LIBRARY OF THE UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN q352 . 07471 N47c 1901 sup . 1901 -16 Digitized by the Internet Archive in 2016 https://archive.org/details/charterofcityofn00newy_1 EAGLE LIBRARY n<,.i9 The Charter OF THE City of New York I An Act to provide for the Government of New York— including 1916 Amendments •t* A History of City Charter Making pool, shed BROOKLYN DAILY EAGLE BROOKLYN BY THE NEW YORK Subscription price, $1.50 per year, including Eagle Almanac Vol. XXXI (1916) PRICE 50 CENTS Year No. 9 V The Peoples Trust Company INCORPORATED 1889 181-183 MONTAGUE STREET, BROOKLYN BRANCHES AT NOSTRAND AVENUE, CORNER HERKIMER STREET CLINTON AVENUE, CORNER MYRTLE AVENUE FIFTH AVENUE, CORNER FIFTY-FOURTH STREET 43 FLATBUSH AVENUE, NEAR FULTON STREET CAPITAL AND SURPLUS $2,700,000.00 Member of the New York Clearing House DIRECTORS J. G. DETTMER Retired HORACE J. MORSE A. M. Kidder & Co. WILLIAM B. HILL Lawyer HOWARD M. SMITH President Brevoort Savings Bank DAVID A. 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INTEREST ALLOWED ON DEPOSITS i THE CHARTER OF THE CITY OF NEW YORK CHAPTER 466, LAWS OF 1901, WITH AMEND- MENTS TO AND INCLUDING 1916. Lhil 10 10 OFFICE OF PtlBLICATIOlV ? EAGLE BUILDING, BROOKLYN, NEW YORK Entered at the Brooklyn-New York Postoffice as second-class matter. Vol. XXXI, No. 9, of The Eagle Library. Serial No. 119, Nov., 1916. Trademark, “Eagle Library,” registered. Issued monthly except January, June and August. Yearly subscription, $1.50. O (Pi[o][pi(p][oifoiroifoiroifoifoi [oj y [°] r 2 Eagle Library^-THE CHARTER OF THE CITY OF NEW YORK ** , **« ‘ J v. « * • j , liIIUIIl!!lll!i!l!!!ll!!lll!l!!IIII!lll!!l!!!i!i!l!il!!i llMMM Your sermon page is unique in the history and realm of journalism. It Is deservedly known the country and the world over. The Rev. LOUIS O. ROTENBACH, Pastor Bethany Presbyterian Church, Brooklyn, N. Y. The usefulness of THE EAGLE through the exercise of those qualities which have given it the foremost place as a paper that gives genuine religious news and by so doing helps forward religious work. The Rev. Dr. WM. A. FREEMANTLE, Editor of Episcopal Recorder. Pages of Sermons of Prominent New York City Preachers Every Monday in the BROOKLYN DAILY EAGLE One of the Leading Newspapers of America. Subscribers to the Monday Edition Receive a Complete Paper Containing the Sermon Pages, Able Editorials, Picture Section, Women’s and Children’s Pages and Many Other Features. $1.00 for a Full Year’s Subscription, Less Than Two Cents a Week. Subscription Blank Inclosed. BROOKLYN DAILY EAGLE BROOKLYN, N. Y. THE EAGLE is the one paper where religious news may be read with an assurance that it is correct. The Monday EAGLE has become a veritable institution. T. VALENTINE PARKER, First Bap- tist Church, Binghamton, N. Y. THE BROOKLYN EAGLE has brought to our studios homiletic literature of untold value. Rev. ELMER WARD COLE, Pastor Central Christian Church, Hunting- ton, Ind. Eagle Library — THE CHARTER OF THE CITY OF NEW YORK 3 ' Y T 1C. \ c l6\ CONTENTS OF CHARTER Note — The Code of Ordinances Charter amendments will be embodied in the 1917 edition of Eagle Library No. 194. Following Charter sections have been amended in the Code revision of 1916: Sections 194, 529a. 682, 698, 699, 700, 702, 827, 836, 837, 845, 849, 851, 854, 854a, 858, 859, 860, 861, 862, 863, 865, S67, 870, 878, S79, 8S0, 881, 927, 1430, 1472, 1473, 1476, 1477, 1479, 14S0, 1482, 1483, 14S4, 14S5, 1487. CHAPTER I boundaries, boroughs, powers, rights and obliga- tions OF THE CITY, section 1 to section 10. CHAPTER II LEGISLATIVE DEPARTMENT, section 17 to section 61. CHAPTER III FRANCHISES AND GRANTS OF LAND UNDER WATER, section 71 to section 88. * Title 1 — Franchises, section 71 to section 77. Title 2— Giants of lands under water, section S3 to sec- tion S3. CHAPTER IV THE EXECUTIVE, section 94 to section 112. CHAPTER V THE MAYOR, section 115 to section 127. CHAPTER VI DEPARTMENT OF FINANCE, section 149 to section 349. TjStle 1 — The comptroller, section 149 to section 1G5. Title la— Retirement from active service of officers, clerks and employees in the Department of Finance, sec- tion 163 to section 168. Title 2— The bonds and obligations of the city, section 169 to section 1R9. CHAPTER VI (Continued) Title 3— The chamberlain, section 194 to section 198. Title 4— The sinking fundo. section 204 to section 222. Title 5— Appropriations and the Board of Estimate and Ap- portionment. section 226 to section 247. Title G — Levying taxes, section 248 and section 249. CHAPTER VII LAW DEPARTMENT, section 255 to section 265. CHAPTER VIII POLICE DEPARTMENT, section 270 to section 367. CHAPTER IX BOROUGH OFFICERS, section 382 to section 416 a. Title 1 — Borough officers, section 382 to section 401. Title 2— Bureau of buildings, section 405 to section 416 a. CHAPTER X CONTRACTS A^ND , LOCAL IMPROVEMENTS, section 417 to sec- tion 449. ^ ^ Title 1 — General provisions relating to contracts, section . ... _ „ »- . .417 to section 422. Tillfe fJt-iLfoerfl board, section 425 to section 430.. Title 3 — Local improvements, section 432 to section 437. '.'t 77 7. -Tjt£o"ri— Slaps and plans, section 438 to section 449. I i Continued on Following Page.) “The Largest Fire Insurance Company in America” ORGANIZED 1853 ELBRIDGE G. SNOW, President |S FIRE Automobile Commissions Hail AND ALLIED BRANCHES Parcel Post Profits Registered Mai! Marine — Inland=Ocean Rents OF INSURANCE V * i; ■ - *• Sprinkler Leakage Tourists’ Baggage Use and Occupancy Windstorms Agents in Cities, Towns and Villages Throughout the United States and Its Possessions, and in Canada Head Office: No. 56 CEDAR STREET, NEW YORK STRENGTH REPUTATION SERVICE H. F. QUINN, Manager, 172 Montague Street, Brooklyn, N. Y. U 3J \.t> 1 4-7 ici. \\l -U 402040 4 Eagle Library— THE CHARTER OF THE STATE OF NEW YORK CONTENTS OF CHARTER— CONTINUED. CHAPTER XI CHAPTER XVII (Continued) DEPARTMENT OF WATER SUPPLY, GAS AND ELECTRICITY. STREET CLEANING AN D BRIDGES, seel ion 450 (o section 003. Title 1— General provisions, section 450 to section 462. Title -—Department of water supply, pas and electricity, section 46S to section 532. Title 3— Department of street cleaning, section 533 to sec- tion 558. Title 4— Department of bridges, section 504 to section f02. Title 3 — Vacating and modifying assessments for local Im- provements, other than those confirmed by a court of record, section 95S to section 961. Title 4— Opening streets and parks, section 070 to section 1011. Title 5— Sale of tax liens on lands for taxes, assessments and water rates, section 1017 to section 1051. CHAPTER XVIII CHAPTER XII DEPARTMENT OF EDUCATION, section 1055 to section 1162. DEPARTMENT OF PARKS, section 607 to section 639. Title 1— The public schools and their management, section 1055 to section 1102. Title 1— The parks of the city, section 607 to section 631. 'Iille 2 — The art commission, section 633 to section 630. Title 2— The College of the City of New York, section 1127 to section 1133. CHAPTER XH-a (New) Title 3— The normal college, section 1139 to section 1145. Title 4— General provisions, section 1151 to section 1162. DEPARTMENT OF LICENSES, section 640 to section 641. COMMISSIONERS; DEPUTIES; EMPLOYEES; SALARIES— Section 640. JURISDICTION— Section 041. CHAPTER XIX DEPARTMENT OF HEALTH, section 1167 to section 1325 Title 1— Powers and duties of the department, its (ifficert CHAPTER XIII and administration, section 1167 to section 1229. Title 2 — Marriages, births and deaths, section 1236 to 1241. PUBLIC CHARITIES, section 65S to section 693-a. Title 1 — Department of public charities, section 638 to sec- tion 691-a. Title 2— Bellevue anJ allied hospitals In the City or New York, section 692. Title Board of inebrity, section 693. Title 4 — Board of Ambulance Service, section 693-a. i. Title 3 — Duties of physicians and others, section 1247 to section 1251. Title 4— Legal proceedings and punishment for disobedience of orders and ordinances, section 1257 to section 1269. Title 5— Reimbursement of expenses, section 1275 to section 12S0. Title G — Abatement by suit, section 1287 to section 1300. Title 7— Lodging houses, section 1304 to section 1318. CHAPTER XIV Title S— Pension fund, section 1319 to section 1325. DEPARTMENT OF CORRECTION, section 694 to section 717; CHAPTER XlX-a CHAPTER XIV-a (New) BOARD OF STANDARDS AND APPEALS, ^ section 718 to and including section 719. CERTIORARI TO REVIEW DECISION OF BOARD OF AP- PEALS, section 719a. PENALTY FOR NON-COMPLIANCE WITH ORDERS. ETC., OF BOARD. OF SUPERINTENDENTS OF BUILblNGS AND OF FIRE COMMISSIONER, section 719b. DUTIES OF FIRE COMMISSIONER, section , 77.4. ORDERS, ETC., OF FIRE COMMISSIONER, section 773a to and Including section 7 7 7. . APPLICATION Full VllDKll TO REMOVE VIOLATIONS' AND TO VACATE BUILDINGS, section 77S. , TRANSMITTING NOTICE TO. OWNERS, section 778a. TRANSFER OF POWERS OF OTHER DEPARTMENTS, sec- tion 1341. !.'■•«, bins'. V i\ "jll i.r; -OJJ TENEMENT HOUSE DEPARTMENT, section 1326 to section 1314 p. Title 1— Organization of department; officers and employees, section 1326 to section 1339. ’Title 2— Powers and duties of department, section 1340 to section 1344-h. Title 3— Records and reports; miscellaneous provisions, §ec« tion 1344-i to section 1344-p. CHAPTER XXI THE ACQUISITION OF LANDS and interests therein for publla purposes, section 1435 to section 1448. CHAPTER XXII THE STREETS, section 1434 to section 1438 and section 14C2 to section 1466. (Chapter not headed in act of 1901.) STAGES— Section 145S to section 1461. CHAPTER XV DANCE HALLS— Section 1433 to section 1494. FIRE DEPARTMENT, section 720 to section git. Title 1— Organization and powers of officers and men, sec- tion 720 to section 743. Title 2— Fires and their extinction, section 74S to section 756. Title 3— Prevention of fires; explosives and combustible materials, section 760 to section 778-c. Title 4 — Fire marshals_and investigations of origin of fires, ’ ’ section 779" to section 783. Title f>— Relief fund and pensions, section 7S9 to section 792. Title O — Tax upon foreign insurance companies, section 798 to Section 812. CHAPTER XXIII GENERAL STATUTES, section 1490 to section 1574. Title 1 — Commercial oaper during epidemic, section 1499 to section 1 .504. Title 2 — Board of City Record, section 1326 to section 1328. Title 2— General orovisions. section 1533 to section 1569-b. Title 4— Coroners, section 1570 to section 1371. Title 5— Examining Board of numbers, section 1572 to see. tion 1574. CHAPTER XXIV (New) CHAPTER XVI RECORDING AND INDEXING INSTRUMENTS AFFECTING LAND IN THE COUNTIES OF NEW YORK AND BRONX; PREPARATION OF LAND MAPS. DOCKS, PIERS, HARBORS, PORT AND WATERS, section S16 to section SSI. Title 1 — Department of docks and ferries, section 816 to sec- tion S2S. Title 2 — Piers, slips and wharfage, section S44 to section S71. Title 3 — General provisions, section S7t> to section SSI. Application of Chapter, section 1572. Land Maps, section 1573. Instruments, how recorded and indexed, section 1574. Alterations and Corrections, section 1575. Fees for Indexing, section 1576. Miscellaneous Instruments, section 157Ga. CHAPTER XVII CHAPTER XXV TAXES AND ASSESSMENTS, section 8S4 to section 10-31. Title 1— Department of taxes and assessments; powers and duties, section 884 to section 938. Title 2— Assessments for local Improvements other than Lhose confirmed by a court of record, section 912 to section 933. j PROVISIONS RELATING TO COUNTIES and repeal provisions, sec- tion 1577 to section 1620. Title .1— Provisions relating to the counties, section 1577 to section 1595. Title 2— Repeal provisions; effect of this act, section 1608 to section 1620. L4 i FACTS ABOUT THE CHARTER, 5 Some Facts About the Charter and Charter Making in New York City The charter of the City of New York, with all its amendments, becomes more complex each year. The charter as printed in this volume is a copy of Chapter 466 of the New York State Laws of 1901 with the very numer- ous alterations which have since been mad© therein, but not including' the Code of Ordinances amendments, which are embodied in The Eagle edition of the Code of Ordinances. It is not annotated, but is com- pletely indexed and any desired sec- tion may easily be found. It is, without doubt, the only charter of the City of New York on sale at the present time contain- ing' the 1913 and 1914 amendments. No expense has been spared to make the text absolutely accurate and to include every change up to the time of going to press, it is hoped that the public will find tnis book of great value. The city charter has been severely crit- icised as being complex, redundant and contradictory. Two charter revision com- missions appointed at different times by the Governor of New York State have made their reports, but no definite action has been taken except that a legislative committee was appointed in the summer of 1909 to investigate the report of the last commission and carry on the work. 'Those who composed this committee were Former Assemblymen Frederick Ham- mond of Syracuse, chairman; Senator Brough, vice chairman; Senators Gled- hill, Cobb. Grady and Cullen, former As- semblymen Robinson. C. F. Murphy, Geoghegan of Brooklyn, Assemblyman Lee, Conklin. A. E. Smith and Shortt. Former Attorney General Julius Mayer is counsel and Alexander MacNulty. assistant counsel to the committee. During the legislative session of 1911 j an attemrt was made to pass a new charter fee the City of New Yo-f which j was popularly known as the ‘Gaynor Charter.” When the provisions of this bill became thoroughly understood by the people of the city it was found that the proposed charter revolt]! ionized the pow- ers and authorities of many of the city officials. Greatly increased power was delegated to the mayor, who virtually would be supreme in many of the most important executive matters. A power- ful effort was made t" Tammany HaU to force the Gaynor charter through the Legislature, and for several weeks the fight waxed bitter. Civic organizations and influential citizens united in strong protests to the Legislature and great pressure was brought to bear upon those members of the Senate and Assembly who were known to be independent of absolute party control. On September IS the Assembly passed the proposed char- ter bill by a vote of 76 to 57. The State Senators then took up the instrument, and after considerable discussion in a caucus, on September 30, eight Senators, whose votes were needed to pass the bill, held out against it. so it was de- cided not to introduce the bill into the Senate for a vote, and it was allowed to die through the adjournment of the Leg- islature on October 6, 1911. This attempt at forcing objectionable legislation through reacted at the November elec- tions in New York City to the extent Of defeating a number of the Democratic i.mdidates who had voted in favor of the Gaynor chart A ( No attempt was made to pass a new ©Charter at the session of the Legislature in 1912, as the two Houses were of dif- ferent political complexion and any at- tempt to reintroduce the Gaynor Charter would have only met with defeat. At the session which ended in March, 1912, about two score Charter amend- ments were made which will be found embodied in the present volume, together with those passed at the sessions of the Legislature in 1913, 1915 and 1916. Outline of Present City Government. In view of the complexity of the pres- ent charter, and the discussion which nat- urally arises by the recommendations of the charter commission, it may be well to outline the present form of city gov- ernment: In 1890 the city of New York comprised all of what is now Manhattan and greater part of what is now the Bronx, but un- der the act of consolidation Kings Coun- ty. Richmond County, tne larger part of Queens County and a small part of West- chester County became a part of the city. Manhattan comprises that part of the old city south of the Harlem River,- this area being known formerly as Manhattan Is- land. Bronx was formed from that part of the old City of New York; lying north. .of the Harlem River and the small part of Westchester County annexed under -the act of consolidation. All of this area was at one time a part of Westchester poiiu- ty, but in 1S73 the towns of Moprisania, West Farms and King’s Bridge were an : nexed to New York; under consolidation, January 1, 1S9S. all of the town of West- chester and parts of the towns of Eas t - chester and Pelham became a part of the city. The towns of Flatbush, Flatlands, Gravesend and New Utrecht were ab- sorbed by the City of Brooklyn in 1894, Flatbush becoming the Twenty-ninth i Ward, New Utrecht the Thirtieth Ward, j Gravesend the Thirty-first Ward, Flat- lands the Thirty-second Ward. The city rhus became coextensive with Kings j County, and on January 1., 1 898, Brook- lyn became one of the five boroughs of New York City. Richmond County, or Staten Island, be- came the Borough of Richmond. Queens Borough was organize! at the same time from what was Lang Island City, the towns of Flushing, Jamaica and Newtown, and a small portion of the town of Hempstead, all of which were ! civic divisions of Queens County. The remaining towns of the countv. Oyster Bay and North Hempstead, together with the greater part of the town of Hemp- stead. were taken to form the new county o Nassau. This territory embraced in the city has an area of 326 square miles and is divided into five boroughs: Manhat- tan. Brooklyn. Queens, the Bronx and Richmond. Each of these boroughs has a president, elected by its voters at large. The executive of the city is com- posed of t he m.-yor, as its head, the bor- ough presidents and the following ad- ministrative departments: Finance, Law, Police, Water Supply. Gas and Electricity, Street. Cleaning. Bridges. Parks. Public Charities, Correction, Fire, Docks and Ferries, Taxes and Assessments, Educa- tion. Health, Tenement House. Each of these departments is presided over by either a commissioner or a board of com- missioners. The Board of Education is largely an independent corporation over which the city has practically no con- trol. Also independent of any of the ad- ministrative departments is the Board of Trustees of Bellevue and Allied Hos- pitals, which is classified in the charter as a branch of the Department of Public Charities. Present Duties of Borough President The borough presidents have power to appo nt and remove a commissioner and an assistant commissioner of public work* who. in his absence or disability, may represent him. A borough president has charge of the following subjects; Regulating, grading, etc., of streets; -constructing and repairing public roads; Paving, repaving, resurfacing, repairing streets and relaying of pavements; laying and relaying surface railroad tracks, form of rail, character of foundation, etc.; filling sunken lots, fenc- ing vacant lots, licensing vaults under sidewalks; removing incumbrances, Is- sue of permits to builders and others to use or open the streets; constructing and maintaining bridges and tunnels within the borough, all matters pertaining to the public sewers and drainage of 0 his borough; constructing, repairing, clean- ing, etc., of public buildings and markets except schoolhouses and other buildings whose care and custody are otherwise provided for; the care and -leaning of offices used for public purposes; locating establishing, maintaining, ete,,'o* publfo baths, etc., and placing of street si<-ns Eac-h president prepares his own con- tracts, subject to approval as to form by the corporation counsel. The mayor hfi£6ihts all heads of de- partments and removes them in his dis- cretion. The mayor, as the chief execu- tive officer of the city, is elected every four years and his powers are extensive but by no .means well defined as com- pared with soirie of the duties of other city officers. He may be removed hv the governor in the same manner as sheriffs, except that the removal proceed' ings may be conducted by the attorney general m the governor’s discretion The controller is the head of the Fi- nance Department. He is elected bv the people of the city at large for a ‘term of four years and is subject to removal by the governor. The Finance Depart- ment is composed of a number of bu- reaus. of which six are required by the charter. The controller has a general jurisdiction in financial matters of the city, subject, however, in many essential respects, to 'the Board of Estimate and Apportionment and the Board of Alder- men. The chamberlain is appointed by the mayor and is virtually the city treasurer or paymaster and may be re- moved by the mayor as any other head of a department. Tha legislative branch of the city con- sists of the Board of Aldermen the president of whom is elected by the voters for four years. One member of the board is elected from each of the seventy-three aJdermanic districts into which the city is divided. Of these dis- tricts there are thirty-three in Manhat- an, eight in The Bronx, twenty-four In 3rceklyn, five In Queens and three la FACTS ABOUT THE CHARTER. r 6 Richmond. The Board of Aldermen elect ft vice president who represents the president when he is absent. The presi- dent of the Board of Aldermen acts as mayor during the mayor’s ab- sence. Each head of an administrative department is entitled to a seat in the board and must attend its meetings when required, and may participate in discussion, but has no vote in the pro- ceedings. Resolutions and ordinances are subject to the veto of the mayor, but may be passed over his veto by the votes of at least two-thirds of all the members of the board, except on a question of the expenditure of money, the creation of a debt, or the levying of an assessment, in which event it requires a vote of three- fourths of all the members of the board to pass it over the mayor’s veto, and if the grant of a franchise is involved, the mayor’s veto is final. The Board of Estimate and Apportion- ment, consisting of the mayor, controiier, president of the Board of Aldermen and the five borough presidents, exercises both administrative and legislative func- tions. The mayor, controller and presi- dent of the Board of Aldermen have each three votes upon any proposition coming from the board. The presidents of Man- hattan and Brooklyn have each two votes and the other presidents have one vote vach. A feature of the present charter was the provision for boards of local improve- ments (title 2 of chapter X). There are 25 districts. The membership of each board consists of the president of the borough by virtue of his office and of the aider- men whose aldermanic districts are with- in the local improvement district. The initiation of the work of repairs and im- provement within their respective dis- tricts is placed in hands of these boards.^ It was designed to bring the people into lose touch with administration and to' p ., s S ?', V £. charters granted in the name service contain many provisions bearing on New York City. Consult the full list of Eagle Libraries in the back of the book. History of Charter Making. It is interesting to glance at the his- tory of charter making in New York City. The first government of civiliza- tion established on Manhattan was that of the West India Company, under a charter granted to it by the States Gen- eral of the Netherlands in 1621. Almost imperial powers were granted by this charter. Even at that early day man® efforts were made by the settlers to obtain some semblance of self-govern- : ment, and Peter Stuyvesant, who seems to have been impressed with the just- ness of this demand, ordered an election in 1647, in which the people of Manhattan, Breucklen, Amersfoort and Pavonia chose eighteen persons, from whom the director general and his counsel were to select a board of nine to assist Stuyve- sant in providing for the general wel- fare. The first Enlgish charter, known as the Nicolls charter, a copy of which has ap- peared in former editions of this book, was granted in 1665. By it the inhabi- tants of New York, New Harlem and other residents on the Island of Manhat- tan were formed into a corporation un- der the government of a mayor, aldermen and sheriff. In 1675 the Nicolls charter was reaffirmed, and the first governor under the restored rule of the English was Thomas Dongan. and a charter granted by him in the name of King J/.mes "It tt’as the first great charter of the city; The Dongan charter and the apply the principle underlying town or- ganization and control. It is not necessary to enter into the details of each department of the city. Enough has been presented to give a general outline of the city government and its officers. As to the duties of some of these officers it is said there is con- siderable conflict. For instance, the duties of the Commissioner of Street gleaning have never been clearly defined as regards the duties of the borough presidents of Manhattan, the Bronx and Brooklyn. The commissioner has juris- diction of the sweeping and cleaning of streets*, gajkage.n^otj. jmdLice, in Man- hattan; The Brenx- and Brooklyn, but not In Richmond "and Qifheh’s. Conflicts of Authority occur in other departments, it is complained. The duties of the presi- dent of the Boftjugh, Of .Manhattan and the mayor frequently -are intertwined, it is said, in some instances almost result-- jng in duplicate' -mayors. - - Charter Not the Only City Law. '! It is not to he assumed that our char- tser contains all the statute law dealing jjvith the territory o,f , Jdreatgr New York, tor it contains “but it small part of it. |i Many of the provisions for the govern- ment of the City Court of New York are in be found in the Code of Civil Pro- cedure; the Code of Criminal Procedure also contains sections applicable only to jjJew York City. The Municipal Court Act contains an entire system of procedure applicable flnly to New York City. „ The Tenement House Act affects only Ii tiin f s etc., regulated. Amended by Chap. 581. City Ordinances, Charter Amendments, pages 180 to 104. 1916 AMENDMENTS TO NEW YORK CHARTER Sections 310, 195— Accounts, comrn’r of, depu- ties. Sections 10, 425 — Aldermanic district?. Sections 043. 940, 951— Assessors, board of re- vision. powers. Sections 801, 891-b; 891-a new— Block map, taxes, assessments. Section 152— Bond, receiver cf taxes, lien on. Section? 96. 300. 504. 595, 599, 601, 602, 603 — Bridge department, plant and structures. Sections 242-a, 242-b— Buildings, height, regu- lations. Sections 406. 409, 411, 774, 775, 778, 778-a. 1341 ; Sec. 411 -a, Ch. 14-a, new— Buildings, in- spection, centralizing powers. Section 1132— City College, admissions, special courses. Section 58— Commissioners of deed - ?. Section 151— Finance dept., audit bureau. Section 151 Finance dept., bureaus. Section 1140 — Hunter College, lands, u*e of. Chapter 24, new— Land, instruments affecting, recording. Section 218 new— Lands under water, convey to U. S. Section 435 — Local improvement boards, grad- ing: section 1239— Marriages, births, failure to re- port. Section 51— Massage parlors, regulating. Section 245 — Memorial day, appropriation. Section 712-a new— Misdemeanants, confinement for observation. Section? 970-a. 970-b new— Parks, streets, lay- ing out. excess land. Section 391— Pavements, removal permits. Section 1560 — Pensioners, lidding office. Section 305— Police Commissioner, rewards. Section 351— relive force, retired members, re- instate. Section 1543-c new— Policemen, reinstatement of. Section 2S8— Police sergeants, reducing in grade. Section HS-a new— Port, director of, appoint- ing. Section 247— Public improvements, certain, cost, reconsider. Section 1092-e— School teachers, pensions. Sections 47. 160, 187— Serial bonds, “pay as you go.*’ SiH.*iion 1540— Streets, lay out on private prop- erty. maps. Section 50— Streets, stand licenses, ordinances. Section 914— Taxes a lien on real estate. Section? 469. 473. 475, 476, 478, 1017, 1022— Water charges, meters. Section 946— Water mains, pipes, removing, co t. Section 321— Witnesses, detention, Jurisdiction over. THE CHARTER OF THE CITY OF NEW YORK Chapter 466, Laws of 1901, With All Amendments to and Including 1916 “Passed at the one hundred and twenty, i fourth regular session of the Legislature, begun the second day of January, 1001, and ended the twenty-third day of April, 1901, at the city of Albany.” ' ' ' ' ' AN ACT To Amend .he Greater New York Charter. Chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-seven, entitled "An act to unite into one municipality under the corpor- ate name of The City of New York, the various communities 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 pa: t of the County of Queens, and to provide for the government thereof.” — Passed, without the acceptance of the city. Became a law April 22, 1901, with the approval of the Governor. Passed, three- fifths being present. THE PEOPI.E OP THE STATE OF NEW YORK, REPRESENTED IN SENATE AVI) ASSEMBLY, IJO EN- ACT AS FOLLOWS: Section One. Chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-seven, entitled “An act to unite into one municipality under the corporate name of The City of New York, the various communities lying in and about New York harl or, including the City and County of New York, the City of Brooklyn and the County of Kings, the C >unty of Richmond and part of the Coun- ty of Queens, and to provide for the gov- ernment thereof." is hereby amended so as to read as follows: CHAPTER I. BOUNDARIES, BOROUGHS, POWERS. BIGHTS AND OBLIGATIONS OF THE CITY. The City of New York: corpora- tions; consolidated ; territories; short title of this uct. Section 1. All the municipal and public corporations and parts of municipal and public corporations, including cities, vil- lages, towns and school districts, but uot 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 Newtown, Flush- ing and Jamaica, and that part of the former Town of Hempstead as it existed on the thirty-first day of December, eigh- teen hundred and ninety-seven, bounded on the east and north by the east and north bounds of the former Village of Far Roek- away, and on Ihe east by a line drawn due north from the northwest corner of saiJ village to the south line of the Town of Jamaica, as it existed on the thirty-first day of December, eighteen hundred and ninety-seven, 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 co-ex- tensive with the territory above described: ‘ and the said City of New York is hereby 1 declared to be the successor corporation ; in law and in fact of all the municipal and I public corporations united and consoli- dated 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 municipal and I public corporations united and consoli- ' dated as aforesaid into The City of New York are hereby devolved upon the board 1 of aldermen of the said City of New York, | so far as the same are applicable to said city, and not herein otherwise specially provided, to be exercised in accordance with the provisions of this act. This act may he cited by the short title of "The Greater New York Charter.” Division Into Boron glut. Sec. 2. The City of New York, as con- stituted by this act, is hereby divided into five boroughs to be designated respec- tively: Manhattan, The Bronx, Brooklyn, Queens and Richmond; the boundaries whereof shall be as follows: First— The Borough of Manhattan shaLl consist of all that portion 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 portion of The Ciiy 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 com- monalty of the City of New York, not in- cluded 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 the territory known as Queen* County. Fifth — The Borough of Richmond shall consist of the territory known as Rich- mond County. Name; powers and rights of til* corporation; seal. Sec. 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 cor- porate iu 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 ail of the rights, properties, interests, claims, de- mands. 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 con- solidated with the corporation known a* the mayor, aldermen and commonalty of the City of New York, except so far as modified or repealed by the provisions of this act. Local grnverninenl ; hoard of alder- men; liabilities of corporation! consol ilia ted. Sec. 4. For all purposes the local ad- ministration and government of the peo- ple 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 Board of Aldermen as in this act constituted, sub- ject to the conditions and provisions of j this act, shall exercise all the powers j vested in the corporation of The City of New York by this act or otherwise, save l as in this act is otherwise specially pro- vided. All valid and lawful charges and I liabilities now existing against any of tba ! municipal or public corporations or parts j thereof, which by this act are made part j of the corporation of The City of New | York, including the County of Kings and '.he County of Richmond, or which xua / 10 ^ ' Eagle Library— THE CHARTER OF THE CITY OF NEW YORK hereafter arise or accrue against such municipal and public corporations, or parts thereof, including the said counties of Kings and of Richmond, 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 game extent, and no further, than the said several constituent corporations would have been bound if this act had not been passed. All bonds, stocks, contracts and obligations of the said municipal and pub- lic corporations, including the County of Kings and the County of Richmond, and Buch proportion of the debt of the County of Queens and of the town ol Hempstead es shall be ascertained as hereinafter prescribed, which now exist as legal obli- gations, 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. |,„w* relating: to the creation and I payment of debts to remain in force; common debt; taxation. Sec. 5. All laws, or parts of laws, here- tofore passed creating any debt or debts of the municipal and public corporations united and consolidated as aforesaid, or for the payment of such debts, or re- specting the same, as well as every such law respecting the debts of the corpora- tion known as the mayor, aldermen and commonalty of the city of New York, shall remain in full force and effect, except • hat the same shall be carried 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’revenues and securities provided by law for the payment of the debts of the municipal and public corporations afore- said, shall be in good faith enforced, maintained and carried out by the corpor- ation of the City of New York. All the valid debts of the municipal and public corporations mentioned in the first sec- tion 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 he the common debt of The City of New York, as hereby consti- tuted. So far as resort to taxation is au- thorized or necessary to pay such debts, such taxation shall extend equally throughout the territory of the corpora- tion herein constituted, excert 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 cor- porations which created such debt, in re- spect thereof, shall be preserved and en- forced, it being the intent hereof that the obligations and liability of The City of New York, as the successor of municipali- ties and public corporations consolidated into it, shall be the same as, and not otherwise 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 obliga- tions and liabilities in respect thereof, ex- cept as herein otherwise specially pro- vided. Effect where only n part of n cor- poration is annexed. Sec. 6. Where part only of the terri- tory of a municipal or public corporation is embraced by this act within the limits of The City of New York, as herein con- stituted, the respective rights, duties and liabilities of the said city and of the mu- nicipal or public corporations part of whose territory is so annexed to tile 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 consolidation herein provid- ed for, the board of aldermen may by or- dinance make provision for such case, or for its equitable determination, so far as concerns The City of New York. Same subject; creation of debt. Sec. 7. No municipal or public corpora- tion, part of whose territory is annexed to The City of New York, shall hereafter create any debt which shall hind property within The City of New York, nor shall sucli municipal or public corporation levy any tax or assessment upon property within The City of New York, as herein constituted. Transfer of property; counties not to become indebted. Sec. 8. In consideration of the fore- going 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, institutions, public parks, water works and property of every character and description, whether of a public or private nature, heretofore owned and controlled by nnv of the said municipal and public corporations or parts thereof, hereby con- solidated into The City of New York, in- cluding any and all such property owned by tile County of New York, the County ol Kings, and the County of Richmond, wher- ever situated, and by the county of Queens situated in that portion thereof, which is included within the limits of Tlie City of New York, as constituted by this act, and all the right, title and in- terest of the said municipal and public corporations and counties as aforesaid, or any of them, in and to suell property, are hereby vested in The City of New York and divested out of the said corporations and counties, and the power of said mu- nicipal and public corporations and of the said counties of New York. Kings, Queens and Richmond to become indebted, shall cease upon the consummation and taking effect of the consolidation herein provided for. Former fnnds: payable to The City of New Yorlc. Sec. 9. All funds and moneys which, on the first day of January, eighteen hundred and ninety-eight, shall be hold by or be payable to the receiver of taxes or the county treasurer of the County of Rich- mond, or to any officer of any of (he mu- nicipal 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 (hen held by or payable to any officer of said last-named corporation, shall be deemed to he held bv and be payable to the cor- poration of The City of New York, con- stituted by this act. solely as the funds and moneys of said corporation, 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 Hemp- stead in the year eighteen hundred and ninety-seven shall be collectible and pay- able according to the provisions of the existing laws. Expenses of (be city for flip years 1S!)S and 1005; fixing: of salaries by board of estimate. Sec. 10. in the year eighteen hundred and ninety-seven it shall be the duty of the proper authorities of the various mu- nicipal and public corporations consolidat- ed 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 corpor- ations were not to be consolidated in 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 consti- tuted. and shall be collected by it through the appropriate officers of The City of New York, as hereby constituted, pursuant 'n all respects to the laws under which said taxes were levied and were to be col- lected. On and after January first, eigh- teen hundred and ninety-eight, the funds .received by the chamberlain of The City of New York, under this act, and the pro- ceeds of revenue bonds issued in anticipa- tion of the taxes for the year eighteen hundred and ninety-eight in The City of New York, as constituted prior to the pas- sage of this act, and the proceeds of the tax levy therein of the year eighteen hun- dred 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 determine,, and it shall be the duty of the board of estimate and apportionment to ap- portion 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 pow- er to direct the issue of revenue bonds of the City of New York, to be redeemed 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, pro- vided that the sums so raised in the year eighteen hundred and ninety-eight shall be subject to be raised by taxation upon the various boroughs oil the basis else- where provided in this act. Between Jan- uary first and May first in the year nine- teen hundred and two the board of esti- mate and apportionment shall have power from time to time to alter, modify and amend the budget for the year nineteen hundred and two; to change the titles, terms and conditions of appropriations contained therein; to add new appropria- tions and abolish any that may be found unnecessary; and also upon the recom- mendation of the mayor or any borough president or head of any department, bu- reau. office, board or commission of the City of New York or of any of the coun- ties embraced therein, to fix salaries in any of said effiees, departments, bureaus, boards or commissions; and in furtherance of these purposes or any of them shall have the power, if additional funds be re- quired, to direct the comptroller to issue special revenue bonds redeemable from the tax levy cf the year nineteen hundred and three. Between January first and May fifteenth in the year nineteen hundred and five the board cf estimate and appor- tionment shall have the power to alter, modify and amend the budget for the year nineteen hundred and five by eliminating therefrom the ap. ropriation contained in said budget under the litle “fund for street and park openings.”— As amended by Laws ox 1305, Chapter 373. CHAPTER II. LEGISLATIVE DEPARTMENT. Legislative power of city vested In board of aldermen. Sec. 17, The legislative power of Tha City of New York, except as otherwise herein provided, shall be vested in one house to be known and styled as “the board of aldermen of The City of New York.”— As amended by the Laws of 1903, Chapter 639. Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 11 rani oi’ aldermen; president; quorum; salaries; vacancies, how filled, sec. 18. The board of aldermen shall 'Usist of members elected one from each the aldermanic districts hereinafter ovided for and of the president of the >ard of aldermen and of the presidents the several boroughs. The president f the board of aldermen shall be chosen a a general ticket by the qualified voters f the city at the same time and for he same term as herein prescribed for he mayor. He shall be known as the 'resident of the board of aldermen, and '•hall, except as herein provided, pos- ess all the rights, privileges and powers, »nd perform the duties which on Decem- 'er thirty-first, eighteen hundred and nnety-seven, were conferred or imposed oy law upon the president of the board °i aldermen or the mayor, aldermen and commonalty of the city of New York. The aldermen shall be elected at the gen- eral election in the year nineteen hun- dred and oxij, and every two years there- after. The term of office of each mem- ber of the board of aldermen shall com- mence on the first day of January after his election, and shall continue for two years thereafter. The phrase, all the members of The board of aldermen, wher- ever used in this act, shall be taken and held to mean all the members of said board, including the president of the board of aldermen and the presidents of the several boroughs. The phrase, mem- bers elected to the board of aldermen, wherever used in this act, shall be taken and held to mean all the members of paid board, except the president of the board of aldermen and the presidents of the several boroughs. Any vacancy which may occur among the members elected to the board of aldermen shall be filled by election by a majority of all the members elected thereto, of a person who must be of the same political party os the member whose place has become vacant; and the person so elected to fill any such vacancy shall serve for the nn- , expired portion of the term. A majority I of all the members of the board of alder- | rnen shall constitute a quorum. The sal- ary of the president of the board shall be five thousand dollars a year, the sal- ary of the vice-chairman of the board shall be four thousand dollars a year, the salary of the chairman of the com- mittee on finance shall be four thou- sand dollars a year and the salaries of tile aldermen shall be tv/o thousand dol- lars a year. Sec. 2. Tha board of estimate ar.d ap- portionment of the city of New York shall provide for the payment of the ad- ditional salaries provided for in sec- tion eighteen of the Greater New York charter, as amended by this act, in the next annual tax budget for said city. If j there be no city funds available for the ! payment of such salaries prior to the time the same may be realized by taxa- tion, the city comptroller may issue and sell certificates of indebtedness of the city in an amount necessary therefor.— As amended by Laws of 1912, Chapter 131. Aldermanic districts; division of city into; boundaries of. Sec. 10. The city of New York Is hereby divided into sixty-seven aldermanic districts as follow’s : The first aldermanic district shall consist of that part of the county of New York lying within and bounded by a line beginning at the East river and Whitehall street; along Whitehall street to Broadway : on Broadway to Franklin street; along Franklin street to Baxter street; along Baxter street to Bayard street; along Bayard street to the Bowery ; along the Bowery to East Broadway ; along East Broadway to ('anal street; along Canal street to Chrystie street; along Chrystie street to Broome street; along Broome street to Forsyth street; along Forsyth street to Stanton street; along Stanton street to the Bowery ; along the Bowery to Prince street ; along Prince street to Mulberry street; along Mulberry street to Spring street; along Spring street to Varick street; along Varlck street to Charleton street; along Char- leton street to Macdougal street; along Mac- dougal street to West Houston street; along West Houston street to Bedford street : along Bedford street to Carmine street ; along Carmine i street to Clarkson street; along Clarkson street to the Hudson river, thence along the Hudson river around the southern eml of Manhattan Island to Whitehall street, to the point or place of beginning ; also including Bedloe’s, Governor’s and Ellis islands. The second aldermanic district shall consist of that part of the county of New York lying within and bounded by a line beginning at the East river and Whitehall street ; along White- hall street to Broadway; on Broadway to Frank- lin street ; along Franklin street to Baxter street; along Baxter street to Bayard street; along Bayard street to the Bowery: along the Bowery to East Broadway ; along East Broad- way to Clinton street; along Clinton street to Grand street: along Grand street to Gouverneur street ; along Gouverneur street to Madison street; along Madison street to Jackson street: a iong Jackson street to the East river, thence along the East river to the foot of Whitehall street, the point or place of beginning. The third aldermanic district shall consist of that part of the county of New York lying within and bounded by a line beginning at the Hudson river and Clarkson street ; along Clarkson street to Carmine street; along Carmine street to Bedford street ; along Bedford street to West Houston street ; along West Houston street to Macdougal street; along Macdougal street to Charleton street ; along Charleton street to Varick street ; along Varick street to Spring street; along Spring street to Mulberry street; along Mulberry street to Prince street; along Prince street to the Bowery ; along the Bowery to Stanton street ; along Stanton street to Chrystie street; thence along Chrystie street to Second avenue; along Second avenue to East Third street; along East Third. Great Jones and West Third streets to Sixth avenue; on Sixth avenue to West Washington place; along West Washington place to West Fourth street ; along West Fourth street to Christopher street ; along Christopher street to Bleecker street ; along Bleecker street to Eighth avenue; on Eighth avenue to West Twelfth street; West Twelfth street to Greenwich avenue: on Greenwich ave- nue to Eighth avenue; on Eighth avenue to West Nineteenth street ; along West Nineteenth street to the Hudson river, and thence along the Hud- son river to the foot of Clarkson street, the point or place of beginning. 'Fhe fourth aldermanic district shall consist of that part of the county of New York lying within and bounded by a line beginning at the East river and Jackson street, thence along Jackson street to Madison street ; along Madison street to Gouverneur street ; along Gouverneur street to Grand street; along Grand street to Clinton street ; along Clinton street to East Broadway ; on East Broadway to Canal street: along Canal street to Ludlow street: along Ludlow street to East Houston street; along East Houston street to Attorney street: along Attorney street to Stanton street, thence along Stanton street to the East river, and along the East river to the foot of Jackson street, the point or place of beginning. The fifth aldermanic district shall consist of that part of the county of New York lying with- in and bounded by a line beginning at West Nineteenth street and the Hudson river; along West Nineteenth street to Eighth avenue; on Eighth avenue to Greenwich avenue; oil Green- wich avenue to West Thirteenth street; along West Thirteenth street to Seventh avenue; on Seventh avenue to Thirty-eighth street; along West Thirty-eighth street to Eighth avenue; on Eighth avenue to West Thirty -seventh street; along West Thirty-seventh street to the Hudson river, and along the Hudson river to the foot of West Nineteenth street, the point or place of beginning. The sixtli aldermanic district shall consist of that part of the county of New York lying within and bounded by a line beginning at the East river and Stanton street, thence along Stanton street to Attorney street, along Attor- ney street to East Houston street ; along East Houston street to Avenue A, on Avenue A to East Ninth street; along East Ninth street to First avenue; on First ave- nue to East Twelfth street, along East Twelfth street to Avenue C, on Avenue C to Eleventh street ; along Eleventh street to Ave- nue D. on Avenue D to East Tenth street, along East Tenth street to the East river, and along the East river to the foot of Stanton street, the point or place of beginning. The seventh aldermanic district shall consist of that part of the county of New York lying within and bounded by a line beginning at the Hudson river » to East Eleventh street; along East Eleventh street to Avenue C; along Avenue C to East Twelfth street; along East Twelfth street to First avenue: on First avenue to East Thir- teenth street: along East Thirteenth street to Second avenue; on Second avenue to East Four- teenth street ; along East Fourteenth street to Irving place: on Irving place to East Eighteenth street: along East Eighteenth street to Third avenue; on Third avenue to East Twenty-third street; along East Twenty third street to Lex- ington avenue; on Lexington avenue to East Thirtieth street: along East Thirtieth street to Second avenue; on Second avenue to East Thir ty-first street : along East 'Thirty-first street to the East river; thence along the East river to the foot of East Tenth street, the point or place of beginning. The eleventh aldermanic district shall consist of that part of the county of New York lying within ami bounded by a line beginning at the Hudson river and West Seven ty-first street : along West Seventy-first street to West End avenue; on West End avenue to West Seven- tieth street; along West Seventieth street to Amsterdam avenue; on Amsterdam avenue to West Sixty-fourth street; along West Sixty- fourth street to Columbus avenue: on ColumbiN avenue to West Seventieth street: along West Seventieth street to Central nark west; on Cen- tral park west to West Eighty-third street: along West Eighty-third street to Columbus ave- nue; on Columbus avenue to West Ninety-third street: along West Ninety-third street to Cen- tral park west; on Central park wed to West Ninety-eighth street; along West Ninety-eighth street to Broadway; on Broadway to West Nine- ty-first street; along West Ninety-first street to the Hudson river, thence along the Hudson river to the toot of West Seventy-first street and tho Hudson river, the point or nlace of beginning. The twelfth aldermanic district shall consist of that part of the county of New York Ivin-** within and bounded by a line beginning at the East river and East Thirty-first street: thence along East Thirty-first street to Second avenue- along Second avenue to East Thirtieth street ; alon^ Ea^t Thirtieth street to Lexington avenue; on Lexington avenue to East Fifty-sixth street- along East Fifty-sixth street to Third avenue* on Third avenue to East Fifty-third street: along East Fifty-" bird street to First avenue; on First avenue to 1 t Fifty-fourth street; thence along East Fifty-fourth street to the East river, and along the East river to the foot of East 'Thirty- first street, the point or place of beginning, also Blackwell’s island. The thirteenth aldermanic district shall consist of that part of the county of New York lying within and bounded by a line beginning at* the Hudson river and West Ninety-first street; along West Ninety- first street to Broadway; on Broad- way to West Ninety-eighth street; along West Ninety-eighth street to Central park west; on Central park west to West One Hundred and Seventh street: along Wc«t One Hundred and Seventh street to Manhattan avenue; on Manhattan avenue to West One Tfun- dred and Eighth street; along West One Hundred and Eighth street to Columbia avenue ‘aid Mornings de avenue west to Wes l One Hundred and Thirteenth street ; along West One Hundred and Thirteenth street to Broad- way; along Broadway to Cathedral parkway or West One Hundred and Tenth street; along West One Hundred and Tenth street or Cathedral parkway to the Hudson river, thence along the Hudson river to the foot of West Ninety-first street, the point or place of beginning. The fourteenth aldermanic district shall con- sist of that part of the county of New York lying within and bounded by a line beginning at the East river and Fifty-fourth street; thence along East Fifty-fourth street to First avenue; on First avenue to East Fifty-third street; along East Fifty-third street to Third avenue ; on Third avenue to East Seventy-third street; along East Seventy-third street to Second avenue; on Second avenue to East Seventy-fourth street; along East Seventy-fourth street to First ave- nue ; on First avenue to East Seventy-third street; thence along East Sevontv-third street + ? the East, rlyer, n” i ” 1 g tb? Fast river to Eagle Library— THE CHARTER OF THE CITY OF NEW YORK I 12 tbe foot of East Fifty-fourtli street, the point or place of beginning;. The fifteenth aldermanic district shall con- sist of that part of the county of New York lying within and bounded by a line beginning at the Hudson river and West One Hundred and Tenth street or Cathedral parkway; along WYst One Hundred and Tenth street or Cathedral parkway to Broadway ; on Broadway to West One Hundred and Thirteenth street; along West One Hundred and Thirteenth street to Manhattan avenue; on Manhattan avenue and Saint Nicholas avenue to West One Hundred and Thirty-fifth street; along West One Hundred and Thirty- fifth street to Amsterdam avenue; on Amster- dam avenue to West One Hundred and Thirty sixth street ; along West One Hundred and Thirty- sixth street to Broadway ; on Broadway to West One Hundred and Forty-first street; along West One Hundred and Forty-first street to the Hud- son river; thence along the Hudson river to the foot of 'Vest One Hundred and Tenth street or cathedral parkway, the point or place of beginning. The sixteenth aldermanic district shall consist of that part of tin* county of New York lying within and bounded by a line beginning at the Fast river and Seventy-third street; thence along East Seventy-third street to First avenue: on First avenue to Seventy-fourth street : along East | Seventy fourth street to Second avenue: on Sec- ond avenue to East Seventy third street; along East Seventy-third street to Third avenue; on i T hird avenue to East Seventy-fourth street : along East Seventy-fourth street to Lexington avenue; on Lexington avenue to East Eighty- fourth street; along East Eighty-fourth street to Second avenue; on Second avenue to East Eighty-third street, along East Eighty-third | street to the East river, and along the East i river to the foot of East Seventy* third street, j the point or place of beginning. The seventeenth aldermanic district shall eon- j sist of that part of the county of New York I lying within and bounded by a line beginning at the Hudson river and West One Hundred and Forty-first street; along West One Hundred ami Forty-first street to Broadway ; on Broadway to West One Hundred and Thirty-sixth street: along West One Hundred and Thirty-sixth street i<> Amsterdam avenue; on Amsterdam avenue to West One Hundred and Thirty-fifth street; along West One Hundred and T hirty fifth street to Saint Nicholas avenue; on Saint Nicholas avenue to West One Hundred and Forty-first street; along West One Hundred and Forty-first street t<> Edgeoomb *avnne ; on Edgecomb avenue and •Bradhurst avenue to West One Hundred and Fifty-fifth street; along West One Hundred and Fifty-fifth street to the Speedway : on the Speedway to West One Hundred and Sixty-third i street; along West One Hundred and Sixty-third I street to Amsterdam avenue; on Amsterdam avenue to West One Hundred and Sixty -second street; along West One Hundred and Sixty- second street to Fort Washington avenue; along Fort Washington avenue to West One Hundred and Sixty-first street; along West One Hundred and Sixty-first street to tbe Hudson river: thence | along the Hudson river to the foot of West One Hundred and Forty-first street, the point or place of beginning. The eighteen ih aldermanic district shall con- sist of that part of the county of New York lying within and bounded by a line beginning at t lie East river and Eighty-third street; thence along East Eighty-third street to Second avenue; on Second avenue to East Eighty-fourth street ; along East Eighty-fourth street to Lexington avenue; on Lexington avenue to East Ninety- sixth street; along East Ninety-sixth street to Third avenue; on Third avenue to East Ninety- fifth street; a!on« East Ninety-fifth street to Second avenue; on Second avenue to East Nine- ty-sixth street; along East Ninety-sixth street to the East river, to the point or place of be- ginning. The nineteenth aldermanic district shall con- sist of that part of the county of New York lying within and bounded by a line beginning at the Hudson river and West One Hundred and Sixty-first street; thence along West One Hun- dred and Sixty-first street to Fort Washington avenue; on Fort Washington avenue to One Hundred and Sixty-second street : along West One Hundred and Sixty-second street to Amster- dam avenue; on Amsterdam avenue to West One Hundred and Sixty-third street ; along West One Hundred and Sixty-third street to the Speedway; on the Speedway to the Harlem river; thence along the Harlem liver and Spuvten Huyvil creek, around the northern end of Man- hattan island and along the Hudson ’Tver to the foot of West One Hundred and Sixty-first | street, the point or place of beginning. The twentieth aldermanic district shall con- sist of that part of the county <>f New York lying within and bounded by a line beginning at the East river am] East Ninety-sixth street : thence along East Ninety-sixth street to Second avenue; on . Second avenue to East Ninety-fifth street; along East Ninety-fifth street to Third avenue; on Third avenue to East Ninety-sixth street; along East Ninety-sixth street to Lex- ington avenue; on Lexington avenue to East Ninety-seventh street; along East Ninety seventh street to Park avenue; on Park avenue to East One Hundred and Second street; on East Cue "H^uidred and Second street to Fifth avenue; on 'iTfth avenue to One Hundred and Tenth street: along East One Hundred ami Tenth street to Third avenue; on Third aveniie to East One Hundred and Sixth street: thence along East One Hundred and Sixth street to the East river, and along the East river to the foot of East Ninety -sixth street, the point or place of be- ginning. The twenty -first aldermanic district shall con- sist of that part of the county of New York lying within and bounded by a line beginning at the corner of Sixth avenue and West Third street: thence along West Third street and I Great .Tones street to Lafayette street; on Lafayette street to As‘.or place; on Astor place to Fourth avenue ; on Fourth avenue to East Fourteenth street : along East Fourteenth street to Irving place; on Irving place to East Eigh- teenth street; along East Eighteenth street to Third avenue; on Third avenue to East Twenty* ty-fifth street to Madison avenue ; on Madison avenue to East Oue Hundred and Twenty-seventh street ; along East and West One Hundred ami Twenty-seventh street to Lenox avenue; on Lenox avenue to West One Hundred and 'Twen- tieth street ; along West One Hundred and Twentieth street to Manhattan avenue to West One Hundred ami Thirteenth street; along West One Hundred and Thirteenth street to Mornln- side avenue west; on Morningside avenue west and Columbus avenue to West One Hundred and Eighth street; along West One Hundred and Eighth street to Manhattan avenue; on Man- hattan avenue 1o West One Hundred and Seventh street; along West One Hundred aud Seventh I third street; along East Twenty-third street to street to Central park west, aud on Central Lexington avenue; on Lexington avenue to East park west 10 West Ninety -seventh street, the Fifty-fifth street; along East Fifty-fifth street [point or place of beginning. to Park avenue; on Park avenue to East Fifty- i The twenty -sixth aldermanic district shall con* the county of New York ig bounded by a line be- Iiarlem river and East One fourth street; along East and West Fifty-fourth | sist of that part of street to Eighth avenue: on Eighth avenue to j lying within and bei West Thirty-eighth street: alon; „„ West Thirty- ginning at the . eighth street to Seventh avenue: on Seventh Hundred and 'Thirty-first street; thence along j avenue to West Thirteenth street; along West | East One Hundred and Thirty-first street t<> T hirteenth street to Greenwich avenue; on | Fifth avenue ; on Fifth avenue to One Hundred Greenwich avenue to West Twelfth street; along and Thirty-first street; along West One linn* j West Twelfth street to Eighth avenue; Eighth | dred ant* Thirty fifth street to Lenox avenue; avenue to Bleecker street; on Rleecker street I on L<'iiox avenue to West One Hundred and to Christopher street: along Christopher street \ thirty-sixth street; along West One Hundred to West Fourth street; along West Fourth street , Thirty-sixth street to Seventh avenue; on to West Washington place; along West Wash- Seventh avenue to West One Hundred ami ington place to sixth avenue, aud along Sixth | rorty first street; along West One Hundred aud avenue to West 'Third street, the point or place | F^fy- first street to Edgecomb avenue; on Ed of beginning. omb and Bradhurst avenues to Oue Hundred The twenty-second aldermanic district shall u ml T if ty-fifth street: along West One Hundred onsist of that part of the county of New York i !in(I Fifty-fifth street to the Speedway, and lying within and bounded by a line beginning ! nlong the Speedway to the Harlem river, and at the Harlem river and One Hundred and Sixth | thence along the Harlem river to the foot of street: thence along East One Hundred and Fast One Hundred and Thirty-first street, the Sixth street to Third avenue; on Third avenue [ point or place of beginning. to East One Hundred and Tenth street ; along Tbe twenty-seventh aldermanic district shall Last and West One Hundred and Tenth street j consist of that part of the county of New to Lenox avenue; on Lenox avenue to West One \ 0, 'h lying within and bounded by a line be- numbed and Eleventh street; along West One | sinning at the corner of One Hundred and Hundred and Eleventh street to Fifth avenue; on Fifth avenue to One Hundred and Nine- teenth street; along East One Hundred and Nine- Twentieth street and Manhattan avenue; along West Oue Hundred and Twentieth street to LVClllll - „ _ . ... , Lenox avenue: on Lenox avenue to West One Tenth street to Third avenue; on Third avenue Hundred and Twenty-seventh street: along West to East One Hundred and Seventeenth street: [One Hundred and Twenty-seventh street to Fifth along East One Hundred and Seventeenth street I avenue on Fifth avenue to West One Hundred t 0 Second avenue; on Second avenue to East | an d Thirty-fifth street; along West One Hun- One Hundred and Fifteenth street; along East died and Thirty-fifth street to Lenox avenue: One Hundred and Fifteenth street to First \ . Fenox avenue to West One Hundred and avenue; along First avenue to Easr One Hun- dred and Fourteenth street; along East O Thirty-sixth street; along West One Hundred lI1TVI . . | ond Thirty-sixth street to Seventh avenue : on Hundred and Fourteenth street to the Harlem Seventh avenue to West One Hundred and Forty- liver. and thence along the Harlem river to | fj rs { street ; along West One Hundred and Forty- the foot of East One Hundred and Sixth street the point or place of begiuuiu island. The twenty-third aldermanic district shall eon sist of that part of the county of New York , fi r st street to Saint Nicholas avenue: 11 k nee also Ward's along Saint Nicholas avenue and Manhattan ave- nue to West One Hundred and Twentieth street, the point or place of beginning. I lie twenty -eighth aldermanic district shall lying within and bounded by a line beginning a t \ r0 . n °* that portion of the county of Bren Eighth avenue ami West Fifty-fourth street: | 'vithin an, l bounded by n line beginning at th thence along West and East Fifty-fourth street to Park avenue: on Park avenue to Easpeet avenue, to Westchester avenue, to th * East , on * river, to Long Island sound, thence along tin* Long Island sound. Bronx kills and th * avenue to East One Hundred and Second street: Harbin river to the place, of beginning: and also the islands of Long Island sound adjacent tile, c- to within the county of Bronx. That portion of the county of Bronx lying * t i o : i along East One Hundred and Second street to Fifth avenue: on Fifth avenue to Ninety-seventh street through the transverse road across Central park to Central park west : on Centra! nark j ea t of the Bronx ri\°r ar.d designated in west to West Ninety-third street; along West l'»ir hundred and tve ‘y rive of this act Ninety-third street to ^ ’ ’ Columbus avenue to 'A along West Eighty-th: Columbus avenue; on 1 Chester, is hereby divided into two aldermanic districts as follows : That portion of said Hipster whioh is hounded Eighty-third street street to Central park west: thence along Central park west an I Eighth on the north by the New York city fines- on avenue to West Fifty -fourth street, the point the south by the o'd Boston Post road from the or place of beginning. Bronx river to 'oniham and Pelham avenu • The twenty-fourth aldermanic district shall | (Bronx and Pelham parkway) to Westchester consist of that part of the county of New York creek; on the west, by the Bronx river from lying within ami bounded by a line beginning the old Boston Post road to the New York citv at the Harlem river and East One Hundred and line; on the east, hv Westchester .reek Givan’s Fourteenth street; thence along East One Hun- dred and Fourteenth street to First avenue ; o i First avenue to East One Hundred and Fif- teenth street: along East One Hundred and F.f- ereek and Hutchinson’s river to th.* New Yoi \ city line, formerly known as parts of the former towns ol IOastchester and Westchester oi th » county ot Westchester, shall constitute th? teen th street to Second avenue: on Second avenue twenty-ninth aldermanic district, to East One Hundred and Seventeenth street ; Thar portion of said Chester which is boundel along East One Hundred and Seventeenth street *»n the north by the old Bo-do i road from the to Third avenue; on Third avenue to East One Bronx river to Fordliam and Pelham avenu 1 Hundred and Nineteenth street: along East One 'Bronx and Pelham parkway' to Westchester Hundred and Nineteenth street to Fifth avenue : ‘ reek, to Givan’s creek, to Hub hinson’s river on Fifth avenue to One Hundred and Twenty- f° the New York city Hi., to Lorn*- Island fifth street: along East One Hundred and Tweii- ! sound : on the south, by Long* Island ’sound : on ty-fifth street to Madison avenue: on Madison the west, by the Bronx rtvv. from the ’ oil avenue to East One Hundred and Twenty -s venrh Boston Post road to Long Llar-l sound; on th* street: along East One Hundred and Twenty - 1 » 'nst by Long Island sound, url tiding the island* seventh street to Fifth avenue; on Fifth avenue I "’Inch lie within the citv of New York be’ongiw' to One Hundred and Thirty-first street: along to the former town of PHhnn, end whi. h parts East One Hundred and 'Thirty-first street to the "ere formerly known as Pie towns of Wc*--'- I-Iarlem river, and thence along the Harlc river to the foot of East One Hundred and chest* r cheater. Fourteenth street, the point or place of be- manic district. tml Pelham of th * county of WeH- hall constitute the thirtieth aid. r- ginning: also including Barnhill's island and the Sunken Meadow. The twenty-fifth aldermanic district shall e< The thirty-first aldermanic district shall eon- sist ot that portion of the county of Bronx within and bounded by a line beginning at East Mott sist of that part of the county of New York One Hundred and Forty-ninth street and lying within and bounded by a line beginning 1 ’ at the corner of Central park west and Ninety- avenue. and running thence along Mott avenue to East One Hundred and Sixty- first street. venth street; running through the transverse Morris avenue, to East One Hundred and six tv load across Central park to Fifth avenue; Fifth avenue to One Hundred and Tenth street : oml street, to Park avenue, to East One Hundred and Sixty-fifth street, to Third avei along West One Hundred and Tenth street to j to Franklin avenue, to East One Hundred ami Lenox avenue: on Lenox avenue to West On* Sixty-sixth street to Boston road to Canldwell Hundred ami Eleventh street; along West One ; a v* nue, to East One Hundred and Sixty-third Hundred and Eleventh street to Fifth avenue: ; street, to Eagle avenue, to East One Hundred on Fifth avenue to One Hundred and Twenty- 1 and Twenty - fifth sheet ; along East One Hundred and Tweii- ♦So In original, , •So In original, Eagle Library — THE CHARTER OF THE CITY OF NEW YORK 13 *nt i.y * j [je i m i i \ -u m m i im i i nn and bounded by a line beginning at the E:i>t One Hundred and Forty-ninth street ; thence j Wallabout canal and running them e along Wa-h along East One Hundred and Forty-ninth street I jngton avenue, to Flushing avenue, to Hall tojhe place. °f beginning. I street, to Park aveum*. to Skiilnian street, to to Bedford avenue, to Lafay- to Kosciusko - . - --- „ - - — • • ,-i. «■ .. iw * nisbing avenue, irtenue ami East One Hundred and Sixty rifth to Harrison avenue, to Hooper street, to Broad street, anil running thence along ITiird avenue , way. to Kodney street, to South First street, to * tT *“* ’ "“ J ' ' ‘ “ ' to ’South Second street, to Ilave- ,, wegiiwiuig. i >treet. »" 1 aru aveum*. >Kmma The thirty -second aldermanic district sliall eon- w liloughby avenue, to Bedford avem Fist that portion of the county of Bronx : otte avenue, to Marey avenue, t Aitkin and bounded by a line beginning at Third >treer. to Nostrand avenue, to Fins avenue ami East One Hundred and Sixty rifth to Harrison avenue, to Hooper strec street, ar.d running thence along Third avenue ! way’ to Kodney street, to South First street, to l • • «•>•■■■■', <«' * ym .» «-» 1o East One Hundred and Seven, ty-fourrh street, j Marey avciiup, to ‘South Second street, to Have- ! b* Eifth avenue, and thence aloug Fiilii 1o Park avenue, to East One Hundred and ! njoyer street, to Broadway, to South Sixth j a V 11110 10 B'° place o„f beginning. Eighty- fourth street, to Hoffman street, to Pel- i street, to Barry street, to Broadwav. to ih,* T he forty-eighth aldermanic district shall con- ham avenue, to the Bronx river, to Westchester j East river, to Wallabout bay. to Wallabout slst ol> b° ,tion of tllp county of Kings witli- n venue, to Ea*t One Hundred and Fifty-eighth channel, to Wallabout canal, ‘to the place u - jin *‘d Hl bounded by a line beginning at the waters street, to Cauldwell avenue, to East One Hun- beginning. Newtown creek and Meeker avenue, and run- Grarnl avenue, to LefTerts place, to Saint James place, to Atlantic avenue, to Waverly avenue, to Willoughby avenue, to JTali street, and thence along Hall street to the place of beginning. The forty-seventh aldermanic district shall consist of that portion of the county of King* within and, bounded by a line beginning at the intersection of Prospect place and Fifth avenue, and running thence along Prospect place to Sixth avenue, to Lincoln place, to Seventh avenue, to President street, to Prospect park west, to Prospect park plaza, to Flatbush avenue, and thence along the easterly, southerly and westerly sides of Prospect park to Eleventh avenue. t<> Prospect avenue, to Fourth avenue, to Garfield piaCe, to. Fifth avenue, and thence aloug Filth and bounded by a line beginning at the intersec- tion of Lewis a \- ;.n“ and Lafayette* avenue ami g the nee along Lewis avenu to Me Don t'.rii rtiiu ci.M.fiuM M.fti, iu I’.Jitiie avenue, 10 : The fortieth aldermanic district shall consist East One Hundred and Sixty-third street, to j of that portion of the county of Kings wit hi:: Cauldwell c venue, to Boston road, to East On 1 — * 1 ’ ‘ 1 — " .*■ ‘ Hundred and Sixty-sixth street, to Franklin are- uue, to Third avenue, and thence along Third • lunu avenue to the place of beginning. /The thirty-third aldermanic district shall eon sist of that portion of the county of Bronx i t within ami bounded by a line begi lining at the Harlem river and East One Hundred ami Forty- ninth street to Mott avenue, to Grand boulevard and concourse, to East One Hundred and Seven- tieth street, to Teller avenue, to Morris avenue, to Belmont street, to Clay avenue, to East One Hundred and Seventy-third street, to Anthony avenue, to Grand boulevard and concourse, to East One Hundred and Eighty-fourth stiver, to Marion avenue, to East One Hundred and Eighty-seventh street, to Hoffman street to Pelham avenue, to Southern boulevard, to East Two Hundredth street, to Jerome avenue, to Fordham road, to the Ilarlem river, to the place of beginning. The thirty-fourth aldermanic district shall consist of that portion of the county of Bronx vj thin and bounded by a line beginning at Grand boulevard and concourse and East One Hundred and Sixty-iirst street, to Morris avenue, to Ea Richardson street, to Manhattan ave- nue. to Bayard street, to Humboldt street to Driggs a venue, to Union avenue, to Ten Eyck street, to Bush wick avenue, to Montrose _ nue. to Bush wick place, to Boerum street, to i .1 ' > M . Cl i . ■ I.I H 13 UU'Ulll 1 IU I LJU 11 ' ' c • *■'.-« a • * Oligh street, to Tompkins avenue, to Fulton t0 En^hwtc: k place, to Boerum street, to stivr t. to Pstcheu avenue, to Sumpter street, ' hife street to Cook street, to Bushwick n v- :■> II. -ward hr* ;.., K U. Marion street, to ltocka- 1 ll,slll,, S « venue, to Central avenue, to way avenue, to j:io»d\ street, to Franklin avenue, to India sou street, to Court streeet. to Huntington i aa(1 thence along India street to the street, to Smith street, to Ninth street, to 1 , f ' I> F , the East river, and thence to the Second avenue, to Eighth street, to Fourth are- I °L!w 1 , nuiI Jr - * - - * he fiftieth aldermanic district shall consist of that portion of the countv of Kings within 3nr »*i street, to l ark avenue, to East mi,J * to Prospect avenue to Eleventh aveum-. / V / V- a,u l rniamo o^tnet shall consist and Eighty-fourth street, to Iloff- to Terrace place, to Gravesend avenue, to Fort j of 1 p 1 0r f 10 1 ? of \\ w count Y of Kings within o East One Hundred and Eighty- Hamilton parkway, to Thirty-seventh str-*. t. to ! a . hounded by a line beginning at the East to Marion avenue, to East Oue Seventh avenue, to Forty-eighth street, to Fifth V'!’ 1, an ' looia street and running thence along Eighty-fourth street, .to Grand avenue, to Thirty-seventh street, to Fourth arc -i * ,lflia st I ro Jf to Franklin street, to Noble street, concourse, to Anthony avenue, to 111,0 to Thirty-ninth street, and thence along 1 1° ila, Jhattan avenue, to Norman avenue, to ndred and Seventy-third street, to 1 Thirty-ninth street to the waters of Gowanus nrm * v iay avenue, to Belmont street, to Morris ave- | hav. and thence to the place of beginning nue, to Toller avenue, to East One Hundred . The forty-third aldermanic district shall con and Seventieth street, to Grand boulevard and ■ ? !St that portion of the countv of Kings with concourse, to the place of bpsdnnfno. in and bounded by a line beginning at the inter section of Nelson street and Clinton street, am running thence along Clinton street to Third • f - • — * — -«. Place, to Court street, to Bergen street to I of , nt v ?}'l n of the county 0 f Kings within Fourth avenue, to Wyckoff street, to Saint bounded by a line beginning at Bay Eighth Marks place, to Fifth avenue, to Garfield place. F ;^!' seD ' 1 ! ' a - v f aad running thence to Fourth avenue, to Eighth street to Second • ?, on ®« Bay le *J lth . stl Ge t lo ^ropscy avenue, to a rpnnp tr, v;„h, I . u u u Bay Seventh street, to Borwon r-V : .mm him n avenue to Leonard street, to Driggs avenue, to Humboldt street, to Bayard street, to Manhattan aveum*. to Richardson street, to Kingsland avenue to Meeker avenue, to the Newtown creek, ’and thence along the waters of Newtown creek and the East river to the nlaee of beginning. The fifty-first aldermanic district shall* consist of that portion of the county of Kings within 1 , l*-f .1 111 1 coucoursp. to tlio plaro of beginning. TLe tLirty-fifth aldermanic distrTct shall con- sist of that portion of the coon tv of Bron.t "‘ithiu and houiidod by a line beginning at the Harlem river and Fordham road, to Jerome avenue, to Fast '1 Ivo Hundredth street, to the j I,J arK s place, to Fifth avenue, to Garfield place. Southern boulevard, to Pelham avenue, to the ; t0 Fourth avenue, to Eighth street, to Second 1 IV — •• to s,i U |ise.\ avenue, to Jlronx river, to the New \nrk city line, to tire ? vpnue. to Ninth street, to Smith street tol* T ., <>nt ’ stre6t - ,0 Henson avenue, to Fnur- Hudson river, to Spuyten Duyvil creek, to the 1 Hmi tingrton street, to Court street to Nelson 1 , , avon,,e ' t0 Seventy-ninth street, to Tliir- Harlem nycr. to the iilace of beginning. j thence to tile place of beginning. i he tlnrt.v-stxth aldermanic district sliall eon- . 1 1,e forty-fourth aldermanic district shall con- r;a. o. that portion of the county of Kings with- ? Ist ot Hiat portion of the county of Kings with- in and hounded by a line beginning at tile East L ,n an,i bounded by a line beghre.'og a t Gowanus liver and I ultou street, running thence along i ba - y a n '! Thirty-ninth street ana .nniug thence 1- niton street to Columbia Heights, to Middagh ! aI .°. u = I hu-ty-mnth street to Fourth „ venue, to vVif'l*.' t0 . Fu ' t0 . n to Concord street, to j 1 hirty-seventli street, to Fifth avenue, to Fortv- l.ibcrty street to Fulton street, to Myrtle ave- I o'-bth street, to Seventh avenue, to ThirtV- inie, to Pearl street, to Willoughby street, to I seventh street, to Tenth avenue, to Thirty-ninth Lawrence street, to Johnson street, to Bridge ^ to Twelfth avenue, to Fortieth street to Street, to Jillary street, to Duffieid street, to .{. h,r ) t ^ n *h avenue, to Fifty-eighth street’ to Navy street, to Myrtle avenue, to Itaymond ' "' ( ' lf ih avenue to Sixtieth street, to Thirteenth Holivar street, to Saint Edwards street. a ' Fllue 1o Seventy-ninth street, to Fourteenth >o saint Edwards street. a " ,,ue lo sevent.v-nmth street, to Fourteenth i. , ’ . ■'vmnectat t«. Willoughby street, to Itaymond street, to avenue, to Benson avenue to Bav Seventh street J latbu h avenue, to Avenue It. t < . r Lafayette street, to Navy street, to Rockwell vr i.rtld.lP(ll* s ( roe l 10 Navy street, to DeKalb avonuo. to Wa•:»*« '•• ver * and thence to the place of be- ! .The forty-sixth aldermanic district shsii wn 1° v-",', i .mV' 1 "!" ? ve " ,,c * to Prospect avenue! ginning. sist or that porHon of tile cottntvnf Kings w'?h : '••ndcilult street, to Coney Island avenue. The 1hirtv-cigh*li ahlermonir district shall in <">'1 bound-l by a lit,',- j n „ ‘i„ ■ 1 , the southerly and easterly ’lu» thirtv rigid h aldormnnic district shall consist of that portion of the cor. n tv of King< within and bounded bv a Jim* beginning ar ip.. East llivcr and Atlantic av^mm and** ntnniu*' i lienee to Furman xtreet. to Star** str.cr. to 1 link's 5?ti’f*ct. to Congress stroof, to Ilonrv stropt t<» Warren streot. to Warron plarp. to f> ;i j t j nt fhp in an 1 in and bounded by n line )>«*gi n ')in t»*r-pction of IlaM stiver ;nvl f*:"k win'uwl'bv'". I’ 1 ”' 1 ' av " 1 ;:'" Sitl'lman - diction; shall keep a journal of its pro- ceedings; shall sit with open doors; shall have authority to compel the attendance of absent members and to punish its mem- bers for disorderly behavior, and to expel any member with the concurrence if two- thirds of all the members elected to the board of aldermen. Every member so ex- pelled shall thereby forfeit all his rights and powers, subject, however, to judicial review on certiorari. City elcrl»; appointment; term; duties; papers certified by liim; lioiv far admissible in evidence! fees for certification. Sec. 2S. The board of aldermen shall, whenever a vacancy occurs in the office o! the city clerk, appoint a clerk, who shall perform such duties as may be prescribed for him. The clerk so appointed shall also he the city clerk and the clerk of the board of aldermen, and shall hold his office for six years, and until his successor shall be appointed and has qualified, un- less removed for cause. The city clerk shall have charee of ail the papers and documents of the city, except such as are by law committed to the keeping of the several departments or of other officers, and except as provided in section one hundred and thirty-six of this act as amended. He shall keep the record or the proceedings of the board of aldermen. He shall also keep a separate record of all the ordinances of the board of aider- men in a hook to be provided for that pur- pose, with proper indices, which book shall ho deemed a public record of such ordinances, and each ordinance shall he attested by said clerk. He shall also keep a separate and public record which shall he known as the “street franchise book.” In such record he shall forthwith tran- scribe verbatim from copies duly certified by or under the authority of the board granting, making or adopting the same, every grant, franchise, contract, or reso- lution in the nature of a franchise af- fecting anv of the streets, avenues, high- ways. boulevards, concourses, driveways, bridges tunnels, narks, parkways, water- ways, docks, wharves, bulkheads, piers or public grounds or waters within or be- longing to the city which shall hereafter be granted, made or adopted by the hoard of estimate and apportionment or the board of rapid transit railroad commis- Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 15 sioners ot' the city, together with copies of all formalities of the execution or verifi- cation thereof, and shall forthwith, after so transcribing the same, mane anu trans- mit to the board which shall have made, granted or adopted such grant, franchise, contract or resolution a copy of such record, with a minute of the date, volume and page thereof, duly certified by him. Copies of all papers duly filed in' his office, and transcripts thereof, and of the records of proceedings of the board of aldermen, and copies of the laws and ordinances or said city, certified by him under the cor- porate seal, shall be permissible in evi- dence in all courts and places in the same manner and for the same purposes as papers or documents similarly authenti- cated by the clerk of a county. Said city clerk may be removed on charges by a two-thirds vote of all the members ot the board of aldermen, subject, however, to judicial review on certiorari. He shall collect the following fees: For a copy of any book, account, record, or other paper filed in his office, five cents for each folio; for a certification of any book, account, record or other paper filed in his office, twenty-five cents, and five cents in addi- tion for each folio in excess of five; for each bond filed in his office, twelve cents; for filing all other papers, required by law to be filed in his office, six cents; for a certificate of appointment of a commis- sioner of deeds, twenty-five cents. — As amended by Laws 1905, Chapter 629. possessed of all rights and powers, and be charged with all thu duties by this section or by law or ordinance imposed upon said clerk. Id. 5 records anil papers delivered to and kept l»y the eity clerk; clerks in boroughs. Sec. 32. All the muniments, records, patents, deeds, minutes, writings and papers belonging to the mayor, aldermen and commonalty of the city of New York, which were in the custody of the clerk of the board of aldermen thereof on the thirty-first day of December, eighteen hundred and ninety-seven, shall be de- livered to and kept by the city clerk. The city clerk shall, except as otherwise ex- pressly provided in this act, be the cus- todian of ail like documents; records, patents, deeds, minutes, writings and other papers belonging to any of (be mu- nicipal 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, subject to the direc- tion and control of said city clerk or of the board of aldermen. Id.; salary and deputies. Sec. 33. The salary of the city clerk shall be seven thousand dollars a year, and he may appoint such deputies or clerks as are necessary to the discharge of his duties. City clerk; proceedings of board of aldermen. Sec. 29. Immediately after the adjourn- ment of each meeting of the board of aldermen, it shall he the duty of the city clerk to prepare a brief extract, omitting all technical and formal details, of all resolutions and ordinances intro- duced or passed, and of all recommenda- tions of committees, and of all final pro- ceedings, 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. Certain ordinances and resolutions, how passed and approved; ayes and noes published. Sec. 30. No ordinance or resolution pro- viding for or contemplating the aliena- tion or disposition of any property of the city, the granting of a franchise, termi- nating the lease of any property or fran- chise belonging to the city or mak- ing of any specific improvement, or the appropriation or expenditure of public moneys, or authorizing the incurring of any expense, or the taxing or assessing of property in the city, shall, unless by unanimous consent, be finally passed or adopted by the board of aldermen until at least five days after such abstract of its provisions shall have been published, as provided In section twenty-nine. No such ordinance or resolution shall be ap- proved 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 published 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 publication in the City Record, and to state the amepdments, if any, made thereto. In all cases the aves and noes upon the final passage of such reso- lution or ordinance shall be taken, re- corded and published. Record* open for inspection; other duties of clerk; sickness. Sec. 31. It sha'l be the duly of (ho city clerk to keep open for Inspection at all reasonable times, the records and minuies of the proceedings of ihe board of alder- men. He shall keep the seal of the city, and his signature shall be necessary to ail 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 deputy shall be vested with and . Licenses to Auctioneers. Sec. 34. The city clerk shall have authority to grant licenses to any person engaged in and carrying on the business and occupation of auctioneer, or desiring to be so engaged, on payment of the sum of one hundred dollars per annum, on such person filing a bond, an- proved by him. with two good sureties in the penal sum of two thousand dollars. The pres- ident of the board of aldermen or. upon his designation, the vice-chairman of the board of aldermen 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 testimony under oath relat- ing thereto; and If the charge shall, in his opinion, be sustained, he shall revoke the license granted to such auctioneer, and direct his bonds to be forfeited; or upon complaint of any person that any auctioneer or clerk, agent or assignee of such auctioneer, has been guilty of misconduct relating to the business transacted under such auctioneer's license, is authorized and directed to take testimony un- der oath relating thereto; and if the charge shall, in his opinion, be sustained, he may suspend for a term not to exceed six months, the license granted to such auctioneer. No person, persons, corporation or association shall hereafter carry on the business of auc- tioneer in the city of New York, without hav- ing first obtained from the city clerk a license authorizing such person, persons, corporation or association to carry on the business of auc- tioneer; and no person, persons, corporation or association whose license has been revoked for cause shall again be licensed to carry on the business of auctioneer. Any person or per- sons, corporation, partnership or association who shall offer for sale, or sell goods of any description, wares, merchandise, real or per- sonal property at vendue or auction without having first obtained from the city clerk a license authorizing such person or persons, corporation, partnership or association to carry on the business of auctioneer, or whose license is suspended, shall be guilty of a misdemeanor. But nothing In 'his section sha'l apply to a duly appointed marshal of the city of New York who. by virtue of his office by levy under legal process, sells goods, wares and merchan- dise or real or personal properly, thus levied upon by him under such process. — As amend- ed by Laws of 1914. chap. 47J. Hoard of aldermen; jonraal; ayes and noes. Sec. 35. The board of aldermen 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 re- corded on the final passage of any ordi- nance. Id.: no member eligible to any eily olliee. Sec. 36. No member of the board of al- dermen shall, while serving as a mem- ber of such board, be eligible or bo ap- pointed to any other office under the city, nor shall any member of said board of al- dermen, while such, be a contractor with or an employe of the city or cf the board of aldermen in any capacity whatever. — As amended by Laws of 1903, Chapter 304. Id.; meetings. Sec. 37. The stated and occasional meet- ings of the board of aldermen and its proceedings and business shall be regu- lated by its own resolutions and rules, pro- vided, however, that at least one stated meeting shall be held each month, except in Us discretion in August and Septem- ber. The mayor may at any time call a special meeting of the board of aldermen. He shall call such meeting when a requisi- tion for that purpose, signed by fifteen members has been presented to him. Three days befo - any special meeting of the board of aldermen is held, notice of the time of the iutended 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 ot such notice to be left at or sent by post to the usual place of abode or of business of each member of the board of aldermen; but want of service of a notice upon any member shall not affect the validity of a meeting. No business shall he transacted at a special meeting other than that speci- fied in the notice relating thereto. I<1.; style of ordinances. Sec. 3S. The style of ordinances shall be: “Be it ordained by the board of aider- men of The City of New York, as follows’’: Id.; vote required to pass ordi- nances and resolntions. Sec. 39. Every legislative act of the board of aldermen shall be by ordinance or resolution. No ordinance or resolution shall be passed except by a vote of a ma- jority of all the members of the board of aldermen. No money shall be expended for any celebration, procession, funeral ceremony, reception or entertainment of any kind or on any occasion, unless by the votes of four-fifths of all the mem- bers of the board of aldermen. No addi- tional 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 board of aldermen except by a unanimous vote; and in all cases the provisions of any such contract shall determine the amount of any claim thereunder or in connection therewith, against the said corporation, or the value of any such services. Slnyor's Veto. Sec. 40. Every ordinance or resolution shall, before it takes effect, be presented, duty certified, to the mayor for his ap- proval. The mayor shall return such ordinance or resolution to the board of aldermen, within ten days aftc?r receiving it, or at the next meeting of the board of aldermen after the expiration of said ten days, unless such ordinance or reso- lution be one of those mentioned in sec- tion thirty of this act, in which case the mayor shall return said ordinance or reso- lution within ten days after the abstract of its provisions or a reference thereto shall have been published in the City Rec- ord as provided in said section thirty, or at the next meeting of the board of aldermen 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. Tf he do not return it with such disapproval within the time above specified, it shall lake effect as if he had approved it. In case of disapproval, the objections of the mayor shall bo entered at large on the journal of the board of aldermen and the board of aldermen 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 of the board of aldermen, it 16 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK " shall take effect; provided that in case | the ordinance or resolution involves the ! expenditure of money, the creation of a debt, or the laying of an assessment, it shall require a vote of three-fourths of all the members of the board of aider- men to pass it over the mayor’s veto; t and jf it involves the grant of a fran- chise, the mayor’s veto shall be final. If the ordinance or resolution shall fail to receive upon the iirst vote upon such reconsideration such number of affirma- tive votes, 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 ap- prove shall become effective, and those he shall not approve shall be reconsid- ered by the board of aldermen, and shall only become effective if again passed, as above provided. Ordinances lo remain in force. Sec. 41. The ordinances which on De- cember thirty-first, eighteen hundred and ninety-seven, were 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 consolidated with The City of New York, except so far as the same have since been modified, amended, or repealed by the municipal assembly of The City of New York, and all ordinances which on January first, nineteen hundred and two, are in force in The City of New York, are, so far as the same are not in- consistent with this act, hereby continued in full force and effect within the former limits of said respective cities and mu- nicipal and public corporations, or parts thereof, subject to modification, amend- ment or repeal by the board of aldermen of The City of New York. Such ordi- nances may be enforced by and in the name of “The City of New York.” But all such ordinances affecting or relating lo grants, franchises or contracts, or res- olutions in the nature of a franchise here- tofore made, granted or adopted, or to be hereafter made, granted or adopted, or rights now or hereafter existing, involv- ing the occupation or use of any street, avenue, highway, boulevard, concourse, driveway, bridge, tunnel, park, parkway, -waterway, dock, wharf, bulkhead, pier or public grounds or waters which are with- in or belong to the city, shall hereafter be subject to modification, amendment or repeal by the board of estimate and ap- portionment in like manner in which and within the same limits within w'hich they have heretofore been subject to modifi- cation, amendment or repeal by the said board of aldermen. Provided, however, that this section shall not apply to or Affect any franchise, grant, contract or right authorized by the board of rapid transit railroad commissioners of the city. — As amended by Laws 1905, Chapter 629. Board of aldermen; powers and duties of former boards. Sec. 42. Except as otherwise provided in this act, all the powers and duties which on December thirty-first, eighteen hundred and ninety-seven, were 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 pub- lic corporations or parts thereof, consoli- dated with The City of New York, as heretofore known and bounded, and all the powers and duties w'hich on January first, nineteen hundred and two, are conferred or charged upon the municipal assembly of The City of New York shall be exer- cised and performed by the hoard of alder- j *nen of The City of New York, as hereby constituted, subject, nevertheless, to the power of approval or disapproval by the mayor of said city, as provided in this act. I<1.; police, health, park, lire and 'building- regulations. Sec. 43. The board of aldermen shall have power to make, establish, alter, modify, amend and repeal all ordinances, rules, and police, health, park, fire and building regulations, not contrary to the laws of the state or the United States, as they may deem necessary to carry into ef- fect 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 they may deem necessary and proper for the good government, order and pro- tection 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 power is conferred by this act upon presidents of boroughs, the police, health, park and fire departments, respectively, to make rules for the government of the persons em- ployed in and by said departments. Noth- ing in this section contained shall be construed to impair the powers conferred by this act upon the department of edu- cation; and except so far as the legis- lative power respecting the health, police, park, fire and building departments shall be conferred upon said departments, re- spectively, 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 nublic improvements or any of the departments thereof, must originate with the department concerned, or with said board, and must be adopted or re- jected by the board of aldermen without amendment. But nothing in this section or this act contained shall be construed to impair the pow-er or control conferred by this act upon the board of estimate and apportionment with respect to the streets, avenues, highways, boulevards, coucourses, driveways, bridges, tunnels, parks, parkways, waterways, docks, bulk- heads, wharves, piers and ail public grounds and waters w'hich are within or belong to the city.— As amended by Laws 1905, Chapter 629. Enumeration of powers of Board of Aldermen not restrictive; general powers. Sec. 44. No enumeration af powers in this act shall be held to limit the legisla- tive power of the board of aldermen ex- cept as in this act specifically provided and the board of aldermen in addition to all enumerated powers may exercise all of the powers vested in The City of New York by this act, or otherwise, by proper ordinances, rules, regulations and bylaw's not inconsistent with the provisions of this act. or with the constitution or laws of the United Slates or of this state; and, subject to such limitations, may from time to time ordain and pass all such ordin- ances, rules, regulations and bylaws, ap- plicable throughout the whole of said city or applicable only to specified portions thereof, as to the said board of aldermen may seem meet for the good rule and gov- ernment of the city, and to carry cut 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. — As amended by Laws 1903, Chapter 629. Franchises for street railways. Sec. 45. Nothing in this act contained shall repeal or affect in any manner the provisions of the rapid transit acts ap- plicable to the corporation heretofore known as the mayor, aldermen and com- monalty of the City of New York, or any municipality united therewith or terri- tory embraced therein, or to repeal or affect the existing general law's of the state in respoct to street surface rail- roads, except that the rate of interest of all bonds issued for the construction and equipment of the rapid transit railway authorized pursuant to the provisions of chapter four of the laws of eighteen hun- dred and ninety-one, as amended, shall be fixed by the board of commissioners of the sinking fund. The consent or ap- proval of the board of aldermen to or for the issue of corporate stock of the City of New York, as provided by section one hundred and sixty-nine shall not be necessary to authorize the comptroller to issue such stock for the purposes pre- scribed in chapter four of the laws of eighteen hundred and mnely-one as amended. The board of estimate and ap- portionment and the comptroller of the city of Now York shall, anything herein contained to the contrary notwitstanding, be subject to all the duties and obliga- tions prescribed in said chapter four of the laws of eighteen hundred and ninety- one as amended for the board of esti- mate and apportionment and comptroller therein mentioned. Upon the execution of any contract made pursuant to chap- ter four of the laws of eighteen hundred and ninety-one as amended, the board of rapid transit railroad commissioners may. in its discretion, make request upon the board of estimate and apportionment for the authorization of such corporate stock, either for such amounts from time to time as they shall deem the progress of the work to require, or for the full amount sufficient to pay the entire esti- mated expense of executing such con- tract. In case they shall make requisi- tion for the entire amount, the comp- troller shall endorse on the contract his certificate that funds are available for the entire contract whenever such stock shall have been authorized to be issued by said board of estimate and apportion- ment; and in such case such stock may be issued from time to time thereafter in such amounts as may be necessary to meet the requirements of such contract. The certificate of the comptroller, men- tioned in section one hundred and forty- nine of this act, shall not be necessary to make such contract binding on the city of New York. — As amended by Laws 1907, Chapter 439. Power to acquire additional water- works. Sec. 46. The hoard of aldermen is au- thorized, in accordance with the provi- sions of this act, to construct, establish and maintain, or to acquire by purchase or condemnation and maintain in all parts of the city, additional w'ater works to supply the city or any part thereof and Us inhabitants with water, and to provide for the distribution and sale to the inhabit- ants of the city of such water, and fix the terms thereof, and acquire and hold prop- erty, real and personal, within and be- yond the limits of the city for said pur- poses. The board of aldermen may pass appropriate ordinances, not inconsistent with law', with this act or with any vested rights of existing companies or corpora- tions. to enforce the provisions of lilts section and to carry out its purposes. Powers of Board of Aldermen ; bonds for improvements; all powers sub- ject to control of Board of Estimate Sec. 47. The board of aldermen shall bare power to provide by ordinance tor the acquisi- tion, construction or establishment of markets; for the acquisition and construction of parks, parkways, playgrounds, boulevards and drive- wavs : for the building of bridges over, and of tunnels under any stream or waterway within or adjoining tile limits of the city: for the building of docks, wharves or piers, and for ac- quiring land by purchase or condemnation, for said purposes; for acquiring, constructing, im- proving, permanently bettering and equipping public buildings, including school bouses, libraries and sites therefor for the use of the city; for the repaving of streets: for building, i repairing and equipping boats and vessels or j other floating craft of any kind that may be ! needed for the use and purposes of the city; ! for tlie establishing, building and equipping of telegraph or other systems of communication for the use and purposes of t lie police department and other departments of the city government ; for the construction and equipment of public comfort stations; for the making and completing of maps of all the territory embraced witliiu I each of the boroughs of said city: for the mak- ing and completing of surveys, maps and profll-s i in condemnation proceedings; and for any of the foregoing purposes may create loans and authorize Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 17 flip issue of bonds or other cv'doiiros of in- debtedness, to pay for the same, payable at such times and in such manner, subject to the limita- tions contained in section one hundred and sixty- nine of this act, as it. may by ordinance pre- scribe.; and ut such rates of interest as the board of commissioners of the sinking fund may prescribe; but no bonds or other evidences of indebtedness shall be issued under the authority of tliis section, unless the proposition for creat- ing such shall first be approved by a majority vote of the whole board of estimate and appor- tionment, entered In the minutes of record of such board. In case any bonds or corporate stock shall have been heretofore issued under authority of this section, as to which the board of aldermen did not prescribe any rate of inter- est by ordinance, the rate that may have been ' otherwise fixed and specified shall be the legal and valid rate. Iu addition to the specific pur- poses hereinbefore set forth the board of alder- men may also create loans and authorize the issue of bonds for any other purpose connected with tlie exercise of tin* various powers con- ferred by this act upon the city of Now York or any department or official thereof: provided, however, that no bonds or other evidences of indebtedness shall be issued for such additional purposes unless first approved by a unanimous vote of the board of estimate and apportionment, entered upon t lie minutes of record of said board; provided, however, that ail the powers in this section or elsewhere in tills act granted to the board of aldermen shall bo subject to the control of the board of estimate and ap- portionment over ail the streets, avenues, high- ways. boulevards, concourses, driveways, bridges, tunnels, parks, parkways, waterways, docks] bulkheads, wharves, piers and all public grounds and waters which are within or belong to the city as provided in this act. subject, however, to the limitation contained iu section one hun- dred and sixty-nine of this act.— As amended by Laws of 1010. Chap. 015. Board of aldermen, to act within limited time on bond issnea, Sec. 48. After any proposition for creat- ing a debt by the issue of bonds for any of the purposes specified in section for- ty-seven of this act as amended, has been approved by a resolution or vote of the board of estimate and apportionment, it shall be the duty of the board of al- dermen upon receiving a copy of such jesolution or vote to appoint a day not less than one week nor more than two weeks after receipt thereof for the con- sideration of the subject matter The board of aldermen shall, on the day so fixed, proceed with the consideration thereof, and may continue and adjourn such consideration from time tc time un- til a final vote shall be taken thereon as hereinafter provided. Within six weeks after the copy of such resolution or vote of the board of estimate and apportion- ment shall have been first received by t.he board of aldermen, a final vote shall be taken thereon by ayes and noes. Pro- vided, however, that the said board of aldermen may by unanimous vote ap- prove any such proposition for the issue of bonds forthwith and without appoint- ing a day for the consideration thereof, and any such propositions so approved heretofore or hereafter shall be valid. If a majority of all the members of the board of aldermen shall vote against such proposition it shall be deemed to be rejected. If a majority of all the members of the board of aldermen shall not vote against such proposition within flic six weeks above limited, then it shall be deemed at tlie expiration of said pe- riod to have been passed by the requisite vote of the board of aldermen. The action of the board of aldermen in passing any such proposition whether by an affirma- tive vote, or by a failure of a majority of all the members of the board of alder- men to vote against ‘he same, shall be subject to the approval of the mayor and to the action of the board of alder- men in case of a veto, as provided in this net. — As amended by Laws 1906, Chapter 636. Id.; ordinances nnd regulations for certain purposes. Sec 49. The board of aldermen shall have power to make, amend and repeal ordinances, rules, regulations and by- laws not inconsistent with this act. or with the constitution and laws of the United Slates or of this state, for the fol- lowing purposes: I. In relation to the Inspection and sea'- Ing of weights and measures, and U 12 i keeping in use of proper weights aud measures by vendors. 2. In relation to the inspection, weighing and measuring of firewood, coal, hay and straw and the cartage of the same. 3. Jn relation to street vagrants, beg- gars and mendicants. 4. In relation to the use of guns, pistols, firearms, firecrackers, fireworks and de- tonating works of all descriptions. 5. In relation to intoxication, fighting and quarreling in the streets, the break- ing or extinguishing of street lamps, and the willful breaking or defacing of win- dows. porches, knockers or other fixtures. 6. In relation to places of public amuse- ment. 7. In relation to the construction, repair and use of vaults, cisterns, areas, hy- drants, sewers and pumps. S. In relation to partition fences and I walls. 9. In relation tc the construction, re- pair, care and use of markets. 10. 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. 11. To regulate the lees for searches and certificates to be charged by the collector of assessments and arrears. ' 12. To regulate swimming and bathing in the waters of and bounding the city, to establish and maintain such public baths and public comfort stations as they may deem necessary, and to establish suitable rules and regulations for the management of the same. 13. To prohibit and suppress all gaming- houses and places for gaming in the sa'J city. 14. To provide for the more effectual suppression of vice or immorality, and the preserving of peace and good order in said city. 13. To enlarge or extend from time to time the limits of the fire districts of the city, and to establish additional fire dis- tricts and from time to time to extend the same. 16. To regulate the use of every build- ing now used or hereafter to be used as j a hotel, in so far as the use thereof may involve the safety of the inmates in case of fire. 17. And the hoard of aldermen shall | also fix the annual license fee, not ex- I ceeding the sum of $20, for each street or horse car daily operated or used in that portion of the city heretofore 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 fee so es- tablished for the average number of cars I so operated and used by said company. | The said license fees shall be taken in 1 full satisfaction for the use of the streets or avenues, but the same shall not re- j lease said company from any obligations I required by law to keep such in repair which said obligations and the con llracts, laws or ordinances, creating and I enforcing the sume, are hereby continued I in full force and operation. But nothing i in this subdivision contained shall be I construed to release any railroad com- pany in The City of New Y'ork, as con- stituted by this act, from any duty or obligation existing at the time this act takes effect by virtue of any law, ordi- nance or contract. Ordinances in relation to the matters mentioned in this section may provide for the enforcement thereof in the man- ner specified in section forty-four of this act as amended. Id.; ( port ion me nt. Sec. 72. Every grant or or relating to a franchise of any character to any person cr corporation must, unless otherwise pro- vided in this act, be by ordinance of the board of aldermen or by resolution of 'lie board of estimate and apportionment or a contract executed by or under the au- thority of the said board of estimate and apportionment, provided that every sucn ordinance, resolution or contract shall be subject to the provisions of this act with respect to approval by the mayor. But this section shall not apply to any fran- chise, right or contract authorized by the board of rapid transit railroad commis- sioners of The City of New York. — As amended by Law's 1905, Chapter 629. Limitation* nnd conditions to grand of franchises. Sec. 73. After the approval of this act no franchise or right to use the streets, avenues, waters, rivers, parkways, or highways of the city shall be granted by any board or officer of The City of New York under the authority of this act to any person or corporation for a longer period than twenty-five years, except as herein provided, but such grant may, at the option of the city, provide for giving to the grantee the right on a fair re- valuation or revaluations to renewals not exceeding in the aggregate twenty-fivs years. Nothing in the foregoing pro- visions of this section contained shall apply to consents granted to tunnel rail- load corporations, nor shall anything in this section or in this title contained apply to grants made pursuant to the rapid transit act, chapter four of the laws of eighteen hundred and ninety-one or the acts amendatory thereof. The board of estimate and apportionment is hereby au- thorized, in its discretion, to grant a fran- chise or right to any railroad corporation to use any of said streets, avenues, waters, rivers, parkways or highways in the City of New York for the construction and operation of a tunnel railroad underneath the surface thereof for any period not exceeding fifty years, and any 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, provided, however, that any grant to construct a tunnel railroad or renewal thereof, shall only be made after agreement has been entered into by such a tunnel corporation to pay to The City of New York at least three per centum, of the net profits derived from the use of any tunnel which it shall construct, after there shall have first been retained by such company from such net profits a sum equal to five per centum upon the sum expended to construct such tunnel. At the termination of any franchise or right granted by the board of estimate and ap- portionment all the rights or property of the grantee in the streets, avenues, waters,^ rivers, parkways and highways shall cease without compensation. Every such grant of a franchise and every con- tract made by the city in pursuance thereof may provide that upon the ter- mination of the franchise or right granted by tiie board of estimate and apportion- ment the plant of the grantee with its ap- purtenances, shall thereupon be and become the property of the city without f urther or other compensation to the grantee; or such grant and contract may provide that upon such termination there shall be a fair valuation of the plant which shall be and become the property of the city on the termination of the contract on paying the grantee such valuation. If by virtue or contract the plant is to become the city's without money payment therefor, the city shall have the option either to take anil operate the said property on Its own ac- count. or to lease the same 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 or property, excluding luyr 20 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK value derived from the franchise; and K the city shall make payment for such plant it shall in that event have the option either to- operate the plant and property on its own account or to lease the said plant and property and the right to the use of streets and public places in connection therewith for limited periods, in the same or similar manner as it leases the ferries and docks. Every grant shall make adequate provision by way of for- feiture of the grant, or otherwise, to se- cure efficiency of public sendee at reason- able rates and the maintenance of the property in good condition throughout the full term of the grant. The grant or con* tract shall also specify the mode of de- termining the valuation and revaluations therein provided for. — As amended by Law’s 1905, Chapter 629. Proceedings prior to grant of fran* Sec. 74. Before any grant of a franchise or right to use any street, avenue, -waterway, parkway, park, bridge, dock, wharf, highway or public ground or water within or belonging to the, city shall be made by the board of es- timate and apportionment, a public hearing *hall be held upon the petition therefor, at which citizens shall be entitled to appear and be heard. No such hearing shall be held, however, until notice thereof, and the pe- tition in full shall have been published at least ten days in the City Record, and at least twice, at the expense of the petitioner, in two dally newspapers published in. the city, to be designated oy the mayor. The board of estimate and apportionment shall make in- quiry as to the money value of the franchise or right proposed, to be granted and the ade- quacy of the compensation proposed to be paid therefor, and shall embody the result of such inquiry -in a form of contract, with all the terms and conditions, including the provisions as to rates, fares and charges. Such pro- posed contract, together with the form of reso- lution or resolutions for the granting of the same shall, but not until after the hearing upon 'the petition, be entered on the minutes of the board of estimate and apportionment, and such board shall, not less than twenty- *even days after such entry and before au- thorizing such contract or adopting any such resolution, hold a public hearing thereon at which citizens shall be entitled to appear and be heard- Xo such hearing shall be held until after notice thereof, and the proposed contract and proposed resolution of consent thereto, .in full, shall have been published for at least fifteen days, except Sundays and legal lioli- ca\s, immediately prior thereto in the City Record, nor until a notice of such hearing, to- gether with the place where copies of the pro- posed contract and resolution of consent there- to may bo obtained by all those interested therein, shall have been published at least iwice at the expense of, the proposed grantee In the two daily newspapers in which the pe- tition and notice of hearing thereof shall have been published. Every contract or reso- lution containing or making such grant, shall require the concuirence of members of the board of estimate and apportionment, entitled. as provided by law, to three-fourths of the total number of votes, to^ which all the mem- bers of the said board shall be entitled, and the votes shall be shown by the ayes and noes, as recorded in the minutes of the board. The separate and adidtional approval of the mayor shall be necessary to the validity of every tuch contract or resolution. This ace shall apply to any renewal or ex- tension of the gram or leasing of the property to the same grantee, or- to others. Within five days after the final execution of any contract made pursuant to any such resolution or any such authorization, a copy of such contract, together with. such resolution, duly attested by the secretary of the board of estimate and apportionment, shall be transmitted to each of the following; The comptroller, the corpora- tion counsel, the city clerk and the public service commission for the district' having jur- isdiction. to be preserved by them in the ar- chives of their departments or offices. All such certified copies shall he deemed to be public records. —As amended by Laws of 1914, chap. 4G7. thereof. — As amended by Law3 1905, Chap- ter 629. City mar dispose of baildlnsa not required for public use. Sec. 76. Nothing in this title con- tained shall prevent the city from dis- posing of any building or parcel of laud 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 irrnnla under tliis title. Sec. 77. Section ninety-three of chap- ter five hundred and sixty-five of the laws of eighteen hundred and ninety aud any I acts amendatory thereof or supplemental ; thereto, shall have application to grants I made under and pursuant to this title. TITLE 2 . GRANTS OP LANDS UNDER WATER. Grants of lands and franchises to city in aid of commerce. Sec. 83. To the end that The City of New York, as herein constituted, may be ena- bled to make needful provisions for the navigation, 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 en- joy 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 oiher grants, there is here- I by 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 constituted, all and singular the property, estate, right, title and interest of the people of the stale of New York, in, to, of, and con- cerning such lands and soil covered by water, as are embraced within the pro- jected boundary lines of any street inter- secting the shore line, and which street is in public use or which may be hereafter 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 foe opinion of its board of aldermen or department of docks and fer- ries require the same for ferries, public wharves, docks, piers, bulkheads, basins, slips or other public structures, adjuncts ; and facilities for navigation end com- merce, including the right for such pur- I poses t.o reclaim such lands from said waters, and including also all riparian rights and, all rents, issues aud profits of the premises herein granted. The com- missioners of the land office shall front time to time, convey or patent the lands | herein granted to the city for said pur- poses as and whenever required by the board of decks. Bon rd of aldermen to pass further or- dinances. Sec. 75. The board of aldermen may, from time to time, with respect to any grant which that board shall, under the authority of this act, have .the exclusive power to make, pass appropriate ordi- nances, not inconsistent with the consti- tution and laws of the state, to carry the provisions of this title into effect, but shall not part with the right and duty et all times to exercise in (he interest of the public, full municipal superinten- dence, regulation and control in respect of all matters connected with such grant, sad not inconsistent with the terms Property and franchise* Inalienable. Sec. 84. The property, franchises aud 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 pre- vent the city from leasing the same for limited periods of time, in the same man- ner as it leases other like property. . Private rights protected. Sec. 85. This grant shall not impair or affect any existing valid private rights, or the existing riparian riehts of owners of private propert . .amui rights of private o .-. u?rs .. decks, piers aud ether structures in the said city or any part thereof. Patenting of lands under rrater by commissioners of the laud office. See. 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 pro- prietor. If the board of docks, with the approval of the commissioners of the sink- ing fund, shall project a plan or plans for the construction of docks between street intersections as aforesaid, and de- sire 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 ac- tion in the matter and shall make such grant, to the city for the purposes speci- fied 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 pro- prietor 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 pro- prietor. 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 Jhe City of New York, as herein constituted, such com- missioners shall give notice thereof to the board of docks of the city, which shall examine into such application and certify to the said commissioners whether in the opinion of the said board the grant- ing of the same will conflict with the rights of the city under this act or be otherwise injurious to the public interests of the said city. The said commissioners may in their discretion insert such term* and conditions in the grant as are rec- ommended by the board of docks and as will protect the public interests of ttie city in respect to navigation and com- merce. The validity of any such grant or patent may he judicially determined In an action brought by and in the name of the city. Power of board of aldermen. Sec. S7. The board of aldermen may from time to time pass appropriate ordinances to carry the provisions hereof into effect, not inconsistent with law or this act. Repealing provision. Sec. 88. All acts and parts of acts, so far as the same are inconsistent with thi* chapter, are hereby repealed. CHAPTER IV. THE EXECUTIVE. Mayor; executive liower in and elec- tion of; salary. Section 94. The executive power of The City of New York, as constituted by the act, shall be vested in the mayor, the presidents of the several boroughs and the officers of the several departments. The mayor shall be the chief executive officer of the city; he shall be elected at the general election in the year nineteen hun- dred and five, aud every four years there- after, and shall hold his office for the term of four years commencing on the first day of January after his election. The salary of the mayor shall be fifteen thousand dollars a year. — As amended by Laws 1905, Chapter 633. Mayor's power of removal. Sec. 95. The mayor may, whenever in his judgment the public interests shall so require, remove from office any public officer holding office by appointment from s mayor of The City of New York, except members of the board of education, and aqueduct commissioners, trustees of the Eagle Library— THE CHARTER OF THE CITY OF NEW YORK College of The City of New York, and trustees of Bellevue and allied hospitals, and. except also judicial officers for whose removal other provision is made by the constitution. No public officer shall hold his office for any specific term, except as In this act is otherwise expressly pro- vided. Administrative departments. Sec. 30. There shall be the following ad- ministrative departments in said city: Department of finance. Law department. Police department. Department of water supply, gas and elec- tricity. Department of street cleaning. Department of plant and structures. Department of parks. Department of public charities. Department of correction. Lire department. Department of docks and ferries. Department of taxes and assessments. Department of education Department of health. Tenement house department. •-As amended by haws of 1916, Chap. 52S. Department of finance; comptroller. Sec. 97. The head of the department of finance shall be called the comptroller of The City of New York. He shall be elect- ed at the general election in the year nineteen hundred and five, and every four years thereafter and shall hold his office for the term of four years, commencing on the first day of January, after his election. The comptroller may be removed from of- fice by the governor in the same manner ss sheriffs, except that the governor may direct the inquiry required by law, to be conducted by the attorney-general and a r '- ter charges have been received by the gov- ernor, he may, pending the investigation, suspend the comptroller for a period noc exceeding thirty days. In case of a vacan- cy in, the, office of comptroller, it shall be filled by The mayor, and the person ap- pointed to fill such vacancy shall hold of- fice until the first day of January succeed- ing the election at which a successor shall be elected. At the next general election *r which municipal officers shall be elect- ed, which shall take place more than thir- ty days after the occurrence of a vacancy In the office of comptroller, a successor shall De chosen who shall hold office for the remainder of the unexpired term — As amended by Laws 1903. Chapter 633. law department; corporation conn- >el. See 98. The head of the law department 6hall be called the corporation counsel. Police department; police commis- sioner. Sec. 99. The bead of the police depart- ment shall be called the police commis- sioner. Department of water supply, gas and elec- tricity, street cleaning and plant struc- tures. Sec. 100. 1. The head of the department of water supply, gas and electricity shall be called the commissioner of water sup- ply, gas and electricity 2 . The head of the department of steet cleaning shall be called the commissioner of street cleaning. The head of the department of plant end structures shall he called the commis- sioner of plant and structures. — As amended by Laws of 1910, Chap. 328. Department of parks; park hoard. Sec. 101. The head of the department of parks shall be called the park board. Said board shall consist of four members who shall be known as commissioners of parks. — As amended by Laws of 1911, chapter G 1 4 . See. 102. Repealed by Act of 1901. Department of politic cliaritiem; eoni- nilaKioncr of pnlille eliaritieM. Sec. 103. The head of the department of public charities shall be called the com- missioner of public charities. Department of correction; coniinls- ■ loner of. Sec. 104. The head of the department n ? correction shall b? called the commissioner of ccirfOtlon. 21 \ T'ire department; the fire coiumis- ■ ioner. Sec. 105. The head of the fire depart- ment shall be called the fire commissioner. Department of docks and ferries; board of docks. Sec. 106. The head of the department of docks and ferries shall be called the com- missioner of docks. Department of taxes and assess- ments; board of taxes and assess- ments. Sec. 107. The head of the department ot 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 i least shall be a person learned in the law, who shall be called commissioner of taxes and assessments. Department of edneation. Sec. 10S. The head of the department of education shall be called the board of education and shall consist of forty-six members as hereinafter provided. Department of liealtli; board of lienltb. Sec. 109. The head of the department of health shall be called the board of health. Said board shall consist of the commis- sioner of health, the police commissioner, and the health officer of the port. Tenement Bouse departmen I. Sec 110. The head of the tenement house department shall he called the ten- ement house commissioner. He shall be appointed by the mayor, and shall, unless sooner removed, hold his office for six years, and until his successor shall be ap- pointed and has qualified. Heads of depa rt meiil ■ and borough presidents; power to purchase sup- plies. Sec. 111. Each head of a departmeut and each president of a borough shall have cognizance and control of the purchase of fuel, furniture, utensils, books and other articles needed for the public offices with- I in his department or jurisdiction. Supplies shall be furnished to heads of bureaus and all subordinate officials only upon the receipt of a written requisition signed by the head of rhe office in which the same are required. I Schedules of salaries to lie presented when requested. Sec. 112. It shall be the duty of each borough president and the head of each department to present new schedules of salaries for his office or department to the board of estimate and apportionmen t, I whenever requested by said board so to do. CHAPTER V. TI1E MAYOR. Mayor: duties of. Sec. 115. It shall be the duty of the mayor: 1. To communicate to the board of al- dermen. at least once in each year, a gen- eral statement of the finances, govern- ment and improvements of the city. 2. To recommend to the board of aider- men all such measures as he 3hall deem expedient. 3. To keep himself Informed of the do- ings of the several departments. 4. To be 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 con- sultation and co-operation any or all of the heads of departments. 5. And generally to perform all such du- ties as may be prescribed for him by this act, the city ordinances and the laws of tie state. 111 .: a inugimiale. £ Sec. 116. The mayor is a magistrate. III.; may appoint clerks, etc. Sec. 117. The mayor may appoint such clerks and subordinates as he may requira to aid him in the discharge of his official duties, and shall render to the board ot aldermen 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 sub- ordinates respectively, and the general nature of their duties, which account and report shall he published in the City Rec- ord. The aggregate expenses incurred by him for such purposes shall not exceed, in anv one year, the sum appropriated therefor. The mayor may designate by aa instrument in writing a clerk or subor- dinate in. his office whose duty it shall ha to sign corporate stock or bonds ot The City of New York, wherever, under any provision of this act, or other statute the mayor is required to sign such corporate stock or bonds. The signature of the ‘-per- son so designated shall be in place of. and of the same force and effect, as the signa- ture of the mayor. Such designations shall be made in duplicate and shall be duly filed and remain, of record in the mayor's office and in the . department of finance, but the designation shall be for a period not exceeding three months and shall not extend beyond the mayor’s term of office, and shall be at all times revocable by the mayor. — As amended by Laws 1905, Chap- ter 537. Id.; to appoint liea«1» of il epa rt men < • Sec. US. The mayor shall appoint the heads of departments and all commission- ers, except as otherwise provided in this act. He shall also appoint all members of any board- cr commission authorized to superintend the erection or repair ot any building belonging to or to be paid for by the city, whether named in any law or, ap- pointed 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 seal- ers of weights and measures as may by ordinance be prescribed, and also the members of any other local board and ail other officers not elected by the people, .whose appointment is not excepted or otherwise provided for. Every head ot department and person in this section named shall, subject to the power of re- moval herein provided, hold his office for such term as is provided by this act. or otherwise, and in each case until a person Is duly appointed, and has qualified, in his place. Sec. llS-a. The mayor may appoint, and at pleasure remove, a director of the port, who shall, under the direction of the mayor, represent him in matters pertaining to the port, harbor and rratefronL— Added by I Laws of 1910. Chap. 502. I<1.: to appoint commissioner of ac- counts. Sec. 119. The mayor shall appoint and remove at pleasure a commissioner of accounts. Such commissioner shall appoint and remove at pleas- ure two persons who shall he deputy commis- sioners of accounts, one o:' whom shall he a certified public accountant, and who shall per- form such duties as the commissioner shall direct. When so designated by the eommissionei- ,-itlier of such deputies may preside at any in- vestigation authorized by this section. Such designation may l)e general in terms but shall not be for a longer period than three months, shall be in writing and filed in the office of the commissioner of accounts, and may be revoked at any time by the written order of the commis- sioner filed in such office. Either of such deputy I commissioners, in the event of sickness, absence from the city of the commissioner, or in case there be a vacancy in the office of the commis- sioner, may he designated by the mayor with place of such commissioner. Such designation may be general in terms but shall not lie for a longer period than three months, shall he in ; writing and filed in the office of the mayor and of the commissioner of accounts, and may be revoked at any time by the written order of the mayor filed in such offices. It shall he the fluty of 1 lie commissioner of accounts, once in I three months, to make an examination of the ! receipts and disbursements in the offices of Hu* comptroller and chamberlain, in connection with llmse of all the departments and officers making returns then In. and report to the mayor a de- tailed -iss.-in I statement of the tluanelsl 22 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK i condition of tlto city as sliown by such examina- tions. He shall also make such special examina- tions of the accounts and methods of the deoart- meuts and o dices of the city aud of tin* counties of Now York. Richmond. Queens, Kings and Bronx, as t lie mayor may from time to time direct, and such other examinations as the said commissioner may deem for the best Interests ol' the city, and report to the mayor and the board of aldermen the results thereof. For the purpose of ascertaining facts in connection with these examinations he shall have full power to compel the attendance of witnesses, to adminis- ter oaths and to examine such persons as lie may deem necessary. Such commissioner and deputies shall each be paid such salary as may he fixed by the hoard of estimate and apportionment and the board of aldermen pursuant to the provisions of section fifty-six of this act. Tile hoard of _eslimate and apportionment and the board of 'aldermen shall annually appropriate a sum suf- ficient to pay the salaries of said commissioner and deputies and in the discretion of said hoard and the board of aldermen a sum sufficient to enable the commissioner to employ the necessary assistance to carry out the provisions of this section.— As amended by Law's of 11)10, Chap. 617. lil.: proclamation an to lioltlinig court in case of pestilence, etc. Sec. 120. The mayor, or, in case of his absence, or other disability, the president of the boa d of aldermen, 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, ren- ders it necessary that some other place be selected. The proclamation must be pub- lished in two or more daily newspapers, published in the City of New York. Ill,; police power as to pawnlirok- ers. Sec. 121. The mayor shall possess the power conferred upon the chief, deputy chiefs, inspectors and captains of polico by section three hundred and seventeen of this act. III.; removal by governor. Sec. 122. The mayor may be removed from office by the governor in the same manner as sheriffs, except that the gov- ernor may direct the inquiry provided by law to be conducted by the attorney-gen- eral; and after the charges have been re- ceived by the governor, he may, pending the investigation, suspend the mayor for a period not exceeding thirty days. Municipal civil service; mayor to a ppoint commissioners. Sec. 123. The mayor shall appoint three or more suitable persons, not more than tw'o-thirds of whom shall be members of the same political party, who shall, in the manner defined by chapter three of the general laws, commonly known as the civil service law, and subject to and in pursuance of the provisions of that law . and of such amendments as may from ■time to time be made to it, prescribe, amend and enforce rules for the classifica- tion of the offices, places and employments in the public service of the city, and for the appointments and promotions therein *,nd examinations therefor, and for the registration and selection of laborers for employment therein. Such persons shall constitute the municipal civil service com- mission. and. within the amount appro- priated therefor, they shall have authority to appoint a secretary, examiners, and such other subordinates as may be nec- essary. Proper provision shall be made in the annual budget for all the expenses of the municipal civil service commission. Itegnlatlons of lunnli'lpnl c-lxll serv- ice. Sec. 124. All appointments, promotions and changes of status of persons in the public service of The City of New York shall be made in the manner prescribed by the constitution of the state and in ac- cordance with the provisions of chapter three of the general laws, commonly know'n as the civil service law, and such amendments as rrav be made thereto, and the provisions of this act. Authority anil ilnty of commission- ers of municipal civil service. Sec. 125. The municipal civil service commission shall have the power to make investigations concerning all matters touching the enforcement and effect of the provisions of the civil service law, in so far as it applies to The City of New York, and the rules and regulations prescribed thereunder or concerning the action of any examiner or subordinate of the com- mission, or of any person in the classified municipal service, in respect to the execu- tion of that act, and in the course of such investigations each commissioner and the secretary shall have the power to adminis- ter oaths. The municipal civil service commission shall have the further power lo suhpena aud require the attendance of witnesses, and ihe production thereby of books a_d papers pertinent to the in- 'estigations and inquiries hereby author- zed. and .o examine them, and such puo- iic records as it shall require in relation to any matter which it is required to in- westigate For this purpose the commis- sion ‘hall possess all the power conferred by the code of civil procedure upon a board or committee, and may invoke the power of any court of tvecord in the state to compel (he attendance and testifying of witnesses cr the production thereby at books ana papers as aforesaid. Wnmuilv for payment of v>'->i'v of person whose a — ol ntmen t line not lieen niuile miller civil service la vv , p ron • oi ten. Sec. 12G. Any officer of said city who^e duty it is to sign or countersign warrants, shall not draw, sign or iss. . or au I boriz,- the drawing, signing or issuing of any warrant on the chamberlain or other dis- bursing officer of the city for the payment of salary to any person in its service whose appointment or retention has net been in accordance with the civil service law ai d its amendments and of the valid rules in force thereunder. Yet era tig in municipal service. Sec. 127. All veterans either of the army or navy or the volunteer fire departments, now in ihe service of either of the mu- nicipal and public corporations hereby consolidated, who are now entitled by law to serve during good behavior, or who cannot under existing law be removed ex- cept for cause, shall be retained in like positions and under the same conditions by the corporation constituted by this act, to serve under such titles and in such way as the head of the appropriate department or the mayor may direct. CHAPTER VI. DEPARTMENT OF FINANCE. Title 1. The comptroller. Title 2. The bonds and obligations of the city. Title 3. The chamberlain Tit.e 4. The sinking fund. Title o. Appropriations end the bo id of estimate and appor ; 'tun era. Title ti. Levying taxer. TITLE I. THE •:OJ!I»TKOM < EH. General iluties: settlement nf « In ■him; assent tn certain eoiiin't’r • I ui veil; election; salary. Sec. 149. The deoartment of finance shall have control oi the fiscal concerns of the corporation. All accounts ren- dered to or kept In the other departments shall be subject to the Inspection and revision of the officers of this depart- ment. It shall prescribe the forms of keeping and rendering all city accounts, and. except as herein otherwise pro- vided, the manner in which all sa’arles shall be drawn, and the mode by which all creditors, officers and employees of the corporation shall be paid All pay- ments by or on behalf of the corpora- tion, except as otherwise specially pro- vided, shail be made through the proper disbursing officer of the department of finance, on vouchers to be tiled in said department, by means of warrants drawn on the chamberlain Dy the comptroller, and countersigned by the mayor. The comptroller may require any person pre- senting for settlement an account or claim for any cause whatever, against the corporation, to be sworn before him or before either of the deputy comp- trollers, touching such account or claim, and when so sworn, to answer orally a3 to any facts relative to the justness of such account or claim. Willful false swearing before the comptroller or dep- uty comptrollers is perjury and punish- able as such. He shall settle and adjust all claims in favor ot or against tne corporation, and all accounts in which the corporation is cor. erned as debtor )!• creditor; but in adjusting anc settling such claims, he shall, as far as practi- cable. be governed by tue rues of law and principles o' equi which prevail in courts of justice. No claim against the city or against any of the counties contained within ,ts territorial limits, or payable in the first instance from money, in the city treasury for services ren- dered or work done or materials or sup- plies furnished except (i) claims reduced to judgment., o* (2) awards, costs, charges and expenses duly taxed or or- dered paid in judicial proceedings, or (31 claims nr’smcr under the provisions of contracts made at public letting in the manner provided by section four hun- dred and nineteen of this act. or (4) claims settled and adjusted by the comp- troller. pursuant to the authority of this section, shall be paid unless an auditor cf accounts shall certify that the charge? therefor are just and reasonable; and, except as hereinbefore otherwise pro- vided, all contracts with the city or any I of such counties or with any public nffi- ! cer acting in its or their behalf, shall be subject to such audit and revision by the department of finance. The power hereby given to settle and adjust such claims shall not be construed to author- ize 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 ; h’s duties by such officer, extent when necessary to prevent fraud. If in any ■ ct'on at law against the el|v of New York to recover upon a claim not em- ! braced within the exceptions herein- above numerically specified, the amount claimed by '.he plaintiff is In excess of ; ihe prompt audited and settled by i the department of finance, the plaintiff must establish bis claim by competent I evidence of value, and no testimony shall b=> admitted to show a promise or agree- tnen' by any officer or employee of the ei'v nr of anv of the counties contained within its territorial limits, to pay any I larger sum than the ••'mount so audited or allowed by the department of fiqauce. T N ••emrih' 0 , 'er shall not rcdim . the rate ef in erest upon any taxes or assessments ; ei w ihe pmoun' flverl by law.' No con- tract hereafter made, the expense of ihe execution of which is not by law or ordi- nance. in whole or ip part, to he paid bv assessments upon the property bene- fited. shall be binding cr-of any force. \ unless the comptroller shall indorse 1 i hereon his certificate that there remains unexpended and unapplied, as herein provided, a halance of the appropriation nr fund app'ieahle thereto, sufficient to pay the estimated expense of executing srch contract, cs certified by the officer making the same, provided, however, that in contracts for the purchase of coal to I be delivered within a nerlod of one year from the date thereof, the comptroller shall endorse thereon his certificate that Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 23 ] its herein provided, a balance of the ap- propriation or fund applicable thereto, sufficient to pay the estimated expense of executing such contract in so far as the same is to be executed during the current year, as certified by the officer making the same and upon the first of the following year the comptroller shall certify as herein provided ac to the por- tion of such contract then unexecuted and such certification by the comptroller shall make any such contract for coal binding and of full force. But this pro- vision shall not appiy to work done, or supplies furnished, not involving the ex- penditure 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 mak ich indorsement upon every such contract so presented to him, It there remains unapplied and unex- pended such amount so sp- cified by the officer making the contract, and to there- after bold and retain such sum to pay the expense incurred unti' i,e said con- tract shall be fully perfo n.ed And such indorsement shall be sufficient evidence of such appropriation luuc in any ac- tion. The ro iptroller shall furnish to each head of department, monthly, a statement of tne unexpeu ed balances ot the appropriation for his department, t.ages and salaries, except r.s otherwise provided in this act, may be paid upon payrolls, upon ..ich each person named thereon shall -eptrately receipt for the amount paid to such p rcon, and the comptroller is hereby authorized and empowered, in his discretion to direct and require that wages and salaries shall not be paid except upon such receipt be- ing individually signed by such person. Every official, employee or person who shall sign the receipt upon such payroll as having received the amount therein mentioned in full payment for services rendered by him for the entire time specified in such payroll, shall be deemed to have made an accord and satisfaction of all claims against the city for wages or salary due to such person from The City of New York for the period cov- ered by such payroll, unless at the time of signing such payroll the person re- ceiving such wages or sa’ary shall write legibly thereon in connection with his receipt, that the amount received is re- ceived under protest, and unless such protest is so written upon such payroll no recovery shall be had against The City of New York upon any further claim for wages or salaries for the period of time covered by such payroll. In every case of payment upon a payroll the war- rant 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 en- ter into, upon behalf of The City of New York, any leas.e authorized by the com- missioners of the sinking fund of prop- erty leased to the city. The assent of the comptroller shall be necessary to all agreements hereafter entered into by any city officer, board, commission or de- partment for the acquisition by purchase of any real estate or easement therein, when such an agreement involves an ob- ligation 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 awa.d shall be confirmed, imposing an obligation upon the city to pay any moneys, the comptroller shall have thirty days’ no- tice in writing, stating before whom and at what time such proceeding will take place; but nothing hereinbefore con- tained shall affect the board of rapid transit railroad commissioners existing under chapter four of the laws of eight- een hundred and ninety-one as amended. The comptroller of The City of New York shall be elected and hold office as pro- vided in this act, and shall receive an annual salary of fifteen thousand dollars, and shall account to and pay into the city treasury all fees and emoluments to which he may be entitled under the general tax law of the state of New York and all other statutes, whether general or special. — As amended by Laws of 1912, Chapter 398. Statistical records to be compiled by city officials. 149-a. Every official or employee of the city or of the counties included within The City of New York, and every board or commission charged by law or by due au- thority with the custody of property of The City of New York or the counties thereof, or with the direction of work done, or services performed by or on be- half of The City of New York or the coun- ties therein, or the disbursement or re- ceipt of moneys from the city or counties therein, and every person, official, board, commission or corporation receiving or disbursing moneys from the city or coun- ties therein for public purposes shall at such times, under such conditions and in the manner directed to do so by the comptroller, furnish reports of facts re- lating to any or all of said property of The City of New York, or the counties therein, or of said work or said services, or of the receipt or disbursement of said moneys from the city or counties therein, and shall compile and maintain in tlieir respective offices such system of statisti- cal record as the comptroller may re- quire appertaining to all matters referred to in this section. — As added by Laws 1906, Chapter 190. Comptroller to appoint three deputy and one assistant deputy eonip- troller. Sec. 150. The comptroller shall ap- point and for cause to be stated in the city record at pleasure remove three deputy comptrollers and an assistant deputy comptroller. The said deputy comptrollers shall, in addition to their other powers, possess any or every power and perform any or every duty belonging to the office of comptroller, whenever the said comptroller shall, 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 authorize the said deputy comptrollers, or either of them, to possess such powers and per- form such duties, 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 comptrollers shall possess the like authority in case of the dis- ability of the comptroller upon the like designation of the mayor which shall be filed and remain of record as afore- said; hut such authority derived from a designation from the comptroller or the mayor may at any time be ter- minated in the same manner as it was created. The comptroller may desig- nate and authorize the assistant dep- uty comptroller, and, when he deems it necessary, any clerk, to sign in his own name and in the place of the comptroller, warrants drawn upon the city chamberlain. A warrant so signed by the assistant deputy comp- troller, or by such clerk, duly dcsis nated, shall he of the same force and effect as if signed by the comptroller. Such designation or designations of the assistant deputy comptroller and such clerk shall be in writing signed by the comptroller and in duplicate and shall be duly filed and remain of record in the department of finance and in the mayor’s office. The period for which each of said designations shall continue in force shall be speci- fied therein and shall not be longer than three months nor extend beyond the term of office of the comptroller and may be terminated by the comp- troller at any time by the filing in the department of finance and in the mayor’s office of a notice of such termination signed by the comptroller. — As amended by Laws of 1914, Chap- ter 8. Burennn of the department of fin- « nee. Sec. 151. ’"here shall be six bureaus in this departmen.: 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 belong- ing to or managed by the city, and the management of the markets, the stalls or | stands in which shall be rented on per- ! mits, to be issued by the comptroller, all of such permits heretofore or to be here- after issued to be revocable by the comp- troller for good and sufficient cause, and not otherwise, "which shall be known as the bureau for the collection of city reve- nue and of markets. The chief officer of such bureau shall be called the collector of city revenue and the superintendent of j markets, it shall be lawful for such bu- i reau, under the direction of the comp- troller, to collect rental for the temporary use and occupation of property acquired by the city for public purposes between the time of the acquisition thereof and the time when the same can be actually utilized for the purposes for which it was acquired, and of property which, having been originally acquired for public pur- poses, has ceased to be used for such pur- poses. 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 assess- ments, and of such taxes, assessments and water rents as are in arrears, the chief officer of which shall be called the col- lector of assessments and arrears. Ha shall receive a salary at the late of four thousand dollars per annum. 4. A bureau of audit, which, under , the supervision of the comptroller shall audit, revise and settle all ac- counts in which the city is concerned, as debtor or creditor, the chief offi- cer whereof shall be called chief au- ditor of accounts. The said bureau of audit shall keep an account of each claim for and against the corpora- tion, and of the sums allowed upon each, and certify the same to the comptroller, with the reasons for the allowance. The chief auditor of ac- counts may have such auditors of ac- counts, clerks and assistants, examin- ers, engineers, inspectors and em- ployees as the comptroller may deem necessary and proper, to be appointed by the comptroller. — As amended by Laws of 1916, Chap. 94. 5. A bureau for the reception and safe keeping of all moneys paid into the treas- ury of the city, and for the payment of money on warrants drawn by the comp- troller and countersigned by the mayor, the chief officer of which shall be called the chamberlain, 6. A bureau of municipal investigation and statistics, the chief officer of which shall be called the supervising statisti- cian and examiner, appointed by the comptroller and including as many ex- pert accountants, examiners of accounts and other employees as the comptroller may deem necesse^ry for the work thereof. Said bureau, under the direction of the comptroller, shall determine the scopo of and the form in which statistical in- formation shall be compiled and fur- nished under section one hundred and forty-nine-a of the charter, and shall com- pile and collate all such facts and sta- tistics and make report to the comptrol- ler concerning the same at least once annually and oftener, if required by the comptroller, which reports shall be pub- lished in tho City Record, Said bureau shall be tho custodian of and shall con- veniently locate for reference all records of the municipalities or corporations con- solidated under the provisions of thlg act, and of the municipalities or corpora- 24 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK tions consolidated with or annexed to any of the component parts of the Great- er New York previous to January first, eighteen hundred and ninety-eight, and of all boards or commissions in control of or directing work paid for out of moneys of the City of New York or of any of its component parts heretofore existing as municipalities or corporations, where such boards or commissions have been or may be abolished or terminated (except as provided by chapter five hundred and ninety-one of the laws of eighteen hun- dred and ninety-nine and chapter one hundred and seventy-one of the laws of nineteen hundred and four) provided that no book or record shall be removed from the custody of any other depart- ment, bureau or office of the city or of the counties therein, or from the office of any board or commission, while such book or record is of use to said de- partment, bureau, office, board or com- mission in the performance of official duty. All books, records and reports in the custody of said bureau, and all re- ports made by said bureau to the comp- troller (except reports upon investiga- tions of criminal acts, or reports upon investigations to aid in the defense of actions at law brought against the city, before such acts or actions have been re- viewed by the courts), shall be accessible to the public under proper regulations for the protection of the same fi^om loss or defacement, and certified copies there- of shall be furnished to applicants upon the payment of fees as now provided by law.— As amended by Laws 1906, Chanter 190. 7. A bureau of accountancy, the chief officer whereof shall be called chief ac- countant. The said bureau shall include a central accounting - division, and shall, un- der the direction of the comptroller, de- termine the form of the accounts In the department of finance, and shall also direct the accounting procedure therein in accord- ance with the requirements of the charter. S. A bureau of law and adjustment, the head of which shall be known as chief of the bureau of law and adjustment. The said bureau shall investigate and report to the comptroller for adjustment all awards made in any proceeding, and all disputed claims for or against the city of New York, and shall perform such other duties as may he assigned to it by the comptroller. It shall also investigate complaints alleging violation of the labor law and report thereon to tlie comptroller.— Added by Laws of 191G. Chap. 629. Appointment nne examined. Sec. 154. Whenever a receiver of taxes or any deputy receiver or a col- lector of assessments and arrears or any deputy collector shall cease to hold office, and within one year there- after, it shall be the duty of the comptroller to examine the accounts of such receiver or collector or dep- ' uty, 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 con- ditions of such bond and the lien or liens thereby created. And if at any time during his continuance in office any such receiver, collector, or deputy receiver, or deputy collector shall exe- cute and file with the comptroller a new bond in the same f; rm and pen- alty, and for the same period, and approved as provided in section one hundred and fifty-two, it shall be the duty of the comptroller forthwith to cause a certificate to that effect to be filed with the bond or bonds pre- viously filed by such officer, and such | certificate so filed shall be the full dis- J charge and satisfaction of the condi- tion of such prior bond or bonds and of the lien or liens thereby created. The comptroller may settle and adjust all claims in favor of or against the cor- poration, the surety or the principal in the said bond, arising out of the execution of the said bonds, and in his discretion may release from the lien created by such bonds any piece cr rar< i cf land affected tin*' -- by. — As amended by Laws of 1916, Chap. 19 1 . Receiver of faxes and pollo^'or of assessments and arrears; where to Keep offices. Sec. 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 ordinance of the board of aldermen designated for that j purpose. Each of them shall also have an i office in the borough of Brooklyn, in the ] borough of The Bronx, in the borough of Greens and in the borough cf Richmond. | at such places in said boroughs as sAall fce designated by the comptroller. Receiver of taxes and collector of assessments amt airoars may ap- point deputies. Sec. 156. The receiver of taxes and the j collector of assessments and arrears may each appoint the requisite number of dep 1 - uty tax receivers and of deputy collectors of assessments and arrears respectively, j 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 chamberlain, which bond shall run to the receiver or the collector, as the case may be. the City of New York and 10 whom it may concern, and shall be condi- tioned 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 re- ceivers 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 col- lection and receipt of taxes, and each dep- uty collector of assessments and arrears shall have all the powers and be subject to all the duties of the collector of as- sessments and arrears in respect to the collection of assessments and arrears. Where taxes, assessments ami ar- rears a re title ami |m>nlile. Sec. 157. Taxes, assessments and arrears due upon property within the borough of Manhattan shall be payable and receiv- able at the main offices of the receiver of taxes and of the collector of assessments and arrears, respectively, in said borough. Taxes, assessments and arrears due upon property situated in every other borough shall be payable at the offices of said re- ceiver of taxes or collector of assessments and arrears, respectively, in the borough in which said property is situated. Doiul of receiver and eolleetor lo lie liled. Sec. 158. The bonds given by the receiv- er of taxes and the collector of assess- ments and arrears as hereinbefore provid- ed shall be hied and remain in the office of the comptroller, and true copies there- of, certified by the comptroller, shall be filed in the office of the clerk of each of the counties embraced within The City of New York and shall be public records. In case a certificate of the adjustment of the accounts cf any receiver or collector be made, as hereinbefore provided, a true ccpv 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 lie filed. Sec. 159. There shall be kept in the of- fice cf the collector of assessments and arrears a full and complete record, in de- tail. of all lists of assessments confirmed, whether by the supreme court or the board of revision or the board of assessors, with the date of confirmation and the date cf entry under such record, which record shall be open to inspection during office hours, and the same shall be received as presumptive evidence of the facts therein contained. An assessment shall become a lien upon the real estate affected thereby ten days after its entry in the said record. If any such assessment list affects prop- erty 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 boro”gh in w hich is situated the property so effected. Comptroller to appoint clerks ami assistants. Sec. 160. The comptroller shall appoint as many clerks and assistants to the re- ceiver of taxes and the collector cf as- sessments and arrears as may be r •*"es- sary, and shall designate the boroughs in trch they shall respect'- e>y perform their duties. Publication of finnnelnl statement. Sec. 161. It shall be the duty of the comptroller to publish in the City Record within two months after the close of each calendar year, a full and detailed state- ment of the receipts and the expenditures of the corporation during the preceding year and the cash balance or surplus; and iri every such statement the different sources of cily revenue, and the amount received from each, ihe several appropria- Eagle Library— THE CHARTER OF THE CITY OF NEW YORK tlons made the objects for which the same were made, and the amount of moneys expended under each, the money bor- rowed 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 par- ticularly specified. Application of certain moneys. Sec. 162. It shall be lawful for the comptroller to apply the moneys ac- cruing 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 purchased for taxes and assessments,” such moneys to be used for purchases by the corporation at such sales. For the purpose of adjusting the reduc- tions heretofore or hereafter made in the amount of taxes receivable by reason of the operation of the provi- sions of the tax lav providing for the deduction from special franchise taxes of payments made in the nature of a lax it shall also be lawful for the comptroller to transfer at any time, and from time to time, from the moneys in the general fund of the city to the credit of the appropriate ac- count or accounts, a sum or sums equivalent to but not exceeding such deductions. [As amended by Laws of 1913, chap. 31.] Dedication of certain lands for mar- kets. (See Code of Ordinances Library.) Sec. 163. Any farmer or market gar- dener, desiring to use the market in the borough of Brooklyn known as the Wal- labout farmers’ market may present to the department of finance an affidavit, stating his name, residence, occupation and a general description of the com- modities which he desires to sell in such market, together with a request that a li- cense be issued to him to use the same. On the filing of such affidavit and the pay- ment of a nominal fee sufficient to defray the cost of issuing said license the depart- ment of finance, if satisfied that such applicant is a proper person, shall issue to him a license to use such market for a period not to exceed one year. Such licenses shall be numbered, and regis- tered in the department of finance, and the department of finance shall issue to such licensee a metallic tag or plate, with the number of such license thereon. Such tag or plate shall be oi convenient form and suitable design, approved by the department of finance. No person shall be permitted to use such market except he be a holder of one of said li- censes, and w'hlle using such market shall at all times cause to be conspicuously displayed the tag or plate containing the number of his license. The department of finance shall have sole charge and control of such 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 during which the said business shall be conducted, and the general man- agement of the same. — As amended oy Laws of 1912, Chapter 396. Comptroller’* power* In Wallaliout ma rket. (See Code of Ordinances Library.) Sec. 1G4. The department of finance of The City of New York shall have sole charge and control of the Wallabout Mar- ket lands in the borough of Brooklyn and of the wagons employed In tho business of selling farm and garden produce in and about said Wallabout Market, and shall have power to make suitable regulations concerning fees, the hours during which the sabl business shall be conducted and the general management of the same. The portion of the said market commonly known as farmers’ square shall be kept for the exclusive use of farmers and mar- ket gardeners. The comptroller shall have and be vested with all the powers exercised by tho commissioner of city works of the former City of Brooklyn, and shall have the sole power to lease any portion of the said market lands and re- new existing leases on such terms and at such rentals as may be agreed upon be- tween him and the lessees or holders, subject to the following provisions as to the rate of rent: In case the amount of rent for any renewal term of any lease be not agreed upon as aforesaid by the first day of January preceding the expira- tion of the previous term, the same shall, if either the comptroller or the lessee or holder shall so elect, be fixed as now pro- vided by law except that the rent may, in the discretion of the comptroller, be re- duced. The rents for such renewal terms, whether agreed upon as above provided, or fixed as now provided by law. shall not be less than an amount equal to two- /hirds of the rent of the preceding term, jor exceed an amount equal to the rent jf the preceding term and one-third there- of in addition thereto. The comptroller may at any time, with the consent of the lessee or holder, vary or modify any of the provisions of any lease of such lands. The comptroller may also adjust and settle any claims and controversies in regard to rents and other matters that appertain to any lease both those which have here- tofore arisen and any of which may here- after arise during either the original term or any renewal or extension thereof as in his opinion justice may require. Renewals of existing leases shall be made according to the provisions thereof, unless within thirty days after the passage of this amendment, written notice be given to the said comptroller by the lessee or holder of uis election that the said lease and renewals thereof be subject to the provisions of this section. The comptroller may in his discretion allow such notice to be given after the expiration of such thir- ty days, but nothing herein contained shall interfere with the jurisdiction of the de- partment of docks and ferries of The City of New York over the piers, bulkheads and water front in and around said Wallabout Market lands, nor with the jurisdiction of the president of the borough of Brooklyn over said Wallabout Market lands, so far as concerns his powers over highways. On and after the thirtieth day of April, nine- teen hundred and four, distilled and recti- fied spirits, wine and fermented and malt liquors, shall not be sold or offered for sale in 'Wallabout Market lands; and all leases of any portion of such lands, grant- ed under the provisions of this section, shall contain a provision restricting and prohibiting the sale or offering for sale of and such spirits, wine and fermented and malt liquors on any lands leased thereby, and on and after the passage of this act, the state commissioner of excise shall not is- sue or renew any certificate permitting or authorizing the sale of distilled or recti- fied spirits, wine i.nd fermented and malt liquors within the limits of said Wallabout Market lands or in any portion thereof. — As amenaed by Laws of 1903, Chapter 514. Finance riepnrlnienl ; records; copies when In evidence. Sec. 165. A copy of any paper, record, I book, document or map, filed in the finance department, or the minutes, rec- ords or proceedings, or any portion there- I of, of any board or commission of which the comptroller is or may bee- me a mem- ber, when certified by the comptroller, a I deputy comptroller or an assistant deputy comptroller, to be a correct copy of the j original, shall be admissible in evidence I in any trial, Investigation, hearing or proceeding in any court, or before anv commissioner, board or tribunal, with the same force and effect as the original. Whenever a subpoena Is served upon the i comptroller or any member of a board or I commission of which he Is a member, or | UDon any officer or employe of the finance ' deparlment, or upon any officer or em- ploye of said boards or commissions, re- auJripg the production uyen any trial or hearing of an original paper, document, book, map, record, minutes or proceed- ings, the c- mptroiler may. in his discre- tion, furnish a copy certified as heroin provided, unless the subpoena be accom- panied by an order of the court or other tribunal before which trial or hearing is had requiring the production of such original. Added by Laws 1905, Chapter 517. It is apparent that this section 165 belongs in Title 1 and is not the same as section 165, which follows it in Title 1-A. TITLE 1-A. \ ii tliorit y to recoin me ail retirement. Sec. 165. Any member of tile board of estimate ana apportionment is hereby authorized, whenever in lrs judgment it shall be to the interest of tfle public service, to recommend to said board the retirement from active service of any offi- cer, clerk or employee who shall have I teen in. the employ, ef The. City of New J York or of any of the mvnicipa lit ies, [ counties or parts thereof wnicn havv, j been incorporated into The City of New ; York for a period of twenty years if au I honorably discharged soldier, sailor or ] marine, who served as such in the union army or navy during the war of the re- bellion and otherwise for a period of thirty years and upward and who shall have become physically or mentally in- capacitated for the further performance of the duties of his position. The te' m of service, however, shall not be affected by any change in title, duty or salary or by any promotion or by any vacation or leave of absence or by any temporary disability by reason of sickness or acci- dent or by any transfer from one depart- ment or office to another department >r office during the period of service, or by any change of any nf the boards, hu- V reaus or departments in which service shall have been performed from an office paid by fees to a salaried office. But thi3 section shall not appiy to any person who is. or may be, entitled to share in the police pension fund, or in the fire de- partment relief fund, or in the public school teachers’ retirement fund, or iu the health department pension fund, o’- in the retirement fund of the college of The City of New York. — As amended by j Laws of 1912, Chapter 479. Authority of board of estimate to re- tire employees. Sec. 166. The board of estimate and apportionment is hereby authorized and empowered to retire from active service any person recommended for retirement as provided by section 165 of this act. Reasonable notice of its proposed action shall be given by said board to any person intended to j be retired and an opportunity of making j an explanation shall be given to such I person. The board shall state its reasons ! for retiring any such person and that the j interests of the public service require ! such retirement.— -As amended by Laws ; 1911, Chapter 669. Annuities to retired employees. Sec. 167. Any person retired from ac- tive service pursuant to section 165 and 166 of this act shall be award- ed and granted by the board of estimate and apportionment a.i annual sum or an- nuity to be fixed by said board not ex- ceeding, however, one-half of the amount which his annual salary or compensa- tion averages for the period of three i years immediately prior to the time of \ his retirement. The comptroller shall pay the annuities granted in monthly in- stallments out of the receipts of ex- I cise moneys or liquor taxes belonging to The City of New York as constituted by this act.. Such payments to continue I during the lifetime of the person or per- sons so retired. - As amended by Law* ! 19)1, '"’t’npf-?!- C0, a 2 G Eagle Library-THE CHARTER OF THE CITY OF NEW YORK Id.; when annnitioN forfelt«>«l. Sec. 168. Any peTson who, subsequent to his retirement under the provisions of sections one hundred and sixty-five, one hundred and sixty-six and one hundred and sixty-seven of this act, shall accept any office, position or employment to which any salary or emolument is at- tached in the civil service in the State of New York, or of any county, or any mu- nicipal corporation therein, except the of- fice of inspector or clerk of the election and registry or other temporary office provided for in the election and registry laws of this state, and except the office of notary public and commissioner of deeds shall, during such service or employment and while receiving any salary or emolument therefor relinquish and forfeit the annu- ity allotted to him upon his retirement. Added by Laws 1905, Chapter 583; this and Chapter 517 were passed within two days of each other, and there are appar- ently two sections numbered 165. Chapter 683 also provides: Sec. 2. All acts and parts of acts incon- sistent with this act are hereby repealed. TITLE 2. THE BONDS AND OBLIGATIONS OF THE CITY. Corporate stock ami serial bonds of tlie City of New York; how issued; provisions as to bonded indebted- Sec. 169. All bonds issued by the city of New York, on and after January first, eighteen hun- dred and ninety -eight, in pursuance of laws al- ready passed or which may hereafter be passed, or in the pursuance of i lie provisions of this act, excepting assessment bonds, revenue bonds, certificates of indebtedness and other evidences of indebtedness issued pursuant to the pro- visions of section one hundred and eighty-seven of this act. shall be known as “corporate stock of the city of New York,” or as “serial bonds of the city of New York.” For the redemption and payment of said corporate stock or of said serial bonds and the interest thereon, the faith and credit of the city of New York shall be and is hereby pledged. Such corporate stock or serial bonds shall be in such form as may be designated by i lie comptroller, and shall be signed by the said comptroller and the mayor of the city of New York, and sealed with the common seal of the city of New York, and at- tested by the city elerk. Such corporate stock anti serial bonds shall be In coupon form in sums of not less than five hundred dollars each share or bond, or shall be registered, except a* hereinafter provided, and shall be conditioned to be paid in gold coin, or in the legal currency of the United States, at the option of the com- missioners of the sinking fund, except as here- inafter provided, and shall be made redeemable at a period of not more than fifty years from the date thereof. The commissioners of the sinking fund may, in their discretion, provide that such corporate stock shall be redeemable, before maturity at its face value with accrued interest, at the option of the said commission- ers after such date as said commissioners may determine and cause to be set forth in such certificates of corporate stock. Such serial bonds shall be redeemable from appropriations which shall be provided therefor in the budgets of the years when said serial bonds shall mature. Such corporate stock, serial bonds, and all as sessment bonds, revertue bonds, certificates of indebtedness and other evidences of indebtedness issued pursuant to the provisions of section one hundred and eighty-seven of this act, as well as all bonds hereafter to be issued by the city of New York, by virtue of this net or of any other act. whether general or special, shall ba Tvea and exempt from a-1 taxation, except for state purposes. The interest, on such corporate *roei: and on all of the bonds of the corporation, except revenue bonds, bills or notes, certificate* of indebtedness and other evidences of indebted- ness issued pursuant to tlie provisions -»f section* one hundred and eighty-seven and one hundred and eighty-nine of this act shall be at such a rate as the board of commissioners of the sink- ing fund may prescribe, and shall be made pay- able quarterly or semi-ailnually in the city of New York, or at such other place as may b* fixed by the said comptroller, at the time of issue of said stock or bonds; provided, however, that the Interest on certificates of indebtedness and other evidences of indebtedness issued mir- suant to the provisions of section* one hundred and eighty-seven and one hundred and eighty- nine of tills act may be made payable at the date of maturity thereof or at such time or times as the comptroller in his discretion may designate. Such serial bonds may be authorised tr bo issued by the board of estimate and ap- l '.ytionment to pay the e?f?t of any jnbM * im provement, without the concurrence or approval 1 of any other board or public body, and such | corporate stock may be authorized in like man- I ner for the following purposes, and within the ; following limitations : 1. For the purposes specified in section one hundred and seventy of this 'act ; 2. For the purposes specified in section one hundred and seventy-four of this act; 3. For the purposes specified in section one hundred and seventy-six of this act ; 4. For the purposes specified in section one hundred and eighty-four of this act; 5. For the purposes specified in section two hundred and thirty-five of this act ; 6. For the purposes specified in section four hundred and twenty-two of this act ; 7. For the purposes specified in section one I hundred and seventy-eight of this act, to an amount not exceeding two million dollars in any one calendar year ; 8. To pay the awards, costs, charges and ex- penses of acquiring title to lands required for public purposes and which have been or may hereafter be authorized by or pursuant to law, and subject to the limitations hereinafter con- tained ; 9. For the repaving of streets to an amount not exceeding three million dollars, in any one calendar year. Corporate stock to be issued for purposes other than those hereinbefore in this section specifically enumerated, or for such purposes in excess of the amounts therein specified, shall be authorized by the board of aldermen, with the approval of the board ol* estimate and apportionment, as provided by section forty-seven of this act ; provided, however, that wherever by existing provisions of law the commissioners of the sink- ing fund may be specifically authorized to pro- vide for the issue of stocks or bonds, said au- thorization of the comptroller shall be made by said commissioners instead of said board of esti- mate and apportionment ; and that nothing in this section contained shall affect the provisions of sections one hundred and eighty and two hundred and thirteen of tnis act; provided, however, that nothing In this section shall pre- vent the Issue of general fund bonds in the manner provided by section two hundred and twenty-two of this act. The city of New York shall not, except as hereinafter provided, expend any part of the proceeds of sales of corporate stock or serial bonds for the purpose of paying operating expenses of said city us hereinafter defined. The term “operating expenses,” as used in this section, includes expenses for main- tenance, repairs ami current operation or admin- istration of the property and government of the city; and excludes expenditures by the city for betterment*, improvements and acquisitions of pioperty of a permanent nature; but expendi- tures made or incurred by tlie board of water Supply, the aqueduct board, and, prior to Janu- ary first, nineteen hundred and ten. by the de- partment of docks shall not be considered oper- ating expenses w ithin the meaning of this act. The city of New York shall not. except as hereinafter provided, expend any part of the proceeds of sales of corporate stock or serial bonds for other than revenue-producing improve- ments. The term “revenue-producing” as used i in this section shall apply to that class of im provements, including among others tlioio for I docks, water and rapid transit purposes, tlie ' ( xpenditure for which shall, at the time it i* authorized, bo determined by the board of esti- mate and apportionment to have a substan ial present or prospective earning power. Nothing herein contained, however, shall limit the power of the board of estimate and apportiomm nt to authorize the use of tlie proceeds of the sale of coi potato stock or assessment bonds to replenish the street improvement fund or the fu.id for street and park openings or for the purpose of meeting the expenses of improvements for which said board lias authorized the issue of corporate stock prior to January first, nineteen hundred and sixteen, or meeting the expenses of improve- ment* heretofore authorized to be paiil from the proceeds of the sale of corporate stock or serial bonds by special act. nor to limit the power or the board of estimate and apportionment t . authorize tlie use of the proceeds of the sale of corporate stock for other than revenue-pro- ducing improvements as follow*; That during the year nineteen hundred ami sixteen, one-half of the cost of other than revenue-producing improvements shall lie paid by the issue of cor- porate* stock maturing serially from one to fif- teen years, and the remaining half of such cost shall be Included in annual tax levies Im tie* manner provided in section one hundred and eighty-nine of this act; and that during tin* year nineteen hundred and seventeen, one-quarter of the cost of such Improvements shall be paid bv the issue of corporate stock maturing serially from one to fifteen years, and the rerun. ning three-quarters shall be included in annual tix levies as provided in section one hundred and eighty-nine of this act. When in the opinion of the comptroller it shall anpear desirable to have the whole or any part of an issue of corporate stork or serial bond* mode payable in I lie currency of a coun- try other than tiio United States, such corpora t - *roek or serial bonds so to be sold shall b« made payable in such currency, with certifi- cates in such amounts, and sold in such man- ner as may be duly authorized by the eoxnml - sioners of the sinking fund ; provided, however, that in case such corporate stock or serial bands payable in a foreign currency <»r cur- rencies is not sold In the manner prescribed for : the sale of corporate stock or serial bonds under the jic,isicns of section on° bundled and eighty - 1 two of this chapter, the comptroller shall m* vate sealed, competitive tendons for the pur- chase of such corporate stock or serial bonds in such manner as the commissionners of the sinking fund shuli prescribe; and he shall make award or u wards to the highest bidder or bid- ders for such corporate stock or serial bonds with the full power to reject all bids. The proceeds of sales of such corporate stock or serial bonds shuli be recorded in the books of tlie finance department in the terms of tin* cur- rency of the United States as well as in the terms of such foreign currency in which such corps rate stock or serial bonds shall have been isBued. As amended by Laws of 1916, Chap. 615 Issue of Stock or Bonds by the City of New York to Take the Place of Bonds Authorized to he Issued by Law* Enacted Prior to .January First, Eighteen Hundred and Nine- ty-elgrht. Sec. 170, Whenever, and to the extent to which, it may be lawful for the muni- cipal or public corporations *of parts thereof, including 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 pur- poses bonds pursuant to laws enacted prior to January first, eighteen hundred and ninety-eight, it shall be lawful for The City of New York, as hereby consti- tuted, to issue corporate stock as herein provided for the same purposes; pro- vided. however, that the amount so to be issued shall not in any one case ex- ceed the balance remaining unissued of th>' amount limited to be issued pursu- ant to the authority of raid laws, in similar instances assessment bonds and certificates of indebtedness and other evidences of indebtedness issued pursu- ant to the provisions of section one hun- dred and eighty-seven of this act of Tho City of New York, as hereby constituted, may likewise *to be so issued, subject to the same limitations as to the amount thereof.— As amended by Chapter 683, Laws 1910. Bonds to he issued in snnis of ten dollars or any multiple thereof. Sec. 171. Whenever it shall be lawful to issue any bonds o? The City of New York, as constituted by this act, the same, when issued in registered form, may be issued in denominations cf ten dollars or any multiple thereof. Preference shall, as far as practicable and without pecuniary dis- advantage to the said City of New York, be given to applicants for the smallest anoints and smallest denominations of said bonds in issuing the same. of MtookM and bond*. Sec. 17 2. AH siocks and bonds hereto- fore lawfully issued by any of the munici- pal or public corporations or parts thereof, which have heretofore been annexed to or consolidated with the corporation known as the mayor, aldermen and commonalty of 'The City of New York, or which by this act are made part of the corporation of The City of New York, as hereby consti- tuted. including the counties of Kings and Richmond, for the payment of the principal and interest of which The City of New York is liable, may be registered and must be recorded by the owners there- of in the comptroller’s office in said city, and shall be transferable at the pleasure of the holder, either in person or by at- torney. only upon the books of the cor- poration in said office, and subject to such reasonable rules and regulations as the comptroller may prescribe; such registry and transfer to be indorsed thereon by the comptroller. Whenever such stocks or bvn-s have been issued in coupon form, and whenever hereafter corporate stock of The City of New ^ ork may he so issued, it shall be the privilege of the holders there- of at any time, subject to such rules and regulations to convert the same into reg- istered stock cr bonds, and the comp- troller is hereby authorized to issue reg- istered 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 •So in original 27 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK ■ball, as the same shall become due and payable, be paid in like manner as upon otner 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 there- of, have authority to detach all coupons therefrom, and shall thereupon indorse the fact of such registration, with a ref- erence to this section. Fnad for Street and Park Openings. Sec. 173. The fund heretofore estao- lished and accumulated in the treas- ury of the corporation known as the mayor, aidermeu 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 con- stituted. 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 commonalty of The City of New York. 2. Whatever cash balances there may be upon January f.rst, eighteen hundred and ninety-eight, in the treasuries or standing to the credit of the several mu- nicipal 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 commissioners of esti- mate and assessment in reports hereto- fore confirmed or hereafter to be con- firmed 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, and all the costs and expenses of such pro- ceedings heretofore or hereafter taxed. 