appointed by commissioner........
456 225
in boroughs, by deputy in charge........
456
salaries ....
456 2255
deputy commissioners : (See Boroughs.)
appointed by commissioner.
452 224
one at main office .........
452 224
one or more branch offices may be assigned to...... 452 224
designated by commissioner to exercise his powers,
224
engineers : (See Boroughs.)
chief, appointed by commissioner....
453 224
has power to appoint and remove assistants ....... 453 224
more than one chief, if board approves ....
453 224
duties prescribed by commissioner ...
454 225
qualifications of engineers .......
453 224
at branch offices may be deputy commissioners
453 224
consulting, may be appointed .....
................... 455
qualifications of........
455 225
main office in Manhattan borough ...
223
unless board of public improvements changes.... 451 223
branch offices in other boroughs ......
223
Highways interfering with water supply may be changed at
expense of city .......
485 237, 238
new to be built in certain counties.
512
Hoist ways :
trap-doors and iron shutters, when to be closed
761 354
such ordinances are valid police regulations.........
32, a
penalty for not closing ....
354
liability, in case of loss to life and limb.. ....
761
Home for Fallen and Friendless Girls, per capita allowance
to, out of excise moneys ................
238 120
Home for Incurables, exempt from taxation....
.............
438, 6
Home of St. Giles the Cripple, appropriation to.......subd. 22 (23), 230
Homeopathic Hospital Association of Brooklyn, appropria-
tion to .......
................. subd. 22 (23). 230 115
Horse cars. (See Street Cars.)
Horse troughs:
assembly to regulate...
............ subd. 7, 49
ordinances to be prepared by board of public improve-
.....subd. 4, 416 205
Horse-skipning regulated ......
1212
Horses not to be kept in tenement-houses.....
1312 638
Hospitals: (See Contagious or Infectious Diseases.)
board of public charities control ......... ........
660 313
except hospital wards in prisons ...
660 313
hospital estab ished by board of health.
660 313
House of Refuge................
660 313
for detention of witnesses ..........
660 313
Ward's island........... ................
660 313
fire regulations..............
762 355
non-residents may be admitted:
to Bellevue Hospital.....
Kings County hospital...................
321
charge to be fixed by commissioners. .......
321
451
.
251
.........
...
354
115
27
ments.......::
597
....
........
678
321
1 172
INDEX.
.........................
..
1528
Hospitals - Continued.
Section. Page.
reports may be required by board of health ...
1169 576
temporary care to be given to sick or injured..
670 318
Hotels : (See Lights, Water Meters.)
fire regulations ................
762 355
inspection......
762 356
*death of strangers in, to be reported to public adminis-
trator .............
........
246 1036
*penalty for failing to report......
246 1036
Hours of business of departments to be published in City
Record......
722
House of detention for witnesses :
police board to establish.
321 166
present house may be used..........
321 167
annual appropriation for..... .....................
321 166-167
on separate premises from jails, etc ..
children under sixteen not to be detained.............
321
excepted from control of board of public charities ...
660
Houses of ill-fame or prostitution : (See, also, Disorderly
Houses.)
police supervision................
315 163
suppression of ........
...............
318 164, 165
House of Refuge for Juvenile Delinquents :
not within control of board of public charities.......... 660
House of Rest for Consumptives, exempt from taxation ..... 438
Husks, storage of, regulated...
770 363
Hydrants :
assembly may regulate .....
..........subd. 17, 49 28
ordinances prepared by board of public improvements... subd. 6, 416
Homocyanic acid, retail sales of, regulated ...
1516 715, 716
321
166
166
313
..........................
313
5
205
..............
.....
259
I.
Immigrants. (See Emigration.)
Ice and snow:
assembly to provide for removal of....................subd. 6, 49 27
city liable for injuries caused by ......................
255, ſ
instances .....................................
255, ħ
instances where no liability ........
256, a
dumping from inshore ends of piers by street cleaning
department........................................
878 419
fire hydrants not to be obstructed...
750 350
railway company may be restrained from throwing off
tracks .......
32, J
removal from streets :
commissioner of street cleaning controls..........subd. 1, 534
may contract for...........
541 265
when expense exceeds appropriation .............. 546 270, 271
sidewalks need not be kept absolutely free.....
255, 9
Ignorance not to be pleaded :
dock regulations. ...................
827 399
Indigent persons, lodgings provided for........
322
167 -
Industrial Home for the Blind, appropriation to..... .subd. 22 (23), 230
115
Industrial School Association of Brooklyn, eastern district,
appropriation to..............
....................................22 (23), 230
Industrial schools in Brooklyn:
to participate in school funds........
1154
570
Infected places : (See Contagious or Infectious Diseases.)
proclamation by board of health. .........
1220 601
vessels arriving from, subject to quarantine............
1220
601
intercourse with, how regulated... .....
601
registry of places of business, etc.........
1499-1504 1710-712
drafts, notes, etc., presented for acceptance in...........
1499-1504 710-712
Infirm. (See Sick.)
Infirmaries to report to board of health
1169
576
1220
INDEX.
1173
Page.
323
............
....................
Informers rewarded in :
Section.
homicide, arson or receiving stolen goods cases ......... 305 157
violations of law preventing fires. ....................
773 365
harbor dumping......
880 419
Inquests, notice of, to board of health.
1179 584
Insane and feeble minded: (See Property Clerk, under Police
Department.)
commissioner of public charities in each borough to care
for .......
622 314
relatives of poor must support... ..................... 683
temporary care for examination........................ 671 319
Insurance companies :
not to grant permission to deal in certain combustible and
explosive materials .......
1764 361, 362
foreign, tax on.......
798–810 376-385
corporations liable to taxation......
798 376, 377
constitutionality of section.......
377, a
moneys paid to fire department by companies..
799 377
account of premiums by city agent.......
800 377, 378
undertakings by insurance agents ...............
801 378
renewal of.....
802
penalty for not executing......................
803 378,
demand for accounts....................
804
places of business of agents to be reported.......... 805 379
suits for violations......
806 379, 380
arrests in suits for failure to pay penalties incurred, 807 380
distribution of tax..
808 380-383
809 384, 385
810 385
Ipsurrections. (See Riots, Mobs and Insurrections.)
Intelligence office keepers :
assembly has power to license..... ..................subd. 20, 49, 28
other laws not affected ........
31, l, m
police have supervision of ....
316 163
Interest. (See Assessments, Bonds, State Taxes, Taxes,
Water Rents )
Intoxication, public : (See Police Department.)
punishment for......
707-711 333-337
fines for, paid to commissioner of correction......
333
assembly to regulate ...... ..............subd. 12, 49 28
Investments. (See Sinking Fund.)
Iron Shutters. (See Hoist ways.)
Islands:
what included within city .....
Italian Home exempt from taxation . ......
8, 8
379
..........
706
coco
....................
695
695
695
707–711
.....................
328
328
328
333-337
33
165
320
J.
Jails: (Sce City Prison.)
commissioner of correction has charge of....
except those under sheriff ..
and police department...
commitments to, of disorderly persons, etc ...
common, designated by assembly
station-houses, temporary places of detention .
Jamaica: (See Debt, City Clerk, Property, Sinking Fund.)
consolidated in city ............
constables abolished January 31, 1898.....
elects one alderman with.Flushing and Hempstead......
officials assigned, on organization of city government, by
county judge. ........,
ward four in Queens borough........,
Janitors:
of tenement-houses .........
of schools ......
present retained...........
..........
1424
24
684
13
1536
1581
727
1743
1321
1075
1536
648
540
725
1174
INDEX.
Judgments: (See Payment under Finance Department.) Section. Page.
against corporation:
special revenue bonds may be issued to pay .......subd. 3, 188 87
Junk boatmen:
police have supervision over....
............. 316 163
Junk-shop keepers: (See Licenses.)
assembly has power to license ...
.........subd. 20, 49
police have supervision over.....
..............
316 163
Jurors:
persons exempt from service.....
police ..........
341
street cleaning uniformed force .......
538
firemen......
1736
28
118
226
230
1350
for Manhattan and The Bronx boroughs, appointed by
mayor...................
annual estimate of expenses and salaries........
allowance for expenses, etc. .........
Justices of district courts, no more to be elected... ..........
Justices of the peace:
*constitutional provisions:
*election and removal.............
*term may be ended by consolidating towns.........
*present to serve out their terms.........
.......... .
no more to be elected......
Justices of supreme court. (See Courts.)
Jute, storage of, regulated.....
Juvenile Delinquents, Society for the Reformation of:
commitment of children to........
x
800, 801
801, c
802
656
xii
1350
.......................
17170
363
668
318
765 359, 360
1766
..........
Kerosene, sale and storage of ........
license for ......
Kings county: (See City Clerk; Correction, Department of;.
Debt; Property; Public Charities; Sinking Fund.)
municipal corporation consolidated.......
administration and government of, vested in city . .....
charges and liabilities of, imposed on city ......
contracts and obligations of, imposed on city...
*elections, constitutional provision for time of.
expenses, appropriation for ..................
pharmacy, board of, abolished...............
school moneys allotted by state.....
state taxes, collected from entire city
Kites not to be raised, etc., in streets:
adjacent to fire telegraph ...
penalty.........
police to enforce law....
xx
........
230
1520
1597
....
1595
1729
1729
1729
1152
Ladies' Home Missionary Society, schools of.... ......
Ladies' Union Aid Society, exempt from taxation.....
Lake Mahopac, water from.....
Lamps:
penalty for injuring street lamps.......
514
1462 700, 701
1463
arrest .................
218
authority of department of parks......
Lands: (See Condemnation Proceedings.)
certain ceded to United States ...
for use of public; (See Bridges, Parks, Sewers, Schools,
Streets, Tunnels, Water Supply.)
- duty of board of public improvements
.............
i
415
INDEX.
1175
Section. Page,
1035 517, 518
Lands - Continued.
unclaimed, city to take ......
under water: (See Docks, Ferries, Lots, Leases.)
water front placed in control of city .....
subject to private rights.....
40
83
8340
85 41
970 474
83 40
........
..
83
site for harbor, improvements to be acquired .......
power conferred 'on city to establish, etc., facilities
for navigation, intercourse and commerce........
assembly may legislate ......
fee granted to city of certain land beyond high water
mark ......
patents to the city to be granted..
on application of board of bocks.......
inalienable but may be leased ......
patents for granted only to city or riparian proprietor,
to riparian owner, on notice to board of docks..
only under terms protecting the city ..........
repeal of inconsistent laws. ..
grants by city restricted ...
Lane included in term “streets”..
831 400, 401
84
41
86
86
86
42
42
88
876
462
1010
1466
418
227
508
702
· Law department:
established..
96
44
255
124
corporation counsel : (See Assessments, City Record,
Comptroller, Condemnation Proceedings, Docks, Fires,
Maps, Officers of City, Printing and Stationery, Sewers,
Streets, Taxes, Water Supply.)
head of law department ..........
98
255
term of office, four years............................
salary of, $15,000..
ex officio inember of board of aldermen...............
member of board of estimate .......
98
255
25
226
255
14
103
255
125
125
124
255
255
125
125, i
125, 6
125, c.
125, d
263
1192
255
130
589
125
public improvements......
attorney and counsel of the city .......
power to institute and defend all actions by and against
the city ..... ...
but rights of city not lost by his failure to assert...
only usual powers of attorneys.............. .... ...
responsible to the court as other attorneys ...........
advice given by, to corporation officers, is privileged....
all papers for commencing action against city may be
served on......... ..... ....... ....... ..........
in suits against department of health..............
may assign assistants to any department..............
duties of:
charge and conduct of all law business of city......
prepare all legal papers
report to board of estimate all reports awarding
damages ........
.............
approve the form of all legal papers, ............
appoints such assistants as necessary ..............
assistant corporation counsel may be designated to
exercise all powers ..........
fixes salaries of assistants. ......
but within appropriation .
additional counsel may be employed without certi.
tificate of necessity
.................
locates branch offices ........,
establishes bureaus
bureau of street openings (see under Streets,
Opening) ......
255
255
124
124
...
175
255
156
124
125
256
256
256
126
126
126
257
258
211, kck
126
126
258
126
1176
INDEX.
Page.
127
226
128
104
109
force ......
Law department - Continued.
duties of - establishes bureaus - Continued.
Section.
bureau for the recovery of penalties (see penal.
ties under Ordinances).......
259 :
bureau for the collection of arrears of personal
taxes (see Taxes) .........................
260
annual estimate of expenses and salaries..............
statistics of, to be published annually .................
137
Law Journal:
daily, appropriation for ........................... subd. 17, 230
Law Library:
provision for payment of expenses of............... subd. 17, 230
Laws: (See Consolidation Act.).
relating to creation and payment of debts to remain in
relating to city, to be published annually in the book of
statistics ...
............
137
Leake and Watts Orphans' Home, schools of .......
1154
Leases:
by the city: (See Corporation Counsel under Law Depart-
ment, Docks, Franchises, Ferries, Markets.)
city clerk must sign............
effect of failure to sign ................
signed by comptroller ..
leases to city not included ...........
lands under water may be leased........
ordinances terminating, how passed .......
power to lease vested in board" of commissioners of
sinking fund ......
rent, used for redemption of city debt. ..
not released by annulling lease.......
to the city: (See Corporation Counsel under Law Depart-
ment, National Guard.)
comptroller signs . ..
149
in what form ................................
not to exceed five years ....................
217
commencement of.......
applications for, to be presented to commissioners of
sinking fund ......
comptroller to examine and report on .........
competitive bidding not applicable....
commissioners must authorize......
must express their assent .......
property not be used for other purposes. .......
unless commissioners of sinking fund con-
sent ........
Legislature, claims imposed on city by. (See Debt.)
Legislative powers. (See Municipal Assembly.)
Libel:
no jurisdiction in municipal courts .................subd. 2, 1364
nor in special sessions..........................subd. 1, 1406
Licenses : (See Steam Boilers, Street Railways, Telegraph
Poles, Theaters.)
assembly has power to prescribe for boatmen..........subd.
bone boiling......
20, 49
cabmen .........
20, 49
car drivers.................
.... ...
20, 49
carriages ... ...
... ........... .... ..................
27, 49
cartmen, public.
circuses. (See Circuses.).
dogs ......
expressmen...
fat-rendering....
hackmen ....
hawkers........
intelligence office keepers....
65
66, f
101
101
.........
217
101
210, aa
...............
217
661
679
..
.......................
...........
INDEX.
1177
Page.
********* BEETIERREZ
361
...
...........
137
Licenses - Continued.
assembly has power to prescribe for boatmen - Con. . Section.
junk dealers.......
20, 49
menageries ......
noxious business. .............................
pawnbrokers.....,
....... ......... ..............
second-hand dealers.
.. ... .................
20, 49
scalpers in coal freights, ........................
20, 49
shows, common....... ......................
20, 49
truckmen ..................
20, 49
venders ............
20, 49
police board to license : (See Emigrants, ante.)
bookers of emigrant passengers..
348 179
keepers of emigrant houses..............
347 179
public exhibitions.....
............
346 178
theaters, etc .......
1473 703
fire commissioner to license sale of explosives....
763 357
petroleum.......
766
existing laws to remain in full force.............. .subd. 20, 49
form of, numbering and registry .................... 20, 49
forfeiture, for violation of regatta rules.....
319
statistics of, to be published annually ....
Liens : (See Assessment for Local Improvements, Health,
Nuisances, Streets, Taxes, Water Rents.)
*liens under municipal contracts :
*who may have.
1824 1018
1837 1022
*corporation entitled to lien under section 1824
as well as natural person ..
1018, a
*for what....
1824 1018
*on what....
1828 1019
*" contractor" defined........
1837 1022
................
*to what extent ........
1824 1018
*how. lien obtained.........
1825 1018,1019
*what notice of, to contain....
1825 1018, 1019
*as to mistake in stating amount due.
1019, a
*comptroller to enter notice in lien book,
1826 1019
*how long lien continues ..
1827 1019
*actions to enforce lien ...
1829 1019
*who made parties to action..........
1830 1019
*who may answer ..............
1830 1019
*judgment on.....
1831 1020
*how priorities determined.., .....................
1832 1020
*actions may be consolidated.. ..........
1833 1020
*costs discretionary .................
1834 1020
*right to maintain personal action not affected
1835 1020, 1021
*how lien discharged.........
1836 1021
*what claims not affected ........................
1838 1022, a
Lights: (See Fires, Streets.)
in theaters, stables, etc., how protected................
355
Lighting streets: (See Streets.)
Liquor saloons:
local board's power over....
Liquor selling prohibited in theaters, etc .......
1483 707, 708
Lime, storage of unslaked, regulated ........
769
Loans of city. (See Bonds.)
Local boards and improvements : (See Assessments, Maps,
Sewers, Streets.)
apportionment of expense when local improvement
ordered by city ...
422
audit of accounts of local improvements to be in the
borough.. ,...
...... subd. 4, 151
contracts for work to be paid by the owners benefited : ,
assessment bonds to be issued.....
181
when comptroller is authorized by board of estimate,
.......
762
393
198
362
782
1178
INDEX.
Page.
....
Section.
181
181
181
181
181
181
422
390
Local boards and improvements — Continued.
contracts paid by owners benefited - Continued.
copy of contract to be filed with comptroller.
and certificate of head of department...........
no interest on payments to contractor ......
thirty percentum reserved.......
paid within thirty days after completion of con-
tract.... ........... ...
paid out of street improvement fund ...
definition of local improvements
districts for local improvements......
boards established in each district....
expenditures by local boards must be approved by board
of public improvements ......
improvements :
recommended by board :
board of public improvements to act on........
expense confined to borough..... .............
joint meetings of several boards.. ................
jurisdiction :
confined to district ....
local subjects...........
members :
391
404
200
402
402
391
.
383
391
383 196
391 197, 198
391 198
384
394
196
199
199
394
400
400
199
199
394
199
300
199
............
...
400
400, 401
393
393
401. 199, 200
403 200
393 198
393 198
198
198
chairman is president of borough .. ............ ..
bas vote but no veto power ...,
assemblymen, resident in district...
office vacated by removal from district.....
meetings :
called by chairman..
whenever public business requires . ........
also on written request of three members...
on petition for a local improvement.
notice of in City Record ........
held at the borough main hall or public building..
petitions for improvements :
presented to president of the borough.
filed in his office for inspection..
acted on at meeting of local board for this pur.
pose .......
powers of local boards :
recommend improvements.....
when payable by assessments .....
on petition to board ......
when payable by the city ......
.............
hear complaints.......
aid assembly and departments.
do not diminish powers of assembly and board of
public improvements ........
quorum :
president of the borough and other member........
resolutions, etc.:
certified by chairman..
passed as directed for assembly.........
(See Ordinances.)
not presented to the mayor for approval.
record of, kept by secretary ....
in office of president of borough...............
salaries of members, none...............
secretary of president of borough acts as secretary of....
without additional compensation ...
Lodging-houses. (See Boarding houses, Fires, Lights, Tene-
ments.)
defined............
*deaths in to be reported to public administrator.......
............
404
200
394
199
196
AU.................
384
392
198
.........
392
198
.......
....
199
199
394
394
391
394
394
198
199
199
1305 633, 634
246 1036
INDEX.
, 1179
1537
24
........
............
114
Section. Page.
Long Island City: (See Buildings, City Clerk, Debt, Fire
Department, Highways (Department of), Municipal Assem-
bly, Municipal Courts, Parks, Police Department, Prop-
erty, Public Buildings Schools, Sewers, Sinking Fund,
Street Cleaning, Streets, Water Supply.)
Books, papers, etc., transferred...................
1728
board of education abolished......
............... subd, 3, 1061 534
consolidated in City of New York ...
......... ..
constables abolished January 31, 1898........
1424 684
elects one alderman with Newtown......
justices of the peace and justices courts abolished.... 1350 656
maps of, duly adopted, declared final... ..
432 217
mayor's duty in transfer of records, clerks, etc., January
first, 1898 ...............
1536 726, 727
.::;..;......
police commissioners, board of, abolished....
273 134
steam boiler inspectors continued as part of police
department...........
342 177
Ward one of Queens borough.... .....
1581 743
Long Island College Dispensary, appropriation for....subd. 22 (23), 230
Long Island College Hospital, appropriation for...... subd. 22 (23), 230 114
Long Island Throat Hospital and Eye Infirmary, appropria-
tion for........
................. subd. 22 (23), 230
Lots:
commissioner of wighways has control of filling sunken..
subd. 5, 524 254
fencing vacant....
254
digging down ,....
subd. 5, 524 254
filling with garbage, ashes, etc., forbidden .......
1213 597
penalty ..........
1213 597, 598
along water fronts .........
1214 598
the filling of a large area of sunken territory
cannot be ordered... .....................
599, a
local board may recommend grading .....
423 200
Lottery-ticket agencies:
may be suppressed ..........
315 163
318 165
Low Maternity, appropriation to.................... subd. 22 (23), 230
*Lunacy:
*constitutional provision for state commission......
804
Lutheran Hospital Association of the City of New York and
vicinity, appropriation to .......
.......subd. 22 (23), 230 115
115
.....subd. 524
........
115
xiv
..
.........
M.
Machinery oil. (See Petroleum.)
Magdalen Female Benevolent Asylum and Home for Fallen
Women:
appropriation to .......
.......subd. 16, 230
Magistrates. (See Magistrate's Courts under Courts.)
Mahopac lake, use of water for supplying city.......
... 514
Manhattan borough: (See Courts, Electricity, Wards.)
territory of .......
......... subd. 1, 2
accounts from local improvements audited at chief
office..................
........... subd. 4, 151
assessments and arrears :
collector of, chief office in borough.......
155
payable at chief office .......
board of examiners to hear appeals...
649
city clerk to appoint a clerk in borough,
32
commissioner of jurors appointed by mayor...
118
commissioner of public charities designated to Man.
hattan and Bronx ....
658
salary, $7,500.....
................. 658
temporary designation...
............... 659
jurisdiction over Blackwell's island. .....
660
157
...........
308
18
51
312
.......
312
313
1180
INDEX.
Parten
1741
304
505
308
212
.........................
..
.
.....................
312
142
542
560
..............
Manhattan horough - Continued.
Section.
comptroller's chief office in borough ............... subd. 4, 151
four coroners to be elected in borough.....
.........
1570
department of buildings:
commissioner for Manhattan and Bronx....
· 644 304
salary, $7,000.........
644
general powers, under existing laws ........
646
chairman of board of examiners. ............
649
chief office in borough........................
644
department of correction :
chief office in borough ..
694
departments represented in board of public improvements
to have main offices here.
451 223
deputy commissioner of public charities for Manhattan
and Bronx ...
659
additional deputies......
659
detectives, headquarters of, central office, bureau of.... 290
education, representation in board of.....
.............
108 48, 49
city superintendent's chief office in.......
1080
teachers continued.............................
1117
elections, general bureau of, located in....
359 190
fire marshal to be appointed for Manhattan, Bronx and
Richmond. ..........
779 366
devolution of powers of former ................... 1779 366
health department:
chief office in borough.......
1181
also borough office with records.i..
1181 584,
clerk with power to certify papers........
1182
assistant registrar...
1190
maps of, as duly adopted, declared final...
432
municipal courts :
eleven districts......
1360
offensive trades prohibited in ......
1212
park commissioner designated to, with Richmond borough, 607
principal office of board in Manhattan .....
607
president of borough :
salary of, $5,000 ..
382
police Headquarters for the borough...........
320
public charities, department of:
principal office in borough..
public improvements, board of :
office and meeting room in borough.
taxes :
receiver's chief office in borough
155
payable at chief office ...............
taxes and assessments, department of :
main office in borough............
890
Manufactories. (See Fires, Lights, Water Meters.)
Maps and plans: (See Docks, Education, Real Estate
under Water Supply, Sewers, Streets.)
changed: (See Drainage.)
of grades of streets within three months after open.
ing of street ....
433
of bridges and tunnels and approaches at any time..
436
with approval of mayor only.........,
436
of sewage districts, by commissioner of sewers with
approval of board of public improvements. .......
439
221
generally, when board of public improvements
deem it for public interest...
436
notices and procedure of board.....
436
.................
action of assembly and mayor
436
maps, showing change to be certified by secretary of
board of public improvements:...................
436
and filed, one-copy in office for recording conveyances,
one copy in office of corporation counsel ...
one copy in office of board .......
...............
.......
658
412
O
157
INDEX.
1181
437
............
218
218
218
222
222
Maps and plans -- Continued.
Section. Page.
*expenses of plans and monuments included in annual
appropriation ......
443 222
final: (See Sewers.)
Board of public improvements to adopt ...........subd, 1, 415
433
president of the board to prepare ...........
433 217, 218
board may require the preparation
434
or assembly, with approval of mayor ..... 434
existing, completed maps declared to be final .....
432
filed, one in office for recording conveyances.....
433 218
439 220
439 221
one in office of corporation counsel ....
433 218
220
439 221
one in office of board of public improvements ...... 433 218
437 220
439 221
locate parks.......
