aiu. 1 1h i^^-'^i=‘f^ir!S / Digitized by the Internet Archive in 2016 https://archive.org/details/charterofcityofn00newy_0 jBROOKLYN EAGLE I - LIBRARY, No. 42. Vol. XV. No. 6. JUNE, 1900. Price, Ten Cents THE CHARTER OF THE CITY OF MEW YORK Chapter 378 of the Laws of 1897, with Amendments, Adopted by the Legislatures of 1 898, 1 899, and 1 900. PUBLISHED BY THE BROOKLYN DAILY EAGLE Entered at the Brooklyn-New York Post Office as Second Class Matter. Vol. XV, No. 6 of the Eagle Library, June, 1900. Yearly Subscription .$1.00. Almanac Number, 25 cents. rooklyn Daily Eagle ook and Job Priming Department EAGLE BUILDING Washington and Johnson Streets Fourth, Fifth and Sixth Floors Prinnng BLANK BOOKS PAPER RULING BINDING ^ ^ ^ ^ EMBOSSING ^ ^ ELECTROTYPING STEREOTYPING LITHOGRAPHING ^ ENGRAVING,^ ^ This Establishment has an EXTENSIVE ASSORTMENT OF MODERN TYPES not surpassed by any office in Greater New York ^ ^ ^ The Latest Improved Press Facilities to do anything in the Printing Line We have added to our already extensive plant complete * 5 ^ 4^^ ART AND ENGRAVING DEPARTMENT oe ^ ^ ^ With a corps of Artists and Etchers, and are fully prepared to do all kinds of Half-Tone and Line Work Telephone, ^‘2239 Main^^ Take Targe Passenger Slevators to Fotirtk Floor THE CHARTER OF THE CITY OF NEW YORK CHAPTER 378 OF THE LAWS OF 1897, With Amendments Passed in 1898, 1899 and 1900, AND A COMPLETE INDEX, AND MAPS OF BOROUGHS OFFICE OF PUBLICATION, EAGLE BUILDING, BROOKLYN. Entered at the Brooklyn Post OfiSce as Second Class Matter. Vol. XVI, No. 6 of the Eagle Library. Serial Number No. 42. June, 1900. Yearly Subscription, $1.00. Almanac Number, 25 cents. The Brooklyn Eagle Almanac £25 1 90 1 C> c-a (£■& CJ& c* C -6 r> (^-fe c> c)i^ e3<^ ^ eft e ft c~(^ ^ lOill be More Complete and fetter than eifer before. Cloth, 25c. Library Edition, 50c. Order from Newsdealer TABLE OF CONTENTS. PAGE. P30POSED Constitutional Amendment 154 Some Histobical Points 154 Membebs of Chabtee Commission 156 PaTEONAGE OP THE Matoe 166 Eeview by Hon. Wm. C. DeWitt ' ] 153 THE GREATER NEW YORK. CHARTER. CHAPTER I. Boundaeies, Eoeoughs, Powebs. Rights and Obligations of THE City Legislatiye Depabtment CHAPTER II. 6 CHAPTER III. Eeanchises and Grants of Land Under Water: Title L Franchises 2. Grants of land under water CHAPTER IV. The Executive 11 12 12 The Mayor CHAPTER V. 14 CHAPTER VI. The Department of Finance: Title 1. The Controller 2. Bonds and obligations of the City 3. The Chamberlain 4 . The Sinking Fund 5. Appropriations and the Board of Estimate and Appor- tionment 6- Levying Taxes ; 15 18 20 21 23 28 Law Department CHAPTER VII. CHAPTER VIII. 28 SEC. 1 17 71 83 94 Fire Department: CHAPTER XV. page. sec. Title 1. Organization, duties and powers of officers and men.. 2. Fires and their extinction 3. Prevention of fires, explosives and combustible ma- terials 4. Fire marshals and investigation of origin of fires 5. Relief fuzid and pensions 6. Taxes upon foreign Insurance companies CHAPTER XVI. Docks, Piers, Harbors, Poet and Waters: Title 1. Department of Docks and Ferries 2. Piers, slips and wharfage 3. General provisions CHAPTER XVII. Taxes and Assessments: Title 1. Department of Taxes and Assessments; powers and duties 2. Assessments for local improvements ether than those confirmed by a court of record 3. Vacating and modifying assessments for local im- provements other than those confirmed by a court of record 4. Opening streets and parks 6. Sales of lands for taxes and assessments and water rates 72 7:20 74 748 74 760 77 779 78 789 80 798 82 816 85 844 83 876 89 834 94 942 95 958 96 970 102 101 116 CHAPTER XVIII. Department of Education: Title 1. Public schools and their management. 2. The College of the City of New York. . . 3. The Normal College 4. General provisions 105 1055 113 1127 114 1139 115 1151 149 169 194 204 226 247 255 CHAPTER XIX. Department of Health: Title 1. Power and duties of the department, its offices and ad- ministration 2. Mariuages, births and deaths 3. Duties of physicians and others 4. Legal proceedings and punishment for disobedence of orders and ordinances 5. Reimbursement of expenses 6. Abatement by suit 7. Tenement and lodging houses 8. Pension fund 115 1167 122 1236 123 1247 123 125T 125 1275 126 1287 128 1304 132 1331 Police Depabtment. 29 270 CHAPTER IX. Borough Officers, Local Boards and Local Improvements: Title 1. Borough Officers 2. Local Boards 3. Local Improvements .r CHAPTER X. Public Improvements: Title 1. Board of Public Improvements 2. Map or plan of the City of New York; map of sewer system and sewer districts 3. Oeaeral provisions relating to Departments 4. Department of Water Supply 5. Department of Higbwa3's 6. Department of Street Cleaning 7. Department of Sewers 8. Department of Public Buildings, Lighting and Supplies 9. Department of Bridges , CHAPTER XI. -V Department of Parks : Title' 1. Parks of the City 2. The Art Commisson CHAPTER XII. Department pp Building*: CHAPTER XIII. Department of Public Charities CHAPTER XIV. Department of Correction 3 41 382 42 390 42 400 43 410 45 432 47 4,50 48 468 53 523 54 533 57 555 59 572 61 594 61 ( 1 607 1 64 633 1 64 614 j 66 6.53 69 694 Inferior Local Courts ; CHAPTER XX. Title 1. The City Court of New York 2. The Municipal Court of the City of New York. 3. Inferior Courts of criminal jurisdiction 4. The Marshals 133 1345 133 1350 136 1390 139 1424 CHAPTER XXI. The Acquisition of Lands and Interests Therein for Public Purposes 139 1435 General Statutes: CHAPTER XXII. Title 1. The streets 2. Amusements 3. Birds 4. Commercial paper during epidemic 5. Pharmacists and druggists C. Board of City Record 1499 1510 7. General provisions 8. Coroners CHAPTER XXIII. Provisions rel.ating to Counties and repeal Provisions: Title 1. Provisions relating to counties 1577 2. Repeal provisions J52 1608 163 Boroughs of the City of New York: Greater New York... ; Manhattan ; j'"' Richmond Bronx ,, 1d5 166 Brooklyn Index: General Index ~ 168-176 4 1.(^0 ± 7 =1 Ok V. =r O M E C R E S the superb. iLn Opportunity not to be Lost. A few lots will be sold this week for $200. Come early. 4k A Variety of Beautiful Houses now ready for the buyer. $3,350 and up, including 2 Lots. Homecrest Commands the Finest View on the Ocean. Overlooks Sheephead Bay, Manhattan and Brighton Beaches. Three-story houses complete with all modern improvements and equipped with first-class heating service. Boating, Fishing, Bathing in Surf or Still Water. Every Lot a Graded Lawn. THIRTY MINUTES FROM PARK ROW. ms property is carefully restricted. Water, gas. police, fire, and postal service. Visit Homecrest Before Buying Elsewhere. It will pay you. Take Smith street Coney Island car from Brooklyn ^vidge^New York Homecrest (5 cent fare), or to Brighton Beach trolley, from Park Row to Avenu the most delightful rides in New York. Ask the Conductor to let you off at Avenue U. Representatives on the Ground Daily. FOR PARTICULARS apply to Harbor and Suburban Building and Savings ^ssociaHon,^^^^ 34 and 36 Wall Street, THE CHARTER OF THE CITY OF NEW YORK. Chapter 378^ Laws of 1897, As Amended by Laws of 1898 and 1899. AN ACT To TTrivte Into One Municipality, Un- der the Corporate Name of The City of New York, the Various Commun- ities 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 Eichmond and Part of the County of Queens, and to Pro- vide for the Government Thereof. THE PEOPLE OF THE STATE OF XEW YORK, REPRESENTED IN' SENATE AND ASSEMBLY, DO ENACT AS FOL- LOWS: CHAPTER I. BOUNDARIES, BOROUGHS, POWERS, RIGHTS AND OBLIGATIONS OF THE CITY. The city of New York; corporations consolidated; territory; short title of this act. , Section 1. The city of New York; corpora- tions consolidated; territory; short title of this act — All the municipal and public corpo- rations and parts of municipal and public cor- porations, including cities, villages, towns and school districts, but not including counties, within the following territory, to wit: the county of Kings, the county of Richmond, the city of Long Island City, the towns of New- town, Flushing and Jamaica, and that part of the former town of Hempstead as it existed on the thirty-first day of December, eighteen hundred and ninety-seven, bounded on the east and north by the east and north bounds of the former village of Par Rockaway, and on the east by a line drawn due north from the northwest corner of said village to the south line of the town of Jamaica, as it ex- isted on the thirty-first day of December, eighteen hundred and ninety-seven, are here- by annexed to, united and consolidated with the municipal 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 I constituted, are for all purposes of local ad- [ ministration and government, hereby declared to be coextensive with the territory above de- scribed; and the said city of New York is hereby declared to be the successor corpora- tion in law and in fact of all the municipal and 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 enlarge- ment except as herein otherwise specially pro- vided; and all of the duties and powers of the several municipal and public corporations united and consolidated as aforesaid into the city of New York are hereby devolved upon the municipal assembly 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 be cited by the short title of “The Greater New York Charter.” [Thus amended by Chapter 379, Laws of 1899.] Di’vision into lioronglis. Sec. 2. The City of New York, as consti- tuted by this act, is hereby divided into five boroughs, to be designated respectively: Man- hattan, the Bronx, Brooklyn, Queens and Richmond; the boundaries whereof shall be as follows: First. The Borough of Manhattan shall con- sist of all that portion of the City of New York, as hereby constituted, known as Man- hattan Island, Nuttin or Governor’s Island, Bedloe’s Island, Bucking or Ellis Island, the Oyster Islands and also Blackwell’s Isl- and, 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 City of New York as hereby constituted, lying northerly or easterly of the Borough of Manhattan, be- tween the Hudson River and the East River or Long Island Sound, including the several islands belonging to the municipal corpora- tion heretofore knowmas the mayor, aldermen and commonalty of the City of New York not included in the Borough of Manhattan. Third. The Borough of Brooklyn shall con- sist 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 con- sist of that portion of Queens County in- cluded in the City of New York as hereby con- stituted. Fifth. The Borough of Richmond shall con- sist of the territory known as Richmond County. Naiiie; po-svers and riglits of tUe cor- poration; seal. Sec. 3. The name of the corporation con- stituted by this act shall be the city of New York and the same shall, hy that name, be a body politic and corporate in fact and in law with power to contract and to be con- tracted with, to sue and be sued, to have a common seal and to have perpetual succes- I sion, with all of the rights, properties, inter- ests, claims, demands, grants, powers, priv- ileges 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 as the mayor, aldermen and commonalty of the city of New York, except so far as modified or re- pealed by the provisions of this act. Local government; municipal assem- bly; liabilities of corx>oratioiis con- solidated;. Sec. 4. For all purposes the local adminis- tration and government of the people and property within the territory hereby com- prised within the city of New York shall be in and be exercised by the corporation afore- said, and the municipal assembly as in this act constituted, subject to the conditions and provisions of this act shall exercise alV the powers vested in the corporation of the city of New York by this act or otherwise save as in this act is otherv/ise especially provided. All valid and lawful charges and liabilities now existing against any of the municipal or public corporations or parts thereof ■n'hich by this act are made part of the corporation of the city of New York, including the county of Kings and the county of Richmond, or which may hereafter arise or accrue against such municipal and public corporations, or parts thereof, including the said counties of Kings and Richmond, which but for this act would be valid and lawful charges or liabili- ties against the same, shall be deemed and taken to be like charges against or liabilities of the said the city of New York, and shall accordingly be defrayed and answered unto by it to the same extent and no further than the said several constituent corporations would have been bound if this act had not been passed. All bonds, stocks, contracts and ob- ligations of the said municipal and public cor- 6 THE CHARTER OP THE CITY OF NEW YORK. porations, including the county of Kings and the county of Richmond, and such proportion of the debt of the county of Queens and of the town of Hempstead as shall be ascertained as hereinafter prescribed, which now exist as legal obligations, shall be deemed like obliga- tions 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. Laws relating to the creation and pay- ment of debts to remain in force; common debt; taxation. Sec. 5. All laws or parts of laws heretofore passed creating any debt or debts of the mu- nicipal and public corporations, united and consolidated as aforesaid, or for the payment of such debts, or respecting the same, as well as every such law respecting the debts of the corporation known as the mayor, aldermen and commonalty of. the city of New York, shall remain in full force and effect, except that the same shall he carried out by the corpora- tion 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 hy law for the payment of the debts of the municipal and public corporations aforesaid shall be in good faith enforced, maintained and carried out by the corporation of the city of New York. All the valid debts of the mu- nicipal and public corporations mentioned in the first section of this act, including the county of Kings and the county of Richmond and the proportion of the debt of the county of Queens and of the town of Hempstead aforesaid, and the valid debts of the towns, incorporated villages and school districts herein united and consolidated with the cor- poration heretofore known as the mayor, al- dermen and commonalty of the city of New York into the city of New York, as well as the debts of the latter corporation, shall be the common debt of the city of New York, as hereby constituted. So far as resort to taxa- tion is authorized or necessary to pay such debts, such taxation shall extend equally throughout the territory of the corporation herein constituted, except that all assess- ments for benefits heretofore laid or provided to be laid for the payment of any portion of such debts or to reimburse any of the said municipal and public corporations which cre- ated such debt in respect thereof, shall be pre- served and Enforced, It being the intent here- of that the obligations and liability of the City of New York as the successor of munici- palities and public corporations consolidated into it shall he the same as and not otherwise or greater than the respective obligations and liabilities of the several constituent corpora- tions, and that the city of New York shall succeed to all of their rights as well as to their obligations and liabilities in respect thereof, except as herein otherwise specially provided.. Effect where only a part of a corpora- tion is annexed. Sec. 6. Where part only of the territory of a municipal or public corporation is embraced by this act within the limits of the city of New York, as herein constituted, the respect- ive rights, duties and liabilities of the said city and of the municipal or public corporations part of whose territory is so annexed to the said city, shall be as in this act provided. If any case shall arise for which this act does not make provision, or full and adequate provi- sion arising out of such annexation, or out of the consolidation herein provided for, the mu- nicipal assembly may by ordinance make pro- vision for such case, or for its equitable de- termination, so far as concerns the city of New York. Same subject. Creation of debt. Sec. 7. No municipal or public corporation, part of whose territory is annexed to the city of New York, shall hereafter create any debt which shall bind property within the city of New York, nor shall such municipal or public corporation levy any tax or assessment upon property within the city of New York, as here- in constituted. Transfer of property; counties not to become Indebted. Sec. 8. In consideration of the foregoing provisions whereby the city of New York, as hereby constituted, assumes as afore- said the valid debts, obligations and liabil- ities of the municipal and public corpora- tions including the counties, towns, in- corporated 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, here- tofore owned and controlled by any of the said municipal and public corporations or parts thereof, hereby consolidated into the city of New York, Including any and all such property owned by the county of New York, the county of Kings and the county of Rich- mond wherever situated, and by the county of Queens situated in that portion thereof which is Included within the limits of the city of New York, as constituted by this act, and all the right, title and interest of the said municipal and public corporations and coun- ties as aforesaid, or any of them, in and to such property, are hereby vested in the city of New York and divested out of the said cor- porations and counties, and the power of said municipal and public corporations and of the said counties of New York, Kings and Rich- mond to become Indebted, shall cease upon the consummation and taking effect of the consol- idation herein provided for. There is except- ed from the provisions of this section the court house and county buildings in the coun- ty of Queens situated within the limits of the city of New York as hereby Constituted. Former funds; payable to the city of New York. Sec. 9. All funds and moneys which, on the first day of January, 1898, shall be held by or be payable to the receiver of taxes or the county treasurer of the county of Richmond, or any officer of any of the municipal and public corporations, or parts of municipal and public corporations, hereby consolidated with the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York, as well as all funds and moneys then held by or payable to any officer of said last named corporation, shall be deemed to be held by and be payable to the corporation of the city of New York, constituted 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 Hempstead iu the year eighteen hundred and ninety-seven shall be collectable and payable according to the provisions of the existing laws. Expenses of the city for the year 1898. See. 10. In the year 1897 it shall be the duty of the proper authorities of. the various mu- nicipal and public corporations consolidated 1 by this act into the city of New York to pre- pare a budget for the year 1898, as required by existing law, and to levy taxes for the year 1898 in the year 1897, as required by existing law, as though such municipal and public cor- porations were not to be consolidated into the city of New York; and in so far as such taxe-s shall remain uncollected on the first day of January, 1898, 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 in all respects to the laws under which said taxes were levied and were to be collected. On and after Janu- ary first, 1893, the funds received by the chamberlain of the city of New York, under this act, and the proceeds of revenue bonds issued in anticipation of the taxes for the year 1898 in the city of New York, as constituted prior to the passage of this act, and the proceeds of the tax levy therein of the year 1898, may be used for the expenses of the city of New York, as con- stituted 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 apportion the said funds to the various city departments as created by this act. so that such funds shall be used, as nearly as may be, for the objects for which they were raised. The board of estimate and apportion- ment, during the year 1898, shall have power 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 1899, for such purposes and iu such amounts as may be necessary to provide for the efficient conduct of the city in all its depart- ments during the year 1898, provided that the sums so raised in the year 1898 shall be subject to be raised by taxation upon the various bor- oughs on the basis elsewhere provided in this act. Expense of public schools for the year 1898. Sec. 11. The board of estimate and appor- tionment shall, out of the residue of the various funds raised for the support of the public schools of the different parts of the city during the year 1898, constitute from and after July first, 1898, the special school fund and the general school fund for the year 1898, so that the schools of the city may begin in the autumn of the year 1898 to be conducted upon the basis of this division of funds, and in general, upon the system hereinafter prescribed in this act. Up to July first, 1898, the school money shall be spent as raised, foi‘ all school purposes, by the various school boards respectively. It shall be the duty of the board of education, as constituted under this act, to make all appointments therein provided for, and to adopt the necessary by- laws at such time and in such manner, that the now system for the administration of the public schools of the city, as provided by this act, shall go into full effect on July first, 1898. CHAPTER II. LEGISLATIVE DEPARTMENT. Legislative power; where vested. Sec. 17. The legislative power , of the City | of New York shall be vested in two houses to be known, respectively, as the council and the board of aldermen, to be together styled “The Municipal Assembly of the City of New York,” Council, number of; president; quorum; salaries. Sec. 18. The council shall consist of twenty- nine members, one of whom shall be its president. The president shall be chosen on THE CHARTER OP THE CITY OF NEW YORK. 7 a general ticket by the qualified voters of the city, at the same- time ana for the same term as herein prescribed for the mayor. He shall be known as the president of the council, and, shall, except as herein provided, possess all the rights, privileges and powers and per- form the duties now conferred or imposed by law upon the president of the board of aider- men, of the mayor, aldermen and commonalty of the city of New York. A majority of all the members elected to the coun- cil shall constitute a quorum. The sal- ary of the president of the council shall be live thousand dollars a year. The salary of the other members of the council shall be one thousand five hundred dollars a year. Council, liow cliosen; council «li.s»tricts. Sec. 19. The remaining twenty-eight mem- bers of the council shall be chosen at the same election in the manner following: The city of New York as constituted by this aot is hereby divided into ten council districts bounded and described as follows, to wit: First — All that part of the city of New' York as heretofore constituted comprising the pres- ent First, Second, Fourth, Sixth, Eighth, Tenth, Twelfth, Fourteenth and Sixteenth as- sembly districts. Second — All that part of the city of New York as heretofore constituted comprising the present Third. Fifth, Seventh, Ninth, Elev- enth, Thirteenth, Fifteenth, Seventeenth, Twenty-fifth and Twenty-seventh Assembly districts. Third — All that part of the city of New York as heretofore constituted comprising the present Eighteenth, Twentieth, Twenty-sec- ond, Twenty-fourth, Twenty-sixth, Twenty- eighth, Thirtieth, Thirty-second and Thirty- third assembly districts. Fourth — All that part of the city of New York as heretofore constituted comprising the present Nineteenth, Twenty-first, Twenty- third, Twenty-ninth and Thirty-first Assem- bly districts, and that part of the Thirty- fourth Assembly district lying south of the Harlem river. Fifth — All that part of the city of New York as heretofore constituted comprising that part of the present Thirty-fourth Assem- bly district lying north and east of the Harlem river and the whole of the Thirty-fifth As- sembly district, together with the district known as the annexed district of said city, being all that part of the city of New York Ir-ng north and east of the Harlem river. .Sixth — All that part of the former city of Ricoklyn comprising the present Thirteenth, 'Fourteenth, Fifteenth, Sixteenth, Seventeemth, Eighteenth, Nineteenth, Twenty-first, Twenty- fifth, Twenty-seven'th and Twenty-eighth wards of said city. Seventh — All that part of the former city of Brooklyn comprising the present Seventh, Ninth, Twentieth, Twenty-second, Twenty- third, Twenty-fourtfa, Twenty-sixth, Twenty- ninth and Thirty-second wards of said city. Eighth — All that part of the former city of Brooklyn co'mprising the present First, Sec- ond, Third, Fourth, Fifth, Sixth, Eighth, Tenth, Eleventh, Twelfth, Thirtieth and Thirty-first wards of said city. Ninth — Taart part of Queens county included In the city of New York as constituted by this act. Tenth — The county of Richmond. From each of the first eight of the said coun- cil districts there shall be elected three mem- bers of the council. From that part of the County of Queens in- cluded within the city of New York as con- stituted by this act, comprising the Ninth of said council districts, there shall be elected two members of the council; one of said members shall be elected from those parts of said county heretofore known as Long Island City and the town of Newtown; and the other of said members shall be elect- ed from those parts of said county hereto- fore known as the towns of Jamaica and Flushing and that part of the town of Hemp- stead included within the City of New York as hereby constituted. From the County of Richmond, comprising the Tenth of the said council districts, there shall be elected two members of the council. Term of office of members of tlie coun- cil. Sec. 20. The term of office of each member of the council shall commence on the first Monday of January after his election, and shall continue for four years thereafter, and until his succe.ssor shall be elected and has qualified. The president and members of the council shall be elected at the general election in the year 1897, and every four years thereafter. Mayor, an ex-officio member of tbe council. Sec. 21. Every ex-mayor of the City of New York as constituted by this act shall, so long as he remains a resident of said city, be entitled to a seat in tbe council and to par- ticipate in its discussions, but he shall cot be entitled to a vote. Time of meeting of council. Sec. 22. The first meeting of said council m eiach year shall be held on the first Monday of January, at noon. Wlien President of council to act as mayor; powers; temporary cliairman of council. Sec. 23. Whenever there shall be a vacancy in the cfiice of mayor, or whenever by reason of sickness or absence from the city the mayor shall be prevented from attending to the duties of his office, the president’ of the council shall act as mayor, and possess all the rights and powers of mayor during such disability or absence. In case of a vacancy he shall so act until noon of the first Mon., day of January succeeding the election at which the mayor’s successor shall be chosen; and at the next general election, at which municipal officers shall be elected, which shall take place more than thirty days after the occurrence of a vacancy in the of- fice of mayor, a successor shall be chosen, who shall hold for the unexpired term. It shall not be lawful for the president of the council, when acting as mayor in consequence of the sickness or absence from the city of the mayor, to exercise any power of appointment to or removal from office, un- less such sickness or absence of the mayor shall have continued ten days; or to sign, approve or disapprove any ordinance or reso- lution, unless such sickness or absence shall have continued at least nine days. The coun- cil shall elect a vice-chairman to preside over the meetings, who shall possess the powers and perform the duties of the president of the council, when said .president is sick, ab- sent or under suspension, or while the presi- dent of the council is acting as mayor, or when a vacancy occurs in said office, and who shall, during such time, be a member of every board of which the president of said council is a member by virtue of his office. Boaril of alilermen, bow constitated ; term of office; vacancies, bow filled; salary. Sec. 24. The board of aldermen shall be elected at the general election in the year 1897, and every two years thereafter, and shall consist of one member elected from each of the assembly districts within the ter- ritory of the city of New, York, as constituted by this act, or as such assembly districts may hereafter be changed by law; provided, how- ever, that in the county of Queens, until oth- erwise provided by law, one member of said board of aldermen shall be elected from those parts of said county heretofore known as Long Island City and the town of Newtown; and one member shall he elected from those parts of said county heretofore known as the towns of Jamaica and Flushing and that part of the town of Hempstead included within the city of New York, as hereby constituted; and provided, further, that one member of the board of aldermen shall be elected from those parts of the First and Second assembly dis- tricts of Westchester county, included in the borough of the Bronx. The term of office of each alderman shall commence on the first Monday of January, after his election, and shall continue for two years thereafter, and until his successor shall be elected and has qualified. Any vacancy which may occur in the council or the board of aldermen shall be filled by election, by either of said bodies respectively, by a majority of all the members elected thereto; and the person so elected to fill any such va- cancy shall serve for the unexpired portion of the term. The salary of members of the board of aldermen shall be one thousand dol- lars a year. I«l.; quorum. Sec. 25. A majority of all the mem- bers elected to the board of aldermen shall constitute a quorum. Each head of an administrative department of the city shall be entitled to a seat in said board and shall whenever practicable attend the meetings of the board, and shall have the right to parti- cipate in its discussions, but shall not have the right to vote. If an administrative de- partment is composed of more than one mem- ber, the president or presiding officer of such department shall be entitled to such seat. Irt.; how president elected and re- moved. Sec. 26. The board of aldermen shall, at its first meeting which shall be at noon on the first Monday of January, after each alderman- ic election, by the affirmative vote of a major- ity of those present and constituting a quorum, choose a president from its own members, by a call of the names of the members of the board, upon which call each member shall announce his choice, and when once chosen, such president can be removed before the expiration of his term as alderman, when his term as president shall expire, only by a vote taken by a call of ayes and noes, of four-fifths of all the members elected to the board. Council and board of aldermen; ser- geant-at-arms; rules, journals, sit- tings; expulsion of members. Sec. 27. The council and the board of aider- men may each elect a sergeant-at-arms and such assistants as are needful to the orderly conduct of their meetings, provided, however, that no expenditures for salaries of such ser- geant-at-arms and such assistants shall ex- ceed the amount appropriated therefor in the annual budget. Each of said bodies shall de- termine the rules of its own proceedings; shall each be the judge of the 'election returns and qualifications of its own members; sub- ject, however, to review by certiorari of any court of competent jurisdiction; shall each keep a journal of its proceedings; shall each sit with open doors; shall each have authority to compel the attendance of absent members and to punish its members for dis- orderly behavior; and to expel any member with the concurrence of two-thirds of all th« members elected to such body. Evejy meat- 8 THE CHARTER OF THE CITY OF NEW YORK. ber so expelled shall thereby forfeit all his rights and powers, subject, however, to ju- dicial review on certiorari. City clerk; appointment, term, duties; papers certified by him to be evi- dence. Sec. 28. The council shall, at the first meet- ing, appoint a clerk, who shall perf.orm such duties as may be prescribed for him. The clerk so appointed shall also be the city clerk and the clerk of the municipal assembly, and hold his office for six years, and until his successor shall be appointed and has quali- fied, unless removed for cause. The city clerk shall have charge of all 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 shall keep the record of the proceedings of the mu- nicipai assembly. He shall engross all the ordinances of the municipal assembly in a bpok to be provided for that purpose, with proper Indices, which, book shall be deemed a public record of such ordinances, and each ordinance shall be attested by said clerk. Copies of all papers duly filed hi his office, and transcripts thereof, and of the records of proceedings of the municipal assembly, and copies of the laws and ordinances of said city, certified by him under the corporate seal, shall be evidence in all courts and places of the matters therein contained. Said clerk shall appoint a clerk for the board of aldermen, who, apart from his service dur- ing the meetings of said board of aldermen shall be in all things subject to his direc- tion and control. Said city clerk may be re- moved on charges by a two-thirds vote of all the members of the council, subject, how- ever, to judicial review on certiorari. The said city clerk 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 of- fice, 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; lor a certificate of ap- pointment of a commissioner of deeds, twenty- five cents. [Thus amended by Chapter 698, Laws of 1899.] City clerk; proceedings of municipal assembly. Sec. 29. Immediately after the adjournment ef each meeting of the municipal assembly. It shall be the duty of the city clerk to pre- pare a brief extract, omitting all technical and formal details, of all resolutions and ordi- nances introduced or passed, and of all recommendations of committees, and of all final proceedings, as well as full copies of all messages from the mayor and all reports of departments or officers. He shall at once transmit the same to the person appointed to supervise the publication of the City Record to be published therein. Certain ordinances and resolutions; bow passed and aiiproved; ayes and noes published. Sec. 30. No ordinance or resolution pro- viding for or contemplating the alienation or disposition of any property of the city, the granting of a franchise, terminating the lease of any property or franchise belonging to the city, or the making 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 pass the council or board of aldermen at the same session at which it is first offered, un- less by unanimous consent; and the same shall not be finally passed or adopted by the municipal assembly until at least five days after such abstract of Its provisions shall have been published, as provided in section 29. No such or- dinance or resolution shall be approved by the mayor until three days after such abstract shall have been so published after its passage; but if 'an abstract of any resolution or ordinance shall have been once 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 in the City Record, and to state the amendments, if any, made thereto. In all cases the ayes and noes upon the final pas- sage of such resolution or ordinance shall be taken, recorded and published. Records open for inspection; other duties of clerk; sickness. Sec. 31. It shall be the duty of the city clerk to keep open for iuspection, at all reasonable times, the-records and minutes of the proceed- ings of the municipal assembly. He shall keep the seal of the city, and his signature shall be necessary to all leases by the city of its property, and to all grants and other documents, as under ex- isting laws. In the absence of said clerk by sickness or otherwise, his first deputy shall be vested with and possessed of all the rights and powers, and be charged with all the duties, by this section or by law or ordinance imposed upon said clerk. Id.; reeord.s and papers delivered to and kept by the clerk; clerks in bor- oughs. 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, now in the custody of the clerk of the board of aldermen thereof, shall be delivered to and be kept by the city clerk. The city clerk sihall be the custodian of all like muniments, records, patents, deeds, minutes, writings and other papers belonging to any of the municipal and public corporations by this act united and consolidated into the city of New York, and shall have power to appoint a clerk in each of the boroughs constituted by this act, who shall have charge of the same, subject to the direction and con- trol of said city clerk and of the municipal as- sembly. Id.; salary and deputies. Sec. 33. The salary of the city clerk shall be $7,000 a year, and he may appoint such deputies or clerks as are necessary to the discharge of his duties, provided that the ag- gregate salaries of such deputies and clerks, including the salary of the city clerk, shall not exceed in any one year the sum appro- priated therefor in the annual budget. 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 such person filing a bond approved by him with two good sureties in the penal sum of $2,000. The president of the council, on complaint of any per- son having been defrauded by any auctioneer, or by the clerk, agent or assignee of such auc- tioneer, doing business in said city, is author- ized and directed to take testimony under oath relating thereto; and if the charge shall, in his opinion, be sustained, he shall revoke the license granted to him and direct the bonds to be forfeited. Municipal assembly; Journal; fiyes and noes. Sec. 35. Each house shall keep a journal of its proceedings, and the ayes and noes of the members on any question shall, at the de- sire of any two members, be taken and enter- ed therein. The ayes and noes shall be called and recorded on the final passage of any or- dinance. Id.; no member elisible to any elty olliee. Sec. 36. No member of the municipal assem- bly shall, during, the term for which he is elected, be eligible’ or be appointed to any other office under the city, nor shall any member of said assembly, while such, be a contractor with or an employe of the city, or of either branch of the said assembly in any capacity whatever. Id.; meetings. Sec. 37. The stated and occasional meetings of the municipal assembly and its proceedings and business shall be regulated by its own resolutions and rules, provided, however, that at least one stated meeting shall be held each month, except in the discreiion of the municipal assembly in August and- -Sep- tember. The mayor may at any time call a special meeting of the municipal assembly. He shall call such meeting when a requisition for that purpose, signed by nine members of the board of aldermen and three members of the council, has been presented to him. Three days before any special meeting of the mu- nicipal assembly is held, notice of the time of the intended meeting and cf the business proposed to be transacted, signed by the may- or, shall be published in the City Rec- ord, and at the same time the city clerk shall cause a copy of such notice to be left at or sent by post to the usual place of abode or of business of each membe: of the municipal assembly, but want of service of a notice upon any member shall not affect the validity of a meeting. No business shall be transacted at a special meeting other than that specified in the no- tice relating thereto. Id.; style of ordinances. Sec. 38. The style of ordinances shall be: “Be it ordained by the municipal assembly of the City of New York, as follows”: Id.; vote reqalred to pass ordinances and resolutions. Sec. 39. Every legislative act of the muni- cipal assembly shall be by ordinance or reso- lution. No ordinance or resolution shall be passed except by a vote of a majority of all the members elected to each bouse. In case any ordinance or resolution involves the ex- penditure of money, the creation of a debt, the laying of an assessment, or the grant of a franchise, the votes of three- fourths of all the members elected to each house shall be necessary to its passage. No money shall be expended for any celebration, procession, funeral ceremony, reception or entertainment of any. kind, or on any occa- sion, unless by the votes of four-fifths of all the .members elected to each house. No additional allowance beyond the legal claim which shall exist under any contract with the corporation or with any department or officer thereof or for any services on its ac- count or in its employment, shall ever be passed by the municipal assembly, except by the unanimous vote of both houses thereof, and in all cases the provisions of any such contract shall determine the amount of any claim thereunder or in connection therewith, against the said corporation, or the value of any such services. Mayor’s veto. Sec. 40. Every ordinance or resolution shall, before it takes effect, be presented, duly certified, to the mayor for his approval. Th# 9 THE CHARTER OF THE CITY OF NEW YORK. mayor shall return such ordinance or resolu- tion to the house in which it originated, .within ten days after receiving it. or at the next meeting of the house after the expiration of said ten days, unless such ordinance or reso- lution be one of those mentioned in section 30 of this act, in which case the mayor, shall re- turn said ordinance or resolution to the house in which it originated within ten days after the abstract of its provisions or a reference thereto shall have been published in the City Record as provided in said section 30, or at the next meeting of the house after the expira- tion of said ten days. It he approve it he shall sign it. If he disapprove it, he shall specify his objection thereto in writing. If he do not return it with such disapproval within the time above specified it shall take effect as if he had approved it. In case of disapproval the objections of the mayor shall be entered at Urge on 'the journal of the house, and the house shall, after ten days and within fifteen days after such ordinance or resolution shaU have been returned to it, pro- ceed to reconsider and vote upon the same. If the same shall, on reconsideration, be again passed by the vote of at least two-thirds of all the members elected to each house, it shall take effect; provided that in case the ordi,^ nance or resolution involves the expenditure of money, the creation of a debt, »the laying of an assessment, or the grant of a fran- chise it shall require a vote of five-sixths of all the members of each house to pass it over the mayor’s veto. If the ordinance or resolution shall fail to receive upon the first vote upon such reccns'ideraticn such number of affirmative votes in either house, it shall be .deemed finally lost. In all ctiser the vote shall be taken by ayes and nue.s. 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 caso an ordinance or resolution shall embrace more than one distinct subject the mayor may approve the provisions relating to one or more subjects and disapprove the others. In such case those he shall approve shall become ef- fective, and those which he shall not ap- prove shall be reconsidered by the house and shall only become effective if again passed, as above provided. Ordinances to remain In force. Sec. 41. Th_e ordinances now in force re- spectively in the City of New York, the City of Brooklyn. Long Island City, and the other municipal and public corporations and parts thereof hereby consolidated with 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 municipal and public corporations, or parts thereof, sub- ject to modification, amendment or repeal by the municipal assembly of the City of New York. Such ordinances may be enforced by and in the name of “The City of New York.’’ Power to acquire additional water works. Sec. 42. The municipal assembly is author- ized, in accordance with the provisions of this act, to construct, establish, and maintain, or to acquire by purchase or condemnation and maintain in all parts of the city additional water works to supply the city or any part thereof and its Inhabitants with water and to provide for the distribution and sale to the inhabitants of the city of such water and fix the terms thereof, and acquire and hold prop- erty, real and personal, within and beyond the limits of the city for said purposes. The municipal assembly may pass appropriate or- dinances, not inconsistent with law, with this act or with any vested rights of existing com-. panics or corporations to enforce the provi- sions of this section and to carry out its pur- poses. Id.; to restrict lieinrlit of buildings. Sec. 43. The municipal assembly is author- ized by ordinance to regulate and restrict the height of buildings to be hereafter erected in the city. When any ordinance on that sub- ject is introduced, the municipal assembly shall provide for public hearings in reference thereto before it or before appropriate com- mittees; and no ordinance restricting the height of buildings shall be passed unless it is approved beforehand by the board of pub- lic improvements by a resolution or vote of a majority of all the members of such board entered on, its minutes or record, and unless it shall be passed by a majority of all the mem- bers elected to each house of the municipal assembly, the vote being taken by ayes and nces. Power to npitoiiit si>eciai ooinmittees. Sec. 44. The municipal assembly shall have power and it shall be its duty to see to the faithful execution of the laws and ordinances of the city; and the municipal assembly may, by joint resolution, appoint from time to time a special committee to inquire whether the laws and ordinances of the city relating to any subject or to any department of the city gov- ernment are being faithfully observed and the duties of the officers of such department or of any officer of the city are being faith- fully discharged, also to examine and re- port whether there are any ’ unnecessary, in- efficient cr unfit employes, any' excessive sal- aries or compensations paid and generally in respect of any and all matters which will conduce to the orderly and economical admin- istration of the affairs of the city government or any department thereof. Such committee shall have access to the books and records of the city or of any department or officer thereof. Fraiifl'isos for street rnilways: ferries. Sec. 45. The municipal assembly is author- ized to grant from time to time to any cor- poration thereunto duly authorized, the fran- chise or right to construct and operate rail- ways in. upon, over, under and along streets, avenues, parkways cr highways of the city, but no such grant shall be made except upon the limitations and conditions of this act else- where provided in respect of the grant by the municipal assembly of franchises and rights in the streets, avenues, parkways and high- ways of the city. And further, to the end that cheap, easy and convenient intercourse may be had between all parts of the city, the City of New York, as hereby constituted, shall have full and exclusive power to 'estab- lish, and full power to enjoy by leasing the same or otherwise, and to maintain and regu- late ferries over all streams and waterways within or adjoining the limits of the said city. The municipal assembly may pass appropriate ordinances not Inconsistent with law or with this act, or with the vested rights of existing companies or cor- porations to enforce the provisions of this section and to carry out its purposes. Nothing in this act contained shall repeal or affect in any manner the provisions of the rapid transit acts applicable to the corporation heretofore known as the mayor, aldermen and common- alty of the city of New York, or any muni- cipality herein united therewith or territory embraced therein, or to repeal or affect the existing general laws of the state in respect to street surface railroads. Municipal assembly ; powers and duties of former boards. Sec. 46. Except as otherwise provided in this act, all the powers and duties conferred or charged upon the common council or the mayor, aldermen and commonalty of the city of New York, or the board of aldermen thereof, or upon the common council of the City of Brooklyn or of Long Island City, or upon any board, body or officer of any of the municipal and public corporations or parts thereof, hereby consolidated with the City of New York, as heretofore known and bounded, shall be exercised and performed by the mu- nicipal assembly 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«l.; police, henltb, park, lire and build- ing; rej^ulatioiis. Sec. 47. ’The municipal assembly shall have poiwer to make, establish, alter, modify, amend and repeal all ordinances, rules, police, health, park, fire and building regulations, not con- trary to the laws of the state, or the United States, as they may deem necessary to carry into effect the powers conferred upon the city of New York by this act, or by any other law of the state, or by grant, and such as it may deem necessary and proper for the good government, order and pro- tection of persons and property, and for the preservation of the public health, peace and prosperity of said city, and its inhabitants, ex- cept so far as the legislative power respecting the health, police, park, fire and building de- partments shall be conferred upon said depart- ments respectively by the provisions of this act, and except that any modification of the existing rules, regulations and ordinances affecting any of the departments and all ordinances to be passed to govern the board of public Improvements or any of the departments thereof, must originate with the department concerned, or with said board, and must be adopted or rejected by the municipal assembly without amendment. Id.; further powers; bonds for speci- fied public improvements. Sec. 48. The municipal assembly shall have power to provide by ordinance for the ac- quisition, construction, or establishment o£ markets; for the acquisition and construction of parks, parkways, boulevards and drive- ways; for the building of bridges and the es- tablishment of ferries over, and of tunnels under any stream or waterway within or ad- joining the limits of the city; for the build- ing of docks, wharves or piers, and for ac- quiring land by purchase or condemnation for said purposes; for acquiring or construct- ing public buildings, including school houses and sites therefor for the use of the city; tor the repaving of streets; and for any of the foregoing. purposes, may create loans and authorize the issue of bonds or other evi- dences of indebtedness to pay for the same, payable at such times and in such manner, and at such rates of interest as it may by ordinance prescribe; but no bonds or other evidences of indebtedness shall be issued under the author- ity of this section, unless the proposition for creating such debt shall first be approved by a resolution or vote of a majority of all of the members of the board of estimate and ap- portionment, entered on the minutes or rec- ord of such board, and provided further, that in the case of the issue of bonds or other evi- dences of indebtedness for the repaving of streets, the vote of the board of estimate and apportionment must be unanimous. Id.; ordinances and regnlations for certain purposes. Sec. 49. Subject to the provisions of this act, the municipal assembly shall have power within said city to make, establisli. 30 THE CHARTER OF THE CITY OF NEW YORK. publish and modify, amend or repeal ordi- nances, rules, regulations and bylaws not inconsistent with this act, or with the consti- tution or the laws of the United States or of this state, for the following purposes; 1. In relation to the inspection and seal- ing of weights and measures, and the keep- ing in use of proper weights and measures by vendors; and may by ordinance regu- late the duties and fees or salary of the inspectors of weights and measures and of the sealers of weights and measures, and may impose such penalties for using weights and measures and scale beams which shall not have been inspected and sealed in conformity to the ordinances, and to provide for the appointment of such inspectors and sealers by the mayor as to them shall seem proper. They may assign a particular district of the said city for each of said inspectors and likewise for each of the sealers of weights and measures, and may confine them in the performance of their duties to such districts respect- ively. 2. In relation to the inspection, weighing and measuring of firewood, coal, hay and straw and the cartage of the same. 3. To regulate the use of streets, high- ways, roads, public places and sidewalks by foot passengers, animals, vehicles, oars, mo- tors and locomotives, amd 'to preven't en- croachments upon and obstructions to the same, and 'to authorize and require their re- moval by She proper department; but 'tUey shall have no power to authorize the plac- ing or continuing of any encroachment or ODStruction upon any street or sidewalk, ex- cept the 'temporary occupaition thereof, dur- ing the erection or repairing o'f a building on. a lot opposite the same, nor shall 'they per- mit the ereC'tlon of bootfis an'd stands with- in stoop lines, except for the sale of news- papers, periodicals, fruits and soda water, and with the consent in such eases of the owner of the premises. 4. To regulate by general ordinance, 'the opening of street surfaces for purposes au- thorized by law, subject to such restrictions as have already been prescribed by statute. 5. To regulate the numbering of the houses and lots in the streets and avenues and the naming of the streets, avenues and public places, but It shall not be lawful to number or renumber any houses or to change the name of any street, avenue or public place, save between the first day of December of any year and the first day of May next ensuing. 6. To regulate and prevent the throwing or depositing of ashes, offal, dirt or gar- bage in the streets and subject to the other provisions of this act, to regulate the clean- ing of the streets, avenues, sidewalks and gutters and removing of ice and snow from them. 7 . To regulate the use of the streets and sidewalks, for signs, sign posts, awnings, awning posts, horse troughs, urinals, tel- egraph posts and other purposes. 8. To provide for and regulate street pavements, cross walks, curb stones, gut- ter stones, sidewalks and to provide for regulating, grading, flagging, curbing, gut- tering, and subject to the provisions of this act. lighting streets, roads, places and avenues. 9. To regulate public cries, advertising noises, steam whistles and ringing bells in the streets. 10. In relation to street vagrants, beggars and mendicants. 11. In relation to the use of guns, pistols, fire arms. Are crackers, Are works and detonating works of all descriptions within the city. 12. In relation to intoxication, fighting and quarreling in the streets. 13. In relation of places of public amuse- ment. 14. In relation to exhibiting banners, pla- cards, or flags in or across the streets, or from houses or other buildings. 15. In relation to the erection, mainte- nance and repair of public fountains for the use of man and animals, at convenient points along the streets and avenues and public places. 16. In relation to the exhibition of ad- vertisements or band bills along the streets, avenues or public places. 17. In relation to the construction, repair and use of vaults, cisterns, areas, hydrants, seweirs and pumps. 18. In relation to partition fences and walls. 19. In relation to the construction, repair, care and use of markets. 20. In relation to the licensing and business of public cartmeu. truckmen, hackmen, cab- men, expressmen, car drivers and boatmen, pawnbrokers, junk dealers, keepers of in- telligence offices, dealers in secondhand ar- ticles, hawkers, peddlers, vendors and the keeping of dogs, menageries, circuses, com- mon show.'s and scalpers in coal freights, bone boiling, fat rendering and other nox- ious businesses, and to fixing the license, if any. therefor. All licenses created therefor shall be acebrding to an established form and shall be regularly numbered and duly regis- tered, as shall be prescribed by the municipal assembly, provided, however, that all laws heretofore passed m respect to the avoca- tions above named within the city, shall remain in full force and effect, to the ex- clusion of any power granted by this pro- vision so far as their terms shall require. 21. The municipal assembly shall also fix the annual license fee. not exceeding the sum of twenty dollars, for each street or horse car daily operated or used in that portion of the city heretofore known as the City of Brooklyn. Every railroad company operating or using such cars, shall, on or be- fore the first day of .Tune in each year, certify to the city clerk the average num- ber of cars daily operated and used by said company, which certificate shall be verified by the oath of one of the managing oflicers of said company, and every such railroad com- pany shall, on or before the first day of July in each year, pay to the chamber- lain of the city of New York, the license fees so established for the average number of cars so operated and used by said com- pany. The said license fees shall be taken in full satisfaction for the use of the streets or avenues, but the same shall not release said company from any obligations required by law to keep such streets and avenues, or any part thereof, in repair, which said ob- ligations and the contracts, laws or ordin- ances, creating and enforcing the same, are hereby continued in full force and operation. But nothing in this subdivision contained shall be construed to release any railroad company in the City of New York, as con- stituted by this act, from any duty or ob- ligation existing at the time this act takes effect by virtue of any law, ordinance or contract. 