3. Such sums as may be raised by tax- ation in The City of New York, and the proceeds of such bonds as may be issued as by this act provided to meet the ex- pense, in whole or in part, of any of the objects and purposes in the preceding subdivision of this section specified. 4. All money hereafter collected by The City of New York, as hereby consti- tuted, for or on account of assessments made and confirmed and hereafter to be made and r, onfirmed for opening any street, road, avenue, boulevard, public square or place, park or parkway, or for acquiring title lo land required for any bridge, tunnel or approach thereto, whol- ly or partly within the limits of the sev- eral municipal or public corporations or parts thereof, which by this act, are made part of the corporation of The City of New York. 5. All moneys received from the sale of street and park opening assessment bonds or certificates of indebtedness and other evidences of indebtedness issued pursuant to the provisions of section one hundred and eighty-seven of this act issued and sold under authority of section one hun- dred and seventy-four of this act. All such street and park opening assessment bonds ‘'hill when due be paid from the said fund for siroet and park openings and in case the said fund shall be insuffi- cient for that, purpose, it shall be lawful fo" the comptroller when thereto author- ized by the board of estimate and appor- tionment. without the concurrence or ap- proval of any other board or public body to issue corporate stock of The City of New York for an amount sufficient to pay the street and park opening assessment bonds so falling due, as aforesaid: or the comptroller mav, in his discretion, for such purpose, issue street and park open- ing assessment bonds in the manner pro- vided in section one hundred and seventy- four of this act. — As amended by Chapter C83, Laws of 1910. Tin ninges, Kt Cetera, to Be Paid from Fanil for Street and Park Openings. Sec. 174. From the said fund for street and park openings, and not otherwise, • hall he p«H all 'hrrwooo awarded hy the commissioners of estimate and assess- ment in reports hereafter or heretofore confirmed in proceedings taken to oppu any street, road, avenue, boulevard, pub- lic 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, where- in reports are to have been confirmed, 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 re- quire 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 coran ■ ‘ssloners and the charges and expenses, shall exceed the balance remaining in said fund after deducting all outstanding claims against said balance, the comptroller is author- ized to raise by the issue and sale of certificates of indebtedness and oiher evi- dences of indebtedness to be redeemed out of the tax levy for the year next succeed- ing the year of their issue or in his dis- cretion to raise by the issue nnd sale of street and park opening assessment bonds at : i o 1 less than par for such periods as he may determine not exceeding ten yna: - s and bear'ng interest at such a rate as the board of commissioners of flic sinking fund may prescribe, such amounts as shall be necessary to pay such carn- age. costs and expenses, but not to ex- ceed the amount of assessments remain- ing uncollected and a lien upon lands as- sessed for the benefit of street and park openings -added to the amount of the as- sessments that remain to bp imposed in proceedings in which the awards only have been confirmed: 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 resolution heretofore or hereafter adopted by any board or body pursuant to any statute, the whole or any portion of the awards made in any proceeding, and of the costs and expenses thereof, arc pay- able 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, 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 such stock at such times and in such amounts as may be necessary, and shall pay the pro- ceeds thereof into said fund for street and park openings. — As amended by Chapter 6S3, Laws of 1910. Replenishment of Said Fund. Sec. 175. The corporation counsel shall furnish to the board of estimate and ap- portionment 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 fur- nish 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 reve- nue bonds, certificates of indebtedness and other evidences of indebtedness is- sued pursuant to the provisions of sec- tion one hundred and eighty-seven of this act then outstanding, issued In pursuance of the last preceding section, and of the balance in the treasury to the credit of lb® pool fund, Th? beard of aldermen and the said board shall thereupon in- clude in the annual budget for the ensu- ing year a sum sufficient, with such bal- ance, to pay ail claims for the awards and costs in all proceedings in which re- ports shall have been prior to that timo confirmed, and which awards’ shall net then have been paid, and also a sum sufficient to pay and discharge the reve- nue bonds, certificates of indebtedness and other evidences of indebtedness is- sued pursuant to t li e provisions of sec- tion one- hundred and eighty-seven of this act then ni’t’l end in" o-i' 1 issued in pu>' suance of the last proco ] ng nation. — As amended by Chapter G33. Laws 1 f IT’O. Payment of Iis«i'"'"ien «• * York. Sec. 17(1. rt rlall be lawful for (lie comp- troller, when au'hrrizofl by ihe board of pkm- mate and apportionment. In annly Ihe whn'e or any pari of ihe suip’us existing, or tin wive h may hereafter a r !se. in th 0 funds W no‘\ n and designated as the “fund I’oi r siren •an d park openings'* and th ° “st re® t improve ‘men t f rid . " toward ihe 1 Ini hlation r the the n r\- 1st In nr |rdeiV'<»dn ACc uses of i lie Department of bucks and Ferries; How Met. Sec. ISO. The comptroller shall. . from • me io lime, when authorized by the board of estimate and apportionment on the recommendation of the commissioners of the sinking fund, issue corporate stock of the city of New Y’ork in such amounts as they may deem the public interests to demand, but not. exceeding five million dollars in any one calendar year, for the purpose of raising the money necessary to carry out the provisions of title one of chapter sixteen of this act. relating to the department of docks and ferries, its powers and duties. In case the public in- terests demand the issue of such bonds to an amount exceeding the sum of five million dollars in any one calendar year, the approval and authority of the board of aldermen shall be obtained therefor in the manner provided for by sections forty-seven and forty-eight of this act. The moneys received from sales of such stocks shall be deposited in the treasury of the city and shall he drawn out and mid by the comptrolhi: of said city for he several o^rects and purposes provided in said title, relating to the said depart- ment, its powers and duties, upon the requisition of the board of docks; pro- vided, however, that the commissioners of the sinking fund may specify from time to time in such detail as may seem to them proper the purposes to which the proceeds of the sale of such stocks shall be applied, and it shall thereupon be un- lawful for the board of docks to incur any liability or expense in excess of any appropriation thus made. The expenses aud compensation of said board, its rents, tile compensation of its appointees, the purchase money and damages awarded upon the acquisition of private property, the payments under the contracts author- ized iu said title and for work performed under the same, aud all other expenses and disbursements necessarily incurred, in carrying out the said provisions of said title in keeping, maintaining, repairing, building and rebuilding the wharves be- longing to the said corporation, in dredg- ing and cleaning slips, in acquiring on behalf of the. city real estate, property, plant or appliances required for the equipment, maintenance or operation of any ferry, or for terminal facilities or approaches thereto, upon the water, front of the borough of Richmond or upon the •water front of the borough of Brook'yn, between Thirty-eighth street and Six- tieth street, except operating expenses made or incurred after December thirty- first, nineteen hundred and nine, shall be paid out of said moneys in the manner above provided. The limitation upon the annual expenditure in this sort ion “hall not apply to expenditure made on ac- count of the equ pment. maintenance or operation of any such ferry, or on ac- count of the anou-'i'tjnn of 'property •So in original. therefor, but the maximum sum mentioned may be expended annually for the other purposes aud in the manner specified in : said section. Operating expenses of the department of docks after December thirty-first, nineteen hundred and nine, I including the expenses and compensation of the board of docks, rentals payable by it, the compensation of its appointee.' the expenses necessarily incurred in keeping, maintaining and repairing the wharves belonging to the city, in clean- ing slips, and in maintenance or opera- tion of any ferry or terminal facilities thereof, shall be considered operating ex- penses of the city, and the city of New York shall not expend any part of pro- ceeds of sales of corporate stock, for the purpose of paying suC-h operating ex- penses made or incurred after December thirty-first, nineteen hundred and nine. — As amended by Laws 1909, Chapter 377. ANxeKMinent liomls; provisions gov- erniiig inline of Maine. Sec. 1S1. It shall be lawful for the , comptroller, when authorized by the board ot estimate and apportionment to j issue assessment bonds, at not less ilian par, for such periods as said comptroller may determine, not exceeding ten years, and bearing interest at such a rate as the board of commissioners of the sink- ing L.nd may prescribe, to provide the means necessary to pay all the expenses incurred or to be incurred on account of regulating and paving streets, build- ing sewers, and all other work ordered to be done by contract, by virtue of or- dinances which may be hereafter passed by the board of aldermen of The City of New York, the expense whereof is to De collected by assessment from the prop- erty benefited by said work or works, or on account of any local improvement or other public work heretofore made or I performed, or that shall hereafter be made or performed under and by- virtue of the authority of any law I. in all cases in which the said ex- pense is to be paid in whole or in part by assessmen- upon the property bene- fited. 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 president of a borough, the head of the-d _ artment or board having such work in charge, and also a certificate in writing from the president of a borough, itead of such department or board, stat- - ing that a payment is due and the amount of such payment. On work con- tracted for subsequent to May seventh, eighteen hundred and seventy-two, or hereafter contracted for, no interest shall be charged on the monthly or other in- termediate payments to any contractor, and fifteen per centum, and no more, shall be reserved from the amount or volume of work specified and certified from time to time to tile comptroller of said city, by the pin per officer, to have been done by any contractor; and such re- served fifteen per centum shall be paid to such contractor on or before the ex- piration of thirty clays from the com- pletion and acceptance of the work. The fund heretofore created by the corpora- tion known as the mayor, aldermen and commonalty of I he 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 au- thorized, a’nd of such bonds as may by other provisions of law be authorized to be issued for similar purposes with'n 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 assess- ments already collected, or to be here- after collected, on account of similar contracts duly entered into by lh,e proper authorities of the several municipal or public corpora t : r«, • r peri? thereof the corporation known as the mayor, aldermen and commonalty of the city of New Yorl;. — As amended by Laws of 1912, Chapter 192. Proposal* for City Boniln or Stoekaj Conditions and Deposit, Sec. 1S2, Whenever any bonds or stocks shall be hereafter issued, other than certificates of indebtedness and other evidences of indebted- ness issued pursuant to the provisions of sec- tions one hundred and eighty-seven and one hundred and eightv-nine of this act, or other than corporate stock issued in the currency of a foreign country pursuant to the provisions of section one hundred and sixty-nine of this act, orsurh bonds and stocks as may be pur- chased for investment by the commissioners of the sinking fund, the comptroller shall in- vite proposals therefor by public advertise- ment. for not less than ten days, and shall award the same to l Ji e highest bidder or bid- ders therefor: provided, that no proposal P-r bonds or stocks shall be accepted for less titan the par value of the same; and said proposals shad only he publicly opened by the comp- troller, in the presence of the commissioners of the sinking fund, or stich of them as shall attend. II shall be a condition of sale of such bonds and stocks, anti tite advertisement calling for proposals therefor shall so 'declare, that every bidder may be required to accept a portion of the whole amount therefor bid by him at the same rate or proportional price as may he specified in his bid; and any bid which conflicts with this .condition ’shall he rejected; provided, however, that any bidder offering- to purchase all or any part of the bonds offered for sale at a price at par or higher may also offer to purchase all or none of said bonds at a different price, and if tite comptroller deems it to be in t lie interest of the city so to do, lie may award the bonds to the bidder offering the highest price for-all or none of said bonds; provided, however, that if tite comptroller deems it to be in t lie inter- est of the city so to do. lie may reject ail bids, in inviting proposals for serial bonds, the comptroller may advertise to sell, in series, at a single bid price per bond, and may make awards on such basis to the highest bidder or bidders, in the manner herein provided. Every bidder, as a condition precedent to the recep- tion or consideration of his proposal, shall deposit with the comptroller a certified .check, drawn to the order of said comptroller upon a i rust company or a state bank incorporated and doing business under the laws of the stale of New York, or a national bank, or a sum of money; such check or money to accompany t lie proposal to an amount to be fixed by the comptroller not exceding two and one-half pe.r centum of the amount of me proposal. Within three days after tite decision as to who is nr ate the highest bidder or bidders, the comp- troller shall return all deposits made to the persons malting the same except the deposit made by tite highest b : dder or bidders, ant if tite said highest bidder or bidders shall refuse or neglect, within five days after service of written notice of the award to him or them, to pay to the city chamberlain, tne amount of the stocks or bonds awarded to him or them at the'r par value, together with the premium thereon less the amount deposited by hint or them, the amount or amounts of deposit thus made shall he forfeited to and retained by said city as liquidated damages for sum neglect or refusal, and shall thereafter be paid into tite sinking fund of the city of Xew York, for the redemption of the city debt, if at anv time a portion of ihe bonds and stock which are offered at pub’ic sale in conformity with the provisions of this section shall fail to be sold, the comptro'ler is hereby authorized to sell at private sale, for not less than the par value thereof, the said portion of sa ! d bonds anti stock which failed to he sold. (A' amended by. Chap. 308. Laws of 1915.) Kxpenjies of restoring- street pnve- inentM. lioar met. Sec. 1S3. The mcneys which the comp- troller is autnorized to pay pursuant to the provisions of section three hundred and ninety-one of this act shall be oo- taiced by him from time to time as may- be necessary, by the sale of assessment Lords as provided by section cne hundred and eighty-one of this act. The money collected pursuant to the provisions of said section three hundred and ninety- one shall be set apart, when collected, as a trus 1 fund, and applied to the redemp- tion of tee principal and interest- cf said bonds. It eil e in |it i on of certain lioml* pay- able from collection of n linn- nicnta, Sec. 184. If at any time hereafter the amount in the treasury of tite city de- rived from collections of assessments shall be insufficient, to meet and pay, when they become due and payable, any bonds " • i j * »,i York, as hereby 29 Eagle Library — THE CHARTER OF THE CITY OF NEW YORK constituted, or aDy bonds heretofore is- sued by auy of the municipal or public corporations or parts thereof hereby con- solidated into The City of New York for expenditures incurred on public improve- ments, payable in whole or in part from assessments, then it shall be lawful for the comptroller, when thereto authorized by the board of estimate and apportion- ment, 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 assessment bonds in the manner provided by section one hundred and cigbty-one of this act. Defleienoies in collections of ar- rears of assessments; how met. See. 185. The comptroller is hereby au- thorized lo issue from time to time as- sessment bonds in the manner provided by section one hundred and eighty-one of this act, to provide such amounts as may be required to meet the deficiencies caused by delay in collecting arrears cf assessments; the aggregate amount so issued not to exceed at any time tbe aggregate amount of said arrears then outstanding. Bonds for State Taxes. Section 1S6. 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 com- prised therein, at the same time or times that other counties of this state are or may be required to make payment by law. the comptroller is hereby author- ized and required, unless the money for the payment of the same shall have been otherwise provided, to issue certificates of indebtedness and other evidences of indebtedness issued pursuant to the pro- visions of section one hundred and eigh- tv-seven of this act. for such amounts as may from time to time become neces- sary to meet such quota of the st..te 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 at such times. — As amended by Chapter 6S3. Laws 1910. Certificate of Indebtedness or Other Evidence of Indebtedness of City; Special Funds. Section 187. The comptroller is au- thorized to borrow, from time to time, on the credit of the corporation, in antici- pation of its revenues, and not to exceed in amount the amount of such revenues, such sums as may be necessary to meet expenditures under the ap- propriations for each current year, including such amounts as are to be raised by The City of New York for county, purposes. Such amounts shall be I obtained by the issue of certificates of indebtedness or other evidences of in- debtedness, which shall be termed “re Ve- nus bonds,” “revenue bills.” or be known by such other name as may be approved by the comptroller and which shall be in such form as may be designated by the comptroller, and which shall be re- deemed out of the proceeds of the tax levy in anticipation of the collection of which such certificates of indebtedness or- other evidences of indebtedness were issued. Whenever the comptroller may be authorized by the provisions of this act, or by laws heretofore or hereafter enacted, to issue revenue bonds, cer- tificates of indebtedness or other evi- dences of indebtedness for purposes other than to meet expendit ures under the appropriations for each current year, such certificates of indebfedness or other evidences of indebtedness shall be re- ' deemed out of the tax levy for the year next succeeding the year of their issue. »nd the necessary appropriation therefor, shall he made by the board of aldermen ! aud_the board of estimate and apportion- i nient in tbe budget for such year. Such last mentioned certificates of indebted- ness or other evidences of indebtedness may he designated and known as “Spe- cial revenue bonds,” “Special revenue bills” or by such other name or title as may be approved by the comptroller and shall be in such form as may be desig- nated by the comptroller. Cash balances of special funds in the treasuries or to the credit of the several municipal or public corporations or parts thereof, in- cluding the counties of Kings, Queens and Richmond, hereby consolidated with the mayor, aldermen and commonalty of The City of New York shall be trans- ferred by the comptroller to like special funds of The City of New York, where such exist; and such special funds shall I thereupon be liable for payments which would otherwise have been made out of the funds so transferred. Where no similar funds exist in the treasury or to the credit of The City of New York, j such special fund shall be, so far as practicable, administered in the same manner as they would have been admin- I istered if this act had not been passed. Whenever it shall appear that the charges and liabilities of any such spe- cial fund exceed the available assets thereof, it shall be lawful for the board of estimate and apportionment, upon the written request of the comptroller, to au- thorize the issue of certificates of in- debtedness or other evidences of indebt- edness or assessment bonds or corporate stock of The City of New York, for the purpose of supplying such deficiency.— As amended by Chapter 683, Laws 1910. Certificates of Indebtedness or Other Evidences of Indebtedness to be Re- deemed Ont of tbe Tax l.evj for tbe Tear Next Succeeding tlic Year of Their Issue. See. 1SS. The comptroller is authorized to issue certificates of indebtedness or other evidence of indebtedness to be re- deemed out of the tax levy for the next year succeeding the year of their issue to provide tbe means necessary to make payments for the following purposes; 3. The expense necessarily incurred in condemning unsafe buildings as provided by section five hundred and eleven of chapter four hundred and ten of the laws of eighteen hundred and eighty-two. 2. Amounts audited by the board of es- timate and apportionment pursuant to section two hundred and thirty-one of this act. 3. Such amounts as may be necessary to pay judgments recovered against the corporation; provided, however, that when such judgments shall have been recovered for county charges or liabili- ties of any of the counties included with- in the territorial limits of the city of New York, separate accounts shall be kept' thereof. The corporation counsel shall, in all such ’cases, advise the comp- iroller as to the amount of such county liability and the county incurring the same, and it shall, thereupon, be the duty of the comptroller in' making the certifi- cate to the board of aldermen, required by section nine hundred and two of this act in respect to county charges, to in- clude in the amounts chargeable against each of such counties the amounts of such judgments respectively paid on ac- count thereof during the preceding cal- endar year. it shall also be the duty of the comptroller in estimating the rev- enues of the general 'fund for the re- duction of taxation as' required by section nine hundred of this act. to include the amounts which shall be respectively chargeable against each of such echinties. 4. The amount appropriated in pursu- ance of section two hundred and thirty- six of this act in' those cases in wh'eh the appropriations are made after the final passage of the annual appropriations and the certification t.o the board of aldermen of the amount, to be ralsed'. 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 pro- vided in section one hundred and seveuty- I four of this act. 7. To provide for the payment of claims, charges, expenses and appropria- tions which have been or may be law- fully payable by the city of New York, as hereby constituted, and the several counties wholly included within its limits and for which no other provision for payment has been made. Separate ac- counts shall be kept. of the bonds is- sued and payments made on account of 1 county charges and expenses, and the comptroller shall similarly certify the I amounts thereof to be raised by tax m the respective counties and to be in- cluded in the general fund for the reduc- tion of taxation as provided by subdivis- ion three of this section in the case of judgments. 8. To provide for the payment of ex- penses , authorized by the concurrent vote of all the members of the board of estimate and apportionment upon a reso- lution requesting such authorization, adopted by the affirmative vote of three- fourths of all the members of the board of aldermen, provided, however, that the amount thus issued shall not in any one year exceed two million dollars. 9. To meet and pay the expenses in- curred pursuant to the provisions of sections eleven hundred and seventy- seven and eleven hundred and seventy- eight of this act. 10. To provide in any year for the amount of any deficiency in the income from all sources of the New York file department relief fund, wherewith to meet and pay all pensions or allowances payable from said relief fund during that year; as such deficency shall be es- timated and certified to the comptroller by file treasurer of the New York fire department relief fund. — As amended by | Laws of 1912, Chapter 457. Notes to be Issued in an tie! pat ion of the sale of eorpornte stock an«T serial bonds; notes to be Issued in anticipation of tux levies. Sec. 189. The comptroller is author- ized to issue, whenever he may deem it for the best interests of the city so to do, bills or notes, to be known as “corporate stock notes,” maturing within a period not to exceed one year, in anticipation of the sale of cor- porate stock or serial bonds duly au- thorized at the time such notes are is- sued. The proceeds of the sale of such notes shall be used only for the purposes for which may be used the proceeds of the sale of corporate stock or serial bonds in anticipation of the sale whereof the notes were is- sued. All of such notes or any renew- als .thereof shall be payable at a fixed time, and ho renewal of any such note shall be issued after the sale of cor- porate stock or serial bonds in antici- pation of whiph the original note was issued. lit the event that a. sale of such corporate stock or serial bonds shall not have occurred prior to the | maturity of the note so issued in an- ticipation of such sale the comptrol- ler shall, in order to meet the notes then maturing, issue renewal notes for such purpose. Every such note arid renewal note shall be payable from the proceeds of the next succeeding sale of corporate stock or serial bonds excepting as hereinafter provided. The total amount of such notes or renew- als thereof issued and outstanding shall at: no time exceed one-half of and if no sale of corporate stock or j serial bonds' authorized to be issued, and' if no sale of corporate stock or serial bonds shall have been belli within six months preceding the issue r of such notes 'then the total amount | of such notes or renewals thereof, is- 1 sued and outstanding, shall at no uum no Easlc Library— THE CHARTER OF THE CITY OF NEW YORK exceed one-half the total amount of corporate stock or serial bonds au- thorized to be issued on the date which shall be six months after such last preceding sale. Whenever the board of estimate and apportionment shall authorize an expenditure for public improvements the cost whereof cither wholly or in part is payable by the city under the provisions of this act. and shall direct that such cost of said improvements shall be included in the tax levy or levies of t lie year or years next following the adoption of the budget or budgets in which such cost, or such partial disbursement thereof as may be required, shall be included, the comptroller is author- ized to issue, in anticipation of the collection of the taxes of the year from which the said board shall direct the payments to be made, as hereinbe- fore authorized, to pay the cost of such public improvements, obligations of the city of New York to be known as “tax notes” or by such other name or names as he may designate, pro- vided, however, that the maturities, of said obligations or any. renewal there- of shall in no event be later than the year in anticipation of the tax levy whereof said obligations were issued. — As amended by Laws of 1916, Chap! 615 . TITLE 3. THE CHAMBERLAIN'. IInw appointed: bond. Sec. 194. The chamberlain shall he ap- pointed in the same manner as heads of de- partments. 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 thou- sand dollars, with not less than four suf- ficient sureties to be approved by the comptroller, conditioned that he will faith- fully discharge the duties of his office and all trusts imposed on him by law in vir- tue of his office. Such bond shall be deemed to extend to the faithful execution of the duties of the office until a new ap- pointment shall be made and confirmed, and the person so appointed enters upon the performance of his duties. In case of any official misconduct 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, afte- first paying therefrom the ex- penses of the litigation, cause 'he proceeds of such judgment to be distributed as shall be law-ful and equitable among the per- sons and objects injured or defrauded by such official misconduct or default of said chamberlain, or any of his subordinates. Dntles; neconnt^ of to he examined by commissioners of accounts. Sec. 393. Said chamberlain shall pxhlhlt to the board of aldermen, at Its first meeting in tlie month succeeding that in which lie enters upon the execution of Ids office, an exact state- ment of the balamo 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 bis hands on ac- count of the city on the day of the receipt thereof, or on the business day next succeeding, la such hanks and trust companies ns shall have been designated as deposit banks In pursuance of Iho next section, but no amount shall bn 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 trust company. The money so deposited shall bo placed to the account of the chamberlain, and ho shall keep a bankbook, In which shall he entered his accounts of deposit in, and moneys drawn from the hanks ami trust companies in which the deposits shall be made. The said hanks and trust companies shall, respectively, transmit to the comptroller a weekly statement of the moneys which shall bo received and paid l>v them on account of tho city treasury. The •huiuberluiu shall pay ail warrants drawn ca the treasury by the comptroller and counter- Mgnod by the mayur. or the chief clerk of tile mayor when empowered by the mayor in writing ,o to do. and no moneys shall be paid out of the treasury except on the warrant of the ! comptroller so countersigned. No such warrant J sioill be signed by the comptroller or counter- signed by the mayor, except upon vouchers for the expenditure of the amount named therein, j examined and allowed liy 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 tiled, nor except such warrant shall be authorised by law or by ordinance, and sliall I ret. r to the law or ordinance, and to the op- | propriatlon tinder and from which it Is drawn, j The chamberlain shall not draw any moneys of I the city treasury from said hanks or trust cotn- j panics unless by checks subjoined and attached to such warrants and subscribed l>y 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; provided, however, that this provision shall not apply to transfer checks transferring funds from' one city depository to another. The cham- berlain -shall exhibit his hank hook to the comptroller on the first Tuesday of every month, and oftener when required. The accounts of the chamberlain shall be annually closed on the last day of December and shall be examined In the month of January In each year by the commis- sioner of accounts. Such commissioner shall examine the accounts and vouchers of all moneys received into and paid out of the city treasury : during tlie year ending on the last day of De- 1 comber next preceding such examination, aid shall certify and report to the mayor and board of aldermen in the following month of February the amount of moneys received into the treasury during such year, the amount of moneys u.iil out during the same period by virtue of warroi v drawn on the treasury by the comptroller, the j j amount of moneys received by the ehanibcrla.n , who shall be in office at tlie time of such ex 1 omlnntion, if he entered upon the execution of i his duties since the last preceding report, the balance lu tlie treasury on the last day of December preceding such examination, the | a mount 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 flip authority uuder which such bonds were issued. .Such commissioner shall also compare tlie warrants drawn b,v the comptroller on the treasury dur- ing the year ending on the last day of Decem- ber 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 comp- j iroller had power to draw such warrants: and . If any shall be found which. In his opinion, ihe comptroller had no prv’er to draw, he shall specify tlie same in his retort. with his rea one for such opinion.— As amended by Laws of 1910. Chap. 517. I’nlilie moneys; where to l»e deposit- ed; salary of chamberlain. Sec. 196. The said chamberlain and mayor and comptroller shall, by a ma- jority vote, by written notice to the comptroller designate the banks or trust companies, in whicn 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 com- panies thus designated; but no such bank or trust company shall be designated un- less its various 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 Feb- ruary, May, August and November in each year, according to the current rate of interest upon like balances deposited In hanks and trust companies in. the city or New York by private persons or cor- porations. Banks or trust companies designated for the deposit of city mon- eys under the provisions of this section shall, bpfore deposits are made, other than such as are of a temporary char- acter and specifically relate to the cur- rent business of the city, severally exe- cute and file with the chamberlain, a bond to the city of New York in such j form and in such amount as may be pre- j scribed and approved by the chamber- lain and comptroller 'or the safe keep- | Ing and prompt payment ©f such moneys on legal demand therefor with Interest a", the rate agreed upon and. as surety fo.r such bond, shall deposit w ;h the comp- troller outstanding unmatured • bonds, corporate stock, revenue bonds, assess- ment bonds or other obligations issued hy the city of New York, the value of which at existing prices ou the open , market shall be equal to the estimated amount of the proposed deposit, for which the chamberlain and comptroller shall deliver a certificate of deposit con- taining the conditions of said surety bond. Oil the withdrawal of all or a part of the funds deposited in any depository and a closing or depleting of the account | thereof, or in the event of the deposit j actually made being less than the esti- mated amount of such deposit, the cham- berlain and comptroller shall certify to such settlement or depletion or difference and direct the surrender of the whole or a proportionate share of such deposit to j the owner or owners thereof. The said j chamberlain shall keep books showing the receipts of moneys from all sources, and designating the sources of same, and also showing the amounts paid from time to time on 'account of the several ap- propriations, 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 chamberlain 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 tlie credit of the city. The chamberlain shall "■•.reive the sum of twelve thousand dol- 'r.rs annually, and no more, for his serv- i'TS as ckc-mber lain of said city and as roxuity treasurer of the county of New York in lieu oi all salary and of all in- terest, fees, commissions and emolu- ments; and all such interest, fees, com- missions and emoluments shall be ac- counted for and paid over by him to the city treasury, except that the commis- sions or compensation provided by law. and received by him for receiving and paying over state taxes, and all interest, which accrues on deposits shall be paid by him to the commissioners of the sink- ing fund. He may appoint and remove at pleasure deputy chamberlains, and such clerks and assistants as may be necessary whose salaries, together with all the expenses of the office, shall be paid by the city of New York when fixed hy the board of aldermen on the recom- mendation of the board of estimate and apportionment. The chamberlain shall also have power to designate in writing one of said clerks to act as warrant clerk, whose du'v it sha'l b" to sign war- rants and to perform such other duties as may be required of him, under the direc- tion of the chamberlain. — As amended by Laws of 1911, Chapter 304. Certain sections of code of civil procetlnre respecting; moneys paid into court applicable. Sec. 197. Each provision of title three of chapter eight of the code of civil proced- ure, relating to a county treasurer, ap- plies to the chamberlain with respect to money paid into court, in an action triable in The City of New York, as hereby con- stituted. or with respect to money, or a bond, mortgage, or other security, or pub- lic stock, representing money paid into j court, except where special provision, with respect to the same, is otherwise made bv law, and the chamberlain shall perform all the duties prescribed by said provision of law in the count;;; of New York, Kings, Queens and Richmond. Kccs. Sec. 19S. The chamberlain Is entitled, i for the services specified in this section, J to collect for, and on behalf of the city j the following fees: For receiving money paid 'nto the court, one-half of one per centum upon the sum so received. For J paying out 'he same, one-half cf one per J centum upon 'he sum «o paid out. For j Investing money, pursuant 'o the direction j of 'he court, cne-hal’ of f the sinking fund shall have power Vo assign to use for any public purpose any city property, for whatso- ever purpose originally acquired, which may he found by the depart- ment having control thereof to be no longer required for such purpose. The proceeds of said sale or leasing shall on receipt thereof, after paying neces- sary charges, he immediately paid to the credit of the sinking fund for the redemption of the city debt; except that the commissioners of the sinning fund shall have power to provide, that the proceeds derived from any sale of real estate, or interest therein, re- maining after the payment therefrom of the necessary charges of the sale and of any liens and charges upon the property sold, be paid to the credit of an appropriately designated fund, hereby created, and applied to the purchase of other real estate deemed necessary for public purposes when and as authorized, pursuant to the pro- visions of tills act, with the same force and effect as though such dis- bursement was from the proceeds of the sale of corporate stock authorized to be issued for the purchase of real estate. The fund hereby created shall be under the control of the said com- missioners of the sinking fund, and the moneys therein not disposed of in the purchase of real estate, shall when and as directed by the commissioners of the sinking fund, with the concur- rence of the board of estimate and ap- portionment, be paid to the credit of the sinking fund for the redemption of the city debt. All the provisions of this act. relative to the purchase of real estate by the city, shall be made ap- plicable to the acquisition of such real estate, purchased through the medium of the fund hereby created. Said com- missioners of the sinking fund shall have power, by unanimous vote, to settle and adjust by mutual convey- ances or otherwise, and upon such terms and conditions as may seem to them proper, disputes existing be- tween the city and private lines, and to release such interests of the city owners of property, in respect to boun- dary in real estate as the corporation counsel shall certify in waiting to tie mere clouds upon titles of private owners, in such manner and upon such terms and conditions as in their judg- ment shall seem proper. The commissioners of the sinking fund are hereby authorized to approve agreements, submitted by the commis- sioner of docks, fixing, determining upon and establishing the line of high water as provided for in section eight hundred and eighteen-a and are further authorized to sell and convey to the upland owner lands under water inside of such line, to purchase from the upland owner any lands out- side of such line and to exchange lands under water inside of such line for lands outside of such line upon such terms and conditions as in their Judg- ment shall seem proper. Said commissioners of the sinking fund shall also have power to sell and convey the right, title and interest of the city in and to lands lying within any street, avenue, road, highway, alley, lane or public place or square that has been discontinued and closed, in whole or in part, by lawful authority, to the owner of lands fronting on such street, avenue, road, highway, alley, lane or public place or square so dis- continued and closed, on such terms and conditions and for such considera- tion as in the judgment of said com- missioners of the sinking fund shall seem proper, provided the said com- missioners of the sinking fund shall first determine that the said lands or the part thereof so sold and conveyed, are not needed for any public use. Said commissioners of the sinking fund shall have discretion to direct the demolition or removal of all public buildings or other structures, the title to which has been acquired by the city in condemnation proceedings or by purchase, and not needed for any public purposes, in the same manner as now provided by law for the demo- lition and removal of unsafe buildings, and in such cases the expense of such demolition and removal shall be jiaid in the same manner as is now pro- vided for the demolition and removal of unsafe buildings. They may also, prior to the confirmation of the report of commissioners of estimate and ap- praisal, or prior to the purchase of the premises upon which said build- ings or parts of buildings or other structures are erected, or prior to the vesting of title therein, agree with the owner or owners thereof, or any per- 1 son having a beneficial interest there- in, in case title has not vested in the city, and in the case the title has vested in the city, with the person or persons entitled to the award or awards therefor, as to the cost and compensation to he allowed and paid to said owner or owners, or other per- sons for the removal of said buildings or parts of buildings or other struc- tures, as the compensation to he awarded by said commissioners or allowed for the damage done said ♦buildings or buildings or other struc- tures in the acquisition of title thereto, and it may also, as a condition of the sale by the city at private sale of its interest therein after vesting of title in said building or parts of buildings or other structures to the owner or owners of the award or awards there- for, or other person having an interest therein, agree that damages to be awarded by the commissioners shall Vie the agreed compensation for the pur- pose of the removal thereof, provided, however, that such buildings or parts of buildings or other structures shall not, in any case, he relocated or re- i erected within the lines of any pro- posed street or other public improve- ment. Commissioners of estimate and ap- praisal shall accept such agreed amounts of compensation for the re- moval of buildings or parts of build- ings or other structures as the amounts j to be awarded as such compensation I and include the same in their reports. Said commissioners of the sinking fund [ shall prescribe such conditions in the terms of sale which, if broken, shall entitle the city to a resale of said property, and which shall revest title to same in the city. Said commissioners of the sinking fund shall also have power to lease all or any part of the right, title and in- terest heretofore or hereafter acquired by the city in and to any lands outside the limits of said city for the sanitary protection of the water supply, and to grant in perpetuity, or for shorter periods, rights, easements, or rights of way in, over or across any such lands, for highway purposes, or for the improvement of the facilities and public service of railroads heretofore located thereon upon such terms and conditions, for such consideration, and subject to such restrictions as in tlie judgment of said commissioners shall seem proper; provided that no such lease or grant shall be made unless the said commissioners shall first deter- mine that the said lands or interests therein, so granted or conveyed, are to he used or enjoyed for a purpose which is consistent with the sanitary protection of the water supply of said city, and provided that every such grant or lease shall contain covenants restricting the use of such lands, or in- terests therein, in accordance with the determination of said commissioners and providing for the forfeiture to the city of the lands or interests therein upon breach of any of said covenants. The provisions of existing laws or ordi- nances relative to the investment of moneys and assets of the several sinlc- ; ng funds hereby made subject to the control of the commissioners of the sinking fund as hereby constituted, in bonds, stocks, or obligations of the municipal or public corporations or parts thereof hereby consolidated into The City of New York, including tbfc counties of Kings and Richmond, shall hereafter apply to investments thereof in the bonds and stock of the corpora- tion of The City of New York, issued on and after January first, eighteen hundred and ninety-eight, provided, however, that such bonds or stock shall not thereupon or thereafter be canceled except as herein otherwise specifically provided, but the same shall upon their maturity be paid off, •So in original. Eagle Library— THE CHARTER OF THE CITY OF NEW YORK liquidated or discharged in the same manner as they would be if held by private creditors, it shall ho 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, bonds and stock of any of the municipal and public cor- porations 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, providing said bonds and stocks are by law redeemable from the sink- ing- funds in which the same are held. It shall also he lawful for the commis- sioners of the sinking fund in their dis- cretion and they are hereby empow- ered 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 consti- tuted, 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 of 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 as here- inafter constituted, shall be adminis- tered by the commissioners of the sinking fund, in like manner as pro- vided 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 he applicable: provided, however, that nothing contained in said ordinance shall affect or alter the composition of the board of commis- sioners of the sinking fund, as by this act constituted. The rate of interest on all corporate stock, bonds or other obligations for the payment of money of whatsoever kind or description issued by The City of New York except certificates of indebtedness or ocher evidences of indebtedness, issued pur- suant to the provisions of section one hundred and eighty -seven of this act, shall be prescribed by the commis- sioners of the sinking fund. The com- missioners of the sinking fund may by resolution assign the places where the several municipal courts shall be held within their respective districts and 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 be held in and for the city: notice of any change of the places of holding such courts shall, be- fore the same takes effect, be pub- lished in the City Record and the cor- poration newspapers for a period of not less than two weeks. Said publica- tion shall be made under the direction of the comptroller. The commissioners of the sinking fund may by resolution designate from time to time any build- ing or buildings within the city to be the common jails of said city or of any of the counties contained within its territorial limits, for all the purposes for which common jails may by law be used, and such building or buildings so designated shall be such common jails until changed by a like resolution of the commissioners of the sinking fund. The sinking fund commissioners of The City of New York shall not have the power in any event to compromise or release any existing liability or obliga- j tion to The City of New York or to the, mayor, aldermen or c-oinmonalty of Tim City of New York, or to any of the ! municipalities or parts of municipali- j ties consolidated with the former city \ of New York, under the provisions of j chapter six hundred and forty-two of ! the laws of eighteen hundred and eighty-six or under chapter four hun- dred and thirty-four of the laws of eighteen hundred and ninety-three, but such liabilities and obligations shall be and remain inviolable. [As amended by Laws of 1913, chap. 250.] Powers of roniinissionrrs of sinking fund In r\olianse lands no longer used for imlilic purpose for other \ lands. I Sec. 205-a. The commissioners of the sinking fund are authorized by unani- mous vote except as otherwise specifical- ly provided in the Greater New York charter, subject, however, to the appro- val of the board of estimate and appor- tionment to bo given, as hereinafter pro- vided, upon the application of any de- partment board, body or officer of the city of New York, for or to whose use any lands of the city of New York have been acquired or assigned as provided in section two hundred and five of the Greater New York charter and upon the determination of said commissioners that such realty property of the city of New York as shall be specified i,n such appli- cation is no longer needed for depart- mental or public purposes, to exchange any such land with or without the im- provements thereon for other land of equal or greater value of private owners lying within the same borough of the city of New York, provided that the said com- missioners shall determine that such lands of private owners are needed for a public purpose. To determine the value of the land of the city of New York, and the land to be exchanged therefor, the said commissioners shall have such property of the city of New York and the property of the owners duly appraised by three discreet and disinterested ap- praisers to be appointed by the said com- missioners, said appraisers being resi- dents of the borough in which such lands are situated, and such appraisal shall be made w'ithin three months prior to the date of such exchange. Certified copies of the resolutions adopted by the com- missioners of the sinking fund together' with the reports and appraisals of the appraisers as herein provided shall be presented to the board of estimate and apportionment at its first meeting there- after, and if the board of estimate and apportionment, by a three-fourths vote, approves of the resolutions fnd action of the commissioners of the simeing fund authorizing such exchange, then and in that event such exchange shall be made, and the corporation counsel of the city of New York shall upon the direction of the said commissioners of the sinking fund by a resolution duly adopted and certified approve the form of all legal in- struments necessary on the part of the city of New York to effect such exchange in law. and the said commissioners shall I designate and authorize the proper officer to execute and deliver any and all legal j instruments necessary to effectuate such exchange as aforesaid. The land so acquired by the exchange shall be as- signed to the department requiring the use of the same upon proper application J therefor.— Added by Laws 1907, Chapter : 302. Power of commissioners of sinking fiiml to lease, or sell anil convey certain land under water. Sec. 205'- b. Notwithstanding any pro- vision of the Greater New York charter or of any other act. the commissioners of the sinking fund are hereby authorized in their discretion to lease or to sell and convey to the upland owner any of the land under water along the westerly- shore of the East River inside the bulk- head line between the northerly and southerly limits prescribed by chapter two hundred and cighty-six of the law# of eighteen hundred and eighty-nine.' — Added by Laws 1912, Chapter 400. The Sinking l'uml of the City of New York. Sec. 206. There shall be created a fund to b© known as the •’sinking fund of the city of New York," which shall have for its purposes 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 tor the payment thereof otherwise than from taxa- tion is made, and excepting revenue bonds, cer- tificates of indebtedness or other evidences of indebtedness. Issued pursuant to the provi- sions of section one hundred and eighty-seven of this act, serial bonds issued pursuant to th* provisions of section one hundred ami sixty* nine of this act, and corporate stock notes, tax notes or other obligations issued pursuant to the provisions of section one hundred ana eighty-nine of this act, and bonds issued to provide for the supply of water. For the re- demption of such debt out of said sinking fund there shall be annually included in the bud- get and paid into the sinking fund of the city of New York herein created, an amount to he estimated and certified by the comptroller, and to be by the board of aldermrn and the board of estimate and apportionment inserted in tin budget for each year, which with the accumu- lations of interest thereon shall be sufficient to meet and discharge such bonds or stocks by the time the same shall be payable; provided, however, that there shall be deducted from said amount, the amounts annually received from the operation of any rapid transit rail- road or railroads for the construction of which bonds shall have been issued pursuant to the provisions of the rapid transit act applicable to the city of New York or any municipal cor- poration or territory embraced therein. When- ever the bonds and stocks outstanding on De- cember 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 sink- ing fund, shall in respect to any such sinking fund be wholly discharged, liquidated or can- celed, it shall tnerenuon be lawful for the com- missioners 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-e'ght as may be held by such sinking fund, and the revenues 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, herein created. Whenever such pay- ments shall be made, the comptroller in mak- ing the certificate to the board of estimate and apportionment by this section required shall take into account the amount thereof, and deduct the .same from the estimated amount to be included in each year'* budget as herein provided. (As amended by Chapter 309, Laws of 1915.) Sinking; funds for redemption pur- poses to be continued. Sec. 207. The fund known as “the sinking fund of the City of New York for the re- demption 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 consoli- dated with the corporation known as “the mayor, aldermen and commonalty of the City of New York,” including the counties of Kings and Richmond, shall be con- tinued, aud the funds, moneys, revenues and assets heretofore pledged and appro- priated to each of said funds shall con- tinue 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 obli- gations outstanding on December thirty- first, eighteen hundred and ninety-seven, and redeemable therefrom, shall have been respectively canceled, liquidated, dis- charged and redeemed. Wherever, by ex- isting laws or ordinances, the duty is im- posed 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 tax- ation. 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 as hereby constituted, Is bv this act made liable, it shall be th© duty of the proper officers of the said City of New York in like manner to raise such amounts by taxation upoo the estates, Eagle Library-THE CHARTER OF THE CITY OF NEW YORK 33 rral and personal, subject to taxation in eight, shall be paid into the sinking fund for the ' redemption or the city debt, and the same is hereby, in addition to the reve- nues and moneys aforesaid pledged and ap- propriated to said sinking fund for the payment of the bonds and stocks of said city, to be paid and redeemed therefrom a 3 herein Drovided. Funds and revenues pledged lo re- demption of oily debt. Sec. 211. Between the city and its credi- tors, holders of its bonds and stocks as aforesaid, including the bonds and stocks of the municipal or public corporations or parts thereof consolidated with the corpo- ration known as tht- mayor, aldermen and commonalty 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 ■snd there is hereby declared to be a contract that the funds and reve- nues of the city, including all the corpo- rations last stated and said counties of Kings and Richmond, and the funds to be collected from assessments pursuant to said city. Sinking fill'd* orcatcil pnr*tinnc to <"i»ii*ti!iitiniinl requirements; Yvuter i sinking funil of Tlie City of New York . Sec, 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 ihe liquidation of the prio- ' cipal of the debt incurred by the City ot [ New York, as hereby constituted, on and \ after January first, eighteen hundred and ninety-eight, for the supply of water. The I funds known as the “sinking fund number j two of The City of New York,” the "water sinking fund of the city of Brooklyn,” and the sinking funds of each and every munici- I pal and public corporation or part thereof hereby made part of the corporation of Tue City of New York, including the counties of Kings and Richmond, created pursuant to the requirements of the constitutional amendment adopted November fourth, eighteen hundred and eighty-four, or of section ten of article eight of the consti- any law by this chapter pledged to the tution of the state of New York, shall be sinking ford for the redemption of the city continued, and the funds, moneys, revenues and assets heretofore pledged and appro- priated to each of said funds shall, except as herein otherwise specifically provided, continue to be severally and respectively so pledged and appropriated. It shall. - - ty 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 pro- vided. however, be the duty of the comptroller , of The City of New York, as soon as prac- .. Tt fn, ‘ d , for ,l,e reileinpti prac ticable after the passage of this act, to cause an examination to be made as ;o the condition of said funds, and if it ap- pears to him, and he shall so certify to the commissioners of the sinking fund, that said funds or any of them have been man- aged, invested and administered in the manner required by the provisions of the constitution of the state of New York as aforesaid, it shall be lawful for the said commissioners of the sinking fund, by con- current vote, to authorize and direct the amalgamation of said fund or funds with the water sinking fund of The City of New York, as hereby constituted. Sinking funds fur the payments of i n lerest. Sec. 209. The fund known as the “sinking fund of The City of New York for the pay- ment of the interest accruing and to accrue upon the stocks of said city until the same be fully and finally redeemed,” shall be continued, and after providing for the in- terest on the bonds and stocks now payable therefrom as provided by law, shall form a fund which shall be transferred to the "sinking fund of The .City of New York or the redemption of the city debt;” pro- vided, however, that nothing herein con- tained shall authorize the payment from said fund of any interest which may ac- crue on bonds to be issued by the corpora- tlie city il<- lit not to be alienated or impaired. Sec. 212. Nothing in this chapter con- tained shall be held to require or authorize the commissioners of the sinking fund to use or apply any part or portion of the ac- cumulations in said sinking fund for the redemption of the city debt or the reve- nues of said fund in any manner whatever, whereby the security of said fund for the payment of the bonds and stocks of the cor- poration known as the mayor, aldermen i and commonalty of The City of New York, for which said fund is now pledged by law, i and which are a charge on said fund, shall j be alienated or impaired, and the said bonds and stocks so secured by law are I hereby declared to constitute a" preferred j charge on said sinking fund until the same are fully and finally paid and redeemed. Commissioners May Call in Bonded Debt: Consolidated Stock ol' the City of N e tv York; Lien of, on Sinking Fund for tlie Redemption of tile City Debt. Sec. 213. The commissioners of the sink- ing fund are hereby authorized and em- powered to call in, pay, and redeem any portion of the bonded debt constituting a charge upon the treasury of The City of New York, as constituted by this act, _ . ether than revenue bonds, issued in an- tion of The City of New York, as hereby I titipation of the collection of laxes cer- exchanged for or redeemed from the pro- ceeds of said consolidated stock as in said section provided, may be paid from said sinking fund for the redemption of file said city debt, provided such payment shall not in any way impair the preferred claims thereon as in the preceding sec- tion specified, and provided also, the com- missioners of the sinking fund shall deem it to be for the best interests of the city that such payment shall be so made.— As amended by Chapter 683, Laws of 1910. Preferred bond* nnd stocks to be paid from tlie sinking fund for tlie redemption of the city debt. Sec. 214. From the said sinking fund for the redemption cf the city debt shall be paid and redeemed all preferred bonds and stocks of the mayor, aldermen and com- monalty of The City of New York, as by this title authorized. Disposition of certain assessments for local improvements. Sec. 215. The assessments made for local improvements prior to the ninth day of June, eighteen hundred and eighty, by the corporation known as the mayor, aldermen and commonalty of The City of New York, including assessments for improve- ments contracted 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. Said commissioners may, in their discretion, upon the written re- quest of the comptroller of the city, authorize the said comptroller to can- cel and annul any or all of such assess- I ments which may have been levied j against or be a charge against any real property now owned by the city, : and thereupon the said comptroller [ shall cause the records of all such assessments to be marked in accord- ance with such determination of said commissioners. [As amended by Laws of 1913, chap. -33.] Alteration of rates prohibited; the general fund. 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 oi the corporation of The City of Ne.v tificates of indebtedness or other evi- dences of indebtedness, issued pursuant to the profusions of section one hundreu Sec. 216. It shall not be lawful for The City of New 5 ork to make or cause to be made, any alteration of rates or charges affecting any item or source of the reve- nues of any of the sinking funds ot said city, or of the general fund which may tend to a diminution of the receipts from such sources of revenue, or either of them, ex- cept that it shall be lawful for The City of New York to exempt places of public wor- ship from the payment of any fee for the construction of vaults under the sidewalk or in front thereof, and all the revenues of said corporation not by law otherwise specifically appropriated, shall, when re- ceived into the city treasury, be credited to the general fund; except such proceeds o: policies of insurance as shall be au- thorized by the board of estimate and ap- and eighty-seven of this act, when 'they ! p . ortionment c ° be applied to repair, re- may deem it to be advantageous tor thl ! . re f°“ struc , t au . y P uoIic Property York, as hereby constituted, including the ! interest of the city so to do" and foi^t’-- i n - fured or destroyed and covered by such counties of Kings and Richmond, shall j purpose th? said commissioners of the il ‘ 5arance - empowered by | Applications likewise be continued, and any surplus i sinking fund, are lierebv tnat may remain therein after fully fying all claims. alls- • a concurrent vote, and subject to the au- Disposi t ion of certain moneys i eeiveil for local improvements. See. 210. All moneys now in the treasury dempuon of any portion of said bonded debt the certificates thereof shall be can- celed by said commissioners of the sink- ing fund. The “consolidated stock” of of the corporation known as the mayor, j the mayor, aldermen and commonalty of aldermen and commonalty of The City of | The City of New Y6rk, issued pursuant New York heretofore collected and re- j to the provisions of section one hundred teived in payment or on account of assess- ments made and confirmed for ioca! im- provements in said city, slid all moneys which shall hereafter be colie ed and re- ceived in payment or on account of assess- ments made and confirmed, or which may be made and confirmed, for local im- provement* in said city completed prior to June third, eighteen hundred and seveuty- and seventy-six of chapter four hundred and ten. of tlie laws of eighteen hundred and fightv-two. after fully providing foi the preferred bonds and stocks of said city, as in the preceding sec: ion specified, shall form a charge upon the said “sink- ing fund for the redemption of tlie city debt.” and any part of the bonded debt of said corporation falling due fop lenses for pul. lie purposes; statement by comptrol- cations to lease any poses of The City of f the counties con- territorial limits, in- cluding the premises required in accord- ance with law, for armories and drill room* and places of deposit for the safe keeping of arms, uniforms, equipments, accoutre- ment 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 comptroller, after due inquiry to be made by him, to present to the said commis- ?ione:= a statement, in w'ririug, of the facts '•e'uting to any real estate proposed to ba 1 --Fed. the purposes for which such lease is featured by the city, with his opinion, and the t-ea.-ons therefor, as to the fair and i reasonable rent of said premises. The said and not commissioners upon such report, and upo« Eagle Library— THE CHARTER OF THE CITY OF NEW YORK. f 34 tuch further inquiry ns they, in their dis- cr ''on, 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, except that a lease for an entire building intended to provide accommodations for more than one department of the city, may be made for a period not to exceed twenty- one years; but such lease shall not tie au- thorized except at a fair and reasonable 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. Without 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 occu- pation commenced. Cession of eertain lands to federal Koverninent to improve Harlem river. Sec. 218. The commissioners of the sink- ing fund, or the board of aldermen, are au- thorized to cede, grant and convey to the United States, upon such terms, and fo" such consideration as may be agreed upon by and between said commissioners of the sinking fund, or said board of aldermen 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 : ia . nn iha name year. iiec. 239 Repealed by Act of 1901. l'.xe!se moneys; turn appropriate)]. Sec. 240. Said board of estimate and ap- portionment is authorized, from time to time, in sums according to its discretion, by resolution of said board, to appropriate from excise moneys obtained from either 1 cal or state hoards or officers, for taxes or licenses for the sale of intoxicating li- quors, tn such benevolent or charitable in- stitutions in said city which shall gratu- itously aid. support or assist the poor thereof, as may seem to said board deserv- ing or proper; and the comptroller shail draw his warrants in favor of such insti- tutions respectively mentioned in such resolutions, according to the tenor thereof, and the chamberlain shall pay such war- rants out of the said moneys received for licenses. The term "poor." as used in this section, shall only include person? who would otherwise become a charge upon said city, as foundlings, orphans, or such prostituted or fallen women or juve- nile delinquents as may be committed ro or cared for gratuitously, in or by any ro- Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 39 ' Tormatory institution, protectory or juve- nile asylum, and persons who are sup- ported, relieved or cared for gratuitously, in or by any charitable institution for the care or relief of the rup- tured or crippled, 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 allowance for the poor and destitute persons actually supported, treated, cared for, or educated in the institutions re- ferred to in this section, except in the case of the American Female Guardian Society and Home for the Friendless, the Chil- dren’s Aid Society, and the Shepherd’s Fold of the Protestant Episcopal Church, which shall severally receive' only the 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 penal- ties and fines, recovered pursuant to sec- tions fourteen hundred and seventy-three, fourteen hundred and eighty-one and fourteen hundred and eighty-two of this act, and all moneys from licenses for amusements to whatever benevolent or charitable 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 author- ized and directed to draw his warrants in favor of the corporations, 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 penal- ties, fines and licenses. Appropriations for contesting- office to lie made for prevailing party only. Sec. 241. No appropriation or payment for the contesting of the office of mayor or any seat in the board of aldermen 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 writ- ten certificate of the chief officer of the law department. And of the presiding jus- tice of the appellate division of the first department of the supreme court certify- ing which is such prevailing party, and ice value of the services rendered in the case. In case an officer or clerk is ordered to be examined, in putsuance of law. the cor- poration counsel 3hal! assign some one from his department as counsel for the officer or cleric making an application therefor. Hoard of eMtiinute and apportion- ment; power* with respect to cer- tain subjects. Sec. 242. The board of estimate and ap- portionment shall nave power over the following subjects: (1) To appropriate, from time to time, for the maintenance, improvement and ex- tension of' the system of water supply of the borough of Brooklyn, the moneys re- ceived from water rent3 In the said bor- ough, subject, however, to the charges now imposed by law upon said revenue®. (2) To apropriate, from tile to time, for the maintenance of the New Yoik and Brooklyn bridge the moneys received from the revenues of said bridge. The board of estimate and apportionment shall have also (3) the control of all the streets, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parks, parkways, waterways, docks, bulk- heads, wharves, piers and all other public grounds and waters within or belonging to the city; except as in this act other- wise provided. The powers by this act granted to the board of aldermen with re- •pect to the s'reets, a.enucc, h l ~V. ay.?, boulevards, concourses, driveways, bridges, tunnels, parks, parkways, docks, water- ways, bulkheads, wharves, piers and pub- lic grounds and waters which are within or belong to the city shall be subject to such control of the board of estimate and apportionment. If and when the board of es- timate and apportionment shall deem it proper in the case of any application or matter affecting any street, avenue, high- way, boulevard, concourse, driveway, bridge, tunnel, park, parkway, waterway, dock, wharf, pier or public ground or water within or belonging to the city, whether the board of aldermen or any other de- partment or officer shall have acted or omitted to act, the board of estimate and apportionment may itself originally act or may, by amendment, revision or repeal of any resolution, ordinance, grant or other action adopted or had by the board of al- dermen or any other department or officer, exercise its said power of control; and if and when the board of estimate and ap- portionment shall so act or exercise such control, such action or control shall bs fully and finally operative, notwithstand- ing any resolution, ordinance, grant cr other action adopted or had by the board of aldermen or any other department or officer of the city cr any omission to act on the part of the board of aldermen or other department or officer. The board of estimate and apportionment shall here- after, except in the eases where franchises, rights or contracts shall be granted or au- thorized pursuant to the rapid transit act, chapter four of the laws of eighteen hun- dren and ninety-one, and the amendments thereof, have the exclusive power in be- half of the city to grant to persons or corporations franchises or rights or make contracts providing for or involving the oc- cupation or use of any of the streets, ave- nues, highways, boulevards, concourses, driveways, bridges, tunnels, parks, park- ways, waterways, docks, bulkheads, wharves, piers or public grounds or waters within or belonging to the city, whether on, under or over the surface thereof, for railroads, pipe or other conduits or ways or otherwise for the transportation of per- sons or property or the transmission of gas, electricity, steam, light, heat or power, provided, however, that no such ex- ercise of power by the board of estimate and apportionment shall be operative until the same shall be in writing approved by the mayor separately from and after the action of the board of estimate and ap- portionment; and provided, further, that this section shall not prevent the exer- cise by the board of aldermen of the pow- ers expressly granted it by sections forty- nine, fifty, fifty-one and fifty-two of this act, but such exercise of powers by the board of aldermen shall in every case be subject to the control by this act granted to the board of estimate and apportion- ment over all the streets, avenues, high- ways, boulevards, concourses, driveways, bridges, tunnels, parks, parkways, water- ways, docks, bulkheads, wharves, piers and all public grounds and waters, which are within or belong to the city. If and when the board of rapid transit railroad com- missioners of The City of New York shall, under any of the provisions of chapter four of the laws of eighteen hundred and ninety- one or of any of the acts amending the same, conclude or determine upon the con- struction of any rapid transit railway or railways or adopt any route or routes, plans or specifications therefor, or if and I when the said board cf rapid transit rail- road commissioners shall grant any right or rights, franchise or franchises or enter into any contract or contracts under any of the provisions of the said chapter four of the said laws of eighteen hundred and j ninety-one or any of the saitf amendments [ thereof, the said board shall transmit to the board of estimate and apportionment a copy of any and every such determina- tion or conclusion, grant or contract, and in case any such determination, conclusion, route, plan, specification, right, franchise, or contract, shall require or involve the use of any street, avenue, highway, boule- vard concourse, driveway, bridge, tunnel, --•■'c, parkway, K'«£?ra’5«, dock bulkhead, wharf, pier or any public ground or water which is within or belongs to the city, the said board of estimate and apportionment shall within sixty days after the receipt by it ot sech copy of such determination, conclusion, grant or contract determine whether or not it will, as the local au- thority having the control of such street, avenue, highway, boulevard, concourse, driveway, bridge, tunnel, park, parkway, dock, waterway, bulkhead, wharf, pier or other public ground or water which is within or belongs to the city, consent or refuse to consent to such route, determina- tion, conclusion, plan, specification, right, franchise or contract, and shall within such sixty days transmit in writing to the said board of rapid transit railroad com- missioners its said determination whether of consent or refusal. Provided, however, that the said board of estimate and ap- portionment and the said board of rapid transit railroad commissioners may by resolution adopted by each of them extend such period of sixty days. Hereafter no consent cr approval of any such determina- tion, conclusion, route, plan, specification, right, franchise or contract by the board of aldermen or any department or officer of the city shall be necessary. — As amend- ed by Laws 1905, Chapter 629. Ilciai'il of Estimate: Power to Itea- ulnte lleigrlit of ft nil <11 anf property and the cost the physical improvement shall be levied and collected with the taxes upon ihe i t al property in said borough or boroughs be- coming due and payable in the Near - in which the coat and expense of the improvement shall have been fixed and determined or in the next succeeding year. When the cost and expense • >f such an improvement which is thus to be levied and collected shall have been appor- tioned, fixed and de'ermined. tire comptroller of the oily of Sow York shall certify to the board of assessors, the department of taxes ami assessments and such other boards, de- partments and officers as may be necessary, the amount to be collected and the area upon which such cost and expense is to be imposed. When the board of estimate and apportion- ment shall have determined that all or any I part or portion of the* cost and expense of any such improvement shall be levied and collected with the annual taxes as above provided for, then all provisions of law with reference to tin- Imposing, levying and collecting >e In- clmled in annual estimate. See. 24S. The board of estimate and ap- portionment shall, in addition to such other amounts as it is required by law to pio- vide and as in its discretion it provides for public purposes in the city of New \ ork and the several counties wholly contained in its territorial limits, annually include in its tinal estimate the following' sum, which shall annually he raised anil appropriated. A sum equal to so much of the deficiency on the preceding first day of January, in the product of taxes theretofore levied and deemed by the board to be uncollectible, as shall not have been provided for in prior tax levies nr by the issue of corporate stock o' the city of New York, or by such cor- porate stock uuly authorized by said board lo be issued. The board of estimate and apportionment shall have the power, upon the advice off the corporation counsel with the concur- rence of the comptroller, to direct the re- ceiver of taxes to cancel of record all per- sonal assessments the tax of which the said hoard shall determine to be uncollectible, and to mark the records in the office of the comptroller in accordance therewith, which said uncollectible taxes shall no longer be deemed or carried as an asset of the J city of New York To carry into effect ‘he provisions of this act, the corporation counsel slip':, from time to time, prepare and submit to said board a statement in such detail as may be nec- essary to enable said board to make th> determination herein provided for. »s amended by Chapter (101 . haws nf lUl.'i.i Attgregale il mount n |> no r 1 1 <> n oil to lie I'lrtitleil to lion of aldermen anil raised. See. 240. The aggregate amount estimated by the board of aldermen and tile heard of estimate an apportionment, in the annual budget, shall be certified V>.v the comp- troller to the board of aldermen; and it shall be the duty of said board of aider- men and they are hereby empowered 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 Xew York. Ills amo un t uq pgrtiflg/1 p ^ 2?ci’9£2 ' J_, CI-IAPTER VII. I. AAV .DEPARTMENT. Corporation counm- 1 to lie (lie Ik- ml of tli«* law department ; duticNi salary . Sec. 255. There shall be a law depart- ment of The City cf 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 board of aldermen and each an 1 every officer, board and department of sai 1 city, except as otherwise herein provided. 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 cor- poration and its departments and boards, and of all law business in which The Oily of New York is mterested, except as other- wise herein provided. He shall have charge and conduct of the legal proceed- ings, necessary in opening, widening, alter- ing and closing streets, and in acquiring real estate or interests therein for the city by condemnation proceedings, 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 ap- prove as to form all such contracts, leases, deeds, bonds and other legal papers; pro- vided, however, that he shall not institute any proceeding for acquiring title to real estate by condemnation proceedings, ex- cept for opening streets, unless the same shall have been approved by the board of estimate fid apportionment upon a state- ment to be furnished said board of the valuation cf such real estate as assessed for purposes of taxation; and provided, further, that the board of estimate and aopor*. ionment shall have power by a ma- jority vote to direct such changes to be made in the forms of contracts and speci- fications as may seem to promote the in- terests of the C'ty. He shall be the legal adviser of the mayor, the board of aider- men, the presidents of the boroughs and the various departments, boards and offi- cers, except as otherwise herein provided, and it shall be his duty to furnish to the mayor, the. board of aldermen, the presidents of the boroughs and to every department, board and officer of the city all such advice and legal assist- ance as counsel and attorney in or out of court as may be required by' them or either of them, and for that purpose the corporation counsel may assign an assist- ant or assistants tp any department that he shall deem to need the same. No of- ficer, board, or department, of the city, unless it be herein otherwise especially provided, shall have or employ any at- torney or counsel, except where a judg- ment or order In an action or proceed- ing may affect him or. them individually or may be followed by a motion to commit for contempt of court, in which case he or they may employ and be represented by attorney or counsel at his own or their own expense. The corporation .counsel, except as otherwise herein provided, shall have the right to institute actions in law or equity, and any proceedings provided by the code of civil procedure or by law iii any cou>-t, local, state or national, to main, tain, defend and establish the rights, in- terests, revenues, property, privileges, franchises, or demands of the city or of any part or portion thereof,, or of the peo- ple thereof, or to collect any money, debts, fines or penalties or io enforce the laws and ordinances. He shall not be empower- ed to compromise, settle or adjust any rights, claims, demands or causes of actio it in favor of or against The City of New’ York; provided, however, that this inhibi- tion shall not operate to limit or ^bridge the discretion of the corporation counsel in regard to the proper conduct of the trial of any proceeding or action at law. or to deprive said corporation counsel of the powers or privileges ordinarily exer- cised, in the course of litigation by attor- neys-at-law when acting for private client*, lie shall not permit, offer or confess any Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 42 Judgment against the city, or accept any offer of judgment in favor of the city without the previous written approval of the comptroller; and in case of any claim tor a money judgment exceeding ten thou- sand dollars, or for relief other than in the nature of a money judgment, the pre- vious written approval of the mayor shall be also necessary. Corporation counsel's power of ap- pointment. Sec. 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 du- ties of the law department, and he may ap- point and at pleasure remove such clerks, assistants and subordinates as are requi- site to the discharge of the business of the department, giving to his appointees such titles or designations as he may deem appropriate for their services, respectively. The corporation counsel may also appoint and at pleasure remove a first assistant corporation counsel who shall during the absence or disability of the corporation counsel possess all the powers and perform all the duties of the corporation counsel. In the event of the death of the corpora- tion counsel said first assistant shall act as corporation counsel until the appoint- ment and qualification of the successor to such deceased corporation counsel. Any assistant corporation counsel shall, in ad- dition to his other powers, possess every power and perform all and every duty be- longing to the office of the corporation counsel, or so much of such duties as the corporation counsel may deem it neces- sary to delegate whenever so empowered by said corporation counsel by written au- thority, designating therein a period of time, not extending beyond three months, nor beyond the term of office of said cor- poration 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 de- partment, and may be revoked at any time. Neither the corporation counsel nor any of his assistants shall appear as at- torney or counsel in any action or liti- gation except in the discharge of his offi- cial duties, nor accept an appointment as referee or receiver in any action or pro- ceeding, but the corporation counsel may in his discretion appear or direct any of his assistants so to do in any action or proceeding, criminal or civil, brought against any officer, subordinate or employee in the service of The City of New York, or of any of the counties embraced therein, by reason of any acts done or omitted while in the performance of his duty by such officer, subordinate or employee, whenever said appearance is requested by the head of the department, office or bureau in which said officer, subordinate or employee is employed. — As amended by Laws 1905, Chapter 525. Brandt offices. See. 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. Bureaus. Sec. 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 dis- charge 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 cor- noration counsel of such legal proceedings to open, widen, alter or close streets and parks, and to acquire title to or extin- guish interests in real estate therefor, and of all such other proceedings involv- r.g awards for damages or assessments for benefit to lands, tenements and heredita- ments as may be assigned to it by the corporation counsel. The corporation counsel shall appoint and remove, at will, the head of said bureau and all other em- ployees thereof, and shall regulate their salaries and compensation. The assistants to the corporation counsel assigned to such bureau, shall conduct in his behalf, also act as clerks to the commissioners of estimate or the commissioners of estimate and assessment rn all such proceedings without compensation therefor other than their salaries. Such bureau shall furnish 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 preliminary abstracts of estimate or of estimate and assessment, and their final reports for presentation to the supreme court for confirmation. The compensation of the head of said bureau and of all other employees thereof, and all the legal costs, charges, expenses and dis- bursements incurred by said bureau on ac- count of such proceedings, shall be di- vided proportionately, as nearly as prac- ticable, to the services rendered or ex- pense incurred in each of said proceed- ings, and shall be included in the as- sessment for benefit to be imposed by the commissioners of estimate or the commis- sioners 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 man- ner now provided by law for the taxation of such costs, charges, expenses and dis- bursements; but the compensation of the employes of said bureau aud 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 payrolls and vouchers duly certified by the corporation counsel. The assistant clerks or other ap- pointees, of this bureau, engaged in the transaction of business or duties pertain- ing to the borough of Brooklyn, may have their office in the borough ball 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 ap- pointees 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. Division of real estate. Sec. 258-a. There shall be n division in the bureau of street openings known as the “Division of Real Estate.” and it shall have charge under the direction of the assistant corporation counsel in charge of the bureau of street openings, of all conveyances of lands in streets under section nine hundred and ninety- two and nine hundred and ninety-four of the charter; as well as the examination of the title of ail land conveyed, ceded or given to the city. The corporation counsel shall appoint or designate one of his assistants as head of said division, with such clerks, title examiners, and other employees as may be required, and he shall fix and regulate the salaries of all employees of this division. Salaries of all said employees shall be paid by the city of New York.— Added by Laws 1912, Chapter 135. Bnrcau for recovery of iirnnltie*. Sec. 259. There shall be a bureau in the law department for the recovery of penal- ties for the violation of any law or mttni- cipal ordinance, to be called the "bureau for the recovery of penalties.” All actions for such recovery shall be brought in the name of The City of New York, and not in that of any department, except where otherwise provided by this act. The as- sistant corporation counsel assigned to this bureau in the main office, or in the branch office located in any borough, shall not re- ceive for his own use any fees or emolu- ments 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. A statement of the costs, commissions, fines and pen- alties collected, shall be published in the City Record monthly. All fines or mon- eys, from whatever source, received by the head of this bureau, shall be paid into the treasury of the city, except as otherwise specifically provided by law. The assist- ant corporation counsel assigned to this bureau in the main office, or in the bTancn office located in any borough, subject only to the approval of the corporation coun- sel, may settle, compromise, adjust, or dis- continue, any action brought to recover a penalty in the name of The City of New Tork or any department, board, bureau, or officer thereof provided that the pen- alty sued for does not exceed the sum of one hundred dollars. Bureau for collection of arrears of personal taxes. Sec. 260. There shall be a bureau in the Jaw department for the collection of ar- rears of personal taxes to be called the “bureau for the collection of arrears of personal taxes.” The assistant corporation counsel assigned to this bureau shall give a bond to The City of New York, with one or more sureties, to be approved by comp- troller and corporation counsel, in tho penal sum of ten thousand dollars, condi- tioned 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. Presentation of claims to be pleaded, Sec. 261. No action or special proceed- ing, for any cause whatever, shall bo prosecuted or maintained against the city of New York, unless it shall appear by and as an allegation in the complain; or necessary moving papers that at lease thirty days have elapsed since the de- mand, 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 ne- glected or refused to make an adjustment or payment thereof for thirty days after such presentment; and in the case of claims against said city, accruing after the passage of this act, for damages for injuries to real or personal property, or for the destruction thereof, alleged to have been sustained by reason of the neg- ligence of, or by the creation or mainte- nance of a nuisance by, said city, or any department, board, officer, agent or em- ployee thereof, no action thereon shall be maintained against said city unless such action shall be commenced within one year after the cause of action there- for shall have accrued, nor unless notice of the intention to commence such action and of the time when and place where tile damages were incurred or sustained, together with a verified statement show- ing in detail the property alleged to have been damaged or destroyed, and the value thereof, shall have been filed with the comptroller of said city within 9ix months after such cause of action shali have accrued. — As amended by Laws 1912, Chapter 152. .Invisdietion of actions against tlic ell y. Sec. 262. All actions wherein The City of New York is made a party defendant shall be tried in that county 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 pro- •i led by lav,. Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 43 Service of process. Sec. 263. All process and papers (or the commencement of actions and legal pro- ceedings against The City of New York shall be served either upon the mayor, the comptroller or the corporation coun- sel. Issuance of exeention. Sec. 264. No execution shall be issued upon any judgment recovered against The City of New York until after ten days’ notice, in writing, of the recovery of su.'it judgment shall have been given to the comptroller. Bills of costs in condemnation pro- ceedings. Sec. 265. No bills of costs for fees of commissioners in and about special pro- ceedings instituted for the acquisition of the title to lands required by The City of New York for public purposes, shall, un- less the same be payable by law from the fund for street and park openings, be taxed by the supreme court prior to the confirmation of ihe report of the com- missioners appointed in such proceedings. — As amended by the Laws of 1902, Chap- ter 84. and to provide for the payment of the in- creases, If any. which may he made In the salaries of the police com miss. oner, the first deputy commissioner, the second deputy com- missioner, the third deputy mmm.ssioner and the fourth deputy commissioner dur.ng the current fisciii year. (As amended by chapter 104, laws of 1015.) Police commissioner; authority. Sec. 271. The said police commissioner shall have cognizance and control of the government, administration, disposition and discipline of the said police depart- ment. and of the police force of said de- partment. Id.; to make mill enforce rules anil regain lions. Sec. 272. The said police commissioner 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 ot all powers conferred by law, and the performance of all duties imposed by law upon the said commissioner or the said department, or upon any part of or person in said department. But said commission- er shall do no act which is contrary to or inconsistent with this act. CHAPTER VIII. POI.TCFl DFIPARTIIENT. Police commissioner; salary; dep- uties; salaries, ete. Sec. 270. The head of the police department shall be called the police commlss.oner, who shall be appointed by the mayor, and shall, unless sooner removed, hold o.bc? for the tetni of five years, and until his successor shall be appointed and has qualified. The said ont- niissioner may. whenever, in ihe judgment of the mayor of eaid cry or the governor. Ihe public interests shall so require, be tenmved from office by either, and shall be ineligible for reappointment thereto. The successors In office of the said commissioner shall also be appointed by the mayor of the city within ten davs af.er any vacancy shall occur, and shall Ite removed by either the mayor or gov- ernor whenever the pub ic interests so reojlre. The salary of said police commissioner shall be seventy-five hundred dollars a year. The said commissioner shall have the power to ap- point. from the citizens of the United States and residents of the said city, and at pleasure remove, five deputies, to be known as first deputy commissioner, second deputy commis- sioner. third deputy commissioner, fourth dep- uty commissioner and fifth deputy commis- sioner. The first deputy commissioner shall, during the absence or disability of ihe com- missioner. posserj all the powers and perform ell the duties of the commissioner except the power of making appointments and trattsfers. In the absence or disability ot both the com- missioner and the first deputy commissioner, the second deputy commit- sioner shall possess all the powers and perform all the duties of the commissioner except the power of mak- ing appointments' and iransfe-'. In the absence or disability of the commissioner, the first deputy commissioner anc. the second deputy comm ssloner. the third ! deputy eotimtise oner shall possess all the pow- ers and perf trm all the (lutes of the commis- sioner except the power of making appoint- ments and transfers. In the absence or ti sa- billt.v of the commissioner, the first deputy commissioner, the second deputy onmm'ssloner and the third deputy commissioner, th- fourth deputy cotnm'ssioner shall possess all the pow- ers and perform ail the duties of th- com- missioner except the power of . making appoint- ments and transfers. In the absence cr disa- bility of the commissioner, the first deputy commissioner, the scoot d d-puty commissioner, the third deputy oomnVssinrer and th? t-uirth deputy commissioner, the fifth deputy com- missioner snail possess .-ill the powers anti perforin ail the .in'ies of the commissioner ex- cept the power of maiung appointments and transfers. The commissioner shall define the duties of the deputy commissioners, and may delegate to eiiner of them any of his powers except the power of making appointments and transfers. The board of estimate and appor- tionment may from time to time, in its d. sore- lit, n, fix the salaries of the police commis- sioner. the first deputy commissioner, the sec- ond deputy commissioner, the third deputy commissioner, the fourth deputy commissioner end the fifth deputy commissioner, or the salary of either of them, The comptroller of the city of New York is ltereby authorized and directed to issue special revenue bonds under the provisions of section one hundred and eighty-eight of chapter four hundred and sixty-six of the laws of nineteen hundred and one In an amount sufficient to provide for the payment of the salary of the fourth deputy commissioner during the current fiscal jea e. Bonrds anil officers abolished and forces consolidated. Sec. 273. Except as herein otherwise expressly provided, the police department, the board of police and the offices of the police commissioners of The City of Now York, provided for by (he New York City consolidation act of eighteen hundred and eighty-two, and the acts amendatory thereof, the office of commissioner of po- lice and excise of The City of Brooklyn, the board of police commissioners for Long Island City and the board of com- missioners of police for the county of Richmond are hereby abolished. The re- spective police forces and departments heretofore existing in the said cities and the said county, including the park po- lice of the mayor, aldermen and common- alty of The Citv 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 con- stituted. controlled and administered as provided In thi^ chapter. Police dPitnrtinonti powers anil au- thority transferred to. Sec. 274. All the rights, powers, au- thority, duties and obligations, imme- diately heretofore by law vested in or im- posed upon the police departments, or either of the boards or commissioner.-! mentioned in the last above section, shall forthwith by force of and as an effect of this chapter be transferred to and con- tinue 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 commis- sioners ot 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 Brooklyn bridge, shall forthwith, by force of. and as an effect of this chapter be transferred to and continued in the police department created by this act, except in so far as the same shall lie contrary to or inconsist- ent with the provisions of this chapter. Property to vest In The Cify of \ew lurl, mill be nisi imueil by police ilepn rtmenti Sec. 275. All money, funds and prop- erty, and all rights and title to and in- terest in, and possession of and control over and all rights to the use and posses- sion of any moneys, funds or property, which when this act takes effect, shall be vested in, held or exercised by the de- partment, or either of the boards or com- missioners. mentioned In section two hun- dred and ssv.ar.ty-tUrT-i ai thla ctct, or | which shall then be applicable to. or used for tiie purpose of. or in the maintenance of. cr in connection with the functions or- duties rf either of the respective police forces appointed by the commissioners of public parks in The City of New York, the department of parks of the city of Brooklyn, or the said trustees of the New York and Brooklyn bridge, shall forth- with 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, controlled, 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 cr applied ■•> any purpose different i-i kind from thac for or to which the same might thereto- fore have been lawfully used cr applied, until such different use or application shall first have been lawfully authorized Police force; composition. i Sec. 276. Until ot...rwise provided by the board of estimate and apportionment, I upon the recommendation of the mayor j and the police commissioner, the police ! force in the police department created by this chapter, shall consist of the follow- ing members, to wit: Captains of police, not exceeding in number one to each fif- I ty of the total number of patrolmen, ex- I cept in the rural portion cf the city, in j addition to the number detailed to act as inspectors, as hereinafter provided: [ lieutenants of police, not exceeding four in number to each fifty of the total num- j her of patrolmen: sergeants not exoeed- | ing four in number to each fifty patrolmen: the members of the tele- | graph force as specified in section two hundred and seventy-seven of this act, the telegraph operators to rank as lieutenants of police; the superintendents arid inspectors of boilers as specified in oeotion three hundred and forty-two of this act: surgeon of police, not exceeding forty in number, one of whom shall be chief surgeon; and patrolmen to the | number of seven thousand eight hundred and thirty-nine. The deputy chiefs of po- lice who shall have been in said office | prior to April twenty-second, nineteen hundred and one, shall become captains cf police, with the salarie.s of deputy chiefs, and the rights granted to deputy chiefs in respect to the relief pension fund. The rank or grade of inspector of | police is hereby abolished and the in- j spectors of police who hold such office when this act takes effect shall become j captains of police with the same salaries I and the same right - in respect to the re- lief pension fund a inspectors of police were entitled to on the first day of February i t the year nineteen hundred and seven. Those members of the police force who have heretofore been desig- nated as sergeants of police shall here- after be designated as lieutenants of po- lice, and tnose members of the police force who have heretofore been designated as roundsmen shall hereafter be desig- nated as sergeants. This change in the designation of ranks or grades shall in no way affect the respective rights as to pay and pension of those members of the police force in those ranks or grades which are hereby renamed. The rank or grade of doormen of police its abolished and the doormen ol police now in office shall become and have all the rights and j privileges of patrolmen. Time served us | doormen shall for all purposes count an if served as patrolman. — As amended | Laws 1912, Chapter 449. Cliicf lineman of police department; compensation. Sec. 276a. There is created In the tele- graph force of the police department an officer to be known as chief lineman or foreman of construction of telegraph, to be selected from among the members of the uniform force of roundsman, patrol- man or doorman and lineman, who were serving In that capacity on January first, eighteen hundred and ninety-eight, said chief lineman cr foreman of construction 44 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK to be selected and appointed after an open | and competitive examination as required I by section three hundred and four of the Greater New York charter, and shall be subject to all rules and regulations gov- erning the other members of the force*, and shall be entitled to all benefits and privileges heretofore extended to each member of the force with regard to a pension, and shall not be removed or dis- missed except in the manner prescribed for other members of the force, and the time now served in said force as far as relates to a pension shall count and con- tinue as chief lineman or foreman of con- struction. The salary of chief lineman shall not be less than twelve hundred dollars nor exceed fifteen hundred dollars per annum.— Added by Laws 1904 Chapter 732 . Transfers of Members of the Pol lee Force of the Boa"d of Water Supply to the Police Department of The City of >'erv York. See. 27G-b. The members of the police force of the board of water sup- ply of The City of New York, upon the termination of their service on such force by reason of the comple- tion of the work for which they were appointed by said hoard of water sup- ply, shall be severally eligible for transfer to the position of patrolman in the police department of The City of New York, upon the written re- quest is each case of the boaid of water supply, accompanied by the consent, also in writing, of the person to be transferred, and the further con- sent of the police commissioner of The City of New York. The time served us a member of said board of water supply police force shall be included and counted as service in the police department of The City of New York, in determining salary and eligibility for advancement, promotion, retire- ment and pension as hereinafter pro- vided, provided, however, that no per- son becoming a member of the police department of The City of New York in the manner herein provided, shall be entitled to participate in the bene- fits of the relief or pension fund of the police department, unless he shall pay into such fund the total sum that he would have been required to pav in older to participate therein li.'tu he been a member of such force from toe time he entered the service of such board of water supply, and provided further, that no person not a member of the police force of the board of water supply at the time this act shall talce effect shall he eligible for trans- fer to the position of patrolman in the police department of The City of New York in accordance with the provisions of this act. The provisions of this act shall not he subject to any restriction relative to transfers con- tained in the civil service law or in the rules and regulation of the civil service commission of the state, or any subdivision thereof— As added by Laws of 1914, Chapter 424. Id.; members of former force* in ,\ew York city tru inferred. Sec. 277. The members of the police force of The City of New York and the members of the police force appointed by the commissioners of public parks in said city, as said forces are provided for bv sections two hundred and sixty-five and six hundred and ninety of the New York city consolidation act of eighteen hundred and eighty-two, and by the statutes amendatory of and supplementary to said sections, who shall be such members of said forces respectively when this act takes effect, shall be members of tbe po- lice force specified in section two hundred and seventy-six of this act. The em- ployes of the telegraph force of the po- lice department,, of the mayor, aldermen and commonalty of The City of New York who are in office wren kit nel takes effect, shall take the s ' : - A in the police force specified in section two hun- dred 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 other- wise ordered by the police commissioner, the superintendent of telegraph of the po- lice 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 ttiis act: and the deputy superintendent of tele- graph of the police force of said, the may- or, aldermen and commonalty of The City of New York, shall be deputy superintend- ent of telegraph in the central office in the borough' cf Manhattan; and the super- intendent of telegraph of the police force of the city of Brooklyn shall be superin- tendent of police telegraph for the bor- ough of Brooklyn. Id.; member* of former forces in II root I .i n * rnnsferred. Sec. 278. The superintendent and dep- uty superintendent of police, and each in- spector, captain, sergeant, detective-ser- geant. roundsman, patrolman, doorman, bridge-keeper, police surgeon, superin- tendent of telegraph and telegraph opera- tor. who is, when this act takes effect in, of, or attached to the police force of the city of Brooklyn, or the police force ap- pointed by the department of parks of said city, or the police force appointed by the board of trustees of the New Yorl; and Brooklyn bridge, pursuant to section eight cf chapter three hundred of the laws ( f eighteen hundred and seventy-five, and the acts amendatory thereof, or supple- mentary thereto, shall be members of the police force specified in section two hun- dred and seventy-six of this act. Id.; members of former force in l.ong Island City transferred. Sec. 279. The lawfully appointed cap- i tain, sergeant and patrolmen of the police ' force of Lcng 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. Id.; members of former force in Richmond county transferred. Sec. 280. The captain and each ser- geant, roundsman and patrolman of the police force of the county of Richmond, or of any town or village in that part or 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 commissioner; authority oyer members transferred by pre- ceding sections; rank of trans- ferred members. Sec. 281. Tlie police commissioner cre- ated 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 sev- enty-seven, two hundred and seveuiy- eiglit. two hundred and seventy-nine and , two hundred and eighty of this act. and i over their tenure of such membership an I removal therefrom, as the said commis- sioner shall have over the members of said force, appointed thereto by him 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. I'ntil by said -commissioner otherwise provided thr rank, title, duties, poweis and place o’ service of said transferred members shad be the same as they were in the police , force to which they belonged before this act took effec-t. Id.; a tilltorl 1 y iner employe* of for- mer board*; (In lie* nml xnlnrle* of Miieli employe*. See. 282. All clerks, matrons, secre- taries, and tuber subordinates, assist- ants and employes attached to. or in thp service of the department or either of the boards or commissioners specified in sec- tion two hundred and seventy-three of t If is act, until it shall be otherwise pro- vided by the police commissioner created by this act, shall perform like services and duties and receive therefor the same salaries or compensations as they per- formed and received respectively prior to this act taking effect. But such clerks, matrons, secretaries, and other subordin- ates, assistants and employes, their serv- ices, duties, salaries or compensations, tenure of and removal from their position* or employment shall in all respects be subject to the control and authority of the police commissioner created by this act. Id.; power to appoint and remove member* and employes; salnrle* and line*. Sec. 283. Subject to the powers by this I act conferred on the board of estimate and apportionment and the board of al- dermen of The City of New York, and to such other provisions of this act as may limit their power in the premises, the po- - lice commissioner created by this act shall have power to appoint and remove as hereinafter provided the members of tlie police force specified in section two hundred and seventy-six of this act, and also such clerks, police matrons, secre- 1 taries and other subordinates, assistants | and employes as may be reasonably neces- sary to the proper performance of the duties and execution of the powers and ; functions of the police department cre- ated by this act, or of any of the com- ponent parts thereof, and to prescribe their respective ranks and duties. The salary or compensation of members of the police force shall he subject to all fines, penalties, forfeitures and deductions law- fully imposed for cause. Police force; (|iiu lillca lion* of mem. her*; publishing; name* and resi- dence of applicant* and appointee* Sec. 2S1. No person shall be appointed [ or reappointed to membership in the j police force or continue to hold meinber- | ship therein, who is not a citizen of tlie United Slates or who has ever been con- victed of felony, or who cannot read and write undcrstandingly the English lan- guage, or who shall not have resided within the state, one year next preceding his appointment, but skilled officers of experience may be appointed for detec- tive duty w'ho have not resided as herein required. No person shall be appointed j patrolman who shall be at the date of tlie filing of his application for civil serv- ice examination over twenty nine years of :ge; no person shall be appointed doorman who shall be at the date of plac- ing his name on the civil service eligible list over thirty-five years of age; and no person who shall have been a member of the force, and shall have been dismissed therefrom, shall be reappointed. The name, residence and occupation of each applcant for appointment or reappoint- ment to any position in the police de- partment. as w'eil as the name, residence and occupation of each person appointed io any position, shall be published, and such publication shall, in every instance, be made, on the Saturday next succced- -ng such application, or appointment, in the Oitv Record. Preliminary to a per- manent appointment as patrolman there shall be a ppriod of probation for such rime as is fixed by the civil service rules, and no person shall receive a permanent appointment w'ho has not served the re- miired probationary period, but the serv- ice during probation shall be deemed to be service in the uniformed force, if suc- ceeded by a permanent appointment, and ns s lT ch shall be included and counted In determining eligibility for advance- ment, promotion, retirement and pension, as hereinafter provided. — As amended by | Laws 1912, Chapter 4Sfi. Id.; warrant of a ppolnt meat ; onfli. Sec. 285. Every member of the police i force shall have issued to bln:. by the - r z- Eagle Library— -THE CHARTER OF THE CITY OF NEW YORK 45 II cc department, a proper warrant of ap- pointment, signed by t lie police commis- sioner and chief clerk or first deputy clerk of said department or of the police com- missioner, which warrant shall contain the date of appointment and 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 depart- , ment who is empowered to administer an oath. Sees. 2S6 and 2S7. Repealed bv Act of 1901. Promotions In Police Force. Sec. 2SS. Promotion? of officers and mender? of the police force shall be made by th- police commissioner, as provided in section one hun- dred and' twenty-four of this act, on the li.i-i? , of seniority, meritorious police service and superior (rapacity, as shown by competitive ex- amination,' lint no detail to act as inspector, ot- to service in the dete.-tive bureau, as herein- after provided, shall be deemed a promotion. Individual acts of personal bravery may be treated as an element, of meritorious service in such examination, the relative rating therefor to be fixed by the municipal civil service com- mission. The police commissioner shall trans- mit to the municipal civil service commission in advance of such examination tire complete record of each candidate for promotion. Sergeants .-ball lie selected from among patrolmen of the first grade. Lieutenants of police shall be selected from among sergeants who shall have served at least two years continuously as sucli. Captains shall be selected from among lieutenants of police who shall have served at lea?t three years as such . The police commissioner shall, in the exercise of his discretion, from time to time detail nineteen captains to act as inspectors, wirli the. title while so acting of inspectors of police, and at his pleasure may revoke any oi all such details. While so detailed such officer shall receive a salary at the rate of seven hun- dred and fifty dollars a year in addition to t lie amount of salary which regularly attaches to the office of captain. When a rap’tain shall have acted under regular detail as inspector dur- ing a period or periods aggregating five years, spelt officer shall have the same rights in respecr lo flu- relief pension fund as were vested by law in inspectors of police on the first day of February in the year nineteen hundred an 1 seven : provided, however, that when the com- missioner designates a captain to act in the place of a captain under regular detail as in- spector. during the temporary absence or dis- ability of the latter, the officer so designated shall not be entitled to any additional salary, and the period of such designation shall not be counted in bis favor in computing such five- year period. A captain, while detailed to act as inspector, shall lie chargeable with and re- sponsible for the discipline and efficiency of the force under his command.— As amended bv Laws of 101G. Chap. Cll. I<1.; increase of. Sec. 2S9. Tbe police commissioner 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 board of aldermen shall have previously made an appiopriation for that express purpose: The board of estimate and ap- portionment and the board of aldermen may include in the annual budget from year to year, and the comptroller shall certify, as required by law. to the board o: aldermen and the board of aldermen shall include in the annual tax levy an amount sufficient, to provide for ihe com- pensation of the additional patrolmen authorized lo be appointed pursuant to 1 the provisions of this section. — As amend- < ed by Laws 1904, Chapter 33S. l«l.; control office bureau of cleleo- i i \ OH. Sec. 230. The central office bureau of detectives heretofore existing pursuant to | this section, as revised and re-enacte 1 I by chapter four hundred an-i sixty-six of I the laws of nineteen hundred and one, «uc1 the rank or grade of detective ser- I geant in the police force are hereby abol- I ished. But the persons holding the posi- I lion of d-tective sergeant when this act I takes effect shall remain member? of the | force with the rank of lieutenants of I police and shal' retain all their rights a-' I to pay and pension or otherwise as estarj- , 1 ished by taw on the first day o’ February I in the year nlne'een hundred an I seven and any su> h person whose name Is on an ei glbl* list, when th'? act Like? effe t ♦ hall not be deprived of his eligibility for promotion a qu.rcd thereby. The pol.ee commissioner shall organize. and maintain a bureau for defective purposes to he known as the detective bureau. The po- lice commissioner shall, from time to time, detail to service in said bureau as many members of the force as he may deem necessary to make the bureau effi- cient, and may at any time revoke any such detail. Of the members of the police force so detailed the police commissioner may des.gnate not exceeding one hun- dred and fifty in number as detectives of the first grade, who while performing duty m said bureau, and while , so desig- nated as detectives of the first grade, shall be paid .the same salary as lieuten- ants of police under this chapter, but the police commissioner may at his pleasure revoke any such designation. The per- son who may be assigned by the police commissioner to the command of said bureau while acting in such capacity shall receive the same salary as a captain de- tailed to act as inspector. Any member of the force detailed to said bureau while so detailed shall retain his rank in the force and shall be eligible for promotion the same as if serving in the uniformed force, and the time during which he serves in said bureau shall count for all purposes as if served in his rhnk or grade in the uniformed force. The headquar- ters of said bureau shall be at police headquarters in the borough of Manhat- tan. A branch office shall be maintained in the borough of Brooklyn. Other branch offices may be maintained in- such places as the commissioner may de- termine. — As amended by Laws 1907, Chapter 160. No member of department to be 1 n - terested in other offiee. Sec. 291. Any police commissioner, or any member o£ the police force, who shall, after qualifying in office-, 1 accept any ad- ditional 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 lo have resigned his commission and to have va- cated his office, and ali 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. Police commissioner- duties and powers. Sec. 292. The police commissioner shall be the chief executive officer of Ihe po- lice 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 dut-' the officers and members of the police force, and shall have power to change, such as- signments from time to time, whenever. . in hi s judgment, the exigencies of the service may require such change, lie shall have power io suspend without pay . pend- ing the trial of charges', any member of .the police force. If. any member of the police force so suspended shall not he convicted by the police commissioner of the charges so preferred, he shall be en- titled io full pay from the date of suspen- sion. notwithstanding such charges and suspension. Said police commissioner mat grant leaves of absence to members of the force for a period not exceeding five days. Sec. 293. Repealed by Act of 1931. Police surgeons: duties and dis- tricts. Sec, 234. The duties of the police snr geons. and the extent and bounds of their districts, shall be assigned from time lo time, by the rules and regulations of the police commissioner The police commis- sioner may, if requested by the depart- ment of health, designate police surgeons to aid the sanitary inspectors in ihe dis- charge of their dut'es. under s ; h regu- lations and order, as the polite commis- sioner may inako and Issue Sees. 23.' and 2!*6, He pealed by Act of 19Ci Payment of salaries and obligation* of dcpii r 1 on- n I . Sec. 297. The comptroller shall pay all salaries and wages (o officers and mem- bers of toe police department and force, as established by and in pursuance of law, and all bills, claims and obligations law- fully incurred by or by authority of said police department in the same manner as ['salaries and wages and bills, claims and obligations of oilier departments are paid. But the comptroller shall pay over and advance from time to time to the police commissioner such portions of the appro- priation made to the police department for contingent expenses, not exceeding ten ! thousand dollars at any one time, for which requisition may be made by said I police commissioner. The police commis- sioner shall transmit to the department 1 of finance the original vouchers for the payment of all sums of money disbursed j by him on account of such contingent ex- penses. and no . reater sum than ten thou- sand dollars in excess? of the amount duly I accounted for by said vouchers shall be advanced to said "olk-c commissioner at any one lime. The police commissioner shall give a bond of ten thousand dollars, with two sufficient sureties, to be ap- proved by the comptroller, for the faith- ful performance of the ’uties imposed and privileges conferred upon him by this sec- tion. The police commissioner shall pro- cure and pay for all printing books, blanks, paper, and of. -r articles of sta- tionery required for the administration arid business of the department and each bureau thereof. 1 <1 . : copy of initiate* when evidence. Sec. 298. A copy of the minutes of the police commissioner or of any part of said minutes, or of any order or resolution of said commissioner, or of the rules arid reg- ulations established by said commissioner when certified by the police commissioner or the chief, clerk, or first deputy clerk ; 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. Snlnric* «if officers and members of ilie force. I Sec., 299. The arintja! salaries aDd com- pensations of the officers and members of the police force shall be as follows, to wit: Of each captain of police who was heretofore a deputy chief of police, as provided in section two hundred and sev- enty-six of this act, five thousand dol- lars; of each captain of police who held [ the, rank or grade of inspector of police ! with an annual salary of three thousand, five hundred dollars before this act took effect, three thousand, five hundred dol- lars; of every olher captain of police, I two thousand, seven hundred and fifty dollars; of each police surgeon, three 1 thousand, five hundred dollars, and each police, surgeon shall have the same, rank j a » captain of police detailed to act as inspector: of each lieutenant of police, t\yo thousand dollars; of each doorman, one thousand, dollars;, of each sergeant, one thousand, five hundred dollars.; and file grade and pay or compensation of patrolmen or policemen shall be as fol- lows. to w- i t ■ All such members who are patrolmen and who shall have served five years or Howards on said force, shall he 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 l ban four years, and s'x- months, and more than four years, shall be inembers of the third grade. All such members who shal! have served on. such force for less than four years and more than, three years, shall be members of ihe fourth grille. Ml such member* who shall have served on Su It force for lees than three ijears, and tuoro than two years, shall !*• 46 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK members of the fifth grade. All suet* ; members who shall have served on such I force for less than two years, and more than one year, shall be members of the sixth grade. And all persons appointed patrolmen on or after the first day of j January, eighteen hundred and ninety- eight, shall be members of the ! seventh grade. Whenever any member of the seventh g.ade shall have done ser- vice therein for one year he shall be ad- vanced to the sixth grade. Whenever any member of the sixth grade shall have done service therein for one year, lie i shall be advanced to the fifth grade. Whenever any member of the fifth grade shall have done service therein for one year, he shall be advanced to the fourth grade. Whenever any member of the fourth grade shall have done service therein for one year, he shall be advanced to the third grade. Whenever any mem- ber of the third grade shall have done service therein for six months, he shall bo advanced to the second grade. And any member of said force who shall have served six months in the second grade, shall become a member of the first grade. But no such patrolman shall be so advanced as aforesaid, except after an examination and approval by the police commissioner of his record, efficiency and conduct. The annual pay or compensa- tion of the members of the police force who are patrolmen as aforesaid, shall be as follows: For members of the first grade, at the rate of not less than one thousand four hundred dollars each; for members of the second grade, at the rate of not less than one thousand three hun- dred and fifty dollars each; for members of the third grade, at the rate of not less than one thousand two hundred and fifty dollars each; for members of the fourth grade, at the rate of not less than one thousand one hundred and fifty dollars each; for members of the fifth grade, at the rate of not less than one thousand dollars each; for members of the sixth grade, at the rate of not less than nine hundred dollars each; for members of the seventh grade, at the rate of not less than eight hundred dollars each. The pay or compensation aforesaid shall be paid monthly to each person entitled thereto, subject to such deductions for or on account of lost time, sickness, dis- ability. absence, fines or forfeitures, as the police department may by rules and regulations, from time to time prescribe or adopt. Nothing in this section con- tained shall be construed to change it? any way the salaries or grading, present, or prospective, of the patrolmen or po- licemen, who are or become members of the New York police force, prior to January first, eighteen hundred and nine- 1 ty-eight. All other patrolmen or police- ! men of the various police forces consoli- dated into a single force by the provi- sions of this act. shall belong, so far as pay or compensation is concerned, to the grade indicated by the pay or compensa- tion which they are respectively receiving on January first, eighteen h; wired and ninety-eight. But nothing ( n this scetion contained shall be construed to affect In any other way the rights and privileges secured under the provisions of this act j to the members of the various police ; forces consolidated into a single force j by this act. The date for the eligibility; of any member of the forces transferred to the consolidated forces' by sections vwo hundred and seventy-seven, two hundred and seventy-eight, two hundred and seventy-nine, and two hundred and eighty of this act for advancement to the next grade, shall be the day of thu year on which he was originally appoint- ed to the force from which he was trans- ferred: and any member of the forces so transferred not a member of the New J York police force prior to January first, j eighteen hu ndred and ninety-eight, whose salary falls between two grades, shall receive the salary of and be assigned :o j the grade next above the salary he is re- ceiving ;U the time of transfer. Salaries of all officers in the forces so transferred other than officers In the New | York police prior to January eighteen hundred and ninety-eight, shall be equalized on the same basis, ft the difiVrouce iu pay is not more than fifty first, qulred by law or by any order, rule or regulation of the police commissioner for or in connection with the official pur- poses, affairs, powers, duties or proceed- dollars the pay shall be equalized at j ings of aaid police department, or of said once. If the difference is more than fifty dollars, the pay shall be made uniform within three years by equal annual addi- tions. — As amended by Laws 1907, Chap- ter 160. Police coinmUsioneri rule*. etc., for government anti discipline of police department and police force; trials, dismissals. Sec. 300. The policy commissioner is authorized and empowered to make, adopt and enforce rules, orders and regulations tor the government, discipline, administra- tion and disposition of the police depart- ment and police force and the members thereof. He shall have power and is au- thorized to adept rules and regulations for the examination, hearing, investiga- tion and determination of charges made or preferred against any member or mem- bers of the said police force, but no mem- ber or members of the police force ex- cept as otherwise provided in this chap- ter 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 the police commissioner or one of his deputies, upon such reasonable notice to the member or members charged, and in such manner of procedure, practice, ex- amination and investigation as the said commissioner may, by rules and regula- tions. from time to time prescribe. The police commissioner shall designate two places for th? trial of members of the police force upon charges, one of said places for the boroughs of Manhattan. Bronx and Richmond, and the other of said places for the boroughs of Brooklyn and Queens. The trial of any member of the police force upon charges shall be held in the place of trial designated by the po- lice commissioner as the place for the trial of charges for the borough within which the accused member was serving at the time the charge was preferred. Any member of the police force who may here- after become insane or of unsound mind, so as to be unable or unfit, to perform full police service or duty, may be re- moved and dismissed from the police force by the commissioner. — As amended by Laws 1904, Chapter 341. Police commissioner, et eetern. mny issue subpenas; who may admin- ister oatlis. Sec. 301. The police commissioner and his deputies shall have power to issue subpenas, attested in the name of the police commissioner and to exact and compel obedience to any order, subpenas or mandate issued by them, and to that end may institute and prosecute any pro- ceedings or action authorized by law in such cases. He or either of his deputies may m proper cases issue subpenas duces tecum. Such police commissioner may devise, make and issue orocess and forms of proceedings to carry into effect any powers or jurisdiction possessed by him. The police commissioner, each of his deputies. the chief clerk and the first and second deputy clerks of said department are hereby authorized and empowered to administer oaths and affirmations in the usual or appropriate forms, to any per- son in any matter or proceedings author- ized as aforesaid, and in all matters per- taining to the police department, or the duties of any officer or other person in matters of or connected with said de- partment and to administer oaths of office which may be taken or required in the administration or affairs of said depart- ment. and io lake and administer oaths and affirmations. In the usual or appropri- ate forms in taking any affidavit or depo- poliee commissioner or member of the police force, or any official purpose law- fully authorized by said commissioner. Any person making a complaint that a felony or a misdemeanor has been com- mitted may he required to make oath or affirmation thereto, and for this purpose the police commissioner, each of his dep- uties, the chief clerk, or deputy clerks of the police department, the inspectors, captains and sergeants of police shall have power to administer oaths and affir- mation. — As amended by Laws 1905, Chap- ter 180. Police commissioner: punishments by; limitations of snila for rein- statements, etc. Sec. 302. The police commissioner sha’.l have power, in his discretion, on conviction by him or hy any court or officer of com- petent jurisdiction, 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 wel- fare, or immoral conduct or conduct unbe- coming an officer, or any breach of disci- pline, to punish the offending party by rep- rimand. 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 deduct- ed for any offense. AH such forfeitures shall be paid forthwith to the treasurer of the department to the account of the police pension fund. The police commissioner is also authorized and empowered in his dis- cretion, to deduct and withhold pay. salary or compensation from any member or mem- bers 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 of the period of sucli absence, any act or law to tlie contrary notwithstanding; and said police commissioner is authorized and em- powered from time to time to make and prescribe rules and regulations to carry into effect and enforce the provisions of this sec- tion. Upon having found a member of the force guilty of the charges preferred against him. either upon hts plea of guilty or after trial, the police commissioner or t lie deputy examining, hearing and investigating the charges, may. in his discretion, sv spend judgment and place the member of the force so found guilty upon probation, for a period not exceeding one year; and the po- lice commissioner may impose punishment at any time during sucli period. No action, duty or proceeding. either at law or in equity, shall be commenced or maintained against the police department, or any mem- ber thereof, or against the police commis- I sioner, or against the mayor, or against the city of New York by any member nr officer. I 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, de- ducted or withheld for any cause, unless such action, suit or proceedings shall be commenced within two years after tiie 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; hut nothing in this section contained shall be construed or held to extend the time in which causes of action or proceedings which shall have heretofore accrued must be brought, and in. proceeding shall be brought to procure the restoration or reinstatement to said police force or department of any member or of- ficer thereof, unless said proceeding shall be instituted within four months after the de- cision or order sought to be reviewed. Said proceeding when so brought shall be placed upon the calendar by t Jr e party instituting the same, for hearing, for a term of tho court not later than the second term after the filing of the answer or return in said proceeding, and of service of notice of said filing upon the party instituting arid pro- ceeding. And in the event of the failure of ■ the piv"v instituting the said proceeding tc oiace the said proceed!: g upon the said caa lends r, then t It e said proceeding shall he * dismissed for v>ant of prosecution upon app :: rstion to that effect by the corporation counsel, unless tho court for good and suf- ficient cii ii-o shall otlicrwi c order. I As amvnihj sitiou which may he necessary or re-ly chapter 310, Laws of l'jlu.J Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 47 Police force; resignations ami ab- sences on leave. Sec. 303. No member of the police force, tinder penalty of forfeiting the salary or pay which may be due him, shall with- draw or resign, except by permission of the police commissioner. Absence, with- out leave, of any member of the police force for five consecutive days shall be deemed and held to be a resignation, and the member so absent shall, at the expira- tion of said period cease to be a member of the police force and oe dismissed therefrom without notice. No leave of absence exceeding twenty daj s 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 com- pensation and claim thereto during such absence. Sec. 304. Repealed by Act of 1901. Police commissioner; rewards to informers. Sec. 305. The police commissioner shall have authority to offer rewards to induce all classes of persons to give information which shall lead (o the detection, arrest and conviction of persons guilty of a felony; and to pay such awards 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 esti- mate and apportionment, which shall make the necessary appropriation for such purpose.— As amended by Laws of 1916, Chap. 95. Police force; gratuities ami politi- cal contributions forbidden; may be permitted to obtain rewards. Sec. 306. No member of the police force or employee 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 cr any member thereof, additional to his regular salary, pay or compensation. The police commissioner for meritorious and extraordinary services rendered by any member of the police force in due dis- charge of his duty, may nermit such member of the police force to retain for 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 or present without notice thereof to the "olice com- missioner. Upon receiving said notice, the police commissioner 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 con- tribute any moneys, directly or indirect- ly. to any political fund, or to join or be or become a member of any political club or association or anv 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 purnose. Id.; detail of policemen at poll*. Sec. 307. It shall be the duty of the police commissioner to detail, or to cause :o 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. Id.; special patrolmen; when may he appointed; military uytistaiiee. Sec. SOS. The police commissioner may, upon an emergency or apprehension of riot, tumult, mob, insurrection, pestilence or invasion, appoint as many special pa- trolmen without pay from among the citi- zens as lie may deem desirable. The mayor or, in case of his failure so to io, the governor may demand the assistance of the militia of the state within the city, or of any brigade, regiment or com- pany thereof, by order in writing served upon the commanding officer of any brig- ade and such commanding officer shall obey such order. Special patrolmen, ap- pointed in pursuance of law, may be dis- missed by order of the police commis- sioner; and while acting as such special patrolmen shall possess the powers, per- form the duties, and be subject to the orders, rules and regulations of the police department in the same manner as regu- lar patrolmen. Every such special patrol- man shall wear a badge, to be prescribed and furnished by the police commissioner. No transfer, detail or assignment to special duty of any member of the police force, except in cases authorized or re- quired by law, shall hereafter be made or continued, except for police reasons and in the interests of police service: pro- vided, however, that the police commis- sioner 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 mem- ber or members so detailed shall repart for duty to the officer of the command from which the detail was made. The police commissioner, whenever expedient, may on the application of any person or persons. corporation or corporations, showing the necessity therefore, appoint and swear any number of patrolmen to do special duty at any place in The City of New York upon the person or persons, corporation or corporations by whom the application shall be made, paying, in ad- vance such special patrolmen for their services, and upon such special patrolmen, in consideration of their appointment, 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; but the special pa- •rolmen so appointed shall be subject to the orders of the chief of police and shall obey the rules and regulations of the po- lice department and conform to its gen- eral discipline and to such special regu- lations as may be made and shall during tie term of their holding appointment 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 anv time by the police commissioner, without assigning cause therefor, and nothing in this section contained shall be construed to constitute such special patrolmen mem- bers 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 tc share in the police pension fund. Police commissioner: ilctai' per- sons to attend courts Sec. 309. It shall be the duty o' the po lice commissioner to cause some intelli- gent and experienced person connected with the police force to attend at the courts of the city in cases where there is need of such assistance, whe shall, to such extent as t lie rules of the board of magistrates may reasonably require, aid in bringing the facts before the magis- trates in proceedings pending in such po- lice courts. Police department to co-operate with depn rtinrnt of healtli. Sec. 310. It shall be the duty of the police department (and of its officers and men, as said police commissioner shall direct) to promptly advise the department of health of all threatened danger to hu- man life and health, and of all matters thought to demand its attention, and to regularly report tc said department of health all violations of its rules and or- dinances. and of the health laws, and all useful sauitary information. Said de- partment shall, so far as practicable and appropriate, co-operate for the promotion of the public health and the safety of hu- man life in said city. It shall be the duty of said police department, by and through its r roper officers, agents and men, to faitLully and at the proper time enforce and execute the sanitary rules and regu- lations, and the orders of said department of health (made pursuant to the power of said department of health), upon the same being received in writing and duly authen- ticated as said department of health may direct. Said police department is au- thorized to employ and use the appro- priate persons and means, and to make the necessary expenditures for the execu- tion and enforcement of said rules, orders and regulations, and such expenditures, so far as the same may be refunded or compensated by the means herein else- where 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 department made pursuant thereto, police officers and policemen shall have as ample power and authority as when obeying any order of or law applica- ble to the police department; but for their conduct they shall be responsible to the police department and not to the depart- ment of health. The department of health may. with the consent of the police de- partment. impose any portion of the du- ties of subordinates iD said department upon subordinates in the police depart- ment. Police force; arrests for violation of health laws. Sec. 311. Any member of the police force may arrest without warrant any person who shall, in view of such mem- ber, violate, or do, or be engaged in do- ing or committing in said city, any act or thing forbidden by chapter uineteen of this act. or by any law or by any ordi- nance 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 enforce- ment of any such law or ordinance or any official order made pursuant to any statute of this state. And any pers-on so ar- rested shall thereafter be treated, dis- posed of and punished as any other per- son duly arrested for a misdemeanor un- less other provision is made for the case by law. III.; detail of officers and men to as- sist department of healtli. Sec. 312. The police commissioner, upon the requisition of the board of health, shall detail to the service of the said department of health for the purpose of the enforcement of the provisions of the sanitary code, and of the acts relating to tenement and lodging houses, not less than fifty nor more than one hundred suit- able officers and men of experience of at least five years’ service in the police force. At least thirty of the officers and men so detailed shall be employed ex- clusively 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 re- port 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 discipline, or of neglecting his duty, and thereupon the polioe commis- sioner 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 company on the ground of inefficiency, and thereupon another officer or man shall be detailed in bis place. Iil.c ilrlall of ollirrrs mill men to as- . The police commissioner and each of his deputies and each captain of police detailed to act as inspector in his district, and each captain of police within his precinct shall possess powers of gen- eral police supervision and inspection over all licensed or unlicensed pawn- brokers, venders, junkshop keepers, junk- boatmen. cartmen, dealers in second- hand merchandise, intelligence -office keepers, and auctioneers, within the said city; and in the exercise of said super- vision, may from time to time empower members of the police force lo fulfill such special duties in the aforesaid prem- ises as may be from time to time or- dained by the police commissioner. The said police commissioner and each of his deputies and each captain of police de- tailed to act as inspector in his district and each captain within his precinct, may, by authority in writing, empower any member of the police force, when- ever such member shall he in search of property feloniously obtained, or in search of suspected offenders, or evi- dence to convict any person charged with crime, to examine the books of any pawn- broker, or his business premises, or the business premises of any licensed vender or licensed junk-shop keeper, or dealer in second-hand merchandise, or intelli- gence-office keeper, or auctioneer, or boat of any junk-boatman, and to examine property alleged to be pawned, pledged, deposited, lost or stolen, in wnosesoever possession said property may be; but no such property shall be taken from the possessor thereof without due process or authority of the law. — As amended by Laws 1907, Chapter 160.- I«l.; may examine pa wii brokers* liooks. Sec. 317. The police commissioner, each of his deputies, the 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 hav- ing in his possession a pawnbrokers' ticket shall, when accompanied by a po- liceman, or by an order from the police commissioner or either ot his deputies, or an inspector of police, or a captain of police, be allowed 10 examine the prop- erly purporting to be pawned by said ticket; but no properly shall be removed from the possession of any pawnbroker without tlie process of law required by the existing laws of this s'ate. or the laws and ordinances of the city regulating pawnbrokers. A refusal or neglect t„ comply in any respect with the provi- sions of this section, on the part of any pawnbroker, his clerk or clerks, shall be deemed a misdemeanor and punishable as such. Id.: *11 1> pre avion of gaming and other li ou sea. See. 31 S. If any two or more household- ers shall report In writing, under their signature, to the police commissioner or to a deputy police commissioner, that 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 gam- ing premises. for therein playing for wagers of money at any game of chance, or to be kept or used (or lewd and ob- scene purposes or amusements,’ or the deposit or sale of lottery tickets or lottery policies, ll shall be lawful for the police commissioner or either of his deputies or a deputy chief of police to authorize, in writing any member or members of the police force to enter the same, who may forthwith arrest all persons there found offending against law, hut none others; 1 and seize all implements of gaming or lot- tery tickets or lottery policies, and con- vey any person so arrested before a mag- istrate, and bring the articles so seized j to the office of the property clerk. It shall be the duty of the said police com- missioner or deputy police commissioner or deputy chief of police to cause such arrested person to be rigorously prose- cuted, and such articles seized to be de- stroyed, as the orders, rules and regula- tions of the police commissioner shall di- rect. Sec. 319. Now covered by Sec. 52. Police com ni issione r ; to famish station houses, etc., and fix boun- daries of precincts; headquarters. Sec. 320. The police commissioner shall from time to time, with the authority of the commissioners of the sinking fund, es- tablish, provide and furnish stations and station houses, or sub-stations and sub- station houses, at least one to each pre- cinct. for the accommodation thereat of members of the police force, and as places of temporary detention for persons ar- rested and property taken within the precinct ; and shall also provide and fur- nish such business accommodations, ap- paratus and articles and provide for the care thereof, as shall be necessary for the department of police and the transac- tion of the business of the department. The said police commissioner is hereby authorized and empowered to furnish horses and wagons, to be known as patrol wagons, which said horses and wagons shall he under the custody, coutrol and care of said police department, for the ex- clusive use thereof. The board of es- timate and apportionment and the board of aldermen are directed to appropriate a sufficient sum of money in each and every year. Cor the purpose of furnishing such horses, wagons and apparatus connected therew ith, and the maintenance thereof and for the other purposes authorized by 1 this section. The number and boundaries of the precincts shall be fixed by the po- lice commissioner. There may he one ' headquarters or central station, estab- lished and located by said police com- missioner in any borough into which The City of New York is divided by this act. The said police commissioner shall apply to and use for the purposes mentioned in this section, the property and prem- ises which shall come into his possession, or under his control, by virtue of section two hundred and seventy-five of this act, so far as suitable for the purposes in his judgment and available therefor. Sec. 321. Repealed by Act of 1916. Sec. 322. Repealed by Act of 1901. Ie taken before magistrate. Sec. 338. In every case of arrest by any member of the police force, the same shali j be made known immediately to the su- I perior on duty in the precinct wherein the | arrest was made, bv 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 return thereof, according to the rules and regu- lations 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 commissioner shall, immediately upon an arrest, convev 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 of- fender may be detained in a precinct or station house thereof, until the next reg- ular public 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 com- missioner. from time to time, to provide suitable rules and regulations to prevent the undue detention of persons arrested, which rules and regulations shall be as operative and binding as if herein spe- cifically enacted, subject, however, to the order of the court committing the person arrested. Penalty for personating policeman and for willful neglect of police. Sec. 339. It shall be a misdemeanor punishable by imprisonment in the peni- tentiary for not less than one year, nor exceeding two years, or by a fine of not less than two hundred and fifty dollars, or the forfeiture of his position, for anv member of the police force to wlllfullv neglect to make any arrest for an offense against the law of the state, or any ordi- nance in force in The City of New York, and it shall bq a misdemeanor, punishable in like manner, for any person not a member of the police force to falselv rep- resent himself as being such a member, with a fraudulent design upon persons or property, or upon any day or time to have, use. wear or display, without specific authority from the police department, anv uniform, shield, buttons, wreaths, num- bers or other insignia or emblems in anv wise resembling such as are worn bv mem- bers of the police force: and the said police department is hereby authorized and directed, from time to time, to pre- scribe the uniforms, shields, emblems in- signia and weapons to be worn, displaved and used, and to regulate the wearing, display and use thereof, by any and all persons, excepting marshals and the sheriff, his under sheriff and deputies au- thorized under the laws of this state to make arrests for any cause in The Citv of New York. Misdemeanor for persons not mem- bers of police force to serve criin- inal process. Sec. 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 con- stable 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. Exemption from military and jury duty and civil process. Sec. 341. No person holding office un- der this department shall be liable to military or jury duty, and no officer or patrolman while actually on duty shall be liable to arrest on civil process, or to service of subpoena from civil courts. Stenm boilers; inspection of; not to be operated without certificate. Sec. 342. Every owner, agent or lessee of a steam boiler or boilers in use in The City of New York shall annually, and at such convenient times and in such man- ner and in such form us may, by. rules CD Cagle Library— THE CHARTER OF THE CITY OF NEW YORK and regulations to be made therefor by the police commissioner, be provided; re- port 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 commissioner shall proceed to inspect such steam boilers, and ail ap- paratus and appliances connected there- with; but no person shall be detailed tor such duty except he be a practical en- gineer, and the strength and security of each boiler shall be tested by atmos- pheric and hydrostatic pressure and the strength and security of each boiler or boilers so tested shall have, under the control of said sanitary company, such attachments, apparatus and appliances as may be necessary for the limitation of pressure, locked and secured in like man- ner as may be from time to time adopted by the United States inspectors of steam boilers or the secretary of the treasury, according to act of congress, passed July twenty-fifth, eighteen hundred and sixty; six; and they shall limit the pressure of steam to be applied to or upon such boiler, certifying each inspection and such limit of pressure to the owner of the boiler inspected, and also to the engineer in charge of same, and no greater amount of steam or pressure than that certified In the case of any boiler shall be applied thereto. In limiting the amount of pres- sure, wherever the boiler under test will bear the same, the limit desired by the owner of the boiler shall be the one cer- tified. Every otvner, 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 provided for in this act, and upon re- ceiving from the police department a cer- tificate setting forth the location of the boiler inspected, the date of such inspec- tion, the persons by whom the inspection was made, and the limit of steam pres- sure which shall be applied to or upon such boiler, or each of such boilers, pay annually to the police commissioner for each boiler, for the use of the police pen- siou 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 re- newed 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 heating pur- poses and for railway locomotives, with- out having first had such boiler or boil- ers inspected or tested and procured for such boiler or each of such boilers so t;sed or operated the certificate herein provided for. The superintendent and in- spectors of boilers, in the employ of the police department, in the citv of Brook- lyn, and the boiler inspectors in Long Island City, shall continue to discharge the duties heretofore devolved upon them, subject, however, to removal for cause, or when they are no longer needed. I<1.; no person 4n nse, or not ns en- gineer for, witiiont certificate. Sec. 343. It shall not be lawful -'or any person or persons to operate or use any steam boiler to generate steam except for railway locomotive engines, and for heat- ing 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 iu 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 bo countersigned by the officer :n com- mand of the sanitary company of the po- lice department of The City of New York 8nd to continue in force one year, unless sooner revoked or suspended. Such cer- tificate may be revoked of suspended at Buy time by the police commissioner upon the report of any two practical engineers, i detailed as provided in this section, stat- I ing the grounds upon which such certifi- ; cate should De revoked or suspended. | Where such certificate shall have been I 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 date of the revocation of | the former certificate held by such per- son. Id.; record of inspections to l>e kept. See. 344. A correct record in proper form shall be kept and preserved of all in- spections of steam boilers made under the j direction oi 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 con- nected therewith shall be deemed by the department, after inspection, to be inse- j cure or dangerous, the department may prescribe such changes and alterations as j may render such boilers, apparatus and appliances secure and devoid of danger, j And in the mean time, and until such ! changes and alterations are made and 1 such appliances attached, such boiler, ap- paratus and appliances may be taken un- der the control of the police department and all persons prevented from using the same, and in cases deemed necessary, the appliances, apparatus or attachment for the limitation of pressure may be taken under the control of the said po- lice department. III.; over-pressure forbidden; owner neglecting to report boiler. Sea. 345. It shall not be lawful for any person or persons to apply or cause to be applied to any steam boiler a higher pres- sure of steam than that limited for the same in accordance with the provisions of this chapter and any person violating tho ! provisions of the last preceding section shall be guilty of a misdemeanor. In case any owner of any steam boiler in the said I city shall fail or omit to have the same | reported for inspection, as provided by law, such boiler may be taken under the control of the police department and all pe-sons prevented from using the same until it can be satisfactorily tested, as hereinbefore provided for, and the owner shall, in such case, be chargeable with the ! expense of so testing it. Secs. 346-349. See Second Schedule at end of book. Special patrolmen for district tele- graph companies. Sec. 350. The police commissioner is hereby authorized, in addition to the po- lice force now authorized by law, to ap- point a number of persons, not exceed- ing three hundred, who may be desig- nated by any company which may be. operating a system of signaling by tele- graph to a central office for police as- sistance, to act as special patrolmen in connection with such telegraphic system. And the persons so appointed shall, in and about such service, have all the pow- ers possessed by the members of the regular fofee, except as this may be limited by the regulations of the police ] commissioner, 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 commis- sioner for such special service; and the persons so appointed shall be subject, in case of emergency, to do duty as a part of the regular police force. The police commissioner shall have power to revoke any such appointment or appointments at any time, and every person so ap- pointed shall wear a badge and uniform, to be furnished by such company and ap- proved by the police department. Such uniform shall he designated at the time of the first appointment under this sec- tion. and shall be the permanent uniform to he worn by said special police. The j pay of such special patrolmen and ail expenses connected with their service shall be wholly paid hv such company ' or companies, and no expense or liability ) shall at any time be incurred or paid j bv the police department for, or by rea- ; son of, the services of the persons so as i aforesaid appointed. I’oliee pension fnnd; police com- missioner trustee of; powers over. Sec. 351. The police commissioner shall be the trustee of the police pension fund j hereinafter mentioned, and shall be treasurer of tne pension fund, lie shall, j before entering upon his duties as treas- urer thereof, execute and deliver to the | comptroller of The City of New York, a bond in the penal sum of one hundred J thousand dollars, to be approved by the j comptroller of The City or New York, and I conditioned for the faithful discharge ot his duties, and that he shall nay over ! and account for all moneys and property which shajl come into his hands, of such ! treasurer. Such trustee shall have charge of and administer said funds, and from time to time invest the same, or any part thereof, as he shall deem most beneficial to said fund, and he is em- powered 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 pen- sions granted in pursuance of chapter four hundred and sixty-six of the laws of nineteen hundred and one, and also pen- sions now charged on said fund or any part thereof, by or under existing laws, and said trustee shall be the legal suc- cessor 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 chapter four hun- dred and sixty-six of the laws of nine- teen hundred and one, including the pen- sion fund of the park police of the mayor, aldermen and commonalty of the ; City of New York, and the pension fund | of the park police of the City of Brook- | lyn. The said trustee may, and he is authorized and empowered, from time to time, to establish such rules and regula- tions for the disposition, investment, ; preservation and administration of the police pension fund as he may deem best. He shall report in detail to the board of aldermen 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 disburse- ments on account of the same. No pay- ments whatever shall be allowed or made by said trustee from said fund as reward, gratuity or compensation to any person for salary or services rendered to or for said trustee. On or before the first day of February of each year the trustee shall make a verified report to the mayor of his proceedings as such trustee, con- taining a statement of all receipts and disbursements on account of said fund, together with the names and residences of each beneficiary for or on account of said fund. The bookkeeper of the police department shall 1 tve charge of the au- diting of the accounts of said fund and be responsible to said trustee for the re- ceipts and disbursements of all moneys that shall come into his hands for or on account of said fund, and he sjiall, from time to time, render said trustee a veri- fied statement containing the names of ail beneficiaries of said fund and the amounts paid them; and he shall immediately ex- ecute and deliver to said trustee a bend in the penal sum of ten thousand dollars to be approved by said trustee, aud con- ditioned for the faithful discharge of his i duties; and the provisions of section three hundred and fifty-five of chapter four hundred and sixty-six of the laws of j nineteen hundred and one shall be apmic- | able to said bookkeeper. There shall be an auditing committee I consisting of three members, to be ap- i pointed by the mayor, as follows: Two members *o be selected troni among the ! officers and members of the uniform force of the police department and cue member to be selected from 'he retired members of the police department. It shall be t ho duty of this committee on or before the first day of March in each year tc ex- amine the condition of said relief fund UNIVERSITY OF ILLINOIS LIBRARY AT URBANA-CHAMPAIGN Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 51 ant] to audit the account of the said trus- tee.— As amended by Laws 1904, Chapter 626. 1*1.; funds to toe paid trustees; ex- emption from execution and proc- ess; false ■wearing: In pension claims. Sec. 352. The said police pension funds existing in said City of New York as con- stituted by this act, or in any part thereof when, this act takes effect, and all moneys, bonds, investments, securities, revenues and incomes thereof, or belonging thereto, in whose hands soever or whatever the same may be, shall be paid over and de- livered on demand to the police commis- sioner. The moneys, securities and effects of the police pension fund, and all pen- sions granted and payable from said fund shall be and are exempt from execution and from ail process and proceedings to enjoin and recover the same by or on be- half of any creditor or person having or asserting any claims against, or debt or liability of. any pensioner of said fund. Every person who knowingly or wilfully iu any wise procures the making or pre- sentation of any false or fraudulent affi- davit or affirmation concerning any. claim for pension or payment thereof oliall in every such case forfeit a sum not exceed- ing 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 pension fund. Any person who shall wilfully swear falsely in any oath or affirmation iu ob- taining or procuring any pension or pay- ment thereof, under the provisions of this chapter, shall be guilty of perjury. 1*1.; of xvliat it consists. Sec. 353. The said police pension fund shall consist of: 1. The capital, interest, income, divi- dends, cash, deposits, securities and cred- its formerly belonging to the police life insurance fund, and any police pension fund, existing as aforesaid, with the addi- tion thereto, from time tc 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 commissioner to be retained Ly the said members, mul also all gifts or bequests which may be made to the said pension fund, or to the said police com- missioner as trustee thereof. 4. All lost, abandoned, unclaimed, or stolen money remaining in the possession of the property clerk of the police depart- ment 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, aban- doned, lost or stolen property, and ait moneys realized, derived or received from the sale of any condemned, unfit or un- i serviceable property belonging to or in posteasion or under the control of the ; police department; and of 5. All moneys, pay, compensation or sal- ary, or any part thereof, forfeited, de- J ducted or withheld from any memoer or members of the pilice force on account of absence for any cause, lost time, sickness or other disability, physical or mental, to be paid monthly by the comptroller to the police pension fund. 6 The comptroller of The City of New York, or other person or officer having the j legal custody thereof, fs hereby author ized, empowered and directed to pay in equal quarterly installments to the police commissioner, as the trustee and treas- urer of the police pension fund, without si n v further action or authority of or from any other official body or officer a sum, hereinafter prescribed, out of the shares of the excise moneys, as distributed under the provisions of section thirteen of chap- ter one hundred and twelve, laws of eigh- j teen hundred and ninety-six, known as I the liquor tax law, as amended by chapter three hundred and twelve, laws of eighteen hundred and ninety-seven; chapter three hundred and sixty-seven, laws of nineteen hundred, and chapters one hundred and fifteen and four hundred and eighty-six of the laws of nineteen hundred and three; which said excise moneys are derived from the granting of licenses or permission to traffic in or sell strong or spirituous iiquors, ale, wine or beer within the limits of the boroughs of Manhattan and the Bronx, Brooklyn, Queens and Rich- mond, as constituted by chapter three hundred and seventy-eight, laws of eigh- teen hundred and ninety-seven and re- enacted in chapter four hundred and sixty- six of the laws of nineteen hundred and one. said sums to be paid in the following proportions, namely: Boroughs of Man- hattan and the Bronx, three hundred thousand dollars; borough of Brooklyn, one hundred thousand dollars; borough of Queens, fifteen thousand dollars. !. All moneys received or derived from the granting or issuing of licenses to have and possess pistols or revolvers In dwellings or places of business, or to have and carry concealed a pistol or revolver in said city. No such license shall be granted or issued to any person in The City of New York ex- cept upon the payment of such fee therefor as may be prescribed by ordinance of the board of aldermen. No such license shall continue in force for more than one year, but the same may be reissued from year to year upon the payment of a like fee. The police commissioner, or any other of- ficial authorized by section eighteen hun- dred and ninety-seven of the penal law to issue a license to any person to have and possess a pistol or revolver in his dwell- ing or place of business, or to have and carry concealed a pistol or revolver, shall only grant and Issue a license for any such purpose in a proper case, upon the pay- ment of the fee prescribed by the board of aldermen under the power conferred by this subdivision, and all such moneys shall be paid into the police pension fund: provided that no fee shall be prescribed, charged or collected for a license to have and carry concealed a pistol or revolver which shall be issued upon the application of the com- missioner of correction, or the warden or superintendent of any prison, penitentiary, workhouse or other institution for the de- tention of persons convicted or accused of crime or offenses, or held as witnesses in criminal cases, in the city.— As amended by Laws of 1914, chap. 460. 8. All moneys received or derived 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 entertainment shall be given or permit- ted 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. 9. A sum cf money equa' to but not greater man two pei.centum of the monthly pay, salary or compensation of each member of the police force, which sum shall b e deducted monthly by the comptroller from the pay, salary or com- pensation of each and every member of the police force and the said comptroller is hereby authorized, empowered and di- rected to deduct the said sum of money as aforesaid and forthwith to pay the same to the treasurer and trustee of the police pension fund. 10. Any and all other moneys and fun,d3 which, but for the passage cf 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 con- stituted by chapter three hundred and seventy-eight, laws of eighteen hundred and ninety-seven, and re-enacted in chap- ter four hundred and sixty-six of the laws of nineteen hundred and one. 11. And any and .all unexpended bal- ances cf appropriation or amounts esti- mated. levied, raised or appropriated for the payment of salaries or compensation of members of the police force within said City of New York remaining unex- pended or unapplied after allowing all claims payable therefrom. And the comp- troller is hereby authorized and directed 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 suf- ficient to satisfy a ll claims payable there- from as aforesaid. 12. In case the amount derived from the different sources mentioned and included in this section shall not be sufficient at any time to enable the police commission- er to pay in full the pensions which have been or which may hereafter be granted, it shall be the duty of the police commis- sioner each year at the time of making up the departmental estimate, to prepare a full and detailed statement of the as- sets 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 apportion- ment, together with a statement of the amount of money required to enable the said commissioner to pay the said pen- sions in full. It shall be the duty of said board of estimate and apportionment and the board of aldermen to make an appro- priation sufficient to provide for such de- ficiency and the amount so appropriated shall be included in the tax levy, and the comptroller shall pay over the money to the police commissioner. 13. And the said police commissioner is hereby authorized and empowered to take and hold as trustee of such fund, any and all gifts or bequests which may be made to such fund. — As amended by Laws 1903, Chapter 437, changing subdiv. 11 ; and Laws 1904, Chapter 626. 1*1.; pensions classified. Sec. 354. The police commissioner shall have power, in his discretion, to retire and dismiss from membership in the said police force, and thereupon to grant pen- sions to,- as hereinafter provided, any member of the police force of said city who shall have become disabled, phys- ically or mentally, or superannuated by age so as to be unfit for police duty, and to dependent parents, widows, and or- phans of such members to be paid from the police pension fund as follows: 1. To the dependent parent or parents, or widow of any member of the 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 j duty the sum of not more than six hun- jdred dollars per annum and to the widow I of any member of such force who has | died, or who shall hereafter die after ten years of service in the police force within the limits of the City of New York, as constituted by this act. or who shall have j been retired upon a pension, if there be j no child or children under eighteen years of age of any such member, the sum of ! not exceeding three hundred dollars per | annum. In the discretion of said 'commis- [sioner; but if there be any such child or ] children of such member under the age aforesaid, then the said sum may be di- vided between such widow, child or chil- dren in such proportions and in such man- ner as the said trustee may direct; pro- vided. however, that the foregoing pro- visions shall not be applicable to the de- pendent parent or widow, child or chil- dren of any member of the police force within the limits of said city who shall have been killed or died prior to the tak- ing effect of the Greater New. York char- ter. unless such dependent parent, or 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 dependent parent, or widow, child or children re- ceive * greater pension than. she‘ it or they would have been entitled to under the laws in force immediately prior to the taking effect of the Greater New York charter. A pension or increase of pension granted pursuant to this subdivision to the dependent parent, or widow of a member of the police force, who shall 62 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK have been killed while in the actual per- formance of duty, or shall have died from the effects of any injury received whilst In the actual discharge of such duty, shall accrue and be paid from the date of the death of such member. 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 afore- said, 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 six hundred dollars per annum. - 3. Subject to the like limitations, to any such member of any such police force, who, whilst in the actual perform- ance of duty, and by reason of the per- formance 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 sum not exceeding one-balf 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 end less than twenty-five years' member- ship in any such police force, become superannuated, by age, permanently in- sane or mentally incapacitated, or disa- bled physically or mentally, so as to be unfitted or unable to perform full police duty by reason of such disability or dis- ease contracted without misconduct on his part, a sum not to exceed one-half ncr less than one-fourth of his rate of com- pensation per annum. — As amended by Laws 1907, Chapter 445. 5. A member of the police force who shall have been retired under the pro- visions of this section on account of physical disability may, upon his ap- plication therefor, be reinstated by the commissioner as an active member of such force with the same rank and rating which he had upon his retire- ment, if, upon satisfactory proof pre- sented to the commissioner, such com- missioner shall determine that such disability has been removed and that ihe applicant is physically fit for duty in such position and rank: provided, however, that the applicant shall, if reinstated, file with the commissioner his release duly executed and ac- knowledged of the right or claim to a pension in the period during which he shall serve under such reinstate- ment. — Added by Laws of 1916, Chap. 208. Id.; wlien members of foree entitled to pension; amount and duration. Sec. 355. Any member of the police force being of the age of fifty-five years who has or shall have performed duty on such police force as aforesaid for a period of twenty years or upwards, upon his own application in w'riting, may, or upon a certificate of so many of the po- lice surgeons as the police commissioner may require, showing a member of what- ever age who has served twenty years is permanently disabled, physically or mentally so as to be unfit for duty, shall, by order of the police commissioner, be relieved and dismissed from said force and service anil placed on the roll cf the police pension fund, and awarded and granted, to be paid from said pension fund, an annual pension during his life- time’ 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 afore- said, for a period of twenty-five years or upwards, being of the age of fifty-five years, or ?>"y member of any such police force who is an honorably discharged sol- dier 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 ®\vn application in writing, provided (here are no charges against him pend- ing, must be relieved and dismissed from said force and service by the department and placed on the roll of the police pen- sion fund and awarded and granted, to be paid from said pension fund, an an- nual pension during his lifetime of the sum not less than one-half of the full salary or compensation of such member so retired; and the said commissioner 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 dis- charged soldier or sailor of the Mexican or late civil war who shall have reached the 1 age of sixty years. The said police commis- sioner shall award and grant pensions I to the chief of police of three thousand dollars; to each deputy chief of police, twenty-five hundred dollars; to each in- spector. seventeen hundred and fifty dol- lars; to each captain of the police, thir- teen hundred and seventy-five dollars, and to each sergeant and detective ser- geant of police hereafter relieved and dismissed from said force and service and placed on the roll of the pension fund, as heremfore provided, the sum of one thousand dollars per annum hereafter, and to each captain of police heretofore relieved and dismissed from said force and placed, on the roll of the police pen- sion fund, as hereinbefore provided, who, at the time wheu he was so relieved and dismissed and at the time when he was so placed on the roll of said pension fund, was receiving an annual salary of twenty- j seven hundred and fifty dollars, the sum of thirteen hundred and seventy-five dol- lars 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 voiunte- rily left any such police force, and served into the United States service, and served in the war of the rebellion. >n the army j or navy, and received an honorable, dis- | charge, and afterward, shall have been re- instated or reappointed in the police force, the time of his service in the army or navy shall be considered as continuous service in the police force. Pensions may, in the discretion of the said police commissioner 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, provided, how- ever. that such pension to such widows j or children, as the case may be, shall, in no instance, exceed six hundred dol- lars per annum, and the same may, in the discretion of the said commissioner, be, frpiii' tithe to time, and at any time di- minished, modified or revoked; provided, ■Rowever, that; no member of either of the pqlide 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. jn , this act contained.’ in ; determining the terms of service of any ; member of ilife police force, service in : the municipal aiid metropolitan force, and j subsequently in the police force of The I [ City of hiety York, as heretofore consti- j I tuted. or ; n any police force within the ! i limits' of The City of New York as here- j ' by constituted, and thereafter in the po- ! • lice force -created by this act, shall be .counted and held to be service in the 1 police force, of The City of New York ! for all the purposes of this chapter. Id.; when oertnlii pensions terniin- nte; equalizing; existing; pensions. See. 356. Pensions to widows shall ter- minate when the widow shall re-marrv and pensions to children shall terminate whenever the children shall respective | marry or arrive at the age of eighteen j years. The police commissioner niav. In ; his discretion, order any pension granted or any part thereof, to "ease, or be dimin- ished, except those pensions as to which it is otherwise provided in this act. and as therein provided: hut in all such cases the said police commissioner shall file with the papers of the police pension fund a written statement of the causes which determined him in ordering anv pension so to cease or to be diminished; and nothing herein, or in anv other act contained, shall render the granting of any pension obligatory on the police com- missioner or chargeable as a matter of right upon said police pension fund, ex- cept as herein provided. Alt existing pensions lawfully granted, payable out of the police life insurance fund, or anv police pension fund of which the Dolice commissioner is made trustee bv 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. Id.; certificate of disability; depart- ment may make rules. fciec. 357. No member of the police fores shall be granted, awarded or paid a pen- sion on account of physical or mental dis- ability 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 iniurv of such member, shall be filed in the department. And no member shall be retired unon pension or be pensioned, nor shall anv pension be awarded, granted or paid ex- cept as provided in this chapter, anv other Jaw 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. Neither the police commissioner nor either deputy police commissioner shall be mem- bers of the police force within the mean- ing of the provisions of this act relating to pensions, nor be entitled to any pen- sion. nor share in the relief pension fund of the police department. Disposition of proceeds of sole. Sec. 358. 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 t lie general fund of said city. Designation of station bouses for conliiieineiit of women. Sec. 359. The police commissioner shall designate one or more station houses for the detentiou and confinement of women under arrest in The City of New York. Such commissioner may at any time des- ignate for such purposes any additional station house or houses, or may revoke the designation of any station house or houses theretofore designated, provided that at least one such station house shall at all times be so designated for such pur- pose in such city. In every station house to which police matrons are appointed toilet accommodations shall be provided for such matrons, which accommodations shall be wholly separate and apart from the toilet accommodations provided for prisoners, or for the other officers at- tached to such station house. Appointment of police matrons. Sec. 360. The police commissioner shall appoint for each station house designated in the last section, not more than two re- spectable women, who shall be known as police matrons, in the same manner and under restrictions governing the appoint- ment of patrolmen so far as the same may be applicable, except that any rule or reg- ulation as to the age of a person appointed patrolman shall not apply to matrons ap- pointed under this act. No woman shall be appointed a police matron, unless suit- able for the position and recommended therefor in writing by at least twenty women of good standing, residents of The City of New York. Police matrons shall be appointed to station houses to which police courts are attached and to station houses which are in close proximity to a police court, 'n case there is no police court in close proximity to a station Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 53 1 house in said city, then police matrons may be appointed to any station bouBe therein. Police matrons to be members of uniformed force. Sec. 360a. Such police matrons shall be regular members of the uniformed police force, and shall have the same standing in the police department and be subject to the same fines, discipline and benefits is patrolmen. They shall be provided with a suitable shield or badge, or badge of office, and shall, while on duty, wear a uniform similar in color to that worn by other members of the uniformed police force. No police matron who shall be- come a member of the uniformed police force shall, under any pretense whatever share in for her own benefit, any present, fee, gift, emolument for police services, or for services of the police department or any member thereof, additional to her regular salary; and it shall be cause for removal from the police force for any matron thereof to receive any such re- ward or present or to receive compensa- tion for any privil^e whatever which she may grant to the women prisoners under her charge. Terms of office, removal, salary. Sec. 361. Police matrons shall, upon ap- pointment, hold office until removal, and they may be removed at any time, by the authority appointing them, under the reg- ulations prescribed for the removal of patrolmen. Immediately upon the death, resignation or removal of a police matron, her successsor shall be appointed in the manner hereinbefore provided. A police matron shall receive the same salary as the doorman in the station house to which she may be appointed. Duties of police matrons. Sec. 362. When only one police matron Is attached to a police station, she shall reside there, or within a reasonable dis- tance therefrom, and shall hold lierself in readiness to respond to any call there- from at any hour, day or night, and each matron shall, during such hours as may be fixed by the police commissioner, re- main in such station and hold herself in readiness to respond to any call there- from. So long as any woman is detained or held under arrest in a police station to which a matron is attached, it shall be the duty of such matron to remain con- stantly thereat ready for service; or, if there he more than one matron attached to such station then one of them shall be constantly ready for service. A police matron shall, subject to the officer in charge of such station house, have the immediate care and charge of all women held under arrest in 'he station to which she is attached, and she may at any time call upon the officer in command of such station for assistance. She shall be subject to the authority of the police commissioner and lo the rules and regu- lations prescribed by such authority; but at the station where she may be apnointed on duty she shall be subject only to the authority of the officer in command thereof. Police commissioner to provide ac- commodation.