433
streets, with their widths and grades .........
bridges and their approaches......
tunnels and their approaches..
218
information, diagrams and surveys:
furnished by president of board of public improve-
ments .....
222
upon request board of public improvements..
assembly ......
............
222
local boards .............
.. .......
commissioners. of estimate ..... .............
222
commissioners of estimate and assessment ..
222
surveyor :
appointed by president of board of public improve-
443 222
also engineers, clerks, etc ,.......
.............
443 222
salaries included in annual appropriation .... ..... 443 222
board to detail employes of any department to
assist president .....
......
444 223
competitive bidding not required of applicants to
make plans..........
.........,
211, dd
custodian of city plans ........
443 222
entry on lands when making maps, etc., authorized, 442 222
Marine court. (See City Court of New York.)
Markets :
bureau of, part of finance department............... subd. 1, 151
superintendent is chief officer........ .... subd. 1, 151.
also collector of city. revenue................ subd. 1, 151
(See Finance Department.)
cleanliness, ventilation and drainage :
board of health has power over .......
1171
578
construction and repair :
ordinances to be prepared by board of public im-
provements.......
..... subd. 7, 416
provisions respecting................
established by assembly .........
loans or bonds for, authorized by assembly ........
board of estimate must previously approve.........
lands at 10th ave. and West street dedicated to.........
163
sinking fund commissioners to have authority over.. 163
may lease
163
205
also above 57th street and east of 1st ave...........
lands at 10th ave, and Washington street, dedicated to.. 163
exclusively for farmers and market gardeners...... 163
department of finance to have control... ...
163
lands east of Avenue C, between 16th and 17th streets,. 205
l
eduS .......................
417
48
48
48
1182
INDEX.
.................
205
95, g
583, a
.....................
.. ........
607
.....................
1012
Markets — Continued.
Section. Page.
market in Governor's Slip ........
205
Old Slip..........
205
meat, sale of, may be restricted to particular place.....
31, r
poultry, slaugbter of, comptroller may prohibit ......
68, a
regulations may be passed by assembly.............. subd. 19, 49
ordinances prepared by board of public improvements, 19, 416
sale of improper articles :
board of health has control over....
1171 578
stall rented on permits issued by comptroller .........subd. 1, 151
stand in street not to be interfered with by board of
health .......
wagons employed in selling farin and garden produce .. 163
finance department controls........
163
wharves may be used for........
835 401, 402
Marriages :
registry of, kept by clergymen, magistrates, etc........ 1236 606
report to department of health......
1239 607
penalty for omission to keep and to report ......... 1239 607
excuse may be allowed........
1239
penalty for false report..........
1266 617
record of, in bureau of registrar of records of board of
health...
1240 607, 608
1179
statistics of, to be published annually...
137
Marshals : (See Taxes, Courts, Police.)
not to act for parties in municipal courts..
1309 665
appointed by mayor for six years
1425 684, 685
1427 685
*appointment waived by failure to file bond........ 1708
bond :
action on ................ .......
1428 685
*provisions of consolidation act.........
1701 1010
1702 1011
*cancellation by payments........
1011
*execution of...
1700 1010
filed with city clerk...................
1428 685
*renewal, .............
1707 1012
*sureties not liable until judgment against marshal,
1011, a
Brooklyn and New York, continued in office ..
1424 684
duties.
1428 685
*fees......
1710 1013.
*judgment against.....................
1703 1011
*to be noted in bond....
1704 1011
*laws relating to taking property by sheriffs, extended to, 1711
removed by mayor on charges........
1429
*suspension for misconduct......
..............
1012
..
1706
........
Masked balls :
permit for..........................................
184
.................subd. 9, 353
fee...............................................
9, 353 184
payable to police pension fund.................... 9, 353
184
Masonic Asylum, exempt from taxation..................
438, 2
Matches, manufacture and storage of.......
764 358, 359
Maternity of Long Island College Hospital, appropriation to,
subd. 22 (23), 230
Matter:
defined with reference to health department........... 1229605
Mayor: (See Art Commission, Banks of Deposit, Boroughs,
Constitution of New York, City Record, Contracts, Courts,
Departments, Docks, Harlem River, Health, Maps, Muni-
cipal Courts, National Guard, Ordinances, Pawn Brokers,
Printing and Stationery, Public Charities, Public Improve-
ments, Sinking Fund, Statistics, Streets, Water Supply.)
when elected ...
94 43
1705
..................
.....
.......
........
1013
685
5
INDEX.
1183
Page.
........................
241
121
...........................
.
•
87
675
52
46
Mayor -- Continued.
Section.
term of office, four years.......
salary of......
vacancy in office, filled at general election.........
office of, how filled in case of sickness or absence..
ineligible for re-election at next term....
member of council after expiration of term.
removal of, by governor..
suspension, pending removal ...
successful contestant allowed expenses... ...
upon what certificates....
241
clerks and subordinates of:
appointment of ...........
117
report concerning salaries and duties of.. ........ 117
limitation to expenses for.. .................
117 51
all papers for commencing an action may be served on.. 263 130
member:
board of City Record ....
1526 1718
board of commissioners of sinking fund........
204 92
board of estimate and apportionment ..
226 103
board of public improvements....
410 202
appoints heads of departments and all commissioners ... 118 51
board of assessors........
943 455
board to erect or repair buildings.
118 51
chamberlain .............
194
city magistrates...
1391 673
1394 674,
commissioners of accounts..
119
bridges ......................
.........subd. 6, 100
594 287
buildings.
102 47
644
civil service
123
correction ........
104
694 327
health
109 49
1167 574
highways ......
.......subd. 2, 100 46
523 254
jurors....
118
parks ...
101
607
public buildings, etc. ........
.............subd. 5, 100 46
572 278
public charities ....... ...............
103
658
sewers ......
.............
..........subd. 4, 100
555
272
street cleaning.......... ................ subd. 3, 100 46
533 259
water supply
..... ...........subd. 1, 100 46
468 328
comptroller in case of vacancy .......
97 45
authorizes deputy to act, when...........
150 66
· justices of special sessions.........
1391 673
1401 677
1402 677
members of any local board not otherwise provided
for ..........................................
118
officers not elected and not otherwise provided for.. 118
president of board of public improvements......... 411
100
police commissioners .
270
sealers of weights and measures ....
118
chief of bureau of statistics ........
130
members of municipal statistical commission....... 131
47
290
311
46
1184
INDEX.
52, a
.
.
.
.
.
.
*
.
.........
Mayor — Continued.
appoints heads of departments, etc.- Continued.
Section. Page,
members of borough school boards.., .....
1061 533, 534
power of appointment not controllable by courts....
certificate of appointment to be given.......
1547 706
commission must be issued .................
52,6
term of oiice .............................
118 51
when appointment to fill a vacancy,
118 51, 52
corporation counsel, official adviser of ...........
255 '124
duties of, in general.......
114
powers of :
chief executive of city
94
a magistrate ......
..... .......... 116
power of removal by: (See Commissioners of Accounts,
Marshals.)
exercised on his own judgment during first six
months of his term....
.........
time not extended by agreement ..... ........
mayor decides upon the propriety of .. ........
after six months, charges must be preferred ......
hearing .....................................
must warrant removal.............
may subject officer to punishment....
conviction need not precede... ...
governor must approve removal.....
subject to review by certiorari .......
review may be had before governor acts ......
applies to any officer appointed by mayor..........
exceptions......
distinction between removal by mayor and by head
of department ........
44, g
approves retirement by board of police commis-
sioners, of chief or any deputy chief of police....
148
reports to :
annual by board of docks. .....
829 400
board of education ....................,
1085 547
of public improvements ...............
412 203
of health.......
1168 575
also as trustees of pension fund..
1331 651
commissioner of bridges. ............
457 226
highways .........................
457
subd. 6, 524 254
public buildings........
457 226
sewers .....
457
street cleaning...........
457 226
water supply .......
457 226
by commissioner of accounts.....
119
all departments and commissioners :
once in three months..........
1544 734
and as directed at other times ...
1544 734, 1735
board of education reports, when required, 1085
published in City Record ........
1544
Mechanics' liens against the City. (See Liens, ante.)
Medical attendance. (See Physicians.)
Medicine. (See Pharmacy.)
Memorial Dispensary, appropriation to ............ subd. 22 (23), 230
Memorial Hospital for Women and Children, appropriation
for. ... ..
....... subd. 22 (23), 230
Memorial Training School for Nurses............... subd. 22 (23), 230
Menageries. (See Licenses.)
Mendicants. (See Beggars )
Mercantile library. (See Clinton Hall Association.)
Merchandise. (See Obstructions under Streets.)
Metal in streets, etc.........
1456
Meterological and astronomical observatory, appropriation for. 230 108
226
226
0
0
52
14
INDEX.
1185
115
621
1743
263
of.)
Section. Page.
Methodist Episcopal Church Home. (See Ladies' Union Aid
Society.)
Methodist Episcopal Hospital of the city of Brooklyn, ap-
propriation to.........
....... subd. 22 (23), 230 115
dispensary of .....
.......... subd. 22 (23), 230
Merchants' and Clerks' Library Association exempt.........
438, 10
Metropolitan Museum of Art to be maintained ...........
613 293
contract with, continued..
298
annual appropriation for ......
... subd. 7 (3), 230 108
Middletown, former town of :
ward two of Richmond borough.
1580
Militia. (See National Guard.)
Military duty, exemption from:
firemen .....................................
736 345
police ......
.... ........ ....... .........................
341 175
street cleaning uniformed force ...
538
Milk:
ordinances to prevent adulteration .....
579, 6
Misdemeanants. (See Correction, Department of.)
Misdemeanors: (Šee Health.)
when special sessions may try for..... .........subd. 1, 1406 679
Mobs. (See Riots, Mobs and Insurrections.)
Montefiore Home for Chronic Invalids :
exemption from taxation..............
439, 17
*Montgomerie Charter:
*defects in previous grants, confirmations and writings,
1054-1056
*corporation created by the name of the mayor, aldermen
and commonalty of the city of New York...
1056
*corporation seal......... .................. ..
1057
*city limits and boundaries ..........
1057
*division of city into wards S.... .. .................
1057
*west ward..
1058
*south ward .............
1058
*dock wird. ...........
....... ..........
1058, 1059
*east ward....... ..........
1059
*north ward ........................
1059
*Montgomerie ward.........
1059
1060
*corporate officers enuinerated.
1060
*deputy mayor, powers and duties........
1061
*recorder ..........
1061
*aldermen-assistants .... ....
1061, 1062
*chamberlain, sheriff, coroner, high constable and
marshal .......
1062
*assessors, collectors and constables .......
1062
*to be chosen ............
1062, 1063
*mayor, sheriff and coroner appointed yearly.......
1063
*aldermen, assistants, assessors, etc., chosen yearly.
1063, 1064
*vacancies of aldermen, etc., how supplied.........
1065
*fine on corporate officers chosen and refusing to serve,
1065, 1066
*elections not to be held on Sunday ....
1066
*common council, how constituted .....
1066
*power to make by-laws, and to inflict, etc., penalties,
1066, 1067
*to be called by mayor or in his absence by recorder,
*power to establish ferries ....
1068
*to lay out streets, bridges, etc.. ..........
1069
*markets, where to be held.......
1069
*assize of bread, wine, etc ......
1069,1070
*gauger, surveyor and packer......
1070
*to be appointed by common council......
1070, 1072
*free citizens, power to make......
1070
*privileges of.......
1070,1071
*bridewells and work-houses to be erected....
*rogues, idlers and suspicious persons to be arrested, etc.
1072
*ou
..............
.
...........
1068
.....................
...
......................
1072
75
1186
INDEX.
........
...
....
Montgomerie Charter - Continued.
Section. Page.
*mayor appointed clerk of the market. Power to grant
licenses.
1073
*to grant licenses to keep taverns...
1073,1074
*with recorder and aldermen to hold courts of sessions,
1074,1075
*his court .........
1075,1076
*sheriff and others to execute process of.......
1076
*corporation to have a common clerk. .......
1076, 1077
*attorneys at law appointed........
1078
*mayor, recorder and aldermen to determine all causes
without jury if not exceeding 40 shillings...........
1079
*sheriff, clerk, etc., to execute commands of mayor, re-
corder and aldermen .......... .....
1079
*mayor, deputy and other officers to be sworn...........
1080
*governor to administer oath to foregoing....
1080, 1981
*free citizens not to serve as jurors against their wills,
nor out of the city
'1081, 1082
*confirmation to inhabitants of their houses, lands, etc..
1082
*corporation to purchase and hold certain lands. ..
1082.1083
*confirmation to corporation of buildings, markets, etc.,
1083
grant by former charters confirmed.................
1083, 1084
*grant of certain lands to corporation.......
1084-1086
*corporation quietly to enjoy their rights and privileges,
1086,1087
*covenant to corporation of quiet enjoyment.......
1037,1088
*attestation clause ......
1089
*Law of 1732 confirming rights under previous charters,
1089, 1090
Mortgagees :
when to redeem lands sold for taxes, etc ............... 1036–1040 518-520
Mortgages :
memorandum of certain, to be filed with register. ...
1036 518, 519
Mothers and Babies' Hospital, appropriation for ........ subd. 21, 230
Mott Memorial Medical and Surgical Library, exempt from
taxation ....::::::
439, 10
Mt. Sinai Hospital, exemption from taxation...........
438, 8
Municipal assembly: (See Boroughs, Budget, Buildings,
Claims Against City, Counties, Courts, Garbage, Local
Boards, Maps, Ordinances, Property, Public Charities,
Public Improvements, Street Cleaning, Street Railways,
Streets, Taxes, Water Supply.)
consists of council and board of aldermen .....
17 10
contracts by, for public improvements, forbidden ...... 414 204
1730, e
corporation counsel is the official adviser .....
255 124
cannot employ private counsel ....
125, a
execution of laws and ordinances to be observed and
enforced by ............
investigating committees authorized ..
to have access to books and records..
refusal to testify before, a contempt........
upless beyond scope of committee....
false swearing before...
joint meetings:
to consider annual budget ..........
226
to levy annual taxes...............
249
members are trustees of city property ...
.....
individually liable as trustees..
59
not to be interested in contracts
1533
violations of law by ..............................
912
summary examination...........
1534 724,
successful contestants allowed expenses...........
powers of: (see Advertisements, Advertising Noises,
Amusements, Areas, Art Commission, Assessments
for Local Improvements, Ashes, Awnings and Awning
Posts; Banners, Bathing, Baths, Beggars, Bills, Boat-
men, Bonds, Bone-boiling, Bridges, Buildings; Cab-
.........
...........
0
0
*
.......
0
0
.........
60
241
INDEX.
1187
Section
Page.
Municipal assembly - Continued.
powers of - Continued.
men, Cars, Cardrivers, Carriages, Cartmen, Circuses,
Coal, Contagious or Infectious Diseases, Correction,
Courts, Cross-walks, Curb-stones ; Dirt, Dirt Carts,
Docks, Dogs; Education Electricity, Express-
men; Fat-rendering, Ferries, Fighting and Quar-
reling in Streets, Fire, Firearms, Fire Districts,
Firewood, Flags, Fountains; Gaming and Gaining-
Houses, Garbage, Guns, Gutters, Gutter-stones; Hacks
and Hackmen, Handbills, Harlem River, Hawkers,
Hay and Straw, Health, Horse-troughs. Hydrants; Ice
and Snow, Intelligence Office Keepers, lutoxication;
Jails, Junk-dealers; Lands Under Water, Licenses,
Lighting; Markets, Menageries; Noxious Business;
Offal, Omnibuses; Parks, Partition Fences and Walls,
Pawnbrokers, Peace and Good Order, Peddlers, Piers,
Pistols, Police, Public Charities, Public Comfort Sta-
tions, Public Cries, Pumps; Salaries, Scalpers in Coal
Freights, Stages, Searches and Certificates, Second-
hand Dealers, Security, Sewers, Shows, Sidewalks,
Signs and Sign Posts, Steam Whistles, Street Cars,
Streets, Swimming: Taxes, Trucks and Truckman,
Tunnels; Urinals; Vagrants, Vaults, Vendors, Vice
and Immorality; Wards, Water Supply, Wharves,
Weights and Measures.)
devolution of powers of consolidated corporations ..
legislative powers vested in ...
enumeration of, not restrictive...
not otherwise provide for, assembly to exercise ....
104
19
19
10-12
10-12
10
when part of a corporation is annexed ..
records and minutes to be open for inspection.....
as to right of inspection.....
record book, a public record.....
reports to: (See Chamberlain, Commissioners of AC-
counts, Police Pension Fund.)
annual departmental estimates ...................
council:
members, number and election of ........
election districts enumerated....
number of, from each district ...........
term of office .............
vacancies filled, by majority of all members.
quorum, a majority of all elected.....
............
ex-mayors to be ex-officio members ......
salaries of, $1,500 each .......
city protected against double payment
not to hold any other civil office. ..............
exceptions.... .....
not eligible to any city office .......
not to be a contractor or employe. ......
not to be privately interested in contracts.
penalty ...............................
summary examination...
president: (See Auctioneers, Courts, Sinking Fund,
Taxes.)
elected on general ticket...
term of office, same as mayo .............
that is, four years........
salary of, $5,000.........
rights, privileges, powers and duties of...
mayor, when to act as ...
powers of, as acting........
member of board of estimate.
1549
1549
36
36
15,
17/36
1736
19
19
1723
723
724, 725
1533
1533
1534
.....
18
18
94
10
10
43
18
10
103
1188
INDEX.
Section.
Page.
Municipal assembly - Continued.
council --- Continued.
vice-chairman :
elected by council..
powers and duties of .........
....................
sergeant-at-arms and assistants.......
salaries of .....
general powers and duties :
rules of procedure, determined by...
....................
do not have the force of ordinances.....
election and qualification of members, council
decides upon........
subject to review by certiorari....
action in nature of quo warranto will lie......
decision in, a bar...
journal to be kept. (See Evidence.). ..........
.........
............
..
....
...
......
.
ayes and noes to be taken and entered
*meeting room in city hall.....
sit with open doors ........
attendance of members compelled ......
disorderly conduct of members punished...........
expulsion of members......
forfeiture of rights on expulsion.............
meetings :
annual
.....
......... ..
..........
14
...............
......
36
stated, each month .......
special, when and how called ...
notice of business to be transacted... ....
no other business at. .
aldermen, board of : (See City Clerk, Commissioners of
Deeds, Ordinances, Sinking Fund.)
members, number and election of.
....
election districts enumerated... .............
term of office, two years.........
quorum, a majority of all elected...........
vacancies filled by majority of all members.....
heads of administrative departments entitled to
seats ................
salaries of, $1,000 each ......
city protected against double payment. ...
not eligible to any city office ......
not to be contractor or employe ...............
not to be privately interested in contracts......
penalty. .........................
summary examination ........
president: (See Taxes.)
election of ..
term of office ......
removal of, by four-fifths vote.
injunction to restrain.......
meetings:
stated each month.....
special, when and how called.
notice of, published...
no other business at ......
sergeant-at-arms and assistants .........
salaries of ....
general powers and duties:
rules of procedure determined by..............
36
1533
15, c
19
19
1723
723
724,725
1533
1534
......
26
...................
do not have the force of ordinances ....
election and qualification of members, board
decides upon ....................
subject to review by certiorari............
INDEX.
1189
Page.
Municipal assembly - Continued.
aldermen, board of — general powers and duties - Elec- Section.
tion, etc.- Continued.
action in nature of quo warranto will lie...
decision in, a bar.
journal to be kept. (See Evidence)............
15, a
ayes and noes to be taken and entered . ...
sit with open doors ......
attendance of members compelled by
disorderly conduct of members punished.......
expulsion of members..................
forfeiture of rights on expulsion ........
Muriatic acid. (See Acids.)
Museum of Natural History. (See Parks.)
438, 3
101
parades:
518
...
........
N.
Nails not to be thrown in streets.......
1456 698, 699
Naphtha, storage of...................................
765 - 350
National Academy of Design, exempt from taxation ........
National guard:
armories, drill-rooms and places of deposit: .
leased like other property .....................
217
requisites of a valid lease .......
101, a
annual appropriation for ..........
........subd. 6, 230 107
excepted from police regulation .....
1457 699
on Sundays. ,....
1457 699
service in case of riot, etc.;
mayor may demand ......
308 158
governor, if mayor fails to demand .... .......... 308 158
Seventh regiment, annual appropriation in lieu of rent..
subd. 5, 230 107
Natural history, collections of, city may take gifts for..... 609 291
Nautical school. (See Education, Department of.)
New Croton aqueduct, commissioners to complete works
begun .......
253
New Lots, former town of:
*twenty-sixth ward of Brooklyn....
xxvi 851
New York Balance Dock Company, use of piers, etc., by, au-
thorized ....................................... ..
870 417, 418
New York Botanical Garden to be maintained.. ........
294
coutract continued with ..........
625 300
New York Catholic Protectory, appropriation to..........subd. 12, 230 112
exempt from taxation ................................
439, 11
New York, former city of : (See Assessments, Assessors,
Buildings, City Clerk, Correction, Courts, Debt, Docks,
Education, Elections, Fire Department, Health, Highways,
Municipal Assembly, Parks, Police Department, Property,
Public Buildings, Public Charities, Sinking Fund, Street
Cleaning. Streets, Taxes and Assessments, Water Supply.)
electrical control, board of, to deliver maps, etc........ 586 285
mayor's duty on reorganization of city ................ 1536 726, 727
pharmacy, board of, abolished.....
1520 717
New York City Library Association, exempt from taxation ...
439, 10
New York county:
*elections, constitutional provision for time of...........
811
expenses, appropriation for......
........
230 108
state taxes, levied and collected from whole city........ 1595 749
New York Female Society for Lying-in Women :
2. appropriation for...............
......subd. 20, 230 113
New York Floating Dry Dock Company:
w use of piers, etc., by, authorized. ...,
..... 870 417, 418
New York Homeopathic College and Hospital :
appropriation for......
......subd. 9, 230 111
613
.....
.............
XX
1
1190
INDEX.
Page.
570
570
570
.................
...........
726,
Section.
New York Hospital, exempt from taxation.......
438, 4
New York Infant Asylum, appropriation for..... ...... subd. 10, 230 111
schools to participate in school fund......
1154
New York Infirmary for Women and Children, appropria-
tion for...............................................
4, 230 109
New York Institution for the Blind :
appropriation for.......
..........subd. 6, 230 110
*not subject to state board of charities..................
8050
participates in school fund........................... 1161 572
New York Juvenile Asylum:
appropriation for............
on Tor..................................... 14, 230 112
schools to participate in school fund...
..... 1154
New York Medical College and Hospital for Women:
appropriation for............... ..............subd, 4, 230 110
New York Mothers' Home, exempt from taxation........
439, 19
New York Orpban Asylum, schools of.....
..... 1154
New York Polyclinic Medical School and Hospital:
appropriation for.......
.......subd. 9, 230 111
New York Public Library. (See Parks.)
New York Skin and Cancer Hospital, exempt from
taxation ......
440, note
New York Society for the Prevention of Cruelty to Children:
appropriation for........
...subd. 2, 230 109
New York Society for Relief of Ruptured and Crippled:
appropriation for ......
. ..... ...subd. 3, 230
109
New York Zoological Garden, contract with...
626 300
Newtown: (See City Clerk, Debt, Property, Sinking Fund.)
consolidated in City of New York...
constables abolished....
1424
elects one alderman with Long Island City.....
24
officials of, bow assigned on consolidation...
1536
ward two of Queens borough......
1581
New Utrecht, former town of :
*thirtieth ward of Brooklyn...
*Nicolls' Charter :
*appointment of city officers under.....
1037
*powers and duties of officers......
1037,1038
Night medical service. (See Physicians.)
Night soil:
removal of, by board of Health ..
1205 594
Nineteenth ward. (See Wards.)
Ninth ward. (See Wards.)
Nitrate of silver, manufacture and storage of.....
764 358, 359
Nitrate of soda, manufacture and storage of.......
764 358, 359
Nitric acid. (See Acids.)
Nitro-glycerine. (See Explosives.)
Non-residents. (See Public Charities.)
Normal College. (See Education, Department of.)
Normal School. (See Education, Department of.)
North Brothers Island:
board of health may maintain hospital on...,
577
*thirty-fourth assembly district includes..
818
*twenty-third ward includes....... .............
North Eastern Dispensary, exempt from taxation........
438, 8
Northfield, former town of:
ward three of Richmond borough.....
743
Norwegian Lutheran Deaconesses' Home and Hospital, appro-
priation to ............ ..... . ..
..........subd. 23, 230
Noxious businesses. (See Licenses.)
Nuisances: (See offal.)
board of health vested with power to abate............ 1171
local boards to hear complaints, etc........
393
abatement :
actions for.....
trial..
.........................................
743
XXX
852
1170
.........
841
xxiii
1580
1288
1289
INDEX.
1191
Page.
......
0
0
Nuisances - abatement - Continued.
Section.
judgment ...................
1290 626
new trial ......
1293 628
appeals and stays ......