22. To the more effectual suppression of vice or immorality, and the preserving of peace and good order in said city. 23. For the licensing and otherwise regu- lating the use of dirt carts. 24. For the preservation and protection of all or any of the works connected with the supplying of the city of New York with pure and wholesome water. 25. To regulate the fees for searches and certificates, to be charged by the collector of assessments and arrears. 26. To make such regulations in reference to the running of stages, omnibuses, trucks and cars as may be necessary for the con- venient use and the accommodation of the streets, piers, wharves and stations, and whenever in shipping or receiving goods, wares, or other merchandise at any of the shipping lines, by steamboat, canalboat, sailing vessels, railroad, or from or to any warehouse during the specified hours for re- ceipt or delivery of freight, a truckman is unreasonably detained over thirty minutes by reason of said steamboat, canalboat, sail- ing vessel, railroad company or warehouse not employing sufficient help for prompt re- ceipt or delivery of freight, or by reason of the failure to use all of the facilities at their disposal for the prompt receipt and delivery of freight, to regulate the amount said truckman shall be entitled to be paid, which amount shall not be less than the sum of one dollar per hour for every hour which he is so unreasonably detained, which amount shall be paid to said truckman by the com- pany, corporation or person causing such delay. 27. To regulate the rates of fare to be takeu by owners or drivers of hackney coaches or carriages; such owners shall pay an annual license fee to be determined by the municipal assembly. 28. The municipal assembly may author- ize the establishment, operation or exten- sion of any right for the running of omni- buses or stages, and may terminate or alter such authority conformably to the statutes applicable thereto. 29. To regulate swimming and bathing in the waters of or bounding the city, and to establish and maintain in the city such puhiic baths and public comfort stations as they may deem necessary, and to establish suitable rules and regulations for the man- agement of the same. 30. To prohibit and suppress all gaming houses and places for gaming in the said city. 31. To enlarge or extend from time to time the limits of the fire districts of the city, and to establish additional fire dis- tricts and from time to time to extend the same. 32. To regulate the use of every building cow used, or hereafter to be used as a hotel, in so far as the use thereof may involve the safety of the in'mates in case of fire, by such ordinances or resolutions only as may be prepared and recommended to the said municipal assembly by the head of the department of buildings. [Added by Chapter 691, Laws of 1899.] Id.; foregoims' enameratiou of powers not x’estrictive: s'eneral iiow’er. Sec. 50. The foregoing or other enumeration of powers in this act shall not be held to limit the legislative power of the municipal assem- bly which, in addition thereto, may exer- cise all of the powers vested in the city of New York by this act or otherwise by proper ordinances, rules, regulations and bylaws not inconsistent with the provisions of this act or with the constitution or laws of the United States or of this state; and subject to such limitations, may from time to time or- dain and pass all such ordinaces, rules, regu- lations and bylaws as to the said municipal assembly may seem meet for the good rule and government of the city, and to carry out the purposes and provisions of this act or of other laws relating to the said city^ and may THE CHARTER OF THE CITY OP NEW YORK. 11 provide for tlie enforcement of the same by such fines, penalties, forfeitures and imprison- ment as may by ordinance or by bylaw be pre- scribed. Id.; licenses to second-hand dealers; penalty for violating ordinance. Sec. 51. Every dealer in second-hand arti- cles and scalper in coal freights shali pay for a license a sum to be determined by the municipal assembly, not exceeding five hun- dred dollars. Dealers in second hand articles and scalpers in coal freights may be required to give security to the city with one or more sufficient surety or sureties, in a sum not exceeding ten thousand dollars conditioned for the observance of the ordinances of the Xunicipal assembly. No greater pen- alty than one hundred dollars shall be im- posed by an ordinance as the penalty of the violation of any ordinance by any dealer in second hand articles or scalper in coal freights. Id.; designating common jails. Sec. 52. The municipal assembly may, by ordinance from time to time, by a vote of two-thirds of the members of each house, and the approval of the mayor, designate any building or buildings within the city to be the common jails of said city for all the 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 ordinance by the municipal assembly. Id.; assignment of places for holding courts of general and special ses- sions and magistrates or police courts. Sec. 53. The municipal assembly, by resolu- tion or ordinance, by a vote of not less than two-thirds of all the members elected to each house, may assign such place in said city as may to it seem most conducive to the public convenience, for the holding of the courts of general and special sessions, and upon the appliic-tion of the board of city magistrates, may designate additional places for the hold- ing 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, before the same takes effect, be published in the City Record and the corpo- ration newspapers, for a period of not less than four weeks. Said publication shall be made under the direction of the city clerk. Id.; as.signment of places for holding municipal courts. Sec. 54. The municipal assembly may as- sign the places where the several municipal courts shall be held, within their respective districts, except as otherwise provided by law. Id.; security to he required from cer- tain officers. Sec. 55. It shall be the duty of the munici- pal assembly, where no provision has been made by law in respect thereto, to provide for the accountability of all officers and other per- sons, save as herein otherwise provided, to whom the receipt or expenditure of the funds of the city shall be intrusted, by requiring frorm them sufficient security for the per- formance of their duties of trust, which se- curity shall be annually renewed; but the security first taken shall remain in force until new security shall be given. Id.; prescribe salaries of officers. Sec. 56. The salaries of all officers whose offices may be created by the municipal as- sembly for the purpose of giving effect to the provisions of this act shall, subject to the other provisions of this act, be prescribed by ordinance or resolution. The municipal as- sembly shall have power, upon the recommen- dation of the board of estimate and appor- tionment, to fix the salary of any officer or person whose compensation is paid out of the city treasury, irrespective of the amount fixed by this act, except that no change shall be made in the salary of an elected officei or head of a department during the term for which he was elected or appointed. Id.; publication of code of ordinances. Sec. 57. The ordinances of the municipal as- sembly shall, as far as practicable, be re- duced to a code and published. Id.; commissionei" of deed.s; appoint- ment, oatb, term; clerk tberefor. Sec, 58. The board of aldermen is hereby authorized and is empowered to appoint com- missioners of deeds from time to time, who shall hold their offices for two years from the date of their appointment; such appointment shall not require the concurrence of the council nor the approval of the mayor, and hereafter, at the time of subscribing or filing the oath of office the city clerk shall collect from each person appointed a commissioner of deeds the sum of five dollars, and he shall not administer or file said oath unless said fee has been paid. All fees col- lected by the city clerk under and by virtue of this act, except as hereinafter provided, shall be accounted for and paid over monthly into the treasury o^f the city. The city clerk shall appoint an officer, to be known as commissioner of deeds clerk, whose duties shall be to enter the names of commissioners of deeds appointed, in a book kept for that purpo'Se, make out certificates of appointment and to discharge such other duties as the city clerk may designate. Said com- missioner of deeds clerk shall receive a sal- ary at the rate of twelve hundred dollars per annum, payable monthly. Any person hereafter appointed to the office of commissioner of deeds in and for the city of New York by the board of aldermen, before entering upon the discharge of the duties of said office and within thirty days after such appointment, shall take and subscribe before the commissioner of deeds clerk, in the office of the city clerk, the following oath of office: That the applicant is a citizen of the United States and of the state of New York, and a resident of the city of New York; that he will support the constitution of the United States and the constitution of the state of New York, and faithfully discharge the duties of the office of commissioner of deeds. Any com- missioner of deeds who may remove from the cDty of Nev/ York during his term of office la hereby required to notify the city clerk of such removal. The term of office of every commissioner of deeds who, on the first day of May, 1898, shall be holding over after a term of two years, shall then cease. Municipal assembly; trustees of public property. See. 59. The municipal assembly and the several members thereof and all officers and employes of the city are hereby declared trustees of the property, funds and effects of said city respectively, so far as such property, funds and effects are or may be committed to their management or control, and every person residing in said city, when authorized to pay taxes therein, and who shall pay taxes therein, is hereby declared to be a cestui que trust in respect to the said property, funds and effects, respectively; and any co-trustees, or any cestui que trust, shall be entitled, as against said trustees, and in regard to said property, funds and effects to all the rights and privileges provided by la,w for any co- trustee, or cestui que trust to prosecute and maintain any action to prevent waste and In- jury to any property, funds and estate held la trust. Such trustees are hereby made subject to all the duties and responsibilities imposed by law on trustees, and such duties and re- sponsibilities may be enforced by the city or by any co-trustee or cestui que trust afore- said. Miinieipal assembly; violations of lavr by members of. Sec. 60. Any member of the municipal as- sembly who shall knowingly and willfully disregard any provision of law applicable to the members of said assembly, or who shall vote for any contract in violation of law or any appropriation unauthorized by law or in excess of the amount authorized by law, or for any illegal or injurious disposition of corporate property, rights or franchises, shall be guilty of a misdemeanor and liable to the punishment and penalties prescribed therefor; and every member voting in favor thereof shall be individually liable to refund the amount to the city at the suit of any citizen and taxpayer. CHAPTEE III. FRANCHISES AND GRANTS OF LAND UNDER WATER. Title 1. Franchises. 2. Grants of land under VM,ter. TITLE 1. FRANCHISES. Inalienable rigbts of tbe city to Itis proijerty. Sec. 71. The rights of the city in and to its water front, ferries, wharf property, land un- der water, public landings, wharves, docks, streets, avenues, parks and all other public places are hereby declared to be inalienable. Franchises to be granted by ordinance Sec. 72. Every grant of or relating to a franchise of any character to any person or corporation must, unless otherwise provided in this act, be by ordinance. Limits and conditions to gi-ants of franchises. Sec. 73. After the approval of this act no franchise or right to use the streets, avenues, parkways or highways of the city shall be granted by the municipal assembly to any person or corporation for a longer period than twenty-five years, except as hereinafter pro- vided, but such grant may at the option of the city provide for giving to the grantee the right on a fair revaluation or revaluations to renew- als not exceeding in the aggregate twenty- five years. Such grant, and any contract in pursuance thereof, may provide that upon the termination of the franchise or right granted by the municipal assembly, the plant, as well as the property of the grantee in the streets, avenues, parkways and highways, with its appurtenanees, shall thereupon be and become the property of the city without further or other compensation to the grantee; or such grant and contract may provide that upon such termination there shall be a fair valu- ation of the plant and property which shall be and become the property of the city on the termination of the grant on paying the grantee such valuation. If by virtue of the grant or contract the plant and property are to become the city’s, without money pay- ment therefor, the city shall have the op- tion either to take and operate the said prop- erty on its own account, or to renew the said grant for not exceeding twen- ty years upon a fair revaluation, or to lease the same to others for a term not ex- ceeding twenty years. If the original grant shall provide that the city shall make pay- ment for the plant and property, such payment 12 THE CHARTER OF THE CITY OP NEW YORK. shall be at a fair valuation of the same as property excluding any value derived from the franchise; and if the city shall make payment for'isuch plant and property it shall in that event operate the plant and property on its own ac- count for at least five years after which it may determine either to continue such operation on its own account, or to lease the said plant and property and the right to use the streets and public places in connection therewith for limited periods, In the same or similar manner as it leases its ferries and docks. Nothing in the foregoing provisions of this section con- tained shali apply to consents granted to- tun- nel railroad corporations and the municipal assembly is hereby authorized, in its discre- tion, to grant a franchise or right to any rail- road corporation to use any of said streets, avenues, parkways or highways in the city of New York for the construction' and oper- ation of a tunnel railroad underneath the surface thereof for the period of 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 such grant shall only be made alter an agreement has been entered into by such a tunnel corpor- ation to pay to the city of New York three per centum, or so much thereof as may be, of the net profits derived from the use of any tunnel which it shall construct, after there shall have first been retained by such com- pany from such net profits a sum equal to five per centum upon the sum expended to con- struct such tunnel. Every grant shall make adequate provision, by way of forfeiture on the grant or otherwise, to secure ef- ficiency of public service at reasonable rates, and the maintenance of the property in good condition throughout the lull term of the grant. The grant or contract shall also specify the mode of determining the valuations and revaluations therein pro- vided for. [Thus amended by Chapter 564, Laws of 1899.] Proceedings prior to grant of fran- eliise. Sec. 74. Before any grant of the fran- chise or right to use any street, avenue, parkway or highway shall be made, the pro- posed specific grant embodied in the form of an ordinance with all of the terms and conditions, including the provisions as to rates, fares and charges, shall be published at least twenty days in the City Record and at least twice in two daily news- papers published in the city to be designated by the mayor at the expense of the proposed grantee. Such ordinance shall on its introduc- tion and first reading be referred by the mu- nicipal assembly to the board of estimate and apportionment, who shall make inquiry as to the money value of the franchise or privilege proposed to be granted and the adequacy of the compensation proposed to be paid therefor, and no grant thereof by the municipal assembly shall be made except on terms approved by vote or resolution of the board of estimate and apportionment, entered on the minutes or record of such board, and every ordinance containing or making such grant shali re- quire the concurrence of three-fourths of all the members elected to each branch of the municipal assembly as shown by the ayes and noes there recorded and the approval of the mayor, and thirty days at least shall intervene between the introduction and final passage of any such ordinance. It shall require a vote of five-sixths of all the members elected to each branch of the mu- nicipal assembly to pass such ordinance over the mayor’s veto. This act shall apply to any | tenewal or extension of the grant or leasing I of the property to the same grantee or to others. Municipal usMcmbly to pass orclinauces Sec. 75. The municipal assembly may from time to time pass appropriate ordinances, not inconsistent with the constitution and laws of the state, to carry the provisions of this title into ef- fect, but shall not part with the right and duty at all times to exercise in tlie interest ol the public full municipal superintendence, regulation and control in respect of all mat- ters connected with such grant, and not in- consistent with the terms thereof. City may dispose of buildings not re- tiuired for public use. Sec. 76. Nothing in this title contained shall prevent the city from disposing of any building or parcel of land no longer needed for public use, provided such disposition shall be ap- proved by the sinking fund commissioners, and shall be at public sale, and be provided for by ordinance. Acts not applicable to grants under this title. Sec. 77. Section 93 of chapter 565 of the laws of 1890 and any acts amendatory thereof or supplemental thereto, shall have no applica- tion to grants made under and pursuant to this title. TITLE 2. GRANTS OF LANDS AND FRANCHISES TO CITY IN AID OP COMMERCE. Grants of lands under water. Sec. S3. To the end that the city of New York, as herein constituted, may be enabled to make needful provisions for the navigation, intercourse and commerce of the city and ade- quately 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, how- ever, to the rights of private owners of proper- ty, and also power to establish, construct, ac- quire, own, maintain and enjoy all ferries, public wharves, docks, piers, bulkheads, ba- sins, slips, streets, approaches and spaces, and all other public structures, adjuncts and facil- ities necessary or proper for the navigation, intercourse and commerce, foreign and domes- tic, of the city. To these ends, in addition to all other grants, there is hereby granted in fee to the said city of New York, as herein constituted, in ail the public streams, rivers, sounds, bays and waters of all descriptions at any and all places within said city or adjoin- ing the limits o-f said city as herein constitut- ed, all and singular the property, estate, right, title and interest of the people of the state of New York, in, to, of and concerning such lands and soil covered by water, as are embraced within the projected boundary lines of any street intersecting the shore line, and which street is in public use or which may be here- after opened for public use, extending from high water mark out into said streams, rivers, sounds, bays and v/aters so far fany limits in existing grants to the contrary) as the said city shall now or at any time hereafter in the opinion of its munieipal assembly, or depart- ment of docks and ferries require the same for. ferries, public wharves, docks, piers, bulk- heads, basins, slips or other public structures, adjuncts and facilities for navigation and com- merce, including the right for such purposes to reclaim such lands from said waters, and including also all riparian rights, and all rents, issues and profits of the premises here- in granted.. The commissioners of the land office shall from time to time convey or patent the lands herein granted to the city for said purposes as and whenever required by th« board of docks. Property and franebiseg inalienable. Sec. 84. The property franchises and rights hereby granted and the works and structures hereby authorized are not the subject of sale, but shall be held by the city in perpetuity. But this shall not prevent the city from leas- ing the same for limited periods of time, in the same manner as it leases other like prop- erty. Private rights protected. Sec. 85. This grant shall not impair or af- fect any existing valid private rights, or the existing riparian rights of owners of pri- vate property, or the lawful rights of private owners of docks, piers and other structures in the said city or any part thereof. Patenting of lands nnder water by commissioners of the land oitiee. Sec. 86. After the approval of this act no patent of soil or land under water within the city ol New York, as herein constitut- ed, shall be made except to the city of New York or to the riparian proprietor. If the board of docks with the approval of the commissioners of the sinking fund, shall pro- ject a plan or plans for the construction of docks between street Intersections as afore- said, and desire a grant of land under water for that purpose, they shall make application therefor to the commissioners of the land office, who thereupon shall give notice to the riparian proprietor before taking action in the matter and shall make such grant to the city for the purposes specified in section 83. Such grant, however, shall be subject to all the rights ol the riparian proprietor, and be- fore the city shall construct such public wharves or other structures in front of the land of such riparian proprietor, the city shall make just compensation to such proprietor lor 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 ol the land of such riparian proprietor. If applica- tion be made to the commissioners of the land office by the riparian proprietor for a grant of soil or land under water within the city of New York, as herein constituted, said commis- sioners shall give notice thereof to the board of docks of the city, which shall examine into such application and determine whether the granting of the same will confiict with ihe rights of the city under this act or be other- wise injurious to the public interests of the said city, and shall report their conclusions to said commissioners, who shall insert such terms and conditions in the grant recommend- ed by the board of docks as will protect the public interests of the city in respect to navi- gation and commerce. The validity of any such grant or patent may be judicially determined in an action brought by and in the name of the city. Power of manicipal assembly. Sec. 87. The municipal assembly may from time to time pass appropriate ordinances to carry the provisions hereof into effect, not in- consistent with law or this act. Repealing- provision. Sec. 88. All acts and parts of acts, so far as the same are inconsistent with this chapter are hereby repealed. CHAPTEK IV. THE EXECUTIVE. Mayor; exeentive power in and elec- tion of; salary. Sec. 94. The executive power of the city of New York, as constituted by this act, shall be vested in the mayor and the officers of tha THE CHARTER OF THE CITY OF NEW YORK. 13 department. The mayor shall he the chief executive officer of the city; he shall be elected at the general election in the year 1897, and every four years thereafter, and shall hold his office for the term of four years commencing at noon on the first day of January after his election. He shall be in- eligible for the next term after the termina- tion of his office. The salary of the mayor shall be fifteen thousand dollars a year. Mayor’s power of removal. Sec. 95. At any time within six months after the commencement of his term of office the mayor, elected for a full term, may, when- ever in his judgment the public interests shall so require, remove from office any pub- lic officer holding office by appointment from the mayor, except members of the board of education and school boards, and except also judicial officers, for whose removal other pro- vision is made by the constitution. After the expiration of said period of six months any such public officer may be removed by fhe mayor for cause upon charges preferred and after opportunity to be heard, sub- ject, however, before such removal shall take effect to the approval of the governor ex- pressed in writing. Administrative departments. Sec. 96. There shall be the following admin- istrative departments in said city: Department of finance. Law department. Police department. Represented in the board of public improve- ments: 1. Department of water supply. 2. Department of highways. R. Department of street cleaning. 4. Department of sewers. 6. Department of public buildings, light- ing and supplies. 6. Department of bridges. Department of parks. Department of buildings. Department of public charities. Department of correction. Fire department. Department of docks and ferries. ■■ Department of taxes and assessments. Department of education. Department of health. Department of finance; controller. Sec. 97. The head of the department of finance shall be called the controller of the city of New York. He shall be elected at the general election in the year 1897, and every four years thereafter, and shall hold his offic^ for the term of four years, commencing at noon on the first day of January after his election. The controller may be removed from office by the governor in the same manner as sher- iffs, except that the governor may direct the inquiry required by law, to be conducted by the attorney general, and after charges have been received by the governor, he may, pend- ing the investigation, suspend the controller for a period not exceeding thirty days. In case ef a vacancy in the office of controller it shall be filled by the mayor, and the person appointed to fill such vacancy shall hold office until noon cf the first day of January suc- ceeding the election at which a successor shall be elected. At the next general election at which municipal officers shall be elected, which shall take place more than thirty days after the occurrence of a vacancy in the office of controller, a successor shall be chosen who shall hold office for the remainder of the un- expired term. Law rtepartment; corporation connsel. Sec. 98. The head of the law department shall be Called the corporation counsel, and shall, unless sooner removed, hold his office for four years and until his successor shall be appointed and has qualified. Police department, police hoard. Sec. 99. The head of the police department shall be called the police board. Said board shall consist of four members to be known as police commissioners of ihe ' city of New York, who shall, unless sooner : emoved, re- spectively hold their offices for four years and until their successors shall respectively be appointed and have qualified, except that the commissioners first appointed shall, unless sooner removed, hold office for one, two, three and four years respectively, as desig- nated by the mayor. Board of pnhlic improvements anti de- partments represented tlierein. Sec. 100. The head of the board of public improvements shall be the president of said board. He shall be appointed by the mayor and shall, unless sooner removed, hold his office for si.x years and until his successor shall be appointed and has qualified. 1. The head of the department of water supply shall be called the commissioner of water supply. He shall be appointed by the mayor, and shall, unless sooner re- moved, hold his office for six years and un- til his successor shall be appointed and has qualified. 2. The head of the department of high- ways shall be called the commissioner of highways. He shall be appointed by the mayor, and shall, unless sooner removed, hold his office for six years and until his successor shall be appointed and has quali- fied. 3. The head of the department of street cleaning shall be called the commissioner of street cleaning. He shall be appointed by the mayor, and shall, unless sooner re- moved, hold his office for six years and un- til his successor shall be appointed and has qualified 4. The head of the department of sewers shall be called the commissioner of sewers. He shall be appointed by the mayor, and shall, unless sooner removed, hold his office for six years and until his successor shall be appointed and has qualified. 5. The head of the department of public buildings, lighting and supplies shall be called the commissioner of public buildings, lighting and supplies. He shall be appoint- ed by the mayor, and shall, unless sooner removed, hold his office for six years and until his successor shall be appointed and has qualified. 6. The head of the department of bridges shall be called the commissioner of bridges. He shall be appointed by the mayor, and shall, unless sooner removed, hold his of- fice for six years and until his successor shall be appointed and has qualified. Department ot parlc.s; park koartl. Sec. 101. The head of the department of parks shall be called the park board. Said board shall consist of three members who shall be known as commissioners of parks. They shall be appointed by the mayor, and shall, unless sooner removed, respectively hold their offices for six years and until their successors shall respectively be appointed and have qualified, except that the commissioners first appointed shall, unless sooner removed, hold office for two, four and six years, respec- tively, as designated by the mayor. Department of bnildinjgs. Sec. 102. The head of the department of buildings shall be called the board of build- ings. Said board shall consist of three mem- bers to be known as commissioners of build- 1 ings. They shall be appointed by the mayor. and shall, unless sooner removed, hold their respective offices for the term of six years, and until their successors shall respectively be ap- pointed and have qualified, except that the commissioners first appointed shall, unless sooner removed, hold office for two, four and six years respectively, as designated by the mayor. Deisnrtment of pnblic charities; hoard of piihlic charllie.«i. Sec. 103. The head of the department of public charities shall be called the board of public charities. Said board shall consist of three membefc to be known as commissioners of public charities of the City of New York. They shall be appointed by the mayor and shall, unless sooner removed, respectively hold their offices for six years, and until their suc- cessors shall respectively be appointed and have qualified, except that the commissioners first appointed shall, unless sooner removed, hold office for two, four and six years, respect- ively, as designated by the mayor. Department of correction; commi.s- sioner of. Sec. 104. The head of the department of correction shall be called the commissioner of correction. He shall be appointed by the mayor, and shall, unless sooner removed, hold his office for six years, and until his successor shall be appointed and has qualified. Fire onral .statistical commission; how constituted. Sec. 131. The municipal statistical commis- sion shall consist of not less than three, nor more than six members, exclusive of the chief of the bureau of municipal statistics. Such members shall he appointed by the mayor and shall be residents of the city. They shall be appointed with special reference to their qualifications to give expert advice upon statistical subjects. Their term of office shall be six years; but the members of the commission first appointed shall by lot di- vide themselves into three classes, so that one-third shall retire at the end of two years, one-third at the end of four 3 -ears and one- third at the end of six years. The successors to such original commissioners shall be ap- pointed for the term of six years. Meetings of commission; yuorum. Sec. 132. The municipal statistical commis- sion shall meet at such times as may be con- venient, but at least once in each month. A majority of the commission shall constitute a quorum fox the transaction of business. Place of mectins'. Sec. 133. It shall be the duty of the hoard of estimate and apportionment to provide suitable offices, furniture and appliances for the use of the bureau of municipal statistics. Com]>ensation of cbicf of bureau and bis assistants, and of tlie commission Sec. 134. The chief of the bureau of munici- pal statistics shall receive an annual salary of .$3,500. He shall appoint his assistants, and shall fix their salaries with the approval of the board of estimate and apportionment. The members of the municipal ritatistical commis- sion shall receive no compensation. Powers uiid duties of tlie commi.ssion. See. 135. The municipal statistical commis- sion shall make such rules and by-lav/s as may be necessary for the regulation of the bureau of municipal statistics not in conflict with this act, or with any latv of this state or of the United States, and shall direct the gen- eral work of the bureau of municipal statis- tics. The commission shall devise and carry out plans for the collection and publication by the bureau of municipal statistics of such statistical data relating to the City of New York as it may deem advisable to publish. The head of each department of the city shall, upon a request from the commission made through the mayor, and approved by him, transmit to the chief of the bureau of munici- pal statistics for use by the commission, upon such blanks as may be provided, or in such other manner as may be deemed convenient by the commission, such statistical data re- lating to the work of such department as the commission may call for. Powers and duties of ebief of bureau. Sec. 136. The chief of the bureau of munici- pal statistics shall have charge of the execu- tion of the plans outlined by the statistical commission, and shall, under the direction of the commission, attend to the collection, tabu- lation and publication of reports directed to be published by the commission. Publication of sfafi.sties. Sec. 137. The bureau of municipal statis- ti'os shall publish annually, with the approval oif the board o-f estimate and apportionment, a volume to be known as the “Municipal Sta- tistios of the City of New York for the year In this volume the statistical coim‘mi.ssi'on shall publish, in so far as it may deem advisable, the results attending the work of the various departments of the city goveniiment for the preceding calendar year, and such other statistical information and facts relating to the city of New York or Its inhabitan'ts as it may deem of general public interesit. Such publication shall contain sta- tistics reloiting to births, marriages, deaths; to the sanitary condition of the city; to the sup-ervision of the tvater supply, parks, streets, pavements, sewers and buildings of the city; to the occurrence of fires; to the administration of charities and corrections; to the administration O'f the police depart- ment; to the judiciary and its various de- partments and branches; to crime; to the business and proceedings of the criminal courts and officers of the city; to the opera- tion of the license laws; to the children at- tending school and to the public schools, to the tvork of the department of education, and to the population of the city of school age; to franchises granted to corporations, and whether they shall have been put in use or not; to municipal revenues and expenditures; to the adminie-fration of the various city de- partments having charge of the expenditure of city moneys; to the administration of the tax department, and to the wealth and indebt- edness of the city; and also a. general state- ment of the legislative enactments relating to the government of the city of New York. Uimitatioii oi exiicnsc of maintaining tbc bnreau of mnnicipal statistics. Sec. 138. The expenses of such publications and all other expenses of the 'bureau of mu- nicipal statistics, shall be included in the an- nual budget. The total expense of maintain- ing the bureau of municipal statistics, includ- ing salaries, shall not exceed in any one year the sum of ten thousand dollars, unless oth- erwise provided by the board of estimate and apportionment and the municipal assembly. CHAPTER VI. DEPARTMENT OF FINANCE. Title 1. The Controller. Title 2. The Bonds and Obligations of the City. Title 3. The Chamberlain. Title 4. The Sinking Funds. Title 5. Appropriations and the Board of Estimate and Apportionment. Title 6. Levying Taxes. TITLE 1. THE CONTROLLER. General duties; settlement of claims. Assent to certain contracts required. Election. Salary. Sec. 149. The finance department shall have control of the fiscal concerns of the corpora- tion. All accounts rendered to or kept in the other departments shall be subject to the in- le THE CHARTER OF THE CITY OF NEW YORK, •pectlon and revision of the officers of this de- partment. ’It shail prescribe the forms of keeping and rendering aii city accounts, and, except as herein otherwise provided, the man- ner in which all salaries shall be drawn, and the mode by which all creditors, officers and employes of the corporation shall be paid. All payments by or on behalf of the corporation, except as otherwise specially provided, shall be made through the proper disbursing offi- cer of the department of finance, on vouchers to be filed in said department, by means of warrants drawn on the chamberlain by the controller, and countersigned by the mayor. The controller may require any person pre- senting for settlement an account or claim for any cause whatever, against the corpora- tion, to be sworn before him touching such account or claim, and when so sworn, to an- swer orally as to any facts relative to the justness of such acdount or claim. Wilful false swearing before him is perjury, and punishable as such. He shall settle and ad- just ail claims in favor of or against the cor- poration, and all accounts in which the cor- poration is concerned as debtor or creditor; but in adjusting and settling such claims, he shall, as far as practicable, be governed by the rules of law and principles of equity which prevail in courts of justice. The power hereby given to settle and adjust such claims shall not be construed to give such settlement and adjustment the binding effect of a judgment or decree, nor to authorize the controller to dispute the amount of any salary established by or under the authority of any officer or department authorized to establish the same, nor to question the due perform- ance of his duties by such officer, except when necessary to prevent fraud. The controller shall not reduce the rate of interest upon any taxes or assessments below the amount fixed by law. No contract hereafter made, the expense of the execution of which is not by law or ordinance, in whole or in part, to be paid by assessments upon the property benefited, shall be binding or o'! any force, un- less the controller shall indorse thereon his certificate that there remains unexpended and unapplied, as herein provided, a balance of the appropriation or fund applicable there- to, sufficient to pay the estimated expense of executing such contract, as certified by the officer making the same. But this provision shall not apply to work done, or supplies fur- nished, not involving the expenditure of more than one thousand dollars, unless the same Is required by law to be done by contract, at public letting. It shall be the duty of the controller to make such indorsement upon every such contract so presented to him, if there remains unapplied and unexpended s-uoh amount so specified by the officer making the contract, and to thereafter hold and retain such sum to pay the expense in- curred until the said contract shall be fully performed. . And such indorsement shall be sufficient evidence of such appropria- tion or fund in any action. The controller shall furnish to each head of department, weekly, a statement of the unexpended bal- ances of the appropriation for his department. Wages and salaries, except as otherwise pro- vided in this act, may be paid upon pay rolls, upon which each person named thereon shall separately receipt for the amount paid to such person, and in every case of payment upon a pay roll the warrant for the aggregate amount of wages and salaries included therein may be made payable to the superintendent, foreman or other officer designated for the purpose. The controller shall enter into, upon behalf of the city of New York, any lease authorized by the commissioners of the sinking fund of property leased to the city. The assent of tbe controller shall be necessary to all agree- ments hereafter entered into by any city offi- cer or department for the acquisition by pur- chase of any real estate or easement therein, when such an agreement involves an obliga- tion 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 oi hereditaments for or on behalf of the corpora- tion of the city of New York, before an award shall be confirmed, imposing an obligation up- on the city to pay any moneys, the controller shall have thirty days’ notice in writing, stat- ing before whom and at what time such pro- ceeding will take place. The controller of the city of Nev/ York shall be elected and shall hold office as provided in this act, and he shall receive an annual salary cf $10,000. To appoint tlepnfy oontroHer. 'Sec. 150. The comptroller shall appoint, and for cause to be stated in the City Record, at pleasure remove, two deputy comptrollers. The said deputy comptrollers shall, in addition to their other powers, possess any or every power and perform any or every duty belong- ing to the office of the comptroller, whenever the said comptroller shall, by due written au- thority and during a period of time not ex- tending beyond three months, nor beyond his term of office, and to be specified in such au- thority, designate and authorize the said dep- uty comptrollers or either of them to possess such powers and perform such duties and such designation and authority shall be duly filed in and remain of record in the depart- ment of finance and in the mayor’s office. The said deputy comptrollers shall possess the like authority in case of the disability of the comp- troller, upon the like designation of the mayor, which shall be filed and remain of record as aforesaid; but such authority de- rived from a designation from the comptroller or the mayor, may at any time be terminated in the same manner as it was created. — [Thus amended by Chapter 130, Laws of 1899.] Bureaus of tlie finance department. Sec. 151. There shall be five bureaus in this department. 1. A bureau for the collection of revenue accruing from rents and interests on bonds and mortgages, and revenue arising from the use or sale of property belonging to or man- aged by the city, and the management of the markets, the stalls or stands In which shall be rented on permits, to be issued by the controller, all of such permits here- tofore or to be hereafter issued to be re- vocable by the controller for good and sufficient cause, and not otherwise, which shall be known as the bureau for fhe col- lection of city revenue and of markets. The chief officer of such bureau shall be called the collector of city revenue and the su- perintendent of markets. 2. A bureau for the collection of taxes, the chief officer of which shall be called the receiver of taxes. He shall receive a sal- ary at the rate of $5,000 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 offi- cer of w’hich shall be called the collector of assessments and arrears. He shall re- ceive a salary at the rate of $4,000 per annum. 4. An auditing bureau, which under the supervision of the controller shall audit, revise and settle all accounts in which the city is concerned, as debtor or creditor, and the chief officers whereof shall be called auditors of accounts, to be appointed or re- moved, as shall be also deputy auditors, at the pleasure of the controller. The num- ber of said auditors and deputy auditors, as well as their salaries, shall be such as the controller shall from time tb tiipe fix and determine. During the absence of either or any or all of said auditors of ac- counts, from illness or other cause, said deputy auditors or any or either of them shall, when and to the extent he or they may be authorized so to do in writing by the controller, perform the duties and exercise the powers of either or of any or of ail of the said auditors of accounts. The .said auditing bureau shall keep an account of each claim for and against the corporation, and of the sums allowed upen each, and certify the same to the controller, with the reasons for the allowance. The controller may detail any ofsuch auditors and depoiy auditors as ho may deem proper to the bor- ough hall cf the borough of Brooklyn, to the borough hall of the borough of the Bronx, to the borough hall of the borough of Queens and to the borough hall of the borough of Richmond, in addition to such as may be in the chief office cf the con- troller in the borough of Manhattan.' All such accounts arising from local improve- ments within the borough of Brooklyn may be audited, revised and settled by the audi- tor or the auditors of accounts so detailed as aforesaid by the controller in the borough hall of the borcugh of Brooklyn. All such accounts arising from local improvements within the borough of Queens may be audited, revised and Settled by the auditor or auditors of accounts so detailed as afore- said by the controller in the borough hall of the borough of Queens. All such ac- counts arising from local improvements within the borough of Richmond may be au- dited, revised and settled by the auditor or auditors of accounts so detailed as aforesaid by the controller in the borough hall of the borough cf Richmond. And all such accounts arising from local improve- ments within the boroughs of Manhattan and the Bronx may be audited, revised and settled by any of the auditors of accounts in the chief office of the controller in the bor- cugh cf Manhattan, or, so far as the bor- ough of the Bronx is concerned, in the office to be located in the bor- ough hall of the borough of the Bronx, and the auditors of accounts may have' such clerks and assistants, examiners, engineers, inspectors and em- ployes as the controller may deem neces- sary and proper, to be appointed by the controller. The number of said appointees, and their salaries, shall be fixed and deter- mined from time to time by the control- ler. 5. A bureau for the reception and safe keeping of all moneys paid into the 'rea>- ury of the city, and tor the payment of money on warrants drawn by the controller and countersigned by the mayor, the chief officer of which shall be called the cham- berlain. Aijpointnient and bond of receiver of taxes and collector of assessments and arx'ears. Sec. 152. The controller shall appoint the receiver of taxes and the collector of assess- ments and arrears. The receiver of taxes and the collector of assessments and arrears, be- fore entering upon the duties of their offices, shall each enter into a bond to the city of New York to be approved by the chamberlain and controller in the pen- al sum of twenty-five thousand dollars, which bond shall be conditioned for the faithful per- formance of the duties of the office by the offi- cer giving such bond. Every such bond shall be a lien on all the real estate held jointly and severally by the said receiver or the said collector executing the same, as the case mav THE CHARTER OF THE CITY OP NEW YORK. 17 be, or any surety thereto, within any of the counties embraced in the city of New York at the time of the filing thereof, unless there be named and described In or on any such bond real estate in one or more of such counties equal in value to the amount of said bond and owned by a surety, in which case the said bond shall be a lien on such real es- tate so described and upon all the real estate of the said receiver or collector as the case may be, and no other, and shall continue to be such lien until the condition, together with all costs and charges which may accrue by the prosecution thereof shall be fully satisfied, not to exceed, however, the period of ten years after the expiration of the term of the officer who has given such bond, unless an ac- tion thereon has been commenced and shall then be pending. Renewal of bond. Sec. 153. If at any time during the continu- ance in office of the said receiver of taxes or of any of the deputy receivers of taxes or of the collector of assessments and arrears or of any of the deputy collectors of assessments and arrears the controller shall deem any surety of them or either of them to be in- sufficient, he may require the said receiver or any deputy receiver or collector or any dep- uty collector, to enter into a new bond to be approved in like manner as herein prescribed, within such time as said controller may direct, not being less than ten days after requiring such new bond to be given; and in case of the neglect or re- fusal of any such officer to furnish such bond within the time so directed, the controller may declare his office vacant. Accoants of receiver and collector and their deputies to be examined. Sec. 154. Upon the expiration of the term of office of the receiver of taxes or of any deputy receiver or of the collector of assess- ments and arrears or of any deputy collector and witffiin one year thereafter, it shall be the duty of the controller to examine the ac- counts of such receiver or collector or depu- ty, 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 saitisfactlon of the condi- tions of such bond and the lien or liens there- by created. And if at any time during his continuance in office any such receiver, col- lector, or deputy receiver, or deputy collect- or ^all execute and file with the controller a new bond in the same form and penalty and approved as provided in section 152, it shall be the duty of the controller to examine and adjust the accounts of such receiver or col- lector or deputy, to the date at such filing, and. If found correct to cause a certificate to that effect to be filed with the bond or bonds previously filed by such officer, and such cer- tificates so filed shall be the full discharge and satisfaction of the condition of such prior bond or bonds and of the lien or liens there- by created. Receiver of taxes and collector of as- sessments and arrears) where to keep offices. Sec. 155. The receiver of taxes and 'the col- lector of assessments and arrears shall each have his chief office in the borough of Man- hattan at such places as shall he, from time to time, by ordinance of the municipal as- sembly designated for that purpose. Each of them shall also have an office in the bo- ron^ of Brooklyn, in the borough of the Bronx, in the borough at Queens and in the borough at Richmond, at suet places in said boroughs as shall be designated by the mu- nicipal assembly. Receivers of taxes and collector of as- sessments and arrears may appoint deputies. Sec. 156. The receiver of taxes and the col- lector of assessments and arrears may each appoint the requisite number of deputy tax receivers' and of deputy collectors of assess- ments and arrears respectively. Each of them shall take from each deputy so appointed by him a bond, in such penal sum and with such sureties as may be approved by him and by the controller and chamberlain, which bond shall run to the receiver or the collector, as the case may be, the city of New York and to whom it may concern, and shall be con- ditioned for the faithful performance of the duties of such deputy. The receiver of taxes, and his sureties, shall be liable lor the acts and defaults of the deputy receivers so ap- pointed, 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 provis- ions of this section shall be filed with the controller. Each deputy receiver of taxes shall have all the powers and be subject to all the duties of the receiver of taxes in respect to the collection and receipt of taxes, and each deputy collector of assessments and arrears shall have all the powers and be subject to all the duties of the collector of assessments and arrears, in respect to the collection of assess- ments and arrears. The deputy receiver of taxes and deputy collectors of assessments and arrears shall receive annual salaries to be fixed by the controller in his discretion, with- in the limits of the appropriation made there- for. Where taxes, assessments and arrears dne and i>ayal>le. Sec. 157. Taxes, assessments and arrears due upon property within the borough of Man- hattan, shall be payable and receivable at the main offices of the receiver of taxes and of the collector of assessments and arrears respect- ively, in said borough. Taxes, assessments and arrears due upon property situated in every other borough shall be payable at the offices of said receiver of taxes or collector of assessments and arrears respectively, in the borough in which said property is situated. Bond of receiver and collector to he died. Sec. 158. The bonds given by the receiver of taxes and the collector of assessments and arrears as hereinbefore provided shall be filed and remain in the office of the controller, and true copies thereof, certified by the con- troller, shall be filed in the office of the clerk of each of the counties wholly or partly em- braced within the city of New York and shall be public records. In case a certificate of the adjustment of the accounts of any receiver or collector be made as hereinbefore provided a true copy thereof, certified by the controller, shall be filed in each of the offices in which a copy of the bond of said receiver or collector shall have been filed. Asfiessment lists to be died. Sec. 159. There shall be kept in the office of the controller a full and complete record, in detail, 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 of entry un- der such record, which record shall be open to inspection during office hours, and the same shall be received as presumptive evi- dence of the facts therein contained. An as- sessment shall become a Hen upon the real es- tate affected thereby immediately upon its entry in the said record. If any such as- sessment list affects property situated in any borough other than the borough of Manhat- tan a copy of such list shall forthwith be transmitted to and filed in the office of the collector of assessments and arrears in the borough in which is situated the property so affected. Coiiti'oller to appoint clerks niid a.s- sistants. Sec. 160. The controller shall appoint as many clerks and assistants to the receiver of taxes and the collector of assessments and ar- rears as may be necessary, and shall desig- nate the boroughs in which they shall respect- ively perform their duties, and shall, within the limits of the appropriation therefor, fix their salaries. Publication of financial statement. Sec. 161. It shall be the duty at the con- troller to publish in ihe City Record and corporation newspapers, two months before the election of municipal officers, a full and detailed statement of the receipts and the expenditures of the corporation during the two years ending on the first day of the month in which said publication is made, and the cash balance or surplus; and in every such statement the different sources of city revenue, and the amount received from each, the several appropriations made, the objects for which the same were made, and the amount of moneys expended under each, the money borrowed on the credit of the corpo- ration, the authority under which each loan was made, and the terms on which the same was obtained, shall be clearly and particular- ly specified. Application of certain moneys. Sec. 162. It shall be lawful for the con- troller to apply the moneys accruing for in- terest 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 cor- poration at such sales. Dedication of certain lands for mar- kets. Sec. 163. The lands in the Ninth ward of that part of the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York, bounded on the north by Bloomfield street, on the south by Ganse- voort street, on the east by West street and Tenth avenue, and on the west by Thirteenth avetjue, being a portion of the lands hereto- fore set apart by law for use as a market place, are hereby dedicated to market pur- poses, and shall be used and occupied as such in the manner that may be designated and prescribed by the commissioners of the sinking fund, who shall have full power and authority in respect thereto. Said commis- sioners of the sinking fund may, in their dis- cretion, lease said lands to be used for public market purposes for such term of years, with such covenants, and for such annual rentals, as in their judgment shall be for the best interests of the city, or may prepare the same for use as a public market. The block of ground in said ward bounded on the north by Little Twelfth street, on the south by Gansevoort street, on the east by Washington street, and on the west by West street and Tenth avenue, is hereby declared to be a public market place, and subject to the provisions of section 205 of this act, shall be kept for the exclusive use of farmers and market gardenei-s. The department of finance shall have sole charge and control of said public market place and of the wagon.s employed in the business of selling farm and garden produce in said THE CFT UlTF THE CITY OF NEW YORK. IS city, and sh.’