* for women. See. 363. It shall be the duty of the police commissioner lo provide sufficient accommodations for women held under errest to keep them separate and apart f>om the cells, corridors and apartments provided for males under arrest, and to so arrange each station house that 'no communication can be had between the men and women therein confined, except with the consent of the matron or of- ficer in command of said station house. No officer, Oiher than the matron, shall be admitted to the corridor or cells of the women prisoners without the consent of the officer in command of said station house. Proceeding* where woman Js ar- rested. Sec. 364. Whenever a woman is arrest- ed and taken to a police station, to which a matron is attached, it shall be j the duty of the officer in command of the | station to cause such matron to be sum- moned forthwith, and whenever a female j is arrested in any precinct to which no 1 matron is attached she shall be taken di- rectly to the station house designated to receive the women prisoners of the pre- cinct in which the arrest is made. No such separate confinement nor any such removal of any woman, shall operate to take from any court any jurisdiction which it would have had. The term "woman” used in sections three hundred and fifty-nine to three hundred and sixty- six, inclusive, shall not include any fe- male either actually or apparently un- der the age of sixteen years whose care is assumed by any society referred to in sction two hundred and ninety-three of the penal code; but every such female shall be taken directly to a station house designated to receive women prisoners and shall be at once transferred there- from by the officer in charge, to the cus- tody of such society. Appropriation for salary anil main- tenn nee. Sec. 365. The board of estimate and ap- portionment and the board of aldermen shall appropriate annually such sum as may be necessary for the separate care and confinement in station bouses of all women arrested in such city, and for the appointment, salary and maintenance of police matrons. Matron* to contribute lo pension faiMl ami share therein. Sec. 366. Every police matron upon be- ing appointed to the uniformed force, shall each year thereafter, and under the regu- lations prescribed for patrolmen, contrib- ute two per centum of the salary received by her to the pension fund of the police force, and all fines and forfeitures imposed upon police- matrons of the uniformed force, or emoluments received by them under the regulations prescribed for pa- trolmen, shall be contributed to the pension fund of the police force. A police matron who shall have performed duty on such police force for a period of twenty years or upward, upon her own application in writing may, or upon the certificate of so many of the police surgeons as the police board may require, showing that a matron of whatever age who has served twenty years as police matron is permanently disabled physically or mentally, so as to be unfit for duty, shall, by order of the police board, be relieve^ and, dismissed from said force and service and placed on the roll of the pension fund, and awarded and granted to be paid from said fund an annual pension during her lifetime of a sum not less than one-half of the full sal- ary or compensation of such matron so retired. Pensions granted, finder this . sec- tion shall be for the natural life of the pensioner and shall not be revoked or di- minished. The police board shall have power in its discretion, to retire or dis- miss from membership in the police force and thereupon grant a pension annually of not. less than twenty-five per ceht’um nor more than fifty per centum of her com- pensation to. any police matron who hav- ing served less than t wenty-five yeafis 'Shall i become physically or mentally incapaei- I lated for further service in the department through injuries received during the per- formance of her duties. — -As' amended by Laws of 1A03, Chapter 3!)6. Certain net not applicable. See. 367. Chapter four hundred aud twenty of the laws of eighteen hundred and eighty-eight, entitled “An act to provide for police matrons ip cities.”,, as amended by chapter ninety of the laws of eighteen hundred and ninety-one. shall not be ap- plicable to The City of fvew York. CHAPTER IX. nonoi'on officers. Title 1. Borough officers. Title 2. Bureau of buildings. TITLE I. BOROUGH OFFICERS. President: finulitieutions. term, election, salary. Sec. 382. There shall be a president o £ each borough, who must be a resident thereof at the time of his election and re- main a resident thereof throughout his term of office. The president and his suc- cessors shall be elected by the electors of the boroughs at all the elections whereat the mayors of The City of New York are respectively to be elected. The president shall hold his office for a term of four years, commencing on the first day of January next after his election. The sal- ary of the presidents of the boroughs of Manhattan, of the Bronx and of Brooklyn, respectively, shall be seven thousand live hundred dollars a year, and the salary of the presidents of the boroughs of Queens and of Richmond, respectively, shall be five thousand dollars a year. A president of a borough may be removed in the same manner as the mayor, as provided in other sections of tiis act. Any vacancy in the office of president caused by removal from the borough or otherwise, shall be filled for the unexpired term by an election to such vacancy made by a majority vote of all the members of the board of aider- men then in office representing said bor- ough, and in case of any such vacancy it 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. — As amended by Laws 1905, Chapter 633. President of borough; powers and duties. Sec. 383. The president of a borough shall, by virtue of his office, be a mem- ber of the local board of every district of local improvements in his borough, and chairman thereof, entitled to preside at its meetings and to vote as any other member. He shall have an office in such hall or public jDuildiug of the borough aa the board of aldermen may by resolu- tion direct. He may appoint and at pleas- ure remove a commissioner of public works for his borough, who may dis- charge all the administrative powers of the president of the borough relating to streets, sewers, public buildings and sup- plies conferred upon him by this act; and who shall, in the absence or illness* of such president discharge all the duties of such president. He may also appoint and remove an assistant commissioner of public works, who may discharge such powers and perform such duties as may be in writing conferred upon him by said president, of the borough. He shall have power to appoint a secretary and such assistants, clerks and subordinates as lie may deem necessary, if provision be made therefor by the board of estimate and ap- portionment and the board of aldermen. The said secretary, assistants, clerks and subordinates shall hold office at the pleasure of the president, subject to the provisions of the civil service laws. He shall, within the borough for which he shall have been elected, have cognizance and control : 1. Of regulating, grading, curbing, flag- ging and guttering of streets and laying of crosswalks. 2. Of constructing and repairing public roads. 3. Of paving, repaving, resurfacing and repairing of all streets, and of- the relay- ing of all pavements removed lor .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 char- acter of foundation, and, the method of construction, ai)d of the, restoration of the pavement or surface after, such work. 5. Of the filling of sunken hots, fencing of vacant lots, digging down lots, and of licensing vaults under sidewalks. 6. Of the removal of incumbrances. 7. Of the issue of permits to builder* and others to use or open the street*. 64 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 8. Of the construction and maintenance of all bridges and tunnels which are within his borough, and form a portion of the highways thereof, except such bridges as cross navigable streams. 9. Of all subjects relating to the public 6ew T ers and drainage of his borough, and shall initiate the malting of all plans for the drainage of his borough, except as otherwise specifically provided in this act. lie shall have charge of the construction of all sewers in accordance with said plans. He shall have in charge the man- agement, care and maintenance of the sewer and drainage system of the borough .of which he shall be president and the licensing of all cisterns and cesspools. 10. Of the construction, repairs, clean- ing and maintenance of public buildings, including markets, except schoolbouses, almshouses, penitentiaries and fire and police station houses, and other buildings whose care and custody are otherwise provided for in this act. 11. Of the care and cleaning of all of- fices leased or occupied for public uses. 12. Of the location, establishment, care, erection and maintenance of the public baths, public urinals and public comfort stations; and of the placing of all signs indicating the names of the streets and other public places. The president of each borough shall prepare all contracts relating to his bor- ough. subject to the approval as to form by the corporation counsel. He shall have such other powers as are expressly conferred upon him by this act, and such other powers as may be conferred upon him by the board of aldermen. He shall make an annual report of the busi- ness and transactions of his borough to the mayor. The presidents of the boroughs of Queens and Richmond shall, each for the borough of which he shall have been elected president, in addition to the powers above specified, have cognizance and control: 1. Of the sweeping and cleaning of the streets of the borough, and of the re- moval 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 rub- bish. and of the removal of snow and Ice from leading thoroughfares and from such other streets as may be found prac- ticable. 2. Of the framing of regulations con- trolling the use of sidewalks and gutters by abutting owners and occupants for the disposition of sweepings, refuse, garbage or light rubbish, within the borough, which, when so framed, and approved by the board of aldermen, shall be published in like manner as city ordinances, and shall be enforced by the police depart- ment in the same manner and to the same extent as such ordinances, together with such other powers concerning street cleaning, as are expressly conferred upon them by this act. 3. The said presidents of the boroughs of Queens and Richmond shall have pow- er to appoint such subordinates as may be necessary to enable them to carry into effect the provisions of this act regard- ing cleaning the streets of this borough, hut the aggregate salaries cf such officers ■shall not exceed in any one year the amount appropriated therefor by the hoard of estimate and apportionment and the board of aldermen. The said presi- dents of the boroughs of Queens and Richmond shall, so far as possible, select such subordinates from the members of the street cleaning department employed within said boroughs at the time when this act shall take effect! The said pres- idents of the boroughs of Queens and Richmond shall have such other powers relating to street cleaning within said boroughs as are conferred upon the com- missioner of street cleaning by sections five hundred and forty-one, five hundred and forty-three, five hundred and forty- fpur and five hundred and forty-five ot this act! Whenever by any of the provisions of this act powers are conferred or duties are' imposed upoti a a ough, such powers may be exercised and such duties may be performed, upon the request of said president, by the commis- sioner of public works of said borough, if such official shall have been appointed; and if not, by any subordinate duly ap- pointed by the president of said borough under the powers conferred upon him by this act, and duly designated thereto in" writing; and such powers and duties when exercised or performed by such commissioner of public works or other appointee shall be regarded as having been exercised or performed by such president in the same manner as if such powers and duties had been actually ex- ercised or performed by such president personally. — As amended by Laws 1907, Chapter 383. President to call meeting's of local board. Sec. 384. The president of a 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 th» board of aldermen may require. And he shall certify all resolu- tions. 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. Sec. 385. There may be a hall or public building or buildings in each borough, at which may be stationed deputies of such of the various aiioinistrati ve departments of the city government as may be author- ized by the board of aldermen, 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 de- partment respectively, and as fully under the head thereof, as if the administrative force of said department were seated wholly in one building. tenance and care of the sewer system and drainage of said wards, are hereby, so far as- the same are consistent with the re- quirements of this act. devolved upon the president of the borough of the Bronx, and are to be exercised and performed by him or by the commissioner of public works appointed by him according to the pro- visions of this act. Devolution of powers of former offi- cers; highways. Sec. 3S8. All powers and duties which on the first day of January, nineteen hun- dred and two, are conferred upon the commissioner of highways of The City of New York, and all powers and duties which on December thirty-first, eighteen hundred and ninety-seven, were 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 cor- poration 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 the county of Queens in any way relating to the reg- ulating, grading, regrading, curbing, flag- ging and guttering of streets, the laying of crosswalks, the constructing and repair- ing or public roads, paving, repaving and repairing of all streets, and the relayingof all pavements removed for any cause, the tilling of sunken lots, and all matters di- rectlv related thereto, are hereby vested in The City of New York, as constituted by this act. and as matter of administra- tion devolved upon the president of the borough within which is situated the ter- ritory to which or to the official repre- sentatives of which said powers and duties heretofore appertained, and by him are to be executed pursuant to the provisions di- rections and limitations of this act. Employment of engineers anil ar- chitects. Sec. 386. The president of each borough may at any time employ, when thereto authorized by the board of estimate and apportionment and the board of aider- men, a consulting engineer, who shall be an expert in all matters relating to sewers and highways, and who shall have had fif- teen years’ experience as a civil engi- neer; and a consulting engineer of public buildings, who shall be an expert in the matter of construction, repair and main- tenance of public buildings; and a con- sulting architect, who shall be an archi- tect of recognized, scientific and artistic standing of not less than fifteen years’ experience. All other engineers or as- sistant engineers appointed by or under the authority of a borough president must be civil engineers of at least three years' experience. The office of commissioner of street improvements in tlse twenty-third anil twenty-fourth wards abol- ished; devolution of powers. Sec. 387. The office of commissioner of street improvements of the twenty- third and twenty-fourth wards of The City of New York, created by chapter five hun- dred and. forty-five of the laws of eighteen hundred and ninety, is hereby abolished, and all the powers, privileges- and duties of the said commissioner of street im- provements for the said twenty-third and twenty-fourth wards, which in any way relate to the regulating, grading, regrad- ing. curbing, flagging and guttering of streets, laying of crosswalks, the con- structing and repairing of public roads, paving, repairing and repaving of all streets and the relaying of all pavements removed for any cause, of the fill! z of sunken lots, or which in any way relate to the sewers and drainage of the said twen- ty-third and twenty-fourth wards, and to the construction, repair and cleansing of sewers and underground drains, and of the licensing of the cisterns and cess- pools therein, and of all matters in any '.ay r?lating to the construction, main- Devolation of powers of former o Ul- cers ; sewers. Sec. 389. All powers and duties hereto- fore 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 hoard of pub- lic 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 corporation known as ihe mayor, aldermen and commonalty of The City of New York, and by this act consolidated into one mu- nicipal corporation, which in any way re- late to the public sewers and drainage of the said cities, municipal corporations, | town or territory, and to the construction ; repair and cleansing of sewers and under- | ground drains and of the licensing of cis- terns and cesspools therein and to. all matters in any way concerning ihe con- struction and care of the sewer system and drainage thereof, so far as such pow- ers 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 de- volved upon the president of the borough within which is situated the territory to wMch or to the official representatives of \v V'-h said powers and duties heretofore ap _ -stained, ‘o be by bin executed in ao- c- • "poe v th tlio rrovisions, directions 1 and limitations e f this act. etc., to he (urncil over to bor- on --h jiresiil exits. Sec. 390. The commissioner of highways and the commissioner of sewers, .-.s con- stituted by chapter three hundred and seventy-eight of the laws of eighteen hun- dred and ninety-seven, are hereby respec- tively required and directed to turn over and deliver, on the first day of January, nineteen hundred and two. to the several borough presidents of the various bor- oughs included within The City of New York, so far as the same shall applv to the borough of which each is president, 1 all maps, plans, models, surveys, hooka 55 1 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK and papers relating to highways or to sewers, filed with or communicated to said commissioners respectively or turned over to them or either of them by Isis or their predecessors, and all official records and papers of every kind in the possession of them or either of them. And the com- missioner of public buildings, lighting and supplies as constituted by chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-seven is hereby required and directed to turn over and deliver to the various borough presi- dents, on the first day of January, nine- teen hundred and two, all maps, plans, models, books and papers, and all official records and papers of every kind in his possession, relating to the designing, con- struction and maintenance of public build- ings, to each president such plans as pertain to the borough within which he has jurisdiction. Permit for removals of pavements. etc.; procedure in ease of pave- ments relnid, etc. Sec. 391. No removal of the pavement or disturbance cf 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 introducing the same into buildings, or for any purpose what- ever, shall be made until a permit is fj^st bad from the president of the bor- ough where the work is to be done; and whenever any portion of the pavement in any street or avenue in said city shall have been removed for any of these pur- poses, and such pavement shall not be relaid in a manner satisfactory to the president of said borough, the said presi- dent 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 connection 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 cr corporation, or the owner or occupant of such house or lot, to have such pavement pronerly re- laid within five days after service of such notice. Such notice may be served upon the owner or occupant of a house or lor by leaving the same with any person of adult age upon said premises, or posting the same thereupon: in case such pave- ment, or portion thereof, shall not be re- laid to the satisfaction of said borough president within the time specified in such notice, it shall be lawful, and authority is hereby given to said borough president to have such pavement, or the partion thereof which shall have been so unsatisfactorily laid put in proper order and repair, in such manner as he may deem best, on account of the person or corporation by whom such pavement was removed, or of the owner of the prem- ises for whose benefit such removal was made. Upon the costs of such work be- ing certified to the comptroller of The City of New York by the said borough president, with a description of the lot or premises to improve which such re- moval was made, sa'd comptroller shall pay the same, and the amount so paid shall become a lien and charge upon the premises so described, and, on being cer- tified by the comptroller to the collector of assessments and arrears, may be col- lected in the same manner that arrears and water rates are collected urdcr the direction of such collector of assessments and arrears. But nothing herein con- tained shall he deemed to prohibit said borough president from demanding, be- fore issuing said permit, and as a con- dition thereof, the deposit of such sum of money or other security as, in his Judgment, may be necessary to pay the cost of properly relaying the pavement so removed, together with the expense of the inspection thereof and the ex- penses incidental to the issuing of said permit and the making of refunds thereon.— As amended Laws of 191 G, Chap. 497. Overflow sewers; where discharged. Sec. 392. Any overflow sewers which may be deemed necessary for the relief of any main sewers now constructed or which may hereafter be constru' ’ 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 a:, in the judgment of the president of the borough in which said overflow sewer is located may be most convenient. Canals to be kept free from obstruc- tions. Sec. 393. It shall be the duty of The City of New York to keep any canal free from any obstructions that mav be occa- sioned by reason of the emptying of said overflow sewers into it, and for that pur- pose the president of the borough in which such canal is located is authorized and directed to dredge the same from time to time. Power fo eonsfrnei temporary sew- ers, expenses of same. Sec. 394. Whenever it shall become nec- essary 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 im- mediately to t.,e construction of the same in accordance with any plan already adopted, on the approval of the board of estimate and apportionment, the presi- dent of the borough within which such necessity arises shall have power to con- struct 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 as- sessed upon the property draining into the same and benefited thereby. And such assessments shall be enforced, levied and collected in the manner provided in chap- ter seventeen of this act. Permits for Construction of private sewers; procedure; becomes prop- erty of city wiien paid for by, etc. Sec. 395. A permit for the construc- tion of sewers in the streets of said city by private property owners shall only be granted in either of the following cases: 1. Upon the parties proposing to con- struct such sewer first filing with the president of the borough where said sewer is to be constructed plans and spec- ifications of such proposed sewer, con- forming to the general plan for the con- struction of public sewers in said city, and a duplicate copy of the contract for the construction of such sewer, showing the cost of the construction thereof, to- gether with a satisfactory guarantee to said borough president for the payment of ' the necessary expense of said depart- ment of sewers, in the supervision of the construction of said sewer. And upoi approval of such plans, specifications and contracts, by t4e said borough president, he shall issue Ms permit for the construc- tion of such proposed 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 ee C h side of that part of the street through which said sewer shall' be constructed. The said board of asses- sors shall as soon as practicable report such apportionment of such cost to the sa’d borough president. Said borough president shall grant permits for connec- tion with said Jewer, to be constructed as aforesaid, only to such owners or occu- pants of the property abutting on that part of such street through which said sewer shall be constructed zj shall pro- duce to said borough president satisfac- tory proof of the payment by him or them to the parties who constructed and paid for such sewer, of the amount of the pro- portionate part of the cost of the con- struction of said sewer apportioned a9 aforesaid to the property sought to be connected with said e eases', and no permit I shall be issued for, nor shall any con- ! nection 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 en- titled thereto by the owners of such abut- ting property, and satisfactory proof thereof made to said borough president. And when constructed, except for the pur- pose of supervision, maintenance and uso 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 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 Guy of New York, and deemed to bavj been fully dedicated le said city. 2. Or upon the parties proposing to con- struct such sewer first filing with the president of the borough where said sewer is to be constructed pians and specifica- tions of such proposed sewer and a dupli- cate copy of the contract for the construc- tion of such sewer, showing the estimated cost of the construction thereof, together with a satisfactory guarantee to said bor- ough president for the payment both of tae cost of the construction of such sewer and of the Decessary expense of said de- partment of sewers in the supe» vision of tae construction of such sewer, and also a satisfactory guarantee to said borough president for the maintenance of said sewer tree of all cost aim expense to i lie City of New York. Upon approval of suen plans, specifications, contracts and guar- antees by the said borough president, he snail issue his permit for the construction or such proposed sewer. The said borough president may grant permits for connec- tion with said sewer to be constructed aa aforesaid to other persons or corpora- tion, upon approval of application therefor oy the board of estimate and apportion- ment of The City of New York, and upon such terms and conditions as said board may deem just and equitable as between tne parties who shall have constructed aud paid for such sewer and the parties making application for such connection. And when constructed said sewer shall be the property of The City of New York and deemed to have been fully dedicated to said city. — As amended by Laws 1906, Chapter 597. 3. Or in all districts where the resident population does not average one hundred persons per ordinary city block, upon the following conditions; When the party, parties, or corporation proposes to construct such sewers they are first to file with the president of the borough where said sewer is to be con- structed plans and specifications of such proposed sewer, with a satisfactory guar- antee to said borough president for the payment of the necessary expenses to the department of sewers in the super- vision of the construction cf said sewer, and a petition signed by a majority of resident property owners, in feet of frontage abutting on the street or s‘reets in which the sewer Is intended to be laid, which petition shall set forth the block and lot number or numbers of the prop- erty owned by tho signers thereof, as shown on the assessment map of tho said boroueh, the maximum sum to be charged for each ho'jse connection to sa'd sewer and the name of the person, per- sons or corporations intending to build the sewer. Upon the filing of the neces- sary papers and the guarantee above set forth, the borough president upon his ap- proval thereof, if in his judgment the charges provided in said petition for each lot are considered reasonable, may issue his permit for the construction and con- nection of such proposed sewer. Said borough president shall grant permits 66 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 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 or streets through which said sewer shall be constructed as shall produce to said borough president satisfactory proof of the payment by him or them, to the par- ty, or parties, or corporation who con- structed and paid for said sewer of the amount to be charged for each house con- nection or connections as set forth in the petition so filed with him. And when constructed, except for the purpose of supervisor, 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 per- son, persons or corporation who shall have paid for its construction, until the own eve? of all the property abutting on that part of the street or avenue in which said sewer shall be laid 6hall have paid for each twenty feet or fraction thereof fronting on said street the sum set. forth in said petition as the charges for a house connection. When the same shall have been fully paid for by all the owners of abutting property, then the same snail revert to The City of New York, and shall be deemed to have been fully dedicated to said city. In con- struing this section sewers twenty-four Inches or less in diameter shall be deem- ed to be tributary sewers, and all sewers exceeding twenty-four inches in diameter shall be deemed trunk sewers. The provision of this section shall ap- ply to all sewers heretofore constructed by private persons or corporations which shall conform thereto. For sewers al- ready constructed, the conditions of which herewith imposed will have been complied with, the borough president shall issue in lieu of a permit for con- struction, his certificate of acceptance thereof.— Amended by Laws 1912, Chapter 433. III.; power to acquire lands for sewers. Sec. 396. The City of New York is au- thorized to acquire title for the use of the public to a'l or any of the lands and premises required for sewers, or to ease- ments therein for that purpose, whether the same be above or below high water mark or under water. The board of esti- mate and apportionment, at the request ol the president of the borough where such lands are legated, is authorized to direct the same to be done. It shall be the duty of the corporation counsel, when request- ed in' writing by the board of estimate and apportionment, immediately to institute a proceeding to acquire- title for the use of the public to lands a' d premises or ease- ments therein, required for the building of sewers or drains, in the same manner that is provided b this act for the acqui- sition of lands for the purpose of opening streets. The expenses incurred in the ac- quisition of such lands and premises, with the buildings and improvements — ereon, so far as the same sh. ’l be taken in such a proceeding, shall be assessed in accord- ance with the provisions of this act re- j bating vo the opening of streets upon all 7ie property deemed by the commission- ers of estimate and assc ment appointed In such proceeding to be benefited by the acquisition of such lands for such purpose, nnd upon the owners thereof or persons interested ther-in. Proposals and contracts for sewer- age work. Sec. 397. The president of each borough, upon the completion of the plan of sewer- age of any district within the borough of which he is president, upon the filing of copies thereof, or as soon thereafter as may be deemed convenient and necessary, shall cause minted specifications to be made in accordance with said plan of the work proposed to be done in said district, and shall thereupon invito proposals in j the manner now required by law, and shall contract for the whole or any part of the work in said district. I Borons.lt president authorized to purchase supplies. Sec. 398. In order to provide for the more effectual and economical construc- j tion of sewers, the president cf t.-y bor- | ough may contract in pursuance of law for such materials used in the construc- tion of sewers within the borough of which he is president and in such quanti- ties as he may deem proper; and it shall be 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 borough president to pay for such materials, md the expenses for engineers, ~.:rveyors, in- spectors or other persons employed by authority of said borough president in the construction of sewers. Pennlty for injury to sewers. Sec. 399. All provisions of law creating civil and criminal liabilities from wrongs and injuries done to the waterworks of The City of New Y r ork, 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 1 done in sewers in the said city. Construction of lateral sewers on l>el>all' of private owners. Sec. 400. Whenever a majority in amount, according to the last preceding assessment, of the owners of land com- prising at least thirty acres in one body shall petition for leave to construct and connect lateral sewers in and upon the land in question the president of the Ue-- ough within which said lands shall be located shall, unless the same has already been done, prepare plans and specifica- tions of such proposed sewers conform^ ing to the general plan for the construc- tion of public sewers in said city. A copy of said plans and specifications shall be filed in the office of the said borough pres- ident. The president of said borough may require a guaranty satisfactory to himself for the payment df the necessary expense of the preparation of such plans and specifications. Upon the approval of such plans and specifications by the said borough president, he shall, at the re- quest of the petitioners, cause bids to be advertised according to iaw for the building of any portion of said sewers to be named by said pe’itioncrs, but not less than ten thousand dollars in amount (or one mile in length). Upon the open- ing of said bids the said borough presi- dent may award the said contract, as provided by law, but conditioned upon the deposit cf the amount thereof by or on behalf of the petitioners as hereinafter provided. Thereupon the said borough president shall not ! fy in writing sa ! d pe- titioners and the comptroller of such award and the amount that will be re- quired thereunder to construct and build the said sewers. Within thirty days thereafter the said petitioners shall pay or cause to be paid to the comptroller of The City of New York a sum equal to the amount necessary to construct and build the said sewers covered by said contract. If the petitioners shall not pay such money to the comptroller with- in the time aforesaid, then al] proceed- ings hereunder shall be null and void, and after deducting from the money al- ready deposited by or on behalf of the petitioners, or secured by them to he paid, the amount of all expenses in con- nection with said proposed sewers, the comptroller shall return the balance of said money, 1C any. to the petitioners or their assigns. If the petitioners shall deposit the money for the purpose of ear- dying out said contract, as above pro- vided, the said borough president shall duly award said contract to the bidder entitled thereto, and shall proceed to the construction and completion of said sewers. When the said sewers shall have been completed, the said borough presi- dent shall deliver to and file with the comptroller and also with the board of assessors of said city a certificate set- ting forth the amount cf the entire cost of such portion of said sewers, including the interest accrued on said deposit to the date of said certificate, together with a map and statement shoving the loca- tion and general character of the sewer. Thereupon said board of assessors shall apportion and assess the cost of said sewers and the other expenses arising under this act upon the lands and prem- ises affected thereby in proportion to the amount of benefit derived by each of said lots without regard to the as- sessed valuation thereof, as in their judg- j ment shall be just, and shall prepare a list showing the separate parcels so benefited, and the amounts so assessed upon the same respectively, and thereupon the same proceedings shall be had for confirmation of said assessment and ap- portionment, as is provided in this char- ter, and said assessment and apportion- ment shall include interest to the date of such confirmation. The confirmation of said assessment and apportionment shall be final and conclusive upon all owners of land and all persons affected thereby. The board of assessors shall thereupon divide the amount proportioned and assessed upon each parcel of land affected thereby into twenty equal annual parts or installments together with in- terest upon each installment at the rae of six per centum per annum from the date of such confirmation of the ap- portionment and assessment to the first day of December in each said twenty years successively, and shall duly enter their said apportion- ment and assessment, with interest a3 aforesaid, and in said twenty yearly in- stallments, in books which they shall prop- erly certify. Thereupon said board shall deliver to and file in the offices of the comptroller and of the collector of assess- ments and arrears, respectively, one copy of said books of apportionment and as- sessment. On the first day of Septem- ber in each of said twenty years, re- spectively, the said assessment for said year shall be and become a lien upon the lands or parcels of land affected there- by, and the said filing in his office of the sa'd apportionment and assessment shall be to the collector of .assessments and arrears a full and proper warrant lor col- lecting the installments so levied, as they respectively become due in each year. The said installments so levied shall in each case be due and payable on the first day of December in each year, and according to said apportionment and assessment, and shall be collected in the same man- ner and subject to the same rebate and default as is provided by law in the ease of assessments in the said city affecting the lands in question, and all the pro- visions of law applicable to the sale of lands for the non-payment of assessments in the said city affecting the lands in question shall apply to the said assess- ments provided for herein. Each one of j the said several annual installments levied, as aforesaid in each year shall I notwithstanding any other provisions of I this charter, be a lien upon the lands I or parcels of land affected thereby only 1 from the time the same shall be re- | spect'vely levied. The owner of any par- cel cl land so assessed may at any time after the first installment shall have become due and payable, pay to the comptroller of The City of New York alt the installments not levied of the sum j made chargeable on said land, as ascer- J tainod by the board of assessors as pro- ! vided for in this section, with the proper | deduction or rebate for any interest for j any period subsequent to the date of said j payment and included in said unpaid in- I stallments respectively upon said books. ThereuDon the said land shall he dis- charged from all further liability on ac- count of such assessments. For the pur- pose of making such payments, such | owner shall present to the comptroller ] the certificate of the collector of assess- ments and arrears showing the amount of the said installments not levied and j paid, and upon receiving such payment j the comptroller shall certify the same to the collector of assessments and arrears, who shall thereupon cancel the assess- 1 r.icnts so raid. The collector of assess- Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 57 ments and arrears shall cause to be print- ed on all bills made out in his office for in- | Etallments of said assessments a reference to this section and a notification that the remaining installments may be paid and canceled in the manner herein provided. Whenever the petitioners or their assigns or nominees shall have paid, or shall have caused to be paid, to the comptroller the sum of money required to construct and build said sewers or any portion thereot, as specified in the said contract or con- tracts, they shall be entitled to receive the moneys and all interest thereon to be assessed and collected under this act, and all such moneys and interest so collected upon said assessment shall forthwith be paid over to the said petitioners, or their nominees or assigns. Whenever the said money shall have been so paid by said petitioners, or their nominees or assigns, the comptroller shall execute to the per- son or corporation so paying said money a certificate in writing stating that gaid money has been so paid, and that the per- son or corporation holding said certificate is entitled to receive the money so as- sessed together with interest thereon at the rate of six per centum per annum, and that the city will pay over from time to time said moneys and interest as they 'i shall be received and collected under this section. The petitioners, or their assigns, may from time to time designate various portions of said sewers, not less than the amount above specified, to be built and completed as herein provided, and there- upon the same proceedings as above pro- vided shall be taken for the building and completing of the said sewers so succes- sively designated, and for assessing and collecting the amounts expended for con- structing said sewers. In constructing this section, sewers twenty-four inches or less in diameter shall be deemed to be lateral sewers, and all sewers exceeding twenty-four inches in diameter shall be j deemed to be trunk sewers. If, in any case, the moneys deposited with the comp- troller shall exceed the cost of building and completing the sewers for which the said moneys were deposited, the comp- troller shall, upon ascertaining this fact, pay over such surplus to the petitioners or their assigns or nominees. If the moneys so deposited shall not be found sufficient to complete the sewers for which the same were deposited, then the comptroller may demand of the petitioners or their assigns or nominees the balance required to build and complete said sewers, and in case of their failure to pay the same, the comp- troller may retain any such balance out of the first, moneys coming into his hands from assessments upon the property upon which the said sewers were constructed. The petitioners shall have the right to ap- point in writing an attorney or nominee to I represent them in relation to said sewers before any of the authorities of the city, and to receive any moneys payable here- under or do any act or receive any notice required hereunder. Such appointment of e nominee or attorney shall be irrevocable without the consent of said nominee or attorney. Nothing herein contained shall in any way prevent The City of New York from taking such aelion as it may deem proper to build lateral sewers upon or do any other act in relation to any of the property mentioned in said petition. Thia section shall apply to the boroughs of Brooklyn and Queens in The City of New York. Conatrnotlon of sewage disposal works or plants and appurte- nances, and providing for tlie payment of the cost thereof hy local assessment. See. 401. Wherever In this act known as I “the Greater New York Charter.” or in any other act or acts applicable to The City of New York, or the mayor, aldermen and commonalty of the citv of New York, the words “sewer” or “sewers” or the words "construction, repairing and cleans- ing of sewers and underground drain,” or tho words “map or plan for the proper sewerage and drainage,” or the words “the construction and care and mainte- | nance of the sewer system and drain- ages,” or the words “local improve- ment” shall occur, the said words shall be construed to include and to mean sew- age disposal works or plants, and the nec- essary appurtenances thereto. It is the intent and meaning of this section that sewage disposal works or plants and the necessary appurtenances thereto, shall be construed as being a part and parcel of a sewer, and the cost of constructing and erecting the same shall be paid for bv local assessments upon the property deemed to be benefited therebv in the same way as the cost of constructing a sewer and appurtenances is paid for in J The City of New York, and the cost of | repairing, cleansing and maintaining such sewage disposal works or plants and aD- purtenances, shall be paid for in the sama way as the cost of repairing, cleansing and maintaining sewers and underground drains are paid for. Power and authority to construct and erect and maintain sew- age disposal works or plants and the necessary appurtenances thereto in The City of New York is hereby granted to the same authorities as the power to construct sewers and appurtenances is granted, such construction and erection and maintenance to be done under and pursuant to and in compliance with the same laws and regulations as apply to the construction and mainte- nance of sewers and appurtenances thereto. Court rooms ami supplies for Supreme Court. Sec. 402. The president of a borough must supply the supreme court, ap- pointed to be held within his borough, and the justices thereof, with the proper? and convenient rooms and furniture, to- gether with heat, lights, books, station- ery and other supplies suitable and suf- ficient for the transaction of its busi- ness; and, upon an order of the court therefor, with suitable and proper food, lodging and expenses for juries kept to- gether either during the progress of a trial or after their retirement for delib- eration. If he shall neglect so to do the court, or any justice thereof, may order the sheriff to make the requisite provis- ion. — Added by Laws of 1911, Chapter S54. TITLE 2. BUREAU OP BUILDINGS. Appointment of superi nteiidentai <1 Tin litigations ; jurisdiction. sal- aries. Sec. 405. There shall be in the office of each borough president a bureau to be known as “the bureau of buildings for the borough of .“ The presidents of the boroughs of Manhattan, The Bronx and Brooklyn shall, each within the bor- ough lor which he is elected, appoint a superintendent of buildings 'lor the bor- ough. The presidents of the boroughs of Queens and Richmond may. whenever ap- propriation is made therefor by the board of aldermen upon the recommendation of the board of estimate and apportionment, each within the borough for which he is elected, in like manner appoint a superin- tendent of buildings for the borough. Every superintendent of buildings so ap- pointed shall bo a competent architect or builder of at least ten years experience. The president of a borough mav. when- ever in his judgment the public interests shall require, remove the superintendent of buildings of his borough. Every such superintendent shall hold office until his successor is appointed and has qualified. The salaries of the super- intendents of buildings in the boroughs of Manhattan. The Bronx and Brooklyn shall, unless otherwise fixed as provided in this act. be five thousand dollars a year. The salary of the superintendent of buildings in the borough of Queens 'if that office is created) shall, unless other- wise fixed as provided in this act. be three thousand five hundred dol- lars a year. The salary of the su- perintendent of buildings In the bor- 1 ough of Richmond (if that office is created) shall, unless otherwise fixed as provided in this act. be two thousand five hundred dollars a year. In case no super- intendent of buildings is appointed by either the president of the borough o f Queens or the president of the borough of Richmond, then the presidents of the said boroughs respectively shall each, within the borough for which he has been elected; exercise all the powers and dis- charge all the duties of a superintendent of buildings for that borough. The words “superintendent of buildings’' wherever used in the subsequent sections of this chapter shall be taken and held to mean a superintendent of buildings lor onv borough lawfully appointed by the presi- dent thereof, under the preceding pro- visions of this section, or. in the case of the boroughs of Queens and Richmond. th« borough president in case he shall not have appointed a superintendent of build- ings. Unties of siiperin ten«lei|t s ; appoint- ment and removal of Subordinates. Sec. 406. Each superintendent of buildings except as otherwise provided in this art. shall, within the borough in which he has jurisdiction, have exclusive jurisdiction and charge, subject to and in accordance with the general rules and regulations to be es- tablished by the board of standards and ap- peals, of the construction, alteration, struc- tural changes in and removal of buildings and other structures erec .eel or to be erected within such borough, including sidewalk elevators, vaults, the coverings thereof and entrances thereto. But, such jurisdiction shall not extend to water front property owned by the city of New York, bridges, tunnels, subways and structures appurtenant thereto nor be held to affect the powers or duties of the tenement house department. Each superintendent of buddings shall have exclusive jurisdiction to require that tho construction or alteration of all buildings hereafter constructed or altered shall con- form to such provisions of the labor law and other laws as may be applicable thereto and shall also have power to enforce in his borough the laws relating to the protection of persons employed in the construction, alteration, or removal of buildings or struc- tures, and to enforce the provisions of such ordinances as are or may be established by the board of aldermen, relating to the con- struction, alteration and removal of build- ings or the structures erected or to be erected within such borough. Each super- intendent of buildings within the limits of his appropriation shall have the power to appoint subordinate officers, as follows: such chief inspectors of buildings, and such in- spectors of buildings, engineers, clerks, messengers, assistants and other subordinate-* as in his judgment may be necessary and proper to carry out and enforce such rules and regulations and ordinances and the pro- visions of said laws and of this chapter within the borough under his jurisdiction. The chief inspector of buildings shall be a competent architect, engineer rr builder of at least ten years’ practice. The inspectors shall be competent men, either architects, engineers, masons, carpenters, plumbers, plasterers or Ironworkers, who shall have served at least five years as such. It shall not be lawful for any officer or employee in the building bureau of any borough to be engaged in conducting or carrying on busi- ness as an architect, civil engineer, struc- tural engineer, sanitary enginer, carpenter, plumber, iron worker, mason or builder, or any other profession or business concerned with the construction, alteration or equip- ment of buildings, while holding office in the bureau, or to be engaged in the manufacture or sale of automatic sprinklers, fire ex- tinguishing apparatus, fire protection vices, fire prevention devices, or devices re- lating to means or adequacy of exit from buildings or of articles entering Into tn— construction or alteration of buildings, or act as agent for any person engaged in tho manufacture or sale of such articles, or own stock in any corporation engaged in the manufacture or sale of such articles. Each superintendent of building shall have power to designate in writing one of the inspector* so appointed by him to act on any survey authorized by law, or to perform such other duties as the said superintendent may di- rect, Each superintendent of buildings may designate a chief inspector of buildings, who, during the absence or inability of such super- intendent shall possess all the powers and perform all his duties so far as they relate to buildings. Each superintendent of build- ings shall have power to punish any em- ployee. for neglect of duty, or omission to properly perform liis duty, for violation of rules, or neglect or disobedience of orders, or incapacity, or absence without leave, by forfeiting and withholding pay for a specified lime, or by suspension from duty with or without pay not exceeding thirty days, or subject to the requirements of tho civil serv- ice law remove or dismiss any inspector of, B8 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK buildings or other subordinate appointed by him or by any predecessor in office from the service of the bureau at any time in his discretion. Any officer or employee of 01 in the bureau of buildings of any borough, or police officer thereo detailed, who shall ask, solicit or accept or receive any money or other compensation for enforcing or for modifying or changing any order or re- quirement of said bureau shall be guiltv of a felony. — As amended bv Laws of 1916. Chap. 503. Continuation and repeal of exist- ing' Ians; building code. (See Code of Ordinances Library.) Sec. 407. The board of aldermen is au- j thorized by ordinance to regulate and re- j strict the height of buildings to be here- after erected in ilie city. When any or- dinance on that subject is introduced the board of aldermen shall provide for public hearings in reference thereto, before it or before appropriate committees, and no or- dinance restricting the height of buildings shall be passed unless it is approved be- forehand by the board cf estimate and ap- portionment by a resolution or vote of a majority of the members of such board “ntercti on its minutes or record, and un- >ss it shall be passed by a majority of all ho members elected to the board of al- dermen. the vote being taken by ayes and noes. The building code -which shall be in force in The City of New York on the lirst day of January, 1902, and all then ex- isting provisions of law fixing the pen- alties for violation of said code, and all ■•lien existing laws affecting or relating to the construction, alteration or remov- al of buildings or other structures with- in The City of New York are hereby de- clared to be binding and in iorce in The City of New York, ^nd shall continue to be so binding and in force except as the same may from time to time be revised, altered, amended or repealed as herein provided. No right or remedy of any character shall be lost or impaired or af- fected by reason of this chapter. This chapter shall not affect or impair any act done or right accruing, accrued or ac- quired or penalty, forfeiture or punish- ment incurred prior to the time when this act takes effect or by virtue of any law repealed or modified by this chapter, but the same may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if this act had not boon passed or said law had not been repealed es modified. The board of aldermen shall have power from time to time to amend said building coc’j and said laws to pro- vide therein for all matters concerning, affecting or relatin'* to the construction, alteration or removal of buildings or structures erected or to be erected in The City of New York, and for the purpose of preparing or amending such code to ap- point and employ a commission of ex- perts. The said building code which is in force May first, 1904. shall constitute a chapter of the code of ordinances of The City of New York — As amended by Laws 1904. Chanter 602 and Laws, 1904, Chapter 62S. Note: Chapter 602 was areented by the City and became a law. May 4. 1004, Chapter 62S was also accented by the City and became a law May 6, 1904: section 407, as printed above is the section found in Chanter 628. See on this subject the op«e of Matter of Rochester Water Commis- sioners, 66, N. Y. 413. General provisions relative to ex- isting Itnihlins laws. Sec. 408. The superintendent of build- ings appointed by the president of the borough of Manhattan shall' within such borough iD addition to the powers, rights and duties expressly conferred or imposed upon him hv 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 board of builldings of The City of New York and of the commission- er of buildings appointed for the boroughs of Manhattan and The Bronx so far as they relate to the borough of Manhattan and except in so far as the same are inconsistent with or 'are modified by this act. The superintendent of buildings ap- pointed by the president of the borough of Th 3 Bronx shall within such borough, in addition to the powers, rights and du- ties expressly conferred upon him by this act, and except as hereinafter expressly p-povided, 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 board of buildings of The City of New York and of the commissioner of buildings appointed for the boroughs of Manhattan and The Bronx, so far as they J relate to the borough of The Bronx, and except in so far as the same are incon- sistent with or are modified by this act. The superintendent of buildings appoint- I ed by the president of the borough of j Brooklyn shall, within such borough, in addition to the powers, rights and duties expressly conferred or imoosed upon him by this act, possess and exercise ail the powers, rights and duties, and shall be subject to all the obligations heretofore vested in. conferred upon or required of the board of buildings of The City of New York and of the commissioner of buildings appointed for the borough of Brooklyn so far as they relate to the borough of Brooklyn, and except in so far as the same arc inconsistent with or are modified by this act. The president of the borough of Queens, in case he shall not appoint a superintendent of buildings, and if he shall appoint such a superin- tendent. then such superintendent shall within such borough in addition to the powers, rights and duties expressly con- ferred 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 board of buildings of The City of New York and of the commissioner of build- ings appointed for the boroughs of Queens and Richmond, so far as they re- late to the borough of Queens, and ex- cept in so far as the same are incon- sistent with or are modified by this act. The president of the borough of Rich- mond, in case he shall not appoint a superintendent of buildings, and if he shall appoint such a superintendent, then such superintendent shall within such borough, in addition to the powers, rights and duties expressly conferred or impos- ed upon him by this aer, possess and ex- ercise all the powers, rights and duties, and shall be subject to all the obligations heretofore vested in, conferred upon or required of the board of buildings of The City of New York and of the commission- er of buildings appointed for the boroughs of Queens and Richmond, so far as they relate lo the borough of Richmond, and [except in so l'ar as the same are incon- sistent with or arc modified by this act. Hales and regnln t ions. Sec. 409. K&ch president of a borough shall have power to establish administrative rules and regulations for the conduct of the business and the regulation of the employees of the bureau of buildings of his borough. The superintendent of buildings of each bor- ough shall enforce such administrative rules and regulations and administer the building bureau of Ibis borough.— As amended by Laws of i!‘lS. Chap. 503. Sec. 410. Repealed by Act of 1916. Determination of questions. Sec. 411. Kach superintendent of buildings shall have power and it shall he his duty, subject to the provisions of law and the ordinances of the board of aldermen, and the general rules and regulations established according to law to pass upon any question relative to the mode, manner or construction cr materials to he used in the erection or alteration of any building or other structure erected or to he erected nithin the borough under his jurisdiction which is included within the provisions of this chapter, or of any existing law applicable to such borough relating to the construction, alteration or removal of buildings or other structures, and to require that such mode, manner of con- struction or materials shall conform to the true intent and meaning of the several pro- visions of this chapter and of the laws and ordinances aforesaid, and the rules and regu- lations applicable thereto, but. where there are practical difficulties in the way of carry- ing out the strict letter of the law, the spirit of the law shall be observed and public safety secured and substantial justice done. provided that variations from the strict let- ter of the law or the building code shall he approved by the borough president. But a superintendent of buildings shall not have power to vary from or proceed contrary to the labor law, except as it may be modified by the board of standards and appeals as provided in this act. or contrary to a rule or decision of the hoard of standards and ap- peals or board of appeals, or contrary to an order of the fire commissioner, except as such an order may be modified by the board of appeals, nor of the tenement house com- missioner. Whenever a superintendent of buildings to whom such question has been submitted shall reject or refuse to approve the mode, manner of construction or ma- terials proposed to be followed or used in the erection or alteration of any building or structure, or when it is claimed that the rules and regulations of the board of stan- dards and appeals or the provisions of law or of said ordinances do not apply, or that an equally good and more desirable form ot' construction can be employed in any specific case, the owner of such building or structure, or bis duly authorized agent, may appeal from the decision of such superin- tendent to the board of appeals.— As amended by Laws of 1916. Chap. 503. Certificate of occupancy. Sec. 411-a. 1. New buildings. No build- ing hereafter erected shall be occupied or used, in whole or in part, for any purpose whatever until a. certificate of occupancy therefor in such form as may be authorized by the building code and the hoard of standards ar.d appeals, certifying that such building conforms to the requirements of all laws, ordinances and rules and regula- tions of the board of standards and ap- peals applicable thereto shall have been issued by the superintendent of buildings of the borough in which such building is situ- ated. 2. Buildings hereafter altered. No build- ing hereafter altered or converted from one class to another class shall be occupied or used in whole or in part for any purpose whatever, in case such building was vacant during the progress of the work, or in case such alteration did not necessitate the vaca- tion of the building during the progress of the work the occupancy or use of any such building shall not continue more than thirty days after the completion of such alteration, unless a certificate of occupancy shall have been Issued by the superintendent of build- ings of the borough in which such building is situated in such form as may be author- ized hv the building code. 3. if there be in any building hereafter erected, altered or converted from one class to another class any auxiliary fire extinguish- ing appliances stand pipes or other ap- pliances required or intended to he used for extinguishing fires, the certificate of occu- pancy issued for any such building as pro- vided in subdivision one or two of this sec- tion shall he not deemed complete, unless the installation of the appliances mentioned in this subdivision lias been inspected by the fire department, and approved in writing, either in a separate certificate or by en- dorsement upon the certificate of occupancy. 4 A certificate of occupancy issued as provided in subdivisions one and two of this section shall not be binding on the lire com- missioner with respect to any building which shall lie or lie intended to he used for the storage or use of chemicals, combustibles or explosives or for any trade, purpose or occu- pation which tile hoard of standards ami appeals may classify by general rule as being hazardous. 5. ICxcept as provided in subdivision four, every certificate of occupancy issued, as provided in subdivision one or subdivision » wo of tills section, and approved, if re- quired to lie approved under subdivision Mirer shall until set aside or vacated by ilie hoard of appeals, lie and remain binding and conclusive upon all officers, departments, commissions, hoards and bureaus of the city, except upon the tenement house department, and shall Vie binding and conclusive upon ihc department of labor of the state of New York as to all matters therein spt forth, and no order, direction, nr requirement at ; variance therewith shall he niade or issued ! hv any officer, department, hoard or bureau of the said city, except the tenement house department, nor by the department of labor of the state of New York, or any comm.s- sion. hoard, officer or member thereof. n Temporary certificates. The superin- tendent ot buildings may on request of the owner or his authorized representative, issue a temporary certificate of occupancy for any part ot a building or structure, provided ! that such temporal r occupancy or use would i rot in any way .jeopardize life or property. Rut no such temporary certificate shall he issued in the case of a tenement house un- less and until a certificate is issued by the tenement house commissioner as provided in section thirteen hundred and forty-four. The word class as used In this section re- fers to the classification of buildings in the building code.— As added by Laws of 19n;, Chap. 503. Accounts; nnnnnl estimates; ex- penditures. Sec. 412. Each superintendent ol build-. Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 59 lngs shall keep accurate and detailed ac- counts, in a form approved by the comp- troller of all moneys received and ex- pended *oy him, the sources from which they are received and the purposes for which they are expended. Record of applications. Sec. 413. Each superintendent of build- ings shall keep a record of all applications presented to him concerning, affecting or relating to the construction, alteration or removal of buildings or other structures. Such record shall include the date of the filing of each such application; the name of the applicant; the name and address of the owner of the land on which the struc- ture mentioned in such application is sit- uated; the names and addresses of the architect and builder employed thereon; a designation of the premises by the street number, or otherwise, sufficient to iden- tify the same; a statement of the nature and proposed use of such structure; and a brief statement of the nature of the ap- plication, together with a memorandum of the decision of the superintendent upon such application and the date of the ren- dition of such decision. The books con- taining such records are hereby declared to be the public records, and shall be open to inspection at all reasonable times. Hooks, plans, etc., to be delivered (o borough president*. Sec. 414. Each commissioner of buildings as constituted by chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-seven is hereby re- quired and directed to turn over and de- liver on January first, nineteen hundred and two, to the president of each bor- ough, so far as the same shall apply to the borough of which he is president, all plans, records, books, and papers relating to buildings filed with or deposited with said commissioner or turned over to him by his predecessor, and all official records and papers of every kind in his posses- sion. in case any doubt shall arise as to the proper disposition of said plans, books, papers and records, the presidents of the various boroughs shall meet together and devise a plan for such distribution, which plan when approved by the mayor shall be followed by the said presidents and said commissioners in. their distribution of all such plans, books, records and papers relating to buildings. I’liiinbers to register. Sec. 415. (a)— Once in each year every employing or master plumber carrying on his trade, business or call- ing in The City of New York shall register his name and address at the office of the bureau of buildings in the borough of the said city in which he performs work, under such rules and regulations as the said bureau pre- scribes, and thereupon he shall iie en- titled to receive a certificate of such registration from said bureau, if, at the time of applying for such registra- tion he holds a certificate from the ex- amining board of plumbers of said city and is a citizen of the United States. Kach person obtaining such certificate from the examining board of plumbers after the date fixed by the bureau of buildings for registration, may, how- ever, register with the bureau of build- ings within thirty days after the issu- ance of such certificate. Such registra- tion may be canceled by the superin- tendent of buildings for a vio’ation of the rules and regulations for the plumbing or drainage of such chy duly adopted, or in force pursuant to the provisions of this section, or when- ever the person so registered ceases to hold a certificate from the examining board of plumbers or to be actually engaged in the business of master or employing plumber, after a hearing had before said superintendent, upon prior notice of not less than ten days. (b) The plumbing and drainage, of all buildings both public and private in Th'i City of New York, shall conform to tho rules and regulations lawfully adopted by the superintendents of buildings of the various boroughs. Said rules and regulations hereafter adopted, and any changes thereof, shall be published in the City Record on eight successive Mondays before they shall become operative. Suitable drawings and descriptions of plumbing and drainage shall in all cases be submitted and placed on file in the bureau of buildings of the borough in which the work ;ns, cards, stationery or in any other manner whatsoever. (c) No person registered as pro- vided in the preceding section, or who holds a certificate from the examining board of plumbers, shall, for the bene- fit of any person engaged in the plumbing business who is not so regis- tered, apply for, receive or make use of. any permit granted to him by reason of being so registered, or hold- ing such certificate from tho examin- ing board of plumbers. (d) Any person violating any of the provisions of this section or the pre- ceding section shall be fined for such offense in a sum not exceeding two hundred and fifty dollars or by im- prisonment for a term not exceeding three months, or by both, and in addi- tion shall forfeit any certificate of the examining board if plumbers or any certificate of registration he may hold at the time of such conviction. (e) Nothing in this section or tho 1 precedm® section slm’.l Tibrogats or im- pair any of the powers of the health department, the tenement house de- partment, the board of aldermen, and the board of estimate and apportion- ment of the city of New York with re- spect to the regulation of plumbing and drainage in the said city. [Added by Laws of 1913, chap. 754 ] CHAPTER X. COVTIl ACTS AM) LOCAL IMPROVE- MENTS. Title 1. General provisions relating to contracts. Title 2. Local boards. Title 3. Local improvements. Title 4. Maps and plans. TITLE I. GENERAL PROVISIONS RELATING TO CONTRACTS. Honril of aldermen; restriction on powers of. Sec. 417. It shallnot be lav/ful for the board of aldermen to enter directly into contract for any public work or improve- ment whatsoever. Board of aldermen; farther restric- tions. Sec. 418. It shall not be lawful for the board of aldermen to release any contrac- tor with the city or with any of the de- partments, boards, bureaus or officers thereof, from any fine or penalty incurred under his contract, save upon the unani- mous recommendation of the board of estimate and apportionment. And it shall not be lawful for the board of aldermen to extend the time for the performance of any such contract save upon llie unani- mous recommendation of the board of estimate and apportionment. Contracts for work or supplies. Sec; 419. All contracts to be made or let for work to be done or supplies to be furnished, except as in this ace other- wise provided, and all sales of personal property in the custody of the several borough presidents, departments or bu- reaus shall be made by the appropriate borough presidents or heads of depart- ments under such regulations as shall be established by ordinance or resolution of the board of aldermen. 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 supplies shall, together, involve the expenditure of more than one thou- sand dollars, the same shall be by con- tract, under such regulations concerning it as shall he established by ordinance or resolution of the board of aldermen, excepting such works now in progress as are authorized bv law or ordinance to *>• done otherwise than by contract, ana less otherwise ordered by a vote of tbret.-.- fourths of the members elected to tb.8> board of aldermen; and all contracts shall be entered into by the appropriate borough president, and heads of depart- ments, and shall, except as herein other- wise provided, be founded on sealed bids or proposals, mad/i in compliance with cubi c notices, duly advertised -tn the City Record, and the corporation newspapers, and said notice to be published at least ten days; if a borough president or 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 offi- cer of the city government, award the contract to the lowest bidder, unless the board of estimate and apportionment by 60 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK a three-quarter vote of the whole board. • hall 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 settled by the corpora- tion counsel as an act of preliminary • pecification to the bid or proposal. In any contract for work or supplies made hereunder, there may be inserted, i in the discretion of the borough presi- dent or head of department making such j contract, a provision that additional work may be done or supplies furnished for the j purpose of completing such contract, at j an expense not exceeding five per centum of the amount of such contract, if such additional work or supplies shall be or- dered by such borough president or head of department. The bidder whose bid is accepted shall give security for the faithful perform- ance of his contract in the manner pre- scribed and required by ordinance; and the adequacy and sufficiency of this se- curity shall, in addition to the justifica- tion and acknowledgment, be approved by the comptroller, AU bids or proposals shall be publicly opened by the officer or offi- cers advertising for the same, and in the presence of the comptroller, but the open- ing of the bids shall not be postponed if t he comptroller shall, after due notice, fail to attend; if the bidder whose bid has been accepted 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 con- tract 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 readvertised and relet by the appropriate borough president or the head of the ap- propriate department in the manner in j 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 other- wise, upon any obligation to the city. Every contract when made and entered into, as before provided for, shall be ex- ecuted in duplicate, and shall be filed in the department of finance; together with a copy of the resolution or ordinance of the board of aldermen and the local hoard, and together with the approval of the board of estimate and apportionment wherever the same is required by the pro- visions of this act, or copies of both, as the case may be, authorizing said work; such copy shall be so filed within five days after the contract shall have been duly executed by the contractor. All •warrants upon vouchers duly audited and approved, for payment of amounts due under contracts, shall, by number or other description, refer to the voucher, the fund and the contract upon which the payment is to be made; and all checks drawn by the chamberlain on warrants duly approved and executed pursuant to law, as payments on contracts, may be mailed to the contractor at the address furnished by him, or delivered to him or bis authorized representative, and when so mailed or delivered, the indorsement ■by the contractor upon a cheek attached to such a warrant, which has been paid by the bank or trust company upon which the same has been drawn, shall be con- sidered as a receipt of the contractor for the amount of said check so paid on ac- count of said contract. No expenditure for work or supplies in- volving an amount for which no contract is required shall be made, except the ne- cessity therefor he certified to by the appropriate borough president or the bead of the appropriate department, and the expenditure has been duly authorized and appropriated. — As amended by Chap- ter 554, Laws 1910. Proposals to l»e advertised; deposit to accompany liltl. Sec. 420. Whenever proposals for fur- nishing supplies or doing work are in- vited by advertisement by any department j or officer, such department or officer is authorized and directed to require, as a i ' condition 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 the order of the comptroller, or of money or of corporate stock or certifi- cates of indebtedness of any nature, issued by the city of New York, which the comptroller shall approve as of equal value with the security required; such checks or money or corporate stock or certificates of indebtedness to accompany the proposal, to an amount not less than three nor more than five per centum of the amount of the bond required by the department or officer for the faithful per- formance of the work proposed to be done or supplies to be furnished. Within ten days after the opening of bids, the comp- troller shall return all the deposits made to the persons making the same, except the deposits made by the lowest three bidders; within three days after the de- cision as to whom the contract is to be awarded, the comptroller shall return the deposits to the remaining persons making the same, except the deposit made by the bidder whose bid has been accepted, and if the said bidder whose bid lias been accepted shall refuse or neglect, within five days after due notice that the con- tract has been awarded, to execute the same, or to furnish the required bond, 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 Ihe contract and fur- nish the required bond within the time aforesaid, the amo. nc of his deposit shall bo returned to him. — As amended by Laws 1912. Chapter 528. Certilloate or completion to lie flleil. Sec. 121. It shall be the duty of any bor- ough president, or head of any department having in charge any work, within five days after the acceptance of such work, I to file with the comptroller a final certifi- cate 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 ac- cording to contract. It shall also be the duty of such borough president, or head of department, in the case of work to be paid for in whole or in part by assess- ment 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 1 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 as- sessors in accordance with sect-on nine ! hundred and forty-six of this act. Aceom- ; panying said certificate shall be a copy of the resolution of the board of estimate j and apportionment or of the resolution or ordinance of the board of aldermen, or ’ of the resolution of the local board or i department, or copies of any or such of them as may be required, authorizing such | work to be done, and also a copy of any resolution or ordinance, if any such has ! been passed, determining that any propor- tion of the cost and expense of such work shall be borne by The City of New York. The board of assessors shall, upon receiv- ing such certificate, assess upon the prop- erty benefited, in the manner authorized j by law, the amount of the certificate, or such proportions thereof, as Is authorize 1 by law. The proceedings relative to levy- ing, confirming and collecting any such as- sessments shall be in accordance with the provisions of chapter seventeen of tins act. Comptroller to pay contractor*. ' Sec. 422. When a contract for a public im- I proven) p n t shall have been entered Into and a certified copy thereof shall have been filed ; with the comptroller. In conformity with sec- tion four hundred and nineteen of this act. said comptroller is hereby authorized and directed to pay to the contractor or his as- signs, from time to time as the work pro- gresses. eighty-five per centum of the esti- mated value of the work actually done under said contract, until the same shall have been comp eted. The estimate of the value of any such work shall be signed by the surveyor and also by the chief engineer of the depart- ment having the matter in charge, and upon the final completion of any contract and filing of the final certificate of completion, the comp- troller shall, within thirty days thereafter, or 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 con- tract, provided, however, that tire board of aldermen, upon t Ire recommendation of the board of estimate and apportionment, may au- thorize contracts for asphalt or other pave- ment 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 tlie amount to be paid, which shall be paid within thirty days after the expira- tion of the guaranty, upon the filing of a cer- tificate signed by the chief engineer of the riepanment having the matter in charge that the terms of the contract have been complied with. The payments to be made by the comp- troller pursuant to this section shall be made out of the ’‘street improvement fund," if the cost and expense of said work are to be as- sessed in whole or in part upon property deemed to be benefited thereby. The amounts collected from any and all assessments for local improvement paid out of such fund, are to be paid into said fund. It shall be the duty of, and lawful for the comptroller, when thereto authorized by the * beard of estimate and apportionment to create and issue such additional amounts of the corporate stock of the ciiy 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 *born and paid by the city of New York; and the pro- ceeds of the sale of such stock shall be paid into thP street improvement fund.— As amend- ed by Laws of 19H, chap. H6. TITLE 2. LOCAL BOARDS. Districts for home rule anti local improvements. Sec*. 420. For the purpose of home rule and local Improvements tlie territory of the city of New York is hereby divided into twenty-four districts of local Improvements. The first dis- trict shall consist of the county of Richmond, and shall be called Staten Island; the second district shall consist cf the sixtieth, sixty-first, and sixty-second aldermanie districts of tlie city of New York as constituted by this act. l»i ini? part of the county of Queens, and shall he called Newtown ; the third district shall consist of the sixty-third and sixty-fourth aldermanie districts of the • ity of New York, being part of the county of Queens, and shall be called Jamaica ; the fourth district shall consist of the territory comprised in the thirty-sixth, thir- ty-seventh and thirty-eighth a'dermanic districts of tin* city of New York as constituted by this act, being part of the county of Kings’, and shall be called The Heights. The fifih district shall consist of the territory comprised in the thirty-ninth, fortieth and forty- first aldermanie districts of the city of New York and shall be called Bedford. The sixth district shall cohsist of the territory comprised in t tie forty-second, forty -third and forty-fourth aldermanie districts of the city of New York, and shall be called Ray Ridge. Tlie seventh district shall consist of the terri- tory com:ir:«-°d in the forty-fifth, forty-sixth and for. v - ev nth aldermanie districts of th; city of L.exv . o.*k, and shall be called Prospect Heights. The eighth district shall consist of the terri- tory comprised in the forty-eighth, forty -nintli and fiftieth aldermanie districts of the \ v York, and shall be called P.u-hwiek. The eleventh district shall consist of the ter- ritory comprised in the fifty-seventh, fifty eighth and fifty-ninth aldermanie districts of the cl c of New York, and shall be called New Lots. Tne twelfth district shall consist of the ter- ritory comprised in the first, second and third aldermanie districts of the city of New York, and shall be called Greenwich. The thirteenth district shall consist of the ter- ritory comprised in the fourth, sixth and eighth aldermanie districts of the city of New York, and shall be called Oorlear’s Hook. The fourteenth district shall consist of the territory comprised in the tenth, twelfth and fourteenth aldermanie districts of the city of New York, and shall be called Kip’s Hay. The fifteenth district shall consist of the ter- •So in original. Eagle Library— THE CHARTER OF THE CITY OF NEW YORK ""i t r pvT- r$T <- ; •« Cl " rltoiy comprised in tlic liftii, seventh and ninth aJdermauic districts of ihe city of .New York, aiul shall be called Chelsea. The sixteenth district shall consist of the territory comprised in the sixteenth, eighteenth and twentieth ajdermanic districts of the city of New York, and shall be called Hell Gate. The seventeenth district shall consist of the territory comprised in the eleventh, twenty-first and twenty-third aldermanie districts of t lie city of New York, and shall he called UroaU- vay. The eighteenth district shall consist of the territory comprised in the twenty-second, tweu tv-fourth and twenty-sixth aldermanie districts . f the city of New York, and shall he called llarlem. The nineteenth district shall eousist of the territory comprised in the thirteenth, tweuty- jifth arid twenty-seventh aldermanie districts of ihe city of New York, and shall he called Saint Nicholas. The twentieth district shall consist of the territory comprised in the fifteenth, seventeenth and nineteenth aldermanie districts of the city nf New York, and shall he called Washington 1 Idghts. Ihe twenty-first district shall consist of the territory comprised in the twenty-eighth alder- manic district of the city of New York, and shall be called Morrisania. 1'he twenty -second district shall consist of the territory comprised ill the twenty-ninth and thirtieth aldermanie districts of the city of New York, and shall be called Chester. The twenty-third district shall consist of the territory comprised in the thirty-first and tint i.v -second aldermanie districts of the city of New York, and shall be called Grotona. The twenty-fourth district shall consist of the territory comprised in the thirty-third, thirty- fourth and thirty-fifth aldermanie districts of ihe city of New Y'ork. and shall be called Van Courtlandt.— As Amended by Laws of 1910, Chap. 540. 'Ihe loeal boaril; how constituted. jurisdiction. Sec. 426. There shall be in each and ever district of local improvements a board of local improvements to be known and described as "the loeal board,” to be intrusted with the powers by this act pre- scribed. The jurisdiction of each local hoard shall be confined to the district for which it is constituted, and to those sub- jects 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 with- in 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 of the board of aldermen who represents an al- dermanic district within such local im- provement district, by virtue of his office and during his term as such member. The members of the local board shall serve as such members without compensation. If any proposed local improvement speci- fied in section four hundred and twenty- eight of this act shall embrace the terri- tory or affect the property of more than one district of local improvements, the members of the local boards of all the dis- tricts so affected shall, for all proceed- ings in the matter of such improvement, constitute the local board for the pur- poses thereof, and its proceedings shall in all respects conform to the provisions of this act shall regulate the proceedings of any other local hoard. 1*1.; procedure. Sec. 427. The action of a local board shall be by resolution, subject to the pro- cedure governing resolutions passed by the board of aldermen and conformably there- to save that they need not be submitted :o the mayor of The City of New York for his approval except as provided in the .iext section. Every resolution of a local board shall, before it takes effect, be ap- proved by the borough president. Id.; power*. Sec. 428. A local board, subject to the restrictions provided by this act, shall have power in all cases where the cost of the improvement is to be met in whole or in part by assessments upon the property benefited, to initiate proceedings for the following purposes: to construct tunnels and bridges lying wholly within the bor- ough; to acquire title to land for parks and squares, streets, sewers, tunnels and bridges, and approaches to bridges and. tunnels; to open, close, extend, widen. grade, pave, regrade, repave and repair the streets, avenues and public places, and to construct 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 desig- nating the names of the streets. All reso- lutions affecting more than one local im- provement district or the borough gen- erally, shall be adopted only at a joint meeting of all the local boards of the bor- ough. and by a majority of the members of said boards. Id.; further power*. See. 420. A local board shall have power to hear complaints of nuisances in streets or avenues, or, against disorderly houses, drinking saloons, conducted in violation of the laws regulating the traffic in liquor, 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 government respecting any neighborhood within the district, or con- cerning the condition of the poor within the district, and to pass such resolutions concerning the same as may not be incon- sistent with the powei’3 of the board of aldermen or of the respective administra- tive departments of The City of New York, and to aid such board of aldermen and departments in the discharge of their duties respecting the good government of the said district. All resolutions passed under the authority of this section shall be submitted to the mayor; and if he shall within ten days thereafter declare the same to be general in character, they shall be invalid; otherwise, they shall take effect upon the expiration of said pe- riod of ten days. hi. I meeting'*; secretary; quorum. Sec. 430. 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 president to call such rneet- l ings whenever in his opinion the public business 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 jail resolutions, proceedings and determin- ations of each local board, and shall file the same in the office of the president of the borough, and he shall discharge such other duties as may be prescribed by this act, or by the board of aldermen, or by the president of the borough, or by a locai board. The president of a local board and one other member thereof shall consti- tute a quorum for the transation of busi- ness at any meeting duly called. TITLE 3. LOCAL IMPROVEMENTS. President; duty on reeelpt of peti- tion. Sec. 432. When a petition for a local improvement within the jurisdiction of a ; local board has been received by the 'president of the borough, it shall be his duty to appoint a time for the meeting of the proper local board, not more than fif- teen days thereafter, at which meeting j such petition will by him be submitted j to the said loeal board, and he shall there- upon 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 ihe notice. Local lion i'dj proceeding* niter pe- tition. I Sec, 433. The local board, after the sub- mission o; such petition arid conslderat ion of the same, uiay then, as the petition shall ask, pass a resolution to bridge, to tunnel, to open, to close, to extend, to widen, to regulate, to grade, to curb, to gutter, to flag and to pave streets, to lay crosswalks, and to construct sewers with- in its district and generally for such other improvements in and about such streets within its district as the public wants and 1 convenience of the district shall require. Id.: t o transmit resolution; further procedure; expenses to be n lien. Sec. 434. If the local board shall by reso- lution decide that proceedings he initiated lor a local improvement within its juris- diction, it shall thereupon, forthwith, transmit a copy of such resolution to tin* board of estimate and apportionment. Said board shall promptly consider such resolution, and approve or reject the same, and return said resolution if approved to the president of the borough where it originated, and he may thereupon proceed in the execution of the work covered by said resolution in accordance with the pro- visions of this act; but no public work or improvement, involving an assessment for benefit, shall he authorized until there has been presented to the board of esti- mate and apportionment 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 pre- ceding tax roll, of the real estate included within the probable area of assessment. 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; but no such work shall be done by the borough presi- dent on any item which imposes a charge upon the whole city of more than five hundred thousand dollars, except with the approval of the board of aldermen. Local boards; power to flag- side- walks, etc. Sec. 435. A local board shall have the power to cause the grading or regrading, the flagging or reflagging, the curbing or reeurbing of side- walks. laying or relaying of crosswalks, con- strutting of gutters, receiving basins and inlets, fencing vacant lots, digging down lots or tilling in sunken lots within its district, by resolution approved by the board of estimate and appor- tionment ; provided, however, that when the ex- penses to be incurred by any one such resolu- tion shall not exceed the sum of two thousand dollars, the approval of the board of estimate and apportionment shall not be necessary. When such public work or improvement shall have been authorized, the president of the borough within which such work is to be done shall proceed forthwith to the execution thereof.— As amended by Laws of 1916, Chap. 493. Rower to assess tor local Improve- in cuts. Sec. 436. In all cases where the board of estimate and apportionment or the board of aldermen or the board of esti- mate and apportionment and the board of aldermen together, with or without the concurrence or approval of any other board or officer are authorized to de- termine that a local improvement is to be made, the said board of estimi.'e and apportionment or the said board of aider- men, or both, as the case may be, shall determine whether any, and if any, what proportion of the cost and expense there- of shall be borne and paid by The City of j New York and the remainder- of sucu cost and expense shall be assessed upon the property deemed to be benefited j ihereby; and the assessment shall be laid I and confirmed and collected in accordance | with the provisions of chapter seventeen . of this act. The determination or de- i cision of such board as to the proportion j of cost and expense to be borne and paid | by The City of New York, as to the pro- j portion to be borne by the property j benefited, after it shall have been made j and announced, shall be final, and such j determination or decision shall nu> i reopened or reconsidered by said board, j Except that the board of estimate a w* apportionment as provided in this sec- tion. may in its discretion, upon the pe- tition of a majority of property owners whose property has been assessed because deemed to be benefited by such local Im- provement, as herein provided within si* (32 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK months after such assessment has been I Imposed reopen and reconsider its said j determination and decision and may re- I determine the proportion of such ex- pense to be borne by The City of New York and by the property benefited as' hereinbefore provided in this section. The words “local improvement” aj used in this section shall be construed to mean any work the payment of which was, prior to the passage of this act pro- vided for, by the laws in force in the territory of the corporation formerly known as the mayor, aldermen and com- j monalty of the city of New York, in whole or in part, by assessment upon the j property deemed to be benefited thereby j or the owners thereof, other than as- sessments which are confirmed by a court of record. — As amended by Laws 1907, j Chapter 678. Constrnetinn of till* title. Sec. 437. Nothin" in this title con- j tained shall be construed to in any way j limit the power of the board of aldermen! In authorizing any public improvement. TITLE 4. THE MAP OR PUS OF THE CITY OF SEW YORK, ESTABLISHING OF GRADES, CHANGES THEREIN, MAP OF SEWER SYSTEM AND SEWER DISTRICTS. The map of The City of New York. Sec. 438. The map or plan of the terri- tory lying within the borough of Manhat- tan, as heretofore laid out, adopted and established by the municipal authorities of the corporation known as the mayor, aldermen and commonalty 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, adopt- ed and established 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 laying vithin the borough of Brooklyn, for which a perma- nent map or plan has been adopted, as heretofore duly laid out, adopted and es- tablished by the proper municipal author- ities, and the map or plan of so much of the territory lying within the borough of Queens, for which a permanent map or plan has been adopted by the proper mu- nicipal authorities 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 w-.aps and profiles included in or accom- panying the same, showing the grades of such streets duly fixed, adopted and es- tablished, shall constitute the map or plan of The City of New York to the ex- tent and so far as. they cover the terri- tory lying within the said city, and as such is hereby laid out, adopted, estab- lished and confirmed is to be deemed final and conclusive with respect to the loca- tion, 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. Map to bo completed. See. 439. It shall be the duty of the president of each borough comprised within The City of New York, as con- stituted by this act, subject to the I limitations hereinafter provided, to : prepare a map of that part of the ter- ritory embraced within the borough of nhich ho is president, of which a map or plan has not heretofore been finally established and adopted, as set forth in section four hundred and thirty-eight of this act, locating and laying out all | parks, playgrounds, streets, bridges, ] tunnels and approaches to bridges and tunnels, and indicating the width and grades of all such streets so located j and laid out. It shall be the duty of j the president of each borough under j the direction of the mayor to continue! and complete the system of exact tri- [ angulation inaugurated in the borough of the Bronx, over that part of the bor- j ough of which he shall be president of which no map or plan has heretofore! been established and approved, pro- [ videcl (hat such system of triangula-l tion, after the most approved and ex- j act method, shall be finished before the i first day of January, nineteen hundred! and seven. The duty of conducting such system of triangulation shall be entrusted only to a civil engineer who shall have had at least five years’ ex- perience in the method and manner of precise surveying, and whose fitness and competency shall have been deter- mined in a civil service examination, or, with the consent of the mayor, to such civil engineer or other expert as may be designated by the superinten- dent of the United States coast and geodetic survey, or other proper officer of the United States. The mayor with the approval of the board of estimate and apportionment shall have power to enter into a contract or agreement with the proper representative of the United States so that The City of New York may be able to avail itself of the aid and assistance of the United States coast and geodetic survey in making an exact triangulation of the territory embraced within the boundaries of The City of New York. The mayor with the approval of the board of estimate and apportionment shall have power to employ such persons to assist in the work as they may deem necessary and to pay such sums as may be reasonable and necessary for their services and subsistence and for reasonable and necessary expenses, but not to exceed the sum of fifteen thousand dollars in any one year. The comptroller is au- thorized and directed to issue special revenue bonds not to exceed said amount in any one year upon the re- quest of the board of estimate and ap- portionment in order to provide the means to make the payments thus au- thorized. The said civil engineer or other expert shall prepare and furnish, for primary stations, the latitude and longitude determined in conformity with the method used by the United States coast and geodetic survey; for secondary stations, the rectangular spherical co-ordinates; and for all sta- tions, rectagular co-ordinates referred to a given fixed central meridian, or assumed meridian. Such co-ordir.ates shall be official and binding upon all officers making any map or plan re- lating to any borough or part thereof. Whenever and as often as the presi- dent of any borough shall have com- pleted the map of a part of the terri- tory aforesaid, he shall report the same together with the surveys, maps and profiles, showing the parks, play- grounds, streets, bridges, tunnels, and approaches to bridges and tunnels located and laid out by him. and the grades thereof, to the board of esti- mate and apportionment for its con- currence and approval, subject, never- theless, to such corrections or modifi- cations as in the judgment of the ma- jority of said board may be advisable; and the said board thereafter shall cause such map or plan, and such pro- files, as finally adopted by it, to be certified hv the secretary of said board, and filed as follows: One copy thereof in the office in which conveyances of real estate are required to he re- corded 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 presi- dent of the borough, who shall have prepared such map. 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 bo deemed to be final and conclusive with respect to the location, width and grades of the streets shown thereon, and the same shall not he subject to any further change or modification ex- cept as provided in section four hun- dred and forty-two of this act; pro- vided, however, that local boards at a joint meeting of all the boards com- prised within the borough for which said map was adopted, 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 he necessary to conform the same to new grades of the street opened. — As amended by Laws of 1913, chap. 329. President may be required to com- plete mat). Sec. 440. The board of estimate and apportionment, with the approval of the mayor, may at any time require the pres- ident of any borough to complete th<- 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-eight and four hundred and thirty-nine of this act, and to report the same to the board of estimate and apportionment within a fixed and specified time. Grades estnbl islied by user. Sec. 441. Whenever any street in The City of New York shall have been used as such for upward of twenty years without having the grade thereof established by law, the l.evel or surface of such street as so used shall be deemed to be and to have been the grade thereof. Authority of board of estimate to change map or plan of city or to change grades. Sec. 442. The board of estimate and apportionment is authorized and em- powered, whenever and as often as it may deem it for the public interest so to do, to change the map or plan of The City of New York so as to lay out new streets, parks, playgrounds, bridges, tunnels and approaches to bridges and tunnels and parks and playgrounds, and to widen, straighten, extend, alter and close ex- isting streets and to change the grade of existing streets shown upon such map or plan by publishing no- tice of its proposed action for ten days, in the City Record and the corporation newspapers, and giving an opportunity 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 publica- tion of such notice. After the due pub- lication of such notice, and after hear- ing protests and objections, if any there be, against the proposed change, if the said board shall favor such change, notwithstanding such protests and objections, 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, shal' be deemed to have been made. [As amended by Laws of 1913, chap. 329.] Maim of city to be kept in office of corporation coniine! anil office of uorongh presidents; maps showing changes where tiled. Sec. 443. 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 aol, shall be kept, one copy thereof in the office of the corporation counsel and one copy thereof, so far as the same shall apply to any one borough, In the office of Eagle Library— THE CHARTER OF THE CITY OF NEW YORK the borough president of such borough. 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 estimate and apportionment 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 conveyance 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 on- 1 copy thereof, so far as the same shall imply to any one borough, in the office of the president of such borough. Drainage anti sewer system to lie completed. Sec. 444. It shall be the duty of the said president of each borough, subject to the approval of the board of estimate and apportionment, to devise and prepare, sj ; l'ar as the same has not already been none, a plan for the proper sewerage and drainage of the borough of which he is president, for the purpose of thoroughly draining and carrying off water and other matter proper to be carried off by sewers. The president of the borough of Brook- l 5 - n and president of the borough of Queens shall confer as to such part of such plan for each borough as shall ad- join the other, and shall endeavor lo make said plans harmonize with each other so far as may be. The said presi- dent of each borough shall, so far as the same has not already been done, and sub- ject to the like approval, lay out the borough of which he is president, into as many sewerage districts as he may deem ] necessary for the aforesaid purpose, and j shall also determine and show, on suit- able maps or plans, the location, course, j size and grade of each sewer and drain proposed for each of said districts, and the proposed alterations and improve- ments 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 sur- face, and also below the established grades of the streets and avenues in each of said districts, and such other particu- lars as may be neeessarv for the pur- pose of exhibiting a complete 'plan of the proposed seweraere therein. Drainage plan to be filed. Sec. 445. Upon the completion of the map or plan for the drainage of any sewerage district and its approval by -he board of estimate and apportionment, 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 president of the borough to which said plan shall apply, and the board of estimate and apportionment, become ] necessary In consequence of alterations made tn the location 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 secretary of the board of estimate and apportionment 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 presi- dent of the borough to which said plan , applies.— As amended by Laws of 1911. i hapter 073. in accordance with the general plan, ap- proved as aforesaid, for (he sewerage of the narticular district in which such sew- er or drain is proposed to be constructed. Raising- of grade for drainage. Sec. 447. Whenever the president of any borough shall determine that it is neces- sary 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 president shall prepare a plan showing said proposed change of grade, and shall present the same to (he board of estimate and apportionment, which said board is hereby authorized and em- powered to change the grade of such street or streets, or parts of streets, so far as shall be necessary fo.r the proper drainage thereof in accordance with said plan. Power 0. Nothing in this act contained shall be construed to limit in any way the power of the commissioner at the head of any one of the deoartments 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. Transfer of appropriations. Sec. 461. No appropriation to any one of the departments named in this chapter, which is specifically appropriated to be used in one borough shall be transferred for expenditure in any other borough by the board of estimate and apportion- ment., except with the consent of the president of the borough from which the transfer is to be made; but if any public work within the cognizance and control of any oue of said commissioners must be executed in more than one borough he may, iu his discretion, direct that said work shall be done through the joint forces of his department in the boroughs affected, or lie may execute such work with the force of his central office. Definition of word “street.” Sec. 462. Whenever the word "street,” or the plural thereof, occurs in this chap- ter, 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 pluralu thereof, respec- tively. TITLE 2. DEPARTMENT OF WATER SUPPLY, GAS AND ELECTRICITY. Commissioner of water supply, gas and electricity; appointment; sal- a ry. Sec. 468. The head of the department of water supply, gas and electricity shall be called the commissioner of water supply, gas and electricity. 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 dol- lars a year. The main office of the de- partment shall be located in the borough of Manhattan. A branch office shall be located in the borough of Brooklyn, and branch offices may be located in the bor- ough of the Bronx, the borough of Queens and the borough of Richmond, respec- tively. — As amended by Laws of 1902, Chapter 589. )<1.; jurisdiction. Sec. 469. The commissioner of water supply, gas and electricity shall have jurisdiction, charge and control : 1. Of all structures and property connected with the supply and distribution of water for ublic use. except the same shall be owned y private corporations, including ai! fire and drinking hyrants and all water meters, a Oi furnishing the w ater supply and main- taining its quality, and of the investigation for, and the construction of all work neces- sary to deliver the proper and required quan- tity of water with ample reserve for contin- gencies and future demands. 3. Of the collection of the revenues from the service, sale or use of water from the public water supply. 4. Of making and enforcing rules and regu- lations governing and restricting the use and supply of water; of making rules and regu- lations. subject to tlie approval of the board of aldermen, concerning dnd fixing uniform annual charges and extra and miscellaneous charges for the supply of water, meter rates and minimum charges for the supply of water by meter, annual service charges and charges for meters and their connections, and for their setting, repair, and maintenance, and fines for violations of rules and regulations: of en- forcing such rules and regulations and of col- lecting such charges and fines; of the acqui- sition from private owners, with the approval of the board of aldermen and upon such terms and subject to such rules and regulations as may be approved by said board, of any meters installed upon premises connected with the public water supply; of making and enforcing rules and regulations, and of fixing and col- lecting charges and fines where no rules regulations, charges and fines approved by the board of aldermen are applicable; but no fine for the violation of rules and regulations shall be imposed against any property unless notice thereof be mailed by the department to the property unless addressed to the owner, or where his name is unknown to "owner or oc- cupant" and a hearing be afforded; and of recommending to the board of aiderment* proposed ordinances relating to any of the matters within the province of his department. 0. Of the making and performance of con- tracts when duly authorized in accord with the provisions of this act, and for the exe- cution of the same in the matter of furnish- ing the city, or any part thereof, with gas, electricity or any other illuminant or of steam; of the selecting, locating and remov- ing and changing of lights for the use of the city; of tile inspecting and testing of gas and electricity used for light, heating and power purposes, electric meters, electric wires and of all lights furnished to said city; and of the use and transmission of gas. electricity, pneu- matic 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 per- mission to open streets, when approved by the borough president, and to open the same for the purpose of carrying on therein the business of transmitting, conducting, using and selling electricity, steam or for the service of pneumatic tubes. This section shall not be construed to empower the said commissioner to grant permission to open or use the streets ex- cept by persons or corporations otherwise duly authorized to carry on business of the charac- ter above specified.— As amended by Laws of 1916, Chap. 602. Id.; povrer when more than one bor- ough involved. Sec. 470. If any of the public work within the cognizance and control of the said commissioner of water supply, gas and electricity must be executed entirely out- side of the city limits, he may direct that such work be done by any of his force as may seem to him most advantageous. Id.; restriction on power to contract. Sec. 471. It shall not be lawful for the* commissioner of water supply, gas and electricity to enter into any contract whatever with any person or corporation 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 estimate and apportion- ment, together with the separate written consent and approval of both the mayor and comptroller of The City of New York of the proposed contract in all its details, shall be given by resolution to the execu- tion of such contract as submitted, and it shall not he lawful for the said city of New York or for any department thereof, to make any contract touching or con- cerning the public water supply, and espe- cially the increase thereof, with any per- son or corporation whatsoever, save in accordance with the provisions and re- quirements of this act, which said pro- visions and requirements are hereby de- clared to establish the exclusive rule for the making of such contracts. All pro- ceedings relating to the making or ap- proval of any such contract may be re- viewed by the appellate division of the •So in original. supreme court in the first or second de- partment on the application of any resi- dent taxpayer. Id.; employes of water works com- panies. Sec. 471-a. Each and every superin- tendent, cashier, bookkeeper, stenog- rapher, clerk, inspector, tapper, calker, pipe fitter, engineer, assistant engineer, street foreman, fireman, driver and stableman, who on the first day of Jan- uary, nineteen hundred and eight, was employed as such by any water works company, the operation of which shall, hereafter, be assumed by The City of New York, and who shall continue to be so employed at the time when the operation of said water works shall be assumed by The City of New York, and who shall successfully pass a noncompetitive civil service 'examination, under the civil ser- vice law, in accordance with rules and regulations prepared by the municipal civil service commission, shall, after The City of New York shall have assumed the operation of said water works, have their names placed upon appropriate lists for employment thereon for the same or sim- ilar service in the department of water supply, gas and electricity of such city as they performed on the first day of January, nineteen hundred and eight. For appointments under the provisions of this act, the municipal civil service commission shall make certifications from such lists before certifications are made from any other lists, and the com- missioner of water supply, gas and elec- tricity shall in his discretion have au- thority to make appointments from the lists provided for herein under the same rules and regulations of the municipal civil service commission of The City of New York as govern appointments from the regular municipal civil service eli- gible lists. — Added by Laws 1908, Chapter 142. Id.; power to determine source of water supply; condemnation pro- ceedings, ete. Sec. 472. The commissioner of water sup- ply, gas and electricity, with the approval of the board of estimate and apportion- ment, shall have power within and throughout the state of New York, to se- lect and to determine all sources of water supply that may be needed for the supply of the publie waterworks of said city, and for the supply and distribution of water in said city. Any sources of water so se- lected 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 estimate and apportionment, together with the au- thority of the board of aldermen ex- pressed by its resolution or ordinance, it shall be lawful for The City of New York to acquire by condemnation any real es- tate or any interest therein that may be necessary in order to acquire the sole and exclusive property in such source or sources of water supply, and to wholly ex- tinguish the water rights of any other person or corporation therein, with the right to lay, relay, repair and maintain aqueducts, conduits and water pipes with the connections and fixtures on the lands of others, and, if necessary, to acquire by condemnation lands for such purpose in any county or counties through which it may he necessary to pass in conducting such waters to The City of New York; the right to intercept and to direct the flow of water from lands of riparian owners, and from persons owning or interested in any water, and the right to prevent the flow or drainage of noxious or impure matters from the lands of others into its reser- voirs or sources of supply, provided that it shall have power to acquire or to ex- tinguish the property rights of any person or corporation in or to any water rights that at the time of the initiation of pro- ceedings for condemnation are in actual use for the supply of the water works of the people of anvother city, town or village of the .state, or for the supply and Ihcc«I Sec. 473. The commissioner of water supply, gas and electricity is authorized, in his dis- cretion, to install or cause to be installed water meters, the pattern and maximum price of which shall bo approved by the board of • Mermen in any or all stores, workshops, ho- tels, manufactories, office buildings, public edifice*, at wharves, ferry house, stables, and in all places in which water is furnished for business consumption, and, if authorized there- to by resolution or ordinance of the board of aldermen, in any or all apartment houses, tenements, flat houses, and private dwellings, and upon written demand of the owner of any lot or premises to which such water is supplied, he shall install or cause to be in- stalled a meter or meters. Thereafter, as shall be determined by the commissioner, the said department shall make out all bills and j charges for water furnished by the department to such premises in ratable proportion to the water furnished, as ascertained by meter sub- ject to such minimum and service charges as may be established, except that W'hen a meter shall fail to register correctly, or shall cease to record the flow of water, or where a meter shall have been removed from premises for re- pairs, or for any of other reason, then the com- missioner may disregard such incorrect reg- istry or such non-registry and may charge for water supplied duing the period when such meter shall have been out of the premises for repairs or to rany other reason, at the average dally registration of wate indicated for repairs for an appropriate period prior or subsequent to such period. All expense and cost of meters and their connections, and of their setting, repair and maintenance, unless with the approval of the board of aldermen such expenses and cost be borne by the depart- ment. shall be a charge and lien upon the premises. 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 inter- fere. with the proper liens therefor, nor of charges, or rates, or liens hereafter to be incurred for water consumption in any budd- ing or place which may not contain one of tho [ meters aforesaid. The moneys collected for service charges and for expense and cost of meters and their connections, and for setting, repairing, maintaining and replacing the same, may be applied by the said commissioner to the payment of expenses incurred in procuring meters and their connections and in setting, repairing, maintaining and replacing meters.— As amended by Law's of 1916, Chap. 602. Wafer reals; when payable; penalty for non-payment. Sec. 476. Uniform annual charges and extra and miscellaneous charges for water not metered and annual service charges and min- imum charges shall be due and payable in ad- vance on the first day of January in each year, if entered; and if not paid to or received by the department before the close of the last business day of the following March, shall be subject to a penalty of five per centum, and if not paid to or received by the department before the close of the last business day of the following June to a further penalty of ten per centum. If not so entered and payable, . but entered in any quarter of a year, they shall be due and payable when entered and shall, after the mailing before or upon the close of such quarter of notice thereof to the premises against which they are imposed ad- dressed to "owner or occupant" be subject, if not paid to or received by the department before the close of the last business day of the next quarter, to a penalty of five per centum and, if not paid to or received by the depart- ment before the close of the last business day of the next succeeding quarter to a further penalty of ten per centum. -All charges for meters and their connections and for the set- ting. repair and maintenance, unless such charges shall be borne by the department, and all charges in accordance with meter rates for supply of water measured by meter shall be due and payable when entered, and such charges when entered in any quarter of a year shall, after the mailing before or upon the close of such quarter of notice stating the amount due and the nature cf the charge to the last known address of the person whose name appears on the record of such charges as being the owner, occupant or agent or. where no name appears, to the premises addressed to "owner or occupant” be subject, if not paid to or received by the department before the close of the last business day of the next quarter, to a penalty of five per centum, and if not paid to or received by the department before the close of the last business day of the next succeeding quarter to a further penalty of ten per centum.— As amended by Law's of 1916, Chap. 602. No valve, etc., to be nsetl with roy- alty. Sec. 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 with- out royalty. Notice of rales mid regulations; i»ou= alty for non-payment; water sup- ply cut off. Sec. 47S. The rates and charges for supply of water, the annual service charges and min- imum charges, the rules and refeu.atiuiis con- cerning the use of water and all oilier rules and regulations affecting users of water or concerning charges for aupply of water or strlctions of tho use of water, installation of meters, penalties, and fines for violations of rules and regulations shall be printed on each bill and permit so far as in the judgment of the commissioner of water supply, gas and eelectricity they are applicable. Tills act and such printing and the printing of this section on such bills and permits shall be sufficient notice to owners, tenants or occupants of premises to authorize the imposition and re- covery of any charges, and fines imposed under such rules and regulations and of any penalties imposed in pursuance of this act in addition to cutting off the supply of water. Where charges payable in advance are not paid within period covered by such charges and a notice of such non-payment is mailed by the department to the premises addressed to "owner or occupant," the commissioner may shut off the supply of water to such premises. Where charges not payable in ad- vance have been made by the department and remain unpaid for more than thirty days after notice thereof mailed to the premises addressed to "owner or occupant," tho com- missioner may shut off the supply of water to the premises. — As amended by Laws of 1916, Chap. 602. Commissioner; duty in regard to sources of water supply and prop- erty of department. Sec. 479. The commissioner of water supply, gas and electricity is charged with the preservation of all lakes and all waters from which a supply is drawn by the city, with the preservation of tho banks of gnd of any river or other body of water frets which the supply is drawn, from injury or nuisance, and with tho execution o? such measures as may bo necessary to preserve and increase the quantity of water and keep it pure and wholesome and free from contamination 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 con- struction of such new works and the pur- chase and laying down of such mains and i pipes as may be authorized in accordance | with law'. The department of water sup- I ply, gas and electricity shajl he respon- sible 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 pipe- yards 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. Assessment on lands used as reser- voirs. Sec. 480. The lands heretofore taken or to be taken for storage, reservoirs, or for other constructions necessary for the in- troduction and maintenance of a sufficient | supply of w'ater in the city, or for tho j purpose of preventing contamination or J pollution, shall be assessed and taxed in the counties in which they are or may h? located, in the manner prescribed by law, exclusive of the aqueducts. But nothing in this section contained shall prevent the assessors in the county of Nassau from as- sessing the pumping stations and buildings located in such county. Certain acts misdemeanors. See. 4S1. It shall not he law'ful for any person to throw or deposit, or cause to be thrown or deposited in any lake, pond or stream, or in any aqueduct from or through w'hieh any part of the water sup- 1 ply of The City of New York shall i» 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 bo deemed guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine or imprisonment, or both, in the discretion of the court. Such fine net 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. CG Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 1<1.. continued. Sec. 48a. 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 else- where by the said city, or any person act- ing under their authority, for the purpose of procuring or keeping a supply of water, shall in any manner 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. Duty of commissioner. Sec. 483. The commissioner of water supply, gas and electricity is hereby au- thorized, empowered and directed to carry out the provisions of this act, in the man- ner hereinafter provided, for the pur- pose of maintaining, preserving and in- creasing the supply of pure and whole- some water for the use of the city, and for the purpose of preventing or remov- ing contamination or pollution of any supply or s-urce or sources of supply of mater hereinbefore 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 witn water. To take proceedings to acquire title. Sec. 484. In all cases where the com- missioner of water supply, gas and elec- tricity shall hereafter enter upon, and place for the first meeting of the commiss'oners. CommismionerN ti» take nn'hoy shall nlso determ'ne wh>t sum shal< be paid to the general or special guardian or committee of an in- fant, idiot or person of unsound mind, and to the attorney appointed by the court to attend to the interests of any un- known owner or party in interest, or to the attorney or guardian of any party In interest whc°e interests are unknown or the interest of any person or persons not in being They shall reduce the tes- timony, 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 op- portunity to be present, shall, without unnecessary delay, ascertain and deter- mine the just compensation which ought justly to be made by The City of New York to the owners, or the persons in- terested 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 j provided, with the minutes of the testi- ] mony taken by them, if any. and they j shall be entitled to the payment herein- ; after provided for their services and ex- penses, to be paid from the fund herein 1 provided Commissioners to prepare report. Sec. 496. The said commissioners shall prepare a report and a true copy or copies thereof, as may be required, to 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 refer- ence to the map as showing the location and boundaries of each parcel; a state- ment of the sum estimated and deter- mined upon by them as a just compen- sation to be made by the city to the own- ers 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 par- ties interested, or their respective estates or interests are unknown, or not fully known, to the commissioners of appraisal, it shall be sufficient for them to set forth and state, in general terms, the respective sums to be allowed and paid to the own- ers of and parties interested therein gen- erally, 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, includ- ing reasonable compensation for wit- nerses. Ileport to l»e tiled. Sec. 497. Said report signed by the com- missioners, or a majority of them, shall filed in the office of the clerk of the county in which the real estate is situated. The commissioners of appraisal shall no- tify the corporation counsel as soon as the said report is filed. Notice of motion to eonfli-m report. Sec. 498. The corporation counsel, or in case of his neglect to do so within ten days after receiving Dotice of such filing, then any person Interested in the pro- ceedings, snail give notice that the said report will be presented for confir- mation 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 newspapers referred to in section four hundred and ninety-one of this act, once in each week, for t least four weeks immediately prior to the presentation of said report for confirmation. Continuation of .report. Sec. 499. The application for the con- firmation of the report shall be made to the supreme court, at a special term thereof, held in the judicial district in which the real ests‘e *- situated. Upon the hearing of the r.i plication for the con^ firmation thereof, .he said court shai. confirm such report, and make an order, containing' a recital of the substance of the proceedings in the matter of the ap- praisal, with a general description of the real estate appraised, and for which com- pensation is to be made; and shall also direct to whom the money is to be paid, or In what trust company it shall be de- posited by the comptroller of The City of New York. Such report when so confirmed shall (except in the case of an appeal, as provided ia 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. Payment of awards. Sec. 500. The said City of New York shall, within four calendar months after the making and entry of the order con- firming the report of the commissioner* of appraisal, pay to the respective owners r 68 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK *nd 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 commis- sioners, the respected sum or sums so es- timated and reported in their favor re- spectively, with lawful interest thereon, from the date of filing the oath of said commissioners and certified copies there- of, 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 rep- resentatives or successors, at any time or times, after application first made by him, her or them to the comptroller of The City of New York for payment there- of, 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 Ca any court having cognizance thereof, and in which it shall be sufficient to de- clare 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 confirm- ing report of said commissioners, with proof of the right and title of the plain- tiff or plaintiffs to the sum or sums de- manded shall be conclusive evidence In •such «uit or action, and entitle plaintiff to judgment therein. Sum awarded to l*e deposited In. cer- tain cases. Sec. 501. Whenever the owner or own- ers, person or persons interested In any real estate taken or affected in such pro- ceedings, or in whose favor any such sum or sums or compensation shall be so re- ported, shall be under the age of tw-enty- one years, of unsound mind, or absent from the state of New- York, and also in cases where the name or names of the owner or owners, person or persons in- terested in any such real estate shall not be set forth or mentioned in the said re- port, 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 compen- sation, 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 persons, respective- ly, with interest aforesaid, into such trust company as the court may, in the order of confirmation, direct to the credit of \ such owner or ow-ners, person or persons, end such payment shall be as valid and effectual, in all respects, as if made to j the said owner or owners, person or per- sons 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 any per- son or persons, or party or parties, what- soever, whether named or not named in the said report, shall be paid to any per- son or persons, or party or parties, whom- soever, when the same shall of right be- long and ought to have been paid to some other Derson or persons, or party or par- ties, it shall he lawful for the person or persons, or party or parties to whom the same ought to have been paid, to sue tor 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. "Who may present elaim before com- missioner. Sec. 502. Every owner or person in any way interested in any real estate taken, affected or entered upon and used and oc- cupied 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, J i I 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, withiu one year after the appointment of the commissioners of appraisal, exhibit to the said commissioner a statement of claim, and shall thereupon be entitled to offer testimony and to be heard before them touching such claim, and the compensa- tion proper to be made, and to have a determination made by such commission- ers 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 Teal estate or his, her or its claim for damages thereto, except so far as they may be enti- tled, as such owner or person interested, to the whole or a part of the sum of money aw-arded by the commissioners of appraisal as a just compensation for tak- ing, using and occupying, or as damages | for affecting the real estate owned by said person, corporation, or body politic. City protected by- payment. Sec. 503. Payment of the compensation awarded by said commissioners of ap- praisal to the person or persons, corpora- tion, or body politic named in their report (if not infants or persons of unsound j mind) shall, in the absence of notice to J The City of New York of other claimants to such award, protect the said city of New York. Separate reports may be made. Sec. 504. Said commissioners of apprais- al may, in their discretion, take up any specified claim or claims, and finally as- certain and determine the compensation to be made thereon, and make a separate report w-ith reference thereto, annexing to said report a copy of so much of the maps as displays the parcel or parcels so re- ported on. Such report shall, as to the claims thereiD specified, be the report required iu this act, and the subsequent action w-ith reference thereto shall be had in the same manner as though no other claim was embraced in said pro- ceeding, which, however, shall continue as to all claims upon which no such de- termination and report is made. Proceedings iu case of no appeal. Sec. 505. Within tw-enty days after the malcingentryand service of the order con- firming 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 beiore the com- missioners, be given in the manner pro- vided in this act, either party may appeal by notice, in writing, to the appelate di- vision of the supreme court of the judi- cial 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 prac- tice of the said court, and pending such appeal the Comptroller of The City of j New York shall deposit in such trust com- pany as the court shall direct, the amount of the award, with interest to the date of j such deposit and the funds so deposited ! shall remain with the trust company, sub- ject to the further order of the court. On the hearing of such appeal the court may direct a new- appraisal and deter- mination by the same or new commis- sioners, 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 parties and persons interested. If the amount of com- pensation to be 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 en- { titled to the :ame, or shall be deposited, \ as the court may direct; and if the amount i j is diminished, the difference shall be re* funded 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 l.r.d before such commission- ers. IIotv defects may be remedied. See. 506. The supreme court of the ju- dicial 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 he 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 deem* proper, and also to appoint other commis- sioners in place of any who shall die or refuse or neglect to serve, or be incapa- ble 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 iu 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 au- thorized 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. Agreement* with owners of real es- tate. Sec. 507. The said commissioner of water supply, gas and electricity, subject to the approval of the board of estimate and apportionment, may agree with the owners or persons interested in any real estate laid down on said maps as to the amount of compensation to he paid to such ow-ners or persons interested for the taking 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 couDty, town or school district within this state, such rights, titles, interests or properties may be paid for upon agreement respec- tively w-ith 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 supervisor and commission- ers of highways in any tow-n, who shall act for such town, and with the trustees of any school district, who shall act for such district, and w-ith the president and a ma- jority of the board of trustees of any in- corporated village. The commissioners of the land office shall have power to grant to the said city any real estate belonging to the people of ibis state which may he required for the purposes indicated in this act, on such terms as may be agreed on between them and the said commission- ers: and if any real estate of any county, tow-n or school district is required by said city for the purposes of this act, the majority of the board of supervisors, act- ing 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 incorpo- rated village, may grant or surrender such real estate for such compensation as may be agreed upon between such officers re- spectively and the said commissioners. Compensation ami expenses oC com- missioners. Sec. 508. The commissioners of apprais- al, appointed in pursuance of this act shall receive as compensation for their services the surr. of ten dollars per day for each day upon which the said com- missioners shall be actually and nece3- 63 1 " Eagle Library — THE CHARTER OF THE CITY OF NEW YORK aarily employed in the performance of the duties imposed upon them by this act. They may employ the necessary clerks and stenographers. The corporation counsel shall, either in person or by such counsel as he shall designate for the purpose, appear for and protect the in- terests of the city in all such proceedings in court and bef:re the commissioners. The fees of the commissioners, and the salaries and compensation of their em- ployes, and their necessary traveling ex- penses and all other necessary expenses in and about the special proceedings pro- vided by this act. to be had for the ac- quiring title or extinguishing claims for damages to real estate, and such allow- ance for coun cl fees, expenses and wit- ness fees as m..y be recommended by the commissioners and ordered paid by order of the court, shall be paid by the comp- I troller of The City of New York, out of the funds hereinafter provided, when they have been taxed before a justice cf the supreme court in the judicial district in which the real estate is situated, upon five days’ notice to the corporation coun- sel. Issue of bonds. Sec. 509. The comptroller of The City of New York is hereby authorized and di- rected to raise, from time to time, on bonds of said city, in addition to the amounts which he is now authorized to taise for such purposes, such sums of money as shall be sufficient to pay for any real estate, or for t lie extinguish- ment of any right, title, or interest there- in acquired, and all damages appraised to persons interested therein, together w'ith all expetses necessarily incurred in ac- quiring title to such real estate, or in extinguishing claims for damages thereto, and for all other expenditures herein au- thorized. Description of bonds. Sec. 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 iu the mauner hereinbefore provided for the issue of corporate stock, subject, however, to the limitations of the state constitution. And the board of aldermen of said city is here- by authorized and directed to raise, from time to time, by tax upon the estates, real and personal, subject to taxation 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. Sec. 511. Any lake or reservoir con- structed or maintained under the pro- visions of this act shall be subject to such sanitary regulations as the state board of health shall prescribe. lliglin-ays and bridge*. Sec. 512. The City of New York Is hereby required to build and construct such highways and bridges as may be made necessary by the construction of any reservoir and to repair and forever maintain such additional bridges as may be made necessary by the construction of such reservoir or reservoirs. Account of expenditure to be filed In comptroller’s office Sec. 513. The said commissioner of water supply, gas and electricity shall, in every calendar month file in the office of the comptroller of The City of New York an account of ail expenditures made by him, or under his authority, and of all liabilities incurred by hint during the preceding month, and an abstract of each such account shall be published in the City Record. l imit xvitliin which lake Maliopac may not be drawn down. Sec. 514. Nothing herein contained shall authorize or empower or permit any water in excess of the ordinary flow thereof to be drawn from Lake -Mahopac, in the town of j of Carmel, Putnam county, between the first days of March and September in any year. Present proceedings to be con* tinned. Sec. 515. All proceedings pending at the time this act takes effect for the ac- quisition of title to or the extinguishment of rights in real estate for any of the purposes in this title specified shall be continued 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 pro- ceedings this act shall not he deemed applicable. Id.; corporation antlioelzed to use ground under streets, etc. Sec. 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 o' intro- troducing 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 re- paired. Devolution of powers of former i boards. Sec. 517. For the purposes of this act all of the rights, powers, privileges, du- ties and obligations, heretofore created by law or otherwise, of the city of Brook- lyn, or of any of its departments or officers respecting the water-works of said city are, so far as they are consistent with the provisions of this act, hereby vested iu The City of New York, as constituted by this act. and as matter of administra- tion devolved upon the commissioner of water supply, gas and electricity of The City of New York to be by him exercised in accordance with the provisions, direc- tions 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 Us 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 consoli- dated into one city, in respect to any of the public water-works or the public water system, or the public water supply there of; the sale and distribut'on of the same, are hereby vested iu Tbe City of New York, and for the purpose of administra- tion are hereby devolved upon the said commissioner to be by him executed pur- suant to the provisions, directions and limitations of this act- l.egnl effect of act upon new aque- duct. Sec. 51S. Nothing in this act contained shall be deemed or construed to repeal, or in anywise affect chapter four hun- dred and ninety of the laws of eighteen hundred and eighty-three, or t lie several acts amendatory thereof, but the said act and its amendments shall remain in full force and effect, except, as herein pro- vided. The term of office of the commis- sioners appointed and existing under the aforesaid act shall cease and determine on the first day of June, nineteen hun- dred and ten, and from and after said date the office of aqueduct commissioner, and ihe aqueduct commission shall be and hereby is abolished, and thereupon i all papers, documents and records in pos- session of the aqueduct commissioners shall be delivered to the commissioner ot the department, of water supply, gas and electricity, who shall have all the powers heretofore vested by law in the said aqueduct commissioners. All per- sons in the employ of the aqueduct ion- mission when this act lakes effect s'naii, upon the passage of this act, be irans- I ferred to and subject to the jurisdiction j of the department of water supply, gas- I and electricity of The City of New York and all persons so transferred shall be I subject to the provisions of the civ ; .l ! service law and the rules and regulations the civil service commission of The City of New York in so far as said civil service law and said rules and regula* tions of said civil service commissioa apply to the said persons prior to the time of such transfer, as aforesaid. — As amended by Chapter 220, Laws 19X0. Commissioner to inspect electrie lights; to caase tests to be maile, etc. Sec. 519. The said commissioner of water supply, gas and electricity shall cause inspection to be made of electrie lights furnished to the city, and of elec- tric meters and electric wiring, as such, tests may be provided for by the proper appropriation; the said commis- sioner shall cause tests to be made of all meters in use in said city for measuring or ascertaining the quantity cf 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 electric or steam meter which shall not have been inspected, approved and sealed by the in- spectors. and every such corporation or person shall provide and keep in or upon their premises a suitable and proper ap- paratus 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 tha written request of the consumer, or of the company, in the presence of the con- sumer, if desired. If any such meter on being tested shall be found defective or in- accurate to the prejudice or injury of the consumer, the necessary removal, inspec- tion, correction and replacing of such meter shall be without expense to tha consumer; but in all other cases, except where the change is beneficial to the com- pany, he shall pay the reasonable expense of such inspection and the reinspection shall be stamped on the meter- Provi- ded, however, that nothing herein con- tained shall be construed as requiring to be sealed, electrolytic 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 electrolytio or other meter shall at all times admit the inspectors of meters at the meter de- partment and reading rooms, and permit the inspection by him of all meters and of all the processes, methods and opera- tions of measuring electric current con- sumed by it. I.nvrs repealed. Sec. 520. The provisions of sections sixty-two, s!xty-th. ro e and sixty-four of chapter forty of the general laws, known as ihe transportation corporations law, are hereby repealed in so far as they affect tbe inspection of electric meters within The City of New York. interest in manufacture of gas, etc. s ami certain acts b,v officers, etc., o f depa rlmen t proli iliited. Sec. 521. No officer, agent or employee i of the department of water supply, gas and | electricity, shall in any way, directly or indirectly, be interested, pecuniarily, in the manufacture or sale of gas, or of electricity or steam, or of gas or electric j or steam meters, or of any article or com- modity used by gas or electric companies, or used for any purpose for the consump- | tion of gas or of electricity, or steam, or in or with a gas or electric or steam company, and no such officer, agent, or employee shall give certificates or writ- ! ten opinions to a maker or vendor of j any such article or commodity. Inspect ion of ill n m i na ting gns| tests. Sec. 522. Inspection of Illuminating r 70 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK Gas; tests — The said commissioner of water supply, gas and electricity shall appoint inspectors who shall inspect and test the illuminating gas manufactured within The City of New York or furnished or sold to said city or to any consumer therein. The compensation of said in- spectors shall fee fixed by the board of es- timate and apportionment and paid by the city. The gas manufactured, furnished or sold as aforesaid shall be tested with ref- erence to illuminating power, pressure and purity, in a suitable manner and by proper apparatus at least once each day, and shall also be tested whenever the said .commissioner shall direct. The inspec- tors shall report under oath the results of their tests to the said commissioner daily and the said commissioner shall file the said reports in his office and the same shall be public records. — As amend- ed by Laws 1905, Chapter 735. Commissioner vo submit i>roj*osed ordinances relative to wires, etc. Sec. 523. The said commissioner of water supply, gas and electricity shall from time to time submit for the consid- eration of the board of aldermen suen proposed ordinances in regard to electric wires, appliances and currents for fur- nishing light, heat or power when intro- duced into or placed in any building in said city. Such proposed ordinances shall prescribe the method of construction, operation, location, arrangement, insula- tion and use of such wires, appliances and currents as said commissioner shall from time to time deem necessary for the pro- tection of life and property. inspector of electric wiring-; quali- llcntions; nil wire* to be in- npected; rules, notices, etc.; pen- alty for violation. Sec. 524. Any inspector of electric wiring appointed in the department shall have a technical and practical knowledge of the construction and operation of elec- trical lines and appliances. After this act takes effect, the commissioner shall cause to be inspected all such wires, cur- rents and appliances that may be intro- duced into or placed in any building in said city, and the said commissioner shall furnish a certificate of such inspection to any person or corporation applying therefor. All notices of the violation of any of the provisions of this section, or of any ordinances relating to said de- partment, or any regulations, rules or orders made thereunder relating to elec- trical wires, currents or appliances, shall -be issued and served in the manner pro- vided in this act for the service of notices. The violation of any of the pro- visions of this section or of any of the 6aid ordinances or any rules or regula- tions thereunder shall be deemed to be a violation of the building code of said city, and shall subject the person or cor- poration committing the same to the penalties prescribed herein for such vio- lations. ilemovnl of electric wires. ground, shall be placed underground un- der and in accordance with the provi- sions of chapter seven hundred and six- teen of the laws of eighteen hundred and eighty-seven, chapter two hundred and "thirty-one of the laws of eighteen hundred ninety-oue. 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 water supply. gas and electricity for permission to place underground electrical conductors in such 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 con- j structed or provided, and such electrical conductors placed underground under and j in accordance with the provisions of said ! laws. But such permission shall he granted only in accordance with the pro- visions of said laws. Underground electrical conductors. Sec. 526. Whenever the said board of estimate and apportionment shall deem it desirable and practicable, after hearing all the parties interested, that the electri- cal conductors in any street, avenue, high way or public place of The City of New York, lying within the boroughs of Brook- lyn, Queens and Richmond, be placed un- derground, the said commissioner of water supply, gas and electricity shall notify the owners or operators of the electrical co- ductors above ground in any such street, avenue, highway or public place, that said electrical conductors shall be placed un- derground within a certain time to be fixed by the said commissioner, which said time shall be sufficient for the proper construction of underground con- duits or other channels in said street, avenue, highway or public place. When- everany duly authorized company operat- ing or intending to operate electrical con- ductors in any street, avenue, highway or public place in that part of The City of New York which ilea within the boroughs of Brooklyn. Queens and Richmond, shall desire to place its conductors or any of them underground, it shall be obligatory upon such company to file with the said commissioner 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, dimen- sions and course of the underground con- duit 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 con- struction so proposed by such company, and said commissioner shall have power to require thrt the work of removal and of constructing every such system of un- derground conductors shall be done according to such plan so approved. III.; procedure when boaril of esti- mate anil apportionment ileter- Sec. 525. Whenever in the opinion of the board of estimate and apportionment it shall be practical 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, .-.venue or highway shall have been finally determined and established, and to place the same underground the commissioner of water supply, gas and electricity shall rotify the owners or operators of the electrical conductors above ground that such electrical conductors must be re- moved 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 Jay and operate electrical conductors un- derground in such street, avenue, high- way or public place, sufficient also for the proper laying of conductors underground in place of those removed. All electrical •onductors authorized to be placed under- mines upon. Sec. 527. Whenever the commissioner j of water supply, gas and electricity in \ accordance with the resolution of the j board of estimate and apportionment j shall notify the owners or operators of j anv electrical conductors in The City of i New York, that said conductors shall be removed or placed underground within a certain time, the time within which said electrical conductors shall *oe placed un- , derground shall be fixed by the said com- j missioned giving all persons or corpora- ' tions owning or operating such electrical conductors, an opportunity to be heard on the question of the time necessary to j place said conductors underground, and after hearing ihe engineer of lighting and electricity, and such other expert opinion as the said commissioner may think advis- able. Said owners or operators of electri- cal conductors above ground in such street or locality shall be required :o remove all of said poles, wires or other electrical conductors and supporting fixtures or other devices from any such street or lo- cality within thirty days after the expira- tion of the time so fixed by said commis- sioner. 111.; permit necessary to take up pavement, eto.; commissioner of water supply, etc., to determine method of extension; board of aldermen may enact ordinances regulating use, etc. Sec. 528. 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, avenues, highways or other public places o' said city, or to excavate for the purpose of laying un- derground any electrical conductors, of constructing subways, or of erecting poles, unless permission in writing there- for shall have been first obtained from the said commissioner of water supply, gas and electricity with the written ap- proval of the president of the borough within which it is desired to lay such conduits, erect such poles, or to con- struct such subways. No electrical con- ductors shall be strung, laid or main- tained above or below the surface of any street, avenue, highway or other public place, in any part of said city without permission in writing from said commis- sioner therefor. And the said commis- sioner shall determine whether any exten- sion of the existing electrical conductors of any person or corporation in said city shall be by means of overhead or under- ground conductors. The board of aider- men may establish, and may from time to time enact general ordinances regulating the construction, maintenance, use and management of the electrical conductors, poles and fixtures above ground, and the conduits and subways therefor constructed underground. The fonr preceding sections to be police regulations. Sec. 529. 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 bwners of said poles, wires or other electrical conductors, fixtures and devices shall not cause them to be removed from such streets or localities as required by said commissioner of water supply, gas and electricity or by the determination of the board of estimate and apportionment, or shall neglect or refuse to comply with any of the ordinances as herein provided, it shall be the duty of the said commis- sioner to cause the same to be removed from said streets, roads, avenues, lanes, parks and public places. No Person to Operate Moving Picture Apparatus and Its Connections with- out a I.iccnse. (See Code of Ordinances Library.) Sec. 529-a. It shall not be lawful for any person or persons to operate any moving picture apparatus and its con- nections in The City of New York unless such person or persons so operating such apparatus is duly licensed as hereinafter provided. Any person desiring to act as such operator shall make application for a license to so act to the commission- er of water supply, gas and electricity of The City of New York, who shall fur- nish to each applicant biank forms of application which the applicant shall fill out. The commissioner of water supply, gas and electricity shall make rules and reg- ulations governing the examination of applicants and the issuance of licenses and certificates. The applicant shall be given a practi- cal examination under the direction of the commissioner of water supply, gas and electricity, and if found competent as to his ability to operate moving pic- ture apparatus and its connections shall receive within six days after such ex- amination a license as herein provided. Such license may be revoked or suspend- ed at any time by the commissioner of Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 71 water supply, gas and electricity. Every license shall continue in force for one year from the date of issue unless sooner revoked or suspended. Every license, unless revoked or suspended, as herein provided, may at the end of one year from the date of issue thereof, be re- newed by the commissioner of water supply, gas and electricity in his discre- tion upon application and with or with- out further examination as said commis- sioner may direct. Every application for renewal of license must be made within the thirty days previous to the expiration of such license. With every license granted there shall be issued to every person obtaining such license a certificate, made by the commissioner of water supply, gas and electricity or such other officer as such commissioner may designate, certifying that the person named therein is duly authorized to operate moving picture apparatus and its connections. Such certificate shall be displayed in a conspicuous place in the room where the person to whom it is issued operates moving picture appara- tus and its connections. No person shall be eligible to procure a license unless he shall be a citizen of' the United States and of full age. Any person offending against the provisions of this section, as well as any person who employs or per- mits a person not licensed as herein provided to operate moving picture ap- paratus and its connections, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be pun- ished by a fine not exceeding the sum of one hundred dollars or imprisonment for a period not exceeding three months, cr both, in the discretion of the court. — As Amended by Chapter 654, Laws 1910. Separate contracts for lighting each borough; duty of commis- sioner. Sec. 530. The commissioner of water supply, gas and electricity, 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 subdivis- ions of the city as may appear to the board of estimate and apportionment to tie for the best interests of the city. The number, kind and location of lights to be furnished under each of said contracts shall be determined and prescribed by the said commissioner. Such bids shall be prepared and advertised for. and such con- tracts shall be executed in the manner prescribed for herein as to other contracts entered into by said city or the depart- ments thereof. Contracts shall be made for the term of not exceeding one year, and shall be awarded to the lowest bidder, unless the board of estimate and appor- tionment shall determine that it is for the publi" interest that a bid other than the lowest should be accepted. Contracts made for a given borough or district shall Include all lights of a given kind used by raid city in said borough or district then ordered or thereafter to be ordered by said commissioner during the term of said con- tract. But no bid shall be entertained un- less the said commissioner shall be sat- isfied that the party or parties bidding are possessed nf sufficient plant to carry out the provisions of the contract. 9Ini»x, etc., to lie turned over to eom- nitsKloner. Sec. 531. The commissioner of public buildings, lighting and supplies, as con- stituted by chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-seven, is hereby re- quired and directed to turn over and de- liver to the commissioner of water supply, gas and electricity, on the first day of January, nineteen hundred and two, all maps, plans, models, books and papers and all official records and papers of every Iclad iu hi* possession relating to the con- struction and location of electrical con- ductors, conduits or subways, filed with or communicated to said commissioner. Acquisition of limits mill water rights and the use of waters In Putnam County. Sec. 532. The City of New York shall not acquire by condemnation any prop- erty or factory in Putnam county which has been used for twenty-five years for the manufacture of food products; tor acquire by condemnation any lands, ease- ments, streams or water, or water rights, on the east branch of the Croton river, below the village of Brewster in me town of Southeast, Putnam county, for the con struction of any reservoir, in which water will or may be impounded at a higher level than three hundred and ten feet above tide water at New York City. Whenever the waters of natural lakes in Putnam county have been or are ac- quired by The City of New York, or res- ervoirs have been or are constructed, the residents of said county shall have the right of boating and fishing in said lakes and reservoirs and of taking ice theretrom, subject to such regulations as the eommis I, sioner of water supply, gas and electricity of The City of New York may from time to time make to preserve the purtty of the water of such lakes and reservoirs and to prevent nuisances. Any village or town in the county of Putnam, or a cor- poration, or person or persons authorized by or in pursuance of law to establish therein a water- works system for supply- ing such village or town and the inhabi- tants thereof with water, may connect its or their water mains or pipes with the lakes, streams, reservoirs, aqueducts, water pipes and conduits of The City of New Y’ork now or hereafter located in such county, and take water therefrom for supplying such village or town and the inhabitants thereof with water. Such con- nections shall be made in the manner agreed upon between the authorities of such village or town, or such corporation, person or persons, and the commissioner of water supply, gas and electricity of The City of New York. or as directed by a special term of the Supreme Court held ! in the second judicial district, upon appli- cation made in behalf of such town, vil- lage, corporation, person or persons. The amount of water that may be drawn shall not exceed the proportionate amount that is used by The City of New York, the pro- portion being calculated according to the number of inhabitants respectively of the | said city, village or town as shown by the last preceding census of the United States. | The amount to be paid by The City of New York for water so supplied shall be agreed upon between the board of estimate and apportionment of The City of New York and the authorities of such village or town, or such corporation, person or per- sons, or fixed ind determined by a special term of the f'upreme Court held in the second jut'icitj district upon application made in behalf of such town, village, cor- i poration. person cr persons. — Added by I Laws 1905, cbypter 726. TITLE 3. DEPARTMENT OP STREET CLEAN- ING. j Commissioner, appointment anil salary. Sec 533. The head of the department of street cleaning shall be called the com- missioner 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. The main office of the department shail be located in the borough of Manhattan. Branch offices may be located in the boroughs of Brooklyn and The Bronx. Commissioner of Street Cleaning;) Ju- rlxdlctlon. Sec. 531. The commissioner o! street I cleaning shall have cognizance and con- trol: 1. Of the sweeping and cleaning, | sprinkling, flushing ji' washing and sand- ing of tne streets of the boroughs of Manhattan, the Bronx and Brooklyn, 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, garbage, and other light refuse and rubbish, and of the removal of snow and ice from leading thorough- fares and from such other streets within said boroughs as may be found practica- ble; and, as necessary, shall furnish scows or other suitable receptacles to remove or otherwise dispose of, and shall remove or otherwise dispose of all ashes from the docks of Blackwell’s and Ran dall’s islands. | 2. Of the framing of regulations con- j trolling the use of sidewalks and gutters j by abutting owners and occupants for the disposition of sweepings, refuse, garbage or light rubbish, within such boroughs, which, when so framed, and approved by the board of aldermen shall be published in like manner as city ordinances, and shall be enforced by the police depart- ment in the same manner and to the same, extent as such ordinances. — As amended by Laws of 1911. Chapter 680. Streets; what streets anil wharves not inelutletl. Sec. 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 man- agement of the department of parks, nor such wharves, piers and bulkheads or slips [ and part3 of streets and places as are by law committed to the custody and con- trol of the department of docks and ferries. Street cleaning department; mem- bers of; clerical anil uniformed forces. Sec. 536. The members of the depart- ment of street cleaning shall be divided into two general classes, to be designated, respectively, the clerical force and the uni- formed force. The clerical force shail consist of a chief clerk, medical examin- ers. not exceeding three in number, and such and so many clerks and messen- gers as the commissioner of street clean- ing shall deem necessary. The uniformed force shall be appointed by the commis- sioner of street cleaning, and shall con- sist of one general superintendent, on® assistant superintendent, one superinten- dent of final disposition, one assis- tant superintendent of final disposition, district superintendents, not exceed- ing twenty-one in number; time col- lectors, not exceeding eight in number; section foremen, not exceeding one hun- dred and twenty-five In number; dump In- spectors, net exceeding forty-three number; assistant dump inspectors, n»c exceeding forty-three in number; sweeper^ not exceeding thirty-one hundred in num- ber; dump boardmen, not exceeding forty- three in number; drivers, not exceeding sixteen hundred in number; stable fore- men, not exceeding twenty-one in number; assistant stable foremen, not exceeding twenty-one in number; hostlers, not ex- ceeding one head hostler to each stable and additional host'ers not exceeding one for each ten horsi-i; a master meri’anlc and such ar.d so nsi.y mechanics and helpers as may be necessary. The rommissione-* of street clean- ing 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 hos- tlers, provided the board of estimate and apportionment and the board of aldermen shall have previously made an appropria- tion for the purpose of permitting such increase. The annual salaries and com- pensations of the members of the uni- formed force of the department of street cleaning shall not exceed the following: Of the general superintendent, three thous- and dollars; of the assistant superinten- dent, two thousand five hundred dollars; of 72 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK the master mechanic, one thousand eight hundred dollars; of the superintendent of final disposition, two thousand dollars; of the assistant superintendent of final dis- position, one thousand five hundred dol- lars; of the district superintendents, ono thousand eight hundred dollars each; of the time collectors, one thousand two hun- dred dollars each; of the section fore- men, one thousand two hundred dol- lars each; of sweepers or drivers act- ing as assistants to the section or stable foremen, nine hundred dollars each; of the dump inspectors, one thous- and two hundred dollars each; of the assistant dump inspectors, nine hundred dollars each; of the dump boardmen, seven hundred and twenty dollars each; of the sweepers, seven hundred and twen“y dollars each; of the drivers, seven hundred and twenty dollars each; of the stable foremen, one thousand three hun- dred dollars each; of the assistant stable foremen, one thousand dollars each; of the hostlers, seven hundred and twenty dollars each. Hostlers may receive extra pay for Sundays if an appropriation there- for is made by the board of estimate and apportionment. The members of the de- partment of street cleaning shall be em- ployed at all such time* and during such hours and upon such duties as the com- missioner of street cleaning shall direct for the purpose of an effective perform- ance of the work devolving upon the said department. In case of a snowfall or other emergency, the commissioner of street cleaning or the deputy commission- er may hire and employ temporarily such and so many men, carts and horses as 6hall be rendered necessary by such emer- gency, forthwith reporting such action with the full particulars thereof to the mayor, but no man, cart or horse shall be t>o hired or employed for a longer period than three days, except that any person registered or eligible to appointment as a driver, or as a sweeper, may be tem- porarily employed at any time as an extra driver or sweeper to fill the place of a driver or sweeper w r ho is suspended or temporarily absent from duty from any cause. The rate of compensation for sucn extra drivers of sweepers shall be two dollars per day, and the driver or sweeper whose place is so filled shall not receive any compensation for the time during which he is so absent from duty or his place is so filled, unless such injury or Illness was caused by service in the de- partment. The services of any person em- ployed, 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; and they, and each of them, shall be employed and hired directly by the department of Btreet cleaning and not through contrac- tors or other persons, unless the commis- sioner himself shall determine that this requirement must for proper action in a particular instance tie dispensed with. Nothing herein contained shall affect any existing contracts made with or by the de- partment of street cleaning in regard to the cleaning of Broadway below Four- teenth street in said city or the renewal thereof, if deemed best by the commis- sioner of said department. Neither the commissioner of street cleaning, aor any deputy commissioner of street cleaning, nor any member of the uniformed rorce of the street cleaning department, shall be permitted to contribute any moneys, directly or indirectly, to any political fund, or intended to affect legislation for or on behalf of the street cleaning depart- ment or any member thereof. 111.; removal of members of clerical anil uniformed forees. Sec. 537. No member of the clerical or uniformed 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 tne true grounds thereof shall be entered upon the records of the department. The commis- j sioner 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 diso- bedience of orders, or incapacity, or ab- sence without leave, or conduct injurious to the public peace or welfare, or immo- ral conduct, or any breach of discipline, to punish the offending party by forfeiting or withholding pay for a specified time, suspension without pay during such sus- pension for a period not exceeding thirty days, or by dismissal from the force, but no more than thirty days’ pay or salary shall be forfeited or deducted for any of- fense. The said commissioner is also au- thorized and empowered, in his discretion, to deduct and withhold pay, salary or com- pensation 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 comptroller to the credit of the apportionment for the de- partment of street cleaning, and shall be applicable, in the discretion of the com- missioner of street cleaning, to any of the purposes of said department as if origi- nally 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 expi- ration of said period cease to be a member of said force and may be dismissed there- from without notice. No leave of absence exceeding twenty days in any one year shall be granted or allowed to any mem- ber of the uniformed force, except upon condition that such member shall waive or release not less than one-half of all salary, pay cr compensation and claim thereto or any part thereof during such absence. The said commissioner of street cleaning is hereby authorized and empow- ered. from time to time, to make, adopt, enforce rules, orders and regulations con- formable to the provisions of this act for the government, administration, disci- pline and disposition of the said depart- ment and of the members thereof, and to prescribe and define the duties of each member. When and as soon as a member of the uniformed force has been fined, suspended, or dismissed the true cause for such fine, suspension 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 ccpy 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, com- missioner or commissioners, board or com- petent body, with the same force and ef- fect as the original. In the event of the removal of any member of the clerical or uniformed force, he shall have the right to sue for a writ certiorari or other ap- propriate remedy for the purposes of re- viewing the action of the commissioner or his deputy, and, upon being success- ful upon such proceeding, he shall be en- titled to be re-instated and to receive full pay during the time of his suspension or removal from office. Members of deportment not liable to military or jury duty. Sec. 538. No person holding any office or position under the department of street cleaning shall be liable to military or jury duty. Division of streets into distriets; allotment of sweepers. Sec. 539. Ail 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 clean by hand labor, and for that purpose each sweeper shall provide himself with such tools and implements as the commissioner of street cleaning shall prescribe, and to each sweeper shall be alloted a fixed area of street surface according to the character of the locality; of which allot- ment a record shall be kept in the de- partment of street cleaning and shall be a public record, but nothing in this sec- tion contained shall be deemed to pre- vent the commissioner of street cleaning from causing the labor of the sweepers to be supplemented by the use of sweeping and flushing or washing machines in such streets and avenues as to him may seem proper. It shall be the duty of the com- missioner of street cleaning to divide the city into a suitable number of districts, not exceeding twenty-one, each of whicn shall be under the charge and supervision of a district superintendent who shall no directly responsible to the general sup- erintendent, and also to the commissioner 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 e’eaning for ihe cleanliness of his section. It shall be the duty of said commissioner of street clean- ing to make such allotment and designa- tion of the area to be covered, and the duties to be performed by the uniformed force, that each member thereof, except the general superintendent and his as- sistant shall have one particular district or section in which to perform all the work to which he is allotted. But noth- ing herein contained shall be so construed as to prevent the commissioner of street cleaning from transferring, at his discre- tion, members of the uniformed force, from one district or section to another, no r from temporarily employing all or any number of said uniformed force in a particular street or streets, section or sections. — As amended by Laws 1909, Chapter 397. Department of iloelcs; to lceep ^vliarves, ete., elenn. Sec. 540. The department of docks shall have power and authority and it is hereoy made its duty to cause the wharves, piers, bulkheads, heads of slips, and por- tions of any streets and places by iaiv committed to the custody and control of said department of docks, to be thorough- ly clean and kept clean at all times; and to remove from said wharves, piers, bulk- heads, 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 shatl have the right and is hereby authorized to use concurrently with the said depart- ment of street cleaning, such dumping boards, slips and piers as may be assigned to and set apart for the use of said de- partment of street cleaning, and all con- tracts 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 re- quired to be removed by such depart- ment of docks. Commissioner of street cleaning; power to obtain plant, supplies, ••to. Sec. 541. The said eomm'ssioner of street cleaning shall have power, and it shall be his duty, to purchase or hire from time to time for his use as such ; commissioner, at current prices, such and so many horses, carts, steam lugs, scows, boats, vessels, machines, tools and other property as may be required for the eco- ; nomical and effectual performance of h.'s 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, cleaning, sanding, sprinkling aud flush- ing or washing of streets and the re- moval of streets sweepings, and also to contract for the cremation, utilization or burning of street sweepings. Eagle Library-THE CHARTER OF THE CITY OF NEW YORK 73 1 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 con- structed shall be in The City of New York. All such hiring, or purchases, or contracts, however, exceeding one thou- sand dollars in amount at any one hir- ing or purchase, shall be let by contract to the lowest bidder therefor, founded on sealed bids or proposals made in com- pliance with public notice advertised in the City Record; such notice to be pub- lished at least ten days prior to the opening of such proposals or bids. Pro- vided, that nothing herein contained shall prevent said commissioner, whenever it shall be necessary, to hire such horses, carts, boats, steam tugs, scows, vessels, machines, or tools for a day or trip, and for successive days or trips, with- out advertising of contract founded on sealed proposals or bids, at compensation by the day or trip, not- withstanding the aggregate compensa- tion for such successive days or trips may exceed said sum ot one thousand dol- lars. 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 re-advertise for bids and proposals as hereinafter provided. When- ever the said commissioner shall deem it necessary, he shall and is hereby au- thorized to sell, at public auction, any plant, material, horses, carts, scows or other property, used in any way in con- nection with the work of cleaning streets; but before any such sales shall be made a notice thereof stating the time and place of sale shall be pub- lished in the City Record and corpora- tion newspapers for at least ten days immediately preceding such sale, and the proceeds arising from such sale, after deducting the necessary expenses there- of, shall be paid into the city treasury to the credit of the general fund for the reduction of taxation. The said com- missioner is hereby authorized, with the consent and approval of the board of sinking fund commissioners, to hire or lease (or periods not exceeding ten years suitable and sufficent offices for the transaction of the business under his charge, and also such stables and other buildings or parts of buildings or plot of ground as may, from time to time, be necessary. All carts used by said de- partment 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. — As amended by Laws 1909. Chapter 397. Power to contract for flushing,' streets. Sec. 541-a. The commissioner of street cleaning shall have power and is hereby authorized to enter into a contract or contracts for cleaning, sprinkling, sand- ing and flushing or washing with ma- chines the public streets, avenues, high- ways, boulevards, squares, lanes, alleys and other public places in The City of New York fo r a period of not more than five years, terminable at any time by said commissioner after three years on three months notice. And the depart- ment of water supply, gas and electrici- ty. whenever the head of said depart- ment shall he of the opinion that there is a sufficient supply of water for this purpose, is hereby authorized to permit said commissioner of street cleaning and the person or persons to whom said con- tract or contracts may be awarded, to use as much water as may be necessary for the said purpose of flushing or wash- ing the street, avenues, highways, boule- vards, squares, lanes, alleys and other public places of the city; provided al- ways, however, that every such contract- or shall be required to pay to The City of New York, through the department of water supply, gas and electricity, at its own cost and expense at current rates for the use of such water. The comp- troller of The City of New York is here- by authorized, under tko direction and I authority of the board of estimate and apportionment, to issue special revenue i bonds to the amount required to carry into effect the provisions of the said contracts when awarded as authorized under this section and in the manner provided in section five hundred and forty-one of this act. — Added by Laws of 1909, Chapter 397. Piers, Docks, Slips, Et Cetera, for Use of Department and Public; Removal of Refuse. Sec. 542. 1. The department, bu- reau or city officer, authority or au- thorities, 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 and for the borough presidents of the bor- oughs of Queens and Richmond, suit- able and sufficient slips, piers and berths in slips, located as the said com- missioner or borough presidents may require, and such as shall be conveni- ent and necessary for his or their use in executing the duty hereby imposed upon them, or either of them, ex- cepting slips, docks and piers on the East river set apart for the use of canal boats. The said commissioner or borough president may, with the approval, in writing, of the board of estimate and apportionment, lease piers, slips or wharves for the neces- sary purposes of the duties by this act conferred upon them, or either of them, whenever suitable piers, slips or wharves owned by or under the con- trol of the city cannot be obtained or are not set apart and designated as in this section provided. The commissioner of street cleaning and the presidents of the boroughs of Queens and Richmond are hereby em- powered to issue permits for the dis- posal of garbage, ashes, rubbish, street sweepings and other wastes on such terms and conditions as they shall pre- scribe, to any person, firm or corpora- tion and to ot.ner public departments, boards, bodies or officers, to use the dumping boards, transfer stations, dis- posal works and other property so designated, set apart or leased. They shall also have the jiower to make rules and regulations governing the use of said dumping boards, transfer stations, disposal works and other property in his or their control; and said permits may be revoked by them at pleasure. The commissioner of street cleaning and the presidents of the boroughs of Queens and Richmond may require any person, firm or corporation desir- ing to deposit garbage, ashes, rubbish, street sweepings or waste of any kind, at the said dumping boards, transfer 1 stations, disposal works or other prop- erty controlled by the department or office, to pay for the removal and dis- posal of said garbage, ashes, rubbish, street sweepings or waste of any kind, at the rates fixed by the board of es- timate and apportionment. The com- missioner of street cleaning and the presidents of the boroughs of Queens and Richmond are also empowered to collect, remove and dispose of garbage, ashes, rubbish, street sweepings, and all wastes, including trade waste from business, industrial, manufacturing, or other establishments conducted for profit, and to charge for such collec- tion, removal and disposal at the rates fixed by the board of estimate and ap- portionment. 