1292 627, 628
judgment of appellate division .....
1294 628
appeal to court of appeals ....
1294 628, 629
certiorari will not lie.on order declaring a business to be
a nuisance......... ....
583, a
dangerous buildings, vessels, things, etc.;
proceedings to abate........
1176 580-583
uninhabitable or infected houses may be condemned, 1315, 1316 640–643
definitions ..........
1229 605
.....
1287
6217
..............
632
pate .......................
.............. ..........
expenses :
action to recover. .....
1176 582, 583
of executing judgment of abatement ..........
1295 629, 630
1296 630
1298
injunctions in abatement suits ...
1297 630-632
serious danger must be shown.
632, a
liens on real property:
judgment in action to abate ..
1290: 626
how discharged......
1291 626, 627
maintaining a nuisance :
lease of property when nuisance exists ............
602, a
liability for...
........ ....
1229 605
penalties
1287
action for may be joined with action to abate....... 1293 628
Numbers of houses :
assembly may regulate ....
.subd, 5, 49 3 7
changed only between Dec. 1 and May 1 ...............subd. 5, 49
Nursery and Child's Hospital:
appropriation to
.......subd. 9, 230 110
share in school fund .......
1154 570
Nursery for Children of Poor Women, exemption from taxa-
tion .. ........
439, 15
Nuttin island. (See Governor's Island.)
Nux vomica, retail sales of, regulated....
1516 715, 716
.....
.....
..
625
..
...............
..
......
0.
363
108
Oakum, storage of, regulated ............. ........... 770
Observatory, Meteorological and Astronomical:
annual appropriation for maintenance of ..........subd. "7 (1), 230
duty of park comniissioner for Manhattan and Rich-
mond .........
613
city may take gifts for......
609
Obstructions in streets. (See Streets.)
293
...................
291
Offal:
27
board of bealth to remove
1205 594
contracts for removal of ...
............................
1206 595
docks to be set aside for...........
1205 594, 595
boiling of, regulated . ............
.........................
1212 597
in streets :
assembly to prevent throwing
........subd. 6, 49
not to be thrown into..........
...... 1456 698
penalty .............
1456 698
Offensive trades regulated ..................
........ 1212 597
Ofice buildings: See Water Meters.)
fire regulations ...
762
Office hours and location of public offices to be published in
1528
Oficers of city: (See City Record, Commissioner, Elections,
Mayor, Salaries.)
appointments and removals, notice of..............
1546
City Record........
1192
· INDEX.
Section.
1536
1547
xvii
Page.
726, 7217
736
806
806, a
124
121
255
241
255
125
241
241
121
121
iv 796, 797
viii 799
1550 737, 738
738, a
738, b
1549
1549
736
736, 6
736
737, c
737, d-i
738, a
1533
723
1533
723, b
724, e
723
723,
..
......
health
.......................
Officers of city - Continued.
assignment of, on consolidation ...
certificate of appointment to be issued to................
*constitutional provisions for election or appointment...
*definition of such officers .........
...................
corporation counsel, the official adviser .........
may assign counsel on summary examinations......
private counsel not to be employed by ... .....
expenses for contesting offices of, paid to prevailing
party only ......................................
how paid.............................
*fees, etc
*constitutional probibition respecting special or local
bills ..........
*and extra compensation........
when officers may receive and retain......
section not applicable to subordinates...
no defense that salary has not been fixed.......
incompatible offices :
officials not to hold other civil office...
appointment vacates former office when accepted
exceptions. ....
functions of offices must be inconsistent.... ...
instances.........
legislature has power to declare what offices
shall be incompatible..
interest in contracts, work or sales: (See Contracts.)
forbidden, directly or indirectly. .....
compensation allowed for negotiating a loan ...
and for expert services in criminal case. ...
all officers of corporation ...
commissioner of health
permanent commissioner of lunacy can act as
sanitary inspector ....
r ......................
unless interest devolved by law ...........
penalty:
punishment as for a misdemeanor ............
and forfeiture of office.....
interest in purchase of real estate sufficient
cause for removal ... .
and perpetual disqualification for office or
employment, if offering or giving a bribe,
list of those not within a department to be published
anpually ....
official oath to be taken within five days
regular clerks :
words used in popular sense....
instances of persons not within this section.........
: not commissioners of accounts.................
removals :
*constitutional provision when no term fixed by law,
*power may be exercised at will. .......
*if power is continuous.......................
when appointment of successor constitutes re-
moval...............
no particular form of words........
by abolition of office.. ......
g. od faith required of head of department.....
on account of exhaustion of appropriation.. ..
by legislature...........
procedure by head of department..
grounds for removal.......
...... ...........
head of department decides ......
723, d
1533
723
.......
1533
1533
723
723
....
1723, a
1533
723
117
237
1548
736
1732, 1
732, m-p
733, 9
xviii
808
808, 6
808,
.............
...................
WVIUS......................
.........
731, 6
1732, 9
733,10
733, 8
733,
733, u
1733, 2-ad
.
.
1734, bb-ee
734, f
734, în
1534 724, 725
review by certiorari ......
summary examinations in court....
......................,
INDEX.
1193
Section.
Page.
1732, h
732, i
731, c
740
808, a
35
9
Officers of city -- Continued.
suspension :
equivalent to dismissal when caused by lack of ap-
propriation ...
or lack of work.... ...
not to be indefinite........
tenure of office:
offices to be held until successors have qualified .....
*legislature cannot extend term...
trustees of property, or funds in their charge.....
remedies of taxpayers for waste and injury of city
property ....
Official advertisements. (See Advertisements and City
Record.)
Oils, storage and sale of : (See Petroleum.)
in tenement houses regulated.. ...
One Hundred and Eighty-first street:
dedication of, between Andrews and Aqueduct avenues,
Opening streets, squares and places. (See Streets.)
Opium and its preparations:
retail sales of, regulated.....
Ordinances : (Also Resolutions: See Franchises, Municipal
Assembly, Public Improvements.)
abstract to be prepared by city clerk for City Record....
provision for publication is mandatory.............
1311
639
972
476
1516 715, 716
16
16, 6, d
17
amendments during consideration :
forbidden in certain cases....
............
.......
417
57
1556
25
206
34
740
.....
.....
.
codification directed .........
to be prima facie evidence, when published...
existing, to remain in force .................
enforced by and in name of city ..............
legislative acts to be by ... .....
mayor's approval :
to be presented for.......
by delivery at mayor's office .......
certain require publication.......
duty to pass upon cannot be delegated.....
sigpified by his signing......
failure to act equivalent to approval........
mayor's veto: (See Contracts.)
objections to be specified in writing............
to bouse where it originated ....
one or more distinct subjects and not the whole may
be vetoed...................................
how passed over the veto...
when vote of two-thirds required..............
when five-sixths.....
no further action of assembly valid, after passing
over veto......................................
penalties: (See Awnings, Hoistways, Street Railways.)
actions to be brought in name of city .............
bureau for recovery of, in corporation counsel's
office. ... ...
all moneys collected by, to be paid ipto city treasury,
authorized, exclude by implication, other penalties..
recovery depends primarily upon authority to make
the ordinance .....
revenue cannot be raised by way of penalty
public record, the book coutaining engrossed copy is. ...
style of ...... .....
time required for passage.......
vote required for passage :
majority always........
1
059
127
127
33, f
1194
INDEX.
Section.
Page.
Ordinances - Continued.
when three-fourths ,
when four-fifths ...
when unanimous...
when ayes and noes required ...................
..................... ...........
S ..................................
19.............
. on passage over mayor's veto.....
not essential when no division of opinion .....
when unanimous consent required for consideration,
for alienation of property ........
making specific improvement .........
expenditure of public moneys..
...........
115
same vote not required to designate person to
perform the work .......
20, a
Orphan Asylum Society of Brooklyn, appropriation for ...,
subd. 22 (23), 230
Orphan asylums in Brooklyn :
to participate in school funds ...........................
570
Orthopedic Dispensary, appropriation for ................ subd. 23, 230 114
Out-door relief. (See Public Charities.)
Overseers of poor, commissioners of public charities are ..
662 315
Osalic acid, retail sales of, regulated ...
1516 715, 716
Oyster business, designation of certain water front for ..... 825 396
Oyster and clam boats, wharfage on ..............
860 413, 414
Oyster islands:
part of Manhattan borough ..
.......subd. 1, 2
municipal court, first district includes . .............subd. 1, 1360 659
*first ward includes
836
..................................
...................
..
1311
1456
638
698
1545
1545
1545
699
1457
1457
1457
699
699
.........
Paints in tenement-houses :
storage and sale regulated.......
Paper not to be thrown into streets........
Papers for corporation advertisements. (See Advertise.
ments.)
Papers:
when copies of, to be furnished by departments........
when open to inspection....... ....................
how coin pelled ....... .....
Parades:
in streets................
on Sundays......................................
penalties .... .............. ................
police department:
permission granted by...........
streets designated by.........
Paregoric excepted from regulations concerning poisons ....
Parks : (See Fund for Opening, under Streets ; Maps.)
annual appropriations for, to each borough .......
Battery Place :
boundaries in park jurisdiction..
boat landings to be maintained ..........
regulations for, to be made .......
buildings in :
board of public improvements may allow, to remain,
for fire apparatus
for other public purposes, not in charge of borough
commissioner ...
in Bronx borough to be maintained.........
New York Botanical Garden ................
contract continued with....................
New York Zoological Garden, contract with....
1940 798, 799
1940 798, 799
1516
617
619
619
619
615
612
........
........
613
613
625
626
INDEX.
1195
...........
293
297
621
:............
258
627
01...
...
...............
620
Parks - Continued,
buildings in -- Continued.
Section. Page.
in Brooklyn and Queens to be maintained . ....... 613 293, 294
Brooklyn Institute of Arts and Sciences:
contract continued with ...
624 299
in Manhattan borough to be maintained............ 013 293
American Museum of Natural History ........ 613
appropriation for....
617
subd. 7 (2), 230 108
contract continued with.
622 298
aquarium in battery place .....
613 293
meteorological and astronomical observatory ..
613 293
appropriation for....
.........subd. 7 (1), 230 108
Metropolitan Museum of Art, in Central Park.. .613 293
appropriation for.... ...........subd. 9 (3), 230 108
contract continued with ..........
298
.............
New York public library ...
299
construction of:
assembly may provide for parks, parkways, boule-
vards, and driveways......
and authorize loans or bonds for................
board of estimate must first approve ...
legal proceedings in charge of bureau of street
openings in corporation counsel's office ..........
exhibitions and fairs forbidden....... ..........
gifts to :
city to take and hold real and personal property..
609 291
upon conditions prescribed by donors.......... 609 291 ..
what purposes.....
609 291
annual statement of.....
609 292
Harlem river improvement to be completed ..........
298
lands for: (See Opening Streets.)
damages for:
paid out of fund for street and park openings .. 174 78
no action for .............
174
proceedings to obtain, same as for opening
streets ......
; 970–1011 474–508
title to:
board of public improvements, duty of .......subd. 2, 415 204
city vested with title in former corporations.... 008 291
in condemnation proceedings ..........,,
990 493, 494
fee simple absolute.......
990 · 494
military encampments, parades, etc., forbidden......... 627 301
regulations for parks:
municipal assembly has general power over........
25
ordinances must originate with department con-
cerned...
amendment by assembly of proposed ordinance for-
bidden ...
'. 47
...... ....................... .
board to establish ..
610 292
uniformity in all boroughs.................
610
violation of, a misdemeanor.................
610 292
penalty .....
610 292
statistics of, to be published annually......
137 61
streets within three hundred and fifty feet of:
commissioner to determine curb, line and surface.. 612 293
to ornament with trees, etc ...........
612 293
lights .......
......
612 293
Parks, department of public: (See Art Commission.)
park board, head of department..........
101
290
general powers.............
610
78
.............
47
47
...................,
292
...............
.........
607
292
293
commissioner :
appointed by mayor.......
47
number and term of office.....
101
807 290
47
1196
INDEX.
607
291
291
607
291
296
293
226
858
293
607
277
G
C
CU
Parks - Continued.
commissioners — Continued.
Section Page.
designated to certain boroughs .....
mayor may change at request of board.......
607
salary $5,000....'.
not sueable as a separate corporation...
291, a
accounts of each......
617 296
annual estimate to park board.. .......
617
expenses restricted...
617 296
powers in their respective borroughs .......
612
over employes.......
614 294, 295
devolution of, under former laws.............. 616 295
president:
commissioner designated by mayor... ...
607 290
member of board of aldermen ................
25 14
secretary appointed by board...,
........
610 292
annual estimate of expenses and salaries.....
104
617 296
landscape architect, to be appointed by board
611 292
assent of, to plans and works.........
611 292
duty to submit plans and works.
611 292, 293
salary fised by board.
611
offices :
principal. in Manhattan...
607
branch in Brooklyn and Bronx...
607
and in other boroughs..
police force :
former consolidated with New York city department.. 273
powers of commissioners transferred to police de-
partment ........
274
property used for police department.......
275
detail from police department..................
313 161,
controlled by borough commissioner.........
614
supplies :
advertisements for...
618
contracts for.....
618
emergency, not exceeding one thousand dollars
618
subordinate officers appointed by board..........
610
in boroughs, by commissioner...
614 294, 295
Parkways. (See Parks.)
Partition fences and walls, assembly may regulate.........subd. 18, 49
Patented articles, provisions as to purchasing, etc......
1554
Patent hydrants, etc., condition on which they may be used, 477
Patented pavements, except for repairs, not to be used...... 1554
Paupers : " (See Correction, Department of ; Public Charities.)
Pavements. (See Streets.)
Paving. (See Streets.)
Pawnbrokers. (See Licenses.)
books may be examined :
by mayor and police.
317 164
general act concerning ........
31, note
police supervision of .....
316 163, 164
property taken from, by police.......
334
property may be examined by mayor and police .....
121
317
Payments. (See Finance Department.)
Peabody Homne for Aged and Indigent Women :
appropriation for. .....
................subd. 20, 230
Peace and good order :
assembly may pass ordinances to preserve............. subd. 22, 49
Peddlers. (See Licenses.)
Penalties (See Ordinances.)
Penitentiary. (See Correction, Department of.)
Pensions. (See Fire, Health and Police Departments.)
HH La Hán Sim "HE
....
.........
121
53
IVISIUL 01 .......................
.
172
53
164
INDEX.
1197
344
617
0
...................
....................
.........
.....
Section. Page.
Percussion caps, manufacture and storage of..
754 353, 359
Performances, dramatic. (See Theaters.)
Perishable property, duties of public administrator respecting,
Permits. (See Buildings, Dead, Fireworks, Petroleum, Tene-
ments.)
Personal taxes. (See Taxes.).
Personation :
of member of police force......
339 175
of member of fire department......
373
of officer of health department ... ...... ...... 1267
Pestilence.' (See Contagious or Infectious Diseases.)
Petroleum :
crude, sale and storage of..
765 359
refined .......
765 359, 360
licenses for sale of ..
766 361
frauds, on inspectors punished ...
163 361
criminal liability for death by burus......
167 361
lights, etc., near warehouses for, prohibited.
768 362
on vessels transporting.......
568 362
Pharmacy :
persons conducting, to be registered ......
1510 1712
penalty ..............................
1518 716, 717
not repealed by Penal Code ....
713, a
exceptions....
1510 712, 713
1511 713
qualifications necessary ......
1511 713
graduates of, meaning of term ...
1512 713
licentiates in, meaning of term....
1512 713
fee for examination, five dollars ..
1513 714
registration book...
1514 1715
fees for registry....
1514 715
fraudulent registration ....
1518 716, 717
responsibility for drugs, etc., sold ........
1515 715
exceptions .............
1515 715
retailing poisons, etc .......
1516 715, 716
physicians and wholesale dealers excepted .........
1517 716
penalties paid to certain institutions......
1519 717
physicians' prescriptions not to be prepared by appren-
tices or junior assistants .....
1512 714
section constitutional....
714 a
person not cxcused because no board is in existence,
714 7
penalty .......
1518 716, 717
board of :
of whom composed..............
1513 714
oath of office before city clerk...
1513 714
term of office three years ....
1513 714
vacancies, how filled .........
1513 1714
president and secretary chosen by board
1513 714
salary of secretary ........
715
meetings and quorum ..........
1513 714
duties .............
1513 1714
former boards of Kings and New York abolished.. 1520 717
Phosphorus, manufacture and storage of ........
764 358, 359
Physicians : (See Poisons.)
to keep register of, and to report births ...
1237 606
contagious diseases, report of, by ...
........subd. 1, 1247
sick, of contagious disease, report of, by.............subd. 2, 1247 609
dead, report of, by......
.........subd. 3, 1247
penalties for neglect....
1249 610
affidavit as to patients sick of contagio
ses....
1248 609, 610
night medical service :
annual appropriation for......
230 108
application for, by person residing in precinct...... 325 168
duty of police ..........
hours of service of physicians..
330
.......
.....
1514
............................
609
609
......
Nisea
.
0
325
168
1198
INDEX.
Page.
...
.............
170
178
589
F
604
638
764
359
Physicians - Continued.
night medical service - Continued.
Section.
list of physicians to be posted......
329
nearest physician to be called ..
328
payment för attendance ..
326
1191
refusal of physician to attend....
328
registry of physicians to be kept
325
certificate of standing by registrar.......
1191
report to board of health.
327
Piers. (See Docks).
Pigs :
driving and slaughtering regulated ..:...
1227
not to be kept in tenements....
1312
Pistols. '(See Fire-arms).
Pitch, quantity of stored ...
Placards. (See Banners, Placards and Flags.)
Place, matter or thing defined with reference to chapter gov-
erning health of department.......
1229
Plans. (See Maps and Plans.)
Plumbers :
list of registered plumbers to be published in City Record, 1528
Pneumatic tubes :
board of public improvements to prepare ordinances .
regulating ........
...... subd. 10, 416
commission of public buildings to control ........... subd. 2, 573
permit required to break streets..................... subd. 2, 573
525
Poisons :
regulations concerning sale of, at retail........
1516
laws not to apply to practitioners of medicine.. ...... 1517
nor wholesale dealers .......
............
1517
penalties, when recovered, to whom paid........
1519
Police courts : (See Courts.)
Police department: (See Board of Health, Elections, Gar-
bage, House of Detention, Informers, Kites, Licenses,
Magistrates' Courts, Parades, Regattas, Vagrants.)
former, abolished..
...........................
forces consolidated .......
273
277-280
powers transferred to new department............. 274
property held by, transferred to new department.... 275
appropriations for... ...... ..........
289
722
205
278
278
1715, 716
273
136,
320
commissioners of:
number of .....
.
........
99
270
133
270
270
270
133
133
291
14%
term of office ,.....
not more than two of same political party..........
salary, $5,000.....
to hold no other office ....
votes cast for at election within thirty days after
resignation, to be void.
power to issue subpoenas,..
head of, police board is ......
291
301
99
135
270
271
281
274
120
.
.
...
274
134
controls department..
general authority of
devolution of powers of former boards........
of park boards ......
........ .....
of bridge trustees ..,
.............
to prescribe rules for government of department ..
to enact and modify rules of discipline of subordi-
pates......
rules remain in force until altered by successors....
bind the board of police also ......
274
272
134
300
147
148, 4
148,6
INDEX.
1199
Page.
.
...
1167
...............
277
300
302
154
Plung......................
Police department - Continued.
head of, police board is --- Continued.
Section,
to compel attendance of witnesses
301 153
certified copy of minutes, evidence.
298 145
president of, appointment of, by board.....
295 143
powers and duties of.....
295 143
member of board of health...
109 49
574
of board of aldermen
25 14
treasurer of, appointment of, by board....
295 143
to give bonds........
296 144
powers and duties...
295 143
297 144
deputy treasurer appointed by treasurer, with consent
of board . ......
..... .. ..................
296 · 144
treasurer responsible for.......
......................
296 144
chief clerk of, and deputy:
may administer oaths, etc.......
251 122
annual departmental estimate . ....
226 104
including deficiencies in pension fund... ....subd. 13, 353 184, 185
boats and steamboats to be used...
324 167
bridge police, detail for .............
314 162
former consolidated ...
273 134
277 131
bureau of elections : (See Elections.)
captains of, number of ...
276 135
first appointment of.........
140
future selection of ..........
288 140
salary of, $2,750 ......
299 145
charges against members of force :
board to adopt rules for hearing..... ............
148
to punish members of force on conviction, etc.....
to be in writing.....
...........
300 148
heard in borough when officer is serving......
300
when one commissioner can dispose of.......
300
majority of commissioners may act ...........
730, a
for what .....
.................
302
all officers may be examined by board
chief of police, office authorized ..
276
appointment of
...........
286
future selection of.....
....................
chief executive officer .....
292
...........................
142
duties and powers.........
........................
142
absence or disability........
2933 143
salary, $6,000 ........
299 145
when retired by board......
148
civil service regulations. (See Civil Service, Municipal.)
conduct unbecoming an officer, board may punish for ...
154
when insanity not a good defense.......
150, ab
mistake of judgment no defense........
150, ac
committing an assault........
not established by proof of not being eligible......
150, aa
constables, police have powers of . ...
.........
337 193
throughout the state.....
337 173
criminal process served by policemen................
340 175
delay in medical attendance on citizen.................
170
detectives, central office, bureau of.... ...............
290
patrolmen assigned to ......
290
...........................
duties and compensation......
290 141
headquarters and branches.......
290 141
detective sergeants, number of.....
136
appointment, duties.......
290 141
deputy chiefs of police, five......
276 135
first appointment of.. ...
287 140
future selection of ............
......... ....
288 140
salary, $5,000......
299 145
................................
148
148
150, y
.................
.....................
139
140
28
292
.
151, ne
...........
..........
228
141
141
276
1200
INDEX.
Page.
166
166
..............................,
............ .....
................ ..
......
.....
.................
104
174
1.................
166
........................
.........
..............
Police department - Continued.
Section.
when retired by board ....
300
one to be assigned to Brooklyn.....
320
320
dismissal from force (See Removal.)
doormen, number of.........
276 136
salary of, $1,000........
299 145
duties, generally .......
315-319 163-165
(Seč under Beggars, Fires, Gambling Houses, Health,
Houses of lll-Fame, Insurrections, Lottery Offices,
Mobs, Pawnbrokers, Regattas, Riots, Traffic in
Streets, Travelers.)
employees of former boards continued. .....
282 138
appointed by police board ......
283
exemption from military and jury duty.........
341 175, 176
this is unlimited .....
176, c
arrest on civil process ..........
341 176
176, a, b
service of subpoena......
341 176
fines, board given power to inflict
302
may be inflicted by one commissioner
er...........
300
ten days for detaining prisoner..
338
fire marshal may report to ......
781 368
gratuities not to be accepted ...,
............
306 157
when board may allow ......
306 157
headquarters or central station in each borough....
.......
320
inspectors of, ten .....
276
first appointment of ...
287
salary of, $3,500...........
299
legislation, clubs, etc., to influence, not permitted....
306
marshals, police have powers of in serving process for
for violation of health laws........
1262
273
medical attendance for citizens. (See Physicians.)
mounted patrol.......
324
nomination to office equivalent to resignation from de-
partment ........
291
unless declined within ten days . ................
291
oaths, who may administer.......
301
person complaining of felony or misdemeanor may
be required to make....
301
office, additional cannot be held by member of department, 291
320
pension fund:
police board, the trustees ...
351 181
duties of .....
to adopt rules, etc.......
357 189
treasurer of police board, treasurer of fund
351
bond of, $100,000 .......
... ..... .............
annual report to assembly ..........
351
certificate of disability, when required..........
357
children, when pensions to terminate.....
356
consists of police life insurance fund ............subd. 1, 353
existing funds in New York city to be paid to
trustees ....
........ subd. 2, 353
gifts, rewards, etc .................. .....subd. 3, 353
....... subd. 4, 352
335
deductions from salaries...
..subd. 5. 353
licenses “under section 340”.
....subd. 6, 353
excise moneys ....
.subd. 7, 353
permits to carry pistols.....
.subd. 8, 353
permits for masked balls ..
......subd. 9, 353
........
....................
351
351
181
181
............
....................S
INDEX.
I 201
Page.
184
184
352
189
352
1
1
0
188, e
188, f, g
............................
188, f, g
............
Police department - Continued.
pension fund-consists of police life insurance fund-Con. Section
two per centum of monthly pay .............subd. 10, 353
other funds applicable to this purpose .......subd. 11, 353 184
unexpended balances of appropriation for sala-
ries ............
..........subd. 12, 353
appropriation for deficiencies in fund........ subd. 13, 353
gifts or bequests ........
.........subd. 14, 353
exempt from execution ........
182
existing pensions continued.... ............ ..
356
fraudulent claim on, penalty for .......
182
gratuities, reward or compensation not to be paid
out of ..........................
..................
351 181
discretionary pensions classified.................
354 185, 186
granting such pension, discretionary .......
186, a
powers of trustees to diminish or terminate.
356 189
perjury in obtaining a pension ..... .......