.i,' 'have power to make suitable regulations concerning fees, the hours during which the said business shall be conducted, and the general management of the same. TITLE 2. THE BONDS AND OBMGATIONS OE THE CITY. Coi'iiocnte stock of the cit.v of New York. Hoiv is.sued. Pcovisiou.s as to houded indebtedness. Sec. 169. All bonds issued by the city of Now York on and after January 1, 1898, in pursuance of laws already passed or which may hereafter be passed, or in pursuance of the provisions of this act, excepting assess- ment bonds and revenue bonds, shall be known as "Corporate Stock of the City, of New York.” For the redemption and pay- men-t of said corporate stock and the interest thereon, the faith and credit of the city of New York shall he and is hereby pledged. Such corporate stock shall be in such form as may 'be designated by the controller, and shall be signed 'by the said controller and the mayor oif the city of New York, and sealed with the common seal of the city of New York, and attested by the city clerk. Such corporate stock s'hall be in coupon form In sums not less than five hundred dollars each share, or shall be registered, and shall be conditioned to be paid in gold coin, or in the legal currency of the United States, at the op- tion of the commissioners of the sinking fund and shall be made redeemable at a period of not less than ten, nor more than fifty years from the date there- of; provided, however, that such stock when Issued to provide for the supply of water shall always be issued in the manner provid- ed by Section 10 of Article VIII of the consti- tution of the sfiite of New York. Such cor- porate stock and all assessment bonds and revenue bonds, as well as all bonds hereafter to be issued by the cHy of New York 'by vir- tue of this act or oif any dther act, whether general or special, shall be free and exempt from all taxation, except for state purposes. The interest on such corporate stock and on all other bonds of the corporation, except revenue bonds, shall not exceed four per cen- tum per annum, and shall be made paya'ble quarterly, or semi-annually, in the city of New York, or at suc'h other place as may be fixed by the said controller at the time of issue of said stock or bonds; provided, how- ever, that the Interest on revenue bonds, is- sued in anticipation of the collection of taxes may be made paya'ble at the date of the ma- turity thereof. Corporate stock of the city of New York is- sued in pursuance of laws already passed or which may be herea.fter passed, or in pursu- ance of the provisions of this act, shall be, unless otherwise provided by this act, issued by the controller only to the extent to which he may be thereunto authorized by resolu- tion of the municipal assembly and the board of estimate and apportionment adopted by vote as provided for In this act; provided, how- ever, that wherever by existing provisions of law, or by the provisions of this act, the commissioners of the sinking fund may be epeciflcally authorized to provide for the issue of stocks or bonds, said authorization of the controller shall be made by said commission- ers instead of the said municipal assembly and said board of estimate and apportion- ment, and. provided, further, that whenever the amount of stocks or bonds required to be issued in pursuance of any law' for any one purpose In any year shal! not exceed the sum of one hundred thousand dollars, the con- troller may issue such bonds when thereunto O !■' auth-ri'zod by the vote of a majority of the beard of estimate and apportionment. iMsno of stock or bonds by tbe City of Nexv York to take tbe place of bonds itntborized to be issnetl by laws en- acted prior to January 1st. 181)8. Sec. 170. Whenever, and to the extent to which, it may be lawful for the municipal or public corporations or 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 purposes bond.s pursuant to laws enacted prior to January 1, 1898, it shall be lawful for the city of New York, as hereby constitut- ed, to issue corporate stock as herein provid- ed for the same purposes; provided, hov/ever, that the amount so to be issued shall not in any one case exceed the balance remaining unissued of the amount limited to be is- sued pursuant to the authority of said laws. In similar instances assessment bonds and revenue bonds of the city of New York, as hereby constituted, may likewise be so is- sued, subject to the same limitations as to the amount thereof. Bonds to be issued in sums of ten dol- lars oi* any multiple thereof. Sec. 171. Whenever it shall be lawful to Is- sue any bonds of the city of New York as constituted by this act, the same, when Is- sued in registered form, may be issued in de- nominations of ten dollars or any multiple thereof. Preference shall, as far as practica- ble, and without pecuniary disadvantage to the said city of New York, be given to appli- cants for the smallest amounts and smallest denominations of said bonds in issuing the same. Registration of stocks and bonds. Sec. 172. All stocks and bonds heretofore lawfully issued by any of the municipal or public corporations or parts thereof, which have heretofore been annexed to or consoli- dated with the corporation known as the may- or, 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 constituted, including the counties of Kings and Richmond, for the payment of the principal and interest, of which the City of New York is liable, may be registered and must be recorded by the owners thereof in the controller’s office in said city; and shall be transferable at the pleasure of the holder, either in person or by attorney, only upon the books of the corporation in said office, and sub- ject to such reasonable rules and regulations as the controller may prescribe; such registry and transfer to be indorsed thereon by the controller. Whenever such stocks or bonds have been issued in coupon form, and when- ever hereafter corporate stock of the City of New York may be so issued. It shall be the privilege of the holders thereof at any time, subject to such rules and regulations to con- vert the same into registered stock or bonds and the controller is hereby authorized to is sue registered stock or bonds therefor in the manner and form in which the same would have been conditioned if originally issued in registered form. The interest on all such stocks and bonds, when so registered, shall, as the same becomes due and payable, be paid in like manner as upon other registered stocks and bonds of the City of New York; and whenever any such stocks or bonds have coupons attached, the controller shall, upon registration thereof, have authority to de- tach all coupons therefrom, and shall there- upon Indorse the fact of such registration, with a reference to this section. Puutl for street and park openings. Sec. 173. The fund heretofore established and accumulated in the treasury of the cor- poration known as the mayor, aldermen and commonalty of the City of New York, entitled the fund for street and park openings, shall be continued in the corporation of the City of New York, as hereby constituted. The said fund for street and park openings shall consist of; 1. Whatever cash balance in said fund may upon January 1, 1898, 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 on January 1, 1898, in the treasuries or standing to the credit of the several munic- ipal 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 estimate and assessments in reports heretofore confirmed or hereaf- ter to be confirmed in proceedings taken to open any street, road, avenue, boulevard, public square, or place, park or parkway, or to acquire title to land required for any bridge, tunnel or approach thereto, and all the costs and expenses of such proceedings heretofore or hereafter taxed. 3. Such sums as may be raised by taxation in the city of New Work, 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 ob- jects and purposes in the preceding subdi- vision of this section specified. 4. All moneys 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 confirmed for opening any street, road, avenue, boulevard, public square or place, park or parkway, or for acquiring title to land required for any bridge, tun- nel or approach thereto, wholly or partly within the limits of the several munici- pal or public corporations or parts thereof, which by this act are made part of the cor- poration of the city of New York. Damages, etc., to be paid from said fund. Sec. 174. From the said fund for street and park openings, and not otherwise, shall be paid all damages awarded by the commis- sioners of estimate and assessment in reports hereafter or heretofore confirmed in proceed- ings taken to open any street, road, avenue, boulevard, public square or place, park cr 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 ct sts and expenses of such pro- ceedings heretofore or hereafter taxed. The person or persons to whom awards shall be made in such proceedings, wherein reports are or 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 require the officers of said city to raise, as hereafter provided, the money necessary to enable the controller to pay such awards, costs and expenses from the said fund, and thereafter compel the payment of such dam- ages, costs and expenses from such fund. Whenever the amount of the damages award- ed in any report, together with the costs of the commissioners and the charges and ex- THE CHARTER OF THE CITY OF NEW YORK. 19 penses, shall exceed the balance remaining in said fund after deducting all outstanding claims against said balance, the controller is authorized to raise by the issue and sale of revenue bonds such amounts as shall be necessary to pay such damages, costs and ex- penses; 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 hereto- fore or hereafter adopted by any board or body pursuant to any statute, the whole or any portion of the awards made in any pro- ceeding, and of the costs and expenses there- of, are payable out of the fund for street and park openings and are not to be as- sessed upon the property benefited, but are to be borne and paid by the city of New York, the board of estimate and apportion- ment may, in its discretion, by a majority vote, direct that the amount so to be borne and paid by said city of New York shall be raised by the issue and sale of corporate stock of the city of New York, and the con- troller shall thereupon issue and sell said stock at such times and in such amounts as may be necessary, and shall pay the procee.ls ^hereof into said fund for street and park openings. Rcplenislilng of said fnnd. Sec. 175. The corporation counsel shall fur- nish to the board of estimate and apportion- ment in each year, at the time of making the estimate for the ensuing year, a list of ail reports confirmed for the twelve preceding mouths with a statement of the amount of awards and costs taxed in each proceed- ing. The controller shall at the same time furnish to the said board state- ments of the amount of such awards and costs already paid, and of the amounts due fjr awards and costs payable from the said fund and still unpaid, and of the amounts of revenue bonds then outstanding, issued in pursuance of the last preceding section, and of the balance in the treasury to the credit of the said fund. The municipal assembly and the .'aid board shall thereupon include in the annual budget for the ensuing year a sum sufficient, with such balance, to pay all claims for the awards and costs in all proceedings in which reports shall have been prior to that time confirmed, and which awards shall not then have been paid, and also a sum sufficient to pay and discharge the revenue bonds then outstanding and issued in pursuance of the last preceding section. l'u> i after issned or pnreliascd. Sec. 182. V'Ti^enever any bonds or stocks shall be hereafter issued, other than rev- enue bonds, or such bonds and stocks as maj^be purchased for Investment by the com- missioners of the sinking fund, the controller shall invite proposals therefor by public ad- vertisement, for not less than ten days, and shall award the same to the highest bidder or bidders therefor; provided that no proposals for bonds oc stocks shgU 20 THE CHARTER OF THE CITY OF NEW YORK. be accepted for less than the par value of the same; and said proposals shall only be publicly opened by the control- ler, in the presence of the commissioners of the sinking fund, or such of them as shall attend. Every bidder, as a condition prece- dent to the reception or consideration of his proposal, shall deposit with the controller a certified check, drawn to the order of said controller upon one of the state or national banks of the said city, or a sum of money; such check or money to accompany the pro- posal to an amount to be fi.xed by the con- troller not exceeding two and one half per centum of the amount of the proposal. With- tn three days after the decision as to •who is or are the highest bidder or bidders, the controller shall return all deposits made to the persons making the same, except the deposit made by the highest bidder or bidders, and if the said bighest bidder or bidders shall refuse or ne- glect, within five days after service of writ- ten notice of the award to him or them, to pay to the city chamberlain the amount of the stocks or bonds aw'arded to him or them at their par value, together with the premium thereon, less the amount deposited by him or them, the amount or amounts of deposit thus made shall be forfeited to and retained by said city as liquidated damages for such ne- glect or refusal, and shall thereafter be paid into the sinking fund of the city of New "Vork for the redemption of the city debt. Exi>en."!!c.s of restoring; street pave- jiieiits; hoiiv met. Sec. 183. The moneys which the controller Is authorized to pay pursuant to the provis- ions of section 525 of this act shall be ob- tained by him from time to time, as may be necessary, by the sale of assessment bonds as provided by section 181 of this act. The money collected pursuant to the provisions of said section 525 shall be set apart when collected as a trust fund, and applied to the redemption of the principal and interest of said bonds. Rerteiuplion of certain bonds payable from eolJection of si.s.se.ssnieiits. Sec. 184. If at any time hereafter the amount in the treasury of the city derived from collections of assessments shall be in- sufiicient to meet and pay, when they become due and payable, any bonds issued by the city of New York, as hereby constituted, or any bonds heretofore issued by any of the munic- ipal or public corpora'cions or parts thereof hereby consolidated into the city of New York, for expenditures incurred on public improvements, payable in w^iole or in part from assessments, then it shall be lawful for the controller, when thereto authorized by the municipal assembly and the heard of es- timate and apportionment, 4o issue corporate Stock of the city of New York for an amount sullicient to pay the bonds so falling due as aforesaid; or the controller may in his dis- cretion, for such purpose, issue assessment bonds in the manner provided by section 181 of this act. Defieieiieie.s in eolleotioiis of aiTears of as.sessments; bovv met. Sec. 185. The controller is here'by authorized to issue from time to time assessment bonds In the manner provided by section 181 of this act, to provide such amounts as may be re- quired to meet the deficiencies caused by de- lay in collecting arrears of assessments; the aggregate amount so issued not to exceed at any time the aggregate amount of said’ ar- rears then oui.standing. Bomls for state taxes. Sec. 186. For the purpoee of enabling the «Uy of New York to make payment ooiipoiiited; bond. Sec. 194. The chamberlain shall be ap- pointed in the same manner as heads of de- partments, and shall hold his office for four years, unless sooner removed, as herein provided. He shall, within ten days after receiving notice of his appointment and be- fore he enters upon his office, give a bond to the people of the state of New York in the sum of three hundred thousand dollars, with not less than four sufficient sureties, to be approved by the controller, conditioned that he will faithfully discharge the duties of his office and all trusts imposed on him by law in virtue of his office. Such bond shall be deemed to extend to the faithful execution of the duties of the office until a new appointment shall be made and con- firmed, 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 subordinates, an action upon such bond may be begun and prosecuted to judgment by the attorney general, or by the'city, which shall, after first paying therefrom the expenses of the liti- gation, cause the proceeds of such judgment to be distributed as shall he lawful and equitable among the persohs and objects in- jured or defrauded by such official miscon- duct or default of said cham'berlaiu, or any of his subordinates. • Duties. Accounts of to be examined by commissioners of accounts. Sec. 195. Said chamberlain shall exhibit to the municipal assembly, at its first meeting in the month succeeding that in which he en- ters upon the execution of his office, an ex- act statement of the balance in the treasury to the credit of the city, with a summary of the receipts and payments of the treasury during the preceding year, and since the la^t THE CHARTER OF THE CITY OP NEW YORK. 21 preceding report required by law, if more than a year shall have elapsed since such re- port. He shall receive all moneys which shall rrom time to time be paid into the treasury of the city. He shall deposit all moneys which shall come into his hands on account of the city on the day of the receipt thereof, or on the business day next succeeding, in such banks and trust companies as shall have been designated as deposit banks in pur- suance of the next section; but no amount shall be on deposit at any one time in any on* bank or trust company exceeding one-half ol the amount of the capital and net surplus of such bank or trust company. The money so dei>osited shall be placed to the account of the chamberlain, and he shall keep a bank book. In which shall be entered his accounts of de- posit in, and moneys drawn from the banks and trust companies in which the deposits shall be made. The said banks and trust com- panies shall, respectively, transmit to the controller a weekly statement of the moneys which shall be received and paid by them on account of the city treasury. The chamber- lain shall pay all warrants drawn on the treasury by the controller and countersigned by the mayor, or the chief clerk of the may- or when emiwwered by the mayor in writing so to do, and no moneys shall be paid out of the treasury except on the warrant of the controller so countersigned. No such warrant shall be signed by the controller or countersigned by the mayor, except upon vouchers for the expenditure of the amount named therein, examined and allowed by an auditor of accounts, approved by the control- ler and filed in the department of finance, ex- cept in the case of judgments, in which case a transcript thereof shall be filed, nor except such warrant shall be authorized by law or by ordinance, and shall refer to the law or or- dinance, and to the appropriation under and from .which it is drawn. The chamber- lain shall not draw any moneys of the city treasury from said banks or trust companies unless by checks sub- joined and attached to such warrants and sub- scribed by him as chamberlain, and no moneys shall be paid by either of the said banks or trust companies on account of the treasury ex- cept upon such checks. The charnberlain shall exhibit his bank book to the controller on the first Tuesday of every month, and of- tener when required. The accounts of the chamberlain shall be annually closed on the last day of November, and shall be examined In the month of December in each year by the commissioners of accounts. Such commis- sioners shall examine the accounts and vouch- ers of all moneys received into and paid out of the city treasury during the year ending on the last day of November next preceding such examination, and shall certify and report to the mayor and municipal assembly in the fol- lowing month of January the amount of mon- eys received into the treasury during such year, the amount of moneys paid out during the same period by virtue of warrants drawn on the treasury by the controller, the amount of moneys received by the chamberlain, who shall be in office at the tinle of such examina- tion, if he ertered upon the execution of his duties since the last preceding report, the bal- ance in the treasury on the last day of No- vember preceding such examination, the amount of moneys borrowed for or on the cred- it of the city during such year aiid the amount of the bonds of the city issued during such year, with the purposes for which and the authority under which such bonds were issued. Such commissioners shall also compare the warrants drawn by the controller on the treasury during the year ending on the last day of November pre- ceding 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 controller had power to draw such warrants; and if any shall be found which, in their opinion, he had no power to draw, they shall specify the same in their report, with their reasons for such opinion. Pnljlic moneys; where to be cleiiosite'il. Salary ot chamberlain. Sec. 196. The said chamberlain and mayor and controller shall, by a ma- jority vote, by written notice to the controller, designate the' banks or trust companies in which all moneys of the City of New York shall be deposited, and may, by like notice in v/rlting, from time to time, change the banks and trust companies thus designated; but no such bank or trust com- pany shall be designated unless its officers shall agree to pay into the city treasury in- terest on the daily balances at a rate to be fixed by the mayor and chamberlain and the said controller of the City of New York, by a majority vote, which rate shall be so fixed quarterly, on the first days of February, May, August and November in each year, according to the current fate of interest upon like bal- ances deposited in banks and trust, companies in the City of New York by private persons and corporations. The said chamberlain shall keep books showing the receipts of moneys from all sources, and designating the sources of the same, and also showing the amounts paid from time to time on account of the several appropriations, and no war- rants shall be paid on account of any appro- priation 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 controller all moneys re- ceived by him, the amount of all warrants paid by him since his last report, and the amount remaining to the credit of the city. The chamberlain shall receive the sum of $12,000 annually, and no more, for his services as chamberlain of said city, and as county treas- urer of the county of New York, in lieu of all salary and of all interest, fees, commissions and emoluments; and all such interest, fees, commissions and emoluments shall be ac- counted for and paid over by him to the city j treasury, except that the commissions or com- pensation provided by law, and received by > him for receiving and paying over the state taxes and all interest which accrue on de- posits shall be paid by him to the commis- sioners of the sinking 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 his office, shall be paid by the City of New York when fixed by him and approved by. the municipal assembly and the board of estimate and apportionment. _ Certain sections of code of civil pro- cedure respectinj? moneys ]>aid into courtj applicable. Sec. 197. Each provision of title three of chapter eight of the code of civil procedure, relating to a county treasurer, applies to the chamberlain, with respect to money paid into court, in an action triable in the City of New York, as hereby constituted, or with re- spect to money, or a bond, mortgage, or other security, or public stock, rep- resenting money paid into court, except where special provision, with respect to the same, is otherwise made by law. Fees. Sec. 198. The chamberlain is entitled, for the services specified in this .section, to eol- I I lect for, and on behalf of the city the fol- lowing fees: For receiving money paid into the court, one-half of one per centum upon the sum so received. For paying out the same, one-half of one per centum upon the sum so paid out. For investing money, pursuant to the direction of the court, one-half of one per centum upon the sum invested, not ex- ceeding two hundred dollars, and one-quarter of one per centum upon the excess over two hundred dollars. For receiving the interest upon an investment, and paying the same to the person entitled thereto, one-half of one per centum upon the interest so received and paid. All of said fees when collected by said chamberlain shall be paid by him into the city treasury as provided in section 196 of this act. TITLE 4. THE SINKING FUND. Commissioners of tlie sinking fund; Iiow constituted. Sec. 204. There shall be a board of commis- sioners of the sinking fund, composed of the mayor, controller, chamberlain, president of the council and chairman of the finance com- mittee of the board of aldermen, with all the powers and duties now assigned, designated and reposed by law or ordinance in the com- missioners of the sinking fund of the city of New York, as heretofore constituted, of the city of Brooklyn and of Long Island City, or the officers intrusted with similar powers and duties in any of the municipal or public corporations or parts thereof including the counties of Kings and Richmond, hereby con- solidated with the mayor, aldermen and com- monalty of the city of New York, except as otherwise provided by this act. The Said board shall administer each of the said sev- eral sinking funds, and perform, carry out and exercise the several trusts, powers, obliga- tions and duties relating thereto, in the same manner as the same would have been admin- istered, performed, carried out and exercised if this act had not been passed, except aa otherwise provided in this act. The assets and accounts of each of said sinking funds shall, except as hereinafter otherwise provided, be kept separate and dis- tinct, and the same shall in all respects be ad- ministered as independent trusts, subject to and governed by the several provisions of law or ordinance heretofore relating thereto, with the intent and purpose of preserving inviolate the rights of holders of bonds and stocks heretofore issued by any of the municipal and public corporations or parts thereof hereby made of the city of New York, including the counties ol Kings and Richmond. Powers. Sec. 205. The said board shall, except as In this act otherwise specifically provided, have power to sell or lea,se for the highest market- able price or rental at public auction or by sealed bids, and always after public adver- tisement and appraisal under the direction of said board, any city property except parks, wharves and piers and land under water, but not for a term longer than ten years nor for a renewal for a longer period than ten 'years. But if said property be market property excepting the market between Sixteenth aild Seventeenth streets, east of Avenue C; the market in Gouverneur slip and the market in Old slip, it shall not be sold or leased unless under a condition that the purchaser or lessee thereof shall maintain said market property as and for the purposes of a public market for at least ten years from and after such sale or lease, and under due ordinances of the municipal assembly of the department of health or under stipulations in the deed of 22 THE CHARTER OF THE CITY OF NEW YORK. sale or lease, unless otherwise ordered by the commissioners of the sinking fund and the municipal assembly. The proceeds of said sale or leasing shall on re- ceipt thereof, after paying necessary charges, be immediately paid to the credit of the sinking fund of the city of New York for the redemption of the city debt. The provisions of existing laws or ordi- nances relative to the investment of moneys and assets of the several sinking funds hereby made subject to the control of the commis- sioners of the sinking fund, as hereby con- stituted, in bonds, stocks or obligations of the municipal or public corporations or parts thereof hereby consolidated into the city of New York, including the counties of Kings and Richmond, 'shall hereafter apply to in- vestment thereof in the bonds and stock of the corporation of the city of New York, Issued on and after January 1, 1898, pro- vided, however, that such bonds or stocks shall not thereupon or thereafter be canceled, except as herein otherwise specifically pro- vided, but the same shall upon their ma- turity be paid off, liquidated or discharged In the same manner as they would be if held by private creditors. It shall be lawful for the commissioners of the sinking fund in their discretion, and they are hereby empowered in such discre- tion, to cancel from time to time, but not before maturity, bonds and stocks of any of the municipal and public corporations or parts thereof forming part of the corporation of the city of New York, as hereby consti- tuted, and of the counties of Kings and Richmond, which may be held by any of said sinking funds on December 31, 1897, pro- viding said bonds and stocks are by law redeemable from the sinking funds in which the same are held. It shall also be lawful for the commissioners of the sinking fund in their discretion, and they are hereby em- powered in such discretion, to cancel from time to time, but not before maturity, any portion of the indebtedness of the city of New York, as hereby constituted, incurred on or after January 1, 1898, which may be held by them in the “Sinking fund of the city of New York,” as hereinafter consti- tuted, and which maj' by law be redeemable from said sinking fund as herein or else- where provided, and all such similar indebt- edness incurred to provide for the supply of water, which may be held by them and re- deemable from “The water sinking fund of the city of New York” as hereinafter con- stituted. The funds to be known as the “sinking fund of the city of New York” and the “water sink- ing fund of the city of New York,” as herein- after oonstituted, shall be administered by the commiBsioners of the sinking fund, in like manner as provided by the ordinance of the mayor, aldermen and commonalty of the city of New York, approved by the mayor, Feb- ruary 22, 1844, so far as the same may be applicable; provided, however, that nothing contained in said ordinance shall affect or alter the composition of the board of com- missioners of the sinking fund, as by this act constituted. The sinklns fund of the city of New YorU. Sec. 206. There shall be created a fund to be known as the “sinking fund of the city of Now York,” whicih shall have for its purposes the liquidation of the principal of the debt of the corporation of the city of New York in- curred on or after January 1, 1898, as to which no provision for the payment thereof other- wise than from taxation is made, and ex- cepting revenue bonds and bonds issued to provide for the supply of water pursuant to the provisions of section 10 of article VIII, of the constitution of the state of New York. For the redemption of such debt out of said sinking fund there shall be annually included in the budget and paid into the sinking fund of the city of New York herein created, an amount to be estimated and certified by the controller, and to be by the municipal as- sembly and the board of estimate and appor- tionment inserted in the budget for each year, which with the accumulations of interest thereon shall be sufficient to meet and dis- charge such bonds or stocks by the time the same shall be payable. Whenever the bonds and stocks outstanding on December 31, 1897, and being charges or liens on any of the sinking funds hereby made subject to the control of the commissioners of the sinking fund, shall in respect to any such sinking fund be wholly discharged, liquidated or canceled, it shall thereupon be lawful for the commissioners of the sinking fund to cancel such bonds of the corporation of the city of New York issued on or after January 1, 1898, as may be held by such sink- ing 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, as herein created. Whenever such payments shall be made, the controller in making the certificate to the board of estimate and ap- portionment by this section required shall take into account the amount thereof, and de- duct the same from the estimated amount to be Included in each year’s budget ais herein provided. Sinking funds for redeini>tion purposes to be continued. See. 207. The fund known as “the sinking fund of the city of New York for the redemp- tion 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 corporations or parts thereof, by this act consolidated with the corporation known as “the mayor, aldermen and commonalty of the city of New York,” including the counties of Kings and Rich- mond, shall be continued and the funds, moneys, revenues and assets heretofore pledg- ed and appropriated to each of said funds shall continue to be and the same are Jiereby pledged and appioprlated thereto sev- erally and respectively in the same manner as though this act had not been passed, until such time as the bonds, stocks and obligations outstanding on December 31, 1897, and redeemable there- from, shall have been respectively cancelled, liquidated, discharged and redeemed. Wherever, by existing laws or ordinances, the duty is imposed upon boards or officers of the several municipal or public corporations or parts thereof hereby consolidated with the mayor, aldermen and commonalty of the city of New York, including the counties of Kings and Richmond, to raise by taxation, annually or otherwise, amounts of money for sinking fund purposes, or for the redemption of or payment of interest on bonded indebtedness, for wfiich the city of New York are hereby constituted, Is by this act made liable. It shall be the duty of the proper officers of the said, the city of New York, in like manner to raise such amounts by taxation upon the estates, real and personal subject to taxation in said city. Sinking fnnds created pnrsnaut to con- stltntionnl reqaireinentss water .sink- ing fund ot tbe city ot New York. Sec. 20S. There shall be created a fund to he kuov/n as the “water sinking fund of tbo city of Now York,” which s’c.ail have for its purpo.^e the liquidation of the principal of the debt incurred by the city of New York, as hereby constituted, on or after January 1, 1898, for the supply of water as procided by section 10 of article VIII of the constitution of the state of New York. The funds known as the “sinking fund No. 2 of the city of Ne\^’ York,” the “water sink- ing fund ot the City of Brooklyn and the sinking funds of each and every munici- pal and public corporation or part thereof hereby made part of the corporation ot the city 6f New York, including the counties of Kings and Richmond, created pursuant to the requirements of the constitutional amendment adopted November 4, 1884, or ot section 10 ot article VIII of the constitution of the state of New York, shall be continued, and the funds, moneys, revenues and assets heretofore pledged and appropriated to each of said funds shall, except as herein otherwise spec- ially provided, continue to be severally and respeativefly so pledged and appropriated. It shall, however, be the duty of the controller of the city of New York, as soon as practic- able after the passage of this act, to cause an examination to be made as to the condition of said funds, and if it appears to him, and ha shall so certify to the commissioners of the sinking fund, that said funds or any of them have not been managed, invested and adminis- tered 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 concur- rent vote, to authorize and direct the amal- gamation of said fund or funds with the wa- ter sinking fund of the city of New York, as hereby constituted. Sinking fnnds for the payment of in- terest. 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 con- tinued, and after providing for the interest on the bonds and stocks now pay, able t’ncre- from as provided by law, shall ferm a fund which shall be transferred to the sinking fund of the city of New York for the re- demption of the city debt; provided, how- ever, that nothing herein contained shall au- thorize the payment from said fund of any interest which may accrue on bonds to bo is- sued by the corporation of the city of New York, as hereby constituted, after January first, one thousand eight hundred and ninety- eight. Like funds in any of the municipal or public corporations or parts thereof whioh by this act are made part of the corporation of the city of New York, as hereby constituted, including the counties of Kings and Rich- mond. shall likewise be continued, and any surplus that may remain therein after fully satisfying all claims, liens or charges that may exist against such funds pursuant to law or ordinance shall, unless otherwise pro- vided by law, be transferred to the sinking fund of the city of New York, as herein con- stituted. Disposition of certain moneys received foi‘ local imi>rovements. Sec. 210. All moneys now in the treasury of the corporation known as the mayor, al- dermen and commonalty of the city of New York heretofore collected and received in payment or on account of assessments made and confirmed for local improvements in said city, and all moneys whioh shall hereafter be collected and received in paymeuc or on ac- count of a.sses.5ments made and confirmed, or which may bo made and confirmed, for ic'al improvements in said city completed THE CHARTER OF THE CITY OF NEW ’’01!K. prior to June third, eighteen hundred and seventy-eight, shall be paid into the sinking fund for the redemption of the city debt, and the same is hereby, in addition to the revenues and moneys aforesaid, pledged and appropri- ated to said sinking fund for the payment of the bonds and stocks of said city, to be paid and redeemed therefrom as herein pro- vided. Funds and revenues pledged to re- demption of city debt. Sec. 211. Between the city and its creditors, holders of its bonds and stocks as aforesaid, including the bonds and stocks of the munici- pal or public corporations or parts thereof consolidated with the corporation known as the 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 and there is hereby declared to be a contract that the funds and revenues of the city, including all the corporations last stated and said counties of Kings and Richmond, and the funds to be collected from assessments pursuant to any law by this chapter pledged to the sinking fund for the redemption of the city debt, shall be accumulated and applied only to the purposes of the said several sinking funds as prescribed by law, until all of said debt redeemable therefrom is fully redeemed and paid, as herein provided. Sinking fund for the redemption of the elty debt not to be alienated or Impaired. Sec. 212. Nothing in this chapter contained shall be held to require or authorize the commissioners of the sinking fund to use or apply any part or portion of the accumulations in said sinking fund for the redemption of the city debt, or the revenues of said fund in any manner whatever, whereby the security of said fund for the payment of the bonds and stocks of the corporation known as the mayor, aldermen and commonalty of the city of New York, for which said fund is now pledged by law, and which are a charge on said fund, shall be alienated or impaired, and the said bonds and stocks so secured by law are here- by declared to constitute a preferred charge on said sinking fund until the same are fully and finally paid and redeemed. Commissioners may call in bonded debt. Consolidated stock of the city of New I or?.;; lien of, on sinking fund for the redemption of the city debt. Sec. 213. The commissioners of the sinking fund are hereby authorized and empowered 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 constitut- ed by this act, other than revenue bonds, issued in anticipation of the collection of taxes, when they may deem it to be ad- vantageous for the interest of the city so to do, and for this purpose the said commission- ers of the sinking fund are hereby empowered to authorize, by a concurrent vote, and direct the controller to issue and sell or exchange therefor at not less than par, corporate stock of said city, in the manner herein provided; and upon the payment and redemption of any portion of said bonded debt, the certi- ficates thereof shall be canceled by said commissioners. The "consolidated stock” of the mayor, al- dermen and commonalty of the city of New York, issued pursuant to the plovisions of section 176 of chapter 410 of the iaws of 1882, after fully providing for the preferred bonds and stocks of .said city, as in the preced- ing section specified, shall form a charge upon the said "sinking fund for the redemption of the city debt,” and any part of the bonded debt of said corporation falling due and not ex- changed for or redeemed from the proceeds of said consolidated stock as in said .section provided, may be paid from said sinking fund for the redemption of the said city debt, pro- vided such payment shall not in any way impair the preferred claims thereon as in the preceding section specified, and provided also, the commissioners of the sinking fund shall deem it to be for the best interests of the city that such payment shall be so made. Preferred bonds and stocks to be paid from the sinking fnntl for the re- demption of the city debt. Sec. 214. From the said sinking fund for the redemption of the city debt ehall be paid and redeemed all preferred bonds and stocks of the mayor, aldermen and commonalty of the city of New York, as by this title authorized. 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 corpora- tion known as the mayor, aldermen and com- monalty of the city of New York, including assessments for improvements 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. Alteration of rates prohibited. Sec. 216. It shall no't be lawful for the city of New York to make or cause to be made, any alteration of rates or charges affecting any item or source of the revenues of any of the sinking funds of said city, or of the general fund which may tend to a diminution of the receipts from such source of revenue, or either of them, and all the revenues of said corporation not by law otherwise spe- cifically appropriated, shall, when received into the city treasury, be credited to the gen- eral fund. Applications for leases for public pur- poses. Statement by controller. Sec. 217. All applications to lease any real estate for the purposes of The City of New York, Including the premises required in accordance with law, for armories and drill rooms and places of deposit for the safe keeping of arms, uniforms, equipments, ac- coutrements and camp equipage of the na- tional 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 com- missioners a statement, in writing, of the facts relating to any real estate proposed to be leased, the purposes for which such lease is required by the city, with his opinion, and the reasons therefor, as to the fair and reason- able rent of said premises. The said com- mi.ssioners upon such report, and upon such further inquiry as they, in their discretion, may make, may authorize a lease of such premises as shall be specified in their res- olution, 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 be authorized except at a fair and reasonable rent, and unless the commissioners are satisfied, and shall so ex- press, that it would be for the interests of the city that a lease of the premises for the purposes specified should be made. With- out the consent of the said •coramisin’-ncrs, the piomises leased shaii not bp us-u dur- I lug the period of ihe lease for purposes ether than specified in said resolution. If the city shall, prior to the making of ‘lie lease, have entered upon the possession of the property the lease may be made to com- mence as of the date when the occupation co-mmenced. [Thus amended by Chapter 650, Laws of 1898.] Ce.Hsion of certain lands to federal government to Improve Harlem river Sec. 218. The commissioners of the sinking fund, or the municipal assembly, are authorized to rede, grant and convey to the Ltnitcd States, upon such terms and for such consideration as may be agreed upon by and between said commissioners of the sinking fund, or said municipal assembly and the United States, all the estate, right, title and interest of the city cf New York in and to any part of the land required for the channel to connect the waters of the Harlem river with the Hudson •river, in accordance with the plans for the im- provement of the Harlem river, prepared un- der the direction of the secretary of war. Whenever any part of said land shall have been ceded by said commissioners of the sinking fund, or said municipal assem- bly, pursuant to the authority hereby given, it shall be the duty of said com- rp'isioners of the sinking fund or a majority of them, to give a certificate under then- hands, that the same has been ceded, pur- suant to the provisions of this section, and upon the production of such certificate and upon proof of due compliance, on the part of the United States, w-ith the terms of ces- sion, it shall be the duty of the mayor and the city clerk, in the name and on behalf of the city of New York, to execute a proper conveyance of such lands under their hands and the seal of said city. Cei'taiii tliitles of eommi.sNiouers rela- tive to docks, piers, etc. Sec. 219. The commissioners of the sinking fund shall perform the duties and possess the powers with reference to docks, piers and slips, stated in chapter XVI of this act. Sale of paltlic lands at auction. Sec. 22D. The commissioners of the sinking fund are authorized upon the application of the board of education duly authorized and certified, to sell at public auction at such times and on such terms as they may deem most advantageous for the public interest, any land or lands and the building.s thereon, owned by the city of New York, occupied or reserved for school purposes, and no longer required therefor, provided, however, that no property shall be disposed of fer a less sum than the same may be appraised by the commissioners of the sinking fund, or a ma- jority of them, at a meeting lo be held and on an appraisement made within two months prior to the date of the sale; and at least thirty days’ notice of such sale, including a description of the property to be sold, -liali be published in the City Record. The money received in payment for the said lands and buildings shall be paid into the sinking fund for the redemption of the cit> debt, if the property thus sold was acquired prior to Jan- uary 1, 1898; ana If acquired subsequent thereto, into the sinking fiinU of the city of New York. TITLE 5. APPROPRIATIOXS AND THK BOARD OF ESTIMATE AX'D APPORTIOXMEXT. H«vv eonsfitnted; (liiticH: the numial hndget. Sec. 226. The mayor, controller, corporation counsel, president of the counoi: and the pres- ident uf the ucparuii-iit of tatos aud assess- 24 THE CHARTER OF THE CITY OF NEW YORK. ments shall constitute the board of estimate and apportionment. The first meeting of said board in every year shall be called by notice from the mayor, personally served upon the members of said board. Subsequent meetings shall be called as the said board shall direct. At such meetings the mayor shall preside, and one of the number shall act as secretary. The said board shall annually, between the first day of October and the first day of No- vember, meet, and by the affirmative vote of all the members make a budget of the amounts estimated to be required to pay the expenses of conducting the public business of the city of New York as constituted by this act, for the then next ensuing year. Such budget shall be prepared in such detail as to the aggregate sum and the items thereof allowed to each department, bureau, office, board or commission, as the said board of es- timate and apportionment shall deem advisa- ble. In order to enable said board to make such budget, the heads of departments, bureaus, offices, boards and commissions shall, at least 30 days before the said budget is hereby re- quired to be made, send to the board of esti- mate and apportionment an estimate in writ- ing, herein called a departmental estimate, of the amount of expenditure, specifying in de- tail the objects thereof, required in their re- spective departments, bureaus, offices, boards, and commmissions, including a statement o^f each of the salaries of their officers, clerks, employes and subordinates. Duplicates of these departmental estimates and statements shall be sent at the same time to the munici- pal assembly. Before finally determining up- on the budget the board of estimate and ap- portionment shall fix such sufficient time or times as may be necessary to allow the tax- payers of said city to be heard in regard there- to, and the said board shall attend at the time or times so appointed for such hearing. After such budget is made by the board of estimate and apportionment it shall be signed by all the members thereof, and submitted by said board within ten days to the municipal assem- bly, whereupon a special joint meeting of the two houses constituting the municipal assem- bly shall be called to consider such budget, and the same shall simultaneously be published in the City Record. The president of the coun- cil shall preside at such joint meeting, and it shall be the duty of said two houses to consider and investigate carefully the said budget; but such consideration and investigation shall not continue beyond fifteen days. The municipal assembly, by a majority vote by all the mem- bers elected thereto, may reduce the said sev- eral amounts fixed by the board of estimate and apportionment, except such amounts as are now or may hereafter be fixed by law, and except such amounts as may be inserted by the said board of estimate and apportionment for the payment of state taxes and payment of in- terest and principal of the city debt, but the municipal asisembly m.ay not increase such amounts nor insert any new items. Such ac- tion of the municipal assembly on reducing any item or amount fixed by the board of esti- mate and apportionment shall be subject to the veto power of the mayor "as elsewhere pro- vided in this act, and unless such veto is over- ridden by a five-sixths vote of the municipal assembly the item or amount as fixed by the board of estimate and apportionment shall stand as part of the budget. After the final estimate is made in accordance herewith, it shall be signed by the president of the coun- cil and the members of the board of estimate and apportionment, and when so signed the said several sums shall be and become appro- priated to the several purposes and depart- ments therein named. The said estimate shall be filed in the office of the controller and pub- lished in the City Record and corporation newspapers. Payment of city’s oblipratlons to be provided for. Sec. 227. It shall be the duty of the board of estimate and apportionment, from time to time, to provide for the payment of the inter- est and principal of the bends and other ob- ligations of the city, or for which the city is liable, and also to provide for the payment to the commlsisioners of the sinking fund of any sums directed by special laws 'to he paid to said commissioners on accouni of such bonds or obligations and in anticipation of their maturi'ty, and to provide for the rais- ing of the money therefor, in accordance with such special lawis and the laws under which such bonds and obligaitions were issued or created. Duties wlien aecumnlatlons in sinking fund are insufficient. Sec. 228. Whenever and as often as the commissioners of the sinking fund shall cer- tify 'to the board of estimate and apportion- ment that the accumulations in any sinking fund will not he sufficient to meet the pay- ment of any bonds or stocks falling due in the next following calendar year redeemable therefrom, it shall be the duty of the said board of estim'afe and ap'portionment, and it is hereby required, to include in the ann'ual budget for such year, to be raised by tax on the estates, real and personal, in the city, subject to taxation, such an amount to he applied to the payment of said bonds or stocks as shall be certified hy said commis- sioners, and the amount so included in said estimate shall be paid into said sinking fund and applied as in this section specified. Certain city bonds and stocks. An- nnal provisions to meet payment of. Sec. 229. For the payment of all bonds and stocks of the mayor, aldermen and common- alty" of the city of New York issued after June -third, one thousand eight hundred and seventy-eight, and for the payment of all the bonds and stocks hereafter issued by the ci*ty of New York, as hereby constituted, and to^r which no provision tor the payment thereof otherwise than from taxation is made, except revenue bonds iss'ued in anticipation of the collection of taxes, there shall annually be set apart or paid over to the commissioners of the sinking fund, as hereinafter directed, and invested by them in the manner provided by law, a sum sufficient with the accumula- tion of interest thereon to meet and discharge the amount of said bonds or stocks by the time the same shall he payable, as the same shall be estimated and certified by the con- troller. The said annual sum so to be set apart or paid over and invested, except so far as it relates to bonds and stocks issued on or after January first, one thousand eight hundred and ninety-eight, and bonds issued to provide for the supply of water, shall, un- til other provision therefor may be hereafter made by law, be set apart out of the surplus Income, revenues and accumulations of the sinking fund for the redemption of the city debt as now established by law, after fully providing for the payment of the stocks and bonds of said city now outstanding, and which by sections 212 and 213 of this act are de- clared to be and are made preferred claims upon said sinking fund, and also for the pay- ment of such other boads and stocks of said city as by said section 213 of this act are authorized to be paid from said sinking fund. Whenever and as often as the commissioners of the sink- j ing fund shall certify to the board of estimate I and apportionment that the said surplus rev- - enues of -said sinking fund will, in the opinion of said commissioners, be less than the amount by this section required to be set apart or paid over to said commissioners for the purposes aforesaid, and certifying the amount ot such deficiency, it shall be the duty of said board of estimate and apportionment and the municipal assembly to include in the annual budgef for the year next ensuing to be raised by tax on the estates real and per- sonal in said city subject to taxation, the amount of the deficiency certified as aforesaid, and this amount so raised by tax shall be paid fo the commissioners of the sinking fund on the first day of November of the year in w’hich the same shall be levied. Items to l>e Inclnded in annual esti- mate. Sec. 230. The board of estimate and appor- tionment shall annually include in its final eetiimate the following sums, which shall an- nually be raised and appropriated: First — ^Such sum in any year, as shall be included in the estimate of the department of highways, to he expended in repaving or resurfacing such streets, roads, avenues, and public places in the said city as shall be cer- tified to the municipal assem'bly hy the com- missioner of highways as' required to be re- paved for the safety, health, or convenience cf the public, and as said assem'bly shall by ordinance or resolution direct. Second — Such sum as said board may deem necessary in the interest of the city, to he ex- pended by the commissioner of water supply, when thereto authorized by the municipal as- sembly, according to law, in extending and en- larging the distribution of water through the city. Third — All necessary sum or. sums of money for the purpose of . payiug the expense in- curred 'by any coroner," in accordance with law, in employing scientific experts, engi- neers and toxicologists. Fourth — The amount fixed hy said hoard tor clerk hire and conitingent and incidental ex- penses of the office of the commissioners of jurors, but not exceeding the amount fixed hy law. Fifth — ^A sum not exceeding eight thousand dollars to he paid to the trustees of the Sev- enth regiment armory building, as an equiv- alent and in lieu of the rental of au armory for said regiment, to be applied to the preser- vation, maintenance and improvement of said armory 'building, as provided in ctapter 518 of the la.ws of 1893, said sum to be paid in the month of January in each year. Sixth — The sum or sums authorized to be expended in accordance with law for the pur- chasing amd leasing of lands and the erection or leasing of buildings for armories and drill rooms. Seventh — The amount necessary for the maihtenance of the buildings. Instruments and equipments of 1. The meteorological and astronomical observatory. 2. The American Museum of Natural His- tory, not exceeding ninety-five thousand dollars. 