2. All moneys received by the city pursuant to the provisions of this sec- tion shall be paid to the general fund. [ As amended by Chap. 500, Laws of 1915] Vntform, badges, etc., of ani formed force. Sec. 543. The commissioner of street cleaning is hereby authorized and directed, from time to time, to prescribe distinc- 1 the uniforms, badges esd iasigaia to be [ worn and displayed by the several mera- ! bers of the uniformed force of said depart- ment and to prescribe and enforce penal- ties for the failure to wear and exhibit the same by any member of said force while engaged in the work of the depart- ment. Special contracts for disposition of sweepings, ashes, garbage, etc. Sec. 544. Said commissioner shall have power to enter into contracts with respon- sible persons and parties for the final disposition, for periods not exceed- ing five years, of all or any part of the said street sweepings, ashes, or gaibage, 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 esti- mate and apportionment. All contracts shall be entered into on behalf of the city by the commissioners with adequate security. He shall advertise for propos- als in such newspapers in the city as lie 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 a3 he may prescribe. Such proposals may be for the perform- ance 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 comptrol- ler for five per centum of the amount for w'hich the w'ork bid for Is proposed in any one year to be performed. From the proposals so received he may select the bid or bids, the acceptance of which will, in his judgment, best secure the efficient performance of the work, or he may reject any or all of said bids. On the acceptance 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 ap- proved as to form by the counsel to the corporation. The terms and conditions of all contracts for street sweeping and cleaning, or for the collection of ashes and garbage, shall, before they are en- tered into, be approved by the board of estimate and apportionment. Proceedings for removal of track), etc., from streets, regalated. (See Code of Ordinances Library.) Sec. 545. It shall be the duty of the commissioner of street cleaning to re- move, or cause to be removed, all unhar- nessed trucks, carts, wagons and vehicles of any description, found in any public street or place, and also all boxes, barrels, ■ bales of merchandise and other movable property found upon any public street, or place, not. including, however, any por- tion of marginal street, or place, or wharf which, by the provision of any law or sta- tute, is committed to the custody and con- trol of the department of docks. The said commissioner of street cleaning is hereby authorized, with the consent and approval of the board of sinking fund commission- ers, to lease a suitable yard or yards to which trucks, carts, wagons and vehicles, boxes, bales, barrels and other things, re- moved under the authority of this sec- tion, shall be taken, and the said commis- sioner shall, from time to time, so often as he shall deem necessary, sell, or cause to be sold, as hereinafter provided at public auction, at such yard or yards, the said trucks, carts, wagons, vehicles, boxes, barrels and other things so re- moved. Whenever the said commissioner or deputy commissioner shall have re- moved 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 be- fore making the sale thereof, he shall file with a justice of the municipal court of The City of New York, a written peti- tion, verified by oath, setting forth Ui* 74 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK facts which bring the case within this section, together with a brief description of each of the trucks, carts, wagons, vehi- cles, boxes, barrels or other things so re- moved in his custody and possession as street cleaning commissioner at the timeof filing such petition, stating either thenama of the owner or that his name is not known to the said petitioners, and can- not be ascertained with reasonable dili- gence, and praying for a final order, di- recting the sale of the property so seized or removed, and the application of the proceeds thereof, as herein prescribed; and, upon the presentation of said peti- tion the justice must issue a precept un- der his hand, directed to the persons whose names appear in the said petition as owners, if stated in the petition, or if not stated, directed generally to all per- sons having any interest in the property so seized and removed, and briefly recit- ing 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 speefied therein, not less than ten nor more than twenty days after the Issuing of the precept, why the prayer of me petition snouia 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 com- missioner cf street cleaning, and the second of which shall be the yard to which the property shall have been re- moved, 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 corpor- ation newspapers within five days after the issue, and not later than three days before the return day mentioned in the precept. At the time and place when the precept is returnable, the said com- missloner or deputy commissioner must furnished proof of the service of said pre- cept as herein prescribed and any per- son 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 r. writ- ten answer, subscribed by him or his at- torney, and verified by the oath of the person subscribing it, denying abso- lutely, or upon information and belief, one or more material allega- tions in the petition, and setting forth his interest in the property seized. The subsequent proceedings be- fore 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 ap- pearance and trial before him. If no person appears and answers, the justice shall make a final order directed to the commis- { sioner of street cleaning, commanding j bim to sell, at public auction, all of the property seized and described in the pe- tition, at the yard to which said property was removed, for the best price which he can obtain therefor. Before making auy such sale the said commissioner or deputy commissioner 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 ilie time and place of such sale, and shall contain a general description of the property to be sold, but no particular de- scription of any article shall be con- tained therein. The sale shall be made at the time and place specified in said notice of sale by the commissioner or deputy commissioner, or by an auctioneer, desig- nated for such sale said the commissioner. Immediately after such sale, the commis- sioner of street cleaning shall pay to the comptroller the proceeds of such con- demnation and sale and shall, at the same time, transmit to the comptroller an item- ized statement of the articles sold, with the price received for each article and a certificate of the costs and expenses in- curred by the said commissioner in mak- ing such condemnation and sales. The comptroller shall credit and add to the appropriation for the department of street cleaning from the proceeds of such sale the amount of said costs and ex- penses of such condemnation and sales as hereinbefore provided, aud in addition thereto, such an amount tor each in- cumbrance 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 necessary to pay the cost of seizing, removing and keeping or storing 'such encumbrances; and the remainder of the moneys realized from such sale shall be paid, without interest, to the lawful owners of the several articles sold. Any payment to a person apparently entitled thereto, under the provisions of this sec- , tion, shall be a good defense to the city ! against any other person claiming to be entitled to such payment, but if the per- [ son to whom such payment is made is not in fact entitled -hereto, it shall be lawful for the person or persons to ; whom the same ought to have been paid 10 recover the same, with interest and costs of suit, as so much money had and received to his. her or their use by the person or persons to whom the same shall have been paid. The owner of auy 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 trans- mitted to the comptroller, and by him added and credited to the appropriation tor the department of street, cleaning under ihe provisions of this act, and may be used by the commissioner for any of the purposes of said department, as it' originally included in the appropriation thereof, by the board of estimate and ap- portionment. Nothing in -his section con- tained shall be deemed to authorize the summary removal of materials lor any public work or improvement in course of construction. Limitation of ninount of expense for afreet cleaning; bonds to be fanned by eonipt roller for pur- ebu.se of plant. Sec. 546. In no case, except as in this section provided, shall the amount ex- pended by the commissioner of street cleaning or the presidents of the bor- oughs of Queens and Richmond exceed the amount appropriated for the said de- partment or boroughs by the board of estimate and apportionment and the board of aldermen, but, for the more ef- fectual carrying out of the provisions of this act, the said commissioner of street cleaning and said borough presidents may, with the approval of the board of esti- mate and apportionment, purchase or con- struct stock or plant, including houses, dumping boards or places or buildings or structures necessary for any purpose per- taining to the business of street clean- ing of durable character intended to be used for a term of years, to be paid for by the issue and sale of bonds. If the necessary cost of removing snow or ice j from the streets and avenues shall, in | any one year, exceed the amount ap- j propriated therefor, the board of esti- mate 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 purposes of said department; and the comptroller shall raise the amount of! such additional expenditure by the issue and sale of revenue bonds, and shall place I the amount so raised to the credit of the J department of street cleaning, or of said borough presidents, as the same may have been apportioned by the board of esti- mate and apportionment to supply the amount of deficiency occasioned by sucli additional expenditure. Devolution of powers of former hoards. Sec. 547. All the powers and duties conferred upon the corporation hereto- fore 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 or Brooklyn, or upon any board or of- ficer 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 com- monalty 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, sprinkling, sanding and flushing or wash- ing the streets, avenues, highways, boule- vards, squares, lanes, alleys and other public places of the citv, and of the removal, or other disposition as often as the public health and the use of streets may require, of ashes, street sweepings, garbage aud other light refuse and rubbish, and of the removal of snow and ice from leading thorough- fares and from such other streets as may be found practicable of the removal of incumbrances; of the issue of per- mits to builders and others to use the streets, avenues, highways, boulevards, squares and public places, but not to open them; of the framing of regula- tions controlling the use ot sidewalks and gutters by abutting owners and oc- cupants for the disposition of sweepings, refuse, garbage or light rubbish, are hereby vested in the city of New York, and as matters of administration de- volved upon the commissioner of street cleaning of said city, as to the boroughs of Manhattan, The Bronx and Brooklyn, and upon the presidents of Queens an 1 Richmond as to those boroughs, to be by them executed pursuant to the pow- ers, provisions and limitations of this act. — As amended by Laws 1909, Chap- ter 397. Relief anil pension fund In depart- ment of street cleaning. Sec. 548. There shall be a relief and pension fund of the department of street cleaning which shall be made up, admin- istered and used for the benefit of the members of the clerical and uniformed forces of the department of street clean- ing as defined by section five hundred and thirty-six of the charter, and the incum- bents of such other positions in said de- partment as have been created and nor. specified in section five hundred and thirty-six of the charter. — Added by Laws 1911, Chapter 839. Of wlint f ii ii <1 consists. Sec. 549. The rebef and pension fund of the department of street cleaning of the city of New York shall consist ot the following moneys and the interest and income thereof: First. A sum of money equal to, but not greater than, three per centum of the weekly or monthly pay, salary or compensation of each such member of the department ot street cleaning, which sum shall be deducted, weekly or monthly, as the ease may be, by the comptroller from the pay, salary or compensation, of each and every such member of the depart- ment of street cleaning, and the said comptroller is hereby authorized, em- powered and directed to deduct said sum of money as aforesaid, and to pay the same monthly to the treasurer and trus- tee of the relief and pension fund of the department of street cleaning. Second, All money, pay, compensation or salary, or any part thereof, forfeited, deducted or withheld from any such member of the department of street Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 75 cleaning on account of fines, suspension or absence from any cause, loss of time, sickness or other disability, physical or mental, to be paid monthly by the comp- troller to the treasurer and trustee of said pension fund, except in the case of a sweeper, driver, hostler, stableman or otner employee who may have been sick or absent from any cause, and whose position has been filled by an extra sweeper, driver, stableman or other tem- porary employee, to whom compensation has been paid. Third. All moneys received for the privilege of scow trimming or assorting of refuse at the various dumps in the boroughs of Manhattan, Brooklyn or Bronx, or at any other place where re- fuse may be disposed of, excepting in so far as the provisions of any contract now in force between The City of New York and contractors give such privilege to the contractors. All contracts here- after made shall stipulate that the pro- ceeds from such trimming or assorting of refuse shall be paid by the comptroller to the trustee and treasurer of said pen- sion fund. Fourth. All moneys received from the sale of steam or house ashes, garbage and refuse, collected by the department or street cleaning, and any moneys that may be received for the disposal of such steam or house ashes, garbage or refuse. Fifth. All proceeds of sales of con- demned horses or other property of said department, excepting real property; ana so much of the proceeds of sales of un- harnessed trucks, carts, wagons and ve- hicles of any description, and of all box- es, barrels, bales or other merchandise, or other movable property, found in any public street or place and removed there- from by the commissioner of street cleaning under any provision of law au- thorizing said commissioner to remove and to sell such incumbrances, as ex- ceeds the necessary expense of the sales of such condemned property or unre- deemed incumbrances and which is not. under such provision of the law, payable To the lawful owner or owners of such incumbrances so sold, and all moneys col- lected for the release of merchandise, un- harnessed vehicles or movable property removed as aforesaid. Sixth. Any and all unexpended bal- ances of amounts appropriated for the payment of salaries or compensation of such members of the department of street cleaning remaining unexpended after the allowance of all claims payable there- from. And the comptroller is hereby au- thorized to pay over such unexpended balances to the treasurer and trustee of said pension fund at any time after the expiration of the year for which such amounts were appropriated, after allow- ing sufficient to satisfy all the claims payable therefrom as aforesaid. Seventh. All gifts or bequests which may be made to said fund or the com- missioner of street cleaning as treasurer or trustee of said fund. — Added by Laws 3911, Chapter 899. Commissioner, trustee mill trcasurtr of fund. Sec. 550. The commissioner of street cleaning shall be the trustee and treas- urer of said relief and pension fund. He shall, before enterin'* upon his duties as treasurer and trustee thereof, deliver to the comptroller a bond in me penal sum of seventy-five thousand dollars, to be approved by the comptroller, condi- tioned for the faithful discharge and per- formance of his duties as such treasurer and trustee. Compensation shall be made to the commissioner of street cleaning for the expense of procuring sureties for said bond, to be paid out of said pension fund. Said treasurer and trustee sha.l have charge of and administer said fund. He shail -eceive ail moneys applicable to said fund, and, from time to time. Shall invest such moneys o- ar.y part '-uafeof, in any manner allowed b-v law for investments by savings banks, as he shall deem beneficial to said fund; and he is empowered to make all necessary con- tracts and to conduct necessary and proper actions and proceedings in the premises, and to pay from said fund the relief or pensions granted in pursuance of this act. And he is authorized and empowered to establish, from time to time, such rules and regulations for the disposition and investment, preservation and administration of said pension fund as he may deem best. No payment what- ever shall be allowed or made by said treasurer and trustee from said fund as reward, gratuity or compensation to any person tor salary or service rendered to or for said treasurer and trustee, ex- cept payment of necessary legal expenses and compensation as aforesaid for the expense of procuring sureties on said 'nd. The commissioner of street cleau- •'g may employ the members of the cler- ,val force in such clerical work as may oe necessary for the care and administra- tion of said fund as a part of their regu- lar duties and without extra compen- sation. On or before the first day of February of each year the said treas- urer and trustee shall make a verified report to the mayor containing a state- ment of the account of said fund under his control and of all receipts, invest- ments and disbursements, on account of said fund, together with the name and residence of each beneficiary. There shall be an auditing committee consist- ing of three members of the department of street cleaning, to be appointed by the mayor. It shall be the duty of such auditing committee, on or before the first day of March in each year, to examine the condition of said relief and pension fund and to audit the accounts of said treasurer and trustee and to make report thereon to the mayor within thirty days thereafter. — Added by Laws 1911, Chap- ter 839. Commissioner us trustee itiiiliorfsetl to take sifts for fund. Sec. 551. The commissioner of street cleaning, as treasurer and trustee of said relief and pension fund, is hereby authorized and empowered to take and hold any and all gifts or bequests which may be made to such fund, and to trans- fer such gifts or bequests tc his suc- cessor, together with all other moneys o: property belonging to said fund. — Added by Laws 1911, Chapter 839. iletiring member* of street cleaning force j pension*, etc. Sec. 552. The commissionei of street cleaning shall have power in his discre- tion to retire and dismiss from member- ship in his department a member of the departmeni, of street cleaning a3 herein- after provided; and he shat! grant re- lief or a pension to such member so re- tired and dismissed from membership, and to the widows and orphans of mem- bers of said department who may be en- titled to receive such relief or pension, to be paid from said relief or pension fund, in monthly instalments, as follows: First. To any such member who, at any time after the passage of this act, while in the actual performance of duty, and without fa tit or misconduct on the part of such member, shall have become i ermanently disabled, physically or mentally, so as to be unfit to perform tlie duties required of such member, provided that such unfitness for duty has been certified to by a majority ot the medical examiners of said department, the sum of twenty-five dollars per month, Second. To the widow of any member of the departmen* of street cleaning who, after the passage of this act, shall have been killed while in the actual perform- ance o! h.s duty, or shall have died from, the effect? of any injury received while ;n the actual performance of such duty, the sum of more tl“vu three hun- dred dollars per annum; and to the widow of any member of such force who shall hereafter die and who shall have been ten years in the service in said de- partment at the time of his death, or who shall have been retired on a pen- sion, as hereinafter provided, if t. h * r " shall be no child or children of such member under eighteen years of age, tin sum of not more than two hundred dol- lars per annum, in the discretion of said treasurer and trustee; and if there bo such child or children of such member under the age aforesaid, then such sum may be divided between such widow, child or children in such proportion and in such manner as the said treasurer and trustee may direct. The right of such j widow to such pension shall cease an t terminate at her death or remarriage; I or if she shall have been guilty of con- duct which in the opinion o£ said treao- I urer and trustee renders payment in- expedient. Third. To any child or children under eighteen years of age of such member I killed or dying as aforesaid, or dying | after retirement leaving no widow, or if | a widow, then after her death, a sum j not exceeding two hundred dollars per annum to be paid as such treasurer and trustee shall direct unt.l suen cnild m children shall have attained the age of eighteen years or 6liall have married. Fourth. To the widowed mother ot any such member, who was the sole sup- port of such mother, who shall die after the passage of this act, a sum not to exceed two hundred dollars per annum, to cease upon the death or remarriage of such widowed mother. — Added by Laws 3911, Chapter S39. Term Of the operation of the railroad on the New York and Brooklyn bridge. (c) Of 'he collection of lares and of tolls on the New York and Brooklyn bridge. (d> Of the construction, repair, main- tenance and management of all other bridges, that may at any time hereafter be constructed in whole or in part at the ex- pense of the city of New Y'ork. or that may be acquired by said city, which extend across the waters of a navigable stream, or have a terminus In two or more bor- oughs. te) Of the construction, repair, main- tenance and management of all other bridges, that are or may be In whole or in part a public charge, not included in public parks, or within the control of a president of a borough, within the territory of the city of New Y’ork. The board of commis- sioners established by chapter seven hundred and eighty-nine of the laws of eighteen hun- dred and ninety-five is hereby abolished, and all its powers and duties are hereby devolved upon the commissioner of plant and structures of the city of New Y’ork. The engineering and clerical force of said board is hereby transferred to the department of plant and structures of the city of New Y’ork; provided, however, that nothing herein contained shall prevent the commis- sioner of plant and structures from abolish- ing unnecessary offices* or positions or shall in any way limit his powers of removal as determined by this act. (f) Of the construction, repair, main- tenance and management of all tunnels that hereafter may be constructed in whole or in part at the expense of the city of New Y’ork or that may be acquired by said city which extend across the waters of a navigable stream or have a terminus in two or more boroughs; provided, however, that nothing in this section contained shall in any wav I limit or affect the powers r.ow possessed by I the public service commission for the first ) district. , 2. The board of estimate and apportion- ment may in its discretion direct the trans- fer of the powers and duties of the police department, the department of street clean- ing. the department of parks, the depart- ment of public charities, the department of correction, the fire department, the depart- ment of health and the board of trustees of Bellevue and allied hospitals in r spect of the construction, maintenance, upkeep and repair of buildings and structures, and the repair of boats, vehicles, apparatus and equipment, to the department of plant and structures. When the said board shall direct such transfer, the department of plant and struc- tures shall thereafter perform all the duties and exercise all the powers theretofore vested in any of said departments or the heads thereof in respect to the construction, maintenance, upkeep and repair of buildings and structures, and of the repair of all boats, vehicles, apparatus and equipment; work which shall have been begun by any of said departments but which shall be un- finished at the time of such transfer shall be completed by the department of plant and structures, and contracts executed by any of said departments prior to such transfer shall be performed, or the performance thereof shall be completed, by the depart- ment of plant and structures- if any officer, engineer or other employee of any of said departments is designated in any such con- tract ior the performance of a particular act or function, an officer, engineer or em- ployee of the department of plant and structures designated by the commissioner of plant and structures and occupying a similar position shall perform such act or function: all employees of the said depart- ments connected with the performance of such duties and the exercises of such powers shall be transferred to the jurisdiction of 'm the commissioner of plant and structures, j hut such transfer shall not prevent the commissioner of plant and structures from abolishing unnecessary positions or limit his power of removal; all property, books, papers, vouchers, contracts, drawings, maps and other do aments in the possession of the i police department, the department of street i cleaning, rhe department of parks, the de- I partmer.t of public charities, the department | of correction, the fire department, the de- ] partment of health and the board of trustees | of Bellevue and allied hospitals, connected I with uncompleted work of construction or I repair of buildings or structures, and all ; property, machinery, too's, implements and i materials in the possession of any of said departments or of the hoard of trustees of I Be'>vw* and a bed hospitals for use in re- ■ pa * ;rg boats, vehicles, apparatus and equip- ment,’ sna.i be transferred ana delivered to the department of plant and structures. —A* amended by Laws of 1916, Chapter 52S. III.; to make daily report to comp- troller. Sec. 596. The said commissioner shall keep accurate accounts of all moneys re- ceived 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 board of al- dermen 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. Sec. 597. The engineers, officers and subordinates, with the exception of the attorneys and counsel, of the New York and Brooklyn bridge, in office or employ- ment at the time of the passage of this act and heretofore appointed by the trus- tees of the. New York and Brooklyn bridge shall not be affected by the passage of this act sc 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 thif act. The New York and Brooklyn bridge a public highway. Sec. 5SS. The New York and Brooklyn bridge is hereby declared to be a public highway for the purpose of rendering travel between the boroughs of Manhat- tan and Brooklyn certain and safe at all times, subject to such tolls and prudential and police regulatious as the board of al- dermen shall adopt and prescribe; pro- vided, however, that the passageway of the bridge now set apart for foot passen- gers shall remain free and open to all pedestrians coming or going at all times. Concurrent jurisdiction In bor- oughs* of New York and Brooklyn over crimes, etc., committed on the said bridge. Sec. 599. Concurrent jurisdiction shall be possessed by all courts located in the bor- ough of Manhattan, and of all courts lo- cated in the borough of Brooklyn, and by the judicial and administrative officers of the city of New York, over all crimes and offenses, committed upon said bridge anl upon any other bridge that may hereafter be erected between the two boroughs. It shall be the duty of the said commissioner of plant and structures, and he hereby is authorized to execute the ordinances of the board of aldermen, relative to said bridges and to have in immediate charge, the con- trol and disposition of such members of the police force of the city of New Y’ork, as may be assigned for duty in his depart- ment.— As amended by Laws of 19 1C. Chap. 52S. Certain act* declared to be mitade- m^anors; penalties for. Sec. 60d. Aliy person wilfully doing any injury to any of said bridges or any of their appurtenances, shall forfeit and pay the said City of New York three times tho 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. Devolution of powers of former boards, etc. Sect. 601. All the powers and duties of the trustees of the New York ar.d Brooklyn bridge heretofore vested in and devolved upon said commissioner of bridges by any law or statute shall, so far as they are consistent with and conformable to the pro- visions of this act. be devolved upon the commissioner of plant and structures ami upon the ooard of aldermen, and they shall in all respects exercise such duties and perform such powers, subject, however, to the provisions, directions ar.d limitation** of this act.— As ameuded by Laws of 1916. Chap. 528. Additional powers of ilie commis- sioner of plant and structures. Sec. 602. The commissioner of plant and structures, in addition to the powers here- , inbefore conferred upon him. !s also author- ized, with the approval of the board of estimate ar.d apportionment, given a frer ten uayi' notice in writing to the public service Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 77 commission for the first district to select In the name and on behalf of the city of New York any lands for approaches to bridges and sites therefor or lands above or under water for bridges or approaches thereto, and to acquire title thereto either in fee or to an easement as may be determined by the board of estimate and apportionment. The proceeding for the acquirement of the title to any property so selected shall be taken and conducted in the manner pre- scribed in chapter twenty-one of this act.— As amended by Laws of 191G, Chap. 528. Additional funds for removal of snow in emergencies. Sec. 603. If the necessary cost of re* moving snow or ice from the bridges, or any of them, under the jurisdiction of the de- partment of plant and structures shall, in any one year, exceed the amount appro- priated to such department therefor, the board 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 unex- pended balance of the appropriation made for the purposes of such department; and the comptroller shall raise the amount of such additional expenditures by the issue and sale of revenue bonds and place the amount so raised to the credit of such de- partment. Sec. 9. The status of officers and em- ployees of the department of bridges, as heretofore known, shall not be affected by the change in the name of said department under the provisions of this act.— As amended by Laws of 1916, Chap. 528. CHAPTER XII. DEPARTMENT OP PARKS. i Title 1. The parks of the city. Title 2. The art commission. TITLE 1. THE PARKS. Administrative jurisdiction; board; president; salaries. Sec. 607. The head of the department of parks shall be called the park board. Said board shall consist of four 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 commissioners shall be the president of the board, and shall be so designated by the mayor. In appointing such commis- sioners, the mayor shall specify the bor- ough or boroughs in which they are re- spectively to have administrative juris- diction, to wit: one in the boroughs of Manhattan and Richmond; one in the borough of The Bronx, and one in the borough of Brooklyn and one in the bor- ough of 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 Brook- lyn. Queens, and The Bronx. The salary of each of said commissioners shall be five thousand dollars a year. — As amended by Laws of 1311, Chapter 614. Title to parks, squares ami public places. See. 608. The title to each and all of the parks, parkways, squares and public places comprised within and belonging to the corporation 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. Gift* of real ami personal property. Sec. 609. Real and personal property may be granted, devised, bequeathed or conveyed to The City of New Y'ork, *s 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 establishment 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 pre- j scribed by the grantors or donors there- of, and be accepted by the department; and all property so devised, granted, be- queathed, or conveyed, and the rents, is- sues, profits, and income and increase thereof shall be subject to the manage- ment, direction and control of the com- missioner for the borough or boroughs in which the same is situated or to which it appertains, and except such surplus animals and duplicate specimens as the park board may deem it judicious to dis- pose of by sale or otherwise, the same shall be forever properly protected, pre- served and arranged for public use and enjoyment, subject to such rules and regulations as the park board may pre- scribe; provided, however, that whenever the park board shall determine to dis- continue the maintenance of the zoolo- gical collection in Central Park it shall be lawful for said board, with the ap- proval of the mayor and the board of estimate and apportionment, to transfer such collection to the New York Zoologi- cal Society. The said board shall here- after, with its annual report, make a statement of the condition of all the gifts, devises and bequests of the previous year, and of the names of the persons making the same. General powers of the hoard; ordi- nances. Sec. 610. The board of aldermen shall by general ordinances from time . to time establish all needful rules and regulations for the government and : protection of the public parks and of j all property placed in charge of the I park board and under its control by the provisions of this chapter, and the same shall at all times be subject to all such ordinances as to the use and oc- cupation thereof and in respect to any erections or encumbrances thereon. The board of aldermen shall have power to name or rename parks, park- ways and all public places under the jurisdiction of the park board. The park board shall have power to estab- lish and enforce general rules and regulations for the administration of the department, and, subject to the or- dinances of the board of aldermen, to establish and enforce rules and regu- lations for the government and pro- tection of the public parks and of all property in charge of said board or under its control, which rules and reg- ulations, so far as practicable, shall be uniform in all the boroughs. All ordinances, rules and regulations of the park board which on the first day of January, nineteen hundred and two, ' shall be in force in The City of New j York, are hereby continued in full force and effect until modified or re- pealed by the establishment of new ordinances, rules and regulations as herein provided. The rules and regu- lations for the government and pro- tection of Cie public parks and of all property in charge of the said board or under its control, which are in force May first, nineteen hundred and four, shall, together with the ordi- nances adopted by the board of aider- men, constitute a chapter of the code of ordinances of the City of New York. On or before the fifteenth day of May, nineteen hundred and four, the sec- retary of the park board shall file with the city clerk all such rules and regu- lations which were in force on May first, nineteen hundred and four, and upon the filing of the same, they shall thereby become general ordinances of The City of New York. No such rule or regulation adopted by the park board subsequent to May first, nine- teen hundred and four, shall become valid and effectual until a copy of such rule or regulation, duly certified to be a correct copy by the secretary of tlio park board, be filed with the city clerk. Upon so filing such rule or reg- ulation shall become a general ordi- nance of The City of New York. Any person violating any ordinances relat- ing to the parks or other property mentioned in this section shall be guilty of a misdemeanor and shall on conviction before a city mag- istrate be punished by a fine not ex- ceeding fifty dollais, or in default of payment of such fine by imprisonment not exceeding thirty days. [As amend- ed by Laws of 1913, chap. 383.] Landscape nrcliiteet; appointment and duties. Sec. 611. The board may employ when thereto authorized by the board of esti- mate and apportionment, a landscape architect, skilled and expert, whose as- sent shall be requisite to all plans and works or changes thereof respecting the conformation, development or ornamenta- tion of any of the parks, squares, or pub- lic 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 architects, from time to time, to procure and submit to the board, or to any com- missioner, as he may deem proper, or as he may be requested by said board or by any commissioner, plans for works or changes thereof respecting the parks, parkways, squares or public places of the city. General powers of oonnnissionei’s a» to the m a n a genie lit of parks. Sec. 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 re- sponsible 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 ad- joining the same; but such jurisdiction shall not extend to nor include the build- ings which are now or may hereafter b® erected in such parks, squares or public places for governmental purposes, other than those of the department of parks. It shall be the duty of each commission- er, 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 orna- mental purposes and for the beneficial uses of the people of the city. Subject to the general rules and regulations es- tablished by the board, and excepting as otherwise provided in section 612-a of this charter, each commissioner shall have power to authorize and regulate the, pro- jections on and determine the line or curb and th« surface construction of all streets and avenues lying within any park, square or public place in his juris- diction, or within a distance of three hundred and fifty feet from the outer boundaries thereof; and ho shall also have power to plant trees and to con- struct, erect and establish seats, drink- ing fountains, statues and works of art, when he may deem it tasteful or appro- priate so to do, on any part of the pub- lic streets and avenues within such en- vironments. subject to the provisions of title two of this chapter, and to deter- mine when and where new lamps or lighting appliances shall be placed and lighted.— As amennbd by £,aws 1908, Chapter 135. Transfer of jnrisdictlon over cer- tain streets In Dorougli of Brook- lyn. Sec. 612-a. The following named streets, avenues and highways In the Borough of Brooklyn, which have heretofore been by law under the jurisdiction of the depart- ment of parks of tlic County of King*. 78 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK or of the City of Brooklyn, and later un- der the department of parks of The City of New York and the commissioner of parks of the boroughs of Brooklyn and Queens, shall be under the exclusive care, custody and control of the president of the Borough of Brooklyn, to wit: River- dale avenue from Stone avenue to New Lots road. New Lots road to Dumont avenue and Dumont avenue to Fountain avenue. — Added by Laws 1908, Chapter 135. Ocean boulevard; restrictions as to use of. Sec. 612-b. The commissioner of parks of the borough of Brooklyn is hereby authorized, in his discretion by rules and regulations, to restrict the use and occupation of the main drive of Ocean boulevard in the borough of Brooklyn from Twenty-second avenue to King’s highway, to horses and light carriages and to exclude therefrom vehicles of all other kinds, including bicycles and motor vehicles. [As amended by Laws of 1913, chap. 34.] Maintenance and management of buildings in parks. Sec. 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 Battery place, and such other build- ings 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 board of aldermen. It shall be the duty of the commissioner for the Borough of Brooklyn 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 juris- diction by authority of the board of aldermen. It shall be the duty of the commissioner for the borough of the Bronx to maintain the New York bo- tanical garden and the buildings ap- purtenant hereto, and such other in- stitutions or buildings as may be es- tablished or erected in any park, square or public place in his jurisdic- tion by authority of the board of al- dermen. It shall be the duty of the commissioner for the borough of Queens to maintain such institutions and buildings as now are or may here- after be erected in any park, square or public place under his jurisdiction by authority of the board of aldermen. It shall be the duty of the several com- missioners to provide the necessary instruments, furniture and equipments for the several buildings and institu- tions within their respective jurisdic- tions, and, with the authority of the board of aldermen, to develop and im- prove 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 amend- atory thereof, and to the powers of said corporations thereunder, and of the boards by such acts created or pro- vided for; and shall also be subject to and in conformity with such con- tracts and agreements as have here- tofore been made with such institu- tions respectively, and are in force and effect when this act takes effect, or as may be hereafter made by the author- ity of the board of aldermen, arid no moneys shall be expended for such purposes unless an appropriation therefor has been made by the board of estimate and apportionment and the board of aldermen. Out of the moneys annually appropriated for the maintenance of parks each commis- sioner may apply such sum as shall be fixed by the board of estimate and a-wportior.ment for the keeping.pt eser- vation and exhibition of the collections placed or contained in buildings or in- stitutions now situated or hereafter erected in the parks, squares or pub- lic places under the jurisdiction of such commissioner. [As amended by Laws of 1913, chap. 34.] Appointment of subordinate offi- cers. See. 614. The park board shall have power to appoint a secretary and such subordinate officers as may be necessary for the proper conduct of the office of the department. Each commissioner shall have power to appoint such superinten- dents, 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 also have power to em- ploy all of the mechanics, agents or la- borers needed or required for the work of the department in the parks, squares and public places in his jurisdiction within the limits of the proper appro- priation. 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 con- stituted by this act, as may be assigned for duty in the parks, squares or public places subject to his jurisdiction. Permit* for building* for fire ap- liariituN. Sec. 615. Each commissioner is hereby authorized in his discretion, on the ap- plication in writing of the file commis- sioner, to permit a building or buildings for fire apparatus to be placed in any of the parks, squares or public places situ- ated within the jurisdiction of such com- missioner of parks, provided the said building or buildings are so located and constructed as, in the judgment of the commissioner granting such permission, will not disfigure or encumber the said park, square or public place, or interfere with the purposes of public use ami recreation, but will lend to the protection o' tlie public and tlieir property. General powers of commissioner* under former nets. Sec. 616. The park board shall in ad- dition to the powers, rights and duties expressly conferred or imposed upon it by this act, except as otherwise provided by section six hundred and twelve-a, pos- sess and exercise all the powers, r ghts and duties and shall be sub'ect to all the obligations heretofore vested in, conferred upon or required of the corporation known as the mayor, aldermen and eom- mcnalty of The City of New York, or the department of parks In said city, or the commissioners of parks, t: in any- other board, body or officer therein or there- of. or any commission, commissioner, body, board or officer in or for the Coun- ty of Richmond, or the corporation known as the C ty of Brooklyn, or the depart- ment of parks In and for said city, or the commissioners of parks, or any com- mission. commissioner, body, board or officer of said city or of tlie County of Kings, or any commissioner, body, board or officer in or for the County of Queens, so far as such powers, rights, duties and obligations concerned or affected the control, care, management, government, extension, maintenance or administrative jurisdiction of the parks, squares and other public places situated or lying within The City of New York as con- stitu'ed by this act or which have since been or may hereafter be opened or es- tablished therein, so far as the same are not inconsistent with this act. Noth- ing contained in this section shall be construed to limit the administrative control of the several commissioners over the parks, squares or public places situ- ated or lying within their respective jurisdiction -As amended by Laws 1908, Chapter 135. : Accounts; annual estimates; expen- ditures. Sec. 617. 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. Each com- missioner 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 estimates so prepared, as revised by the board, shall together constitute the annual estimate of the depart- ment of parks, and shall be submitted to the board of estimate and appor- tionment within the time prescribed by this act for the submission of esti- mates 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 ap- propriated for any purpose other than that for which it was appropriated. It shall be the duty of the board of esti- mate and apportionment and of the board of aldermen to provide in the annual budget the proportionate part of the appropriation for the depart- ment of parks applicable to the ad- 1 ministration of each commission. [As amended by Laws of 1913, chap. 34.] Advertisement* for anpplie*. Sec. 618. The board shall from time to time as may be necessary, advertise in the City Record and corporation newspa- pers for not less than ten days, for tho 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 ex- cepted by the rules and regulations of the board In case of an emergency each commissioner may purchase articles im- mediately required without calling for competition at an expense not exceeding one thousand dollars during any one month. Battery place; boat landing*. Sec. 619. T he commissioner for the bor- oughs of Manhattan and Richmond shall have pewer and control over all that por- tion of Battery place lying south of the line of the south side of pier number one, Ncrth river, and west of Iho easterly line of West street, extended in a southerly direction, and also over the waters of the I North river and soil under the waters there: f. in front of said portion of Bat - i tery [lace, and to the extent of two hun- dred I */t westerly from the westerly en 1 of saic Battery place; and it shall be law- ful for such commissioner to erect, con- struct and maintain on said part of Bat- tery place, and over or on the lands un- der water before mentioned, suitable buildings, docks, piers, or basins for th* accommodation of small boats that may be engaged in the business of attending 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, such rules and regulations for the use and enjoyment of the same, as to the commissioners shall seem meet apt ; proper for the public interest. Such com- ' missioner may also prescribe and en'^'e* like rules and ordinances for the eon rol and government of all small boat? quenting or using the water basin at '.ho south end of the Battery. U.trlein river improvement. Sec. 620. It shall be the duty of tho commissioner for the boroughs of Man- hattan and Richmond to continue and complete every and all plan or plans, work or construction, respecting the im- provement of Harlem river, heretofore devolved unon the department of public parks of the corporation known as th« Eagle Library— THE CHARTER OF THE CITY OF NEW YORE 70 mayor, aldermen and commonalty of the city of New York, by chapter five hun- dred and thirty-four of the laws of eigh- teen hundred and seventy-one, and by all acts or parts of acts amendatory thereof, so far as the same remain to be con- tinued and completed according to the provisions of that act or its amend- ments. Metropolitan Mnsenin of Art. Sec. C21. The commissioner for the bor- oughs of Manhattan and Richmond is hereby authorized and directed to con- tinue the contract 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 bound- ed on the west by the drive, on the east hy the Fifth avenue, on the south by a continuation of Eightieth street, and on the north by a continuation of Eighty- fifth street, and for transferring thereto and establishing and maintaining therein its museum, library and collections, and carrying out the objects and purposes of the said Museum of Art. American Masenrn of Natnral His- tory. Sec. 622. The commissioner for the bor- oughs of Manhattan and Richmond is hereby authorized and directed to con- tinue the contract with the American Museum of Natural History for the oc- cupation by it of the building erected, or to be erected, on that portion of the Cen- tral Park formerly known as Manhattan square, and for establishing and main- taining therein its museums, library and collections, and carrying out the objects and purposes of said museum. New York I’ablic Library. Sec. 623. Whenever, pursuant to lawful authority, the land at present occupied by the reservoir at Fifth avenue and For- tieth and Forty-second streets shall be made a public park, and the removal of said reservoir shall have been duly au- thorized and directed, the commissioner for the boroughs of Manhattan and Rich- mond is hereby authorized ar.l directed to make and enter into a contract with the New York public library, Astor, Lenox and Tilden foundations, a corpora- tion 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 maintaining 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 con- solidation between the trustees 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 (hat. such use and occupation shall continue so long as the said the New Vork public library, Astor, Lenox and Tilden founda- tions, or its successors, shall maintain such free public library and reading room upon said land, Xlrooklyu institute of Arts ami Sci- ence*. Sec. 624. The commissioner of the bor- oughs of Brooklyn and Queens is hereby authorized and directed to continue the contract and lease with the Brooklyn In- stitute of Arts and Sciences, for the occu- pation by it of park lands and of a build- ing 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 (he west by the easterly line of land reserved for Prospect Hill reservoir, and In continua- tion thereof, for establishing and main- taining therein its museum, library m.d collections For carrying out the plans and purposes of said institute and for (he maintenance of said museum building or buildings, and for the keeping, preserva- tion and exhibition of collections placed therein, a sum not less than twenty thou- sand dollars shall be appropriated annual- ly by the said City of New York, as con- stituted by this act. New York Botanical Garden. Sec. 625. The commissioner for the bor- ough of The Bronx is hereby authorized and directed to carry out the existing con- tract made by and between the depart- ment of parks of ,oe corporation hereto- fore 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 ar- boretum in Bronx park in The City of New York and to incorporate the Now York botanical garden for carrying on the same,” as amended by chapter one hun- dred 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 Cily of New York. New York /.nnlogicnl Garden. Sec. 626. The commissioner for (he bor- ough 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, aldermen and com- monalty of The City of New York, with the board of managers of the corporation known the the New York Zoological So- ciety, pursuant to the provisions of chap- ter four hundred and thirty-five of the laws of 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 con- tract shall have been entered into prior to the passage of this act. If no such con- tract shall have been entered into by the said department of parks and the said sinking fund commissioners 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 So- ciety allotting and setting apart for the use of said society, a tract of land in Bronx park in said borough of The Bronx upon such terms and conditions as shall bo apnroved by the said commissioner and said sinking fund eomm !o s1 Commissioners; Deputies; Employ- ees; Salaries. Sec. 640. There shall bo a department of li- censes in the city of New York, the head of which shall be called the commissioner of li- censes. who shall be appointed by the mayor. His salary shall be seven thousand five hun- dred dollars a year. The main office of the department shall be located in the borough of Manhattan and branch offices may be located in the other boroughs of the city. The com- missioner of licenses shall appoint two depu- ties, the salaries of said deputies to be fixed in accordance with section fifty-six of the charter. Subject to existing laws, the com- missioner may appoint such employees as may be necessary to perform the duties de- volved upon the department. Officers and em- ployees of any department, board or office of the city, except members of the uniformed force of any department, now performing arty of the functions hereby vested in the depart- ment of licenses, shall be transferred to the said department. Jurisdiction. Sec. 641. The commissioner of licenses shall have cognizance and control of the granting, issuing, transferring, renewing, revoking, sus- pending and canceling: 1. Of all licenses and permits now issued by the mayor pursuant to the code of ordinances of the city. 2. Of all licenses and permits now issued by the bureau of licenses attached to the mayor's office. 3. Of all licenses issued under the provisions of article eleven of the general business law, so far as it applies to the city of New York. 4. Of all licenses in relation to theatres and concerts now issued under the provisions of sections fourteen hundred and seventy-three, fourteen hundred and seventy-four, fourteen hundred and seventy-five and fourteen hun- dred and eighty-three of the Greater New York charter, by the police commissioner. 5. Of all licenses in relation to dance halls and the appointment of inspectors thereof in pursuance of sections fourteen hundred and ninety and fourteen hundred and ninety-four of the Greater New York charter as added thereto by chapter five hundred and forty- seven of the laws of nineteen hundred and ten. The commissioner of licenses is hereby vested with all the powers and functions now exer- cised in relation to licenses by (1) the mayor pursuant to the code of ordinances of the city; (2) by the bureau of licenses attached to the mayor’s affice; (3) by the commissioner of li- censes appointed bfr the mayor under the pro- visions of article eleven of the general business law; (4) by the police commissioner in rela- tion to theatres and concerts; (5) by the mayor or other licensing authority in relation to public dance halls. Except as in this chapter otherwise provided, the previous consent, approval or recommenda- tion of any other department, board, body or office of the city shall not be necessary to the issuance of a license or permit by the com- missioner.— As amended by Laws of 1914, chap. 47?. CHAPTER XIII. PUBLIC CHARITIES. Title 1. Department of Public Chari* ties. Title 2. Bellevue and Allied Hospitals in The City of New York. Title 3. Board of Inebriety. Title 4. Board of Ambulance Servlc*. Eagle Library— TITLE I. DEPARTMENT OK PUBLIC CHARI- TIES. Commissioner of public charities: jurisdiction; salary. See. 63S. The head of the department oi public charities shall be called the commissioner of public charities. The term of office of the members of the board of public charities, except the president thereof, appointed pursuant to the pro- visions of the Greater New York Charter, shall cease and determine on the first day of January, nineteen hundred and two, Rnd the president of the said board of public charities shall thereupon become the commissioner of public charities. The salary of the commissioner of public charities shall be seven thousand five hundred dollars a year. The principal office of the department shall be in the borough of Manhattan. There may be a branch office in each of the other bor- oughs. Rules and regulations ; subordinate ollicers. Sec. 659. The said commissioner shall have power to establish general rules and regulations for the administration of the department and the government of the institutions under its jurisdiction except the Institutions specified in section six hundred and sixty-one of this act, and except as provided in title two of this chapter, and such general rules and reg ulations shall be so far as practicable uniform in all the boroughs. The com- missioner shall have power to appoint and in his discretion remove not more than three deputies, to be known as first deputy, second deputy, and third deputy, and • shall define their duties. The first deputy shall during the absence or dis- ability of the commissioner possess all the powers and perform all the duties of the commissioner except the power of making appointments. In the absence or disability of both the commissioner and the first deputy, the second deputy shall possess all the powers and perform all the duties of the commissioner, except the power of making appointments, in the absence or disability of the commis- sioner and the first and second deputies, the third deputy shall possess all the powers and perform all the duties of the commissioner, except the power of mak- ing appointments. The commmissioner. within the limits of his appropriation, shall have power to appoint and remove subject to the requirements of the civil service law such subordinate officers and assistants as may be necessary for the efficient performance of his duties as said commissioner. — As amended by Chapter 330, Laws 1910. Public Institutions under the juris- diction of tlie commissioner. Sec. 660. The commissioner shal' have jurisdiction over, and it shall be his duty to take charge of and to establish and en- force rules and regulations for all hos- pitals. asylums, almshouses and other in- stitutions belonging to or hereafter ac- quired 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 the island known as Ward’s Island and the buildings and improvements thereon, and the equipment, fixtures and furniture of the asylums for the insane on said island during the continuance of the lease there- of heretofore made by The City of New York to the State of New York, and except the hospitals specified in title two of this chapter and such other institutions as are by law placed under the charge of some other department or board. Such buildings and grounds on Blackwell's Island as are now used for the care of the insane pur- suant to the provisions of chapter two of the laws of eighteen hundred and ninety- six shall, when the insane shall have beer removed therefrom, and the build- THE CHARTER OF THE CITY OF NEW YORK SI ings and grounds, together with the equipments, fixtures and furniture of 'he buildings now leased to the stale by the county of Kings for the care of the in- sane, when said lease expires, shall be under the jurisdiction of '.he commis- sioner of public charities. Payments to private institutions. See. C61. No payments shall be made by the city of New York to any charitable, eleemosynary o 1- reformatory institution wholly or partly under private control, for the care, support, secular education, or maintenance of any child surrendered to such institution, or committed to, re- l ceived or retained therein in ac- cordance with sections six hund- red and sixty-four, six hundied and sixty-five, six hundred and sixty- six and six hundred and sixty-seven of this act. except upon the certificate of Ihe commissioner of public charities that • such child has been received and is re- tained 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 insti- tution for the care, support, secular edu- cation or maintenance of its inmates shall ucc be expended for any other purpose. Wnenever the commissioner shall decide, afiOi reasonable notice to the institution ana a hearing, that any such child as aforesaid who is received and retained in such institution is not a proper charge against the public, and notice of such de- cision in writing is given by him to such institution, thereupon all right on the part of said institution to receive compen- I sat ion from the city for the- further reten- tion of the child shall cease. He shall file in the office of the department a state- ment of :he reasons for his decision and of Ihe facts upon which it is founded, . nd shall furnish a copy to the institution i where Ihe child is detained His decision | may be reviewed on certiorari by the su- I preme court. Powers of tlie commissioner as to destitute and other persons. bee. 6S2. The commissioner of public i charities shall have all the authority con- | eerning the care, custody and disposition of insane, feeble-minded, sick, infirm and , destitute persons heretofore conferred upon the boird of public charities and 1 upon the several commissioners of public j charities and he shall be subject to the ; i same obligations and discharge the sanr- j duties i.i respect to such persons, except in so far as the same are inconsistent ; with or are modified by this act and the amendments thereof. The commissioner shall be the overseer of the poor of The City of New York, as constituted by this , act. Tile commissioner shall not have power lo dispense any form of outdoor relief except as expressly provided in this chapter, but the commissioner shall have power lo 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. The commissioner shall make provision 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 investigation to be a vagrant, to be brought before a mag istrato pursuant to law. Tlie board of estimate and apportionment and the board I of aldermen shall in each year appropriate . i such sum as in their judgment may be I necessary to carry out the provisions of , this section. Classifi cation anil instruction of in mates. (See Code of Ordinances Library.) Sec 663. It shall be the duty of the ; commissioner of public charities tc in- vestigate the circumstances of every per- json admitted to an institution under his charge and of the near relatives of such person. Such investigation shall be made. when practicable, before the admission of such person, aud the results of in- vestigation shall be placed on file and preserved with the records cf the depart- ment. It shall be the duty of the com- missioner to cause all the inmates of public institutions under his charge to be classified so far as practicable. Tlie inmates of the almshouse or almshouses shall be classified at the time of their admission upon the basis of previous character and conduct, but such inmates may be transferred or reclassified in ac- cordance with their conduct in the in- stitution. Every inmate of the alms- house whose age and health will permit shall be employed in cultivating the ground under the control of the commis- sioner, or in manufacturing such articles as may be required for ordinary use in the public institutions under the control of the commisisoncr or for the use of &ny department of Tlie City of New York, or in preparing and building sea walls upon islands or other places belonging to the city, or such mechanical or other labor as shall be found from experience to suit the capacity of the individual. The ar- ticles raised or maufactured by such labor shall be subject to the order of, and shall be placed under the control of the commissioner, and all such articles shall be utilized so far as practicable in the public institutions under the charge of the department of charities or in some other department of the city. All the laud under the jurisdiction of the com- missioner, not otherwise occupied or utilized, aud which is capable of being cultivated, shall in the discretion of said commissioner, be used for agricultural purposes. The commissioner, within the limits of his appropriation, may estab- lish and maintain in the public institu- tions under his charge such schools or classes for the instruction and training of inmates as may in his opinion be de- sirable and the teachers employed to teach the physically and the mentally defective children in institutions subject to the supervision of said commissioner, shall receive the same rate of compen- sation for their services as is now or may hereafter be paid to teachers of similar classes in the public schools of The City of New York. — As amended by Laws 1912, Chapter 445. Powers of the commissioner ns to liestitate anil other children. Sec. 664. The commissioner, or deputy commissioner of public charities shall have power to commit, to indenture, place out, discharge, or transfer any child who may be in his custody, or who may have been placed by him in an institution as a public charge, whenever in his judgment it shall be for the best interests of such child so to do, and he and his successoi'3 in office shall have power to revoke and cancel any such indenture or agreement, and to make contracts for the mainte- nance of any such child, in placing out or indenturing such children the commission- er or his deputy commissioner, may as- sign one or more of his subordinates to make the necessary investigations and hr may employ any duly incorporated chari- table institution or society and may re- imburse such institution or society for any expenses, other than salaries, actual- ly incurred in the placing out, supervision, and transfer if necessary, of children who are public charges. The word institution, whenever used in this chapter, shall in- clude any charitable corporation, one of whose objects is the care of children or the placing of children in families. An institution to which a child has been com- mitted, as herein provided, shall have the authority to place such child in a family, or bind out such child by indenture, or cousunt to his adoption. In indenturing, placing out, transferring or committing at.y such child, the commissioner, or dep- uty commissioner, or any institution or society employed by him shall, when practicable, indenture or place out such child with an individual of the like relig- ious faith as the parents of such child, or 82 Eagle Library-THE CHARTER OF THE CITY OF NEW YORK transfer or commit such child to an insti- tution governed by persons of the same religious faith of the parents of such child. In respect to such minors so com- mitted to or otherwise placed under his charge the commissioner or deputy com- missioner shall have such additional pow- ers as were on the first day of January, eighteen hundred and ninety-eight, vested by law in the corresponding officers of the corporation known as the mayor, alder- men and commonalty of The City of New York, of the corporation known as the; city of Brooklyn, and the counties of Kings, Richmond and Queens mentioned in section six hundred and sixty-two of this act. The commissioner or his deputy commissioner shall not commit children to any institution which shall have been certified by the State Board of Charities to have faileu to comply with the rules and regulations established by that board pursuant to section fourteen of article eight of the constitution, nor shall he commit any child to any institution not situated in The City of New York unless such institution shall have been certified by said board to be properly protected from fire and other dangers. — As amended by Laws of 1905, chapter 187. Notice of commitment of children. Sec. 665. Whenever any child, actually or apparently, under the age of sixteen years, is brought before auy court or mag- istrate in The City of New York, as con- stituted by this act. pursuant to section eight hundred and eighty-eight of the code of criminal proceedure, or is found destitute of means of support the magis- trate presiding, or court before whom or which such child is brought shall thereup- on fix a day not more than five days dis- tant for the hearing and final disposi- tion of the charge against said child, and shall, at the same time, in addition to such other notices as may be required by law, give notice, in writing, of such ar- rest to the commissioner of public chari- ties and to the Society for the Prevention I of Cruelty to Children duly authorized to carry on its work in the county in which said arrest is made, which notice shall state the name of the child. Its age, either actual or apparent, its sex. color, birth- place, 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 wit- ness, if any there be. And such court or magistrate may temporarily commit such child to the custody and care of an In- stitution" to which said court or magistrate Is authorized by law to make final com- | mitmen t. Children committed as public charges; investigation. Sec. 666. The commissioner may ap- pear either by clerk or by counsel on all hearings or proceedings for the commit- ment of children. He shall investigate the circumstances of their relatives, whose duty it is to relieve and maintain them, and shall on or before the final hearing therein, file with the court or magis- trate a statement in writing of such ♦’art or facts as in the opinion of the commissioner render it proDer or im- proper that such child should be supported as £ public charge at the expense of tho 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 Bueh child. Omission or failure to file such statement shali not be ground for delaying the final decision. Term of commitment of children: discharge. Sec. 667. The term of commitment of each child committed in the city of New i York, as constituted by this act, titfder any of the provisions of sections six hun- dred 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 oj until it shall he duly indentured or placed out as an apprentice by the institution to which i! shall have been committed or until it sliall be given over in adoption by said institution to some suitable person, or until returned to its parents, relatives, or guardians, or otherwise discharged, ex- cept that such child may be committed to an institution caring for inmates of like religious belief and giving it manual or industrial training until it shall attain the age of eighteen years, provided the state board of charities shall certify that the equipment and training at such in- stitution are sufficient and satisfactory. Each institution mentioned in section six hundred and sixty-one of this act, shall file with the commissioner at the end of every three months a list of all the chil- dren referred to in sections six hundred and sixty-one, six hundred and sixty-four, six hundred and sixty-five and six hun- dred and sixty-six of this act, received by or discharged from said institution dur- ing tho month, which list shall contain the names and residence of the parents and guardians of the children as far as known. Every such institution shall keep a book in which it shall cause to be en- tered the name and address of each pa- rent, relative or other person visiting an inmate of such institution who is in whole or in part a charge upon The City of New York, and such name and address shall be entered upon the occasion of each visit by any such person. — As amended by Laws 1909, Chapter 348. Saving clause as to certain exist- ing laws. Sec. 668. Nothing contained in the fore- going sections shall be construed 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 hundred and ninety- two, or of chapter three hundred and fifty-three of the laws of eighteen hun- dred and eighty-six. Record of inmales of institntions. Sec. 669. It shall be the duty of the commissioner of public charities to keep and preserve a proper record of all per- sons who shall come under his care or custody and of the disposition made of such persons, with full particulars as to the name, age, sex, color and nativity of each, and in case of minors the names and residence of parents and their relig- ious faith so far as ascertained, and the religious faith and residence of the per- sons 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 agreement executed by such commis- sioner. And it shall also be the duty of the said commissioner to keep and preserve such records of all persons who are inmates of private institutions who are accepted by him as proper charges upon the city. Temporary care in accident cases. Sec. 670. Any person injured or taken sick on the streets or in any public place with said city, who may not be safely re- moved to his or her home, may be sent to and shall be received in any public 1 hospital within said city , for temporary : care and treatment, irre spective of hia | or her place of residence Temporary care of insane. Sec. 671. The commissioner shall pro- vide and maintain as may be necessary suitable rooms or wards for the recep- tion. medical examination and temporary care of persons alleged to be insane for i the boroughs other than Manhattan and The Bronx. Alteration and repair of hnilding. Sec. 672. The commissioner whenever the increase of inmates in or the proper care and government of the public insti- tutions or establishments under his juris- diction shall in his judgment render it necessary or expedient, shall have power provided an appropriation has been made i therefor to enlarge or alter the buildings occupied by such institution or establish- ments or any of them, and to make all needful repairs to buildings and property under his control. Potter’* field; power to establish crematories. Sec. 673. The commissioner shall have charge of the Potter's Fields, and shall, when the necessity therefor shall arise, have power to lay out additional Potter’s Fields or other public burial place for the poor and strangers, and from time to time to enclose and extend the same, to make enclosures therein and to build vaults therein, and to provide all neces- sary labor therefor and for Interments therein. Provided, however, that the Potter’s Field on Hart's Island shall re- main under the control of the depart- ment of correction, and the burial of deceased paupers therein shall continue under rules and regulations as provided in section six hundred and ninety-five of this act. The commissioner of public charities and the commissioner of cor- rection are respectfully empowered to cause to be cremated the bodies of de- ceased paupers and criminals where rela- tives do not object to such cremation; and the board of estimate and apportion- ment, with the approval of the board of aldermen, may cause to be erected anl equipped With proper facilities for such cremation. Account*; annual estimates; ex- penditures. Sec. 674. The 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 ex- pended. The 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, which 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 departments of the city. The commissioner shall incur no expense for any purpose in excess of the amount ap- propriated therefor; nor shall he expend any money so appropriated for any pur- pose other than that for which it was appropriated. Advertisement* for *npplies. Sec. 675. The commissioner of public charities shall from time to time, and if it 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 relict and support of the poor of the city, anf which cannot be supplied by his depart- ment or by the department of correction, and shall award contracts for the same to the lowest bidders, who shall give adequate security for the faithful per- formance of such contracts. In case of an emergency or in the purchase of per- ishable articles the commissioner may purchase without calling for competition at a total expense not exceeding three thousand dollars during any cue month. The commissioner shall in tiie case of each such nurchasi' enter in a nook to bo kept for that purpose, a detailed state- ment of the facts which render purchase by contract impracticable. Expenditures for the relief of the blind. Sec. 67 6. The commissioner is here- by authorized and empowered to insert in his annual estimate of expenditures an item of expenditure for the relief of the poor adult blind not to exceed in all one hundred and fifty thousand dollars. The commissioner shall dis- tribute the sum so appropriated each year in uniform sums not to exceed one hundred dollars to each person, to such poor adult blind person-, not Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 83 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 previ- ous to the date of application for such relief. Such distribution shall be made In semi-annual payments within ten days after the first day of July and De- cember, respectively. To provide the commissioner of publ'c charities with additional funds, if any are needed, for paying dur- ing the current year the increased allowances created by this act, the comptroller of said city may, when so directed by the board of estimate and apportionment of said city, issue and sell certificates of indebtedness. [As amended by Laws of 1913, chap. 299.] Detail of inmates of correctional institutions to work in depart- ment. Sec. 677. The commissioner may, from time to time, in his discretion, request the department of correction to detail and designate inmates of the correctional in- stitutions of the city to perform necessary work, labor and services in and upon the grounds and buildings which are under the charge of the said commissioner, and such inmates of such correctional institu- tions when so employed shall at all times be under the personal oversight and di- rection of a keeper or keeper., from such correctional institutions as the depart- ment of correction may deem necessary; but no inmate of any correctional institu- tion shall be employed in any capacity whatever in any ward of any hospital un- der the jurisdiction of the department of public charities while such ward is being used for hospital purposes. The provisions of this section shall not be construed to limit the power of said commissioner to make requisition upon the commissioner of correction as provided by section seven hundred and one of this act. Care of non-residents in city hos- pitals. (See Code of Ordinances Library.) Sec. 678. The commissioner of public charities is hereby authorized in his dis- cretion to permit the reception and treat- ment in hospitals under his jurisdiction of persons who do not reside in The City of New Y k, provided that every person so receiving treatment shall be required to pay such sum for board and attendance as may be fixed by such commissioner, and provided that no such persons shall be re- ceived to the exclusion of patients who re- side in said city. 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. The commissioner shall upon making such payments to the chamberlain report the same to the comp- troller of The City of New York. rteqnlnitlons of subordinate officers. Sec. 679. Each superintendent, warden or chief officer of every institution under the charge of the commissioner shall make his requisition in writing on the commissioner for all articles deemed necessary by tho said officer to be used in the respective institutions under his charge, and shall keep an accurate ac- count of the same. Reports of subordinates officers. Sec. 680. Each such superintendent, war- den or other chief officer of every insti- tution under the charge of the commis- sioner shall once in each week report in writing to the commissioner the number of persons who have been received or transferred, who are sick, who have died, and who are remaining in the respective institutions under his charge, the disci- pline which has been maintained therein ihe punishments imposed, and the quanti- ty and kind of labor performed, and such other information as the commissioner may reuuire. Sec. CS1. Repealed by Act of 1901, Honrs of labor; discipline. (See Code of Ordinances Library.) Sec. 682. The hours of labor required of any pauper or other person committed to or placed under the charge of the commis- sioner of public charities shall be fixed by the commissioner. 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 insubordina- tion or violation to the commissioner, who may thereupon direct the punishment of sucli pauper by solitary confinement and by being fed on bread and water only for such length of time as he may con- sider necessary. Ir. case any pauper shall neglect to perform the work assigned to him or her, or be guilty of any such viola- tion 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 workhouse or penitentiary as a dis- orderly person. Concerning the support of poor per- iions by relatives- Sec. 683. The grandparents, parents, lildren and grandchildren of sufficient ability, of a poor person who is insane, blind, old, lame, impotent or decrepit, so as t > be unable by work to maintain him- self, and the grandparents and parents of a desitute child, must at their own charge eerelieve and maintain him in the manner to be approved by the commissioner. If the relative of a poor person of sufficient ability fails to maintain and relieve him, as in this section provided, the said com- missioner may apply to any city magis- trate, or any court of record having juris- diction of the defendant, for an order to compel such relief, and the proceedings to be taken to make such an order, and the enforcement thereof, shall be the same ard in like manner as those provided in section six hundred and eighty-five and six hundred and eighty-six of chapter four hundred and sixty-six of the laws of nine- teen hundred and one. — As amended by Laws 1904, Chapter 362. Conduct of bastardy proceedings. Sec. 684. All bastardy proceedings shall be conducted by and in the name of the commissioner, 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 mother, and shall be accounted for by him in a manner ap- proved by the comptroller. The commis- sioner shall have authority to compromise bastardy and abandonment cases. Maintenance of abandoned wives and children. Sec. 683. Every person In the city of New York, as constituted by this act, who actually abandons his wife or children without ade- quate support, or leaves them or either’ of them, in danger of becoming a burden upon the public, or who neglects to provide for them, or either of them, according to his means, or who threatens to leave his wife and children without adequate support or in danger of be- coming a burden upon the public, or who shall have abandoned his wife and children, or either, in any other place and is found in the city of New York, when his wife and children, or cither, are residents thereof and are without adequate support, or in danger of becoming a burden upon the public, or who. by reason of his conduct, or of his cruel or inhuman treat- ment. or by reason of his neglect or refusal to provide for his wife and children, or either, with the necessaries of life, renders it unsafe, improper or impossible for them to live with him, by reason of which they are without ade- quate support, or in danger of becoming a burden upon the public, is hereby declared a disorderly person. Upon a complaint made under oath to him against a person as being disorderly, a city magistrate presiding in the domestic relations court for the boroughs of Manhattan and the Bronx and the borough of Brooklyn, and in the other boroughs of the city of New York to a city magistrate thereof presiding in any city magistrate's court therein may issue a warrant for the arrest of the defendant, or. in his dis- cretion, a summons In the form prescribed by section eighty-two of chapter six hundred and fifty-nine of the laws of nineteen hundred and ten, said summons to be served as by said magistrate directed, including mail service, and who, upon his arrest or appearance, shall be arraigned in the manner provided by law. No warrant or summons shall be issued except up- on the application of the commissioner of pub- lic charities, unless for good cause shown the magistrate may issue same if in his discretion he deems It proper so to do. And if thereupon it shall appear by the con- fession of the defendant or by competent testi- mony that he is a disorderly person, the said magistrate shall make an order specifying a fair and reasonable sum of money, according to his financial ability, to be paid weekly for the space of one year thereafter by such ae- fendant to the commissioner of public chari- ties for the support of his wife or children, or either of them and may require him to give security by a written undertaking, with one or more sureties, approved by the magistrate to that effect. But in lieu of said undertaking, the said defendant may deposit with the cleric of the said court the amount thereof in cash. Said magistrate shall have full power and au- thority to administer the oath to said principal and surety in said undertaking as to the truth of the statements therein and any justification or statement attached thereto or accompanying the same, and full power and authority to take acknowledgments thereto of any of the par- ties to the same with like power and effect as if sworn to and acknowledged before a notary public in the county wherein the same may be taken or acknowledged. Any magistrate of the city of New York shall have power to take the security aforesaid with like power and au- thority as if he made the order aforesaid. The wife and children, or either of them, are hereby declared to be the primary bene- ficiaries of the order, and evidence that they are without means shall be presumptive proof of their liability to become a charge upon the public. Upon the trial of the hearing of all com- plaints under this section, the wife shall be a competent witness therein against her husband as to all matters embraced in said complaint. If a summons be directed to be served by mail by said magistrate, and the party sum- moned fails to appear, no further proceedings shall be had against said party summoned by mail, until said party is brought into court by warrant or otherwise, or unless he appears in person or by an attorney or counsellor-at-law in said proceeding. But nothing in this chapter shall apply to or affect an order for the payment of money for the support of a child in an institution, pursu- ant to the provisions of section four hundred and eighty-two of the penal law or of section nine hundred and twenty-one of the code of criminal procedure.— As amended by Laws of 1914, chap. 457. Orders and commitments In aban- donment proceedings; surety. Sec. 6S6. If the undertaking be given, or the cash deposited, the defendant must be dis- charged. But if not, the city magistrate must convict him as a disorderly person and must make up and sign with his title of office, and file in the office of the clerk of the county in which such conviction is had, a record of the conviction of such offender as a disorderly person, specifying generally the nature and circumstances of the offense and the name of the witnesses by whom it has been established, and shall by a warrant of commitment signed by him with his title of office commit the defendant to the work- house of the city of New York, and to the city prison or jail in the borough where the conviction is had pending his transfer to said workhouse, if necessary, there to remain for a term not exceeding six months in any year, or until he shall give the security pre- scribed in section six hundred and eighty-five or is discharged according to law. But the magistrate may. in his discretion, place the defendant on probation in accordance with the - provisions of chapter six hundred and fifty-nine of the laws of nineteen hundred and ten Or said magistrate, in his discretion, shall have power to place said defendant on probation for such time as said magistrate may deem proper, not longer, however, than one year, conditioned that said defendant shall support his said wife and children, or either of them, for such period in a way and manner directed to be done by said magistrate, regard being had to the financial ccndition and means of livelihood of said defendant. Further, upon the consent cf the defendant, the said magis- trate may, before or after conviction as afore- said, place the defendant for a period aggre- gaing not more than one year, under the over- sight of a probation officer and adjourn the said proceedings from time to time upon con- ditions and terms by him deemed proper and meet for the proper support of said wife and children, or either; or may cause the person summoned or arraigned to give an under- taking to the commissioner of public charities of the city of New York for not exceeding one year, with or without surety, in a sum fixed by said magistrate. The condition of such bond shall tie that if the obligor shall pay the amount ordered to be paid by said magistrate for the maintenance of said wife, child or children as directed, then said obligation shall be void; otherwise, to remain in full force and virtue. The magistrate making the order, or the magistrate sitting in the court where the order was made, may, at any time thereafter, upon due notice to the parties, either upoq their 84 Eagle Library — THE CHARTER OF THE CITY OF NEW YORK consent, or for good cause shown, vacate or modify the order and judgment, and may. If the defendant be imprisoned, either dis- charge the defendant absolutely, or place him on probation; or, if the defendant be not im- prisoned, may cancel any bond or undertaking Riven therein.— As amended by Laws of 1914, chap. 463. Actions on bonds in abandonment proceedings. See. 687. Every action brought upon any undertaking given in an abandonment proceeding shall be brought in the name of the commissioner of public charities and in such action it shall not be neces- sary to prove the actual payment of money by the commissioner of public charities, but the neglect to pay the sum ordered to be paid by competent author- ity for the support of the wife or chil- dren shall be a breach of the under- taking and the measure of damages shall be the sum ordered to be paid and which was withheld at the time of the com- mencement of the action with interest taking or bond, together with a certified copy of the order of the court forfeiting the same, and thereupon the said clerk shall docket the same in the book kept by him for the docketing of judgments, transcripts whereof are filed with him as such clerk, as if the same was the tran- script of a judgment directed for the amount of the nenalty, and the undertak- ing or bond and a certified copy of the order forfeiting the same shall be the judgment record; such judgment shall in good faith be a lien on the real estate of the persons entering into such undertak- ing or bond against the estate of the per- sons entering into such undertaking or bond, from the time of filing said under- taking or bond and a copy of the order and docketing the same, as in this section directed; an execution may be issued to collect the amount of said undertaking or ; bond in the same forms as upon a judg- ment recovered in any court of record in said counties, respectively, in an action thereon; after the recovery of damages or the commencement of an action, an- other action may, in the same manner be brought for further breach of the undertaking and all moneys recovered in any action shall be paid to the commis- sioner to be by him expended for the support of the wife and children, or either or any of them, of the person against whom the order provided for in section six hundred and eighty-five of this act shall have been made and provided, how- ever. that a surety on an undertaking, given to secure the payment of money for the support of the wife or children may at any time surrender the defend- ant to the court or magistrate who made the final order, or to the domestic rela- tions courts in the boroughs of Manhat- tan and the Bronx and the borough of Brooklyn where the order was made by a magistrate sitting in said boroughs respectively, who shall hold him subject to and as provided in the final order until another undertaking is given as in said final order provided, and said surety shall be relieved of any damages upon the undertaking except the sum or- dered to be paid and which was with- held at the time of such surrender with interest thereon. If the person charged with the offenses hereinbefore recited be admitted to bail, for his future ap- pearance the condition of the undertak- ing shall be for the future appearance of the defendant according to the terms of the undertaking, or that the surety will pay to the commissioner of public chari- ties a specified sum in the event of such failure to appear. Instead of entering into such an undertaking, a defendant [ may deposit a sum of money in the man- ner provided by section seventy-six of chapter six hundred and fifty-nine of the laws of the year nineteen hundred and ten, and by him to be paid to the com- missioner of public charities in case the defendant fails to appear, to be by said commissioner applied for the benefit of said wife, child or children as it may be necessary. 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 de- i posited, then the said magistrate shall I enter the fact of such person's non-ap- pearance upon the minutes and the un- dertaking for his appearance, or the money deposited in lieu thereof, shall j thereupon be forfeited.— As amended by Laws of 1912, Chapter 451. Recoveries in abandonment, neglect to provide, relieve and maintain pro- ceedings. Sec. 688. Upon the forfeiture of an un- dertaking or bond given in an abandon- ment or neglect to support proceedings as provided in the foregoing sections, the corporation counsel of the city of New York, acting for and in behalf of the com- missioner of public charities of said city, shall cause to be filed in the office of the clerk of the respective counties of The City of New York in which said undertaking •r bond may have been taken said under- : of debt in favor of the commissioner aforesaid. The amount recovered on said undertaking or bond and judgment afore- said shall be applied and expended for the support of the wife and children, or either or ar.y of them, of the person charged with the offenses hereinbefore recited or either or any of such offenses, and when any money has been deposited instead of bail and which shall have been forfeited as hereinbefore provided, said money shall be paid to the commissioner, by the per- son with whom the said sum of money is deposited, upon presenting to him a cer- tificate from the city magistrate who made the order of forfeiture certifying to the forfeiture thereof, which said cer- tificate shall state the name of the person making the deposit, when it is made, the name of the defendant, and that the said sum of money was forfeited on account of the defendant’s failure to appear as di- rected, and shall be signed by said mag- istrate. — As amended by Laws 1912, Chap- ter 418. Appeals in abandonment proceed- ings; costs. Sec. 6S9. An appeal to the court of general sessions may be taken from a conviction be- fore a city magistrate under this chapter within the county of New York, or to the county court in any other county within the city of New Y'ork, which said appeal shall be conducted 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 suclt sureties as he may approve, that the de- fendant will abide tile judgment of the ap- nellate court upon the appeal, and will pay all costs which may be awarded against him. and except that all notices required by said j code of criminal procedure to be served upon ! the district attorney upon such appeal shall ; be served upon the commissioner of public charities, and the commissioner may appear j by counsel upon the hearing of such appeal. No appeal taken by. a defendant from an order of any city magistrate, directing pay- ! ment of any moneys for the support of said j defendant’s wife or children, shall operate as! a stay of proceedings in respect to said order, ! unless in addition to the undertaking pro- vided for herein, said appellant shall deposit with the commissioner of public charities the sum of one hundred dollars in cash, which sum may be applied for the support of said wife or children respectively during said ap- peal. or he shall give sufficient surety by a written undertaking approved by the judge i of the appellate court that, during the pend- ency of said apneal. he will pay the amount directed to be paid by said magistrate, which cash so deposited, or said undertaking so given as aforesaid shall he in addition to the security by undertaking required to be given by the sections o f the criminal code herein- after referred tc. The court, in its discretion, may award costs to the party in whose favor the appeal j is determined, as follows: To the appellant | upon reversal, thirty dollars: to the respond- ent upon affirmance, twenty-five dollars. ■ When awarded to the appellant they must j be paid by the controller of the city of New i York, upon the delivery to him of a certified copy of the order of reversal, and must be charged to the contingent account fund of the commissioner of public charities. When awarded to the respondent the payment may \ be enforced as in a civil action, and in att i action brought therefor against the sureties upon t lie undertaking given upon the allow- ance of the appeal, the production of a certi- fied copy of the order of affirmance shall he conclusive evidence. If a new trill be or- dered it must be had in the court from which the appeal was taken. An appeal to the court of general session! may be taken in abandonment proceeding on behalf of the complainant by the commis- sioner of public charities in bis own name, from a decision or judgment of a city magis- trate under this chapter, within the county of New York, as constituted by this act. For the purpose of appealing the commis- sioner must within sixty days after such de- cision or judgment make an affidavit recit- ing the alleged errors in the proceeding in which the decision or judgment was rendered, and must within that time present to the county judge of the county where the pro- ceeding was brought or to a justice of th» supreme court in that department, and ap- ply thereon for an allowance of the appeal. If, in the opinion of the judge or justice be- fore whom the affidavit is submitted, it is proper that the questions set forth in the affidavit should be decided by the appellate court, the judge or justice must endorse upon the affidavit an allowance of an appeal to the court to which the appeal may be taken as aforesaid and the commissioner must within five days thereafter serve a copy of such affidavit upon which the appeal was granted, together with a notice that the same has been allowed, upon the defendant in the abandonment proceeding or upon the attorney or counsel who last appeared for the de- fendant therein. Sections seven hundred and fifty-five, seven hundred and fifty-six. seven hundred and fifty-seven and seven hundred and fifty-eight of the code of criminal procedure shall apply to the appeal herein provided. The appeal may be brought to argument by the commissioner or the defendant upon ten days' notice to the opposite party, to be served personally on the commissioner, or either personally upon the defendant or per- sonally upon the attorney who last appeared for ihe defendant. The appeal shall bo heard and disposed of in the manner provided by sections seven hundred and sixty-three, seven hundred and sixty-four, seven hundred and sixty-five, seven bundled and sixty-six and seven hun- dred and sixty-nine of the code of crim- inal procedure, except that if a new trial be ordered it shall be had in the court from which the appeal was taken, and. pending such new trial, the judge shall issue a war- rant for the arrest of the defendant, and may hold him to bail as upon an indictment. If the judgment on the appeal be against the complainant, the commissioner may ap- peal therefrom to the appellate division of the supreme court in the same manner as the i defendant. Upon an appeal taken by the commissioner of public charities no costs shall be awarded to either party.— As amended by Laws of 1914, chap. 462. When new security may he required after an order in abandonment pro- ceedings. Sec. 690. After an undertaking has been given by the defendant in abandon- ment proceedings as prescribed in sec- tion six hundred and eighty-five and sec- tion six hundred and eighty-six, upon proof by affidavit by the commissioner ot public charities that he has caused diligent efforts to be made to serve per- sonally upon a surety upon such under- taking a summons in an action brought thereon for a default in the terms there- of, but has been unable to effect service upon such surety; or that a recovery cannot be had thereon; or that the judg- ment obtained upon such such under- taking remains wholly unsatisfied and unpaid; or that a surety has been ad- judged a bankrupt, the city magistrate then sitting in the court in which such undertaking was given, or in the bor- oughs of Manhattan and the Bronx, and the borough of Brooklyn, the magistrate sitting in the domestic relation courts in said boroughs respectively where the final order was made by a magistrate sitting in said boroughs respectively, may issue a warrant for the arrest of the de- fendant in whose behalf the undertaking was given, and require him to give new security, or in default thereof may com- mit him, under the original order, in the manner prescribed in section six hun- dred and eighty-six; provided, however, that the total imprisonment upon such order shail not exceed six months in any year. — As amended by Laws of 1910, Chapter 421. Support of bastard children. Sec. 691. If at any time after an order of filiation in bastardy proceedings shall have been made, and an undertaking given thereon, in accordance with ihe provisions of this act and of the code ol Eagle Library— THE CHARTER OF THE CITY OF NEW VORK 85 criminal procedure such undertaking shall not be complied with, or that for any reason a recovery thereon cannot be had, or if the original undertaking shall have been complied with, and the sure- ties discharged therefrom, or if money were deposited in lieu of bail, and the same shall have been exhausted, and the bastard of any county, city or town, or the commissioner of public charities, where the bastard, for whose support the order of filiation was made, shall be at the time, may, upon proof of the makin of the order of filiation, the giving of the above mentioned undertaking, and the noncompliance therewith, or that the sureties have been discharged from their liability, or that for any reason a re- covery cannot be had on such undertak- ing, apply to the court in such county, city or town, having jurisdiction in bas- tardy proceedings, for a warrant for the arrest of the defendants against whom such order of filiation was made, which shall be executed in the manner provided In the code of criminal procedure for the execution of the warrant; upon the ar- rest and arraignment of the defendant the said court, upon proof of the making of the order of filiation, the giving of the above mentioned undertaking, and the non-compliance therewith, or that for any reason a recovery cannot be had on such undertaking, shall make an or- der requiring him to give a new under- taking in the manner provided in subdi- vision one of section eight hundred and fifty-one of the code of criminal proced- ure for giving an undertaking on convic- tion, or upon his failure to so give a new undertaking, shall commit him in the manner provided in section eight hundred and fifty-two of said code of criminal procedure, — As amended by Laws 1904. Chapter 362. Establishment of 1(J, Chap. 401;. Transfer of inmates to Riker's is- land anti Hart's island. Sec. 696. The commissioner, whenever, in his judgment, it is expedient and prac- ticable to do so, may cause to be removed to Riker’s island, and in case Hart’s isl- and 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 cf the work- house and of the penitentiary on Black- well’s island: and he may direct such re- movals 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 con- sequence of such removals or otherwise any of the buildings theretofore occupied , or used for said workhouse or peniten- ’ tiary shall have become vacant, such building or buildings, with the grounds thereto appertaining, shall be transferred to the department of public charities. And | whenever any of the said buildings or 1 grounds shall have been so transferred, the commissioner of correction sh nil 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 de- partment of public charities of The City of New York, and shall be under the jurisdiction of the commissioner of chari- ties. Powers of commissioner over crim- inals ami misdemeanants. Sec. 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 on the thirty-first day [ of December, eighteen hundred and nine- ty-seven, and he shall discharge the same duties and be subject to the same obliga- tions in respect to such persons as the said commissioner and board respectively, except in so far as the same are incon- siste"t with or are modified by this act. The commissioner shall have no authority and be subject to no obligation in respect te any destitute person not charged w‘tl> or convicted of crime or misdemeanor (See Code of Ordinances Library.) Section 698, repealed by Chapter 659, Laws 1910. Inferior Criminal Courts Act, to be found in back of this book. Records of Inmates of tnstltntlons, (See Code of Ordinances Library.) Sec. 699. It shall be the duty of the commissioner to keep and preserve a r:or?r reterd cf all persons who shall 88 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 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, togethe- with a statement of the cause and length of detention of each such person. Such record shall be sup- plementary to and shall be kept sepa- rate from the records required to be kept by section seren hundred and nine of this act. Ibmployinent of initiates; articles manufactured; cultivation of lands. (See Code cf Ordinances Library.) Sec. TOO. Every inmate of an institu- tion under the charge of the commis- sioner, whose age and health will per- mit, shall be employed in quarrying or cutting stone, or in cultivating land un- der the control of the commissioner, or iD manufacturing such articles as may be required for ordinary use in the in- stitutions under the control of the com- missioner, or for the use of any depart- ment m The City of New York, or in pre- paring and building sea walls upon is- lands or other places belonging to The City of New York upon which public in- stitutions now a>-e or may hereafter he erected, or in public works carried on by any department of the city, or at such mechanical or other labor as shall he found from experience to be suited to the capacity of the individual. The articles raised or manufactured by such labor 6hall be subject to the order of and shall he placed under the control of the com- missioner. 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 com- missioner not otherwise occupied or util- ized, arul which are callable of cultivation shrill in the discretion of the commis- sioner be used for agricultural purposes. Detail of inmates to work in other (lepn rtments. (Sec Cede cf Ordinances Library.) Sec. 701. At the request of any of the heads of the administrative departments of The City of New York (who are hereby empowered to make such request) the | commissioner of correction may detail and designate any inmate or inmates of any of the institutions in the department of correction to perform work, labor and services in and upon the grounds and building or in and upon any public work or improvement under the charge of such j other department. And such inmates ) when so employed shall at all times be under the personal oversight and direc- tion of a keeper or keepers from the de- partment of correction, but no inmate of any correctional institution shall be em- j ployed in any ward of any hospital, ex- ! r-ept. hospitals in penal institutions, while such ward is being used for hospital pur- poses. The provisions of this act or of i law requiring advertisement for bids or proposals, or the awarding of contracts, j for work to be done or supplies to be furnished for any of said departments shell not be applicable to public work which may be done or to the sui plies which may be furnished under the pro- visions of the prison law. Honrs of labor; discipline. (See Code of Ordinances Library.) Sec. 702. The hours of l-bor required of any inmate of any institution under the charge of the commiss oner shall be fixed by the commissioner. In case any person cop.hnod in any institution in the department shall neglect or refuse ro perform the work allotted to him by the officer in charge of such institution, or shall wilfully violate the rules and regu- lations established by the commissioner or resist and disobey any lawful com- mand, or in case any such person shall offer violence to any such officer or to any other prisoner, or shall do or at- tempt to do any injury to such institu- tion or the appurtenances thereof or any property therein, or shall attempt to es- cape, 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 suite' le means to defend themselves, to enforce disci- pline, to secure the persons of the of- fenders and to prevent any such attempt to- escape, and it shall ho the duty of the officer in charge of such institution in which sucli person or persons is or are confined to punish him cr them by soli- tary confinement, and by being fed on bread and water only, for such length of time as may be considered necessary: but no other form of punishment shall be im- posed, and no officers of any such nsti- tution 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, ft shall he the duty of such physician to visit the person so confined and to examine daily into the state of his health until he shall he released from solitary confinement and return to labor, and to report to the commissioner and to the officer to charge of such institution whenever in his judg- ment the health of the prisoner shall re- quire that he should be released. fcooniits; annual estimate; evpenili- ( n res. Sec. 703. The 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 pur- poses for which they are expended. Th» commissioner shall, on or before the first day of September in each year, prepare an itemized estimate of the necessarv ex- penses of the department for the ensuing fiscal year, which estimate shall consti- tute the annual estimate of the depart- ment of correction, and shall be submitted to the board of estimate and apportion- ment within the time prescribed by this act for the submission of estimates from the several departments of the ritv. He shall incur no expensp for any purpose in excess of the amount appropriated therefor, nor shall he expend any money so appropriated for any purpose other man that for which it was appropriated. Advertisements for supplies. Sqc. 704. The commissioner shall from time to time, as may be necessary, adver- tise in the City Record and the corpora- tion n vspapers, lor not less than ten days, for,, proposals for all such articles and supplies (excepting perishable arti- cles) as shall be necessary to be used in and fer the institutions in the depart- ment, excent such as the department it- self can produce by the labor of the in- mates of institutions, and shall award contracts for the same to the lowest re- sponsible bidders who shall give adequate security for the faithful performance of such contracts. In case of an emergency the commissioner may purchase article.-; immediately required without calling for competition, bet the amount expended by the commissio-w r for articles so require 1 or for perishable articles shall not exceed the sum of two thousand dollars curing any one month. Uecjnisitions and reports of snirar- dinafe olficers. .Sec. 705 Each superintendent, warden, or other chief officer of any institution under the charge cf the commissioner shall make his requisitions in wr-.ing umm the commissioner for all articles deemed necessary bv the said officer to lie used in the institution or institutions under his charge, and shall keep an ac- curate account of the same It shall also he the duty of ^ach such superintendent, I warden or other chief officer to report, once in each week to the commissioner the number of persons who have been received, discharged or transferred, who have become sick or who have died, and the number remaining in the respective institutions under their charge, the dis- cipline which has been maintained, and I the quantity and kind of labor performed, and such other information as the com- missioner requires. Colled ion of fines. Sec. 706. The department of correction is hereby authorized to demand and re- ceive fines imnosed for intoxication and disorderly conduct in The City of New York as constituted by this act in the manner and for the purposes now pre- scribed by taw. Secs. 707. 707-a, 708, 710 and 711 re* pealed by Chapter 659, Laws of 1910. Kceoi-il of persons committed. See. 709. it shall be the duty of the commissioner to keep a book or book3, card index or other register in which shall be properly recorded the names of all persons, whose commitments have been certified to him as required by sec- tion seven hundred and eight of this act, and all other facts which shall be cer- tified to him as herein required by the superintendent, warden or shoriff having charge of the institution to which such person shall have been committed. Such book or books, index or register, are hereby declared to be public records and shall be ope i to public inspection, and shall ho indexed and kept so as to show whether any person whose commitments have been so certified to him have been previously committed within two years next preceding such commitment for any of the causes herein specified. — As amend- ed by laws 1905, Chapter 638. Transfer of inmates by eraimis- sioner. Sec. 712. The commissioner may trans- fer and commit and cause to be trans ferred and committed from the work- house to the city prison, or to either of the penitentiaries or to any other of the institutions in the department, any per- son committed to the workhouse under section seven hundred and seven of this act, whenever such transfer shall be necessary for the proper care and man- agement of such city prison, peniten- tiaries or other institution or for the proper employment of such person. The commissioner may also transfer and com- mit and cause to be transferred from the workhouse to the city prison or said penitentiaries any person committed to the workhouse under section seven hun- dred and seven of this art, whenever, by reason of the number of offenders act- ually detained in such workhouse at any time there shall not be accommodation therein for all the persons committed thereto; and in like manner the commis- sioner may in his discretion transfer prisoners from one penitentiary to an- other penitentiary within the department or from one district prison to another district prison within the department. The ' .mm’ssioner may also transfer -"'d commit o.- cause to be transferred and committed from the c>ty orison or either of sn'd penitentiaries to the workhouse to be detained and employed therein any person who shall have been duly com- mitted thereto. Yew York C*ty penitentiary, work- house anil reformatory for niisile- men limits. See. 7!_-a. 'the commissioner of ccrreclirn of the citv of .Yew York may designate any in- stitution or portion thereof, under his jurisdic- tion. os a part of the New York city peniten- tiary. or of the New York, city worl;hous°, or of -the New York city reformatory for m'sde- nieannnts. wherein persons sentenced to the penitentiary, the workhouse and the reform- ator> may he confined immediately thereafter for not more, titan thirty days for the pur- poses of observation arid classification. He mar designate any institution or portion thi re- of ttnder his jurisdiction as a part of tile New York city workhouse for the confinement of j persons sentenced to such workhouse for not I more than ten days. The commissioner may also designate Die city prison in the borough of Queens or a portion thereof as a part of the New York city penitentiary for the con- finement of female prisoners only. Sheriffs or other officers charged with the transpor- lation of persons committed to such peniten- tiary, workhouse or reformatory shall deliver them to such part thereof as may be directed h.v tlic commissioner;— Added by Laws ul 11UU, Chap. 52C. __ Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 8H ’ Alteration anil repair of lmil dinprs. Sec. 713. Whenever the increase of in- mates in or the proper care and jrovern- meat 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 build- ing or buildings occupied by such insti- tutions: and he shall also have power to make all needful repairs to such buildings and the appurtena^'' — lereto, provided that an appropriation has been made therefor. The commissioner shall when practicable cause the work of such altera- tions or repai.s to be done by persons conSned in : ch institutions. Additional sifts to l»e given to in- mates on discharge. Sec. 714. In addition to the donations, provided by the general laws of the state, to be given to inmates of penal institu- tions upon their discharge, the commis- sioner of correction shall donate to each Inmate serving a ter"' longer than three years the sum of five dollars upon his dis- charge. Matrons in prisons for women Sec. 710. The - rmmissioner of corre tion may appoint for each prison, jail, work- house or place of detention, now or here- after under his jurisdiction where women prisoners arc detained, at least one woman, and such other women as in his judgment may be necessary, who shall be known as matrons. The matrons shall have charge of and supervision over all women prisoners and all parts of their respective prisons occupied by such women prisoners, or such parts thereof as may be designated to come under their con- trol by the officer in command thereof. At least one matreu shall be on duty in each prison as long as any w\,._an prisoner is detained therein. Matrons shall also trch all women visiting any part of such prisons, except as otherwise ordered by t he commissioner. No officer other than the matron shall be admitted to the corridor or cells of the women prisoners without the consent of the officer in charge of said prison. — Added by Laws of 1903, '"'hapter 51- Matrons to be graded according to eervlce; salary. Sec. 7 1 <3. The matrons may be graded Into three grades according to their years of service in the department of correc- tion. All matrons who shall have served more than five years may be members of the first grade and shall receive not less than nine hundred dollars as annual pay or compensation; all matrons who shall hav ' served not more than five nor less than three years may be mem- bers of the second grade, and shall re- ceive not less than seven hundred and ] fifty dollars as annual pay or compensa- tion; all matrons who shall have served less than three years may be members of the third grade and shall receive not loss than six hundred dollars, as annual pay or compensation; the pay or com- pensation above provided shall be pay- able monthly to each person entitled thereto. The board of estimate and ap- portionment and the board of aldermen may appropriate annually such sum a3 may be necessary for the appointment, j salary and maintenance of matrons. Added by Laws of 1903, Chapter 311. Former matrons an«l assistant mn'rons continued in office. Sei . 717. All persons now in the employ of the department of correction known as matrons or assistant matrons, and all those by whatever name known, who have performed the duties of matrons as set forth in section seven hundred and fif- teen for the last three years in the de- partment of correction are hereby ap- pointed matrons, and shall be continued in office under the title of matrons. — Add- ed by Laws of 1903, Chapter 511. ■ CHAFTER XlVa. BOARD OF STANDARDS AND A FREALS: PENALTIES FOR VIOLATION OF ORDERS. FT CETERA. OF BOARD, OF SUPERINTENDENTS OF BUILDINGS AND OF FIRE COMMISSIONER. Board of standards and appeals. Sec. 718. 1. Constitution and appointment. The board of standards and appeals is here- by established. The words "the board” when used in this chapter refer to said board. It shall consist of the fire com- missioner. the superintendent of buildings, the chief of the uniformed force of the tire department and six other members to be ap- pointed by the mayor who are hereinafter referred to as the appointed members. Of the appointed members first appointed by the mayor, two shall appointed for terms of one year, two for terms of two years and two for terms of three years, and an- nually thereafter the mayor shall appoint two members for terms of three years each. At all times there shall be among the ap- pointed members of the board persons quali- lied as follows: one, other than the chair- man, shall nave had not less than ten years' experience as an architect; one, other than the chairman, shall have had not less than ten years' experience as a structural engi- neer; one, other than the chairman, shall have had not less than ten years' practical experience as a builder. The mayor shall designate one of the appointed members of the board as chairman and shall also ap- point a, secretary. The board shall appoint a chief clerk and such other subordinates as may be needed, who shall receive such compensation as may be provided pursuant to law. The clerk of the board of examiners is hereby transferred to the position of chief clerk of the board of standards and appeals. The chairman of the board shall be an architect or structural engineer of at least fifteen years’ experience; he shall receive such annual compensation as shall be fixed by the board of aldermen upon the recom- mendation of the board of estimate and ap- portionment, he shall act as chairman of the board and of the board of appeals, and he shall mot be engaged in any other occupa- tion, profession or employment. The ap- pointed members of the board other than the chairman shall receive such compen- sation as may be fixed by the board of aider- men upon the recommendation of the board of estimate and apportionment for each at- tendance at a meeting of the board. 2. Removal and filling vacancies. The mayor shall have power to remove any ap- pointed member of the board, and the sec- retary of the board, and to fill vacancies occurring by such removal or other cause. Vacancies shall be filled for the unexpired term of the member whose place has become vacant. 3. Meetings. Meetings of the board and of the board of appeals shall be held at the call of the chairman and at such other times as such boards may determine. All meetings of such boards shall be open to the public. Each board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official action. 4. Bulletin; filing and publication of de- cision. Every rule, regulation, every amend- ment or repeal thereof, and every order, requirement, decision or determination of the board a&fj of the board of appeals shall immediately be filed in the office of the board and shall be a public record. The board shall print and publish monthly or oftener at its option, a bulletin in which it shall publish every rule, regulation, every amendment or repeal thereof made by the board, and every order, requirement, de- cision and determination of the board of ap- peals, and the reasons therefor whenever it shall deem it practical to do so, and such other matters, including Indices and digests, as the board may deem it advisable to publish. ,J u ri.stl i<*t ion. Sec. 718-a. The board shall: 1. Have power to test materials to be used pur- suant to law, and to make investigations concerning all matters relating to the en- forcement and effect of the provisions of this chapter, the building code, and the rules and regulations made by the board; 2. Make, amend and repeal rules and regulations for carrying into effect the pro- visions of the laws, ordinances and rules and regulations in respect of any subject or matter, jurisdiction whereof is conferred upon the board by this act, or upon a superintendent of buildings by title two of chapter nine of this act or by ordinance or upon the fire commissioner by title three of chapter fifteen of this act or by ordinance, and to Include in such rules and regulations provisions applying to specific conditions and prescribing means and methods of practice i to effectuate such provisions and for carry- ing into effect the powers of the hoard. Such rules and regulations shall take the place of rules and regulations made bv a president of a borough, a superintendent of buildings or the fire commissioner; 3. Make, amend and repeal rules and regulations regarding the enforcement • f those provisions of the labor law and other laws which relate to the construction, altera- tion, structural changes in. plumbing and drainage of. elevators, fire escapes on, ade- quacy and means of exit from and fire alarm systems in all buildings, except tenement houses, within the city of New Y’ork. All rules and regulations maoe by the board pursuant to this section, shall take the place of the industrial code and of any rules or regulations of the labor department r> lating to the same subject matter. 4. Exercise exclusively with respect to buildings situated in the city of New York, the same powers as are conferred upon the industrial commission by chapter seven hun- dred and nineteen of the laws of nineteen hundred and fifteen. . 5. During the month of December an- nually suggest to the mayor and corporation counsel changes or amendments to the law. Rnles and Hes 'illations. Sec. 718-b. 1 At least eight affirmative votes shall be necessary to the adoption, repeal or amendment of any rule or regula- tion by the board. At least ten days* notice of intention to adopt, amend or repeal any rule or regulation shall Lie given by publi- cation in the bulletin of the board, and a public hearing shall be given before any action is taken thereon. The adopted rules and regulations and amendments and changes thereof, shall take effect not less than twenty days after the publication thereof in the bulletin of the board. 2. All rules and regulations heretofore lawfully adopted by a president of a bor- ough. a superintendent of buildings, the lira commissioner or by any other officer, de partment, board or bureau of the city or by the labor department of the state or the industrial commission thereof relating to any matter within the jurisdiction of the board shall continue in force until amended, re- pealed or superseded, and be enforced as rules and regulations of the board of stan- dards and appeals. The corporation coun- sel shall, as soon as practicable after this act takes effect, compile, for the use of the board, a copy of such rules and regulations as he deems so continued in effect. Inspection of Rniltlinffs. Sec. 71S-C. Each member of the board and the secretary shall have ail powers ro enter, inspect and examine buildings and structures, that are conferred upon a super- intendent of buildings or upon the fire com- missioner. Board of Appeals. Se. 71S-d. The appointed members of the board of standards and appeals and the chief of the uniformed force of the fire de- partment, exclusive of the other members, snail hear and decide appeals from and re- view any rule, regulation, amendment or repeal thereof, order, requirement, decision or determination of a superintendent of buildings made under the authority of title two of chapter nine of this act or of any ordinance or of the fire commissioner under the authority of title three of chapter fif- teen of this act or of any ordinance, or of the labor law. No member o<; the board shall pass upon any question in which he or any corporation in which he is a stock- holder or security holder is interested. Hearings on appeals shall be before at least five members of the board of appeals, and the concurring vote of five members of the board of appeals shall be necessary to a decision. The words board of appeals when used in this chapter refer to the said appointed members of the board of standards and ap- peals and the chief of the uniformed fo r ce of the fire department, when acting under the powers conferred by this section. Inspections. Sec. 718-e. Whenever the board of ap- peals shall deem it necessary that an in- spection shall be made of any building, structure or vessel which is the subject of an appeal from an order, requirement, de- cision or determination of the fire commis- sioner, the chairman of the board and not less than two members of the board of ap- peals designated by the chairman shall visit and inspect such building, structure or ves- sel. and shall report their findings to the board of appeals in writing. The members other than the chairman shall receive for each such visit or inspection, and for at- tendance at meetings of the board of ap- » peals, the same compensation as is paid to appointed members for attendance at meet- ings of the board of standards and appeals. Appeals. Sec 7.19. 1. What appealable. An appeal may be taker*, to the board of appeals from any order, requirement, decision or deter- mination made by any superintendent of buildings under the authority of title two of chapter nine of this act or of any ordinance 90 Eagle Library-THE CHARTER OF THE CITY OF NEW YORK (except an order requiring an unsafe build- ing. staging or structure to be made safe, and except an order punishing, removing or dismissing an employee, inspector or other subordinate), or made by the fire commis- sioner under the authority of title threo of chapter fifteen of this act or of any ordi- nance, and from any rule, regulation, amendment or repeal thereof relating to the construction, alteration, structural changes in, equipment, occupancy or use of any building or structure, or vaults and side- walks appurtenant thereto. 2. Who may appeal. Such appeal may be taken by - any person aggrieved or by any officer, department, board or bureau of the city. 11 Appeal how taken. Such appeal shall be Taken within such time as shall be pre- scribed by the board of appeals by general rule, by filing with the officer from whom the appeal is taken and with the board of appeals of a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. 4. Stay. An appeal stays all proceedings In furtherance of the action appealed from, unless the officer from whom the appeal Is taken certifies to the board of appeals after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, In v. hh h case proceedings shall not be stayed otherwise than by a restraining order which may he granted by the board of appeals or by the supreme court, on application, on notice to the officer from whom the appeal Is taken and on due cause shown. 0. Hearing of and decision upon appeal. The board of appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties, and de- cide the same within a reasonable time. TJpon the hearing, any party may appear in person or by agent or by attorney. The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination ap- pealed from and shall make such order, re- quirement, decision or determination as in its opinion ought to be made in the prem- ises, and to that end shall have all the powers of the officer from whom the appeal j is taken. Where there are practical diffi- culties or unnecessary hardship in the way I of carrying out the strict letter of the law. the board of appeals shall have power in passing upon appeals, to vary or modify any rule or regulation or the provisions of any existing law or ordinance relating to the construction, structural changes in, equip- ment. alteration or removal of buildings or structures, or vaults and sidewalks appur- tenant thereto, so that the spirit of the law shall be observed, public safety secured and substantial justice done. The board of ap- peals shall not vary or modify the tene- ment house law nor any rule, regulation or ruling of the tenement house commissioner. The decision shall be in writing and shall be filed in the office of the board and promptly published in the bulletin of the board. Each decision shall so far as is practicable be in the form of a general statement or resolution which shall be ap- plicable to cases similar to or falling within the principles passed upon in such decision. 6. Review by board of appeals on its own motion. Any rule, regulation, amendment or repeal thereof and any order, require- ment, decision or determination from which an appeal may be taken to the board of appeals under the provision of this section, may be reviewed by the board of appeals, upon motion of any member thereof, but no such review of a decision upon an ap- peal snail prejudice the rights of any per- son who has in good faith acted thereon be- fore it is reversed or modified. The pro- visions of this chapter relating to appeal? to the board of appeals shall be applicable to such review. •Certiorari to review decision of Board or Appeals. Sec. 7»3-a. 1. Petition. Ar-y p*-‘Son or persons, jointly or severally aggrieved by any decision of the board of appeals upon appeal or review had under section seven hundred and nineteen, or any officer, de- partment, board or bureau of the city, or the industrial commission of the labor de- partment of the state, may present to the supreme court a petition, duly verified, set- ting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition must be pre- sented to a justice of the supreme court or at a special term of the supreme court within thirty days after the filing of the decision in the office of the board, or its publication in the bulletin. 2. Writ of certiorari. Upon the presen- tation of such petition, the justice or court may allow a writ of certiorari directed to the hoard of appeals to review such de- cision of the board of appeals and shall pre- scribe therein the time within which a re- turn thereto must be made and served upon the relator’s attorney, which shall not be less than ten days and may he extended by the court or a justice thereof. Such writ >hall be returnable to a special term of the supreme court of the judicial district in which the property affected, or a portion thereof, is situated. The allowance of the writ shall not stay proceedings upon the de- cision appealed from, but the court may. on application, on notice to the hoard and on due cause shown, grant a restraining order 3. Return to writ. The board of appeals shall not be required to return the original papers acted upon by it, but it shall be suffi- cient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return must concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and must be verified. 4. Proceedings upon return If. upon the hearing, it shall appear to the court that testimony is necessar> for the proper dis- position of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclu- sions of law, which shall constitute a part of the proceedings upon which the determina- tion of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for re- view. G. Costs. Costs shall not be allowed against the board, unless it shall appear to the court that It acted with gross negli- gence or in bad faith or with malice in making the decision appealed from. (’>. Preferences. All issues in any pro- ceeding under this section shall have prefer- ence over all other civil actions and pro- ceedings. Penalty for non-compliance with orders, et cetera, of board, of superintendents of buildings and of fire commissioner. Sec. 719-b. Any person who shall know- ingly violate or fall to complv with any lawful order or requirement or the board made under the authority of this chapter or of a superintendent of buildings made un- der the authority of title two of ohaptej* nine of this act or of the fire commissioner made under the authority of title thrpe of chapter fifteen of this act, shall he guilty of a mh-d'^meanr r ; and shall In addition there- to. p’-d in addition to all other 'labilities nnrl penalties imposed by law, ordinance's rule^ and regulations forfeit and pay for each and every such violation and non-compliance respectively, a penalty In the sum of not more than two hundred and dollars, as maj be fixed by the court awarding judg- ment iherefrr. An action may be brought for the recovery of any such penalty or penalties in any municipal court or court of record in pnjd city i^ name of 'he city. — As added by Laws of 1910. Chap. 503. CHAPTER XV. FIRM DEPARTMENT. Title 1. Organization, duties and powers of officers and men. Title 2. Fires and their extinction. Title 3. Prevention of fires; explosives and combustible materials. Title 4. Fire marshals, and investiga- tion of origin of fires. Title r>. Kelief fund and pensions. Title 6. Tax upou foreiga insurance companies. TITLE 1. ORGANIZATION, DUTIES AND TOW- ERS OP ITS OFFICERS AND MEN. Fire commissioners: salary. Sec. 720. The head of i he tire depart- ment shall be called the fire commis- sioner. He shall be appointed by iho mayor, and hold his office as provided in chapter four of this act. The salary of the fire commissioner shall be seven thousand five hundred dollars a year. Such commissioner shall have power ’ o appoint and at pleasure remove two dep- uty commissioners The commissioner may designate in writing, to be filed in I he offices of the mayor and comptroller, one of the deputy commissioners as au- thorized to perform all the duties and exercise all the powers of the commis- sioner except the appointment to or pro- motion, detail or dismissal of any mem- ber of the uniformed force, and in like manner may designate a clerk or chief of a bureau, to sign warrants and per- form such other duties incident*! thereto. as may be required during the absence, by illness or otherwise, of the said com- missioner, and for a period of time to be designated in said notice. The salary of each of such deputy commissioners shall be live thousand dollars a year. — Amended by Laws of 1904, Chapter 756. Office in (lie liorougli of Brooklyn. Sec. 721. The fire commissioner shall delegate one of the said deputy commis- sioners to sit at the office of the fire de- partment in the borough of Brooklyn, through whom such business, duties and powers of the fire department in the bor- oughs of Brooklyn and Queens shall be conducted, performed and exercised, as may be directed by the fire commissioner. —As amended by Laws of 1904, Chapter 756. Consolidation of Arc departments t volunteer departments. Sec. 722. The officers and members of the uniformed force and legally appointed firemen in the corporation formerly known as the mayor, aldermen and com- monalty of The City of New York, and in the City of Brooklyn and in the City of Long Island City are hereby made mem- bers 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 as now held by them, respectively, as nearly as practicable. The paid firo department system shall, as soon as prac- ticable, be extended over the boroughs of Queens and Richmond, by the fire com- missioner, and thereupon the present vol- unteer fire department now maintained therein shall be disbanded. Any reai property and likewise any apparatus, equipment or other personal property owned or used by said volunteer forces which may be deemed useful or neces- sary for the use of the fire department, shall upon the extension of the paid sys- tem to the boroughs of Queens and Rich- mond. respectively, be purchased by the fire commissioner at the reasonable value thereof. In the meantime, and until the said paid fire department shall be ex- tended over said territory as herein pro- vided. said volunteer fire companies shall continue to discharge the duties for which they have been associated or incorpor- ated, and said companies shall receive front the city such sums as are now awarded them by the village or towns in which they are respectively located, ex- cept that in the boroughs of Richmond j and Queens there shall be paid on the first day of June in oarh year to the treasurers of the several volunteer fire companies, by the comptroller of The City of New York the following sums: To the treasurer of an engine company or chemi- | cal engine company tw r elve hundred dol- lars, to. the treasurer of a hook ar.d lad- i del’ company ten hundred dollars, to the treasurer of a hose company eight hun- dred dollars, and to the treasurer of a patrol company eight hundred dollar*, and to the treasurer or each newly or- ganized engine company, chemical engine company, hook and ladder company, hose | company or patrol company in the bor- oughs of Richmond and Queens, whose j certificate of incomoration has been ap- proved by the fi"° eommissmnor and mayor, a pro rati share of the annual appropriation grar'ed to sue! company by the provislo , of this act. from the date of such approvnl until the following first dav of June. Whenever hereafter the paid fire de- partment shall be extended into any part of the territory of The City of New York, as hereby constituted, in which now or hereafter there shall exist a volunteer fire department, such members of said volunteer fire department in said locality as may be in active service shall, upon iheir passing a non-competitive examina- tion for fitness, the conditions of which shall first be approved by the fire com- missioner as prescribed by the munici- pal civil service commission rules, notice of which examination shall have been previously gi\en by publication in tna 91 Eagle Library-THE CHARTER OF THE CITY OF NEW YORK official papers of the borough in which the extension is proposer], be placed at the head of any eligible list certified for appointment and be preferred for ap- pointment as firemen in the paid depart- ment, and the volunteer benevolent asso- ciation existing within said territory shall possess all the privileges, and be entitled to all the rights now conferred by law upon such associations. The board of es* timate and apportionment may, in its discretion, appropriate such sum of money as they may deem necessary for the purchase of apparatus for the use of the several volunteer companies in the for the maintenance of the fire alarm system in such boroughs. The certificate of incorporation of any new volunteer fire company of The City of New York shall, in addition to the requirements therefore provided in the general laws of the state, also require the approval of the fire commissioner. — As amended by laws of 1902, chapter 583, and Laws, 1904, chapter 700. Treasurer. Sec. 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 twenty thousand dol- lars for the faithful performance of his duties as such treasurer. Powers. Sec. 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 department shall have sole and exclusive power and authority to extinguish fires in said city. All real estate, fire apparatus, hose, implements, tools, bells, and bell towers, fire tele- graph. and all property of whatever na- ture, in use by the firemen or fire de- partment 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 prop- erty 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 de- partment for the purposes of this chap- ter, the commissioner shall surrender the same to the city. Horses, apparatus, etc., to l»e pro- vided. Sec. 725. The fire commissioner shall, subject to the other provisions 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 tele- graphs, to provide suitable locations for the same, and to buy, sell, construct, re- pair. and have the care of the same, and take any and all such action in the premises as may be reasonably necessary and proper. To control and manage property, et cetera. Sec. 726. The fire commissioner shall possess and exercise full and exclusive power and discretion for the government, management, ma'ntenance and direction of the several buildings and premises, and bell-towers, and property, and ap- purtenances 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. When- ever any torses used in the fire depart- ment, the police department or the street cleaning department shall have become unfit tor use therein, the commissioner of either of such departments, instead of causing such horses to be sold at auc- tion, as provided by section fifteen hun- dred and fifty-three, may transfer such horses to the custody of the American Society for the Prevention of Cruelty to Animals, provided such society Is will- ing to accept the custody thereof, to be dispose! of in gueh manner as the sail society may deem best. If, however, any horse so received into the custody of said society and formerly used in the fire department or the police department shall thereafter be sold by said society, or any profit be derived from its use, the proceeds from such sale or use shall be paid over by said society to the fire commissioner or to the police commis- sioner, for the benefit of the pension fund of their respective departments; and if any horse formerly used in the depart- ment of street cleaning shall be sold or used by said society, the proceeds of such sale cr use, shall be the property of The City of New York, and shall be paid over by said societv to the chamberlain of the city. The fire commissioner, the police commissioner and the street clean- ing commissioner may, however, transfer any horse or horses which have been condemned, or which may be hereafter condemned as unfit for service in said departments, respectively, to any other department of the City of New York, at such price for each horse as may repre- sent the average price received per horse at the auction sales of such con- demned horses, conducted by the depart- ment making such transfer during the last two years preceding such transfer in which such auction sales were held, — As amended by Laws 1908, Chapter 356. Bureaus. Section 727. The fire commissioner shall have power to organize the fire department into such bureaus as may be convenient and necessary for the performance of the duties imposed upon him. There shall be in the de- partment a fire bureau, which under the direction of the commissioner shall have charge of the extinguishment of fires and the necessary and incidental protection of property in connection therewith. There shall also be estab- lished a bureau of fire prevention, which under the direction of the com- missioner shall perform the duties and exercise the powers in relation to the prevention of fires devloved upon the commissioner by this act or by any other law or ordinance. The official in charge of the bureau of fire pre- vention shall be known as the chief of the bureau of fire prevention and shall be appointed by the commissioner. The officials in charge of the bureaus of the fire department shall keep such records as the fire commissioner shall direct concerning the official transac- tions of their bureaus. The commis- sioner shall also appoint such other officials and subordinates in each bor- ough as may be necessary. In the per- formance of their official duties, all officers and employees of the bureau of fire prevention shall have the pow- ers and perform the duties of peace officers, but their power to make ar- rests and to serve process in criminal actions shall be restricted to cases arising tinder laws or ordinances re- lating to fires, fire perils and fire pre- vention. [As amended by Laws of 1913, chap. 698.] , Selection of subordinates. Sec. 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 per- form such duties as may be assigned to them by him, under such names or titles as he may confer. Promotions of officers and members the force 3hall be mate by the fire commissioner as provided in section one hundred and twenty-four of this act on tho basis of seniority, meri- torious service in the department and superior capacity as shown by competi- tive examination. Individual acts of per- sonal bravery may be treated as an ele- ment of meritorious service in such ex- amination, the relative rating therefor to be fixed by the municipal civil service r -i T'f,. r . e m m U i ’ transmit to the municipal civil service commission ir. advance of such examina- tion the complete record of each candi- date for promotion.— As amended by Laws of 1911, chapter 899. Location of fire alarm telegraph, etc.; penalty lor interlerenee tlierewl t li . (See Code of Ordinances Library.) Sec. 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 com- bination 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 desig- nate the places of deposit for keeping the keys of the various stations, and to designate the officers 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 posses- sion. 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 com- missioner or tho officers and employe specially authorized to operate said tele- graph, or to use the same 'or instruction or drill, or policeman or citizens using the same for communicating an actual alarm of fire, shall make use thereof; and no person shall use the keys or ap- pliances 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, associa- tion. corporation or company shall post, paint, impress, or in any way affix to any pole connected with said fire-alarm tele- graph, or any box, wire, or other appliance connected therewith, any placard, sign, broadside, notice, or announcement of any kind, or cut. mutilate, alter, mar, deface, cover, obstruct or interfere with the same in any manner 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 sec- tion shall be punished as a misdemeanor, and subject the party or parties violat- ing the same to an additional penalty of one hundred dollars. No kite snail be flown, raised, or put up in the streets or avenues adjacent to the lines of said telegraph, or allowed to become entan- gled 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 enforce- ment of this section. The fire commis- sioner is further authorized and em- powered to extend the fire alarm tele- graph system whenever in his judgment it shall be deemed desirable, by the pur- chase, lease or license of the whole or a part or parts of the appliance, appara- tus. equipment, patents, licenses, fran- chises, rights, contracts or other property of any kind, of any fire alarm telegraph or fire signal company now doing busi- ness in, or which may hereafter do busi- ness in, The C ty of New York, at a price to be agreed upon with the persons or corporation owning the same, and every such corporation is hereby authorized to sell, lease or license the same to the city, provided such purchase, lease or license shall first be approved by the board of estimate and apportionment; and the said board is authorized and empowered to issue corporate stock in such amount or amounts as may be necessary to make such purchase, and the comptroller shall thereupon issue such stock to the amount so authorized without the approval of any other board or n body. Tho c : , . - f t •? r have 92 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK power to enter in person or by his duly authorized employes, the buildings or premises which have been or may be pro- vided. upon the application of the owners or agents thereof, or which are directed by the commissioner pursuant to the pro- visions of law to be provided with the means of communicating alarms of fire, for the purpose of mainlaining. repairing, examining or installing the same. The fire commissioner is further authorized to fix and collect reasonable charges for the maintenance and equipment of such special fire alarm service thus provided, and such moneys when collected by him shall be paid into the general fund for the reduction of taxation. — \s amended by laws of 1903. Chapter 3S3. Business offices: seal. Sec. 730. The said fire commissioner shall, subject to the other provisions of this act, provide such offices and business accommodations as may be requisite for the transaction of the business of the de- partment and that of its subordinates. The commissioner may adopt a common seal and direct its use. Snits nnJ> of the Great- er New York Charter.) Sec. 769. Be it ordained by the Board of Aldermen of The City of New York as follows: 1. No person, firm or corporation shall have, use. keep, sell or give away any substance or compound or mixture hav- ing such properties that it may, spon- taneously or acting under the influence of any contiguous substance, or of any chemical or physical agency, ignite, in- flame or generate inflammable vapors to a dangerous extent within the limits of The City of New York, except in the man- ner and upon the conditions herein pro- vided and under such regulations as the Municipal Explosives Commission shall prescribe. The fire commissioner of said city, under and in pursuance of regula- tions established by the Municipal Ex- plosives Commission, may issue licenses to any person desiring to have, use, keep, sell or give away any of the articles des- ignated in this section. The Municipal Explosives Commission shall prepare such regulations as in its judgment may he necessary to control the storage and handling of the materials specified in thia section, and it shall from time to time add to such list and bring under such regulations such other materials as the public safety may -equire. Said regula- tions and the amendments thereto shall be subject to approval by the mayor, and when so approved shall be published by the fire commissioner in the City Record and in such other manner as he may deem necessary. 2. This ordinance shall take effect im- mediately. Adopted by the Board of Aldermen May 13, 1902. — Approved by the mayor May 19, 1902. Of certain vegetable products. Sec, 770. No quantity of cotton, hay, straw, flax, hemp, husks, rushes, oakum, rags, seaweed, jute or other vegetable fiber 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 fireproof throughout, or upon an open space of ground surrounded by a wall constructed entirely of fireproof materials at least twelve feet high and twelve inches thick, oV, within a fireproof 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 re- I voiced; and none of the artices enumerat- ed in this section, when loose or not baled, shall be kept as aforesaid in quan- tity exceeding one thousand pounds in the whole; excepting in a private stable, in which may be kept such loose hay and i straw in quantity not exceeding twenty- five hundred pounds in the whole, except upon the approval of the fire commis- sioner, No person shall have, put or keep any hay or straw uncovered in any stack or pile or in any other way ex- posed. within one hundred yards of any building in said city, or shall have, put or keep within said city any hay, straw, hemp, flax, shavings or rushes in any building not built of stone or brick, or iron, or covered with tile or slate, or other fireproof material, cvhich is or shall be within ten feet of any dwelling house o’- ch’mney whatsoever, except upon like approval. Right to enter buildings, etc., for pin-poses of exami nation. Sec. 771. The commissioner and his officers or agents, under the direction of the commissioner, or either of them, are hereby empowered at any and all times to enter into and examine all buildings, dwelling houses, livery and other stables, hay boats, or vessels, and places where any merchandise, gunpowder, hemp, flax, fow, hay, rushes, firewood, boards, shin- gles. shavings, or other combustible ma- terials may be lodged, for the purpose of ascertaining all violations of any law or ordinance, and also the places where ashes may be deposited, and upon find- ing that any of them are defective or dangerous, or that a violation of any law or ordinance exists (herein, may deliver a written or printed notice, containing a copy 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 combustible ma- terials, 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 im- posed, the sum of twenty-five dollars, and the further sum of five dollars for every day’s neglect to remove, amend, or se- cure the same after being so notified. All the expenses of any removal, alteration or amendment as aforesaid, shall be paid in the first instance by the occupant, but shall be chargeable against the owner ot such dwelling-house or other building, and shall be deducted from the rent of the same, unless such expense be ren- dered necessary by the act or default of such occupant, or unless there be a spe- cial agreement to the contrary between the parties. Information to lie fnrnishetl by hold- ers of permits. Sec. 772. All persons or corporations who shall be required to have and obtain permits shall furnish such information as may be required, touching the condi- tion of any building and the business therein proposed to be conducted, prelim- inary to obtaining such permits. Fines anil penalties. TJ (See Code of Ordinances Iabrary.) Sec. 773. Any person, persons or cor- porations for the violation of or non- compliance with any of the several pro- visions of ihe several sections of this title, when ihe penalty is not (herein j specially provided, shall severally for- j felt and paw a fine or penalty in the sum '■ of fifty dollars for each and every offense, or shall forfeit and pay the penalties re- I spectively imposed under any of said sec- 97 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK tidns.and shall also be severally liable for any costsor expenses that may be incurred by any violation of, or non-compliance with, any requirement under said sec- tions, and shall al^o be severally liable for the payment of the further penalty of the sum of fifty dollars for any violation of, or non-compliance with, and regula- tion, order, or special direction issued by said commissioner, or for failure ,to at- tend and testify as required by any sub- pena 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 in- formation 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 re- quirement of, or made pursuant to the provisions 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 de- manded' of said department in any such suit or proceeding. Any person who shall willfully violate or neglect or refuse to comply with any provision or require- ment of this title or any regulation, or- der or special direction duly made there- under, shall also be guilty of a misde- meanor.— As amended by Laws of 1901, Chapter 466. Fire commissioner, duties of. Sec. 774. The commissioner is empowered to enforce all laws and ordinances and the rules and regulations of the board of stan- dards and appeals in respect of 1. The prevention of fires and danger to and loss of life and property therefrom; 2. The storage, sale, transportation or use of combustibles, chemicals and explosives; 3. The installation and maintenance of automatic or other fire alarm systems and fire extinguishing equipment; 4. The means and adequacy of exit, in case of fire, as provided in the labor law, the building code and the rules and regula- tions of the board of standards and appeals, in and from all buldings. structures, en- closures, vessels, places and premises in which numbers of persons work, live or con- gregate from time to time for any purpose except tenement houses. 5. The investigation of the cause, circum- stances and origin of fires and the suppres- sion- of arson. 6. The use and occupancy of buildings and other structures except tenement houses. .The fire commissioner shall not vary from, proceed or issue any order contrary to the buildihg code, a rule, regulation or decision of- the board of standards and appeals, or of the board of appeals. The powers conferred upon the fire com- missioner by this section are exclusive of the department of labor, and such department shall not exercise any of such powers in the city of New York. The powers conferred by this section shall not. however, extend to the enforcement of I any provision of the sanitary code or the regulations of the board of health, nor in- terfere in any manner with the powers or duties of the department of health or of the health commissioner. Sec. 8. .Subdivisions two and three of sec- tion seven hundred and seventy-five of the Greater New York charter as amended by chapter four hundred and fifty-nine of the laws of nineteen hundred and fourteen, are hereby amended so as to read as follows: 2. Order, in writing, the remedying of any condition found to exist in. on or about any building. structure, enclosure. vessel, place or premises.- except tenement houses] in violation of any law or ordinance or rule or regulation of the board of standards and appeals in respect to fires or to the preven lion of fires or in respect to any of the matters mentioned in section seven hundred and seventy-four, except as otherwise pro- vided In this act and except the tenement house law : 3. Order, in writing, the installation, as prescribed by any law or ordinance or by the rules and regulations of the board of standards and appeals, in any building, structure, enclosure, vessel, place or prem- ises. of automatic or other fire alarm system or fire extinguishing equipment and the maintenance and repair thereof; or the con- struction. as prescribed by any Jaw or ordi- nance or rule or regulation of the board of standards and appeals, of adequate and safe means of exit from all buildings, structures, enclosures, vessels, places and premises, ex- cept tenement houses. — As amended by Laws or 1916* Chap. 503. Powers of the commissioner. Sec. 775. The commissioner is further empowered to 1. Cause any building,, structure, enclos- ure, vessel, place or premises, - or any part thereof, or thing therein or attached thereto, to be examined and inspected by any officer or employee of the department designated for ‘such’ purpose; 2. Order, in writing, the remedying of any condition found to exist in, on or about any building, structure, enclosure, vesSel, place, of premises, except tenement houses, in violation of . any law or ordinance or rule or regulation of the industrial board of the department of labor in respect to fires or to the prevention of fires, except the tene- ment house law; but' the commissioner shall make no such order, respecting the means and adequacy of exit from a factory, as defined by the labor law; 3. Order, in writing, the installation, as prescribed by any law or ordinance or by the* rules and regulations of the industrial board of the department of labor, in any building, structure, enclosure, vessel, place or premises, of automatic or other fire alarm system or fire extinguishing equipment and the maintenance and repair thereof; or the construction, as prescribed . by any law or ordinance, of’ adequate and safe means of exit from all buildings, structures, enclos- ures. vessels, places and premises, except tenement houses and except factories as defined by the labor law; 4. Order any building, structure, enclos- ure, vessel, place or premises, which, in the opinion of the commissioner, is. inade- quately protected against fire perils, to be vacated, or to be condemned and removed; 6. Cause any vessel moored to or an- chored near any dock or pier in the city to be removed to and secured at such place in the harbor as .shall be designated by the commissioner, provided such vessel shall be on fire or in danger of catching fire or is. by reason of its condition or the nature 'of its cargo, a menace to shipping or to prop- erty or the water-front of the city; 6. The commissioner or any authorized officer or employee of the department may enter, at any reasonable hour, any building, structure, enclosure, vessel, • place or premises, or any part thereof, to make . inspections or in furtherance of the purpose of any provision of this chapter. Orders of the department or of the fire commissioner shall be addressed to the owner or owners, lessees or occupants of the building, structure, enclosure, vessel, place or premises affected thereby, but it shall not be necessary to designate such owner or owners, lessees or occupants, by name in any such order, but the premises shall be desig- nated in the address, so that the same may be readily identified. Service of any such order may be made by delivery of a copy thereof to the owner or any one of sev- eral owners, to a lessee or any one of several lessees, or to any person of suitable age and discretion in charge or apparently in charge of the premises, or if no person be found in charge of the premises then by affixing a copy of such order prominently upon the premises.— As amended by Laws of 1914, chap. 459. 7. The plans for all alterations and struc- tural changes in and for the installation of fire extinguishing equipment to be made or installed in buildings or other structures pur- suant to orders of the fire commissioner shall be filed in the office of the superin- tendent of buildings of the borough in which such building or structure it situated. — As amended by Laws of 1916, Chap. 503. Orders, et cetera, of fire commissioner. Sec. 775-a. Every rule, regulation, amend- ment or repeal thereof, and every order, re- quirement, decision or determination ;of the fire commissioner authorized by this title shall be in writing. He shall deliver a copy of every order to the superintendent of buildings of the borough in which such building or structure is located. Each super- intendent of buildings shall notify the fire commissioner when plans are filed to com- ply with any order of the fire commissioner, and when the work tc be done pursuant to any such order is completed. In any action or proceeding founded upon a claim by the fire commissioner that a lawful order made by him has not been complied with, the cer- tificate in writing of the superintendent of buildings of the borough, in which the build- ing or structure is situated, shall be pre- sumptive evidence of any matte; stated therein' concerning the filing of plans to com- ply with an order of the fire commissioner, the sufficiency of such plans to so comply and the completion or failure to complete the work required to be done pursuant to such an order- As added by Laws uf 1916 Chap. 503. Fire drills. Sec. Y75-b. The fire commissioner, in cases where provision is not otherwise made by law or ordinance, is empowered in his discretion to require and compel the regular and .period eal performance of a fire drill, including Instruction and practice in the use of means of exit, alarm systems and fire prevention or extinguishing methods and equipment, in a.1 » buildings, structures, enclosures, vessels, places and premises where numbers of persons work, live or congregate in the city of New York except tenement houses.— As added by Laws 1914, chapter 459. Fire hazard* are nuisance*; procedure to abate same. 'See. 776. Any building, structure, enclosure, vessel, place or premises perilous to life or property in case of fire therein, 1 hereon or ad- jacent thereto, by reason of the nature «>r condition of its contents, its use, the over- crowding of persons therein, defects in it* construction, or deficiencies in fire alarm, fire extinguishing or fire escape equipment or by reason of any condition in violatoin of law. ordinance, or order of the [Commissioner, is a nuisance within the meaning of this’ .act, the penal law and the code of ordinances. Th3 commissioner is empowered to abate any su:h nuisance. If any person shall immediately agree in writing to comply with an order, the com- missioner may fix such time as he deems rea- sonable within which such person may com- ply. Upon the refusal or neglect of a per- son served with an order to comply there- with the commissioner may execute and en- force such order with employees and equip- ment of the department, or by the employ- ment of other agencies as the commissioner may direct, subject to the right of a survey in respect to such order. Nothing contained in this section shall be held to authorize the commissioner to alter the construction of any building, structure, vessel, enclosure, place or premises, or to supply any deficiency in the fire alarm, fire extinguishing or fire escape equipment thereof.- but he may prohibit and prevent the occupancy or use of any building, structure, vessel, enclosure, place or premise! or public access thereto, until an order J complied with. Sec. 2. Section seven hundred and seventy* cight-c .of the. Greater New York charter i* hereby amended to read as follows: Sec. 778-c. The powers and functions here- tofore given to and vested in the municipal explosives commission are hereby transferred to and . vested in the ’ fire commissioner, and the municipal explosives commission is hereby abolished. The property, funds and appro- priation of the municipal explosives commis- sion are hereby transferred to the fire de- partment, but the fire commissioner may for a period of sixty days from the passage of this act employ and pay from the aforesaid appropriation such members and employees of the commission as he deems advisable. All regulations of such commission in force im- mediately prior to the passage of this act shall continue to constitute a chapter of the code of ordinances of the city, subject, to amendment or repeal by the board of aider- men. The fire commissioner is , further em- powered to make additional regulations for the sale, storage, keeping, manufacture or transportation of combustible. inflammable or explosive materials or articles. The sale, storage, keeping, manufacture or transporta- tion of combustible, inflammable or explosive materials or articles In violation of the regu- lations authorized by this section is hereby prohibited.— As amended by Law's of 1914, chap. 495. Reinibn rsement for expenses; pro«- ced u re. Sec. 776-a. The expenses attending the execution of any and all orders duly made by the department shall respec- tively 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, structure, ves- sel, enclosure, place or premises to which said order relates, and in re- spect of which said expenses were in- curred: and also against every person or body who was by law or contract bound to do that in regard to such build- ing. structure, vessel, enclosure, place or premises which said order requires, and sa>id expenses 3 ha 11 also be a lien on all rent and compensation due, or to grow due, for the use of any building, struc- ture, vessel, enclosure, place or prepnises, or any part thereof, to which said order relates, and in respect of which said ex- penses were incurred.— Added by Laws of 1911, Chapter 899. Secs. 777, 777a, 777b, repealed by Act of 1916. Application for order to remove viola- tion* and lo vacate bnildingx. Sec. 778. Tn case any order to remedy a condition eminently perilous to life or prop- erty issued by the commissioner or the de- partment is not complied with, or the com- missioner certifies in writing that an emer- gency exists requiring such action, he may order any. building or structure or part thereof to be vacated. Su^h order shall bo addressed and 'served in the same manner as is prescribed in section seven hundred and seventy-five for the. service of orders. Whenever any order to vacate served as r 98 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK aforesaid shall not have been complied with, within the time designated therein, the com- missioner. in addition to or in lieu of any other remedy or power, may apply to the su- preme court, at a special term thereof, with- out notice, for an order directing the said commissioner to vacate such building or premises, or so much thereof as said com- missioner may deem necessary, and pro-, hibiting and enjoining all persons from using or occupying the same for any pur- pose until such measures are taken as may be required by such order. — As amended by Laws of 1916, Chap. 603. Transmitting notice to owner. Sec. 778-a. In case any order or notice mentioned In or given pursuant to section seven hundred and seventy-five or seven hundred and seventy-eight shall be served upon or given to any lessee or person in possession or charge of the building, struc- ture, vessel, place or premises therein de- I scribed It shall be the duty of such person to give immediate notice to the owner or ] agent of said building, structure, enclosure, vessel, place or premises named in the notice, if the same shall be known to such person personally, If such owner or agent shall be within the limits of the city of New York, and his residence known to such per- son; and if such owner or agent be not within said city, then by depositing a copy of such order or notice in any post office in the city of New York, properly enclosed and addressed to such owner or agent, at his then place of residence, if known, and with the postage prepaid. In case any lessee or person in possession or charge of aforesaid shall neglect 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 of such neglect. — As amended by Laws of 191G, Chap. 503. Investigation of fires. Sec. 778-b. The commissioner, through the chief of the bureau of fire preven- tion, a fire marshal, an assistant fire marshal or other officer of the depart- ment lawfully empowered to administer oaths and take testimony, shall investi- gate the origin of all fires, and particu- larly of all cases of supposed arson, incendiarism or fires due to criminal carelessness, which may be brought to tile notice of the department or any offi- cer thereof. The officer conducting such an investigation shall have power to I summons under subpoena and take the testimony, in writing and under oath, of all persons supposed to be cognizant of any fact or to have means of knowl- edge in respect of the origin and cir- cumstances of any supposed arson, in- cendiarism or fire due to criminal care- lessness. All such testimony, duly veri- fied. with the report of the investigating officer, setting forth his opinion and con- clusions in respect of the case, shall be transmitted to and filed in the depart- ment. A copy of such testimony and re- port may be furnished, in the discretion of the commissioner, to the New York board of fire underwriters, to the own- ers of property, or other persons in- terested, provided, that in all cases of supposed arson, incendiarism or fires due to criminal carelessness, the commis- sioner, or an officer of the department authorized by him, shall promptly seek the co-operation of the police depart- j ment and the district attorney pf the countv in which the supposed crime shall have occurred, and In ail such cases the commissioner shall cause the police com- missioner and the district attorney to be furnished with copies of the testi- mony taken and reports made by officers of the department in respect of such supposed arson, incendiarism or fires due to criminal carelessness. All evidence, with the addresses of probable witnesses, in any such case shall be reported by the department to the appropriate dis- trict attorney without delay. — Added by ' Laws of 1911, Chapter 899. Municipal explosives commission. Seo. 778-c. The municipal explosives commission, as constituted at the date when this act shall take effect, Is con- ! tinued, and its members shall hold office during the pleasure of the mayor. All regulations of such commission approved by the fire commissioner, except such as relate exclusively to its organization, or to the duties and its officers and employees, shall constitute a chap- ter of the code of ordinances of the city, and shall be subject to amendment or repeal by the board of aldermen. All acts or parts of acts in so far as Inconsistent with the provisions of this act are hereby repealed. — Added by Laws of 1911, Chapter 899. TITLE 4. FIRE MARSHALS AND INVESTIGA- TION OF ORIGIN OF FIRES. Investigation of fires, etc. Sec. 779. The fire commissioner is hereby authorized to appoint and remove a fire marshal for the boroughs of Man- hattan, The Bronx and Richmond, and a fire marshal to be seated in Brooklyn and to exercise his powers within the bor- oughs ot Brooklyn and Queens. Said fire marshals shall be members of the uni- formed force of the fire department of The City of New York, and within such boroughs, respectively, to which they may be assigned, shall have and possess all the powers heretofore conferred by law' upon the fire marshal of the corporation heretofore known as the mayor, aider- men and commonalty of The City of New York. The salary of each of said fire marshals shall be three thousand dollars a year. The fire commissioner, himself or by said marshals, is hereby authorized and empowered to investigate, examine and inquire into the origin, details and management of fires in the city, and also of any supposed cases of violations of any of the provisions of this chap- ter, or of any of the several regula- tions, orders or special directions issued by the fire commissioner for the purpose of the discovery cf any delinquency in the non-performance of duty or violation of discipline on the part of a.iy officer, agent or employe of said fire department, or any supposed cases of arson or incendi- arism, which may be brought to his notice; and said fire commissioner in and about any examination, investigation or inquiry before him cr hi; marshals, touching any matter or thing therewith connected, may subpoena and compel the attendance of any person or persons, and the produc- tion of any books, papers, archives or documents in his or their possession, or under his or their control, in the judg- ment of the fire commissioner connected with and necessary to cuch examination, investigation or L uiry, before him or his marshals, "t the time and place there- in named; and for the purpose aforesaid, the corporatica counsel may, at any time, obtain to be issued subpoenas 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 pending in a court of iccord, and said subpoena may be 5' -ved, 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 ser- vice anu pre of r* non-compliance, failure to attend and testify on the part of any person or persons, as required by said subpoena, or failure or refusal on the part of any person or persons to produce any such books, papers, archives, or docu- ments, in his or their possession, or un- der his or their control, or a failure or refusal on his or air part to answer any question put to him or them, and pertinent thereto, upon any examination. Inquiry, or Investigation as aforesaid, ap- plication may be made before any justice of said court, who shall, in case he shall decide such aueslion pertinent and proper to be answered, thereupon cause to be arrested, and may • .'.Dish as for a con- tempt of the orders of said court, the person or persons named in said sub- poena, 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 ap- plicable thereto. Said commissioner and fire marshals, in conducting any examina- tion or inquiry as aforesaid, are hereoy authorized to adminster any oath or af- firmation in the matter, and any false swearing under said oath or affirmation thus adminstered shall be perjury, and punishable as such in such manner as now provided under the laws applicable there- to; and s°iii examination or investigation may be continued and adjourned by the said commissioner or fire marshal con- ducting the same, from time to time, and at such time and place as shall be desig- nated, 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 sub- poena, and with like effect as to any fail- ure to appear and answer under the re- quirements 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 pro- tection of property, and shal be care- fully kept in the archives and pos- session of said fire department, and shall in no manner be used in any crim- inal 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 here- inabove defined within the boroughs of Brooklyn and Queens, shall be carried on by the deputy commissioner and fire mar- shal seated in the borough of Brooklyn, under the direction of said fire commis- sioner. Fire marshals may enter buildings to examine them. Sec. 780. It shall be the duty of a mar- shal or his officers and agents, when au- thorized by him in writing so to do, to enter into any building or permises with- in said city for the purpose of examin- ing. or causing to be examined, the stoves and pipes thereto, ranges, furnaces and heating apparatus of every kind whatso- ever. including the chimneys, flues and pipes with which the same may l>6 con- nected, engine rooms, boilers, ovens, ket- tles. and also all chemical apparatus or other things which in his opinion may be dangerous in causing or promoting fires, or dangerous to the firemen or oc- cupants 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 special directions, either printed or written, directing the owner or occupant to alter, temove, or remedy the same in such manner and within auch reasonable time as may be necessary, and in respect thereto may authorise and direct the use of such materials and ap- pliances as shall be deemed p: opor and j necessary, and in case of neglect or re- fusal so to do within the time proscribed by such orders or directions, such fire marshal, under the direction of said com- missioner. shall cause said alteration, re- \ moval or other necessary act or work to i be done and the expense thereof shall be j 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. And 1 in addition thereto the party so offending shali forfeit the sum of fifty dollars, to be recovered in said action or in an ac- tion brought therefor by the fire com- missioner. Id.: to trace the cause of fires, arrest of suspected nersons. Sec. 781. It shall be the duty ot a fire marshal to examine into the cause, cir- i rumstances. and origin of fires occurring I in said city, by which any building, ves- sels, vehicles, or any valuable personal property shall be accidentally or unlaw- fully burned, destroyed, lost or damaged- 99 Eagle Library — THE CHARTER OF THE CITY OF NEW YORK wholly or partially; and to especially in- quire and examine whether the lire was the result of carelessness or the act of an incendiary. Such tire marshal shall take the testimony, on oath, of all per- sons supposed to be cognizant of any fact or to have means of knowledge in rela- tion to the matters herein required to be examined and inquired into, an 1 cause the same to be reduced to writing, verified nod transmitted to the fire commissioner with his report in writing, embodying his opin- ion and conclusions in relation to the matter investigated. Such fire marshal shall report in writing to the fire de- partment. to the police department, to the district attorney, to the New York board of fire underwriters, to the owners j upon any member or members of the fire of property, or other persons interested department force by way of discipline, in the subject matter of investigation TITLE 5. hei.ief find axd pensions. Of rvlint fund cemsistst officers and i n vestment. Sec. 7S9. The New York fire department relief fund shall consist of: 1. The capital, interest, income, divi- dends, cash deposits, securities and cred- its formerly or now belonging to said funds in any of the municipal and public corporations, or parts thereof, hereby consolidated into The C'ity of New York. 2. All forfeitures and fines imposed by I the fire commissioner, from time to time. any facts and circumstances which he may ’nave ascertained by such inquiries and investigations which shall, in his opin- ion. require attention from or by either of said departments, officers or persons, and it shall be the duty of such fire mar- shal, 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 arrest- ed and charged with such offense, and 3. All rewards, in money, fees, gifts, tes- timonials. and emoluments that may be paid or given for account of extraordinary services by any member of the fire depart- ment force, except such as have been or shall be allowed by the fire commissioner, to be retained by said member or mem- gers, and such as have been or shall be given to endow a medal or other perma- nent or competitive reward. 4. All proceeds of suits for penalties, under title three of this chapter, and all furnish to the district attorney all the lice nse fees payable under the same which evidences of guilt, with the names of wit nesses, 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 commis- sioner shall require, his proceedings, and the progress made in all prosecutions for arson, and the result of all cases which are finally disposed of. Id. 5 may compel attendance of wit- nesses. Sec. 782. A Are marshal shall have power to issue a notice in the nature of may be paid in from or collected in the boroughs of Manhattan, Brooklyn and Bronx, and forty-five per centum of such proceeds of suits for penalties and license feos as may be paid in from or collected in the boroughs of Queens and Richmond. 6. 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 thereof forfeited, de- ducted or withheld from any member or members of the fire department force, for or on account of absence from duty, to be paid monthly to the treasurer of the said relief fund, by the comptroller . . . . . .. , , of The City of New York, and the fire a subpoena, in such form, and subscribed rommisBioner , 8 authorized and empow- • in such manner as the fire commissioner his discretion, to deduct and ^ a ", Pr r,-71 be ' t0 , withhold pay, salary or compensation 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 from any member or members of said force, for or on account of absence from duty, except when such absence shall marshal. The said marshal shall be, and b '\f S 'ah B pnce°shnii i!i h' , ' t:5, Y f ° r a— „ k., I„ , which leave of absence shall have been hereby is authorized to administer and witiT th i , verify oaths and affirmations to persons panted, in accordance with the rules of appearing as witnesses before him; and false swearing in any matter or proceed-, _ „„ , . , tng aforesaid shall be deemed perjury and j ™ rl il l ™ ! ? "f ° shall be punishable as such. Upon the ; The City of , N f W °, rk ' aB c °D st * tutec l by presentation of satisfactory proof of due | thls act, and derived or received by any service of any such notice in the nature ; commissioner of excise or public officer, of a subpoena upon any such witness, and I from the granting of licenses, or permls- of a failure by such witness to obey the I s ' on to sell strong or spirituous liquors, same, it shall be the duty of the fire com- ale - wlno or beer, or of any moneys paid missioner to make an order that the said tor taxes upon the business of trafficking witness be arrested and brought before:' 0 or selling or dealing in strong or splr- said marshal, to testify what such witness ituous liquors, ale, wine or beer in the said department. 7. Ten per centum annually of all ex- may know in relation to the subject mat- ter of inquiry. Such order may be exe- cuted by any member of tho police force, by arresting and bringing such witness before the said marshal, but such witness shall not be detained longer than is neces- sary to take such testimony. The fire marshals shall have authority at all boroughs of Manhattan, Brooklyn and the Bronx under the provisions of any law of this state authorizing the granting of any such lieeDse or permission; and four and one-half per centum annually of such foes which are likewise derived or received for the granting of licenses or permission to sell strong or sp'ruuons times of the day or night, In performance liquors, ale, wine or beer In the of the duties imposed by the provisions oughs of Queens and Richmond; the said of this title, to enter upon and oxamlne ten per centum and the said four a : i any building or premises, when any fire one-half por centum thereof to be paid shall have occurred, and the building and premises adjoining and near to that In which the fire occurred Id,} commissioner may snpervlse In- vestigations by. by the comptroller of said city, who is hereby authorized and required to pay the same to the treasurer of the said re- lief fund for the benefit thereof, without any action or authority of or from the board of estimate and apportionment, provided, however, that sum, in addition to the income of the said relief fund Sec. 783. It shall be the duty of the fire j from all other sources, shall not be more commissioner to supervise and direct, j than sufficient to enable the trustee of whenever he shall be of opinion that the the New York fire department relief fund public interest will be subserved thereby, to meel in full all charges against said ike investigations, examinations, and pro- fund, without encroaching on t he surplus teedings of said marshals, and make all or principal thereof as the same existed needful and proper rules and regulations on the first day of January, nineteen in '-elation to the duties of the office, and hundred and three. The commissioner of Ike qi*”*** a* •’Performing the same. ‘the fire department of The City of New York is hereby constituted and declared to be the trustee of the New York fire de- partment relief fund, shall receive all moneys applicable to the same and de- posit the same, as such trustee, to the credit of such relief fund, in banks or trust companies 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 im- proved property worth twice the amount loaned, or in public stocks, as said trus- tee 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 reme- dies in the premises. The treasurer of said fund shall give a bond, with one or more sureties, in the sum of one hun- dred 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, shell 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 es- tablished, 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 or other valuable thing the annual income of which shall not exceed thirty thousand dollars in the whole; and in any year when the condition of said relief fund shall render it, in the judg- ment of the said trustees, 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 annu«i »S" timate of the fire commissioner and drawn and collected by him in like manner as the other moneys applicable to his et- penses; and such amounts so obtained shall, in like manner, be paid to and ap- , plied by the treasurer to the uses of said ' fund, by deposit or Investment as here- inbefore provided, as the trustee thereof shall direct. — As amended by Laws 1004, I Chapter 577, 8. On or before the first day of February of each year, the trustees shall make a verified report to the mayor of his pro- ceedings as such trustee, containing a statement of all receipts and disburse- ments on account of said fund, together with the names and residences of each beneficiary and the amounts paid to such beneficiary for or on account of said fund. Thero shall be an auditing committee con- sisting of three members, to be appointed by the mayor, as follows; Two members to be selected from among the officers and members of the uniformed force of the fire department, and one member to be select- ed from the retired members of the fire department It shall be the duty of this committee, on or before the first day of March in each year, to examine the condi- tion of said relief fund and to audit tha prrount of the said trustee. 9. There shall be paid to the treasurers cf the exempt or veteran volunteer fire- men's associations existing in the borough of Queens on the first day of January, nineteen hundred and one, quarterly, by the comptroller of The City of New York, for tho benefit of said associations and without any action or authority of or from the board of estimate and apportionment: a. Forty-five per centum annually of ail proceeds of suits for penalties under title® three of this chapter, which may be col- lected or paid in from the borough of Queens, and of all license fees payable under the same which may be collected or paid in from the borough of Queens, b. Four and one-half per centum annual- ly of all excise moneys or license fees be- longing to The City of New York, as con- stituted by this act, and derived or re- ceived by any commissioner of excise or public officer from the granting of licenses or permission to sell strong or spirituous liquors, ale, wine or beer, in the borough of Queens, under tlio provisions of any f 100 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK law of this state, authorizing the granting of any such license or permission. Said moneys shall be apportioned by said comptroller among all such exempt or veteran volunteer firemen’s associa- tions, in proportion to the actual bona tide membership of each such association on the first day of January next preceding the time when such apportionment is made. In determining the membership of such associations, only exempt or honora- bly discharged volunteer firemen shall be considered as members. 10. There shall be paid to the treasurer of the veteran firemen’s association of the north shore fire department of Staten Island, veteran and exempt volunteer firemen’s association of the Edgewater fire department of Staten Island, New York, veteran volunteer firemen’s asso- ciation of Tottenville fire department, and the south shore veteran and exempt volunteer firemen’s association, being ex- empt or veteran volunteer .firemen's as- sociations existing in the borough of Richmond at the time of the passage of this act, quarterly, by the comptroller of the city of New York for the benefit of eaid associations and without any action or authority of or from the board of es- timate and apportionment: a. Forty-five per centum annually of all proceeds of suits for penalties under title three of this chapter, which may be col- lected or paid in from the borough of Richmond, and of all license fees payable under the same which may be collected or paid in from the borough of Rich- mond b. Four and one-half per centum an- nually of all excise moneys or license lees belonging to the city of New York, as constituted by this act, and derived or received by any commissioner of ex- cise or public officer from the granting of license or permission to sell strong or spirituous liquors, ale. wine or beer in the borough of Richmond, under the pro- visions of any law of this state, author- izing the granting of any such licenses or permission. Said moneys shall be apportioned by said comptroller among 6uch exempt or veteran volunteer fire- men’s association in proportion to the actual bona fide membership of each such association on the first day of January next preceding the time when such apportion- ment is made. In determining the mem- bership of such associations, only exempt or honorably discharged volunteer fire- men shall be considered as members. — As amended by Laws 1907, Chapter 639. 