352 182
twenty years' service pensions ..............
355 186,188
officers need not retire........
355 188
vote of police board necessary .......
188, a
involves judicial discretion . ......... .....
188, 6
and reasonable delay ...
................
188,
time, how computed ...,
........................
pending charges, what are...
twenty-five years' service pensions ...
355 187, 188
board must retire ....
188, d
pending charges, what are..........
time, how computed ....
188, e
widows, when pensions to terminate .
356 188, 189
police force:
absence from duty, when leave granted..
303 156
without leave..................
303 155
must be voluntary and intentional.............
156, c
not when cansed by unjustifiable arrest .......
156, d
assignments to duty made and changed by chief.... 292 142
municipal assembly to change number of, on recom-
mendation of police board.......................
226 135
of whom to consist ..............
276 135
members of former forces transferred to ........... 277-280 136, 137
excepted from assignment on consolidation.........
1536 727
qualifications for membership....
138-139
exception as to residence...
284 139
intoxication, conviction for, a bar to appointment,
139, a
appointed by police board....
283 136
applications for appointment to be published in City
Record ..............
also appointments.......
284
(See Civil Service, Municipal, for Examinations, etc.)
members of, to receive a warrant of appointment
and take oath of office.....
285 139
park police, detail for....
313 161, 162
former consolidated ....
273 134
278 136, 137
patrolmen, number of, 6,382 .....
276
increase of, limited....
289 141
...........................
276 135
salary of ........
299 145-147
..............
assignment as roundsmen.........
292 142
employment on other than patrol duty........
324 168
personating policeman, with fraudulent design
339 175
plers for recreation, order maintained on .
837 402
political clubs, membership in, not permitted ........
306 158
158
contributions, not permitted ............
precincts to be established by board..............
166
284
............
284
139
wu Lake van 01 Ounce..........................
.
............................
......
............
306
320
I202
INDEX.
Page.
168
171
................
.
333
281
.....
a, 6
281
283
.
291
.
.
.
151, af
151, ag
.
Police department - Continued.
Section.
promotion in force .....
288 140
subd. 4, 304 157
civil service law not to affect existing rights ....... 125 57
property to be acquired by board ...
320 165, 166
of consolidated corporations transferred to board... 275 125
320 166
unfit personal property may be sold
324
proceeds paid into general fund of city ........ 371 19+
property clerk (See Animals)....
288-293 139–141
to take charge of property stolen, lost or abandoned. 331
security from, may be required. ......
331 171
return of same......
332 171
action to recover from......................
172: a, b
conflicting claims ........
............
333172
unclaimed, stolen and lost property to be registered
and advertised......
172
to be sold if unclaimed.......
335 172
abandonment necessary ...........
173, a
proceeds paid into police pension fund ..
335 1173
property to be used in evidence ....
336 173
rank and duty to be prescribed by police board...
137
resignation only by permission of board
303 155
what absence deemed to be ..........
303 155, 156
how reconsidered, when procured by fraud...
156.
removal of members; police board has power .......
137
138
causes for:
302 154
absence from post.....
151, ad
accepting another public office.
142
or nomination...................
291 142
assaulting a citizen................
or fellow-officer.................
conviction of a crime.......
150, 20
not before conviction...
delay in medical attendance on citizens
170
failure to arrest, though off duty...
152, ap
300 148
intoxication.
151, ai
burden of proof.....
through mistake ..
151, ak
degree immaterial.....
151, al
cases cited ........
151, am
maltreating a prisoner.......... .............
151, ah
offenses committed when off duty........
152, an
prisoner not taken to nearest magistrate ....... 338 174
takiog gratuities without permission of board..
157
violation of rules when off duty.....
152, ao
void appointment; without trial.
152, aq
. review by certiorari where there is jurisdiction in
the board to try.......
.........
152, as
otherwise, mandamus ...........
152, as
power of supreme court extends to law and.
evidence ...
152, at
court of appeals to law only.....
152, au
when a question of law arises........
152, av
evidence is clearly for accused . ...
152, aw
is sufficient....
152, ux
153, ay
insufficiency of evidence must be pointed out to
board ...................................
153, az
errors of board relating to evidence. ...
153, aaa
paliating circumstances not considered on review.
153, aab
discretion of board cannot be reviewed.........
153, anc
soundsmen, number of ...............................
276 135
salary of, $1,500 ...
.
150. g
.
320
.
insanity ...........
..
151, aj
206
..........
299
145
INDEX.
1203
i.................
............
155
161
...
........................
287
288
158
320
..........
..........
276
17
0
143
299
................
...........
Police department - Continued.
Section,
Page.
salaries paid by treasurer of board ...
297
of employees fixed by board ...
144
283 138
of force. (See Patrolmen, etc.)
prior to January 1, 1898, not to be affected.....
283 138
299 146, 147
on reinstatement after removal.
· 153, aad,
aae
when mandamus will lie ......
153, aaf
board may forfeit or withhold, as a punishment.... 302 154, 155
"limitation, on suit to recover ...
302
deductions paid into pension fund.... ......subd. 5, 353 183
two per centum to be paid to pension fund ......subd. 10, 353
sanitary company......
312
sergeants of, number of....
276 135
first appointment of ...
140
future selection of.........
140
salary of, $2,000....
299 145
special duty, assignments to ..
308 158, 159
special patrolmen, when may be appointed...
308
350 180
stationery for department......
297
••••• ••. .........
station-house to be established ...
assembly to authorize ...
320
statistics of, to be published annually
137
steam boiler inspection. (See Steam Boilers.)
surgeons of, number of........
chief surgeon.......
276
duty of, to be assigned by police boa
oro......
294
to aid sanitary inspectors ....
294 143
salary of, $3,000....
145
not reducible.....
147, a
power of board ..
suspension by chief of police.
142
effect on salary.........
.......................
142
no indefinite suspension ...
152, ar
telegraph force .....
.......
rank of former.
277 136
telegraph and telephone lines to be maintained by board, 323 167
to be used in assisting health department
323 167
trials : (See Review under Removals, ante.)
to be conducted under rules adopted by the board .. 300
limitations on, express and implied..... ......
300 148
148, c
charges must fairly set out the offence... ....
148, d
149, f
be in writing............................
300 148
149, e
personal notice must be given.........
149, f
time fixed for, cannot be shortened........
149, h
place of, to be in borough where accused was serving, 300 148
commissioner or board does not act as a court ......
149, i
majority of board need not be present....
149, K
all the commissioners need not examine the testi-
mony .................
149, 1
when commissioners not disqualified ........
149, m
accused entitled to counsel.........
149, u
order of proof ........
149, 0
competent evidence cannot be refused ......
149, p
want of credibility, no ground for refusal.
149,9
board may not convict on their own knowledge..
150,
otherwise in inflicting punishment ............
150, r
record of an officer, how used by board ...........
150, 8
150, t
accused may cross-examine opposing witness... ..
150, u
adjournments may be refused...................
150,0
............
..............
154
..............
....
.
IVO SuspenSIVU .......... ..............
....... ....... ...............
276
136
148
........
.....
I 204
INDEX.
175
175
0
0
000
240
Police department - Continued.
trials - Continued.
Section. Page.
pending trial before magistrate, no defence.
e.......
150, 2
when re-trial may be had on reversal of first......
153, aa
transportation of prisoners and supplies, teams may be
or.......... .. .. .................... .....
324 167
uniform and insignia of, to be prescribed .............
339
wearing of by others than policemen ........ ..... 339
Police justices ; (See City Magistrates.)
expense of allowed, when successfully defending his
right to office . .......
231 116
paid out of proceeds of special revenue bonds .... subd. 2, 188 86
*to act for coroners during absence.....
coroners during absence... ...............
1779 000
*district court justices to act as in certain instances..... 1389
Police pension fund. (See Police Department.)
Police Powers. (See Municipal Assembly.)
Police regulations: (See Electricity.)
municipal assembly has general power over ........
ordinances must originate with department concerned ..
amendment by assembly of proposed ordinance forbidden,
Policy shops. (See Lottery offices.)
Poor: (See Blind, Excise Moneys.)
what included in the term ......
120
powers of local boards................................
393 198
Port of New York, waters included in........
864 415, 416
Post Graduate Hospital, appropriation to babies' ward of.. subd. 8, 230
Potter's Field. (Sée Hart's Island, Public Charities.)
Powder train. (See Combustibles.)
Presbyterian Hospital, exempt from taxation
438, 10
Printing and stationery for corporation :
to be executed by contract.
1528
720
by whom made
1720
when to be done without contract.....
1528 1720
Prisons:
board of health may require reports from............... 1169 576
*state commission authorized..........
xvi 804, 805
Private contracts, officers not to be interested ............
1533 1723
Private schools in tenement houses.....
1318 645
Privies, control of board of health over...................
1214 598
Process, criminal, police to serve..........................
340
175
Processions: (See Parades.)
Property: (See Property Clerk, under Police Department.)
taken by police, temporarily placed in station houses... 320 165
Property of city: (See Buildings, Education, Franchises,
Harlem River, Leases, Markets, Ordinances, Police Depart-
ment, Public Buildings, Schools, Street Cleaning, Water
Supply.)
of annexed corporations vested in city..
rights of city are inalienable.......
171
111
1528
.........

84
776
sales of, when no longer needed...........
220
at auction, after notice....
1553
made by head of department.......................... 418
205
proceeds to be used for redemption of city debt......... 205
220
exception................
appraisal of excepted property.....
... .. .... ....
appraisal without previous appropriation.......
effect of condition subsequent in grant......
title of purchaser under act of 1834...
Protestant Episcopal House of Mercy:
appropriation to.......
...........subd. 17, 230
Provisions, unsound:
inspection of suspected.
1184
102
1739
207
93
93
103
94, c
95,
95, a
94, b
ono
113
586
INDEX.
1205
217
1026
• 20
g to
225
Provisions, unsound -- Continued.
Section Page.
when in prohibited places.................
1209596
penalty for disobedience. ..........
1211 596, 597
Public administrator:
to be a county officer hereafter ..
1585 744, 745
title of office.....
............... ........
1585 744
*head of independent bureau....
1023
*appointed by surrogate ....
1023
*bond ..
1023
*salary of....
217 1023
*commissions, etc., received by, paid into treasury.
218 1024
*rates of.........
218 1024
*effects of intestates:
*when to have authority over.......... ............ 219-221 1024
*limitations upon authority ........
220 1025
*authority over estate of decedent not given by
*mere subscription to stock in domestic corpora-
tion ......
1025, c
*order of surrogate, when necessary ...............
221 1025
*subpæna to discover concealed assets ............
222 1026
*8 2706, Code Civ. Proc., has no reference to this
proceeding ............
1026, a
*when proceeding covered by.............
1026, 6
*proceedings under..
223–224 1026,1027
*applicable only to property belongin
deceased or in his custody ..
1027, a
*no answer contemplated....
1027, 6
*health offlcer, duty of, relative to .....
1027
*when perishable, may be sold .....
226 1027
1028
*sale of, when perishable ...................
226 1027
1028 1
*when worth not more than $100, to give notice, 231 1029
1030
*proceedings thereunder...... ........... 231-232 1029
*expenses in securing, etc., to be taxed by surrogate, 229 1029
*assets, when to be delivered to executor or admin-
istrator............
235 1031
*authority of public administrator over, when to
be superseded........
1031
*letters of administration, when to be applied for by.... 227 1028
*when to give notice ........
227 1028
231 1029,1030
*$ 228 and not the Code of Civ. Proc. applicable,
1028, a
*when relative entitled to notice ......
1028,
*letters granted without service of notice are void,
1028, c.
*irregular notice, letters upon default.......
1028, à
*nature of public administrator's right to
letters ..................................
1028, e
*when to be granted to public administrator ....
230 1029
*when granted to relative.........................
228 1028,1029
237 1031
228 1028,1029
*rights and powers of, when entitled to administer.
239 1032, 1034
*power of, before issue of letters.....
233 1030
*foreign consuls, when notice to be given to ........... 234 1030, 1031
*suits by, not to abate...........
238 1032
*plaintiff may apply to substitute successor in case
of resignation or removal.....
1032, a
*moneys received by, how deposited....
240 1034
*may make advances to relatives of deceased........... 2411034
*annual statement of, to board of alderman ..
242 1034, 1035
*penalty for neglect to make......
243 . 1035
....
...
...
236
occurred when entities to administer
1206
INDEX.
Page.
1035
1035, a
1035, 0
1035, C
1035, d
1036, e
1036
1036
1037
.....
279
206
206
355
Public administrator - Continued.
Section.
*corporation responsible for acts of.........
244
*corporation liable for acts within his authority....
*not for acts outside of his office ...
*not liable for interest on moneys paid into city
treasury ...............................
*moneys paid into city treasury, how obtainable....
*personal liability of public administrator when act-
· ing in good faith........
*to deliver effects, etc., to successor .......
245
*reports to, by hotel-keepers, undertakers, etc........ 246
*10 leave copy of law at boarding houses, etc........... 247
Public buildings: (See Property, Schools, Water Meters.)
assembly to provide for acquiring or constructing .
and authorize loans on bonds... ....
board of estimate must first approve.....
care of buildings and offices:
commissioner of public buildings charged with....subd. 3, 573
cleaning buildings and offices:
commissioner of public buildings charged with... subd. 3, 573
erection or repair:
board or commission for, appointed by mayor ...... 118
commissioner of public buildings charged with. .. 573
ordinances regulating, prepared by board of public
improvements .....
......subd. 11, 416
provisions respecting....... ...........
417
fire regulations ..............
762
supplies: (See Printing and Stationery.)
commissioner to purchase fuel, furniture, etc..... subd. 6, 573
furnishes on requisition, by head of department...subd. 6, 573
violation of regulations, etc..........................
580
Public building, lighting and supplies, department of: (See
Baths, Boroughs, Electricity, Gas, Pneumatic Power, Pub-
lic Buildings, Streets.)
represented in board of public improvements...........
commissioner of public buildings, lighting and supplies,
the head........
.................. subd. 5, 100
572
sole executive power vested in......
450
appointed by mayor .............
5, 100
572
term of office, six years.........
100
salary, $7,500.......
572
member of board of public improvements.
410
annual report to mayor..................
457
contracts executed by.....................
457
prepared by.........................
subd. 6,
for gas, etc..............................
573
supplies for public offices....
subd. 6, 573
jurisdiction and duties.. ....
573
devolution of powers of former boards....
588
ordinances of assembly to be obeyed by..
450
annual estimate of expenses and salaries..
architect consulting, may be appointed. ......
455
qualifications. .
board of electrical control of New York to deliver maps, etc. 586
bureaus :
organized by commissioner...
458
branch bureau in Brooklyn.....
458
and in other boroughs.........
458
clerks and subordinates :
appointed by commissioner ......
in boroughs, by deputy in charge........
salaries ...
456
96
.
..............
...
...........
573
278
279
278, 279
286
223
....
104
226
....
......................
456
456
INDEX.
1207
Section.
Page.
586
285
452
452
452
452
224
224
224
224
............
455
453 224
453 224
453 224
454 255
453 224
453 224
255
455 255
279
281
575 279, 280
223
451 223
223
.......
.....
.
...::
451
Public building, etc., department of — Continued.
commissioners of electrical subways of Brooklyn to
deliver maps, etc.......
..........
deputy commissioners : (See Boroughs.)
appointed by commissioner.......................
one at main office. ............................
one or more branch offices may be assigned to......
designated by cominissioner, to exercise bis power..
engineers : (See Boroughs.)
chief appointed by commissioner.....
has power to appoint and remove assistants.
more than one chief if board approves.
duties prescribed by commissioner.....
qualifications of engineers .. ...........
at branch offices may be deputy commissioners.....
consulting, of public buildings, may be appointed..
qualifications of............
.......,
duties of....................
inspectors of electrical wiring, qualifications of.....
gas meters, duties of....
main office in Manbattan borough ......
unless board of public improvements changes..
branch offices in other boroughs........
pecuniary interest in gas, etc., forbidden to all officers
and employes.................
also giving of certificates or opinions. ......
Public charities. (See Blackwell's Island, Hospitals, Insane,
Sick, Ward's Island.)
buildings: .
commissioners to alter or repair..
children:
commitment of destitute and criminal
who are such children.......
duty of commissioner ...............
term and discharge ...,
to certain institutions ..............
indentures, .etc............
private institutions cannot receive payment for, with-
out certificate of commissioner .....
revocation of certificate.......
certiorari to supreme court on revocation ......
lists of children to be filed each three months..
record of, to be kept....
separation of destitute and criminal..
inmates of public institutions. (See, also, Children, ante.)
classification .........
employment of ..................................
hours of labor .....
instruction .....
obedience to rules may be required ............
577
280
577
280
672 319
665 316, 317
317, a
666 317
667 317
668 318
664 316
GOII ODU UINVhas
.
.
..
.
..
.
.
...
.
...
.
314
314
661
661
661
667
669
663
314
318
318
316
618
..........
...................
663 315, 316
322
682 322
663 318
682 322, 323
322, a
682 323
669 318
662
315
SO.....................
punished as disorderly persons when thrice guilty..
record of .....
outdoor relief: (See Blind.)
commissioners pot to dispense...
exceptions......... .......................
paupers: (See Vagrants.)
commissioner in each borough to care for.
relatives of certain, required to support.......
676
320
an absolute duty .;...
Manhattan and Bronx,
662 314, 315
683 323
323, a
673 319
695 328
potter's field in each borough except Manhattan and Bronx,
Hart's island, continued use of.......
public institutions under control of board :
classes of, enumerated......
each commissioner charged with those in his own
borough......... ...........................
weekly reports by chief officer..
661 313
661 313
680 321, 322
sucei...................
1208
INDEX.
Section.
Page.
662
315
Public charities - Continued.
removal of indigent:
commissioner to pay expense when for interest of
city ..........
work for department by inmates of correctional institu-
tions :
on Blackwell's or Randall's island. ...
elsewhere ....
Public charities, department of: (See Abandonment and
Bastardy Proceedings, Blind, Insane).
board of public charities, the head....
677 520, 321
6717
...................
103
658
mm
commissioners of :
appointed by mayor..............
number and term of office............
designated for particular boroughs,....
temporary designations....
salaries of...
jurisdiction of the several....
659
..............
312
devolution of powers of former boards..
absence or disability.......
overseers of the poor of the city.....
..........................
103
658 311, 312
103 47
658 311
658 312
312
658 312
659
660 313
662 314
659 312
662 315
315 a
3157
315 5
315 c
315 d
674 319
319
674 319
320
320
...............
.................
..........................
........................
......
674
not agent of city ....
city not liable for uegligence of....................
cannot sue or be sued.
nor borrow money ...
accounts to be kept by....
monthly statements .......
annual estimate......
expenditures not to exceed appropriation...........
to be made only according to appropriation.....
president of board :
designated by mayor...
...........
member of board of alderman..
annual appropriation for care of sick, etc........
estimate of expenses and salaries...........
........
674
674
'.......
658
25
662
226
674
312
14
315
104
.....
319
659
659
312
..............................
312
.........
658
deputy commissioners :
appointment of....
powers and duties of.....
offices :
principal, in Manhattan........
*in city hall .......
branch in each borough ........ .............
rules and regulations :
board to adopt, for department and institutions...,
except for certain private institutions .........
312
788
312
658
659
659
661
659
660
659
commissioner in each borough, subject to...
may make rules not inconsistent with those of
; - board. .......
secretary of board :
appointed by board.........
...............
subordinate officers and assistants ;
in boroughs, appointed by commissioner........
in office of department, appointed by board.........
salaries not to exceed appropriation................
supplies: (See Contracts.)
advertisements for proposals.....
contracts for ..
not exceeding $1,000.......
requisitions for, to be made by subordinates .......
statistics of, to be published annually..
659
659
659
313
313
313
675
675
675
679
137
320
320
320
321
................
INDEX.
1209
Page.
Section.
Public comfort stations. (See Baths.)
Public cries. (See Streets.)
Public exhibitions. (See Theaters.)
Public improvements. (See Local Boards, Maps, Ordinances.)
Public improvements, board of: (See Awnings, Bronx,
Boundaries, Bridges, Fire Department, Garbage, Horse
Troughs, Local Boards, Maps, Markets, Parks, Sewers,
Signs, Streets, Telegraph Posts, Tunnels, Urinals, Water
Supply.)
how constituted.......
office and meeting room in borough of Manhattan...
meetings :
once a week at least....
whenever president deems necessary..............
quorum, a majority of six commissioners...........
410 201, 202
412 203
412
412
410
412
203
203
202
203
202
votes of presidents of boroughs
president: (See Assessments, Maps.)
member of board .... ..........
head of the board ......
.........
appointed by the mayor ......
201
.......
411
100
411
arderilen
..............
25
411
411
411
411
411
411
46
202
46
202
14
202
202
202
202
202
202
202
.......
.......
411
411
411
411
411
411
HR
202
202
202
202
202
.....
..!
410
411
402
202
202
411
term of office, six years .........
salary, $8,000.................................
member of board of aldermen ..
of board of revision of assessments.........
presides at meetings of board ....................
certifies proceedings ..............
calls for reports required from departments. .......
assigns work in cases of difference .......
decides disagreements between departments........
except finance and law ...
also between contractors with different depart-
ments ......................
decision may be reversed by board ...
mayor exercises this power, when ....
approval of resolutions not necessary .......
votes as member
vice-president:
appointed by president from board
in absence of presideut presides ................
certifies proceedings.......................
secretary :
appointed and removed by president of board
salary, fixed by board.....
attends meetings of board.......
keeps records of proceedings......
other duties at president's direction......
clerks appointed and removed by president of board....
salaries fixed by board.......
annual report to mayor .......
appropriation to be used in one borough, when trans-
ferred to another.........
assembly to be furnished with information by........
special report on desirability of work proposed by
assembly .......
departments represented in
bridges .......
highways ............................
...... (ante)
public buildings, etc...
... (ante)
sewers ...
........... (post)
street cleaning........
........... (post)
water supply ................
(post)
when final action in matter respecting taken .......
exclusive powers of individual commissioners not
diminished
412
412
202
202
202
203
203
202
412
412
412
412
203
203
...........
461
412
227
203
414
96
204
44
287
..................... Cante)
254
594
523
572
555
533
486
412
278
272
259
228
......
203
413
204
1210
INDEX.
Page.
47
47
25
25
203
...
................
....
.....
Public improvements, board of — Continued.
Section.
employes transferred from department to department by
board ..........................................
460 227
with consent of commissioners affected .........
460 227
ordinances:
affecting any department, where originate .........
amendment by assembly forbidden......
board to prepare, in certain cases..
416 205
powers of : (See Maps.)
contract work..
............
413
departmental subjects...
415 204, 205
former board of street opening and improvements,
powers of conferred on....
426 216
general powers .....
426 216
Public institutions: (See Public Charities, Department of;
Correction, Department of.)
reports from:
board of health, may require. ........
1169 576
Public library. (See Parks.)
Public place included in term “street”............
462 227
1010
1466 702
Public pound. (See Animals.)
Public School Society. (See Education, Department of.)
Public square included in term “street”..
462 227
1010 508
1466
Pumps:
assembly may regulate......
................subd. 17, 49
ordinances prepared by board of public improvements, subd. 6, 416 205
508
702
19
5
Quarantine commissioners:
board of health to cooperate with......
1169 576, 577
Quarreling in streets. (See Disorderly Conduct.)
Queens, borough of: (See Education, Electricity, Fire Depart-
ment, Municipal Assembly, Municipal Courts under
Courts, Street Cleaning, Supervisors, Wards.)
territory of ..............
................ subd. 4. 2
ninth council district...
election of aldermen in............
24
accounts from local improvements may be audited in
borough hall.............
..............subd. 4, 151
assessments and arreurs : '
collector to have office in borough .......
copy of assessment to be filed in .........
159
payable at borough office ......
157
auditors may be detailed to borough hall
subd, 4, 151
city clerk to appoint a clerk in .
city magistrates, three to be residents and electors..... 1394 674
terms of office .....
1394
commissioner of buildings for Queens and Richmond ... 644
salary, $3,500 ......
644 304
general powers under existing laws
646
305
commissioner of public charities designated to Brooklyn
and Queens......
658 312
salary, $7,500......
658
312
temporary designation......
312
three coroners to be elected every four years...
1570
corporation counsel may have an office in ...
..........
257 126
bureau of street openings in law department .....
criminal courts :
second division includes Brooklyn, Queens ard
Richmond ...
1390
673
clerk of special sessions and attendants ............
678
32
18
.................
675
304
659
741
258
127
1404
INDEX.
1211
..............
339
779
359
1
658
291
Queens, borough of -- Continued.
Section. Page.
deputy commissioners of public charities in Queens and
Brooklyn .............
659 312
additional .................
659 312
deputy fire commissioner :
to manage department in Brooklyn and Queens..... 721
to hear cases arising tiiere ...
367
detectives, branch office of central office bureau of, inay
be established in ........
290 146
elections, branch bureau of, located in.....
390
at police headquarters......