3. The Metropolitan Museum of Art, not exceeding ninety-five thousand dollars. Eighth — Such sum, not exceeding seventy- five thousand dollars, as is included in the departmental estimates submitted to it by the department of public charities, to be ap- plied to the relief of poor adult blind persons. Ninth — The sum of ten thousand dollars to the credit of the department of health, to be known as the tenement house fund, to be ex- pended hy the board of health. Tenth — Such sum as is necessary to pay the expenses of the registration and revision of registrl^ion required by law, and of '■ all elections held in said city during the year. Eleventh — Such sum as may.bh necessary THE CHARTER OF THE CITY OF NEW YORK. 25 to pay the compensation due according to law to justices of the supreme court from judicial departments, other than the first and second judicial district, who hold court in the first judicial department, or who hold court within the second judicial department within the said city of New “Xork as hereby constituted. Twelfth — Such sum as may be necessary to pay the salaries of county officers within the counties of New York, Kings and Richmond, and likewise all other expenses within said counties and each of them which are county as distinguished from city charges ana ex- penses. Thirteenth — The amount necessary for the support of the night medical service; but in no case shall the sum so appropriated exceed three thousand dollars for any one year, unless otherwise provided by said board and the mu- nicipal assembly. Fourteenth — To pay the proporUon of ex- pense chargeable to the city for the mainte- nance and repair of the public bridges, which are now built, or which may hereafter be built, within the city of New York, as here- by constituted. Fifteenth — The amount necessary to pay the expense of procuring and preparing sur- veys and maps for commissioners of estimate and assesements, appointed in any proceeding to open any street, avenue or public park or place. Sixteenth — The sum necessary to pay the salaries of the janitors of the district courts. Seventeenth — Such sum as is necessary for defraying the expenses incurred in carrying out the provisions of sections 1,093, 1,094 and 1,095 of chapter 410 of the laws of 1882. Eighteenth — Such sum as may be necessary to pay the expenses of the rhagistrates’ courts and the board of city magistrates incurred in accordance with law. Nineteenth — Such sum as may be necessary to provide for the compilation and publication of the registry of voters. Twentieth — Such sum as may\be required by the trustees of the College of the City of New York, pursuant to section 1,131 of this act. Twenty-first — Such sum as may be required by the trustees of the normal college, in the city of New York, pursuant to the provisions of section 1,142 of this act. Twenty-second — The sums necessary, in the discretion of said board, to make the fol- lowing described payments, namely: 1. To the American Female Guardian so- ciety for the naaintenance of each girl under the age of fourteen and each boy under the age of ten years, committed to such so- ciety by any magistrate in the city of New York, the sum of $2 per week for each and every week until such child is discharged or removed from the institution of such society, And also the sum oc-lice Justice who shall have been a successful party in any proceedings or trial to remove him from office, or who shall bring or defend any action or proceeding, in which the question as to his title to office is in any -way presented, or involved, or in which it is sought to convict him, or to review or pro- hibit any such removal or to obtain posses- sion of his office, or by any commissioner for the proper presentation and justification of his official conduct before any body or tribu- nal lawfully investigating the same, and not officially recommending his removal from office. The board of estimate and apportion- ment and the municipal assembly are hereby authorized . and directed to cause to be included in the budget for the year following such audit, an amount sufficient to pay the revenue bonds directed to be issued by the said controller pursuant to section 188 of this act, wich all interest due or to become due thereon. Deficiencies; Uow i>rovided for. Sec. 232. The amount raised by assessment, pursuant to the provisions of chapter 191 oi the laws of 1880, shall be collected and paid into the city treasury, and applied tow^ard the payment of revenue bonds issued under said chapter. If any deficiency shall arise from any cause, and a sufficient amount shall not be realized from such assessment to pay $50,000 of the revenue bonds issued pursuant to said chapter, with the interest thereon, such deficiency shall be provided for by the bo'ard of estimate and apportionment and the municipal assembly, by including the same in the annual appropriation first made, after the amount of such deficiency, if any, shall be ascertained. Salaric.s of certain officers. Sec. 233. The salaries of all officers paid from the city treasury not embraced in any department shall be fixed 'by the municipal assembly, and the board of estimate and ap- portionmenrt, unless otherwise provided by law or by this act. List of persons and salaries not with- in a department. Sec. 2.34. 'The board o.f estimate and appor- tionment shall file with the final estimate during the month of December in each year a schedule of the names of all persons not within a department employed under the city government, the designation of their offices and employment, respectively, and the sal- aries and compensation fixed for each, whidh said schedule shall be published in tbe City Record. Issue of certain stock and honds authorized; transfers of appropria- tions. Sac. 23.3. The board oif estimate and appor- tionment may at any time, as ocoaeion may require, by the affirmative vo^e of three members, authorize the issue of any stocks or bonds for the purpose of withdrawing, or taking up at noaturity any stocks or 'bonds outstanding; but the said bonds or their pro- ceeds shall be applied exclusively to tbe pay- ment, purch&ae, and extinction of such matur- ' ing bonds In such manner that the aggregate of the stocks or bonds of said city outstand- ing shall not be increased thereby for a long- er period than is necessary in effecting said change. The said board of estimate and ap- portionment may, from time to time, on the application of the head of any department, authorize the transfer, from one bureau or purpose to another in the same department, of any sum theretofore appropriated for the purpose of such department or bureau. Appropriation for prevention of con- tagious diseases. Sec. 236. For the prevention of dangers from contagious or infectious diseases found to exist in any part of tbe city, or for the care of persons exposed to danger from contagious or infectious diseases, the municipal assembly and tbe board of estimate and apportionment may appropriate to the use of the health de- partment money in excess of the annual esti- mate and appropriation for any year to the amount that shall be declared necess'ary for such purpose by resolution of the board of health; not, however, to exceed, in the ag- gregate. the sum of eighty thousand dollars in excess of such annual appropriation, and if any sum or sums of money shall be so ap- propriated by said municipal assembly and said board of estimate and apportionment in any year prior to tbe date of the certificate of the controller to the municipal assembly of the aggregate amounf of the budget for such year, the amount thereof shall be add- ed to such final estimate, and included in the tax levy in such year. Board of estimate may transfer excess of appropriations. Sec. 237. The board of estimate and appor- tionment shall have the power at any time to transfer- any appropriation for any year w'hich may be found, by the head of the de- partment for which such appropriation shall have been made, to be In excess of the amount required or deemed to be necessary for the purposes or objects thereof, to such other pur- poses or objects for which the appropriations in such year are Insufficient, or such as may require the same. But nothing in the power thus conferred' shall authorize the transfer by said board of an appropriation made for any ob- ject or purpose, in one year, to any purpose or object, whether an appropriation has been made therefor or otherwise, in any subse- quent year. And any balance of appropriations remaining unexpended at the close of any fiscal year, after allowing sufficient to satisfy all claims payable therefrom, and also any balance to the credit of any account of moneys which have been or may hereafter be paid into the treasury of the city, under existing laws, appropriated or authorized to be ex- pended tor any specific purpose, and which the said board of estimate and apportionment may determine not to be necessary, or to be in excess ot the amount required therefor, may, at any time, but not less than sixty days after the expiration of the year toj which such appropriations are made, or sixtj’' days after the expiration of the year dur- ing which the moneys aforesaid were paid into the treasury of the city, after allowing suffi- cient to satisfy all claims payable from such appropriations, or which the controller shall certify, should be paid from said moneys paid into the treasury, as aforesaid, be transferred by the controller, with the approval of the said board of estimate and apportionment, to the general fund of the city, and applied to the reduction ot taxation. The approval by the beard of estimate and apportionment of the certificate of the controller, as aforesaid, shall be an appropriation of the amounts therein stated to the object or purposes In said certificate specified. Ai>pr«»i»riations ont o£ exci.se money* to Home for Girls. Sec. 238. There may be paid annually, out of the excise moneys of tbe City of New York, to the Home for Fallen and Friendless Girls, in said city, the sum of $150, for the support of every fallen and friendless girl received and supported by said corporation in their Home for Fallen and Friendless Girls tor the year for which such payment shall be made, and a proportional sum for a shorter period in the same year. Street sweeping contracts to be ap- j>rovecl by board. Sec. 239. The terms and conditions of all contracts for street sweeping and cleaning, or for the collection of ashes and garbage^ shall, before they are entered into, be ap- proved by the ooard ot estimate and appor- tionment. Excise moneys; bow appropriated. Sec. 240. Said board of estimate and appor- tionment is authorized, from time to time, in sums according to its discretion, by resolution ot said board, to appropriate from excise moneys obtained from either local or state boards or officers, for taxes or licenses for the sale of intoxicating liquors, to such benevolent or charitable institutions in said city which shall gratuitously aid, support or assist the poor thereof, as may seem to said board de- serving or liroper, but no such resolutions shall be valid unless adopted by a majority vote of all the members of .said board, and the controller shall draw his warrants in favor of such institutions respectively mentioned in such resolutions, according to the tenor there- of, and the chamberlain shall pay such war- rants out of the said moneys received for li- censes. The term “poor,” as used in i-his section, shall only include persons who would otherwise bdeome a charge upon said city, as foundlings, orphans or such prostituted or fallen women or juvenile delinquents as may be committed to or cared for gratuitously, in or by any reformatory institution, protectory or juvenile asylum, and persons who are sup- ported, relieved, or cared for gratuitously, in or by any charitable institution for the care or relief of the ruptured or crippled, the cure of hip or spinal diseases, the sick or the desti- tute, 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 pay- ments shall be made in pursuance of this sec- tion, except as a per capita allowance for tbe poor and destitute persons actually supported, treated, cared for or educated in the institu- tions referred to in this section, except in the case of the American Female Guardian society and Home for the Friendless, the Children’s Aid society and the Shepherd’s Fold of the Protestant Episcopal church, which shall severally receive only the same amounts as provided by other provisions of law. The said board of estimate and apportionment is also authorized, from time to time, and in sums according to its discretion, to appropriate, by resolution of said board, all moneys derived frO'm penalties and fines, recovered, pursuant to sections 1,473, 1,481 and 1,482 of this act, and all moneys from licenses, provided for in chapter 22, title 2 of this act, to what- ever benevolent oi charitable institutions ma 3 ’^ seem tc such board deserving or proper, but no such, resolution shall be valid unless adopted by a vote of a majority of said board, and the controller of said city is hereby authorized and directed to draw his warrants in favor of the corporations, so- cieties or charitable institutions, respectively 28 ■ THE CHARTER OF THE CITY OP NEW mentioned in eucli resolution according to the tenor thereof, and the chamherlain of said city shall pay such warrants out of the said moneys received for such penalties, fines and licenses. Appropriations for contestiiiR- office to l>e made for- prcvaalliig party only. Sec. 241. No appropriation or payment for the contesting of the office of mayor, or any seat ill the municipal assembly, or office in any department, or the office of any officer ■whose salary is paid from the city treasury, shall be made to any but the prevailing par- ty. Nor shall any such appropriations or payment be made to such prevailing party except upon the written certificate of the chief officer of the law department, and of the presiding justice of the appellate division of the- first department of the supreme court, certifying who is such prevailing party, and the value of the services rendered in the case. In case an officer or clerk is ordered to * be examined, in pursuance of law, the corpor- ation counsel shall assign some one from his department as counsel for the officer or clerk making an application therefor. TITLE 6. ILEVYIXG TAXES. Controller's duties. Sec. 247. It shall be the duty of the con- troller of said the city of New York to pre- pare and submit to the municipal assembly, at least four weeks before their annual meeting, for the purpose of imposing the an- nual taxes, a statement, setting forth the amounts by law authorized to be raised by tax in that year, on account of the cor- poration of the city of New York, as hereby constituted, or for city purposes within said city, and also an estimate of the probable amounts of receipts by the city treasury dur- ing the then current year, from all the sources of revenue of said general fund, in- cluding surplus revenues from the sinking fund, available in accordance with law, other than the surplus revenues of the sinking fund, for the payment of the city debt, and the said municipal assembly are hereby au- thorized and directed to deduct the total amount of such estimated receipts from the aggregate amount of all the various sums which, by law, they are required to or- der, and cause to be raised by tax in said year, for the purposes aforesaid, and to cause to be raised, by tax only, the balance of said aggregate amount, after making such de- duction. Deficiencies; limit.s of; levies for. Sec. 248. It shall be the duty of the muni- cipal assembly to include, in any and every ordinance or resolution passed by them, im- posing and levying taxes for any purpose or purposes authorized by law, such sum, in addition to the aggregate amount required for such purposes, a.s they shall deem neces- sary, not exceeding three per cent, of said aggregate amount, to provide for deficiencies in the actual product of the amount imposed and levied therefor. AsKreR'afe amomit appoz’tione*! to fie, certified to snuiiicipai asseiiifily and raised. Sec. 249. The aggregate amount estimated by the municipal assembly and the board of estimate and apportionment, in the annual budget, shall be certified by the controller to the municipal assembly; and it shall be the duty of said municipal assembly, in joint session of both houses, 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 New York, the amount so certified, as aforesaid. CHAPTEK Vn. fiAW DEI'AUTHENT. Corporation coniisol to fie tlie head ot the law department; duties, salary. Sec. 255. There shall be a law department of the city of New York, the head whereof shall be called the corporation counsel, who shall be the attorney and counsel for the city of New York, the mayor, the municipal assembly and each and every officer, beard and depart- ment of said city. The salary of the corpora- tion counsel shall be fifteen thousand dollars a year. The corporation counsel shall have charge and conduct of all the law business of the corporation and Us departments and boards and of ail law business in which the city of New York is interested. He shall have charge and conduct of the legal proceedings necessary in opening, widening, altering and closing streets, and in acquiring real estate or interes'is therein for the city by condemna- tion. proceedings, and the preparation of all leases, deeds, contracts, bonds and other legal papers of the city, or of, or connected w’ith any department, board or officer thereof, and he shall approve as to form all such contracts, leases, deeds, bonds and other legal papers. He shall be the legal adviser of the mayor, the municipal assembly and the various de- partments, beards and officers and it shall be his duty to furnish to the mayor, the munici- pal assembly and to every department, board and officer of the city all suc.h advice and legal assistance as counsel and attorney in or out of court as may be required by them or either of them, and for that purpose the corporation counsel may assign an assistant or assistants to any department that he shall deem to need the same. No officer, board or department of the city, unless it be hereto otherwise espe- cially provided, shall have or employ any at- torney or counsel. The corporation counsel shall have the right to institute actions in law or equity, and any proceedings provided by the code of civil procedure or by law in any court, local, sta-te, or national, to maintain, defend and establish the rights, interests, reve- nues, property, privileges, franchises or de- mands of the city, or of any part or portion thereof, or of the people thereof, or to collect any money, debts, fines or penalties or to enforce the laws and ordi- nances. He shall be a member of the board of estimate and apportionment and of the board of public improvements. Corpoi’atioii eoMuscl’.s power of ap- pointment. Sec. 25G. The corporation counsel may ap- point, and at pleasure remove, as many as- sistants to the corporation counsel as are neces- sary to the discharge of the duties of the law department, and he may appoint and at pleas- ure remove such clerks, assistants, and subor- dinates as are requisite to the discharge of the business of the department, giving to his appointees such titles or designations as he may deem appropriate to their services, re- spectively. He shall fix and regulate the sal- aries and compensation of all of his appoint- ees within the limits of the appropriation for his department. Any assistant corporation counsel shall, in addition to his other powers, possess every power and perform all and every duty belonging to the^offlee of the corporation counsel, o^r so much of such duties as the cor- poration counsel shall deem it necessary to* delegate whenever so empowered by s-aid cor- poration counsel by written authority, desig- nating therein a period of time, not extending beyond three months, nor beyond the term of office of said corporation counsel, during YORK. which such power and authority may be exer- cised; such designation and authority must be duly filed and remain on record in the law department, and may be revoked at any time. Brauoli offices. Sec. 257. In addition to the main office ot 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 cither of them. Biii’cans. ■ Sec. 258. The corporation counsel may es- tablish such bureaus for divisions of service in the law department as he may judge most conducive to the efficient discharge of duty. There shall be a bureau in the law department to be known as the bureau of street open- ings. It shall have charge, under the direc- tioil of the corporation counsel, of such legal proceedings to open, widen, alter or close streets and parks, and to acquire title’ to or extinguish interests in real estate therefor, and of all such other proceedings involving awards for damages or assessments for bene- fit to lands, tenements and hereditaments as may be assigned to it by the corporation counsel. The corporation counsel shall ap- point and remove at will the head of said bureau and all other employes thereof, and shall regulate their salaries and compensation. The assistants to the corporation counsel as- signed to such bureau shall conduct in his behalf, and subject to his direction and con- trol, all legal proceedings so assigned, and may also act as clerks to the commissioners of estimate or the commissioners of estimate and assessment in all such proceedings. Such bureau shall furnish to the commission- ers of estimate or the commissioners of es- timate and assessment in each proceeding suitable offices and all the assistance which they may require in preparing their prelimin- ary abstracts of estimate or of estimate and assessment, and their final reports for pre- sentation to the supreme court for confirma- tion. The compensation of the head of said bureau and of all other employes thereo-f, and all the legal costs, charges, expenses and disbursements incurred by said bureau on account of such proceedings, shall be divided proportionately, as nearly as practicable, to the services rendered or expense incurred in each of the said proceedings, and shall be included in the assessment for benefit to be imposed by the commissioners of estimate or the commissioners of estimate and assess- ment in each proceeding as part of the costs, charges and expenses thereof, after the same shall have been taxed by the court in the manner now provided by law for the taxation of such costs, charges, expenses and dis- bursements, but the compensation of the em- ployes of said bureau and the necessary charges, expenses and disbursements there- of shall be chargeable to and shall be paid monthly, m the first instance by the con- troller 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 hun- dred and .eighty -five, and the acts amenda- tory thereof and supplemental thereto, upon pay rolls and vouchers duly certified by the corporation counsel. The assistant clerks or other appointees of this bureau engaged in the transaction of business or duties pertain- ing to the borough of Brooklyn may have their office in the borough hall or public build- ing of the borough of Brooklyn, and if, in the judgment of the corporation counsel 'it be convenient and advisable, such of the oa* THE CHARTER OF THE CITY OP NEW YORK. 29 sistants, clerks or other appointees of this bureau as may be engaged in the transaction of business pertaining to the borough of the Bronx, the^ borough of Richmond or the borough of Queens, may likewise have an office in either of said boroughs. BTirean for recovery of penalties. Sec. 259. There shall be a bureau in the law department for the recovery of penalties for the violation of any law or municipal ordi- nance, to be called the bureau for the re- covery 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 assistant corporation coun- sel assigned to this bureau in the main office, or in the branch office located in any borough, shall no't receive for his own use any fees or emoluments in addition to his salary, and he shall pay into the city treasury all costs and commissions received by him from any source whatever; such payments shall be made monthly, and shall be accompanied by a sworn statement in such form as the control- ler shall prescribe. Such statement, with a detailed list of costs, commissions, fines and penalties collected, shall be published in the City Record monthly. All fines or moneys from whatsoever source, received by the head of this bureau, shall be paid into the treasury of the city, except as otherwise specially pro- vided by law. Borean for collection of arrears ot personal taxes. Sec. 260. There shall be a bureau in the law department for the collection of arrears of personal taxes, to be called the bureau for the collection of arrears of personal taxes. The assistant corporation counsel assigned to this bureau shall give a bond to the city of New York, with one or more sure- ties, to be approved by controller and corpo- ration counsel, in the penal sum of ten thou- sand dollars, conditioned for the faithfu’ per- formance of the duties of the office and the payment over of all taxes collected by him, which shall be filed in the controller’s office and he and his bondsman or bondsmen shall be responsible to the corporation therefor. Presentation of claims to l>e pleadert. Sec. 261. No action or special proceeding, for any cause whatever, shall be prosecuted or maintained against the city of New York, unless it shall appear by and as an allegation in the complaint or necessary moving papers that at least thirty days have elapsed since the demand, claim or claims upon which such action or special proceeding is founded were presented to the controller of said city for ad- justment, and that he has neglected or re- fused to make an adjustment or payment thereof for thirty days after such present- ment. If the plaintiff recovers judgment in his action or special proceeding he shall re- cover full taxable costs without regard to the amount of the judgment. .Jurisdiction of actions against tlic city. Sec. 262. The supreme court shall have ex- clusive jurisdiction over all actions or special proceedings wherein the city of New York is made a party defendant. And all such ac- tions shall be tried in that county wholly or partly embraced within the city of Nev/ York in which the cause of ac- tion 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- vided by law. Service of process. Sec. 263. All proces-s and papers for the commencement of actions and legal proceed- ings against the city of New York shall be served either upon the mayor, the coatrollsr or the corporation counsel. Issnance of execnfion. Sec. 264. No execution shall be issued upon any judgment recovered against the city of New York until after ten days’ notice la writ- ing, of the recovery of such judgment shall have been given to the controller. CHAPTEE VIII. POI.ICE DEPARTMENT. Police l>oard. Commissioners. Salary. Sec. 270. The head of the police department shall be called the police board. Said board shall consist of four persons, to be known as police commissioners of the -city of New York. They shall be appointed by the mayor and shall hold their respective offices as provided in chapter IV of this act. No more than two of said co-mmissioners shall, when either of them is appointed, belong to the same political party, or be of the same political opinion on state and national politics. The salary of each of said police commissioners shall be five thousand dollars a year. Police board. Aotbority. Bnreau of elections. Sec. 271. The said police board shall have cognizance and control of the government, ad- ministration, disposition and discipline of the said police department, and of the police force of said department, and it shall also have cognizance and control of the bureau of elec- tions hereinafter mentioned, and said bureau of elections shall be a part of said police de- partment. Id.; to make and enforce rnles and regulations. Sec. 272. The said police board shall make, adopt and enforce such rules, orders and regulations, and do all such other acts as may be reasonably necessary to effect a prompt and efficient exercise of all powers conferred by law, and the performance of all duties im- posed by law upon the said board or the said department, or upon any part of or person in said department. But said board shall do no act which is contrary to or inconsistent with this act. Boards and ofllees abolished and forces con,soli«lated. Sec. 273. Except as herein otherwise ex- pressly provided, the police department, the board of police and the offices of the police commissioners of the city of New York, pro- vided for by the New York city consolidation act of 1882, and the acts amendatory thereof, the office of commissioner of police and ex- cise of the city of Brooklyn, the board of po- lice commissioners for Long Island City and the board of commissioners of police for the county of Richmond are hereby abolished. The respective police forces and departments heretofore existing in the said cities and the said county, including the park police, of the mayor, aldermen and commonalty of the city of New York, and the park police of the city of Brooklyn, and the police force of the New York and Brooklyn bridge are here- by consolidated into one ' department and force to be constituted, controlled and administered as provided in this chapter. Police department; powers and autbority tran.sterred to. Sec. 274. All the rights, powers, authority, duties and obligations Immediately hereto- fore by lav/ vested in or imposed upon the police departments, or either of the boards or commissioners mentioned in the last above section, shall forthwith by force of and as an effect of this chapter be transferred to and continue in the police department created by this act except in so far as the same shall be contrary to or inconsistent with the provisions of this chapter. All the rights, powers, authority, duties and obligations relative to, or connected with the appointment, control or cognizance of any police force immediately heretofore by law vested in or imposed upon the commission- ers of public parks in the city of New York, the department of parks of the city of Brook- lyn, 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 trans- ferred to and continued in the police depart- ment created by this act, except in so far as the same shall be contrary to or inconsist- ent with the provisions of this chapter. Pi’operty to vest in the City of New York and be managed by police de- partment. Sec. 275. All moneys, funds and property, and all rights and title to and interest in, and possession of and control over and all rights 10 ’ the use and possession of any mon- eys, funds or property, which when this act takes effect shall be vested in, held or exer- cised by the department, or either of the boards or commissioners mentioned in section 273 of this act, or which shall then be applica- ble to, or used for the purposes of, or in the maintenance of, or in connection with the functions or dudes of 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 forthwith, by force of and as an effect of this chapter, be and become vested in the city of New York, and the same shall be held, exercised, managed, controlled, used and applied by and under the direction of the police department created by this act until it is otherwise lawfully provided. No such money, funds or property shall however be used for or applied to any purpose different in kind from that for or to which the same might theretofore have been lawfully used or applied until such different use or applicatioa shall first have been lawfully authorized. Police force; compositioii. Sec. 276. Until otherwise provided by tho municipal assembly, upon the recommenda- tion of the police board, the police force in the police department created by this chapter shall consist of the following members, to wit: A chief of police, five deputy chiefs of police, ten inspectors- of police, captains of police, not exceeding in number one to each fifty of the total number of patrolmen, except in tha rural portion of the city; sergeants of police, not exceeding four in number to each fifty of the total number of pu-trolmen; roundsmen, not exceeding four in number to each fifty patrolmen; detective sergeants to the number authorized by law; the members of the tele- graph force as specified .in section 277 of this act; doormen of police, not exceed- ing two in number to each fifty of the total number of patrolmen; surgeons of po- lice, not exceeding forty in number, one of whom shall be chief surgeon, and patrolmen to the number ot six thousand three hundred and eighty-two. Id.; memkers of former forces in. New York city transferred. Sec. 277. The members of the police force of the city of. New York, and the members of the police force appointed by the commis- sioners of public parks in said city, as said forces are provided for by sections 265 and 690 of the New York city consolidation act of 1882, and by the statutes amendatory of and supplementary to said sections, who shall be such members of said forces respeotiveljt 80 THE .CHARTER OF THE CITY OF NEW YORK, when this act takes effect, shall be members of the police force specified in section 27G of this act. The employes of the telegraph force of the police department, of the mayor, aider- men and commonalty of the city of New York who are in office when this act takes effect, ehali take the same rank in the police force specified in section 276 of this act, as the tel- egraph force of the police department of the City of Brooklyn has under existing laws; provided, however, that until otherwise or- dered by the police board, the superintendent of teiegraph of the police force of the mayor, aldermen and commonalty of the city of New York shali be superintendent of telegraph for the police force specified in said section 276 of this act; and the deputy superintendent) of telegraph of the police force of said, the mayor, aldermen and commonalty of the city of New York shall be deputy superintendent of telegraph in the central office in the bor- ough of Manhattan; and the superintendent of telegraph of the police force of the city of Brooklyn shall be superintendent of police telegraph for the borough of Brooklyn. Id.; mcmljers of former forces in Brooklyn transferred. Sec. 278. The superintendent and deputy superintendent of police, and each inspector, captain, sergeant, detective sergeant, rounds- man, patrolman, door-man. bridge-keeper, police surgeon, superintendent of tele- graph and telegraph operator, who is, when this act takes effect, in, of, or at- tached to the police force of the city of Brooklyn, or the police force appointed by the department of parks of said city, or the police force appointed by the board of trus- tees of the New York and Brooklyn bridge, pursuant to section 8 of chapter 300 of the laws of 1875, and the acts amendatory there- of or supplementary thereto, shall be mem- bers of the police force specified in section 276 of this act. Id.; members of former force in Lon;? Island City transferred. Sec. 279. The lawfully appointed captain, sergeant and patroimen of the police force of Long Isiand City who shall be such w'hen this chapter takes effect, shall be members of the police force specified in section 276 of this act. Id.; members of former force in Ricli- mond comity transferred. Sec. 280. The captain and each sergeant, roundsman and patrolman of the police force of the county of Richmond, or of any town or village in that part of the county of Queens Included in the city of New York, as hereby constituted, shall be members of the police force specified in section 276 of this act. Police board; antbority over members tran.sferrcd by preceding’ sections. Rank of transferred members. Sec. 281. The police board created by this act shall have the same powers, control and authority over the members of the police force transferred thereto by sections 277, 278, 279 and 280 of this act, and over their tenure of such membership and removal therefrom, as the said board shall have over the members of said force, appointed thereto by said board, and especially, . except as otherwise provided by this chapter, to fix and assign the rank, title, duties, powers and place of service of said transferred members. Until by said board otherwise provided the rank, title, duties, powers and place of service of said transferred members shall be the same as they were in the police force to which they belonged before this act took effect. Id.; antbority over cmi>loye.s of form- er boards; dnties and salaries of such employes. Sec. 282 All clerks, matrons, secretaries, and other subordinates, assistants and em- pioyes attached to or in the service of the department or either of the boards or com- missioners specified in section 273 of this act, until it shall be otherwise provided by the police board created by this act, shall perform like services and duties and receive therefor the same salaries or compensation as they performed and received respectively prior to this act taking effect. But such clerks, matrons, secretaries and other sub- ordinates, assistants and employes, their services, duties, salaries or compensation, »enure of and removal from their positions or employment shall in all respects be subject to the control and authority of the police board created by this act. Id.; power to aijpoiiit and remove members and employes — salaries and fines. Sec. 283. Subject to the powers by this act conferred on the board of estimate and ap- portionment and the municipal assembly of the city of New York, and to such other pro- visions of this act as may limit their power in the premises, the police board created by this act shall have power to appoint and remove the members of the police force specified in section 276 of this act, and also such clerks, police matrons, secretaries, and other subordinates, assistants and employes as may be reasonably necessary to the proper performance of the duties and execution of the powers and functions of the police de- partment created by this act or of any of the component parts thereof, and to pre- scribe their respective ranks, duties and compensation. The salary or compensation of any of such members of the said police force as are specified in sections 277, 278, 279 and 280 of this act, as the same is law- fully fixed at the time this chapter takes effect and Immediately prior thereto, shall not be decreased. The salary or compensa- tion of members of the police force shall be subject to all fines, penalties, forfeitures and deductions lawfully imposed for cause. Police force; qaallfieations of mem- bers. Pablishing names ami resi- dence of applicants and appointees. Sec. 284. No person shall ever be appointed or reappointed to membership in the police force or continue to ho'ld membership therein who is not a citizen of the United States or who has ever been convicted of felony, or who cannot read and write understandingly in the English language, or who shall not have resided within the state one year next preceding his appointment, but skilled offi- cers of experience may be appointed for de- tective duty who have not resided as herein required. No person shall be appointed patrolman who shall be at the date of such appointment over thirty years of age; nor shall any person who shall have been a mem- ber of the force and have resigned, or have been dismissed therefrom, be reappointed, except upon the concurring vote of all the members comprising the board to be taken by ayes and noes, and recorded in the minutes. The name, residence and occupation of each ap- plicant for appointment or reappointment to any position in the police department, as well as the name, residence and occupation of each person appointed to any position, shall be published, and such publication shall, in every instance, be made, on the Saturday next succeeding such application, or appoint- ment, in the City Record. Id.; warrant of appointment; oatli. Sec. 285. Every member of the'^olice force shall have issued to him, by the police depart- ment, a proper warrant of appointment, sign- ed by the president of the police board and chief clerk or first deputy clerk 'of said de- partment or of the police board, which war- rant shall contain the date of his appointment and his rank. Each member of the police^ force shall, before entering upon the duties of his office, take an oath of office and sub- scribe the same before any officer of the po- lice depart’.nent who is empowered to ad- minister an oath. Id.; chief of police — first appointment. Sec. 286. The chief of police first appointed under this chapter shall be selected from one of the following named members transferred to the police force by sections 277 and 278 of this act, to wit: The chief of poiice, the su- perintendent of police, the deputy chief of poiice and the deputy superintendent of po- lice. Id.; other olliccrs — fir.st appointments. Sec. 287. In making the first appointments of the other members of the police force specified in section 276 of this act, whose ap- pointment may be necessary to make up the full membership of said force provided for by said section, three of the deputy chiefs shall be selected from the chief of police, the superintendent of police, the deputy chief of police and the deputy superintendent of po- lice, transferred by sections 277 and 278 of this act, and two from the inspectors of the respective police forces transferred by sec- tions 277, 278, 279 and 280 of this act; inspect- ors of police shall be selected from, first, the police inspectors, and second, from the captains of police transferred as aforesaid; the captains of police shall be selected from, first, the cap- tains, and second, from the sergeants of the respective police forces transferred by sec- tions 277, 278, 279 and 280 of this act; ser- geants of police shall be selected from, first, the sergeants, and second, from the detec- tive sergeants and roundsmen of the respec- tive police forces transferred, by sections 277, 278, 279 and 280 of this act. Id.; promotions. Sec. 288. Promotions of officers and mem- bers of the police force shall be made by the police board, as provided in section 304 of this act, on grounds of seniority, meritorious police service and superior capacity; and shall be as follows: Sergeants of police shall be selected from among patrolmen assigned to duty as roundsmen, as provided in section 292 of this act; captains from among the sergeants; inspectors from among captains; deputy chiefs of police from among inspectors and captains; and chief of police from among deputy chiefs, inspectors and captains, but no promotion shall be made, except in the case of a vacancy in the office of chief of police, unless the same is recommended by the chief of police in writing, stating his reasons for such recommendation. In case of the rejec- tion of any recommendation for promotion, the chief of j>olice shall submit another name within three days, and shall continue so to do until the vacancy is filled. Id.; increase of. Sec. 289. The police board is authorized to in- crease the police force by adding to the num- ber of patrolmen from time to time, provided the board cf estimate and apportionment and the municipal assembly shall have previously made an appropriation for that express' pur- pose, such increase not to exceed one hundred and fifty in any one year. The board of esti- THE CHARTER OP THE CITY OP NEW YORK. mate and apportionment a»d the municipal assembly may include in the annual budget from year to year, and the controller shall certify, as required by law, to the nrunicipal assembly, and the municipal assembly shall Include in the annual tax levy an amount sufficient to provide for the compensation of the additional patrolmen authorized to be ap- pointed pursuant to the provisions of this section. Id.; Central otBce Imrean of detectives. Sec. 290. The police board shall maintain a bureau which shall be called the central office bureau of detectives, and shall select and appoint to perform detective duty therein as many^^patrolmen as said board may, from time to time, determine to be necessary to make that bureau efficient. The patrolmen so se- lected and appointed shall be called detec- tive sergeants, and shall be assigned to duty in that bureau, and while performing such de- tective duty shall be vested with the same authority and be entitled to receive and be paid the same salary as sergeants of police under this chapter, but the police board may by order, reduce to the grade of patrol- men, and tran.'fer such detective sergeants or any of them to perform patrol or other police duty, and when so transferred they shail only be entitled to receive and be paid the same rate of compensation as ordinary patrol- men of the police force under this chapter. Nothing in this section shall be construed to authorize the police board to appoint any additional patrolmen in place of said detec- tive sergeants. The headquarters of said ccutral office bureau of detectives shall be at the police headquarters in the borough of Manhattan, and a branch office thereof shall be maintained at the police headquarters in the borough of Brooklyn, and other branch offices thereof may be maintained at the police headquarters in each of the other boroughs into which the city of New York is divided by this 'act. No member of department to be inter- ested In other olilce. Sec. 291. Any police commissioner, or any member of the police force, who shall, after qualifying in office, accept any additional place of public trust or civil emolument, or who shall during his term of office be publicly nominated for any office elective by the peo- ple, and shall not, within ten days succeeding the same, publicly decline the said nomina- tion, shall be in either case deemed there- by to have resigned his commission and to have vacated his office, and all votes ca.st at any election for any person holding the office of police commissioner, or within thirty days after he snail have resigned such office, shall be void; Chief of police; daiies and powers. Sec. 292. The chief of police shall be the chief executive officer of the police force. He shall be chargeable with and responsible for the execution of all laws and the rules and regulations of the department. He shall as- sign to duty the officers and members of the police force, and shall have power to change such assignments from time to time whenever, in his Judgment, the exigencies of the service may require such change; provided, however, that permanent assignments of patrolmen to duty as roundsmen shall be made by the police board on the recommenda- tion of the chief of police, and in case of the rejection of any such assign- ment recommended by the chief of police, he shall within three days submit another name and continue so to do until a permanent as- signment is made. He shall have power to suspend without pay, pending the trial of charges, any member of the police force; I provided, however, that no such suspension shall be continued for a period of more than ten days without affirmative action to that ef- fect by the police board. If any member of the police force so suspended shall not be con- victed by the police board of the charges so preferred, he shall be entitled to full pay from the date of suspension, notwithstanding such charges and suspension. Said chief of police may grant leaves of absence to members of the force for a period not exceeding five days. He shall report to the pol.'ce board all changes or assignments of officers and all leaves of ab- sence granted. Id.; absence or disability of. Sec. 293. In case of the absence or disability of the chief of police a deputy chief of police designated by the police board, or in case no deputy chief is so designated, then a deputy chief of police designated by the chief of police shall discharge all the duties of chief of police; or, in case each deputy chief of police be ab- sent or disabled, or, for any good cause, is not arailable for such designation, then the duties of chief of police shall be performed by one of the inspectors of police to be designated by the police board. Police sargeons. Duties and districts. Sec. 294. The duties of the police surgeons and the extent and bounds of their districts shall be assigned, from time to time, by the rules and regulations of the police board. The police board may, if requested by the depart- ment of health, employ their surgeons to aid the sanitary inspectors in the discharge of their duties, under such regulations and or- ders as the police board may make and issue. Police board. President and treasnrer. Sec. 295. The police board shall appoint and remove at pleasure one of their number as the president and another of their number as treasurer of said board, and prescribe for and assign to them respectively as president and treasurer such powers and duties as may be •consistent with la,w. Id.; duties of tren.surer. Bond. Deimfy treasnrer. Sec. 296. The treasurer of said board shall be the fiscal officer thereof and chief purchas- ing agent of the department, and shall, by check and voucher, duly disburse by order of the said police board, all moneys belonging to the police department or police fund, and shall deposit the same, when paid to him, in a bank or banks or trust company designated by said police board. The treasurer shall, within twenty days after he shall have re- ceived notice of his appointment and before he shall enter upon the execution of the duties of his office, execute a bond in not less than the sum of twenty thousand dollars, to the city of New York, with two sufficient sureties, who shall each justify in the sum of not less than twenty thousand dollars, conditioned that he will well and faithfully in all things perform and execute the office of treasurer during his continuance in office, said bond to be approved by the controller and filed in his office. The said treasurer shall have power, as soon as may be after he takes upon himself the execution of his office, to appoint, by and with the consent of the police board,- some proper person, deputy treasurer, to hold office during the pleasure of the treasurer, and as often as a vacancy shall occur in the office of such deputy treasurer, or he shall become incapable of executing the same another shall, in like manner be appointed in his place. In case of the absence, inability or disability of the treasurer to perform his duties the said deputy treasurer shall have full powers to perform all the duties of the treasurer during such absence, inability or disability. The SI I treasurer shall be responsible for all the act* of the deputy treasurer and any default or malfeasance in the office of such deputy treas- urer shall be deemed to be a breach of the condition in the bond given by said treasurer who appointed him, as herein provided. Id.; to pay salaries and discharge obligations of department. Sec. 297. The police board through its treas- urer, and in pursuance of orders, rules and regulations of the police board, shall pay all salaries and wages to officers and members of the police department and force, as estab- lished by and in pursuance of law, and all bills, claims and obligations lawfully incurred by or by authority of said police department; and the controller shall pay over to the treas- urer of the police board on the requisition of the police board, the total amount annually estimated, levied, raised, and appropriated for the support and maintenance of the police department and force, from time to time, and in such sums as shall be required (not exceeding one-twelfth part of said total an- nual amount in any one month), and the treasurer of the police board, if required by the controller, shall transmit to the department of finance, each month, duplicate vouchers for the payment of all sums of money made on account of the police department during each month. The police board shall procure and pay for all printing, books, blanks, paper, and other articles of stationery required for the administration and business of the depart- ment and each bureau thereof. Id.; copy of minates wlicn evitleace. Sec. 298. A copy of the minutes of the po- lice board, or of any part of said minutes, or of any order or resolution of said board, or of the rules and regulations established by said board, or any or either of them, when certified by tb.e president of said board and the chief clerk, or first deputy clerk of said board or of said police department, may bq given in evidence upon any trial, investiga- tion, hearing or proceeding in any court, or before any tribunal, commissioner or commis- sioners, or board, with the same force and ef- fect as the original. Salaries of officei's and member.s of tiie force. Sec. 299. Except as otherwise provided in sections 283 and 290 of this act, the annual salaries and compensation of the officers and members of the police force shall be as fol- lows, to wit; Of the chief of police, six thou- sand do-llars; of each deputy chief of police, five thousand dollars; of each inspector of police, three thousand five hundred dollars; of each captain of pwlice, two thousand seven hundred and fifty dollars; of each police sur- geon, three thousand dollars; of each sergeant of police, two thousand dollars; of each door- man, one thousand dollars; of each rounds- man, one thousand five hundred dollars; and the grade and pay or compensation of patrol- men or policemen shall be as follow's, to wit: All such members who ai-e patrolmen and who shall have served five years cr upward on said force, shall be members of the first grade. All such members who shall have served on such force for less than five years and more than four years and six months, shall be mem- bers of the second grade. All such members who shall have served on such force for less than four years and six months, and more than four years, shall be members of the third grade. All such members who shall have seirved on such force for less than tour years and more than three years, shall be members of the fourth grade. All such members who shall have served on such force for lees than three years and more than two years, shall be members of the fifth grade. All such mem» 82 THE CHARTER OF THE CITY OF NEW YORK. bers who shall have served on such force for less than two years and more than one year, shall be members of the sixth grade. And all persons appointed patroln^'^n on or after the first day of January, eighteen hundred and ninety-eight, shall be members of the seventh grade. Whenever any member of the seventh grade shall have done service therein for one year, he shall be advanced to the sixth grade. Whenever any member of the sixth grade shall have done service therein for one year, he shall be advanced to the fifth grade. When- ever 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 member of the third grade shall have done service therein for six months, he shall be advanced to the second grade. And any mem- ber of said force who shall have served six months in the second grade, shall become a member of the first grade. But no such patrol- man shall bo so advanced as aforesaid, except after examination and approval by the police boai'd of his record, efliciency and conduct. The annual pay or compensation of the mem- bers 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 no't 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 hun- dred 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 Bine 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, disability, absence, fines or forfeitures, as the police department may, by rules and regulations, from time to time pre- scribe or adopt. Nothing in this section contained shall be construed to change in any way the salaries or grading, present or prospective, of the patrolmen or policemen who are or become members of the New York police force prior to January first, eighteen hundred and nine- ty-eight. All other patrolmen or policemen of the va- rious police forces consolidated into a single force by the provisions of this act, shall be- long, so far as pay or compensaition is con- cerned, to the grade indicated by the pay or compensation which they are respectively re- ceiving on January first, eighteen hundred and ninety-eight. But nothing in this section con- tained shall be construed to affect in any other way the rights and privileges secured under the provisions of this act to the mem- bers of the various police forces consolidated Into a single force by this act. The date for the eligibility of any member Of the forces transferred to the consolidated force by sections 277, 278, 279 and 280 of this act for advancement to the next grade, shall be the day of the year on which he was orig- inally appointed to the force from which he was transferred; and any member of the forces so transferred not a member of the New York police force prior to January first, eighteen hundred and ninety-eight, whose salary falls between two grades, shall receive the salary of and be assigned to the grade next above the salary he is receiving at the time of transfer. Salaries of all officers in the forces so trans- ferred, other than officers in the New York police prior to January 1, 1898, shall be equal- ized on the same basis. If the difference in pay is not more than $50 the pay shall be equal- ized at once. If the difference is more than $50 the pay shall be made uniform within three years by equal annual additions. Police board; rules, etc., for s’overn- ment and discii»line of police depart- ment and ijoiice force dismissals. Sec. 300. The police board is authorized and empowered to make, adopt and enforce rules, orders and regulations for the government, discipline, administration and disposition of the police department and police force and the members thereof. It shall have power and is authorizld to adopt rules and regulations for the examination, hearing, investigation and determination of charges made or preferred against any member or members of the said police force, but no member or members of the police force except as otherwise provided in this chapter shall be fined, reprimanded, re- moved, suspended or dismissed from the po- lice force until written charges shall have been made or preferred against him or them, nor until such charges have been examined, heard and investigated before one or more members of said board, upon such reasonable notice to the member or members charged, and in such manner of procedure, practice, ex- amination and investigation as the said board may, by rules and regulations, from time to time prescribe.. Such rules and regulations shall as nearly as may be provide that where a charge is preferred against any member of the police force the investigation of such charge and the taking of testimony with ref- erence thereto shall be at police headquarters in the borough within which the accused mem- ber was serving at the time the charge was preferred. In all cases *where the offense charged is punishable by fine, the case may be fully and finally dispO’sed of by one com- missioner. Any inember of the police force who may hereafter become insane or of un- sound mind, so as to be unable or unfit to per- form full police service or duty, may be re- moved and dismissed from the police force by the board. The police board may, by a unani- mous vote of the board, or by a vote of a majority of its members, with the approval of the mayor, retire the chief of police or any deputy chief. Police commissioners, etc., may issne subpenas; who may administer oaths Sec. 301. Either of the police commissioners shall have power to issue subpenas attested in the name of the president of the police board, and to exact and compel obedience to any order, subpena or mandate issued by them, and to-that end may institute and pros- ecute any proceedings or action authorized by law in such cases. They or either of them may in proper oases issue subpenas duces tecum. Said board may devise, make and is- sue process and forms of proceeding^ to carry into effect any powers or jurisdiction possessed by them. Each of the police com- missioners, the chief of police, each deputy chief of police, the chief clerk and first deputy clerk of said police board or police department are hereby authorized and empowered to ad- minister oaths and affirmations in the usual or appropriate forms, to any person in any matter or proceedings authorized as aforesaid, and in all matters pertaining to the police department or the duties of any officer or other person in matters of or connected with said department, and to administer oaths of office which may be taken or required in the administration of affairs of said department, and to take and administer oaths and affirma- tions, in the usual or appropriate forms, in taking any affidavit or deposition which may be necessary or required by law or by any order, rule, or regulation of the police board, for or in connection with the official purposes, affairs, powers, duties or proceedings of said police department, or of said police board, or of any police commissioner, or member of the police force, or any official purpose lawfully authorized by said board. Any person mak- ing a complaint that a felony or misdemeanor has been committed may be required to make oath or affirmation thereto, and for this pur- pose a police commissioner, the chief of po- lice, the deputy chiefs of police, the chief clerk or deputy clerks of the police depart- ment or pollc'e board, the Inspectors, captains and sergeants, of police shall have power to administer oaths and affirmaitions. Police board; pani.sliments by; llmifa- fion of suits for reiiistateiueuts, etc. Sec. 302. The police board shall have power, in its discretion, on conviction by it or by any court or officer of competent jurisdic- tion, of a member of the force of any criminal offense, or neglect of duty, viola- tion of rules, or neglect or disobedience of or- ders, or absence without leave, or any conduct injurious to the public peace or welfare, or immoral conduct, or conduct unbecoming an officer, or any breach of discipline, to punish the offending party by reprimand, forfeiting and withholding pay for a specified time, sus- pension, without pay during such suspension, or by dismissal from the force; but fio more than thirty days’ pay or salary shall be forfeited or deducted for any offense. All such forfeitures shall be paid forthwith to the treasurer of the department to the account of the police pen- sion fund. The police board is also authorized and empowered, in its discretion, to deduct and withhold pay, salary or compensation from any member or members of the police force, for or on account of absence for any cause without leave, lost time, sickness or other disability, physical or mental; provided, how- ever, that the pay, salary, or compensation so deducted and withheld shall not, except in case of absence without leave, exceed one-half thereof for the period of such absence, any act or law to the contrary notwithstanding; and said police board is authorized and em- powered from time to time to make and pre- scribe rules and regulations to carry into ef- fect and enforce the provisions of this sec- tion. No action, suit or proceeding, either at law or in equity, shall be commenced or maintained against the police department, or any member thereof, or against the police board, police commissioners or either of them, or against the city of New York by any mem- ber or officer, or former member or officer of or belonging to the police force or department of said city to recover or compel the payment of any salary, pay, money or compensation for or on account of any service or duty, or to re- cover any salary, compensation or moneys, or any part thereof forfeited, deducted or with- held for any cause, or to restore or rein- state to the police force or department any member or officer thereof, unless such action, suit, or proceeding shall be commenced with- in two years after the cause of action shall have accrued; provided that causes of action or proceedings which shall have heretofore accrued may be begun or brought within six years after the same shall have accrued and within two years after the passage of this act; but nothing in this section contained shall be construed or held to extend the time in which THE CHARTER OP THE CITY OF NEW YORK, 3.3 causes of action or proceedings wliich shall have heretofore accrued must be brought. Police force; resisnations and ab-N sences on leave. Sec. 303. No member of the police force, under penalty of forfeiting the salary or pay which may be due bim, shall withdraw or re^ sign, except by permission of the police board. Absence without 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 expiration of said period cease to be a member of “the police force and be dismissed tberefrom without no- tice. No leave of absence exceeding twenty days in any one year shall hereafter be grant- ed o-r allowed to any member of the police force, except upon the condition that sucb member shall waive and release not less than one-half of all salary, pay or compensation end claim thereto, or any part thereof, during sucb absence. Id.; regmlations of civil service com- missioners. Sec. 304. The civil service commissioners sha.il prescribe such regulations for tbe ad- mission of persons into the police force and into the service of the police department as may best promote the efiBciency thereof, and ascertain the fitness of candidates in respect to character, knowledge and ability for tbe po- lice force. Tbe regulations so to be prescribed tball, among other things, be in furtherance of the folio-wing provisions: 1. For open, competitive examinations for testing the fitness of applicants for the police force. Such examinations shall be practical in their character, and, so far as may be, shall relate to those matters which will fairly test the relative capacity and fit- ness of the persons examined to discharge the duties of that service into which they seek to be appointed. 