11. There shall be paid 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 association at Hudson, New York, quarterly, by the comptroller of The City of New York without any action or authority of or from the board of estimate and apportionment: a. Ten per centum annually of ail pro- ceeds of suits for penalties under title | three of this chapter which may be col- J b. One per centum annually of all ex- J lected or paid in from the boroughs of j Queens and Richmond, and of all license fees payable under the same which may be collected or paid in from the boroughs of Queens and Richmond. b. One per centum annually of all ex rise 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 permis- sion to sell strong or spirituous liquors, ale, wine or beer in the boroughs of Queens and Richmond, under the provis- ions of any law of this state, authorizing ti e granting of any such licenses or per- mission —As amended by Laws 1904, Chap- ter 57". (Sub. div. 7). Retiring: members of 8re depart- ments pensions, etc. Sec. 790. The fire commissioner shall have power to retire from all service Ip the said fire department, or to relieve from service at fires, any • fficer or member of the uniformed force of said department, who may, upon an examination by the medical of- ficers, ordered by the said fire commis- sioner, be found to be disqualified, physi- cally 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 lim- ited service in case of partial disability; in every case the said fire commissioner is to determine the circumstances there- of, and said pension or allowance so al- lowed is to be in lieu of any salary re- ceived by such 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 services thereafter rendered, and the amount of such pension or allowance shall be determined upon the following conditions: In case of total permanent disability, at any time, caused in or in- duced by the actual performance of the duties of his position, or which may oc- cur after ten years’ active and continu- ous service in the said fire department, the amount of annual pension to be al- lowed shall be one-half of the annual compensation allowed such officer or member as salary at the date of his re- tirement from the service, or such less sum in proportion to the number of of- ficers and members so retired as the con- dition of the fund will warrant. But should permanent disability caused by injuries received in the active discharge of his duties disqualify him only from performing active duty in the unoformec force, he shall be employed at the salary received when such disability occurred in some position in the department not re- quiring active service as a fireman. In case of total permanent disability not caused in or indused by the actual per- formance of the duties of his position, or which shall have occurred before the ex- piration of ten years active and continu- ous service in the said fire department, the amount of annual pension to be al- lowed shall be one-third of the annual compensation allowed such officer or member as salary at the date of his re- tirement from the service, or in propor- tion to the number of officers and mem- bers so retired, as the condition of the fund will warrant. In case of partial per- manent 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 service, 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 re- lieved, or such less sum, in proportion to tho number of officers and members so retired, as the condition of the fund will warrant. In case of partial disability, not caused or induced by the actual perform- ance 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 dis- abled shall be relieved from active service at fires, but shall remain a member of the uniformed force, subject to the rules gov- erning 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 al- lowance to be paid to such officer or mem- ber shall not exceed one-third of the an- nual compensation allowed as salary at the date of his being so relieved, or such less sum as the fire commissioner may, in hts discretion, determine, or as the condi- tion of the fund will warrant. Any officer or member of the uniformed force of the said fire deprtroent of The City of New York, who has or shall have performed duty therein for a period of twenty years or upward, shall upon his own applica- tion, in writing, or upon a certificate of the board of medical officers showing that such member is permanently disabled, physically or mentally, so as to be unfit for duty, be retired and dismissed from said force and service, and placed on the roll of the relilef 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 com- pensation of such member so retired. The pensions granted under this section shall be for the natural life of the pensioner, and shall not be revoked, repealed or di- minished; provided, however, that no member of either of the uniformed fir* departments by tbis act consolidated, having a right to retire on pension at' the time this act takes effect, shall be de- prived of such right by reason of his re- maining a member of said fire department, or of anything in this act contained. Trustees of relief fond; when to par pensions. Sec. 791. The trustee of the relief fund is authorized and empowered, from time to time, to pay a pension out of said re- lief fund to the widow, child or children or dependent parent or parents ot any deceased officer or member of the uni- formed force of the said fire department, if the death of such officer or member occur during his service in the said uni- formed force, or after he was retired from service in the 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 circum- stances ot each case, and that such pen- sion may be ordered to cease and termi- nate 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 hundred dollars shall be paid in any one year to the repre- sentative or representatives of such offi- cer 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 eighteen years. In case any officer or regular or probationary mem- ber of the uniformed force of said de- partment was heretofore or is hereafter killed while actually engaged in the per- formance of duty, or if death ensues. 'or has heretofore ensued, or resulted in a disease which caused death, as the im- mediate effect of injuries 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, except as herein provided. one-half of the salary or compensation of such officer, or member at the date of his decease, and in the case of a probationary member in an amount not to exceed one-half th9 salary or compensation of a fourth grade member. If in the case of any officer or any regular or probationary member, of the uniformed force of said department, heretofore or hereafter killed while ac- tually engaged in the performance ot duty, one-half of the salary or compensa- tion of such officer or member at the data of his decease does not equal six hun- dred dollars, the trustee of such 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 such relief fund, in an amount not to exceed six hundred dollars. If such officer or member dying leaves no widow surviving him. but leaves a child or chil- dren, under the age of eighteen years, or dependent parent or 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 an amount not to exceed one- Eagle Library— THE CHARTER OF THE CITY OF NEW YORK half of the salary or allowance of such officer or member at the date of the de- cease. The amount of such annual al- lowance to any 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 con- duct which, in the opinion of said trus- tee, renders further payment inexpedient. The amount of such annual allowance to aby 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, remarriage or misconduct, the said trustee shall have power to make payments 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 sur- viving him. The widows and orphans and retired members of the Brooklyn fire de- partment, or of any other fire depart- ment of any of the municipal and public corporations or parts thereof hereby con- solidated, shall be entitled to receive from the fire department pension fund herein created the amounts which they would respectively have been legally en- titled to receive on the thirty-first day of December, eighteen hundred and nine- ty-seven, from any fire department pen- sion or relief fund heretofore existing in any of said municipal corporations or parts thereof. — As amended by Laws 1908, Chapter 354. Life insurance fand. Sec. 792. The life insurance fund shall consist of all moneys that are now to the credit of the New York fire department life insurance 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 probationary fireman of said department, and from the monthly pension of retired members of said de- partment, and from the pay of such other employees of said department as shall heretofore have availed thmeselves of this provision until, as hereinafter pro- vided, the amount of said fund shall equal the sum of twenty-five thousand dollars, the monthly sum of one dollar, which shall be received and deposited by the treasurer of the relief fund to the credit of the New York fire department life in- surance fund, in a bank or trust company to be selected by him and to continue to receive and deposit the funds applicable to the same to the credit of said fund. The said treasurer shall make a semi- annual report verified by him of the con- dition of said fund containing a state- ment of all receipts and disbursements for or on account of said fund, together with names of all beneficiaries and the amount paid to each, and file said re- port in the office of the comptroller. When the amount of such fund shall equal the sum of twenty-five thousand dollars, assessment shall only be made to maintain said fund at the said sum of twenty-five thousand dollars. In case of the death of any member or em- ployee of said department in the serv- ice 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 employee, 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 ag- gregate amount of money so provided to b'e assessed and collected should prove Inadequate to make such payment, then the assessment mav, in the discretion of ■aid' trustee, be increased to not ex ceeding the sum of two dollars in each month’s pay or each month’s pension of pensioned and retired members of said department. None but members of the uniformed force and probationary firemen 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 trustee, necessary, a sum not exceeding five thousand dollars may be transferred and paid over from the said relief fund tc> the said life insurance fund for the use and purpose of said life insurance fund. — As amended by Laws 1908, Chapter 355. TITLE 6. [As amended and added (Sections 798 to 815-b, inclusive) by Chap. 694, Laws of 1915], TAX UPON FOREIGN INSURANCE COMPANIES AND THEIR AGENTS. Sec. 798. Corporations liable to taxation. Sec. 799. Moneys paid to depart- ment by insurance companies, et cetera. Sec. 800. Report of premiums by agents. Sec. 801. Undertaking. Sec. 802. Undertaking; renewal of. Sec. 803. Undertaking; penalty for not executing. Sec. 804. Demand for reports. Sec. 805. Place of business to be recorded. Sec. 806. Suits for violations. Sec. 807. Arrest of defendant. Sec. 808. Distribution of tax on policies covering property in the bor- ough of Manhattan. Sec. 809. Distribution of tax on policies covering property in the bor- ough of Brooklyn. Sec. 809-a. Trustees of the Benevo- lent Fund of the late city of Brook- lyn; how formed. Sec. 809-b. Trustees of the Exempt Firemen’s Benevolent Fund of the county of Kings; how formed. Sec. 810. Distribution of tax on policies covering property in the bor- ough of Richmond. Sec. 810-a. Trustees of the Benevo- lent Fund of the borough of Rich- mond; how formed. Sec. 811. Distribution of tax on policies covering property in the bor- ough of Queens. Sec. 811-a. Trustees of the Benev- olent Fund of the borough of Queens; how formed. Sec. 812. Distribution of tax on policies covering property in the bor- ough of The Bronx. Sec. 812-a. Trustees of the Benev- olent Fund of the borough of The Bronx; how formed. Sec. 813. Fire commissioner to re- port. Sec. 814. Trustees of Benevolent Fund to report. Sec. 815. Powers of fire commis- sioner with respect to funds. Sec. 815-a. Miscellaneous. Sec. 815-b. Trustees or officers of benevolent funds; removal of. Corporations IJable to Taxation. Sec. 798. Any corporation or as- sociation 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 be liable to taxation upon such assets, funds or invested capital as the same is levied or as- sessed yearly by law, which tax shall be paid as follows: Such an amount thereof as would be equal to two per 'centum tifjn It* gross pt '.•rpiunv re 101 1 ceived for insurance upon property, in the city of New York shall, except as otherwise in this title provided, be paid annually to the fire commissioner as treasurer 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 corporation or association mak- ing the same from any and all further taxation upon its premiums, cap- ital or assets; and whenever such capital shall be reduced below said sum of one hundred and fiftv thousand dollars, or withdrawn entirely, then, and in either event, such corporation or association shall be liable to pay the tax upon its pre- miums as heretofore provided in this title. Moneys Paid to Department by Insur- ance Companies Et Cetera. Sec. 799. There shall be paid to the fire commissioner as treasurer of the fire department, for the use and benefit of said fire department, on the first day of February, in each year, by every person who shall act as agent for or on behalf of any individual or associa- tion of individuals, not Incorporated by the laws of this state, to effect in- surance against losses or injury by fire in the city of New York, although such individuals or association may be in- corporated 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 end- ing on the next preceding thirty-first day of December, shall have been re- ceived by such agent or person, or re- ceived by any other person for him, or shall have been agreed to be paid for any insurance against loss or injury by fire in the city effected, or agreed to be effected, or promised by him as such agent. Report of Premiums by Agents, Sec. 800. Every person who shall act as agent as aforesaid shall, on the first day of February, in each year, render to the fire commissioner as treasurer of the fire department a just and true report, verified by his oath, of all such premiums which, during the year ending on the thirty-first day of December preceding, shall have been received by him, or by any per- son for him, or which shall have been agreed to be paid for any such insur- ance effected, or agreed to be effected, or promised by him. The reports to be made under this section in nine- teen hundred and sixteen shall also in- clude all business done by such agent from the first day of September, nine- teen hundred and fourteen, to the thirty-first day of December, nineteen hundred and fifteen. The fire com- missioner shall prescribe the form and furnish on demand the necessary blanks to enable such agents to make such reports. He shall have power by himself or his designated repre- sentative to examine any such agent under oath and to require the produc- tion by such agent of all books and papers as he may deem necessary. All expense of collecting such tax shall be paid by said commissioner from the funds received under this title prior to the distribution thereof hereinafter authorized. Undertaking. Sec. 801. No person shall, as agent or otherwise, effect, or agree to effect, or procure to be effected, any insurance upon which the tax above mentioned is required to be paid, until he shall have executed and delivered to the said fire commissioner, an undertak- ing, under seal, to the fire commiaf" sionc-r, with sue* '""yeties as the aa* 102 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK commissioner shall approve that he will, on the first day of February, in each year, render a just and true re- port, verified by his oath, of all such premiums, which, during' the year end- ing on the thirty-first day of Decem- ber preceding, shall have been re- ceived by him, or by any person fo: him, or which shall have been agreed to be paid for any such insurance ef- fected, or agreed to be effected, or promised by him, and that he will, on ihe first day of February in each year, pa"y to the said fire commissioner two dollars upon every hundred dollars, and at that rate upon the amount of such premiums. Undertaking; Renewal of. Sec. 80 2. Whenever, by reason of the failure of the sureties or cither of them, or for any other cause, an un- dertaking given under the last preced- ing section shall have or may be deemed insufficient by the said fire commissioner to secure a return of the report and the payment of the tax aforesaid, or either of them, the said commissioner, at his election, but not oftener than once in each year, may require such undertaking to be re- newed. Undertaking; Penalty for Not exe- cuting. Sec. 803. Every r person who shall ef- fect. agree to effect, promise or pro- cure any insurance mentioned in the preceding sections of this title, with out having executed and delivered the undertaking hereinbefore required, shall for each offense, forfeit one thousand dollars, for the use of the said tire department; and every per- son who shall have been required by the fire commissioner to renew his un- dertaking, pursuant to the last pre- ceding section, who shall effect, agree to effect, promise or procure any such insurance, without having executed and delivered the renewed undertak- ing, shall for each offense forfeit one thousand dollars, for the use of the id fire department. Demand for Reports. Sec. 804. It shall be lawful for the fire commissioner on or after the first day of January in each year, by writ- ten or printed notice, to require from every person who shall act as agent, as aforesaid, the report provided for in this title, and payment of the tax pro- vided for; such notice may be de- liv?red personally to such agent, or at his office or place of busi- ness to any person having chargs thereof, and any person upon whom such notice is served as herein pro- vided. who shall neglect to render the report or to pay the tax demanded, or either of them, on or before the first day of February or within ten days after the service of such notice, shall forfeit 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 *he expira- tion of said ten days, and such addi- tional penalty may be computed and recovered up to the time of any suit for the recovery thereof. Place of Business to Be Reported. Sec. 805. Every person who shall act as agent, as aforesaid, shall, on the first day of February in each year, and as often in each year as he shall change his place of business report in writing, under his proper signature, to the fire commissioner as treasurer of the said fire department, the street and the number thereof in the said city, or elsewhere, of his place of busi- ness 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 par- ticulars, such person shall forfeit for every offense the sum of one thou- sand dollars, for the use of the said fire department. Every insurance company referred to in this title shall, on demand of the fire commissioner, furnish to him the names and ad- dresses of all persons authorized by it to write insurance against loss or in- jury by fire on property situate in such city. Suits for Violations. Sec. 806. The tax provided to be paid by this title, the damages for any breach of the undertakings, or either of them, provided for therein, and the pecuniary 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 tlie use of said department. Arrest of Defendant. Sec. 807. The defendant in any ac- tion to be brought for the recovery of any penalty incurred, or any tax 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 defendant 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 af- fidavit, ehat a sufficient cause of action exists under this title, and that the defendant is not a resident of this state, or is about to remove theie- from. Distribution of Tax on Policies Cover- ing Property in the Borough of Manhattan. Sec. 808. The moneys received by the fire commissioner under the pro- visions of this title as tax on po’icies covering property in the borough of Manhattan shall be quarterly paid and disbursed by said fire commissioner as follows: First. To the Firemen's Associa- tion of the State of New York for the endowment, benefit and maintenance of the Volunteer Firemen’s Home a' Hudson, New York, ten per centum. Second. To the trustees of the Ex- empt Firemen’s Benevolent Fund of the City of New York, as follows: (a) Forty-five per centum thereof until the seventeenth day of January, nineteen hundred and twenty-two. After that cate: (b) Forty per centum thereof until the seventeenth day of January, nine- teen hundred and twenty-seven, a. er that date: (c) Thirty per centum thereof until the seventeenth day of January, nine- teen hundred and thirty-two. The same to be expended by said trustees as authorized by the charter of said Benevolent Fund and the sev- eral acts amendatory thereof and sup- plemental thereto. Third, To the New York Fire De- partment relief fund, as follows: (a) Forty-five per centum thereof until the seventeenth day of January, nineteen hundred and twenty-two. After that date: (b) Fifty per centum thereof until the seventeenth day of January, nine- teen hundred and twenty-seven. After that date: (c) Sixty per centum thereof until the seventeenth day of January, nine- teen hundred and thirty-two. Distribution of Tax oil Policies Cover- ing- Property in the Borough of Brooklyn. Sec. 809. The moneys received by the fire commissioner under the pro- visions of this title as a tax on policies i covering property in the borough of/ 'So in original Brooklyn shall be quarterly paid and disbursed by said fire commissioner as follows: First. To the Firemen’s Associa- tion of the State of New York for the endowment, benefit and maintenance of the volunteer firemen’s home at Hudson, New York, ten per centum. Second. To the New York fire de- partment relief fund, forty-five per centum until Lho seventeenth day cf January, nineteen hundred and thirty- two. Third. To the trustees of the ex- empt firemen's benevolent fund of the late city of Brooklyn, as follows: (a) Twenty-eight per centum there- of until the seventeenth day of Janu- ary, nineteen hundred and twenty- two. After that date: (b) Twenty-three per centum there- of until the seventeenth day of Janu- ary, nineteen hundred and thirty-two. The same to be expended by said trustees only as provided in section eight hundred and nine-a hereof and the other provisions of this title. Fourth. To the trustees of the ex- empt firemen’s benevolent fund of the county of Kings, as follows: (a) Seventeen per centum thereof until the seventeenth day of January, nineteen hundred and twenty-two. After that date: (b) Twenty-two per centum there- of until the seventeenth day of Janu- ary, nineten* hundred and thirty-two. The same to be expended by said trustees only as provided in sect : on eight hundred and nine-b hereof a.id the other provisions of this title. Trustees of the Benevolent Fund of the Late City of Brooklyn; How Formed. Sec. 809-a. The trustees of the ex- empt volunteer firemen’s benevolent j fund of the late city of Brooklyn, shall I consist of nine trustees, three to bo elected by each of the exempt volun- teer firemen’s associations in said for- mer city of Brooklyn, to wit: The widows and orphans’ fund of the late volunteer fire department of the west- ern district of the late city of Brook- lyn; the widows and orphans’ fund of the late vo)unt°er fire department of the eastern district of the late city of Brooklyn, and The Volunteer Fire- men's Exempt Association of Brook- lyn, western district, in.orpot ated. Within ninety days after this title takes effect, each of said associations shall elect three of such trustees, one to serve for one year from the first day of September, nineteen hundred and fifteen, one to serve for two years from said date and one to serve for | three years from said date, and there- after each of said associations shall elect one of said trustees to serve for three years from the first day of September following his election. On the first Tuesday in October of each year, the trustees of said benevolent fund hereby created shall elect from their members a president, vice-pres- dent, secretary and treasurer. Such treasurer shall file with the fire com- missioner, within ten days after his election, a bond in such sum not less than ten thousand dollars, as shall be determined by said trustees, and with sureties also approved by them and the fire commissioner, conditioned for the faithful performance of his duty as such treasurer and the due account- mfi by him for all moneys which shall he received by him as such treasurer. All funds received by said trustees under the provisions of this title shall be expended by them for the relief of all indigent or disabled volunteer fire- men, their widows and orphans, who served in a duly organized volunteer fire company five years as such in the territory known as the city of Brook- lyn exclusive of the towns mentioned Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 103 In section eight hundred and nine-b of this title, and were honorably dis- charged from their company or from 6aid fire department after such five years of service or who were mem- bers of a duly organized volunteer fire company within such territory dis- banded by the installation of a paid fire department, for at least one year prior to such disbandment. Every such volunteer fireman, his widow and children, shall be entitled to equal benefits of said fund without regard to whether or not he Is a 'rnember of any of the associations electing said trustees. Trustees of the Exempt Firemen’s Benevolent Fund of the County of Kings ; How Formed. Sec. 809-b. The trustees of the ex- empt firemen’s benevolent fund of the county of Kings shall consist of ten trustees, two to be elected by each of the five exempt volunteer firemen’s as- sociations now in said county, outside of the late city of Brooklyn, to wit: The Exempt Firemen’s Association of the former town of New Lots; the Flatlands Volunteer Firemen’s Asso- ciation of the former town of Flat- lands; the Gravesend Exempt Volun- teer Firemen’s Association of the for- mer town of Gravesend; the New Utrecht Exempt Firemen’s Association of the former town of New TJtrecht; and the Flatbush Volunteer Firemen’s Association of the former town of Flatbush. Within ninety days after this title takes effect, each of said as- sociations shall elect two of such trus- tees, one to serve for one year from the first day of September, nineteen hurdred and filt°en, and one to serve for two years from said date, and thereafter each of said associations shall elect, one of such trustees to serve for two years from the first day of September following his electirm. On the first Tuesday in October of each year, the trustees of said benevo- lent fund shall elect ’rom tneir mem- bers a president, vice-president, secre- tary and treasurer. Such treasurer shall file with the fire commissioner within ten days after his election, a bond in such sum not less than five thousand dollars as shall be deter- mined by said trustees, and T ’ith sure- ties also approt 3d by them ard the fire commissioner, conditioned for the faithful performance of his duty as such i .-easurer and the due accounting by h'm for all moneys which shall be received by him as such l;eas- urer. All funds received by such trustees 'under this title shall be ex- pended by them in the relief of all in- digent or disabled vclunteer firemen, their widows and orp) ans, who served in a duly organized volunteer fire com- pany five years as si.ph in the terri- tory of the former tov ns ennumerated herein, and who were discharged after such five years of sertice or who were members of a duly organized volunteer fire company within said territory dis- banded by the installation of a paid fire department for at least one year prior to such disbandment. Every such volunteer fireman, his widow and children, shall be entitled to equal benefits of such fund without regard to whether or not he is a member of any of the associations electing 3uoh trustees. Distribution of Tax on Policies Cover- ing Property In the Borough of Richmond. Sec. 810. The moneys received by the fire commissioner under the pro- visions of this title as tax on policies covering property in the borough of Richmond shall be quarterly paid and disbursed by said fire commissioner as follows: First. To the Firemen's Association I of the State of New York for the en- , dowment, benefit and maintenance of the volunteer firemen’s home at Hud- son, New York, ten per centum. Second. To the trustees of the Ex- empt Firemen’s Benevolent Fund of the Borough of Richmond, as follows: (a) Forty-five per centum thereof until the seventeenth day of January, nineteen hundred and twenty-two. After that date: (b) Fifty per centum thereof until the seventeenth day of January, nine- teen hundred and twenty-seven. After that date: (c) Fifty-five per centum thereof until the seventeenth day of January, nineteen hundred and thirty-two. The same to be expended by said trustees only as provided in section eight hundred and ten-a hereof and the other provisions of this title. Third. To the New York fire de- partment relief fund as follows: (a) Forty-five per centum thereof until the seventeenth day of January, nineteen hundred and twenty-two. After that date: (. b ) Forty per centum thereof until the seventeenth day of January, nine- teen hundred and twenty-seven. After that date: (c) Thirty-five per centum thereof until the seventeenth day of January, nineteen hundred and thirty-two. Trustees of the Benevolent Fund of the Borough of Richmond; How Formed. Sec. 810-a The trustees of the Ex- empt Firemen’s Benevolent Fund of the Borough of Richmond shall con- sist of eight trustees, two to be elected by each of the four exempt volunteer firemen’s associations now in said bor- ough, to wit: The Veteran Firemen’s Association of the North Shore Fire- Department of Staten Island; the Vet- eran and Exempt Volunteer Firemen’s Association of the Edgewa':er Fire De- partment of Staten Island; the Vet- erf n Volur. eer Firemen’s Association of Tottenv He Fire Department, and the South Shore Veteran and Exempt Volunteer Firemen’s Association. Within ninety days after this title takes effect, each of said associations shall elect two of such trustees, one to serve for one year from the first day of September, nineteen hundred and fifteen, and one to serve for two years from said date, and thereafter each of said associations shall elect one of such trustees to serve for two years from the first day of September following his election. On the first Tuesday of October of each year, the trustees of said Eenevolerf Fund shall meet and elect luom the— - members a president, vice-president, secretary and treas- urer. Such treasurer shall file with the fire commissioner within ten days after his election, a bond in such sum not less than two thousand dollars as shall be determined by said trustees, and with sureties also approved by them and the fire commissioner, con- ditioned for the faithful performance of his duty as such treasurer and the due accounting by him for all moneys which shall be received by him as such treasurer. All funds received by such trustees under this title shall be ex- pended by them in the relief of all in- digent or disabled volunteer firemen, the.r widows and orphans, who served in a duly organized volunteer fire company five years as such In the ter- ritory now included in the borough of Richmond and who were honorably discharged after such five years of service or who were members of a duly organized volunteer fire company within such territory disbanded by the installation of a paid fire department, for at least one year prior to such dis- bandment. Every suoh volunteer fireman, his widow and children, shall be entitled to the equal benefit of such fund without regard to whether or not he is a member of any of the associ- ations electing such trustees or whether his service as such volunteer fireman was before or after this title takes effect. Distribution of Tax on Policies Cover- ing Property in the Borough of Queens. Sec. 811. The moneys received by the fire commissioner under the pro- visions of this title as a tax on policies covering property in the borough of Queens shall be quarterly paid and disbursed by said fire commissioner as follows: First. To the Firemen’s Associa- tion of the State of New York for the endowment, benefit and maintenance of the volunteer firemen’s home at Hudson, New Y r ork, ten per centum. Second. To the trustees of the Ex- empt Firemen’s Benevolent Fund of the borough of Queens, as follows: (a) Forty-five per centum thereof until the seventeenth day of January, nineteen hundred and twenty-two. After that date: (b) Fifty per centum thereof until the seventeenth day of January, nine- teen hundred and twenty-seven. After that date: (c) Fifty-five per centum thereof until the seventeenth day of January, nineteen hundred and thirty-two. The same to be expended by said trustees only as provided in section eight hundred and e!even-a hereof ar.d the other provisions of this title. Third. To the New York Fire De- partment Relief Fund as follows: (a) Forty-five per centum thereof until the seventeenth day of January, nineteen hundred and twenty-two. After that date: (b) Forty per centum thereof until the seventeenth day of January, nine- teen hundred and twenty-seven. After that date: (c) Thirty-five per centum thereof until the seventeenth day of January, nineteen hundred and thirty-two. Trustees of the Benevolent Fund of the Borough of Queens; How Formed. Sec. 811-a. The trustees of the ex- empt volunteer firemen’s benevolent fund of the borough of Queens shall consist of twenty-four trustees, three to be elected by each of the eight ex- empt volunteer firemen’s associations now in said borourh, to wit: The Ex- empt Firemen’s A jsociation of the Town of Newtown; ihe Exempt Fire- men’s Association, Fjfth ward, bor- ough of Queens; the Veteran Volun- teer Firemen’s Association of the Vil- lage of Jamaica; the Woodhaven Ex- empt Volunteer Firemen’s Association; the Exempt h iremen’s Association of Flushing; the Veteran Firemen’s As- sociation of Long Island City; the Ex- empt Firemen’s Benevolent Associa- tion of College Point. Within ninety days after this title takes effect, each of said associations shall elect three of such trustees, one to serve for one year from the first day of September, nineteen hundred and fifteen, and one to serve for two years and one for three years from said date and there- after each of said associations shall elect one of said trustees to serve for three years from the first day of Sep- tember following his election. On the first Tuesday of October of each year, the trustees of said benevolent fund shall meet and elect from their mem- bers a president, vice-president, sec- retary and treasurer. Such treasurer shall file with the fire commissioner within ten days after his election, a bond in such sum, not less than three thousand, dollars, as shall be deter- mined by said trustees, and with sure- ties also approved by them and by the fire commissioner, conditioned for the faithful performance of his duty as such treasurer and the due accounting 104 Eagle Library — THE CHARTER OF THE CITY OF NEW YORK by him for all moneys which shall .be received by him as such treasurer. All funds received by such trustees under this title shall be expended by them for the relief of all indigent or dis- abled volunteer firemen, their widows and orphans, who served in a duly or- ganized volunteer tire company five years as such in the territory now in- cluded in the borough of Queens and who were honorably discharged after buch five years of service, or who were members of a duly organized volunteer fire company within such territory dis- banded by the installation of a paid tire department, for at least one year prior to such disbandment. Every such volunteer fireman, his widow and children, shall be entitled to the equal benefit of such fund without regard to whether or not he is a member of any r license, or permit the building or re- building, of temporary wharf struc- tures, and said commissioner may lease land covered with water belong- ing to The City of New York, for tne purpose thereof, such lease, or permit to continue and remain at the will and pleasure of said commissioner, o’- for a time not longer than until the wharves, piers, bulkheads, basins, docks or slips to be built or construct- ed according to such plan or plans, shall in the judgment of said commis- sioner, require and need to be built or constructed; and provided, further, that the commissioner of docks, yvith the consent and approval of the com- missioners of the sinking fund, may alter and extend the present pier head line, as now established on the Hud- son 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 pie”s al- ready built out to said lines; and may build new piers or extend pier head lines as are now or may hereafter be established by the sec- retary of war under act of congress. The commissioner of docks is hereby authorized and empowered, with the consent and approval of the commis- sioners of the sinking fund, after a public hearing shall have been given by said commissioners, of which hear- ing and its purposes at least seven days’ notice shall be published in the City Record, to alter, amend and mod- ify any and all existing plans for the improvement of the water front here- inbefore recited or which may have been determined upon or adopted in pursuance hereof notwithstanding that any or all of such plans may have been wholly or partially physically perfect- ed and improvements made in con- formity therewith. And any such al- teration, amendment or modification may include the elimination and clos- ing of any marginal wharf, street or place shown on any plan, whether or not such marginal wharf, street or place has been physically constructed, and any such altered, amended or modified plan or any new plan de- termined upon or adopted in pursu- ance of the provisions of this section need nut provide for or show any such marginal wharf, street or place. When- ever th® plan so determined upon and adopted, or hereafter to be determined upon and adopted, shall include the widening of an exterior street or, ave- nue, or the opening and construction of a n$w exterior street or exterior avenue, or the abandonment or closing of such street or avenue already in ex- istence, the power to widen, open, con- struct, abandon or close the same shall exclusively reside with the said com- missioner of docks, who is hereby au- thorized 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 commissioner 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 he a public street, but shall be a marginal wharf, and shall be used in ’.hat 1 egard in such manner from time 106 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK to time as the commissioner of docks shall, by resolution, determine. The commissioner of docks shall have ex- clusive 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 ad- vantage in connection with the wharves and bulkheads; and the commissioner of docks shall have the power to regu- late, by license or by any other suit- able means, the transfer of goods and merchandise upon, over or under all such marginal streets; except that the - said commissioner 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 hun- dred and two of the laws of eighteen hundred and ninety-three and acts amendatory thereof. [As amended by Laws of 1913, chap. 327.] Surveys of water fronts. See. 820. The commissioner of (locks 13 authorized to cause to be made the neces- sary surveys, soundings and other exami- nations ot the water front of The City of N'evr York, as constituted by this act, •.here the same has uot already been de- xermined, and to ascertain the capacities and requirements of said water front for adaptation to commercial and other uses. Construction of piers and docks reg- ulated. Sec. 821. In executing the plan or plans mentioned in section eight hun- dred and nineteen of this act, the com- missioner of docks shall proceed, ac- cording to said plan or plans, to lay out, establish, and construct wharves, piers, bulkheads, basins, dock's, or slips in the territory or district embraced in such plan cr plans, and in and upon or about the property owned by The City of New York, without interfering with the property or rights of any other person except so far as may be necessary to insure the safety and sta- bility of the wharves, piers, bulkheads, basins or slips so to be constructed. And the said commissioner may com- mence and carry on such construction in sections of said territory or district from time to time so as not to serious- ly 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 commissioner of docks, be per- formed as follows; The said commis- sioner of docks shall prepare full and minute specifications for such work, and advertise for proposals for doing said work under said plan or plans, and according to such specifications; proposals therefor shall be signed by the bidders for the said work and be sent to the said commissioner within the time specified in such advertise- ment, accompanied by a bond in the form set forth in said specifications, duly executed. The said commissioner of docks shall open said proposals on a day to be specified In ciicn advertisement and shah examine :nem and, uness Uie said commis- sioner shall deem it for the interest of the city to eject all bids, shall award the contract for such work to the lowest responsible bidder comply- ing with such plan or plans and speci- fications; such contract shall be exe- cuted by the said commissioner of docks on behalf of The City of Now Y r ork, and shall always contain pro- visions as to the time of commencing and completing said work and for the retention of ten per centum of its con- tract price, until the completion of said work as security for its per- formance, and for the forfeiture of said contract for nonperformance of the terms thereof. Said commissioner of docks may, upon the forfeiture of any such contract, proceed to com- plete the work thereunder without contract or may readvertise for pro- posals 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 en- titled to a contract until his bid be approved and accepted by said com- missioner of docks. [As amended by Laws of 1913, Chap. 411.] Work of construction not under new plan; repairs. Sec. 821-a. The commissioner of docks is hereby authorized to perform all work of construction not provided for in section eight hundred and twenty-one of this act and to make repairs to cay and all wharf property, placed under his charge and control by section eight hundred and eighteen of this act, by the force and equipment of the department of docks and ferries; provided that no dredging shall be contracted for and no ma- terials or supplies shall be purchased except as provided in section four hun- ! dred and nineteen of this act. [Added j by Laws of 1913, Chap. 411.] Acquisition of wharf property "by tlif* city of New York; proceedings to acquire. Sec. S22. The commissioner of docks, with the approval of the com- missioners of the sinking fund, is au- thorized to acquire in the name and for the benefit of the city of New York any and all wharf property or any rights, terms, easements and privileges pertaining to any wharf property in said city that is not owned by the city or to which it has no right or *itle; and the said commissioner may acquire the same either by purchase or by process of law, as herein provided. He 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 said commissioners approve of such agreement the commissioner of docks shall take from the owners, at such price, the necessary conveyances and covenants for vesting said prop- erty, rights, terms, easements or priv- ileges in, and assuring the same to the city of New York forever, and said owners shall be paid such price from the city treasury as provided in this act. If, however, the commissioner of docks shall deem it proper and expe- dient that the city of New Yofk should acquire possession of such wharf prop- erty, rights, terms, easements or priv- ileges by process of law, as herein pro- vided, without having first attempted to agree with the owners thereof for the purchase of such wharf property, rights, terms, easements or privileges, lie may, with the approval of the com- missioners of the sinking fund, direct the corporation counsel to take legal proceedings to acquire the same for the city. Thereupon, the corporation counsel shall take the same proceed- ings to acquire such wharf property, rights, terms, easements or privileges as are by law provided for the taking of private property in said city for public streets or places, and the pro- visions of law relating to the taking of private property for public streets or places in said city are hereby made applicable, as far as may be necessary, in any legal proceeding taken under this section; provided, however, that lie shall not institute any such pro- ceeding until its institution shall have been approved by the board of esti- mate and apportionment upon a state- ment to be furnished said board of the valuation of the real property to be ac- quired as assessed for purposes of tax- ation. On approving the Institution of any such proceeding prior to the first day of January, nineteen hundred and seventeen, said board of estimate and apportionment shall determine wheth- er tlie compensation to be made to the owners of the real property to be ac quired shall be ascertained by the su- preme court without a jury or by three commissioners of estimate to be ap- , pointed by the said court. On and after the first day of January, nineteen hundred and seventeen, such com- pensation shall be ascertained and de- termined by the supreme court with- out a jury. In a proceeding hereafter brought for the acquirement of any such wharf property, rights, terms, easements or privileges, or uplands, or lands under water, it shall not be recessary for the commissioner of docks to make any attempt to agree with the owners of the same upon a price for its acquisition, before com- mencing the proceedings authorized by this section, and, if the commissioners of the sinking fund shall by resolu- tion so direct, the title to the name ;shall vest in the city of New York at such time as said resolution shall direct, after the entry of the order granting the application to condemn ir, any proceedings in which the com- pensation is to be determined by the supreme court without a jury or after the filing, in the office of the clerk of ithe county where such proceedings are pending, of the oaths of the com- missioners of estimate in proceedings in which the compensation is to be de- termined by commissioners of esti- mate to be appointed by the court, as the case may be; and all of 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, lands under water or uplanc's, shall cease and de- term: r.e and be extinguished at such I time. AM the awards macie in such proceedings for the value of property .acquired or interests extinguished ' shall draw interest from the time of ! he vesting of the title in the city of i'ew York. The commissioner of docks is aiso empowered to acquire by purchase or by pre :ess of law, as p ?vided in this section, the title to such lands under water and uplands, or any rights, terms or easement- appertaining thereto, within the city of New York, as he shall deem necessary to be taken for the improvement of the waterfront or for the equipment, maintenance or operation of a ferry, or for the ac- qui ament of terminal facilities there- for or approaches thereto upon the j waterfront of the bc.ough of Rich- mond or upon the wt>' erfront of the borough of Brooklyn. Provided that said commissioner of docks, with the | approval of the commissioners of the sinking fund, hereby is empo wered to i 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 de- ; purtment 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 here- | alter adopted and approved, pursuant 1 to this chapter, during the period 1 which shall intervene prior to the ex- tinguishment of such private owner- ship by the city of New York, such improvement to be made by such owners under the supervision of or by the commissioner of docks, as may be agreed upon, at the cost and expense of such private owr ms, in the first in- stance, and upon such reasonable terms as to reimbursing said private owners for such improvements, and as to wharfage and other riparian rights thereon and therefrom, as may he agreed upon. All agreements, and licenses or permits heretofore made or entered into between the mayor, aider- men and commonalty of the city of i New Y T ork and any private owners, as to the making of like improvements upon their property, are hereby rati- fied, confirmed and made valid. The , pro ,’isions of this section shall apply 107 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK to any wharf property, lands under water, uplands, rights, terms, ease- ments or privileges, when required for the equipment, maintenance or opera- tion of ci ferry or the acquirement of terminal facilities therefor, or ap- proaches thereto, upon the waterfront of the city of New York, whether such wharf property, lands under water, uplands, rights, terms, easements or privileges have been previously taken for a public use or not. [As amended by Chap. 597, Laws of 1915.] Sejinrnte or Partial Reports in Pro- ceedings to Acquire Wharf Property. See. 822-a. The commissioners of esti- mate and appraisal, appointed and quali- fied in any legal proceeding heretofore or hereafter taken by the corporation coun- sel of The City of New York to acquire for the said city any property or rights pursuant to section eight hundred and twenty-two of this act, may, upon the completion or closing of the testimony by the claimant or claimants in relation to any one or more of several parcels of land, premises or property embraced In such proceeding, upon consent of the corporation counsel of The City of New York, receive the testimony to be sub- mitted on behalf of said city relating to such parcel or parcels, and may thereupon immediately ascertai and estimate the compensation which ought, justly, to he made, according to law, by The City of New York to the respect. ve owners, lessees, parties and persons respectively entitled to or interested in one or more of said several parcels of land, premises or property, and make and file a sep- arate abstract of estimate and report as to any or all of such several parcels and submit such separate abstract of estimate anc. a report to the supreme court. Each of such separate abstracts of estimate and such reports shall be made in the manner specified for the making and filing of the abstract of estimate and the re- port provided for in title four of chapter seventeen of this act and shall have the same force and effect when confirmed as abstracts of estimate and reports made and filed pursuant to the provisions of said title. All the provisions of said title, in relation to the completion, filing and presentation of a report to the su- preme court for confirmation; and in relation to its effect when confirmed; and in relation to any appeal therefrom or review thereof, and in relation to the pavment of the com ensation therein allowed by such commissioners, shall apply to any such separate or partial : report made by said commistioners pur- suant to the provisions of this section.— As amended by Chapter 2-15. La s 1910. Acquirement of certain rvlinrf prop- erty on North anil East rivers. Sec. 823. In all proceedings taken prior to the first, day of April, nineteen hun- dred and one, by the board of docks of The City of New York for the acquire- ment 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 un- der water, or wharf property to which { said rights, terms, easements, or privi- leges are. appurtenant, is or arc, situated between the southerly side of Bethune street and che northerly side of Ganse- j voort street, upon or adjacent to the North river in The City of New York, or between the southerly side of East Eight- eenth street and the southerly side of East Twenty-first street, upon or adja- cent to the East river, it shall not be necessary for the said board of docks to make any attempt to agree with the own- ers of any such property, rights, terms, easements, privileges, uplands or lands • under water, upon a price for the same, before commencing the proceedings au- thorized by section eight hundred and twenty-two of this act. In a proceeding brought for the acquirement of any such wharf property, 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, up- lands and lands under water, rights, terms, easements, and privileges shall vest in The City of New Y’ork four months after the filing in the office of the cleric of the supreme court, in the first judicial district, of the oaths of the commis- sioners of estimate and assessment in said proceeding appointed, and all of 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, shail cease and deter- mine and be extinguished at such time. All the awards made in such proceeding for the value of property acquired or in- terests extinguished, shall draw interest, from the time of the vesting of the title in The City of New Y’ork. Acquirement of certain whnrf prop- erty in tlie borons'll* of Richmond and Brooklyn and on North river anil East river in the borough of Ain nh at ta n. Sec. 823-a. In all proceedings hereafter taken by the commissioner of docks of The City of New Y’ork for the acquire- ment ot wharf property, rights, terms, easements or privileges, or lands under water and uplands in The City of New York if said wharf property or lauds un- der water, or wharf or other property to which said rights, terms, easements, or privileges are appurtenant, is or are, situated upon the water front of the Borough of Richmond, or anywhere with- in The Borough of Richmond or upon the water front of The Bore ugh of Brooklyn, between Thirty eighth street, and Six- tieth street, cr between the southerly side of Bloomfield street, and the north- erly side of West Twenty-third street, upon or adjacent to the North River in The Borough of Manhattan, between the Battery and Pier three, in The City of New York, it shall not be necessary for the said commissioner of docks to make any attempt to agree with the owners of any such property, rights, terms, ease- ments, privileges, uplands or lands under water, upon a price for the same before commencing the proceedings authorized by section eight hundred and twenty-two of this act. In a proceeding hereafter brought for the acquirement of any such wharf property, right, terms, easements, or privileges, or uplands or lands under water situate as in this section set forth, if the commissioners of sinking fund shall by resolution so direct 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 at such time as said resolution shall direct after the filing in the office of the clerk of the county where the proceedings are pending, of the oaths of the commissioners of esti- mate and assessment in said proceeding appointed, and all of 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 up- lands, shall cease and determine and be extinguished at such time. Ail the awards made in such proceedings for the value of property acquired or inter- ests extinguished shall draw Interest from the time of the vesting of the title in The City of New Y’ork.— As amended by Laws of i903, Chapter 624. Aoqnlrenient of certain wharf prop- erty on East river. Pec. 823-b. In all proceedings hereafter taken by the commissioner of docks ot the City of New Y’ork, for the acquire- ment 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 privi- leges are appurtenant. Is or are situated south or west of the southerly siue of i Montgomery 3treet. upon or adjacent to the East River in the borough of Man- hattan, City of New Y’ork, it shall not be necessary for the said commissioner 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 proceed- ings authorized by section eight hundred and twenty-two of this act. In a proceed- ing hereafter brought for the acquirement of any such wharf property, rights, terms, easements or privileges, or uplands, or lands under water situate, as in this sec- tion set forth, if the commissioners of sinking fund shall by resolution so direct the title to the said wharf property, up- lands, and lands under water, rights, terms, easements and privileges shall vest in The City of New York at such time i as said resolution shall direct after the filing in the office of the clerk of the supreme court, in the first judicial dis- trict, of the oaths of the commissioners of estimate and assessment in said pro- ceeding appointed, and all of 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 determine and be extinguished at such time; provided, however, that thirty days after the title to such wharf property, rights, terms, easements or privileges or uplands or lands under water shall so vest in The City of New Y’ork, there shall become due and payable to the owner or owners thereof, subject to all existing liens and incumbrances on account of the awards which shall thereafter be made in such proceeding for the value of the property so acquired by the city, or interest so extinguished, 60 per centum of the as- sessed valuation of such property, as shown upon the annual record of the as- sessed valuation of real and personal os- tate kept by the department of taxes and assessments of the City of New York. It shall be the duty of the commission- ers of the sinking fund to recommend and for the board of estimate and apportion- ment to authorize the comptroller to issue corporate stock of The City of New York as is provided by section one hun- dred and eighty of title two of chapter six of this act, in an amount sufficient to pay to such owners the sixty per centum of the assessed valuation of such wharf property, rights, terms, easements or privileges or uplands or lands under water taken for and on account of the award thereon, thereafter to be made, and it shall be the duty of the Bond of Docks to make requisition for such pay- ment and of the commissioners of the sinking fund to specify that such sale of corporate stock shall be so applied and for the comptroller to draw out and pay such sixty per centum to the owners as aforesaid, and there shall bo included in the awards thereafter made in such proceeding, as compensation for the prop- erty so taken or acquired or interest ex- tinguished, Interest at the legal rate upon the sum or sums so awarded in excess of such sixty per centum of the assessed valuation of such property, and upon said sixty per centum from the date of the vesting of title in The City of New Y'ork to the date of payment therefor. — Added by Laws of 1904, Chapter 740. Acquirement of certain xvlinrf property on the North or Hntlsou river. Sec. 823-c. In all proceedings hereafter taken by the commissioner of docks of The City of New York, for the acquire- ment 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 un- der water, or wharf property to which said rights, ter'is, easements or privi- leges are appui tenant, is or are situated south of the northerly line of Cortlandt street extended westerly, upon or adja- I cent to the North or Hudson river, in tho 108 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK borough of Manhattan, City of New York, It shall not be necessary for the said commissioner of docks to make any at- tempt 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 com- mencing the proceedings authorized by section eight hundred and twenty-two of this act. In a proceeding hereafter brought for the acquirement of any such wharf property, rights, terms, easements, or privileges, or uplands, or lands under water situate, r.s in this section set forth, If the commissioners of the sinking fund shall by resolution so direct the title to the said wharf property, uplands and lands under water rights, terms, easements and privileges shall vest in The City ot New York at such time as said resolution shall direct, 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 assess- ment in said proceeding appointed, and all of the rights, title and interest of any and all of the owners or persons interest- ed in the said wharf property, rights, terms, easements and privileges or lands under water, or uplands, shall cease and determine and be extinguished at such time. — Added by Laws 1906, Chapter 801. Acqntreraent of certain wharf property In the borough of Brook- lyn. Sec. 823-d. In all proceedings hereafter taken by the commissioner of docks of The City of New York, for the acquire- ment of wharf property, rights, terms, easements or privileges, or lands under water, or wharf property to which such rights, terms, easements or privileges are appurtenant, is or are situated in the borough of Brooklyn between the center line of Twenty-eighth street, extended westerly, and the center line of Sixty- first street, extended westerly, it shall not be necessary for the said commis- sioner of docks to make any attempt to agree with the owners of any such prop- erty, rights, terms, easements, privileges, uplands or lands under water, upon a price for the same before commencing the proceedings authorized by section eight hundred and twenty-two of this act. In a proceeding hereafter brought for the ac- quirement of any such wharf property, rights, terms, easements, or privileges, or uplands, or lands under water situate, as in this section set forth, if the com- missioners of the sinking fund shall by resolution so direct the title to the said wharf property, uplands and lands under water, rights, terms, easements and privi- leges shall vest in The City of New York at such time as said resolution shall di- reot, after the filing in the office of the clerk of the county where such proceed- ings are pending, of the oaths of the com- missioners of estimate and assessment in said proceeding appointed, and all of the rights, title and interest of any and all of the owners or persons interested in the said wharf property, rights, terms, ease- ments and privileges or lands under water, or uplands, shall cease and deter- mine and be extinguished at such time. — Added by Laws 1906, Chapter 517. Acquirement of wharf property on ; East River. Sec. 823-e. In all proceedings hereafter taken by the commissioner of docks of The City of New York, for the acquirement of wharf property, rights, terms, easements or privileges, or lands under water, or uplands In the city of New York, is said wharf property or other lands under water, or wharf property to which said rights, terms, easements or privileges are appurtenant is, or are situated be- tween the northerly or easterly side of Montgomery street and the southerly Bide of East Eighth street or between the northerly side of East Thirteenth . street and the southerly side of East Fourteenth street, upon or adjacent to the East river, in the borough of Man hattan. City of New York, It shall not be necessary for the said commissioner of docks to make any attempt to agree with the owner of any such property, rights, terms, easements privileges, uplands or lands under water, upon a price for the same before commencing the proceedings authorized by section eight hundred and twenty-two of this act. In a proceeding hereafter brought for the acquirement ot any such wharf property, rights, terms, easements or privileges, or uplands, or lands under water situate as in this sec- tion set forth, if the commissioners of the sinking fund shall by resolution so direct, the title of said wharf property, uplands and lands under water, rights, terms, easements and privileges, shall vest in the city of New York at such time as said resolution shall direct after the filing in the office of the clerk of the su- preme court in the first judicial district of the oaths of the commissioners of es- timate and assessment in said proceed- ings appointed, and all of 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 up- lands, shall cease and determine and be extinguished at such time. All the awards made in said proceeding for the value of property acquired, or interests extin- guished shall draw interest at the legal rate from the time of vesting of title in 1 The City of New York to the date of pay- ment thereof. No resolution of the com- missioners of the sinking fund or of the board of estimate and apportionment, ap- proving or authorizing the acquisition of land, or directing the vesting in The City of New York of any title to property, and no resolution of the commissioners of the sinking fund adopting or approving, or consenting to, or certifying to a plan or plans, or to any change therein, for the whole or any par* of the water front within the limits of The City of New York, shall be of any validity or effect unless passed at a public hearing of said commissioners or board, of which public notice shall be given by publication for six consecutive days in the City Record, not less than seven, nor more than thirty days before said public hearing, which publication shall contain, in addition to such information as the commissioner of docks may think proper, a description of the property to be affected by the resolu- tion, a statement by the chairman of the commission or board, of the date, time and place of said public hearing, an ab- stract of the recommendation of the head of the department, in regard to the said vesting of title, or adoption or approval or consent or certificate to said plan or plans or change therein, which said plan or plans and recommendation or change therein as proposed, shall be open to the inspection of any citizen at the office of the comptroller of The City of New York at all times during business hours, from the beginning of publication until the day of said hearing.— Added by Laws 1907, Chapter 372. Acquirement of wharf property on North River. Sec. 823- f. In all proceedings hereafter taken by the commissioner of docks of the city of New York, for the acquire- ment of wharf property, rights, terms, easements or privileges, or lands under water or uplands in the city of New York, if said wharf property or other lands under water, or wharf property to which sight rights, terms easements or privileges are appurtenant is or are sit- uated between the northerly side of West Thirty-fourth street and the south- erly side of West Forty-second street or between the northerly side of West For- ty-ninth street and the southerly side of Manhattan, city of New York, it shall not be necessary for the said commissioner of docks to make any attempt to agree with the owner of any such property, rights, terms, easements, privileges, up- lands or lands under water, upon a price for the same before commencing the proceedings authorized by section eight hundred and twenty-two of this act. In a proceeding hereafter brought for the acquirement of any such wharf property, rights, terms, easements or privileges, or uplands, or lands under water situate as in this section set forth, if the com- missioners of the sinking fund shall by resolution so direct, the title of said wharf property, uplands and lands under water, rights terms, easements and priv- ileges shall vest in the city of New York at such time as said resolution shall di- rect after the filing in the office of the clerk of the supreme court in the first judicial district of the oaths of the com- missioners of estimate and assessment in said proceedings appointed, and all of 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 said proceeding for the value of property acquired or In- terests extinguished shall draw interest at the legal rate from the time of vest- ing of title in The City of New York to the date of payment thereof. — AddeJ by Laws 1907, Chapter 435. Acquirement of certain wharf prop, erty in Brooklyn. Sec. 823-g. In all proceedings hereafter taken by the commissioner of docks and ferries 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 lanas under water or uplands, or wharf prop- erty to which said rights, terms, ease- ments or privileges are appurtenant, i3 or are situated in the borough of Brook- lyn, at the junction of Whale and New- town creeks, and between said creeks and North Henry and Green streets, it shall not be necessary for the said commis- sioner of docks to make any attempt to agree with the owners of any such prop- erty, rights, terms, easements, privileges, uplands or lands under water, upon a price for the same before commencing the proceedings authorized by section eight hundred and twenty-two of this act. In a proceeding hereafter brought for the acquirement of any such wharf property rights, terms, easements, or privileges, uplands or lands under water, situate a* in this section set forth, if the commis- sioners of the sinking fund shall by reso- lution so direct, the title to the said wharf property, uplands and lands under water, rights, terms, easements and privi- leges shall vest in the city of New York at such times as said resolution shall di- rect, after the filing in the office of ths clerk of the county where such proceed- ings are pending, of the oaths of the com- missioners of estimate and assessment in said proceeding appointed, and all of the rights, title and' interest of any and all of the owners or persons interested in the said wharf property, rights, terms, ease- ments and privileges, or lands under water or uplands, shall cease and deter- mine and be extinguished at such time. — Added by Laws 1908, Chapter 381. Acquirement of n-barf property on the North River. Sec. 823-h. In all proceedings here- after taken by the commissioner of docks of the City of New York, for the ac- quirement of wharf property, rights, terms, easements or privileges, or lands under water or uplands in The City of New York, if said wharf property or other lands under water, or wharf property to which said rights, terms, easements or privileges are appurtenant is or are sit- uated between the northerly side of West Forty-fourth street and the southerly side of West Forty-ninth street, upon or adjacent to the North river, in the borough of Manhattan, City of New York, it shall not be necessary for the said commission?. of docks to make any at- 109 Eagle Library-THE CHARTER OF THE CITY OF NEW YORK tempt to agree with the owner or own- ers of any such property, rights, terms, easements, privileges, uplands or lands under water, upon a price for the same before commencing the proceedings au- thorized by section eight hundred and ' twenty-two of this act. In a proceeding hereafter brought for the acquirement of any such wharf property, rights, terms, easements or privileges, or uplands, or, lands under water situate as in this sec- i tion set forth, if the commissioners of lhe sinking fund shall by resolution so direct, the title to said wharf property, uplands and lands under water, rights, terms, easements and privileges shall vest In the. City of New York at such time | as said resolution shall direct after the | filing in the office of the clerk of the supreme court in the first judicial dis- trict of the oaths of the commissioners of estimate and assessment in said pro- ceedings appointed and all of the right, title and interest of any and all of the owners or persons interested in the said wharf property, rights, terms, easements and priveleges or lands under water or uplands, shall cease and determine and be extinguished at such time. All the awards made in said proceeding for the value of property acquired or interests extinguished shall draw interest at the legal rate from the time of vesting of title in The City of New York to the date of payment thereof. — Added by Laws of 1911, Chapter 661. Acquirement of wharf property in which city has some interest. Sec. 824. In all proceedings by the com- missioner of docks of The City of New York, for the acquirement of the inter- ests of any person or corporation who is an owner in common, or a joint-tenant with The City of New York, or any wharf property, rights, terms, easements, or privileges, or lands under water and up- lands, it shall not be necessary for the 6aid commissioner of docks to make any attempt to agree with said person or cor- poration 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 au- thorized 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, easements 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, easements 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 assess- ment 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, privi- leges 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 prop- erty acquired or interest extinguished shall draw interest from the time of vesting of the title in The City of New York. Power to acqnirc and operate ferries. Sec. 824-a. The commissioner of docks, with the approval of the commissioners of the sinking fund, is authorized in his discretion to acquire by purchase or con- demnation, in the name and for the benefit of the corporation of The City of New York, any property now or formerly U3ed ; n connection with any ferry or ferries (except such ferry or ferries as may be the property of a railroad cor- poration) situated in the borough of Brooklyn in said city, between the north- erly line of South Sixth street, extended westerly and the southerly line of South Ninth street extended westerly and such additional property as may be re- quired for terminal facilities or ap- proaches, and to equip, maintain and operate any such ferry or ferries. The comptroller shall from time to time, when authorized by the Board of Estimate and Apportionment, on the recommendation of the commissioners of the sinking fund, issue corporate stock of the City of New York, in such amounts as they may deem the public Interest to demand for the purpose of raising the money necessary to carry out the provisions of this sec- tion: except that no corporate stock shall he issued to maintain and operate such ferries to be acquired by this act. Whatever moneys may be required to provide for any deficiency caused by the operation or maintenance of ferries to be acquired by this act shall be provided in the manner now prescribed by law for raising moneys to maintain and operate city properties. If the said commis- sioner of docks shall deem it proper and expedient that the said corporation should acquire right and title to and possession of any property, now or for- merly used in connection with any ferry or ferries, and situated in the borougn of Brooklyn, between the northerly line of South Sixth street, extended westerly and the southerly line of South Ninth street, extended westerly, and such addi- tional’ property as may be required for terminal facilities or approaches, by con- demnation. instead of by purchase, the said commissioner of docks may, with the approval of the commissioners of the sinking fund, direct the corporation coun- sel of said city to take legal proceed- ings to acquire the same for the city, and the said corporation counsel shall take the same proceedings to acquire the same as are by law provided for the taking of private property in said city for public streets or places, and the pro- visions of law relating to the taking of private property for public streets or places in said city are hereby made ap- plicable, as far as may be necessary to the acquiring of said ferry or ferries, to- gether with al! the property belonging thereto, and such additional property as may be required for terminal facilities or approaches. In a proceeding hereafter brought for the acquirement of any prop- erty used in connection with any such ferry or ferries, and such additional prop- erty as may be required for terminal facilities or approaches, if the commis- sioners of the sinking fund by resolu- tion shall so direct, title to the said ferry or ferries and such additional property as may be required for terminal facili- ties or approaches shall vest in The City of New York at such time as said resolu- tion of the commissioners of the sinking fund shall direct after the filing in the office of the clerk of the county where the proeedings are pending of the oaths of the commissioners of estimate in said proceedings appointed, and all of the rights, title and interest of any and all of the owners or persons interested in such property used in connection with said ferry or ferries, and such additional property as may be required for terminal facilities or approaches, shall cease and determine and be extinguished at such time. All the awards made in such pro- ceedings for the value of property ac- quired or interest extinguished, shall draw interest at the legal rate from the time of the vesting of title in The City of New York. Each and every captain pilot, quarter- master, engineer, assistant engineer, ticket agent, ticket chopper, fireman, deck hand, oiler, gateman, bridgeman and matron, who, on the first day of January, nineteen hundred and eight, xvas em- ployed as such on any ferry, the opera- tion of which shall, hereafter, be as- sumed by TheCity of New York, and who shall prior thereto have successfully passed a non-competitive civil service ex- amination under the civil service law, in accordance with rules and regulations prepared by the municipal civil service commission, may be retained and as* signed to perform service on any ferry, the operation of which shall be assumed by The City of New York, or which has heretofore been assumed by The City of New York. Except that in the case of captains, pilots, quartermasters, engineers and assistant engineers, who have served in such capacity on said ferries for a period of not less than ten years, the production of a license or certificate of fitness granted by the United States government shall be deemed equivalent to a civil service ex- amination. — As amended by Laws 1909, Chapter 331. Wharfage and dockage charge*! leasing property; oyster bnslneaai designation of water front for. Sec. 825. Whenever any of the wharves, piers, bulkheads, slips, docks and basins constructed under the provisions of this j chapter shall be opened to the public use, | thecommissioner of docks shall, subjeetto i he 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 commissioner of docks deem proper; pro- vided. that the rates of wharfage on boats navigating the canals of the state shall not be increased beyond the rates in force on April eighteen, eighteen hundred and seventy-one, except as hereinafter specifi- cally provided, and no restriction of the amount of wharf and slip room occupied by them shall be made; and said com- missioner of docks may appropriate any of such wharves as the owners thereof may apply to have so designated or ap- propriated 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, steamboat, or any other vessel or water craft whatever from coming in- to, or >”ing. mooring, 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 respective- ly. Said commissioner of docks may, in j the name and for the benefit of the cor- porationof TheCity of NewYork 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 cove- j nant for renewal or renewals at advanced [ rents of such leases for terms ten years each, but not exceeding in the aggregate fifty years. But unless said leases are sold at public auction and duly advertised in the City Record and the corporation newspapers for at least ten days, said commissioner shall make no lease au- thorized by this section unless the terms of said lease are approved by the com- missioners of the sinking fund; but tem- porary permits for a period not exceeding one year may be granted to use and oc- cupy said wharf property, said permits to be terminable at the will of the com- missioner. The commissioner 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 commisioner. — As amended by Laws of 1902, Chapter 600. I-eetPd or main- tained at the time this act takes effect upon coy wharf or pier in anv part of the territory embraced within The City of New York as constituted hv this act, are hereby declared to be lawful structures. Storehouses, booths, shops, etc., on sheds not authorized. Sec. 840. Nothing in the two preceding sections contained shall be construed to authorize the erection or maintenance on any pier of any storehouse, booths, shops, or other structures than the sheds men- tioned in the last section but one, with the proper doors and gates appertaining thereto, nor to impair any powers con- ferred upon the commissioner of docks, except as provided by said section, and except as provided by section eight hun- dred and seventy-one of the Greater New York charter. — As amended by Laws 1904, Chapter 455. Olllees abolished. Sec. 847. The offices of captain of the port of New York and of harbor master of the port of New York are hereby abol- ished. The dock masters appointed by the commissioner 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 dock masters appointed by the commissioner 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 hun- dred and eighty-eight and the acts amend- atory thereof, and supplementary thereto. Doclc musters; certain powers of. Sec. 848. The dock masters appointed by the commissioner of docks of The City of New York shall be vested with all the powers and perform all the duties con- ferred on or imposed upon the harbor masters of the port of New York by a cer- tain act, entitled, "An act to provide for the appointment of a captain of the port of New York, and harbor master of the port of New York, and defining and regu- lating the powers and duties and compen- sation of said officers, and repealing chap- ter four hundred and eighty-seven of the laws of eighteen hundred and sixty-two," passed May fourth, eighteen hundred and eighty-three, and known as chapter three hundred and fifty-seven of the laws of eighteen hundred and eighty-three. Noth- in this section contained shall entitle the said dock masters to any additional com- pensation fer performing the duties and exercising the powers hereby imposed and conferred. Each of said dock masters shall personally perform the duties as- signed to hi of faxes and assessments. Form of annual record. See. 891-a. 1. There shall be prepared under the direction and supervision of the commissioners of taxes and assessments of the city of New York, in so far as it has not heretofore been prepared under the pro- visions of chapter five hundred and forty- two, laws of eighteen hundred and ninety- two, a land map of the city to be known and designated as "the block map of taxes and assessments of the city of New York," upon which shall he exhibited under sec- tions, and section numbers and block and block numbers the separate lots or parcels of land owned or taxed within each of the city blocks: each lot or parcel of land shown on such map to be designated thereon by lot numbers, and which lot numbers shall correspond as far as may he with the ward numbers of said lots or parcels and shall commence in each block with number one. end continue numerically upwards, for as many such lots or parcels as shall be com- prised within each block. 2. When the said block map of taxes and assessments shall he completed the same shall be certified by said commissioners and shall be fhed in their office. Of this map three copii3 shall be made and certified as aforesaid, one for the use of the department of taxes and assessments: another copy thereof for use in the finance department of said city: and the other copy thereof for use iii the department of water supply, gas and electricity. 3. After the said map is so certified and filed the said commissioners may from time to time change the form of the sections and blocks and also the numbers thereof when- ever such change of form has been caused by proper authority, and there shall there- after be delineated" and entered upon said maps such new or additional sections and blocks and their numbers as necessity may require. And the said commissioners may from time to time after the said map has been certified o/nd. filed change the form of the lots or parcels comprised within any block, and also the numbers thereof, and may ’cause to «xiiibited on said map the separate lots or parcels of land contained In any new block added to said map, and also the lot numbers thereof upon the general plan hereinbefore provided for. 4. Upon the . certification and filing of said map as aforesaid, the same shall be substituted for use in the office of said com- missioner in place and stead of the map theretofore ip use therein: and the annual record of the assessed valuation of real and personal estate in said city shall thereafter he prepared under the direction and super- vision of the said commissioners, so that the entries ’herein of all taxes and assessments laid or levied on land in said city shall be undeb sections and 1 block headings as may be most convenient and suitable for use in connection with said block map; and the said “annual record" shall otherwise be of such general form and plan as the said com- missioners mat direct. — As added by Laws of 1916, Chap. 491. Tax maps; identification of real property thereon. Sec. 891-b. Each separately assessed parcel shall be indicated either by a parcel number or by an identification number. Par- cel numbers shall designate each parcel by the use of three or more numbers of which one shall be a section or ward number, an- other a block, district or plot number, and another a lot number. Each separately assessed parcel indicated by an identification number shall be shown by a separate map. or by a description or by a map and description. A separate identification number shall be entered upon the tax maps in such manner as clearly to Indicate each separately assessed parcel of real property not Indicated by parcel num- bering. P.eal property indicated by a single identification number shall be deemed to be a separately assessed parcel. The department may maintain as tax maps the maps heretofore prepared, certi- fied and filed under the provisions of chap- ter five hundred and forty-two of the laws of eighteen hundred and ninety-two. which maps may be altered by the department as provided in subdivision three of section eigm hundred and niuetv-one-a.— As amended by Laws of 1916. Chap. 491. Annnnl record of assessed vnlna- 4 ion; wliat to contain and wlicn to be open for examination and correction. Sec. S92. There shall be kept In the several offices established by the depart- ment of taxes and assessments hooks to be called ‘‘the annual record of the assessed valuations of real and per- sonal estate of the borough of ,” in which shall be entered in de- tail the assessed valuation of such prop- erty within the limits of the several boroughs of The City of New York as established by this act. In such books the assessed value of real estate shall be set down in two columns; in the first col- umn shall be given, opposite each sepa- rately assessed parcel of real estate, the sum for which such parcel under ordi- nary circumstances, would sell if wholly unimproved: and in the second column shall be set down the sum for which the said parcel under ordinary circumstances, would sell, with the improvements, if any, thereon. The annual record of the assessed valuation of real property shall be open for public inspection, examina- tion and correction from the first day in October not a Sunday or a legal holi- day until the sixteenth day of November in each year, and the aunual record of the assessed valuation of personal estate shall be open for public inspection, ex- amination and correction from the first day in October not a Sunday or a legal holiday until the first day of December in each year, but on the said respective dayd the same ehall be dosed to enable tile board of taxes and assessments to prepare assessment-rolls of the several boroughs for delivery to the board of al- dermen. The said board, previous to and during the time the said books are open as aforesaid for inspection, shall adver- tise the fact in the City Record and in such other newspaper or newspapers published in the several boroughs cre- ated by this act as may be authorized by the Board of City Record. The taxable status of all persons and property as- sessable for taxation in The City of New York shall be fixed for each year on the day of October in the preceding year pro- vided by law for the opening of the books of the annual record of the assessed val- uation of real and personal estate of that year. — As amended by Laws of 1911, Chap- ter 455. Apportionment of B»»OMjifnti after tlie first day In October; notice. Sec. 892-a. When prior to the first day of February, any separately assessed par- cel of real estate shall have been divided the board of taxes and assessments may apportion the assessment thereof in such manner as they shall deem to be just and equitable and forthwith cause the as- sessment to be canceled and new assess- ments, equal in the aggregate to the can- celed assessment, to be made on tbo proper books or rolls, and within five days thereofter shall cause written notice of the new assessments to be mailed to the owners of record of the real estate so assessed at their last known residence or business address and an affidavit of the mailing of such notice to be filed in the main office. When such notice is mailed after the twenty-fifth day of Oc- tober such owners of real esta-e may ap- ply for correction of such assessments within twenty days after the mailing of such notice with the same force and effect as if such application were made on or before the fifteenth day of November in eny year. — As amended by Laws of 1911, Chapter 455. Alumni record of assessed rnlnntlon of real and personal estate of cor- porations to be kept in main office. Sec. S93. The department of taxes and assessments shall cause to be prepared and kept in the rnaiu office of the depart- ment of taxes and assessments, books to be called "The annual record of the as- sessed 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 purpose by the board of taxes and assessments, to furnish to the depart- ment of taxes and assessments, under oath at their main office, at the time that such statement is filed in any office of tbo department of taxes and assessments in any borough other than in the main of- fice in the borough of Manhattan, a dupli- cate detailed statement of the assessable property of corporations, both real and personal, which said statements of said deputytax commissioners shall be entered upon the books to be kept in the main of- fice of tbe department of taxes and as- sessments to be known as the “annual record of the assessed valuation of real and personal estate of corporations.” Assessed valuation of personal prop- erty; liow to be entered. See. 894. The assessed valuation of all personal property shall be entered by said deputy tax commissioners, or by such other persons as may he assigned to that duty by the department of taxes and assessments in the several offices, in books, or rolls, in alphabetical order, of the names or persons and corporations subject to taxation. No tax or assess- ment shall be void by reason of the name of the rightful owner or owners, whether individuals or corporations, of real es- tate in any of the said boroughs not be- ing inscribed in the assessment rolls or lists; but in such cose no tax shall be collected except, from the real estate so assessed. The assessed valuation of all real and personal property of corpora- tions shall be entered in duplicate in the office in the borough where the same is assessed and in the main office of the de- partment of taxes and assessments in the borough of Manhattan. If at any time prior to the first day of January in any year, it shall appear to the tax commis- sioners that a person assessed for taxa- tion on personal estate on the books or rolls of one borough should have been assessed therefor on the books or roils of another borough they shall forthwith cause the assessment to be canceled and a new assessment to be mad ' the prop-fib books or rolls, and Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 117 within five days thereafter shall cause written notice of the new assessment to bo mailed to such person at his last known residence or business address within The City of New York, and an affi- davit of the mailing of such notice to be filed in the main office. The person so notified may apply for correction of such assessment on or before the twentieth day of January with the same force and effect as if such application were made on or before the thirtieth day of No- vember in any year. — As amended by Laws by Laws of 1911, Chapter 155. I’oner of board to add names. Sec. 894-a. So long as the books of an- nual record of the assessed valuation of real and persnal estate of the several boroughs remain open for public inspec- tion, examination and correction, the board of taxes and assessments, after giv- ing at least ten days prior personal no- tice to the party in interest, may add to the rolls of assessment of such annual record any real estate, or the name of the owner of any personal estate, and also the assessed valuation of any such real or personal estate that may have been omit- ted from such rolls on the day of the opening of such books.— Added by Laws 1906, Chapter 207. Applications for correction of assess- ment. Sec. 895. During the time the books 6hall be open to public inspection as aforesaid application may be made by any person or corporation claiming to be aggrieved by tne assessed valuation of real or personal estate, to have the same corrected. If such application he 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 error ous they shall cause the same to be corrected. If such application be made in relation to the assessed valuation of personal estate, the ap- plicant shall be examined under oath by a commissioner of taxes and as- sessments or by an assistai . commis- sioner, or assistant to a commissioner, or by a deputy tax commissioner, as herein provided, who are hereby au- thorized to administer such oath, and if the assessment as hereinafter pro- vided lie 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 and application with- in the time and in the manner here- inafter provided. But the commis- sioners of taxes and assessments may, during the last fifteen days of the month of November and during tne months of December and January in any year, act upon applications, ex- amine applicants under oath and take other testimony thereon, for the re- duction of assessments upon either real or personal property filed in their offices on or before the fifteenth day of November preceding as to real estate, and on or before the thirtieth day of November preceding as to per- sonal estate, and cause the amount of any assessment as corrected by the board of taxes and assessments to lie entered upon the assessment rolls for- th 3 year for which such correction is made. [Added by Laws of 1913, chap. 324.] When nsscsM'ii valuation may be In- ei-eaned or u»A of assessed valuation, Cn the boroughs. Sec. 893. It is hereby declared to be the duty of the deputy tax commission- ers, or of such other persons as may have been assigned to the charge and direc- tion of any one of the officers of the de- partment 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 ot the said several offices, the total aggre- gate amount of the assessed valuation of real and personal property appearing on said books for each of the said bor- oughs on the first day in October in any year not a Sunday or a legal holiday, and to transmit a statement of such aggregate, amounts of assessed valuations of real and personal property in the said several boroughs to the department of taxes and assessments at its main office vn the bor- ough of Manhattan on or before the first day in October in each year not a legal holiday. The board of taxes and assess- ments is hereby vested with the power and charged with the duty before open- ing the books for public inspection as herein prescribed, to fix such valuations of property for the purposes of taxation througnout the city ot New York, at such sums as will, in Us judgment, eatanusli a just and equal relation between the valuations of property in each Susrcv*-? and throughout the entire city, to tn:s end the board of taxes and assessments, is authorized to require the deputy tax commissioners to transmit a report to it of the assessed valuation of real and personal property in the several bor- oughs at such time prior to the first day in October in each year not a Sunday or a legal holiday as the board of taxes and assessments may prescribe. — As amended by Laws of 1911, Chapter 455. f 118 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK Comptroller to submit to board of aldermen a statement showing tbe amounts necessary to be raised. Sec. 900. For the purpose of enabling the board of aldermen to Impose the annual taxes It shall be the duty of the comptroller of said city to prepare and submit to said board, at least one week before the first day of March in each and every year, 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 as cre- ated by this act, and purposes for -which said city is liable, and on account of the counties of New York. Kings, Bronx. Queens and Rich- mond. and also an estimate of the probab'.e amount of receipts Into the city treasury dur- ing the then current year from ail the sources of revenue of the general funds. Including sur- plus revenue from the sinking funds of the mayor, aldermen and commonalty of the citv 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 of reve- nues of any such sinking funds for the pay- ment of interest on the city debt of the munic- ipal corporation known as the mayor, aider- men and commonalty of the city of New York, or the like debts of the municipal and public Corporations by this act consolidated as afore- said, and the said board of aldermen is here- by authorized and directed to deduct the total amount of such estimated receipts from the aggregate amounts of all the various sums which by law it is 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 such sum as shall be as nearly as possi- ble but not less than the balance of such ag- gregate amount after making such deductions, by fixing a tax rate in cents and hundredths of a cent upon each dollar of assessed valu- e 1 ion. —As amended by Laws of 1914, chap. 451. Sec. 901. Repealed by Act of 1901. How connty eliarges and expenses So New Y'o -I t, Kingr, Qaeens and Rich- mond counties are to be paid. Sec. 992. In the statement submitted by the comptroller to the board of aldermen, as above provided in this chapter, he shall each year include and state specifically the sum 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, Bronx, Queens and Richmond, respectively, and the board of aldermen is hereby authorized and directed to levy upon and collect from the taxable property within each of said counties respectively, the sum or sums so necessary to be raised to pay the salaries of county officers and other county charges and ex- penses of -such county; to the end that each of such counties shall ultimately bear and pay all expenses necessary to be incurred within the county for county as distinguished from city purposes.— As amended by Laws 1914, qhapter 450. Permits for bnildings, etc.; copies to be sent to tbe department of taxes and assessments. Sec. 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 he within five days after its issue furnished by the officer granting the same to the department of taxes and assess- ment a. Excm ptions. Sec. 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 lav/s of eigh- teen 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 thi3 act, unless the same shall be exclusively used for such purpose, and be exclusively the property of a religious society. Exemptions, continued. Sec. 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, and where by pre-existing laws stock and bonds of any of the municipalities hereby consolidated were heretofore exempt within such municipalities from local taxation, the said stocks or bond3 shall be exempt from all taxation by the said City of New York except for state pur- poses. — As amended by Laws of 1903, Chapter 210. Certiorari to review final deter- mination ol tbe department. Sec. 906. A certiorari to review or cor- rect on the merits any final determina- tion of the board of taxes and assess- ments shall be allowed by the supreme court or any justice thereof, directed to the commissioners of taxes and assess- ments 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 that it is erroneous by reason of over- valuation, or in case of real estate, that the same is erroneous by reason of ine- quality, in that the assessment has been made at a higher proportionate valuation than the assessment of other real estate of like character in the same ward or section or other real estate on the tax- rolls of the city for the same year, speci- fying the instances in which such ine- quality exists, and the extent thereof, and stating that he is or will be injured thereby. Such certiorari and all proceed- ings thereunder may be had and taken in the judicial district where such real estate is situated, and may be begun at any time before the first day of July fol- lowing the time when the determination sought to be reviewed or corrected was made. — As amended by Laws of 1911, Caapter 455. When assessment-rolls to be made and delivered to the board of al- dermen. Sec. 907. Beginning with the first day in December in each year not a Sunday or a legal holiday the board of taxes and assessments shall cause to be pre- pared from the books of annual record of assessed valuations of real and personal estate in the several offices of the de- partment of taxes and assessments in the several boroughs, assessments rolls for each of said several boroughs, and shall, as soon as such rolls are completed, an- nex to each of said rolls its certificate that the same is correct in accordance with the entries in said several books of rec- ord. The rolls so certified must, on the first day of March in each year be de- livered by the board of tax3s and as- sessments to the board of aldermen, which shall meet at noon on that day at the city hall, or usual place of meet- ing, in the borough of Manhattan, for the purpose of receiving the same and for the purpose of performing such other duties in relation thereto as are pre- scribed by law; except that whenever said first day of March shall fall on Saturday, Sunday or a legal holiday, such rolls shall be delivered by said board of taxes and assessments on the next suc- ceeding day thereafter not a Saturday. Sunday or legal holiday to the board of aldermen, which shall meet at noon on such next succeeding day. at the place and in the manner and 'or the purposes herein specified. In the event of the board of aldermen failing to nu cd to receive sa.d rolls, the same may he de- livered to the city clerk, with the same effect as if delivered to the board of aldermen. The board of aldermen, however, shall meet not later than the third day in March which is not a Saturday, Sun- day or a legal holiday to fix the annual tax rates. In determining such rates the board of aldermen shall fix each rate in cents and hundredths of a cent upon each dollar of assessed valuation. Within three weeks after the deliv- ery cf the assessment rolls to the board of aldermen the board of taxes and as- sessments shall furnish to the super- viser of the City Record a copy of the annual record of the assessed valua- tion of real estate, omitting from the said annual record two columns headed respectively "size of hou je” and "houses on lot.” — As amended by Laws of 1911. Chapter 455. Meaning; of tbe words “board of taxes and assessments” in this chapter; majority clause. Sec. 908. Whenever any act is required or authorized to be done or any determina- tion 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 de- cision, 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 cus- tody of Board of Aldermen. Sec. 909. The tax or assessment rolls, when finally submitted to the board of alderman shall remain in its custody, but the president of the board may, by writ- ten permission, permit access to them, and he is hereby, in the name of the board of aldermen and as its act, author- ized and directed to cause to be properly estimated and computed the taxes an- nually 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 care- fully 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 comptro’ler, in order that the unpaid water rents, and the expenses of meters, with [heir connections and setting, water rates and other lawful charges for the supply of water meas- ured by meters of any preceding year may be entered therein. After such com- pletion of the assessment rolls or tax books it shall b3 the duty of the city clerk to procure the proper warrants authorizing and requiring the receiver of taxes to collect the several sums there- in mentioned according to law, and such warrants need be signed only by the president of the board of alderman, and countersigned by the city clerk, and im- mediately thereafter the president of the board of aldermen shall deliver the said assessment rolls, with the warrants aforesaid annexed thereto, to the re- ceiver of taxes,, at the same time notify- ing the comptroller of the amount of tr- -'es in each book, in order that he may C“uhe the proper, sum to be charged to L-- receiver £o • collection. — As amended hy Laws of 1911, Chapter 455. Duties of boards of aldermen and of board o r taxes and assessments rc~ specting' u-isessment-rolls. Sec. 910. At such annual meeting the board of aldermen must set down in the assessment-rolls, opposite to the several sums set down as the val- uation of real and of personal prop- erty, 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 aggregate valuations of the real and personal property in the several bor- oughs, end must transmit to the comp- troller cf this state by mail a certi- ficate of such aggregate valuations, showing separately the aggregate amount of the real and personal prop- erty valuations in each borough. The assessment-rolls shall be prepared and corrected by the board of taxes and assessments and be separate rolls for real estate and personal estate so classified, and so arranged with re- spect to number of columns and con- taining such entries as the board of taxes and assessments shall prescribe, sufficient to identify the property anti persons assessed and to show each total assessed valuation. Real estate shall be described therein by the num- bers by which such property is desig- nated on the tax maps and in the annual record of assessed valuations r Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 119 and such numbers shall import into the assessment-roll of real estate any necessary identifying; description shown by the tax maps. [As amended by Laws of 1913, chap. 680.] Corrected roll to be delivered to re- ceiver of taxes. Sec. 911. The board of aldermen 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 twenty-eighth day of March, with the proper warrant or warrants annexed, signed by the president of said board and countersigned by the city clerk, di- recting and requiring him to collect from the several persons named In the assess- ment-rolls the several sums mentioned in the last column of such rolls, opposite to their respective names, and to pay the same from time to time, when so col- lected, to the chamberlain of the city. —As amended by Laws of 1911, Chapter 455. Penalty fop board of aldermen’s neglect. Sec. 912. If the board of aldermen shall willfully refuse or neglect to perform any of the duties required of them by the two preceding sections, each member so refus- ing or neglecting shall forfeit to The City of New York the sum of five hundred dol- lars, to be recovered in a civil action; and shall also be punishable for a misde- meanor, and upon conviction thereof shall forfeit his office. Where taxes due and payable Sec. 913. The receiver of taxes upon re- ceiving the assessment rolls and warrants shall immediately cause the assessment- rolls and warrants for each of the several boroughs wherein he shall have an office, to be delivered at and filed in such office, and shall thereafter proceed to collect and receive said taxes rrom the several individuals and corporations assessed in the said assessment-rolls in the manner hereinafter prescribed. Receiver of taxes to give pnblic notice. Sec. 914. The receiver of taxes shall Immediately after he shall have re- ceived the assessment-rolls give pub- lic notice, for at least five days in the City Record and in such newspaper or newspapers published in the sev- eral boroughs as may be designated by the board of city redord, or in de- fault of any newspapers being pub- lished in any borough, in such news- paper or newspapers having a general circulation in such borough as the board of city record shall direct, thar. paid assessment-rolls have been deliv- ered to him and that all taxes shall be due and payable at his office in the paid respective boroughs as follows: All taxes upon personal property and one-half of all taxes upon real estate shall be due and payable on the first day of May and the remain- ing and final one-half of taxes on real estate shall be due and payable on the first day of November. All taxes shall be and become liens on the real estate affected thereby and shall be con- strued as and deemed to be charges thereon the respective days when i'my become due and payable as heraiebe- fore provided and not earlier and shall remain such liens until paid. The second half of the tax on real estate which is due as hereinbefore provided on the first day of Novem- ber following the payment of the first half, may be paid on the first day of May or at any time thereafter, pro- viding the first half shall have been paid or shall be paid at the same time, and on such payments of the second half as may be made in such manner prior to November first a discount shall he allowed from the date of pay- ment to November first at the rate of four per centum per annum. — As amended by Laws of 1916, Chap. 17. Rebate for prompt payment. Gee. 915. Repealed by Laws of 1908, Chapter 447, Sec. 2. Interest on unpaid taxes. Sec. 916. If any tax on personal estate or the first one-half of any tax on real estate shall remain unpaid on the first day of June, after it shall become due and payable it shall be the duty of the receiver of taxes to charge, receive and collect upon such tax so remaining un- paid on that day, interest upon the amount thereof, at the rate of seven per centum per annum, to be calculated from the day on which said taxes or such part thereof became due and payable, as pro- vided by section nine hundred and four- teen of this act, to the date of payment; and such increase of percentage shall fee paid over and accounted for by such re- ceiver from time to time, as a part of the tax collected by him. If the final half of any tax on real estate shall re- main unpaid on the first day of Decem- ber, after it shall be due and payable, it shall be the duty of the receiver of taxes to charge, receive and collect upon such tax so remaining unpaid on that day, interest upon the amount thereof, at the rate of seven per centum per annum, to be calculated from the day on which said final half of said tax be- came due and payable, as provided by section nine hundred and fourteen of this act, to the date of payment; and such increase of percentage shall be paid over and accounted for by such receiver from time to time, as a part of the tax col- lected by him. — As amended by Laws of 1911, Chapter 455. Idem; how collected. Sec. 917. It shall be the duty of the said receiver, in person or by nis dep- uties, to charge, collect and receive up- on all taxes or portions thereof remain- ing unpaid on and after the first days of June and December, respectively, as pro- vided in section nine hundred and six- teen of this chapter, interest at the rate cf seven per c entum per annum to be cal- culated from the days on which the re- spective parts of said taxes become due and payable as provided by section nine hundred and fourteen of this act. — As amended by Laws of 1911, Chapter 455. Secs. 918 and 919 repealed by Laws 1911, Chapter 455. dends of those stockholders whose stock was taxed, or shall be charged upon such stock, if no dividends be afterward de- clared. Dally statement of taxes received to be rendered to climnberluin. Sec. 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 state- ment 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 thereupon re- ceive 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. Receiver’s account of taxes re- ceived; how to be lcept. Sec. 923. It shall be the duty of the re- ceiver, and of deputy receivers, 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 tares, 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 purpose, on each day such payment and the namec of the parties re- spectively on whose account the same were paid; and at the expiration 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 state- ment of such sums of the borough for which received, and the names 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, immedi- ately after receiving from said receiver or deputy the statement, compare the same with a voucher furnished to him by the chamberlain for the payment thereof to the chamberlain, and if the aggregate amounts thereof shall correspond, shall credit the said receiver of taxes in UU books with such amount. Undivided parts of taxes; payment of. Sec. 920. If a sum of money in gross has been or shall be taxed upon any lands or premises, any person or persons claim- ing 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 con- troller may deem to be just and equita- ble. The department of taxes and assess- ments shall apportion the assessed valu- ation of such lands or premises when re- quested by the controller so to do, and shall certify such apportionment to him. The determination of the said controller shall be based upon such apportionment so certified. Tl-e remainder of the sum of money so taxed, together with the in- terest and charges, shall be a lien upon the residue of the land and premises only, and the tax lien upon such residue may be sold to satisfy such tax, interest or charges thereon, in the same manner as though the residue of said tax had been imposed only upon such residue of said lands or premises. — As amended by Laws 1908, Chapter 490, Corporations, tax for; Iiow collected. Sec. 921. The said receiver of taxes shall proceed In enforcing and collecting and payment of taxes against corporations or associations and their officers and di- rectors, 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 divi- Pennlty for failure to report to chamber I tin. Sec. 924. If the receiver of taxes, or any deputy receiver shall on any day, omit or neglect to furnish to the chamber- lain or to the comptroller, respectively, the statements and vouchors required by law, or to make the daily payments here- inbefore prescribed, it shall be the duty of the comptroller forthwith to suspend from office the party delinquent. In casa of such suspension, the comptroller shall appoint a suitable person to perform the duties of the officer so suspended, who shall continue to act as such officer, with all the powe-s conferred upon him by this titlo, until the parties suspended shall be restored, or another person shall have beenappointed On making such temporary appointment, the comptroller shall be re- quired to take from the party so appointee a bond, with two sufficient sureties, to bo 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 perform- ance of the duties of the office during the continuance of the person so appointed therein; and all the provisions of this titlo prescribing the duties of the re- ceiver of taxes, and the deputy receiver, shall apply to the person or persons so appointed In their stead by the comp- troller. Provision In cane of aloknensi. Sec. 925. In case of inability of the re- ceiver to perform the duties of his office by reason of sickness or absence from 120 Eagle Library— THE CHARTER OF THE CITY OF NEW YbRK the city, the comptroller shall designate some suitable person to perform the du- ties of his office during such inability or absence, and shall, in his discretion, take from such person a bond, with suffi- cient sureties, in the manner prescribed in the preceding section. Collection of nnpnid personal tm by distress and sale. See. 92G. It shall be lawful for the said receiver. If any tax for personal property and the interest thereon, as hereinbefore provided, shall remain unpaid on the fifteenth day of the month of August, 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 tlie day on which said taxes became due and payable as provided by section nine hundred and fourteen of this act to the time when the same shall he 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, whereso- ever the same shall be 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 tills 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. (As amended by Chapter GOO, Laws of 3915.) 1<1,; may atltl costs of distress and sale. (See Code of Ordinances Library.) Sec. 927. In all cases xvhere the said receiver shall proceed by distress and sale of the goods and chattels of any person for the payment 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 Bale, which costs shall be in addition to any disbursements 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. Id.; sale to l»e advertised. Sec. 928. The marshal to whom a war- rant 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 the property to be sold, at least six days previous to the sale, by advertise- ments tc be posted up in at least three public places in tho ward where such sale shall be made. The sale shalt be by public auction. Id.; disposition of surplus. Sec, 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 property sold belonging 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 dis- trained, the surplus moneys shall he re- tained by the said marshal until the rights of the parties shall be judicially determined. Secs. 930, 931. Repealed by Act of 1901. Id.; oases to l>e sent to corporation counsel. Sec. 932. It shall be the duty of the re- ceiver of taxes to acnd 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 mai^knis 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 ex- cept in those cases where the comptroller may extend the warrant, when applica- tion to any court may be made for the collection of the tax, and the said counsel is authorized to make requisitions upon the said receiver for all such cases. Id.; dnties of corporation counsel. Sec. 933. The corporation counsel shall be charged with the prosecution of all suits or proceedings, in any court hav- ing jurisdiction, lor the collection of all cases of personal taxes sent to him by the receiver ot taxes, or where, by any law of this state, any suit or proceeding may be instituted by such receiver, or any marshal acting under a tax warrant, in any court for the collection ot any tax on personal property, and shall, subject to such control, act as counsel to the receiver of taxes, and to any marshal act- ing under the warrant of said receiver in the collection of any tax for personal property. The imposition of costs in such cases shall be discretionary with the court. — As amended by Laws 190S, Chap- ter 12. Conrt to dismiss proceed ings If sat- isfied tliat taxes on personal prop- erty cannot l>e paid. Sec. 93-1 . The court in which any suit or proceeding may be commenced to enforce the payment of any tax for personal prop- erty, may, on motion of either party, dis- miss the suit or proceedings absolutely without costs, or conditionally, upon the payment ot costs, or may, on the facts, in its discretion, dismiss such suit or pro- ceedings 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 person or persons taxed are unable for want of property, or other reason, to pay any tax or have an equitable defense to such suit or proceeding. In cases where any suits or proceedings shall be dis- missed under this section, on payment of a portion of the tax, a copy of 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 coun- sel to report all cases dismissed on ac- count of the inability of the person to pay the tax to the commissioner of taxes and assessments, annually, on the thirty- first day of December in each year; and said commissioner is hereby authorized to strike the names of all such persons from the assessment rolls tor the suc- ceeding year. All suits or proceedings for the collection of personal taxes sent to the corporation counsel by the receiver of taxes must be commenced within one year from the date of the return by the mar- shal of the warrant to enforce the pay- ment of such tax. — As amended by Laws 1904, Chapter 624. Counsel to keep register, etc. Sec. 93a. The corporation counsel shall keep in proper books to be provided by the corporation of said city for that pur- pose, a register of all actions or proceed- ings prosecuted, and upon the expiration of his term of office or his resignation thereof or removal therefrom, the corpora- tion 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. Receiver; when may sue for person- al taxes. Sec. 936. Any tax duly imposed for per- sonal property upon any person or cor- poration 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 tins stale. I’npcid taxes anti assessments, levied prior to January first, eigh- teen hundred and ninety-eight < Npeeinl provision. Sec. 937. All taxes, assessments and water rates levied before the first day ot January, eighteen hundred and ninety- eight, by lawful authority, in any of the municipal and public corporations hereby consolidated, including the counties °f Kings and Richmond, and that part of the county of Queens included in The City of New- York as hereby constituted, and which shall remain due and unpaid and have or may become arrears of taxes, assessments or water rates, as provided by the law's relating to either of the municipal and public corporations hereby consolidated, shall become and be due and payable to and collectible by said city, and all tax and assessment lists relating to said unpaid taxes, assess- ments and water rates in the possession of any officer of any said municipal and public corporations and counties hereby consolidated, shall be transmitted to and deposited with the comptroller or his duly authorized representative. All such lists shall thereupon be transmitted by the comptroller to the collector of as- sessments and arrears, to be collected by him, or by one of his deputies in accord- ance with the provisions of this act. — As amended by Laws 1912, Chapter 461. Assessments payable in installment; liow payable. Sec. 938. Where by any laws in force on December thirty-first, eighteen hundred and ninety-seven, assessments for local improvements are made payable in in- stallments or collectable in or with the tax levy of any year, said installments when levied from time to time, shall be collected by the collector of assessments and arrears or by one of his deputies, under and pursuant to the laws relating to the collection of such assessments in force on said thirty-first day of Decem- ber, eighteen hundred and ninety-seven and applicable thereto. — Added by Laws 1904, C h apter 71. l! Jiii TITLE 2. *■>> ASSESSMENTS FOR LOCAL IMPROVE- MENTS OTHER THAN THOSE CON- FIRMED BY A COURT OF REC- ORD. Assessments; term, Iioxv construed. Sec. 942. The word assessment, wher- ever used in this title and in the next succeeding one, shall be construed to mean an assessment for any local im- provement which may be lawfully con- firmed in any other manner than by a court of record. Mayor to appoint a board of as- sessors; salary; snborfiinates. Sec. 943. The mayor shall appoint three per- sons, who shall constitute the board of as- sessors. The said board shall be charged with the duty of making all assessments, other than those required by law to be confirmed by a court of record, for local improvements for which assessments may be legally imposed in any 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.— As amended by Laws of 3911), Chapter 51C. The board of revision of assess- ments. Sec. 944. The comptroller, corporation counsel and president of the department of taxes and assessments 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, correction and confirmation of assessments specified 14 - in the various laws and ordinances re- lating to assessments in any part ot The City of Netv York, as hereby constituted, other than assessments made by commis- sioners appointed by a court of record, and other than those confirmed by the Eagle Library-THE CHARTER OF THE CITY OF NEW YORE 121 board of assessors; said board shall have power to consider, on the merits, all ob- jections 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 it may de- termine. Tho revision of such assess- ments shall be made without delay, so that unless the same are referred baric for revisal and correction they shall be confirmed within thirty days from the time they shall, respectively, be pre- sented for confirmation, and if not so confirmed or referred back they shall be deemed to be confirmed at the expiration of thirty days from the time they shall be. respectively, so presented for confir- mation. All such assessments, imme- diately upon confirmation, shall be trans- mitted to the comptroller for entry and collection. Powers of the two hoards. Sec. 045. In addition to the powers herein specifically conferred upon the board of assessors and the board of re- vision, the said boards shall have and exercise, as to the whole territory em- braced in The City of New York, each and every power and authority conferred upon and exercised by the board of as- sessors, and the board of revision and correction of assessments, respectively, of the corporation heretofore known as the mayor, aldermen and commonalty of The City of New York. Certificates on which assessments are made. See. 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 de- partment charged with the execution of the work in question, shall certify to the board of assessors the total amount of all the ex- penses which shall have been actually in- curred by the city of New York on account thereof, excepting, however, that there shall be omitted from such expenses all charges. If such there be, for altering, removing or relocating water mains, pipes or appur- tenances in actual use by the department of water suply, gas and electricity, as part of the water distribution system of the city of New York. 2. The comptroller shall certify to the board of assessors the amount of the in- terest. at the legal rate, upon the several Installments 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 certifi- cate. Thereafter the board of assessors shall assess upon the property benefited, in the manner authorized hy law, the aggregate amount of such certificates, or such propor- tion thereof, as is authorized hy law, and the said hoard shall not in any way be en- joined. 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. Sec. 947. The assessors shall in no case assess any house or lot, improved or unim- proved lands, more than one-half the fair - alue of such house. lot. improved or un- improved lands, nor shall they in any case ] assess any house or lot, improved or un- j improved lands, for the cost of altering, re- j moving or relocating water mains, pipes or , appurtenances in actual use by the depnrt- i ment of water supply, gas and electricity. 4 as part of the water distribution system of 1 the citv of New York.— As amended by Laws of 191G, Chap. 501. * not lo exceed one-lialf llie valuation. Sec. 047. The assessors shill !n no case as- sess any house or lot, improved or unimproved lands, more than one-half the fair value of such house, lot. improved or unimproved lands, at the time of the confirmation of the assess- ment.— As amended by Laws of 1910, Chap. 510. Paving and Repaving of Streets; Character of Materials; and Meth- od of Payment Therefor. Sec. 948. Street pavements laid to be paid for, wholly or in part, by as- sessment shall be divided into two classes, namely: permanent pave- ments, and preliminary pavements. 'The hoard of estimate and apportion- ment, as to pavements which shall be laid hereafter, shall, from time to time, designate the kinds of pavements ! to constitute each class. Pavements which were laid or authorized be- tween January first, eighteen hundred and ninety-eight, and June twentieth, nineteen hundred and ten, the cost of which was assessed upon the prop- erty deemed to be benefited, and pavements, the cost of which was paid for by assessment, or by the owners of the adjoining property, or by local taxation, or by bond issues paid by the locality prior to January first, -ighteen hundred and ninety-eight, shall be deemed to bo permanent pavements. Pavements laid at pri- vate expense upon legally established grades and according to the plans and specifications then in use for per- manent pavements generally, in the borough in which they are laid under the supervision of the borough au- thorities, and accepted in behalf of tlie city by a resolution of the board of estimate and apportionment prior to June twentieth, nineteen hundred and ten, shall he deemed permanent pavements; pavements laid since said date or hereafter laid at private ex- pense but laid upon legally estab- lished grades and according to plans and specifications then in use for per- manent pavements generally in the borough in which they are laid, under the supervision of the borough au- thorities and accepted in behalf of the city by a resolution of the board of estimate and apportionment shall be deemed permanent pavements, if such pavements shall be one of the pavements classified as permanent pavements by such board subsequent to April eighteen, nineteen hundred and twelve; all other pavements laid since June twentieth, nineteen hun- dred and ten, and hereafter laid at private expense but laid upon legally established grades and according to plans and specifications then in use for temporary pavements generally in the borough in which they are laid under the supervision of the borough authorities, and accepted in behalf of the city by a resolution of the board of estimate and apportionment shall be deemed preliminary pavements if such pavements shall be one of the pavements classified as preliminary pavements by such board subsequent to April eighteenth, nineteen hundred and twelve. No street, or portion thereof, that shall have been paved with a pavement deemed a permanent pavement or that hereafter may be paved with a permanent pavement paid for wholly hy assessment shall be repaved at the expense of the ad- joining property owners unless a ma- jority of the owners of the property on the line of the proposed improve- ment shall petition for such repav- ing at their expense hy assessment. Whenever a street paved with a preliminary pavement or with a pave- ment deemed a preliminary pavement shall be repaved, the repaving shall be done with a permanent pavement, unless owners of property on the line of the proposed improvement petition the local board having jurisdiction for a second preliminary pavement, to lie laid at the expense, by assessment, of the adjoining property owners, and in such event a second preliminary pave- ment shall be laic! if said local board so orders, and the board of estimate and apportionment, consents. When- ever a permanent pavement shall be laid to replace a preliminary pave- ment laid, in whole or in part, at the expense of the property owners by- assessment or to replace a permanent pavement laid at the expense, in part only, of the property owners by as- sessment and the cost of the replac- ing pavement shall exceed the amount assessed, upon the property deemed to have been benefited for the pavement replaced, the excess of such cost shall be assessed upon the property deemed to be benefited, and the bala^,o* cj; *v. cost of the replacing pavement shall be borne and paid by the city-; but in no case shall the cost of a second or subsequent preliminary pavement be so deducted from t lie amount to be assessed for the laying of a perma- nent pavement. The class of a pave- ment shall not be changed after tho same is laid. The kind of pavement hereafter to be laid by assessment on any street shall in all cases be deter- mined by the local board having juris- diction and the board of estimate and apportionment. Nothing herein contained shall be construed to relieve or release the owners of property, grantees of the city of New York, or ot any- of the corporation's consolidated to form the said city, of or from any covenants to pa\-e or repave or otherwise physi- cally to improve such stveet. | As amended by Chap. 591, Law#-. of 1915.] How properly shall he tle^erlheil hy Ihe assessors. Pec. 949. In all cases the assessors shall de- scribe iri the assessment i lie property assessed by the same ward or block numbers, or other designations as shall be used to designate the said property on ihe tax books of the city of New York, or such description as will clearly show the property assessed. They shall also describe the houses and lots assessed hy tnetr street number, if any. The assessors shall also slate the name of the owner or owners and occupant or occupants, if they he known to the assessors, and it shall be their duty to as- certain. as far as may be. by inquiry from the commissioners of taxes and assessments or others, such ownership and occupation, and such commissioners shall r ford the requisite information.— As amended hy I-aws of 1910, Chap. 51G. Local Assessments for Cost of exter- minating Mosquitoes in Certain Bor- oughs. Sec. 949-a. The cost and expense of the construction of drains upon or of other improvements to low or wet lands in the boroughs of Brooklyn and Queens, for the elimination of mosquitoes, by the board of health, shall be borne by the property bene- fited within an area of benefit to be fixed by the board of assessors, or such portion of the amount of such cost and expense as the board of health may determine and certify to the board of assessors. Assessments therefor shall be made by such board of assessors as provided tn chapter seventeen of this act. [As added by Chap. 524, Laws of 1915.] Notice of completion of assessment* to be given. Sec. 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 corporation newspapers for at least ten days successively. The notice shall describe the limits within which it is proposed to lay the said as- sessment, and shall contain a request for all persons whose interests may be af- fected thereby, and who may be opposed to the same, to present their objections i in writing, to the secretary of the board of assessors within thirty days from tho j date of such notice, and specifying a tune ! and place alter the expiration of the said ; thirty days when and where the said ob- jections will be heard and testimony re- ceived in reference thereto if after hear- | ing and examining such objections and testimony the assessors shall not deem it proper to alter their assessment or hav- ing altered it there shall still be objec- tions to the same, it shall be their duty to present such objeclions with the pro- posed assessment to the board of revis on of assessments. If no objections shall be received, or if the board of assessors ! shall alter the assessment so as to sat- { isty the objectors, said board shall tort It - j v.-itb declare the said assessment cou- | firmed, and shall transmit the same to ih» \ comptroller for entry and collection. An 4 iissessm».?v to cf-tUmed shall be of tb« 122 Eagle Library-THE CHARTER OF THE CITY OF NEW YORK same force and effect as if confirmed by the board of revision of assessments. Award of damages to land and buildings by reason of grading of streets: liability in such cases. Sec. 931. 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 w r as completed and accepted by the city authorities. After the taking effect of this act an abutting owner who has built upon or otherwise improved his property in conformity with the grade established by law- ful authority, and such grade is changed after such buildings or improvement have been erected, and the lessee thereof, shall be en- titled to damages for such change of grade. An owner who has built upon or otherwise Improved his property prior to the original establishment of a grade by lawful authority and the lessee thereof, shall be entitled to damages caused by the grading of the street in accordance with such established grade. The word lessee as used in this section shall In- clude only such parties or persons whose lease covers the entire real property and the term of which does not expire in less than ten years from the date of the completion and acceptance of the grading by the city authori- ties and who are obligated under their lease to make repairs and alterations made necessary by the grading. Except as herein provided, there shall be no liability for originally es- tablishing a grade or for changing an es- tablished grade. Damages to such buildings and improvements shall be ascertained and assessed by the board of assessors in the manner hereinafter provided. All laws in- consistent herewith are hereby repealed. Whenever any street shall have been graded to a grade which, in the opinion of the board of estimate and apportionment, has been oc- casioned by an improvement other than the normal and usual street improvement the hoard of estimate and apportionment may, in Its discretion, within sixty days after the grad- ing shall have been completed and accepted by the city authorities in charge of the work, make a certificate that, in its opinion, tffe street in question has been graded to a special grade. Such certificate shall he transmitted to (he board of assessors, together with a plan and profile of the portion of the street af- fected by such special grade; upon such plan and profile there shall be shown the level which, in the opinion of the hoard of estimate and apportionment, constitutes a normal grade for the street, and the special grade to which the street has been graded. Upon the receipt by the hoard of assessors of the certificate of the board of estimate and apportionment, to- gether with the accompanying plan and pro- file, the board of assessors shall be authorized end empowered to determine the damage which each owner or lessee of the unimproved lands fronting on that portion of the street affected by such special giade has sustained by reason of the grad.ng of the street to such special grade, that is to say the dam- age sutsained by reason of the departure of the grade of the street from the normal grade as shown on such plan and profile. When any street shall have been regulated and graded, it shall be the duty of the board of assessors, after the cert'ficate of the completion and ac- ceptance by t ;e city authorities in charge of the work of such grading shall have been re- ceived by it, to cause to be published in the •'City Record" and the corporation news- papers, twice a week for four successive weeks a notice to all persons claiming to have been injured by the physi-al grading of such street to present their cNJms, in writ- ing. to the board of assessors. Said notice shall specify a place where and a time when the said board will receive evidence and tes- timony of the nature and extent of such in- jury. The board of assessors shall have all the powers conferred upon the commissioners of estimate and assessment by section one thousand and eight of this act, and all the provisions of said section shall apply to the proceedings before the board of assessors. After hearing and considering the said testi- mony and evidence, and after viewing and inspecting the property claimed to have been injured, the board of assessors shall make such awards for such loss and damage, if any. as it may deem proper. No award shall be made, in any case arising after the taking ef- fect of this act, unless a claim in writing therefor shall have been filed with the board of assessors within ninety days after the grading shall have been completed and ac- cepted by the cHy authorities in charge of the work. In cases in which the gracing of the street has been completed at the time this act takes effect, no award shall ta made un- less a claim in writing therefor shall have been filed with the board of assessors prior to July first, nineteen hundred and sixteen. The board of assessors shall compute interest upon awards made by it. at the rate of six per centum per annum, from the time of the completion and acceptance of the grading of the street to the date set in the published notice for tile hearing upon objections to the assessment. The board of assessors shall also determine the reasonable expense Ineid nt to the making of awards for damag- s wh'ch have been incurred by it or 1 y the vci'l jnuler. counsel of the city of New York upon the hearings before said board. The amount of the said awards, the interest upon the same as computed by the board of assessors, and the reasonable expenses of making the awards as determined by the board of assessors shall be included in an assessment to be levied upon the property deemed by the board of assssors to have been benefited by the grad- ing of the street in question, or by the Im- provement of which said grading forms a part Any person to whom an award has been made or who has an interest in such award or (he city of New York may appeal from the determination of the board of as- sessors to the board of revision of assess- ments. Upon such appeal, the board of re- vision of assessments may confirm, reverse, or modify the determination of the board of as- sessors, and may either send the matter back to the hoard of assessors for further con- sideration, or may itself make a new de- termination of the matter in controversy. The determination of the board of revision of assessments shall be final and conclusive upon all parties and persons interested In ali awards made by the board of assessors. Sec. 6. This act shall not affect any claims for damages for change of grade pending be- fore the board of assessors at the time it takes effect. — As amended by Laws of 1010, Chapter. 518. Foregoing section; liow construed. Sec. 952. The loregoing section shall not he construed to authorize the making of an award for loss or damage caused by change of 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 (he mayor, aldermen and commonalty of The City of New York nor shall it be construed to affect the powers of any commission act- ing under any laws of this state. Awards ; when to paid; action for default. Sec. 953. The City of New York shall, within lour months after confirmation u. any assessment, including awards mado 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 law- ful 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 Ihe same ought to have been paid to some other person, 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; pro- vided that when the name or names of the owner or owners, party or parties, are not set forth in the report of the asses- sors, 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 cannot be found, or their title to receive such awards disputed, it shall be lawful for The City of New York to j 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 owners, parties and persons respectively themselves, accord- ing to their just rights, if they had been kiiwn and had been persons of full rgc, single women and of sound mind. AHnrnsinrnbt fir deepening water In docks, ele. Sec. 954. The expense of conforming to any order or direction made in accord- ance with section eight hundred and thir- ty-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-r'ght or privilege, near j, adjacent to which any such water may be deepened, and which may in any matter be benefited thereby, in propor- tion, as nearly as may be, to the advan- tage which each shall be deemed to ac- quire. Every such estimate and assess- ment, after confirmation, shall be bind- ing 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 made. Assessments for Grading Streets and Other Property with Material Ei- eavated in Muking Other Public* I inproveinents. Sec. 955. Whenever it is provided in any public contract that the earth or other material excavated in the course of the public improvement to which it re- lates shall be deposited under the di- rection of a president of a borough or other city official iso that the same may be utilized in filling in any public streets or for other lawful purposes, the value of the earth or other material so used and any other necessary cost and ex- pense in the premises shall be certified to the board of estimate and apportion- ment by the president of the borough within whose jurisdiction the work is done, or by such other city official having jurisdiction of the same, and said board shall thereupon determine whether any and, if any, what proportion of said amount shall be borne and paid by The City of New York, and shall certify to the board of assessors the aggregate amount of the value of the earth or other material and the other cost and expense ao aforesaid, together with their determination in re- lation thereto. The board of assessors shall thereupon asseiss upon the proper- ty benefited the aggregate amount of such expense or such portion thereof as is authorized by law or such proportion thereof as may have been determined by the board of estimate and apportionment in the same manner and with the same effect as other assessments for local im- provements are made under the provi- sions of this title. — Added by Chapter 550, 1-aws 1910. TITLE 3. VACATING AND MODIFYING ASSESS- MENTS FOR LOCAL IMPROVE- I’F.NTS OTHER THAN THOSE CON- FIRMED BY A COURT OF RECORD. Remedies limited. Sec. 958. No suit or action in the na- ture of a bill of equity or otherwise shall be commenced for the vacation of any as- sessment in said city, or to remove a cloud upon a title; but owners of property shall be confined to their remedies in such cases to the proceedings under this title. It shall be lawful, however, for the comptroller, acting under the written ad- vice of the corporation counsel, to com- promise and settle claims for assess- ments for local improvements heretofore | confirmed and interest thereon, and pay- ments made in accordance with the terms 1 of such settlements shall bo in the nature j of accord and satistaction, and no action shall be maintainable to recover back amounts thus paid. It shall also bo law- ful for the comptroller, by and with the advice and written consent of the corpor- ation counsel, to cancel in writing and an- nul any and s’! void assessments for local improvements heretofore or hereafter confirmed - ‘ s amtedsd by La.ae 1904, Chanter 90. Petition to the snpreme court In cnee of fraud or substantial error. Sec. 959. If in the proceedings relative to any assessment or assessments for local improvements, or in the proceedings to collect the same, any fraud or sub- stantial error shall be alleged to have been committed, the party aggrieved thereby may apply to a justice of the supreme court in special term or in vacation. Eagle Library— THE CHARTER OF THE CITY OF NEW YORI. 123 1 who shall thereupon, 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 sub- stantial 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 modi- fied, and the lien created thereby, or by any subsequent proceedings, shall cease, Tf, 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 may be modified by deducting therefrom such sum as is in the same proportion to such assess- ment as is the whole amount of such un- lawful 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 j the county in which the lands are situated, and after the filing 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 re- quired by the order, or do any other act required thereby. Assessments not to lie set aside for crriiiin irregularities and techni- calities. Sec. 960. No assessment heretofore made or imposed or which shall hereafter be made or imposed for any local im- I provement or other public work, already | completed or now being made or per- formed, or which shall hereafter be made, done or performed, shall hereafter be va- cated or set aside for or by reason of any , omission to advertise, or irregularity ini advertising any ordinance, resolution, no- tice or other proceeding relative to, or authorizing the improvement or work for which such assessment shall have been made or imposed, or fo - proposals to do ■the work, or for or by reason of the | omission of any officer to perform any ! duty imposed upon him, cr for or by rea- son 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 rea- son of any omission to comply with or carry out any detail of any law or ordi- nance, or for or by reason of any irregu- larity 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 bene- fited 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 im- provement or work and all assessments for i any sum improvement or other public work shall be valid and binding notwithstand- ing any such omission, irregularity, de- fect in authority or technicality. No as- sessment shall be vacated by reason of fraud or irregularity in the proceedings to collect the same by sale of the as- sessed premises; but, upon proof of such fraud or ir- egularity, such sale shall be set aside '..'.d the respective rights and liabilities of the assessed person and of The City ci New York shall become and be the same as if such sale had not been made. All claims may lie embraced in one liroceedlnR- Sec. S61. Any person applying for relief under the provisions of this title, may rv.i- brace in one proceeding any or all assess- ments for local improvements in which he is interested. Power of court to vacate or reilnce asHessinen ts limited and qualitled. Sec. 962. No court shall vacate or re- duce any assessment in fact or apparent, whether void or voidable, on any property for any local 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 propor- tion of any such assessment, which is equivalent to the fair value or fair cost of any local improvement, with interest at the rate of three per centum per an- num from the date of confirmation to the date of the final order of reduction and seven per centum thereafter, be disturbed for any cause. The provisions of this sec- tion 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. When proceedings to vacate, etc., to lie brought. Sec. 963. All proceedings to vacate or reduce assessments in The City of New York must be brought within one year after the confirmation thereof. P e-assessment. Sec. 964. Any lands which may be dis- charged from any lien for an assessment for any local improvement or as to which a sale of the tax lien thereon for such assessments authorized to be made uy section ten hundred and twenty-seven of this act has been vacated or set aside may be again assessed by the board of assessors, after a public hearing, notice of which said hearing shall be published twice in each week for two successive weeks in the City Record and the corpor- ation newspapers, for such amount as would have been justly chargeable if fraud or irregularity had not been com- mitted; and the amount so assessed shall be a lien on said lands until paid, and shall be collectible in the manner pro- vided by law for the collection of assess- ments, but all proceedings to make a new assessment shall be at the expense of the city. — As amended by Laws 190S, J Chapter 490. TITLE a (Title 4 added by Chapter 606, Laws of 1915.1 Article I. General provisions applicable to all proceedings instituted un- der this title. II. Provisions relating to pro- cedure for ascertainment of compensation for damages and assessment for benefit by the supreme court, without a jur. . III. Provisions relating to procedure for ascertainment of compen- sation for damages and as- sessment for benefit, by com- missioners to be appointed by the court. ARTICLE I. GENERAL PROVISIONS APPLICA- BLE TO ALL PROCEEDINGS IN- STITUTED UNDER THIS TITLE. Deftnit ions. Sec. 969. When used in this title unless otherwise expressly stated or unless the context or subject-mat' otherwise requires: 1. “The court, be supreme court," means a special ter^ -f the supreme court held In a county v/'ihin the city of New York and within ‘he Judicial district in | which the real property or some pi.t there- I of is situated ; 1 2. “Days means calendar days exclusive o f Sundays and full legal holidays; 3. “Owner" means a person having an estate, interest or easement in (he real prop- erty to be acquired or a lien, charge or en- cumbrance threon; 4. 'Real property" includes nil lands and improvements, lands under water, water front property, the water of any lake, pond or stream, all easements and hereditaments, corporeal or incorpcreal, and every estate, interest, and right, legal or equitable, In lands or water, and right. Interest, privilege, casement and franchise relating to the same, Including terms for years and liens by way of judgment, mortj^;*^e cr cthenvlfct; 5. "Street" includes street, avenue, road, alley, lane, highway, boulevard, concourse, parkway, culvert, sidewalk, and cross walk, every class of public road, square and place, except marginal wharf; 6. The word "Improvement" shall be con- strued as synonymous with the phrase "ac- quisition of title to real propel ty pursuant to the provisions of this tide." The city may acquire property for strectN, parks, etc. Sec. 970. The city of New York may ac- quire title either in fee or to an easement, as may be determined by the board of estimate and apportionment, for the use of the pub- lic, to all or any cf the real property re- quired for streets, parkways, playgrounds, approaches to bridges and tunnels and sites or lands above or under water for bridges j and tunnels, and sites or lands above or un- der water, for all !inproveme its of the navi- gation of waters within or separating por- tions of the city of New York, or for the improvement of the water fronts of the city of New York, or part or par's thereof, here- tofore duly laid out • pon the map or plan of the city of New York, of the city of Brooklyn, or Long Island City, or of anv :» r the territory consolidated with the correla- tion heretofore known as the mayor, alder- men and commonalty of the city of New York, or hereafter duly laid out upon the map or plan of the city of New York, as herein constituted, and cause the same to be opened, or acquire ti f le as above stated to such interests in real property as will pro- mote public utility, comfort, health, en- I joyment, or adornment, the acquisition of j which is not elsewhere provided for. The board of estimate and apportionment may | specify what use is reouired of the real p v( >P” | erty which it may determine shall be ac- quired for public use, ard the extend of such use, and may direct the same to b^* acquired whenever and as often as it shad deem it for the public in'erest so to do. The real proper*/ required for su:h purposes may be taken therefor, and compensation and recompense shall be made to the owners thereof. The real property benefited by the improvement may be assessed for ths ben- efit and advantage derived therefrom. In all proceedings authorized by the board of esti- mate and apportm mient I rior to the first day of » anuary, nineteen hundred and sev- enteen, the said board shall determine whether the compensation to be made to the owners of the real property to be ac- quired shall l;e ascertained by the supreme court witho’.i a jury, or by three commis- sioners of estimate to be appointed by the said court. In proceedings in which the board of estimate and apportionment shall determine that the compensation to be made to the owners of the real property to be acquired shall be ascertained by the su- preme court without a jury, the city of New York shall make application, or cause ap- plication to be made to the said court, in a county within the city of New York and within the judicial district in which the real property to be acquired is situated, to have the compensation, which should justly be made to the respective owners of the real property proposed to be taken, ascertained and determined by the said court without a jury, and to have the cost of the improve- ment, or such portion thereof as the board of estimate and apportionment shall direct, assessed by the court upon such real prop- erty as the board cf estimate and apportion- ment may deem to be benefited thereby. In proceedings in which the board of esti- mate and apportionment shall determine that the compensation, which should justly be made to the owners of the real property proposed to be taken, shall be ascertained by three commissioners of estimate to be appointed by the said court, the city of New York shall make application, or cause appli- cation to be made to the said court in a county within the city of New York and within the judicial district in which the real property to be acquired is situated, for the appointment of three commissioners of esti- i mate to ascertain and determine the com- | pensation to be made to the owners of the real property proposed to be acquired, and in a proper case, for the appointment of one of the commissioners of estimate as a com- missioner of assessment for the purpose of levying the assessment of the cost of the Improvement, or such portion thereof as the board of estimate and apportionment may direct to he assessed upon such real property as may be deemed by the said board of esti- mate and apportionment to bo benefited thereby. The board of estimate and ap- portionment may authorize two or more streets to be Included in one proceeding. 'The moneys collected upon the assessment for benefit shall be paid into the city treas- ury. The damages awarded as compensa- tion shall become due and payable Immedi- ately upon the entry of the final decree of the court, or upon the entry of the order confirming the report of the commissioners of estimate, as the case may be. In pro- ceedings authorized by the board of estimate and apportionment after the first day of January, nineteen hundred and seventeen, the compensation to whicji the owners of real property to be acquired for the use of the public for the purposes specified in this Section, shall be ascertained and determined h; tli. s.’yrsme court without a jury In ths 124 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK manner and according to the procedure pre- scribed by this title, and on and after said date ihe city of New York shall make ap- plication to the court, or cause application to he made to the supreme court in a county i within the city of New York and within | the judicial district in which the real prop- erty to be acquired is situated, to have the compensation, which should justly lie made to the respective owners of the real property proposed to be acquired, ascertained and determined by the said court without a jury, and to have the cost of the Improvement, or such portion thereof as the board of estimate and apportionment shall direct, assessed by the court upon the real property deemed by the board of estimate and apportionment to be benefited thereby. Definitions; Power to Oondejnn Ex- cess Lands. Sec. 970-a. When used in this sec- tion or section nine hundred and eeventy-b of the Greater New York charter, unless otherwise expressly stated, or unless the context or sub- ject-matter otherwise requires, the word "improvement” shall be con- pi rued as synonymous with the phrase "laying - out, widening', extending or re- locating a park, public place, highway or street,” or with the phrase "acqui sition of title to real property required for laying out, widening, extending or relocating a park, public place, high- way or street.” The term '‘excess lands,” or the term “additional lands,” or the term “additional real property” shall each be construed as synonymous with the phrase “real property in addi- tion (or additional) to the real prop- erty needed (or required) for laying out, widening, extending or relocating a park, public place, highway or street.” “The board” shall be con- strued as synonymous with the “board of estimate and apportionment.” The city of New York in acquiring real property for any improvement may acquire more real property than is needed for the actual construction of the improvement. The board of es- timate and apportionment may au- thorize the city of New York to acquire additional real property in connection with any improvement, and direct that the same be acquired with the real property to be acquired for the im- provement; provided that such addi- tional real property shall be not more than sufficient to form suitable build- ing sites abutting on the improvement. The title which the city of New York shall acquire to additional real prop- erty shall in every case be the fee simple absolute. Additional real prop- erty shall be acquired by the city in connection with a street improvement only when the title acquired for the improvement shall be in fee. The ac- quisition of title to additional real property in connection with an im- provement shall be authorized by the board in the same manner and at the same time as the acquisition of -title to the real property required for the im- provement is authorized. When the board shall have authorized the ac- quisition of title to additional real property in connection -with an im- provement, title to such additional real property shall be acquired by the city in the manner and according to the procedure (except in such respects as herein set forth) provided for the ac- quisition of title to the real property required for the improvement and in the same proceeding in which title to the real property required for the im- provement shall be acquired. When itie board shall authorize the acquisi- tion of additional real property in connection with any improvement, it shall cause to be prepared and shall adopt a map showing the real prop- erty to be acquired for the improve- ment and such additional real prop- erty in connection with the real prop- erty to be acquired for the improve- ment, and such map, when approved , by the mayor, shall be certified by the secretary of the board and fded, prior to the application to condemn the same, as follows: One copy thereof ; jii tlie office in 'which conveyances of real property are required by law to be recorded in each county in which the I r'-al property or any part thereof shown on such map is situated; one copy thereof in the office of the cor- poration counsel; one copy thereof in the office of the president of each bor- ough in which the real property or any part thereof shown on such map is situated, and one copy thereof in the office of the board. When the board shall have authorized the acquisition of additional real property in connec- tion with any improvement, such addi- tional real property shall be sepa- rately described in the notice of application to condemn by the ] supreme court without a jury or in ; the notice of application for the ap- pointment of commissioners of esti- mate, as the case may be, and in the petition presented on any such appli- cation, and separately shown on the rule map attached to the petition and on the damage map in the proceeding, and said notice and petition shall slate what part of the real property to be condemned is required for the improvement, and what part thereof is to be acquired as additional real property. The acquisition of such additional real property, when un- authorized by the board, shall he deemed to be for a public purpose. In a proceeding in which additional real property shall be acquired, the board, by a three-fourths vote, may direct that on the date of the entry of the or- der granting the application to con- demn by the supreme court without a jury, or on the date of the filing of the oaths of the commissioners ap- pointed by the court, as the case may be, or on a date after either, specified ! in the resolution of the board, the title to the whole, but not less than the whole of such additional real property to be acquired in the proceeding, shall i vest in the city of New York, provided J that such resolution shall also direct the vesting in said city simultaneously of the title to all of the real property being acquired in the proceeding for the improvement; except that in a proceeding involving the acquisition of title to additional real property in connection with the acquisition of title to real property required for a street, highway or public place, the I hoard shall not he required to vest, ai one time, the title to all the additional real property to be acquired, provided, ' however, that in vesting title ‘o parts | of said additional real property every such part shall be at least a block of length along the improvement, and that no fractional portion of a block shall be contained in any such part, and pro- vided that said hoard shall also direct that all the real property required for j the street, highway or public place in such block or blocks shall vest in the city simultaneously. Upon the date of the entry of such order granting the application to condemn or upon the date of the filing of such oaths, as the case may be, or on such date after either, as may be specified by said board, the city of New York shall be I and become seired in fee simple ab- solute to such additional real proper- ty. In all other cases, except as here- in otherwise provided, title in fee sim- ple absolute to such additional real property as may be acquired in any such proceeding shall vest in the city of New York upon the filing of the final decree of the court, or upon the entry of the order of the court con- firming the report of the commission- ers of estimate, as the case may be. as j to such additional real property; and the reversal on appeal of the final de- cree or of 1 lie order confirming the report, as the case may be, or of any part of either, shall not operate to divest the city of title to any of the real property so acquired. In a pro- ceeding in which excess lands shall be acquired, the board shall not have power to direct the vesting cf title in the city to the real property required for the improvement without also di- recting the vesting of title in the city simulvaneously to the excess lands being acquired in the proceeding in connection with the improvement, ex- cept that the board may, in the man- ner in this section provided, direct that title to the real property required for a street, highway or public place shall vest in the city of New York in any block of such street, highway or public place abutting which no excess lands are taken. In any proceeding in which excess lands shall be ac- quired, when title to any part less than the whole of the real property required for the street, highway or public place in any one block thereof, between le- gally existing public streets, shall vest in said city upon and by vir- tue of the entry of the decree of the court finally determining the awards for .damages therefor, or on the date of the entry of the order con- firming tlie report of the commission- ers of estimate in relation thereto, as the case may be, title to the remain- der of the real property required for tlie street, highway or public place in the same block and title to the additional lands to he acquired in the proceeding abutting on the street, highway or public place in the same block, shall vest in said city simultaneously, and the reversal on appeal of the final de- cree of the court or of the order con- firming the report of commissioners, as the case may be, or of any part of either shall not operate to divest the city of title to any of the real property so acquired for the street, highway or public place in the same block or to the additional lands abutting thereon. Upon the vesting of title in the city of New York, as in this section pro- vided, to any such additional lands and to lands required for the improve- ment, the city of New Y'ork, or any person acting under its authority, may immediately, or at any time thereafter, take possession of the ad- ditional lands so vested and of the real property required for the improve- ment so vested, or any part or parts thereof, without any suit or proceeding at law for that purpose. In a proceeding in which ad- ditional lands shall have teen author- ized to be acquired in connection with the improvement, an owner may not convey to the city of New York any part of the real property to be acquired for the improvement, ex- cept upon the approval of the board of estimate and apportionment. After the institution of a proceeding pursu- ant to this title, the board of estimate and apportionment may amend the proceeding by authorizing the acquisi- tion of lands additional to those re- quired for the improvement, provided that title shall not have vested in the city of New York t~> any parcel of real property to be acquired for tlie improvement within the block be- tween legally existing public streets, embracing tlie additional lands sought to be acquired. The said board may also amend any proceeding so as to exclude any or all additional lands being acquired in the proceeding, pro- vided title to such additional lands shall not have vested in the city. The amendment shall he 1 ade in the man- ner provided in this title, and there- after the proceeding shall he con- d"oted in the same manner as if the additional lands included or excluded by the amendment had been included or bad not been included in the pro- ceeding at the time of the institution thereof. In case title to the real prop- erty required for the improvement and to the additional lands shall vest in the city prior to the entry of the final decree or order confirming the report of the commissioners, as the case may he, interest on tlie entire amount due to the owner of the real property ac- quired for the improvement, or for th# Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 125 excess lands, or for both, from the date of the vesting of title thereto to the date of the final decree or to the date of the report of the commis- sioners of estimate, as the case may he, shall be awarded as a part of such owner’s compensation. All of the pro- visions of this title relative to the pay- ment by the comptroller of sums award- ed as damages and interest thereon, and to the advance payment on ac- count of such damages, and relative to the assignment or pledge of awards, shall apply to awards of damages for the taking of additional lands. After title to the real property required for the improvement and to the additional lands shall have vested in the city, the additional lands may be either held and used by the city, or sold or leased by it in the manner provided by the Greater New York charter. The board of estimate and apportionment may provide that such additional lands shall be sold or leased subject to such restrictions, covenants or conditions as to location of buildings with reference lo the real property acquired for the improvement, or the height of build- ings or structures, or the character of construction and architecture thereof, or such other covenants, conditions or restrictions as it may deem proper: and such additional lands shall be sold or leased subject to such restrictions, covenants or conditions, if any, as the board of estimate and apportionment may have prescribed, which shall be set forth in the instrument of convey- ance or lease. [As added by Chap. 593, Laws of 1915.] Definitions; Power to Condemn Ex- cess Lands. Sec. 970-a. When used in this sec- tion or section nine hundred and sev- enty-b of the Greater New York char- ter, unless otherwise expressly stated, or unless the context or subject-mat- ter otherwise requires, the word “im- provement” shall be construed as syn- onymous with the phrase “laying out, widening, extending or relocating in park, public place, highway or street.” or with the phrase "acquisition of ti- tle to real property required for lay- ing out, widening, extending or re- locating a park, public place, high- way or street.” The term “excess lands,” or the term “additional lands,” or the term “additional real property” shall each be construed as synonymous with the phrase “real property in ad- dition (or additional) to the real property needed (or required) for laying out, widening, extending or re- locating a park, public place, high- way or street.” “The board” shall be construed as synonymus with the “board of estimate and apportion- ment.” The city of New York in ac- quiring real property for any improve- ment may acquire more real property than is needed for the actual construc- tion of the improvement. The board of estimate and apportionment may authorize the City of New York to acquire additional real property in connection with any improvement and direct that the same be acquired with the real property to be acquired foi the improvement; provided that such additional real property shall be not more than sufficient to form suitable building sites abutting on the improve- ment. The title which the city of New York shall acquire to additional real property shall in every case be the fee simple absolute. Additional real property shall be acquired by the city in connection with a street im- provement only when the title ac- quired for the improvement shall be in fee. The acquisition of title to ad- ditional real property in connection with an improvement shall be author- ized by the board in the same manner a nd at the same time as the acquisi- tion of title to the real property re- quired for the improvement is author- ized. When the board shall have au- thorized the acquisition of title to ad- ditional real property in connection with an improvement, title to such ad- ditional real property shall be ac- quired by the city in the manner and according to the procedure (except in such respects as herein set forth) pro- vided for the acquisition of title to the real property required for the im- provement and in the same proceeding in which title to the real property re- quired for the improvement shall be acquired. When the board shall au- thorize the acquisition of additional real property in connection with any improvement, it shall cause to be pre- pared and shall adopt a map showing I the real property to be acquired for the improvement and such additional real property in connection with the ! real property to be acquired for the | improvement, and such map. when ap- proved by the mayor, shall be certi- fied by the secretary of the board and filed, prior to the application to con- demn the same, as follows: One copy thereof in the office in which convey- ances of real property are required by law to be recorded in each county in which the real property or any part thereof shown on such map is situated; one copy thereof in the office of the corporation counsel; one copy thereof in the office of the president of each borough in which the real property or any part thereof shown on such map is situated, and one copy thereof in the office of the board. When the board shall have authorized the ac- quisition of additional real property in connection with any improvement, such additional real property shall be separately described in the notice of application to condemn by the supreme court without a jury or in the notice of application for the ap- pointment of commissioners of esti- mate. as the case may be, and in the petition presented on any such appli- cation, and separately shown on the rule map attached to the petition and on the damage map in the proceeding, and said notice and petition shall state what part of the real property to be condemned is required for the im- provement, and what part thereof is to be acquired as additional real prop- erty. The acquisition of such addi- tional real property, when authorized by the board, shall be deemed to be for a public purpose. In a proceeding in which additional real property shall be acquired, the board, by a three- fourths vote, may direct that on the date of the entry of the order grant- ing the application to condemn by the supreme court without a ju’dy, or on the date of the filing of the oaths of the i commissioners appointed by the court, ; as the case may be, or on a date after j either, specified in the resolution of the board, the title to the whole buc not less than the whole of such addi- tional real property to be acquired in the proceeding shall vest in the city of New York, provided that such resolu- tion shall also direct the vesting in said city simultaneously of the title to all of the teal property being ac- quired in the proceeding for the im- provement; except, that in a proceed- ing involving the acquisition of title to additional' real property in connection with the acquisition of title to real property required for a street, high- way or public place, the board shall not be required to vest, at one time, the title to all the additional real property to be acquired, provided, however, that in vesting title to parts of said additional real property every such part shall be of at least a block length along the improvement, arid that no fractional portion of a block shall lie contained in any such part, and provided that: said board shall also direct that all the- real prop- erty required for the street, highway or public place iu such block or blocks shall vest in the city simultaneously. Upon the date of the entry of such or- der granting the application to con- demn or upon the date of the filing of such oaths, as the case may be, or on such date after either, as may be specified by said board, the city of New York shall be and become seized in fee simple absolute to such addi- tional real property. In all other cases, except as herein otherwise pro- vided, title in fee simple absolute to such additional real property as may be acquired in any such proceeding shall vest in the city of New York upon the filing of the final decree of the court, or upon the entry of the order of the court confirming the re- port of the commissioners of estimate, as the case may be, as to such addi- tional real property; and the reversal I on appeal of the final decree or of the order confirming the report, as the J case may be, or of any part of either, i shall not operate to divest the city of title to any of the real property so acquired. In a proceeding in which excess lands shall be acquired, the board shall not have power to direct the vesting of title in the city to the leal property required for the im- provement without also directing the vesting of title in the city simultane- ously to the excess lands being ac- quired in the proceeding in connection with the improvement, except that the board may, in the manner in this sec- tion provided, direct that title to the real property required for a street, highway or public place shall vest in the city of New 7 York in any block of such street, highway or public place abutting which no excess lands are taken. In any proceeding in which excess lands shall he acquired, when title to any part less than the whole of the real property required for the street, highway or public place in any one block thereof, between legally ex- isting public streets, shall vest in said city upon and by virtue of the entry of the decree of the court finally de- termining the awards for damages therefor, or on the date of the entry of the order confirming the report of the commissioners of estimate in re- lation thereto, as the case may be. title to the remainder of the real property required for the street, high- way or public place in the same block and title to the additional lands to be acquired in the proceeding abutting oh the street, highway or public place | in the same block, shall vest in said city simultaneously, and the reversal on appeal of the final decree of the | court or of the order confirming the i report' of commissioners, as the case may be, or of any part of either shall not operate- to divest the city of title j to any of the real property so acquired ! for the street, highway or public place in the same block or to the additional lands abutting thereon. Upon the vesting of title in the city of New York, as in this section provided, to any such additional lands and to lands required for the improvement, the city of New York, or any person act- ing under its authority, may immedi- ately. or at any time thereafter, take possession of the additional lands so vested and of the real properly re- quired for the improvement so vested, or any part or par,s thereof, without any suit or proceeding at law for that purpose. In a proceeding in which additional lands shall have been j authorized to be acquired in eonnee- ! Lion with the improvement, an owner j may not convey to the city of New York any part of the real property jo be acquired for the improvement, ex- cept upon the approval of the hoard of estimate and apportionment and of t lie commissioners of the sinking fund. After the institution of a proceeding pursuant to this title, the board of es- timate and apportionment may amend ! the proceeding' by authorizing the ac- quisition of lands aiM*uonal lo those 126 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK required for the improvement, pro- i vided that title shall not have vested in the city of New York to any parcel | of real property to be acquired for the j improvement within the block between legally existing public streets, embrac- j ing the additional lands sought to be ! acquired. The said board may also i amend any proceeding so as to exclude any or all additional lands being ac- quired in the proceeding, provided title to such additional lands shall not have vested in the city. The amendment shall be made in the manner provided in this title, and thereafter the pro- ceeding shall be conducted in the same manner as if the additional lands in- cluded or excluded by the amendment had been included or had not been included in the proceeding at the time of the institution there- of. In case title to the real property required for the improvement and to the additional lands shall vest in the city prior to the entry of the final de- cree or order confirming the report of the commissioners, as the case may be, interest on the entire amount due to the owner for the real property ac- quired for the improvement, or for the excess lands, or for both, from the date of the vesting of title thereto to the date of the final decree or to the date of the report of the commission- ers of estimate, as the case may be, shall be awarded as a part of such owner’s compensation. All of the pro- visions of this title relative to the pay- ment by the controller of sums award- ed as damages and interest thereon, and to the advance payment on ac- count of such damages, and relative to the assignment or pledge of awards, shall apply to awards of damages for the taking of additional lands. After title to the real property required for the improvement and to the additional lands shall have vested in the city, the additional lands may be either held and used by the city, or sold or leased by it in the manner provided by the Greater New York charter. The board of estimate and apportionment may provide that such additional lands shall be sold or leased subject to such restrictions, covenants or conditions as to location of buildings with reference to the real property acquired for the improvement, or the height of build- ings or structures, or the character of construction and architecture thereof, or such other covenants, conditions or restrictions as it may deem proper; and such additional lands shall be sold or leased subject to such restrictions, covenants or conditions, if any, as the board of estimate and apportionment may have prescribed, which shall be set forth in the instrument of convey- ance or lease. Authority to assess and the ascertain- ment of the amount properly assess- | able in proceeding in which addi- ( tioruil lands may be acquired. Sec. 970-b. In every proceeding in •which lands additional to those re- quired for the improvement shall be acquired, the board may determine whether any, and if any, what portion of the damage due to the acquisition of title to the real property required for the improvement, shall be borne and paid by the city of New York; and the whole or the remainder of such damages shall be assessed upon the real property deemed to be bene- fited by the improvement in the man- ner and according to the procedure for levying assessments for benefit in proceedings had under this title. The board may also determine whether any, and if any. what portion of the costs and expenses of the proceeding, including the expenses of the bureau of street openings in the law depart- ment. incurred by reason of such pro- ceeding, shall be borne and paid by the city of New York; and the whole or the remainder of such costs and ex- penses, including the expenses of the bureau of street openings, shall be as- j sessed upon the real property deemed \ to be benefited by the improvement. Where part of a parcel of real prop- erty shall be acquired for an improve- | ment, and the remainder or a portion of the remainder of such paroel in the 1 same ownership shall be acquired in ! the same proceeding as excess lands, the portion of the damages due to the acquisition of the real property re- quired for the improvement, shall be determined and stated separately from the entire damage due to each such owner. In determining the damages due to the acquisition of that portion of such parcel, which is required for the improvement (which shall be the portion thereof properly assessable), the same rule shall be applied as would govern the determination of j damages for the taking of the real property required for the improve- 1 ment, in case no excess lands were ac- quired. Where part of a parcel of real property shall be acquired for the im- provement, and the remainder or a portion of the remainder thereof in [ the same ownership shall be acquired in the same proceeding, as excess 1 lands, the damages due to the acquisi- tion of title to the real property re- | quired for the improvement (which shall constitute the portion of the owner's total damages as to such par- cel, on account of the proceeding, which shall be properly assessable, shall in every case, equal the amount which would be awarded to such owner in case only that part of his real property, which shall be re- quired for the improvement, were ac- quired. The aggregate of damages due to the acquisition of the real property required for the improvement shall be determined by the court or other tri- bunal auttiorized to determine the compensation to be paid to the owners, and when so determined, as aforesaid, shall, if the board of estimate and ap- portionment so direct, be assessed by the court or other tribunal authorized to levy the assessment for the im- provement. The real porperty ac- quired by the city in addition to that required for the improvement shall be subject to assessment for benefit due to the improvement, and shall bear its proper share of the cost r.nd expense of the proceeding, which may be levied and collected with the taxes upon the real property in one or more entire boroughs. The assessment, which shall be levied in any proceeding, upon the real property acquired in addition to that required for the improvement, shall not in the case of any parcel as- sessed exceed one-lialf the fair value thereof. Interest from the date of the vesting of title to the date of the final decree of the court or to the date of the final report of the commis- sioners, as the case may be, on the sum or sums determined as damages due to the acquisition of the real property required for the improvement, as here- 1 inbefore provided, shall be included in j and stated as a part of such damages due to the acquisition of title to the real property required for the im- provement. Nothing in this section contained shall be construed as au- thorizing the awarding to an owner, part of whose real property is taken for the improvement, and the re- mainder or a portion of the remainder of whose real property is taken as ad- ditional lands, any greater amount of compensation than such owner shall be entitled to, by reason of the taking of his real property for the improve- ment and as additional lands, consid- ered together as one parcel. The pro- visions of section nine hundred and seventy-a and of this section shall be construed as supplementing and ex- tending the effect of the provisions of the other sections of this title so as to provide for the acquisition of title to additional lands in connection with an improvement and for the levying of assessments for benefit in such pro- ceedings and nothing In section nine hundred and seventy-a or in this sec- tion contained shall be construed as limiting the effect of the provisions of the other sections of this title in their application to the acquisition of title to real property required for an im- provement when acquired in a pro- ceeding in which additional lands shall or shall not be acquired cr to the levy- ing of assessments for benefit in such proceedings, except as the provisions of the other sections of this title are in section nine hundred and seventy-a and in this section expressly so limited in their application.