366 192
salary of chief of bureau......
362 191
fire marshal :
to be appointed for Brooklyn and Queens.....
1779 366
to hear cases arising in borough.......
.. .........
1779 367
gas, price of, not affected by consolidation.....
1539 729
health department:
branch office and records......
1181 584, 595
clerk, with power to certify papers................
1182 585
assistant registrar......
1190 588
local improvements, accounts of, may be audited in bor-
ough.......
.......subd. 4, 151 6 8
maps of Long Island City, duly adopted, declared final.. 432 217
marshals :
six to reside and perform duty in borough ......... 1426 685
municipal court :
districts and boundaries.....
1362 660, 661
three justices to be appointed by mayor in 1898... subd, 4, 13:2 658
salary, $5,000..................
1355
salary of clerks ...............
1373 668
park commissioner designated to, with Brooklyn........ 607
branch office may be established by board.....
607 291
police headquarters for the borough ........
320 166
trials to be in borough where officer is serving..
300 148
president of borough ;
salary of, $3,000.......
382 195
public charities, department of :
branch office in borough......
658 312
school board :
chairman, member of board of education.......
108
taxes :
receiver, to have an office in borough........
155
payable at borough office ....
157
taxes and assessment, department of :
branch office in borough.....,
Queens County: (See Buildings, City Clerk, Debt, Fire
Department, Parks, Property, Public Buildings, Public
Charities, Sinking Fund.)
consolidation of part of town of Hempstead in city of
New York........
local government and administration vested in city..
books, papers, etc., transferred....................
1537 728
county charges. .. .....
arges. ........ ......
...
..................
1583 744
1593 748, 749
court house and county buildings to remain the property
of the county ...............
8 6
drainage and sewers, powers and duties of former offi-
cials, devolved on commissioner of sewers..........
566 277
election records of part consolidated, transferred to
police board .........
368 193
highways, powers and duties of former officers devolved
on commissioner of highways........
527 258
officials, assignment on consolidation.....
1536
petroleum, etc.;
license to sell without fee..........
1766
.....
1890
O
1
726
361
1212
INDEX.
Queens county - Continued.
police forces of consolidated towns or villages, to be
members of city police force ..
school moneys to be apportioned......
state taxes payable by annexed portion.......
street cleaning, powers and duties of former officials
devolved on commissioner of street cleaning ....
taxes not to be laid by supervisors on annexed district..
Section.
280
1596
1594
Page.
137
749, 750
749
547
1591
271
1748
R.
595
..................
645
..
........
......................
818
Rags:
when seized and sold......
1207
storage of ......
770 363
not to be stored or handled in tenement-houses......... 1318
Railroads in streets. (See Street Railways.)
Railroads :
*constitutional prohibition on private or local bills re-
specting ........
iv 796, 797
interfering with water supply, may be changed at ex-
pense of city.........
485 237, 238
Randall's Island:
part of Manhattan borough......
.........subd 1, 2
*twentieth senatorial district......................
i
794
*thirty-third assembly district..........
first district of municipal court........ .......subd. 1, 1359 659
*twelfth ward.....
839
work by inmates of correctional institutions............
677 320, 321
Rapid Transit Acts not affected ......
45 24
Rates and charges. (See Taxes.)
Receipts. (See Contracts.)
Receiver of taxes. (See Taxes.)
Recorder continued, as recorder of county of New York..... 1615 753
Records of annexed corporations transferred....
1536 726
1537 728
Red precipitate, retail sales of, regulated...............
1516 715, 716
Regattas : :
police board to prescribe and enforce rules for..........
319 165
Relief fund of fire department. (See Fire Department.)
Religious and denominational schools :
moneys raised by taxation not to be given in aid of
1552
public property for, to be sold at auction .....
1552 739
lease of public property to.................
1552 739
not to participate in school moneys ......
1151 568, 569
Religious societies. (See Taxation, Exemption from.)
Remission of taxes. (See Taxes.)
Reports :
of departments, etc., to be published in City Record.... 1528 1721
number to be printed limited .......
1528 721
Resolutions. (See Ordinances.)
Revenues, not otherwise appropriated, credited to general
fund ..........
Revised Statutes :
sections 7-9, chap. 2, title 2, part 4, extended to arrests by
police .....
337 174
Richmond borough: (See Education, Electricity Fire
Department, Municipal Courts, Wards.)
territory of ....
........ subd. 5, 2
tenth council district...
accounts from local improvements may be audited in
borough hall .....
........... subd. 4, 151
assessments and arrears:
collector to have an office in borough ........
155
copy of assessment to be filed in. ....
auditors may be detailed to borough hall ............. subd. 4, 151
city clerk to appoint a deputy in .............
739
216
101
19
INDEX.
1213
644
304
258
........
...
...
.......
Richmond borough - Continued.
Section.
Page.
city magistrates, two to be residents and electors........ 1394 674
terms of office ..........
1394 674
commissioner of buildings for Queens and Richmond
644 305
salary, $3,500..............................
general powers under existing laws....
646 305
coroners, two to be elected for four years.......
1570 741
corporation counsel may have an office in ......
257 126
bureau of street openings in law department.......
127
criminal courts:
second division includes Brooklyn, Queens and
Richmond .......
1390 673
clerk of special sessions and attendants...
1404 678
detectives, branch office of central office bureau of, may
be established in,.........
290 146
elections, branch bureau of, located in........
359 190
at police headquarters.......
366 192
salary of chief of bureau....
362 191
fire commissioner to be appointed for Manhattan, Bronx
and Richmond ......
7179 366
gas, price of, not affected............................
1539 729
health department:
branch office and records ..
1181 584, 585
clerk with power to certify papers. .......
1182 585
assistant registrar...........
1188 588
local improvements, accounts of may be audited in
borough..
........subd. 4, 151 6 8
...........
marshals:
four to reside and perform duty in borough........ 1426 6:5
municipal court:
districts and boundaries ....
1363 661
two justices to be appointed by mayor in 1898. ...subd. 4, 1352 658
salary, $5,000..
1355
658
salary of clerks ....
1373 668
park commissioner designated to, with Aanhattan
ough...........................................
007 291
branch office may be established by board.......... 607 291
petroleum, etc.;
license to sell with fee ..
361
police headquarters for the borough.......
trials to be in borough where officer is serving .....
president of borough:
salary of, $3,000.
195
public charities, department of:
branch office in borough.....
commissioner designated to..
658 312
salary, $2,500........
658 312
temporary designation.....
deputy commissioner........
659
school board:
president, member of board of education .......... 108
taxes:
receiver to have an office in borough ..
155
payable at borough office ......
taxes and assessments, department of:
branch office in borough ......
890 424
Richmond county: (See Buildings, City Clerk, Highways,
Parks, Police Department, Public Buildings, Public Chari-
ties, Sewers.)
municipal corporations in, cousolidated with city
books and papers transferred'
1726
1728
charges and liabilities of, imposed on city .......
contracts and obligations nf, imposed on city ...,
election records transferred to police board.......
368
expenses, annual appropriation for ............
230
166
658
312
659
157
..:..
2
15
1534
193
1214
INDEX.
Page.
1726
..............
......
...............
........
Richmond county -- Continued. .
Section.
officials assigned on consolidation .....
1536
police, board of commissioners of abolished ........
273 134
state taxes, levied and collected from whole city ....
1595 749
treasurer abolished.....
1587 745
Right of way :
of fire department in streets, etc.........
748 350
penalty for interfering with........
748 i 350
Rights not extended by consolidation.......
1538 728
Riker's Island :
in borough of Bronx ...
..... subd. 2,
2
3
misdemeapants may be transferred to.................. 696 328, 329
Riots, mobs and insurrections:
*act compensating for property destroyed does not conflict
with art. 10, sec. 1, State Constitution...
806, 6
police to suppress .........
315 163
Road included in term "street".
462 227
1010 508
1466 702
public; commissioner of highways has control of con-
struction and repair.......
.......subd. 2, 524 254
Rock oil. (See Petroleum.)
Roman Catholic House of Good Sheperd, appropriation to..subd. 15, 230 112
Roman Catholic Orphan Asylum, schools of..
1154 570
Roosevelt Hospital, exempt from taxation.................
438, 10
Rosin, storage of..................
764 359
769 362
Rubbish:
removal of, controlled by commissioner of street clean-
ing.............
............subd. 1, 534 259
not to be thrown into streets .......
1456
698
Runners for steamboats, hotels, etc.:
licenses of.......
349 179
Rushes, storage of, regulated ................
363
1770
114
114
476
110
438, 8
115
114
115
114
115
Saint Catharine's Dispensary, appropriation for ......subd. 22 (23), 230
Saint Catharine's Hospital, appropriation for.........subd. 22 (23), 230
Saint John's College, streets not to be opened through...... 972
Saint John's Guild, appropriation for.................subd. 22 (7), 230
Saint Luke's Hospital, exempt from taxation ...........
Saint Martha's Sanitarium and Dispensary, appropriation
for................................
.......subd. 22 (23), 230
Saint Mary's Dispensary, appropriation for........... subd. 22 (23), 230
Saint Mary's Female Hospital, appropriation for......subd. 22 (23), 230
Saint Mary's General Hospital, appropriation for......subd. 22 (23), 230
also Dispensary of College of Physicians, appropriation
for......
.. subd. 22 (23), 230
Saint Mary's Maternity and Infants' Home, appropriation for.
subd. 22 (23). 230
Saint Peter's Hospital, appropriation for...... .subd. 22 (23), 230
Saint Peter's Dispensary, appropriation for..........subd. 22 (23), 230
Saint Phæbe's Mission, appropriation for.............subd. 22 (23), 230
Salaries :
assembly to prescribe for offices created by it..
56
to change salaries prescribed by law ......
56
on recommendation of board of estimate
56
but not during official term ..............
56
departmental estimates to contain ..................
226
finance department prescribes manner of paying........
of officers not in any department, fixed by assembly and
board of estimate ...............
115
114
115
115
no
104
149
65
233
what officers ......
117
117, a
105,0
INDEX.
1215
149
590, a
1432,
137
Salaries - Continued.
Section. Page.
pay-rolls ....
not recoverable unless expressly givene......
nor where improper by removal and payment to suc-
cessor ...............
1732, k
not for services outside position...........
731, a
suspension does not stop.........
731, d
unless expressly or impliedly assented to...........
732, e, f
or employes not entitled to...
no warrant where appointment violates civil service law, 126 57
improper classification is voidable ....
57, a
taxpayer may restrain city.......................
57, 6
Sales :
of personal property of corporation. (See Property of
Corporation.).
for taxes, assessments and water rates. (See Assessments
and Arrears.)
Salted provisions, packing, sale and removal of .......... 1209596
Saltpetre. (See Explosives, Salt.)
Salt and saltpetre:
not to be placed on streets ..................
1456 698
except on curbs, crossings or switches of railroads.. 1456 698
Samaritan Home for Aged, property of, exempt from taxation,
439, 13
Sanitarium for Hebrew Children, appropriation for ....... subd. 7, 230 1 10
Sanitary Code. (See Health, Department of.) .
Sanitary company of police. (See Health, Department of ;
Steam Boilers.)
Sanitary condition of city, statistics of, to be published
annually .......
61
Sanitary inspectors. (See Health, Department of.)
Sanitary rules, to be enforced by police board ........
1202 593
Sanitary superintendent. (See Health, Department of.)
Sanitary surveyors. (See Fire Department.)
Sappers and miners. (See Fire Department.)
Savin, retail sales of, regulated..
1516 715, 716
Scalpers in coal freights. (See Licenses.)
security to be given by ..........
penalty for violation of ordinances by
Schools. (See Correction, Education, Health, Public Chari-
ties.)
Society for Reformation of Juvenile Delinquents:
schools participate in school fund ........
1154 570
Seal :
of city to be kept by city clerk...........
affixed to corporate stock .......
169
Searches. (See Assessments and Arrears.)
Search warrants :
police may execute in any part of State ...
173
Seaweed, storage of, regulated ......
363
Second-hand dealers : (See Licenses.)
assembly has power to license...,
...........subd. 20, 49
penalty for violating ordinances by... ......
police have supervision over......
316 163
security by, not to exceed $10,000..
ty by, not to exceed $10,000......................
33
Second ward. (See Wards.)
Secretary, boards may choose... ..........
1541
Sectarian schools. . . (See Religious and Denominational
Schools.)
Security. (See Bonds, Contracts, Property Clerk under Po-
lice Department, Second-hand Dealers, Scalpers.)
Service of summons :
on city, how made.
on board of health .....................
1192
Senatorial districts : (See Local Boards.)
*houndaries fixed by State Constitution.
i 791-794
51
31
....
..........
......
51
33
...............,
viuuwiVw Ny...
..
................
51
1730
265
130
1216
INDEX.
525
257
0
221, a
221,6
276
Sessions, court of. (See Courts.)
Section. Page.
Seventh regiment. (See National Guard.)
Seventeenth ward. (See Wards.)
Seventh ward. (See Wards.)
Sewerage, defective. (See Nuisances.)
Sewers : (Also Drainage for Health, Drains and Vaults; See
Maps.)
assembly, to regulate,
...... subd. 17, 49! 28
breaking streets :
to make repairs or connections........
525 256
permit required ...
city liable :
for faulty construction........
272, c.
273, a, c
want of repair ...............................
272, 6
not for unusual events,.....
273,0
inadequate sewerage..........................
272, a
construction of :
commissioner has charge of....
556 272
board of public improvements, duty of........... subd. 5, 415 - 204
to be in accordance with general plan....
440 221
contract not avoided by failure to file map...
or modified map......
221,
plan must be made ....
materials may be contracted for.....
563
drainage for health:
other than by sewers........
1215 598
construction ordered by board of health.
1215 598
order entered in records of board....
1215 598
immediately on confirmation of report of com-
missioners.................................
1218 600
grading of large area of sunken lots..
599, a
map to be prepared by board of health.
1215 598
copy delivered to commissioner directed to construct
drains.........
1215 598, 599
entered in records of department of health...
1215 598
recorded in county office..........
1215 598
necessity determined by board of health..
1215 598
right of way to be speedily acquired...
1216 599
proceedings same as for streets.....
.1217 599, 600
special provisions relating to.......
1217 599, 600
work done by proper city department.....
1215 598
drainage maps:
commissioner to make, except..............
556
approved by board of public improvements.......subd. 4, 415
system for whole city to be prepared......
438
by president, with approval of board.......... 438
particulars on maps...............
438 220
sewage districts to be determined...
438
final and modified plans to be certified by president
and secretary of board.........
221
and filed, one in office for recording conveyances...
one in office of corporation counsel........
one in office of board of public improvements .. 439
drains:
assessment bonds for right of way....
issued when comptroller is authorized by board of
.......
272
204
220
220
220
........
439
439
439
estimate...........................
paid for out of street improvement fund........
expense, when to be paid by property benefited:
assessment bonds to be issued.........
when comptroller is authorized by board of estimate,
copy of contract to be filed with comptroller .......
and certificate of head of department ..............
no interest on payments to contractor..............
INDEX.
1217
83
83
.............
275
557
:::
........................
::::
275
438
438
..........
Sewers - Continued.
expenses, when to be paid by property benefited - Con. Section.
thirty per centum reserved.....
181
paid within thirty days after completion of con-
tract ........
tract .......................................
181
• paid out of street improvement fund......
181
injuries to, punished as wrongs done to water-works
(See Water Supply).
564 276
lands for: (See Drainage for Health, herein.) .
city may acquire .......
561 275
board of public improvements to authorize.....
561 275
subd. 3, 415 204
corporation counsel to conduct proceedings...
561
255 124
proceedings, same as for opening streets .
...........
561 275
when commissioners appointed...,
275, c
discontinued without costs. ...
275, d
award, where laid in a street....
275, a, 6
lateral:
local board may recommend..............
393 198
401 200
when payable out of assessments..
393 198
overflow, where discharged.......
273
canals to be dredged.........
558 273
private :
construction, when permit granted for.
560 274
connections, when permit granted for.......
560 274
dedicated to city, when.....
560
statistics to be published annually........
137 61
sewage districts to be established..... .................
220
by president of board of public improvements, with
approval of board...
220
no court can review....
.......
220, a
changes in plans by commissioner of sewers, with
approval of board.....
439
temporary sewers:
constructed to abate damage or nuisance........... 559 273
cost assessed on property benefited........
273
Sewers, department of: (See Boroughs.)
represented in board of public improvements.......
96 44
commissioner of sewers, the head.... .......subd, 4, 100
46
555 272
sole executive power vested in...
450 223
appointed by mayor.
4, 100
555 272
term of office, six years..............
100 . 46
salary, $7,500...
555 272
member of board of public improvements.
410 202
annual report to mayor.. ...............
457 226
contracts executed by............
457 226
556 272
to be made on approval of sewerage plan.. 562 276
for materials.............................
563
duties of...............
457 226
556 272
devolution of powers of former officers........ 565, 566 276, 277
ordinances of assembly to be obeyed by........ 450 223
annual estimate of expenses and salaries...
226
bureaus :
organized by commissioner.
458 226
branch bureau in Brooklyn..
458
and in other boroughs....
458 226
clerks and subordinates :
appointed by commissioner...
456 225
ip boroughs, by deputy in charge...
221
.......
559
SEREG kes & 3 BE *****ERTICEEREENS SUR ***
46
...................
276
104
226
456 225
salaries. ....
456 225
T.................
.....
77
1218
INDEX.
224
454
....................
224
363
.
Sewers, department of — Continued.
Section. Page.
deputy commissioners: (See Boroughs.)
appointed by commissioner.....
452 224
one at main office......................
452 224
one or more branch offices may be assigned to...... 452 224
designated by commissioner to exercise his powers.. 452 224
expenses of department, how paid.
563 276
engineers: (See Boroughs.)
chief appointed by commissioner. .....
453
has power to appoint and remove assistants....... 453 224
more than one chief, if board approves............
453 224
duties prescribed by commissioner.................
225
qualifications of engineers.....
453
at branch offices, may be deputy commissioners.... 453 224
consulting, may be appointed...
453 255
main office in Manhattan borough.......
451 223
unless board of public improvements changes...... 451 223
branch offices in other boroughs.
451 223
Sheltering, Arms Nursery of Brooklyn:
appropriation to....
..........subd. 22 (23), 230 114.
Shavings, how stored........
760 353, 354
further regulation......
769
not to be thrown into streets...
1456 698
Sheds on piers........
Sheep:
driving and slaughtering regulated...
1227 604
not to be kept in tenement or lodging-houses...........
1312 638
Shells not to be thrown into streets...
1456 698
Shepherd's Fold of P. E. Church:
appropriation to ........
...........subd. 11, 230 112
*Sheriffs, constitutional provisions respecting .............. xvi 805, 806
Show windows, lights in, to be properly protected..........
762 355
Shows (common). (See Licenses.)
Sick and Infirm:
commissioner in each borough charged with ........... 662 314
Sidewalks. (See Streets.)
protection during building operations.
860, a, 6
Signs and sign posts:
assembly to regulate.....
27
ordinances to be prepared by board of public improve-
ments........
......... 4, 416
205
forbidden on fire telegraph poles, etc..................
342
penalties .....
Sinking fund:
cancellation of corporate bonds and stocks in........... 205
207
charges on, consolidation stock of former city ..........
213
preferred bonds and stock of former city....
214
commissioners of: (See Bonds, Docks, Ferries, Harlem
River, Health, Leases, Markets, Property, Street Clean-
ing Department, Streets.).
board composed of five members...
204
powers of existing commissioners .......
204
over city property........
205
broker may recover commissions for bids, when...
how to administer sinking funds.....
existing at consolidation, to be maintained...........
........sub
342
94
af
..........
205
204
204
............
and kept separate .......
investments, existing laws continued......
city debt not canceled until maturity.............
for redemption of city debt.......
excess of, may be used to pay other bonds .........
moneys received from assessments, transferred to ..
210
98
215
100
annual appropriations
206
227
INDEX.
1219
229
399
...
...........
237
209
209
187
...............
595
Sinking fund - Continued.
for redemption of city debt - Continued.
Section. Page.
appropriations for deficiencies ..
105
107
collections by dock board......
827
proceeds of sale or leasing of city property, by com.
missioners of sinking fund......
205 93
of unclaimed merchandise from docks ......... 853 409
rents of ferries .................
826 398
special funds whose purpose is ended.......
206 96
unexpended balances of appropriations ............
119
surplus receipts for specific purposes. .................
237 119
funds and revenues, pledged to......
211 98
accumulations and revenues of, not to be impaired.. 211
for payment of interest.............
209
like funds in consolidated corporations, continued..
surplus of, transferred to sinking fund for redemp.
tion of debt..
special funds of consolidated corporations:
transferred to comptroller.....
207
liable to same payments as if not transferred....... 187
within two years, deficiencies in to be paid by issue
of bonds................
187
when purpose completed, to be used in general
fund ...
206
water sinking fund, new, to be created.........
208
how administered.....
205
existing amalgamated with.....
208
Sinks, control of board of health over..
1214 598
Sixteenth ward. (See Wards.)
Sixtb ward. (See Wards.)
Skins, powers of health board over.....
1207
Slaughter houses regulated.........
1227 604
Sleeping rooms, cellars and vaults not to be used as......... 1309 636
Slips. (See Docks.)
Sloan Maternity Hospital, appropriation for.,........subd. 22 (20), 230 113
Small-pox, prevention of spread of...
1225 603
Snow. (See Ice and Snow.)
Society for Prevention of Cruelty to Children:
to be notified of commitments.....
665 317
Society for the aid of Friendless Women and Children, ap-
propriation to..................
......subd. 22 (23), 230 115
Soldiers and sailors. (See Veterans.)
Song-birds, not to be killed, sold, etc.
1493 . 709, 710
South Brother Island:
*part of twenty-first senatorial district........
i 1794
*twenty-fifth assembly district.......
819
Bronx borough......... ......................... Suvu, a
.... subd. 2, 2 3
second district of municipal court ....
.... 2, 1539 658
Southfield, former town of:
ward four of Richmond borough.
1580
Southern Dispensary and Hospital, appropriation for..subd. 22 (23), 230
Special funds. (See Sinking Fund.)
Special revenue bonds. (See Bonds.)
Special sessions, courts of. (See Courts.)
Spirituous liquors:
regulation of storage or sale in tenement houses........ 1311 638
Sprinkling streets:
ordinances regulating to be prepared by board of public
improvements, ................
.......subd. 9, 416 205
Squares and places. (See Parks, Streets.)
Stables: (See Water Meters.)
examination by fire department...
1771 363, 364
forbidden in tenement-houses..............
1318
645
loose hay and straw in private, limited...
770 363
..:.......

..........
1743
114
1220
INDEX.
700
Stages:
Section. Page.
running of, may be regulated by ordinance .....subd. 26 and 28, 49
not to run without license.....
1461
routes of, to be approved by mayor and common conncil, 1459 1700
grants to run stages to be disposed of as other franchises, 1460 700
previous consent of property owners necessary......... 1458 699, 700
Stairways, in tenement-houses.........
1318 644, 645
Stands within stoop lines. (See Streets.)
State Board of Health. (See Water Supply.)
State offices, city officers not to hold..
1549 736
State property exempt from taxation .......
436
State taxes :
issue of revenue bonds to pay quota of.......
186
mandamus the proper remedy to compel comptroller
............
.....
85,
85, d
1594
1595
1528 720, 721
1528
1528
720
320
165, 166
128
129
133
T......................O
..............
138
130
130
136
130
134
134
134
....................................
corporation not a necessary party to............
notwithstanding the quota is in excess of appro-
priation .............
interest runs on failure to negotiate bonds.............
for annexed portion of Queens county.... ..........
for Kings, New York and Richmond counties ........
Stationery for city:
to be furnished by contract...
............
by whom made.......
when to be furnished without contract....
Station-houses, may be established and furnished by police
board........
Statistics:
bureau of municipal, established.
how constituted......
suitable offices provided for...
expenses of..........
chief of bureau appointed by mayor ...
term of office, four years........
duties of......
ex-officio member and chairman of municipal statistical
commission.....
salary, $3,500.......
appoints assistants .......
their salaries...
municipal statistical commission:
members appointed by mayor..
number and qualifications of..
term of office, six years.........
meetings .........................
quorum...........................
no salary .:::.....................
powers and duties of .....
head of each municipal department to transmit
statistical data, upon request......
mayor must approve.....i
publication of, annually ........
board of estimate to approve ...
expense to be included in budget.
Steam :
boilers :
to be reported and inspected..
failure to report.........
certificate to be granted.....
.............
engineers to be licensed ...
police board may revoke.....
record of inspections....
....... .
insecure or dangerous ......
overpressure forbidden ......
sanitary company of police are the inspectors...
officials of city of Brooklyn and Long Island City
continued as part of police department...........
134
.....
.....
135
135
135
137
137
138
342
345
342
343
343
344
344
345
342
1777
1777
17717
......
.....
179
176
342
177
INDEX.
I221
នី
5717
278
ឱន៍ន៏ន៏ គឺ
417
នឱនីឱនី ឱន នីគីនីគីនីឱ
.