2. All offices, places and employment so arranged or to be arranged In classes shall be filled by selection from among those graded highest as the result of said competi- tive examinations; provided, however, that the said board shall not be required to ap- poiDt from, but may in their discretion, ignore those who have heretofore been re- ported or decided to be eligible for appoint- ment. 3. There shall he a period of probation before any absolute appointment or em- ployment in the police force. 4. Promotions from the lower grades to the higher grades shall be on the basis of seniority of merit, and of excellence, as shovm by competitive examination. The police board shall transmit to the civil serv- ice commission the record of each oandidate for promotion. 5. There shall be non-competitive exami- nation wffiere, after due efforts by previous public advertisement or otherwise, competi- tion may be found not to be practicable. Police board; rewards to informers. Sec. 305. The police board shall have au- thority to offer rewards to induce all classes of persons to give information which shall lead to the detection, arres: and conviction of persons guilty of homicide, arson or re- ceiving stolen goods, knowing them to be stolen; and to pay such rewards to such per- sons a« shall give such information. But no such reward shall he offered unless there be an unexpended appropriation therefor made by the board of estimate and apportionment, which shall make the necessary appropria- tion for such purpose. Police force; gratnitlen and political contrlbntions forbidden; may be per- mitted to retain rewarils. Sec. 306. No member of the police force ox employe of the police department shall, under any pretense whatsoever, share in, for his own benefit, any present, fee, gift or emolument for police services, or for services of the police department or any member thereof, addi- tional to his regular salary, pay or compensa- tion. The police board, for meritorious and extraordinary services rendered by any mem- ber of the police force in due discharge of his duty, may permit 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 re- ceive any such reward o-r present without no- tice thereof to the police board. Upon re- ceiving said notice, the police board may either order the said member to retain the same, or shall dispose of it for the benefit of the police pension fund. No person in the police force shall be permitted to contribute any moneys directly or indirectly to any political fund or to join or be or become a member of any political club or association, or any club or association, intended to affect legislation for or on behalf of the police department or any member thereof, or to contribute any funds for such purpose. Id.; detail of policemen at polls. Sec. 307. It shall be the duty of the chief of police to detail, or to cause to be detailed on election day, at least two patrolmen at each election poll. It shall be the duty of the police force, or any member thereof, to pre- vent any booth, or box, or structure for the distribution of tickets at any election from being erected or maintained within one hun- dred 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 be appointed; military assistance. Sec. 308. The police board may, upon an emergency or apprehension of riot, tumult, mob, insurrection, pestilence or invasion, ap- point as many special patrolmen without pay from among the citizens as it may deem de- sirable. The mayor, or, in case of his failure so to do, the governor may demand the as- sistance of the militia of the state within the city, or of any brigade, regiment or company 'thereof, by order in writing served upon the commanding officer of any brigade and such commanding officer shall obey such order. Special patrolmen, appointed in pursuance of law, may he dismissed by order of the police hoard; and while acting as such spe- cial patrolmen shall possess the powers, per- form the duties and be subject to the orders, rules and regulations of the police depart- ment in the same manner as regular patrol- men. Every such special patrolman shall wear a badge, to be prescribed and fur- nished by the police board. No transfer, de- tail or assignment to special duty of any member of the police force, except in cases authorized or required by law, shall here- after be made or continued, except for police reasons and in the interests of police serv- ice; provided, however, that the chief of police may, whenever the exigencies of Ac case require it, make detail to special duty for a period not exceeding three days, at the expiration of which the member or members so detailed shall report for duty to the officer of the command from which the detail was mad-e. The police board, whenever expedient, may on the application of any person or persons, corporation or corporations, showing the necessity therefor, detail regular pauolmen of the police force, or appoint and swear any number of special patrolmen to do special duty at any place in the city of New York upon the persons or persons, corporation or corporations by wlioin the application shall be made, paying, in advance, such regular or special patrolmen for their services, and upon such regular or special patrolmen, in consideration of their appointment, slgiiing an agreement in writing releasing and waiv- ing all claim whatever against the police de- partment and the city of New' York for pay, salary or compensation for their services and tor all expenses connected therewith; regular patrolmen so detailed shall be paid at the same rate as provided for patrolmen in this act; but the regular or special patrolmen so appointed shall be subject to the orders of the chief of police and shall obey the rules an(I regulations of the police department and conform to its general discipline and to such special regulations as may be made and shall w'ear such dress or emblefns as the department may direct, and .^all during the term of their holding appointment pos- se.ss all the pow'ers and discharge al! the duties of the police force, applica.ble to regu- lar patrolmen. The special patrolmen so appointed may be removed at any time by the police board without assigning cause therefor, and nothing in this section con- tained shall be construed to constitute such special patrolmen members of the police force, or to entitle them to the privilege of the regular members of the force, or to re- ceive any salary, pay, compensation or moneys whatever from the said police de- partment or the city of New York, or to share in the police pension fund. Police T)oar«l; detail persons to attend courts. Sec. 309. It shall he the duty of the police board to cause some intelligent and experi- enced person connected with the police force to attend at the courts of the city in cases where there is need of such assistance, who shall, to such extent as the rules of the board of magistrates may loasonably require, aid in bringing tbe facts before the magis- trates in proceedings pending in such police courts. Police department to co-operate witli department of healtli. Sec. 310. It shall be the duty of the police department (and of its officers and men, as said police board shall direct) to pro-mptly advise the department of health of all threatened danger to human life and health, and of all matters thought to demand its attention, and to regularly report to said de- partment of health all violations of its rules and ordinances, and of the health laws, and all useful sanitary information. Said de- partment shall, so far as practicable and ap- propriate, co-operate for the promotion of the public health and the safety of human life in said city. It shall be the duty of said police department, by and through its proper offi- cers, agents and men, to faithfully and at the proper time enforce and execute the sani- tary rules and regulations, and the orders of said department of health (made pursuant to the power of said department of health), upon the same being received in writing and duly authenticated as said department of health may direct. Said police department au- thorized to emijloy and use the appropriate persons and means, and to make the necessary expenditures for the execution and enforce- ment of said rules, orders, and regulations, and such expenditures, so far as the same may not be refunded or compensated by the means herein elsewhere provided, shall be paid as tbe other expenses of said department of health are paid. In and about the exe- cution of any order of the department of health, or of the police department made pursuant thereto, police officers and i -lice- men shail have as ample power and authority 84 THE CHARTER OF THE CITY OF NEW YORK. as when obeying any order ot or law applicable to the police departP’'' ' ' ^r as if acting under a special warrant of a justice or judge, duly issued; but for their conduct they shall be responsible to the police department and not to the department of health. The depart- ment of healtti may, with the consent of the police department, impose any portion of the duties of subordinates in said department upon subordinates in the police department. Police force; arrests for violation of licaltli laws. Sec. 311. Any member of the police force may arrest without warran't any person who shall, in view of suen memoer, violate, or do, or be engaged in doing or commiDting in said city, any act or thing forbidden by chap- ter XIX oif this act, or by any law or by any ordinance the authority to enact which is giv- en by this act or any other statute or who shall, in such presence, resist or be engaged in resisting the lawful enforcement of any such law or ordinance or any official order made pursuant to any statute of this state. And any person so arrested shall thereafter be treated, disposed of and punished as any ether person duly arrested for a misdemean- or unless other provision is made for the case by law. Id.; detail of ofHcers and men to assist department of liealtli. Sec. 312. The police board, upon the requi- sition of the hoard of health, shall detail to the service of the said department of health for the purpose of the enforcement of the pro- visions of the sanitary code, and of the acts relating to tenement and lodging houses, not less than fifty nor more than one hundred suitable officers and men of experience of at least five years’ service in the police force, provided that the department of health shall pay monthly to the police department a sum equal to the pay of all officers and men so detailed. At least thirty of the officers and men so detailed shall be employed exclusively in the enforcement of the laws relating to tenement and lodging houses. These officers and men shall 'belong to the sanitary com- pany of police, and shall report to the board of health. The board of health may report back to the police department for punishment any member of said company guilty of any breach of order or discipline, or of neglect- ing his duty,«Eund thereupon the police hoard shall detail another officer or man in his place, end the discipline of the said members of the sanitary company shall he 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 his place. Id.; detail of officers aiifl men to assist tUe department of public parks. Sec. 313. The police board, upon the requi- sition of either of the commissioners of parks, shall from time to time detail to the service of the department ol parks in the borough or boroughs under the charge of such commis- sioner, for the enforcement of the park or- dirances and for tne maintenance of good or- der in the parks, so many suitable officers and men as in the judgment of the police de- partment ■ are necessary. Such officers and men shall continue to be in all respects an in- tegral part of the police force of the city and shall be paid cut of the funds appropriated for the support of the police department. These officers and men shall con^ltute the park police so long as their detail lasts, and shall report to the park commissioner in charge of the parks in which they serve. Each commissioner of parks may report back to the police department for punishment any member of said parK police force guilty of any breach of orders or discipline, or of neglecting his duty, and thereupon the police department may detail another officer or man in his place, and the discipline of the said members of the park police shall be in the jurisdiction of the police department, but at any time either commissioner of parks may object to the inefficiency of any member of said park po- lice serving in any park under his charge and thereupon another officer or man may be de- tailed in his place. Iff.; detail of officers ami men to assist tlie ffepartmoiit of bridges. Sec. 314. The police board, upon the re- quisition of the commissioner of bridges shall from time to time detail to the service of the department of bridges for the enforce- ment of the ordinances regulating travel over any of the bridges and for the maintenance of good order thereon, so many suitable officers and men as in the judgment of the police department are necessary. Such officers and men shall continue to be in all respects an integral part of the police force of the city and shall be paid out of the funds appropri- ated for the support of the police depart- ment. These officers and men shall consti- tute the bridge police so long as their de- tail lasts, and shall report to the commission- er of bridges. The commissioner of bridges may report back to the police department for punishment any member of said bridge police force guilty of any breach of orders or dis- cipline, or of neglecting his duty, and there- upon the police department may detail another officer or man in his place, and the discipline of the said members of the bridge police shall be in the jurisdiction of the police depart- ment, but at any time the commissioner of bridges may object to the inefficiency of any member of said bridge police and thereupon another officer or man may be detailed in his place. Iff.; ffnties of. Sec. 315. It is hereby made the duty of the police department and force, at all times of day and night, and the members of such torce are hereby thereunto empow'ered to es- pecially preserve the public peace, prevent crime, detect and arrest offenders, suppress riots, mobs and insurrections, disperse un- lawful or dangerous assemblages and assem- blages wbich obstruct the free passage of public streets, sidewalks, parks and places; protect the rights of persons and propercy, guard the public health, preserve order at elections and all public meetings and assem- blages; regulate the movement of teams and vehicles in streets, bridges, squares, parks and public places and remove all nuisances in the pubirc streets, parks and highways; ar- rest all street mendicants and beggars, provide proper police attendance at fires, assist, ad- vise and protect emigrants, strangers and travelers in public streets, at steamboat and ship landings and at railroad stations; care- fully observe and. inspect all places of public amusement, all places of business having ex- cise or other licenses to carry on any busi- ness; all houses of ill fame or prostitution and houses where common prostitutes resort or reside; all lottery offices, policy shops and places where lottery tickets or lottery poli- cies are sold or offered for sale; all gambling houses, cock pits, rat pits and public common dance houses, and to repress and restrain all unlawful and disorderly conduct or practices therein; enforce and prevent the violation of all laws and ordinances in force in said city; and for these purposes to arrest all persons guilty of violating any law or ordinance for the suppression or punishment of crimes or offenses. Iff.; general powers over certain trades Sec. 316. The chief of police and each deputy chief of police, and each inspector in his dis- trict, and each captain of police within his precinct, shall possess powers of general po- lice supervision and inspection over all li- censed or unlicensed pawnbrokers, venders, junk shop keepers, junk boatmen, cartmen, dealers in second hand merchandise, intelli- gence office keepers and auctioneers within the said city; and in the exercise of said supervision may from time to time empower members of the police force to fulfil such special duties in the afore- said premises as may be from time to time ordained by the police hoard. The said chief of police and each deputy chief of police, and each inspector in his district and each captain within his precinct may, by authority in writing, empower any member of the po- lice force, whenever such member shall be in search of property feloniously obtained, or in search of suspected offenders, or evidence to convict any person charged with crime, to examine the books of any pawnbroker or his business premises, or the business premises of any licensed vender, or licensed junk shop keeper, or dealer in second hand merchandise, or intelligence office keeper, or auctioneer, or boat of any junk boatman. Any such member of the police, when thereto authorized in writing by the said chief, shall be authorized to examine property alleged to be pawned, pledged, deposited, lost or stolen, in whose- soever possession said property may be; but no such property shall be taken from the pos- sessor thereof without due process or author- ity of law. Id.; may examine pawnbrokers’ books. Sec. 317. The chief of police, deputy chiefs of police, inspectors of police and captains of police and persons acting by their, or by either of their orders, shall have power to examine the books of any pawnbroker, his clerk or clerks, if they deem it necessary, when in search of stolen property, and any person having in his possession a pawnbrok- er’s ticket shall, when accompanied by a po- liceman, or by an order from the chief of po- lice, or a deputy chief of police, or an inspector of police, or a captain of police, be allow'ed to examine the property purporting to be pawned by said ticket, but no property shall be removed from the possession of any pawnbrok- er without the process of law required by the existing laws of this state, or the laws and ordinances of the city regulating pawnbrokers. A refusal or neglect to comply in any respect with the provisions of this section, on the part of any pawnbroker, his clerk or clerks, shall be deemed a misdemeanor, and punishable as such. Id.; sappression of gaming and otber houses. Sec. 318. If any member of the police force or if any two or more householders shall re- port in writing, under his or their signature, to the chief of police or to a deputy chief of police, that there are good grounds (and stat- ing the same) for believing any house, room or premises within the said city to be kept or used as a common gambling house, com- mon gaming room or common gaming prem- ises, for therein playing for wagers of money at any game of chance, or to be kept or used for lewd and obscene purposes or amusements, or the deposit or sale of lottery tickets or lot- tery policies, it shall be lawful for the chief of police or a deputy chief of police to authorize, in writing, any member or members of the police force to enter the same, who may forth- with arrest all persons there found offending against law', but none others, and seize all implements of gaming or lottery tickets or lottery policies, and convey any person so ar- rested before a magistrate and bring the ar- THE CHARTER OF THE CITY OF NEW YORK. 35 tides so seized to the ofBce of the prop?rty clerk. It shall be the duty of the said chief of police or deputy chief of police to cause such arrested person to be rigorously prose- cuted and such articles seized to he destroyed, as the orders, rules and regulations of the police board shall direct. Rales and reg-ulations as to navigable waters vritbin tlie city limits. Sec. 319. It shall be the duty of the board to provide and enforce proper rules and regu- lations for the safety of passengers on excur- sion steamers, yachts and all craft taking part in regattas or races, whether as observers or participants, in the navigable waters embraced within the corporate limits of the city and to preserve the public peace and prevent un- due interference with or interruption of such regattas and races. Such rules and regulations when so adopted shall be duly published in the public newspapers and any wnllful viola- tion of the same by any person shall subject the offender to the penalties of a misdemeanor and if the holder of a license from the city to a forfeiture thereof. Police board; to farnisb station bonses, etc., and fix boundaries of pi'ecincts; beadquarters. Sec. 320. The police board shall from time to time, with the authority of the municipal as- sembly, establish, provide and furnish stations and station houses, or sub-stations and sub- station houses, at least one to each precinct, for the accommodation thereat of members of the police force, and as places of. temporary detention for persons arrested and property taken within the precinct; and shall also pro- vide and furnish such business accommoda- tions, apparatus and articles and provide for the care thereof, as shall be necessary for the department of police and the transaction of the business of the department. The said police board is hereby authorized and empowered to furnish horses and w'agons, to be known as patrol wagons, which said horses and wagons shall be under the custody, control and care of said police department, for the exclusive use thereof. The board of estimate and appor- tionment and the municipal assembly are di- rected to appropriate a sufficient sum of" mon- ey in each and every year, for the purpose of furnishing such horses, wagons and apparatus connected therewith, and the maintenance thereof, and for the other purposes authorized by this section. The number and boundaries of the precincts shall be fixed by the police board. There shall be one headquarters or central station, established and located by said police board in each borough into which the city of New York is divided by this act. A deputy chief of police shall be assigned to duty by the police board at police headquarters in the borough of Brooklyn, and, in the discre- tion of the police board, a deputy chief of po- lice may be assigned to duty at, police head- quarters in each of the other boroughs. The said police board shall apply to and use for the purposes mentioned in this section the property and premises which shall come into their possesion, or under their control, by vir- tue of section 275 of this act, so far as suitable for the purpose, in their judgment, and avail- able therefor. Id.; to provide accommodations for detention of witne.sses. Sec. 321. The police board shall, where not otherwise provided by law, and as authorized by the municipal assembly, provide suitabLe accommodations and supplies for the deten- tion of witnesses who are unable to furnish security for their appearance in criminal proceedings, other than children actually or apparently under the age of 16 years, to be called the house for the detention of witnesses, I and such accommodation shall be in premises other than those employed for the confine- ment of persons charged with crime, fraud or disorderly conduct. And it shall be the duty of all magistrates, when committing wit- nesses in default of bail, to commit them to such house for detention of witnesses. The board of estimate and apportionment and the municipal assembly, shall in each and every year appropriate a sufficient sum of money to defray the expenses authorized by this section. And said police board shall apply to and use for such purposes the property and prem- ises w'hich shall come into their possessiSn or under their control by section 275 of this act, so far as the same may be available, and, in their judgment, suitable therefor. Icl.; to provide lodgings for vagrants,. etc. Sec. 322. It shall be’ the duty of said police board and it is hereby empowered to provide for the lodging of vagrants and indigent per- sons as far as such duty is not by law impos- ed on some other department of the city of New York. Id.; may maintain and operate tele- grapli and telephone lines, and use same in assisting depjjrtment of health. Sec. 323. The police board shall have pow- er to erect, operate, supply and maintain, under the general laws of the state relating to telegraphs, all such lines of telegraph and telephone to and between such places in the city as for the purposes and business of the police the board shall deem necessary. The po- lice board may procure all instruments, fix- tures, property and materials for the purpose above mentioned, and control the same, but the cost thereof shall be chargeable to gen- eral expenses of police. The police board is hereby permitted to use the said telegraph and telephone lines to aid it in facilitating the operations of the department of health, and when so used, the expense thereof shall be charged to the said department of health. Id.; may use boats; establisli mounted patrol, sell old property, etc. Sec. 324. In the performance of police serv- ice in any precinct or precincts, comprising waters of the harbor, the police board may procure and use and employ such rowboats, steamboats and boats propelled by other pow- er as shall be deemed necessary and proper. In rural or sparsely inhabited precincts it may establish a mounted patrol and procure and use and employ so many horses and equipments as shall be requisite for the pur- pose; and it shall procure and cause to be used teams and vehicles to transport prisoners, sup- plies and property, whenever the use of teams and vehicles for such purposes shall be proper and tend to preserve the public peace and de- cency. The police board may sell and dis- pose of, in accordance with law, any person- al property owned or used in the department, whenever such property shall have become old and unfit and shall not be required for service, and it shall have authority to detail and em- ploy patrolmen in any duty or service, Oiher than patrol duty, which may be necessary and proper to enable the department to exercise the powers and perform the duties and busi- ness imposed and required by law. Applications foi* medical attendance; registered physicians. Sec. 325. Upon the application of any per- son residing within the precinct, it shall bo the duty of the captain or other officer at the desk to register in a book kept open for that purpose, the name and address of any person desiring or needing medical attendance, ■u'itb the name or address of the person making such application, and without delay to select and notify of such application one from th« list of physicians who have registered in said precinct as thereby pledging themselves to respond to any call for medical attendance, and who have been certified by the registrar of vital statistics of the department of health as being In good and regular standing. It shall be the duty of the captain or other offi- cer at the desk, in the absence of any express- ed preference by tho applicant, to select and notify, from the list of physicans thus regis- tered, the name of the physician residing nearest to the residence of the said patient in whose behalf application is made. Comisensatiou of registered i)liysician; certificate, etc. Sec. 326. It shall be the duty of the cap- tain, sergeant or other officer at the desk, in such police precinct as before specified, upon registry of any application as described in the preceding section, immediately to de- tail an officer whose duty it shall be to call upon such physician without delay, and to conduct him to the residence of the patient, also to verify by personal inspection or in- quiry, the name and address of such patient as registered by his superior officer. Every officer thus detailed as messenger shall be furnished with a blank certificate, upon which the name and address of the physician, re- sponding to the cali, the name and address of the patient attended and the date and hour of the visit shali be written by him after he has conducted the physician to the pa- tient’s residence and verified the genuineness of the application. Such certificate shall be signed by him and given to the physician, and shall specify upon its face that the physi- cian therein named is entitled to the sum of three dollars from the public funds, upon presentation thereof to the proper officer* and endorsement thereof in writing of tlif, name of the captain of the precinct. But it shall be the duty of the physician making such visit to present such certificate to the patient or his or her agent or attendant, and to request payment of the said sum specified; and in case of such payment being made, said physician shall surrender such certificate to the person or persons making it, and it shall cease to be a claim upon the public treasury. In default of the immediate payment of the said fee specified in the said certificate, by the patient or his or her agent or attendant, it shall be the duty of the captain of the police pre- cinct in which the visit was made, to indorso it with his name; and thus indorsed ic shall be the duty of the cashier of the department of health to pay at sight the fee aforesaid, and to enter the payment in a book provided for that purpose and take up the certificate. And all certificates thus redeemed shall be valid debts to the amount therein named, against the patients therein named, or their guardians, which the said department may order collected by due process of law, pro- vided that no prosecution shall be instituted in cases where it is satisfactorily shown that the patient is without sufficient means for the payment thereof. Pliysieians to report to tUe dcpartmeiit of health. Sec. 327. It shall bo tho duty of every physician thus called to tho medical assist- ance of any person w'ithin the police pre- cinct in which he is registered, to transmit to the registrar of the department of hcaith, v/ithin twenty-four hours after the call shall have been answered, .a full and .accurate statistical exhibit of the case, specifying therein the age and sex and tho employment, profession or business of the patient, the nature of the diSGa.se-, the hour of the attack, when practicable, the date and the police precinct and ward, in which tho case oc- 3G THE CHARTER OF THE CITY OF NEW YORK. curred; the same shall be signed with the full name and address of the physician ren- dering it, but the name and address of the patient shall always be omitted. And it shall be the duty of the department of health to provide all physicians thus registered for night service with appropriate blanks for the said purpose, upon their appiioatlon therefor. Nearest pliysician to 1»e called; penalty for refusal to attend. Sec. 328. Any policeman who shall be de- tailed as messenger, according to the pro- visions hereinbefore specified, shail, in the absence of preference expressed in the appli- cation, call the physician nearest and most convenient to the patient’s residence, or in the absence or refusal from any cause of the latter, the physician next nearest, and so on. And there shall be no delay or waiting for such physician to return; and any member of the force neglecting to compiy with this provis- ion shali be subject to trial and fine, or dis- missal from service, by the police board, in the same manner as for oiher offenses cog- nizable by the said body. And any physician thus registering who shall twice refuse or neglect, without reason- able excuse, to answer a call made according to the provisions of the three preceding sec- tions, shall be subject to have his name erased from the list, upon proper evidence thereof, submitted to an executive officer, who shall be appointed by the registrar of vital statistics of the department of health, and shall be under his immediate super- vision. liist of rcsistered pliysiciana to T»e posted. Sec. 329. The captains of the several police precincts shall cause the names and addresses of such physicians as have been duly certi- fied by the registrar of vital statistics to be plainiy and legibly written or printed on a bulletin provided for that purpose, which bulletin shall be placed at a convenient point near the captain’s desk, and kept open to the inspection of all persons within the pre- cinct desiring to see the same. They may, if in their judgment it shall be necessary to the public convenience, cause the bulletins of physicians herein specified to be posted in the hotels and district telegraph offices with- in their respective precincts, but any appli- cant applying at such hotels oy telegraph offices, or desiring the services of any mes- senger other than a member of the police force detailed for that purpose, shall em- ploy such messenger at his own expense, and shall be liable for any expenseis incurred in communicating with the police precinct. 1 “ Honrs of sei’vice of registered pliy- sieians. Sec. 330. The period during which the afore- said physicians shall be held subject to call shall be between the hours of ten in the even- ing and seven in the morning, from October first to March thirty-first, inclusive, and be- tween the hours of eleven in the evening and six in the morning, from April first to Septem- ber tbirtietti, inclusive. Stolen, property; property clerk; em- ployment of and dnties. Sec. 331. The police board shall employ some person as clerk, who shall be designated prop- erty clerk, to hake charge of all property al- leged to be stolen or embezzled, and which may be .brought into the police office, and all property taken from the person of a prisoner, and all property or money alleged or supposed CO (have been feloniously obtained, or which shall be lost or abandoned, and which shall be taken into the custody o't any member of the police force or criminal court in the city of New York, or which shall come into the custody of any magistrate or officer, shall be, by such member or magis- trate, or by order of said court, given into che custody of and keph by che said property clerk. All such property and money shall be de- scribed and registered by said property clerk in a book kept for that purpose, which shall contain the name of the owner or claimant if ascertained, the place where found, the name of che person from whom taken, with the gen- eral circums'caaces, the date of its receipt, the name of the officer recovering the same, a de- scription thereof, the names of all claimants thereto, and any final disposition of such prop- erty or money. The said police board may prescribe regula- tions in regard to the duties of the clerk so designated, and require and take security for the faithful performance of the duties im- posed by this section, but all animals strayed, lost or stolen, which shall come into the pos- session of the said property clerk shall by him be transferred and sent to the public pound, Ic said city, anything herein contained to the contrary notwithstanding. Id.; return of property to person ac- cused. Sec. 332. Whenever property or money taken from any person arrested shall be alleged to have been feloniously obtained, or to be the proceeds of crime, and brought, with all ascer- tained claimants thereof, and the person ar- rested, before some magistrate for adjudica- tion, and the magis-trate shall be then and there satisfied from evidence that the person arrested is innocent of the offense alleged, and that the property rightfully belongs to him, then said magistrate may thereupon, in writ- ing order such property or money to be re- turned, and che property clerk, if he have ic, to deliver such property or money to the ac- cused person himself, and not to any attorney, agent, or clerk of said accused person. III.; claint to by another person. Sec. 333. If any claim to the ownership of such property or money shall be made on oath before the magistrate, by or in behalf of any other persons than the person arrested, and the said accused person shall be held for trial or examination, such property or money shall remain in the custody of the property clerk until the discharge or conviction of the person accused and until lawfully disposed of. Unclaimed, lo.st, stolen, etc., property to be registered and advertised. Sec. 334. All property or money taken on suspicion of having been feloniously obtained, or of being the proceeds of crime, and for which there is no other claimant than the person from whom such property was taken, and all lost property coming into the pos- session of any member of the said police force, and all property and money taken from pawn- brokers as the proceeds of crime, or by any such member from persons supposed to be in- sane, intoxicated or otherwise incapable of taking care of themselves, shall be transmitted as soon as practicable to the property clerk, to be registered and advertised in the City Record for the benefit of all persons interested, and fox the information of the public, as to the amount and disposition of the property so taken into custody by the police. Id.; to be sold if unclaimed. Sec. 335. If the property stolen or em- bezzled be not claimed by the owner before the expiration of six months from the con- viction of a person for stealing or embezzling it, the officer having it in his custody muse, on payment of the necessary expenses incur- red in its preservation, deliver the same to the property clerk. The property so deliver- ed to said property clerk, and all such other property, securities, moneys, things, or choses in action, that shall remain in the custody of the property clerk for the period of six months without any lawful claimant thereto, after having been advertised in the City Record for the period of ten days, may be sold at public auction in a suitable room to be designated for such purpose, and the proceeds of such sale shall he paid into the police pension fund. No property shall be deliyered to the property clerk or at the central office of the police department, except as provided by law. Stolen property desired as evidence in criminal court. Sec. 336. If any property or money placed in the custody of the property clerk shall be desired as evidence in any police or other criminal court, such property shall be de- livered to any officer who shall present an order to that effect from such court. Such property, however, shall not be retained in said court, but shall be returned to such property clerk to he disposed of according to the previous provisions of this chapter. Police force; arrests witbont warrant. Sec. 337. The several members of the police force shall have power and authority to im- mediately arrest, without warrant, and to take into custody, any person who shall com- mit or threaten or attempt to commit, in the presence of such member, or wdthin his view, any breach of the peace or offense directly prohibited by act of the legislature, or by any ordinance made- by lawful authority. The members of the police force shall possess in the city of New York and in every part of this state, all the common law and statutory powers of constables, except for the service of civil process, and any warrant for search or arrest issued by any magistrate of this state may be executed, in any part thereof, by any member of the police force, and all the provisions of sections 7, 8 and 9 of chap- ter 2, title 2, part 4 of the revised statutes in relation to the giving and taking of bail shall apply to this chapter. I«l.; returns of arrests; accused to be taken before magistrate. Sec. 338. In every case of arrest by any member of the police force, the same shall be made known Immediately to the superior on duty in the precinct wherein the arrest was made by the person making the same; and it shall be the duty of the said superior, within twenty-four hours after such notice, to make w'ritten return thereof, according to the rules and regulations of the police depart- ment, with the name of the party arrested, the alleged offense, the time and place of ar- rest and the place of detention. Each mem- ber of the police force, under the penalty of ten days’ fine, or dismissal from the force, at the discretion of the police board, shall, immediately upon an arrest, convey in per- son the offender before the nearest sitting magistrate, that he may be dealt with accord- ing to law. If tne arrest is made during the hours that the magistrate does not regularly hold court, or if the magistrate is not hold- ing court, such offender may he detained in a precinct or station house thereof, until the next regular 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 board, from time to time, to provide suitable rules and regu- lations to prevent the undue detention of per- sons arrested, which rules and regulations shall be as operative and binding as if here- in specially enacted, subject, however, to the THE CHARTER OP THE CITY OF NEW YORK. 87 order of the court committing the person arrested. Penalty for personntingr policeman, and for willful neglect of police. Sec. 339. It shall be a misdemeanor, pun- ishable by imprisonment in the penitentiary for not less than one year, no^r exceeding two years, or by a fine of not less than two hun- dred and fifty dollars, for any member of the police force to willfully neglect to make any ar- rest for an offense against the law of the sitate, or any ordinance in force in the city of New York, or for any person not a member of the police force to falsely represent himself as being such a member, with a fraudulent de- sign upon persons or property,, or upon any day or time to have, use, wear or display, without specific authority from the police de- partment, any uniform, shield, buttons, wreaths, numbers or other insignia or em- blems in any wise resembling such as are worn by members of the police force: and the said police department is hereby author- ized and directed, from time to time, to pre- scribe the uniform, shields, emblems, insig- nia and weapons to be worn, displayed and used, and to regulate the wearing, display and use thereof, by any and all persons, ex- cepting marshals and the sheriff, his under- sheriff and deputies authorized under the laws of this state, to make arrests for any cause in the city of New York. Misdemeanor for persons not members of police force to serve criminal pro- cess. 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 constable of this state, or a police constable, or assistant police constable, or United States marshal, or other peace officer of this state, or a sheriff, or one of the usual general deputies of any sheriff of this state, to serve any criminal process within the said city. Exemption from military and jnry duty and civil process. Sec. 341. No jierson holding office under this department shall be liable to military or jury duty, and no officer or patrolman while actu- ally on duty shall be liable to arrest on civil process, or to service of subpena from civil courts. Steam 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 as may by rules and regulations to be made there- for by the police board, be provided, report to the said department the location of each steam boiler or boilers, and thereupon, and as soon thereafter as practicable, the sanitary company or such member or members there- of as may be competent for the duty herein described, and may be detailed for such duty by the police board shall proceed to inspect such steam boilers, and all apparatus and ap- pliances connected therewith; but no person shall be detailed for such duty except he be a practical engineer, and the strength and se- curity of each boiler shall be tested by atmos- phertc and hydrostatic pressure and tlje strength and security of • each boiler or boilers so tested, shall have under the control of said sanitary com- pany, such attachments, apparatus and appli- ances 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 25, 186G; and they shall limit the pressure of steam to be appiied to or upon such boiier, certifying each insp'OC- tion and such iimit of pressure to the owner of the boiier inspected, and also to the engi- neer in charge of same, and no greater amount of steam or pressure than that certified in the case of any boiler shall be applied thereto. In limiting the amount of pressure, where- ever the boiier under test will bear the same the limit desired by the owner of the boiler shall be the one certified. Every owner, agent or lessee of a steam boiler or boilers in use in the city of New York shall, for the inspection and testing of such or each of such boilers, as provided for in this act, and upon receiving from the police department a certificate set- ting forth the location of the boiler inspected, the date of such inspection, the persons by whom the inspection was made, and the limit of steam pressure which shall be applied to or upon such boiler or each of such boilers, pay annually to the treasurer of the police department for each boiler, for the use of the police pension fund, the sum of $2, such cer- tificate to continue in force for one year from the granting thereof when it shall ex- pire, unless sooner revoked or suspended. Such certificate may be renewed upon the payment of a like eum and like conditions, to be applied to a like purpose. It shall no: be lawful for any person or persons, corpora- tion or corporations, to have used or operat- ed within the city of New Yo.rk any steam boiler or boilers except for heating purposes and for railway locomotives, without having first had such boiler or boilers inspected or tested and procured for such boiler or each, of such boilers so used or operated the cer- tificate herein provided for. The superintendent and inspector^ of boil- ers, in the employ of the police department, in the City of Brooklyn, and the boiler in- spectors in L/ong 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. Id.; no person to nse, or act as en- gineer for, witliont certificate. Sec. 343. It shall not he lawful for any per- son or persons to operate or use any steam boiler to generate steam except for railway, locomotive engines, and for heating purposes in private dwellings, and boilers carrying not over len pounds of steam and not over ten horse power, or to act as engineer for such purposes in the city of New York without hav- ing a certificate of qualification therefor from practical engineers detailed as such by the police department, such certificate to be coun- tersigned by the officer m command of the sianitary company of the police department of the city of New York and to continue in force one year, unless sooner revoked or suspended. Such certificate may be revoked or suspended at any time by the police board upon the re- port of any tiwo practical engineers, detailed as provided in this section, stating the grounds upon which such certificate should he revok- ed or suspended. Where such certificate shall have been revoked, ks 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 Che revocation of the former certificate held by such person. Id.; record of inspections to toe kept. Sec. 344. A correct record in proper form, shall be kept and preserved of all inspections of steam boilers made under the direction of the police hoard, and of the amount of steam or pressure allowed in each case, and in cases where any steam boiler or the appara- tus or appliances connected therewith shall be deemed, by the department, after inspec- tion, to be insecure or dangerous, the depart- ment may preiscribe such changes and altera- tions as may render such boilers, apparatus and appliances secure and devoid of danger. And in the m^eantime, and until such changes and alterations are made and such appliances attached, such boiler, apparatus and appli- ances may be taken under the control of the police department and all persons prevented from using the same, and in cases deemed necessary the applianc 0 .s, apparatus or at- tachment for the limitation of pressure may be taken under the control of the said police de- partment. III.; oxer-preMsure fortoiclden; owner neglecting to report tooiler. Sec. 345. It shall not be lawful for any per- son or persons to apply or cause to be applied to any steam boiler a higher pressure of steam than that limited for the same in ac- cordance with the provisions of this chapter and any person violating the provisions of the last preceding section shall be guilty of a misdemeanor. In case any owner of any steam boiler in the said city shall fail or omit to have the same reported for inspection, as provided by law, such bailer may be taken under the control of the polled" department and all persons prevented from using the same until it can be satisfactorily tested, as hereinbefore provided for, and the owner shall, in such case, be charged with the ex- pense of so testing it. Police tooard; licenses for public ex» liitoitions. Sec. 34G. The police board is authorized to grant licenses for public exhibitions, in the manner and on the conditions provided in title 2 of chapter XXII of this act. III.; licenses to emigrant boarding- bouses; bond. Sec. 347. The police board is authorized to grant licenses to persons keeping houses for the purpose of boarding emigrant passengers. But before granting any such license, said board shall require from such person or per- sons a bond satisfactory to it, with one or more sureties in the penal sum of $500, con- ditioned for the good behavior of such person or persons, and the proper conduct of all agents and runners in his or their employ. The police board may revoke any license for cause. The person or persons receiving such license shall pay the sum of ?10 a year for each license. Id.; licenses to bookers of emigrant passengers. Sec. 348. The police board is authorized to grant licenses to persons exercising the voca- tion of booking emigrant passengers, or tak- ing money for their inland fare, or for the transportation of their baggage. The per- sons receiving such licenses shall pay the sum of $25 a year for each license. Id.; license.s 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 s:reet, public highway, dock or pier, or in any park or square, in the city of New York, or upon any -water adjacent thereto, over which said city has jurisdictio-n, to solicit patronage for any hotel, or inn, or passengers or patronage for any steamer, steamboat, ship, vessel or railroad, or for any person or corporation selling or offering for sale passage tickets, or contracting or offering to contract for pass- age in any such steamer, steamboat, ship, ves- sel or railro-ad. Such license shall be for the period of one year from the date thereof, and every person receiving such license shall pay the sum of $20 therefor to the police board, and shall also give to said board a bond. 88 THE CHARTER OF THE CITY OF NEW YORK. with two good and sufficient sureties in the penalty of $300, conditioned for his good be- havior, and the faithful observance by him of the provisions of this section. It shall be lawful for said board, upon an application made prior to the expiration of said license to renew and continue the same from year to year, provided that the applicant therefor con- tinues in all respects qualified, os herein provided, to hold such license, and the said applicant shall, upon receiving such renewal, pay into the city treasury the further sum of $12.50 per annum as a renewal fee. Li- censes and renewals may be revoked at 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 license under the provisions of this section who is not a citizen of the United States and a person of good general character; such fact to be proved to the satisfaction of the police board. Said board shall render to the controller of said city quarterly ac- counts of all moneys received by it under the provisions of this section, and the amount so received shall be paid over by said board Into the city treasury. Id.; special patrolmen for district tele- grapli companies. Sec. 350. The police board is hereby au- thorized, in addition to the police force now authorized by law, to . appoint a number of persons, not exceeding two hundred, w'ho may be designated by any company which may be opei'ating a system of signaling by telegraph to a central office for police as- sistance to act as special patrolmea in con- nection with such telegraphic system. And the persons so appointed shall, in and about such service, have all the powers possessed by the members of the regular force, except as this may be limited by the regulations of the police board and they shall be subject to the supervision and control of the police department. No person shall be appointed as such special patrol- man who does not possess the qualifications w’hich may be required by the police board for such special service; and the persons so ap- pointed shall be subject, in case of emergency, to do duty as a part of the regular police force. The police board shall have power to revoke any such appointment or appointments at any time, and every person so appointed shall wear a badge and uniform, to be fur- nished by such company and approved by the police department. Such uniform shall be designated at the time of the first appoint- ment under this section, and shall be the permanent uniform to be worn by said special police. The pay of such special patrolmen and all expenses connected with their service shall be wholly paid by such company or companies, and no expense or liability shall at any time be incurred or paid by the police department for, or by reason of, the services of the persons so as aforesaid appointed. Police pension fund; police hoard, trus- tees of; powers over. Sec. 351. The police board shall be the trus- tees of the police pension fund hereinafter meartioned. The treasurer of said hoard shall be treasurer of the pension fund. He shall, before entering upon his duties as treasurer thereof, execute and deliver to said hoard, a bond in. the penal sum of one hundred thous- and dollars, to he approved by the controller of the city of New York, and conditioned for the fdlthful discharge of his duties, and that he shall pay over and account for all moneys "and property which shall come to his hands as such treasurer. Such trustees shall have charge of and administer said funds, and from time to time invest the same, or any part thereof, as they shall deem most beneficial to said fund, and they are empowered to make all necessary contracts and take all necessaiY and proper actions and proceedings in the premis- es and to make payments from^ such fund of pensions granted in pursuance of this act, and also pensions now charged on said fund or any part thereof by or under existing laws, and said trustees shall be the legal successors of the trustee or trustees of the police life insurance fund, and of any police pension fund heretofore existing within the limits of the city of New York, as constituted by this act, including the pension fund of the park police, of the mayor, aldermen and commonalty of the city of New York, and the pension fund of the park police of the city of Brooklyn. The said trustees may, and they are author- ized and empowered, from time to time to establish such rules and regulations for the disposition, investment, preservation and ad- ministration of the police pension fund as they may deem best. They shall report in detail to the municipal assembly of the city of New York, annually, in the month of Jan- uary, the condition of the police pension fund and the items of receipts and disbursements on account of the same. No payments what- ever shall be allowed or made by said trus- tees from said fund as reward, gratuity or compensation to any person for salary or services rendered, to or for said trustees, except payment of legal expenses. Id.; funds to be paid trustees; exemp- tion from execution and process; false swearing- in pension claims. Sec. 352. The said police pension funds ex- isting in s«i.ld city of New York, as constituted by this act or in any part thereof when this act takes effect, and all moneys, bonds, invest- ments, securities, revenues and incomes there- of, or belonging thereto, in whose hands so- ever or wherever the same may be, shall be paid over and delivered on demand to the said trustees of the pension fund as consti- tuted by this act. The moneys, securities and effects of the police pension fund, and all pensions granted and payable from said fund shall be and are exempt from execution and from all process and proceedings to en- join and recover the same by or on behalf 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 willfully in any wise pro- cures the making or presentation of any false or fraudulent affidavit or affirmation concern- ing any claim for pension or payment thereof shall in ev >ry such case forfeit a sum not exceeding two hundred and fifty dollars, to be sued for and recovered by and in the name of the said trustees, and when recovered, to be paid over to and thereupon become a part of the said police pension fund. Any person who shall willfully swear falsely in any oath or affirmation in obtaining or procuring any pension or payment thereof, under the pro- visions of this chapter, shall be guilty of per- jury. Id.; of wliat if consists. Sec. 353. The said police pension fund shall consist of: 1. The capital, interest. Income, dividends, cash, deposits, securities and credits former- ly belonging to the police life insurance fund, and any police pension fund, existing as aforesaid with the addition thereto, from time to time, of 2. All forfeitures imposed by the police department from time to time, upon or against any member or members of the po- lice 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 po- lice department to be retained by the said members, and also all gifts or bequests which may be made to the said pension fund, or to the said police board as trustees there- of. 4. Ail lost, abandoned, undlaimed or stol- en money remaining in the possession of the property clerk of tbe police department for the space of one year, and for which there -shall he no lawful claimant, and all moneys arising from the sale by said prop- erty clerk of unclaimed, abandoned, lost or stolen property, and all mopeys realized, derived or received from the sale of any condemned, unfit or unserviceable proper- ty belonging to or in the possession or under the control of the police department; and of 5. All moneys, pay, compensation or sal- ary, or any part thereof, forfeited, deducted or withheld from any member or members of the police force on account of absence for any cause, lost time, sickness or other disability, physical or mental, to be paid monthly by the treasurer of the police board to the police pension fund. 6. All moneys derived or received from any licenses or certificates granted or given under section 340 of this act. 7. Any sum out of or share of excise moneys derived from the granting of licen- ses or permission to sell strong or spirit- uous liquors, ale, wine or beer, or out of or of any moneys paid for taxes upon the business of trafficking in or selling or deal- ing in strong or spirituous liquors, ale, wine, or beer, which by law was, at the time of the taking effect of this act, applicable to or appropriated to any police pension fund then existing within the limits of tbe city of New York, as constituted by this act, and such sum or share shall be paid in equal quarterly installments by the controller of the city of New York, or other person or officer having the legal custody therfeof.to the treasurer of the police pension fund without any action or thority of or from any other official body or officer. 