— Added by Laws of 1916, Chap. 112. Heal property may be conveyed or ceded to the city - on such terms and conditions the hoard of esti- mate and apportionment may pre- scribe. Sec. 971. An owner of real property which the city is authorized by this act to acquire may convey or cede the same to the city provided such real property be free from en- cumbrances inconsistent with the title to be acquired by the city, on such terms and con- ditions, Including exemptions from assess- ments. as the board of estimate and appor- tionment may from time to fime prescribe, and with the approval of the board of com- missioners of the sinking fund. When a conveyance of such real property shall be accepted the city of New York shall be- come vested with the title to the real prop- erty so conveyed to the same extent and effect as If it had been acquired for the im- provement by a proceeding had for that purpose. Cession of lands and lands under water to the Federai Government for the improvement of navigation of waters within or separating por- tions of the city. Sec. 971-a. The city of New York, acting by the commissioners of the sinking fund of said city, is authorized i to cede, grant and convey to the United States, free of cost, all the estate, right, title and interest of the city of New York in and to any lands and lands under water, acquired by or owned by the city of New Y'ork. required for the improvement of navigation of waters within or sepa- rating portions of said city in accord- ance with the plan or plans, establish- ing bulkhead or pierhead lines in said waters prepared by the secretary of war. Whenever any part of said land or lands under water shall have been ceded by said commissioners of the sinking fund, pursuant to the author- ity here 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 have ceded, pursuant to the provisions of this section; and upon the production of such certificate it shall be the duty of the mayor and 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. The commissioners of the sinking fund may authorize the city of New York to grant and convey the lands under water or filled in lands, between the high water mark and the bulk- head lines established by the secretary of war, of any waters within or sepa- rating portions of the city, so im- proved, to the adjacent upland own- ers upon terms and conditions as in their judgment shall seem proper. [As amended by Chap. 523, Laws of 1915.] Board of Estimate ami Apportlon- men to determine the portion ol cost of proceeding" to he home liy the olty and by the real property benefited. Seo, 977, The board of estimate and appor- tionment Rhall In every case determtnt whether any, and if any, what portion of the cost and oxpenea of any proceeding authorized by this title shall be borne and paid by the Eagle Library-THE CHARTER OF THE CITY OF NEW YORK 127 city of New York and the whole of the re- mainder of such cost and expense, as the case may be, shall be assessed upon the real property deemed by the said board to be bene- fited by the Improvement, and said board may also determine In any proceeding or class of proceedings, or generally, that tho expense of the bureau of street openings incurred by reason of the provisions of this title, and the cost and expense incurred by the respective borough presidents of the boroughs in which the real property to be acquired is situated. In the preparation of rule, damage and bene- fit and tax maps, shall be borne and paid by the city of New York, and the whole or remainder of such cost and expense, as the case may be. shall be assessed upon the real property deemed by the said board to be bene- fited thereby. The determination of said board in any proceeding as to the portion of cost and expense thereof to be borne and paid by the city of New York, and as to the portion thereof to he assessed upon the real property benefited by the improvement shall, after it shall have been made and announced, be final, and such determination shall not be reconsid- ered by said board; except that in any pro- ceeding heretofore or hereafter to be instituted in which tho area of assessment for benefit adopted by the said board, pursuant to the provisions of this section, shall include any real property of a corporation, the real prop- erty of which is exempt by law from assess- ments levied pursuant to the provisions of this title, the said board may, at any time before the entry of the final decree of the court as to assessments or before the final confirmation of the report of the commissioner of assessment appointed in the proceeding, as the case may be, for which such area has been adopted, reopen and reconsider and change its determination or decision as to the portion of the cost and expense of the proceeding to be borne and paid by the city of New York and as to the portion to be borne by the property benefited. Ronrd of Estimate and Apportion- ment to ndopt area of assessment. Sec. 973. Whenever the board of estimate and apportionment shall have directed that any real property shall be acquired for the purposes provided for in this title, and shall have determined that a portion of the cost and expense of the acquisition thereof shall be borne by the real property benefited there- by, it shall. In the resolution directing the institution ^f the proceeding, fix and de- termine upon an area or areas of assessment for benefit, and it may review and alter such area of assessment at any time before the entry of the final decree of the court as to assess- ments or the entry of the order of the court confirming the report of the commissioner of assessment, as the case may be, and it may also divide the area or areas of assessment or partial or separate areas of assessment de- termined upon by it, into zones or sub-areas of benefit, and may direct what proportion, in percentage, of the cost and expense of the proceedings shall he made a charge upon and shall be distributed by the court or the com- missioner of assessment, as the case may be over and upon such zones or sub-areas of benefit in proportion to the benefit received. Said board shall give notice in the “City ■Record’’ and corporation newspapers when it Is considering the advisability of instituting proceedings to acquire title, of the proposed area of assessment for each street or a num- ber of streets or of a sub-area of assessment for each street in case two or more streets are joined in one proceeding, and of the proposed zones or sub-areas of benefit contained within the entire area of assessment and of the pro- posed proportion in percentage, of the cost and expense of the proceeding which it may di- rect to be distributed within 6uch zones or sub-areas and of a hearing thereon. The notice may set forth and descr be the pro- posed area of assessment and the zones and sub-areas thereof, and the respective per- centages of the cost and expense to be borne bv such zones and sub-areas by means of a diagram which shall show the same with reference to the map or plan of the city. Similar notice shall be given of a proposed revision or alteration of the area or sub-area of assessment theretofore fixed by it or of the partial or separate areas or zones or sub- areas theretofore fixed by it, or of the per- centages which it may direct to be distributed, levied and raised upon such areas. Whenever the board of estimate and apportionment shall in a case where the compensation is to he ascertained by commissioners of est'mate di- rect that any portion of the cost and expense of a proceeding shall be assessed upon the real property within one or more entire boroughs, it shall fix the compensation to b? paid to the commissioner of assessment for making such distribution. norougli Pref»l«lent» to furnish ntapv, €'t cetern. Sec. 974. The president or presidents of the borough or boroughs in which the real prop- erty to be acquired or to be assessed for bene- fit in any proceeding is situated shall furnish .o the court, or to the commissioners of esti- mate and the commissioner of assessment, as the case may be. such maps, surveys or dia- grams as the court, or the commissioners of estimate or the commissioner of assessment, as the case mpv be, shall require, to enable the • or • ‘ft commir-Umers of estimate or the commissioner of assessment, as tho case may be, to hear and determine the claims of the owners of the real property affected by the proceeding. The surveys and maps fur- nished as aforesaid shall distinctly indicate by separate numbers the names of the claim- ants to or of the owners of the respective parcels of real property to be taken or to L* assessed for benefit by such proceedings as far as the same are known and shall also specify in figures with sufficient accuracy the dimensions and bounds of each of the said tracts to be taken or to be assessed. In all cases the lots on the benefit maps shall be designated on such maps by the same ward or block and lot numbers or other designa- tions as shall be used to designate the said real property on the tax books and the tax maps of the city of New York; provided that in case any lot designated on such tax books shall not be assessed ae a whole, but either as to a part or in separate parts there shall be added to the designation such letters, numbers or figures or other description as may be necessary in order to indicate the exact par- cel or parcels comprised in such tax lot which is or are assessed. In case of an assess- I ment for benefit upon the real property in one or more entire boroughs, it shall not be necessary to prepare benefit maps, but only to refer to the parcels assessed by reference to the block, lot arid ward numbers as shown on the tax maps of the city of New York for said borough, but all subdivisions of any such lot or parcel shall be described as aforesaid. The court or commissioners may require any board, department or officer of the city of New York, if the corporation counsel shall approve, to furnish such other surveys and maps and other information as shall aid and assist the court or commissioners in the tral or determination of the proceeding. The hoard, department or officer furnishing such surveys, maps or information shall certify to the cor- poration counsel the cost and expense incurred in making such surveys and maps and furnish- ing such information, and the whole of 6uch cost and expense so certified, or such part thereof as the board of estimate and appor- tionment shall determine, shall be included in the assessment for benefit, after the same shall have been taxed by the court. ItoroiiRh Presidents to certify to tlie Corporation Counsel cost of maps, et cetera. Sec. 975. The respective borough presidents of the boroughs in which any real property is directed to be acquired for purposes author- ized by this title, shall, in the preparation of maps required by the court or by the com- missioners, as the case may be, make a monthly written return to the corporation counsel, duly verified, showing the names of persons employed, and the number of hours occupied by them in the preparation of such maps, and the date of the days of each month so occupied, their respective salaries, and the amount of such salary apportioned to each proceeding according to the time employed thereon. Such return shall be considered presumptive evidence of the correctness of the expense thereof, which if the board of esti- mate and apportionment so determine, shall be included in whole or in part in the assess- ment for benefit in any proceeding after the same shall have been taxed by the su- preme court in tho manner provided for taxation of bills of costs and expenses in such proceeding. The salaries of the persons so employed or the proportionate share thereof chargeable to the preparation of rule, damage, and benefit maps, shall be paid monthly in the first instance out of the fund known as the fund for street and park openings upon pay rolls and vouchers duly certified by the re- spective borough presidents in the same man- ner ae the employees of the bureau of street openings are paid. Vesting* of title in tlie city t© real property taken for streets or parks or other purposes. Sec. 976. Should the board of estimate and apportionment at any time deem it for the public interest that the title to the real property required for any improvement, author- ized here’n. should be acquired by the city of New York at a fixed or specified time, the said board of estimate and apportionment may direct, by a three-fourths vote, ihat upon the date of the entry of the order granting the application to condemn or upon the date of the filing of the oaths of the commissioners of estimate, as the ca«3e may be. as provided for in this title, or upon a specified date after ; either, the title to any piece or parcel of i real property lying within the lines of any j such street or park, or of any improvement 1 herein authorized, shall be vested in the city t of New York. Upon the date of the entry of the order granting the application to con- - dernn, or upon tie date of the filing of such J oaths, as the case may be, or upon auch sub- j sequent date as may be specified by said board, the city of New York shall become and ! be seized in fee of. or of the easement, in, ; over, upon or under, the said real property described in the said reso* »t’on. a the beard of estimate and an^nrtionment may determine, the same to he held, .appropriated, converted and used to and for such purpose accordingly. ; In such cases interest at the legal rate upon j the sum or sum* to which the owners 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 final decree of the court or to the date of the report of the commissioners of estimate, as the case may be, shall be awarded by the court or by the commissioners, as the case may be, as part of the compensation to which such owners are entitled. In all other cases, title as aforesaid shall vest in the city of New York upon the filing of the final decree of the court or upon the entry of the order confirming the report of the commissioners of estimate, as the case may be, and me re- versal on appeal of the final decree of the court or of the order of confirmation, as the case may be, shall not divest the city of title to the real property affected by the appeal. Upon the vesting of title the city of New York, or any person or persons acting under its authority, may Immediately, or any time thereafter, take possession of tho real prop- erty so vested in the city, 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 real property re- quired 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. If any individual or cor- poration before the entry of the order grant- ing the application to condemn or before the appointment of the commissioners of esti- mate, as the case may be, lias acquired by private grant, prescription or otherwise, any easement for the purpose of laying or main- taining in the real property to be acquired for street purposes as herein provided, under- ground pipes or conduits for the distribution of water, gas. Steam or electricity, or for pneumatic service, such easement shall not bs extinguished, but the title to the real property so to be acquired for the purposes herein pro- vided for shall be taken subject to such ease- ment: provided, however, that nothing herein contained shall be eo construed as to limit the power of the city of New York to acquire by purchase or by condemnation proceedings the entire plant or service of such individual or corporation, or to acquire such easement in such street in any other appropriate pro- ceedings. The title in fee acquired by the city of New York to real property required for ail purposes provided for in this title, except street purposes, shall be a fee simple absolute. Corporation Counsel to represent in- terests of city before tlie court or commissioners, and provide clerks and offices; expenses. Sec. 977. The corporation counsel shall fur- nish the court or the commissioners of esti- mate and the commissioner of assessment, who may be appointed in any. proceeding author- ized by this title, as the case may be, such necessary clerks anti other employees as may he required: and shall provide such suitable offices for the commissioners, clerks and other employees as may be required to enable tho court or commissioners, as the case may he. to fully and satisfactorily discharge the duties imposed by law. The corporation counsel shall, either in person or by such assistant or as- sistants as he shall designate for the purpose, appear for and protect the interest of the city in all proceedings in court or before the commissioners. All salaries of tho assistants and other employees of the bureau of street openings, and all necessary expenses and dis- bursements which the city of New York and the corporation counsel, on behalf of the city of New York, shall incur under the provisions of this act shall be paid by the comptroller of the city of New York out of the fund for street and park openings provided for by exist, ing laws, and if the board of estimate and apportionment so direct, shall be borne and re- imbursed and paid to the city of New York by the parties and persons Interested and en- titled. as owners or otherwise, unto and In the real property deemed to be benefited, and the same shall be Included in and taxed by the court, upon due proof of tfie services ren- dered, and disbursements charged as part of the necessary costs and expenses of the eaid proceedings; but such expenses and disburse- ments shall not be included in the assess- ments for benefit until after the same have been taxed before a justice of the supreme court In the appropriate department, and have been directed to be so included by the board of estimate and apportionment. An amount estimated to be sufficient to cover the legally taxable costs, charges, expenses and disburse- ments of the bureau of street openings, which are necessary to L»e incurred in a proceeding, between the date to which the final bill of costs shall be made up and the date of the entry of the final decree of tho court or tho date of the order confirming the reports of the commissioners, as the case may be, may be taxed by the court and included in the assessments for benefit in the proceeding. City entitled to eoinneiisation and liable to ns.sessinen t. •Sec. 97S. If any real property belonging to the city of New York, or in which it may be interested, shall be acquired for or shall be benefited by any such improvement, the city shall be entitled to compensation for the loss and damage it may sustain, and shall be liable to pay for the benefit and advantage it may be deemed to acquire thereby, in like manner as other owners. The assessment against caota 128 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK parcel owned by the city shall be separately stated In the tentative and final decrees of the court or the abstract and report of the commissioner of assessment, as the case may be, and the total amount of all such assess- ments upon real property owned bv the city shall also be stated in a gross sum in the final decree of the court or in the reoort of the commlesioner of assessment, as the case may be. Contracts of landlord and tenant or other contracting: parties; how « tFccted. £ee. 979. Where the whole of any lot or parcel of real property, under lease or other contract, shall be taken for any of the pur- poses aforesaid, by virtue of this title, all the covenants, contracts and engagements be- tween landlord and tenant, or any other con- tracting parties, respecting the same, or any part thereof, shall, upon the vesting of the title in the city of New York, cease and de- termine and be absolutely discharged: and where part only of any lot or parcel of real property, so under lease or other contract, shall be so taken, all contracts and engage- ments respecting; the same shall, upon such vesting of title, cease, determine and be abso- lutely discharged, as to the part thereof so taken, but shall remain valid and obligatory as to the residue thereof. Costs and charges; taxation thereof. Sec. 9S0. Except as herein otherwise pro- vided no fees of commissioners or other costs or charges 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 herein provided. Upon such taxation, due proof of the nature and extent of the service rendered and disbursements charged shall be furnished and no unnecessary costs shall be allowed. A bill of said costs, charges and expenses shall be filed in the office of the clerk of the county in which the order granting the application to condemn or the order appointing the said commissioners, as the case may be. has been entered, at least ten days before the same shall be presented for taxation. All such costs, fees and expenses or disbursements, which by law are required to be taxed, shall be stated in detail in the bill of costs, charges and expenses and shall he accompanied by such proof of the reason- ableness thereof and of the necessity therefor, as is now required by law and the practice of the sa'd court upon taxation of costs and disbursements in other special proceedings or actions in said court. There shall be an- nexed a statement of the amounts, if any, previously taxed. to whom such amounts were payable, and the date of such taxation. A notice hv advertisement shall be published for ten days in the “City Record’’ and the corporation newspapers, and a copy of such notice served upon the corporation coun- sel, 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 final decree or final decrees of the court or the report or reports of said commis- sioners, as the case may be, shall be prepared. On the taxation of the final bill of costs there may be a retaxation of any bill previously taxed in the same proceeding, if sufficient rea- son therefor be made to appear. The corpo- ration counsel shall present to the justice or referee upon such taxation his certificate in writing that the items of costs, charges and expenses have been audited and examined by him, and also setting forth the result of such audit and examination. The certificate of the corporation counsel shall be presumptive evi- dence of the correctness, reasonableness and necessity of such costs, charges and expenses. Property owners appearing in proceedings in- stituted pursuant to this title shall not be en- t'tied to recover counsel fees, costs, disburse- ments or allowances. Dr niagoN for mil property taken; when to l?e paitl. Sec. 9S1. All damages awarded by the court with interest thereon from the date of filing of the final decree, or awarded by the com- missioners of estimate with interest thereon from the date of such commissioners’ report, a-s the case may be. and ail costs and ex- penses which may be taxed, shall be paid by the city of New York to the respective owners mentioned or referred to in said final decree, or in the report of the commissioners of esti- mate. as the case may be. or to the persons and parties in whose favor -such costs or ex- penses shall be taxed. Interest shall cease to run on the sums awarded as damages six months after the date of the filing of the final decree or after the date of the entry of the order confirming the report of the commission- ers of estimate, as the case may be, unless within that time demand therefor, in writing, be served upon the comptroller. Said dam- ages. costs and expenses shall be paid from the fund for street and park openings pro- vided for in this act. and by existing laws. The owners to whom an award shall be made In such proceedings, and the person in whose favor costs and expenses may be taxed, shall rot have 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 owner or person, in case of the failure of the comptroller of said city to pay the same within thirty days after demand therefor, shall by order require and direct the comptroller to pay the said awards, costs and expenses from the said fund, and enforce said order in the same manner as other orders of said court are en- forced. Provided, however, that whenever the amount of damages awarded in any final de- cree or report of commissioners of estimate as the case may be, together with the costs, shall exceed the balance remaining in said fund after deducting all outstanding 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 own-er to whom an award shall be made in such proceeding, and the person 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 pay the same, except that when any sum or sums shall in said final decree or In the report of the commissioners of estimate, as the case may be, be made to unknown own- ers, the supreme court shall, upon the appli- cation of said city of New York, or of any person entitled to. or claiming to be interested in the real property for which said awards have been made, or any part thereof, either di- rect the same to be retained by the comptroller, or to be paid into the supreme court, until the title thereto, or the respective estates and interests of all parties therein shall be de- termined by said court, and upon such applica- tion. the sa ; d court shall take the proof and testimony of the claimant or person interested in the real property for which said award has been made, or refer the matter to a ref- eree for such purpose. Jn any proceeding here- tofore or hereafter instituted pursuant to the provisions of this title, for the acquisition of title to real property by the city of New York, in which title thereto shall have become vested in said city by virtue of a resolution of the board of estimate and apportionment, the said board may authorize the comptroller of said city to pay to the person entitled to an award for real property acquired in a proceeding, in advance of the final determination of his dam- ages. a sum to be determined by the board of estimate and apportionment. not exceeding sixty per centum of the amount estimated as damages by the expert or experts employed by the corporation counsel in said proceeding, which amount shall he certified to the comp- troller by the corporation counsel. Before any such advance payment shall be made the comptroller shall procure the certificate of the corporation counsel -showing that the person, to whom payment is to be made, is the per- son legally entitled to receive the same. If the board of estimate and apportionment shall au- thorize a partial payment in advance to any person entitled to an award, interest on the sum so authorized to be paid in advance shall cease to run on and after a date five days after such person shall have been notified by mail or otherwise that the comptroller is ready to pay the same. In case the person entitled to an award at the date of the vesting of title to the real property in the city shall have transferred or assigned his claim, such trans- fer or ass ; gnment made by him. or by his successor in interest or legal representative, shall not become binding upon the city of New York unless the instrument or instru- ments evidencing such transfer or assignment shall have been executed and filed in the office of the comptroller of the city of New York as in this title provided, prior to any such ad- vance payment. When any such advance pay- ment shall have been made, the comntroiler shall, on paying the awards made for the real property acquired. deduct from the total amount allowed as compensation the sum ad- vanced plus interest thereon from the date of the payment of such advance to the date of the final decree or the date of the report of the commissioner, as the case may be. and the balance shall be paid as herein provided. In case an advance payment shall have been authorized and the person entitled thereto shall have been notified by mail or other- wise that th° comptroller is ready to make 6uch advance payment, interest on the amount so authorized to be paid in advance from a date five days after notification by the ermptroiler that he i<= ready to make such advance payment to the time the person en- tilled thereto shall accept such advance pay- ment. shaM be deducted by the comptroller on naying tbe award? therefor from the total amount allowed as compensation to such per- son. Such advance payment shall be made out of the fund for street and park openings. Instruments assigning or pleilginc awards to be tiled in the office of the comptroller. Sec. 982. In case of the pledge, sale, transfer or assignment of an award by the person en- titled to receive the same by virtue of the re- port of the commissioners, cr the final decree 'of the court, a? the case may be. or by other order of the court, the instrument evidencing such pledge, sale, transfer or assignment, ac- knowledged or proved as instruments are re- quired to be aeknowledged or proved for the recording of transfers of real property, shall filed in the office of the comptroller, who shall indorse on the said instrument its num- ber and the hour, day, month and year of its receipt. If an assignment of an award be contained in an instrument recorded in an office in which instruments affecting real property are by law required to be recorded, a certi- fied copy thereof may be filed in the office of the comptroller in place of the original. An index shall be kept in alphabetical order under the name of the pledgor or assignor and also the pledgee or assignee, stating the title of the proceeding, the time of filing of the instrument, the file number thereof, and what part of the award is assigned thereby. A memorandum of the file number of the instrument shall be made by the comptroller on the duplicate de- cree of the court or the duplicate repert of the commissioners, as the case may be, opposite the place where the amount of the award so assigned is set forth. Every such instrument not so filed shall be void as against any sub- sequent pledgee or assignee in good faith and for a valuable consideration from the same pledgor or assignor, his heirs, adminis- trators or assigns, of the same award or any portion thereof, the assignment of wdiich is first duly filed in the office of the comptroller. Payment to the assignee or pledgee shown to be entitled to the award by such record in the office of the comptroller shall protect the city from liability to any otiier person or persons. Moneys of persons under disability* how disposed of; moneys paid to persons not entitled thereto. Sec. 983. When an owner in whose favor an award shall have been made in a final decree or in a report of commissioners of estimate which has been confirmed by the court, as the case may be. is under legal disability, or ab- sent from the city of New York, and when the name of the owner shall not be set forth or mentioned in the final decree or in the report of the commissioners of estimate, as the case may be. or when the owner, although named in said decree or report, cannot upon diligent inquiry be found, or where there are adverse or oconflicting claims to the money awarded as compensation. the city shall pay suen award in the supreme court to be se- cured. disposed of. invested and paid out as the said court shall direct and such payment shall be as valid and effectual in all respects as if made to the person entitled thereto; and in default of such payment into court the city of New Y'ork shall be and remain liable for such award with lawful Interest thereon from a date one year after the date of the final decree or the date of the entry of the order confirming the report of the commissioners of estimate, as the case may be. to the person or persons who may thereafter be found entitled to the same. Where an award shall be paid to a person not entitled thereto the person to whom it ought to have been paid may sue for and recover the same, with lawful interest and costs of suit, as so much money had and received to his use, by the person to wliom the same shall have been so paid. Payment of an award to a person named in the final decree of the court or the report of the commissioners, as the case may be, as the owner thereof, if not under legal dis- ability, shall, in the absence of notice In writing to the comptroller of adverse claims thereto, protect the city. Smii.M to l>e equally and proportion- ately assessed. Sec. 984. All moneys paid under the pro- visions of this title by the city of New' York for the real property acquired for the im- provement except such part thereof as the hoard of estimate and apportionment shall direct to be borne and paid by the city of New' York shall be assessed by the court or bv the commissioner of assessment as the case may be. equally and proportionately, as far as the same may be practicable, upon the real property which the hoard of esti- mate and apportionment shall deem bene- fited by tbe improvement, and shall be a lien and charge thereon, and shall be applied, levied and collected in the manner pro- vided by law for the assessment, levy and collection of similar expenses and disburse- ments for the reimbursement of the city treasury. Sums assessed to lie liens; provi- sions of title three of this chapter not applicable. Sec. 985. The sur.-s assessed by the court or by the commissioner of assessment as the case may be. for the benefit and advantage of the improvement shall be a lien or charge on the real property specified in the final decree of the court or In the report of the commissioner of assessment as the case may be, but nothing here n contained shall affect any agreement between land- lord and tenant or other contracting parties respecting the payment of such assessment. Nothing contained in title three of this chapter relating to the vacation and reduc- tion of assessments shall apply to assess- ments made and levied pursuant to this title. Eagle Library -THE CHARTER OF THE CITY OF NEW YORK' - .-** - 1.2*> Comptroller .skull publish notice of tlliiitt- file final decree of asse«M- meiiCs anil notice of confirmation of report of commissioner of as- sessment. Sec. 986. The corporation counsel shall transmit to the comptroller, immediately after the tiling of the final decree of the court as to assesments for benefit or the confirmation of the report of the commis- sioner of assessment, as the case may be. for any improvement provided for in this title, a duplicate copy of the final decree of the court or a duplicate copy of the report of the commissioner of assessment, together with a certified copy of the order of con- firmation as the case may be. relating there- to. and if such assessment affect real prop- erty in a borough other than the borough of Manhattan a triplicate copy of the final decree of the court as to the assessments for benefit or a triplicate copy of the report of the commission of assessment, together with a certified copy of the order of con- firmation, as the case may be. and the comptroller shall give public notice by ad- vertisement for at least ten days in the “City Record," and the corporation news- papers, as soon as practicable and within ten (h. s after reoeint thereof that the final decree of the court as to assessments for benefit has been filed or that the report of the commissioner of assessment has been confirmed, as the case may be. specifying the title of such assessment, the date of the filing of the final decree of the court as to assessments for benefit or the date of the entry of the order confirming the report of the commissioner of assessment, as the case may be, and also the date of entry in the “record of assessments confirmed." kept in the bureau for the collection of assessments and arrears, notifying all persons, owners of the real property affected by any such assessment, that, unless the amount as- sessed for benefit on any parcel of real property shall be paid within sixty days after the date of said entry of any such as- sessments. interest shall thereafter be col- lected thereon as provided in the following section: and all provisions of law or ordi- nance requiring any other or different notice of assessments and interest thereon are hereby repealed. Interest to be eharjyeil on assess- ments If not paid in sixty days. Sec. 987. If any such assessment shall re- main unpaid for the period of sixty days after the date of entry thereof in the said "record of assessments confirmed,” the of- ficer authorized to collect and receive the amount of such assessment shall charge, col- lect and receive interest thereon at the rate of seven per centum per annum, to be caculated to the date of payment from the date when such assessment became a lien, as provided by section one hundred and fifty-nine of this act. Assessments may be set oil' agrainst award. Sec. 988. If an owner to whom an award shall have been made in the final decree of the court as to awards or in the report of the commissioners of estimate, as the case may be, also own real property against which an assessment in the final decree of 1 lie court as to assessments or in the report of the commissioner of assessment, as the case may be. shall have been entered for collection in the same proceeding, he may. at any time prior to receiving payment of the award, apply to the comptroller and collector of assessments and arrears to have the award set off against the assessment, and thereupon such set-off shall be made as of the date of the entry of the assessment for collection. Tf the award exceed the as- sessment. the city shall be liable for Interest only on the amount of such excess. If the assessment exceed the award, the owner as- sessed shall be liable for Interest on the amount of such excess as if no set-off had l/een made. If it shall appear by the final decree of the court as to awards or by the report of the commissioners of estimate, as the case may be or otherwise, that a per- son entitled to an award also owns property against which an assessment in the same proceeding shall have been entered for col- lection, the city may. without the assent of the person entitled to the award, set off the assessment against the award. Such set-off shall be made by the city in the same manner and have the same effect as if made on the application of the person en- titled to the award. Notice in proceed I ng.s t o open mtr eet»; how posted. Sec. 989. Whenever hand bills are re- quired by statute to be posted in any pro- ceeding provided for in this title, they shall be posted or affixed with paste or other ad- hesive substance in three conspicuous places upon or near the real property to be taken in such proceeding, and proof by affidavit that such notice has been posted shall b# sufficient evidence that said notice remained posted during the whole of the period re- quired by law. Order of court granting’ application to condemn unit order appointing’ commissioners to be filed in the oftiee where instruments affecting real property are required to be recorded. Sec. 990. The corporation counsel shall within ten days after the entry of an order granting an application to condemn or of an order appointing commissioners of estimate, as the case may be, in the office where in- struments affecting real property are re- quired in a proceeding authorized by this title, file a copy of such order to be recorded, in the county in which the real property to be acquired is situated. There shall be en- dorsed upon such copy order a reference to the section and block, or sections and blocks on the land map of the city of New York in and for such county which includes the real property to be taken by such proceed- ing or abuts thereon. The legister or county clerk with whom such copy order shall be filed shall index in the index of convey- ances on each block so endorsed on said copy order a statement giving the title of said proceeding and the date of the entry of said order. Procedure in case property to be ac- quired is situated in two or more counties; filing of orders, reports and decrees in such cases. Sec. 991. If the real property to be ac- quired in any proceeding be situated in two or more counties, the application to condemn such real property, or the motion to appoint commissioners as the case may be, may be made to the supreme court, at any special term thereof, held in any judicial district in which any one of the said counties is sit- uated. If the real property to be acquired iu any proceeding be situated in two judicial districts, the application to condemn the same or the motion to appoint commission- ers. as the case may be. may be made in either judicial district. The order granting the application to condemn, or the order ap- pointing commissioners, as the case may be, in any such proceeding, shall be entered, and the final decree of the court, or the final report of the commissioners there- in. as the case may be. shall be filed in the office of the clerk of any one of the counties in which a part of the prop- erty to be thereby acquired is situated, as the court shall direct, and a certified copy of the order granting the application to condemn, or a certified copy of the order appointing commissioners, as the case may be, and a certified copy of the final decree, or a duplicate report of the commissioners, with a certified copy of the order con fir m- *ng the same, as the case may be, shall be filed in the office in which instruments af- fecting real property are required to be recorded, in the other county or counties in which any part of the property thereby acquired is situated. In all other respects the proceeding shall be conducted in the same manner as a proceeding affecting real property situated in only one county. Discontinuance of proceedings by Iloanl of Estimate and Apportion- ment. Sec. 992. The board of estimate and apportionment may discontinue any legal proceednig taken for the purpose provided for in this title, as to the whole or a part of the lands to be acquired in such pro- ceeding. at any time before titlo to the real property to be thereby acquired shall have vested in the city of New York, and may cause new proceedings to be taken for the condemnation of such real property. The resolution of the board declaring any such proceeding discontinued shall effect the dis- continuance of such proceeding or such part thereof as may be discontinued. But in case of such discontinuance the reasonable actual cash disbursements, necessarily incurred and made in good faith by any party interested, shall be paid by the city of New York, after the same shall have been taxed by a jus- tice of the supreme court, or by a referee under his special order, upon ten days' notice of such taxation being previously g ven to the corporation counsel, provided the application to have such disbursements taxed shall be made and presented to the court within one year after the adoption of the resolution of the board discontinuing the proceeding in whole or In part. The amounts taxed as disbursements shall be due and payable thirty days after written demand for payment thereof shall have been filed with the comptroller. Discontinuance of a proceeding by the court. Sec. 992. If persons appearing by the tentative decree to be the owners of a ma- jority in amount of awards and liable for a majority in amount of assessments shall, at any time before the signing by the court of the final decree, apply for the discon- tinuance of the proceeding, or if upon the application for the confirmation of the re- port of the commissioners of estimate and of the report of the commissioner , of assess- ment, persons a}j3geaf, b$ ’the said reports to be owners . <»£*■ a- ina»jorIbw Mil 0 amount of awards an$ , i'pf, £ 'fyajjcfrlt^ in amount of assessments shall appear and object to further proceedings upon the said reports, the court, provided title to the real prop- erty being acquired shall not have hereto- fore vested in the city of New York, and provided the real property being acquired be not required for a public park, park- way, public square or public place, shall order the proceedings to be discontinued, and may, in its discretion, impose as a con- dition that the persons so objecting or petitioning for such discontinuance shall present to the court a certificate, signed by the comptroller, that the city of New York has been reimbursed for the expenses incurred by it on account of such proceeding. Amendment of defects, et cetera. Sec. 994. The court may at any time amend any defect or informality in any notice, petition, pleading, order, report or decree in a proceeding authorized by this title, or cause real property affected by such defect, inform- ality or lack of jurisdiction to be excluded therefrom, or other real property affected by such defect*, informality or lack of jurisdiction to be included therein by amendment, upon ten days’ notice, published and posted as pro- vided by this title for the institution of a proceeding, and may direct such further no- tces to be given to any party in interest as it shall deem proper. Appeal to tlie Appellate Division. Sec. 99G. The city of New York or any party or person affected by the proceeding and ag- grieved by the final decree of the court therein as' to awards or as to assessments, or cither of them, or by the order of the court entered on the motion to confirm the report of the commissioners of estimate or of the commis- sioner of assessment, or either of them, may appeal to the appellate division of the court. Such appeal shall be taken and heard in the manner provided bv the code of civil pro- cedure and the rules and practice of the court in relation to appeals from orders 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. The determination of the appellate di- vision shall be in the form of an order. But, the taking of an appeal by any person or persons shall not operate to stay the proceed- ings under this act, except as to the particular parcel of real property with which the r.ppeal is concerned; and the final decree of the court or the order of the court confirming the report or reports, as the case may be, shall be deemed to be final and conclusive upon all parties and persons affected thereby, who have not appealed. Such appeal shall be heard upon the evidence taken by the court or such part or portion thereof as the justice who made the decree may certify, or upon the evidence taken before the commissioners or such part or portion of such evidence as the justice who made the order confirming the report of the commissioners may certify, or the parties to said appeal may agree upon as sufficient to present the merits of the questions in respect t<> which such appeal shall be had. An appeal taken but not prosecuted within six months after the filing of tne notice of appeal, unless the time within which to prosecute the same shall have been extended by an order of the court, shall be deemed to have been abandoned and no agreement between the parties ex- tending the time within which the said ap- peal may be prosecuted shall vary the provi- sions hereof. When a final decree of the court: or a report or reports of commissioners shall be reserved on appeal, the court or the com- missioners of assessment, as the case may be, shall have power to make such additional as- sessment for benefit as may be necessary. Appeal to Court of Appeals author- ized. Sec. 996. An appeal to the court of appeals may be taken by the city or any person or party interested in the said proceeding and ag- grieved by the order of the appellate division. Such appeal shall be taken and heard in the manner provided by the code ot civil procedure and the rules and pract'ce of the court of ap- peals in relation to appeals from orders in special proceedings. An appeal taken but not prosecuted within six months after the filing of the notice of appeal, unless the time within which to prosecute the same shall have been extended by an order of the court, shall be deemed to be abandoned, and no agreement between the parties to the appeal extending the time to prosecute the same shall vary the provisions thereof, 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. If the final decree or decrees of the court, or the final report or reports of the commissioners, shall be re- versed by the court of appeals, the court or the commissioner of assessment, as the case may be. shall have power to make such addi- tional assessments for benefit as may be neces. sary. . . 130 Eagle Library-THE CHARTER OF THE CITY OF NEW YORK Columbia College, St. Jofrn A s (uil^R'e and University of t!ie C’ty of New York; Streets not ttn. !>e opened through ground's of. Sec. 997. It shall be unlawful to open any streets through the grounds belonging to the corporation of Saint John’s College, in its actual occupation at what was formerly known as Fofdham, or through or upon any part of the land and premises now owned by the University of The City of New York, extend- ing from Sedgwick avenue to Aqueduct ave- nue, in the city of New York, and lying im- mediately south of and adjacent to One Hun- dred and Eighty-first street, sometime called University avenue, so long as the same shall be owned or occupied for educational purposes by the said university; 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 avenue, at any time hereafter, and provided that the said University of The City of New York shall dedi- cate without claim or reward for damages all of the land required for East One Hundred and Eighty-first street, between Andrews ave- nue and Aqueduct avenue. No street from One Hundred and Sixteenth street to One Hun- dred and Twentieth street, or from Amster- dam avenue to the Boulevard, shall at any time be opened through the grounds of* Columbia College, «o long as such grounds are owned or occupied for educational purposes. ARTICLE II. PROVISIONS RELATING TO PRO- CEDURE FOR ASCERTAINMENT OF COMPENSATION FOR DAM- AGES AND ASSESSMENT FOR BENEFIT BY THE SUPREME COURT WITHOUT A JURY. A pullout Jon to tlie court to condemn, Sec. 999. Whenever, prior to the first dav of January, nineteen hundred and seventeen the acquisition of title to real property for the* our poses herein specified have been du'iv authorized' as provided by this act, and the board of estimate and apportionment shall have de- termined that the compensation to be paid to the respective owners of the real property shall be ascertained by the supreme court without a jury, and whenever on and after the first day of January, nineteen hundred and seventeen, the acquisition of title to and property for the purposes herein specified shall have been duly authorized as provided by this act, the corporation counsel shall Immediately institute a proceeding to acquire title for the use of the public to the real property required therefor and shall give ' notice by advertisement published for ten daj s in the City Recod, ’ and the corpora- 1 tion newspapers, and by causing copies of ! said notice in the form of handbills to be 1 posted for the Rame space of time In three conspicuous places, upon or near the real property to be affected by the intended im- : provement, that he Intends to make applies- ' tion to the supreme court, at a time and place ! specified in said notice, to have the com- ' pensation which should lastly be made to the respective owners of the* real property proposed to be taken, ascertained and de- termined by the supreme court without a jury, and in a proper case to have the cost of such improvement or such portion thereof as the board of estimate and apportionment shall direct, assessed by the sa ld court upon such real property as may be deemed by the said board to be benefited thereby, indicat- ing in such notice the real property to be taken by a general description by metes and bounds and by a reference to the maps on file In his office, and referring to the area of assessment as fixed by the board of estimate and apportionment. The area of assessment may be described In said notice by means of a map or diagram Instead of by metes and bounds. Upon such applica- tion the corporation counsel shall present to the court a petition signed and verified him, setting forth the action had by the board of estimate and apportionment With reference to the improvement and Indicating the real property to be acquired by a gen- eral description by metes and bounds and by reference to a map which shall be attached to the said petition and to the maps on file In his office, and praying that the same be condemned by the said court without a jury, and In a proper case to have the cost of such improvement or such portion thereof as the board of estimate and apportionment shall direct assessed by the said court upon such real property as may be deemed by said board to be benefited thereby and re- ferring to the area of assessment as fixed by the board of estimate and apportionment. Order grnnting application to snn- demnl property owners lo file claims; proof of ownership; trial of proceeding; court to view, Sec. 1000. At the time and place men- tioned in said notice, unless the court shall edjoun the said application to a subse- quent day, and in that event, at the time and place to which the same may be ad- journed, upon due proof to its satisfaction of the publication and posting of such notice and upon filing the said petition, the court shall enter an order granting the applica- tion, which shall be filed in the office of the clerk of the county In which the real property affected is situated. Thereupon the corporation counsel shall file in the office of the clerk of the county in which the real property to be condemned is situated a survey or map showing such real property subdivided into parcels corresponding with the separate ownerships thereof as nearly as the same has been ascertained, and shall cause to be published in ten consecutive issues of the "City Record," a notice con- taining a general description of the real property to be acquired and a statement that the map or survey thereof has been filed as hereinbefore provided, and requiring that all owners thereof shall on or before a date therein specified file with the clerk of the court of the county in which such real property Is situated a written claim or de- mand, duly verified, in the manner provided by law for the veiifieation of pleadings in an action, setting forth the real property owned by the claimant and his post-office address. The claimant or his attorney shall within the same time serve on she corpo- ration counsel a copy of such verified claim. The proof of title to the real property to be acquired, in all cases where the same is undisputed, together with proof of liens or encumbrances thereon, shall be submitted by the claimant to the corporation counsel or to such assistant as he shall designate. The corporation counsel shall serve upon all parties or their attorneys, who have served on him a copy of their verified claims, a notice of the time and place at which he will receive such proof of title. In all cases where the title of the claimant is disputed it shall be the duty of the court to determine the ownership of such real prop- erty upon the proof submitted to the court during the trial of the proceeding. The court shall also have power to determine all questions of title incident to the trial of tiie proceeding. After all parties who have filed verified claims as herein provided have proved their title or have failed to do so after being notified by the corporation coun- sel of the time and place when and where such proof of title would be received by him, the corporation counsel shall serve upon all parties or their attorneys who have ap- peared in the proceeding a notice of trial thereof, and shall file a note of issue with the clerk of the court of the county in which the trial is to be had. The trial shall be had in sucli county within the City of New York and within the judicial district In which the real property affected by the proceeding is situated as the corporation counsel in the notice of trial shall designate. The notice of trial shall be served at least ten days before, and the note of Issue shall be filed at least eight days before, the date for which the same is noticed for trial. The note of issue shall briefly state the title of tlie proceeding, the date and place of the entry of the order granting the application to condemn, the names and addresses of the parties who have filed claims, the names and addresses of their respective attorneys, and a brief statement as to the extent of the real property to lie acquired. The clerk of the court must thereupon enter the pro- ceeding upon the proper calendar according to the date of the entry of the order grant- ing the application to condemn. When notice of trial has been served and note of issue filed the proceeding must remain on the calendar until finally disposed of. It shall be the duty of the Justice trying any such proceeding, to view the real property to be thereby acquired, and If he shall deem a view of the real property In the area of assessment necessary or useful he shall also make such view. Tentative decree. Sec. 1001. The court after hearing such testimony and considering such proofs as may be offered shall ascertain and esti- mate the compensation which ought justly to be made by the City of New York to the respective owners of the real property to he acquired; and shall also make a just and equitable estimate of the assessment of the value of the benefit and advantage of such im- provement to the respective owners of the real property Within the area of assessment and in- struct tho. corporation counsel to prepare sepa- rate tabular abstracts of its estimate of damage and of its estimate of assessments for bene- fit. The tabular abstract of estimated dam- age and the tabular abstract of the esti- mated assessments for benefit, respectively, shall set forth separately the amount of loss and damage aTid of benefit and advantage to each and every parcel of reai property | affected by the proceeding, and the names of the respective owners of each and every parcel of real property affected thereby as j far as the same shall he ascertained, and a sufficient designation or description of tlie respective lots or parcels of real property acquired and assessed, by reference to the numbers of the respective parcels indicated upon the maps, diagrams or surveys which shall lie attached to such tabular abstracts. The court shall in its estimate of assess- ments assess any and all real property deemed by the board of estimate and ap- portionment to be benefited, in proportion to the amount of the benefit received. In no case shall any parcel of real property be assessed more than one-half the value there- of. as valued by t-he court. It shall be law- ful if the court shall deem it just and equitable under the circumstances to do so. but not otherwise, to assess any part not exceeding one-third of the estimated value of any building or buildings taken In the proceeding, but not of any other improve- ment upon the City of New fork. If the board of estimate and apportionment shall determine that real property in one or more entire boroughs is benefited by the improve- ment and shall determine that such real property in one or more entire boroughs shall be assessed, it shall not be necessary to at- tach to the abstract of estimated assess- ments for benefit nor to the final decree, any assessment maps; but in such case tlie court shall refer in the tabular abstract of estimated assessements for benefit to the , several parcels of real property assessed for benefit by their respective block, lot and ward numbers as they are shown and de- lineated on the tax maps of the city for said borough or boroughs as prepared and kept by the department of taxes and assess- ments for the current year, in which such tabular abstract of estimated assessments has been prepared and filed. The respective borough presidents shall furbish to the bureau of street openings sets of the tax mans of the City of New York for each borough in duplicate for filing therein and for convenience of reference thereto in the tabular abstract of estimated assessments. The surveyor of the department of taxes end assessments shall make and furnish nr nevessr, " surveys and corrections of the ward maps, necessary to Keep tne maps furnished lo the bureau of street open- i ' t r t h p nurposes of assessment for lenefit as accSrlte as practicable Such tabular abstracts shall be signed by the iustice trying the proceeding and filed with justice iiyins snort in the county in yjrjsi. Notice of filing the tentative decree, and tl.nt objections may be filed thereto; awards not to be reduced nor assessments increased without notice. , . . . i See 1002. Upon the filing of the tentative oe- I cree the corporation counsel shall give B°t*ee bv advertisement 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 real property Is situated of the filing of such tentative decree and that the city of New York and all other parties in- forested in such proceedings, or in any of the real property affected thereby, having any ohjee- Hoi thereto, shall file such objections, in writing, duly verified in the manner required Uy law for the verification of pleadings in an action, setting forth the real property owned by the oliieetor and his post-office address. With said e’e i within twenty days after the first publica- tion of said notice, and that the corporation coun- sel on a date specified in the notice w 11 apply to the justice who made the tentative decree to fix •! time when he will hear the parties so objecting. Every party so objecting nr ins at- tornev shall within the same time serve on the corporation counsel a cony of such vended ob- jections Upon such application the jusdee snail fix the time when lie will hear the parties so objecting and desiring to be beard Similar notice for at least ten days shall he given of the filing of any new, supplemental or amended tentative decree, and for the filing of objections thereto At the time fixed the justice shall heal- th™ nerson or persons who have objected to the tentative decree, or to the new, supplemental or amended tentative decree, and who may then and there appear, and shall have the power to adjourn from time to time until all parties who have filed objections and who desire to he heard shall have been fully hoard. After the filing I of the tentative decree or of any new, or sup* I plcwontai, or amended tentative decree, no award I for damages shall be diminished nor any assess- ment for benefit increased without notice to tho owner of the real property affected or Ills attor- ney appearing in tlie proceeding and an oppor- tunity given for a hearing in regard thereto be- fore signing the final decree. Final decree; preparation thereof; vrhnt to contain; duplicate and triplicate decrees. Sec. 1003. After considering the objections. If any, and making any corrections or alterations in the tentative decree as to awards for damage or assessments for benefit, which the court shall consider just and proper, the justice trying the proceeding shall give instructions to the cor- poration counsel ts to tlie preparation of the fimu coerce, which shall consist of the tentative ! decree altered and corrected In accordance witli the instructions of the justice and the final awards as determined by tlie court set opposite the respective parcel damage numbers in a column headed "filial awards" in the tabular abstract of awards for damage and the final 1 assessments as determined by the court set oppo- Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 131 site the respective parcel benefit numbers in a column beaded “final assessments” In a tabular abstract of assessments for benefit, together with a statement of the facts conferring on the court Jurisdiction of the proceeding ; and of such other matters as the court shall require to be set forth ; also a statement that the amounts set opposite the respective damage parcel numbers in the column headed “final awards” in the tabular abstract of awards of damage constitute and are the just compensation which (lie respec- tive owners are entitled to receive from the city of New York, and that the amounts set opposite the respective benefit parcel numbers in the column headed “final assessments” in the tabu- lar abstract of assessments for benefit consti- tute the sums of money to be paid to the city of New York, for the benefit and advantage de- rived by reason of said improvement, by the respective owners of each parcel so assessed. To tlie final decree shall he attached tlie maps, diagrams or surveys hereinbefore referred to, duly corrected, when necessary. The final de- cree shall set forth the several parcels taken or assessed by reference to the numbers of such parcels on the respective maps, diagrams or surveys and it shall not be necessary to describe any parcels either acquired or assessed by a description of metes and bounds. The final de- cree shall also set forth the names of the respec- tive owners of the several parcels acquired and assessed for benefit as far as tlie same shall have been ascertained, but in all cases where the owners are unknown or not fully known to the court, it shall be sufficient to set forth and state in general terms in the decree the respective sums to be allowed and paid to or by the owners of the respective parcels for the loss anti damage or for the benefit and advantage, as the case may bp, without specifying their names or their estates or interests therein, and in such cases the owners may be specified as unknown. In case the board of estimate and apportionment sliull direct that the whole or a portion of the cost and expense of any proceeding shall ho assessed by tin* court upon the real property in one or more entire /boroughs, it shall be sufficient in the tabular abstract of final assessments to refer to the respective lots or parcels of real property deemed to be benefited by the improvement by reference to the block, lot and ward number on the tax maps of the city of New York for said boroughs as prepared by the lax commissioners of the city of New York in the manner hereto- fore provided. Should any errors exist in the tentative decree or in the mnps. diagrams or surveys attached thereto or should there occur between the date of the tentative decree and the time of the signing by the court of the final decree any changes in ownership resulting in changes in the size or area, by subdivision or otherwise, of any of the parcels of real property to be acquired or to be assessed, tlie court may alter and correct the respective maps, diagrams or surveys to show changes and may make an apportionment of any proposed assessment ren- dered necessary by any subdivision or other change in flic size or area of any parcel assessed between the date of the tentative decree and tlie time of the signing by the court of the final decree as to assessments so as to show such changes in such final decree. In a proceeding embracing only one street, the court may . when authorized by the board of estimate and appor- tionment, fil<’ a tentative decree as to damages embracing either the entire real property to be acquired or successive sections or parcels there- of, and ascertain and estimate the compensation to be made therefor, and make a separate final decree with reference thereto. Such separate or partial tentative and final decree shall he in (he same form, and such proceedings shall be had in respect thereto, ns in respect to the tentative and final decree of the court relative to the entire real property acquired in the proceeding as herein provided for. In case more than' on j at met is joined in one proceeding tlie hoard of estimate nnd apportionment may authorize the court to file a tentative decree of its estimate of damage and of benefits, and n final decree in relation to any one of the streets included in the proceeding. Where partial final decrees a* to awards for damages arc authorized to he made In proceedings for the opening of a single street, the last final decree ns to awards, and the ln«t final decree ns to assessments for benefit, shall be filed at the same tlm®. The final dporpo, to- gether with all of the affidavits nnd proofs upon which the same is ba«cd, shall be filed j n th n office of tlm clerk of the county where the real property affected by the proceeding is situated. 'Hie final decree, unless sr ( aside fir reversed on apnea!, shall be final md conclusive ns well unon the city of New York, as upon the owners of the real property mentioned therein, and also upon all other persons whomsoever. ARTICLE III. PROVISIONS RELATING TO PRO- VE I) V RE FOR ASCERTAINMENT OE COMPENSATION FOR D A M - A GES ANI) ASSESS M E N TS FO R HEN EE IT II V COMMISSIONERS TO ! RE APPOINTED PY THE CO CRT. Notice of ii |>|G l(‘i« t ion and petition for tho appointment of ciimmiie Mionrrs; their appoint incut anil f| iiMliticatlon. See. 1004, Whenever the acquisition of title to real property fur uuy of the purpobca herein I specified shall have been duly authorized by the hoard of estimate and apportionment prior to tlie first duy of January, nineteen hundred and seventeen, and the board shall have determined that the compensation to be paid to the respec- tive owners of the real property shall be ascer- tained by three commissioners of estimate to bo appointed by tlie supreme court, the corporation counsel shall Immediately institute a proceeding to acquire title for the use of the public to the real property rcnulfed therefor, and shall give notice by advertisement published for ten days in the “City Record" and the corporation news- papers and by causing copies of said no- tice in the form of handbills to be posted for the same space of time in three conspicuous places upon or near the real property to be affected by the intended im- provement, that he intends to make application to tlie supreme court at a time and place speci- fied in said notice, for the appointment of com- missioners of estimate and in a proper case of a commmissloner of assessment, indicating in such notice the real property required for that pur- pose. by a general description by metes and bounds and by reference to the maps on file in his office, nnd referring to the area of assessment fixed by the board or estimate and apportion- ment. The area of assessment may be described in said notice by means of a map or diagram instead of by metes and bounds. Upon such ap- plication the corporation counsel shall present to the court a petition signed and verified by him. set- ting forth the action had by the board of estimate and apportionment, with reference to the Im- provement and indicating the real property to he acquired by a general description by metes and bounds and by reference to a map which shall be attached to the said petition and to the maps on file in his office, and praying for the appointment of three com* sioners of estimate to ascertain and deter- mine the compensation to be made to the respective owners of the real property to be acquired, and in a proper case for the ap- pointment of a commissioner of assessment to assess the cost of the improvement, or such portion thereof as the board of estimate and apportionment shall direct, upon such real properly as may be deemed by said board to be benefited thereby and referring to the area of assessment as fixed by the board of estimate and apportionment. At the time and place mentioned in said notice, unless the court shall adjourn the said ap- plication to a subsequent clay, and in that event, at the time and place to which the same may be adjourned, upon due proof to its satisfaction, of the publication and post- ing of such notice and upon filing the said petition, the court shall enter an order ap- pointing three discreet and disinterested per- sons, who shall be citizens of the United States, all of whom shall be residents of the borough in which the real property to be acquired is situated, commissioners of esti- mate and one of said commissioners of esti- mate. commissioner of assessment in said proceeding, for the performance of the duties in this title prescribed. If a single proceeding embrace real property in more than one borough, the commissioners may be residents of any one of such boroughs. The person appointed commissioner of both estimate and assessment shall- be so desig- nated in the order appointing the commis- sioners. The persons so appointed commis- sioners of estimate shall be subject to the right of challenge on the ground of interest, incapacity or disqualification, to be exer- cised by the corporation 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 shall be appointed in his stead by the court. Notice of th° appointment of the commissioners of estimate shall be pub- lished In ten consecutive Issues of the “city Record." and the corporation counsel shall cause a copy of such notice to be served by mail or otherwise any time before the return day specified therein upon such par- ties or their attorneys as have filed a notice of claim or of appearance in the proceeding. The said notice shall specify the names of the persons appointed d,s commissioners' a hd fix a day when the parties may be heard at a special term of the supreme court as to the qualifications of the said commissioners. The persons named as commissioners of esti- mate shall attend at the time and place fixed and may be examined under oath as to their qualifications to act. Any ground of dial-* lenge which would disqualify a judge or juror shall be applicable to them, and any challenge must be tried and determined by the court in the manner prescribed by law in respect to the challenge of jurors, and such determination may be accepted to and reviewed as in the case of jurors. Where a challenge is sustained and a new commis- sioner Is appointed, such new commissioner | shall be subject to challenge in the same I way. to be heard and determined by the court at such time as the court may direct. Yik'si nclcM among coin niiftgioiioi'K : liow filled; coinniiftNloiier.s may net. Sec. 1005. In case the court shall sustain ! a challenge to the qualifications of a com- | mlssioncr. or in case of the failure to qualify, i or of the death, or resignation, or neglect or refusal to act, or of removal of any such commissioner of estimate appointed* under and by virtue of this tide, the court shall, on the application of the city, on notice only to any person interested who may have ap- peared on the prior application, appoint a discreet and disinterested person, who shall be a citizen of the United States, and a resi- dent of the borough where the real property to be acquired id situated, a commissioner in the place and stead of such commissioner so disqualified on a challenge to his qualifica- tions, dying, resigning, neglecting or refus- ing to act, or failing to qualify, or removed, and the surviving or acting commissioners, as the case may he, shall have power to pro- ceed in the execution of their duties, until a successor shall be appointed. Such succes- sor appointed as aforesaid shall possess the same qualifications and be subject to chal- lenge upon the same grounds and in the same general manner as hereinbefore pro- vided. and the time and place for the quali- fication of such successor shall be specified in the order appointing him. In every case of a vacancy among the commissioners of estimate appointed by the court, it shall be lawful for any two of such commissioners so appointed and qualified and who have taken and filed their oaths of office to proceed and to execute and perform the trusts and duties Imposed upon them, and their acts shall be as valid and effectual as the acts of all the commissioners so appointed, if they had acted therein, would have been. In all cases, the acts, decisions and proceedings of two of such commissioners of estimate shall be as binding, valid and effectual as if all of the said commissioners named and appointed had concurred and joined therein. Otiili of commissioners. Sec. 1006. Commissioners when appointed and qualified, and before entering upon the performance of the duties imposed upon them, shall severally take and subscribe be- fore some person authorized by law to ad- minister oaths, the following oath or affir- mation: “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 faith- fully discharge the duties of the office of commissioner 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 com- missioners shall have been entered. Commissioners r per- sons in his or their plav-e. And the said court may, at any time, remove any of said commissioners who, in its judgment, snail be incapable of serving, or who shall, for any reason, in its judgment, be an unfit person to serve as such commission*';. The reason for such removal shall be specified in the order of removal. TITLE 5. SALES OF TAN LIENS ON LANDS FOR TAXES. ASSESSMENTS AM) WATER RENTS. Wlioii lino anil Miller renin In lie lieim on lumln nnnenni'il. Sec. 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 he laid or may have heretofore been laid, upon any teaj estate now in said city, shall continue to be, until paid, a lien thereon, and shall be preferred in payment to all other charges. No assessments for any local improvements shall be deemed to be fully confirmed, so as to be due and be a lien upon the property included in the assessment, until ten days after the title thereof, with the date of con- ttrmation, shall be entered with the date of such entry, in a record of the titles of assess- ments confirmed to be kept in the office of tire collector of assessments and arrears. The words "water rents” whenever they are used in this title shall include uniform an- nual charges and extra and miscellaneous charges for the supply of water, charges in accordance with meter rates and minimum charges for the supply of water by meter, annual service charges for meters and their connections and for their setting, repair and maintenance, penalties and fines and all law- ful charges for me supply of water. No charge for expenses of meters, 1 their con- nections, setting, repair or maintenance shall be due or become a charge or lien on the premises where a water meter shall be in- stalled or against which a charge shall be made, until such charge shall have been definitely fixed by the proper officer and an entry of the amount thereof shall have been made with the date of such entry in the book in which the charges for water sup- plied by meter against sucli premises are to be entered. No charge in accordance with meter rates or minimum charge for the supply of water measured by meter, and no service charge shall be due or become a lien or charge upon the premises where such meter is installed until an entry shall have been made indicating that said premises are metered, with the date of such entry in the book in which the charges for water by meter measurement against such premises are to be entered. Whenever an increase in the uniform annual charge or extra or miscellaneous charge shall have been made or a charge shall have been made for water for any building completed subsequent to the first day of January in each year the amount of such increase of the charge or new charge for such new building shall no' be due or become, a lien or charge against the premises until the amount thereof shaT have been entered with the date of such entry in the book in which the uniform an- nual charges and extra or miscellaneous charges against such premises are to be en- tered.— As amended by Laws of 1916, Chap. 6C2. Comptroller lo publish not ic— of eonfiriiin t ion of assessments. Sec. 101S. It shall be the duty of the comptroller to give public notice, by ad- vertisement, for at least ten days, in the City Record and the corporation news- papers, as soon as practicable and within ten days 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 assess- ments kept in the office for the collec- tion of assessments and of arrears of taxes and assessments, and of water rents, addressed as a class to all per- sons, 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 fol- lowing section; and all provisions of law or ordinance requiring any 'different or other notice of assessments and interest thereon are hereby repealed. Interest lo be charged if assessment unpaid for s4';ty days: Payment fa installments. Sec. 1019. If any such assessment shall remain unpaid for the period of sixty days after the date of the 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 as- sessment to charge, collect and re- ceive interest thereon, at the rate of seven per centum per annum, to he calculated to the date of payment from the date when such assessment became a lien as provided by section one hundred and fifty-nine of this act, provided, however, that the officer au- thorized to collect and receive such as- sessment shall accept and credit as payments on account of assessments now or hereafter levied against any parcel or plot of property for local improvements in the city of New York, i such sums cf money net less than bp. dollars or multiples thereof in amount, as may be tendered for payment on account of any assessment now or hereafter levied for local improve- ments against any property. Upon requisition by the collector of assess- ments and arrears for the assessed valuation of the property affected by any assessment, the commissioners of taxes and assessments or their deputy in the borough in wiiich such property is located, shall forthwith certify the same to said collector. — As amended by Laws of 1913, Chapter G85. Payment in installments of assess- ments confirmed after January first, Nineteen Hundred and Eight. Sec. 1019-a. Upon the application in writing of the' owner of a parcel of real property affected by an unpaid assessment for a local improvement confirmed after the first day of Jan- uary, nineteen hundred and eight, the amount of which exceeds three per centum of the valuation of such par- cel, exclusive of improvements thereon, made in the annual assess- ment for the purpose of taxation in j the calendar year next preceding such confirmation, the collector of assess- ments and arrears shall divide the as- sessment upon such parcel into ten parts as nearly equal as may be. One part thereof in any event shall be due and payable, and in each case as many more of such parts shall be due and payable as years may have elapsed since the entry of such original assess- ment for collection. Such parts thereof with interest at the rate of seven per , centum per annum on the amount of I the assessment unpaid, shall be paid j within ten days after such division as ! a condition of the extension of time of | payment of the remainder as provided in this section. Upon payment of such parts and interest the balance of such assessments shall cease to be a lien upon such real property except as hereinafter provided; arc! the remain- ing parts shall be paid in annual in- stallments as herein provided. Of such installments, the first with in- terest at the rate of five per centum thereon and on the installments there- after to become due, from the date of payment of the parts of such assess- ment paid as hereinbefore provide^, shall become due and payable and b'e a lien on the real property assessed, on the next ensuing anniversary of the date of entry of the assessment in the record of titles of assessments con- firmed; and one, with interest at the rate of five per centum per annum thereon and on the installments there- after to become due, shall become due and payable and be a lien upon the real property assessed, annually there- after. After the time therein specified for annual installment and interest to become due. the amount of the lien thereof shall bear interest at the ratq of seven per centum per annum. Tho installments not due with interest at the rate of five per centum per annum to the date of payment may be pai^ 1 at any time. The provisions of this act with reference the sale of tax liens shall apply to the several unpaid installments and the interest thereoq in the same manner as if each install- ment and the interest thereon had been imposed as an assessment pay- able in one payment, at the time such installment became a lien. In the event of the acquisition by condemna- tion by the city for public purposes of any property upon which there are in- stallments not clue, such installments shall become due as of the date of confirmation of the report of the com- missioners in the condemnation pro- ceedings, and shall be set off against” any award that may be. made for the property acquired. When an award for damage shall accrue to the same >n who' is or was at the time the ’ 1 uuHrmjd, liable tor 134 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK the assessment for benefit on the abutting property in the same pro- deeding, only the portion of the assess- ment in excess of such award may be considered in levying in installments under the provisions of this act. Ex- cept as provided in this section, no such annual installments shall be a lien or deemed to be an incumbrance upon the title to the real property assessed until it become due as herein provided. [As amended by Chap. 598, Laws of 1915.] Rate. Sec. 1020. Interest shall hereafter he charged and collected at the rate of seven per centum per annum on all ar- rears of taxes and assessments returned to the collector of assessments and ar- rears from the time they become due and on water rents and the penalties thereon from the time the taxes become due, to which they may be added until the date of payment, or until such other date when the amount thereof may have been advanced to the city by the purchaser of the tax lean in respect thereof. — As amended by Laws of 1908. Chap. 490. Apportionment of assessment. Sec. 1021. If a sum of money in gross has been or shall be assessed for local improvements, upon any lands, or prem- ises in The City of New York, any per- son 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 as- sessed, together with the interest and charges, shall be a lien upon the residue of the land and premises only, and the tax lien upon such residue may be sold in pursuance of the provisions of this act, to satisfy the residue of such assessment, interest, or charges thereon, in the same manner as though the residue of said assessment had been imposed upon such residue of said land or premises. — As amended by Laws 1908, Chapter 490. Unpaid Water Rents Returned to Comptroller. Sec. 1022. The commissioner of water sup- ply, gas and electricity annually on the first day of November shall cause to be trans- mitted to the comptroller a separate account for each section or ward of the city of all lots against which there is unpaid any uni- form annual charge or extra or miscellaneous charge for supply of water not metered which became payable on or before the thirty-first day of the preceding March, with any fine for violation of rules or regu- lations imposed on or before the thirty-first day of March, and any unpaid penalty for non-payment of the charge, together with the amount due for such charge, penalty or fine on each lot. He shall also annually on the first day of November cause to be trans- mitted to the comptroller a similar separate account for each section or ward of the city of all lots against which there are unpaid any minimum or service charges or meter charges, including charges for the supply of water by meter and the expenses of meters and their connections, and of their setting, repair, and maintenance, which be- came payable before the thirty-first day of the preceding March with any fine for viola- tion of rules and regulations imposed before the thirty-first day of March, and any un- paid penalty for non-payment of the charges, together with the amount due for any such charge, penalty or fine on each lot. The commissioner shall at the same time notify the comptroller of the aggregate of such charges as returned and shall here- after receive no payment on account of the same, but may, nevertheless, certify to the comptroller any error or overcharge, which shall pursuant to such certificate be corrected and remitted by the comptroller at any time before settlement. The said commis- sioner is hereby authorized to prescribe a penalty or fine 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 from time to time prescribe for the prevention of the \yaste of water. Such fine shall be added to the water rents, but when imposed against any property notice thereof shall be mailed by the department to the prop- ] erty addressed to the owner or where his name is unknown to "owner or pccupant," and a hearing afforded. The charges, pen- alties and fines not paid to the department and returned by the commissioner to the comptroller shall after they are payable to the receiver of taxes be enforced, if not paid, by a sale of tax lien against the prop- erty upon which they are imposed. In ad- dition to collecting water rents, charges, penalties and fines by sale of tax lien, the city may maintain an action for their recov- ery against the person for whose benefit or by whom the water is taken or used. Prior to the time that such charges transmitted to the comptroller are entered upon the taxrolls and become payable to the receiver of taxes payment thereof may be made to the comptroller and such payment shall be credited by the receiver of taxes.— As amended by Laws of 1916, Chapter 602. Receiver of taxes to return arrears to tlic collector. Sec. 1023. The receiver of taxes shall, on the first day of March in each year, make a return to the collector of assess- ments and arrears, of all taxes on real | estate and of water rents, which have been added thereto, remaining unpaid, and shall notify the comptroller of the ag- gregate 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 c n accounts of arrears so returned, but may nevertheless certify to the collector of as- sessments and arrears any errors which shall, upon such certificate, be corrected by the said collector any time before settlement.— As amended by Laws of 1911, Chapter 673. Notifying' taxpayers of assessments. Sec. 1023-a. 1. The owner of any ] lot, piece or parcel of land in The City of New York or any person interested in such lot, piece or parcel, may file with the bureau for the collection of assessments and arrears of taxes and assessments and of water rents in the borough wherein such lot, piece or parcel of land is situated, a statement containing a brief description of such land, together with the section, block and lot number thereof, or such other designation as at the time is estab- lished by the board of taxes and as- sessments, and a statement of the ap- plicant’s interest therein, together with a written request that such lot, piece or parcel of land be registered in the said bureau, in the name of the ap- plicant. In the said statement the ap- plicant shall designate a postoffice ad- dress to which notifications addressed to him shall be sent. A brief descrip- tion of such lot, piece or parcel of land corresponding to the description there- of in the statement so filed, together with the name of the applicant and his post-office address and the date of such application, shall thereupon be registered in the respective borough offices of said bureau as hereinafter provided. 2. As soon as any assessment for a local improvement shall have been confirmed, including assessments con- firmed by a court of record, and the list thereof shall have been entered and filed in the bureau for the Collec- tion of assessments and arrears of taxes and assessments and of water rents, said assessment list shall be ex- amined and thereupon, within twenty days after such entry there shall be ] mailed a notice addressed to each per - son in whose name any lot, piece or parcel of land, affected by such as- sessment, is registered, at the post- office address registered in the records of said bureau, which notice shall con- j tain the brief description of the lot, piece or parcel of land registered in the name of the person to whom said notice is addressed, together with the amount assessed thereon, date of en- try, and title of the improvement for which said assessment is made, and a statement of the rate of interest or penalty imposed for the non-payment of the said assessment, and the date from which the. interest or penalty will be computed. Failure to comply with the provisions of this act, how- 1 ever, shall in no manner affect th? validity or collectibility of any as- sessment for a local improvement heretofore or hereafter confirmed, nor shall any claim arise or exist against The City of New York, the comptroller, the collector of assess- ments and arrears or any officer of said city by reason of such failure. 3. The collector of assessments and arrears shall for the purpose of this act provide appropriate records for each section of the city, included with- in the respective boroughs, as the same shall appear upon the tax maps of The City of New York. [As amended by Laws of 1913, chap. 683.] Water rynts to l»e provided for in assessment rolls. Sec. 1024. There shall be ruled in the yearly assessment-rolls of each section or ward a column headed “water rents” in which immediately after the confirma- tion of such assessment-rolls, the collec- tor 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” and the expenses of meters, with their connections and setting, water rates and other lawful charges for the supply of water measured by meters, as trans- mitted to him by the commissioner of water supply, gas and electricity, in ac- cordance with the law, and the same shall be collected at the same time and in the same manner as the taxes to which they shall be added. — As amended by Laws 1908, Chapter 490. Arrears likewise to be provided for. Sec. 1025. There shall be ruled in the yearly assessment rolls of the taxes in each section or ward, a column headed “arrears,” in which the collector of as- sessments and arrears shall annually, be- fore any taxes for the year are collected, cause to be entered the word “arrears” 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 as- sessment shall remain unpaid which was due or confirmed one month prior to the first of January, then last past. See. 14. This act shall take effect on the first day of January in the year nine- teen hundred and twelve; provided, how- ever, that where by the terms of this act and of the Greater New York charter as hereby amended, it is provided that any act or thing shall be done prior to Jan- uary first, nineteen hundred and twelve, in order to effectuate and carry out tho levy and collection of taxes for the year nineteen hundred and twelve, then as to such acts and things, this act shall take effect from and after its passage and shall be in force immediately, any- thing herein contained to the con- trary notwithstanding; and provided further that nothing in this act con- tained shall in any wise affect or in- validate the taxes levied or to be levied in The City of New York for the year nineteen hundred and eleven, or any prior year, or the collection thereof, and that in so far as the provisions of the Greater New York charter by this act amended in any Wise affect the taxes levied or to be levied in The City of New York for tho year nineteen hundred and eleven, or any year prior thereto, the sections of the Greater New York charter hereby amended are to he deemed in full force and effect to the same extent as though this act had not been passed. — As amended by Laws of 1911, Chapter 433. Hills for taxes to show arrears. Sec 1026. There shall be ruled a col- umn for “arrears” in every bill rendered for taxes for lots on which said arrears or assessments, or taxes with water rents added, may bp due, as aforesaid, or may have been s:dd and yet be redeemable, in which shall be written opposite the >ntry cf the ward, 'c r , tc.vu block and Eagle Library-THE CHARTER OF THE CITY OF NEW YORK 135 map number of said lot, “arrears,” and at the bottom of said bill shall be print- ed: “Whenever any tax or assessment shall remain unpaid for three years or any water rent shall remain unpaid for four years the tax lien on the property will be cold to satisfy such arrears of taxes, assessments or water rents, and all taxes, assessments and water rents up to a day to bo named in the adver- tisement of sale as stated therein. 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 ar- rears." — As amended by Laws 190S, Chap- ter 490. Sales of tax liens for taxes and as- sessments; proceedings. Sec. 1027. The right of the city to receive taxes, assessments and water rents and the lien thereof, may be sold by the city, and after such sale, shall be transferred in the manner provided by this title. The right and lien so sold shall be called “tax lien" and the instrument by which it is as- signed shall be called “transfer of tax lien.” Whenever any tax on lands or tenements or any assessments on lands or tenements for local improvements shall remain unpaid for the term of three years from the time the same shall have been fully confirmed, so as to be due and payable and also when- ever any water rents 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 as- sessments and arrears, under the di- rection of the comptroller, to adver- tise the tax liens on the said lands and tenements or any of them for sale, including in such advertisement the tax lien for all items up to a day named in the advertisement, and by such advertisement the owner or own- ers of such lands and tenements re- snctively shall be required to pay the amount of such tax, assessment, or water rents with the said penalties thereon so remaining unpaid, together with the interest thereon at the rate of seven per centum pel- 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 pay- ment the tax lien on such lands and tenements will be sold at public auc- tion at a day and place therein to be specified, for the lowest rate of inter- est, not exceeding twelve per centum per annum, at which any person or per- sons shall offer to take the same in consideration of advancing the said tax, assessment and water rents and penalties, as the case may be, the in- terest thereon as aforesaid to the time of sale, the charges of the above mentioned notices ..,nd advertisement end all other costa and charges ac erued thereon; and if, notwithstand- ing such notice, the owner or owners shall refuse or neglect to pay such tax assessment, water rents and pen- alties, with the interests as aforesaid, and the charges attending such no- tice and advertisement, then It shall and may he lawful for the said col- lector under the direction of the said comptroller, to cause such tax 1'en on such lands and terns-enls tc be sold at public auction, 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 tax liens cm the lands and tenements so advertised shall be sold. But the tax lien on houses or lots, or Improved or unimproved lands, in The City of New York, shall not be hereafter sold at ptihlic auction for the non-payment, of any tax, assess- ment or water l ?nt« ,/h if, h m«y b; 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 adver- tisement shall contain, appended to said notice, a particular and detailed ] statement of the property the tax lien on which is to be sold. Or the said de- tailed statement and description, in- stead of being published in the City Record and the corporation newspa- pers, shall, at the option of the said comptroller, be printed in a pamph- let, in which case copies of the pamphlet shall be deposited in the office of the said collector, and shall be delivered to any person ap- j plying therefor. And the notice pro- vided for in this section to be given of the sale of tax liens on houses and lots and improved and unimproved lands, shall also state that the de- tailed statement of the taxes, assess- ments, or water rents, and the prop- erty taxed, assessed, or on which the water rents are unpaid, is published in the City Record and the corpora- tion 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 de- mand of the tax, assessment or water rent shall be required to authorize the sale of tax liens on any lands and tenements as hereinbefore provided. The collector of asseLsments and ar- rears may, with the written approval of the comptroller, cancel any certi- ficate or lease or transfer of tax lien lor unpaid taxes, assessments and water rents, held by The City of New I York, or to which the city has ac- quired the right, and upon such can- cellation the lien of such tax, assess- | ment or water rent shall be and re- j main the same as if no sale for such J unpaid tax, assessment or water rent * had been made. [As amended by Laws of 1913, chap. 326.] Postponement of sales. Old See. 1028. Repealed by Laws of 1908, Chapter 490. Sec. 1028. It shall be lawful for the comptroller to suspend or postpone any sale or sales of tax l ens on lands and tenements or any portion thereof which shall have been advertised for sale, to any time not exceeding fifteen months from the day speci- fied in any such advertisement. All sales w hich shall be so postponed or suspended may be made without further advertise- ment, other than a general notice of such postponement, to be published in the City Record and the corporation news- papers. — As amended and renumbered by lavs of 1908, Chapter 490. Salen of tax liens to 1»e contacted Ijy tile collector of assessments land nrreai a. Se: 1029. The collector of assessments and arrears or his assistant shall con- duct the sales hereinbefore provided to be made, and no auctioneer other than t -3 id collector or his assistant shall he emphyed to make such sale, and no aue- fio jeers’ fees shall be charged there m. Tlw oomnLolRr shall require from each purchaser of vi tax lien at the time of such sale a deposit on account of ton per centum o^' the amount of the rax lien purchased by him, and not later than thirty days from the date of sale, the balance shall be paid to the collector of assessments and arrears, at his office. If no bid shall be received for a tax lien offered for sale, the collector of assess- ments and arrears, for and on behalf of The City of New York, may bid In the sa'd lax lien, and upon such bid, no de- posit or payment in cash shall be re- quired from the city. When the city has bid in any tax lien a transfer of tax lien to the city shall be executed by *he said collector in the form and manner prescribed for other transfers cf tax liens, and the city shall have the same rights in, to and under such transfer of tax fien as if the same had been bought by any other other* person. Transfers of tax lien shall be made and delivered to 1 x>e purchaser without charge upon payment of the amounts therein shown to be due. In case any purchaser shall not complete his purchase in accordance with :he terms prescribed as herein pro- vided, then the amount deposited by him at the time of the sale shall be forfeited to the city, and the entire tax lien upon the lands affected by such purchase shall be sold again. Such resale shall be held at such time as the comptroller may di- rect and shall be advertised in the City Record and the corporation newspapers, in such manner and for such time, not less than two weeks, a.s the comptrollar may direct. All deposits forfeited as aforesaid shall be paid into the general fund of the City of New York. — Section 1030 — as amended and renumbered by Laws of 1908, Chapter 490. Sections 1031 to 1049 both inclusic ». (Providing for sale of lands and tene- ments in New York city for unpaid taxes, assessments or water rents, and issuing of certificates on such sale, and for re- demption from sales.)— Repealed by Laws 1908, Chapter 490. Note — The above repealed sections are replaced by the following new sections 1030 to 1047 inclusive, providing a new scheme with the other sections amended by Laws 1908, Chapter 490, in reference to sale of tax liens. Transfers of tax liens. Sec. 1030. A transfer of tax lien shall operate to transfer and assign the tax lien upon the lane's or tene- ments described therein for the taxes, assessmen s and water rents, and penalties, the interest thereon, and the charges of the notices and adver- tisements given pursuant to section ten hundred and twenty-seven of this act, and all o< her costs and charges, so advertised for sale, free of all taxes, assessments and water rents, which accrued before the day of the date menticned in the adverVsement of the sale as stated therein, and to create a lien upon the property af - fected thereby for the interest to which the purchaser may be entitled under his bid, but subject to the lien for and right of the city to collect and receive all taxes, assessments and wa- ter rents which accrued or which be- came a lien on and after the day of the date mentioned in the first advertise- ment of such sale as stated therein. A transfer of tax lien shall contain a transfer and assignment by the city of the tax lien sold to the purchaser, the date of the sale, the aggregate amount of the tax lien so transferred, and the items of taxes, assessments, J water rents, penalties, a id interest, S composing the tax lien, the annual I rate of interest wh’c'i the purchaser | has bid and will be entitled to re- j ceive, the date when the amount of I the tax lien will be due, and a de- | scription of the real property affected ! by the tax lien, which description shall include the name of the borough in which the property lies and shall refer for certainty to the designation of said lot on the tax map, by its lot number and the number of the block, ward or section in which it is con- tained, and such other identifying de- scription as the collector of assess- ments and arrears may deem proper to aid. Each transfer of tax shall be subscribed by or in behalf of the collector of asseruments and arrea-'* making the sale, or a successor in office of such collector, and shall b« acknowledged by the officer subscrib- ing the same in the manner in which a deed is required to be acknowl- edged to be recorded in the county in which the real property affected is in 136 Eagle Library-THE CHARTER OF THE CITY OF NEW YORK situated. [As amended by Laws of 19i3, chap. GS2.] Itecoril of transfers of tax liens. Sec. 1031. The collector of assessments and arrears shall keep in his office a public record of sales of tax liens, and a copy of each transfer of tax lien issued by him. Assignments of transfers of tax lien duly acknowledged may be filed and recorded in the office of the collector of assessments and arrears. A transfer of tax lien and any assignment thereof, duly acknowledged, shall be deemed convey- ances under article eight of the real property law, and may be recorded in the office of the recording officer of any coun- ty in which the real property which it affects is situated. Transfers of tax lien and all assignments thereof shall be re- corded by recording officers in the same manner as mortgages and assignments thereof, but without payment of tax un- der article fourteen of the tax law. The record in the office of the collector of assessments and arrears of saies of tax liens, of a transfer of tax lien, and of a copy of a transfer of tax lien, and of an assignment of a transfer of tax lien; a record of a transfer of tax lien in the office of a recording officer, and of an assignment of tax lien, duly acknowl- edged, in the office of a recording officer, shall each be evidence in any court in the state without further proof. A transcript of any record enumerated in this section, duly certi- fied, shall be evidence in any court in the state with like effect as the orig- inal instrument of record. Neither the tax Hen nor the rights transferred or created by a transfer of tax lien shall be impaired by failure of a recording officer to record a transfer of tax lien made by the city through the collector of assess- ments and arrears. Unless a contrary in- tent appears, a tax lien shall be pre- sumed to be satisfied and discharged whenever it shall appear from recorded instruments that the tax lien has been transferred or assigned to the owner of such lands or tenements, notwithstanding other intervening estates or liens. — Added by Laws 1908, Chapter 490. Rights of purchaser of tax lien. Sec. 1032. The aggregate amount of each tax lien transferred pursuant to this title, shall be due three years from the date of the sale. Until such aggregate amount is fully paid and discharged, the holder of the transfer of tax lien shall be entitled to receive interest on such aggregate amount from the day of sale, semi-annually on the first day of Janu- ary and July, at the rate which the pur- chaser shall have bid. At the option of the holder of any transfer of tax lien the aggregate amount thereof shall become due and payable after default in the pay- ment of interest for thirty days or after default for six months after the delivery of transfer of tax lien in the payment of any taxes, assessments or water rents, which become a lien on and after the day of the date mentioned in the advertise- ment of the sale as stated therein, of the tax lien transferred by such transfer of tax lien. Any person having a legal or beneficial interest in property affected by a transfer of tax lien may satisfy the same before maturity upon giving thirty days’ notice in writing to the holder thereof, of the day on which payment will he made and upon payment of the princi- pal with interest at the rate bid to a time three months after the day so fixed for payment. If notice of intention to make payment be given as herein provided, and such payment be not made, then the whole amount of any tax lien concerning which such notice shall have been given shall become due and payable at the option of the holder thereof. Or any such person may pay to the collector of as- sessments and arrears such principal with interest at the rate bid up to a day six months after such payment, in case such payment be made to the collector of as- sessments and arrears be shall receive the same for the benefit of the bolder of the tax lien thus discharged, and shall give notice thereof to the r'-tvcha’ter or the personal representative or assignee of the purchaser, by mail addressed to such address as may have been furnished to the collector of assessments and ar- rears. Upon receiving surrender of such transfer of tax lien the collector of as- sessments and arrears shall pay the amount thus deposited, to the person who according to the records in his office ap- pears to be entitled thereto, or to the personal representatives of such person. —Added by Laws 1908, Chapter 490. nisclmrsre of tax lien. Sec. 1033. A tax lien sold pursuant to the provisions of this title must be dis- charged upon the record thereof by the collector of assessments and arrears when payment is made to him of the prin- cipal and interest as provided in the last preceding section, and also when the transfer of tax lien is surrendered to him for cancellation, and there Is presented to him a certificate executed by tlie purchaser, or the personal repre- sentative or assignee of the purchaser, acknowledged so as to be entitled to be recorded in the county in which the real property affected by such tax lien is situated, certifying that the tax lien has been paid or has been otherwise sat- isfied and discharged. The transfer of tax lien thus surrendered and such cer- tificate of discharge must be filed by the collector of assessments and arrears and he must note upon the margin of the record of such sale, upon such transfer of tax lien and upon the copy of the trans- fer of tax lien kept in his office a minute of such discharge and the date of filing thereof. If the transfer of tax lien shall have been lost or destroyed or mutilated, if payment be made to the collector of assessments and arrears, or if a certifi- cate of discharge be filed as hereinafter provided, application for an order dis- pensing with the surrender of the trans- fer of tax lien may be made in the same manner as is provided in section two Kin- dred and seventy-a of the real property law, the provisions of which sa far as the same may be, are hereby made ap- plicable to discharge of tax liens. The collector of assessments and arrears snail upon demand issue hie certificate show- ing the discharge of any tax lien which may have been duly discharged as pro- vided in this section, and such certifica'o may be filed in any office where the trans- fer of tax lien is recorded, and any re- cording officer with whom such a certifi- cate is filed, shall record the same, and upon the margin of the record of such transfer of tax lien in his office shall note a statement that the same has been discharged with a reference to the rec- ord of such certificate in his office. — Added by Laws 1908, Chapter 490. Exemption from taxation. Sec. 1034. Tax lien's and transfers of tax liens shall be exempt from taxation by the state or any lacal subdivisions thereof, except from the taxes imposed by article ten of the tax law. The real property affected by any tax lien shall not be exempt from taxation by reason cf this section.— Added by Laws 1908, Chapter 490. Corporation to take possession of un- claimed lands. Sec. 1035. If the amount of any tax lien which shall have been transferred by a transfer of tax lien shall not be paid when under its terms and the provisions of this title such amount shall be due, the holder of such tax lean may maintain an action in the supreme court to fore- close such tax lien. In an action to fore- close a tax lien any person shall be a proper party of whom the plaintiff alleges that such person has or may have or that the plaintiff has reason to be- lieve that such person has or may have an interest in or claim upon the real property affected by the tax lien. Ex- cept as otherwise provided in this title an action to foreclose a tax lien shall be regulated by the provisions of the code of civil procedure and by all ether iris- visions of law, and rules of practice ap- plicable to actions to foreclose mort- gages on real property. The people of the state of New York may be made party to an action to foreclose a tax lien in the same manner as a natural person. Where the people of the state of New York or The City of New Yorit is made a party defendant the complaint shall set forth, in addition to the other matters required to be set forth by law, detailed facts showing the particular nature of the Interest in or the lien on the said real property of the people of the state of New York or The City of New York, and detailed facts showing the particular nature of the interest in or the lien on said real property which plaintiff has reason to believe that the people of the state of New York or The City of New York has or may have in tlie said real property, and the reason for making the people of the state of New York or The City of New York a party defendant. Upon failure to state such facts the complaint shall be dis- missed ns to the people of the state or The City of New York.— As amended by Laws of 1911, Chapter 65. Pleading transfer of tax lien. Sec. 1036. Whenever a cause of action, defense or counterclaim, is for the fore- closure of a tax lien, or is in any manner founded upon a tax lien or a transfer of tax lien, the production in evidence of an instrument executed by the collector of assessments and arrears, in the form pre- scribed in section ten hundred and thirty for a transfer of tax lien subscribed by or in behalf of a collector of assessments and arrears, shall be presumptive evi- dence that the lien purported to be trans- ferred by such an instrument was a valid and enforceable lien, and that it has been duly assigned to the purenaser, and it shall not be necessary to plead or prove any act, proceeding, notice or ac- tion, preceding the delivery of such trans- fer of tax lien nor to establish the va- lidity of the tax lien transferred by such transfer of tax lien. If a party or person in interest in any such action or proceed- ing claims that a tax lien is irregular or invalid, or that there is any defect therein or that a transfer of tax lien is irregu- lar, invalid or defective, such invalidity, irregularity or defect must be specifics. ly pleaded or set forth, and must be estab- lished affirmatively by the party or per- son pleading or setting forth the same. — Added by Laws 1908.. Chapter 490. .Imlgment upon tax lien. Sec. 1037. In every action for the fore- closure of a tax lien, and in every action or proceeding in which a cause of action, defense or counterclaim is in any manner founded upon a tax lien or a transfer of tax lien, such transfer of tax lien and the tax lien which it transfers shall be pre- sumed to be regular and valid and effect- ual to transfer to the purchaser named therein a valid and enforceable tax lien. Unless in such an action or proceeding such tax lien or transfer of tax lien be found to be invalid, they shall be ad- judged to be enforceable and valid, for the amount thereof and the interest to which the holder may be entitled, and a tax lien transferred by a transfer of tax lien effectual to transfer such tax lien tc the purchaser named therein. — Added by Laws 1908, Chapter 490. Judgment of foreclosure of tax lieu; when The City of New York may purchase at sale. Sec. 103S. In an action to foreclose a tax lien, unless the defendants ob- tain judgment, the plaintiff shall be entitled to a judgment establishing the validity of the tax lien so far as the same shall not he adjudged in- valid and of the transfer of tax lien, and directing the sale of the real property affected thereby, or such part thereof as shall he sufficient to discharge tlie tax lien, or such itemd thereof as shall net be adjudged ia* Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 137 valid and the interest thereon and all other accrued taxes, assessments and water rents affecting- the real proper- ty, together with the expenses of the sale, and the costs of the action. At a sale pursuant to judgment in an action to foreclose a tax lien wherein The City of New York is plaintiff, said city, without authorization other than that hereby given, may purchase the real property affected at a price not exceeding the amount due to the plaintiff at the time of such sale to- gether with the costs and expenses of the sale plus the amount of all due and unpaid taxes, assessments, and water rents which accrued or became a lien on the premises on or after the day of the date mentioned in the ad- vertisement of the sale of the said tax lien, unless a bid in amount equal thereto be made by some person other than the plaintiff. The moneys re- quired to be paid toy said city upon any purchase made pursuant to the provisions of this section may be taken from any appropriate fund of the city or any of the boroughs there- of applicable thereto, or, in case there be no such fund, such money shall be provided by the issue of special revenue bonds. The proceeds of any such sale over and above the costs and allowances of the action shall be ap- plied in like manner as the proceeds of the sale of a tax lien to a person other than the city. Any real prop- erty acquired by said city in the man- ner aforesaid may, unless assigned by the commissioners of the sinking- fund for a public use, be sold by the comptroller at public sale in the same manner as other real estate of the city is sold. In the event of the assign- ment of any such property for a pub- lic use the same shall be paid for as in the case of the purchase of other property for such use at the price determined by the commissioners ot the sinking fund, and the considera- tion for such assignment as well as the proceeds of any such public sale by the comptroller shall be deposited in the fund out of which such prop- erty was paid for on the foreclosure sale. Whenever the balance in any such fund shall be more than would be necessary to redeem outstanding special revenue bonds payable .from said fund and to properly carry out the provisions of this section, the comptroller may certify that fact to the board of estimate and apportion- ment, which, upon such certificate, may authorize the transfer of a por- tion thereof to the general fund of the city. [As amended by Laws of 1913, chap. 681.] Effect of Judgment foreclosing tax lien. Sec. 1039. Every final judgment in an action to foreclose a tax lien shall be binding upon, and every conveyance upon a sale pursuant thereto, shall transfer to and vest in the purchaser all the right, title, interest and estate in and claim upon the real property affected by such judgment, of the plaintiff, each defendant upon whom the summons is served, each person claiming from, through or under such a defendant by title accruing after the filing of notice of pendency of the action or after the entry of judgment and filing of the judgment roll in the proper county clerk’s office, and each person not in being when the judgment is rendered, who afterwards may become entitled to a beneficial interest attaching to, or an estate or interest in such real property or any portion thereof, provided that the person presumptively entitled to such beneficial interest, estate or interest is a party to such action or bound by suck judgment. So much of section four hun- dred and forty-five of the Code of Civil Procedure as requires the court to allow a defendant to defend an action after final judgment shall not apply to an ac- tion to foreclose a tax lien. Delivery of the possession of real property affected hy a judgment to forsolos? a tax lien may be compelled in the manner pre- scribed in section sixteen hundred and seventy-five of the Code of Civil Pro- cedure. — Added by Laws of 1908, Chap- ter 4S0. Surplus. Sec. 1040. Any surplus of the proceeds of the sale, after paying the expenses of the sale, and all taxes, assessments and water rents, which accrued or became a lien on and after the day of the date mentioned in the advertisement of the sale as stated therein, under which the foreclosed transfer of tax lien was issued, and satisfying the amount, of the tax lien and interest and the costs of the action, must be paid into court, for the use of the person or persons entitled thereto. If any part of the surplus remains in court for the period of three months, and no application has been made there- for, the court must, and, if an applica- tion therefor is pending, the court may direct such surplus to be invested at interest, for the benefit of the person or persons entitled thereto, to be paid upon the direction of the court. — Added by Laws 1908, Chapter 490. Foreclosed tux lien not arrears. Sec. 1041. Any party to an action to foreclose a tax lien or any purchaser or any party in interest may give notice of such foreclosure to the collector of as- sessments and arrears, and after such no- tice the items which constituted the tax lien thus foreclosed shall not be entered by the collector of assessments and ar- rears in any yearly assessment-roll, so long as the judgment of foreclosure of such lien remains in force.— Added by Laws 1908, Chapter 490. Procedure when no bid for a tnx lien is recei\ed. Sec. 1042. If no bid be received for a tax lien on any parcel of property at a duly advertised sale and it shall appear to the comptroller that the taxes, assess- ments, water rents, penalties and accrued interest amount to so large a proportion of the value of the property that the se- curity is insufficient to attract bidders, then and in that, event the comptroller and the corporation counsel shall investi- gate the facts and may fix a lesser amount for which in their judgment a tax lien bearing twelve per centum interest can be sold. A certificate in writing, signed by them, shall be filed with the collector of assessments and arrears, sot- ting forth the amount so determined by them, together with a brief statement of the reasons for such reduction, which certificate shall include the total amount of the taxes, assessments, water rents, penalties and accrued interest, the as- sessed value of such parcel of real estate, and the value of the land as the same appears on the last preceding assessment- roll. Thereafter such reduced amount shall constitute the tax lien upon said real property for the items therein enum- erated, unless the same be increased as hereinafter provided, which reduced amount shall bear interest at the rate of seven per centum per annum from the date of .. -ich certificate until fully paid, or until the tax lien thus fixed, together with the lien for any other taxes, assess- ments, water rents, and penalties and in- terest becoming liens thereafter shall be sold. The collector of assessments and arrears shall forthwith advertise the tax lieu for such reduced amount for sale to the highest bidder in the manner pro- vided for the advertisement for the sale of ordinary tax liens. Such tax lien shall bear interest at twelve per centum and shall be sold to the person bidding the highest amount of money in excess of the reduced amount so fixed by the comp- troller and corporation counsel, provided that if the bidding reaches the original amount of the tax lien on the real prop- erty affected, together with all interest and penalties thereon, the sale shall pro- ceed in the manner provided in seebon ten lr'i'li 1 ! and nine; d sttci tax lien be sold for a sum greater than the reduced amount fixed as aforesaid with the interest and penalties thereon, then such greater amount shall be con- sidered the tax lien upon the real prop- erty affected thereby. If no bid shall be received at such sale, the comptroller and corporation counsel shall reconsider their determination and may file a new cer- tificate in the manner hereinbefore pro- vided, and the collector of assessments and arrears shall proceed again as here- inbefore directed. Such procedure shall be repeated until a tax lien for such taxes, assessments, water rents and ac- crued .interest shall be sold.— Added by Laws 1908, Chapter 491. Reimbursement for unen forcible tax liens or transfers of tax liens. Sec. 1043. If a transfer of tax lien be vacated or be set aside or canceled, or if it be adjudged in any action that a transfer of tax lien is invalid or defective, or not sufficient to transfer a tax lien to the purchaser thereof, or if in any action to foreclose a tax j lien, it be adjudged that the entire tax lien is void and not a valid lien on the premises which it purports to affect, and that the complaint be dis- missed, or if in any action a sale of the property is directed to be made subject to any easement and hence the amount of the lien cannot he ob- tained upon sale of the property, the holder may surrender such transfer of tax lien, together with a certified copy of such judgment or decree, and also an assignment to the city of such judgment directing sale to the collec- tor of assessments and arrears arid thereupon shall be repaid by the city the amount paid for such transfer of tax lien, with interest from the time of such payment at the rate of six per centum unless a lower rate be set forth in the transfer of tax lien, in which event at such lower rate, and the city shall pay the taxed costs and disbursements of any action or pro- ceeding in which such adjudication is made. [As amended by Laws of 1913, chap. 681.]. Cancellation of unpaid tnxf». Sec. lOlS-a. When it shall appea- to th* comptroller that the unpaid taxes or o Mg e sa- me n t s for local improvements, or both, to- Kother with the interest and penalties thereon which may have been levied upon a parcel of real estate subject to easements which were in existence prior to the levying of such taxes or assessments for local Im- provements, equal or exceed the sum for -vhich, under ordinary circumstances, such parcel of real estate would sell subject to such easements, the comptroller with the written approval of the corporation conned may settle and adjust such unpaid taxes or assessments for local improvements or both with the interest and penalties thereon, and when it shall appear to the comptroller that such parcel of real estate would sell under ordinary circumstances subject to such easements for only a nominal sum. then the comptroller with the written ap- proval of the corporation counsel may cancel ■ such unpaid taxes and assesments for local improvements together with the interest and penalties thereon. (As added by Chapter S14, | Laws of 19X5.) Reimbursement xvlicii part of the tax lien is tmenforcible. Sec. 1044. If, in any action to fore- close a tax lien, it shall be adjudged that some, but not all of the items constituting such tax lien are void and not a valid lien on the premises covered by such tax lien, or if in any action or proceeding it ho adjudged that a transfer of tax lien is invalid or defective, as to some though not as to all of the items transferred, the holder of the transfor of tax. lien, by instrument in writing duly acknowl- edged, shall retransfer to the city ths items thus affected, and shall be re- paid by the city such portion of the j amount paid for such transfer of fax lien rs may be applicable to the item* thus affected, with interest from the time of such payment at the rate of six per centum unless a lower rate >•'? sA tilth in ths *' Eagle Library- -THE CHARTER OF THE CHY OF NEW YORK 138 lien, in which event at such lower rate, and the city shall pay the taxed costs and disbursement of any action or proceeding:, other than an action to foreclose the tax lien, in which such adjudication is made. The provisions of this section shall not apply to a tax lien which has been reduced as provided in section ten hundred and forty-two, unless by such an adjudi- cation the amount of the tax lien which shall remain valid and enforci- ble, be reduced below the sum bid for the same and the interest thereon at the rate to which the holder of the transfer of tax lien is entitled, and the amount repaid by the city shall not exceed the difference between the sum to which the tax lien has been reduced, and the sum paid therefor, with interest thereon at the rate to which the holder of the transfer* tax lien is entitled. [As amended by Laws of 1213, chap. 681.] Owners may question transfers of tax liens. Sec. 1045. Any person interested in or holding a lien upon any real property af- fected by any unpaid tax lien or transfer of tax lien, may file a written notice with the collector of assessments and arrears claiming that a transfer of tax lien is invalid or defective or that a tax lien which has been transferred pursuant to this title or which is advertised to be transferred is invalid, defective, void or ineffectual, or should be vacated or set aside. The collector of assessments and arrears shall transmit all such notices to the corporation counsel, who shall ex- amine into the facts and proceedings re- sulting in the tax lien or transfer of tax lien mentioned in such notice; before a .determination is had the corporation counsel shall serve a copy of such notice upon the holder of the transfer of tax lien which is thus questioned or which transfers the items thus questioned and shall give such holder an opportunity to be heard. The corporation counsel shall certify in writing his opinion upon the matters and questions raised by such no- tice. and if he concludes that a defense in an action to foreclose the tax lien would succeed in whole or in part he shall so certify, and shall recommend what action shall be taken by the city concerning the same. If the corporation counsel concludes that such defense would succeed in whole or in part and recom- mends repayment by the city of the amount paid for a transfer of tax lien which would be applicable to any item he shall state the reasons for such rec- ommendation, and if it be approved by the comptroller the city shall require the surrender of the transfer of tax lien or the retransfer to it of the item or items of tax lien which are found to be void or defective, and shall make repayment therefor in the same manner as if such transfer of tax lie"., tax lien or items had beets- adjudicated in the manner pro- vided in sections ten hundred a-ad forty- three and ten hundred and forty-four. Neither the provisions of this section nor any act or proceeding thereunder shall Impair or in any other manner affect the rights or remedies of any person inter- ested in, or holding any lien upon, real property to question the validity of any tar, assessment, water rents or tax lien, or any part or item of any tax lien '—Aldiol "ay Laws 1908, Chapter 490. Corporation connsel to protect In- terest of city. Sec. 1046. No claim shall be made against the city under sections ten hun- dred and forty-three, ten hundred and torty-four or ten hundred and f rty-five by the holder of any tax lien, unless ac- tion to foreclose the tax lien or transfer of tax lien upon which such claim is founded be commenced within five years from the time of the sale resulting in such transfer of tax lien. Nor shall any claim be made against the city under sections ten hundred and forty-three or ten hundred and forty-four, unless with- in ten days after the commencement of any action or proceeding to vacate, set .cside or cancel a transfer of tax lien, or a. tax lien or an item mentioned in a transfc" of tax lien, or unless within ten nays alter the service of any pleading cr other paper in an action or proceeding in which any transfer of tax lien, or item mentioned in a transfer of tax lien, is brought into question, sought to be set aside, vacated, or canceled, or which sets forth or pleads any defense to an action to foreclose a tax lien, a notice in writing be served upon the corpora- tion counsel setting forth the question or objection raised to the best knowledge of the holder of the transfer of tax Hen, or his attorney at law, and demanding that the city take up the prosecution or de- rense of ths action or proceeding. All oroceedings in such action or proceeding shall be stayed for thirty days or such | shorter time as the corporation counsel shall stipulate in writing. It shall be cne duty of the corporation counsel to examine the questions raised, and, in order to protect the inteiests of the city, he shall have the right to be substituted for the attorney of record of the holder ot the transfer tax lien, or to appear as attorney of record for the holder of any such transfer of tax lien, to conduct or defend any such action cr proceeding in tha name of the holder of the transfer of tax lien, and to bring any other action or proceeding for, on behalf of and in . the name of the holder of such transfer ot tax lien as he may deem advisable, to trike appeals and to argue appeals taken by the adverse party, as he may deem advisable. It shall be the duty of the corporation counsel to protect the 5n- '.erem of the city in all matters, pctions end proceedings relating to tax liens end transfers of tax Kens; to intervene on beVtalf of the city vr of the holder of a transfer of tax lien in. or to make the city a party to any action in which he believes it to be to the interest of the city so to do, by reason of any matter arising under or relating to any tax lien or transfer of tax lien, or advertise- ment of sale of tax liens. In any action or proceeding in which the corporation counsel pursuant to this section shall be substituted, or shall appear, it shall be without expense to the holder of the transfer of tax lien, and all costs re- covered on behalf of such holder of a transfer of tax lien in any r.ction or pro- ceeding conducted or defended by the corporation counsel shall belong to f he city and shall be collected, applied and disposed of ir the same manner as are other costs recovered by the city — Added by Laws 1908, Chapter 490. Defective or invalid transfer of tax lien; proc;eiiing anew. Section 1047. If a transfer of tax lien be vacated or be set ai ide or canceled cr if it be adjudged th;.t a transfer of lax lien is invalid or defective, or in- sufficient to transfer a tax lien to the purchaser thereof, or if in any action to foreclose a tax lien, it be adjudged that a tax lien is not a valid lien on the premises which it purports to affect, be- iause of some irregularity in the pro- ceedings had, and if in pursuance of any such adjudication the pin cnar-r of said transfer of tax lien shall have surrendered such transfer of tax lie;; to the collector of assessments and arreai'3 and shall have been repaid by the city, the amount paid fo- such transfer of tax lien, with interest and costs and dis- | bursements of the said action or procee 1- ing in which such adjudication was made, J then and in that event, the tax lien which | was purported to be transferred and as- j signed in such transfer of tax lien shall ' remain as a valid lien upon the premises which it affects, except to such extent as it may have been adjudged irregular or invalid, and the collector of assessments and arrears shall proceed to sell anew. I i as provided iD section t°n hundred and | twenty-seven of this act, so much of the j said tax lien as is not Invalid as If no i prior sale purporting to transfer the said tax lien had taken place. — Added by Laws 1908, Chapter 490. Lost transfer of tax lien; delivery of duplicate in case of. Sec. 1048. Whenever any transfer of tax lien given by the collector of taxes and arrears, as in this title provided, shall be lost, the comptroller may receive evidence of such loss, and on satisfactory proof of the fact may direct the collector of as- sessments and arrears to execute and de- liver a duplicate to such person or per- sons who shall appear entitled thereto, and may also,, in his discretion, require a bond of indemnity to The City of New York. — Section 1050 as renumbered and amended by Laws 1908, Chapter 490. Bills of arrears of taxes nnd assess- ments to be famished when re- quested. Sec. 1049. The collector of assess- ments and arrears, upon the requisition of the owner, the proposed vendee un- der a contract of sale, a mortgagee, or any person having a vested or contingent interest in any lot or lots, or their duly authorized agent, shall furnish a bill of all arrears of taxes, and taxes with the “water rents’’ added on any lot or lots due prior to the first of March, then last past, and of assessments which are due and payable; and upon the payment of the said bill (which shall be called a “bill of arrears of assessments, taxes and water rents”), his receipt thereon, countersigned by the comptroller, shall be conclusive evidence of such payment. The comptroller shall cause to be kept a duplicate account of amounts so col- lected, and the certificate of the collector of assessments and arrears, counter- signed by the comptroller, that there ar’ no tax 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 March then last past, and for all assessments due and payable prior to the date of the said receipt or certificate, but not from the Hen of any tax lien duly sold. — As amended by Laws of 1911, Chapter 673. Td.j fees for searcliee. Sec. 1050. Fees for the searches to be paid into the city treasury shall- be in- cluded in the bills mentioned in the pre- ceding section, and also charges for certi- ficates, which shall be given by said col- lector of assessments and arrears, respect- ing lots on which there may be no arrears when searches are required; the said fees to b" "ec-nlsted by ord i .rr ’ T '"0 of the board of aldermen — Section 1052 renumbered by Laws of 1908, Chapter 490. Aflldnvita of publication of neces- sary notices to be preserved. Sec. 1051. It shall be the duty of the collector of assessments and arrears to procure, preserve and register in his of- fice. affidavits of the publication of all the notices by this title required to be pub- lished. and such affidavits shall be pre- sumpt’ve proof of such publication in all the courts of this state. — Section 1054 as renumbered by Laws of 1998. Chapter 19u. Sec. -053 repealed by Laws of 1908, Chapter 490. CHAPTER XVIII. DEPARTMENT OF EDUCATION. Title 1. The public schools and their management. Title 2. The college of The City of New York. Title 3. The normal college. Title 4. General provisions. •So in original. 139 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK TITLE 1. THE I’llBI IC SCHOOLS AND THEIR MANAGEMENT. Board of education; property under It* care and control; in wliat name ■ nits brought. Sec. 1055. The title to all property, real and personal, now or that may hereafter be acquired for school or educational pur- poses, 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, as provided in this act, for the purposes of public educa- tion, recreation and other public uses. 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 personal, devised or be- queathed or transmitted to it for the pur- poses of education in said city; but such property shall be under the care and con- trol of the board of education, as provided by this act, for the purposes of public education, recreation and other public uses in said city. School age of children. Sec. 1056. The schools of the said city under the management and control of the board of education shall be free to all per- sons over four and under twenty-one years of age residing in said city, but un- der such regulations not in conflict with the general school law of the state, as the board of education shall prescribe, provided, however, that no child under 6ix years of age shall be received in said schools except in kindergarten classes. Board of education; succeeds to trusts of public school society. Sec. 1057. All the trusts held by or vested in the public school society of The City of New York, as heretofore organ- ized and existing 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 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 I he lawful suc- cessors of said society in the execution of every trust. Hoard of education succeeds to duties and power* of former lion rilH. etc. Sec. 1058. Subject to the provisions of this act., and so far as is consistent there- with, the board of education of The City of New York, as created by the terms and provisions of this act, shall be subjeef to all duties, possess all the rights and ex- ercise all the powers respectively held by the board of education, the school boards of the several boroughs and the inspect- ors of common schools on the day when this act takes effect, excepting such duties, rights and powers as shall de- volve upon the local school boards as provided in this act. The powers, duties and functions of all the school boards In the several boroughs within The City of New York, as they have heretofore been eonstituted. shall cease and determine, and their offices shall he abolished, on the first Monday of February, nineteen hundred and two, and the board of edu- cation. as constituted by this act, shall thereupon sueoeed to such powers, and become subject to such fun ♦ ' ■ ..m-4 duties as pro/i-lfi fM t v> : - act. Money to comlnct schools to l*e raised hy taxation. See. 1059. The board of estimate and apportionment and the board of aldermen of The City of New York may 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 of estimate and apportion- ment and the said board of aldermen pur- suant to the provisions of this act. Special and general school lands. all moneys to he administered by hoard of education. Sec. 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 general school fund shall consist of all moneys raised for ihe payment of salaries of the city superintend- ent, associate city superintendents and dis- trict superintendents, director and assistant director of the division of reference and re- search, members of the board of examiners, attendance ofllcers, lecturers and all mem- bers of the supervising and teaching staff, throughout all boroughs, in conformity with section ten hundred and ninety-one of this act. The special school fund shall contain and embrace all moneys raised for educational purposes not comprised in the general school fund. It shall be the duty of the board of estimate and apportionment and of the board of aldermen to indicate in the budget in rais- ing the special school fund the respective amounts thereof which shall be available for use in the several boroughs. The general school fund shall be raised in bulk, and for the city at large. The board of education shall have power to administer and shall ad- minister all moneys appropriated or avail- able for educational purposes in the city of New York.— As amended by Laws of 19H, chap. 476. Hoard of education; how consti- tuted; president; vacancies; mem- bers to serve without pay. Sec. 1061. There shall be in The City of i New York as constituted by this act, a board of education, which snail have the management and control of the public | schools and of the public school system of the city, subject only to the general stat- utes of the state relating to public schools and public school instruction, and to the provisions of this aot. The board of edu- cation of The City of New York shall con- sist of forty-six members, twenty-two being residents of the borough of Manhattan; four of the Borough of The Bronx; fourteen of the borough of Brooklyn; four of the borough of Queens, and two of the borough of Richmond. The members of the board of education shall be appointed by the mayor and hold office for the term of five years. On the first Monday of February, in the year nineteen hundred and two, and in every year thereafter, the said board of education shall organize by electing one of Us 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 edu- cation, caused by death, resignation, or otherwise, shall be filled by appointment by the mayor for the unexpired term, sub- ject to the provisions as to the residence of such members hereinbefore set forth. On the third Monday of January, nineteen hundred and two, the mayor shall ap- point members of the board of education to serve until the dates hereinafter speci- fied, namely: In the borough of Manhattan, five members until January first, nineteen hundred and three; five members until January first, nineteen hundred and four; four members until January first, nineteen hundred and five; four members until Janu- ary first, nineteen hundred and six; and four members until January first nineteen hundred and seven. In the borough of Brooklyn, three mem- bers until January first, nineteen hundred and three; three members until January first, nineteen hundred and four; three members until January first, nineteen hun- dred and five; three members until January first, nineteen hundred and six; and two members until January first, nineteen hundred and seven. In the bor ugh of The Bronx, or." member until Januar • first nln?;?:'o >•••: 1 ;i and Bn..-, [ member until January first. nine- teen hundred and five; one member until January first, nineteen hundred and six; and one member until January first, nine,- teen hundred and seven, in the borougn of Queens, one member until January firs.., nineteen hundred and three; one member until January first, nineteen hundred and five; one member until January first, nine- teen hundred and six; and one member until January first, nineteen hundred and seveD. In the borough of Richmond, one member until January first, nineteen hundred and four; and one member until January first, nineteen hundred and seven. In the. month of November prior to the ex- piration of the respective terms of office of the members of the board of education, ap- pointed as aforesaid, the mayor shall ap- point their successors to rerve for the full term of five years from the first day of January following. The terms for which such appointments are made shall be designated in the certificates of appoint- ment of such members. A change of resid- ence by a member of the board of educa- tion from the borough from which he was appointed shall vacate his office. Members of the board of education shall serve with- out pay. and shall hold no office of emolument under the county, state or mu- nicipal government, .except the offices of notary public or comm'ssicner of deeds, or office, 3 in the national guard. Id.; to posses* powers and privl. leges of a corporation. Sec. 1062. For the purposes of this chapter, the board of education of The City of New York shall possess the pow- ers and privileges of a corporation Id.; to appoint an executive ci, re- mittee; powers ol' committee. Sec. 1063. It shall be the duty of the board of education in the month of Feb- ruary, nineteen hundred and two and in each year thereafter in the month of July to appoint a standing committee of fifteen members of the board, who shall, subject to the approval of the board, constitute an executive committee for the care, government and manage- ment of the public school system of the city, subject to the by-laws of the board of education. At least one member of such committee shall be selected from each borough. The said hoard of educa- tion may by its by-laws confer upon said ernomittee power to perform any of the administrative powers of the board. It snail be the duty of said executive com- mittee to perform such duties as the board of education may by by-law pre- scribe. The board of education may. at any regular meeting thereof, by a ma- jority of all the members of the board, remove any or all the members of the said committee, and appoint other mem- bers of the board to the vacancies thus created. Said executive committee shall meet at least once in each month. All reports of committees of the board ap- pointed under its by-laws shall be pre- sented to the executive committee for its consideration and action before being presented to the board, unless otherwise ordered by the board. The president of the board shall he ex officio the chair- man of the executive committee. Id.; to lie representative of school system; to snhmit estimate for en- tire school system. Sec. 1064. The board of education shall represent the schools and the school sys- tem of. The City of New York before the board of estimate and apportionment, and before the board of aldermen. In all matters of appropriations in the budget of the city for educational purposes, and in all other matters, and shall in gen- eral, be the representative of the school system of the city in its entirety. On or before the fifteenth of September in each year it shall submit an estimate in de- tail of the moneys needed for the entire school system of the city, during the next succeeding calendar year, to the io'-rl of estimate and apportionment "i Th ? •"*. i of estimat* 140 Eagle Library-THE CHARTER OF THE CITY OF NEW YORK fcnd apportionment shall appropriate for the general school fund for the year nineteen hundred and two and annually, for each year thereafter, an amount equivalent to not less than three mills on every dollar of assessed valuation of the real and personal estate in The City of New York, liable to taxation. In case the amount so appropriated for the gen- eral school fund exceeds the expendi- tures and ascertained liabilities charge- able to such fund during any one year, the amount by which the said general school fund exceeds said expenditures and liabilities shall become part of the general school fund for the next succeed- ing year, and the amount to be raised by tax for said fund shall be diminished by the amount of said excess. The board of education shall administer all moneys appropriated or available for education- I a I purposes in The City of New York, subject to the general provisions of this air relating to the audit and payment of salaries and other claims by the de- partment of finance.— As amended by T.aws of 1903, Chapter 43. | to use uixl control certain preiu- i met. Sec. 10G5. The board of education shall j bave power to use sind to control the premises known as the hall of the board -•f education, at the corner ot Parle ave- e n<) and Fifty-ninth street in the bor- ough of Manhattan, and any other build- ,-rgs to be occupied for like purposes in 1'lie City of New York, and to make all the repairs, alterations and additions in ami to the said building or buildings which the board of education may author- ize and deem advisable. It shall pro- vide such offices and rooms as it may deem advisable within the boroughs of The City of New York, for the adminis- tration of the powers and duties conferred bv this chapter upon the board of edu- cation. the board of superintendents, and the city superintendent. Idem; to dispose of personal property; disposnti m of proceeds; to lease j pi operty and make contracts. Sec. 1066. Subject to the provisions of this section relating- to the disposi- tion of discarded school books the board of education shall have power, in the name of the city of New York and for said city, to dispose of such ■personal property used in the schools or other buildings under the charge of said board as shall no longer be re- quired for use therein. The said board may sell at prices as may be agreed upon such manufactured articles or other products of any of its schools, day and evening, as may not be utilized by the board of education, and all moneys realized by the sale thereof shall be paid into the city treasury and shall at once be ap- propriated by the board of estimate and apportionment to a special fund to be administered by the board of education for such purposes as said beard, in its discretion, may deter- mine. All other moneys realized by yue sale of persona! property r.hall be p'aik into the city treasury an" shall at once Vx appropriated by the board of estimate and apportionment, to the special x.rhool fund of the b. the highest bid- der, who guarantees to destroy said useless and discarded books, and tlie j money realized shall be paid into the city treasury and shall at once be ap- propriated by the board of estimate and apportionment to the special -school fund enitled “supplies" of the board of education as designated by said board. If disposal is made on the basis of money allowance for waste paper, it shall be to the highest bidder who guarantees to destroy said useless and discarded books and who shall name a price per pound and shall deliver new books to the aggre- gate value of said discarded and use- less books, upon the order of the board of education. Said disposal of discarded books need not be publicly advertised, nor is it necessary to en- ter into a formal contract. Should the discarded books be in such a con- dition that no sale or exchange can be made, or should there be reason to believe that said discarded books have became infected through disease among the pupils, the committee on supplies of the board of education may authorize their destruction by fire', in which event the superinten- dent of school supplies shall obtain and file in his office a certificate that such books have been so destroyed, signed by the principal of the school in which the books are located. — As amended by Chapter 602, Laws of 1913. Iloaril of education: to appoint cer- tain officers, clerks, et cetera, nn’ ipriate and include in the annual budget, such sum or sums of money as may be necessary for Ihe pur- poses of this a<-t — As amended by Laws 1904. Chapter 542. S. The hoard of education shall have power to establish a bureau of compulsory education, school census and child welfare and subject to the provisions of law and of this act. the said hoard shall have poxver lo make by-laws, rules, regulations and prescribe forms for tha proper performance of the duties of all per- sons employed in and under the direction of said bureau. On the nomination of the board of superintendents the board of education shall have power to appoint a director and an as- sistant director of the said bureau for a term of six years each, and such attendance officers, enumerators, clerk's and other employees as may be necessary, and to fix their salaries within the proper appropriation: to assign a chief attendance officer, and one or more at- tendance officers as supervising attendance of- fic-rs for sncK periods as may tie prescribed in the by-laws of the board of education. N-» person eha!‘ be eligible for the nosition of director or of assistant director of the said bureau who has not ore of the following quali- fications: (ai Graduation from a college or i-niv.-o.-ify recognized by the University of the Staie of New York, together with five years' experience in teaching or supervision since graduation. e kept by; where principals report. Sec. 1081. The board of superintendents shall keep a list of all principals and teachers in the service of the hoard of education in the several boroughs, with a record of the dates of their appointment, the grades and classes taught by them, and of such tther matters as the board of su- perintendents may prescribe. Such lists shall be open to the inspection of teachers (as to their own records only), of members i of the board of education, of the members of the local school boards, of district superintendents, and of principals. Prin- I clpals shall report to the city superln- I tendeut or to the district suporluteudeut I within their district at such times, upon such matters, and in such form as the city superintendent or such district superin- tendent may require. Proiiiolioii or transfer of pnpils; rule* ami regulations. Sec. 1082. The board of superintendents shall establish for the schools, subject to the approval of the board of education, rules and regulations for the reception of pupils in the schools of the city, the pro- motion of pupils from grade to grade, from school to school, for the graduation from all grades of schools, and for the trans- fer of pupils from one school to another. Recommendations of and requisi- tions for text books and scholastic supplies. Sec. 1083. The board of education shail, upon the recommendation of the board of superintendents, approve text books, appa- ratus and other scholastic supplies for use in the public schools of the city. Requi- sitions for such text books, apparatus and scholastic supplies shall he made by prin- cipals upon the superintendent of supplies under rules to be established by the board of education, but no requisition for any school shall be honored unless it is ap- proved in writing by the district superin- tendent of the district where such school is situated. Changing grades of schools and classes; courses of study. Sec, 1084. The board of education shall have power to change the grades of ail schools and of all classes of the schools under its charge, and to adopt and modify courses of study for all schools. No such change or modification, however, shall be made unless such proposed change or modification is first submitted to the board of superin- tendents. The said board of superintendents shall thereupon within such time as the bylaws may prescribe and not less than forty days thereafter report thereon. In case such report is adverse such change or modification shall not be effectual unless passed by a vote of two-thirds of all the members of the board of education. [As amended by Laws of 1913, chap. 749.] Duties of the board of *n pr ri n (oil d- ents. city superintendent, district superintendent aud supervisor* witli reference to special branches. Sec. 1085. The board of superintendents, with the advice of the directors of the respective special branches, shall assign to the several school districts such teach- ers of drawing, music, physical culture, manual training, cooking, sewing or other special branches as the board of education may appoint. The district superintendents shall assign such teachers of special branches to their duties in the schools of the several districts to which they are ap- pointed. The directors of special branches shall act as advisors to the board of su- perintendents, to the district superintend- ents, and to principals, with regard to the special branches they supervise; under the direction of the city superintendent they shall examine the work in their several oranenes, report upon tne same, and In- struct special teachers and class teachers in the teaching of their several branches. Moi bn«ls of teaching; syllabuses 'of t op I os. Sec. 1086. Subject to regulations pre- scribed by the board of superintendents, and under the supervision of the district superintendent in charge, the principal of each school shall direct the methods of teaclvng in all classes under his charge. The board of 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 require ! ia such branches. , , , Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 143 Power y mayor after heartnu for neglect or misconduct, S sc, 1096. ALy member of the board of education, or of a local school board may be vemoved by the mayor of said city, upon proof either of official mis- conduct of office, or negligence of offi- cial duties, or of conduct in any manner connected with his official duties, or otherwise, which tend® to discredit his office, or the school system, or for mental or physical inability to perform his du- ties, but before such removal of said member he 9hall receive due and timely notice in writing of the charges and a copy thereof, and shall he entitled to a hearing on like notice before the mayor and to the assu'inee of counsel on said hearing. The board of edneation to canne n o- counts and records to be made uud kept. Sec. 1097. The board of education shall be final, except as to matters In shall provide the proper book or books, relation to which, under the general in (onn ;ls required by its by-laws, and school laws of the state, an appeal shall cause the el - ss teachers under the may be taken to the state superinten- direc tion and supervision of the princt- dent of public instruction. In case the pa) t o enter the names, ages and resi- principal or other officer or teacher is dences of the scholars attending the acquitted, he shall be restored to his school, the name of the parent or guar- position with full pay for the period d ian of each pupil and the days on which of suspension. In all trials authorized the scholars shall have attended respsc- by this chapter all testimony taken tively. and the aggregate attendance of shall be under oath, which the presi- P1 , ( .h scholar during the year, and also dent of the board of education, chair- the day upon which the school shall have man of a local school board or chair- bePn visited by the city superintendent man of the committee conducting the or by j, n associate city superintendent or trial is hereby authorized to adminis- by the district superintendent, or by ter, and the supreme court shall have members of the board of education, or by power, upon the application of such members of the local school hoard, or president or chairman, to compel any by il!ly 0 f them, which entry shall be witness who may be summoned, to ap- trifled by such oath cr affirmation of pear and testify before said board the principal as may be prescribed by of education, local school board or the board of education. These books committee. [As amended by Laws of 1913, chap. 686.] A n until rriiort to nlnle su perlndend- ent of public instruction. shall be preserved as the property of the board of education and shall at all times be open to inspection by mem- bers of the board of education, by mem- bers of the local school boards and by Sec. 1094 The bond of education shall ( ( ^ be e j ty superintendent, or by any asso between the first day of Augusi and the c5ate cjt superintendent, or by the dls- thirUeth day of September in each yea,!, fripf snmprintpnrients make and transmit to the slate superin- tendent of public iiifcti'UcUou a report in writing for the state school year ending j on the next preceding tulrty-tlrat day of July, wnlt'h report shall be in such form and shall state such facts as the state superintendent and the school laws of the state shall require. Annual renort to mayor) other re- po r 1 » to mayor. Sec. iuyo. i ue uoird of education shall, between the first uay of August and ttie thhtieth uay of November in each year, make and transmit to tne mryor of Tne City of Now York a report in writing, for the year ending on tie thirty-first day trict stuperlntendents. School officers not to he Interested in eoiiti-nctst removal of. Sec. 1098. The board of education shall have power to remove from office any school officer who shall have been direct- ly or Indirectly interested In the fur- nishing 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 con- tract for any of these purposes, in any case in which the price or consideration is to be paid, In whole or in part, di- rectly or Indirectly, out of any school moneys, or who shall have received, from of July next preceding, stating the whole aliy SO urce whatever, any commission or - compensation in connection with any of the matters aforesaid; and any school of- ficer who shall violate the preceding pro- visions of this section shall be deemed guilty of a misdemeanor, and upon con- viction thereof, shall be punished by a fine not exceeding 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 ’o authors of school bocks used In any of the public schools because of any interest they may have as authors in such books. number of schools under its jurisdiction during the said year, ending ou the thir- ty-first day of July; the number of teachers; the total number of pupils on register, and the average attendance at each school; the number of high schools and training schools for teachers, with the number of teachers and the attend- ance of pup.'ls at each; the corporate schools or societies from which reports j have been made as elsewhere prescribed in this act, the length of time such schools have been kept open, and the number of teachers and of pupils taught in each such school. The board of ed- ucation shall also between the first day of January and the fifteenth day of Feb- ruary in each year make and transmit to the mayor of The City of New York j another report bearing date the thirty- first day of December next preceding -ating the total amount of money ex- Contrihntions to political lands, etc., prohibited. Sec. 1099. Neither the city superintendent of schools, nor any associate or district superintendent of schools, nor any mem- pended for the purposes of public edu- I her of the hoard of examiners, nor any ration in said city during the year end- member of the supervising or teaching ing on said thirty-first day of December, staff of the department of education of The board of education shall also make j The City of New Y'ork. shall be per- in said reports such suggestion and rec- mitted to contribute any moneys, dlrect- ommenUations relative to the public ly or indirectly, to any fund intended to schools of The City of New York as it affect legislation Increasing their emolu- may deem proper. * meats. Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 14 Power* of invoati^ntion. Sec. 1100. The board of education may Investigate, of its own motion or other- wise, either in the board or by a com- mittee 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 or those of any local school board; and for the purpose of such investigation, such board or its president, or committee and its chairman, shall have and may exercise all tile powers which the board of educa- tion has or may exercise in the case of a trial under section one thousand and ninety-three of this act. Any action or determination of a committee appoint- ed under the provisions of this section shall be subject to approval or reversal by tho board, 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. Con tin notion In office of all em- ployes under tlie public school sys- tem. Sec. 1101. Except as herein otherwise provided, the city superintendent, the members of the board of examiners, the supervisors, the directors, and all prin- ciples, teachers and other members of the educational staff in the public school 6ystem of any part of The City of New York, and all school officers or other em- ployes appointed by the board of educa- tion before this act takes effect, includ- ing the secretary of the board, the city superintendent of schools, the superin- tendent of school buildings, the superin- tendent of school supplies, the auditors, ni'd all deputies, clerks and other em- ployes in their respective offices, shall continue to hold their respective posi- tions and to be entitled to such com- pensation as is now provided or may hereafter be provided by the lawful au thority, subject to change of title, to re- assignment or to removal for cause, as 1 may be provided by law, and subject to the right of the said hoard to abolish unnecessary positions. The secretaries, clerical force and employes of the several borough school boards abolished by this act, including the supervisor of lectures for the boroughs of Manhattan and the Bronx, shall be assigned by the board of education, and the clerical force and the employes of the several borough super- intendents and boards of borough super- intendents also abolished by this act shall be assigned by the board of superinten- dents, to positions and duties corre- sponding as nearly as may be to their respective positions and duties before this act takes effect without prejudice or ad- vantage, provided, however, that nothing herein contained shall be construed to re- peal, limit, modify or abridge any provis- ions o* lav’ or civil service regulations relative to the r°moval of subordi- nates by public officers or heads of departments, or to affect the right of adding to the duties or reduc- ing the salary of any secretary, clerk or employe and abolishing unneces- sary positions. All licenses to teach are certificates of qualifications for teach- j ing granted by the superintendent of pub- lic instruction of the city of Brooklyn, or by authority o* the board of education of the said city of Brooklyn, prior to February first, eighteen hundred and ninety-eight, or recognized by the board of education of the said city of Brooklyn or the state superintendent of public in- struction as in force at that date in said *'ty, shall unless revoked for cause by the state superintendent of public in- struction, bo recognized by the city su- perintendent of schools and the board of examiners of The City of New York, as in full force, and shall entitle the holders to appointment or promotion to any po- sition to which they were respectively eligible by the position of such licenses or certificates. All persons heretofore trans- ferred under the provisions of this chap- ter as originally enacted to the service of the consolidated city who hold offices for definite terms, shall be deemed to have been transferred for the remainder of their respective terms only. School money appropriation l*y tl>c state to tlie public schools of the city. Sec. 1102. Whenever the city clerk shall receive notice from the state su- perintendent of public instruction of the amount of moneys apportioned to Tho City of New York for the support and encouragement of common schools there- in, he shall immediately lay the same before the board of aldermen of said city; and the chamberlain of the said city shall apply for and receive the school moneys apportioned to the said city as soon as the same become payable, and place the same in the city treasury, to the credit of the general fund for the re- duction of taxation. l^r' TITLE 2. THE COLLEGE OF THE CITY OF NEW YORK. To continue as a separate corpora- tion. Sec. 1127. The College of the City of New York shall continue to be a sepa- rate and distinct organization and body corporate, and as such shall have the powers and privileges of a college pursu- ant to the revised statutes of this state, and be subject to the provisions of the said statute relative to colleges, and to the visitation of regents of the univer- sity, in like manner with the other col- leges of the state. Trustees of college of city of New York; number, appointment. Sec. 1128. The board of trustees of said college on and after the first day of July, nineteen hundred, shall con- sist of nine residents of the city to be appointed as hereinafter provided, and of the president e! the board of educa- tion of the city ex-officio. Except as herein otherwise provided, the said boar'd shall have and possess the pow- ers conferred upon and be subject to the duties required of the trustees of colleges by the education law. The mayor of the city of New York shall appoint before the first day of June, nineteen hundred, nine persons to serve as such trustees, to hold office respectively as shall be designated by the mayor, for one, two, three, four, five, six, seven, eight and nine years from the first day of July, nineteen hundred. On or before the first day of June prior to the expiration of the term of office of any trustee the may- or shall appoint his successor for a full term of nine years from the first day of July following. The mayor shall fill any vacancy existing in the office of trustees — other than the pres- ident of the board of education — by the appointment of a trustee to hold office for the unexpired term. Each trustee so appointed shall take the oath of office required by the consti- tution of the state. Any resignation from the office of trustee shall no | made to the mayor. No trustee | shall be subjeet to removal under the j provisions of section ninety-five of this | act, but any trustee may be removed by the mayor upon proof either of ! official misconduct or negligence of official duties, or of conduct in any manner connected with his official duties or otherwise which tends to dis- credit his office, or the school system, or for mental or physical inability to perform his duties, but before such removal he shall receive due and timely notice in writing of the charges and a copy thereof, and shall be enti- tled to a hearing on like notice before the mayor, and to the assistance of counsel on said hearing. The board of trustees shall have power to pre- scribe by-laws and regulations for the board and for the government of the college, its faculty, instructors and other employees, and to authorize a curator or a member of said board as they deem proper, to advertise for, re- ceive and open any and all bids. Such by-laws shall include rules governing the appointment of all officers, mem- bers of the faculty, instructors and other employees of the college. A ma- jority of the members of the board ap- pointed by the mayor as aforesaid shall constitute a quorum for the transaction of business and no resolu- tion or act of the board shall be in- valid by reason of any vacancy exist- ing in the board, provided that such act or resolution shall be adopted by a vote of five members of the board. ) The board of trustees of said college shall also have power to presribe rules, regulations, charges and com- pensation, if any, for the use, and to prescribe the extent, purposes and manner of use, by persons, associa- tions and corporations of the lands or buildings of said college or any part thereof, at such time as the same are not required for the uses of the college and of those attending thereat, and the board of trustees shall also have power to prescribe what fees or charges, if any, such persons, asso- ciations or corporations may exact for the attendance at or participation in the uses so permitted. All moneys, if any, so received by said college shall, within ten days after being received, be duly accounted for and paid by said college to the comptroller of the city of | New York and shall be by him credit- led to a special fund for the exclusive I benefit and use of the athletic coun- cil and other organizations of said college, except as hereinafter provid- ed, and any moneys in said fund when duly appropriated by the board of es- timate and apportionment of the city of New York and thereafter by the board of trustees of said college, shall be available for carrying out the pow- ers, duties and functions of said ath- letic council and other organizations of said college and for no other pur- pose whatsoever. Provided that any balance of said moneys received by said comptroller during any fiscal year that may re- main in said special fund unappro- priated by said board of estimate and apportionment a year after the expi- rat ; on of each such fiscal year shall be, by said comptroller, when so di- rected by said board of estimate and apportionment, deposited to the credit of the general fund for the reduction of taxation. [As amended by Chap. 512, Eaws of 1815.1 Laws applicable. Sec. 1129. All acts of the legislature which were in force on March thirtieth, eighteen hundred and sixty-six, in re- gard to the free academy, and to its con- trol, management, support and affairs, not since mod ! . s ed or repealed, and which are not inconsistent with the 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 in- consistent with this act are hereby de- e'ared to be anplicable to the said col- lege. Participation In state literature sad iiin-t iksisiis. Sec. 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 comp- troller of The City of New York, as trus- tee for said college, the distributive share of the said funds to which the said Col- lege of The City of New York shall, by law, be entitled, and which shall be ap- 148 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK plied and expended tor library books for tbe said college. College officials and professors’ re- tirement fund. Sec. 1130-a. A retirement fund for the president, vice president, professors, as- sistant professors and instructors of the College of the City of New York is here- by created, and shall consist of one per centum annually, or as much thereof as is necessary for the purpose of this act, of all excise moneys or license fees be- longing to The City of New York as constituted by this act and derived or received in any current year by any com- missioner of excise or public officer from the granting of licenses or permission to sell strong or spirituous liquors, ale, wine or beer or of any moneys paid for taxes upon the business of trafficking in or sell- ing or dealing in strong or spirituous liquors, ale, wine or beer, in the boroughs of Manhattan, Bronx, Brooklyn, Queens and Richmond under the provisions of any taw of this state authorizing the grant- ing of any such license or permission, the said one per centum, or as much thereof as is necessary, to be paid by the comptroller of said city, who is here- by authorized and required to pay the same to the persons entitled to the said retirement fund as hereinafter prescribed, such sum to amount in each and every year to not more than one per centum on the excise fund belonging to said city, nor to exceed such amount as may be required to pay the full amount of an- nuities allowed. The comptroller of The City of New York shall by the direction and request of said board of trustees' of said college pay out the same. The comptroller of The City of New York shall report in detail to the board of trustees of said college annually in the month oi January the amounts paid out by him in the preceding year for accounts of said retirement fund. Said board of trustees shall have power by a two -thirds vote of all its members to retire any member of the supervising or teaching staff of said college, who shall have attained the age of 65 years and shall have been engaged as a super- vising officer, professor, assistant pro- fessor or instructor in said college for ten years, and has taught in some univer- sity, college, academy, educational insti- tution or in the common schools of this or some other state in the United States for thirty years, and in the event of such retirement shall be entitled to the annuity hereinafter provided, and any president, vice president, professor, assistant pro- fessor or instructor who shall have served consecutively for twenty years in said college or who is con- nected with said college and shall have served said college for ten years and taught or acted as supervising officer in some university, college, academy, educa- tional institution or in the common schools of this or some other state in the United States for thirty years, shall, on his own application, be permitted tj retire from the active service of said college, and upon such retirement, duly approved by a majority vote of the board of trustees of said college, shall be en- titled to receive an annuity out of said retirement fund of not less than one-half the annual salary paid to him at the date of such retirement, and in case of the president an additional sum of one thou- sand dollars, in case of a vice president an additional sum of five hundred dollars, and should said annuity, in the case of a professor, be less than three thousand dollars, then the said board may, in its discretion, increase said annuity to not more than three thousand dollars. The said board shall have power by a two- thirds vote of all its members to appoint any supervising officer, professor, assist- ant professor or instructor, who has been retired as hereinbefore provided, to active duty for a term of not more than one year in a position similar to that formerly heid by him. Such supervising officer, profes- sor, assistant professor or instructor so appointed to active duty shall be entitled to the annuity to be paid out of the re- tirement fund as hereinbefore provided and an additional sum to bo paid out of funds in the hands of the board of trus- tees for the general expenses of the col- lege, as compensation for his services, which additional sum shall be equal to the difference between the amount of the an- nuity received by him and the amount of his salary for the year immediately pre- ceding his retirement, so that the total amount paid him shall equal his salary for the year immediately preceding his retirement Any such appointment here- tofore made by said board is hereby rati- fied and confirmed and such appointee is entitled to the annuity hereinbefore pro- vided and an additional sum as above provided as compensation for his services. — As amended by Laws of 1903, Chapter 438. Duties of trustees to report. Sec. 1131. It shall be the duty of the trustees of said college, annually on or before the first day of September, to re- port to the board of estimate and appor- tionment such sum, not exceeding one hundred and seventy-five thousand dollars in any one year, as they may require for the payment of the salaries of the pro- fessors and officers of said college, for obtaining and furnishing scientific appar- atus, books for the students and all other necessary supplies therefor; for repairing and altering the college buildings; and for the support, maintenance and general ex- penses of said college; and the said board of estimate and apportionment and the board of aldermen 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 afore- said, as may be reported to them by said trustees; the amount so to be raised and collected to be in addition-to the sums re- quired 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 comm.on schools of The City of New York,’’ passed July third, eighteen hundred and fifty-one, and the several acts amenda- tory thereto. Upon the recommendation of the trustees, the board of estimate and apportionment and the board of aldermen 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. Instruction to l>e furnished gratuit- ously and otherwise by College of the City of New York; degrees and diplomas. Sec. 1132. The trusteees 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 recom- mendation of the faculty of the said college may grant degrees and diplomas to such per- sons as shall have completed a full course of study in the said college. The trustees may also, upon such terms and conditions as to admission and attendance as they may pre- scribe, furnish gratuitously or otherwise, for male and female students actual residents or employees of said city, special courses and courses of study in vocational subjects and civic administration, and other educational ad- vantages. including the admission of nonma- triculated students, within the college build- ings or elsewhere; and may grant appropriate certificates and vocational diplomas and de- grees to such students as shall have com- pleted the courses or studies so prescribed. All sums of money, if any. received by said college, as provided by this section, shall he accounted for and paid into the city treas- ury, and shall at once be appropriated by the board of estimate and apportionment to a spe- cial fund to he administered by the trustees of the College of the City of New York in fur- nishing and conducting the said special courses and courses of study in vocational subjects and civic administration, nonmatriculated student privileges and other special education advan- tages. The trustees of the college shall report to the comptroller of the city the amount of the unexpended balance in such special fund at the end of each fiscal year, and any such balance which shall remain unappropriated by the said board of trustees at the end of the succeeding fiscal year shall then be paid into the city treasury to the credit of tire genernl fund. — As amended by Laws of 1910, Chap. 080. Reports by trustees to he furnished. Sec. 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 board of aldermen 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 pre- ceding, 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 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 portion; an account or estimate J of the library, philosophical and chemical apparatus, and mathematical or other scientific instruments belonging to such college; the names of the instructors em- ployed in said college, and the compensa- tion naid to each; what amount of money 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 man- ner, 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 tfie boaru of trustees in the manage- ment thereof, as the board of aldermen or the regents of the university of the state of New York may, from time to time, re- quire. TITLE 3. THE NORMAL, COLLEGE. The Normal College of The City of New York, a Corporation and Col- lege; Name. Sec. 1139. The Normal College of The City of New York is hereby de- clared to be a separate and distinct organization and body corporate, and as such shall have the power and priv- ileges of a college pursuant to the re- vised statutes of this state, and be subject to the provisions of the said statutes relative to colleges, and to the visitation of the regents of the uni- versity, in like manner with the other colleges of the state. Such college shall hereafter be known as Hunter College of The City of New York and the provisions of this charter as well as of all other acts and parts of acts in any manner relating to or affecting The Normal College oi The City of New York shall apply to and continue in full force and effect in relation to said Hunter College of The City of New York. — A.S amended by Laws of 1914, Chapter 11. Trustees, Number and Appointment. Sec. 1140. The board of trustees of said college on and after the first day of July, nineteeen hundred and fif- teen, shall consist of nine residents of the city, men and women, to be ap- pointed as hereinafter provided, of th« president of the board of education of the city ex officio and of the president of said college ex officio. Except ?,?• herein otherwise provided, the said board shall have and possess the pow- ers conferred upon and be subject to the duties required of the trustees of colleges by the education law. The mayor of the city of New York shall appoint before the first day of June, nineteen hundred and fifteen, nine per- sons, men and women, to serve as 149 1 ' Eagle Library — THE CHARTER OF THE CITY OF NEW YORK such trustees, to hold office respec- tively as shall be designated by the mayor, for one, two, three, four, five, six, seven, eight and nine years from the first day of July, nineteen hun- dred and fifteeen. On or before the first day of June prior to the expira- tion of the term of office of any trus- tee the mayor shall appoint his suc- cessor for a full term of nine years from the first day of July following. The mayor shall fill any vacancy ex- isting' in the office of trustee — other than the president of (he board of education and the president of the col- lege — by the appointment of a trus- tee to hold office for the unexpired term. Each trustee so appointed shall take the oath of office required by the constitution of the state. Any resignation from the office of trustee shall be made to the mayor. No trus- tee shall be subject to removal under the provisions of section ninety-five of this act, but any trustee appointed by the mayor may be removed by the mayor upon proof either of official misconduct or negligence of official du- ties, or of conduct in any manner con- nected with his official duties or other- wise which tends to discredit his of- fice, or the school system, or for men- tal or physical inability to perform his duties, but before such removal he shall receive due and timely notice in writing of the charges and a copy thereof, and shall be entitled to a hear- ing on like notice before the mayor, and to the assistance of counsel on said hearing. The board of trustees shall have the power to prescribe by- laws and regulations for the board and for the government of the college, its faculty, instructors and other em- ployees, and to authorize a curator or a member of said board as they deem proper, to advertise for, receive and open any and all bids. Such by-laws shall include rules governing the ap- vointments of all officers, members of the faculty, instructors and other em- ployees of the college. A majority of the members of the board appointed by the mayor as aforesaid shall consti- tute a quorum for the transaction of business and no resolution or act of the board shall be invalid by reason of any vacancy existing in the board, pro- vided that such act or resolution shall be adopted by a vote of five members of the board. The board of trustees of said col- lege shall also have power to prescribe rules, regulations, charges and com- pensation, if any, for the use and to prescribe the extent, purposes and manner of use, by persons, associations and corporations of the lands or build- ings of said college or any part there- of, at such times as the same are not required for the uses of the college and of those attending thereat, and the board of trustees shall also have power to prescribe what fees or charges, if any, such personsfi associ- ations or corporations may exact for the attendance at or participation in the uses so permitted. All moneys, if any, so received by said college shall, within ten days after being received, be duly accounted for and paid by said college to the comptroller of the city of New York and shall be by him credited to a special fund for the ex- clusive benefit and use of the athletic, j dramatic, musical and other associa- j tions and organizations of said college ! except as hereinafter provided and j any moneys in said fund when duly ap- propriated by the board of estimate and apportionment of the city of New York and thereafter by the board of ! trustees of said college shall be avail- able for carrying out the purposes of the athletic, dramatic, musical and other associations and organizations of said college and for no other purpose J whatsoever. Provided that any balance of said moneys received by said comptroller during any fiscal year that may re- > main in said special fund unappro- priated by said board of estimate and apportionment a year after the expira- tion of each such fiscal year shall be, by said comptroller, when so directed by said board of estimate and appor- tionment, deposited to the credit of the general fund for the reduction of taxation. — As amended by Laws of 1916, Chap. 193. Laws applicable to; participation In state literature and other funds. Sec. 1141. All acts of the legislature now in force with regard to the said normal college, its control, management, support, and affairs, not inconsistent with the provisions of this act, are hereby declared to be applicable to said college. The Normal College of the City of 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 an- nually 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 en- titled, and which shall be applied and expended for library books for said col- lege. Trnstees to report nnnnally tlie amount required to pay- salaries, etc.; HUCli amount to be raised by- taxation; board of aldermen may increase amount named herein. Sec. 1142. It shall be the duty of the trustees of said college annually on or before the fifteenth day of October to report to the board of estimate and ap- portionment such sum not exceeding one hundred and fifty thousand dollars in any one year, as they may require for the payment of salaries of the professors and officers of the said college, for obtaining ana furnishing scientific apparatus, books for the students and all other necessary supplies therefor, for repairing and alter- ing tl.e college buildings, and for the sup- port, maintenance and general expenses of said college; and the said board of estimate and apportionment, and the board of aldermen of The City of New York are hereby authorized and directed, in each and every year to raise and col- lect by tax on the estate, real and per- sonal, 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 andcoliectea 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, con- solidate and reduce to one act the several acts ot the state of New York relative to common scnools of The City of New f ork,’’ passed July third, eighteen hun- dred and mty-one. and the several acts amendatory thereto. Upon the recom- mendation of the trustees, the board of estimate and apportionment and the board of aldermen may increase from time to time the amount annually to be raised in the tax levy for the maintenance of the normal college. IVistruetion to lie fnrnisbed gratuit- ously; degrees anil diplomas. See. 1143. The said board of education as trustees of said college, shall con- tinue to furnish through the Normal Col- lege of the City of 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 reg- ulated 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 examina- tion for admission to said college: and the board of trustees, upon the recom- mendation of the faculty of the said col- lege, may grant the usual degrees and di- plomas 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. Annual reports of trustees. Sec. 1144. The trustees of the Normal College of the City of New York shall make and transmit annually, on or be- fore the first day of February in each year, to the board of aldermen 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 spe- cial testimonials; a particular statement 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 ap- paratus and mathematical or other sci- entific instruments belonging to said col- lege; the names of the instructors em- ployed in said college and the compensa- tion 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 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 hoard of education or the regents of the university of the state of New York may from time to time re- quire. Money appropriated for, to l»e ex- pended when required by trnstees; contracts by trustees. Sec. 1145. The moneys apportioned to the board of education of said city of New York by the board of estimate and appor- tionment and board of aldermen, for the payment of the salaries of the profes- sors and officers of said college, for ob- taining and furnishing scientific appara- tus, 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, shall he ex- pended for said normal college when re- quired 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 in- volving tfie expenditure of more than one / thousand dollars, 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 pub- lic moneys as provided for in this act. TITLE 4. GENERAL PROVISIONS. Religions scots anil dogmatic boobs excluded; Bible retained. Sec. 