Steam - Continued.
Section. Page.
inspection of meters :
commissioner of public buildings charged with..... 575 279, 280
meters to be stamped or marked.......
575 280
pecuniary interest :
forbidden to officers and employes of department of
public buildings....,
577 280
also giving opinions and certificates............
280
underground pipes :
board of public improvements to prepare ordinances
regulating .....
......... subd. 10, 416 205
coinmissioner of public buildings to control ...... subd. 2, 573
permit required to break streets ................. subd. 2, 573 278
525 256
Steam tugs. (See Petroleum.)
Steam whistles. (See Streets.)
Stone Maternity of Brooklyn; appropriation for...... subd. 22 (23), 230 115
Stores. (See Fires, Health, Lights, Water Meters.)
Straw. (See Hay and Straw.)
Street cleaning. (See Ashes, Docks, Garbage, Ice and Snow,
Rubbish, Sprinkliag.)
assembly to regulate......
..........subd. 6, 49
board of public improvements to prepare ordinances.... 9, 416 205
provisions relating to......
206
commissioner of street cleaning has control...........subd. 1, 534 259
contracts must be approved by board of estimate....... 239 120
relating to Broadway........
536 262
cremation of sweeping, garbage, etc.:
contract may be made for..
541 265
definition of term “ streets ”....
535 260
districts:
city divided into .........................
539 264
supervision of.............
539 264
subdivided into sections. .....
539 264
hand labor to be used.........
539
machines for sweeping, when may be used...
539 264
contract for, may be made .......
541 265
Street cleaning, department of. (See Boroughs.)
represented in board of public improvements........
96
commissioner of street cleaning the head..............subd. 3,
533 259
sole executive, power vested in...
450 223
appointed by mayor.......
..........subd. 3, 100
533 259
term of office, six years ..
...........subd. 3, 100 46
salarý, $7,500....
533 259
member of board of public improvements..........
410 202
annual report to mayor......
457 226
contracts executed by......
457 226
to include sweepings, etc., gathered by dock de-
partment........
540 264
provisions regulating, when exceeding one thou-
sand dollars ........
541 265
special relating to sweepings, etc........
544 266, 267
board of estimate to approve.........
267
jurisdiction........
534 259
devolution of powers of former boards.
547 291
ordinances of assembly to be obeyed by....
rules and regulations to be made by.....
537 263
certified copy to be evidence ....
537
annual estimate of expenses and salaries
bureaus:
.
.
.
263
...
44
46
46
544
450
223
.............
.............
263
104
226
organized by commissioner....
branch bureau in Brooklyn, ........
226
and in other boroughs .....
226
carts to be tight........
541 266
...........
............
I 222
INDEX.
Section.
Page.
P0262
537
536
537
Street cleaning, department of — Continued.
chief clerk one of clerical force......
city liable for negligence of employes.....
clerical force consists of ...................
removal of.........
salaries not to exceed appropriation........
clerks and subordinates.
number fixed by commissioner ..
appointed by commissioner......
in boroughs, by deputy in charge.....
salaries ...
259, a
260
262
262
537
260
225
536
456
456
456
536
225
260
452
452
224
224
224
224
452
452
542
542
266
266
266, a
546
270
270
545
536
536
260
260
541
265
265
541
451
.............
223
451
223
451
••...
265
deputy commissioners. (See Boroughs.)
appointed by commissioner ...
.............
one at main office .....
..............
one or more branch offices may be assigned to......
designated by commissioners to exercise his powers.
docks, piers, slips, etc.:
to be set apart for use of department ........
to be leased when authorized......
- can only be used for loading refuse........
expenses of department. (See Ice and Snow, ante and
Plant herein.)
appropriation not to be exceeded .
proceeds of sales of street obstructions to be added to
appropriation.............
medical examiners not to exceed three...
part of clerical farce........................
offices ;
commissioner to lease ....
sinking fund commissioners to approve.........
main office in Manhattan borough.......
board of public improvements may determine
otherwise.......
..... .. .........
branch offices in other boroughs. . ..........
plants, supplies, etc :
commissioner to purchase or hire...
to contract for construction of .........
to sell at auction...........
to purchase or construct those of durable chara
board of public improvements to approve ..........
. and board of estimate .......
bonds to be issued for by comptroller.....
assembly to authorize.....
removal of trucks, merchandise, etc.; (See Obstructions
under Streets.)
department charged with duty.. .......
stables, etc.;
commissioner may lease....
sinking fuld commissioners to approve............
uniformed force :
absence, leave of..
without leave...
appointed by commissioner ..
duties prescribed by commissioner .....
enumerated..............
extra drivers and sweepers......
fines may be imposed..........
applied to any purpose of department
hours of labor, etc....
increase according to appropriation................
removal of.........
discretion of commissioner not controlled by court..
resignations ......................
salaries not to exceed appropriation .....
fixed by board of estimate .........
of extra drivers and sweepers ...
223
265
265
270
270
541
541
541
546
546
546
546
· 546
cel.
270
270
.........
270
.....
545
267
541
541
266
266
•.•.•......
537 262, 263
537 262
536 260
536 261
536 260
536 261
536 262
536 262
261
536 260
537 262
263, a
537
536 260
536 261
536 261
..
.............
536
262
INDEX.
1223
543
.....
Street cleaning, department of — Continued.
: uniformed force -- Continued.
Section. Page.
sweepers, tools and implements of .
539 263
fixed area for.......
539 263, 264
temporary force to remove snow, etc ...
536 261, 262
payment of.....
536 261
uniforms, badges, etc.:
commissioner to prescribe........................
266
and penalties for not wearing ................
543 266
veteran acts do not apply to.....
...........
263, 6
work to be performed in particular sections....... 539 363
subject to transfer ........
539 363
or tenporary, employment elsewhere ....
539 363
Street railways: (See Fires, Ice and Snow, Salt, Traffic
under Streets.)
*constitutional provisions relating to
797
*this section relates to part as well as a complete
railway.....................
1798, h
*legislature may impose additional conditions ......
798, 9
franchises to be granted by municipal assembly........
municipality has control over granting or refusing..
legislature may impose additional conditions.......
generally municipalities have no power to grant
franchises .................
24, c
sold to highest bidder, etc.......
extensions, right to make, separately sold.........
24, e
consent of owners required ......
proceedings on refusal of owners......
24, A
grant made either before or after......
consent of existing railway corporation in same street
required.......
private persons not to be authorized.....
private railroad not to be authorized...
general laws of state relating to, not affected.
licenses for, in Brooklyn ..
.subd. 21, 49
rapid transit acts not affected .
regulation of cars by assembly ...
..........subd. 8, 49
companies are subject to the ordinances..
rails, commissioner of highways has control of laying..subd. 4, 524
form used........
........subd. 4, 524
foundation for.....
.........subd. 4, 524
restoration of pavement .....
........................subd. 4, 524
sprinkling sand on tracks.....
throwing snow from tracks ....
32, f
Streets: (See Advertisements, Ashes, Dirt, Garbage, Offal,
Street Cleaning, Sewers, Water Supply.)
*constitutional provisions relating to ...
iv 796
*not applicable to city streets and avenues ...
797, a
bounding parks:
borough park commissioner has charge of ......... 612 293
buildings in, when opened:
board of public improvements may allow to remain.. 971 475, 476
closing streets: (Bee Docks.)
by board of health to prevent spread of disease.....
600
corporation counsel to have charge of proceedings for, 255 124
bureau in his office for this purpose...........
258 126
powers of local board of improvements. ..........
393 198
199
commissioners of estimate and assessment: (See Bureau
of Street Openings, infra.)
crosswalks: (See under Pavements.)
curbstones: (See under Sidewalks.)
defined to include, etc......
462 227
1010 508
1466 702
exception respecting cleaning.......
535 260
encroachments upon: (See Obstructioas.
.....
***quid
.........................
32,
1215
401
1224
INDEX.
425
174
.....
............
177
Streets - Continued.
Section. Page.
fountains, public, assembly may regulate.............subd. 15, 49
fund for street improvements: (See Assessments, Pave-
ments, Sewers..)
existing fund, continued.
payments into:
proceeds of assessments bonds ......
and any other bonds authorized for similar
purposes ..............................
also cash balances of assessments..........
181
collections from assessments..............
425
proceeds of sales of corporate stock. .......
fund for street and park openings :
continued..............
173
consists of cash balances..
......... subd. 1, 2, 173
taxation ........
.......... subd. 3, 173
proceeds of bonds .........
.. subd. 3, 173
assessments .....
...... subd. 4, 173
replenishment of, required by claimant, when in-
sufficient....
174
special revenue bonds to be issued.........
1001
subd. 6, 188
corporate stock, when damages are payable by
city ...........
174
176
appropriation for...........
175
funds from previous assessments for improvements
by former Park Board ...
payments from, of expenses of bureau of street
openings, in office of corporation counsel......... 258
grades : (See Assessments for Local Improvements.)
assembly to regulate........
........ subd. 8, 49 27
ordinances to be prepared by board of public in-
provements
........ subd. 2, 416 205
provisions relating to.........
417 206
board of public improvements, power over ....... subd. 6, 415 204
to prescribe rules for.
418 207
commissioner of highways has control of.......... 524
local board of improvements may recommend....... 393 198
401 200
when payable in part, out of assessments....... 393 198
change of :
already made, governed by existing laws ....... 951 462
in final plan may be made within three months
after opening the street......
433 218
by board of public improvements... .........
218
no liability for........
951 462
unless building erected on former grade......
951 462
damages included with those of street ..... 951 462, 463
restriction on liability.....
952 463, 464
notice of hearing must be given......
463, a
immaterial what authority has changed grade..
463, 0
damages belong to owper at change, ...........
463,0
mandamus to compel hearing .......... .......
463, d
establishment of :
by public authorities.......
951 462–463
by twenty years' user.......
435 219
and improvement....
951 463
no liability for ............
951 462
raising grade for proper sewage............
441
by board, on request of commissioner of sewers, 441
gutter-stones, assembly to provide for and regulate..... subd. 8, 49
lighting of streets, roads, places and avenues:
assembly to provide for....... ...............subd. 8, 49
poles may be authorized..
31, 0
but no structure repugnant to use as street.....
492,
.
.........
.....
...
.
254
433
.....................
222
....
2200
27
...................
INDEX.
1225
Page.
587
587
.....
1
0
0
0
0
bly.........
Streets - Continued.
lighting of streets, etc.- Continued.
Section.
bidder may stipulate for time to connect the pipes..
210, f
commissioner of public buildings to contract for...subd. 2, 573 2778
and locate, remove and change lights ......... 2, 573 278
separate contracts for each borough ...........
285
for one year ....
285
bids and award ......
587 285
lamps :
wilfully breaking, etc., forbidden.......
1462 700
penalty ...................................
1462 700, 701
arrest of unknown persons........
1463 701
informer relieved of penalty, when..
1465
lights:
commissioner of public buildings prescribes
number, kind and location..
587 285
near parks.....
612 293
extinguishing by unauthorized persons for-
bidden .............
1462 1700
penalty ................... ... ......
1462 700, 701
arrest of unknown persons................
1463 701
informer relieved of penalty, when...... 1465 701, 702
naming streets, avenues and public places, assembly to
regulate..............................
.......................subd. 5, 49 2 7
noise in, by public cries, advertising noises, steam
whistles, and ringing bells, to be regulated by assem-
..........subd. 9, 49 2 7
31, p
obstructions and encroachments in streets : (See Areas,
Ashes, Awnings, Buildings, Carts, Cinders, Cisterns,
Dirt, Docks, Dross, Filth, Garbage, Glass, Horse
Troughs, Hydrants, Metal, Nails, Offal, Paper, Pumps,
Rubbish, Salt, Saltpetre, Shavings, Shells, Signs,
Straw, Telegraph Posts, Trucks, Urinals, Vaults,
Vegetables, Vehicles, Wagons.)
assembly to prevent...........
..........subd. 3, 49
no permanent encroachment allowable........
30, d
commissioner of highways controls removal.......subd. 7, 524 254
ordinances regulating to be prepared by board of
public improvements...... ..........subds. 3 and 9, 416 205
provisions relating to....
417
commissioner of highways to issue permits .......subd. 8, 524
for business, lawful...
if passers-by are not interfered with......
and not unreasonable.......
animals :
substances injurious to, not to be cast in streets 1456
booths and stands within stoop lines, not to be al-
lowed......
....... subd. 3, 49
show cases beyond stoop line, not lawful......
30, i
stands for papers, fruits and soda water, may be
authorized.....................
.........subd. 3, 49 217
with consent of property owner.....
3, 49
building materials not to obstruct fire hydrants.
350
cellar ways may be authorized.....
30, c
- city liable for maintaining a nuisance, if it grants ap
unlawful privilege......
30,76
has no power to sanction private use of streets..
31, e
prohibit actions for penalties...
liable for injuries caused by obstructions ....
on proof of neglect or omission of duty...
not in absence of notice of danger.......
256, d
notice to policeman is notice to city.
lapse of time amounting to notice
where injury was caused by contractor...
256, %
or a builder.....
256, C
254
30, f
........
698
27
750
255, à
Devogou Domo o
.......
256, e
256, g
e
.............
1226
INDEX.
- Continued.
Secti960 353, 354
Page.
578
267
267
::::.......
270
270
267
268
for................
269
267
698
698
267
267
27
27
31, P
.
.
O
206
207
O
254
198
200
474
Streets - Continued.
obstructions and encroachments in streets - Continued. Section.
· kindling fires in streets regulated..................
trucks, merchandise, etc.:
board of health to remove when dangerous.... 1171
commissioner of street cleaning charged with
duty of removing.......
545
docks, piers, etc., not within this secti
545
materials for public work not to be disturbed.. 545
redemption of property seized....
545
sales at yards:
by auction.
545
proceedings and order for
545
disposition of proceeds...
545
what to be removed.........
545
not to be left in streets.....
1456
penalty......
1456
yard or yards to be leased.......
545
sinking fund commissioners to approve 545
temporary during building may be authorized.....subd. 3, 49
pavements and cross walks:
assembly to provide for and regulate. ...........subd. 8, 49
plenary power in assembly..........
ordinances regulating, to be prepared by board of
public improvements....
........subd. 2, 416
provisions relating to.....
417
also prescribe rules......
418
commissioner of highways controls paving........subd. 3, 524
opening of: (See Docks.)
powers of local boards of improvement . ......
393
401
board of public improvements ..
970
legal proceeding, etc., to be conducted by corpora-
tion counsel ..............
255
substantial requirement .....
bureau of street openings in office of corporation
counsel ....
258
furnishes clerks to commissioners of estimate .. 258
997
and offices
258
997
and assistance in preparing reports.
258
expenses to be divided proportionately ..
258
and taxed as part of the costs.
258
997
may have offices in the different boroughs....
258
city may order......
........
970
property appropriated for.....
power under this section legislative, not judicial.
expediency or policy of improvement not sub-
ject to review..........
commissioners have no power to pass upon con-
stitutionality of act or proceedings ..........
municipal power taking lands in invitum sub-
ject to inquiry as to constitutionality, etc ....
advertisement and handbills......
.........
973
petition to supreme court .....
970
continuous portions may be in one petition .....
corporation not estopped by former grant of land
...
124
500, c
...
126
127
499
127
499
127
127
127
499
127
......
474
474
475, 6
970
•••••
475, c
475, &
475, e
476
474
970
475
475, ſ
from taking it for a street ............
commissioners of estimate and assessment: (See
Maps.)
three appointed...
973
notice of application for ......
973
exact dimensions of land to be taken need
not be stated in notice..........
477
476
477, a
INDEX.
1227
Section.
Page,
ceedings..............................,
973
477,6
477
477,0
Streets - Continued.
opening of-commissioners of estimate and assessment-
notice of application for — Continued.
court confined to appointing proper commis-
sioners and determining regularity of pro-
ceedings........
qualifications and challenges..............
affidavits as to, to be submitted .......
sufficient objection that commissioner
has expressed views adverse to open-
ing ..........
no objection that commissioner is a
member of common council and that
property assessed belongs to corpora-
tion .......
or is trustee of lands affected....
objection as to personal interest to be
made at hearing for appointment ....
court may remove at any time......
vacancy, how filled........
............
477, d
477, e
478, f
495
.................
478, g
991
974 478
975 478
479, a
976 479
976 479, a
977 479
1011 508
978 479, 480
978 480
478, h
without notice, if one appointed..
two can act...
constitutionality of section......
oath and filing .........
order appointing commissioners to be filed
to view property .........
notice to claimants .......
appearance admits jurisdiction ......
hearing by commissioners .....
powers of commissioners.........
to administer oaths....
unsworn estimates not to be received
to estimate damage and benefits...
assessments laid under taxing power ..............
how to be made....................
limits of assessment....
area of assessment discretionary and not subject
to review.....
978
979
480
979 480, 481
480
482,.
980 481
475, a
482, b
980 481
482; d
488, c, d
482,
482, e
482, f-h
483, j
483, K
483, 1
483, m
483, n
when assessment to be by lots instead of by
blocks ........
an occupant is a “ person interested ”.........
mode of assessing lots on each side of street....
conditions cannot be imposed................
dedication of street to public use by owner as
precluding award i
same individual deriving damage and benefit,
excess only reported.........
lessee, what to be included in damages to......
when cannot recover from owner .........
can recover from owner wbere assessment
is made in ignorance of tenant's owner-
ship of building .........
interests of lessor and lessee to be con-
sidered ..........
Bloomingdale road, damages in vicinity of .....
churches, etc., how.assessed for benefits.......
sections 958–962 inapplicable...
commissioners must complete their proceedings in
.....
483, o
483,
483,9
483, 2
483, r
991 494. 495
six months .........
provision is directory not jurisdictional........
extension of time ...........
:: :.........
to report damage and benefit separately ........
to report benefits in last report................
benefits to be equally assessed.................
495, a
991 495
985 488
985 488
1004 504
1228
INDEX:
Section.
980
Page.
432
.........
481
484, iu
979
980 482
994 497, 498
995 498
980 481
498
.............
995
f
980 481, 482
483, s
484, t.
481
480
979
230
979
981
981
981
982
484
484
484
485
485, a
484
484
484, a
981
981
485, 6
485, e
485,
Streets - Continued.
opening of — Continued.
may assess on city part of cost of buildings ....
as to one-third of value of building removed
being assessed on city ......
may obtain plans of grades ....
may award damages for injury to buildings ....
city may agree with owners as to damage and benefit,
compensation for land of city taken .......
benefits assessed against city .........
not to assess any house or lot above one-half its
value .........................................
error in preliminary estimate, how to be corrected..
generally ......
surveys and maps to be furnished commissioners by
departments ....
appropriation for.......
diagrams to be prepared ......
abstract of estimate and assessments to be deposited,
affidavits to be deposited also ..
notice of intention to present report.....
how and when report amended.....
report may be amended on notice ..
objections to estimate and assessment, ..........
notice of hearing objections....................
failure to object, effect of ....
objections to be presented to commissioners in
first instance......
party assessed may object to damages ..
surprise, report referred back to take objections
in case of...
witnesses compelled to testify on the hearing of ob-
jections .........
report to be presented .
contents of report.........
conflicting titles; how commissioners to report
in cases OL ...................
“unknown owners," who entitled to award
made to .........
several lots of one owner may be included in
one valuation and description...
occupant of lands is a person “interested ”.....
application to confirm report.......
what evidence heard..........
reference to commissioners for further proceedings,
effect of report when confirmed.....
minority report cannot properly come before
court.......
supreme court acts judicially........
what is determined by.......
policy of opening not considered..............
final determination of assessments.
chancery cannot interfere, if proceedings have
been regular......
unless proceedings wholly void.
action to set aside, only for fraud, etc....
unanthorized proceedings.....................
valuation, like a verdict........
peculiar duty of commissioners...
report reviewed to ascertain if right rule for
983 485, 486
.............
...
.....
486
985 486, 487
488, a
488, 6
488, e
488, S
489
485, d
489
489
986
.....
986
980
489, a
490, b
490, f, h
491, m, ở
490, C
1
490, d
480, h
490, e
490, 9
490,
491, k.
490.j
making estimate has been followed. .....
confirmation refused if inequitable and un-
just ..................................
or awards grossly unequal and inadequate..
491, p
491, 7
INDEX.
1229
Page.
491, m
491, a
489
IU Oid..................
204
491, 10
.......
....
986
489
974
492
989
Streets — Continued.
opening of — effect of report when confirmed — Con. Section.
failure to allow for streets closed..........
court may recommit for correction.........
reference to new commissioners........... 986
or part new and part old........
491, r
after confirmation, commissioners are functus
officio...................................
491, s.
motion to correct not entertained. .........
482, 6
title to land :
nen title vests in City .......................
990 493, 494
491, t.
board of public improvements, power over....subd. 2, 415
city to acquire ..
970
474
kind of title acquired....
990 494
divests title of all parties interested...........
491, u
fee, beld in trust for public use by the people..
491,0
owners of adjoining lots have no special interest
in maintenance.............................
considered open though noš regulated or graded,
492, *
city bound by covenant dedicating lands to
uses of............
492, y
lighting of, one of the uses for which city holds
in trust.....
492, 3
when proceeding ordered discontinued.......
where there are awards for damages and bene-
fits...........
492, aa
duplicate copies of report filed.....
987 492
amendment of proceedings.........
974 478
adding or excluding property......
974 478
further notices inay be ordered...
478
appeals authorized .
988
493
heard upon merits in appellate division......
988 492
in court of appeals as appeals in special proceed-
ings....................
989 493
final confirmation on appeal........
989 493
stay extends only to parcel in question......
988 492
report final as to all not appellants ............ 988 492, 493
additional assessments may be made on reversal, 988 493
compensation to be made if damages exceeds benefit, 970. 474
damages, costs and expenses paid out of fund for
street openings..........
1001 501, 502
174
immediately on confirmation of report.....
9.70 475
1001 501
no action against the city to enforce.......
174
78
1001 502
interest for what times......
494
1001 501
acceptance of award without, when a bar to re-
covery of.........
cannot be recovered until demand made for.....
502, d
on assessments......
1005 506
1006 507
on difference between assessment and damages.. 1007
.how payment enforced.....
"unknown owners,” award to, how paid....... 1001 502
suit may be brought........
503, e
report not conclusive as to persons entitled.....
502, a
notice to be given by applicants for damages
awarded to unknown owners, etc...........
504, a, b,
conflicting claimants, question before court.....
504, à
payment into court, provision allowing, in-
tended for city's benefit ....................
504, e
adverse claims, interpleader, when proper......
503, 5
78
990
502, b, c
...........
507
1001
502
1230
INDEX.
.......
..........
.......
.............
.............
999
Streets - Continued.
opening of - interest for what times - Continued. Section. Page.
application for payment to be made before com-
mencing suit..
503, g
excess paid by mistake, recovery of............
503, h
awards to infants, etc., how paid.......
1002 503
paid to wrong party recovered ......
1002 503
security not required from decedent's estate..
504, c
moneys expended by city for cessions, awards or
expenses to be assessed ......
1003 504
..............
deficiency assessed by assessors.....
1003 505
assessments to be a lien....
.......................
1003 504, 505
1004 505
1017 509
from confirmation of report ..
506, a
preferred over prior mortgage........
506, 6
lien not restored to prejudice of bona fide pur-
chaser ...............................
506, e
§ 958 does not apply......
1009 507
how assessments enforced..................
1004 505, 506
contribution, how enforced .......
1004
506
when no personal liability.......
506, c
effect upon landlord and tenant..... ......
996 498
abatement takes place from confirmation .....
499, a
waiver of provisions is valid .........
500,
1004 505-506
comptroller to publish notice of confirmation of as-
sessment........
1005 506, 507
taxation of costs.................................
999 500, 501
notice of tasation.........
501
when board of public improvements may discontinue
proceedings .....
1000 501
city authorities may discontinue at any time
before confirmation of report............
501, 6
cannot discontinue after confirmation......
501, a
city to take possession on vesting of title...........
494
dedication by owners of tract of land, regulated.... 1540 1729
owners of entire block may convey ................
992 495, 496
effect on future assessments...................
992 496
subdividing plots.....
993 496, 497
streets not to be opened through certain college
grounds .........
972 476
opening surface of, to be regulated by general ordinance. .subd. 4, 49 27
pavements:
breaking pavement for any purpose ....
commissioner of highways controls...........subd. 3, 524 254
of public buildings, controls also for certain
purposes ........
........ .subd. 2, 573
permit from department of highways must first
be obtained........
525
failure to replace in a satisfactory manner .....
525
comptroller pays expenses..........
525
raise funds by sale of assessment bonds, 183
to be redeemed from collections.......
expense, when to be paid by property benefited,
assessment bonds to be issued...
when comptroller is authorized by board of
estimate .....
181
copy of contract to be filed with comptroller.....
and certificate of head of department ....
181
· no interest on payments to contractor..........
thirty per centum reserved... ..
181
paid within thirty days after completion of con-
tract .........