8. All moneys received or derived from the granting or issuing of permits to carry pistols in said city, and no p«-mit shall be granted or issued to any person except upon the payment of two dollars and fifty cents in advance to the chief of police, nor shall any such permit continue in force for more than one year, when another may be issued from year to year, upon the pay- ment of a like sum. The chief of police is authorized to grant and issue permits for such purpose in proper cases, upon the pay- ment of the sum aforesaid, and all such moneys Shall he paid over to the treasurer of the police pension fund. 9. All moneys derived or received from the granting or issuing the permits, or the giving of permission to give masked balls, entertainments or parties, or either of them, in the city of New York. No mas- querade or fancy dress bail, or other enter- tainment, shall be held, given or permitted in the city of New York, except upon con- dition that a license fee therefor of not less than five dollars nor more than one hun- dred dollars shall first be paid to tbe police department who are authorized to » demand and receive the same for the bene- fit of the police pension fund. 10. Asumof moneyequal to but notgreater than two per centum of the monthly pay, salary or compensation of each member of the police force, which sum shall be de- ducted monthly by the treasurer of the police hoard from the pay, salary, or com- pensation »cf each and every member of the THE CHARTER OP THE CITY OF NEW YORK. 39 police force, and the said treasurer of said board Is hereby authorized, empowered and directed to deduct the said sum of money as aforesaid and forthwith to pay the same to the treasurer of the trustees of the poiice pension fund. 11. Any and all other moneys and funds which, but for the passage of this act, would have been part of or applicable to any police pension fund at the time this act takes effect or thereafter within the limits of the city of New York, as consti- tuted by this act. 12. And any and all unexpended bal- ances of appropriation or amounts esti- mated, levied, raised or appropriated for the payment of saiaries or compensation of members of the police force within said city of New York remaining unexpended or unapplied after allowing all claims pay- able therefrom. And the police board may, and it is hereby authorized to pay over to the police pension fund such unexpended balances or any part thereof, at any time after the expiration of the year for which the same were made and appropriated, and after allowing sufficient to satisfy all claims payable therefrom as aforesaid. 13. 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 department to pay in full the pensions which have been or which may hereafter be granted, it shall be the duty of the police department each year at the time of making up the departmental estimate, to prepare a full and detailed statement of the assets of said police pension fund and the amount which is required to pay in full all such pensions and to present the same to the board of estimate and apportionment to- gether v,dth a Statement of the amount of money required to enable the said board to pay the said pensions in full. It shall be the duty of said board of estimate and apportionment and the municipal assembly to make an appropriation sufficient to pro- vide for such deficiency, and the amount so appropriated shall be included in the tax levy, and the controller shall pay over the money to the treasurer of the police pen- sion fund. 14. And the said police board, as trustees , of the police pension fund, is hereby au- thorized and empowered to take and hold, as trustees of such fund, any and all gifts or bequests which may be made to such fund. Id.; pensions cla.sslfied. Sec. 354. The police board shall have power, in its discretion, to retire and dismiss from membership in the said police force, and thereupon to grant pensions to, as hereinafter provided, any member of the police force of said city who shall have become disabled, physically or mentally, or superannuated by age so as to be unfit for police duty, and to v/idows and orphaius of such members to be paid from the police pension fund to the trustees thereof, as follows: 1. To the widow of any member of any police force within the limits of said city, who shall have been killed while in the ac- tual performance of duty, or shall have died from the effects of any injury received whilst in the actual discharge of such duty, or who has died, or who .shall hereafter die after ten years of service in any police force within the limits of the city of New York, as constituted by this act,- or who shall have been retired upon a pension. If there be no child or children under eighteen years of age of any such member, the sum, of not exceeding three hundred dollars per annum; but if there be any such child or children of such member under the age aforesaid, then the said sum may be divided between such widow, child or children in such proportions and in such manner as the said trustee may direct; pro- vided, however, that the foregoing provision shall not be applicable to the widow, child or children of any member of any police force within the limits of said city who shall have been killed or died prior to the taking effect of this act, unless such widow, child or children would have been entitled to a pension under the laws in force at that time; and provided further that in no event shall such widow, child or children receive a greater pension than she, it or they would have been entitled to under the laws in force immediately prior to the taking effect of this act. 2. Subject to the like limitations, to any child or children under eighteen years of age of such member killed or dy- ing as aforesaid cr pensioner as aforesaid, but leaving no widow, or, if a widow, then after her death to such child or children being yet under eighteen years of age, a sum not exceeding three hundred dollars per annum. 3. Subject to the like limitations, to any such member of any such police force who, whilst in the actual performance of duty and by reason of the performance of such duty and without fault or miscon- duct on his part, shall have become perma- nently disabled, physically or mentally, so as to be unfitted to perform full police duty, a sum not to exceed one-half nor less than one-fourth of his rate of compensation per annum. 4. To any such member of the said police force who shall, after ten years, and less than twenty-five years membership in any such police force, become superannuated by age, permanently insane or mentally in- capacitated, or disabled physically or men- tally so as to be unfitted cr unable to per- form. full police duty by reason of such dis- ability or disease contracted without mis- conduct on his part, a sum not to exceed one-half nor less than one-fourth of his rate of compensation per annum. Id.; when memhevs of force entitled to pension; amount and duration. Sec. 355. Any member of the police force being of the age of 55 years, who has or shall have performed duty on such police force as aforesaid for a period of twenty years or up- ward, upon his own application In writing, may, or upon a certificate of so many of the police surgeons as the police board may re- quire, showing a member of whatever 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 board, be relieved and dismissed from said force and service and placed on the roll of the police pension fund, and av/arded and granted, to be paid from said pension fund, an annual pension during his lifetime of a sum not less than one-half of the full salary or compensation of such member so retired; and any member of the police force who has, or shall have performed duty on any such force aforesaid, for a period of twenty-five years or upward, being of the age of 55 years, or any member of any such police force who is an honorably discharged soldier or sailor from the army and navy of the Unitel States in the late civil war, who shall have reached ' the age of 60 years, or any such soldier or sailor w'ho has performed duty on any such force for a period of twenty years, upon his own application in yriUag. Pfovidecl tliei'e are no charges against him pending, must be relieved and dismissed from said force and service by the department and placed on the roll of the police pension fund and awarded and granted, to be paid from said pension fund, an annual pension during his lifetime of the sum of not less than one-half of the full salary or compensation of such member so retired; and the said department may in like manner relieve and dismiss from the service and place on the roll ’ of the police pension fund, and grant and award a pension to any member of said force other than an honorably discharged soldier or sailor of the Mexican or late civil war who shall have reached the age of 60 years. The said police department shall award and grant pensions to the chief of police of $3,000; to each deputy chief of police $2,500; to each inspector $1,750; to each captain of police, $1,375, and to each sergeant and detective sergeant of police hereafter relieved and dismissed from said force and service and placed on the roll of the pension fund, as hereinbefore provided, the sum of $1,000 per annum hereafter, and to each captain of police heretofore re- lieved and dismissed from said force and placed on the roll of the police pension fund, as hereinbefore provided, who. at the time when 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 $2,750, the sum of $1,375 per annum hereafter. Pensions granted under this section shall he for the natural life of the pensioner, and shall not be revoked, repealed or diminished. In case any member shall have voluntarily left any such police force and entered into the United States service, and served in the war of the rebellion, in the army or navy and received an honorable discharge, and afterward shall have been reinstated or re-appointed 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 dis- cretion of the said police department, be con- tinued and paid to the widows and children, or, if no widow, to the child or children while under the age of 18 years, of any member of the police force to whom pensions shall have been granted, provided, however, that such pensions to such widows or children, as the case may be, shall, in no instance, exceed $600 per annum, and the same may in the dis- cretion of the said board, be, from time to time, and at any time diminished, modified or revoked ; provided, however, that no member of either of the police forces by this ^ct con- solidated, having a right to retire upon a pen- sion at the time this act takes effect, shall be deprived of such right by reason of his re- maining upon the police force, or of anything in this act contained. In determining the terms of service of any member of the police force, service in the municipal and metropol- itan force, and subsequently in the police force of The City of New York, as heretofore constituted, or in any police force within the limits of The City of New York as hereby con- stituted, and thereafter in the police force created by this act, shall be counted and held to be service in the police force of The City of New York for all the purposes of this chap- ter. [Thus amended by Chapter 3S0, Laws of 1808.] Irt.; vilieu certain ijcii.sion.s terniiiinfe; oaiializini;' existing- ijcnsions. Sec. 356. Pensions to wido-\vs shall terminate when the widow .shall re-marry, and pensions to children shall terminate -whenever the chil- dren shall respectively marry or arrive at the age oi eighte^at Shte. P.&Uce board mav. 40 THE CHARTER OF THE CITY OP NEW YORK. In its discretion, order any pension granted, or any part thereof to cease, or be diminish- ed, except those pensions as to which it is otherwise provided in this act, and as therein provided; but in all such eases the said police board shall tile with the trustees of the police pension fund a written statement of the causes which determined the police board in ordering any pension so to cease or be diminished; and nothing herein, or in any other ant contained shall rfcnder the granting of any pension obligatory on the police board or chargeable as a matter of right upon said police pension fund, except as herein provided. All existing peiiisions lawfully granted, payable out of the police life insurance fund, or any police pension fund of which the police board are made trustees by this chapter, and not law- fully revoked, are continued and shall be paid out of the police pension fund in pursuance of the limitations and provision-s of this chapter. lil.; eertiiicnte of disability; depart- iiieiit jin2i.\' iu2ilve rsBle.s. Sec. 357. No member of the police force shall be granted, awarded, or paid a pension on account of physical or mental disability or disease, unle.ss a certificate of so many of the police surgeons as the police board may require, which shall set forth the cause, na- ture and extent of the disability, disease or Injury of such member shall be filed in the department. And no mem- ber shall be retired upon pension or be pensioned, nor shall any pension be awarded, granted or paid except as provided in this chapter, any other law' to the contrary not- withstanding. 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. Electioii.s ; powers traijsferre*! to police l>oar«l; boarti and ollices abolished. Sec. 358. -Ml the rights, powers, authority, duties and obligations, immediately heretofore by iaw' vested in or imposed upon the board of elections of the city of Brooklyn, or upon the commissioners or either of them compriis- ing such board, or upon the police commis- sioners of the mayor, aldermen and common- alty of the city of New York, with respect to elections, shall forthwith by fo'rce of and as an effect of this chapter be transferred to and continue in and upon the police board created by this act, except in so far as the same shall be contrary to or inconsistent j with the provisions of the election law and of this chapter. The board of elections of the city of Brooklyn and the tenure or term of office of the commissioners comprising such board and each of them are hereby abolished. General bureau of elections; control tit; br:inelies. Sec. 359. There shall be in the police de- partment created by this chapter a bureau to be known and designated as the general bureau of elections of the city of New York, which shall be located at police headquarters in the borough of Mannattan. Branches of said general bureau shall be established as follows: One in the borough of The Bronx; one in the borough of Brooklyn, one in the borough of Richmond and one in the borough of Queens. Said police board shall have cog- nizance and control of said general bureau of elections, and of the branches thereof, and of the officers, employes, affairs and adminis- tration of said general bureau and its branches. Id.; nmnagement; snpei'intendeut. Sec. 360. The affairs of said general bureau of elections and of said branches thereof, ttntter and subject to such rules, regulations and orders as may, from time to time, be made by said police board, not inconsistent withthe provisions of the election law or of this chapter, shall be managed, conducted and car- ried on by a person chosen and appointed by said police board who shall be known as the superintendent of elections of the city of New York; and such other officers, clerks, assist- ants and employes as may be selected or appointed as hereinafter provided. Id.; ai>i>ointment of chiefs of branches and stssistants; salaries of assistants; detailing members of police force. Sec. 361. Said police board shall also pro- vide and appoint for each of the said branch bureaus a chief of such branch bureau and such clerks, or other assistants, and furnish such accommodationrs and supplies for the conduct and administration of said general bureau and its branches, and their duties and affairs as may be reasonably necessary, and shall fix the grade, rank, duties and salaries of such clerks and other assistants. Said po- lice board shall pay said salaries in equal monthly installments. Said police board shall detail to said general bureau and its branches such patrolmen and other members of the po- lice force as may be necessary from time to time for the faithful performance by said general bureau and its branches of their func- tions and duties. Id.; oftieers’ terms and salaries; re- movals. See. 362. The said superintendent of elections shall hold his office for five years, and shall receive a salary of $6,000 a year. The chiefs of the branch bureaus of elections of the bor- oughs of Kings, Richmond, The Bronx and Queens shall receive such salaries re- spectively as shall be fixed by the police board, not to exceed the sum of $4,000 a year for the chief of the branch bureau of elec- tions in the borough of Brooklyn, $1,500 a year in the borough of The Bronx, and $1,500 a year in each of the boroughs of Richmond and Queens. Such salaries shall be paid by the police board in equal mon thly installments. Said superintendent of electiO’ns and chiefs of branch bureaus shall each be removable at any time by the police board for cause. Id.; employes contiiiaed in serviee. Sec. 363. Until said police board shall other- wise provide, the clerks, assistant clerks, and other employes attached to or in the service of the board of elections of the City of Brook- I lyn when this chapter takes effect shall con- tinue in the service and employment of the said general bureau of elections or said branches thereof, and they shall have the same salaries and perform the same duties as heretofore. But said police board shall have the power to fi:^ the salaries, duties and rank of such clerks, assistant clerks and other employes. Id.; appropriation for expenses of. Sec. 364. The board of estimate and appor- tionment and the municipal assembly shall annually include in its final estimate and in Its appropriations for the police department each year, such sums as may be necessary to pay the expenses of said general bureau of elec- tions and branches thereof, including salaries and compensations of the said superintendent of elections, and the chiefs of the branch bu- reaus thereof, and of all other clerks and as- sistants therein. The sums so included in the said estimate shall also be included in the yearly tax levy upon the estates, real and per- sonal, in the said city of New York. Id.; superintendent tlie ctief executive oiiicer; annual repoi’t. Sec. 365. The superintendent of elections shall be the chief executive officer of the gen- eral bureau of elections and be chargeable with and responsible for the execution of the pro- visions of the election law and the rules and regulations of the police board relating to said general bureau or any of its branches. He shall render to the police board in each year a statement of the operations and expenses of the general bureau of elections and the branches thereof, together with an estimate of the expenses thereof for the ensuing year, and such recommendations in reference to the elec- tion law and the rules and regulations of the police board relating to the election bureau and as to elections as to him may seem advis- able. Id.; chiefs of brandies; duties; loca- tion of olfices. Sec. 366. The chief of a branch bureau of elections shall perform such duties as now are or which may hereafter be prescribed by the election law, and the rules and regulations of the police board. He shall be subject to the orders and directions of the superintendent of elections under the rules and regulations of the said board, and his office shall be located at the police headquarters in the borough in which he is appointed to serve. Id.; election expenses n ebarge against tbe city. Sec. 367. The legal compensation of all in- spectors of election, poll clerks and ballot clerks, the expenses of registration and re- vision of registration required by law, and of the compilation and publication of the registry of electors, of all necessary notices, : posters, maps, advertisements, registers, books, blanks and stationery, rent and cost of fitting up, warming, lighting, cleaning and s^fe keeping of all places of registration, re- vision of registration 'and polling places, and of all supplies of every kind and nature for and all other necessary expenses of all elec- tions in the city of New Yprk, as constituted by this act, or any territory included therein shall be a charge against the city of New York and shall, upon proper certificates and vouchers, be paid in the same manner as by law is provided for the payment of the other expenses of and charges against the said city. And the sums necessary for the purposes and payment specified in this section shall, by the board of estimate and apportionment and the municipal assembly, he included in the an- nual budget each year, and such sums shall also be included in the yearly tax levy upon the estates, real and personal, in the city of New York. Id.; existing records and property transferred to custody of. Sec. 368. All books, documents, papers, rec- ords and election appliances or appurtenances held or used by or under the control of the board of elections of the city of Brooklyn, or the board of police commissioners of the city of Neiw York, or the bureau of elections in said city, or other officers having cogni- zance of the conduct of elections in the city of New York as constituted by this act shall be transferred to the care, custody and con- trol of the general bureau of elections created by this chapter, but shall be in such oare, custody and control, subject to the orders of the police board. Id.; superintendent to destroy registers of electors, etc. Sec. 369. The superintendent of the general bureau of elections under the direction of the police hoard in the city of New York is here- by authorized and directed not less than two. 'years after each election, to sell or destroy all registers of electors, statements of canvass and tally sheets; provided that two copies of the register of electors for each election dis- trict, to be selected by the superintendent of the general bureau of elections, shall be ex« THE CHARTER OF THE CITY OF NEW YORK. 41 cepted and preserved from such sale or de- struction. Id.; applicatiou of preceding section. Sec. 370. The provisions of section 367 of this act shall apply to and include the ma- terial and records of former elections which may at any time be in the custody of said general bureau of elections or branches there- of, but shall not at any time apply to nor in- clude any material or records of any election as to which any proceeding may at any time be pending in any court, and such material or ' records shall remain on file and be pre- served. Disposition of proceeds of sal ?s. Sec. 371. All moneys realized by sales under this chapter shall be paid over to the cham- berlain of the city of New York to the credit of the general fund of said city. Sec. 372. Designation of station houses for confinement of women — Tne police board shall designate one or more station houses for the detention and confinement of women under arrest in the city of New York. Such board may at any time designate for such purpose any additional station house or houses, or may Revoke the designation of any station house or houses theretofore designated, pro- vided that at least one such station house shall at all time be so designated for such purpose in such city. In every station house to which police matrons are appointed toilet accommodations shall be provided for such matrons, which acommodations shall be wholly separate and apart from the toilet ac- commodations provided for prisoners, or for the other officers attached to such station house. Sec. 373. Appointment of police matrons — The police board shall appoint for each sta- tion house designated in the last section, not more than two respectable women, who shall be known as police matrons, in the same manner and under restrictions governing the appointment of patrolmen so far as the same may be applicable, except that any rule or regulation as to the age of a person appointed patrolman shall not apply to matrons appoint- ed under this act. No women shall be ap- pointed a police matron unles3 suitable 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 prox- imity to a police court. In case there is no police court in close proximity to a station house in said city, then police matrons may be appointed to any station house therein. Sec. 374. Police matrons to be members of uniformed force — 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 as patrol- men. 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 become a member of the uniform- ed police force shall, under any pretence whatever, share in for her own benefit, any present, fee, gift or emolument for police services, or for services of the police depart- ment or any member thereof, additional to her regular salary; and It shall be cause for removal from the police force for any matrons thereof to receive any such reward or present or to receive compensation for any privilege whatsoever which she may grant to the wo- men prisoners under her charge. Sec.. 375. Terms of office, removal, salary — Police matrons shall, upon appointment, hold office until removal, and they may be re- moved at any time, by the authority appoint- ing them, under the regulations prescribed for the removal of patrolmen. Immediately upon the death, resignation or removal of a police matron, her successor shall be appoint- ed 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. Sec. 376. 'Duties of police matrons — When only one police matron is attached to a police station, she shall reside there, or within a reasonable distance therefrom, and shall hold herself in readiness to respond to any call therefrom at any hour, day or night, and eacb matron shall, during such hours as may be fixed by the police board, remain in such station and hold herself in readiness to re- spond to any call therefrom. 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 constantly thereat ready for service; or, if tfiere be more than one matron attached to such station, then one of them shall be con- stantly 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 the station to which sEie is attached, and she may at any time call upon tfie officer in command of such station for assistance. She shall be subject to the authority of the police board and to the rules and regulations prescribed by such authority; but at the station where she may be appointed on duty she shall be subject only to the authority of tfie officer in command thereof. [Added by Chapter 674, Laws of 1899.] Sec. 377. Police board to provide accommo- dations for women — It shall be the duty of the police board to provide sufficient accom- modations for women held under arrest to keep them separate and apart from 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 witb the consent of the matron or of- ficer in command of said station house. No officer, other than the matron, shall be admit- ted to the corridor or cells of the women prisoners without the consent of the officer in command of said station house. [Added by Chapter 674, Laws of 1899.] Sec. 378. Proceedings where woman is ar- rested — Whenever a woman is arrested and taken to a police station, to whicEi a matron is attached, it shall be the duty of the officer in command of the station to cause such matron to be summoned forthwith, and when- ever a female is arrested in any precinct to which no matron is attached she shall be taken directly to the station house designat- ed 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 sec- tions iSiTee hundred and seventy-two to three hundred and eighty inclusive, shall not in- clude any female either actually or apparent- ly under the age of sixteen years whose care is assumed by any society , referred to in sec- tion 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 therefrom by the officer in charge, to the custody of such society, [Added by Chapter 674, Laws of 1899.] Sec. 379. Appropriation for salary and main* tenance — The board of estimate and appor- tionment and the municipal assembly shall appropriate annually such sum as may ba necessary for the separate care and con- finement in station houses of all women arrested in such city, and for the appoint- ment, salary and maintenance of police ma- trons. [Added by Chapter 674, Laws of 1899.] Sec. 380. Matrons to contribute to pension fund and share therein — Every police matron upon being appointed to the uniformed force, shall, each year thereafter, and under the regulations 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 po- lice matrons of the uniformed force, or emolu- ments received by them under the regulations prescribed for patrolmen, 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 ia 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 physi- cally or mentally, so as to be unfit for duty, shall, by order of the police board, be relieved and dismissed from said force and service and placed on the roll of the pension fund, and awarded and granted to be paid from said fund an annual pension during her life time of a sum not less than one-half of the full salary or compensation of such matron so re- tired. Pensions granted under this sectioa shall be for the natural life of the pensioner and shall not be revoked or diminished. The police board shall have power in its discre- tion, to retire or dismiss from membership in the police force and thereupon grant a pen- sion to, any police matron who shall after tea years and less than twenty-five years’ mem- bership in any such police force become phys- ically or mentally incapacitated for further service in the department through injuries received during the performance of her du- ties. [Added by Chapter 674, Laws of 1899.] Sec. 381. Certain act not applicable — Chap- ter four hundred and twenty of the laws of eighteen hundred and eighty-eight, entitled “An act to provide for police matrons in cities,” as amended by chapter ninety of the laws of eighteen hundred and ninety-two, shall not be applicable to the city of New York. [Added by Chapter 674, Laws of 1899.J CHAPTER IX. BOROUGH OFFICERS, LOCAL, BOARDS AND LOCAL IMPROVEMENTS. Title 1. Borough officers. 2. Local boards. 3. Local improvements. TITLE 1. BOROUGH OFFICERS. President; qualifications, term, elec- tion, salary. Section 382. There shall be a president of each borough, who must be a resident there- of at the time of his election and remain a resident thereof throughout his term of office. The president and his successors shall be elected by the electors of the borough 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 year,s, commencing at noon on th* first day of January next after hisi electioQ* 42 THE CHARTER OF THE CITY OF NEW YORK. The salary of the presidents of the boroughs of Manhattan, of the Bronx and of Brooklyn, respectively, shall be five thousand dollars a year, and the salary of the presidents of the boroughs ol Queens and of Richmond, re- spectively, shall be three thousand dollars a year.’ A president of a borough may be re- moved by the mayor on charges, subject to the approval of the governor of the state of New York. Any vacancy in the office of president caused by removal from the borough, or otherwise, shall be filled for the unexpired terra by an election to such vacancy made by a majority vo^e of all the members of the municipal assembly then in office representing said borough, 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. In case of the disability of any president of the borough caused by protracted Illness there shall be elected in the same manner as for a vacancy a president of the borough pro tempore, who shall aot until the president is able to perform the duties of his office. I’resiilent; i)Owers nml duties. Sec. 383. A president of a borough sha^l, by virtue of his office, be a member of the local board of every district of local Improvements in his borough, and chairman thereof, en- titled to preside at its meetings and to vote as any other member, but he shall not have the power of veto. He shall have an office in such hall or public building of the borough as the municipal assembly may by resolution direct. He shall have power to appoint a secretary and other assistants and clerks, if provision be made therefor by the board of estimate and apportionment and the munici- pal assembly and within the proper appro- priation, to fix thoir salaries. The said secre- tary, assistants and clerks shall hold office at the pleasure of the president. Pre.sideut to call mcetiiiS'S of local board. Sec. 384. A president of the borough shall call all meetings of the various local boards of the borough, and shall give such notice thereof to the members as the ordinances of the municipal assembly may require. And he shall certify all resolutions, proceedings and determinations of the local boards of the dis- tricts of local improvements in his borough. Halls or buildings to be locate«l in eacb borongli. Sec. 385. There may be when prescribed by this act a hall or public building or buildings in each borough, at which may be stationed deputies of such of the various administra- tive departments of the city government, as may be authorized by the board of public Improvements,' for the greater convenience of the people of the city in the discharge of the duties thereof, provided such deputies or di- visions shall be in all things as much a part of each department respectively, and as fully under the head thereof, as if the administra- tive force of said department v/cre seated wholly in one building. TITLE 2. LOCAL BO-\UDS. DlJ^fricfs of local Iraproveracnt s. Sec. 390. For the purposes of local improve- ments the territory of the city of New York Is hereby divided into certain districts of lo- cal improvements. The districts so consti- tuted shall be named or numbered or oth- erwise distinguished by the municipal assem- bly. As first constituted by this act there shall be twenty-two districts of local improve- jjTonta which shall together comprise all of the territory by this act consolidated into the city of New York. The territory in each of the sen- atorial districts of the state of New York situat- ed in yhole or in part within the limits of the city of New York, as constituted by this act, as such districts are divided by the consti- tution of the state of New York in force January 1, 1895, and to the extent that they are within the limits of said city, and as therein ' bounded and described, shall consti- tute a separate district of local improvements, that shall be bounded and described in the same terms as is the same territory when contained in a senatorial district, as aforesaid. The municipal assembly shall, whenever nec- essary, supplement and complete the descrip- tion of the boundaries of any district. Tlie local Ijoartl now constifntert, juris- tlief ion. Sec. 391. There shall be in each and every district of local improvements a board of local improvements to be known and described as “the local board,” to be Intrusted with the powers by this act prescribed. The jurisdic- tion of each local board shall be confined to the district for which it is, constituted and to those subjects or matters the costs and ex- penses whereof are in whole or in part a charge upon the peopie or property of the district or a part thereof, except so far as by this act jurisdiction may otherwise be given over matters of local administration within such district. Each local board shall consist of the president of the borough where- in the district is situated, by virtue of his office, and of each member of the municipal assembly, who is a resident of such local im- provement district, by virtue of his office and during his term, as such member. Removal from the district shall vacate their offices as members of the said local board. The mem- bers of a local board shall serve as such mem- bers without compensation. If any proposed local improvement specified in section 393 of this aot shall embrace the territory or affect the property of more than one district of local improvements, the members of the local boards of all the districts so affected shall, tor all proceedings in the matter of such im- provement, constitute the local board for the purposes thereof, and its proceedings shall in all respects conform to the provisions of this act that regulate the proceedings of any other locai board. III.; procedure. Sec. 392. The action of a local board shall be by resolution, subject to the procedure gov- erning resolutions passed by the municipal assembly, and conformably thereto, save that they need not be submitted to the mayor of the city of New York for his approval. Id.; powers. Sec. 393. A local board, subject to the re- strictions provided by this act, shall have power in all cases where the cost of the im- provement is to be met in whole or in part hy assessments upon the property beneiited, to recommend that proceedings be initiated to open, close, extend, widen, grade, pave, re- grade, repave and r>pair the streets, avenues and public places, and to construct lateral sewers within the district; to flag or reflag, curb or r->curb the sidewalks, and to relay crosswalks on such streets and avenues; to set or to reset street lamps; and to provide signs designating the names of the streets. A local board shall have power to hear com- plaints of nuisances in streets or avenues, or against disorderly houses, drinking saloons conducted without observance of the licenses therefor, gambling houses or any other places or congregations violative of good order or of the laws of this state, or other matters or things concerning the peace, comfort, order and good government respecting any neigh- borhood within the district, or concerning the condition of the poor within the district, and to pass such resolutions concerning the same as may not be inconsistent with the powers of the municpal assembly or of the respective administrative departments of the city of New York, and to aid such municipal assem- bly and departments in the discharge of their duties respecting the good government of the said district. III.; meeling;-; secretary; tiuorum. Sec. 394. Meetings of each local board shall be held at the main hall or public building of the borough. It shall be the duty of the president to call such meetings whenever in his opinion the public business shall require, or whenever he shall receive the written re- quest 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 compen- sation. He shall keep a record of all resolu- tions, proceedings and determinations 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 aot, or by the mii^icipal assembly, or by the president of the borough, or by a local board. The president of a local board and one other member thereof shall constitute a quorum for the transaction of business at any meeting duly called. TITLE 3. LOCAL IMPROVEMENTS. Presiileiit; iluty on receipt of petition. Sec. 400. When a peitition for a local im- provement within the jurisdictiop of a local board has been received by the president of the borough, it shall be his duty to appoint a time for a meeting of the proper locai board, not more than fifteen days thereafter, at which meeting such petition will by him be submit- ted to the said local board and he shall there- upon cause a notice to be published in the City Record, that such petition has been pre- sented to him and is on file in his office for inspection, and of the time when and of thi/ place where there will be a meeting of the local board at which such petition will be sub- mitted by him, to said board, which time shall not be less than ten days after the publication of the notice. ; . , . ; j Local board, proceedings after petition Sec. 401. The local board, after the submis- sion of such petition and consideration of the same, may then, as the petition shall ask, rec- ommend that proceedings be initiated 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 con- struct lateral sewers within its district, and generally for such other improvements in and about such streets within its district as the public wants and convenience of the district shall require. Id.; to fraiisinit resolatlon; farther l>i'ocedure; expenses to be a lieu. Sec. 402. If the local board shall by reso- lution decide to recommend that proceedings be initiated for a local improvement within its jurisdiction, it shall thereupon, forthwith, transmit a copy of such resolution to the board of public improvements. Said board shall promptly consider such resolution, and if, in its opinion, the work proposed ought to be proceeded with, it shall take such steps in regard thereto as are in this act provid- ed in the cases, where public works are pro- posed and initiated by said board of public improvements. The expense of all such im- provements shall be assessed and be a lien on the property benefited thereby in DroDor« » THE CHARTER OF THE CITY OF NEW YORK. 43 tion to the amount of said benefit, and in no case shall extend beyond the limits of said district. Local boards, power to flag sidewplks, etc. Sec. 403. A local board shall have the power to cause the fiagging or refiagging of side- walks, laying or relaying of crosswalks, fenc- ing vacant lots, digging down lots or filling in sunken lots within its district, by resolu- tion approved by the board of public improve- ments. When ^such public work or improve- ment shall have been duly authorized, the board of public improvements shall direct the proper department to proceed forthwith in the execution thereof, as in cases where public works are proposed and initiated by said board of public improvements. Constrnction of tbis title. Sec. 404. Nothing in this title contained shall be construed to in any way limit the power of the board of pubiic improvements or of the municipal assembly, or of the board of public improvements and the municipal as- sembly conjointly, in authorizing any public improvement, nor shall anything herein con- tained be construed to authorize any local board to incur any expenditures other than as authorized by the board of estimate and ap- portionment. CHAPTER X. THE BOARD OF PUBLIC IMPROVE- MENTS. Title 1. Beard of public improvements. 2. Map or plan of the city of New York; map of sewer system and sewer dis- tricts. 3. General provisions relating to de- partments. 4. Department of water supply. 5. Department of highways. 6. Department of street cleaning. 7. Department of sewers. 8. Department of pubiic buildings, lighting and supplies. 9. Department of bridges. TITLE 1. BOARD OP PUBLIC IMPROVEMENTS. Board of public improvements; how constitnled. Sec. 410. There shall be in the city of Ner.' York a beard of public improvements, to con- sist of the president of said beard, the mayor, the co-rpora\‘ion counsel, the controller, the' commissioner of water supply, the commlsioner of highways, the commis- sioner of street cleaning, the commissioner of sewers, the commissioner of public buildings, lighting and supplies, the commissioner of bridges and the presidents of ^the several bor- cug&s, by virtue of their respective offices. TUe mayor, the corpo'ration counsel, the con- troller, and the presidents of the several bor- ov.ghs shall not be counted as members of the beard for the purpose of ascertaining if a quo- rum be present. No president of a borough shall have a vote in said board except upon matters relating exclusively to the borough of which he is president. Id.; president; salary; powers. Sec. 411. The president of the board of pub- lic Improvements shall be appointed by the mayor and hold his office, as provided in chap- ter IV of this act. His salary shall be $8,000 a year. He shall be a metnber of the board of revision of assessments. The said president shall have power to des- ignate one of the members of said beard as vice president. The president, or in his absence, the vice president, shall preside at all meetings of said board, shall certify all proceeding.® ^hereof. except as otherwise provided, and shall cause all reports required by said board to be made from the departments without delay. The president shall have power, in all cases of difference in the said board con- cerning the disposition of any pubiic work, to assign such work to one or more of the de- partments for execution; and in case there shall arise any disagreement between the dif- ferent departments ’represented on said board, other than the department of finance and the law department, or between contractors re- spectively undertaking work pursuant to con- tracts let by the different departments, the president shall decide such matter and his decision shall be final until and Unless such decision shall be reversed by the board of public improvements. In case of the in- ability of the president to decide any of such matters by reason of sickness, or absence from the city, for a period not less than three days, the mayor shall have power to decide the same. The president shall have the power to vote, but his approval shall not be necessary for the validity of any resolution of the said board. Id.; secretary; office; meetings; Quo- rum, etc. Sec. 412. The president of said board shall have power to appoint and remove a secretary of the board, and such other clerks as may be necessary. The secretary shall attend its meet- ings, keep and preserve a record of its pro- ceedings, and perform such other clerical du- ties as the board or the president may from time to time direct. The salary of the sec- retary and of all clerks within the proper appropriation, shall be fixed and regulated by the said board. The municipal assembly shall make provi- sion for an office and a meeting room, in the borough of Manhattan, for said board of public improvements. The said board shall meet, once a week at least, for the considera- tion of public business, and the president of the board may call meetings of the said board v/henever he may deem it necessary. A ma- jority of the members of the board who, as heretofore provided, are to be counted for the purpose of ascertaining if a quorum be pres- ent, shall form a quorum for the transaction of business, but final action shall not be had in any matter specially concerning the department of any commissioner not in attend- ance, unless such matter has theretofore been made a special order of the day. The saiid board shall from time to time furnish to the municipal assembly such Information and data as may be required of it, or as it may deem proper or necessary to impart, and shall make an annual report to the mayor. Autliorizing public improvements. Sec. 413. Except as herein otherwise pro- vided, any public work or improvement with- in the cognizanfic and control of any one or more of the departments of the commission- ers who constitute the board of public im- provements, that may be the subject of a con- tract. must first be duly authorized and ap- proved by a resolution of the board of public improvements and an ordinance or resolution of the municipal assembly. But no public work or improvement, involving an assess- ment for benefit shall be so authorized until there has been presented to the board of public Improvements an estimate in writ- ing, in such detail as the board may direct, of the cost of the proposed work or improve- ment, and a statement of the assessed value, according to the last preceding tax roll, of the real estate included within the probable area of assessment. Any ordinance or resolu- tion of the municipal assembly approving any public work or improvement shall be subject to the power of the mayor over resolutions or ordinances of the municipal assembly, which ordinance or resolution, together with a statement of the final disposition thereof, duly certified by the city clerk, shall be transmitted to the board of public improve- ments. When a public werk or improvement shall have been duly authorized, as afore- said, then, but not until then, it shall be law- ful for the proper department to proceed in the execution thereof, in accordance with tha provisions and subject to the Timitations of this act. Nothing herein contained shall be construed as conferring on the board of pub- lic improvemeints any of the exclusive powers vested by law in any of the said commission- ers in his department concerning the details of any work or improvement. 3Snnicli»al assembly; restrictions on IsoTiers of. ■Sec. 414. It shall not be lawful for the municipal assembly to enter directly into contract for any pubftc work or improvement whatsoever. When proposals to enter upon public work of any character falling within the jurisdic- tion of the various departments represented in the board of public improvements originate in the municipal assembly, before an ordin- ance or resolution authorizing the same or providing money therefor shall be adopted, a report must be had from the board of pub- lic improvements as to the desirability there- of. Said board shall report in as much de- tail as possible, and shall submit an approxi- mate, and, whenever practicable, a detailed estimate of cost. If the report of the beard of public improvements be favorable to the project, an ordinance or resolution author- izing the same may be passed in the usual manner; but, if the report of the board of public improvements be unfavorable, an or- dinance or resolution authorizing the project shall be passed only by a vote of five-sixths of both houses of the municipal assembly and be approved by the mayor. Boarrt of public improvements; power witli respect to certain subjects. 