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 ether religious sect shall be taught, in- culcated or practiced, or in which any book or books, containing compositions favorable or prejudicial to the particular doctrines or tenets or any particular Christian or other religious sect shall be used, or wliich shall teach the doctrine* 150 Eagle Library— THE CHARTER OF THE CITY UF NEW YORK or tenets of any other religious 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 borough to ex- clude 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 com- petent for the said board of education to decide wnat version, if any, of the Holy Scriptures, without note or comment, shall be used in any of the schools; provided that nothing herein contained shall be so construed as to violate the rights of conscience, as secured by the constitu- tion of this state and of the United States. Certain private schools authorized to participate in common school fund. Sec. 1152. The scnool 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 insti- tution in Park street, near the place us- ually called the Five Points, in the said city, and the industrial schools estab- lished and maintained under the charge of the Children’s Aid Society, in The City cf New York, shall participate ■ through the board of education in the distribution of the common school fund in the same manner and degree as the common schools of The City of New York, and shall be subject to the same regulations and re- strictions as are now by law imposed on the common schools of New York. — As amended by Laws of 1901, Chapter 714. To report as to moneys anti attend- ance. Sec. 1153. The board of education shall require from the officers conducting schools by appointment of the board, and from the trustees, managers or directors of the corporate schools entitled to par- ticipate in the apportionment of school moneys, a report in all respects similar to that formerly required in The City of New York as constituted prior to the passage of this act from the trustees of each ward. And in making the apportion- ment among the several schools, no share shall be allotted by the board to any school or society from which no suf- ficient annual report shall have been re- ceived. for the year ending on the last day of June immediately preceding the apportionment. Certain additional private «eliool* authorized to participate in school funds. Sec. 1154. The New York Orphan Asylum School, the Roman Catholic Orphan Asy- lum School, the schools or the two half or- phan asylums, the school of the Society for the Reformation of Juvenile Delin- quents, in The City of New York, the school for the Leake and Watts’ Orphans House, the school connected with the almshouse of said city, the school of the Association for the Benefit of Colored Or- phans, the schools of the American Fe- male Guardian Society, the school estab- lished 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 asylum and in- dustrial 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 organ- ized undi-!< 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 eighteen, eighteen hundred and forty-three, or an act en- titled ‘‘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 tho •erne, and such schools as may be organ- ized under the provisions of this chapter shall be subject to the general supervis- ion of the board of education, and shall be entitled, through the said board to par- ticipate in tho apportionment of the school moneys, as provided for in this chapter, but they shall tie under the im- mediate direction of their respective trus- tees, managers and directors, as herein provided. Accidental omission to report. Sec. 1155. Whenever an apportionment of the public money shall not be made to any school, in consequence of any acciden- tal omission to make any report required by law, or to comply with any other regu- lation or provision of law, the board of education may, in its discretion, direct an apportionment to be made to such school, according to the equitable circumstances of the case, to be paid out of the public money on hand, or if the same shall have been distributed out of the public money to be received in a succeeding year. Trustees of sneli schools may convey to corporation and become merged. Sec. 1156. The trustees, managers and directors of any of the corporate schools entitled to participate in the apportion- ment 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 pre- scribed 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 pub- lic schools, subject to all the rules, duties and liabilities, and enjoy the same rights as if they had been originally established as public schools. Nautical school may be established and maintained. Sec. 1167. The board of education may, in its discretion, provide and maintain a nautical school in said city, for the education and training of pu- pils in the science and practice of navigation; to furnish accommoda- tions for said school, and make all needful rules and regulations there- for, and for the number and compen- sation of instructors and others em- ployed therein; to prescribe the gov- ernment and discipline thereof, and the terms and conditions upon which pupils shall be received and instructed therein, and discharged therefrom, and provide in all things for the good management of said nautical school. And said board shall have power to purchase the books, apparatus, sta- tionery, and other things necessary or expedient to enable said school to be properly and successfully 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 obtain- ing a practical knowledge in naviga- tion and of the duties of mariners. And the said board are hereby au- thorized to apply to the United States government for the requisite use of vessels and supplies for the purpose above mentioned. [As amended by La-vs of 1913, chap. 321.] Binnilcal school; management of. Sec. 1158. The said board of education shall appoint annually at least three of their number who shall, subject to the control, supervision and approbation of the hoard, constitute an executive com- mittee, for the care, government and management of such nautical school, un- der rules and regulations so prescribed and whose duty it shall be, among other things, to recommend the rules and regu- lations which they deem necessary and proper for such school. Chamber of Commerce to appoint committee to serve as conncil. Sec. 1159. The chamber of commerce of New York is authorized to provide for and appoint a committee of its members to serve as a 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 establish- ment and management of such school, and from time to time to visit and ex- amine the same, and to communicate in respect thereof, with the board of educa- tion, or such executive committee there- of, and to make reports to the chamber of commerce which may transmit to the state superintendent of public instruc- tion such reports, or any thereof, or an abstract of the same, with such recom- mendations as may be deemed advisable. Expenses. Sec. 1160. After the establishment and organization ot the said school, the ex- penses thereof, and of carrying out the provisions of this chapter, shall be de- frayed from the moneys raised by law for the support of common schools in The City of New York. New York Institution for the Blind. Sec. 1161. The board of education is hereby authorized and required to dis- tribute to the managers of the New York Institution for the Blind a ratable pro- portion of the said school fund to every blind pupil in said institution, without regard to age. Anniversary dny ns a holiday in the public schools of the borough of Brooklyn. Sec. 1162. The eighth day of June in the year nineteen hundred and five and thereafter the first Thursday in June in each year, except in those years when the first Thursday in June occurs in the same week with Memorial day, and in such years the second Thursday in June, known as anniversary day, and celebrated in commemoration of the organization of Sunday schools, is hereby made and declared to be a holiday in all the public schools in the borough of Brooklyn, City of New Y'ork, and the board of education of such city is hereby authorized and directed to cause all the public schools in such borough to be closed on such day. — Added by Laws 1905, Chapter 528. CHAPTER XIX. DEPARTMENT OF HEALTH. Title 1. Powers and duties of the de- partment, its officers and administration. Title 2. Marriages, births and deaths. Title 3. Duties of physicians and others. Title 4. Legal proceedings and punish- ment for disobedience of orders and ord- inances. Title 5. Reimbursement of expenses. Title 6. Abatement by suit. Title 7. Lodging houses. Title 8. Pension fund. TITLE 1. ORG 4 $ NATION, ADMINISTRATION, AUTHORITY, DUTIES AND POTV- SRS OF department. The board of liealtli the head of the department of health. Sec. 1167. The head of the department of health shall be called the board of health. Said board shall consist of one commissioner to be called the commis- sioner of health, the police commission- er and the health officer of the port. The commissioner of health shall be appoint- ed by the mayor, shall hold office as pro- vided in chapter four of this act, and 151 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK shall be the president of the board of health. The commissioner of health shall be the executive officer of the health department. The terms of office of the three officers called commission- ers of health, except the president of the board of health, appointed pursuant to the provisions of the Greater New York Charter, shall cease and determine on the first day of January, nineteen hundred and two, and the said president shall thereupon become commissioner of health. Antliorlty, dnty and powers of the hoard of health. Sec. 1168. The authority, duty and powers of the department of health shall extend over The City of New York, and the waters adjacent 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 commissioners of quaran- tine 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 re- port upon any portion of the wo-k of said department, whenever he may deem It to be for the public good so to do. All the authority, duty and powers heretofore conferred or enjoined upon the health de- partments. boards of health, health and sanitary officers In any of the municipal and public corporations or parts thereof, in any of the territory now within or hereafter 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 mem- bers of said boards, by tho laws consti- tuting and appointing all such depart- ments, boards of health, and sanitary of- ficers. and members of said boards by the laws constituting and appointing all such departments, boards of health and sani- tary officers,* and giving and granting to them, or any of them, duties and powers not inconsistent with the provisions of 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 manner specified in said chapter 6eventy-four of the laws of eighteen hun- d’ed and sixtv-slx, and the several acts amendatory thereof, and by any other I subsequent laws of the state relative to health and sanitary matters, and the prevention of pestilence and disease in said city of New York, or in any part j thereof, and in conformity with the pro- visions of this act. Duty of board as to enforcement of laws: information. Sec. 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 protec- tion of health; and said board may exer- ! rise the authority given by said laws to enable it to discharge the duty hereby j imposed- and this section is intended to J include all laws relative to cleanlines.s, J and to the use or sale of poisonous un- | wholesome, deleterious or adulterated drugs, medicines or food and the neces sary sanitary supervision of the purity and wholesomeness 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 gener- ally of such nature and extent, relative • Bo in original. I to the safety of life and promotion of health as its by-laws or rules may pro- i vide, from all public dispensaries, hos- pitals, asylums, infirmaries, prisons and schools, and from the managers, princi- pals and officers thereof; and from all other public institutions, their officers and managers, and from the proprietors, managers, lessees and occupants of all theaters and other places of public resort or amusement in said district; but such reports and information shall only be re- quired concerning matters, or particulars, in respect of which, it may, in its opinion, need' information, tor the better dis- charge 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, j 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 ail proper information in possession of said board to be sent to the local health au- thorities of any -city, village or town in this state which may request the same, and shall add thereto such useful sugges- tions 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 such in- formation and facts relating to death, dis- ease and health from other parts of this state, but especially In said city, as may be useful in the discharge of its duties, and contribute to the promotion of health, or the security of life in the state of New York. It shall be the duty of said hoard to give all information that may be reasonably requested concerning any threatened danger to the public, health, to the health officer of the port of New- 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 con- dition of the city in respect of health. Hospital*. Sec. 1170. Said board may remove oi cause to be removed to a proper place designated by it. any person sick with a contagious, pestilential, or infectious disease and designate, provide and pay for the use of places for such persons. The board may erect, establish, main- tain and furnish in such places within the city as are now used or may here- after be designated by the board of esti- mate and apportionment for such pur- poses, buildings and hospitals for the care and treatment of persons sick with contagious diseases, and shall have ex- clusive charge and control of all mu- nicipal hospitals for the treatment of Asiatic cholera, plague, typhus fever, scarlet fever, yellow fever, measles, diph- theria and smallpox, but this shall not be construed to require the board of health to remove any person suffering from any of these diseases to the hos- pital therefor, unless in its judgment such removal is necessary for the pro- tection of the public health. With the concurrence in writing of the depart- ment or departments thereby affected, the board of health shall, from time to time, subject to the approval of the board of estimate and apportionment, designate such hospitals established for or actually caring for persons suffering from a pestilential, contagious or infec- tious disease, as In Us judgment should, in the public Interest and for the protec- tion of the public health, be under the exclusive charge and control of the said board of health, and all hospitals so (designated maintained by any municipal | department or departments, together j with the employes of such hospitals, j shall upon such designation by the board of health and approval of the board of estimate and apportionment, granted after a public hearing, be transferred te the board of health and the control and maintenance thereof shall thereafter be vested in the board of health; provided, however, that the said board of health, with the concurrence in writing of the department or departments thereby af- fected. may from time to time designate a hospital for the treatment of an in- fectious disease, other than Asiatic chol- era. plague, typhus fever, scarlet fever, yellow fever, measles, diphtheria and smallpox, under the jurisdiction of the board ot health, as one which may, with- out danger to the public health, be transferred to the jurisdiction of other municipal authorities authorized by law to establish or maintain public hos- pitals, and such designation, if ap- proved by the board of estimate and apportionment, after a public hear- ing shall take effect, and the hos- pital so designated, together with the employes of such hospital, shall there- upon be transferred to such other mu- nicipal authorities as are designated, and the duty of maintaining such hospitals shall thereupon vest in such other mu- nicipal authorities. Any municipal au- thority or hospital corporation main- | talning a hospital or ward for the tieat- : ment of persons having a contagious or j infectious disease may admit lo such hospital or ward any person applying for admission thereto, and certified by the physicians of the said hospital to have the disease for which the said hos- pital or ward is maintained, and each such admission shall be reported imme- I diately by such municipal authorities or hospital corporations to the board of health. The discharge of such person shall also be reported forthwith to the board ot health. For the purposes of this section, a pestilential, contagious or infectious disease shall be one de- clared to be such by the board of health. The board of health shall have power to take possession of, and occupy for temporary hospitals, any building or buildings in the said city, during the prevalence of an epidemic, if in the judgment of the board the same may be required, and shall pay for private prop- erty so taken a just compensation for the same. Said board may cause proper | care and attendance to be given to per- sons sick or removed, when it shall be j made to appear to the said board that any such person is so poor as to be un- able to procure for himself such care and attendance, or that the public health ' requires special medical care and at- tendance. The board of health may send I to such place as it may direct, all aliens j and other persons in the city, not resi- dents thereof who shall be sictc of any I infectious, pestilential or contagious d s- ease. The expense of the support of such l aliens or other persons shall be defrayed | dv the corporation of The City of New I York, unless such aliens or other persons shall be entitled to support from the j commissioners of emigration. No per- son shall remove any person sick with infectious, contagious or pestilential dis- ease t'orn anv vessel or olher place in said c : ty without a written permit from the board of health. — As amended by Laws 1909, Chapter 342. Repulrk of Imilillngs. ! Sec. 1171. The powers ot the board o* health shall be construed to include the ordering and enforcing in the same man- I ner as other orders are provided to be ! enforced, the repairs of buildings, houses I and other structures; the regulation and j control of all public markets fso far as j relates to the cleanliness, ventilation and I drainage thereof, and to 'he prevention of the sale or offering for sale of im- proper articles therein! ■ t*e removal of 1 any obstruction, matter or thing in or r 152 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK upon the public streets, sidewalks or Piaces which shall be in its opinion liable to lead to results dangerous to life or health; the prevention ot accidents by v/hich life or health may be endangered; and generally the abating of all nuis- ances. It is hereby expressly declared that the said board of health shall have and possess 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. Judicial notice ot seal and presnmp- tions. Sec. 1173. The actions, proceedings, au- thority, and orders of said board of health shall at all times be regarded as in their nature judicial, and be treated as prima facie just and legal. All meet- ings 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 au- thorized, unless the contrary be proved. All courts shall take judicial notice of the seal of said board and of the signa- ture of its secretary and chief clerk. Sanitary code. Section 1172. The sanitary code which eball be in force in The City of New York the first day of January, nineteen hundred | and two, and all existing provisions of law I fixing penalties for violations of said code j are hereby declared to fro binding and in i force in The City of New York, and rhall [ continue to be so binding and in force, ex- | cept as the same mey, from time to time, be revised, altered, amended or annulled as herein provided. Provided, however, that so much cf this section as declares the sanitary code, binding and in force in The j City of New York shall not be construed I as limitingthe storage of fertilizers or the \ keeping and slaughtering of fowls, cattle and other domestic animals upon premises J used for farming in unimproved sections [ of the city, or as forbidding the ordinary j use of country roads in driving such fowls, cattle and other domestic animals. Said board of hea’th is hereby authorized and | empowered, from time to time, to add to { and to a'ter, amend or annul any part of the said sanitary code and may therein publish additional provisions for the se- curity of life and health in The City of New York, and confer additional powers on tho department of health, not inconsistent with the constitution or laws of this state, j and may provide for the enforcement of the | said sanitary code by such fines, penalties, j forfeitures cr imprisonment as may by or- dinance be prescribed. Tho board of hea'th may embrace in said sanitary code all matters and subjects to which, and so far as, the power and authority of said department of health extends, not limiting theit application to the subject of health only. Any violation of said sanitary code shall he treated and punished as a mis- demeanor. Pecuniary penalties for vio- lation of said sanitary code may be re- covered in a civil action in the name of the department of health for The City of New York, before any justice or tr‘bunal in said city, having jurisdiction of civil actions; and all such justices and tribunals shall take jurisdiction of such action. Copies of the records of the proceedings of said board of health, of its rules, regu- lations, bylaws and books and papers, con- stituting part of its archives, and now or hereafter in force in said city, when authen- ticated by its secretary or secretary pro tempore, shall be presumptive evidence, and the authentication taken as presum- ably correct in any court of justice, or judicial proceeding, when they may be relevant to the point or matter in contro- versy, of the facts, statements, and re- citals, therein contained. The sanitary code which is in force May first, nineteen hundred four, shall constitute a chapter of the code of ordinance of The City of New York. On or before the fifteenth day of May, nineteen hundred and four, the sec- retary of the said board of health shall file with the city clerk such sanitary code wh’ch was in force on May first, nineteen hundred and four, and upon the filing of the same it shall become a general ordin- ance of The City of New Yorlc. No amend- ment to said code adopted by the board of health subsequent to May first, nineteen hundred and four, shall become valid and effectual until a copy of such amendment, duly certified to be a correct copy by the secretary of the board of health, be filed with the city clerk. Upon so filing, such amendment shall become a part or said sanitary code. — As amended by Laws 190-1. Chapter 628, i Seal. Sec. 1174. The board of health may de- sign and adopt a seal, and use the same in the authentication of its orders and proceedings, commissioning it3 officers and agents, and otherwise, as the rules of the board may provide. Said board may enact such bylaws, rules and regu- lations as it may deem advisable, in har- mony with the provisions and purposes of this chapter, and not inconsistent with the constitution or laws of this state, for Ihe 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 seme. Publication of reports and statistics. Sec. 1175. The board of health may es- tablish as it shall deem wise, and to pro- mote the public good and public service, reasonable regulations as to the publicity of any of the papers, files, reports, rec- ords and proceeding of the department of health; and may publish such informa- tion as may, in its opinion, be useful, con- cerning births, deaths, marriages, sick- ness, and the general sanitary conditions oC said city, or any matter, place or thing t herein. ProoepcIiiiEs relative to ilar.geron Ixiililic gs, vessels, places anil thingrs. Sec. 117G. Whenever any building, erec- tion, excavation, premises, business pur- suit, matter or thing, or the sewerage drainage or ventilation 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 11 f e or health, said board may take and file among its records what it shall re- gard as sufficient proof to authorize its declaration that tbs same, to the extent it may specify, is a public nuisance, or dangerous to life or health; and said board may thereupon enter in its records tho same as a nuisance, and order the same to be removed, abated, suspended, altered, or otherwise improved or puri- fied. as said order shall specify; and if any party served with such order (or in- tended to be according to this chapter; shall, before its execution is commenced, or within three day 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 at the execution thereof, save in cases of imminent danger from impending pes- tilence, when said board may exercise ex- traordinary powers, as herein elsewhere specified, and to give such party or par- ties 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 direc- tions of said board, against said dec- laration and the execution of said order, or in favor of its modification, according to the regulation of the board; and the boaid shall enter in its miuutes 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 exe- cution 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 ex- cavation, erection, vehicle, vessel, water craft, room, building, place, sewer, pipe, passage, premises, ground, matter or thing in said city or adjacent waters, re- garded by said board as in a condition dangerous or detrimental to life or health, to be purified, cleansed, disin- fected, altered or improved; and may also order any substance, matter or thing being or 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 danger- ous 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, iu the judgment of said board, is already pro- vided. 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 pestilence, the board ot health may have designated, or is not thereafter speedily and fully executed, then any such order may be executed as herein else- where provided in regard to any of the or- ders of said board. And if personal service of any aforesaid order can not be made un- der this section by reason of absence from said district, or Inability to find one or more of the owners, occupants, lessees or ten- ants of the subject matter to which said order relates, or one or more of the per- sons 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 bot.rd; 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 copy left at the residence or place of business of the person sought to be served, with a person of suitable age and discretion, and the ex- penses 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, ana each of the lessees and occupants of the building, business, plc^e, property, matter or thing to which said order relates, and in respect of which said expenses were in- curred; and also aga’nst every person or body vho was by law or contract bound to do that in relation to such business, place, street, property, matter or thmg, which said order requires, and said expenses shall also be a lien on all rent, compensa- tion due or to grow due, or the use ot any place, room, building, premises, matter or thing to which said order relates, and in respect of which said expenses were in- curred; and also, a lien on all compensa- tion due or to grow due for the cleaning of any street, place, ground or thing, or for the cleansing cr 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 beard, 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 aforesa : d. or aeainst any person, firm or corpora uo.i owing, or who may owe, such rent or conc- r ovation, aid rcay recover the exoenses sa. io'Mi: - . ed under 1 any order aforesa-'A- Extraordinary expend! tn res. Sec. 1177. The department of health may use, in compensation of special inspectors, physicians and nurses, and for supplies and contingencies, such sum, not exceeding in the aggregate eighty thousand dollars, in excess of the annual appropriation, as may be at any time appropriated by the board of estimate and apportionment for the pre- vention of danger from contagious or in- fectious diseases found to exist In said city, or for the care of persons exposed Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 153 1 to danger from contagious or infectious diseases. Declaration of imminent peril. Sec. 1178. In the presence of great and Imminent peril to the public health by reason of impending pestilence, it shall be the duty of the board of health, hav- ing first taken and filed among its rec- ords 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, to do and order, and cause to be done, such acts and make such expenditures (beyond those duly estimated for or provided) for the preservation of the public health (though not herein elsewhere or other- wise authorized) as it may in good faith declare the public safety and health to demand, and the mayor shall in writing approve. But the exercise of this extra- ordinary power shall also, so far as it involves such excessive expenditures, re- quire the written consent of at least two 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. Bureaus. Sec. 1179. There shall be two bu- reaus in the department of health. The chief office: - of one bureau shall be called the “sanitary superintendent,” who, at the time of his appointment, shall have been, for at least ten years, a practicing physician, and for three years a resident of the city of New York, and he shall be the chief ex- ecutive officer of said department. The chief officer of the second bureau shall be called the “register of records,” and in said bureau shall be recorded, without fees, every birth, marriage, and death, which shall occur within the city of New York. [As amended by Chap. 284, Laws of 1915. J Offices nn«l expenses. Sec. 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 employees, and the prudent, and proper discharge of the duties of the de- partment may require; and may. sub- ject to the other provisions of this act. make such other incidental and addi- tional expenditures, having due regard to economy, 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 employee of the depart- ment to duly fulfill his engagements or discharge his duty shall cause a foi - fe'ture of the whole, or any less portion of the salary or compensation of such officer, agent or emp'oyee, as the rules or peastfee of the department may provide. Borongli offices to lie maintained. Sec. 1181. The board of health shall establish and maintain in the boroughs of Manhattan, The Bronx, Brooklyn, Queens, and Richmond, offices wherein the business and duties of the department of health Bhall be performed and discharged under its rules, regulation and control. To this end the board of health shall appoint as- sistant sanitary superintendents, and as- sistant registrars of records, one of each of such officers to be assigned to each of the five borough offices above mentioned, and so many of tho other officers, clerks, Inspectors and subordinates allowed, pur- suant 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 per- taining to the boroughs in whi:h the office Is located. In the general office of the health department in the borough of Man- hattan, shall also be preserved and Kept, both for record and the use of the hoard 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 business and transactions of the board of health, as well as those which belong to, and have special refer- ence to, the business and transactions, and the discharge of the duties and powers of the health department in the borough of Manhattan. The board of health may like- wise 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 there- to throughout the city as constituted by this act, but shall always maintain its chief office in the borough of Manhattan. Delegation of powers. Sec. 1182. The board of health and com- missioner of health may from time to time delegate any portion of its or his power to the sanitary superintendent or an assistant sanitary superintendent, to be exercised by such delegates from the time and in the manner, and to the extent specified in such delegation in writing. Pro- vided, however, that this section shall not be constructed in restraint of the general power of the board of health to discharge its duties through any and all of its ap- pointees. The department of health shall have a secretary, who shall, subject to the direction of the board of health, keep and authenticate the acts, recorts, papers and proceedings of the department of health, preserve its bo^ks and papers, conduct Its correspondence, and aid generally in ac- complishing the purposes of this chapter. The board of health may designate a clerk to be the chief clerk of the deparfment, and a clerk in each of the offices of the five boroughs above mentioned, in which offices are established, 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 s-vine effect as evidence and other- wise as if certified by the secretary. Duty of *,«n!lary superintendents. Sec. 1183. It shall be the duty of the sanitary superintendent and the assist- ant sanitary superintendents, as each may be directed, to execute, or cause to be executed, the orders of said depart- ment of health and generally, according to instructions, to exercise a practical supervision in respect to the inspectors, agents, and persons other than the sec- retary, and health commissioner 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 aforesaid 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 writ- ing, stating generally his own action and that of his subordinates, and the condi- tion of the public health in said city, or any person thereof, and any causes en- dangering l«fe or health which have come to his knowledge during that period. Reports of, anti inspection. Sec. 1184. The sanitary superintendent, the assistant sanitary supe-intendents, the -sanitary inspectors and the officers of said department may all visit sick persons, who shall be reported to the de partment of health as sick of any con- tagious, 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 in- spect 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 or impound i 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 ar- ticles so inspected by him or them, and the nature, state, and situation thereof, and his or their opinion In relation there- to, as to the probability of disease being communicated by or from the parse, pad file such report in the chief office of tne department of health. Sanitary inspectors. Sec. 1185. The board of health shall ap- point and commission at least fifty sani- tary inspectors, and shall have power to appoint twenty additional sanitary inspec- tors, if it deems that number necessary, and from time to time prescribe the du- ties 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 in- spectors sha'l be physicians of skill and of practical professional experience in said city. The additional sanitary inspec- tors heretofore duly appointed and com- missioned, either in New fork city, or in the city of Brooklyn, may be included among the sanitary inspectors mentioned in til is 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 exclusive of the special inspectors for whom pro- vision 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 sani- tary matters as qualify them for the du- ties of their office. Each of such inspec- tors shall once in each week, make a written report to said department, stat- ing what duties he has performed, and where he has performed them, and also such facts as have come to his knowledge* connected with the purposes of this chap- ter as are by him deemed worthy of tho attention of said department or suth as its regulations may require of him; which reports, with the other reports herein elsewhere mentioned, shall bo filed among the records of the said de- partment. finltary engineering: service. Sec. 1186. The board of health may, from time to time employ a suitable person or persons to render sanitary engineering ser- vice, and to make or supervise practical and scientific sanitary investigations and examinations in the city requiring engi- neering skill, and to prepare plans and reports relative thereto. Badges. Sec. 1187. The board of health may pro- vide a badge of metal with a suitable >n- scription ihereori. and direct and require it to be worn, In a position to be des.gnw- ated, by_ any person or officer unioT the authority of paid department, ai such \ times and un*er such ci^ownskances M ri,a ). rules and by-laws of said department shari direct. Examinations and snrveys. Sec. 1188. The members of the board of health, the health commissioners, the sanitary superintendent, the assistant sanitary superintendents, and any of the sanitary inspectors and such other officer or person as may, at any time, be, by said board rX hea’th authorized, 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, draw- ings 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, mat- 1 ter or thing In the city, so Inspected, of 154 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK otherwise, as aforesaid, so far as, in the opinion of the board of health, such publi- cation may be useful. Proofs anti affidavits. Sec. 1189. Proofs, affidavits and examina- tions as to any matter under this chapter may he taken by or before the board of health or other person, as the board of health shall authorize; and the commis- sioner of health, the secretary, the sani- tary superintendent, assistant sanitary superintendents and any m°mber of t..id department, shall, severally, have au- thority to administer oaths in such mat- ters, and any person guilty of wilfully answering or testifying falsely therein shall incur all the pains and penalties of perjury. Secs. 1190, 1191. Repealed ly Act of 1901. Suits and service of paiiers. Sec. 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 corporation counsel or such assistant as may be assigned by him to the health de- partment. Attorney. See. 1193. The corporation counsel shall assign such assistant counsel as may be needful to the department of health, as provided in chapter seven of this act. Salaries. Sec. 1194. The annual salaries to be paid to persons herein named, and appointed to the several specified positions shall, from and after 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 commissioner of health, seven thou- sand five hundred dollars; to the sanitary superintendent, five thousand dollars; to the secretary, five thousand dollars; to the assistant sanitary superintendents, each three thousand five hundred dollars to the registrar of records, four thousand dollars; to the assistant registrars of rec- ords, each three thousand dollars; to the chief clerk of the department of health, three thousand dollars. I<1 • V anrt no fees. Sec. 1135. 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, expenditure, employment, fees or expense shall be au- thorized by the department of health; and any officer or agent, employe, or servant of the health department demanding or receiving compensation, fees or expenses in violation of this section shall be guilty ' of a misdemeanor, punishable by impris- onment for a term of not more than one year and by a fine of not more than five hundred dollars, and the forfeiture of his office or position. 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 ordi- | nances, or in respect of any matter con- J cerning which said health department is by this chapter given control or jurisdic- I tion. No personal liability. Sec. 1196. No member, officer, or agents | of said department of health, and no per- son or persons other than the department of health or the city Itself shall be sued or held to liability, for any act done or <»«n!tted by either person aforesaid, in tood faith, and with ordinary discretion, on behalf of or under said department, or pursuant to its regulations, ordinances, or health laws. And any person whose property may have been unjustly or il- legally destroyed or injured. ■ pursuant to any order, regulation, or ordinance, or action of said donartment of health or its I officers, for which no personal liability ! may exist, as aforesaid, may maintain a I proper action against the city for the re- | covery of the proper compensation or damage. Every such suit must be brought within six months after the cause of ac- tion arose, and the recovery shall be lim- ited to the damages suffered. Orders of the board. Sec. 1197. The board of health, if it shall consider the public health or inter- ests so to require, may execute orders through its own officers or agents, and means to be engaged by the board of lualth. Whatever expenses said board of health may lawfully and properly incur in the execution of any order, resolution or judgment aforesaid, 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 suf- | l'cred 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, i in good faith, of their respective duties, shall, so far as established, be paid out of the fund or other moneys of the de- partment of health. ISxecutlon may be compelled. Sec. 119S. All orders duly made by any of the departments of health, or boards of health, or health and sanitary authori- ties or officers, to which said department succeeded, and by their terms or neces- sary legal effect, to be executed In The City of New York, may be executed, and the execution thereof compelled, and the execution of such of them as are partly executed may be compelled by the de- partment of health; and the said orders may be severally rescinded or modified by said department, with like effect, as could have been done by the department, board of health, or sanitary authority existing at the time the said orders were severally made. The said department may discharge all liens upon real estate in The City of New York, created by any board of health or sanitary authorities above mentioned, or created in proceed- ings instituted by the metropolitan board of health, or the department of health, which succeeded thereto, in the same manner and for the same causes that, by laws existing January first, eighteen hun- dred and seventy, they could be dis- charged by the metropolitan board of health. Uislit of Inspection. Sec. 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, out- line, drawing or charts thereof, or relat- ing thereto, made, kept or controlled un- der 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 de- partment of health authorized. Complaint book, Sec. 1200. The board of health shall cause to be kept a general complaint book, or several such books, in which shall be entered any complaint of a sani- j tary nature with the name and residence of the complainant, the names of the ! person Dr persons complained of, and the | date of the entry of the complaint, and I suggestions of any appropriate remedy | and said books shall be open to all rea- j sonable public examination, regulated in j al! respects as said board may deem J proper and tor the public service, and the I board of health shall cause the facts in j regard to such complaints to be investi- gated and the appropriate remedy to be applied. j Duties of owners, lessees and oceu> p ants. Sec. 1201. It is hereby declared to bo 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, apart- ment, building, erection, vessel, vehicle, matter, and thing in said city, and of every person conducting or interested iu 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 depart- ment having charge of any ground, place, building or erection therein, to keep, place and preserve the same and every part, and the sewerage, draining and ven- tilation thereof in such condition and to conduct the same in such manner that it shall not be a nuisance or be dangerous or prejudicial to life or health. Police department assistance. Sec. 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 viola- tions of its rules, and of sanitary ordi- nances, 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 de- partment and the police commissioner, 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 board of health, made pursuant to the powers of said board of health, upon the same being received in writing and duly authenticated, as said board of health may direct. And said police com- missioner is authorized to employ appro- priate persons and means, and to make the necessary and appropriate expendi- tures, lor 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 pai l 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 commis- sioner, made pursuant thereto, police of- ficers and policemen shall have as am- ple power and authority as when obeying any order of or law applicable to the po- lice commissioner, but for their conduct shall be responsible to the police com- missioner and not to the board of health. Sanitary company of police. Sec. 1202-a. The board of health shall make requisition upon the police commissioner for detail of not more than fifty suitable officers and men cf at least five years' ser- vice in the police force, who shall be se- lected for their peculiar fitness, for the enforcement of the provisions of the sani- tary code. These officers and men shall be detailed to' such service by the police com- missioner and the department of health shall pay to the police department monthly, the amount of the pay of the of- ficers and men so detailed, who shall be- long to the sanitary company of the po- lice and shall report to the board or health. The board of health may report back to the police commissioner for punishment, any member of said company guilty of any oreach of orders or discipline, or of neg- lecting his duty, and thereupon the po- lice commissioner shall detail another of- ficer or man in his place, and the discipline of the said members of the sanitary com- pany 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. Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 155 Medical examiners’ returns. Sec. 1203. The department of health may, from time to time, make rules and regulations fixing the time of ren- dering, and defining the form of re- turns and reports to be made to said department by the office of chief med- ical examiner of the city of New York, in all cases of death which shall be investigated by it; and tne office or the chief medical examiner is hereby re- quired to conform to such rules and regulations. [As amended by Chap. 284, Laws of 1915.] Removal of (lend bodies. Sec. 1204. It shall be the duty of the de- partment of health to grant a permit tor 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 tor the removal of the remains of any per- son interred within the citv to a pla’e without the same, on the application of a relative or friend of such person, when there shall appear to be no just objection to the same. Removal of night soil and oflfnl. Sec. 1205. The board of health shall have full and exclusive power and author- ity 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, from the thickly populated districts, or as often as may be necessary elsewhere, and of keeping the said city clean from all matter of nuisance of a similar kind. The depart- ment, bureau, or 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 commission- ers of the sinking fund, designate and set aoart foi the use of the department of health of said city, suitable ana sufficient slips, docks, piers and berths in slips, located as the said department of health ma.v require, and such as should be con- venient and necessary for its use ir> ex editing the duty hereby imposed upon said department of health, excepting the slips, docks and piers on the East River set apart tor the use of canal boats. Id.; contracts for. Rec. 1206. The board of health is author- ized to make contracts with any responsi- ble person or persons for the removal of •■aid 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 worn such contracts may by the said board of health, bo 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. Secs. 1207, 1208, 1203. See second sched- ule rear o; book. Putrid cargoes may 5>c destroyed. Sec. 1210. The board vf health, when it shall judge it necessary, may cause any cargo, or part of cargo, or any matter, or anything within the Jty that may be putrid or otherwise dangerous to the pub- lic health, to be destroyed or removed; such removal, when offered, shal' bo to the place of deposit of offal, dead animals, and refuse matter, or such other place as the board of health shall direct’ such re- moval 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 such board of healtl Secs, 1211, 1212, 1213 and 1214. See sec- ond schedule rear of book. Paving and draining yards and cel- lars; filling; sunken lots; drainage and mails. Sec. 1215. No order for the paving, filling, concreting, draining or regulating of any yards or cellars within the city shall be ; made except upon reasonable notice to the owner or agent thereof. 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 president of the borough svhere such drainage is so required. The board of health shall thereupon cause a map to be made, whereon shall be shown j 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 of health, and such map shall be filed in said department; a copy thereof shall be filed in the office of the registrar or county clerk of the county in which the lands are situated. The board of health shall cause another copy of said map, together with a copy of such order, to be delivered to the president of the borough where such drainage ts required, who shall, by such order be required to construct such drains, and the said president. 'With whom a copy of the said map and order shall be so filed, shall immediately thereafter have the power, and is hereby directed to make and adopt proper and suitable plans for the construction of such drains.— As amended by Laws of 1903, Chapter 510. Acquisition of rights in lands. Sec. 1216. It shall be the duty of such borough president, upon the receipt of such map and order, and immediately after he has made and adopted suitable plans for such drains, through the corporation coun- sel of said city, to take immediate and proper proceedings for the acquirement of ' a right of way over, under, or through the lands shown upon said map to be neces- sary for such drains, and it shall be the duty of such corporation counsel imme- diately to take such proceedings and con- duct them to a speedy determination. Id.; proceedings therein. Sec. 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 glv ing or publication of any notice shall for the purposes of this section, be reduced one-half, and the time for the sitting of the commissioners of estimate and assess- ment to hear objections to their report is, lor the purpose of this section, hereby made two days in the place of ten days, j Any maps, plans or surveys, that may be ! required for the use of the commissioners 1 of estimate and assessment to be appointed In such proceeding, shall be furnished by the borough president charged with the construction of the drains and shal! be prepared and made by surveyors tn the j regular employment of such borough | president; neither the expense of such i surveys, nor a.ny other expenses other than, the fees of ,he commissioners of esti- mate and asses,.ment, attending the pro- ceeding, and their necessary disburse- ments for clerical services in carrying out the provisions of. this section, which clerical expenses s'hall not exceed the sum of two hundred and fifty dollars, and also for advertising, printing or posting any notices required by law. and foi any other necessary incidenta' expense, a sum, not exceeding one hundred dollars, shall bo in- cluded in the assessment that may be made by such commissioner of estimate and assessment. The corporation counsel shall not be entitled to any compensation for services to be rendered by him In suen 1 proceeding other than his stated salary. The commissioners shall each be entitled to receive the following rates as compen- sation for their services in full: Where the drain to be constructed is five hun- dred feet or under in length, the sum of twenty-five dollars; where the drain ex- ceeds 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 sihall in no case exceed two hundred and fifty dollars. Id.; confirmation of report of com- minnioners, construction and taxa- tion. Sec. 1218. Upon the confirmation of the report of the commissioners of estimate and assessment by the court, the president of the borough within which such lands an- located shall have the power, and he u» hereby directed to immediately make a nr construct said drains. The necessary cos' of such drains, together with necessary ex penses of levying the assessment therefor shall be levied, assessed and collected, un- provided by section one hundred an« seventy-nine of this act. Mcasnres to prevent tlie spread ol disease. Sec. 1219. It shall be the duty of tht- 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 ail per- sons from going to any part of the city so inclosed. 2. To forbid ali communication with the house or family infected with any conta- gious, infectious or pestilential disease ex- cept 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 pesti- lential, infectious or contagious character and all other parts of the city, as shall bo prompt and effectual. Id.; proclamation. Sec. 1220. The board of health may lssua a proclamation declaring any place where there shall be reason to believe a pesti- lential, contagious or infectious disease actually exists, to be an infected place within the meaning of the health laws of this state. Such proclamation shall fix the period when it shall cease to have ef- fect; hut 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 ex- tension shall be published in one or more of the newspapers of this city. The hoard 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 oi regula- tions, 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 ol New York from such infected place shall he subject to a quarantine of at least thirtj days or until the period when such pro- clamation shall cease to have effect asi provided t>y the last preceding section, and! shall, together with their officers, crews, passengers, and cargoes, be subject to ali the provisions, regulations and penalties in relation to vessels subject to quar- antine. Vessels removed. Sec. 1221. The board of health shall also possess and may exercise the following powers: 1. 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 infectious or contagious disease may be brought into r 156 Eagle Library-THE CHARTER OF THE CITY OF NEW YORK said city, or communicated to the inhabi- tants thereof, to be removed to the dis- tance of at least three hundred yards away from any wharf, landing place or shore of said city, within six hours after a copy of such order, certified by the secretary of said department, shall be delivered to the person or persons having command of such vessel, or to the master, owner or consignee thereof; and every such person or persons, master, owner or consignee to whom such copy of such order shall be de- livered 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 disease to the inhabitants. Violation ot orders, pnnislinient for. Sec. 1222. Every person who shall vio- late, or neglect, or refuse to comply with any provision contained in any of the last three sections, or in the orders made by the board of health, in pursuance thereof, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be pun- ished by a fine not exceeding two hundred and fifty dollars, or imprisonment not ex- ceeding six months, or both; and all such fines when collected shall be paid to the comptroller. Any violation of the sani- tary 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 Uity of New York. Sec. 1223. See second schedule rear of book. Service of orders. Sec. 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 business, prop- erty, 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 inter- ested in or affected by its execution. It 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 sev- eral 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 or- der may relate, shall be of the same ef- fect 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 sub- ject matter to which such order relates. Vaccinations. Sec. 1225. For the purpose of more effec- tually preventing the spread of smallpox by the thorough and systematic vaccina- tion of all unvaccinated persons, and for the relief of persons suffering from diph- theria and other infectious diseases, re- siding 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 necessary officers, keep suitable rec- ®rds, collect and preserve pure vaccine lymph or virus, and produce diphtheria antltoxine and other antitoxines, and add to the sanitary code such additional pro- visions 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 gen- eral and gratuitous vaccination, disinfec- tion, and for the use of diphtheria anti- toxlne, and other antitoxines. and may (Word relief to and among the poor of said city a? in its opinion t’he protection of the public health may require. Sale of lymph and antitoxine. Sec. 1226. Whenever the amount of vac- cine lymph, or virus collected by the said corps, or of diphtheria antitoxine, and other antitoxines produced, shall exceed 'the amount required in the proper per- formance 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 rea- sonable rates, to be fixed by the board of health. The avails of such lymph or virus, and diphtheria antitoxine, and other anti- toxines. 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 requisi- tion of the board of health for the pur- poses named in the preceding section. Sec. 1227. See second schedule rear of book. Extension of proclamation period. Sec 1228. Whenever it shall appear to the board of health that any of the pro- visions of this title, limited in their oper- ations to a certain period of the year,, or designated periods of time, ought to be extended, the said board of health shall issue its proclamation extending such pro- visions to such a time as shall be deter- mined on, and such provisions shall there- upon be extended accordingly and with the like effect as if the periods mentioned in such proclamation, had been originally herein enacted. If it shall appear to the board of health while such proclamation is still inforce, that the necessityof extend- ing the period therein named has ceased, the board of health, by a new proclama- tion declaring that fact, may revoke the proclamation issued pursuant to this sec- tion, which shall then cease to have effect. Definitions. Sec. 1229. The word nuisance, as used in this act, shall be held to embrace pub- lic nuisance, as known at common law, or in equity jurisprudence; and it is fur- ther enacted that whatever is dangerous to human life or detrimental to health; whatever building or erection, or part or cellar thereof is over-crowded with occupants, or is not provided with ade- quate 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 nui- sances are hereby declared illegal; and each and all persons and corporations who created or contributed 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 cor- porations may enforce contributions or collect expenses, according to any legal or equitable relations existing between them; but nothing herein contained shall annul or defeat any common law liability or responsibility in respect of nuisances. Whenever the words “place, matter or thing,” or either two of said wmrds, 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 in- clude whatever is embraced in the enu- meration with which they are connected. TITLE 2. MARRIAGES, BIRTHS AND DEATHS. Persons anlcmnlilng marriages to keep a registry. See. 12-36. It shall be the duty of the cler- gymen, 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 con- dition of each; whether single or widowed. Births to be reported. Sec. 1237. It shall be the duty of the parents ot any child born in said city (and if there be no parent alive that has filed 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 file a report with the department of health, in writ- ing, stating 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, residence, birthplace and age of the parents, the occupation of the father and the maiden name of the mother. It shall also be the duty of phy- sicians 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, residence, birthplace and age of the parents, occupation of the father and maiden name of the mother, and file a report of the same within ten days with the said department of health. — As amended by Laws of 1905, Chapter 532. Deaths to bo reported. Sec. 1238. It shall he 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, to file report in writing, with the de- partment of health within five days after such death, stating the age, color, nativity, last occupation and cause of death of such deceased person, and the borough and street, the place of such person’s death and last residence. Physicians who have attended de- ceased persons in their last illness shall, in the certificate of the decease of such persons, specify, as near as the same can be ascertained, the name and surname, age, occupation, term of residence in said city, place of nativity, condition of life; whether single or married, widow or widower; color, last place of residence and the cause of death of such deceased persons, and the medical examiners of the city, shall in their certificates conform to the requirements of this section. — As amended by Chapter 284, Laws of 1915. Penalty for failnre to report mar- riages and births to department of health. Sec. 1239. For every omission of any person to make and keep Die registry of marriages and births required by the preceding sections, and for every omission to file a written copy of the same with said department of health, within ten days after any birth or marriage pro- vided to be registered, and for every omission to or failure, after the expiration of the said ten days, to comply with an order of the board of health requiring that any such report of a death, birth or marriage be filed with the de- partment of health, the person guilty of such omission s'-.ail be guilty of a misdemeanor; and in add.tion 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 fine or subject to ar- rest and imprisonment for not filing the re- port herein required, if such report has been filed by any other person, or if on excuse is presented to the commissioner of health for such omission which the said commissioner shall decide to be sufficient, In which event the said commissioner of health is hereby empowered to excuse the said omission. In any action hereunder such excuse shall be proved by the party claiming the benefit of the same.— As amended by Laws of 1916, Chap. 515. Record of births, marriages and deaths. Sec. 1240. The department of health shall keep a record of the births, marriages and deaths filed with it; the births shall be numbered and recorded In the order in which they are received by it; and the record of births shall state the place and 157 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK date of birth, the name, sex and color of the child, the names, residence, birthplace and age of the parents, occupation of father and maiden name of mother, as fully as they have been received, and the time when the record was made. The marriages shall be numbered and recorded in the order in which they are received by the department; and the record thereof shall state 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, residence, birthplace, number of mar- riage and condition of each; whether single or widowed, father’s name and mother's maiden name, and maiden name of the bride if a widow, and the time when the record was made. The deaths shall be likewise numbered and recorded; and the record thereof shall state, 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 and birthplace of the parents, disease, cause of death, color, and last place of residence of such deceased person, and the time w r hen the record was made. Said de- partment shall perform all the duties of this section imposed, as a part of its reg- ular duties, and no fees shall be demanded or received by reason thereof. — As amend- ed by Laws 1905, Chapter 532. Registration of births not previous- ly recorded. Sec. 1241. The births of the children of actual residents of the city of New York, which may have occurred during the tem- porary absence of the parents of such chil- dren from the city of New York, and the births of children which failed to be re- corded through the neglect of the physician or other medical attendants present at such birth, may be recorded in the bureau of rec- ords of the health department of said city, upon the application in such behalf by the parents or guardians of such children. Such application shall be made to the commissioner of health, and shall be accompanied by a certificate of the physician or midwife at- tending professionally at such birth, and per- sonally cognizant thereof, together with the affidavit of at least two citizens, certifying to their knowledge of the facts, and that this physician or midwife making such certificate of birth is a reputable person in good stand- ing in the coir munity in which he or she may reside. Where the physician or mid- wife, as the case may be. who attended pro- fessionally at any such birth is dead or can- not be found after due diligence, or where no physician or midwife attended profession- ally at such birth, the application to record such delayed birth certificate shall, in addi- tion to the affidavits above mentioned, be ac- I companied by a certificate signed by the father, mother or guardian upon a form pre- scribed by the said department of health. Where such physician or midwife is dead, the application must be accompanied by proof of death when such fact is known to the applicant, and, where such physician or midwife cannot be found after due diligence, ns aforesaid, the application must be ac- companied by the affidavit , or affidavits, set- ting forth in detail the efforts made to lo- cate such physician or midwife. No such birth shall be recorded without proof satis- ! factory to and upon the approval of the commissioner of health of all the facts and circumstances required to be stated in the application and papers mentioned herein. Such power to pass upon and approve such *ap- plcations may, however, be delegated by the eaid commissioner of health, in writing, to | the registrar of records of the department of health for such period and to such extent as shall be specified in such delegation. No change or alteration shall, at any time, be made in any of the records of the said bu- reau of records in said city, without proof satisfactory to and upon the approval of the said commissioner of health. The .said com- missioner of health may, however, delegate, in writing, such power to the registrar of records of the department of health for such period and to such extent as shall be speci- fied in such delegation. 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 the person relating to whom the record wus filed, ar said latter person’s duly authorized rep- resentative. Such transcripts shall be on such forms as the commissioner of health may prescribe, and for them the usual fees for copies of records may be received. No trans- cripts, however, of false or fraudulent re- turns made to the said bureau or of the entries thereof, shall be given; and shall be canceled upon due proof of the facts to the department of health. As amended by Law a ©f 1914, Chapter 161, TITLE 3. duties of physicians and OTHERS. Report of pestilential. infections and contagions diseases; deaths. Sec. 1247. It shall be the duty of each and every practicing physician 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 and in reference to such diseases as said department may prescribe, the, number of persons attacked with any pestilential, contagious or infec- tious disease attended by such physician for the twenty-four hours next preceding, stating the name of such patient, and tiie 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 ease. 2. To report, in writing, to the said de- pestilential, contagious or infectious dis- partment every patient he shall have la- boring under any such pestilential, con- tagious, or infectious disease, and within twenty-four hours after h s 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. Affidavit may be required. Sec. 1248. The department of health may require of any physician not less than three hours after service of a demand j thereof upon him, an affidavit, stating therein whether he has or has not any patient, who, in his opinion shall then be sick of such a pestilential, contagious 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 he, and the nature or name of such disease, to the best of his knowledge and belief. Penalty for failing to report. Sec. 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. Boarding; and lodging lionse keepers may be required to report. Sec. 1250. Every person keeping a board- ing or lodging house in the city, shall, whenever required by the department of health, report, in writing, to the depart- ment the name of every person who shall be sick in his house within twelve hours after each case of sickness shall have oc- curred. Masters, etc., of vessels to report. Sec. 1251. Every master, owner or con- signee of a vessel lying at a wharf or in the barbo- of The City of New York shall make a like report, and within the same period, of the name of every sick per- son on f ooard of such vessel; and no person shall be removed therefrom without a written permit for that purpose from the department of health. TITLE 4. LEGAL FROCEEHIfMPS AND PUNISH- MENT FOR DISOBEDIENCE OF ORDERS AND ORDINANCES. Order for examination before justice of supreme court. Sec. 1257. Any justice of the supreme court of the first or second department, or who Is holding court or chambers there- in, upon the written application of th* commissioner of health, may issu9 his or- der by him subscribed, for the examina- tion without unreasonable delay by or be- fore 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, provided it shall appear to the satisfaction of said justice or court that any matter or point affecting life or health is involved; 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 certified 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 ex- amination, 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 con- tempt, and enforce obedience to the said or other order or direction respecting the matter aforesaid (or that of any other judge) as any such justice of the supreme court may now have, or shall possess, to enforce obedience or punish contempt ia any case or matter whatever. Such appli- cation shall name or describe the person or persons whose examination is sought, and so far as possible the books or papers desired to be inspected, and the matters or points affecting life or health as to which the commissioner of health requests the examination to take place, and the justice shall on the proceedings, decide what questions are pertinent and aiiow- i able in respect thereto, and shall require ! the same to be properly answered; but no answer ot 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 injunction or of a subpena. And it shall be the duty of said justice to fa- cilitate the early determination of the aforesaid proceedings. Appearance and examination of 'V It- nesses. Sec. 1258. Upon the application of any party in interest in any matter pending ex- amination before said department of health, by affidavit, stating the grounds ot such application, to any judge of a court of record, and asking that any person or persons therein named shall appear be- fore said department of health, or any person taking or about to take such ex- amination, 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 per- son or persons named to appear and sub- mit to such examination as, and to the ex- tent, such order may state, at the time and place to he in said order named; and such order, signed by such judge, may be served, and shall in all respects be obeyed as a | subpena duly issued; and a refusal to sub- | mit 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. The health department ae party plaintiff and defendant. Sec. 1259. In all actions and proceedings heretofore commenced and now pending i against either of the cities of New York. Brooklyn or Long Island City or the town authorities and public officers in Kings, Richmond counties and the part of Queen# county, now to form a part of The City fit New York, or against the department of health, board of health, or sani- tary officers in any port of said territory, in which any action, order, | regulation, ordinance or proceeding ot \ any of the health departments, boards of ; health or sanR-ary officers thereof, la called 158 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK in question or made the subject of the action or proceeding, the department of health of The City of New York shall have the right to appear, answer and take part; and in all such actions and proceed- ings hereafter commenced the said health department shall be a necessary party, and have the right to appear and to take part therein. The said department may institute and maintain all suits and pro- ceedings which are reasonable, necessary and proper, to carry out the provisions of the laws under which the said depart- ment acts, and may sue and be sued by the proper name of the department of health of The City of New York. Injunctions when not to be granted against department. Sec. 1260. No preliminary injunction shall be granted against the department of health, or its officers, except by the supreme court, at a special term thereof after service of at least five days’ notice of a motion for such injunction, together with copies of the papers on which the mo- tion for such injunction is to be made. Whenever said department shall seek any provisional remedy, or shall prosecute any appeal, it shall not lie necessary before ob- taining or prosecuting the same to give any undertaking. Proceedings presumed legal. Sec. 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 ’•igbt of said department or the pol'ce department to make any order, or cause the execution thereof, shall be presumed. Violation of department orders, ac- tions for. Sec. 1262. Whoever shall violate anypro- visions 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 obs f ruet or interfere with any person in the execution of any order of said department, or any order of the police department in pursu- ance of execution of the orders of the de- partment of health, or willfully omit to obey any such order, shall be guilty of a misdemeanor, and be liable to be in- dicted and pun'shed for such offense; and incaseswhere it was made a misdemeanor to do or omit any act or thing, w'hen any power or authority hereby conferred uoon the board of health or department of health, was exercised by any other board of health, or officers, the omission or do- ing of such, or a corresponding act or thing, which this chapter requires, or con- templates 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 omis- sion or refusal of any individual, cor- poration, or body to conform to any regulation of said department duly made for the protection of life or the ca”e, pro- motion, or preservation of health, or the carrying out of the purposes of thischapter, pursuant to its power or authority, shall be a misdemeanor, and the person or officers guilty thereof shall be Table to indict- ment and punishment as tor a misde- meanor. All prosecutions and proceedings against any person for misdemeanor un- ■aer this chapter may be had or tried before any judge or tribunal having jurisdiction of any misdemeanot 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 re- ferred 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 mini- mum 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 re- covered in such case shall not he 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 pro- visions, of said penalty to be recovered, and shall direct such amount so fixed to be, and it shall be included in the judg- ment. Any such suits may be against one or more, or all of those who participate in the act, refusals, or omissions com- plained of, and the recovery may be against one or more of those joined in the action as the justice or 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 de- partment or by the police department un- der this chapter. All processes and papers usual or necessary in the commencement and prosecution of actions, or for the col- lection 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 marshals, and no fees shall be charged by any court, magistrate, clerk for me issue of any paper or process, or for the performance of any duty in suits under this chapter. Any civil action brought under or by authority of this chapter may be brought in any court in said city, having jurisdiction in any civil action to an amount as large as is de- manded 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 de- fendants 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 thr.il be less thanfiftydollars. tho 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 chat there was not reasonable cause for bringing the action, and ,n such case the costs shall not ex- ceed ten dollars, unless the amount claimed exceeded fifty dollars. No action shall abate, or right of action already ac- crue be abolished, by reason of the ex- piration, repeal or amendment of an or- dinance, code or sanitary ordinances, or regulation of said department; nor shall any court lose jurisdiction 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 men- tioned in this chapter, other than by virtue of ownership of such real estate. In respect to all proofs and proceedings by said department, or Us agents or officers, under this chapter, papers filed shall be deemed entered upon or in the minutes of the department. Arre«ts for violation of rnles. Sec. 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 viola- tion of resistance by any persons in said city, of an> law, or ordinance, the author- ity relating to which is given to said de- partment, or of any order made by said board or said department, may order, by warrant, under its .seal and attested bythe signature of its secretary, and indicating, as far as conveniently practicable, the time, place and nature of the offense com- mitted. the arrest of any such person, and such order of arrest shall be of the same effect and shall be executed as a warrant from a justice or judge, duly issued; and the party arrested shall be taken before a magistrate, and thereupon and thereafter shall, by all officers, be treated as being, and have the rights and liability of a party under arrest by order of the proper officer or tribunal, for a misdemeanor, of the nature indicated in said order of arrest. Id.; l>y member of police foree ojf ollieer of department of health. Sec. 1264. Any member of the po- lice force, and every inspector or of- ficer of said department of health, as the regulations of either of said de- partments 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 commit- ting in said city, any act or thing for- bidden by this chapter, or by any law, ordinance, or regulation 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 qf the police department pursuant there- to. And any person so arrested shall be thereafter treated and disposed of j as any other person duly arrested for [a misdemeanor; and the said inspec- tors and officers of the said depart- ment of health respectively are here- by declared to be peace officers and constituted such within the provisions of section one hundred and fifty-four of the code of criminal procedure, and are hereby authorized and empowered subject to the regulations of said de- partment as aforesaid, to proceed under the provisions of section eighty- two, subdivision h, and sections eigh- ty-three, eighty-four, eighty-five, eighty-six and eighty-seven of chap- ter six hundred and fifty-nine of the laws of nineteen hundred and ten in the same manner and with like force and effect as a police officer in respect to procuring, countersigning and serv- ing the summons referred tc therein. | As amended by Laws of 1913, Chap. 687.] Sec. 1265 repealed by Interior Criminal Court act. Laws 1910, Chapter 639. S<-« back of book. False returns and deceptive reports, liovr punished. Sec. 1266. If any person shall know- ingly make to, or file with, said depart- ment of health, of* any officer thereof, any false return, statement or report rela- tive to any birth, death or marriage, or other matter concerning which a report or return may be legally required of, or should be made by, such person; or if any member, inspector or officer, or any agent of sUd deportment of health shall krowingly make to sa ! d department of health any false or deceptive re- port or statement in connection with his duties, or shall accept or receive, or au- thorize or encourage, or knowingly allow any other person to accept or receive any bribe or other compensation as a condi- tion of or an inducement for not faith- fully discovering and fully reporting, or otherwise acting according to his duty in any respect, then any and every such per- son shall be deemed guilty of a misde- meanor, punishable by imprisonment of not more than one year or by a fine of not more than five hundred dollars and, if an officer or employee of the depart- ment, by the forfeiture of his office, rank or position, and shall be liable to be for such crime indicted, tried and punistod according to law, and shall, in addition, forfeit .11 compensation due or to grew dre from s?’d department. — As amended by Laws 1905, chapter 532. •raise personation as on officer of de- part men*, penalty. Sec. 1267. It shall be a misdemeanor, punishable by imprisonment In the peni- tentiary, 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 department of health, to falsely represent himself as such, with a fraudulent design upon persons or prop- erty, or to have, use, wear or display, without authority, any shield, or other £o in original. Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 159 Insignia or emblem such as Is worn by such officer. Doarilliig mill loilming: house keep- ers anil ninsiers of vessels. Sec. 1268. livery keeper of a boarding or lodging house, and every master, own- er, or consignee of a vessel who shall re- fuse or neglect to obey the orders and directions of the department of health, as provided by this act, shall be consid- ered guilty of a misdemeanor, and upon 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. Officers nml magistrates to act promptly. See. 1269. It shall be the duty of all prosecuting officers of criminal courts, and city magistrates to act promptly unon all complaints, and in all suits or pro- ceedings for any violation of this chapter, and in all proceedings approved or pro- moted by said department, and to bring the same to a speedy hearing or termina- tion and to render judgment and direct execution therein without delay. TITLE 5. REIMBURSEMENT FOR EXPENSES. Joint nml Severn! liability of own- ers, lessees nml ocenpniils of prop- erty mill minis'll men! of claims for expenses of execution of orders thereon. Sec. 1276. 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, ve- hicle, 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, build- ing or erection (herein, to keep, place and preserve the same and every part, and the sewerage, drainage, and ventila- tion thereof in such condition, and to con- duct the same in such manner that it shall not be dangerous or prejudicial to life or health, subject to the ordinances of the san’tarv code and the orders of the department cf health. On wlmt expenses to be a lien. Sec. 1276. The expenses attending the execution of any and all orders duly made by the department of health shall respect- ively be a several and joint personal charge against each of the owners or part owners and each of the lessees and occu- pants 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 regard to such business, place, street, property, matter or thing which said order re- quires, 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, premie-js, matter, or 'hing to which said order relates, and in re- spect of which said axpenses were in- curred, and also a lien on all condensa- tion due, or to grow due, for the ^leaning of any street, place, ground, or thing, or for the cleaning, or removal, of any mat- ter, 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. Suit for expense*. Sec. 1277. Said department of health, In case It has incurred any expense, or has rendered service for which payment Is due, and as the rules of said depart- meat of health may provide, may Insti- tute and maintain a suit against any one in this chapter declared liable for ex- penses, 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 department may elect; but the parties made responsi- ble as aforesaid for such expenses shall be liable to contribute or to make pay- ment as between themselves, in respect of such expenses, and of any sum recov- ered for such expenses or compensation, or by any party paid on account thereof, according to the legal or equitable obli- gation existing between them. Expense of executing orders to be a Hen, Sec. 1278. The said department shall have a lien for the expenses necessarily incurred in the execution 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, the work required by said order has been done, or expenses incurred, which lien shall have priority over all other liens and incum- brances, except taxes and assessments. But no such li«n shall be valid for any purpose till the said department shall have caused to be fllod in the office, or with the officer where such notices of mechanics’ liens are now or may be here- after 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 giving its date. Upon such filing the said officer shall make the same entry on the book or index in which mechanics’ liens are en- tered as he is required to enter in cases of mechanics’ liens, together with a ref- erence to said order by date; and there- after the same shall, except as herein elsewhere provided, have the same effect 'in all respects as a mechanic’s l’en; and all proceedings with reference lo said lien, its enforcements and discharge, shall be had and carried on in the same man- ner as similar proceedings with refer- ence to mechanics’ 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 six months after actual notice of such filing, proceedings are taken by the party against w'hom or whose said prop- erty a lien is claimed, to. discharge such lien, the filing shall, as to all persons having such actual notice, become conclu- sive evidence that the amount claimed in such statement, with interest, is due, and is a just lipu upon said land and building. Such lien shall continue to he 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 re- main 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 ex- tent, he a lien in the same manner, and from the same time as said statement. Statement of expense of executing orders. Sec. 1279. When the department of health shall, through its own officers, and men and means have executed, or so far executed as said department may require, any order, the expenses of such execu- tion. giving in general terms the items of such expense and the date of execution, shall be stated in an affidavit, and the same shall be filed among the records of said department with the order so exe- cuted: 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 lota es iwiildiass be- longing to different persons, said affidavit shall state what belongs to, or arose in respect to each lot of said several lots or buijdings, as said depart- ment of health or its authorized officer may direct; and said department may revise the correctness of such appor- tionment of expenses as truth and jus- tice may require. Whenever the expenses attending the execution of any order of said department of health may be made the subject of a suit by said department, there may be joined in the same suit a claim or claims for any penalty or pen- alties for violation of any provisions of this chapter, or for the violation or omis- sion 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 the proper joint or several judgment may be had 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 or any of them. And said expenses of exe- cuting said order, and the expenses of executing any judgment in any abatement suit in this chapter provided for, and the several judgments that may be recovered hereunder, or otherwise, for any such penalty or expenses, or both such pen- alty *or expenses together, until the same are paid or discha-ged, shall be a lien as other judgments, and also a lien and charge upon rent and compensation due or then maturing from any tenant or occu- pant of the biriding, lots, and premises, or the parts thereof to which any such qrder or judgment relates, or in respect of which any such expenses were incurred. And such expenses and judgments shall respectively be a lien on all compensa- tion due or to grow due from the clean- ing of any street, place, ground, or thing, or for the cleaning or removal of any mat- ter, tiling, 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 department, was the cause or occasion of any such charge or expense. For the purpose of rendering such lien and charge more effectual to se- cure payment of any such expenses or judgment, from any rent or compensation a:ore=aid, proceedings may be taken as follows: 1. The department of health 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 judg- ment, may serve a transcript of such judg- ment, and any affidavit showing the ex- pense of its execution if there be any, upon any person or corporation, owing, or who is about to owe any such compen- sation, or owing or about to owe any rent or compensation for the use or occupa- tion of any grounds, premises or build- ing or any part thereof, to which said or- der or judgment relates, and in respect of which 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 compensation to the extent of said claims for said expenses, or for any such judg- ment or expense in executing the same shall, when such rent or compensation be- comes due and payable, be paid to the department of health. 2. After the service of the papers afore- said and such demand, any tenant, les- see, 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 there- of, as the same may become due and pay- able, or so much thereof as is sufficient to satisfy any such judgment, or claim for expenses, or both, so served, to said de- partment 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 de- partment. 160 Eagle Library— THE CHARTER OF THE- CITY OF NEW YORK 3. Any person or corporation refusing or omitting, as herein directed, to make such payment to the department of health, after service of thi? paper and demand aforesaid, as herein required, shall be personally liable to said department of health for the amount that should have been paid to said department according to the provisions hereof, and may by such health department be sued therefor; and such persons shall not in such suit, dis- pute or call in question the authority of said department of health to incur, or or- der such expense or the validity or cor- rectness of such expenses of judgment in any particular, or the right of the said department to have the same paid from such rent or compensation. But the re- ceipt 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 en- titled to receive the sum so paid. And it is further expressly declared that no ten- ant or occupant of any lot, building or premises, shall be dispossessed or dis- turbed, 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 land- lord, owner, lessor, contractor, party, or other person, the sum so paid to said de- partment of health, or any part thereof. Department Vo retain moneys till twelve days after notice. Sec. 1280. The said department of health shall retain money so paid until twelve days after it shall be made to ap- pear to said department of health, or some proper officer thereof, by satisfac- tory affidavit, that the party or parties, or his or their agent for the collection of any such rent or compensation, who, but for the provisions 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 afore- said, so notified, have not instituted suit to recover said money, as herein- after provided, then it shall, by said department, be paid to the city cham- berlain. TITLE 6. ABATEMENT BY SUIT. Nuisance defined. Sec. 1287. A willful omission or refusal of any individual, corporation, or body, to forthwith abate any nuisance, as or- dered by a resolution of the board of health, duly served upon them, pursu- ant to the provisions of this act, or to conform to any ordinance of the sani- tary code or any sanitary regulation of said board, duly made for the protec- tion of life, or the care, promotion or preservation of health, pursuant to its power or authority shall be a misde- meanor, and the person or officers guilty thereof shall be liable to indict- ment and punishment as for a misde- meanor. In addition thereto every per- ' son, body or corporation that shall vio- late or n 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 pay- ment of such expenses; or if the board of health, or its counsel shall, in writ- ing, consent to the discharge of the last named lien, as to any or all prop- erty 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 dis- charged ; and such order and the mov- ing papers, shall be filed with the proper clerk, as the judge may direct. Appeals and stays. Sec. 1292. No appeal by any party defendant shall stay the execution 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 day’s notice to said department of health, specially order; and if no such order shall be made, the judgment shall be executed, notwithstanding any ap- peal, undertaking or security, and without any liability on tne part of any person by reason of any damages or consequences growing out of the execution of said judgment, whether the same be reversed or not. All ap- peals by the defendants from any judg- ment in the said abatement suits shall be taken within thirty days after notice, in writing, to the defendant or his attorney, of the entry of the judg- ment therein, and the judge who tries the case may, in his discretion, order a stay as to the execution of the judg- ment, but only for the period of the said thirty days, and within said period of thirty days an undertaking or se- curity on appeal must be filed, of the form and obligation required in or- dinary appeals from judgments, but also to be conditioned for the pay- ment of the appellant’s adjudged share of the expenses of executing such judg- ment, or if not estimated in said judg- ment, as the judge, on application and three days’ notice to said department, shall estimate the same, in conformity with the judgment, for the purpose of such security on appeal. But the ex- ecution of any judgment against the defendants shall not be delayed beyond thirty days, if within that period the proper undertaking or security on ap- peal, 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 judgment; hut the board of health may appeal in any such case, or any case to which the health de- partment is a party within thirty days after the entry of any judgment, and without giving any security; such ap- peal shall be effectual and shall oper- ate as a stay on the part of the judg- ment in respect to which said depart- ment appeals. Claims for penalty may be joined in abatement salts. Section. 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 connection with, the nuisance com- plained of, or by reason of any omis- sion 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 judgment therefor against one or more of the defendants. Jndamont of appellate division) what to contain. See, 1294. The judgment of the ap- pellate division. U It shall, to any e*» Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 161 i tent, direct any change in the judg- ment appealed from, put shall direct, or allow or fail to forbid the judgment in part to be executed, shall also con- tain the requisite specific provisions, so that the judgment, as modified, may be executed, and the due proportion of the expenses of such execution may be assessed on the defendants, respec- tively, or on said department, as the appellate division may adjudge. There may be an appeal from the appellate division to the court of appeals, in such abatement suit, and therein the pro- vision hereof as to appeals from the judgment to the appellate division, and as to the security on appeal, shall in all particulars, 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 of the department of health, and no change in the code of civil procedure, or otherwise, hereafter to be made, though in subject matter applicable to said abatement suits, shall be con- strued to modify the aforesaid or other provisions of the health laws as to any suits thereunder, unless such act shail specificially declare such modification to be intended. Statement of expense of execution. Sec. 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 in- terest to demand only execution in part thereof, a statement of the expenses of such execution shall be made, and such expenses shall be therein apportioned not contrary to any provisions of said judgment; and upon the same thing verified by the oath of some officer of said department, such statement, en- titled 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 some one of the joint defendants; and unless within ten days after any such notice, in writ- ing, to said department, of a motion, and serve therewith copies of affidavits to correct such statement in particulars to be mentioned, and separately and clearly stated in such affidavit, such statement aforesaid 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. And on any hear- ing of such motion said department may read affidavits in support of such orig- inal statement; and the finding of any judge on the hearing of such motion, as the said statement of such expenses and other matters in such motion involved, or statement contained, shall be final and conclusive, and not subject to appeal: and such finding or statement as modi- fied by such finding when filed, shall be of the same effect as such original state- ment would have been had. no motion in regard thereto been made, and for the purpose of an execution for such expense, and creating a lien under any judgment, such statements and finding or modified statement shall be regarded as a part of said judgment, and the lien thereof shall extend to any amounts stated in such final statement and finding In so fa>-*as any judgment may be directed to be ex- ecuted at the expense of said depart- ment of health, or by any party defen- dant at his own expense, and shall by such party defendant be so executed, the expense of such ex- ecution shall not be stated or em- braced In the aforesaid statement or find- ing of expenses; but if any part of the | execution aforesaid, which any party ‘ should have borne or paid, shall, by rea- son of the delay, refusal or defective act 1 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 I latter expenses of said department may be embraced in said statement and find- ing, and collected by execution as afore- said. Execution thereupon. Sec, 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 shall have execution, on application ex parte, to a judge of the court in which the judgment was recovered, and such ex- ecution 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 de- fendants, which the party claiming such execution is entitled to receive; and such execution, except as herein specially pro- vided, shall be of the same effect and form as any execution duly issued pur- suant to any judgment. But no execu- tion 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 abate- ment suit for penalties, costs, or for other cause than the expense of the abatement or remedying of such nuis- ance. may be collected by separate or other executions, other than those au- thorized for collecting such expenses, to be issued in due course of law. Injunction may he granted In abate- ment suits; requisites. Sec. 1297. In any abatement suit afore- said the court or a judge thereof, may Issue and enforce an appropriate prelim- inary injunction, whenever it shall be asked for by the board of health, and there shall appear to such judge to be reason- able 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, con- duct, or business aforesaid or its contin- uance, or to prevent any serious danger to human life or serious detriment to health, or great public inconvenience, touching any matter or thing to which this chapter or the health laws afore- said relate. And in any such injunction order the court may require any build- ing, 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 col- lected 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 oc- cupants, or either or any of them, of any such building, erection, or grounds, to pay rent thereof, or compensation therefor, due or to grow due to the health depart- ment, and said department to collect and receive and apply said rent to the pay- ment of the expenses of putting any said building, erection, or ground in a condi- tion that will not be dangerous to the life or detrimental to the health of any present or future tenant, lessee or occu- pant, 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 pay- ment to said department, and the receipt of its treasurer for such rent or compen- sation, 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 rights undei 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 com- pensation, who had, but for such order or judgment, the right and authority to re- ceive the same. But no undertaking or security shall bo requirod or necessary on the part of said department as a con- dition of granting such injunction, or the same being effectual; and in any final judgment in such suit there may be en- joined whatever, if about to happen or threatened, would be the proper subject matter of a preliminary injunction. And when the public interest seems to the court to require a speedy trial or hearing of any such suit or appeal therein, it shall be the duty of any judge of any court aforesaid, or of the court to whom application by said board may be proper- ly made, to cause such suit or appeal to be advanced and brought to a speedy trial, and before it would otherwise be reached by trial or argument in due course on the calendar, as the judge or court may by special order direct. Expenses of department of health to be paid ont of its funds. Sec. 1298. Whatever expenses said de- partment of health may lawfully and properly incur in the execution of any judgment aforesaid, or in executing or in connection with its own orders, made in good faith, or in and about the dis- charge in good faith of its supposed duties, or in satisfying any liability or judgment it may have in good faith in- curred or sustained 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 funds or other moneys appropriated to such purpose or to its use. Infected and uninhabitable house* to be condemned by board of health. Sec. 1299. Whenever it shall be certi- fied to the board of health of The City of New York by the sanitary superin- tendent or an assistant sanitary superin- tendent that any building or any part thereof in The City of New York is in- fected with contagious disease, or by reason of want of repair has become dan- gerous to life or is unfit for human habi- tation because of defects in drainage, plumbing, ventilation, or the construc- tion of the same, or because of the ex- istence of a nuisance on the premises which is likely to cause sickness among its occupants, the said board of health may issue an order requiring all persons therein to vacate such building or part thereof for the reasons to be stated there- in as aforesaid. Said board shall cause said order to be affixed conspicuously in the building or part thereof and to be personally served on the owner, lessee, agent, occupant, or any person having the charge or care thereof; if the owner, lessee or agent can not be found in The City of New York or does not reside therein, or evades or resists service, then said order may be served by de- positing a copy thereof in the post office in The City of New York, properly en- closed and addressed to such owner, lessee or 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 aforesaid, or within suclj 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. Proceedings for condemnation pre- ncribed. Sec. 1300, 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 lias been made by said board is, by reason of age. defects in drainage, plumb- ing, infection with contagious disease, or ventilation, or because of the existence of a nuisance on the premises, which is like- ly to cause sickness among Its occupants, or among the occupants of other property r 162 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 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 un- fit for human habitation, or dangerous or injurious to health, or because it prevents proper measures from being carried into effect for remedying any nuisance injuri- ous to health, or because of other sanitary evils in respect of such other buildings, bo unfit for human habitation that the evils in, or caused by said building, can not be remedied by repairs, or in any other way except by the destruction of said building, or of a portion of the same, said board of health may, if it deem such course just and proper, condemn the same and order it removed; provided, however, that the owner or owners of said building may demand a survey of said building in the manner provided for in case of unsafe buildings, and may institute proceedings in the supreme court in The City of New York for the condemnation of said build- ing. Said proceeding shall be instituted through a petition addressed to said court containing a brief statement of the rea- sons 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 own- er of said building or any person interest- ed therein may in his answer dispute the necessity of the destruction of said build- ing 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: 1. That the rental of the building was enhanced by reason of the same being used tor illegal purposes, or being so overcrowded as to be dangerous or injuri- ous to the health of the inmates; or 2. That the building is in a state of defective sanitation, or is not in reason- ably good repair; or 3. That the building is unfit, and not reasonably capable of being made fit, for human habitation, and, if the commission- ers are satisfied 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 circumstances of the case, fitted to accommodate with- out 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 proceedings, the comptroller shall Issue and sell from time to time as may be necessary and in the manner hereinbefore provided, corporate stock of The City of New York. '' TITLE 7. LODGING-HOUSES. Construction generally. Sec. 1304. Every house, building, or portion thereof, in The City of New York, used, occupied, leased or rented for a lodging-house must conform in its con- struction, appurtenances and premises to the requirements of this title: and its use and occupation shall be regulated subject to the ordinances of the sanitary code, applicable thereto, and the orders ef the board of health duly made, pur- suant to its authority, duty and powers conferred and enjoined upon it in this •hapter, Definitions. Sec. 1305. 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. Roofs an«l stairs and fire-escapes. Sec. 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-es- cape, or means of escape in case of fire, to be approved by the bureau of build- ings. Sleeping-rooms; ventilation. Sec. 1307. Every house, building or por- tion thereof in the city designed to be used, occupied, leased or rented, or which is used, occupied, leased or rented for a 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 ventilating or transom window, having an opening or area of three square feet, over the door leading into, and connected with the ad- joining 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 in the roof, at the top of the hall, an adequate and proper ventilator, of a form approved by the bureau of buildings. Water-closets, privies and sinks. Sec. 1308. Every lodging house shall be provided with as many good and suffi- cient 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 and 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 fixtures, nec- essary to insure the efficient operation, cleansing and flushing thereof. Every lodging house situated upon a lot on a street or avenue in which there is a sew- er, shall have a separate and proper connection with the sewer; and the wa- ter-closets, sinks and other receptacles shall be properly connected with the sew- er 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 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 bureau of buildings of The City of New York. Every owner, lessee and occupant shall take adequate measures to prevent improper substances from entering 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 prevent any exhalations therefrom, offensive, dangerous and prejudicial to life or health, and so as to prevent the same from being or be- coming obstructed. No privy, vault of cess-pool shall be allowed in, under of 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 bureau of buildings may direct. It shall in all cases be water-tight and arched or securely covered over and no offensive smell or gases shall be allowed to escape there- from or from any closet, sink or privy. In all cases where a sewer exists in the street or avenue, upon which the house or building stands, the yard or area shall be connected with the sewer, so that all water from the roof or otherwise and all liquid filth shall pass freely into the sewer. Where there is no sewer in the street or avenue, or adjacent there- to, 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 be- neath the sidewalk, which passage shall be covered by a permanent cover, so ar- ranged as to permit access to remova obstructions or impurities. Cellars ami basements not to be oo« capieil for living purposes, except in certain cases. Sec. 1309. It shall not be lawful, with- out a permit from the bureau of buildings, to construct, during the erection of a lodging-house, nor after the completion of such 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 permit from the department of health to let, occupy, or suffer to be occupied separately as a dwelling, any vault, cellar, or under- ground room, built or rebuilt after July first, eighteen hundred and sixty-seven, or which shall have not been so let or occu- pied before said date. Cellars and vaults not to be used for sleeping-rooms. Sec. 1310. No vault, cellar, or under- ground room shall be occupied as a place of lodging or sleeping, except the same shall be approved, in writing, and a per- mit given therefor by the board of health. No wall paper shall be placed upon a wall or ceiling of any lodging-house, unless all wall paper shall be first removed there- fiom, and said wall and ceiling thorough- ly cleansed. Every lodging-house, and every part thereof, shall be kept clean and free from any accumulations of dirt, filth, garbage or other matter in or on the same, or in the yard, court, passage, area or alley connected with it, or be- longing to the same. The owner or keep- er of any lodging-house, shall thoroughly cleanse all the rooms, passages, stairs, floors, windows, doors, walls, ceilings, privies, cesspools 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, so often as he shall be required by or in accordance with any order of the board of health and any regulation or ordinance of said depart- ment, and shall well and sufficiently, to the satisfaction of the said health depart- ment, whitewash the walls and ceilings thereof once at least In every year. Certain occupations and business prohibited. Sec. 1311. Every lodging-house shall have the proper and suitable conveniences or -eceptacles for receiving garbage and other refuse matters. No 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 detrimen- tal to health; nor shall any horse, cow, calf, swine, pig, sheep or goat be kent in said house or on the premises thereof. Owners' nnmes to be registered in department of health. Sec. 1312. Every owner of a lodging- house and every person having control of Eagle Library — THE CHARTER OF THE CITY OF NEW YORK 163 1 a lodging-house, shall file in the depart- ment of health, a notice containing his name and address, and also a description of the property, by street number or otherwise, as the case may be, in such manner as will enable the department of health easily to find the same. In case of a transfer of any lodging-house, it shall be the duty of the grantor and grantee of said lodging-house to file in the department of health a notice of such transfer, stating the name of the new owner, within thirty days after such transfer. In case of the devolution of said property by will, it shall be the duty of the executors and of the devisee. If more than twenty-one years of age, and in case of the devolution of such prop- erty 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 administrator of the deceased owner of said property to file in said department a notice, stating the death of the de- ceased owner, and the names of those who have succeeded 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 property, 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 lodging-house may file his name and address in the de- partment of health. All notices and or- ders of the department of health re- quired by law to be served in relation to a lodging-house, shall be served by posting in some conspicuous place in the house a copy of the notice or order, five days before the time for 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 to cause a copy of every such no- tice or order to be mailed, on the same day that it is posted in the house, ad- dressed to the name and address of each person who has filed with the department of health the notice provided for in this section. Inspection twice a year; officers to have access. Sec. 1313. It shall be the duty of the board of health to cause a careful in- spection to be made of every lodging- house at least twice in each year. And whenever the board of health has made any order concerning a 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 owner, agent of the owner, lessee or oc- cupant of any tenement house, and every other person having the care and manage- ment 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 tene- ment 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 there- upon 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 blan- kets, bedding and bedclothes used by any such sick persons to be thoroughly cleansed, scoured and fumigated, or, in extreme cases, to be destroyed. Hoases hereafter erected to comply with additional requirements. Sec. 1314. No house hereafter erected shall be used as a lodging-house, and no house heretofore erected and not now used for such purposes, shall be converted into, used, or leased for a lodging-house, unless, in addition to the requirements hereinbefore contained, it conforms to requirements contained in the following sections of this title: Construction of lodging-lionses and spaces prescribed for building; the same. Sec. 1315. It shall not be lawful, with- out a permit from the bureau of build- ings, to alter, erect or convert to the purposes of a lodging house, a building on any lot where there is another build- ing on the same lot; nor shall it be law- ful to build or to erect any building on any lot whereon there is already a lodg- ing 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 shall not be less than twenty feet; if they are more than three stories high, the dis- tance between them shall not be less than twenty-five feet, but when thorough ventilation of such open spaces can be otherwise secured, such distances may be lessened or modified in special cases by a permit from the bureau of bidd- ings. At the rear of every building hereafter erected for or converted to fhe purposes of a lodging house on any lot, there shall be and remain a clear space of not less than ten feet between it and the rear end of the lot. No one continuous build- ing hereafter constructed shall be built or converted to the purposes of a lodg- ing house in The City of New York, upon an ordinary city lot, and no existing lodg- 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 lodging house are, in the opinion of the superin- tendent ot buildings, materially im- proved, 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 hereafter 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 tor corner and in- terior 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 con- structed in a lodging house, except eleva- tor shafts or staircase wells, shall be covered with a roof, skylight or other- wise. The light and ventilation of all buildings hereafter erected for, or con- verted to the purpose of lodging houses, must be provided in accordance with the requirements of this title, and the condi- tions of a plan and permit previously ap- proved in writing by the bureau of build- ings, and no existing lodging house shall be enlarged or altered or It? lot dimin- ished without a similar permit. The bureau of buildings is hereby empowered and directed to make rules and regula- tions not inconsistent with the require- ments of this title, and which, in addi- tion to the requirements of this title, shall be the conditions of ap- proval of the plans and permits; the rules and regulations shall gov- ern the arrangement and distribution of the uncovered area, size, lighting, lo- cation and arrangement of shafts, rooms, cellars and halls. In case of any viola- tion of the provisions of this section, or of any failure to comply with, or of any violation of the terms and conditions of the plan for such lodging house approved by the bureau of buildings, or of the con- ditions of the permits granted as herein- before provided, or for the air, light and ventilation of the said house, or premises, any court of record, c~ any judge or jus- tice 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 violation or non-compliance as aforesaid, or that a plan for light and ventilation of such house has not been approved by the bureau of buildings, to restrain by injunc- tion order, in any action by the bureau of buildings, or by the board of health, the further progress of any violation as aforesaid. No undertaking shall be re- quired as a condition of granting an In- junction, or by reason thereof. Dimensions and ventilation of rooms. Sec. 1316. In every such house here- after erected or converted every habit- able room, except rooms in the attic, shall be in every part not less than eight feet in height from the floor to the ceil- ing; 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 room. Every such room shall have at least one win- dow connecting with the external air, or over the door a ventilator of perfect struction, connecting it with a room or hall which has a connection with the ex- ternal air, and so arranged as to produce a cross-current of air. The total area of window or windows in every room com- municating with the external air shall ba 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 ven- tilation, by a separate air shaft extending i to the roof, or otherwise, as the board of ] health may prescribe. Penalties for violations of pro- : visions. Sec. 1317. 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 imprisonment, 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 recov- ered shall be paid over to the chamber- lain. In every proceeding for a violation of this title, and in every such actiori 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 porson who is the lessee of the whole house In preference to th« " 164 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK ] 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 de- fendant or defendants. No part of chap- ter two hundred 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 liabil- ity to pay said penalty shall arise from a violation of the laws, or ordinances or sections of the sanitary code, in regard to light, ventilation, plumbing and drain- age, so far as the same affects the sani- tary condition of the premises; and ex- cept that the bureau of buildings shall have jurisdiction and cognizance over all matters and things in this title contained which relate to the construction or altera- tion of buildings or structures, or any part thereof, and as to light, ventilation, drainage and plumbing of such buildings when in process of construction or altera- tion. Any penalty herein above mentioned for a violation of the provisions of this title, in respect to the matter aforesaid, within the jurisdiction and cognizance of the bureau of buildings, shall be sued for and recovered 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 bureau of buildings, and said penalty so collected shall be paid to the chamberlain of The City of New York to be applied as other penalties col- lected by said department are applied. Power of bureau of linililings anpoint marshals; term of office. Sec. 1425. On or before the twentieth day of January, eighteen hundred and ninety-eight, the mayor of The City of New York shall appoint ten marshals in the manner provided in the next section, who shall hold their respective offices for six years; and there shall be appointed in like manner every sixth year thereafter* the same number of marshals for the like terms. Any person appointed after the commencement of the term, as herein prescribed, shall hold only until the ex- piration of the term and until a successor is duly appointed and has qualified. Id.; mnrslinls for flic lioroneha of Queens and Richmond. Sec. 1426. Six of said marshals so to be appointed shall be residents of the bor- ough 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 pro- vided by law. Successors to present marshals of New York city. Sec. 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 ap- point their successors for terms of six years respectively. Sec. 1428. Repealed. Laws 1902, Chap- ter 580. Sec. 1429. Repealed. Laws 1902, Chap- ter 580. Relative to persons pretending; to be city marshals. (See Code of Ordinances Library.) Sec. 1430. No person, not a marshal of The City of New York, shall hold himself out to the public as being a marshal or as being in any way authorized to act as a marshal or to perform the duties of a marshal; and no person, not a marshal, shall exhibit any sign with the words “marshal’s bureau” thereon or any other words or terms whereby the public may be led to believe that he is a city marshal or authorized to act as such, or that his office is the office of a city marshal. No city marshal shall knowingly permit any person not a city marshal to perform any act in his name, or to sign or use his name in the performance of any act which can only be performed by a city marshal in person. Any person violating any of the provisions of this section shall be guilty of a misdemeanor, punishab'e by imprisonment for a term not exceeding one month, or by a fine not exceeding two hundred dollars for each offense. — Addvii by Laws 1904, Chapter 369. CHAPTER XXI. (Chapter xxi, amended and added to by Chap. 696, Laws of 1915 — Sections 14S1 to 1425, incl.) Title 1. General provisions ap- plicable to all proceedings instituted under this chapter. 2. Provisions relating to procedure for ascertainment of compensation by the court without a jury; application tc the court to condemn. 3. Provisions relating to procedure for ascertainment of compensation by commissioners to be appointed by the court. TITLE I. GENERAL PROVISIONS APPLI- CABLE TO ALL PROCEEDINGS INS TIT l' T E P UNDER THIS CHAPTER. Definitions. Sec. 1431. When used in this chap- ter of the Greater New York charter, unless otherwise expressly slated or unless the context or subject-matter otherwise requires: 1. “The court,” “the supreme court,” means a special term of the supreme court, held in a county within the city of New York and within the judicial districts in whdeh the "•eal property or some part thereof iy situ- ated; 2. “Pays” means calendar days, exclusive of Sundays and full legai holidays; 3. “Owner” means a person having an estate, interest or easement in the real property to be acquired, or a lien, charge or encumbrance on the real property to be acquired; 4. “Real property” includes all lands and improvements, lands under water, waterfront property, the water* 172 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK of any lake, pond or stream, all ease- ments and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal or equitable, in lands or water, and right, interest, privilege, easement and franchise relating to the same, including terms for years and liens by way of judgment, mortgage or otherwise; Procedure for Acquirement of Real Property. Sec. 1432. Whenever the city of New York or any of the departments, including the department of education boards or officers of the said city gov- ernment shall be authorized by law to acquire title to real property for any public use or purpose by condemna- tion, the proceeding for that purpose shall be taken and conducted in the manner prescribed in this chapter of the Greater New York charter, ex- cept as provided in section fourteen hundred and fifty-three of this act. When any such real property shall have been selected and the said de- partment, board or officer has deter- mined to take proceedings for the ac- quisition of the same, said depart- ment, board or officer shall cause two similar surveys, maps or plans thereor to be prepared, one of which snail he filed in the office of the said depart- ment, board or officer, and the other of which shall be filed in the office in which instruments affecting real prop- erty are required to be recorded in the county in which such real prop- erty is situated, and it shall be lawful for the duly authorized agents of the said department, board or officer and all persons acting under his or its au- thority and by his or its direction, to enter in the daytime into and upon any such real property which it shall be necessary to enter into and upon, for the purpose of making sucfi surveys, maps or plans, or for the purpose of making such soundings or borings as the said department, board or officer may deem necessary. Board of Estimate and Apportion- ment to Approve Selection and De- termine Method of Acquisition. Sec. 1433. It shall be the duty of the department, board or officer which has selected such real property, to submit the matter to the board of es- timate and apportionment, and no further proceedings shall be taken until the acquisition of said real prop- erty is approved and authorized by a majority vote of all the members of the said board of estimate and appor- tionment, at a meeting of said board duly called and held. In„all proceed- ings authorized by the board of esti- mate and apportionment prior to the first day of January, nineteen hun- dred and seventeen, the said board is authorized to determine whether the compensation to be made to the own- ers of real property to be acquired shall be ascertained by the supreme court without a jury, or by three com- missioners of estimate and appraisal to be appointed by the said court. In proceedings in which the board of es- timate and apportionment shall de- termine that the compensation to be fnade to the owners of the real prop- erty to be acquired shall be ascer- tained by the supreme court without a jury, the city of New York is author- ized to make application, or to cause application to be made, to the said court* in the first judicial district, when the real property to be taken is situated in the county of New York or the Bronx, and in the second judi- cial district, when the real property to be taken is situated in the county of Kings, or Queens, or Richmond, to have the compensation which should Justly be made to the respective own- ers of the real property proposed to be taken, ascertained and determined by the said court without a jury. In pro- ceedings in which the board of esti- mate and apportionment shall deter- mine that the compensation which should justly be made to the owners of the real proporety proposed to be taken, shall be ascertained by three commissioners of estimate and ap- praisal to be appointed by the said court, the city of New York is author- ized to make application, or to cause application to be made, to the said court, in the first judicial district, when the real property to be taken is situated in the county of New York or the Bronx, and in the second judi- cial district, when the real property to l^e taken is situated in the county of Kings, or Queens, or Richmond, for the appointment of three commission- ers of estimate and appraisal to ascer- tain and determine the compensation or recompense to be made to the own- ers of the real property proposed to be taken. On and after the first day of January, nineteen hundred and seventeen, the compensation to which the owners of real property to be ac- quired shall be entitled, shall be ascer- tained and determined by the supreme court, without a jury, in the manner and according to the procedure pre- scribed by this chapter of the Greater New York charter, and on and after said date, the city of New York is au- thorized to make application to the court, or to cause application to be made as provided in this section, to have the compensation which should justly be made to the respective own- ers of the real property proposed to be taken, ascertained and determined by the said court, without a jury. Upon any such authorization, it shall be the duty of the corporation counsel to file in the office of the clerk of the county where said real property or any part thereof is situated, a notice of the pendency of proceedings for the acquisition of said real property. The said notice shall briefly state the object of the proceedings and shall contain a description by metes and bounds of the real property affected thereby. It shall also state the names of such of the owners of said real property as may be known to the cor- poration counsel, and in case any of the owners are unknown, a statement to that effect shall be made in such notice. Such notice, from the time of filing, shall be constructive notice to a purchaser or encumbrancer of the real property affected thereby from or against any person interested as owner with respect to whom the notice is di- rected to be indexed. Board of Estimate and Apportionment May Agree With Owner for Pur- chase. Sec. 1434. Said board of estimate and apportionment shall have power and is hereby authorized to agree as to the purchase price of any real prop- erty selected as aforesaid or any part thereof and to purchase the same for and on behalf of said city of New York. In any proceeding heretofore or hereafter instituted pursuant to any of the provisions of this statute, to wit r the Greater New York charter, or pur suant to the provisions of any other statute providing for the acquisition of title to real property by the city of New York, in which title thereto shall Whve become vested in the said city of New York prior to the entry of the final decree of the court or the entry of the order confirming the report of the commissioners as the case may be in the proceeding, the board of estimate and apportion- ment shall have power and is hereby authorized o purchase or to approve the purchase on behalf of said city of New York from the individuals or cor- porations who were the owners of 6aid real property at the elate of the vest- ing of title thereto *n said city, or their successors in interest or legal repre- sentatives, their right and title to the award or awards, or any part thereof, to be made in said proceeding and to take an assignment therof to said city of New York. If such owner or owners or their successors in interest or legal representatives shall have transferred or assigned such claim, such transfer or assignment made by the said owner or owners or by their successors in interest or legal repre- sentatives, shall not become binding upon the city of New York unless the instrument or instruments evidencing such transfer or assignment shall have been executed and filed in the office of the comptroller of the city of New York, as in this chapter provided, prior to the completion of such pur- chase by said city of New York. Title May Be Vested by Resolution of Board of Estimate and Apportion- ment. Sec. 1435. Should the board of es- timate and apportionment by a reso- lution adopted by a three-fourths vote deem it for the public interest that the title to the real property or any part thereof required for any public improvement or for any public pur- pose and acquired hereunder, should be acquired by the city of New York at a fixed or specified time, the said board of estimate and apportionment may direct that upon the date of the entry of the order granting the appli- cation to condemn or upon the date of the filing of the oaths of the commis- sioners of estimate and appraisal, as the case may be, as provided for in this chapter of the Greater New York charter, or upon a specified date after either, the title to any piece or parcel of real property to be acquired for any such improvement shall vest in the city of New York. Upon the date of the filing of such oaths or upon the date of the entry of the order grant- ing the application to condemn, as the case may be, or upon such sub- sequent date as may be specified by said board, the city of New York shall become and be seized in fee of or of an easement in, over, upon or under the said real property described in the said resolution, as the board of esti- mate and apportionment may deter- mine, the same to be held, appro- priated, converted and used to and for the puropses of which the said pro- ceeding is instituted. In such cases interest at the legal rate upon the sum or sums to which the owners of said real property 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, shall be paid as hereinafter set forth. In all other cases, title as aforesaid, shall vest in the city of New York upon the filing of the final decree of the court or upon the entry of the order confirming the report of the commissioners of estimate and ap- praisal, as the case may be, and the reversal on appeal of the final de- cree of the court or of the order of con- firmation, as the case may be, shall not divest the city of title tc the real property affected by the appeal. And upon the vesting of said title the said city, acting by and through the said department, board, body or officer, which upon the acquisition of the title to said, real property will have juris- diction thereof, shall immediately take possession of said, real property with- out suit or other judicial proceedings. Corporation Counsel tc Represent In- terests of City Before the Court or Commissioners; Comptroller to Fur- nish Clerks and Officers, Sec, 143C. The corporation counsel ehali, either In person or by such coun- sel as he shall designate for the pur» pose, appear and protect the ln*> Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 173 H i terests of the city in all such proceed- ings in court and before the commis- sioners of estimate and appraisal. It shall be the duty cf the comptroller of the city of New York to furnish the court or the commissioners of es- timate and appraisal, as the case may be, such necessary clerks and other employees, and to provide such suit- able offices as they may require to en- able them to fully and satisfactory dis- charge the duties imposed upon them. Contracts of Landlord and Tenant and Other Contracting Parties; How Affected. Sec. 1437. In all cases where the whole of any lot or parcel of real prop- erty under lease or other contract shall be taken by virtue of any pro- ceeding under this chapter of the Greater New York charter, all the covenants, contracts and engagements between landlord and tenant or 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 Efcll cases where part only of any lot or parcel of real property so under lease or other contract shall be so taken, all contracts and engage- ments respecting the same shall, upon such vesting of title cease, determine and be absolutely discharged as to the part thereof so taken, but shall re- main valid and obligatory as to the resdue thereof. All tenants in posses- sion of said premises at the time of vesting of title thereto in the city shall become tenants at will of said city unless within ten days after the vest- ing of title they shall elect fo vacate and give up their respective holdings. Payment of Awards and Expenses; Instruments Assigning or Pledging Aw’ards to Be Filed ill the Office of the Comptroller. Sec. 1438. The awards made in a proceeding brought under this chapter of the Greater New York charter and the fees of commissioners, the compen- sation of clerks, assistants and coun- sel employed by the corporation coun- sel in the proceeding, and all other reasonable expenses incurred by said corporation counsel in the conduct of said proceeding, shall be paid cut of the fund authorized by the act, ordi- nance or resolution authorizing the ac- quisition of the real pronerty. The city of New York shall, within two calendar months after the date of the tiling of the final decree of the court or the entry of the order confirming the report of the commissioners, as the case may be, pay to the parties entitled thereto, the respective sum or sums so determined in their favor respectively with lawful interest from the date of the filing of said final decree or the entry of the order confirming the re- port of the commissioners, as the case may be, or if title to said real property shall have vested in the c ty pursuant to a resolution adopted by the board of estimate and apportion- ment, from the date of said vesting; and in default thereof, said persons or parties respectively may at any time or times after application first made by him 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. Upon any application to said comptroller the applicant may state that any outsaonding taxes, as- sessments or other liens may be de- ducted from the amount otherwise payable to him or them, and in that event, the fact that there are out- standing taxes, assessments or other liens shall not impair or invalidate such application nor operate as a bar to the collection of interest upon the amount award'- 1 the amount of such outstanding taxes, assessments or other liens. Such fees and expenses shall not be paid until they shall have been taxed by the court upon five days’ notice to the corporation counsel ar.d upon proof of the nature and extent of the services rendered and disburse- ments charged. No unnecessary costs or charges shall be allowed. All costs, fees, expenses or disbursements to be taxed shall be stated in detail in the bill of costs and shall be accompanied by such proof of the reasonableness and necessity thereof as is now re- quired by law and the practice of the court upon taxation of costs and dis- bursements in other special proceed- ings or actions in said court. Proof by affidavit shall also be given of the dates of rendering services, and in the case of commissioners and clerks re- ceiving a per diem allowance, the num- ber of hours and parts of an hour necessarily occupied upon each date. No such claim for compensation shall be taxed, allowed or paid unless it be accompanied by a certificate of the comptroller of the city of New York setting forth that the same has been audited and examined, and further certifying the result of such audit and examination. Property owners appear- ing in proceedings instituted under this act shall not be entitled to recover counsel fees, costs, disbursements or allowances. In any proceeding here- tofore or hereafter instituted pursuant to the provisions of this chapter of the Greater New York chatter for the ac- quisition of title to real property by the city of New York in which title thereto shall have become vested in said city by virtue of a resolution of the board of estimate and apportion- ment, the said board may authorize the comptroller of said city to pay to the person entitled to an award for real property acquired in a proceeding, in advance of the final determination of his damages, a sum to be determined by the boa.rd of estimate and appor- tionment, not exceeding sixty per I centum of the amount estimated as damages by the expert or experts em- ployed by the corporation counsel in said proceeding, winch amount shsll be certified to the comptroller by the corporation counsel. Before any such advance payment shall be made the comptroller shall procure the certifi- cate of the corporation counse' show- ing that the person, to whom payment is to be made, is the person legally en- titled to receive the same. If the board of estimate and appor- tionment shall authorize a partial pay- ment in advance to any person entitled to an award, mterest on the sum so au- thorized to be paid in advance shall cease to run on and after a date of five days after such person shall have been notified by mail or otherwise that the comptroller is ready to pay the same. In case the person entitled to an award at the date of the vesting of title to the real property in the city shall have transferred or assigned his claim, such transfer or assignment made by him, or by his successor in interest or legal representative, shall not become binding upon the city of New York unless the instrument or instruments evidencing such transfer or assignment shall have been exe- cutud and filed in the office of the comptroller of the city of New York prior to any such advance payment When any such advance payment shall have been made the comptroller shall, on paying the awards made for the real property acquired, deduct from the total amount allowed as compen- sation the sum advanced plus interest thereon from the date of the payment of such advance to the date of the final decree or the date of the report of the commissioners, as the case may be, and the balance shall be paid as herein provided. In case an advance payment shall have been authorized ; nu the person entitled thereto shall have been notified by mail or other- wise that the comptroller is ready to make such advance payment, interest on the amount so authorized to be paid in advance from a date five days after notification by the comptroller that he is ready to make such ad- vance payment to the time the person entitled thereo shall accept such ad- vance payment shall be deducted by the comptroller on paying the awards therefor from the total amount allowed as compensation to such person. In case of the pledge, sale, transfer or assignment of an award by the person entitled to receive the same by virtue of the report of the commis- sioners or the final decree of the court, as the case may be, or by other order of the court, the instrument evidenc- ing such pledge, sale, transfer or as- signment, acknowledged or proved as instruments are required to be ac- knowledged or proved for the record- ing of transfers of real property, shall be filed in the office of the comp- troller, who shall indorse on the said instrument its number and the hour, day, month and year of its receipt. If an assignment of an award be con- tained in an instrument recorded in an office in which instruments affect- ing real property are by law required to be recorded, a certified copy thereof may be filed in the office of the comp- troller in place of the original. An index shall be kept in alphabetical order under the name of the pledgor or assignor and also the pledgee or assignee, stating the title of the pro- ceeding, the time of the filing of the instrument, the file number thereof, and what part of the award is as- signed thereby. A memorandum of the file number of the instrument shall be made by the comptroller on the duplicate decree of the court or the duplicate report of the commis- sioners, as the case may be, opposite the place where the amount of the award so assigned is set forth. Every such instrument not so filed shall be void, as against any subsequent pledgee or assignee in good faith and for a valuable consideration from the same pledgor or assignor, his heirs, administrators or assigns, of the same award or any portion thereof, the as- signment of which is first duly filed in the office of the comptroller. Pay- ment to the assignee or pledgee shown to be entitled to the award by such record in the office of the comptroller shall wrotect the city from liability to any other person or persons. Moneys of Persons Under Disability, How Disposed of; Moneys Paid to Wrong Persons. Sec. 1439. When an owner in whose favor an award shall have been made in a final decree or in a report of com- missioners of estimate and appraisal which has been confirmed by tho court, as the case may be, is under legal disability or absent from the city of New York, and when the name of the owner shall not be set forth or mentioned in the final decree or in the report of the commissioners of estimate and appraisal, as the case may be, or when the owner although named in said decree or report can- not, upon diligent inquiry, be found, or where there are adverse or con- flicting claims to the money awarded as compensation, the city shall pay such award into court, to be secured, disposed of, invested and paid out as the appellate division of the supreme court in the judicial department in which the real property for which the award was made is situated, shall direct, and such payment shall be as valid and effectual in all respects as if made to the owner. And in default of such payment into court, the city of New York shall be and remain f 174 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK liable for such award, with lawful in- terest thereon from the day upon which title to the real property for which said award is made vested in" said city. When an award shall be paid to a person nor entitled thereto, the person to whom it ought to have been paul may sue for and recover the same, with lawful interest and cost of suit, as so much money had and received to his use by the person to whom the same shall have been so paid. Payment of an award to a person named in the final decree or the report, as the case may be, as the owner thereof, if not under legal dis- ability, shall in the absence of notice in writing to the comptroller of ad- verse claims thereto, protect the city. Amendments of defects, ct cetera. Sec. 1440. The court may at any time amend any defect or informality in any notice, petition, pleading, or- der, report or decree in a proceeding instituted pusuant to this chapter of the Greater New York charter, or cause real property affected by such defect, informality or lack of juris- diction to be excluded therefrom, or other real property affected by such defect, informality or lack of jurisdic- tion to be included therein, by amend- ment, upon ten days’ notice, published as provided in this chapter of the Greater New York charter, for the in- stitution of a proceeding, and may direct such further notices to be given to any party in interest as it shall deem proper. Appeal to the appellate division. Sec. 1441. The city of New York or any party or person affected by the said proceeding and aggrieved by the final decree of the court therein or by the order of the court entered on the motion to confirm the report of the commissioners of estimate and ap- praisal, may appeal to the appellate division of the said court. Such ap- peal shall be taken and heard in the manner provided by the code of civil procedure and the rules and practice of the said court in relation to ap- peals from orders in special proceed- ings, and such appeal shall be heard and determined by such appellate di- vision upon the merits both as to matters of law and fact. The de- termination of the appellate division shall be in the form of an order. 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 property withn which the appeal is concerned; and the final decree or the order confirming the said report or reports, as the case may be, shall be deemed to be final and conclusive upon all parties and persons affected thereby who have not appealed. Such appeal shall be heard upon the evi- dence taken before the court, or such part or portion thereof as the court may certify, or upon the evidence taken before the commissioners, or such part or portion thereof as tire court may certify or the parties to said appeal may agree upon as suf- ficient to present the merits of the questions in respect to which such ap- peal shall be had. An appeal taken but not prosecuted within six months after the filing of the notice of ap- peal, unless the time within which to prosecute the same shall have been exended by the court, shall be deemed to have been abandoned, and no agreement between the parties ex- tending the time within which the said appeal may be prosecuted shall vary the provisions hereof. Appeal tc court of appeals authorized. Sec. 1442. 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 shall be taken and heard in the manner provided by the code of civil procedure and the rules and practice of the court of appeals in re- lation to appeals from orders in spe- cial proceedings. An appeal taken but not prosecuted within six months after the filing of the notice of appeal, unless the time within which to prose- cute the same shall have been extend- ed by the court, shall be deemed to be abandoned, and no agreement be- tween the parties to the appeal ex- tending the time to prosecute the same shall vary the provisions hereof. 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. Discontinuance of proceedings. Sec. 1443. The board of estimate and apportionment may discontinue any legal proceeding instituted pursu- ant to the provisions of this chapter of the Greater New York charter as to the whole or part of the real prop- erty to be acquired in such proceed ing at any time before title to the real property to be hereby acquired shall have vested in the city of New York, and may cause new proceedings to be taken for the condemnation of such real property. The resolution of the board declaring any such proceeding discontinued shall effect the discon- tinuance of such proceeding. But in case of such discontinuance, the reasonable actual cash disbursements necessarily incurred and made in good faith by any party interested, shall be paid by the city of New York, after the same shall have been taxed by a justice of the supreme court or by a referee under his special order, upon ten days’ notice of such taxation being previously given to the corporation counsel, provided the application to have such disbursements taxed shall be made and presented to the court within one year after the adoption of the resolution of the board discontin- uing the proceeding. The amounts taxed as disbursements shall be due and payable thirty days after demand for payment thereof shall have been filed with the comptroller. TITLE II. PROVISIONS RELATING TO PRO- CEDURE FOR ASCERTAINMENT OF COMPENSATION RY THE COURT WITHOUT A JURY. Application to the Court to Condemn. Sec. 1444. After the said surveys, maps or plans shall have been filed and the acquisition of the real property au- thorized by the board of estimate and apportionment, as hereinbefore pro- vided, and said board has, in pro- ceedings authorized prior to the first day of January, nineteen hundred and seventeen, determined that the com- pensation to be paid to the respective owners of the real proprty shall be as- certained by the court without a jury, and in proceedings authorized on and after the first day of January, nine- teen hundred and seventeen, the cor- poration counsel, for and on behalf of the city of New York, shall cause notice to be published In the “City Record” of his intention to make ap- plication to the supreme court, at a time and place to be stated in said notice, to have the compensation which should justly be made to the re- spective owners of the real property proposed to be taken, ascertained and determined by the said court without a jury. Said notice shall briefly state the object of the application and shall describe generally the real prop- erty intended to be taken. Said notice shall be published in ten successive issues of said “City Record,” and thereafter upon the completion of the publication of said notice, the cor- poration counsel shall present to the court a petition signed and verified by the mayor of said city setting forth the action taken by the department, board or officer with reference there- to, the authorization of the proceed- ings by a majority vote of all the members of the board of estimate and apportionment, the filing of said sur- vey, map or plan, and of a notice of the pendency of the proceeding. Order Granting Application to Con- demn; Property Owners to File Claims; Proof of Ownership; Trial of Proceeding; Court to View. Sec. 1445. At the time and place mentioned in said notice, unless the court shall adjourn the said applica- tion to a subsequent day, and in that event at the time and place to which the same may be adjourned, the court, upon due proof to its satis- faction of the publication of such no- tice and upon filling the said petition, shall enter an order granting the ap- plication, which order shall be filed in the office of the clerk of the county in which the real property to be ac- quired is situated. The corporation counsel shall cause to be published in ten successive issues of the “City Record” a notice containing a gener- al description of the real property to be acquired, and requiring that all owners thereof shall on or before a date therein specified, file with the clerk of the court of the county in which such real property is situated, a written claim or demand duly veri- fied in the manner provided by law for the verification of pleadings in an action, setting forth the real property owned by the claimant and his post- office address. The claimant or his at- torney shall at the same time serve on the corporation counsel a copy of such verified claim. The proof of title to the real property to be ac- quired in all cases where the same is undisputed together with proof of liens or encumbrances thereon shall be submitted by the claimant to the corporation counsel or to such assist- ant as he shall designate. The corpo- ration counsel shall serve all parties or their attorneys who have served on him verified claims a notice of the time and place at which he will receive such proof of title. In all cases where the title of the claimant is disputed, it shall be the duty of the court to de- termine the ownership of such real property upon the proof submitted to the court during the trial of the pro- ceeding. The court shall also have power to determine all questions of title incident to the trial of the pro- ceeding. After all parties who have filed verified claims as herein provid- ed have proved their title or have ' failed to do so p.fter being notified by the corporation counsel of the time and place when and where such proof of title would be received by him, the corporation counsel shall serve upon all parties or their attorneys who have appeared in the proceeding a no- tice of trial thereof and shall file a note of issue with the clerk of the court of the county in which the trial is to be had. The trial shall be had in such county within the city of New York and within the judicial district in which the real property affected by the proceeding is situated as the cor- poration counsel in the notice of trial shall designate. The notice of trial shall be served at least ten days be- fore, and the note of issue shall be filed at least eight days before the date for which the same is noticed for trial. 175 1 Eagle Library-THE CHARTER OF THE CITY OF NEW YORK The note of issue shall briefly state the title of the proceeding, the date and place of the entry of the order grant- ing the application to condemn, the names and addresses of the parties who have filed claims, the names and addresses of their respective attor- neys, and a brief statement as to the extent of the real property to be ac quired. The clerk of the court must thereupon enter the proceeding upon the proper calendar according to the date of the entry of the order grant- ing the application to condemn. When notice of trial has been served and note of issue filed, the proceeding must remain on the calendar until finally disposed of. It shall be the duty of the justice trying any such proceeding to view the real prop- erty to be thereby acquired, and if he shall deem a view of the real prop- erty in the vicinity of that to be ac- quired, necessasry or useful, he shall make such view. Tentative Decree; Notice of Filing Thereof, and That Objections May Be Filed Thereto. Sec. 1446. The court after hearing such tesimony and considering such proofs as may be offered, shall ascer- tain and estimate the compensation which ought justly to be made by the city of New York to the respective owners of the real property so ac- quired for the improvement, and shall instruct the corporation counsel to prepare a transcript of its estimate of damage. Such transcript of estimate shall be accompanied by copies of such maps, diagrams or surveys as may be used by the court and shall refer to the numbers upon the respective maps, diagrams or surveys and shall state the several sums respectively estimat- ed for each of said parcels, with the names of the owners, as far as ascer- tained, together with all of the affi- davits and proofs upon which the same are based. Such transcript shall be signed by the justice trying the proceeding and filed with the clerk of the county in which the real prop- erty affected by the proceeeding is sit- uated and when so filed shall consti- tute the tentative decree of the court. Upon the filing of the tentative de- cree, the corporation counsel shall give daily notice by advertisement in the “City Record’’ and the corpora- tion newspapers for ten days, of the filing of such tentative decree and that the city of New York and any person or persons whose rights may be affected thereby and who may object to the same, or any part thereof, may, within fifteen days after the first pub- lication of such notice, set forth their objections to the same, in writing, duly verified, in the manner required by law for the verification of plead- ings in an action, setting forth the real property owned by the objector and his post office address, and file the same with said clerk. Every party so objecting, or his attorney, shall, within the same time, serve on the corporation counsel a copy of such verified objections. Said notice shall also state that the corporation coun- sel on the date specified therein, will apply to the iustice who made the tentative decree, to fix a time when he will hear the parties so objecting. Upon such application the justice shall fix the time when he will hear the parties so objecting and desiring to be heard. At the time so fixed the justice shall hear the person or per- sons who have objected to the tenta- tive decree and who may then and there appear and shall have the pow- er to adjourn from time to time until aii persons who have filed objections and desire to be heard shall be fully heard. Final Decree; Preparation Thereof; What to Contain. Sec. 1447. After considering the ob- jections, if any, and making any cor- rections or alterations in the tentative decree which the court shall consider just and proper, it shall give instruc- tions to the corporation counsel as to the preparation of the final decree, which shall consist of the tentative decree altered and corrected in ac- cordance with the instructions of the court, together with a statement ol the facts conferring on the court juris- diction of the proceeding and that the amounts set opposite each parcel in the column headed “final awards’’ constitute the compensation to which the respective owners are justly en- titled to receive from the city of New York, and a statement of the respec- tive owners; but in all cases where the owners are unknown, or not fully known to the court, it shall be suffi- cient to set forth and state in gen- eral terms the respective sums to be allowed and paid to the owners, with- out specifying their names or their estates or interests. The final decree, together with all of the affidavits and proofs upon which the same is based, shall be filed in the office of the clerk of the county where the real property- affected by the proceeding is situated. The final decree, unless set aside or reversed on appeal, shall be final and conclusive as well upon the city of New York as upon the owners of the real property mentioned therein, and also upon all other persons whomso- ever. TITLE III. PROCEEDINGS RELATING TO PRO- CEDURE FOR ASCERTAINMENT OF COMPENSATION BY C03I- MISSIONERS TO BE AP. POINTED BY THE COURT. sequent day, and in that event at the time and place to which the same may be adjourned, the court, upon due proof to its satisfaction of the pub- lication of such notice and upon filing the said petition, shall name three dis- creet and disinterested persons, being citizens of the United States, all of whom shall be residents in the borough where the real property to be taken is located, as commissioners of estimate and appraisal, for the purpose of per- forming the duties hereinafter men- tioned. Notice of the appointment of the commissioners of estimate and ap- praisal shall be published in ten suc- cessive issues of the "City Record’* and the corporation counsel shall cause a copy of such notice to be served by mail or otherwise, any time before the return day specified there- in, upon such parties or their attor- neys as have filed a notice of claim or of appearance in the proceeding. Said notice shall specify the time and place when and where parties may be heard at a special term of the supreme court as to the qualifications of the persons named as commissioners of estimate and appraisal. The persons named as 1 commissioners shall attend at the time and place appointed and may be ex- amined under oath as to their qualifi- cations to act. They shall be subject to the light of challenge by any per- son having an interest in said pro- ceeding upon any ground which would disqualify a judge or a juror, and such challenge must be tried and deter- mined by the court, and the deter- mination of the court may be excepted to and reviewed in the manner now prescribed ,by law in respect to the challenge of jurors. Should the court sustain the challenge to any commis- sioner, another person must be named or appointed in his stead in the man- ner hereinafter provided for filling vacancies. The person or persons thus substituted shall be subject to challenge in the same way as above provided for, to be heard and deter- mined by the court at such time and place as the court may direct. Application for the Appointment of Commissioners. Sec. 1448. After the said surveys, maps or plans shall have been filed and the acquisition of the real property authorized by the board of estimate and apportionment, as hereinbefore provided, and said board has, in pro- ceedings authorized prior to the first day of January, nineteen hundred and seventeen, determined that the com- pensation to be paid to the respective owners of the real property shall be ascertained by three commissioners of estimate and appraisal, the corporation counsel for and on behalf of the city of New York shall cause notice to be published in the “City Record” of his intention to make application to the supreme court for the appointment of commissioners of estimate and ap- praisal, which notice shall specify the time and place of such application and shall briefly state the object of the application and shall describe general- ly the real property intended to be taken. Paid notice shall be published in ten successive issues of said “City Record” and thereafter, upon the com- pletion of such publication, said cor- poration counsel shall present to the court a petition signed and verified by the mayor of said city, setting forth the action taken by the depart- ment, board or officer with reference thereto, the authorization of the pro- j ceeding by a majority vote of all the members of the board of estimate and apportionment, the filing of said sur- vey, map or plan and of the notice of the pendency of the proceeding, and praying for the appointment of com- missioners of estimate and appraisal. At the time and place mentioned in said notice, unless the said court shall i adjourn the said application to a sub- Vacancies Among Commissioners; How Filled; Two Commissioners May Act. Sec. 1449. In case the court shall sustain a challenge to the qualifica- tion of a commissioner, or in case of ! the failure to qualify, or in case of I death, resignation, insanity, disquali- fication, refusal or neglect to act, or removal of any such commissioner of estimate and appraisal appointed au provided for in this chapter of the Greater New York charter, it shall and may be lawful for the court on application of the city, on notice only to any person interested, who may have appeared on the prior applica- tion, to appoint a discreet and disin- terested person, being a citizen of the United States and a resident of the borough where the real property to be taken is situated, a commissioner in the place and stead of such com- missioner so disqualified, dying, re- ] signing, becoming insane, refusing or I neglecting to act, or removed, and the | surviving or acting commissioners, as the case may be, shall have power to proceed in the execution of the duties of their appointment until a successor of the commissioner so dis- qualified, dying, becoming insane, re- signing, neglecting or refusing to act, or removed, shall be appointed. Such successor appointed as aforesaid shall possess the same qualifications and be (Subject to challenge upon the same grounds and in the same general manner as hereinbefore provided for, and the time and place for the qualifl- I cation of such successor shall be spe- cified in the order appointing him. In every case of the appointment ot com- missioners of estimate and appraisal I by the court aforesaid, it shall bo law* f 176 Eagle Library— THE CHARTER OF THE CUT OF NEW YORK ful for any two of such commissioners so appointed and qualified to proceed and to execute and perform the trust and duties of their said appointment and their acts shall be as valid and ef- fectual as the acts of all the commis- sioners so appointed if they had acted therein, would have been. In all cases the acts, decisions and proceedings of the major part of such of the com- missioners of estimate and appraisal as shall be acting in the premises shall always be as binding, valid and effec- tual as if the said commissioners named and appointed had all con- curred and joined therein. Commissioners to Take Oath, View the Premises, and Give Notice of Their Appointment. Sec. 1450. The persons finally ap- pointed commissioners of estimate and appraisal after the trial and deter- mination of any challenge as hereinbe- fore provided, shall severally take and subscribe an oath or affirmation as prescribed by the thirteenth article of the constitution of this state. 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. It shall be the duty of all of the commis- sioners of estimate and appraisal when appointed and qualified in a proceed- ing, to view the real property to be thereby acquired. The commissioners shall cause to be published in the “City Record’’ a notice of their ap- pointment, containing a brief state- ment of the purposes for which they have been appointed, and requiring all parties and persons interested in the real property to be acquired for the public purposes authorized and having any claim or demand on account there- of, to present the same to them, in writing, duly verified, in the manner required by law for the verification of pleadings in an action, setting forth the real property owned by the claim- ant and the post office address of the claimant, with such affidavit or other proof as the owners or claimants may desire, within ten days after the date of such notice, and stating the time and place after the expiration of said ten days when the said parties and persons shall be heard in relation thereto by the said commissioners. At the time and place specified in said no- tice, or at any such further or other times and places as the said commis- sioners may appoint, the said com- missioners shall hear such owners and examine the proof of such claimant or claimants and such additional proof and allegations as may then be offered by such owners, or on behalf of the city of New York. Powers of Commissioners 9 Transcript of Estimate; Objections Thereto; [ Report; Presentation Thereof to j Court. Sec. 1451. The commissioners of estimate and appraisal appointed in any proceedings may issue subpoenas and administer oaths to witnesses. The said commissioners of estimate and appraisal shall make report of their proceedings to the supreme court with the minutes of the testimony taken by them and with the minutes of the proceedings, if any, relating to the challenge of any commissioner, within six months from the date of the filing of their oath, as hereinbefore provided, under penalty of forfeiting all fees to which they would be entitled, unless an extension of time be given to them by the supreme court, which extension shall only be granted in the discretion of the court, upon a written petition containing a full statement by such commissioners of the reasons neces- sary for such an extension, and upon five days' notice to the corporation «ounsel and to the parties or their at- torneys, who have appeared in said proceeding. Upon such application, the court shall have power to make such order in the premises In respect t_o the time and manner of completing the report of such commissioners, and in respect to the taking and submis- sion of the proofs of the parties in- terested, and the number and length of the hearings to be held in each Week as will enable or require the commissioners to complete said pro- ceeding on their part with reasonable despatch, 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, the court may remove the com- missioner or commissioners so neg- lecting or refusing, and appoint a suitable person or persons in his or their place. The said commis- sioners of estimate and appraisal, be- fore they present their report to the supreme court, shall deposit a tran- script of their estimate of compensa- tion in the office of the department, board, body or officer which, upon acquisiton of the title to the real property being acquired, will have ju- risdiction thereof, for the inspection of whomsoever it may concern, and shall cause to be published in ten suc- cessive issues of the “City Record” after depositing such transcript of es- timate, a notice of the said deposit thereof in said office, and any person or persons whose rights may be af- fected thereby and who may object to the same, or any part thereof, may, within fifteen days after the first pub- lication of such notice, set forth their objections to the same in writing, duly verified in the manner required by law for the verification of plead- ings in an action, setting forth the real property owned by the objector and his post office address to the said commissioners, who shall, after hear- ing the parties so objecting, thereupon reconsider their said estimate, 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. Every party so objecting, or his attorney, shall, within the same time, serve on the corporation counsel a copy of such verified objections. After the com- missioners shall have offered the par- ties interested an opportunity to file and make objections as aforesaid, they shall make their report, which shall contain a reference to the map, plan or survey, showing the exact location and boundaries of each parcel, a state- ment of the sum estimated and deter- mined upon by them as the just and equitable compensation to be made by the city to the owners of each parcel so taken, and the respective owners. But in all cases where the owners are unknown or not fully known to the commissioners, it shall be sufficient to set forth and state in general terms the respective sums to be allowed and paid to the owners, without specifying the names of, or the estates or interests of such owners. Said report, signed by said commissioners or a majority of them, shall be filed in the office of the de- partment, board, body or officer which, upon acquisition of the title to the real property being acquired, will have jurisdiction thereof, and a duplicate of said report shall be filed in the office of the clerk of the county where the real property is situated, and thereupon, the corporation counsel, or in case of his neglect to do so with- in ten days after such filing, then any person interested in the proceeding, shall give notice that the said report will be presented for confirmation to the supreme court, at a term thereof held within the city of New York and within the judicial district In which the real property affected by the pro- ceeding is situated, at a time and place to be specified in said notice. The said notice shall contain a statement of time and place of the filing of the report, and shall be published in ten successive issues of the “City Record” immediately prior to the presentation of said report for confirmation, and a copy of said notice shall be served, by mail or otherwise, upon the attor- ney for each party who may have ap- peared in said proceeding, at least five days prior to the presentation of said report for confirmation. Confirmation of report; payment of awards with interest; fees of com- missioners. Sec 1452. Upon the hearing of the application for the confirmation of the said report, signed by the said commissioners, or a majority of them, the said supreme court shall, by order, 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 as upon the owners of the real prop- erty mentioned in said report and also upon all other persons whomso- ever. And thereupon, the said city, acting by and through the depart- ment, board, body or officer which, upon the acquisition of the title of said real property will have jurisdic- tion thereof, shall take immediate possession of such real property with- out suit or other judicial proceedings. Each commissioner appointed under and by virtue of this chapter of the Greater New York charter who shall enter upon the duties of" his appoint- ment shall be entitled to receive upon the confirmation of the report or other determination of the proceeding not exceeding ten dollars for each day upon which he attends a meeting of said commissioners and is actually and necessarily employed in the per- formance of the duties imposed upon the commissioners by this act at the offices provided for such commis- sioners or at a meeting of the com- missioners to view the premises. Proceedings excepted from provisions of this chapter. Sec. 1453. The provisions of this chapter of the Greater New York charter shall not apply to any pro- ceedings to acquire real property for the purpose of opening any streets, avenues, public places, parks, park- ways, or for the Improvement of the waterfront of the city, or for ferry purposes, or drains, or sewers, or for water suppy purposes, or to any pro- water supply purposes, or to any pro- sions of chapter ten hundred and six of the laws of eighteen hundred and ninety-five. — As amended by Chapter 596, Laws of 1915. , CHAPTER XXII- THE STREETS. { (Sees, 1454 to 1457, in force until changed by the board of aldermen, are to be found at the end of this charter.) Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 177 ' Stages nml oninilmses; consents of property owners necessary before franchise granted. Sec. 1458. No stage or omnibus route or routes for public use, or any altera- tion or extension thereof, or any al- teration or extension of any existing stage or omnibus route, shall hereafter be put in operation in or upon any street, avenue, park, parkway, bridge or public ground within The City of New York until and unless a fran- chise or right therefor shall be ob- tained from the board of estimate and apportionment in like manner as, and subject to the limitations and condi- tions relating to, franchises or rights in this charter provided and imposed. 2. No provision of any law, whether general, public, private or local, in- consistent with this act, shall have ap- plication to any stage or omnibus route, or to any alteration or extension thereof for which a franchise or right therefore shall hereafter be granted. 3. Sections fourteen hundred and fifty-nine, fourteen hundred and sixty and fourteen hundred and sixty-one of said charter are hereby repealed. [As amended by Laws of 1913, Chap. 769.] (Secs. 1462 to 1466 and 1472 to 1487, in force until changed by the board of al- dermen, are to be found at the end of this charter.) Regulating and licensing pnblic (lancing academies. Sec. 148S. The words "public dance hall,'’ when used in this title, shall be taken to mean Any room, place or space in The City of New York in which dancing is carried on and to which admission can be had by payment of a fee, or by the purchase, possession or presentation of a ticket or token, or in which a charge is made for caring for clothing or other property, other than a hotel having upwards of fifty bedrooms, or Any room, place or space in The City of New York, located upon premises which are licensed to sell liquors, other than a hotel having upwards of fifty bedrooms, in which dancing is carried on and to which the public may gain admission, cither with or without payment of fee. The xvord "dancing” as used in this and the succeeding sections shall not ap- ply to exhibitions or performances in which the persons paying for admission do not participate. — Added by Chap. 547, Laws 1910. Public Dance Hall Dancing Academy forbidden Without License. Sec. 14S9. No public dance hall shall be conducted nor shall dancing be taught or permitted In any public dance hall unless it shall be licensed pursuant to this act and the license be in force and not sus- pended. Any person violating this sec- tion shall be guilty of a misdemeanor. —Added by Chapter 547. Laws 1910. Public Dance Ilall; License of; Re- qnirements. Sec. 1490. All public dance halls shall bo licensed by the mayor or other licens- ing authority of The City of New York; the fee for each such license shall be fifty dollars for each year or fraction thereof. All licenses Issued on or be- tween the first day of April and the thirtieth day of September of any year shall expire on the thirty-first day of March of the succeeding year. All li- censes Issued on or before the first day of October and the thirty-first day of March cf any year shall expire on the thirtieth day of September of the succeeding year, bo license shall be Issued unless the place lor which It is issude complies with all laws, ordinances, rules and the provisions cf ar.y building code applicable thereto and bs a safe and proper place for the purpose for which It shall be used, prop- erly ventilated and supplied with suffl- c’.er.t toilet conveniences. Every licensed public dance tall shall post lis license at the main entrance to its premises. — Add- ed by Chapter 547, Laws 1910. No License Without Report After In- spection. Sec. 14-91. No license shall be issued un- til the licensing authority shall have re- ceived a written report of an inspector that the building or premises to be li- censed complies with section fourteen hundred and ninety of this title. No li cense shall be renewed except after re- inspection by the licensing authority Additional inspection of every licensed place may be made under the direction ot the licensing authority. All inspectors shall be permitted to have access to all public dance halls at all reasonable times and whenever they are open for dancing, instruction in dancing or for any other purpose. Inspectors shall be required to report all violations. All reports shall be in writing and shall be filed and made public records. — Added by Chapter 547. Laws 1910. Public Dnncc Halls; Sale of Liquors Therein. Sec. 1492. Dancing shall not he permit- ted in any place in The City of New York licensed to sell liquors, except in a hotel having upwards of fifty bedrooms, unless such place shall also be licensed under section fourteen hundred and ninety. Violation of this provision shall be deemed a violation of the liquor tax law with respect to such premises. No liquors shall be sold, served or given away, in any public dance hall in which dancing is advertised to be taught, or in which classes in dancing are advertised to be maintained, or in which instruction J in dancing is given for hire; or in any room connected with such hall. The word “liquors” as used in this section shall bs construed as defined in the liquor tax lav/ of this state. The licensing authority shall immedi- ately notify the state commissioner of excise of the granting or renewal or revocation or forfeiture of any license issued under this title to any place or premises which are licensed to sell liquor. — Added by Chapter 547, Law's 1910. License; When Forfeited or Revoked. Sec. 1493. The license of any public dance hall may be forfeited for habitual disorderly or immoral conduct permitted on the premises and shall be forfeited on conviction of any person for violation of section fourteen hundred and ninety- two of this act, or upon the conviction of any person for violation of section four- teen hundred and eighty-four or section eleven hundred and forty-six of the penal law in or with respect to the premises of any public dance hall. The license of any , public dance hall may be revoked by the licensing authority whenever the licensed premises do not comply with section fourteen hundred and ninety of this act. provided that the licensee or person in charge shall be served with a copy of the report or complaint. In any case where a license is revoked or where the licens- ing authority refuses to renew a license, reasons for the action must be stated in writing and shall be public records Should the license of any place have been revoked twice within a period of six months, no new license shall be grantei to such place for a period of at least one year from the date of the second revoca tion. — Added by Chapter 547, Laws 1910. Inspectors of rinneing academies; ap- pointment of. Sec. 1494. The mayor or licensing au- thority of The City of New York may ap- point such Inspectors and other officials necessary to carry out the provisions of sections fourteen hundred and. eighty- nine. fourteen hundred and ninety, four- teen hundred and ninety-one, fourteen hundred and ninety-two and fourteen hun- I dred and ninety-throe as may be author- | ized. by the board of estimate and appbr- I Uonment of the city or authority having j the right to appropriate pubiic money. The money paid for licenses under this act shall be applied toward the payment of the salaries of the inspectors appointed hereunder. Any deficiency and any other expense of carrying this act into effect until appropriation can be made therefor shall be met by the issue of special reve- nue bonds of the city. The inspectors to be appointed under this section shall be designated as inspectors of public dance halls. — Added by Chapter 547, Laws 1910. CHAPTER XXIII. GENERAL STATUTES. Title 1. Commercial paper during epi- demic. Title 2. Board of city record. Title 3. General provisions. Title 4. Coroners. TITLE 1. COMMERCIAL PAPER DURING EPI- DEMIC. Persons, etc., in infected district may have names, etc., registered by city clerk. Sec. 1499. Whenever the board of healtty shall, by public notice, designate any por- tion or district of The City of New York as being the seat of any infectious or con- tagious disease, and declare communica- tion with such portion or district danger- ous, or shall prohibit such communication, it shall be the duty of the city clerk dur- ing 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 he made. Id.; innst register place at wliiclt commercial paper to be presented. Sec. 1500. It shall be the duty of all per- sons and firms usually resident or doing business within such infected district to register, in the books so provided by tho 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 transaction of their business, or to which they may desiro any notices to be sent or served, or any notes, drafts or bills to be presented for acceptance or for pay- ment. 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. Commercial paper may be presented at place designated. Sec. 1501. During the continuance of any meh disease in such infested district, ail lrafts, notes and bills, which by law are •equired to be presented for acceptance or r or payment, may be presented for such purpose at the place so designated in such registry, and all notices of non-accept- ance and non-payment of any note, draft or bill, or of protest for such non-aceept- mce or non-payment, may be served by 'caving the same at the place so desig-- oated. On failure to register, commercial paper may be presented to city elerk. Sec. 1502. In case any person or firm usually resident or doing business within such infected district shall neglect to make and cause to be entered in the book so provided, tho registry herein required, all notes, drafts or bills which by law aro required to be presented to such person or firm for acceptance or for payment, may be presented to the said city clerk during the continuance of such disease, at any time during office hours, and demand ot 173 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK acceptance or payment thereof may be made of the said clerk, to the same pur- pose 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. On railnre to register, notice of pro- test, etc., may l>e served by leav- ing nt post-office. Sec. 1503. In case of the omission to make the registry herein required, all notices of the nonacceptance or nonpay- ment of any note, draft, or bill, or of protest for such nonacceptance or non- payment, may be served on any person or firm usually resident or doing busi- ness 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. YVlien epidemic deemed to have subsided. Sec. 1504. Whenever proclamation shall be made by the board of health or other proper authority of the city, that an in- fectious or contagious disease in any such infected district has subsided, it shall bo deemed to have subsided for all purposes contemplated in this title. TITLE 2. A BOARD Ob' CITY RECORD. City Record, board of; publication and contents; newspapers to bo desig- nated in which corporation notices to be advertised. Sec. 1526. There shall be published, daily, Sundays and legal holidays ex- cepted, under a contract to be made as hereinafter provided, 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 corpora- tion newspapers as the same is used anywhere in this act; but no notice of advertisement shall be inserted in any of said newspapers now by law desig- nated as corporation newspapers in said city of Brooklyn, except such as respect matters occurring within or relating to the borough of Brooklyn exclusively, and the aggregate amount to be paid to said newspapers now designated by law as corporation newspapers, in said city of Brooklyn, for the publication of all advertise- ments provided for by this act, shaj.1 never exceed in any year, the sum now agreed to be paid to said newspapers annually of said city of Brooklyn. The mayor, corporation counsel and comp- troller shall constitute the board of city record Said board, by a major- ity vote, shall appoint a proper per- son 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 con- nected with its publication and distri- bution, except the salary of the person appointed to supervise the same, and the salaries of his assistants, shall be covered by a contract for printing, to bo made ir. the same manner as other contracts. The board of estimate and apportionment shall provide for all the necessary 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 publication of the City Record shall provide for furnishing, free of charge, to The City of New York, not more than two thousand copies there- of; also for a gratuitous distribution to every newspaper 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 insti- titkm in said city which shall apply for the same, of one copy. Copies of the same shall be sold by the super- visor at a price to be fixed by the of- ficers making the contract, and the proceeds thereof shall he paid over to the city. All advertising required to be done for the city, except as in this act otherwise specially provided, and all notices required by law or ordi- nances 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 suf- ficient compliance with any law or or- dinance requiring publication of such matters or notices; but there may be inserted in two morning and two eve- ning, and two weekly or semi -weekly papers published in the English lan- guage, and in one paper published in the German language, and in one paper published in the French lan- guage, all in said city to be desig- nated at any time by said board of city record, brief advertisements, call- ing attention to any contracts intended to be awarded or bonds to be sold, and referring for full information to said City Record; said designation of such newspapers to continue in effect until another or different designation shall be made by said board. Where such notices and advertisements respect matters occurring within or relating to the borough of Brooklyn, they shall also be published in such newspapers as are now by law designated as cor- poration newspapers in the city of Brooklyn, the rates of payment there- for, not to exceed the compensation now paid to said newspapers for like advertisements in the city of Brook- lyn or county of Kings. The board of city record may designate such news- papers, magazines, journals or period- icals for the purpose of publishing ad- vertisements for internes and pupil nurses, as may be requested by the head of a department. In case, how- ever, of the sale of bonds or stocks of said city or of any real estate belong- ing to the city, such advertisement 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 publica- tion elsewhere of any advertisement required by law; provided, however, that no such publication shall be made unless the same Is authorized by con- current vote of the members of said board. No money shall be paid from the city treasury, and no action shall be maintained and no judgment ob- tained against the city of New York, as constituted by this act, for any ad- vertising done after April thirtieth, eighteen hundred and seventy-three, except such as is therein 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 sev- eral departments and officers, 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 completed quarterly, and to be de- posited with his certificate thereon, in the office of the register of deeds of the county of New Y r ork, in the county clerk’s office of said county, and in the ofhee of the city clerk, and copies of the contents of any part of the same, certified by such register, county clerk, or city clerk, shall be received in judicial oroceedings as prima facie evidence of the truth of the contents thereof. [As amended ty Laws of 1913, Chap, 686.] Supervisor of City Record to ar- range lists of re&.stered voters. Sec. 1527. It shall be the duty of the supervisor of the City Record to cause the list of registered voters, made and delivered by the chairman of the boards of inspectors of election to the captairs of police, and by them delivered to him, to be arranged by assembly 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 dis- trict 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 published in the City Record, and in the form and manner herein prescribed; and such pub- lication 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 sep- arately as a supplement to the City Rec- ord, and each supplement containing the registry of one assembly district shall be sold separately to persons wishing to pur- chase the same at not less than five cents 1 per copy. All money received therefor i shall be paid into the city treasury to | the credit of the general fund. It shall be the duty of the supervisor of the City Record to cause the annual record of the assessed valuation of real estate, made and delivered to him, by the board of taxes and assessments, to be printed in type not smaller than nonpareil, and pub- lished in the City Record; and such pub- lication shall be made within ninety days after the delivery to him of the said an- nual record. The annual record of the as- sessed valuation of real estate of each section, district or ward, shall be printed separately as a supplement to the City Record. On each supplement shall be printed the number of the section, dis- trict or ward, therein contained, its boun- daries or an outline map, and the name of the borough in which it is situated. Kach supplement containing the assessed | valuation of real estate of one section, [ district or ward, shall be sold separately ' to persons wishing to purchase the same I at a price for each supplement to be j determined by the board of City Record; 1 such number of copies shall be published as said board shall determine. All moneys I .