181
423 215
paid out of street improvement fund .......... 181 ,
423 215
990
525 256,
278
183
181
181
181
INDEX.
1231
403
27
205
206
.............
417
48
26
205
48
VIN
PUVU
TU
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
Streets -- Continued.
pavements — Continued.
Section.
Page.
local board may recommend...........
393 198
401 200
guaranty of work in the reservation of part of price,
may be authorized......
425 215
local board has power with approval of board of
public improvements ....
200
to cause thu flagging or re-flagging............
403 200
laying of crosswalks..........
403 200
patent pavement not laid at expense of owners.....
211, e
regulating: (See Pavements.)
assembly to have power to regulate................subd. 8, 49
ordinances to be prepared by board of public im.
provements......
...............subd. 2, 416
regulations respecting.....
417
also rules, etc............................... 418 207
relaying, repaving and repairing: (See Assessments for
Local Improvements.)
assembly to provide for ....
48 26
ordinances regulating, to be prepared by board of
public improvements... ...
.........subd, 2, 416 205
provisions relating to ...
206
and authorize loans or bonds....
ordinance may designate the borough where to
be expended.......
...................subd. 8, 415
board of estimate must first approve.........
26
assessments for:
when owners petition for........
948 459, 460
restricted to Manhattan....
948 460
caused by change of grade.......
460, 9
flaggiug sidewalks included .
460, a, a
means the whole street.......................
460, c
exception...:::::::::::..................
460, e, f
relaying crosswalks included.....
460,
no application to property conveyed to city.....
460, h
remedy for second....
960 470
board of public improvements, power over.........subd. 6, 415 204
budget to contain an appropriation for............. 230 107
contract without appropriation is nullity...........
730,6
necessity must be certified, where no contract for
work ........
208
no recovery without certificate .....
211, 2
sidewalks, curbstones and gutters : (See Assessments for
Local Improvements, Buildings, Garbage.)
assembly to provide for and regulate
.. subd. 8, 49
ordinances regulating, to be prepared by board
of public improvements ...... .......... subd. 2, 416 205
provisions relating to......
417 206
also prescribe rules.....
207
commissioner of highways has control of ........ subd. 1, 524 254
defective :
city liable for injuries caused by .
254, a
no defense that abutting owner is liable .......
255, a
notice of defect inferred when ..
256, f
no liability when owner's contract or in fault...
255, 5
local board of improvements may recommend flag-
ging or curbing.
393 198
401 200
if payable by assessments.....................
393
statistics of, to be published annually .....
137 16
traffic in : (See Parades, Processions, Stages, Street
Railways.)
assembly may regulate foot-passengers, animals,
vehicles, cars, motors and locomotives.......... subd. 3, 49
26, 49
419
.........
........
418
198
engers, animals subd. 8, 49
29
1232
INDEX.
Page
.
.
C
697, a
'697
206
764
Streets -- Continued.
traffic in -- assembly may regulate, etc- Continued. Section,
power to regulate, inalienable..
30,5
as to speed of trains....
30,0
firemen on duty have right of way ..
748 350
U. S. mail excepted...
748 350
passing to the right ........
1455 697
liability of owner and driver.........
1455 697
driving on wrong side of street to avoid collision,
roughness of road no excuse ....
697, a
doctrine of contributory negligence not affected,
697, 6
presumption from disobedience ....
697.c
police to regulate ....
315 163
speed to be prescribed by assembly........
1454 696, 697
present laws continued ...
1454
penalty for illegal............ ............. 1454 697
street cars have right of way except at crossings ...
698, d.
use of:
ordinances regulating, for pipes and tubes, etc.,
to be prepared by , board of public improve-
ments .......
......... subd. 10, 416 205
provisions relating to .......
417
presumption of safety.........
........................
255, e
widening:
powers of local board of improvements.....
393 198
401
200
Strychnina, retail sales of, regulated .......
1516 1715, 617
Sulphate of zinc, retail sales of, regulated.......
1516 715, 716
Sulphur, quantity restricted................
359
Sulphuric acid, storage of .........................
764 359
Sunday:
barber shops :
to be open until one P. M. in consolidated city....
1535 725
law is constitutional.....
725, a
parades regulated...............
1457 699
theatrical, etc., performances forbidden.....
1481 706
a police regulation by legislature........
1707, a
Supervisors :
*county boards, except where boundaries same as city...
798, 799
* proposed constitutional amendment ......
789
*election of :
*constitutional provision respecting .......
798, 799
*against local bills not applicable to city super-
visors .........
797,6
*legislative powers :
legislature may confer..........................
vii 799
Queens county, in annexed towns :
to serve out terms as ward supervisors ............ 1581 744
*election under act of 1897...
788
*term of office two years ...................
1788
*qualifications ...
... ......
1788, 789
*removal from borough vacates office..........
789
*vacancies filled by local board.....
1789
devolution of powers .....
1586 1745
powers in apportioning county debt.
1588 745, 746
no power to bind city for debt ...
746
1592 748
*resolutions of board :
*Constitution of State, art. 3, sec. 16, not ap-
plicable to ....
Supplies for public offices. (See Public Buildings.)
Sureties :
for good behavior. (See Disorderly Conduct.)
on official bond may be responsible guaranty company... 1557 740
Swimming. (See Bathing.)
...........
1588
...........
..
796, 9
INDEX.
1233
Page.
Swine :
driving and slaughtering regulated........
not to be kept in tepement or lodging-houses ....
Section.
1227
1312
604
638
JA
10
1592
Tube
.............
892
426
...............
894
Tar :
quantity stored ......
764 359
Tax on foreign insurance companies.....
522–532 264–268
Taxes ; (See Assessments and Arrears, Ordinances.)
for 1898, how levied and collected.,
937 454, 455
to be equalized between boroughs......
901 432, 433
for debts of consolidated municipalities to extend equally
throughout the city ..........
5 5
levied by corporations, part of whose territory is
annexed, not to be assessed on property within the
city ........
....... .......
board of aldermen cannot impose without legislative
authority .......
81 43
anticipation of: (See Revenue Bonds, infra.)
annual record of assessed values :
books in each borough office..
392 426, 427
duplicate in main office ...... ................
894 427
except against corporations ..............
893 426
closed May first ........
892 426
for preparation of rolls.. ...
corporation assessment and how entered .
893 427
open for examination and correction...
892 427
advertised.........
...................
892 427
from second Monday of January ...........
892 427
taxable status determined on that day.. ...
427, a
exception for 1898....
892 427
personal property, how entered.......
427
time and manner of making
424
arrears :
corporation counsel required to collect.
and may employ additional counsel..
receiver to return to collector......
1023 512
on the first of June......
1023 512
assessment rolls :
when and how prepared..
907 442, 443
certified to assembly .....
907 443
assembly to meet on first Monday of July......
907 443
duties to be performed ....... ...............
910 444
911 444
penalty for non-performance .........
912 445
to retain rolls.................. ..........
909 443
duty of president of council .......
909 443
notice to comptroller of state......
910 444
unpaid.water rents to be entered on......
909 443
1024 512
1025 512
warrants issued to receiver of taxes ......
909 443, 444
and corrected rolls ......
911
bills :
column for “arrears ".......
1026
“ for arrears of assessments, taxes and water rents
and for redemption” ........
1051 526
collection : (See Assessment and Arrears).
if levied prior to 1898............................
10
937 454, 455
bureau in finance department..................subd. 2, 151
125 g
125, 9
e.......................
.....
...
................
..................
.
.....
444
513
.................
67
78
1234
INDEX.
Page.
Section.
1023
2, 151
152
151
152
158
69, 70
153
154
155
Taxes - Continued.
collection - Continued.
arrears, how collected.
receiver of taxes, chief officer ..
appointed by comptroller..
salary, $5,000.........
bond of receiver. ............
where filed....
renewal of bood.....
discharge of bond .....
chief office in Manhattan......
place designated by assembly.....
branch offices.......
deputies appcinted by receiver.....
bonds of.................................
powers and duties of........
receiver and sureties liable for...
salaries..........,
clerks and assistants appointed by comptroller,
assigned to boroughs by comptroller....
salaries fixed by comptroller...
temporary receiver....
collections to be made in each borough.....
155
...
155
...........
156
156
156
156
160
160
160
160
924
172
172
772
913
157
daily payments and statements.........
922
923
449
445
71
418
448
449
449
448
925
923
914 445
918 446, 447
919 447
915 445, 446
909
011
911
913
428
430
penalty incurred by receiver......
exception from sickness or absence.
accounts, how kept....................
notice to pay by advertisement:
on receiving rolls..........
in November..
in December...
rebate for payment before November first
warrants to receiver to collect..
and corrected rolls.........
on or before September first...
filed in each borough office of receiver..
correction of assessment:
application to be made before May 1st..
by individuals to the borough deputy.......
by corporations to board at main office.....
relating to real estate ........
ground of objection stated in writing.
relating to personal estate ...,
examination under oath ........
duty of deputies .......
board must act within thirty days..
board may correct.........
action corrected only by certiorari......
previous application to board necessary..
certiorari from supreme court....
grounds for writ.....
the legislature may so limit the right of review.
when no review of appraised value.....
facts to be stated in return to writ......
reversal on conceded illegality ...........
burden is on relator .....................
when writ must issue ...................
contents of petition for writ ..... ..........
when certiorari exclusive remedy .......
recovery of taxes illegally collected.
when writ dismissed ....
no arbitrary discretion in assessing....
how over-valuation established...........
court fixes proper valuation..
895
898
898
895
895
895
895
898
898
895
906
906
430
428
428
428
428
430
431
428
428, a
428, 6
440
440
440, a
440, C
441, d.
441, e
441, f
441, g
441, h
441, i
441, ,
441, X
441, 1
441, m
442, n
......
INDEX.
1235
Section.
Page.
442, o
442, P
442, 9
442, 10
442, 8
442, +
442, u
429
429
429, a
429, 6
429
429
429,5
896
897
Taxes — Continued.
correction of assessment - when writ dismissed — Con.
certiorari under act of 1880 ....
what assessments reviewed .......
previous application for corection necessary,
by non. resident for personal property......
when writ may issue..........
where no notice of completion of roll.
injunction not granted for personal property...
board may equalize assessment....
when notice must be given by board
after reduction.....
on increase of bank stock ........
board may subsequently reduce or remit.......
when lawful cause is shown ...
as tax on exempt property....
and when previous application was pre-
vented by illness or absence ......
within what time ..........
absence or illness of agent of owner.....
deficiencies, tax to cover. .........
equalization of between boroughs:
board to direct deputies ....
deputies to transmit borough aggregates.
board to equalize total valuations ..
before opening books to public. ...
errors, correction of......
exemptions from taxation:
legislature may release at any time...
buildings for public worship and seminaries.....
must be exclusively used
and exclusively owned....
asylum, when exempt.........
897
897
897
248
429
429
429, a
122
.....................
887
899
899
899
1023
423
431
431
431
512
904
..................
904
904
426,6
434
434
434
434,
435, K
435, ,
435,2
436,7
......
.................
hospitals....
medical college, hospital and dispensary.....
private boarding school not exempt.......
public library.....
religious societies must be incorporated..
church not exempt after foreclosure........
vacant lots for church....
435, 9
435,0
435, $
434, a
434, c
436,7
434, d
434,9
synagogue, with baths attached.
with janitor living on premises....
parsonage......
434, ħ
437, 9
434, e
434, b
435, p
I
VU
UUUVI.........
building ieased for school, not exempt.....
parochial school, not exempt......
school-house referred to in statute is the public
common scoool........
leased property, not exempt.....
existing exemptions continued...........
enumerated. .......
interest:
when charged on taxes....
percentage. ...,
905
435, m
435, n
436
436-439
916 446
916 446
917 446
1020 510, 511
927
1017
450
509
collected on distress warrant.........
included in lien..
........................
lien: (See Assessments for Local Improvements.)
preferred to all other charges.
continues until paid............
no presumption of payment....
1017
1017
509
509
510,
1236
INDEX.
3:26
Taxes - lien - Continued.
discharged by erroneous certificate....
title not divested by sale for arrears not on bill,
levy, annual, comptroller to prepare estimate for.......
addition for deficiencies..
county charges to be included..
when submitted to assembly.....
Section. Page.
1051
526, 0
247 122
900 431, 432
248 122
902 433
247 122
900 431, 432
247 122
248 122
249
duties of assembly
123
· 447
921
921
............
936
447
447, a
454
454, a
454, b
447
920
894
.............
427
427, 6
427, C
427, d.
427
02
894
903
433
payment: (See Bureaus.)
corporations, to pay out of funds...
and deduct from dividends, etc........
where to be taxed.....
suits to compel payment.........
without previous warrant. ........
against stockholder.. ......................
undivided interest in land, how owners of may pay,
personal property:
assessment in name of owner........
not against estate of decedent.....
against executors, etc., by name, is valid.....
lunatics. by name...
wrong name prevents collection...............
permit for buildings, etc., to be reported to department..
rates and charges not to be changed, if affecting sinking
fund ........
real property :
assessment may be against land.
wrong name does not avoid tax.....
nor prevent review........
lien preferred to all other charges.
until paid.........
no presumption of payment...
begins only when tax determined.........
revenue bonds.
comptroller to issue in anticipation of annual taxes.
no proposals required for............
redeemed out of proceeds of tax levy..............
sales for arrears. (See Assessments and Arrears, ante.)
Taxes and assessments, department of :
one of departments of city.......
board of taxes and assessments is head of......
216
894
100
427, a
427
440,6
509
509
510, C
509,b
1017
1017
187
85
182
187
86
884
107
422
48
423
48
423
48
number of members....
president designated in his appointment.........
423
885
107
885
107
885
107
885
25
226
885
term of office, six years........
member of board of aldermen..
member of board of estimate.........
48
423
14
103
423
48
salary. 38,000.............................
commissioners of......
........................
107
885
423
one must be learned in the law.
107
48
423
salary, $7,000....
term of office, four years..........
423
first appointments .............
devolution of power..........
deputy tax commissioners :
number and appointment of .
423
INDEX.
1237
423, 424
.....................
................
..........
........
31, e
205
......
108
Taxes and assessments, department of - Continued.
deputy tax commissioners -- Continued.
Section.
number may be increased.........
887 424
former preferred. .......
888 424
term and salary................
887
assignment among boroughs...
888 424
general powers and duties ..
887 423
duties in assessing property...
889 423
surveyor :
appointment of, and duties..
891 425
... assistants .......
891 425
annual estimate of expenses and salaries..
126 104
books and records of department:
kept where most convenient..
890 425
public records, open to public. .......
890 425
of former departments. ......
890 425
majority of board, etc.:
decision of, to be that of board, etc....
908 443
offices :
main office in Manhattan..........
890 425
branch offices in other boroughs...................
890 425
statistics of, to be published annually.........
137
Telegraph lines: (See Fire and Police Departments.)
posts :
assembly to regulate..........
......... subd. 7, 49
erection is taking of private property.........
except for street lighting........
license fee may be imposed ...
31, f
ordinances to be prepared by board of public im-
provements ....
............. subd, 4, 416
Tenement-house fund :
annual appropriation for......
........ subd. 9, 230
Tenement houses : (See Bakeries, Buildings, Contagious or
Infectious Diseases, Fạt Boiling, Lodging Houses, Private
Schools.)
animals, certain, not to be kept in...
1312 638
areas :
around basements.
1309 636, 637
1318 644
between buildings...........
1318 643, 644
ashes and rubbish, proper receptacles to be provided for, 1320 646, 647
basements and cellars :
dwelling rooms in, regulated....
1309 636, 637
permit from board of health necessary .........
1310 637
prevention of dampness in ....
1320 647
: board of health may make other regulations........ 1323 649
cleansing :
as often as required by board of health ............ 1310 637
condemnation :
board may require removal of occupants in part or
whole ....
1315
order be reşcinded on removal of danger .......
641
this is a duty ..
641, b
causes may be iufection from contagious disease, 1315 640
or want of repair. ......
1315 640
or existence of a dangerous nuisance .......... 1315 640
procedure
1315 640, 641
owner's remedy is by action for damages
641, a
591, 6
removal of building when ordered..
1316 741
no hearing necessary before order .......
642, a
owner may demand survey ......
1316 741
proceedings in supreme court ................. 1316 641, 642
board must institute proceedings ........
642, 6
(See Condemnation Proceedings, ante.)
evidence to make out prima facie case.........
643,
......................
......
640
1315
....
.
1238
INDEX.
Section.
1316
1316
1320
Page.
643, d
642
642
1646
Tenement houses - Continued.
condemnation -- removal of buildings, etc.- Continued.
board's order sustained unless unjust..........
evidence of enhanced value to be received .....
basis for award ................... ............
chimneys for stove in every apartment ......
construction or alteration:
general provisions......
additional provisions . .........
department of buildings has cognizance of ..
may make other regulations .....
definitions ......
doors:
for certain stores, regulated....
to dumb-waiter shafts..
filth and garbage:
not to be kept or placed in....
1304 633
1317 643
1322 649
1323 649
1305 633, 634
1311
1318
638
644
635
637
635
638
644
.
1308
1310
1308
1312
1318
1306
762
penalty......
receptacles to be provided for ....
r.....................
elevators regulated....
fire-escapes to be approved by department of buildings..
fire regulations .......
halls:
entrance to be fire-proof, etc .........
open to outside air or equivalent ..
634
355
....
.........
........
.
.
1318 645
1304
1320 647
1318 645
1318 645, 646
or at least.............
1314 639, 640
1314 640
114 640
1321 648
1230 647
1320 647
647
1318 643, 644
1320
639
603
wainscoting to be fire proof
injunction against builder, etc .....
inspection by board of health:
twice a year at least...
after any order
free access to health officers...
janitor required in certain ......
lights in halls:
sunset to 10 P. M...............
where no outside windows............
fire department to prescribe precautions .....
lots, percentage of space which may be built upon..
notices:
by board of health..
how served.........
of names of owners...........
and particulars of the property....
penalty for failure to give ...
overcrowding and remedy ......
permits :
for building or alteration...
by board of health.........
rear tenements...
roofs :
to be kept in good repair ........
rain water properly conducted from ..
hall ventilator to be approved by department of
buildings............
rooms, dimensions and ventilation of ..................
shafts :
uncovered if over ten square feet .......
except for elevator or staircases........
sleeping rooms :
construction and ventilation .........
1313
1224
1313
1313
1313
1321
638, 639
638, 639
639
648
645
1318
1321 648
1318 643, 644
1306 634
1306 634
...............
1307
1319
634
646
1318
1318
644
644
1307
634
646
1319
stairs and stairways:
proper banisters and railings to be provided........
to be kept in good repair.....
personal liability for defects.....
1306
1306
634
634
634, a
INDEX.
1239
1311
1304
633
...........
637
er.....................
Tenement houses - Continued.
stairs and stairways - Continued.
Section. Page.
cellar or basement stairs regulated..
1318 644
where to be fire-proof....
1318 644, 645
to extend to roof, etc... ........................
1318 645
statistics to be prepared.......
............................
1175 580
reports to State Board of Health ....
1175 580
storage of combustibles or dangerous articles forbidden.. 1312 638
including rags......
1318 645
transoms:
from certain stores, regulated.......
638
in sleeping rooms...
1307 634
use and occupation:
sanitary code must be conformed to....
1304 633
and orders of board of health......
violation of law relating to tenements:
penalties .......
1322 648, 649
actions for penalties.......
1322 648, 649
wall paper:
old to be removed and walls cleansed.......
1310
water, proper appliances for using on each floor. ...... 1320 647
failure in general supply not chargeable to owner.. 1320 647
valid exercise of public power. ........
647, a
expense does not invalidate the law.....
647, 0
provision intended also as safeguard against fire...
648, c.
one place on each floor sufficient........
€48, d
water-closets, privy, sinks, etc.:
number required.....
1308 635
sewer connections.................
1308 635
ventilation......
1308 635
for basement apartments...
1309 636
care in using.....
1308
privies allowed only when unavoidable.......
1308 635
permit from health department necessary.
1308 635
window openings. ...........
1318 645
floors, etc........
.......................
645
whitewasbing walls and ceilings once a year......
1310 637
windows:
to outer air......................................
1318 645
1319 646
from certain stores regulated ............
1311 635
yards :
sewer connections to be made......
1309 635
with gutter, where no sewer....
1309 636
Tenth ward. (See Wards.)
Term of office. (See Officers of Corporation.)
Theaters and places of public amusement: (See Buildings.)
to be regulated by ordinance ...
..... subd. 13, 49
.
635
1318
......
ice
.......................
1169
1482
1482 707
1482 1707
1472 1702, 703
board of health may require reports, etc .......
children under fourteen years not admitted to......
exception .............
penalty for violating provision relating to......
licenses for, required ...........................
all classes of public exhibitions conducted upon a
stage are within the section......
impromptu characterizations, when must be licensed,
police department issues........
fee, $500........
discretion to refuse a license.
............
granted for less than a year....
ar......................
revocation of..
............ ..........,
police arrest violators...... ..................
penalties for not obtaining...
1473
1473
........................
1474
1476
1478
1473
1477
703, a
703, 6
703
703
703, a
704
704
705
703
703
VIUTUVOIN..................
injunction may be obtained against, for opening
without license......
1479
705
1240
INDEX.
1706
1481
....
707, a
..........
...............
Theaters and places of public amusement - Continued.
licenses for required - Continued.
Section. Page.
charitable and religious exhibitions excepted from
laws relating to........................
1480 706
certain societies excepted.......
excepted .........................
1480
not to be opened for performances on Sundays.........
706
penalties .. ........
1481 706
does not infringe upon constitutional right to free
exercise of religious profession and worship. ....
liquors not to be sold in ...
1483 707, 708
exceptions............
1483 707, 808
injunction does not lie to restrain threatened arrest..
708, a
license to sell liquors not to be granted to public
concert halls......
708, 6
female waiters not employed in....
1483 707, 708
forfeiture of license and other penalties................ 1484, 1485 708
protection against fire in.........
762 355, 356
ſights in, to be properly protected..................... 762 355
aisles in, to be clear of seats and persons standing...... 762
police to inspect......
163
and arrest for violations of law.........
1486 709
doors and exits to be conspicuously numbered...
1487 1709
diagrams to be printed on programmes........
1487 709
Thing, defined with reference to chapter governing health
board ...
Third ward. (See Wards.)
Thirteenth ward. (See Wards.)
Town clerks :
papers filed with, transferred to clerk of county......
1555 740
papers filed hereafter to be filed with clerk of county .... 1555 740
Trades, certain, regulated.....
1212 597
.. ....
Trap doors. (See Hoistways.)
Travelers, police to assist, advise and protect........
315
Trucks and truckmen. (See Licenses, Obstructions under
Streets.)
detention of at shipping points :
charge for......
.........subd. 26, 49
regulations for use of streets by, assembly may make .. 26, 49
356
315
1229
605
1
1
1
1
1
1
1
1
1
Trust companies. (See Banks of Deposit.)
Trustees of the Exempt Firemen's Benevolent Fund of the
City of New York :
collect tax on foreign insurance companies in Manhattan,
until ..............................................
808 380
render accounts quarterly,........
808 380
payments by..........
808 380, 381
to beneficiaries......
808 383
reports to comptroller of state.........................
808 383
Tunnels: (See Maps.)
construction of; under waterways, assembly to provide
for ...........
48
and authorize loans or bonds........
48
board of estimate must first approve ........
.....
land for: (See Opening Streets.)
damages for paid out of fund for street openings... 174
(See Streets.)
title to:
board of public improvements, duty of............subd. 2, 415
Turpentine, quantity stored....
764
Twelfth ward. (See Wards.)
Twentieth ward. (See Wards.)
Twenty-first ward. (See Wards.)
Twenty-second ward. (See Wards.)
Twenty-fourth ward. (See Wards ).
Twenty-third ward. (Šee Wards.)
Twenty-sixth Ward Homeopathic Dispensary, appropriation
..subd. 22 (23), 230 1 16
to.....
INDEX.
1241
1990
781
218
102
U.
Section. Page.
Unclaimed lands, city to take.......
1035 517, 518
Underground wires: (See Electricity.)
*Undertakers to report to public administrator.........
246 1036
Underwriters, New York board of:
approval by, of storage of cotton, etc...
363
fire marshal may report to .....
368
United States:
Harlem river improvement, land for, to be ceded to ....
property exempt from taxation........
436,1
University of the City of New York:
streets not to be opened through .
972 476
Unsafe buildings: (See Buildings, Tenements.)
Urinals:
assembly to regulate ..............
..........subd. 7, 49
board of public improvement to prepare ordinances
regulating......................... ........subd. 4, 416 205
commissioner of public buildings to control...........subd. 5, 573 279
Utensils for public offices: (See Public Buildings, Tene-
ments.)
27
V.
..........................
604
254
SO
.
.
.
..
.
.
.
.
.
.
.
.
.
.
.
.
.
Vacant lots : (See also Lots.)
local board may require fences around........
403 200
Vaccination:
board of health to provide for ...............