2' ‘ 'f’-'V' -cv ( Section 415. The board of pilblic improve- ments shall have power over the following subjects: (1) The adoption of a map or plan for any part of the city of New York for which no final map or plan has been adopted. (2) Acquiring title for the use of the pub- lic to land required for parks, streets, ap- proaches to 'bridges and tunnels, sites or lands above or under water for bridges or tunnels. (3) Acquiring title for the use of the pub- lic to lands, or easemdnts therein, required for sewers, as provided in title 7 of this chapter. (4) The approval of plans for the sewer- age and drainage of the city cf New- York, devieed and prepared by the president of said board and the commissioner of sewers. (5) The construction, repairing and cleans- ing of sewers and underground drains. (6) Repairs and renewal of pavements and readjusting the grade of streets in con- nection therewith. (7) Water rents, superintendence of wa- ter supply pf private water companies, con- tractis for water supply with private com- panies or other municipalities. (8) Any public work for which the money has been provided either in the tax levy or by the issue of bonds. But in the ordinance authorizing the issue of bonds for the re- paving of streets, the municipal assembly may designate the borough or boroughs 44 THE CHARTER OP THE CITY OP NEW YORK. which the money obtained from the sale of Buch bonds shall be expended. Itl.; to i>rei>are or4liiuiiioe.s, etc. Sec. 416. It shall be th-e duty of the board of public improvements to prepare and to recommend to the municipal assembly all or- dinances and resolutions regulating the fol- lowing matters: (1) The laying of w'ater pipes and the maliing of all attachments thereto, and also the extending, constructing and repairing of the water works. (2) The regulating, grading, curbing, gut- tering, flagging and paving of streets, the laying of crosswalks, the constructing, re- constructing and repairing of streets and the making of all excavations thereiin for public purposes, and also prescribing the width of sidewalks, and regulating the m^an- ner of constructing and laying the same. (3) Encroachments upon and obstructions In the city streets, and authorizing and re- quiring their removal. (4) The use of the streets and sidewalks for signs, sign posts, awnings, awn- ing posts, horse troughs, urinals, tele- graph posts and other purposes (5) The exhibition of advertisements or hand bills along the streets. (6) The construction, repair and use of vaults, cisterns, areas, hydrants and pumps. (7) The construction and repair of public markets. (8) The preservation and protection of all or any of the works connected with the sup- plying of the city of New York with pure and vdiolesome water. (9) The cleaning and sprinkling of streets, and the using of streets and sidewalks in building operations and for all other tempor- ary or business purposes. (10) The laying of gas pipes and electric wires underground, steam pipes, pneumatic tubes and the like, and the lighting of all public thoroughfares, places, bridges and buildings, the inspecting and testing of gas or electricity employed for light, heating and power, gas meters, electric taeters, electric wires, the use and trans- mission of electricity for all purposes in, upon, across, over and under all streets and public buildings, and the opening of street surfaces for the business of manu- facturing, using and selling electricity, gas, steam, or for the service of pneu- matic tubes. (11) The erecting, extending and repair- ing of public buildings, other than school houses, almshouses, penitentiaries and the police and fire station houses. (12) The rates of fare on the rail- road of the New York and Brooklyn bridge, and upon the roadways thereof, and upon any other bridge or bridges and the road- ways thereof, where a fare is, or may be authorized by law, and for the safety of travel upon any and all of the bridges with- in the territory of the city and not includ- ed within any of the public parks thereof. (13) The making of all contracts for public work or supplies, and agree- ments in relation thereto by which the city shall be liable to pay money; and BUch ordinances among other matters must provide, that the award, if any, must be made to the lowest bidder, unless the board of public improvements, by the vote of a majority of its members, of whom the mayor and the contro-ller shall be two, shall determine that it is for the public Interest that a bid other than the lowest tfiould be accepted, and that no. contract shall be made until the controller certifies thereon that the necessary funds are pro- vided and applicable thereto. Public improveineiit; further pro- cedure. Sec. 417. All proposed city ordinances regu- lating the public work specified in section 41f of this act must from time to time be adopted or prepared by said board of public improve- ments, and when approved by said board, such proposed ordinances duly certified shall be submitted to the municipal assembly. And the municipal assembly shall, without power of amendment, take such ordi- nance or ordinances intO' consideration, and shall either enact or reject the same, and if rejected, it or they shail be returned to the board of public improvements for further consideration. So far as may be possible in the first instance, and so far as the public business may permit, the ordinances regulat- ing the matters provided for in section 416 of this act shall be submitted to the munici- pal assembly so as to afford an entire rule of municipal action upon each of the differ- ent subjects in said section described and specified. Board of public improvemeuts ; power to prescribe rules, etc. Sec. 418. The board of public improve- ments may prescribe rules, regulations or plans for the regulating, grading, paving, curbing and guttering of streets, avenues, roads and public places other than parks, and for the laying of crosswalks and sidewalks throughout the city. Contracts for work or supplies. Sec. 419. All contracts to be made or let for work to be done or supplies to be fur- nished, except as in this act otherwise pro- vided, and ail sales of personal property in the custody of the several departments or bureaus, shall be made by the appropriate heads of departments under such regulations as shall be established by ordinance or resolution of the municipal assembly. When- ever any work is necessary to be done to complete or perfect a particular job, or any supply is needful for any particular pur- pose, 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 sup- ply shall, together. Involve the expenditure of more than one thousand dollars, the same shall be by contract, under such regulations concerning it as shall be established by ordinance or resolution of the municipal as- sembly, excepting .such works now in progress as are authorized by law or ordinance to be dome otherwise than by contract, and, unless otherwise ordered, by a vote of three-fourths of the members elected to the municipal as- sembly; and all contracts shall be entered into by the appropriate heads of departments, and shall, except as herein otherwise pro- vided, be founded on sealed bids or propos- als, made in compliance with public notice, duly advertised in the City Record, and the corporation newspapers, said notice to be pub- lished at least ten days; if the head of a de- partment shall not deem it for the interests of the city to reject all bids, he shall, without the consent or approval of any other depart- ment or officer of the city government, award the contract to the lowest bidder, unless the board of public improvements, by the vote of a majority of its members, of whom the mayor and the controller shall be two, shall deter- mine that it is for the public interest that a bid other than the lowest should be accepted; the terms of such contract shall bo settled by the corporation counsel as an act of prelimi- nary specifications to the bid or proposal. The bidder whose bid is accepted shall give secur- ity for the faithful performance of his con- tract in the manner prescribed and required by ordinance; and the adequacy and sufficiency of this security shall, in addition to the justi- fication and acknowledgment, be approved by the controller. All bids or proposals shall be publicly opened by the officer or officers adver- tising for the same and in the presence of the controller, but the opening of the bids shall not be postponed if the controller shall, after due notice, fail to attend. If the lowest bidder shall neglect or refuse to accept the contract within five days after written notice that the same has been awarded to his bid or proposal, or if he accepts but does not execute the con- tract and give the proper security, it shali be readvertised and relet as above provided. In case any work shail be abandoned by a.ny con- tractor, it shall be readvertised and relet by the head of the appropriate department in the manner in this section provided. No bid shall be accepted from, or contract awarded to, any person who is in arrears to the city of New York upon debt or contract, or who is a de- faulter, as surety or otherwise, upon any ob- ligation to the city. Every contract, when made and entered into, as before provided for, shall be executed in duplicate, and shall be filed in the department of finance, together with a copy of the resolution or ordinance of the municipal assembly or of the resolution of the board of public improvements or copies of both, as the case may be, authorizing said work; such copies shall be so filed within five days after the contract shall have been duly executed by the contractor; a receipt for each payment, made on account of or in satisfaction of the same, shall be indorsed on the said contract by the party receiving the warrant, which warrant shall be only given to the per- son interested in such contract, or his author- ized representative. No^ expenditure for work or supplies involving an amount for which no contract is required shall be made, except the necessity therefor be certified to by the head of the appropriate department, and the ex- penditure has been duly authorized and ap- propriated. Proi»osal.s to l»e advertised; deposit to accompany bid. Sec. 420. Whenever proposals for furnish- ing supplies or doing work are invited by ad- vertisement by any department or officer, such department or officer is authorized and di- rected to require, as a condition precedent to the receptiO'n 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 controller, or of money; such checks or money 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 performance of the work proposed to be done or supplies to be furnished. Within three days after the decision as to whom the contract is to be awarded, the controller shall return all the deposits made to the persons making the same, except the deposit made by the bidder whose bid has been ac- cepted; and if the said bidder whose bid has been accepted shall refuse or neglect, within five days after due notice that the contract has been awarded, to execute the same, the amount of deposit made hy him shall be forfeited to and retained by the said city as liquidated damages for such neglect or refusal, and shall be paid into the sinking fund of the city, but if the said bidder shall execute the con- tract within the time aforesaid the amount of his deposit shall be returned to him. Cei-tiflcate of completion to be filed. Sec. 421. It shall be the duty of each of the commissioners mentioned in section 410, of THE CHARTER OP THE CITY OF NEW YORK. 45 this act, having in charge any work, within five days after the acceptance of such work, to file with the controller a final certificate of the completion and acceptance thereof, signed by the chief engineer or head of his department. The filing of such certificate shall be presumptive evidence that such work has been completed according to contract. It shall also be the duty of such commis- sioner, in the case of work to be paid for in whole or in part by assessment for benefit, when such work shall have been com- pleted and accepted, and all the expenses thereof which may be legally assessed shall have been ascertained, to execute a certificate of the total amount of all the cost and ex- penses which shall have been actually in- curred by the city of New York on account of such work and forward the same to the board of assessors in accordance with section 946 of this act. Accompanying said certificate shall be a copy of the resolution or ordinance of the municipal assembly, or of the resolution of the board of public improvements, or copies of both, as the case may be, authorizing such work to be done, and also a copy of any resolution or ordinance, if any such has been passed, deter- mining that any proportion of the cost and expense of such work shall be borne by the city of New York. The board of assessors shall, upon receiving such certificate, assess upon the property benefited, in the manner authorized by law, the amount of the certifi- cate, or such proportions thereof as is author- ized by law. The proceedings relative to levy- ing, confirming and collecting any such assess- ments shall be in accordance with the pro- visions of chapter XVII of this act. Power to assess for local improve- ments. Sec. 422. In all cases where the board of public improvements or the municipal as- sembly or the board of public improvements and the municipal assembly together, with or without the concurrence or approval of any other board or officer, are authorized to de- termine that a local improvement is to be made, the said board or the said municipal assembly, or both, as the case may be, shall determine whether any, and If any, what pro- portion, of the cost and expense thereof shall be borne and paid by the city of New York, and the remainder of such cost and expense shall be assessed upon the property deemed to be benefited thereby; and the assessment shall be laid out and confirmed and collected In accordance with the provisions of chapter seventeen of this act. The words “local im- provement” as used in this section shall be construed to mean any work the payment of which was, prior to the passage of this act, provided for, by the laws in force in the territory of the corporation formerly known as the mayor, aldermen and commonalty of the city of New York, in whole or in part, by as- sessment upon the property deemed to be benefited thereby or the owners thereof, other than assessments which are confirmed by a •courts of record. [Thus amended by Chap- ter 212, Laws of 1899.] Controller to pay contractors. Sec. 423. When a contract for a public im- provement shall have been entered into and a certified copy thereof shall have been filed with the controller, in conformity with sec- tion 419 of this act, said controller is hereby authorized and directed to pay to the contract- or or his assigns, from time to time as the work progresses, 70 per centum of the esti- mated value of the work actually done under said contract, until the same shall have been completed. The estimate of the value of any such work shall Be signed by the sur- veyor and also by the chief engineer of the department having the matter in charge, and upon the final completion, of any contract, and the filing of the final certificate of comple- tion, the controller shall, within thirty days thereafter, or within thirty days after the ex- piration of the time within which, according to the terms of the contract, the city has to ac- cept such work, pay to the contractor or his assigns, the balance of the amount due under said contract; provided, however, that the municipal assembly, upon the recommen- dation of the board of public improvements, may authorize contracts for asphalt or other pavements to be made, with a guaranty upon the part ot the contractor for one or more years, with a provision for the retention of a percentage of the amount to be paid, which shall be paid within thirty days after the expiration of the guarant}', upon the filing of a certificate signed by the chief engineer of the department having the matter in charge that the terms of the contract have been com- plied with. The payments to be made by the controller pursuant to this section shall be made out of the “street improvement fund,” if the cost and expense of said work are to be assessed in whole or in part upon property deemed to be benefited thereby. The amounts collected from any and all assess- ments for local improvements paid out of such fund, together with all defaults and interest on the same, are to be paid into said fund. It shall be the duty of, and lawful tor the controller, when thereto authorized by the board of estimate and apportionment, to cre- ate and issue such additional amounts of the corporate stock of the city of New York as shall be necessary to provide for the cost and expense of such work, or such part there- of as is to be borne and paid by the city of New York; and the proceeds of the sale of such stock shall be paid into the street im- provement fund. Manicipal assembllj'; fnrtliei* reistric- tious. Sec 424. It shall not be lawful for the muni- cipal assembly to release any contractor with the city or with any of the departments, boards, bureaus or officers thereof, from any fine or penalty incurred under his contract, save upon the unanimous recommendation of the board of public improvements. And it shall not be lawful for the municipal assem- bly to extend the time for the performance of any such contract save upon the unani- mous recommendation of the board of public improvements. Board of pablic improvements; further powers. Sec. 425. The board of public improvements Is authorized and empowered, in its discre- tion on the application, in writ- ing, of the head of the fire depart- ment, to grant the said department loca- tion for apparatus houses in said department on any of the public property, streets or slips under the control and care of one or more of the commissioners who constitute said board; provided that the said houses are so located and constructed as in the judgment of the said board will not dis- figure or mar the appearance of the public property, streets or slips, nor interfere with the purpose of travel or public recreation, and which if placed upon any street, avenue or slip shall not reduce the width of the same between the curbs for the purpose of travel at the place of such location to less than thirty feet on each side of said building. Board of public improvements; gener- al ijowers. Sec. 426. The said board of public im- provements shall exercise such powers and perform such duties with respect to the whole territory embraced within the city of New York, as constituted by this act, as were heretofore vested in the board of street open- ing and improvements of the corporation known as the mayor, aldermen and common- alty of the city of New York, with respect to the territory included within that municipal- ity, except so far as the same have been oth- erwise specifically and expressly conferred by this act. And the said board of pub- lic improvements shall exercise such other powers and perform such other duties as are vested in or cast upon it by any of the pro- visions of this act, or that may in accord- ance with the law be devolved upon it by the municipal assembly. TITLE 2. THE MAP OR PLAN OP THE CITY OP NEW YORK, ESTABLISHING OP GRADES, CHANGES THEREIN, MAP OF SEWER SYSTEM AND SEWER DISTRICTS. Tlie map of the city of New A'ork. Sec. 432. The map or plan of the territory lying within the borough of Manhattan, as beretofoire laid out, adopted and established by the municipal authorities of the corporation, known as ttie mayor, aldenmen and common- alty of the city of New York, and the map or plan of that part of the territory lying within the borough of tLe Bronx, laid out by the commissioner of street improvements of the Twenty-third and Twenty-four:lh wards, pur- suant to chapter 545 of the laws of 1890, and the acts amendatO'ry thereof, as heretofore duly laid out, adopted and established by such, commissioner, with the concurrence and ap- proval of the board of street opening and im- provements, pursuant to law, and tbe map or plan of so much of the territory lying within the borough of Brooklyn, for whichapermanent map or plan has been adopted, as heretofore duly laid out, adopted and established by the proper municipal authorities, and the map or plan of so much of the territory lying within tho borough of Queens, fttr which a perma- nent cnap or plan has been adopted by the proper municipal authorities of Long Island City, as so laid out, adopted and established, showing the parks, streets, bridges and tun- nels and approaches to bridges and tunnels, as heretofore laid out, adopted and established, pursuant to law, and ithe maps and profiles in- cluded in or accompanying the same, showing the grades of such streets duly fixed, adopted and established, shall constitute the map or plan of the city of New York to the extent and so far as 'they cover the territory lying within the said city, and as such is hereby laid out, adopted, established and confirmed, is to be deemed final and conclusive with respect to the Iccaiion, 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 be completed. Sec. 433. It shall be the duty of the presi- dent of the board of public improvements, sub- ject to the limitationis hereinafter provided, to prepare a map of so much of the territory em- braced within the city of New York, as con- stituted by this act, of which a map or plan has not heretofore been finally established and adopted, as set forth in section 432 of this act loca'ting and laying out all parks, streets, bridges, tunnels and approaches to bridges and tunnels, and indicating the width and grades of all such streets so located and laid cut. Whenever and as often as the president of the board of public improvements shall have completed the map of a part of the territoij 46 THE CHARTER OF THE CITY OF NEW YORK. aforesaid, he shall report the same, together with the surveys, maps and profiles, showing the parks, streets, bridges, tunnels and ap- proaches to bridges and tunnels, located and laid out by him, and the grades thereof, to the board of public improvements, for Us concurrence and approval, subject, neverthe- less, to such corrections or modifications as In the judgment of the majority of said board may be advisable; and the said board there- after shall cause such map or plan, and such profiles, as finally adopted by it, to be certi- fied by the president and secretary of said board, and filed as follows: One copy thereof In the office in which conveyances of real es- tate are required to be recorded in the county In which the territory shown upon such map Is located; one copy thereof in the office of the corporation counsel, and one copy there- of in the office of the board of public im- provements. Such map and profiles, when so adopted and filed, shall become a part of the map or plan of the city of New York, and shall be deemed to be final and conclusive with respect to the location, width and grades of the streets shown thereon, and the same shall not be subject to any further change or modification except as provided in section 436 of this act; provided, however, that the board of public Improvements, within three months after the opening of a street, shall have the power to alter the grade of such street, and to alter the grades of intersecting streets, so far as it may be necessary to conform the same to the new grades of the street opened. President may be required to eomplete map. Sec. 434. The board of public improvements, or the municipal assembly, with the approval of the mayor, may at any time require the president of the board of public improve- ments to complete the map or plan of the whole or of a part of the territory for which the map or plan shall not at such time have been finally established and adopted, as spec- ified in sections 432 and 433 of this act, and to report the same to the board of public im- provements, within a fixed and specified time. Grades estnblislied by user. Sec. 435. Whenever any street in the city of New Y(^rk shall have been used as such for upwards of twenty years without having the grade thereof established by law, the level or surface of such street as so used shall be deemed to be and to have been the grade thereof. Authority to cbauge tbe map or plan o£ the city or to change grades. See. 436. The board of public improvements Us authorized and empo'wered, whenever and as often as it may deem it for the public in- terest so to do, to, to initiate a change in the map or plan of the city of New York, so as to lay out new streets, parks, bridges, tunnels and approaches to bridges and tunnels and parks, end to widen, straighten, extend, alter and close existing streets, and to change the grade of existing streets shown upon such map or plan, by publishing notice of its proposed ac- tion for ten days in the City Record and the corporation newspapers, and giving an op- portunity for all persons interested in such change to be heard, at a time and place to he specified in such notrce, such time to be not less than ten days after the first publi- cation of such notice. After the due publica- ti'on of such notice, and after hearing protests and objections, if any there be, against the proposed change, if the said board ^all favor such change, notwithstanding , such pro- tests and objections, it shall transmit Its resolution to that effect to the municipal as- sembly, together with the objecti'ons, if any, which have been made in wrlUng, and filed with it, and a statement of its reasons for such determination. If both houses of the municipal assembly concur in such resolution passed by the board of public improvements, by passing an ordi- nance adopting and approving the same by a two-thirds vote, and the same receives the approval of the mayor, such change in the map or plan of the city of New York, or In the grade of any street or streets shown thereon, shall be deemed to have been made. The board of public improvements is au- thorized and empowered without the concur- rence of the municipal assembly, hut with the approval of the mayor, to change the grades of bridges, tunnels and approaches to bridges and tunnels, and the location of ap- proaches to bridges and tunnels. Maps o£ city to lie kept in office of corporation eonnsel and office of lioard of pnblic improvements; maps sliovring cliangres -nliei’e liled. Sec. 437. The map or plan of the city of New York or a certified copy thereof, show- ing the streets and parks within the city of New York, as constituted by this act, shall be kept, one copy thereof in the office of the corporation counsel and one copy thereof in the office of the board of public improvements. Whenever the map or plan of the city of New York, as heretofore laid out. adopted, es- tablished 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 there- on shall be changed, the board of public im- provements 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 therecn, to be certified by the secretary of said board and filed as follows: one copy thereof in the office in which the conveyances of real estate are required to be recorded in the county in which the territory shown upon said copy is located; one copy thereof in the office of the corporation counsel, and one copy there- of in the ofilce of the hoard of public Im- provements. Drainage and sewer system to be com- l»leted. Sec. 438. It shall be the duty of the said president of the board of public improve- ments, together with the commissioner of sewers, and subject to the approval of the board of public improvements, to devise and prepare,, so far as the same has not already been done, a plan for the proper sewerage apd drainage of the whole of said city, for the purpose of thoroughly draining and carrying off water and other matter proper to be carried off by sewers. The said president and commis- sioners shall, so far as the same has not al- ready been done, and subject to the like ap- proval, lay out the said city into as many sew- erage districts as he may deem necessary for theaforesaid purpose, and shall also determine and show, on suitable maps or plans, the location, cost, size and grade of each sewer and drain proposed for each of said districts, and the proposed alterations and improve- ments in existing sewer^ and shall also de- termine and show, on said maps or plans, the contemplated depth of said sewers and drains below the present surface, and also below the established grades of the streets and avenues in each of said distriots, and such other particulars as may be necessary for the purpose of exhibiting a complete plan of the proposed sewerage therein. Drainage plan to be filed. Sec. 439. Upon the completion of the map or plan for the drainage of any sewerage district and its approval by the board of public im- provements, such map or plan shall be thb permanent plan for the sewerage of such dis- trict; subject, however, to such subsequent modifications as may, in the opinion of the commissioner of sewers and the board of public improvements, become necessary iu consequence of alterations made in the loca- tion or grade of any street or part thereof in said district, or for other reasons. Copies of such complete map or plan and of the maps showing modifications therein shall be certified by the president and secretary of the board of public improvements and shall be filed as follows: One copy thereof in the office In which conveyances of real estate are required to be recorded in the county in which the territory shown upon said map is located; one copy thereof in the office of the corporation counsel, and one copy thereof in the office of the board of public improvements. All sewers to be in accordance with general plan. Sec. 440. It shall not be lawful hereafter to construct any sewer or drain in the city un- less such sewer or drain shall be in accord- ance with the general plan, approved by the board of public improvements as aforesaid, for the sewerage of the particular district in which such sewer or drain is proposed to be constinicted. Raising of grade for drainage. Sec. 441. Whenever the commissioner of sewens shall report to the board of public Im- provements that it is necessary to raise the grade of any street or streets for the proper sewerage of the sewer district in which such street or streets, or parts of streets, are situated, the said board is hereby authorized and empowered to change the grade of such street or streets, or parts of streets, so far as shall be necessary for the proper drainage thereof. Power to mark boundaries and to make surveys. Sec. 442. The president of the board of public Improvements shall have power to mark any boundary line or lines of the municipal cor- poration constituted by this act and known as the city of New York, as said boundary line or lines is or are determined in and by this act, so as to distinguish and define the bound- aries of said city, the boundaries of the bor- oughs thereof, and any other boundary line or lines deteirmlned in and by this act, by such monuments as may be authorized by resolution of the board of public ' improve- ments. He shall upon the request of the board of public improvements, of the municipal assembly, of a local board of commissioners of estimate, or of commis- sioners of estimate and assessments, furnish surveys, diagrams or other information as may enable them to fully discharge the duties imposed upon them by this act relative to street and park improvements. It shall be lawful for the president of the hoard of public improvements, and all persons acting under his authority, to enter in the daytime into and upon any lands, tenements and heredita- ments and waters which he shall deem neces- sary to be surveyed, used or converted for the laying out, surveying and monumenting of parks, streets, bridges, tunnels and ap- proaches to. bridges and tunnels, in the city of New York, or for marking any boundary line or lines. President to appoint surveyor, ap- propriations to l)e made for maps, etc. Sec. 443. The president of the board of public improvements shall have power to ap- point a surveyor or engineer who shall have the custody of the maps filed in the office of the hoard of public improvements and to fix THE CHARTER OF THE CITY OF NEW YORK, 47 his salary within the proper appropriation. There shall be made in the final estimate each year such provisions or appropriations as may be necessary for the preparation and making of maps, plans and profiles, and for the setting of monuments, and the president of the board of public improvements shall be authorized, within the limits of ■ such pro- vision or appropriation, to employ such en- gineers, surveyors, clerks and assistants as may in his judgment be necessary for any part of such work. Board may detail employes to assist president. Sec. 444. The board of public improvements may, from time to time, and for so long a time as may be necessary, detail such em ployes from any department as they may deem necessary, to assist the president of the board of public improvements in carry- ing out the duties Imposed upon him by this act. TITLE 3. GENERAL PROVISIONS RELATING TO THE DEPARTMENTS OF WATER SUPPLY, HIGHWAYS, STREET CLEANING, SEWERS, PUBLIC BUILDINGS. LIGHTING AND SUPPLIES AND BRIDGES. Heads of departments. Sec. 450. Each of the commissioners here- inafter provided for in this chapter shall in all respects administer his department In conformity with the ordinances of the munici- pal assembly relating thereto, and each shall be vested with the sole executive power in his department, and be subject to the laws of the state and the ordinances of the city for the conduct and the work of his department. Branches; where located. Sec. 451. The main office of each of the de- partments hereinafter mentioned in this chap- ter shall be located in the borough of Man- hattan, unless the board of public improve- ments shall otherwise determine. Branch offices of all or any of said depart- mencs may be located within such other of the boroughs as may be deemed advisable by the commissioner of such department, subject, however, to the approval of the board of public Improvements; and it shall be the duty of the board of estimate and apportion ment and of the municipal assembly to make proper provision therefor. Depnties. ' Sec. 452. The commissioner at the head of each of said departments may appoint one or more deputy commissioners, one of whom ^all be located at the main oflfice of such de- partment, and there may be a deputy in each borough In which is located a branch office of such department, or the same deputy may have charge of more than one borough, as the commissioner appointing such deputy may deem advisable. A deputy commissioner located at a branch office shall, under the direction and control of the commissioner appointing him, have charge of the office work of his department in the borough or boroughs for which the of- fice was established and of the execution of all work devolved upon his department there- in. The commissioner at the head of each of said departments may designate one or more of said deputies, who shall, in addition to his other powers, possess every power and per- form all and every duty belonging to the of- fice of such commissioner, so far as speciflecl In such designation, whenever so empowered by such commissioner by written authority, designating therein a period of time, not ex- Mudlng beyond a period of three moabhe nor beyond the term of office of such commis- sioner, during which such power and duty may be exercised, and suoh designation and authority shall be duly filed in and remain of record in said department, but may be re- voked at any time. A deputy commissioner so designated shall possess the like authority In case of absence or disability of suoh com- missioner. Engineers. Sec. 453. The commissioner at the head of each of said departments, excepting the de- partment of street cleaning, shall appoint a chief engineer of his department, with power to appoint, remove, and detail 'a staff of as- sistant engineers. If the commissioner of any department and the board of public improve- ments deem it advisable that more than one chief engineer be appointed for such depart- ment, such commissioner shall appoint such additional chief engineer or chief engineers, each with power to appoint and remove, at pleasure, and detail a staff of assistant en- gineers. All chief engineers and assistant engineers appointed by them respectively, must be civil engineers of at least ten years’ ex- perience. An engineer located at a branch office of his department in any borough may be appointed a deputy commissioner for the borough or boroughs to which he Is assigned. An assistant engineer who has been appointed a deputy commissioner may be designated as the engineer for the borough in which he acts as deputy. Any engineer may be desig- nated by such title as shall properly describe his principal duties In the Judgment of the head of his department. CUief engineer’s dalles. Sec. 454. Each chief engineer shall perform such duties as may be required of him by this act by the commissioner at the head of his department or by his deputy In the bor- ough In which such engineer shall be located. Uonsulting- engineers. Sec. 455. The commissioner of water supply, the commissioner of highways, and the com- missioner of sewers, shall each appoint, with- out definite term, when thereto authorized by the board of public improvements, a con- sulting engineer to their respective depart- ments, who shall be an expert in all matters relating to the work performed by the de- partment in which he Is appointed and who shall have had at least fifteen years’ experi- ence as a civil engineer. The commissioner of public buildings, light- Dg and supplies shall appoint (each without definite term) when thereto autho.rized by the board of public improvements, a consulting engineer of lighting and electricity to hl3 de- partment, who shall be an expert In all mat- ters relating to lighting and electricity, and vhose training shall also have Included in- jtruotlon in the capacity of civil engineer, and 1 consulting engineer of public buildings to hiB department, who shall be an expert In the matter of construction, repair and main- tenance of public buildings, and a consulting architect to his department, who shall be an architect of recognized scientific and artistic standing of not less than fifteen years’ experi- ence. ’The commissioner of bridges shall at any time appoint without definite term, when thereto authorized by the board of public Improvements a consulting engineer, wh® shall be a recognized expert In bridge con- struction, and who shall have k^d not less than fifteen years’ experience as a civil en- gineer. Commissioners, powers to appoint and tlx salaries. Sec. 466. The commiMloner oft Um head ot each of said departments shall have power to appoint such clerke and subordinates as may In his judgment be necessary In his main of- fice, and may fix and regulate their salaries, within the limits of the appropriation duly made therefor. A deputy commissioner In charge of a branch office of a department shall, subject to the approval of the head of his department, appoint such clerks and subordinates of his department, in and for his bor- ough, as may in his judgment be necessary, and fix and regulate their salaries, within the limits of the appropriation duly made there- for. Id.; other duties. Sec. 457. The commissioner at the head of each of said departments shall prepare and execute all contracts authorized by the board of public Improvements, or by said board and the municipal assembly for his depart- ment, and shall make and cause to be made all surveys, maps, plans, estimates and draw- ings of all works relating to his department, and shall preserve the same in the main office of the department, and shall make an annual report of the business and transactions of his department to the mayor. id.; to organize bnreans. Sec. 458. The commissioner at the head ■ of each of said departments may organize such bureaus as he shall from time to time deem necessary to the proper discharge of the du- ties of his department: he shall locate a branch of each of the bureaus so organized, in the public hall or building of the borough of Brooklyn, for the discharge of all of the duties of the department devolved upon such bureau or bureaus, so far as such duties per- tain to the borough of Brooklyn; and he may from time to time locate a branch of any or all bureaus so organized by him in any of the other boroughs of the city for the discharge of the duties devolved upon such bureau or bureaus, so far as suoh duties pertain to the boroughs wherein such branch or branches may be respectively located. Commissioners; power to aiipoint, etc. Sec. 459. If the commissioners of two or more departments named in this chapter shall at any time determine that the duties of the chief engineer or the deputy commissioner in each of said two or more departments in and for any borough can be adequately per- formed by one and the same person, then U shall be lawful for said commission- ers, each acting in his department, to ap- point the same individual as chief engineer or deputy commissioner, or both, of such de- partments for any of said boroughs; such ap- pointment as chief engineer may be revoked by the proper commissioner or commissioners, respectively, as to all but one department, whenever the bgard of public improvements shall so authorize; and the board of public improvements shall also then determine and decide for which department the said person shall remain and shall be chief engineer. Transfer of employes from borough to borongli and from department to de- partment. Sec. 460. Nothing in this aot contained shall be construed to limit in any way the power of the commissioner at the head of any one of the departments named in this chapter to transfer any employe or employes from the office of his department located in one borough to the office of his department in any other borough. It shall be lawful for the board of public improvements to transfer employes of one of the departments named in this chapter to another of said department*, provided tiiat In 4S THE CHARTER OF THE CITY OF NEW YORK. each case the heads of the departments af- fected shall consent to and request such transfer. Transfer of appropriations. Sec. 461. No appropriation specifically ap- proiprlated to be used In one borough shall be transferred for expenditure in any other bor- ough except by the unanimous vote of the board of estimate and apportionment; but if any public work within the cognizance and control of any one of said commissioners must be executed in more than one borough he may, in his discretion, direct that said work shall be done through the Joint forces of hi® department in the boroughs affected, or he may execute such work with the force of his central office. Deflnitloii of word “street.’’ Sec. 462. Whenever the word “street” or the plural thereof, occurs in this chapter, it shall be deemed to include all that Is in- cluded by the term “street, avenue, road, alley, lane, highway, boulevard, concourse, public square and public place,” or the plu- rals thereof, respectively. TITLE 4. DEPARTMENT OF WATER SUPPLY. Commissioner of water supply; ap- pointment; salary. Sec. 468. The head of the department of water supply shall be called the commissioner of water supply. He shall be appointed by the mayor and hold office as provided in chap- ter IV of this act. His salary shall be seven thousand five hundred dollars a year. Id.; jurisdiction. Sec. 469. The commissioner of water supply shall have cognizance and control: (1) Of all structures and property con- nected with the supply and distribution of water for public use, except where the same shall be owned by private corporations, in- cluding all fire and drinking hydrants and all water meters. (2) Of maintaining the quality of the water supply, and of the investigation for, and the construction of all work necessary to de- liver the proper and required quantity of water with ample reserve for contingencies and future demands. (3) Of the collection of the revenues from the sale or use of water from the public water supply. (4) Of the enforcing of the regulations concerning the use of water and of recom- mending to the board of public improve- ments proposed ordinances relating to any of the matters within the province of his department. Id.; power when more than one hor- ough inyolyed. Sec. 470. If any of the public works within the cognizance and control of the said com- missioner of water supply must be executed entirely outside of the city limits, he may di- rect that such work be done by any of his force of any borough as may seem to him most advantageous. Id.; restriction on power to contract. Sec. 471. It shall not be lawful for the com- sioner of water supply to enter into any con- tract whaterver with any person or corporation engaged in the business of supplying or sell- ing water for private or public use and con- sumption, unless preliminary to the execution of the contract, the assent of the board of pub- lic improvements aftar submission to it of the proposed contract in all its details, shall be given by resolution to the execution of such contracts as submitted, and it shall not be Lawful for the said city of New York or for any department thereof, to make any con- tract touching or concerning the public water supply, and especially the increase thereof, with any person or corporation whatsoever, save in accordance with the provisions and requirements of this act, which said provisions and requirements are hereby declared to es- tablish the exclusive rule for the making of such contracts. Id.; power to determine source of water snpply, condemnation proceed- ing's, etc. Sec. 472. The commissioner of water supply, with the approval of the board of public Im- provements, shall have power throughout the state of Neiw York to select and to determine all sources of water supply that may be need- ed for the supply of the public water works of said city, and for the supply and distribu- tion of water in said city. Any sources of water so selected and determined by him shall be deemed necessary for the public use of the city of New York, and thereupon, with the ap- proval of the board of public improvements and of the board of estimate and apportion- ment, together with the authority of the mu- nicipal assembly expressed by it* resolution or ordinance. It shall be lawful for the city of New York to acquire by condemnation any real estate or any interest therein that may be necessary In order to acquire the sole and exclusive property in such source or sources of water supply, and to wholly extinguish the water rights of any other person or corpora- tion therein, with the right to lay, relay, re- pair and maintain conduits and water pipes with the connections and fixtures on the lands of others, the right to intercept and to direct the flow of waters from the lands of riparian owners, and from persons owning or interest- ed in any water, and the right to prevent the flow or drainage of noxious or impure matters from the lands of others into its reservoirs or sources of supply, provided that he shall not have power to acquire or to extinguish the property rights of any person or corporation in or to any water rights that, at the time of the initiation of proceedings for condemnation, were in whole or in part devoted to the supply of the water works of the people of any other city, town or village of the state, or to the sup- ply and distribution of water to the people thereof, or to take or use the water from any of the canals of the state, any canal reser- voirs, or waters used exclusively as feeders for canals, or from any of the streams ac- quired by the state for supplying the canals with water. It shall be the duty of the cor- poration counsel to take the necessary legal proceedings, as provided in this act, for such improvement, upon the request in writing of the said commissioner of water supply. In the ascertainment of the compensation for any property or property rights so acquired, such compensation shall be based upon the actual values of the property or the interest acquired therein at the time of its taking, and there shall not be taken into consideration any pros- pective or speculative value, based upon the possible, probable or actual future use of such property or property rights. If the same had not been acquired by the said city of New York for the public use. The commissioner of water supply is here- by authorized to examine into the sources of water supply of any private companies supplying the city of New York or any por- tion thereof or its inhabitants with water, to see that the same is wholesome and the supply is adequate, and to establish such rules and regulations in respect thereof as are reasonable and necessary for the con- venience of the public and the citizens; and the board of public improvements may ex- ercise superintendence, regulation and con- trol in respect of the supply of water by such water companies, including rates, fares and charges to be made therefor, except that such rates, fares and charges shall not, with- out the consent of the grantee, be reduced by the board of public improvements beyond what is Just and reasonable; and in case of a co'ntroversy the question of what is Just and reasonable shall be finally determined as a Judicial question on Its merits by a court of competent Jurisdiction. Municipal assembly; power to flx rents, etc., or water supply. Sec. 473. The municipal assembly shall hereafter have all power, on recommendation of the board of public improvements, to fix and to establish a unltorm scale of rents, and charges for supplying water by the city oif New York which shall be apportioned to different classes of buildings in said city in reference to their dimensions, values, ex- posures to fires, ordinary uses for dwellings, stores, shops, private stables and other com- mon purposes, number of families or occu- pants, or consumption of water, as near as may be practicable, and modify, alter, amend and increase such scale from time to time, and to extend it to other descriptions of buildings and establishments. All extra charges for water shall be deemed to be in- cluded in the regular rents, which shall be- come a charge and lien upon the buildings upon which they are respectively imposed, and if not paid, shall be returned as arrears to the collector of assessments and arrears. Such regular rents. In- cluding the extra charges above men- tioned, shall be collected from the owners or occupants of all such buildings, respectively, which shall be situated upon lots adjoining any street or avenue in said city in which the distributing water pipes are or may be laid, and from which they can be supplied with water. Said rents, including the extra charges aforesaid, shall become a charge and Hen upon such houses and lots, respect- ively, as herein provided, but no charge whatever Shall be made against any building in which a water meter may have been, or shall be p^Iaced as provided in this act. In all such cases the charge for water shall be determined only by the quantity of water actually used as shown by said meters. Commissioner, power to contract for water snpply for the Twenty-fonrtli ward; duty In relation to. Sec. 474. The cr nmissioner of water sup- ply is authorized on behalf of the city of New York, with the preliminary consent of the board of public improvements and of the board of estimate and apportionment, to con- tract from time to time with the city of Yon- kers, or tb 1 board of water commis- sioners of the city of Yonkers, for a supply f/f wholesome water for the Twenty-fourth ward and other parts of the borough r'. the Bronx, from the water works or water belonging to them or under theli charge ind control, for such time, in such quantlt'es, and at such places as may be agreed upon by them. The said commission- er of water supply is authorized and directed to procure, purchase and lay, provide and make ready for use, from time to time, so many mains and pipes and other means and appliances, and erect so many hydrants as may be necessary and sufficient to distribute and supply the water so procured under con- tract with the city of Yonkers to and through said Twenty-fourth wai’d, or such part of it as may require or be in need of the same, and which cannot be or. In his Judgment, ought noit to be supplied from the Croton wa- ter works, and to purchase, provide, do and THE CHARTER OF THE CITY OF NEW YORK. 49 perform all things necessary or proper to en- able the said Twenty-fourth ward, or said part, and the inhabitants thereof, to obtain and have an abundant supply of water at all times, and for such purpose, in case of ne- cessity or convenience, to arrange and agree with the owner of lands in said w'ard foir an irrevocable license or permission to enter up- on, lay, repair, keep in order, protect and maintain mains, pipes, conduits and hydrants in, through and upon said lands. The munic- ipal assembly is authorized to fix, and from time to time to alter, on the recommendation of the board of public improvements, special rates or charges for water supplied to any house or building, or to any other erection or struct- ure, in said Twenty-fourth ward, including washers and hydrants, and to make such ar- rangements and rules as may be proper to as- certain the quantity of water used therein, or by means thereof,* and such rates and charges shall be a lien until paid upon the lands upon which such house, building or other erection or structure may stand or be situated, and shall be collectible at the same time and in the same manner, including sales for unpaid taxes, as the ordinary tax imposed on the same lands. Meters. Sec. 475. The commissioner, of water supply is authorized, in his discretion, to cause water meters, the pattern and price of which shall he approved by the board of public im- provemnts, to be placed in all stores, workshops, hotels, manufactories. office buildings, public edifices, at wharves, ferry- houses, stables, and in all places in which water is furnished for business consumption, so that all water so furnished therein or there- at may be measured and known by the said de- partment, and for the purpose of ascertaining the ratable portion which consumers of water should pay for the water therein or thereat re- ceived and used. Thereafter, as shall be de- termined by the commissioner of water sup- ply, the said department shall make out all bills and charges for water I'urnished by them to each and every consumer as aforesaid, to whose consumption a meter as aforesaid is affixed in ratable proportion to the water consumed, as ascertained by the meter on his or her premises or places occupied or used as aforesaid. All expenses of meters, their connections and setting, w'ater rates and other lawful charges for the supply of water shall be a lien upon the premises where such water is supplied as now provided by lav/. Nothing herein contained shall be construed so as to remit or prevent the due collection of arrear- ages or charges for water consumption hereto- fore incurred, nor interfere with the proper liens therefor, nor of charges, or rates, or liens hereafter to be incurred for water con- sumption in any dwelling house, building, or place which may not contain one of the meters aforesaid. The moneys collected for expenses of meters, their connections and settings, shall be applied by the commissioner of water sup- ply to the payment of expenses incurred in procuring, connecting and setting said meters. Additional charge for non iiayment of rents. Sec. 476. The annual rents which are not paid to the department of water supply be- fore the first day of August in each year, shall be subject to an additional charge of 5 per centum and those rates not paid before the first day of November in each year shall be subject to a further additional charge of 10 per centum. \o valve, etc., to he n»ed with royalty. Sec. 477. No patent hydrant, valve, or stop- cock shall be used by the department of water supply unless the patentee or owner of said patent shall allow the use of the ps,tent by said department without royalty. Printed notice of rnles and regnlations Sec. 478. The rules and restrictions tor the use of the water printed on each permit shall be notice to the water takers, and shall authorize the exaction .and recovery by process of law of any penalties which may be imposed in addition to cutting off the use of the water for any violations of the rules, and this section shall be printed on such permits. Commissioners, duty in reghrd to sonrces of water supply and proi*erty of department. Sec. 479. The commissioner of water supply is charged with the preservation of all lakes and alt waters from w'hich a water supply is drawn by the city, with the preservation of the banks of and of any river or other body of water from which the water supply is drawn, from injury or nuisance, and with the execution of such measures as may be nec- essary 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 re- pairs of the dams, gates, aqueducts, bridges, water towers, reservoirs, mains, pipes, pipe- yard and property of every description be- longing to the water works, and shall have the construction of such new works and the purchase and laying down of such mains and pipes as may be authorized in accordance with law. The department of water supply shall be responsible for the supply of water and the good order and security of all the water works, for the exactness and durabili- ty 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. A.sscssment on lands nsed as reser- | v'Oirs, etc. Sec. 480. The lands heretofore taken or to be taken for storage, reservoirs, or for other constructions necessary for the introduction and maintenance of a sufficient supply of water in the city, or for the purpose of pre- venting contamination or pollution, shall be assessed and taxed in the counties in which they are or may be located, in the manner prescribed by law, at the value of the lands, exclusive of the aqueducts, and the construc- tion and works necessary for its purposes, provided that the assessed value of the said lands shall not exceed the assessed value of the lands in the immediate neighborhood thereof. Certain acts misdemeanors. Sec. 481. It shall not be lawful for any per- son to throw or deposit, or cause to be thrown or deposited in any lake, pond or stream, or in any aqueduct from or through which any part of the water supply of the city of New York shall be drawn, or either of the reservoirs, any dead animal or oth- er offensive 'matter, or anything what- ever. Any person offending against the pro- visions of this section shall be deemed guilty of a misdemeanor, and upon conviction there- of shall be punished by a fine or imprison- ment, or both, in the discretion of the court. Such fine not to exceed the sum of one hun- dred dollars, and such imprisonment not to exceed a period of three months. Such im- prisonment to be in the jail of the county in w'hlch the offense shall have been committed. Id.; contiuned. Sec. 482. If any person shall willfully do or cause to be done a.ny act whereby any work, materials or property whatever, erected or used or hereafter to be erected or used with- in the city or elsewhere, by the said city, or by any person acting under their authority, for the purpose of procuring or keeping a supply of water, shall in any manner be in- jured 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. Dnty of commissioner of wafer supply. Sec. 483. The commissioner of water sup- ply is hereby authorized, empowered and directed to carry out the provisions of this act, in the manner hereinafter provided, for the purpose of maintaining, preserving and increasing the supply of pure and wholesome water for the use of the city, and for the purpose of preventing or removing contam- ination or pollution of any supply or source or sources of supply of water heretofore ac- quired by or on behalf of said city, and for the pui-pose of preventing the contamination or pollution of any river, water course, lake, pond, stream or reservoir hereafter acquired for the purpose of supplying said city with water. To talce proceeclinss to acquire title. Sec. 484. In all cases where the commission- er of water supply shall hereafter enter upon, acquire, take or use, or shall deem it necessary to enter upon, acquire, take or use any “real esitate,” as the term real estate is defined by this act, for the purpose of maintaining, pre- serving or increasing the supply of pure and w'holesome water for the use of said city, or for the purpose of preventing the contami- nation or pollution of the .same, as herein- before set forth, the said oommiissioner is authorized, for and in behalf, and in the name of the city of New York, in