‘eceived therefor shall be paid into the city treasury to the credit of the general l fund. — As amended by Laws of 1903, Chap- ter 454. Printing an«l stationery to lie sup- plied by contract! City Record to print certain matters. Sec. 1528. All printing for said city and for the counties contained within its ter- ritorial limits, including tha 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 baset upon specifications to be filed in the comptroller’s office, which shall set forth with accuracy the number of every de- scription of printed blanks; also each de- scription of stationery or blank books in i ordinary use in the board of aldermen 1 and the respective departments, and like- ly to be required during the year for I which such contract is to be given, and ! the bids shall be given for such numbers I of each nrinted description of blanks or j of each article of stationery (including | under tne head of stationery, letter or i writing paper, or envelopes, with printed i 'leadings or indorsements) as are speci- fied. and for such additional number as ! may be required, giving the price for i blanks of every description, and the price) 179 Eagle Library— THE CHARTER OF THE CITY 01 NEW YORK of all other printing “per thousand ems,” or for “rule and figure work"; sep- arate contracts shall be made with the lowest bidder for any one descrip- tion of printing, or any article of sta- tionery, involving an expense of more than five hundred dollars. Ten per centum of the amount becoming due, from time to time, shall be withheld by the comp- troller until the completion of the con- tract; and in case the contractor shall fail to fulfill the same to the satisfac- tion 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 Lids 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 stationery done or fur- nished after April thirteen, eighteen hundred and seventy-tlVee, ostensibly for The City of New York as heretofore known and bounded, unless done or fur- nished under a contract where, under the provisions of chapter three hundred and thirty-five of the laws of eighteen hun- dred and seventy-three, or of -tile laws in force at the time this act takes effect or of this act, a contract was or is neces- sary, or snder a valid contract, or un- less uoon evidence of a contract made as provided in this section. Separate contracts may be made at any time for engraving. lithographing, 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 etch 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 df any head of a department, and no more than one thousand copies of any report of a committee of the board of aldermen shall he printed apart from the City Record. There shall be pub- lished in the City Record within the ! month of January and within the mouth of July in each year a list of ail the of- ficials and employes employed in any of the departments, bureaus or offices of the city government, and of the counties therein contained, who have been or have become such officials or employes during the preceding six months Raid list shall contain the name, residence by street numbers, nature of position or service, date of entrance into the service or em- ployment, date of cessation of such serv- ice or employment, if such has occurred during said period, salary or wages, and a distinct statement ot the increase or decrease thereof during said period of each of said officials or employes. All c hanges of such officials or employes, or the amount of their salaries, with a dis- tinct statement of the increase or de- crease thereof, shal be so published with- in one week after they are made. It shall be the duty of all heads of depart- ments or bureaus, or offices not. in :t department, to furnish to the person ap- pointed to supervise the publication of the Citv Record, everything required to bo inserted therein, it shall be the duty of the said person appointed to super- vise the publication of the City Record, on or before the first days of February and August respectively in each year, to certify to the comptroller that the several lists so required to be furnished ’lave been furnished to him by said heads i t departments, bureaus, or offices, and the comptroller is hereby forbidden to pay the salary of anv such head of de- partment, bureau or office who has not furnished such list until the receipt by said comptroller of such certificate. The said person shall have the power to make requisition in writing upon the heads of departments to furnish the information necessary to make u;> su. h list according to Lhe rules prescribed by him and approved by lhe board of City Record; and such information must be sup- plied by tho department withiu ten days j after such requisition. He shall have power to require such information in the | same manner, 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 prac- ticable, the numbers employed in the j prosecution of specific works, and the amounts paid to them. He shall also cause to be printed in each issue of said City Record a separate statement of the hours during which all public offices in | the city are open for business, and at which each court regularly opens and I adjourns, as well as of the places where I 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 regis- tered plumbers shall be published 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. , ns 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 with- out contract let after advertisement for bids or proposals, but in such cases such printing shall be done and such sta- tionery procured in the manner and op such terms and conditions as the said officers shll deem to be for the best in- terests of the city. TITLE 3. GENERAL PROVISIONS. Officers; not to be interested in con- tracts. Sec. 1533. No member of the board of aldermen, head of department, chief of bureau, deputy thereof or clerk therein, or other officer of the corporation, shall be or become interested, directly or indi- rectly, a?, contracting party, partner, stockholder or otherwise, in or in the performance of any contract, work, or business, or the sale of any article, the I expense, price or consideration of which is payable from the city treasury, or by any assessment levied by any act or or- dinance of the board of aldermen; or in the purchase or lease of any real estate or other property belonging to or taken by tlie corporation, or which shall be sold for taxes or asssessments. or by virtue of legal process at the suit of the said corporation. If any person in thi-s section j mentioned shall, during the, time for which he was elected or appointed, know- ingly acquire an interest as above de- scribed in any contract or work with the city, or any department or officer thereof, unless the same shall be devolv- ed upon him by law. he shall, on con- viction thereof, forfeit his office and be punished for misdemeanor. All such contracts in which any such person is or becomes interested as above described shall, at the option of the comptroller, be forfeited and void. No person in this section named shall give, or promise to give, any portion of his compensation, any money <.r valuable tiling to any officer of the city, or to any other per- son, in consideration of his having been or being nominated, appointed elected or employed as such officer, agent, clerk or 1 employe, under the penalty of for- feiting his office and being forever dis- qualified from being elected, appointed, or employed in the service of the city, and shall on conviction be punished for a misdemeanor. III.; limy he summarily examined* Sec. J 534 . Any member of the board of aldermen, commissioner, head of depart- ment. chief of bureau, deputy thereof or , clerk therein, or other officer of the cor- poration or person, may, if a justice shall so order, be summarily examined upon an order to be made on applica- tion based on an affidavit of the mayor or of the comptroller, or any five mem- bers of the board of aldermen or aDy 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 tlie chambers of said court in either of said judicial departments, or at the office of said department, on a day and hour to bo 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 provisions of law, or any want of mechanical qualifications of any inspect- orship of public work, or any neglect of duty in acting as such inspector, or any deu.iquency charged in said affidavit touching 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 board of aldermen, head of department or other aforementioned officer or person has knowledge or in- formation. Such member of the board of aldermen, commissioner, head of depart- ment, clerk or other aforesaid officer or person shal! answer such pertinent ques- tions 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 continuedfrom 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 penal- ties of the crime of perjury. The pro- ceedings may be continued before any other justice in said judicial department, and other witnesses, as well as the par- ties making such application, may, iu the discretion of said justice, be compelled lo attend and be examined touching such alleged delinquencies. Such justice may punish any refusal to attend such exam- ination or to answer any questions pur- suant to his order, as for a contempt of court, and shall have as full power and authority to enforce obedience to the or- der or directions of himself or any other justice, as any justice of the supreme 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, hun- dred and fifty dollars, if he thinks there was no probable cause for making , .tlie application hereinbefore provided X? r »..tJ)ft said costs to be paid io. the officer o-r per- son examined, and for Which 0ic saffl officer or person may have judgment and an execution. The examination herein- before provided for shall be reduced to writing, and be filed in the office of the "ounty clerk q'q'upits; within iff first or second judicial departments as 'he judge making tlie order for. ,thc. .e.x- amination shall direct o', . fhe, .fime. 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 lhe department, jn. . "’••hlcft, .sa,vJ« officer is employed. Barlier shops may be open on Sun- iln y. Sec. 1535. The provisions of an act to regulate barbering on Sunday, being chap- ter 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 lhe afternoon of the first day of the week ia The City of New York, as hereto- r iso Eagle Library— THE CHARTER OF THE CITY OF NEW YORK fore known and bounded, shall be appli- cable to and be in full force and effect in all of the territory of The City of New York, as constituted by this act. Secs. 1536 and 1537. Repealed by Act of 1901. Territorial operation of contract*. grants anil franchises not ex- tendecl. Sec. 1538. This act shall not extend the territorial operation of any rights, con- tracts 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 mu- nicipal and public corporations which by this act are united and consolidated there- with, including the counties of Kings and Richmond, and the some shall be restrict- ed to the limits respectively to which they would have been confined if this act had not been passed; nor shall this act in any way validate or invalidate or in any man- ner affect such grants, but they shall have the same legal validity, force, effect and operation, and no other or greater than if this act had not been passed. Price of sa* in Richmond ami Queens counties. Sec. 1539. The price of illuminating gas In the county of Richmond, and in the county of Queens, shall not be affected by this act. Creating cemeteries in Queens and Richmond Counties prohibited. Sec. 1539-a. After this section as here- by amended takes effect, no person, as- sociation or corporation shall take by deed, devise or otherwise any land in the- counties of Queens or Richmond for cemetery purposes, nor set apart or use any ground for cemetery purposes in cither such counties. Existing cemetery associations and corporations, however, shall have the right to use for cemetery purposes, land lawfully taken by recorded deed, or devise and set apart for ceme- tery purposes or for the purposes of the convenient transaction of their general business, prior to . or used therefor, at the time this act takes’ elfect, and all lands taken by a recorded deed and ac- tually set apart for cemetery purposes prior to June twenty-fifth, nineteen Hun- dred and ten. — As amended by Laws 1912, Chapter 463. Platting iif Inml* anil dedication of Mill'd* and public places. Sec. 1310. No map of the subdivision or plat- ting of' land into streets, avenues or public- places and blocks within the limits of the city of New York shall hereafter be received for tiling in the office ic. which instruments af- fecting real property are required to be re- corded in .the county in., which the land is situated unless such map shall have been ap- proved and transmitted to the board of esti- mate an.d apportionment by the president of tbe borough in which the, land shown on such map is situated and unless, such map approved by the president of tile borough has been also approved by the board' of estimate and appor- tionment. or that board has failed to take action thereon as hereinafter provided. The board of estimate and apportionment may in its discretion authorize its chief engineer to consider and approve -or disapprove such map uv its behalf, but -it such map is disapproved by the chief engineer an appeal may be taken at, .any time to the board and its action on such appeal shall he final. Unless such map is either approved or disapproved by tbe board of estimate hud apportionment or its cr.iel en- gineer within twenty-one days of its iceeption in the office of the secretary of t lie hoard, ap- proved by the ' president of the borough, the secretary of the board shall certify such fact in writing upon- such map and. such map shall be received for record without such approval. Every such map shall lie prepared, approved nnd certified in quadruplicate and shall he filed as follows: one copy thereof, ' as above pro- vided. in the office in which conveyances of teal estate are required to be recorded in the county in which the land shown thereon is situated: one copy thereof in the office of the corporation counsel; and one copy thereof in tile office of tile president of the borough in which the land shown on the map is situated, and one copy thereof in t lie office of the sec- retary of the board of estimate and apportion- ment. No street, avenue, highway or public place, tbe layout of which has not been ap- proved as provided in this section, shall be deemed to have been accepted by the city of New York as a street, avenue, highway or tublic place, unless such street, avenue, high- way or public place shall lie within the lines of a street, avenue, highway or public place j shown upon the duly adopted and filed final j map of the city of New York. — As amended by j Laws of 1910, Chapter 513. Majority of boards or departments; iiuornm; powers. j Sec. 1541. A majority of the members | of a board in any department of the city government, and also of the board for | the revision of assessments, shall con- stitute a quorum to fully perform and discharge any act or duty authorized, possessed by, or imposed upon any de- partment or any board aforesaid, and with the same legal effect as if every member of any such board aforesaid had been present, except as herein otherwise specially provided. Each board may, ex- cept as herein otherwise provided, choose, in its own pleasure one of its members who shall be its president, and one who shall be Us treasurer, and may appoint a chief clerk or secretary. No expense shall be incurred by any of the departments, boards or offices thereof, unless an appropriation shall have been previously made covering such expense, nor any expense in excess of the sum ap- 1 propriated in accordance with law. This 1 restriction shall not apply to contracts for the purchase of coal which contracts shall not extend for a longer period than cue year.— As amended by Chapter 543 , Laws 1910. Expenses not to exceed approprla- (ion. Sec. 1542. It shall be the duty of the heads of all departments and of all of- ficers of said city, and of all boards and officers charged with the duty of expend- ing or incurring obligations payable out .or. the moneys. raised by tax in said city, or any of the counties contained within its territorial limits, so to regulate such expenditures, for any purpose or object, tiraT tire ‘same shall not in any one year exceed the amount appropriated by rhe board of estimate and apportionment tor such purpose or object; and no charge, claim or liability shall exist or arise against said city, or any of the counties contained within its territorial limits, for any sum in- excess of the amount appro- priated for tbe several purposes. It shall be lawful, however, for the board of esti- mate and apportionment in its discretion, anil upon the certificate of the district attorney- of any such county that the pub- j lie interests demand for the proper con- duct of a, criminal action of exceptional j difficulty .that an additional appropriation - be . made for that purpose, to make such appropriation ard to authorize the comp- troller to issue special revenue bonds to provide the necessary means therefor. Boartl ot licnltb, etc*. 1 Sec. 13.4 2- a. The board of health, the 'board of trustees. of Bellevue and alliedj I hospitals, the commissioner of public ; charities, and (he commissioner of cor- i rcction are, and each of them hereby is,' ! authorized, when in its or his judgment it may seem proper, co cause to be re-! moved for medical or surgical treatment! in any public or private hospital within! The City of New York any nurse or phy- I sician who may be employed in any of the hospitals within the charge and control of any of said hoards or commissioners,! respectively, ami who may become ill or j disabled on account of any contagious or infectious disease contracted while in the performance of service as such nurse* or physician. The reasonable expense in- curred for said, medical or surgical treat- i inenl, together with maintenance, shall., upon certificate of any of said boards or commissioners respectively he a charge; against The City of New York The comp- troller is hereby authorized to audit and j pay Charges which may be so certified bv; any of said boards or commissioners re- : speetively to have been incurred since! January first, nineteen hundred and nine j and which may hereafter be certified by! any of said respective boards or commis- sioners respectively for the foregoing purposes; and to provide the means t necessary to make such payments the comptroller is hereby authorized to issue special revenue bonds in the manner pro- vided by section one hundred and eighty- eight. subdivision seven, of this act. — As amended by Chapter 267, Laws 1910. Head* of ilcpa rtincnf s ; control over subordinates; removal. oee. 3343. The heads of all departments and all borough presidents (except as otherwise specially provided) shall have power to appoint and remove all chiefs of bureaus (except the chamberlain), as also all clerks, officers, employes and sub- ordinates in their respective departments, except as herein otherwise specially pro- vided, without reference to the tenure of office of any existing appointee. But no regular clerk or head of a bureau, or pe.rson holding a position in the classi- fied municipal civil service subject to compel itive examination, shall be re- moved until lie lias been allowed an op- portunity of making an explanation; and in every case of a removal, the true grounds thereof shall be forthwith en- tered upon the 'ecords of the department or board or borough president, and a copy filed with the municipal civil service. In •ass of removal, a statement showing the reason therefor shall be filed in the de- partment The number of all officers, clerks, employes, laborers and subord- inates in every department shall be such as the heads of the respective depart- ments and borough presidents shall desig- nate and appiove. rot exceeding the num- ber limited by any ordinance of the board of aldermen. The duties of all such of- ficers. clerks, employes, laborers ard sub- ordinates shall be such as the heads of the respective departments and bor- ough presidents shall designate and approve, subject to the provisions ot law and to the ordinances of the’ board of aldermen. The salaries or wages of all such officers, clerks, em- ployes, laborers and subordinates in every department shall be such as shall be fixed by the board of aldermen upon •be recommendation of the board of esti- mate and apportionment in Ihe manner provided in this act. Any head of de- partment or borough president, may, with the consent of the board of estimate and apportionment, consolidate any two or more bureaus established by law, and nay change the duties of any bureau: and it shall be the duty of the head of the finance department to bring together all officers and bureaus authorized to receive money tor 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. Every head of department or borough president, and every officer of any of the counties contained within the territorial limits of The City of New York, is empowered to make ratable de- ductions from the salaries and wages of the employes and subordinates of his de- partment or office, on account of ab- absence from duty without leave; pro- vided. however, that nothing contained in this section shall affect departments or officers as to which other provision is made by this act for deductions for ab- sences or disciplinary fines and penalties. Wherever in any department, or institu- tion an office, position or employment is abolished or made unnecessary through the operation of this act, or in any other manner, or whenever the number of offices, positions or employments ot a certain character is reduced, .he person or persons legally holding the office or filling the position or employment thus abolished or made unnecessary shall be deemed to be suspended without pay. and shall be entitled to reinstatement in the same office, position or employment, or in any corresponding or similar office, posi- ' mn or employment, if within one year .hereafter ’here is need for his or their services. Whenever such offices, posi- tions or employments are abolished or made unnecessary, ii shall he the duty of the head of the department or insu- Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 181 tution to furnish the names of the per- son or persons affected to the municipal civil service commission, with a state- ment in the case of each of the date of his original appointment in the service. It. shall be the duty of the municipal civil service commission forthwith to place the names of said persons upon a list of suspended employes for the office, or position or for the class of work in which they have been employed, or for any corresponding or similar office, posi- tion or class of work, and to certify the said jiersons for reinstatement, in the order of their original appointment, be- fore making certifications from any other list. The failure of any person on any such list for reinstatement to accept, after reasonable notice, an office or posi- tion in the same borough and at the same salary or wages as the position formerly held by him shall be held to be a relin- quishment of his right to reinstatement as herein stated. .Police arul Fire Commissioners May Rehear Charges and Reinstate Members of Force. Sec. 1543-a. Upon written applica- tion to the mayor by the person ag- grieved, setting forth the reasons for demanding such rehearing, the police commissioner, if the person aggrieved was a member of the police force, or the fire commissioner, if the person aggrieved was a member of the fire department, shall have the power, in his discretion, to rehear the charges upon which a member of the. uni- formed police or fire department, as the case may be, has been dismissed, or reduced from the rank theretofore held by him; provided that such mem- ber of such force or department shall waive in writing all claim against the city of New York for back pay and provided further that the mayor shall, in writing, consent to such rehearing, stating the reasons why such charges should be reheard. Such application for a rehearing shall be made within one year after this section as amended takes effect if such dismissal or reduction in rank occurred within seven years before this section as amended takes effect; or within one year from the date of the removal or reduction in rank if such removal or such reduction occurs after this section as amended takes effect. If such commissioner shall deter- mine that such member has been il- legally or unjustly dismissed or re- duced, such commissioner may rein- state such member or restore him to the rank from which he was reduced, as the case may be, and allow him the whole of his time since such dismissal, to be applied on his time of service in such department, or for such other or further relief as such commissioner may determine just, or to tjflirm his dismissal or reduction as he may de- li rminofrorn t he evidence. [ As amended by Chap. 71), haws of .1015. j Kcails of departments other than the police and lire ( ommissioner, may rehear charges against and reinstate persons tlismvsed. Sec. 1543-b. The head of a city department or an - ; other officer, board or body of the city, or of a borough, or of a county, vested with the power of appointment and employment, ex- cept the police commissioner and t lie fire commissioner, upon written appli- cation by the person aggrieved, setting forth the reasons for demanding an opportunity of making a further ex- planation, shall have the power, in his discretion, to rehear the explanation and any new matter offered in further reply to the charges or complaint upon which such person was dis- missed from the service, provided that ejeii person i.l waive, b. writing, al! claim against The City of New York for back pay. Such application for another opportunity to explain shall only be presented to, and granted by the officer who made the removal or to the immediate successor of the re- moving official when the applicant for the further explanation makes it ap- pear, by affidavit, that on a further chance to explain he can produce evi- dence such as if before received would probably have changed the decision; If such evidence has been discovered since the previous explanation, is not cumulative; and the failure to produce it at the first explanation was not ow- ing to want of diligence. No reinstate- ment by a successor shall be made where the applicant has been removed more than two years, nor without the consent of the mayor. If upon the further explanation such head of de- partment or other officer, board or body determine that such person has been illegally or unjustly dismissed, j such head of department or other of- ficer, board or body, in his discretion, may, upon the approval in writing of the municipal civil service commis- j sion, reinstate such person. [Added by Laws of 1813, Chap. 302.] See. 1543-c. Any former member of the uni- formed force of the police department, who re- signed without charges pending prior to January first, nineteen hundred and thirteen, may be reinstated if lie be less than thirty-five years of age when such reinstatement be ordered, pass such physical tests as the head of t ho depart- ment shall prescribe, and have obtained the con- sent of the mayor to such reinstatement. If reinstated, such member shall not receive any credit for time in the department during, the period of separation from tfie ' serylee or prior to (lie time of resignation. — Added by Laws of 1910. Chap. CIO. I<1.; to render reports: publication. Sec. 1544. The said departments, borough presidents and all commissioners ap- pointed by the mayor, pursuant to the provisions of this act, and not constitut- ing heads ot' 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 operations and action of the same and each of them, which reports shall be published in the City Record. The said departments, bor- ough presidents and commissioners shall always, when required -by the mayor, fur- nish to him such information as he may demand, within such reasonable time as he may direct. Id.; to furnish copies of papers on demand. Sec. 1545. The heads of all departments, except the police and law departments, and the chiefs of each and every bureau of said departments, or any of them, ex- cept the police and law departments ani all borough presidents, shall, with reason- able promptness, furnish to arty 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 hundred words thereof by the per- son demanding the same. All books, ac- counts and papers in any department or bureau thereof, except the police and law departments, shall at all times he open to the inspection of any taxpayer, subject to any reasonable rules and regulations iu regard to the time and manner ct such in- spection 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, j bureau or officer; in case such inspection j shall be refused, such taxpayer, on his J sworn petition, describing the particular book, account or paper that he desires to inspect, may, upon notice of not iess than one day to such department bureau or officer, apply to any justice of the su- i preme court for an order that he be al- 1 lowed to make such inspection as such jljacic? sltsil by bis r.rner fiVciitTjrvj ftu'l such order shall specify the time and manner of such inspection. Destruction of useless records. Sec. 1545-a. Upon the certification of the comptroller of The City of New York, or the head of any department or office of the city government, who is the custodian of public records or papers, to the board of estimate and apportionment, that such records or papers deposited or filed in his office are deemed to have become use- less, the board of estimate and apportionment may direct the de- struction of such records or papers; provided, however, that such cer- tificate shall contain a list of such records or papers, with proper description thereof, which are be- | lieved useless, with a statement of the j reason for such belief, and attached - thereto shall be a certificate from the corporation counsel to the effect that the destruction of any such record or paper will in nowise affect the inter- ests of The City of New York in any pending, anticipated or contemplated claim, action or proceeding by or against the said city. [Added by Laws of 1913, Chap. 697.] Records to be kept and abstracts published. Sec. 1546. In every department, office ot a borough president 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 ot every description, which abstracts shall contain the name or names and residences by street and number, of the party or par- ties to the contract and of their sureties, if any. A copy of such abstract shall be | promptly transmitted to the person des- J ignated to prepare the City Record, and | shall be published therein. Notice of all ! appointments and removals 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. Certificates of appointments. Sec. 1547. Every person who shall be ap- pointed or elected to any office Under the said city shall receive a certificate of ap- pointment, designating the term for which such person has been appointed or elected. Official oatli. Sec. 1548. Every person elected or ap- pointed to any. office under the city gov- ernment shall, within five days after no- tice of such election or appointment, take and subscribe, before the mayor or auy judge of a court of record, an oath or af- firmation faithfully to perform the duties of his office: which oath or affirmation shall be filed in the office of the city clerk. Officer not lo hold njiy oilier civil office. Sec. 1549. Any person holding office, whether by election or appointment, who shall, during his term of office, accept, hold or 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 I register of any court), or of the state I (except the office of notary public or commissioner of deeds, or officer of the national guard), or who shall hold or ac- cept any other office connected with the government of The City of New York, or who shall accept a seat in the legisla- ture, shall be deemed thereby to have vacated any office held by him under (ho city government. No person shall hold two city or county offices, except as ex- pressly provided in this act; nor shall auy officer under the city government hold or retain an office under the county government, except the office of super- visor. or when he holds such office ex effido, by virtiia rr e.ci the legig- - 'nc 182 Eagle Library — THE CHARTER OF THE CITY OF NEW YORK lature; and in such case shall draw no salary for such ex officio office. Officers; when may receive ami re- Iaiu lees. Sec. 1550. No officer of the city gov- ernment, except the city marshals, shall have or receive to his own use any fees, perquisites or commissions or any per- centage; but every such officer shall be paid by a fixed salary, and all fees, per- centages and commissions received by any such officer shall be the property of the city. And every officer who shall re- ceive any fees, perquisites, commissions, percentages, or other money which should be paid over to the city shall, before he I shall be entitled to receive any salary, j make under oath a detailed return to the comptroller showing the amount of all such fees, commissions, percentages, per- quisites and moneys received by him since the last preceding report, the person from whom received, and the reason for its payment, and shall produce the re- ceipt of the chamberlain, showing tho payment to him, by said officer, of the aggregate amount thereof. All sums re- ceived as above, or for licenses or per- mits, except as in this act otherwise ex- pressly provided, shall be paid over weekly, without deduction by the officer or department receiving them, to the chamberlain, and 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 re- ceive to or for his own use any fees, costs, allowances, perquisites of office, commissions, percentages or moneys paid to him in his official capacity; but all fees, costs, allowances, perquisites, com- missions, 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, commis- sions, percentages, 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 statement and return to the comptroller in such form as he may prescribe, show- ing the amount of all such moneys re- ceived 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 pro- vided, 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 re'Ce'ived by him in his official ca- pacity. III.; ilefranding. Sec. 1551. Any officer of the city govern- ment. or person employed in its service, who, shall wilfully violate or evade any of the provisions of law, or commit any fraud upon the city, or convert any of the public property to his own use, or knowingly permit any other person so to convert it, or by gross or culpable neg- lect of duty allow the same to be lost i o "t lie city, shall be deemed guilty of a misdemeanor and, in addition to the penalties imposed by law. and on convic- tion, shall forfeit his office, and be ex- cluded forever after from receiving or holding any office under the city govern- ment; and any person who shall wilfully swear falsely in any oath or affirmation required by this chapter shall be guilty ot perjury. Money not to lie paid to sectarian schools; public property; liow dis- posed of. nominational school, neither shall any property, 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 be- longing to the city be leased to any school under the control of any religious or denominational institution, except up- on such terms as the city property may be leased to private parties after the same has been duly advertised. Public property to be sold at auction or by sealed bids. Sec. 1553. All property sold (other than land under water) shall be sold at auc- tion, after previous public notice, un- , der the superintendence of the appropri- ate head of department, except real property including buildings, fixtures and machinery therein, which, except as herein otherwise provided, shall be sold j at public auction, or by sealed bids, after j previous public notice, pursuant to a res- I olution adopted by the commissioners of ‘ the sinking fund and such sale shall be under the supervision of said commis- sioners and not otherwise. In case such buildings, fixtures and machinery be sold at public auction the commissioners of the sinking fund may provide as a condi- tion of such sale that such buildings, fix- tures or machinery shall not in any case be relocated or re-erected within the lines of any proposed street or other pub- lic improvement, and if after such sale such buildings or parts of buildings 01 - other structures be relocated or re- erected within the lines of any proposed | street or other public improvement title I thereto shall thereupon become vested in | The City of New York and a resale at public or private sale may be made in the same manner as if no prior sale had been made of the same. The proceeds J of all sales made under and by virtue of j this act shall except as herein otherwise 1 specially provided, be by the officer re- ceiving 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; provided that personal property may be exchanged for personal property of the same or greater value or delivered in part payment there- for, or may be sold at private sale witn- out public notice after approval in writ- ing by the commissioners of the sinking ! fund or pursuant to rules and regulations adopted by said commissioners. The pro- ceeds of such sales shall be paid into j the general fund for the reduction of ! taxation.— As amended by Laws 1912, Chapter' 436. Patented articles; how supplied. Sec. 1554. Except for repairs no patented ; pavement shall be laid and no patented | article shall be advertised for, contracted j for or purchased, except under such eir- I cumstances that there can be a fair and 1 reasonable opti m'ty for competition,: the conditions to secure which shall be prescribed by the board of estimate and apportionment. IVo public officer to order liouseliolder or freeholder to use patented article. Sec. 1554-a. No officer of the city gov- ernment shall order any householder or freeholder to use any patented article on any building or in any public street or place, except under such circum- stances that there can be a fair and rea- j sonable opportunity for competition, the : conditions to secure which shall be pre- j scribed by the board of estimate and ap- portionment.^ — Added by Laws 1905, Chap- ter 531. Special provision as to papers Tor- Sec. 1552. No money belonging to the city raised by taxation upon the proper- ty of the citizens thereof, shall be ap- propriated in aid of any religious or de- merly tiled in offices of town clerks. Sec. 1555. Except as otherwise provided by this act all papers now required by law to be filed and recorded in the town 1 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 ef- fect, be 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, immediately after this act takes effect, be deposited in such county clerk’s office by the town clerks of such towns, and shall remain of record therein. Code of ordinances; wlien To l>e Iirima facie evidence. Sec. 1556. A code or other volume con- taining cither the ordinances or bylaws of the city published by authority of the board of aldermen shall be prima facie evidence in all courts of justice of the au- thenticity of such ordinance or bylaws. Responsible gnaranty company mny act as surety. Sec. 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. Sec. 1558. All officers elected or ap- pointed under this act shall, unless other- wise 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 Rec- ord, unless otherwise provided. Sec. 1559. All publications required by this act shall, unless otherwise provided, be published in the City Record, and ono publication therein shall be sufficient, unless it is herein otherwise provided. Suspension of pensions of officers or employees. Sec. 1560. If a person who may hereafter be awarded a pension from the city of New York or any of the departments thereof, or out of any fund under said city or any of its departments, shall hold any office, employment or position under the state or city of New York or any of the counties included within said city, except the offices of commissioner of deeds and notary public, the payment of said pension shall be suspended and forfeited during and for the time he shall hold such office, position, or employment; provided, however, that this section shall not apply where the pension and the salary or compensa- tion of the office, employment or po- sition amount in the aggregate to less than twelve hundred dollars an- nually. — As amended by Laws of -91G, Cap. 201. Officers anil employees not to per- form work ontside public em- ployment. Sec. 1561. No officer or employe of The City of New York or of any of the coun- ties comprised within its territorial lim- its. shall detail or cause any officer, em- ploye or subordinate of the city or of any of said counties to do or perform any service or work outside of his public office, work or employment; and any viola- tion of this section shall constitute a mis- demeanor punishable by a fine of not: me 'e than five hundred dollars, or by im- prisonment for not more than one year. Waters ant. shores to be kept pure and clean. See. 1562. No swill, garbage, dead ani- mals, decayed or other vegetables or fruits, bedding or refuse or rubbish of any kind or any light or offensive soil or ma- terial that will not settle in the water when dumped shall be dumped or de- posited in (he waters of the port of New York or in the ocean, sea, rivers or waters adjoining The City of New York, or in the waters ei New York harbor, or New York Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 183 bay, or in the Hudson river, the East river, Long Island sound, and waters ad- jacent thereto west of the middle ground shoal, or in the navigable waters lying between said sound and the East river, nor in the waters bounding or adjoining the port or harbor of New York, or the upper bay; nor shall any article or thing that is liable to convey disease or is putrid, un- wholesome, noxious or dangerous to the public health, or calculated to defile or to render unclean the coast of shores of The City of New York, be cast, thrown, placed, deposited or suffered or permitted to be placed or deposited in said waters, or placed or suffered to be placed where said water would ordinarily or naturally rise upon, take or receive them, except- ing, however, the ordinary discharge of sewers constructed under the authority of the laws of the state within which they are located. This section shall not apply to the erection or construction of any pier. dock, bulkhead or the making, by filling in, in a proper manner, of the land, in case where the erection of such piers, docks, or bulkheads or making, by filling in of land, is now authorized by the laws of the state: nor to works un- dertaken by the government of the T’oited States in the port and harbor of The City of New York, or authorized by the laws of the state of New York. Any pilot, harbor master or port warden of the port of New York, the police of The City of New York, or any city marshal or constable within The City of New York, shall have power to arrest all per- sons and deliver into custody any person or persons taken in the act of violating any of the provisions of this section. Xllecol to nssist In towing or o:ill- ing vessels laden with Kill- base, etc. See. 1563. It shall not be lawful for any person or persons to sail, navigate, or move, or to aid, direct, or assist in sailing, navigating or moving, any boat or vessel engaged in the transportation of any dead animal, carrion, offal, or any putrid, offensive refuse, decaying or decayed vegetable or animal matter, or any garbage or sweepings, taken from the streets of any city, upon the waters referred to in the last section for the purpose of being dumped or deposited in said waters; and it shall not be lawful for any steam vessel to tow or carry any c° tie i , -.tides mentioned in this or the last section. **pimlties for violation of two last sections. Sec. 1564. Any person offending against the provisions of the two preceding sec- tions shall be deemed guilty of a misde- meanor, and liable to imprisonment for a term of not less than six months or to a fine of not less than five hundred dol- lars, in the discretion of the court for each and every offense, and may be ar- rested by the authorities of the city or of either of the counties of New York, Kings, Queens, Westchester or Richmond. Tile courts in said counties respectively shall have power and jurisdiction to try said offenders, whether the offense be eommitted within their respective coun- ties or not. Out of any moneys received for fines, such sum or sums shall be allowed and paid for the expenses and disbursements attending the arrest, as the court or magistrate may deem rea- sonable and proper. The owner or own- ers or charterer of any vessel used in violation of the preceding sections shall be liable to The City of New York in a penalty of one thousand dollars for each offense, and an action may be brought for the recovery thereof la the name cf The City of New York. Public jirniorles; nrmory heard; president of tbe board of alder- men to be a member of; its duties. Sec. 1565. All powers and duties relat- ing to the construction, repairs and main- tenance of and to public armories in The Ci t? cf New York, and to the purchase cf supplies therefor, so far as the same have heretofore been conferred upon the commissioner of public buildings, light- ing and supplies by chapter two hundred and twelve of the laws of eighteen hun- dred and ninety-eight, known as "the military code," are hereby devolved upon the armory board having jurisdiction within The City of New York, as in said military code provided. The powers and duties heretofore exercised by tbe com- missioner of public buildings, lighting and supplies as a member of said armory board are hereby devolved upon the president of the board of aldermen, who shall be a member of said armory board. Taking bail from push cart ped- dlers. Sec. 1566. If a push cart peddler is ar- rested in The City of New York for the violation of any ordinance or law requir- ing a license for such avocation, or for violating a license procured in pursuance of such an ordinance or law, he may, when brought before the police officer, court or magistrate authorized to accept bail for such violation, tender in lieu thereof his push cart, and such police officer, court or magistrate shall accept the same accordingly. If the person so arrested shall fail to appear in answer to such charge, the chattel so pledged as se- curity for his appearance shall be for- feited and placed in the custody of the property clerk of the police department of The City of New York, to be by him disposed of and accounted for at the next succeeding sale of unclaimed property. — Added by Laws 1906, Chapter 96. I nt'nliflits of employees. Sec. 1567. The executive heads of the various departments are author- ized and empowered to grant to every employee of The City of New York, or of any department or bureau thereof, and of the department of education, a vacation of not less than two weeks in each year and for such further pe- riod of time as the duties, length of service and other qualifications of an employee may warrant, at such time as the executive head of the depart- ment or any officer having supervi- sion over said employee may fix, and lor such time they shall be allowed the same compensation as if actually | employed, except that no such vaca- tion shall be granted to per diem em- ployees for longer than two weeks and only during the months of June, July, A*; gust and September. [As amended by Laws of 1913, Chap. 121. j r»r diem employees; leave of absence with pay. Sec. 1568. The head of a city depart- ment, or any other officer, board or body of the city, or of a borough or county within the city, vested with the power of appointment, and employment, in addi- tion to existing powers, may, in his dis- cretion, grant to an employee in his de- partment, board, body or office, whose compensation is payable by the day and who may bs injured in the performance of his duties, a leave of absence during d.s- j ability with pay, which leave of absence, however, shall not exceed thirty days, ex- cept with the consent of the maycr and comptroller. — Added by Laws 1912 Chap ter 353. Officers an«l employees; punishment for delinquency or misconduct. Sec. 1569. Except as otherwise specially provided, the head of a city department or any other officer, board or body of the city, or of a borough or county within the city, vested with the power of ap- pointment and employment, in addition I to existing powers, may, in his discretion, 1 cause deductions to be made from the | salaries, compensation or wages of the | officers or employees of his department, | board, body or office, as a fine for de- ! linqueney or misconduct, not exceeding thirty days’ pay.— Added by Laws 1912, , fiber ter dP" Officers and employees; suspension without pay. Sec. 1569-a. Except as otherwise specially provided the head of a city department or any other officer, board or body of the city, or of a borough or county within the city, vested with the power of appointment and employ- ment, in addition to existing powers, may, in his discretion, suspend, for not more than one month without pay, any officer or employee of his depart- ment, board, body or office, pending the hearing and determination of charges against him or the making of any explanation, as the case may be. If the person so suspended be re- moved, he shall not be entitled to sal- ary or compensation after suspension. If he be not so removed he shall be entitled to full salary or compensa- tion from the date of suspension to the date of reinstatement, less such deduction or fine as may be imposed. [Added by Laws of 1913, Chap. 6 94.] Officers and employees; leave of absence without pay. Sec. 1539-b. Except as otherwise specially provided, the head of a city department or any other officer, board or body of the city, or of a borough or county within the city, vested with the power of appointment and employment, in addition to existing powers, may, in his discretion, upon application of any officer or employee of such department, office, board or body, grant to such of- ficer or employee a 'eave of absence from duty without pay.— Added by Laws 1912, Chapter 333. TITLE 4. (Now Title 4— Sections 1370 to 1571-d, inelusir# —added by Chap. 234, Laws of 1913.) CHIEF MEDICAL EXAMINER. Section 1570. Organization of office; officers and em- ployees. 1571. Violent and suspicious deaths; procedure. 1571-a. Autopsies; findings. 1571-b. Report of deaths; re- moval of body. 1571-c. Records. 1571-d. Oaths and affidavits. Organization of office; officers and em- ployees. Sec. 1 570. There is hereby estab- lished the office of chief medical ex- aminer of the city of New York. The head of the office shall be called the “chief medical examiner." He shall be appointed by the mayor from the classified service and be a doctor of medicine, and a skilled pathologist and microscopist. The mayor may remove such officer upon stating in writing his reasons therefor, to be filed in the office of the municipal civil service commission and served upon such officer, and allowing him an opportunity of making a pub- lic explanation. The chief medical ex- aminer may appoint and remove such deputies, assistant medical examiners*, scientific experts, officers and em- ployees as may be provided for pur- suant to law. Such deputy medical examiners, and assistant medical ex- aminers, as may be appointed, shall possess qualifications similar to those required in the appointment of the chief medical examiner. The office shall be kept open every day in the year, including Sundays and legal holi- days, with a clerk in constant attend- ance at all times during the day and night. Violent anti suspicious deaths; pro- cedure. Sec. 1571. When, in the city of New York, any person shall die from crirn- 184 Eagle LIbrary-THE CHARTER OF THE CITY OF NEW YORK i Inal violence, or by a casualty, or by suicide, or suddenly when in apparent health, or when unattended by a phy- sicion, or in prison, or in any sus- picious or unusual manner, the officer in charge of the station house in the police precinct in which such person died shall immediately notify the office of the chief medical examiner of the known facts concerning the time, place, manner and circumstances of such death. Immediately upon receipt of such notification the chief medical examiner, or a deputy or assistant medical examiner, shall go to the dead body, and take charge of the same. , a uch examiner shall fully investigate vne essential facts concerning the cir- cumstances of the death, taking the names and addresses of as many wit- nesses thereto as it may be practical to obtain, and, before leaving the premises, shall reduce all such facts to writing and file the same in his office. The police officer so detailed shall, in the absence of the next of kin of deceased person, take possession of all property of value found on such person, make an exact inventory there- of on his report, and deliver such property to the police department, which shall surrender the same to the person entitled to its custody or pos- session. Such examiner shall take pos- session of any portable objects which, in his opinion, may be useful in es- tablishing the cause of death, and de- liver them to the police department. Nothing in this section contained shall affect the powers and duties of a public administrator as notv provided by law. Autopsies; findings. Sec. 1571-a. If the cause of such death shall be established beyond a reasonable doubt, the medical ex- aminer in charge shall so report to his office. If, however, in the opinion of such medical examiner, an autopsy is necessary, the same shall be per- formed by a medical examiner. A de- tailed description of the findings writ- ten during the progress of such au- topsy and the conclusions drawn therefrom shall thereupon be filed in his office. Report of deaths; removal of body. Sec. 1571-b. It shall be the duty ot any citizen who may become aware of the death of any such person to report such death forthwith to the office of the chief medical examiner, and to a police officer who shall forthwith notify the officer in charge of the station-house in the police precinct in which such person died. Any person who shall willfully neglect or refuse to report such death or who without written order from a medical examiner shall willfully touch, remove or disturb the body of any such person, or willfully touch, remove, or disturb the cloth- ing, or any article upon or near such body, shall' be guilty of a misdemeanor. Records. Sec. 1571c. It shall be the duty of the office of medical examiner to keep full and complete records. Such rec- ords shall be kept in the office, prop- erly indexed, seating the name, if known, of every such person, the place where the body was found and the date of death. To the record of each case shall be attached the original re- port of the medical examiner and the detailed findings of the autopsy, if any. The office shall promptly deliver to the appropriate district attorney copies of all records relating to every death as to which there is, in the judgment of the medical examiner in charge, any indication of criminality. All other records shall be open to public inspection as provided in section fif- teen hundred and forty-five. The ap- propriate district attorney and the po- lice commissioner of the city may re- quire from such officer such further records, and such daily information, as they may deem necessary. Oaths and affidavits. 'Sec. 1571d. The chief medical ex- aminer, and all deputy or assistant medical examiners, may administer oaths, and take affidavits, proofs and examination as to any matter within the jurisdiction of the office. TITLE 5. i EXAMINING BOARD OF PLUMBERS Composition of fionrtl. Sec. 1572. There shall be in The City of New York an examining board j of plumbers to consist of two employ- ing or master plumbers, one journey- man plumber, and two city officials having supervision over plumbing, drainage or sewerage. The master and journeymen members of the board shall be appointed by the mayor and the two city officials shall be desig- nated by the mayor. Such appoint- j ments and designations shall be at the pleasure of the mayor making them, j The master and journeyman plumbers serving as members of the board shall be paid five dollars per day for each day’s attendance, not to exceed the sum of twenty-five dollars per month. The officials of the city designated by the mayor to serve on the board shall j act without compensation. Powers of board. Sec. 1 573. The examining board of plumbers shall have power and it shall be their duty: 1. To examine all persons applying for certificates to engage in the trade, business or calling of master or em- ploying plumb r in the city, as to their [ fitness and qua' fications for the same, including their business responsibility and repute. 2. To issue certificates to such per- sons as the board deems qualified to engage in business as a master or em- ploying plumber, upon such terms and conditions as may be prescribed by the rules of the board, which rules shall be published in the City Record once a week for three successive weeks before becoming operative. 3. To examine in conjunction with the municipal civil service commis- sion applicants for positions as in- spectors of plumbing, and no person shall be appointed an inspec or of' plumbing who shall not have obtained a certificate of competency as such in- spector from the examining board of plumbers. 4. To revoke any certificate issued by the board after not less than five days notice upon proof to the satis- faction of the board of fraud, deceit or collusion in obtaining the license, vio- lation of or failure to observe the law- ful rules and regulations or ordinances relating to plumbing and drainage in 1 the city of New York, or of the rules of the said board. 5. To charge and collect from each person applying for examination a sum not to exceed five dollars for each examination made by the board, either for master plumber or inspector of plumbing, and to charge and collect the further sum of five dollars upon the issuance of a certificate, all mon- eys so collected to be paid over by the board monthly to the chamberlain of the city, after deducting from such | fees the sum actually expended for ! supplies and materials used in con- | ducting examinations. Existing cprilflontes of competency con t i nne(l. Sec. 1574. All persons now holding certificates of competency heretofore issued by the examining board of plumbers in The City of New York, or of cities consolidated with or incor- porated into the said City of New York, shall, after the passage of this act submit such certificate to the ex- amining board of plumbers at such time and in such manner as the board may require, and the board shall en- dorse on the face of such certificate that the same are renewed in accord- ance with the provisions of this act, except that the board may refuse to make such endorsement upon proof to its satisfaction that a certificate of competency heretofore issued has been obtained through fraud, deceit or collusion, or that the person holding the same is no longer actually engaged in the business or calling of employing or master plumber, or has been con- victed of a violation of the rules, regu- lations or ordinances relating to plumbing or drainage of The City of New York. No certificate of compe- tency heretofore issued by the exam- ining board of plumbers shall be ef- fective for registration in the *bu- reaus of building in The City of New York unless it shall have been en- dorsed as provided for in this sec- tion. [Added by Laws of 1913, chap. 7 55.] CHAPTEPw XXIV (New). RECORDING AND INDEXING IN- STRUMENTS AFFECTING LAND IX THE COUNTIES OF NEW YORK AND BRONX? PREP- ARATION OF LAND MAPS. Section 1572.* Application of chapter. 1573. * Lana maps. 1574. * Instruments, how recorded and indexed. 1.775. Alterations and corrections. 1576. Fees for indexing. 157G-a. Miscellaneous instruments. Application of Chapter. Sec. 1572*. Every instrument affecting real estate of chattels real, situate in the counties of New York and Bronx, city of New York, which shall be recorded in the office of the register of the county of New York or the register of the county of Bronx, shall be recorded and indexed pursuant to the provisions of this chapter; but the provisions of this chapter shall not apply to said counties before the first day of January next succeeding the cer- tifying and filing of the land map of such county as provided in this chapter. Land Maps. Sec. 1572*. 1. The board of taxes and as- sessments of said city is hereby author- ized and directed to prepare a separate map of each of the counties of New York and Bronx in said city, on which shall bo shown and delineated all the streets, avenues, roads, boulevards, parkways, and waterfronts of said counties of New York and Bronx and also all blocks or parcels of land bounded by said streets, avenues, roads, boulevards, parkways and waterfronts, subject, however, to the pro- visions of this section. The word “block.” as used in this act, designates a plot or parcel of land such as is commonly so designated in the city cf New York, wholly embraced with- in the continuous lines of streets, or streets and waterfront taken together where water forms one of the boundaries of a block, and such other parcels of land or land under- water as may be indicated by said board of taxes and assessments upon said mau by block numbers as constituting blocks. 2. The said board of taxes and assessments shall also cause said maps to be subdivided into land sections for the use to which said map is io be put, as by this chapter provided, and shall cause said sections to be numbered on said map of the county of New York from number one consecutively upward to number eight and on said map of the county of Bronx from number nine consecutively upward to number eighteen. 3. The said board of taxes and assessments shall also cause the blocks or parcels of land shown on said maps to be numbered thereon, by block numbers from number one up- wards in the counties of New Y’ork and Bronx, provided, however, that where there is a doubt as to the definiteness or perma- nency of the location of the street system or ♦So in original. Eagle Library-THE CHARTER OF THE CITY OF NEW YORK 135 1 waterways, the said board of taxes and as- sessments may cause the land to be divided Info parcels and numbered on said map by block numbers in such way as said board may think best, in order to carry out the general Intent of this chapter, and such parcels shall be considered as blocks for the purposes ot this chapter. 4. For the purpose of notice under this chap- ter, each block shall be deemed to extend to the middle line of the streets, avenues, roads and boulevards then or thereafter laid out on said land maps fronting and adjoining such block, and shall also be deemed to extend to the exterior bulkhead line or to the exterior line of grants of land under water where water forms one of the boundaries of a block. And the said several sections and blocks shall for the purpose of this chapter be such as are fixed and laid down on said land map by said board of taxes and assessments. In cases where the physical blocks are small or for other reasons, two or more physical blocks may, in the discretion of said board, be in- cluded in one block having a single block number. 5. The said board of taxes and assessments shal cause four copies of said map of the county of New York and four copies of said map of the county of Bronx to be made and shall certify the same under their respective hands and shall file in each of the following offices one copy of said map relating to the county in whidh the office is located — one copy in the office of the register of the county, one in the office of the clerk of the county, one in the finance department and one in the de- partment of taxes and assessments; and upon said maps being so certified and filed, they shall be and become public records and shall be known' and designated as the land map of the county of New York and the land map of the county of Bronx, respectively. 6. Such number of any of the aforesaid maps as the board of estimate and apportion- ment of said city may direct, shall be printed by said board of taxes and assessments. Instruments, how recorded, nnd in« dexed. Sec. 1574*. 1. The register of each of the counties of New York and Bronx is hereby directed and required immediately upon the completion and filing of said map in his office to index under the proper block numbers and block diagrams all instruments now required by law to be recorded in the books of conveyances and mortgages, one index to be made for conveyances and one for mort- gages. baid indexes shall be deposited in the office of said register or said clerk of the county. They shall be prepared so as to con- tain the names of the parties to each instru- ment. the date of recording the same, the liber and page of the record i hereof, and such addi- tional designation as shall in the judgment of the recording officer make reference to the instrument more convenient, and shall be in substantially the forms of the schedules here- to annexed, designated respectively schedule A and schedule 1!. which schedules are to be deemed and taken to be a part of this chap- ter. Said indexes shall be entitled block in- dexes of conveyances and mortgages respec- tively, and shall indicate the blocks to which they shall respectively relate, and the said indexes shall be public records. 2. It shall be the duty of said register to provide and keep in his office besides said land map and block indexes, books to be entitled the daily index of conveyances and the daily index of mortgages, together with books of record in which shall be recorded at length conveyances and mortgages recorded in his office, each of which shall be indorsed with its proper liber number. 3. Kvery instrument presented lo said regis- ter for record and required to be indexed under this chapter in order to entitle the same to be recorded, shall contain in the body thereof, or shall have indorsed thereon to be recorded therewith, a. designation of the number of every block on the said nfap in which the land affected by the instrument lies. Every assignment of a mortgage and every agree- ment respecting a mortgage to entitle the tame to be recorded, shall contain in the body thereof, or shall have indorsed thereon, to be recorded therewith a designation of the num- ber of every block on the said land map in which the land lies which is affected by the mortgage to which su^h assignment cr agree- ment relates. And the record of the instru- ment shall not be effectual by way of notice to bona fide purchasers cr incumbrancers in respect to any land situated in any block not so designated, except as hereinafter provided jn section fifteen hundred and seventy -five o2 this chapter. 4. Whenever any instrument affect : ng or re- lating to land in said counties of New York or Bronx entitled to be recorded and re- quired to be indexed under the provisions of tills chapter shall be presented to said regis- ter for record, he shall forthwith indorse thereon the date, hour and minute of its re- ceipt by him, and enter in the proper daily index the name of every party, executing ih% said instrument, the date of tl*e record there- of and the number of every block designated ns aforesaid for the Indexing of such instru- ment, and within ninety days thereafter shall tause the said f«i&Lrfiiiwrit to be indexed in the proper indexes under the block number and diagram of every block so designated. 5. In the certificate of said register now re- quired to be indorsed on instruments recorded by him he shall certify, in addition to the other matters required by law to be stated therein, the number of every block on said land map under which the instrument has been indexed. 6. The entries made In said Indexes, in con- formity with the requirements of this chap- ter, excepting the information contained in the column headed additional designation shall, for the purpose of notice, be deemed and taken to be a part of the record of the instruments to which such entries respec- tively refer, and shall be notice to such sub- sequent purchasers or incumbrancers - tc the same extent and with like effect as the record- ing of such instruments in the office of said register now is or may be notice. 7. Said register, on and after the first day of January next succeeding the certifying and filing of said land map of his county, shall keep in his office alphabetical Indexes con- taining lists of the names of all grantors and grantees of land entered from time to time on the block index of conveyances in his office, referring after the names of said grantors and grantees to the liber and page of the record of the several instruments to which they are parties and to every block affected by said instruments. Said register shall also keep in his office similar alphabetical Indexes of mort- gagors and mortgagees whose names appear upon the block indexes of mortgages. Said register shall prepare such alphabetical in- dexes in lexicographical or such other form as he may think: proper, but the Indexes named in this section shall not be deemed or held to be a part of the record of the instruments ,o which they refer, for the purpose of notice or otherwise, nor shall they be deemed to con- stitute notice of said instruments, or of the contents thereof. The indexes provided for in this section shall be the only alphabetical In- dexes required by law to be kept of instru- ments indexed in the block indexes in the office of said register. Alterations nnd Corrections. Sec. 3575. 3. Whenever, after the making of said land maps, any block boundaries shall be changed or any new or additional blocks of land shall be formed in said counties by the opening or closing of any street, avenue, road, boulevard or parkway or otherwise, it shall be the duty of said board of taxes and as- sessments to cause said land maps to be al- tered so as to show the changes in the bound- aries of a block and the formation of such new or additional blocks, to cause such blocks, the boundaries of which have been altered; and such new or additional blocks to be numbered on said maps, with such block numbers as said board may determine, and to certify and file annually with the register and clerk of the county in their respective counties a list of the numbers of the blocks, the boundaries of which have been altered and a list of the numbers of new or additional blocks which have been formed. On and after the first day of January next succeeding the certifying and filing of such lists, the indexes of all blocks theretofore existing, comprising the land in the blocks, the boundaries of which have been altered, and the new blocks so formed as aforesaid, shall except for the purpose of com- pleting the indexing belonging to the preceding year, be closed, and discontinued, and a new index shall be opened for every such altered or new block in the form herein prescribed, which new Index shall thenceforth be used for all entries relating to land in such altered or new blocks. The date of closing shall be en- tered at the end of every index on the block indexes so discontinued, with reference to the number of every altered or new block to be used in place thereof, and the date of bpehfng shall be entered on the map at the place of the al- teration. and at the beginning of every such new index with references to the number of every block before in use for the land con- tained in such altered or new block; and on and after the said first day of January' the re- cording and indexing of instruments relating to land shown on such altered or new blocks shall be subject to the provisions of this chap- ter, as to the manner of Indexing as here- inbefore provided, and the legal effect of «uc i recording and indexing. The land maps in use in the counties of New York and Bronx p-ior tj the application of this chapter' shall r^.n iin on file for me purpose of reference. 2. In cases where any instrument shall have been recorded without such designation as is required by subdivision three of section fifteen hundred and seventy-four of this chapter or with an erroneous designation, the said regis- ter shall, on presentation of proper proof there- of. enter such instrument in the proper in- dex, under the proper block number of every block, the designation of which shall have been erroneously stated or omitted, and shall, at the same time, make a note of such entry and of the date thereof in every place in which such instrument may have been er- roneously indexed, opposite the entry’ thereof, and also upon the record of the instrument and Upon the Instrument itself, it the same be In his possession or produced to him for the purpose, and (he record of such instrument shall be constructive notice as to. property in tiic *>io*k not duly d vi 6 nated S.Im** of ! such record only from the time when the j same shall be properly indexed, j 3. No entry in any book or index in Fold | register’s office shall be erased so as to i>* i Illegible, but in case of any correc Ion the same shall be made without destroying the original entry by drawing a line through such original entry, and in all such cases the date of such correction attested by the signature of the register or his deputy shall be ejvered upon the same page on which such correction is made, on the margin opposite such correc- tion. Fees for Indexing. Sec. 1576. Any per on presenting to said register an instrument for record under this chunter shall pay to said register, in addition to the fees now re- quired by law for recording like instruments, th> further sum of twenty-five cents for each block under which such instrument is re- quired to be indexed, and the like sum of twenty-five" cents for each block "Shall 'be pay- able whenever an instrument already recorded is required to be indexed under section fitka-n hundred and seventy-five of this chapter. Miscel In neons 1 nstrumentr.. Sec. 157G-a. 1. The provisions of this chapter shall not apply to the indexing of general as- signments, wills, powers of attorney, executory contracts for the sale or purchase of land or satisfactions of mortgages, except as pro- vided in subdivision two of ibis section; but such instruments shall be filed" or recorded as now required by law, and when recorded they shall be indexed in separate alphabetical in- dexes. 2. Whenever there shall be filed with the said register a satisfaction of any mortgage which has been indexed as herein provided, the register shall forthwith enter upon the block index of such mortgage the date of the filing of the satisfaction of the same and the liber and page of the record thereof in the form shown for such entry in said schedule B. 3. The county clerk of each of said counties of New York and Bronx shall cause to be in- dexed under the proper block numbers and block diagrams all instruments now required by law to be recorded in the books of notices of lis pendens which may be filed or recorded after the first day of January next succeeding the certifying and filing of the land map of his county, the block index of notices of lis pendens shall be in form substantially like* schedule ,C„hereto annexed, which schedule is to be deemed arid Taken to be a part of this act. and shall be entitled the block index of notices of lis pendens. The county clerk of such county shall also * cause to be Indexed under the proper block numbers and block diagrams all statutory notices of liens ~ or claims on land other than lis pendens which may be filed or recorded in his office after the first day of January next succeeding the certi- fying and filing of the land map which index shall be entitled the block index of notices of liens and shall be ruled for entering therein the name of the lienor and of the owner of the property affected, the amount claimed to be due as shown by the notices and the date of the satisfaction thereof, and shall be of such other general form as said county clerk may determine. In cases in which it is not practi- cable In the judgment of said county clerk to index any of the liens mentioned in this sec- tion under said block system then the. said county clerk may prepare indexes of s •eh liens In such other form as he shall *h'nk best. 4. The register or the clerk of each of said counties of New York and Bronx, respec- tively, shall cause to be reindexed under the block index system substantially as provided for in this chapter, all instruments affecting real property or chattels real filed or recorded in his office prior to the first day of January next succeeding the certifying of the land map of his county, so as the said instruments are not already m cl eyed under the block system, except instruments mentioned in subdivis’on one of this section, and except instruments, discharged or cancelled, of record or which by their terms or • by operation of law have expired, and except in- struments affecting- or dependent for their force or validity upon the excepted instruments enumerated above. A- list of the classes of in- struments thus excepted from the block index; of reindexed instruments shall be prepared and placed at the beginning of e^-ch reindexed block. The said indexes of reindexed instru- ments shall be known respectively as the block index of reindexed conveyances, the block index of reindexed mortgages, the block index of reindexed notices of lis pendens, and the block index of reindexed liens. If, in the judgment of the said register or county clerk, it shall be found impracticable , or inadvisable to index under the block system any of the instruments or liens directed by this section to be reindexed. the said register or county clerk may, in his discretion, as to such in- struments and liens, adopt any other plan of indexing or reindexing which he shall think best; and the said register or county clerk is also authorized and empowered to do such fur- ther acts for rearrangement, care, preserva- tion, indexing and convenient examination of the records, documents, maps and paper* filed or recorded in his office as Sn hia meat the public interest /nay require f 186 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK L. SCHEDILE A— FORM OF BLOCK INDEX OF CONVEYANCE! CHAPTER XXV. NAME OF STP.EET. BLOCK 14 0. H r fa a fa fa fa fa fa CO CO a 140 fa o O fa a P, < *1* '.ME OF STREET. Ora nior John Do r~ Grantee Date of 1 Conveyances Additional designa- 1 Remarks lion 1 recording | Liber , Page Lior-ard jio-t ■William Black I ! ! 1 James White Robert Moore 1 . 1 I .1 William Black John Young l : l i i Robert Moore Francis Hart 1 1 i 1 Francis Hart Thomas Scott ill 1 Henry Brown Ira Smith III i Ira Smith Lewis O'reen ill i i 1 • SCHEDI LE II — FORM OF BLOCK INDEX OF MORTGAGER. PROVISIONS RELATING TO THE COINTIES AND REPEAL PRO- VISIONS. Title 1. Provisions relating to ths counties. Title 2. Repeal provisions. TITLE 1. PRO VI IONS REB ATING TO THE COUNTIES. Wards in the Borough of Brooklyn! how designated. Sec. 1577. The wards o" the former city of Brooklyn are hereby continued, v ,h their present boundaries and nuDtper*, and shall be known and designated as wards of the borough of Brooklyn. Wards in boroughs of Manhattan and The Bronx; Slow designated. Sec. 157S. 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 Ma -hattan and The Bronx, re- spectively. NAME OF STREET. E 5 fa fa fa fa fa fa to to fa m fa o O fa fa P, h'. < V. X NAME OF STREET. 1 1 i Mortagor Mortgagee When | Mortgages! When 1 Satis- recorded “ H, ,j faction _ iLiberjPagel charged LiberJPage Addi- tional designa- tion p Richard Roe James Dunn iii ii i Robert Moore Rmil Smith iii iii i William Black Amos Wright iii iii Francis Hart Samuel .Tones | III III Ira Smith Charles Clute | Ira Smith Henry Burke | III III Thomas Scott John Flint | III III III III ! SCHEDULE C— FORM OF RI.OCIC INDEX OF NOTICES OF LIS PENDENS. NAME OF STREET. BLOCK 140. H fa fa fa fa fa fa fa “ | CO fa ID fa O o fa fa £ P t < < NAME OF STREET. Defendant Plaintiff Court Filed LiberJPage Nature of action Charles R. Keese Joseph Kelly Supreme May 24. 19:4 SO 146 Fort-!. Robert Moore Francis Hart -County Oct. 10. 1911 05 22G Part. Additional designation Sec. 2. Chapter twenty-four of the Greater New Y r ork charter is hereby renumbered twenty-five. Sec. 2. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed; but the validity and effect of any act done prior to the application of this chapter under any law hereby repealed shall not be affected by such repeal. SCHEDULE OF LAWS REPEAT. ED. Laws of Chapter Section 1SS) 340 1S90 166 1904 127 All. 1914 463 All. Towns jukI villages In Richmond enmity aho lisliert. Sec. 1579. The five towns and a'l the incorporated villages within the county o[ Rienmond are hereby abolished. Wards ill the borough of Richmond. Sec. 1580. The territory included within the towns of Cast.leton, Middletown. Norlhfieid, Southfield and Westfield, in the county of Richmond, shall, in the order named, be known and designa.ed as ware's one, two, three, four and five, respectively, of the borough of Richmond Towns in Queens eonnty abolished; wards ill borough ot Qneens. Sec. 1581. The towns of Newtown. Flushing and Jamaica, and all the incor- porated villages in thar part of the coun- ty of Queens ineluucd within The City of New York, as constituted by this act, are hereby aDolisned. The territory hereto- fore known as Long Island City shall be known as ward one of the borough or Queens; the town of Newtown as ward two of said borough; the town of Flush- ing 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. But the supervisors of sa'd towns who are in office when this act lakes effect shall serve out their respec- tive terms of office as supervisors of the wards in which (hey respectively reside, and sha'.' continue to he members of the board if supervisors of the county A I Queens. Board of jililerinen ; power to change lion n ilaries. pec. 1582. The board of aldermc.i mav from lime to lime by ordinance change the boundaries of wards r id create other wards as the public good and convenience may require. Salaries of county officers In New York, Iticluoond. Queens nml Kings counties: how mot. Sec. 15S.2. The salaries of all county officers in the counties of New York, Rings, Queens and Richmond shall unless otherwise provided by law be fixed by the board of aldermen on the recommendation of the board of estimate and apportion- ment. and all county charges and ex- penses and salaries of county officers in said counties and each of them shall bo audited and paid by the department of finance out cf the fund or anpropriatio" Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 187 applicable thereto, and the audit of said department in respect to such charges and expenses shall extend to the reason- ableness thereof and shall be, in all re- spects, as full and complete as the audit of city charges and expenses provided for by section one hundred and forty-nine of this act; but nothing in this section con- tained shall be construed as in any way changing or modifying the provision con- tained 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 four counties, respectively, so that each shall ultimately bear and pay all its own county charges, nor to affect the county ; of Queens until after the thirty-first day of December, eighteen hundred and ninety-nine. Election of county officers required by tlie constitution not affected. Sec. 1584. Nothing in this act contained shall be deemed to Interfere with or here- after prevent the election, under and pur- suant to laws relating thereto, of all county officers required by the constitu- tion of the state, to be elected in either j of the counties, in whole or in part, in- cluded within The City of New York, as constituted by this act. Public administrator of tlie county of New York. Sec. 1585. Upon the taking effect of this net, the official designation of the public administrator in The City of New York, as heretofore known and bounded, shall be public administrator of the county of New York, and such officer shall continue a county officer with 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 anything herein contained. County clerks to exercise certain statu- tory powers and duties of coroners. Sec. 1585-a. In the city of New York the powers imposed and the duties conferred upon coroners by the pro- visions of title three of chapter two of the code of civil procedure shall be exercised and performed by the county clerk of the appropriate county, and said county clerk shall, in the exer- cise and performance thereof, be sub- ject to the same liabilities and respon- sibilities as are prescribed in such title in the cases of coroners. [As amended by Chap. 284, Law's of 1915.] Devolution of powers vested In boards of supervisors In New York. Kings, Queens and Richmond counties. Sec. 1586. Any and all of the powers and duties of the several boards of super- visors. heretofore existing in any of the counties within the territory of The City of New York not transferred or devolved upon administrative departments, boards, commissions, officers or other function- aries, are hereby vested in the board of aldermen of The City of New York. The office of comity treasurer , or l amendments thereof, or other law's re- lating to The City of New York and here- in repealed or modified, or under any charter or law relating to any of the municipal and public corporations which • are herein un : ted and consolidated, and pending when this act takes effect, in- cluding the counties of Kings and Rich- mond, may be prosecuted and defended j to final effect in the same manner as ! they might under the laws then existing, unless herein otherwise specially pro- vided; and such actions, suits, proceed- ings or prosecutions may be continued without change of name or title', or on motion The City of New York may ho substituted as plaintiff or defend- ant, as the case may be, in the place of the existing party to whose rights and obligations the | said City of New York has by force of this act succeeded. The corporation counsel shall assume the charge, direc- tion 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 consti- 1 tuted or against any of the municipal and public corporations in this act united and i consolidated shall be in the corporation j name of “The City of New Y r ork.” Powers of corporations consolidated devolved upon The City of New York. Sec. 1615. Upon the taking effect of this act on the first day of January, eighteen hundred and ninety-eight, all the munici- pal and public corporations, except coun- ties, which by this act are consolidated with the corporation heretofore known as the mayor, aldermen 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 I are respectively devolved upon the cor- j poration of The City of New York ns herein constituted and the municipal as- ' sembly thereof, unless otherwise ox- ! pressly provided in this act or by law. And all offices forming part of the local government of the said municipal . nd public corporations and parts thereof in- cluding citic-s, villages, towns and school districts, but not including counties, which, by the first section of this act, are united and consolidated into The City of New' York as herein constituted are hereby abolished as to all the terri- tory embraced within the limits of said city, except as herein otherwise exnress- ly provided. The foregoing does not in- clude the office of recorder of the forme. - City of New York, which is hereby con- tinued under the name and title of -- e- eerder of the county of New York. Forfeiture or Ions of property not worked. See. 1616. Neither the above nor any other provision of this act shall work any forfeiture or loss of any property or rights therein or relating thereto held in trust by said municipal and public cor- porations or any of them, or to which they or any of them are or may be en- titled: and The City of New York as here- in constituted is hereby declared ro be l lie successor in respect of such prop- erly 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 cor- poration may be entitled, as successor, on the some trusts and charged with the sane duties as the municipal or public corporation to which it was granted. Franchises and oilier grants not af- fected. Sec. 1617. Neither this act nor any- thing 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 Don- giin charter, the O'ornbury charter, the Montgomerie charter, by (he confirmatory avt passed ihe fourteenth day of October, seventeen hundred and thirty-two, or by any other charter or act granted to the corporation known as the mayor, aider- men and commonalty of The City of Nevr York, by the state of New York, or grant- ed by said state to the city of Brooklyn or to any of the other municipal and pub- lic 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 nmemlcil, Sec. 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 unmistakablo. Chapter !1-I2 of Ihe Laws of 1S9G not repealed. Sec. 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. Tliis aet a pnblic net. Sec. 1620. This act, providing for uniting into one municipality various communi- ties, including the city and county of New York, the city of Brooklyn, the county of Kings, the county of Richmond, and part of the county of Queens w'ith the munici- pal and public corporations therein, as in this act provided, is intended to he and shall be deemed and held in all courts and jurisdictions to be a public 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, sub- ject 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 tha instrumental- ity of the corporate body herein consti- tuted under the name of “The City of New York.’’ (CIIAPTKIt 4GG, LAWS OF 1901 j , SECTION TWO. ■> r Sec. 2. The several sections of the said chapter three hundred and sevent v-eight of the laws of eighteen hundred and nine- ty-seven, the numbers and titles ot which are set forth in the first schedule annexed io this act entitled “The First Schedule, Sections of the Greater New York Char- ter Repealed,” are and each of them is hereby repealed. The repeal of any of the sections mentioned in the said First Schedule shall not affect or impair any act done or right accruing, accrued or ac- quired, or penalty, forfeiture or punish- ment incurred prior to January first, nine- teen hundred and two. under or by vir- tue of the sections so repealed, hut the same may he enjoyed, asserted, enforced, prosecuted or inflicted as fully and 1o the same extent as if such sections had not been repealed; and all actions or pro- ceedings. civil or criminal, commenced un- der or by virtue of (he sections so re- pealed. and pending December thirty-first, nineteen hundred and one. . -lay be prose- cuted and defended to final effect in the same manner as they might under the sec- lions of i lie said chapter throe hundred and seventy-eight of ihe laws of eighteen hundred and ninety-seven then existing, unless it slial 1 be otherwise specially pro- vided by law. The provisions of this act. so far as they are substantially the same as (hose of laws existing on December thirty-first, nineteen hundred and one, shall be construed as a continuation of said laws, modified or amended according to the language employed in this act. and not as new enactments, and shall be ap- plicable to all matters contained i~ Ch* 189 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK T several sections of the said chapter three hundred and seventy-eight of the laws of eignteen hundred and ninety-seven, which are repealed, modified or amended by this act. References in laws not repealed to provisions of law incorporated into this act and repealed shall be construed as applying to the provisions so incorpor- ated. Whenever by the provisions of this act a section which is repealed hereby and the number and title of which is contained in the First Schedule annexed to this act has been replaced by a section containing the same number, the repeal of the former section shall in nowise affect or impair the full force, ef- fect and validity of the new section so substituted by the same number. SECTION THREE. Sec. 3. The several sections of the said chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-seven, the numbers and titles of which are set forth in the Second Sched- ule annexed to this act entitled “Second Schedule. Sections to remain in force until changed by the Board of Aldermen." are and each of them is hereby contin- ued in full force and effect until the board of aldermen as constituted by the fore- going provisions of this act shall pass ordinances regulating the matters pro- vided for in the said several sections mentioned in the Second Schedule, all of which ordinances the said board of aider- men is hereby expressly empowered to pass. Upon the passing of any such or- dinances regulating the sections respec- tively, such section shall cease to have any force or effect, and the matters pro- vided for in any one of the said same is and shall be repealed. SECTION FOUR. Sec. 4. At the general election to be held in The City of New York in the year nineteen hundred and one there shall bo elected, as provided in the Greater New York Charter as amended by this act, a mayor, a comptroller, a president of the board of aldermen, presidents of the sev- eral boroughs, and coroners and mem- bers of the board of aldermen, and city magistrates in the second division of said city, to the number herein provided, all of whom shall hold office for tile terms and possess the powers and perform the duties specified in said Charter as amend- ed by this act. SECTION FIVE. Sec. 5. This act shall take effect on tha first day of January, in the year nineteen hundred and two. Provided, however, that section nineteen of the Greater New York Charter as amended by this act, en- titled “Aldermanic Districts,” shall taka j effect immediately; and provided that where by the terms of the Charter as hereby amended it is provided that any act shall be done or forbidden prior to January first, nineteen hundred and two, then as to such act this act shall take effect from and after its passage and shall be in force immediately, anything in this chapter to the contrary notwith- standing. And provided, further, that the board of estimate and apportionment as now constituted and the municipal assembly of The City of New York shall during the year nineteen hundred and one make appropriations for the year nine- teen hundred and two, so far as praott- cable, as though this act had fully taken effect at the time of preparing the an- nual budget for the year nineteen liun- 1 dred and two. THE FIRST SCHEDULE Sections of the Greater New York Charter Repealed. Section. Title. 11.. Expense of public schools for the year 1S98. 19.. Council, how chosen; council dis- tricts. I 20.. Term of office of members of the council. 21.. Mayor, an ex-officio member of the council. 2t.. Board of aldermen, how constitut- ed; term of office; vacancies, how filled; salary. 25.. 1..; how president elected and re- moved. ' 43.. Id.; to restrict height of buildings El.. Id. ; licenses to second-hand dealers; penalty for violating ordinance. E2..Id.; designating common jails. E3..1d.; assignment of places for hold- tile courts of general and special sessions and magistrates’ or po- lice courts. 54.. 1..; assignment of places for hold- ing municipal courts. 102. .Department of buildings. 328.. Bureau of municipal statistics. 129. .Bureau; how constituted Section. Title. 257.. 1d. ; other officers; first appoint- ment. 293.. 1d.; absence or disability of. 295.. Police board; president and treas- { urer. 293.. 1d.: duties or treasurer; bond; dep- uty treasurer. 304.. 1d.: regulations of civil service com ruissionet-s. 321. .Witnesses, detention, jurisdiction over. 322.. 1d. ; to provide lodgings for va- I grants, etc. » ! 325. .Applications for medical attendance; registered physicians. 326. .Compensation cf registered physi- cians; certificate, etc.. 327. .Physician to report to department of health. 328.. Nearest physician to be called; pen- alty for refusal to attend. 329.. List of registered physicians to bo! posted. 330.. Hours of service of registered phy- sicians. Section. Title. " 370.. 1..; application of preceding section. 371 .. Disposition of proceeds of sales. 410.. Board of public improvements; how constituted. 411.. 1..; president; salary; powers. 412.. 1.., secretary; office; meetings; quo- rum, etc. 413. .Authorizing public improvements. 415.. Board of public improvements; pow- er with respect to certain sub- jects. 41G..Id. ; to prepare ordinances, etc. 417.. Public improvements; further pro- cedure. 415.. Board of public improvements; power to prescribe rules, etc. 444.. Board may detail employes to as- sist president. 451. .Department branches; where lo- cated. 454. .Engineers’ duties. 456. .Commissioners; powers to appoint and fix salaries. 457.. 1..; other duties. . , 458.. 1..; to organize bureaus, 3.71 130.. Chief of bureau to be appointed by the mayor, 331.. Municipal statistical commission; how constituted. 332. .Meetings of commission; quorum. 333.. Place of meeting. 334 . .Compensation of chief of bureau and his assistants and of the commis- sion. 335.. Power and duties of the commission. 336.. Power and duties of chief ot bureau. 3 37.. Publication of statistics. 13S. .Limitation of expense of maintain- ! ing the bureau of municipal sia- ! tisties. 233. .Salaries of certain officers. 234. . List of persons and salaries no: ' within a OeDartment. 239.. 5.reet sweening contracts to be no- proved by board. 247. Comptroller’s duties. 2SG. .Police force; chief of police; first appolutiucaif , 358. .Elections: powers transferred to po- lice board: board and offices abol ished. 359.. General bureau of elections; con- j trol of; branches 350. . 1d. ; management; superintendent. 361.. 1d.; appointment of chiefs of! branches and assistants; salaries of assistants, detailing members of police force. 3G2 .Id.: officers; terms and. salaries; re- I inovals. j 363. .Id.; employes continued ir. service. 364 .Id ; appropriation for expenses of. 365 . Id.; superintendent the chief execu- j five officer annual "eport. 366. .Id. chiefs o> branches: duties; lo- ept.ion o. offices 367.. 1d ■ election exnenscs a charge against the city. 308.. 1d • existing records nnd property transferred to custody of. 523. .Commissioner of highways; appoint- ment. term, salary. 524.. 1d.; jurisdiction. 555. .Commissioner of sewers; appoint- ment; salary. 556.. 1d.; jurisdiction and duties. 505. .Devolution ot powers of the commis- sioner of street improvements in t lie twenty-third and twenty- fourth wards. 572.. Commissioner; appointment, term, salary, 573 .. 1d,: jurisdiction. , 574, .Consulting engineer; duties. 586.. Former boards to turn over maps, etc., to commissioner. CSS. .Devolution ot powers of former boards. C$1. Employment ot Inmates; articles manufactured; cultivation of lands. 3C?..ld.: superintendent to destroy regis- ! 698. .Classification of criminals and miss tors of electors, ett;, ( _ Uynsauwits; instruction. j j 90 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK i Section. Title. 707. .Commitment of persons convicted of public intoxication, disorderly conduct or vagrancy. 707-a. .Commitments to State Reforma- tory for Women at Bedford. 708. .Superintendent of the Workhcuse; Warden and Sheriff; reports. 710.. Time of Discharge; how to be as- certained. 711. .Discharge of persons committed. 777, 777a, 777b.. Right to survey ; cer- tiorari to review reports of; ex- penses of surveys. 001.. 5pecial provision for taxes of 1S97- 1898. 920. .Enforcing payment of personal taxes; firte may be imposed. 931.. 1d.; order to prosecute; when ope- rates as assignment of bond. 970 to 1011 . .Method of acquiring title in fee, etc. 993. .Subdivision of Dlots. 1061.. 5chool board, how constituted; va- cancies; members to hold no other office except, etc. 1065.. Board of education and school boards to administer funds; ap- portionment thereof, how made. 1066.. 1d.; may direct comptroller to with- hold certain appropriations. 1077.. 1d.; advertising for contracts; se- curity for performance. 1086. .Continuation of yearly contracts with teachers in territory consoli- dated. 1088.. 0ath of appointees to school office. 1059.. 5chool board; organisation; secre- tary and employes; duties and bond of secretary. 1090.. 1d.; powers and duties. 1092.. 1d.; duties of secretary; chief clerk and secretary may administer oaths. 1093.. 1d.; powers to establish kindergart- ens, etc. 1694.. 1d.; power to establish evening schools, etc.; may establish, dis- continue and consolidate schools in boroughs. 1095.. 1d.; power to establish special classes for persons who cannot use the English language readily. 1096.. 1d.; power to establish high schools, etc. 1097.. 1d.; power to create school inspec- tion districts discretionary; mayor appoints inspectors; terms, or- ganizations, etc., of inspectors. 1098.. Duties of inspectors of common schools. 1100.. 1d.; to provide for payment of sal- aries to principals and teachers and for disbursements. 1101.. 1d.; annual and other reports. 1102.. 1d.; power to appoint and remove borough superintendents and asso- Section. Title. ciate superintendents of schools; qualifications. .1104. .School boards; changing grades of schools and classes; fixing stand- ard of qualifications for principals and teachers. 1105.. 1d.; by-laws governing transfers of principals and teachers. | 1106. .Id.; transfer of unemployed princi- pals or teachers. 1307.. 1d ; board of superintendents of the boroughs; how duties regulated. 1108. .General duties of borough superin- tendents and associate superin- tendents. 1109. .Borough board of superintendents; lists of principals, etc., to be kept by; where principals report. 1110.. 1d.; promotion of pupils; transfer of teachers by city superintendent of schools; preferment where schools are consolidated or discon- tinued. 1111.. 1d. ; recommendations of and re- quisitions for text books and scholastic supplies. 1112. .Miscellaneous provisions as to powers and duties of borough su- perintendent, borough board of su- perintendents and principals. 1113.. 1d,; qualifications for special branches. 1116. .Borough superintendents; enforcing compulsory education law, nomin- ating, assigning, suspending and discharging clerks. 1119.. 5chool board of the borough of Brooklyn to control and administer the public school teachers’ retire- ment fund created by chapter six hundred and fifty-six, laws of 1895; composition of fund; retirement and pension of teachers. 1140. .Trustees, number and appoint- ment. i 1190. .Register of records. 1191.. 1d.; and payment for night medical service. 1265. .Complaint to magistrates. 1281. .Parties to suit brought after twelve days; costs against department. 1381. .Delivery of papers, etc. 1382. .Disposition of causes pending in district courts, etc. 1384. .Justices of district courts, etc., to act till February 1, 1S98. 1392 — City magistrates in first division continued. 1393.. 0ffice o'f police justice abolished. 1394.. City magistrate in second division. 1395. .Salary, etc. 3396. .Powers. 1397.. Board of magistrates. 1399. .Transfer of charges. 1400.. Clerks and employes. 1401. .Justices of special session ap- pointed. Section. Title. 1403. .Qualifications. 1404.. Clerks. 1413. .Appeals from special sessions. 1414. .Delivery of papers, etc. 1416. .Pending actions. 1417. .Designation of magistrates. 1418 . .Justices to act. 1435 to 1448. .Relating to acquiring title to real property for public pur- poses. 1493. .Killing or selling certain birds pro- hibited. 1510. .Registered pharmacists only to con- duct pharmacy, etc. 3511.. 1..; qualifications of registered phar- macists. 1512. .Graduates and licentiates defined. 1513.. Board of pharmacy; election; duties. 1514.. Books of registration of phar- macists, etc. 1515. .Pharmacists, responsible for quality of drugs, etc., sold, patent medi- cines, adulteration, etc. 1516. .Poison, retailing of. 1517. .Application of preceding sections to practitioners of medicine and wholesale dealers. 131S. .Fraudulent registration, permitting unlicensed persons to compound medicine. 1519. .Penalties to be paid to College of Pharmacy. 1520.. Boards of pharmacy abolished. 1536. . Retention of office by clerks in pub- lic employ in territory consoli- dated. 1537.. Books, papers, etc., where filed. '| 1570, 1571. .Coroner’s office abolished. 15S8. .Proportion -f the debt of the county of Queens assumed by The City of New York; power of board of su- pervisors 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 to bind that part thereof included in The City of New York restricted. 1592.. Board of supervisors of Queens county not to levy any tax upon 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 county within the city. 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. 1596. .Comptroller of state to apportion Queens county school moneys. 1597.. 5.hool moneys for New York, Kings and Richmond counties to be transmitted to the city. Sections of Charter to Remain in Force Until Changed by the Board of Aldermen Section. Title. 346.. Police board; licenses for nublic ex- hibitions. 547.. 1d.; licenses to emigrant boarding- houses; bond. 548.. 1d.; licenses to bookers of emigrant passengers. 349. . 1d.; liccrses to runners; bonds. 1207.. As to rags, hides and skins. 1208. . Tffisound cotton. 1209. . Unsound articles, or deposited con- trary to order:. 1211. .Penalties for disobedience. 1212. .Offensive trades. 1213. .Filling in lands. . Section. Title. 1214. .Yards and cellars. 1223. .Separate receptacles for ashes and garbage. 1227. .Driving and slaughtering cattle, sheep, swine, pigs or calves regu- lated. 1454. .Municipal assembly to regulate driving, etc. | 1455.. Law of ‘.he road. [ 1456. .Rubbish, nails, etc., not to be thrown ,n streets. I 1457 — Processions and parade:! regula- J tions concerning. ' 1462. .Willfully breaking street lamps, etc. Section. Title. 1463.. 1d.; detaining offender until name ascertained. 1464.. 1d.; preceding sections no bar to suit by person injured. 1465.. 1d.; informer relieved of penalty, etc. 1466. .Definition of ’’street.” 3474 . .Id.; commutation of license fee. 1475. Id.; fees to be paid over to comp- troller. 1477. .Penalty for violating provisions f this title. | 1 478. . Pol'ci*. etc., to arrest offenders. ! 14S1. .Exhibitions on Sundays prohibited Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 191 Section. Title. 1482. .Minora under fourteen unaccom- panied by adult not to be admit- ted to theatres at night. 1484. .Violation of preceding section an- nuls license. 1485. .Violation of any provision of the two preceding sections a misde- meanor. 1486. .Police, etc., to enter places ot amusement and arrest offenders. POLICE DEPARTMENT. Police l>onr«l; licenses for puM.e exhibitions. Sec. 346. The police board is authorized to grant licenses for public exhibitions, in the manner and on the conditions pro- vided in title 2 of Chapter XXII of this act. Licenses to emigrant lioarding- lionscs; bond. Sec. 347. The police board is authorized to grant licenses to persons keeping houses for the purpose of boarding emi- grant passengers. But before granting any such license, said board shall require from such person or persons a bond satis- factory to it, with one or more sureties in the penal sum of $500, conditioned for the good behavior of such person or persons, and the proper conduct of all agents or runners in his or their employ. The police board may revoke any license for cause. The person or persons receiv- ing such license shall pay the sum of $10 a year for such license. Licenses to bookers of emigrant passengers. Sec. 34S repealed by Laws of 1912, Chap- ter 429. licenses to runners; bonds. Sec. 349. The police board may issue li- censes 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 of New j York, or upon any water adjacent there- j to, over which said city has jurisdic- | tion, to solicit patronage for any hotel, ! or inn, or passengers or patronage for any steamer, steamboat, ship, vessel or rail- road, or any person or corporation selling er offering for sale passage tickets, or contracting or offering to contract for ; passage in any such steamer, steamboat, [ ship, vessel or railroad. Such li- ; cense shall be for the period of one j year from the date thereof, and everv person receiving such license shall pay I the 6um of $20 therefor to the police j board, and shall also give to said board a , bond, with two good and sufficient sure- ties in the penalty of S300, conditioned for his good behavior, and the faithful ob- servance by him of the provisions of this section. It shall be lawful for said board, upon an application made prior to the expiration of said license to renew and continue the same year to year, provided j that the applicant therefor continues in all respects qualified, as herein provided, *o hold such license and the said appli- cant shall, upon receiving such renewal, pay into the city treasury the further sum of S12.50 unr annum as a renewal fee. Li- ! ceases and renewals may be revoked at j any time by the said board for any cause | satisfactory 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 'icense under the provisions of this section, who is not a citizen of the United States anc. a person of good genera' character' such fact tc be proved to the satisfaction of the polle* hoard. Paid hoard shall rentier t.c f he controller of said city quarterly accounts of all moneys received bv it under the provisions r.f ‘his section, and the amount so received shall be paid over by sa>d board into the city treasury. I DEPARTMENT OF HEALTH. ORGANIZATION, ADMINISTRA- TION, AUTHORITY DUTY AND POWERS OE DEPARTMENT. I 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 discontinuance of said trade or business, and the removal of all offensive or unwholesome materials or things appertaining to said trade or business. As to rases, hides and skins. Sec. 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 pack- ing or unpacking 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 other- wise. Unsonml cotton. Sec. 120S. It shall be the duty of the master and owner of every vessel that shall have brought cotton into the city between the first day of May and the first day of November in any year, and of the owner and consignee of such cotton, if upon examination it shall appear dam- aged, or otherwise unsound, to make an immediate report thereof to the board of health. Every master, or owner, or con- signee refusing or neglecting to perforin the duties so enjoined, shall, for each offense, forfeit to the board ot health the sum of five hundred dollars, to be recovered in a civil action by said board Unsound articles, or deposited con- trary to orders. Sec. 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 keep- ing, preparation, packing or repacking thereof, at the time or times when such prohibition shall be made, shall be re- ported forthwith by the owner or person having charge thereof to the health de- partment, that the same may be ex- amined, and, if necessary, 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 sani- tary 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. Pennllics of disobedience. Sec. 1211. Every person who shall re- fuse or neglect to obey the directions of the preceding sections or of the board of health pursuant thereto, in relatiou to provisions, putpid and other offensive articles therein mentioned, shall !*■ con- sidered guilty of a misdemeanor, and, on conviction, shall be subject to fine and imprisonment, or both, at the discretion of the court. Such fine shall not exceed one thousand dollars and such imprison- ment shall not exceed two years. Offensive trades. Sec. 1212. It shall not be lawful for any person or persons, incorporated or unincorporated, to carry on, establish, prosecute, or continue, within The City of New York the occupation, or trade, or business of bone boiling, bone burning, bone grinding, horse skinning, cow skin- ning, or skinning of dead animals, or the boiling of offal, and any such establish- ment or establishments, or places of such business existing within said ity, shall be forthwith removed out of said city, an 1 such trade, occupation or business shall be form with abated and discontinued, provided that nr thing in the section con- tained shall apply to the slaughtering or dressing of animals fo’’ sale in said city. It shall be the d.ut.v of the board of health to ascertain whether any such trade o>- business is carried on. or con- tinued, or established, within the limits Pilling; in land. Sec. 1213. It shall not be lawful for any person or persons, incorporated or unin- corporated, 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, or any portion thereof, with garbage, dead animals, de- caying matter, or any offensive and un- wholesome material, or with dirt. ashe3 or other refuse, when mixed with such garbage, dead animals or portions thereof, decaying matter or offensive and unwhole- some material. Any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be pun- ished by a fine not exceeding one hundred dollars, or imprisonment not exceeding six months, or both. The board of health is hereby empowered to institute prosecu- tion and suits for penalties for the viola- tion of the provisions of this section and this act. Ynrdfl nnrt Cellnrfc, Sec. 1214. The board of health shall have full power and authority to make such bylaws and ordinances as said board shall, from time to time, deem necessary and proper, for the filling, draining and regu- lating 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 regu- late, and, also, for causing all such lota 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 ail sinks and privies within the said city, and for directing the mode of constructing them in future, and for causing subterran- eous drains to be made from the same, when said board may think it necessary. Separate receiiineles for ashes and Sarliage. Sec. 1223. The board of health shall cause to be enforced the provisions of the sanitary code requiring that separate re- ceptacles be provided for ashes and rub- bish, and for garbage and liquid sub- stances, aDd forbidding that they be placed or kept in the same veceptacle, 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 ilie 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 pro- visions of said code and of the city ordi- nances relative to the cleanliness of the streets; and the board of health is empow- ered to institute prosecutions and suits for penalties for the violation of any such provisions. Driving: nn«T ulnnKliterlng entile, Hlieep, swine, pigs or calves regu- lated. Sec. 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 ot healtii may. by ordinance, prescribe, nor shall it be lawful, to slaughter nny cattle, sheep, swine, pigs or calves in The City of New York, excepting in buildings located upon or near the water front, and so cou- 102 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK •tructed 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 j upon the premises or the immediate re- ; moval 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 j 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 ex- I cept under and pursuant to the terms of a permit in writing from the board of health; nor shall any building be erected or converted into cr used as a slaughter j house until the plans thereof have been j duly submitted to the board of health and approved in writing by the said board. GENERAL STATUTES. THE STREETS. Municipal assembly to regulate drlv- Ins', etc. Sec. 1134. The municipal assembly is hereby authorized and empowered 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 regu- lating the use of the streets in said city by foot passengers, vehicles aDd animals. Any person violating any ordinance so passed shall be deemed guilty of a misde- meanor, and upon conviction thereof by any magistrate either upon confession of the party or competent testimony, may lie fined for such offense any sum fixed by such ordinance as a penalty not exceeding $ 10 , and in default of payment of such fine may be committed to prison by such mag- istrate until the same be paid; but such imprisonment shall not exceed ten day3. Until the municipal assembly shall pass ordinances regulating the matters which by this title it is authorized to regulate, the laws and ordinances now applicable to such matters in the different parts of The City of New York, as constituted by this act, shall continue and remain in full force and effect. l,aw of file road. Sec. 1455. In ail cases of persons meet- ing 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 th9 carriages, wagons, carts, bicycles, tri- cycles of sleighs so meeting to pass eacit other, upder 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 refusing to turn to the right, as above directed, shall be con- sidered 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. Rubbish, nails, etc., not to be thrown in the streets. Sec. 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, vege- , tables, garbage, dross, cinders, shell3, 1 straw, shavings, paper, dirt, filth or rub- | l.dsb of any kind whatever, in any street In The City cf New York. The willful ; violation of any cf the foregoing provi- sions of this section shall be and i3 here- \ b” declared to be a misdemeanor, and •nail be punished by a fine o' not >*-i than one dollar, nor more than ten dol- lars, or by imprisonment for a term of not less than one, nor more than five days. It shall be a misdemeanor, punishable by a dine of not more than five dollars for the first offense nor more than ten dollars for the second offense, and for the third of- fense. not less than twenty-five nor more than fifty dollars, or by imprisonment for not less than three nor more than thirty days, or by both such fine and imprison- ment, for any person being the owner or the agent, or the employe of the owner of any truck, cart, wagon or other vehi- cles, or of any box, barrel, bale of mer- chandise, or other movable , property, to leave, or suffer or permit to be left, such truck, cart, wagon or other vehicle un- harnessed 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; but a truck, cart, wag- on or vehicle for which a permit shall have been issued under the provisions of this act, may lawfully occupy, between the hours of six o’clock in the evening and seven o’clock in the morning, and on Sundays and legal holidays, but at no other time, and in such case only so long as said permit remains in force under the provisions of this act, the particular por- tion of any, street, designated and de- scribed in said permit, and also except that in case of an accident to a truck, cart, wagon or other vehicle, the own»r or driver of said truck, cart, wagon or other vehicle, if it be disabled by such accident, shall bo allowed a reasonable time, not exceeding three hours, to re- move it. Every person who shall willfully throw, expose or place, or who shall willfully cause or procure to be thrown, exposed or placed in or upon any street in The City of Now York, open for the passage of ani- mals, any noils, pieces of metal, glass or other substance or thing which might maim, wound, lame, cut, or otherwise in- jure any animal, shall be guilty of a mis- demeanor. Every person who shall willfully throw, expose or place, or who shall 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, except upon the curves, crossings or switches of railroad tracks, any salt, or saltpeter, for the purpose of dissolving any snow or ice which may have fallen or been deposited thereon, shall he guilty of a misdemeanor. Processions and parades; regula- tions concerning;. Sec. 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 na- tional guard and the police and fire de- partments, and associations of veteran soldiers) are forbidden unless written notice of the object, time and route | of such procession or parade be given by i the chief officer thereof, not less than six ! hours previous to its forming or march- [ ing, to the police authorities of the city, and it may be lawful for said police au- thorities to designate to such procession i or parade how muck of the street in width j it can occupy, with especial reference to 1 crowded thoroughfares through which ! said procession may move, and, when so | designated, the chief officer of said nro- j cession or parade shall be responsible [ that the designation is obeyed; and it shall be the duty of the police authors- j ties 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, j lr. any street of the city, excepting only funeral processions engaged in the actual [ burial of the dead, and processious to and from any place of worship In connec- tion with a religious service there cele- brated, are forbidden; and in no such excepted case shall there be any music, fireworks, discharge of cannon or fire- arms, or other disturbing 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 cele- brated. Every person willfully violating any provision of this section or any ordinance passed by the municipal assembly pursu- ant to the last preceding section shall be guilty of a misdemeanor punishable with a fine not exceeding twenty dollars or im- prisonment not exceeding ten days, or I both, at the discretion of the court. Willfully breaking street lamps, etc. Sec. 1462. If any person shall willfully 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 abet- ting in the same, or shall willfully 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 magistrate, either by the confession of the party or by the oath of one or more credible wit- ness or witnesses, he or she shall, for every such offense, pay a fine not ex- ceeding twenty-five dollars. Upon refusal of payment of such fine, it shall and may be lawful for such recorder or justice, be- fore 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 tho space of two months; and if any such offense shall be committed by any apprentice or servant, such for- feiture shall be paid by his or her mas- ter or mistress, or in default thereof, such apprentice or servant shall be committed to such penitentiary i j t anner aforesaid. Detaining offender until name as- certained. Sec. 1463. It shall and may be lawful to and for any sheriff, deputy sheriff, mar- shal, 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, se- cure and detain such offender so un- known to him as aforesaid, until he can discover the name of such offender, or until the next morning (if the offonso '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 police justices or city magistrates, who, on conviction of such offender shall proceed against him or her in the man- ner 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 fore®, then every such sheriff, deputy sheriff, marshal, or member of the police foro« shall forthwith give information thereof to such recorder or either of the police justices or city magistrates, in order that such offender may be convicted thereof and punished. Preceding section* no bar to suit by persons injured. Sec. 1464. Neither the two preceding sections, nor anything therein contained, shall bar or preclude any person or per- sons from recovering his. her or their damages against any other person or per- sons who shall be guilty of any of the mischiefs or trespasses aforesaid, tut the same may he recovered in the same man- ner as if they had never been passed. Informer relieved of penalty, etc. see. 1465. If two or more persons shall have been jointly concerned in commit- r Eagle Library— THE CHARTER OF THE CITY OF NEW YORK 193 ting any of the offenses aforesaid, and cno or more of them (not being before informed against) shall within the space of one mouth after the offense committed, inform against any or all of the other or others concerned In the same offenses, so as to convict him, her or them, the person so informing shall not be liable to the payment of tho hue hereinbefhro mentioned. Definition of “street.” Sec. 1466. Whenever the word “street” or the plural thereof occurs in this chap- ter, it shall be deemed to include, unless otherwise expressly stated, all that is in- cluded by the terms “street, avenue, road, alley, lane, highway, boulevard, concourse, public square and public place,” or the plurals thereof, respec- tively. sonic hall and asylum, or other charitable purpose, nor to the educational alliance, or to tho directors or officers of said so- ciety as such with respect to any build- ing which shall in whole or in part be owned or leased, by said society, while so owued or leased so long as the revenue thereof shall continue to be applied to the support of said society and to the relig- ious, charitable, social, educational or literary purposes of said society. Exhibitions on Sundays prohibited. On December IS, 1907, tho Board of AD dermen passed tho Doull Ordinance, which so amends Section 1481 of tho Greater Now York Charter as to permit certain Sunday concerts and entertainments. The ordinance follows: Sec. 1481. Be it ordained by the Board | of Aldermen of The City of New York as follows; AMUSEMENTS. Commutation of license fee. Sec. 1474. The Tolice Department is hereby authorized to grant licenses for exhibitions or performances, as provided for in Sections 1472 and 1476 of the Greater New Y'ork Charter, for any term less than one year, and in any case where such license is for a term of one month, or less, the said Police Department i3 hereby authorized to Commute for a sum less than five hundred dollars ($500), but in no case less than two hundred and fifty dollars ($250) for a theater, or fifty dol- lars ($30) for a circus, concert room or other building or place whatsoever. Adopted by the Board of Aldermen Feb- ruary 14, 1911. Fees to be paid over to comptroller. Sec. 1475. Upon granting every such li- cense authorized by this title, the said police department shall receive from the person to whom the same shall be grant- ed the amount payable for said license, as above provided, which amounts as re- spectively received by it shall be paid over to the comptroller of The City of •New York, to be paid into tho treasury of said city. I’enalty for violating provisions oi this title. Sec. 1477. Any person violating any of the provisions of sections 1472 and 1476 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 mouths nor more than one year, or by a fine not less than $100 nor more than $500, or by both such fine and imprisonment. J’oliee, etc., to arrest offenders. Sec. 1478. It shall be the duty of every Rheriff, deputy sheriff, constable 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 per- sons violating any provisions of sections 1472 and 1473 of this act. forthwith, be- fore any city magistrate or recorder hav- ing jurisdiction in said city, there to be dealt with according to law. /’receding sections not applicable to certain performances. Sec. 1. It shall not be lawful to exhibit on the first day of tho | week, commonly called Sunday, to ; the public, in any building, gar- den, grounds, concert room or other room or place within The City of Now York, tho performance of any tragedy, comedy, opera, ballet, farce, negro min- strelsy, negro or othe r danciDg, wrestling, boxing, with or without gloves, sparring contest, trial of strength, or any part or parts therein, or any circus, equestrian or dramutic performance or exercise, or any performance or exercise of jugglers, ! acrobats, club performances or rope dancers. Provided, however, that nothing herein contained shall be deemed to pro- hibit at any such place o r places on the first day of the week, commonly called Sunday, sacred or educational, vocal or instrumental, concerts, lectures, ad- dresses, recitations and singing; pro- vided that such above mentioned enter- tainments shall be given ia such a man- ner as not to disturb the public peace, or amount to a serious interruption of the repose and religious liberty of the com- munity. Any person wilfully offending against the provisions of this section, and every person knowingly aiding in such exhibitions, except as herein pro- vided, by advertisements or otherwise, and every owner or lessee of any build- ing, part of a building, grounds, 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, except as herein provided, or assent that the same be used for any such purpose, shall be subject to a pen- alty of $500, which penalty the corpora- tion counsel of said city is hereby au- thorized, in the name of The City of Now York, to prosecute, sue for and recover, and on the recovery of a judgment for the penalty herein provided for against any manager, proprietor, owner or lessee, consenting to or causing or allowing, or letting any part of the building for the purpose of auy exhibition or performance prohibited by this ordinance, the license which shall have been previously ob- tained by such manager, proprietor, owner o r lessee, is of itself vacated and annulled. Sec. 2. This ordinance shall take effect immediately. — Adopted by tlie Board oi Aldermen, December 17, 1607. Approved by the mayor December 19, 1907. Sec. 1480. The provisions and require- ments of sections fourteeu hundred and seventy-two to fourteen hundred and •seventy-nine of this act, inclusive, shall not be hald to apply to any building, ball, room or rooms, in which only private meatricals, tableaus 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 Jfew York, or to the trustees of the ma- sonic hall and asylum fund, so long as the revenues of said templo shall con- t.uue t'j be applied to the use of the ma- .Minors under fourteeu unaccom- panied l»y adult not to l»e admitted to theaters at night. See. 1482. It shall not be lawful for any owner, lessee, manager, agent or of- ficer of any theater in The City of New York to admit to any theatrical exhibition I held iu the evening any minor under the j age of fourteen years, unless such minor 1 is accompanied by, and is iu the care of some adult person. Any person violat- ing the provisions of this section shall be guilty of a misdemeanor, and shall be liable to a fine of not less than. $25. nor more than $100, or imprisonment for a term not less than ten nor more than ninety days for each offense. All money recovered under the provisions of this sec- tion, for fines shall be paid over to tb« comptroller of said city to be paid into the treasury of said city. Prohibition of sale of spirituous P- Muors and employment of female waiters. Sec. 1483. It shall not ho lawful ta sell or furnish any wine, beer or strong or spirituous liquors, to any person in the auditorium or lobbies of any place of exhibition or performanco mentioned in section one thousand four 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 Us discre- tion, and subject to such regulations and restrictions as it may determine, permU the same to be sold or furnished while concerts, consisting of vocal or instru- mental music only, arc being given In a place duly licensed by it as hereinbefore provided. Such permission shall only b’-. operative so long as it shall bo lawful under the laws of this state to sell or furnish wine, beer, or strong or spiritu- ous liquors at such place, and may be re- voked at any time by the police depart- ment. It shall not be lawful to employ or furnish or permit or assent to the employment or attendance of any female to wait on, or attend iu any manner, or furnish refreshments to the audience or spectators or any of theta, at any of th* exhibitions or performances mentioned iu said section, or at auy other place of pub- lic amusement iu The City of New York. The provisions of Ibis act shall not be construed to Interfere with tho right of any incorporated or other society, organ- ized and maintained for the cultivation of vocal or instrumental music, to ex- ercise and practice tho same iu good faith for themselves only, and not lor the observation and entertain- ment of the Dublic; nor shall the use or occupation by any such society for the purposes aforesaid of any hall or room conuected with any place wherein by the laws of this state it is lawful to sell wine, beer, or strong or spiritous liquors be construed to make such place a plac* of public amusement within the provis- ions of this act, ^ Violation of preceding' section an- i n uls license. i Sec. 1484. No license shall be granted for any exhibition or performance given in violation of the preceding section, and any and every exhibition or performanco at which any of the provisions of tho said section shall bo violated, shall of itself vacate and annul and render void and of no effest any license which shall have been previously obtained by any manager, proprietor, owner or lessee consenting to, causing or allowing or letting auy part of a building for the purpose of such ex- hibition and performance. Violation of any provision of tli» two preceding; sections a misde- meanor. See. 1485. Any person violating any c( the provisions of the two preceding sec- tions, or employing, or assenting to the employment or attendance of any person contrary to the provisions of said sec- tions, shall bo deemed guilty or a mis- demeanor, and upon conviction shall be punished by imprisonment in the peni- tentiary for a term not less than three months, nor more than one year, or by ajine not less than $100 nor more than $500, or by both such line and imprison- ment. amusement and arrest offenders. Sec. 1486. It shall be the duty of the sheriff, deputy sheriff, constable arid of every member of the police force to enter at any time said places of amusement, and to arrest and convey any person or 'per- sons violating any provision of tho three preceding sections, forthwith, before aar city magistrate, or recorder having juris- diction in said city, there to be dealt with atwrding to law. 194 Eagle Library— INDEX TO CHARTER OF THE CITY OF NEW YORK. Index to the Charter of the City of New York. Note — The Table of Chapter Headings on Pages 3 and 4 will be found helpful. ^ Sec. Abandonment ca*eB ............ <585 Abatement suits 1.2S7 Accident or sickness, provisions for 670 Acquisition of Lands, etc., for Public Pur- poses: Agreement with owner 1,436-b Amendments to defects ...1,445 Appeal 1,442 Board of Estimate and Apportionment to approve 1.430a Commissioners of Estimate, Powers, etc., appraisal and oath 1,437-1, 137a Controller to furnish clerks, etc 1,445 Corporation Counsel to appear 1,440 Deposit of report and payment of awards 1,440 Entry upon, etc 1,436 Maps to be prepared 1.436 Notice of proceedings 1,436a Owners, unknown, infants, etc 1,441 Payment of awards and expenses, source of l, t 47 Powers of commissioners 1,444 Proceedings exempted 1.443 Procedure l/i?,5 Report, confirmation and filing. . .1,438-1, 438b Removal, etc., of commissioners 1,443 Title vested by resolution l.'»39 Acts applicable to New York City 1.61C Act to take effect January 1, 189S 1,511 Act (present charter) in effect January 1, 1^1 page 178 Administrative departments enumerated.... 06 Ascertainment of compensation for damages and assessments for benefit, by Supreme Court, without jury 990-1,016 Amendment of defects, etc., by court 994 Appeal to Appellate Division 995 Appeal to Court of Appeals, authorized.. 996 A Iclmnen, Board of 19 i Aldermanic districts 1,620 p Aldermanic districts 19 BonJs, power to require 55 Budget, special meeting to consider... 226 ’ Celebrations additional allowances, etc "9 Certain ordinances and resolutions..., 30 , City clerk, appointment by board 2S Commissioner of deeds, power to ap- point 58 Contracts, restrictions on 417 Corporate stock, to issue certain 169 Election of 18 Fire apparatus houses, power to locate 6i Former board’s power preserved 42 Heads of departments as members 25 [ Height of buildings restricted 407 Investigating committees, power to Appoint 54 [ Journal 35 !*■ Majority vote for ordinances, etc 39 Members barred from other city em- P ploy men t 36 r Members, how elected 18 Ordinances for certain purposes 49 $ Power to acquire additional water- works 8 Power to gran* franchises, etc 45 ' Power to make or change certain i ordinances 43 i r Power to provide for parks, bridges, docks, schoolhouses, etc 47 Powers, general 44 President, as acting Mayor 23 President, how chosen, and powers..., IS Publication of ordinances 57 Qualifications of members 20 Quorum of 18 Rules of proceeding, etc 21 Salaries, power to fix certain 56 Salary of President 18 Serjeant-at-arms, etc 27 Elections to remain in force till re- pealed by 1620 Sec. Special meetings, called by Mayor, etc. 37 Special revenue bonds, appropriation for 1S7 Streets, power to control 50 Steamboats, etc., power to regulate 52 Street trades, power to control hi Time of meeting 22 Time of meeting 37 Terms of Aldermen IS Time limit for vote on bonds for fran- chises 48 Trustees of public property 59 Vacancies, how* fiiled 18 Violations of law by 60 Water fronts, etc., control of 83 Water supply, rents for 473 Ambulance Service, Board of 693A-1 American Female Guardian Society. See Department of Education. American Museum of Natural History 613 Appointments, certificates of 1547 Appropriations for certain institutions 230 Appropriation for Memorial Day 245 Appropriations, transfer of 237 Aquarium 613 Armories, etc., leases of 217 Armory Board, duties of 1565 Arrests without w*arrant 337 Art Commission i Members of commission, how chosen. etc ..633-634 Officers 635 Offices 636 Removal or relocation of works of art.. 639 Time for decision limited 638 Works of art to be submitted and ap- proved 637 Assessments. See Taxes and Assessments. Assessment lists filed 159 Association for the Benefit of Colored Or- phans. See Department of Education. Auctioneers, licensing, etc 34 Auditor of accounts 15J B Barber shops may be open on Sunday 11535 Bastardy proceedings 634 Baths, floating, sites for S34 Bellevue and allied hospitals 692 Blind, relief of 676 Board of Ambulance Service 693A-1 Board of Education. See Department of Ed- ucation. Board of Parole 69S Bonded debt, payment of, by Sinking Fund Commissioners 313 Bonds and corporate stock, general 163 Bonds and stocks, bids for 182 Bonds, city may issue where component parts thereof have been authorized to do so 179 Bonds for city employes 55 Bonds for state taxes 186 Bonds for various public works . 47 Bonds, furnished by any responsible co 1557 Bonds, general fund; redemption of 322 Bonds, redemption of certain 124 Bends, registry them-- 7 172 Bonds, special revenue 188 Bonds, to be issued in multipies of ten 171 Bonds, time limit for vote on 48 Boundaries, changes of 1582 Bribery by city officials 1533 Bridges, Plants nn«I Sfruclorcs, De- partment of: Brooklyn bridge, a public highway 598 Commissioner of appointment and sal- ary 594 Daily report to Controller 596 Jurisdiction, etc 595 Crimes on bridges, concurrent jurisdic- tion 599 Devolution, of power SJ1-G02 gee. Employes of Brooklyn Bridge retained. 597 Head of Department 196 Penalty for injuring bridges..... * ,,ft Brooklyn Bridge, appropriations for 242 Brooklyn Bridge, a public highway 53® Brooklyn, deputy fire commissioner. 721 Brooklyn Institute of Arts and Sciences.... 613 Brooklyn unpaid taxes, etc -"31 i Buildings, Bureau of. I Books and plans to go to Presidents 416 | Board of examiners 411 I Kules and regulations 40J Superintendents. Accounts to be kept by 414 Appeals from their decisions 4ll Power to -vary laws 416 Qualifications, duties, salaries, etc 405-406-497 F.ecords of applications to be kept by. fl. Building code 4. , Buildings, height of 477 Bureau of street openings 234 Boroughs. Boundaries of 4 Budgets and taxes for 1898 1* Buildings for public offices 385 Commissioner street improvements 23d Ward removed 387 Debts assumed by city 5 Debts, creation of new ones 1 Devolution of powers of former offi- cers 388-389 Engineers and architects 385 Former funds payable to city 4 Lighting, contracts for 539 Not to become indebted * Maps, etc., to be given to president 389 Partial annexation, effect of S Pavements, removal of, etc .. 391 President, qualifications, duties, etc.’, 382-384-974. -975 Recording and indexing instruments 1572-1576.V Sewerage works, contracts for 893 Sewers, lateral, construction by private owners 49# Sewers, overflow 39<_ Sewers, penalty for injuring 393 Sewers, power to acquire land for 396 Sewers, president may buy materials for. 393 Sewers, private 395 Sewers, temporary 394 Taxes equalized (exceptions) 5 Taxes for 1S9S It Cab (etc.) fares 51 Canal boats, dockage for, etc 854 Canal boats, territory appropriated to S54a Canal boats in East P.iver 82't Canals to be kept free 383 Celebrations, additional allowances, etc.... 39 Cemeteries in Queens County 1539a Chamberlain: Appointment of 104 Bond of 194 Duties, general 10.7 Fees 19® Public moneys, care of 195 Salary of . 196 Takes place of county treasurers.... 197 Charitable institutions, appropriations for.. 240 Charities, Department of Public: Accident or sickness, provision for 67) Bellevue and allied hospitals, trustees, jurisdiction, etc 692 Children, commitment of 665-6S7 Commissioner: Abandonment cases, to have charge of. etc 685-591 Accounts, etc., to keep 474 Appointment of, office, salary, 'etc.. Eagle Library-INDEX TO CHARTER OF THE CITY OF NEW YORK, 195 Sec. Bastardy proceedings, control of, by.. 684 Blind, may provide relief for 676 Board of Inebriety 693 \ Children, indenturing of 664 Cremation, power to order 673 J Deputies, appointment of, etc 639 "Existing laws retained 663 Inmates of institutions, classification V of, etc 663 Insane, care of, by fi 7L Head of department 103 * Jurisdiction over certain public in- stitutions 660 May enlarge or alter public insti- tutions 673 May request assistance from correc- tional institutions 677 Non-residents in city hospitals, care of ■ 678 Overseers of poor, etc 662 ^ Paupers, control and discipline of.... 682 Potter's fields, enlargement of 6.3 Private institutions, payment to and / oversight of . 661 \ Record of inmates, etc . to keep 669 Regulation of departments by 639 • Reports and requisitions from subor- dinates 679-80 Supplies, to advertise and contract for S<5 Support by relatives, to enforce 683 Charter, a public act, etc 1,620 Children’s Aid Society Schools. See Depart- ment of Education. Children’s Courts 3.399-1.418-1.419 Children, indenturing or commitment of 664 Churches exempt from taxation 904 City Clerk: Appointment by Bd. Aldermen 28 Auctioneers, to license 34 Commissioner of Deeds Clerk, power to appoint 5S ' Custodian of public documents 32 Deputies and clerks 33 Fees 2S Keeper of seal 31 Records open for inspection 31 Report for City Record 29 Salary 33 Signature necessary 31 Successor in case of sickness 31 City’s finances, statement of 161 City hospitals, care of non-residents in... 67S City magistrates 1,392 City officers not to be interested in munici- pal contracts 1,333 City officials subject to examination on charges 1,534 City property, rights to. inalienable 71 City Record: Advertisement of legal proceedings. etc 1,526 Canvass of votes, to publish 1,528 Certain publications 1,539 List of city employes, to publish 1,528 Plumbers, to publish, list of 1.52S Supervisor of 1,527 City Record. Board of 1,526 Printing, stationery, etc., to contract for.l,52S Civil Service CommJss'on (city) 123 Ci^il Service, veterans -ft 127 Claims against ci.y 261 Code of Ordinances amendments, (See Eagle Library No. 194) Claims against city 149 Collector of Assessments and A^r^ar* 131 Collector of city revenue and Sup*. of Mir* ket* 151 College of City of New York. See Depart- ment of Education. Columbia College, grounds protected 972 Commercial Paper During Epidemic, Person* In affected district to register, etc 1,499-1.504 Commlsloner of Deeds 63 ( ’ommlssloner of Accounts .119 Controller, . See Finance. Department of. Cotnmilsow-y education law 1.07S Condemnation, eoet* in 265 Consolidated *toc kh, a charge upon Sinking Fund 213 Contagious diseases, prevention of 236 Contesting office 241 Sec. Controller. See Department of Finance. Cornbury charter 1,617 Coroners 1,570-1.571 Corporate stock notes 189 Corporation Counsel, general duties. .. .253-977 Corporation newspapers 1,326 Corporations, municipal and public devolu- tion of powers 1,615 Correction, Department of: Board of parole 698 Commissioner: Accounts, etc., to be kept by 702 Alterations and repairs of buildings.. 713 Appointments, powers, salary, etc.... 694 Buildings may be repaired, etc., by.... 714 Deputies, may appoint 691 Criminals, etc., classification of 691 Criminals, ecc., power over 697 Employment of inmates 70*1 Fines for intoxication, etc., to be turned over to 706 Hart’s Island buildings, control of.... 695 Head of Department 104 Hours of labor, discipline, etc 702 Indeterminate sentences 710-711 Inmates to work in other departments. 701 Institutions under jurisdiction of 693 Intoxication, disorderly conduct, va- grancy, eic., penalties for 707 Matrons, commissioner may appoint; duties of 71"> Grades, salaries of 716 Present, continued in office 717 Misdemeanants, confinement for obser- vation (new) 712A Probation officers, duties of 707 Prostitutes, may be sent to Bedford.... 707- A Records of Inmates of institutions, to keep 699 Record of persons committed, etc., to keep 709 Requisitions for supplies 703 Biker’s Island building, etc., control of.. 696 Subordinates must report to 706 Supplies, may advertise for, etc 704 Transfer of Inmates 712 Workhouse, superintendent of, to report to 70S County clerks, duties 1585a County officers’ salaries 1583 County officers under state 1584 County tax, how levied, etc 1595 County treasurer, office of. abolished 15S7 Court*: See new title 4. pages 124 to 133 relative to proceedings in sLreet and property actions. City Court of New York. Justices of, etc 1343-134G Marshals. Appointment by Mayor, term, etc.. 1425-1427 Continued, etc 1424 Persons pretending to be 1430 Powers, duties, etc 1428 Queens and Richmond 1426 Removal of 1429 Municipal Court. Abolition of former courts 1330 Actions by State or City, summons in.. 1384 Actions. ln district brought 1370 Appeals from 1367 Board of justices, powers, etc 1374 Clerks and assistants 1373 Clerks, removal of 1383 Clerk to administer oaths 1378 Creation of 1351 iT!®trlcts, division of boroughs 1358-1563 j irlsdictlon of 1364 Jjstlces, to administer oaths 1379 Justices, election, qualifications, oath, salary, terms, vacancies 1352-1357 Justices may us9 court-houses 1.5S0 Order of business, etc 1,375 Procedure, <*tc ..1,369 Process 3,568 Beals .; : 1.272 Supreme Court rule.i applicable, 1,377-1,431-1,453 Where held 1,271 Cremation, lu certain case* 673 Contract* and Local Improvements: v Aldermen restricted 417-418 Certificate of completion to be filed., 421 ^ Controller to pay contractor* 422 Deposits to accompany bid.. 420 Territorial, operation of 1.538 Work and supplies 419 Control of fraBChise grants 75 D Damages for street opening., etc.... 174 Dance halls, public 1439-1434 Day Nurseiies 69l-a Deficiencies, payment of certain 232 Deficiencies under Chap. 181, Laws of 18*0.. 232 1 Defrauding city l,S ; i| i j Departments, general administration of the. Appointing power, heads of 1..4S City employees, reinstatement 1,5433 Suspensions 1,569 a Documents for taxpayers 1,5»* Power of heads of 1,541 Public records to be kept 1.54* Department reports to mayor 1,544 Useless records, destroy 1,543 a Vacations of employees 1,567 Discontinuance of a proceeding by court . 993 Docks mill Ferries, Department oft Canal boats, dockage for, etc.... 854 ana Canal boats, snips may riot occupy their Piers, penalties 856, 857, 86. Certain suostances no' lo be dumped..., S59 Commissioner. Annual expenses limited *2* Animal reports to mayor 82* Appointment, salary, etc. 82* A-ssisiants, clerks, etc., to S-* Canal boars, exemption of 82* Contracts, etc., to be approved by Sinking Fund Commissioner $16» Deputy, appointment by, salary, etc... si* Dock masters, duties, ecc 817-841 Dock master to report to 86* Docks for street cleaning department and Board of Health, may designate S3* Ferries, leasing of. etc., by 82* Fire dep’t water front, may provide.. 858 Fish trade, sheds for 871 bloating baths, may provide sites for 834 Head of department If# Jurisdiction, powers, duties, etc..... 817-81* Lands under water, acquired from state by 831 Obstructions, to be removed by, etc. .843 853 Offices, maintenance of by 8i'» Oyster business, to be regulated by..-.. 82* Piers, docks, etc., to contract tor and build Sa Recreation piers, may provide *37 Rules for government of warehouses, etc., may establish 827 Seal of *iil Snow and ice tray be dumped from piers 87* Water front, to authorize, surveys of. 820 Water may be deepened by 83* Wharf property, purchase of by 823 Acquirement of certain 825a. 823d, 82* Wharfage and dockage charges, to regulate 825, 825* Wharf property, acquire S21A Derricks may be erected on wharves... 83» Docks and piers for garden produce, etc 85* False personation of dock master 86* Floating docks authorized 870 Harlem River, certain improvements..., 877 Injuries to vessels at wharf ends 87* Land under water, grants of 87* Markets and wharves, public 83* Piers, slips and wharfage. Offices abolished (harbor master, cap- tain of port) 847 Sheds, etc., may be built on piers St* Storehouses, etc., not authorized 84* Wharves must not be used as dump- ing grounds 845 “Property” and “wharf property” de- fined 833 Stations for vessels, penalties 867 Scows to receive ashes, etc s8l Wharfage and dockage rates 85* Cana: boats with brick S61 Clarn or oyster boats 86a Goods on wharf Rates must be printed on bill 863 Wharves, manner of letting 8C7a Water front, pians and restrictions for. SI 9 Waters in port of New Xorlt se* Dogs, keeping of g, Drains, issue of bonds for., j?* E Education, Department nfi Bo«rd of Education. Anniversary Day. a holiday in schools. .1,161 Appropriation for school funds 1,084 Associate city superintendents 1,079 Auditors 1,087 Accounts of. etc., to be kept by 1,097 Annual report to State Superintend- ent and Mayor 1,094-1.093 Apportionment for schools accidental- ly omitted 1,135 Board of superintendents, appointed by. 107* Books, etc., to be purchased by Board. 1,07* Branches, buildings, to provide 1,071 Buildings, etc., for use of 1,9*C * 19G Eagle Lib'rafy— THE CHARTER OF THE CITY OF NEW YORK Ed neat ion, Department ofs (Continued) Sr>c. , Clerks, officers, etc., to appoint...... ..1,087 Corporate powers. Board to have 1,002 ■A Estimate of expenses, to submit 1.004 ^ Executive committee, powers, etc 1.062 . Former boards, to succeed 1,058 Grades, courses and classes, change je of, by 1,084 Head of department 108 - Janitors, appointment of. by 1,074 Members, duties, salaries, etc.. l,0Gl , Nautical schools to be established by. 1,197 4 New York Institution for the Blind, provision for 1,161 e Personal property, disposal of, by 1,006 , Powers of investigation 1,100 ■91 Public School Society, to succeed 1,057 . P.emoval of members by Mayor 1,096 Represent schools before Aldermen, etc 1,004 Rules and regulations, to make l.OGS 4 Salaries of teachers, etc., power to fix. 1,091 School age of children, to prescribe.. ..1,056 *■ School boards, districts, etc., to pro- vide for 1,087 School books, etc., distribution of, by. 1,071 School property, to have control of 1,055 * Secretary and chief cleik of 1,070 _ Special classes for English, to provide. 1,069 Succeed borough boards 1,009 Text books, supplies, etc., to approve. 1,083 Training schools for teachers, to pro- vide 1,069 Borough superintendent, office of abol- ished 1,079 Certain private schools to share in school funds and report to Board, 1,152-1,134 Charges against and trials of delin- quents 1,093 City superintendent of schools 1,077 College of the City of New York. ( instruction free, degrees, etc 1,132 i Paws applicable 1,129 ’ Mayor’s jurisdiction 1,128 Participation in state funds 1,130 I Retirement fund for officials and pro- fessors 1.130A Separate corporation 1,127 , Trustees, etc 1,121 ri Trustees to report to Board of Aider- men i,133 Trustees to report to Board of Esti- mate 1,131 Corporate schools may become merged., 1,136 District superintendents, assignment of, etc. 1.07S District superintendents, duties of 1,080 Employes continued in office 1,101 Examiners, Board of 1,089 Funds for, raised by taxation 1,059 Interest in contracts forbidden 1.03S \ .Kindergartens, manual training schools, etc ...1,069 Diets of principals and teachers..., 1,0S1 Local school boards, duties, etc 1,0S7-1,0SS 1 Method of teaching 1,086 Nautical school 1,157-1.160 Normal College of City of New York. Corporation and college 1,139 Instructions free, degrees, etc 1,148 Daws applicable to 1,141 Moneys appropriated for 1.145 Trustees, powers, duties, etc 1,140 Trustees to report to Boards of Re- gents and Aldermen 1,444 Trustees to report annually to Board of Estimate, etc 1.142 Plans for new buildings 1,073 Political contributions forbidden 1,099 Principals and teachers, appointments and resignations of 1,090 Promotion or transfer of pupils 1.082 Property vested in city 1,035 Public school teachers’ retirement fund. 1,092 Religious sects, etc., excluded 1,151 P.etlrement fund, exempt from exeeu- A lion 1.C92A \ School funds, special and general, their uses • • •• .1,000 School moneys from state 1,102 Special brandies, teachers of I.Of.i Superintendent of school building* 1,072-3 Superintendent of school supplies 1*076 Supervisor of lectures. 1,067 Teachers’ licenses 1,039 Election in 1901 .......1,619 Electricity, see Chapter XI. page 50. Electricity, see Depts. of Water Supply, etc. Employes of city not to work outsdde their public, employment 1,061 Epidemic, commercial paper during, .. ,1. 499-1, Ft Estimate ami Apportionment, Board of: • Sec. Apportionment of funds for 1898-1902.... 10 Appropriations for contesting office...,,. 241 Appropriations for museum of safety — 244A . Appropriations, transfer of £"7 Approval of bonds for public works.... 47 Area of assessment 973 Bonds, redemption of 1*4 Brooklyn Bridge, maintenance of 242 Budget, power to amend, in 1902........ 10 Buildings, light and open spaces 242A Contagious diseases 236 Corporate stock, to be issued by 163 , Cost of proceedings determined by Bd.. 972 Counsel fees, payment of certain 231 Discontinuance of proceedings by Bd.... 992 | Docks and ferries, to issue bonds for.... ISO 1 Drains, to issue bonds for 179 i Duties, general 226 et seg. j Excise moneys 240 Home for Fallen Girls -38 Location of industries and buildings... .24213 Maps for streets, etc., to approve 1,540 Magistrate, the Mayor is one HR Members of and appropriations 226 Payment of certain city bonds and stocks 229 Payment of certain counsel fees 231 Salaries, power to recommend 56 Sewer Drainage Canals 245A-B-C Special appropriations for certain insti- tutions 230 Street opening, to issue stock for 176 Street sweeping, contracts for 239 Streets, transfer control 243A Subject to Chap. IV, Laws of 1S91 45 Vesting of title in city by Board 976 Water works, extension of 242 Water works, to issue stock for 178 Executive power, vested in mayor, borough presidents, etc 94 Exempt Firemen's Benevolent Fund SOS Expenses not to exceed appropriations 1,542 ii 4 L -v F Federal government, lands for 21S ! Fees, etc., lawful 9S9-l.,5p0 Ferries, see Department ot Docks and Ferr-v . I Finance, Department of: Comptroller. See Sections 119-149-16S- 9S2-9S6. Application of certain moneys 162 Appointment of clerks to receiver of taxes and collector of arrears 160 Bonds and stocks, to receive bids for. 182 Bonds, to prescribe form of W9 Bonds, redemption of Bonds to meet deficiencies of collec- tion jS5 Bureaus of Department of Finance.... 157 Custodians of city property to make reports 149a Deputy comptrollers 150 Docks and ferries, to issue bonds for.. 180 Drains, to issue oonds for.. 179 Election of 97 General powers and duties 149 Indorsement on It. T. contracts 43 Public moneys, care of 1% Publication of financial statement..., 101 Wallabout Market, control HU Water works, to issue stocks for 178 Hem oval of 97 Special revenue bonds, to issue 1ST State taxes, to issue bonds for ISO Street openings, to issue stock for.... .170 Subject to Chap. IV'. Daws of 1891.... 43 Successor (temporary) 97 Papers, records, etc., in Comptroller's Office made evidence 365 ■Receiver of Taxes and. Collector of As- sessments, etc.: Accounts to be, examined 151 Appointment and bond 35.2 Assessment lists to be filed 159 Bond to be filed .• 158 Bond to bo renewed 153 Deputies may be appointed 153 Payment of certain city bonds and stocks 229 Office, where kept 155 Taxes, where payable 155 Retirement of officials in Finance De- partment : Annuity may be granted retired of- cial 367 Board of Estimate and Apportion- ment may retire 366 Comptroller may recommend retire- ment 16$ Sacrifice of pension 16$ Fire Department: Sec. Candidacy for office forbidden.,,,,....... 731 Chaplains, salary for *42 Commissioner ..774, 775 Actions, fees, suits, etc., control of, by 73 1 Apparatus, horse, etc., to provide 7 £5 Appointments, salary, etc....**.* 720 Brooklyn, shall appoint deputy com- missioner for • ••• 721 Buildings may be pulled down to pre- vent spread of fife 754 Bureaus to be organized by 727 Charges and reinstatement ..*•.••••••15401) Discipline, etc., by.. 739 Duties of, etc 774-775A- * • 7 Explosives, provision for, by 750 Heads of department... Hose bridges, to provide for 749 Insurance companies to pay tax to. etc. 7PS Offices and seal «*••• 730 Powers, jurisdiction, etc.., 724 Promotions, bow made, etc 7f0 Property, to control, etc 72*1 Resignations, absences, etc., permission for 735 Right to examine buildings, etc 7.1 Sappers and miners, appointment of, etc. 731 Subordinates, selection of, by 728 Treasurer, to be 723 Uniforms, badges, etc., prescribed by.. 733 Warrants of appointment, Issued by.... 737 Consolidation of 723 Exempt Firemen’s Benevolent Fund 80S Eire alarms, location of, etc., by.... 729, 7kl Fire Drills 7 75 A Fireworks, explosives, etc., restrictions concerning 7C6, 767, 7C9, 771 Dealers, co furnish information 712 Fire marshals ,727, 779, 783 Grades, ranks, salaries, etc 749 Hydrants, obstruction of forbidden 759 Idle persons, etc., at fires 755 Inspector of combustibles 727 Investigation of fires 779, 785 .'Jurisdiction over harbor fires on vessels 756 Military and jury duty 736 Municipal explosives commissioner. 7780 Oaths of office ’ 758 Police must co-operate 74 1 To abate fire hazards .................... 776 Pensions, relief fund, etc 789, 792 Prevention of fires 761 Property owners' liabilities, etc 761 Qualifications of members 754 Right of way, etc . 748 Sappers and miners, duties of 752 Taxation of foreign insurance companies, etc 7“? Trustee of relief or pennon fund and duties i 789, 792 Volunteer departments 722 Water front for 828 Five Points House of Industry. Se2 Depart- ment of Education. Forfeiture, not to be worked by charter — lGlfi Franchises, certain acts apply to 77 Franchises for use of streets, etc., proceed- ings prior to grants 74 Franchises, must be by ordinance 7 1 Franchises, etc., not affected 1,C17 Franchises, time of limit for vote on 43 Franchises, time limitation of 73 Franchises, tunnel railroads 73 Garbage vessels, towing of... #.1v3G;t Gas, inspection of 522 Gas, price of in Richmond and Queens 3,329 Gas, -see also Departments of Water Sup- ply, etc. Grades of streets, changes of 851 Grading of streets with excavated material. 935 H ' . Harlem River improvement. 218 Harlem lime extended..., S77 Hart’s Island buildings 693 Heads o2 dopartmments named 98-111 Henltli. Department of. Abatement by suit. Abatement suits, claims for penalty.. 1,20.1 Appeals and stays of jmlgtnment 1,292 Appellate Division, judgment of 1.29+ Execution in 1,296 Expenses in execution (in abatement suits) 1,293 Expenses of department in 1,298 Infected buildings 1.293 Ea"Ie Library— INDEX TO CHARTER OF THE CITY OF NEW YORK 197 | — Sec. Infected buildings, proceeding ** «on- domn 1.^00 Injunctions in 1.297 Lien of judgment, how removed 1 ,291 X uisances. suits to abate, etc 7,2SS-1,290 'Actions and arrests for violation of or- ders 1,262 Affidavit of no contagious disease ,...1,24$ Attorney to bo asssigned 1,193 Arrests for Violations 1,263-1,205 Authority, duties and powers 1,10$ Births, marriages and deaths 1.129 Deaths to be reported 1,238 Births to be reported 1,237 Penalty for failure to report 1,239 i Persons solemnizing marriages to keep 1 records 1.23C Registration of births not previously re- corded .....—1,241 Board of Health, Annual report to Mayor 1.10S Badges to be provided 1,187 i Borough offices to be maintained ........ 1,1S1 | Complaint book, to keep 1.200 '■ Contagions, etc 1,170 i (Dangerous buildings, vessels, places, ete.l,17G i iDeath, disease and health statistics. ...1,169 ' Delegation of powers 1,182 1 Dispensaries, hospitals, schools, etc., to report to 1,100 "Enforcement of laws by 1.160 . Examination and surveys, to authorize.. 1,1SS Head of Department 109 Plospitals, jurisdiction over 1,170 May sue and be sued — — 1,192 ! May take proofs 1,1S9 i Market stands and stalls 1.1*1 ; Measures to prevent disease .........1,219-20 ; Members of, etc 1.1C7 I North Brother Island Hospital and others. 1,170 1 Nuisances, to bo abated by 1,171 1 Offices and expenses ........1,180 Orders may be executed through ...... 1,197-S Peril and pestilence, eto ......... ..........1,178 Proceedings of judicial 1,123 Proclamation period, may be extended ! by 1,128 Putrid cargoes, to destroy 1,210 Removal of night soil and offal. ...1,205-1,2CG Repairs of buildings, etc, .....1,171 Report and statistics of ............1,175 Sanitary engineering service .......1,186 Banitary Inspectors to appoint ............1,185 Seal 1,1*4 Service of orders 1,224 Vaccination 1,225 Vessels, etc., removal of by ..—.........1,221 Violation of orders of ....—....1,222 Boarding and lodging houses to report— ....1,230 Bureaus ......1,179 Coroner's returns to .....— ...... .......1,203 Definitions — 1,229 Drainage of lands 1,215-1,218 Duties of owners, lessees, etc - 1,201 Examination of witnesses 1,258 Expenses of orders, statement to be filed.. 1,270 Expenses to be a lien .....1,276-1,179 Extraordinary expenditures — 1,177 Pairs personation of officers 1,207. Raise returns 1,206. Pees prohibited 1,193 Injunctions against — — 1,200 Inability of owners ..1.275 Bodging Houses. Bureau of Buildings, certain powers of.. 1,318 Cellars and basements 1,509 Certain businesses in, prohibited 1,311 Construction of, rules concerning, penal- ties, etc 1.315 Construction, etc. —1,304 Definitions ..1,305 Dimensions of rooms .............1,310 Houses to meet requirements 1,314 Inspection twice a year 1,313 Notice from Health Dept, to be posted, etc 1,212 Omnibus section of prohibitions ....—....1,310 Owners’ names to be registered 1,312 Owners to notify Health Dept, of sick- ness In 1,312 Penalties for violations —......1,317 l Roofs, stairs and fire escapes 1,300 t Sleeping rooms, ventilation...... 1,307 f Water closets, etc 1,308 | Eymph and nntitoxine 1,226 j Masters of vessels to rei>ort diseases.. .1,251 | Nuisance defined 1.287 ! Party plaintiff or deefndant 1,259 Paving, draining, etc., regulations for.. 1,215 i Pension fund, etc, 1,319-1,325 ] Health, Department of (Continued) . Pec. Penalty for failure to report con- tagious diseases 1,249 Personal! liberty 1,190 Physicians to report certain diseases. ..1,247 Police Department assistance 1,202-1,203 Presumption’ of legal right 1,261 Prompt abtibn required 1,209 Punishment for disobeying orders, etc., 1,257 et seq. Records of, to be kept by department. 1,240 Registrar of records .....*...1,179 Removal of dead bodies 1,204 Retention of moneys by department .. 1 ,280 Right of inspection ,....1,199 Sanitary code, application of * 1,172 Sanitary superintendent 1,179 Sanitary superintendents and their re- ports 1,1S3-1,184 Salaries ... ..1,194 Secretary of 1,182 Service of order 1,279 Suit for expenses 1,277 Hempstead, property held in trust for.. 1,590 Home for Fallen Girls 23S I C93 Inebriety, Board of Inferior courts act (omitted in this number, see vols. of previous years for law). Insurance co (foreign), how taxed 79S-815B Interest on assessments 987 Interest on public moneys 196 Interregnums, how prevented 1,013 Intoxication, disorderly conduct etc., penalties for *97 Invalidity of one section not invalidate any other 1,G12 Investigating committees 54 205 L Lands under water, grants of ss Lands, etc., acquirement of. bv city 1,435-1,448 979 L.LUUl'Jl dl Law, Department ofs Branch offices “•*' Claims against city ................ 261 Bureaus 239 Condemnation, costs in 265 Corporation Counsel, general duties 255-990 Corporation Counsel's assistant's bond. 2C0 Issuance of excution .............. 264 Jurisdiction of actions 202 Head of 9S Leake and Watts' Orphans’ House, see Department of Education. Legislative power vested in one board. 17 Local courts, see Courts, etc. Constitution, jurisdiction and powers 426-430 Districts of local improvement 425 Meetings, etc 430 Power of appointment . 256 Procedure and powers ..... . 427-432-433 Service of process 263 Local courts, see Courts, etc. Local Improvements: Boundaries and surveys 44S Drainage plans to "be filed .... — . 445 Drainage, raising grade for 447 Drainage and sewer systems to be completed 444 Maps, custody of 443 Paving and repaving of streets .... 918 Petitions for 432 Procedure on petition for 432-435 Power of Board of Aldermen not limited - 437 Power to assess for 436 Sewer systems, etc., to be completed.. 444 Street grades, etc., may be changed.. 444 Lodging houses, see Department of Health. M Magistrate, the Mayor is on© 110 Map of city, provision for 438-449 Map of sewer system, provision for.,. <[',t See. Market, lands dedicated for J ,; * Market, regulation of Wallabout, by Comptroller D". 4 , Markets, public, regulation of Jkt , Markets and wharves, public *35 Marriages, births and death', see De- partment of Health. Marshals 1,43 4 Mayor (see sections 115-123). Appointing power It* Chief executive .*«..» 94 Clerks and salaries 117 Duties, general 115 Election and terms of 94 Magistrates, the Mayor is one...- 115 Municipal Civil Service Commission, appointment of 123 Regulation of civil service 124 Duties and powers 125 Payments to certain persons pro- hibited . .ooo 12 ft Veterans to be retained 127 Police power as to pawnbrokers. • « 121 Port, dir. of, appt’g (new) USA Power of removal 9-5 Proclamation in case of pestilence, etc 120 Public moneys, care of 190 Removal by governor....... 122 Salary of 2* .Special meeting of aldermen, may call 27 Veto of certain salary ordinances., 66 Veto power 40 Memorial Day, appropriations for 2*4 5 Meters, water 475 Metropolitan Museum of Art Cl I* Moneys of persons under disability, how disposed of 983 Montgomerie charter 1,617 Mosquitoes, assessment for exterminating. 949-*, Moving picture show, license 629-a Municipal courts. Sinking Fund Com- missioners may locate 205 N Navigation, cession of lands for, etc 971-* Nautical schools 1,15* New York Botanical Garden. .......... . 611 New York, City of. Board of Aldermen, general powers, A Common debt of city. t Compensation for property and when liable to assessment 9ti Corpora. ions consolidated.......... t Corporations’ liabilities assumed.. .. 4 Expenses of. for 1S9S-1902. . ...... 1* Debts of corporations. .... ......... * Power to contract, etc... * Successor corporation ............. 1 New York Juvenile Asylum, see Depart- ment of Education. New York Orphan Asylum School, pee Department of Education. New York Public Library.........,^—. 623 New York Zoological Gardens.......... 628 Nicoll’s charter .1,617 North Brother Island Hospital. ...... .1,174' Normal College of City of New York, see Department of Education. 2 Nursery and Children’s Hospital, seq M Department of Education, 19 '.T,-— r> t o Oath, official . . ,1,54ft Ocean Boulevard restriction 61AU Officer not to hold any other civil office, etC 1.541 Omission of acts not a repeal. ,1,6 Of Operation of ferries 824 A Ordinances and regulations for certain purposes * nooo „o 0 © Ordinances for all franchises. * 7t Ordinances, prima facie evidence when.. 1,556 Ordinances, publication of.. a , aaaan . Ane 57 Ordinances, stylo of 3.8 Ordinances to remain in force.. a ..,, aa Orphan asylums and industrial schools in Brooklyn. (See Department of Ed- ucation.) Oyster business £2.1 p Patented articles, how supplied, ,1,554.1554a Parka, Department of. Board .... 607 Commissioners of .... 607 Accounts, keeping of 617 American Museum of Natural History 622 Battery' place water front, ate..—— 6i» Appointment and salary’ 461 198 Eagle Library— THE CHARTER OF THE CITY OF NEW YORK Park*, Department of— (Continued) Sec. Brooklyn Institute of Arts and Set- enees g24 Buildings, etc., maintained by 613 Fire apparatus, buildings for 615 General powers of 610-612 Harlem River improvement 620 Head of department li)l Landscape architect, appointments by and duties 611 Metropolitan Museum of Art 621 Military encampments, fairs, etc.... 627 Wew York Public Library 623 New York Botanical Garden 625 New York Zoological Garden 626 Subordinate officers 614 Supplies, advertisements for .. 61S Gifts of real and personal property to 609 Power under former acts 616 Title to 60S 'Parley, opening of, see street and park •opening®. Patented articles 1,554 Paupers, control and discipline of 6S2 Pawnbrokers, police inspection of.... 317 Pensioners not to hold office 1,5560 Permits for buildings, etc 903 Physicians, duties of 1,247 i Piers, slips and wharfage, see Depart- 1 ment of Docks and Ferries. Plumbers, list of to be published 1.528 Playgrounds; recreation property 630; Board of Estimate, etc., may lay out 244 Polk-e clerks; appointment of, the.... 1,894 Police, consolidation of 273 Queens, Park commissioners 612B Temporary fise of property 631 Plants and Structnres, Department of: (See Bridges, page 198) Pollee, Department of. Actions against department 302 Arraignment of offenders 338 Arrests without warrants 237 Composition of force 276 Control of force and transfers 277 Commissioner; Appointment, salary, etc 270 Board of Health, to assist 310 Boats, use of, by ... 324 Board of 297 Department . of Bridges, to assist 314 Department of Parks, to assist 313 Deputy, commissioners, to appoint.... 270 Discipline 300 Head of department 9D Horses, etc., may employ 324 Increase - of force 289 May detail persons to attend court.. 309 Police property, may sell 324 Polls, policemen at 307 Powers and duties of 271-272-283 Powers over certain trades 316 Precincts to designate 320 Promotion® 2S8 Punishments, etc 302 Responsibility 292 Rewards to informers 305 Station house, to furnish 220 Telegraph, etc., to maintain 323 Witnesses, to provide places for de- taining 321 Consolidation of police 273 Copy of minutes, when evidence 29S Criminal process, rules for service 340 Detectives, Central Office Bureau....... 290 Exemption of members from jury duties, etc 341 Finances of department 297 Gambling, suppression of 318 General duties of force 315 Health Department, police to assist.. 311-312 'Lineman, office of chief, created 276A Matrons .360-362 Matrons to contribute to pension fund.. 363 Matrons, certain acts not applicable 367 Members of former forces transferredi2?7-2S2 Other office holding forbidden 291 Pension fund .351-257 Personating policeman, penalty for..... 339 political and other contributions for- biddenn 306 Property clerk, his duties 231 Powers and property transferred 274-275 Qualifications and appointment 284-285 Reinstatements (new) 1543C Resignations and absences 303 Returns of arrests 338 Salaries of officers and members 299 Special patrolmen 308 Special telegraph patrolmen 350 Station houses for women 259 Steam boilers. engineers must be licensed 242 Police, Department of (Continued). Sec. Stolen property 331-336 Transfer of water supply police 276B Subpoenas and oaths 301 Surgeons, duties and districts 294 Willftil neglect of duty 339 Women, arrest of. etc 359, 363-365 Potter’s fields, enlargement of 673 Probation officers, duties of 707 Property assessments 9S4 Property damages, awards for 981 Property may be conveyed to city 993 Property to be sold at auction 1.553 Property situated in 2 or more counties 991 Public administrator, County of New York. 1,585 Public charities, see “Charities, Depart- ment of Public.’* Public dance - halls ; 14S9-1494 Public property may be disposed of 76 Public works. Aldermen’s power to pro- vide ■ 47 Publication of ordinances 57 Push cart peddlers, bail from 1,566 Sums assessed to be liens 9S5 Queens county, disposition of certain funds ..1,591 Queens county, towns in, abolished 1,581 Quorum, in boards of departments 1,541 R Rapid Transit Com., action under Chap. IV, Laws of 1891 45 Recreation piers, provision for and uses of S37 Receiver of taxes 151 Recording and indexing (new) 1572-1576 A Recreation Commission 629, 630, C31 Regattas, etc., power to regulate 5i Regulation of dancing academies 1.48S Removal of city employes 1,543 Repeal of sections, schedules, ^l,62u Repeal or amendment of this act 1,618 Repeal provisions, etc 1,60S Revenue bonds, special 1SS Richmond county villages and towns abol- ished 1,579 Rights and" remedies preserved 1.614 Riker’s island buildings 696 Rdman Catholic Orphan Asylum. (See De- partment of Education.) S.t. John's College, grounds protected 972 Salaries of certajn employes 06 Salaries, schedules of 112 Schedules of sections repealea 1.620 School lands, auction of C20 Schools, etc., exempt from taxation 9C4 Schools, public. (See Dept, of Education.) Sectarian schools not to have city money.. 1,552 Sections to remain in force 194 to 197 Sewage disposal Works 401 Selvage Work, c-Jntracts for 297 Servers, Borough Presidents' powers over... 3S9 Sewers, lateral, construction by private owners 400 Sewers, material for 29S Sewers, penalty for injuring 399 Sewers, power to acquire land for 245A-B-C Sewers, private 395 Sewers, temporary 394 Sinking- Fund: Alteration of rates prohibited 216 Assessments, to be paid into -15 Bellevue and allied ho.-pitals, provision for Brooklyn tax sale certificates Cancelation of Croton water rents. Cannot be alienated nor impaired Certain moneys to be paid into Commission, members of Commissioners empowered with relation to docks i Commissioners may pay bonded debt.... Commissioners to set apart sufficient to redeem bonds payable from Different sinking funds continued Docks and ferries, stock for Duties and powers Exchange of land Jails, commissioners may designate..,. Lands for Federal government purposes Leases for publio purposes to be made by Markets, control of Municipal courts, location of Payment of interest with Pledged to redeem city debt 692 221 221A 212 210 ?C4 919 ?13 208 180 204 205A 205 21S 217 163 205 209 211 Sinking Fund (Continued) Sec. Preferred bonds to be paid from 214 Purposes of 30® Redemption with, to be continued. 207 Water Sinking Fund . 205 School lands, auction of . ..•• 22\) Society for Reformation of Juvenile Delin- quents. see Department of Education. Special revenue bonds 187 Stages and omnibuses: Application to Mayor . 1.459 Consent of Board of Aldermen 1,459 Consent of property owners 1,458 Franchises, disposal of .'...1,460 Restrictions . 1... 1,461 State Normal School, Jamaica 1.055 State powers not affected ...1,620 Statistics. Bureau of Investigation and 15 1 Steam boilers, inspection trf 243 Standard* and Appeals, Board of ( new ) . Secs. 718, 719a. 719b, 774, 775, 777. 778. Street cleaning, department of: Commissioner, appointment of 533 Allotment of sweepers 539 Disposition of sweepings, to contract for 544 Division of streets into districts 539 Head, of department 100 Jurisdiction, etc 534 May remove and. dispose of trucks, etc 545 Pem'ipn Fund 548-659 Power to obtain plant, etc 54) Power to contract; for cleaning. sprinkling, etc ...541 A Removal of employes, etc r *7 Snow, removal of 6 Uniforms, badges, etc Devolution of powers of former boards, o47 Docks, etc., to be cleaned by Dock Dept 540 Expenses of & 4 > Members of, etc t>2<> Members not liable for jury duty, etc.. 528 Piers, etc., for dept’s use 54 5 Streets and wharves not included.. 535 Streets* and parks, opening of: Acquirement: of property for streets. park:?, etc 97QA Authority to assess 970B Award of damages, etc 951 City's compensation ami liability for..,. City may agree with owners 994 Columbia College, grounds protected.. 972 Commissioners of estimate or assessment . Appointment of. etc 973 Appeals, their effect, etc 988. 989 Appointing order to be filed 5.1,011 Oompt roller to publish report of ..1,00* Corporation Counsel to furnish clerks. etc., for 7... 997 Corporation Counsel to appear for city 997 Costs and charges S3S Damages and benefits, to ascertain.... 9Su Damages, when to be paid 1,001 Disposition of moneys .. ... 177 Estimate, to be deposited, etc.;...... 981 Estimate, not to be amended..... 1 ... 983 Form of procedure of 9; 8 Oaths of 977 Powers of 9 9 Proceedings upon presentation of re- port of. duplicates to be filed. ... .986-387 Report to be filed and confirmed 9S4 Report of. rules for filing, etc 984 Bums assessed by, to be Mens.* 1,004 Taxation of costs - . t 9 ) Time for completion of services 991 V.’itnoseee before 9S9 Comptroller may issue bonds for dam- ages 1,002 Costs, charge®, fees. etc., of 937 Discontinuance of proceedings .« .•♦.l.&W Equality of assessment ..Jv^ Interest on unpaid assessments. , , ,1,006-7 ; 907 Landlord and tenant, apportionment be- tween ...... leaving —out excess land (new),.,.. 970M»970ii Moneys to persons nnder disability, .... 1. M3 Notice* In proceedings to open streets. ..1,008 Owners may convey to city, etc.,.,,’,., 992 Removal of buildings T. ;)71 Streets, owners of plots may open 993 St. John’s College, grounds protected... 972 “Su-eet’’ defined .1,010 Supreme Court, has amending power., 974 Title 3 not to apply * ►.1,000 Two commissioners may act 97® Eagle Library-THE CHARTER OF THE CITY OF NEW YORK 199 Street* nid parka, opening of (Cont'd.) * See. University of City of New York, grounds protected 972 Vacancies among commissioners 975 Vesting of title in city 9J0 Street pavements, expenses of restoring 183 Street pavements, removal of. etc 391 Street paving, method of payment 948-955 Streets under jurisdiction of Borough President 6 12 A Street openings: Corporate stock for 176 Damages to be paid 174 Fund for 173 Notice of proceedings posted 9S9 Replenishment of fund for 175 Streets 1458-1461 Regulation of 50 Sewers, etc., bonds for 1SI Sweeping, contracts for 239 } Through certain college grounds not to be opened 997 Trades, regulation of 51 Supervisors, powers of. go to Aldermen 1,586 Supplies to be furnished to department heads Ill Taxes and Assessments, Department ofi Aggregate borough valuations 899 Aggregate taxes certified to Aldermen.. 249 Alderman, penalty for neglect of duty... 912 Aldermen* to correct, revise, etc 910 Aldermen to receive assessment rolls.... 907 Annual record of assessed valuation. .892-S93 Names may be added to S94a A ^ •■‘brtionment of assessment 1.021 ^ars in assessment rolls 1,025 • asessments and arrears, where paid... 157 Assessment for repaving, and method.. 9 IS Assessments not affected by technical errors 9on Assessment rolls go to receiver of taxes 911 Assessments set off against award 9SS Assessments for local improvements. 942 et seq. Assessments not to exceed one-half val- uation 947 & Assessment, notices 1.023A Bills for taxes to show arrears 1.026 Block map, taxes, assessments (new).. 891- A Board of Assessors: Appointment, salary, etc 942 Assessments for deepening water 954 Award damages for changes in grades, 4 S 951-953 Certificates on which assessments are »• made 945 , Description of property assessed 949 Grading streets with material ex- cavated from other public improve- ments 955 Nbtice of completion of assessments.. 950 Powers of 945 Board of Taxes and Assessments: Assessed valuations increased or di- minished by 896-S97 Equalize valuations of property in all boroughs 899 President of, etc 8S5 Reduce or remit a tax 847 Cancellation of unpaid taxes 1,043a Churches, schools, etc., exempt 904 Collection of unpaid taxes, etc 926-928 Confirmation of assessments, comptrol- ler to publish 1,018 Comptroller’s statement to aldermen ba- sis for taxation 900 Corporations, how taxed 921 Correction of assessments S9-5 County charges 902 Created Deficiencies, included in estimate 248 Deputy tax commissioners, duties. etc SS7-8S9 Division of notification 1,023a Definitions 90S Exemptions 904-905 Head of department 107 lnsurahce companies (foreign), how taxed 798-812 Interest .on unpaid assessments 1.019 Interest rate on arrears 1.020 Local improvements, assessments 1,019 A Notice of sale 1036 and 1043 Offices' of S9U Payment in installments 1.819 A Perrhits for buildings, etc 905 Personal property, how entered £91 Power of court limited 962 Powers cf 8SG-SS8A-SS9A-S91A Taxes & Assessment) Department of (Continued). Sec. President of Board of Aldermen, to es- timate taxes, etc 909 Proceedings to vacate 958-964 Purchase by city and redemption.. 1,032-1, 034 Re-assessment 961 Receiver of taxes: Arrears returned to collector 1,023 Daily statements and payments to chamberlain, by S22 Daily statements to Comptroller by.... 923 Duties of 313 Interest on unpaid taxes 916-917 Notices to delinquents, to give 91S Penalty for failure to report 924 Provision in case of sickness 925 Public notice to taxpayers 1)14 Rebate for prompt payment 918, 919 Redemption by mortgagee or others 1,036-1.054 Unpaid personal tax, collection of. etc 926-938 Remedies for local improvements limited 958 Remedy in case of fraud or error 9o3 Review or correction by certiorari 305 Revision and cancellation 898 Revision of assessments, board of 944, 945 Sales of lands for taxes, etp 1,027-1,031 Street openings, assessments for 370 Surveyor Tax commissioner 898 Taxes and water rents to be liens 1,017 Unclaimed lands 1,033 Undivided parts of taxes 920 Unpaid taxes levied prior to January 1. 1S98 927 Unpaid water rents to be reported to Comptroller 1,022 Water rents in assessment rolls 1,021 Tenement Honae Department. Attorneys, appointment by corporation counsel, etc 1.339 Bureaus for boroughs 1,328 Bureaus, their duties 1,330 Commissioner : Appointment 1,326 Annual report to Mayor 1,333 Certificates to owners, to issue 1,344 Complaint book, to be kept by 1,338 Head of department 110 Inspection of tenements by 1,343 Inspectors to report to 1,336 Police to assist 1.344n Proofs, affidavits, etc., may be taken by 1.337 Records, to provide a system of 1,3411 Statistics, etc., to provide for publi- cation 1,334 Transfer of property to l,344i Uniforms and badges, to provide 1,335 Jurisdiction 469 Lighting, to prepare separate con- tracts 530 Maps and books to be turned over to 531 Meters, may enforce use of 475 Ordinances for electric wires, etc., to be submitted by 523 Powers and limitations of, 470, 472, 474, 517 Real estate, acquirement of 481, 483 Responsible for sotirces 479 Rules and enforcement of them 478 Salary 468 Commissioners of appraisal, etc.. 490 et seq. Condemnation proceedings: Agreement with landowners 507 Appeal, how taken 505 City is seized of lands when com- missioners’ oath is filed 494 Claims of landowners 502 Commissioner may institute...-. 4s4 Commissioners of appraisal, appoint- ment 492 Compensation 508 Corporation counsel to conduct 499 Defects in, how remedied 506 Maps to be made of property 486, 489 Notice by publication 491 Oath of commissioners of appraisal and its effect 493, 494 Payment of awards 500, 501, 503 Bonds for 509, 510 Proceedings of commissioners 495 Putnam County, certain lands in not to be taken 532 Real estate, definition of 4S5 Report, to be prepared and filed.. 196 497 Confirmation of 49S. 499 Co-operation of other departments. ...1.341m Deputy commissioner 1,527 Definition of “department" j,o41o False' personation .. 1.344g Fire escapes etc., to regulate 1,1'iJ Tenement House Department (Con- tinued). . „ Sea. Health Department provisions, applica- tion of 1,34 lh Hospitals, etc., to make weekly reports to 1,3 14 j Infected, etc., houses to be vacated 1,3-ila Injunctions against 1,344b Inspectors, etc., punishment of for false returns l,344f Inspection of completed houses ..1,344a Light, ventilation, etc., to regulate 1,342 Officers and employes 1,329 Officers and expenses 1.331 Penalties and recovery l,344o Personal liability l,344d Police department to report to l,344j Powers, duties, etc., general 1,340 Repairs, may be ordered by 1,341b Reports from institutions 1,344k Right of entry and inspection l,344e Saving clause l,344p Seal 1,333 Statistics 1,334 Tenure of office 1,558 Territorial operation of contracts, etc 1,538 Title to certain lands, vesting of title in city 99*5 Trustees of Relief Fund 791 Trusteeship of Aldermen 53 Tunnel railroad franchises 78 u University of City of New Tork, grounds protected 971 V Vacations, city employees 1.557 ■Vagrancy and its punishment 707-713 Veto, Mayor’s power of 49 Vital Statistics. (See Department of Health.) Volunteer Firemen's Home, tax funds to be paid to SOI w Wallabout Market 164 Wards, continuation of, etc 1,577-1,578-1,589 Water fro.it, control of 83 Water front plans and restrictions 813 Water Supply, Gas & Electricity* Department of Adverse interests of employees prohib- ited 521 Aqueduct, new', is not affected 518 Assessment on lands used 4S9 Bonds for purchase of real estate 603 Commissioner: Appointed by Mayor 468 Appropriations, transfer of 461 Deputies, appointment of . .. 453 Electric lights, meters, etc., to inspect 519 Employes, transfer of 460 Engineers, appointment of 453-455-459 Executive power 450 Expenditures to be accounted for 513 Gas, to inspect 522 Head of department 100 Reports, separate may be made 504 Highways and bridges made necessary by reservoirs 512 Inspector of electric wiring 524 Lake Mahopac 514 Law's repealed 520 Maps, showing real estate required 4S6 Meters 4 water 475 Offices, branch 468 Office, main 468 Patent hydrants, etc., use of. restricted 477 Pollution of sources and punishment. .481-483 Proceedings pending to be continued.... 515 Removal of electric wires 625 Rent, non-payment of 476 Rents (for), water supply 473 Underground electrical conductors, pro- vision foi 526-529 Use of ground under streets 516 State Board of Health, jurisdiction of.. 611 “Street” defined 462 Twenty-fourth Ward, power to contract for 474 Water works, extension of 242 Waterworks, power to acquire additional.. 46 Water works, sale of lands for, see De- partment of Taxes and Assessments. 'Waters’ and shores to be kept pure — 1,562-1,564 Water supply, see Chapter XI, page 50. Water works issue of stock for 17* Water sinking fund 205 Wharf property, acquirement of. 82JA-B-C-D-E-F-<* Workhouse, superintendent of, etc 70* 200 Eagle Library — INDEX TO CHARTER OF THE CITY OF NEW YORK. Steel Portable Buildings Fireproof Garages MANUFACTURED IN BROOKLYN - - WILLIAM BUCHANAN 488-490 Sumner Ave., Brooklyn A Thirty° five Gree nhouses // HORTICULTURIST ¥ 734 Fifth Avenue Brandies: Fort Hamilton Parkway, , TELEPHONES— 27 South, 3410 Flatbush. Gravesend Av., and 291-313 24th St. PLOTS IN GREENWO OD CEMETERY IMPROVE D AND CARED FOR. Palms,Vines and Fresh Flowers Supplied and Artistically Arranged for Weddings at Reasonable Rates PLANTS AND FLOWERS DELIVERED ANYWHERE FLORAL DECORATIONS FOR ALL OCCASIONS “THAT’S what I need in 7Yiy business! Progressive manufacturers are constantly realizing the excep- tional advantages of GAS for fuel. It is delivered when they want it, and in the exact quantity desired. It requires no storage space, no labor cost of handling, and it obviates soot, dirt and the bother and expense of ash removal. The service is constant and depend- able, day and night, defying storms, blockades, and other “tie-ups.” GAS is delivered directly to the appli- ance, and the expense begins and stops at the turn of a lever. At 1020-1028 FULTON ST., near Grand Ave., we have devoted 5,000 sq. ft. of space to the display and opera- tion of over 200 different types of industrial appli- ances and burners. We invite you to call and let us prove what GAS will do for YOUR business. The Brooklyn Union Gas Co. IN PRESS COSBY’S NEW CODE OF ORDINANCES OF THE CITY OF NEW YORK Containing the code adopted June 20, 1916, with all amendments to December 4, 1916, including the Sanitary Code, New Building Code, New Electrical Code, Park Regulations, etc., etc. Complete with full annotations and index. Compiled by Arthur F. Cosby, formerly Assistant Corporation Counsel. Cosby’s Code has been the accepted standard work on New York City Ordinances for the past ten years. PRICE $3.50 PUBLISHED BY The Banks Law Publishing Co. 23 Park Place, New York City.