1225 603
sale of lymph, etc......
1226
constitutionality of school law relating to.....
603, a
Vagrants: (See Beggars.)
Varnish, storage of, regulated..
769 362
Vaults:
assembly to regulate.......
..........subd. 17, 49 28
ordinances to be prepared by board of public improve-
ments ......
......... subd. 6, 416
205
commissioner of highways controls......
subd. 5, 524
Vegetable fibre, storage of, regulated....
770 363
vegetables not to be thrown into streets................ 1456 698
Vehicles. (See Wagons.)
Venders. (See Licenses.)
assembly has power to license...
.........subd. 20, 49 28
police exercise supervision over....
316 163
Vessels. (See Contagious or Infectious Diseases.)
ashes and rubbish from :
street cleaning scows to receive................... 881 420
special scows to be located for........
881 420
bills of health :
board of health may give to masters, certifying to
health of city..........
577
dangerous to public health :
board of health has power to remove ............subd. 1, 1221 601, 602
1176 581
procedure........
1176 581-3
penalties .......................
1222 602
inspection of suspected vessels. ...
1184 586
dockmaster's powers :
to assign berths and stations for.......
867 416
to order removal.......
867 416, 417
discretion of dockmaster is unlimited...
417, a
duty of owners, etc., to keep in sanitary condition,
1201 592, 593
exemption from taxation........
437, 12
injuries to :
when lying at exterior end of wharves.........
879 419
penalties :
for disobeying dockmaster's orders. ............
867 417
for violation of orders of health department...
1268 617
.....
1169
1242
INDEX.
Section.
1210
Page.
596
1220
601
1251
1251
610
610
810
385
0
0
1
Vessels - Continued.
putrid cargoes to be destroyed or removed.
quarantine :
vessels arriving from infected places
sick persons on :
to be reported to department of health. .......
not to be removed without permit......,
Veteran firemen's associations, etc., of Staten Island:
entitled to percentage of tax on foreign insurance com-
panies...
Veterans :
applicability of laws relating to :
private secretary not within...
chief clerk or deputy not within...
meaning of these terms considered .
only to positions subject to removal at pleasure.
to employes paid by the day ...
........
not to a purely personal office...... ....... ..
not to judicial offices......
e. g., deputy court clerk in city court.
position in district attorney's office ..
children of, included in term “poor”..
*constitutional provisions respecting..
mandamus the appropriate remedy.......
not where right has not been claimed..........
..........
59, t
59, +
59, U
59, o
59, 2
59, 2
50, y
Pioyon paruw
oudy ...............
59,
240
ix
121
799
58,
56, &
quo warranto lies after appointment of another...
08.
55, .
55, i
y
Case...................................
127
57, a
58, k
58,
city not liable for violation of law.....
56, m
not exempt from examination where salary is less than a
certain sum.............
nor in any case........
preferred in appointment to competitve offices........subd. 3, 124
but not in the examination itself.........
55, h
800, é, f
privileges must be claimed.....
58,0
of these already in office continued...
removal can only be for cause shown ....
demand for hearing necessary to resist...
cross-examination of witnesses....
57, b
oath of witness not required......
58,
age or physical impairment alone, not sufficient
cause....
58, d.
reduction of expense by, no cause.......
no hearing necessary when office is abolished.......
actually and not formally....
or appropriation is exhausted................
alternative mandamus, the remedy.........
58,
certiorari lies to review:..........................
58, m
burden on officer removing ...................
58, n
laches of claimant bars reinstatement....
wrongful, is a misdemeanor....
59,9
but officer must know the party removed was a
veteran....
59,
wrongful, action for damages lies.................
retirement for age. .........
58, e
street cleaning department not within law....
Veto of mayor. (See Ordinances.)
Vice and immorality, assembly may pass ordinances to sup-
29
press. ......
........subd. 22, 49
Vitriol, storage of, regulated........
769 363
Volunteer Firemen's Home at Hudson:
payments for, out of tax on foreign insurance companies, 808 380, 381
Vouchers for payments from treasury. (See Finance, Depart-
ment of.)
58, 9
58, LO
OI.......................
59, 8
.........
263, 6
INDEX.
1243
Wagons :
..........
743
1743
1744
.................
..............
W.
Section. Page.
Wages may be paid on pay-rolls.........
149
not to be left in streets.......
1456 698
reasonable time allowed in case of accident....
1456 698
1456 698
Wards:
boundaries, assembly may change....
1582 744
continued with present numbers and boundaries :
in Bronx borough...
1578 743
in Brooklyn borough...........
1577
in Manhattan borough..................
1578
new, assembly may create ......
1582
first ward :
*in Brooklyn, boundaries,
842
part of first district of municipal court.......subd. 1, 1361 660
*in Manhattan, boundaries.........
836
part of first and second districts of municipal
court ..............
.........subd. 1, 2, 1360 659
*in Queens, same as former Long Island City ...... 1581 743
first district of municipal court..............subd. 1, 1362 660, 661
in Richmond, same as former town of Castleton.... 1580 743
part of first district of municipal court.......subd. 1, 1363 661
second ward :
*in Brooklyn, boundaries...,
842
part of first district of municipal court....fo.subd. 1, 1361 660
*in Manhattan, boundaries, ..........
836
part of second district of municipal court ....subd. 2, 1360 659
in Queens, same as former town of Newtown ....... 1581 1743
part of second district of municipal court....subd. 2, 1362 661
in Richmond, same as former town of Middletown.. 1580 743
part of second district of municipal court....subd. 2, 1363 661
third ward:
* in Brooklyn, boundaries....
843
part of first district of municipal court...... .subd. 1, 1361 660
*in Manhattan, boundaries ........................
part of first district of municipal court... ...subd. 1, 1360 659
in Queens, same as former town of Flushing ....... 1581 743
part of second district of municipal court ....subd. 2, 1362 661
in Richmond, same as former town of Northfield ... . 1580 743
part of first district of municipal court.......subd. 1, 1363 661
fourth ward:
*in Brooklyn, boundaries .....
..::::::... .. 4
843
part of first district of municipal court......subd. 1, 1361 660
*in Manhattan, boundaries.........
837
part of second district of municipal court....subd. 2, 1360 659
in Queens, same as former town of Jamaica........ 1581 743
part of third district of municipal court......subd. 3, 1363 661
in Richmond, same as former town of Smithfield... 1580 743
part of second district of municipal court ... subd. 2, 1363 661
fifth ward :
*in Brooklyn, boundaries.....
843
part of first district of municipal court......subd. 1, 1361 660
*in Manhattan, boundaries .....
837
part of first district of municipal court......subd. 1, 1360 659
in Queens, same as pårt of Hempstead, consolidated
with city ........
1581 743, 744
part of third district of municipal court......subd. 3, 1362 661
in Richmond, same as former town of Westfield.... 1580 743
part of second district of municipal court....subd. 2, 1363 661
sixth ward :
*in Brooklyn, boundaries.....
843
part of first district of municipal court......subd. 1, 1361 660
*in Manhattan, boundaries........
837
part of second district of municipal court..subd. 2, 1360 659
837
...................
C
1244
INDEX.
Page.
843, 844
660
837, 838
660
844
660
838
659
844, 845
660
838
660
845
660
838
660
845
660
838, 839
660
845, 846
660
839
Wards - Continued.
Section.
seventh ward :
*in Brooklyn, boundaries........
part of second district of municipal court....subd. 2, 1361
*in Manhattan, boundaries.....
part of fifth district of municipal court......subd. 5, 1360
eighth ward :
*in Brooklyn, boundaries....
part of second district of municipal court....subd. 2, 1361
*in Manhattan, boundaries....
part of first district of municipal court......subd. 1, 1360
ninth ward :
*in Brooklyn, boundaries...,
part of second district of municipal court , subd. 2, 1361
*in Manhattan, boundaries.......
part of third district of municipal court......subd. 3, 1360
tenth ward :
in Brooklyn, boundaries ......
part of first district of municipal court.... .subd. 1, 1361
*in Manhattan, boundaries...
part of fourth district of municipal court.....subd. 4, 1360
eleventh ward:
in Brooklyn, boundaries ...,
part of second district of municipal court.... subd. 2, 1361
*in Manhattan, boundaries ...........
part of fifth district of municipal court.......subd. 5, 1361
twelfth ward :
*in Brooklyn, boundaries........
part of first district of municipal court. ... ..subd. 1, 1361
*in Manhattan, boundaries ....
part of ninth and tenth districts of municipal
court.....
....... subd. 9 and 10, 1360
also whole of eleventh district of municipal
court..
.....subd. 11, 1360
thirteenth ward :
*in Brooklyn, boundaries ...........
part of third district of municipal court......subd. 3, 1361
*in Manhattan, boundaries....... .... ........
part of fifth district of municipal court .....subd. 5, 1360
fourteenth ward :
*in Brooklyn, boundaries........
part of third district of municipal court......subd. 3, 1361
*in Manhattan, boundaries......
part of second district of municipal court....subd. 2, 1360
fifteenth ward :
*in Brooklyn, boundaries.........
part of third district of municipal court.....subd. 3, 1361
*in Manhattan, boundaries..........
part of third district of municipal court.....subd. 3, 1360
sixteenth ward :
*in Brooklyn, boundaries ...
part of third district of municipal court.....subd. 3, 1361
*in Manhattan, boundaries....
part of eighth district of municipal court....subd. 3, 1360
seventeenth ward :
*in Brooklyn, boundaries....
part of third district of municipal court.....subd. 8, 1361
*in Manhattan, boundaries....... .............
part of fourth district of municipal court....subd. 4, 1360
eigbteenth ward . .
*in Brooklyn, boundaries........
part of third district of municipal court......subd. 3, 1361
*in Manhattan, boundaries....
part of sixth district of municipal court.....subd. 6, 1360
660
660
846
660
839
660
846
660
839
660
846, 847
660
....
........
839
660
847
660
839, 840
660
847, 848
660
840
660
848
660
840
660
.............
INDEX.
1245
849
660
..
..............
660
659
850
Wards - Continued.
Section Page.
nineteenth ward :
*in Brooklyn, boundaries.....
848, 849
part of third district of municipal court.....subd. 3, 1361 660
*in Manhattan, boundaries.......
840
comprises seventh district of municipal court.subd.7, 1360 6 60
twentieth ward :
*in Brooklyn, boundaries...
part of second district of municipal court....subd. 2, 1361 660
*in Manhattan, boundaries....
840, 841
part of eighth district of municipal court....subd. 8, 1360 660
twenty-first ward :
*in Brooklyn, boundaries... .....
849
part of second district of municipal court....subd. 2, 1361 660
*in Manhattan, boundaries...
............
841
part of sixth district of municipal court.....subd. 6, 1360 660
twenty-second ward :
*in Brooklyn, boundaries.....
849, 850
part of second district of municipal court....subd. 2, 1361
*in Manhattan, boundaries.......
841
part of tenth district of municipal court....subd. 10, 1360
twenty-third ward :
*in Bronx, boundaries.......
841
part of second district of municipal court....subd. 2, 1359
*in Brooklyn, boundaries...
850
part of second district of municipal court ...subd. 2, 1361 660
twenty-fourth ward :
*in Bronx, boundaries..
842
part of second district of municipal court ...subd. 2, 1359 659
also whole of first district of municipal court.subd. 1, 1359 659
*in Brooklyn, boundaries..........
part of fourth district of municipal court....subd. 4, 1361 660
twenty-fifth ward :
*in Brooklyn, boundaries...
part of fourth district of municipal court....subd. 4, 1361
twenty-sixth ward.
*in Brooklyn, same as former town of New Lots....
851
part of fourth district of municipal court....subd. 4, 1361 660
twenty-seventh ward :
*in Brooklyn, boundaries....
851
part of fourth district of municipal court....subd. 4, 1361 660
twenty-eighth ward :
*in Brooklyn, boundaries.. ..
851
part of fourth district of municipal court....subd. 4, 1361 660
twenty-ninth ward :
*in Brooklyn.same as former town of Flatbush in 1894,
851, 852
part of fifth district of municipal court ......subd. 5, 1361 660
thirtieth ward :
*in Brooklyn, same as former town of New Utrecht
in 1894 ....
852
part of fifth district of municipal court......subd. 5, 1361 660
thirty-first ward :
*in Brooklyn, same as former town of Gravesend in
1894.......
852
part of fifth district of municipal court......subd. 5, 1361 660
thirty-second ward :
*in Brooklyn, same as former town of Flatlands in
1894 ...........................
852
part of fifth district of municipal court......subd. 5, 1361
Ward's Island :
excepted from control of board of public charities....... 660
part of Manhattan borough ......
........ subd. 1, 2
*twentieth senatorial district...........
*thirty-second assembly district..
ninth district of municipal court ...
*twelfth ward....
850, 85
660
.....
.............
....
660
nicipal court ............... subd. 9, 160
...............
794
1246
INDEX.
474
233
.
.
Warehouses. (See Fires.)
Section. Page.
Warrants : (See Payment Under Finance, Department of.)
Water in tenement and lodging-houses.......
1320647
Water included in Port of New York...
864 415, 416
Water meters. (See Water Supply.)
Water pipes. (See Water Supply.)
Water rents: (See Assessments and Arrears.)
apportionment:
according to character of building or place......... 473 231
arrears :
entered on tax assessment-rolls........
909 443
collection of.........
1022 511
assembly establish............................
473 231
42 22
233
on recommendation of board of public improvements, 473 231
subd. 7, 415 205
474 223
“bills for arrears of assessments, taxes and water rents
and for redemption”....
1051 526
chargeable where pipes are laid in street....
473 231, 232
error in rate, no estoppel to city.....
232, 6
remedy for property owner........
235, a
extra charges included with regular rents..
473 231
no personal liability for meter rates........
475 234
interest on arrears :
percentage..........
1020 510, 511
lien on buildings when in arrears................
473 231
475 233
preferred lien until paid... ......
1017 509
no presumption of payment..........
510, c.
also for setting meters....
475
discharge by erroneous certificate..........
1051 526
not a tax or assessment.......
232, a
overcharges remitted by commissioner....
1022 511
penalties : (See Interest under Assessments and Arrears.)
for nonpayment......
476 234
waste........
1022 511
water meters determine when used....
473
475
Water sinking fund. (See Sinking Fund.)
Water supply: (See Bonds, Bronx.)
annual appropriation for ..........
230 107
bridges necessary through construction of works ....... 512 251, 252
cutting off from consumer :
injunction granted against, when
234, a
duty to supply water :
purely public.......
231, a
no liability for insufficient supply ......
231, a
expenditures for: (See Highways, Railroads, post.)
corporate stock to be issued .....
178 80, 81
constitutional requirement to be observed...... 169
*constitutional provisions respecting bonds....
xiii 802, 803
*applicable when limit of indebtedness has been
reached .......
803, 7
*such bonds are for a city purpose ............
803, f
highways interfering with, may be changed............
485 237, 238
at expense of city .....................
485
necessary by construction of reservoirs, to be built..
ground underneath, may be used..................
516 252
injury to :
assembly to pass ordinances for protection of
works....... .......
..... subd. 24, 49
board of public improvements to prepare ordinances,
8, 416
205
provisions respecting .....
417 206
commissioner charged with protection of works, etc., 470
.
.
237
251
512
..........
.......
235
483
236
INDEX.
1247
480
229
87
475
518
253
........
477
Water supply - Continued.
injury to - Continued.
Section Page.
contamination by nuisances on banks of streams, etc.,
forbidden ..
482 236
485 238
by throwing into streams, etc., forbidden.......... 481 235, 236
penalties for ....
481 236
482 236
lands : (See Real Estate, post.)
assessment of, outside of city....
235
materials :
commissioner charged to have sufficient ....
479 235
483 236
meters : (See Water Rents.)
controlled by department of water supply.........subd. 1, 470
expense of placing :
lien upon the premises.......................
475 233
collections for placing applied to.....
475 234
and proceeds of special revenue bonds........subd. 5, 188
placed in certain buildings.........
233
not where water is merely supplied to employes,
234, 6
• “hotel" defined....
234, c
New Croton Aqueduct Commissioners continued until
1901...................
518 253
to complete works already begun..................
not to begin new work..
518 253
other municipalities :
board of public improvements, duty of in obtaining
supply from....
..subd. 7, 415 205
power to reserve streams and ponds ....
1619 754
patent hydrants, valves and stop-cocks, not to be used
unless royalty released...
234
pipes :
attachments :
ordinances regulating to be prepared by board
of public improvements .................. sub. 1, 416 205
provisions relating to. ................... 417 206
laying :
board of public improvements to prepare ordi-
nances regulating ..........................sub. 1, 416
provisions relating to ordinances .......... 417
commissioner charged with duty of ........... 479
permit from commissioner of highways........ 525
private water companies :
board of public improvements, duty of..
sui. 17, 415
as to rates charged........
472 331
commission's power to contract with....
471 229
supervision over purity and quantity
472 230
general statute relating to...
231,0
rates how finally determined..
472 231
taxpayer not in privity with..
231, b
railroad interfering with, may be charged
485 237, 238
at expense of city...........
485
real estate, for works and supply:
acquired within or without city..
42 22
assembly to authorize.....
42
claimants, who may be.....
502 247
effect of failure to claim.......
502 247
commissioners of appraisal, who may be...........
appointment..
492 241
oath.......
493 242
first meeting.....
492
vacancies filled....................
495 242
removal of.....
249
compensation of......
508 230
clerks and stenographers may be employed by.. 508 250
205
206
235
256
205
237
22
492
241
10.....................
1
C
.....
.....
242
506
...
................
1248
INDEX.
Sēction. Page.
495 242, 243
507 249, 250
495 242
495
243
495
243
244, a
248
248
505
505
.........
472
.........
Water supply - Continued.
real estate for works, etc. - comrs, of appraisal - Con.
powers of..............
may agree with owners...
hear all claims......
view the property.........
testimony reduced to writing.
oral does not entirely bind.
second appraisal by, final.........
new commissioners may be appointed on appeal,
compensation for :
basis of.........
injury must be permanent..........
change of road, etc............
to same owner.......
agreements with owners by commissioners of ap-
praisal .........
board of public improvements must approve...
who may represent state, etc......
condemnation proceedings for supply:
amendments of proceedings authorized........
commissioner to authorize........... ..........
with approval of board of public improvements,
and approval of board of estimate.. ...
and ordinance of assembly...........
corporation counsel to conduct.................
485
230
247, a
238
244, 6
o
507 249, 250
507 249
507 250
472
230
124
245
250
506 249
230
472 230
472 230
472 230
472
255
*490 240
508
498
508
496 244
495 243
495
508 251
502
238
486 238
239
486 239
487 239
488 239, 240
489
495 243
244
485
243
to give notice of confirmation of report.....
may appoint special counsel......
costs and allowances...............
counsel for unknown owners....
to guardians or committees.......
payment of.............
failure to claim an award, effect of....
maps, commissioner to prepare.....
board of public improvements to approve..
public hearing on.......
filed after final adoption....
power to enter on lands to make, etc......
copies, details to appear on........
how used.
.........
486
......
............
486
SE PIIRISERRURIER SERI KEARSNIK 3 93 ********* ****
240
496
237
491
241
499
500
245
245
..........
when road, etc., to be changed.....
notices of petition by advertisements and hand.
bills....
payment of awards decreed on confirmation of
report......
when made by city.......
enforced for suit for money had and re-
ceived.......................
to wrong person, remedy for..............
city protected by payment, except, etc.....
deposit of award to minors, etc................
of all awards pending appeals.............
funds raised by sale of corporate stock.....
petition signed and verified by commissioner...
contents of .......
when road, etc., to be changed........
pending proceedings continued under former
laws ..
report of commissioners to court...
500
501
503
501
505
509
490
490
485
246
247
248
246
248
251
240
240
237
515
495
496
504
252
243
244
248
separate reports may be made........
INDEX.
I 249
496
.
.
.
245
245
.
.
248
........
485
.
........
494
.....
.......
472
Water supply - Continued.
real estate for works, etc.- condemnation proceedings -
report of commissioners to court - Continued.
Section. Page.
testimony returned with...
495 243
and maps..................
244
filed by commissioners.......
497 244
notice of confirmation ......
498
confirmation of report .....
499
effect of.......
499 245
final upon adverse claimants.
245, a
appeals to appellate division..
505 248, 249
court of appeals. ......
505248
no question of fact heard in court of
appeals............
· 249, a
do not operate as a stay........
505 249
new appraisal may be ordered ............
505 248
by new commissioners.....
505
report then final ..........
505 248
set aside only for fraud, etc......
244, a
definition of “real estate”........
237
possession, when taken by city......
242
property and rights which may be acquired.... 4.72 230
exceptions of supplies of water to other
communities...
472 230
and to state canals.........
230
commissioner to acquire ....
484 236, 237
title of city, when accrues .......
494 242
difference between seizin and acquisition of
easement ....
242, à
reservoirs and lakes subject to sanitary regulations of
state board of bealth ........
511 251
•'..•• ••....
rules and regulations for consumers:
notice by being printed on permit
478 234
statistics of, to be published annually.................. 137
sources of :
commissioner to select .........
with approval of board of public improvements,
229
height of water :
commissioners of appraisal fix...
495 243
Lake Mahopac not to be drawn down.......... 514 252
necessity for taking fixed by commissioner's determi-
nation .........
472 230
484 236, 237
works :
annexed corporation's works vested in city..........
constr
assembly to direct.
board of public improvements to prepare ordi-
nance for........
..... subd. 1, 416 205
commissioner of water supply has charge of.... 479 235
repairs :
ordinances regulating, to be prepared by board
of public improvements .................. subd. 1, 416 205
Water supply, department of: (See Boroughs.)
represented in board of public improvements....
commissioner of water supply is head..........
100
228
sole executive power vested in.........
223
appointed by mayor..
......subd. 1, 100 46
468 228
term of office, six years......
472 229, 230
42
22
.
96
46
468
ix years..........................suba. 1, 100 46
salary, $7,500....
468 228
member of board of public improvements.......... 410 202
annual report to mayor ....
457 226
....
....
.......................
79
1250
· INDEX.
......
104
..............
458
456
wamenninners
See Boroughs.
........................
Water supply, department of Continued.
commissioner of water supply is head — Continued.. Section. Page.
certificate by, to comptroller, of sums to be paid for
lands, expenses, works, etc.....
178 81
contracts. (See Private Water Companies under
Water Supply.)
executed by....
457 226
power restricted as to water supply......
471 229
duties of. (See Water Supply, ante.)...,
457 226
483 236
jurisdiction of.............................
469 228, 229
has powers of former boards.....
517 252, 253
ordinances of assembly to be obeyed by..
450 223
annual estimate of expenses and salaries............... 226
bureaus :
organized by commissioner.
458 226
branch bureau in Brooklyn ...
226
and in other boroughs..........
458 226
clerks and subordinates :
appointed by commissioner..
456 225
in boroughs, by deputy in charge .........
225
456 225
deputy commissioners. (See Boroughs.)
appointed by commissioner ...
452 224
one at main ofice ...............................
452 224
one or more branch offices may be assigned to...... 452 224
designated by commissioner to exercise his powers.. 452 224
employes :
transfer from borough to borough.....
...........
460 227
work to be done by, in several boroughs........... 461 227
outside of the city....
470 229
engineers. (See Boroughs.)
chief appointed by commissioner ..................
453 224
has power to appoint and remove assistants ..
453 224
more than one chief, if board approves.............
453
duties prescribed by commissioner ..............
225
qualifications of engineers ....
224
at branch offices may be deputy commissioners
453 224
consulting, may be appointed .....
225
qualifications of..........
main office in Manhattan borough .........
unless board of public improvements changes.
451
branch offices in other boroughs......
451
monthly reports to comptroller.......
513
Weights and measures:
ordinances in relation to, may be passed ..............subd. 1, 49
inspectors and sealers of, to be appointed by mayor ....subd. 1, 49
118
duties, fees and salaries of, prescribed by assembly..subd. 1, 49
particular districts may be assigned by assembly....subd. 1, 49
removal ........
57, h
Well-holes. (See Hoist ways.)
Westfield, former town of :
ward five of Richmond borough.....
1743
Wharfage. (See under Docks.)
Wharves. (Šee Docks.)
White precipitate, retail sales of, regulated......
1516 715, 716
Widows and orphans' fund of sundry late volunteer fire
departments :
percentage of tax on foreign insurance companies
paid to ........................................subd. 3-9, 809 384
Windows, penalties for injuring .......
........ 1462–1465 700–702
Wires, overhead and underground. (See Electricity.)
Witnesses. (See Commissioners of Accounts, House of
Detention.)
Women's library exempt from taxation
439, 11
224
454
453
...........
455
455
225
223
0
0
0
0
......
Temoval ............................
.
1580
743
INDEX.
1251
Section,
Work-house. (See Correction, Department of.)
Work-shops. (See Water Meters.)
Page.
yang kuat
Y.
Young Men's Christian Association, exemption from taxation.
teman
se
438, 439
904,
Zoological garden: (See New York Zoological Garden.)
city may take gifts for....
609291

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