the manner here- inafter prescribed, to acquire all rights, titles I and interests in and to such real estate, by whomsoever the same may be held, enjoyed or claimed, and to pay for and extinguish all claims or damages on account of such rights, titles or interesis, or growing out of such taking or using. Dcflnitioii of “real estate.” Sec. 485. The term “real estate” as used in this chapter shall be construed to signify and embrace all uplands, lands under water, the water of any lake, pond or stream, all water rights or privileges, and any and all ease- ments and hereditaments, corporeal or in- corporeal, and every estate, interest and right, legal and equitable, in lands or water, or any privilege or easement thereunder, including terms for years, and liens thereon by way of judgment, mortgages or otherwise, and also all claims for damage to such real estate. It shall also be construed to include all real estate (as the . term is above defined) hereto- fore or hereafter acquired or used for rail- road, highway or other public purpose, provid- ing the persons or corporations owning such real estate, or claiming interests therein, shall be allowed the periietual use, for such purposes, of the same or of such other real estate to be acquired for the purposes of this act as will afford practicable route or loca- tion for such railroad, highway or other public purpose, and in the aase of a railroad com- mensurate with and adapted to its needs; and provided, also, that such persons or cor- porations shall not. directly or indirectly, bo subject to expense, loss or damage by reason of changing such route or location, but that such expense, loss or damage shall be berua by the city. In case any real estate so acquir- 60 THE CHARTER OF THE CITY OF NEW YORK. ed or used for public purposes is sought to be taken or affected for 'the purposes of this act, there shall be designated upon the maps re- ferred to in this act, and there shall be de- scribed in the petition referred to, such portion of the other real estate shown on said maps and described in said petition as it is pro- posed to substitute in place of the real estate then used for such railroad, highway or other public purposes. The supreme court, at the special term to which said petition is pre- sented, or at such other special term as the consideration thereof may be noticed or ad- journed to, shall either approve the substi- tuted route or place or refer the same back to the said commissioner for alteration or amendment, and may refer the same back, with such directions or suggestions as the said court may deem advisable, and as often as necessary, and until the said commissioner shall determine such substituted route or place as may be approved by the court; an appeal from any order made by said court at special term, under the provisions of this section, may be taken by any person or corporation interested in and aggrieved there- by, to the appellate division of the judicial department in which the real estate is situ- ated, and shall be heard as a non-enumerated motion. The commissioners of appraisal here- in referred to, in determining the compensa- tion to be made to the persons or corporations owning such real estate, or claiming interest therein, shaU include in the amount of such compensation such sum as shall be sufficient to defray the expenses of making such change of route and location and cf building said railroad or highway. The said commission- ers of appraisal shall suggest in their report, and the court, in the order confirming such report, shall determine, subject to review by the said appellate division, w’hat reasonable time after payment of the awards' to said persons or corporations shall be sufficient •within which to complete the work of mak- ing such change, and the said city of New York or the commissioner of water supply thereof shall not be entitled to take posses- sion or interfere with the use, for the aforesaid purposes, of such real estate, be- fore the expiration of such time. This time may be subseo.uently extended by the court (subject to review as aforesaid) upon suffi- cient cause shown. After the expiration of the time so determined or extended no use shall be made of said real estate which shall causie pollution to the water in said reservoir, or the construction of said reservoir, or inter- fere with its flow. Commissioner to prepare maps. Sec. 486. Whenever, in the opinion of said commissioner, it is necessary to acquire any such real estate (as the term “real estate” is herein defined) for any of the purposes here- inbefore set forth, or for the purpose of ex- tinguishing any right, title or interest there- to or therein, the said commissioner, for and on behalf of the city of New York, shall prepare a map or maps of the real estate v/hich in his opinion it is necessary to acquire for the purposes hereinbefore set forth, and shall submit the same to the board of public improvements for approval. The said board may adopt, modify or reject such maps in whole or in part, and may require O'thers to be made instead thereof. A copy of the map or maps so prepared, wit?i a certificate of che adoption thereof, signed by the commissioner and the president of the board of public im- provements, shall be filed in the office of said commissioner and be open to public inspec- tion, and shall be the map or maps of the real estate to be acquired, subject to such changes or modifications as the said commis- doner may from time to time deem necessary- tor the more efficient carrying out of the provisions of this act. And the said board of public improvements, prior to the final adop- tion of such map or maps, shall afford to all persons interested a full opportunity to be heard respecting such map or maps and the acquisition of the real estate shown thereon, and shall give public notice of such hearing, by publishing a notice, once in each week, for three successive weeks in the City Rec- ord and the corporation newspapers, and in two papers published m the county or counties in which the real estate to be acquired or affected is situated, and in two daily papers in the city of New York. At such hearing or hearings testimony may be produced by the parties appearing before him, in such manner as said board may determine, and the president of said board is hereby authorized to administer oaths and issue subpenas in any such proceeding pending before him. Power to enter npoii lands for the l»nri»ose of maliing; mai>s. Sec. 487. The said commissione'r, his agents, engineers, surveyors and such other persons as may be necessary to enable him to perform his duties under this act, are hereby authorized to enter upon real estate, as the term real estate is defined in this act, and any land or water on or contiguous to the line, course, site or track of any pond, lake, stream, reservoir, dam, aqueduct, cul- verts, sluices, canals, bridges, tunnels, pump- ing works, blow-offs, shafts and other appur- tenances, for the purpose of making survey* or examinations and preparing and po-sting the notices required by this act. Details of maps. Sec. 488. After the final adoption of eaia map or maps the said commissioner shall prepare six similar maps or plans of the proposed site of any dam, reservoir, aque- duct, sluice culvert, canal, pumping works, bridges, tunnels, blow-offs, ventilating shafts, and other necessary appurtenances for the proper completion of the work so propoS'ed by him. Upon these maps there shall be laid out and numbered the various parcels of real estate, on, over or through which the same are to he constructed and maintained, or which may be necessary for the prosecu- tion oif the work authorized by this act. On said maps the natural and artificial division lines existing on the surface of the soil at the time of the survey shall be delineated, and there shall be plainly indicated thereon of which parcels the fee or other interest is 'to be acquired. The said maps may be made and filed in sections. One or more sec- tions may be determined before the ma-pa O'f the whole construction are compieted. The proceedings hereinafter authorized may. In like manner be taken separately, in reference to one or more of such sections, before the miaps of the whole are filed. The work upon one or more of such sections may be be'gun before the maps of the remaining sections are filed. The map or maps when adopted by the said commissioner and beard of public improvements shall be by said commissioner transmitted to the corporation counsel, with a certificate of approval written' thereon and signed by the said commissiomer and the president of the board of public improve- ments. Maps to l>e filed. Sec. 489. The corporation counsel shall cause one of said maps to be filed in the of- fice of the clerk of each county in which any real estate laid out on said maps shall be lo- cated, except that in any county in which there may be a register’s office, the said map shall be filed therein, instead of with the county clerk. The fourth, fifth and sixth maps shall be disposed of in the manner in- dicated in section 495 of true act. Corporation counsel to eondnet pro- ceedings. Sec. 490. After the said maps shall have been filed, as provided for in the last section, the corporation counsel for and on behalf of the city of New York, shall, upon first giving the notice required in the next section of this title apply to the supreme court, at a special term thereof to be held in the ju- dicial district in which the real estate to be acquired or affected is situated, for the ap- pointment of commissioners of appraisal. Up- on such application he shall present to the court a petition, signed and verified by the said commissioner, according to the practice of said court, setting forth the action thereto- fore taken by said commissioner and board of public Improvement, ^and the filing of said map and praying for the appointment of such commissioners. Such petition shall contain a general description of all the real estate to, in, or over which any title, interest, right or easement is sought to be acquired for the said city for the purposes of this act, each parcel being more particularly described by c reference to the number of said parcel, as given on said map; and the title, interest or easement sought to be acquired to, in, or over such parcel, whether a fee or otherwise, shall be stated in the petition. Notice to be given. Sec. 491. The corporation counsel shall give notice in the City Record, and corporation newspapers, and in two public newspapers published in the city of New York, and in two public newspapers published in each county in which any real estate laid out on said maps may be located, of his intention, to make application to the said court for the appointment of such commissioners of apprais- al, which notice shall specify the time and place of such application, shall briefly state the object of the application, and shall de- scribe the real estate sought to be taken or affected. A statement of the boundaries of the refel estate to be acquired or affected, with separate enumerations of the numbers of the parcels to be taken, in fee, and of the numbers of the parcels in which any interest or easement is to be acquired, with a refer- ence to the date and place of filing the said map shall be sufficient description of the real estate sought to be so taken or affected. Such notice shall be so published, once in each week, in each of the said newspapers, for six weeks immediately previous to the pres- entation of such petition; and the corporation counsel shall, in addition to the said adver- tisements, cause copies of the same, in hand- bills, to be posted in at least twenty con- spicuous places in the vicinity of the real estate so to be taken or affected, at least six weeks prior to said application. Motions for appointment of commis- sioners of appraisal. Sec. 492. At the time and place mentioned in S'aid notice, unless the said court shall ad- journ said application >10 a subsequent day, and in that event, at the time to wbich the same may be adjourned, ttie court upon due proof to its satisfaction of the publication and posting aforeaaid, and upon filing iihe said pe- tition, shall make an order for the appoint- ment of three disinterested and competent freeholders, one of whom shall reside in tbe cO'Unty of New York, one of whom shall reside in ttie county in which the real estate acquired or affecAed is situated, and one of whom shall reside in tbe co'unty in which the said real es- tate shall be situated, or in an adjoining coun- ty, as commissioners of appraisal to ascertain and appraise the compensation to be made to THE CHARTER OP THE CITY OF NEW YORK. 51 the owners and all persons interested in the real estate laid down on said maps, as pro- posed to be taten or affected for the purposes indicated in tbis act. Such order shall fix the time aiid place for the first meeting of the commissioners. Commissioners to take and file oatb. Sec. 493. Tbe said commissioners shall take and subscribe the oath required by the twelfth article of the constitution, and shall forthwith file the same in the office of the clerk of the county in which the real estate to be acquired or affected is situated, and shall file certified copies of said oath in the office of the register and county clerk of the county of New York. City to become seized of real estate. Sec. 494. On filing tbe oath of the commis- sioners of appraisal, in the manner provided by the last section, the said city of New York shall be and become seized, in fee of all those parcels of real estate which are shown on the said map hereinbefore referred to, of which it has been determined by the said commis- sioner, that the fee shall be acquired and shall be entitled to take and hold such interest m tne parcels of land in which ft has been deter- mined that the fee shall not be acquired, as has been shown on said map and described In said petition, and may Immediately, upon tne liring of such oaths and such certified copiesj or at any time or times thereafter, take pos- session of the lands shown on said map, or any part or parts thereof, without any suit or pro- ceeding at law for that purpose. Proceeding's of commissioners! Sec. 495. Any one of said commissioners oi appraisal may issue subpenas and administer oaths to witnesses; and they, or any one of them, in the absence of the others, may ad- journ the proceedings from time to time, in their discretion, but they shaU continue to meet, from time to time, as may be neces- sary to hear, consider and determine upon all claims which may be presented to them under this act. In case of death, resignation, re- fusal, neglect or Inability to serve, of any commissioner or commissioners of appraisal, the corporation counsel shall, upon due no- tice to he given by advertisement in the newspapers designated in this act ten days prior to such application, apply to the su- preme court, at a special term thereof, to be held In the judicial district in which the real estate is situated for the appointment of one or more commissioners to fill the vacancy or vacancies so occasioned. Whenever the commissioners meet, except by appointment of the court, or pursuant to adjournment, tney shall cause reasonable notice to be given to the attorneys for sucn parties who have appeared. It shall be the duty of the commis- sioners of appraisal to procure from the cor- poration counsel the fourth, fifth and sixth copies of the maps provided for in this act. They shall view the real estate laid down on said maps, and shall hear the proofs and alle- gations of any owner, lessee or other person in any way entitled to, or interested in said estate, or any part or parcel thereof, and also such proofs and allegations as may be offered on behalf of the city of New York. They, or a majority of them, shall also determine the height to which the waters of any lake, pond or natural stream concerning which such proceedings were instituted may be raised and the point to which such waters may be drawn down by the City of New York, such determination to be made before any award of damages shall be made on account of such proposed raising or depressing of such waters, and they shall also determine what sum shall be paid to the general or special guardian or committee of an infant, idiot, or .person of unsound mind, and to the attorney appointed by the court to attend to the interests of any unknown owner or party in interest, or to the attorney ot guardian of any party In interest whose interests are unknown or the interest of any person or persons not In be- ing. They shall reduce the testimony, if any, taken before them, to writing, and after the testimony Is closed, they, or a majority of them, all having considered the same, and having an opportunity to be present, shall, without unnecessary delay, ascertain and de- termine the just compensation which ought justly to be made by the city ot New York to the owners, or the persons interested In the real estate sought to be acquired or affected by said proceedings. The said commissioners of appraisal shall make reports of their pro- ceedings to the supreme court, as in the next section provided, with the minutes of the tes- timony taken by them, if any, and they shall be entitled to the payments hereinafter pro- vided for their services and expehses, to be paid from the fund herein provided. Commissioners to prepare report. Sec. 496. The said commissioners shall pre- pare 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, ■ndth a reference to the map as showing the location and boundaries of each parcel; a statement of the sum estimated and determin- ed upon by them as a just compensation to be made by the city to the owners of or per- sons entitled to or interested in each parcel so taken or affected, and a statement of the re- spective owners of or persons entitled thereto or interested therein; but in all and each and every case and cases, where the owners and parties interested, or their respective estates or interests are unknown, or not fully known, to the commissioners of appraisal, it shall be sufficient for them to set forth and state, in general terms, the respective sums to be al- lowed and paifi to the owners of and parties Interested therein generally, without speci- fying 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 al- lowed to the parties or attorneys appearing before them, as costs, counsel fees, expenses and disbursements, including reasonable com- pensation for witnesses. Report to be tiled. Sec. 497. Said report signed by the com- missioners, or a majority of them, shall be filed in the office of the clerk of the county in which the real estate is situated. The commissioners of appraisal shall notify the corporation counsel as soon^as the said report is filed. Notice o£ motion to confirm report. Sec. 498. The corporation counsel, or, In case of his neglect to do so within ten days after receiving notice of such filing, then any person Interested in the proceedings, shall give notice that the said report will be present- ed for confirmation to the supreme court, at a special term thereof, to be held in the judicial district in which the real estate Is situated, at a time and place to be specified in said notice. The said notice shall contain a sitatement of the time and place of the filing of the report, and shall be published in each of the newspa- pers referred to in section 491 of this act, once in each week, for at least four weeks imme- diately prior to the presentation of said re- port for confirmation. Confli-mation of report. Sec. 499. The application for the confirma- tion of the report shall be made to tbe su- ; preme court, at a special term thereof, held In the judicial district in which the real estate is situated. Upon the hearing of the application for the confirmation thereof, the said court shall confirm such report, and make an order, containing a recital of the substance of the proceedings In the matter of the appraisal, ■with a general description of the real estate appraised, and for which 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 deposited by the controller of the city of New York. Such re- port, when so confirmed, shall (except in the case of an appeal, as provided in section 505 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 en- titled to said real estate; and also upon all other persons whomsoever. Payment of awards. Sec. 600. The said city of New York shall, within four calendar months after the making and entry of the order confirming the report of the co'mmissloners of appraisal, pay to the respective owners and bodies, politic or corporate, mentioned or referred to in said report, in whose favor any sum or sums of money shall be estimated and repo'rted by said commisaionens, the respective sum or sums so estimated and' reported in their favor respect- ively; with lawful interest thereon, from the date of filing the oath of said commissioners and certified copies thereof, as by this act required. And in case of neglect or default in the payment of the same within the time aforesaid, the respective person or persons, or bodies, politic or corporate, in whose favor the same shall be so reported, his, her, or their executors, administrators, legal repre- sentatives or succassons, at any time or times, after application first made by him, her, or them, to the controller of the city of New York for payment thereof, may sue for and recover the same, with lawful interest, as aforesaid, and the costs of suit In any proper form of action against the said city of New York in any court kaving cognizance thereof, and in which it shall be sufficient to declare generally for so much money due to the plaintiff or plaintiffs therein by virtue of this act, for real estate taken or affected for the purposes herein mentioned, and the report and order confirming report of said commis- sioners, with proof, of t'he right and title of the plaintiff or plaintiffs to the sum or sums demanded shall be conclusive evidence in such suit or action, and entitle plaintiff to judgment therein. Sam awarded to be deposited in cer- tain cases. Sec. 501. Whenever the owner or owners, person or persons interested in any real es- tate taken or affected in such proceedings, or in whose favor any such sum or sums or compensation shall be so reported, shall be un- der the age of 21 years, of unsound mind, or absent from the state of New York, and also in all cases where the name or names of the owner or owners, person or persons, interested in any such real estate shall not be set forth o-r mentioned in the said report or where the said owner or owners, person or persons, be- ing named therein cannot, upon diligent in- quiry, be found, or where there are adverse or conflicting claims to the money awarded as compensation, it shall be lawful for the said city of New York to pay the sum or sums mentioned in the said report, payable, or that would be coming to such owner or owners, person or persons respectively, with interest aforesaid, into such trust company as the court may, in the order of confirmation, direct, to the credit of such owner or owners, person or persons', and such payment shall be as 62 THE CHARTER OF THE CITY OP NEW YORK. valid and effectual, in all respects, as if made to the said owner or owners, person or per- sons interested therein respectively them- selves, according to their just rights; and pro- vided, also, that in all and each and every such case and cases where any such sum or sums, or compensation, reported by the com- missioners in favor of any person or persons, or party or parties, whatsoever, whether named or not named in the said report, shall be paid to any person or persons, or party or parties, whomsoever, when the same shali of right beiong and ought to have been paid to some other person or persons, or party or parties, it shall be lawful for the person or persons, or party or parties to whom the same ought to have been paid, to sue for and recover the same, with lawful interest and costs of suits, as so much money had and re- ceived to his, her or their use, by the person or persons, party or parties respectively to •whom the same shall have been so paid. Wlio may present claim 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 occupied for the purposes contemplated by this act, and any ©■wner or person interested in real estate con- tiguous thereto, and which is affected by the acquisition, use or occupation of the real estate shown on said rnap, whether such con- tiguous real estate is shown on the maps or not. If he or they intend to make claim for com- pensation for such taking, entering upon, using or occupying, shall, within one year after the appointment of the commissioners of apprais- al. exhibit to the said commissioners a state- ment of claim, and shall thereupon be entitled to offer testimony and to be heard before them touching such claim, and the compensation proper to be made, and to have a determina- tion made by such commissioners of appraisal as to the amount of such compensation. Every person, corporation, or body politic, neglecting or refusing to present such claim within said time shall be deemed to have surrendered his, her or its title or Interest in such real estate, or his, her or its claim for damages thereto, except so far as they may be entitled as such owner or person interested, to the ■w'hO'le or a part of the sum of money awarded by the commissioners of appraisal as a just compensation for taking, using and occupy- ing, or as damages for affecting the real estate o'wned by said person, corporation, or body politic. City protected by payment. Sec. 503. Payment of the compensation a-warded by said commissioners of appraisal to the person or persons, corporation, or body politic named in their report (if not infants or persons of unsound mind) shall, in the ab- eenceofnoticetothe city of New York of other claimants to such award, proiect the said city of Now York. Separate reports may be made. Sec. 504. Said commissioners of appraisal may, in their discretion, take up any specified Claim or claims, and finally ascertain and de- termine the compensation to be madq thereon, and make a separate report with reference thereto, annexing to said report a copy of so much of the maps as displays the parcel or parcels so reported on. Such report shall, as to the claims therein specified, be the report required in this act, and the subsequent ac- tion with reference thereto shall he had in the same manner as though no other claim was embraced in said proceeding, which, however, shall continue as to all claims upon which no such determination and report is made. Proceedings in case of an appeal. gee. 505. Within twenty days after the mak- ing, entry and service of the order confirming the report of the commissioners of appraisal, as provided for in this act, of which notice may, as to the parties who have not appeared before the commissioners, be given in the manner provided in this act, either party may appeal by notice in writing to the appel- late division of the supreme count, of the judicial department in -which the" real estate described in said petition and shown on said map is situated. Such appeal shall be heard, on due notice thereof being given, according to the rules and practice of the said court, and pending such appeal the controller of the city of New York shall deposit in such trust company as the court shall direct the amount of the award, with interest to the date of such deposit, and the funds so depos- ited stall remain with the trust company, subject to the further order of the court. On the hearing of such appeal the court may di- rect a new appraisal and determination by the same or new commissioners, in its dis- cretion, 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 ishall be final and conclusive on all parties and persons interested. If the amount of compensation to he made by the said city is Increased by the second report the difference shali be paid by the controller of the city of New York to the parties entitled to the same or shall ha deposited as the court may direct; and if the amount is diminished, the differ- ence shall be refunded to the said city of New York by the trust company. But the taking of an appeal by any person or persons shall not operate to stay the proceedings under this act, providing such award and Interest have been deposited. Such appeal shall be heard upon the evidence taken and proceedings had before such commissioners. How defects may be remedied. Sec. 506. The supreme court of the judicial district in which the real estate is situated shall have power at any. time to amend any defect or informality in any of the special proceedings authorized by this act as may be necessary, or to cause other property to be included therein, and to direct such further notices to be given to any party in interest as it deems proper, and also to appoint other commissioners in place of any who shall die or refuse or neglect to serve, or he incapable of serving, or be removed. And the said court may at any time remove any of said commissioners of appraisal who, in their judgment, shall he incapable of serving or who shall, for any reason in their judgment, be an unfit person to serve as such commis- sioner. 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 proceed- ing authorized by this act, the same may ue amended or suppUed in such manner as shall be directed by the supreme court, whioh .'s hereby authorized to make such amendment or correction. Agreements with owners of real estate Sec. 507. The said commissioner of water supply, subject to the approval of the board of public improvements, may agree with the own- ers or persons interested in any real estate laid down on said maps as to the amount of com- pensation to he paid to such owners or per- sons 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 county, town or school district within this state, such righibs, titles, interests or proper- ties may be paid for upon agreement respec- tively with the commissioners of the land of- fice, who shall act for the people of the state, with a chairman and a majority in numbers of t-he board of supervisors of any county, who shall act for such county, and with the supervisor and commissioners of highways in any town, who shall act for such town, and with the trustees of any school district, who shall act for such district, and with the president and a majority of the board of trustees cf any incorporated village. The com- missioners of the land office shall have power to grant to the said city any real estate be- longing to the people of this state which may be required for the purposes indicated in this act, on such terms as may be agreed on be- tween them and the said commissioners; and if any real estate of any county, town, or school district is required by said city for the purpose of this act, the majority of the board of supervisors, acting for such county, or the supervisors of any such town, with the com- missioners of highways therein, acting for such town, or the trustees of any school dis. trict, acting for such district, or the president and majority of trustees of any incorporated village, may grant or surrender such real es- tate for such compensation as may be agreed upon between such officers respectively and the said commissioners. Compensation and expenses of com- missioners. Sec. 508. The commissioners of appraisal, appointed in pursuance of this act, shall re- ceive as compensation for their services the sum of $10 per day for each day upon which the said commissioners shall be actual- ly and necessarily employed in the per- formance 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 interests of the city in all such proceedings in court and be- fore the commissioners. The fees of the com- missioners and the salaries and compensation of their employes, and their necessary travel- ing expenses, and all other necessary expenses in and about the special proceedings provided by this act, to be had for acquiring title or extinguishing claims for damages to real es- tate, and such allowance for counsel fees, expenses and witness fees as may be recom- mended by the commissioners and ordered paid by order of the court, shall be paid by the controller of the city of New York, out of the funds hereinafter provided, when they have been taxed before a justice of the su- preme court in the judicial district in which the real estate is situated, upon five days’ notice to the corporation counsel. Issae of bonds. Sec. 509. The controller of the city of Ne-w York is hereby authorized and directed to raise, from time to time, on bonds of said city, in addition to the amounts which he is now authorized to raise for such purposes, such sums of money as sihall be sufficient to pay for any real estate, or for the extin- guishment of any rigtit, title, or interest therein acquired, and all damages appraised to persons interested therein, together with all expenses necessarily incurred in acquiring title to such real estate, or in extinguishing claims for damages thereto, and for all other expenditures herein authorized. Descriptloa of bonds. Sec. 510. The bonds to be issued by the controller of the city of New York in pur- suance of this title shall be called “Corpo- rate stock of the city of New York,’’ and shall he issued in the manner hereinbefore THE CHARTER OP THE CITY OP NEW YORK. » — — B8 provided for the issue of corporate stock, subject, however, to the limitations of the state constitution. And the municipal as- sembly of said city is hereby 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 constructed or maintained under the provisions of this act shall be subject to such sanitary regulations as the state board of health shall prescribe. Hig-hways and bridges. Sec. 512. The city of New York is hereby required to build and construct such high- ways and bridges as may be made necessary by the construction of any reservoir in the counties of Westchester, Putnam, Queens or Suffolk under this act, and to repair and forever maintain such additional bridges as may be made necessary by the construction of such reservoir or reservoirs. Account of expenditure to he filed in controller’s office. Sec. 513. The said commissioner of water supply shall, in every calendar month, file in the ofiBce of the controller of the city of New York an account of all expenditures made by him, or under his authority, and of all liabilities incurred by him, during the pre- ceding month, and an abstract of each such account shall be published in the City Record. Limit within which Lake Mahopac 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 Carmel, Putnam county, between the first days of March and September in any year. Present proceedings to be continued. Sec. 515. All proceedings pending at the time this act takes effect for the acquisition of title to or the extinguishment of rights in real estate for any of the purposes in this title specified, shall be continued and prose- cuted to a conclusion accordlilg to the re- spective provisions of Law under which said proceedings may have been begun, and as to all such proceedings this act shall not be deemed applicable. Id.; corporations authorized to use ground under streets, etc. 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 of Introducing water into the city of New York, on condition that they shall cause the surface of said street, highways or roads to be restored to its original state, and all damages done thereto shall be repaired. Devolution of powers of former boards Sec. 617. For all the purposes of this act all of the rights, powers, privileges, duties and ebllgations, heretofore created by law or other- wise of the city of Brooklyn, or of any of its departments or officers respecting the water works of said city are, so far as they are consistent with the provisions of this act, hereby vested in the city of New York, as con- stituted by this act, and as matter of admin- istration devolved upon the commissioner of water supply of the city of New York to be by him exercised in accordance with the pro- visions, directions and limitations of this act, and all of the rights, powers, privileges, duties and obligations of Long Island City, or of any or either of its departments or officers, or of *ny town, village ox district in any of the territory hereby annexed to the corporation heretofore known as the mayor, aldermen and commonalty of the city of New Yoi'k, and by this act consolidated into one^ city, in respect to any of the pubilc water worlcs or the public water system, or the public water supply thereof; the sale and distribution of the same, are hereby vested in the city of New York, and for the purpose of administration are hereby devolved upon the said commissioner of water suppiy of the city of New York to be by him executed pursuant to the provisions, directions and limitations of this act. Sec. 518. Nothing in this act contained shall be deemed or construed to repeal, or in any wise affect chapter four hundred and ninety of the laws of eighteen hundred and eighty- three, entitled “An act to provide new reser- voirs, dams and a new aqueduct with the ap- purtenances thereto for the purpose of sup- plying the city of New York with an in- creased supply of pure and wholesome water,’’ or the several acts amendatory thereof, but the said act and its amendments shall re- main in full force and eff,ect, provided that the commissioners therein specified, shall not hereafter begin the construction of any new work, except such as may be properly and necessarily appurtenant to work, the construc- tion of w'hich has been begun before the date upon which this act takes effect. The term of office of the commissioners appointed and ex- isting under the aforesaid act shall cease and determine on the completion of the work, and thereupon all papers, documents and records in possession of the aqueduct commissioners shall be delivered to the commissioner of water supply. [Thus amended by Chapter 313, Laws of 1899.] TITLE 5. DEPARTMENT OP HIGHWAYS. Commissioner of bighways; appoint- ment, term, salary. Sec. 523. The head of the department of highways shall be called the commissioner of highways. He shall be appointed by the mayor and hold office as provided in chapter tv of this act. His salary shall be seven thousand five hundred dollars a year. i Id.; jurisdiction. Sec. 524. The commissioner of highways shall have cognizance and control: (1) Of regulating, grading, curbing, flag- ging and guttering of streets and laying crosswalks. (2) Of constructing and repairing public roads. (3) Of paving, repaving, resurfacing and repairing of all streets and of the relaying of all pavements removed for any cause. (4) Of the laying or relaying of surface railroad tracks in any public street or road, of the form of rail used, or character of foundation, and the method of construction; and of the restoration of the pavement or surface after such work. (5) Of the filling of sunken lots, fencing of vacant lots, digging down lots and of licensing vaults under sidewalks. (6) Of recommending to the board of public Improvements, ordinances relating to any of the matters within the province of his department. He shall make an annual re- port of the business and transactions of his department to the mayor. (7) Of the removal of incumbrances. (8) Of the issue of permits to builders and others to use the streets, but not to open them. Permit from department of bighways necessary for removals of pavements, etc.; procednre in case of pavements reloid, etc. Sec. 525. No removal of the pavement or disturbance of the surface of any street for the purpose of constructing vaults or lateral ways, . digging cellars, laying foundations of buildings or other structures, making newer 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 whatever, shall be made until a permit is first had from the department of highways, and when- ever any portion of the pavement in any street or avenue in said city shall have been re- moved for any of these purposes, and such pavement shall not be relaid in a man- ner satisfactory to the commissioner, the said commissioner may cause a notice, in writ- ing, to be served upon the person or corpor- ation by whom the same was removed, or if such removal was for the purpose of mak- ing connection between any house or lot, or any sewer or pipes in the street, or for con- structing vaults, or otherwise improving any house or lot, upon the owner or occupant of such house or lot requiring such person or corporation, or the owner or occupant of such house or l«t, to have such pavement properly relaid within five days after service of such notice. Such notice may be served upon tho owner or occupant of a house or lot by leav- ing the same with any person of adult age upon said premises or posting the same there- upon; in case such pavement or portion there- of, shall not be relaid to the satisfaction of said commissioner w'ithin the time speci- fied in such notice, it shall be lawful, and au- thority is hereby given to said commissioner, to have such pavement, or the portion there- of which shall have been so unsatisfactorily laid, put in proper order and repair, in such manner as the commissioner may deem best, on account of the person or corporation by whom shch pavement was removed, or of the owner of the premises for whose benefit such removal was made. Upon the costs of such work being certified to the control- ler of the city of New York by the said commissioner, with a description of the lot or premises to improve which such removal was made, said controller shall pay the same, and the amount so paid shall become a lien and charge upon the premises so described, and, on being certified by the controller to the collector of assessments and arrears, may be collected in the same manner that arrears and water rates are collected under the direction of ‘such collector of assessments and arrears. But nothing herein contained shall be deemed to prohibit said commis- sioner from demanding, before issuing said permit, and as a condition thereof, the de- posit of such sum of money, or other se- curity, as in his judgment may be neces- sary to pay the cost of properly relaying the pavement so removed, together with the ex- pense of the inspection thereof. Tlie office of commissioner of street improvements in tlie 23d nnd 24th wards abolished; devolution of powers. Sec. 526. The office of commissioner of iS'tr'eet Improvements of the Twenty-third and Twenty-fourth wards of the city of New York, created by chapter five' hundred and forty of the laws of _ eighteen hundred and ninety, is hereby abolished, and all the pow- ers, privileges and duties of the said com- missioner of street improvements for the said Twenty-third and Twenty-fourth wards, which in any way relate to the regulating, grading, regrading, curbing, flagging and gut- tering of streets, laying of crosswalks, the constructing and repairing of public roads, paving, repairing and repaving of all streets and the relaymg of all pavements removed for any cause, of the filling of sunken lots, are hereby, so far as the same are consisteat 54 THE CHARTER OF THE CITY OP NEW YORK. with the requirements of this act. devolved upon the commissioner of highways of the city of New York, and are to be exercised and performed by him according to the provisions of this act. Devolntion of povrei'S of former boards Sec. 627. All powers and duties conferred upon the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York, or upon any board or olHcer thereof, or upon the corporation known as the city of Brooklyn, or upon any board or officer thereof, or upon the corporation known as Long Island City, or upon any board or offi- cer thereof, and upon any other municipal corporation, town or village, within the county of Richmond, or within so much of the terri- tory of the couaty of Queens as is by this act annexed to the municipal corporation known as the mayor, aldermen and commonalty cf the city of New York, and consolidated into the municipality known as the city of New York, in any way relating to the regulating, grading, regrading, curbing, flagging and guttering of streets, the laying of crosswalks, the constructing and repairment of public roads, paving, repaving and repairing of al' Bcreets, and the relaying of all pavements re- moved for any cause, the filling of sunken lots and all matters directly related thereto, are hereby vested in the city of New York, as constituted by this act, and as matter of adminstratioB devolved upon the commission- er of highways, and by him are to be execut- ed pursuant to the provisions, directions and limitations of this act. TITLE 6. DEPARTMENT OP STREET CLEANING. Commissioner, appointment, term and salary. Sec. 633. The head of the department of street cleaning shall be called tbe commis- sioner of street cleaning. He shall be appoint- ed by the mayor and shall bold office as pro- vided in chapter IV of this act. His salary shall be $7,500 a year. Id.; jnrisdietion. Sec. 534. The commissioner of street clean- ing shall have cognizance and control; (1) Of ttie sweeping and cleaning of the streets of the city, and of cbe retnoval or other disposition as often as the public health and the use of the streets may re- quire, of ashes, street sweepings, garbage end other light refuse and rubbisb, and of the removal of snow and ice from lead- ing thoroughfares and from such other streets as may be found practicable. (2) Of the framing of regulations controll- ing the use of sidewalks and gutters by abutting owners and occupants for tbe dis- position of sweepings, refuse, garbage or light rubbish, whch, when so framed and ap- proved by the board of public improvements and the municipal assembly shall be pub- lished in like manner as city ordinances, and shall be enforced by the police department in the same manner and to the same ex- tent as such o^rdinances. Sec. 536. The term streets as used in this title shall not he deemed to include such mac- adamized streets as are within any park or are under control or management of the de- partment of parks, nor such wharves, piers and bulkheads or slips and pants of streets and places as are by law committed to the custody and control of the department cf docks and ferries. Street cleaning deiiartincnt ; mcmliers of; clerical and nniformcd forces. Sec. 536. The members of the department of street cleaning shall be divided into two general classes, to be designated, respectively. the clerical force and the unllormed force. The clerical force shall consist of a chief clerk, medical examiners, not exceeding three in number, and such and so many clerks and messengers as the commissioner of street cleaning shall deem necessary; but the aggre- gate salaries of the said clerical force shall not exceed in any year the amount appropri- ated therefor by the board of estimate and apportionment. The uniformed force shall be appointed by the commissioner of street cleaning and shall consist of one general super- intendent, one assistant superintendent, one superintendent of stables, one superintendent of final disposition, one assistant superinten- dent of final disposition, district superinten- dents, not exceeding twenty-one in number; time collectors, not exceeding eight in number; section foremen, not exceeding one hundred and twenty-five in number; dump inspectors, not exceeding forty-three in number, assistant dump inspectors, not exceeding forty-three in number; tug and scow inspectors, not ex- ceeding twenty-five in number; sweepers, not exceeding thirty-one hundred in number; dump boardmen, not exceeding forty-three in number; drivers, not exceeding sixteen hun- dred in number; stable foremen, not exceed- ing twenty-one in number; assistant stable foremen, not exceeding twenty-one in number; hostlers, not exceeding one hundred and forty- six in number; a master mechanic and such and so many mechanics and helpers as may be necessary; but the aggregate salaries of such mechanics and helpers shall not exceed In any year the amount appropriated therefor by the board of estimate and apportionment and the municipal assembly. The commissioner of street cleaning shall have power and is here- by authorized to Increase the said uniformed force, from time to time, by adding to the number of sweepers, drivers and hostlers, pro- vided the board of estimate and apportionment and the municipal assembly shall have pre- viously made an appropriation for the purpose of permitting such increase. The annual sal- aries and compensations of the members of the uniformed force of the department of street cleaning shall be fixed by the board of esti- mate and apportionment and shall not exceed the following; Of the general superintendent, •three thousand dollars; of the assistant super- intendent, two thousand five hundred dollars; of the superintendent of stables, two thousand dollars; of the master mechanic, one thousand eight hundred dollars; of the superintendent of final disposition, two thousand dollars; of the assistant superintendent of final disposi- tion, one thousand five hundred dollars; of the district superintendents, one thousand eight hundred dollars each; of the time collectors, one thousand two hundred dollars each; of the section foremen, one thousand two hundred dollars each; of sweepers or drivers acting as assistants to the section or stable foremen, nine hundred dollars each; of the dump in- spectors, one thousand two hundred dollars each; of the assistant dump Inspectors, nine hundred dollars each; of the tug and scow in- spectors, one thousand two hundred dollars each; of the dump boardmen, seven hundred and twenty dollars each; of the sweepers, sev- en hundred and twenty dollars each; of the drivers, seven hundred and twenty dollars each; of the stable foremen, one thousand three hundred 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 Sun- days if an appropriation therefor is made by the board of estimate and apportionment. The members of the department of street cleaning shall he employed at all such times and during such hours and upon such duties as the com- missioner of street cleaning shall direct, for the purpose of an effective performance of th* work devolving tipon the said department. In case of a snow fall or other emergency, the commissioner of street cleaning or the deputy commissioner may hire and employ tempora- rily such and so many men, carts and horses as shall 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 so 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 temporarily employed at any time as an extra driver or sweeper to fill the place of a driver or sweeper who is suspended or tem- porarily absent from duty from any cause. The rate of compensation of such extra drivers or sweepers shall be two dollars per day, and the driver or sweeper whose place is so filled shall not receive any compensation for the time during which he is so absent from duty or his place is so filled, unless such injury or illness was contracted In the service of the department. The services of any person em- ployed, and of carts and horses hired pursu- ant to this section, shall be paid for in full and directly by the department of street clean- ing, 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 street cleaning and not through contractors or other persons, unless the com- missioner himself shall determine that this requirement must for proper action in a partic- ular instance be dispensed with. Nothing herein contained shall affect any existing con- tracts made with or by the department of street cleaning in regard to the cleaning of Broadway below Fourteenth street in said city or the renewal thereof, if deemed best by the commissioner of said department. [Thus amended by Chapter 261, Laws of 1899.). Id.; removnl of iuem1>ers of clerical and uniformed forces. Sec. 537. No member of the clerical force of the department of street cleaning shall be^ removed until he has been informed of the cause of the proposed removal and has been allowed an opportunity of making an ex- planation and in every case of removal the true grounds thereof shall be entered upon the records of the department. The commis- 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 ciiminal offense or neglect of duty, violation of rules, or neglect or disobedience of orders, or inca- pacity, or absence without leave, or conduct injurious to the public peace or welfare, or immoral conduct, or any breach of discipline, to punish the offending party by forfeiting or withholding pay for a specified time, sus- pension without pay during such suSpenision 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 offense. The said commissioner is also authorized and em- powered, in his discretion, to deduct and withhold pay, salary or compensation from any member or members of the force for and on account of absence for any cause without leave. All fines imposed and pay deducted or withheld under the provisions of this sec- tion, shall be retained by the controller to the credit of the apportionment for the de- partment of street cleaning, and shall be ap- plicable, in the discretion of the commis- sioner of street cleaning, to any of the pur- poses of said department, as if originally ap- propriated therefor. Absence without leave of any member of' the uniformed force for THE CHARTER OP THE CITY OP NEW YORK, 55 five consecutive days shall be deemed and held to be a resignatioin, and the member so absent shall at the expiration of said period cease to be a member of said force and may be dismissed therefrom without notice. No leave of absence exceeding twenty days in any one year shall be granted or allowed to any member of the uniformed force, except upon condition that such member shall waive or release not less than ooe-hailf of all salary, pay or compensation and claim there- to or any part thereof during such absence. The said commissioner o^ street cleaning is hereby authorized and empowered, from time to time, to make, adopt, enforce rules, or- ders and regulations conformable to the pro- visions of this act for the government, admin- istration, discipline and disposition of the said department 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, suspen- ded, or dismissed the true cause for such fine, suspensi'on or dismissal shall be entered in writing in a book to be kept for that purpose by the commissioner of street cleaning, which book shall be a public record. A copy of the rules and regulations or of any or eithM- 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 m any court or before any tribunal, commissioner or commissioners, board or competent body, with the same force and effect as the original. Members of department not liable to military- or jury duty. Sec. 538. No person holding any office or position under the department of street clean- ing shall be liable to military or jury duty. Division of streets into districts; al- lotment of sweei»ers. Sec. 539. All the paved avenues, streets, lanes, alleys and places in said city which the department of street cleaning is by this act charged with the duty of cleaning, shall be cleaned and kept 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 al- lotted a fixed area of street surface according to the character of the locality, of which al- lotment a record shall be kept in the depart- ment of street cleaning, and shall be a public lecord, but nothing in this section contained shall be deemed to prevent the commissioner of street cleaning from causing the labor of the sweepers to be supplemented by the use o-f sweeping machines in such streets and avenues as to him may seem proper. It shall be the duty of the commissioner of street cleaning to divide the city into a suitable number or districts, not exceeding 21, each of which shall be under the charge and super- vision of a district superintendent who shall be directly responsible to the general super- intendent, and also to the commissioner of street cleaning for the cleanliness of his dis- trict. Each of said districts shall be by said commissioners subdivided into sections in charge of foremen responsible to the district superintendent, as well as to the general su- perintendent and to the commissioner of street cleaning for the cleanliness of his section. It shall be the duty of said commissioner of street cleaning to make such allotment and designation 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 assistant shall have one particutar district or section In which to perform all the work to which he is allotted. But nothing herein contained shall be so construed as to prevent the com- missioner of street cleaning from transfer- ring, at his discretion, members of the uni- formed force, from one district or section to another, nor from temporarily employing all or any number of said uniformed force in a particular street or streets, section or sec- tions. Department of docks ; to keep wliarves, etc., clean. Sec. 540. The department of docks shall have power and authority, and it is hereby made its duty to cause the wharves, piers, bulkheads, heads of slips and portions of any streets and places by law committed to the custody and control of said department of docks, to be thoroughly cleaned and kept clean at all times, and to remove from said wharves, piers, bulkheads, heads of slips and portions of streets and to dispose of all sweep- ings, ashes and garbage. And for the purpose of disposing of the sweepings and other refuse removed by said department of docks the said department of docks shall have the right and is hereby authorized to use concurrently with the said department of street cleaning such dumping boards, slips and piers as may be assigned to and set apart for the use of said department of street cleaning, and all con- tracts made by the commissioner of street cleaning under this act for the removal of ashes and garbage and sweepings shall pro- vide for the removal of such ashes, garbage and sweepings as may be required to be re- moved by said department of docks. Commi-ssioiier of street elesiiiiiifr; pow- er to olttoiii plant, stipplie.s, etc. Sec. 541. The said commissioner of street cleaning shall have power, and it shall be his duty, to purchase or hire from time to time for his use as such commissioner, at current prices, such and so many horses carts, steam tugs, scows, boats, vessels, ma- chines, tools and other property as may be required for the economical and effectual per- formance of his aforesaid duty, or to con- tract for the construction of any such tugs, scows, boats, vessels, carts, machines, tools or other property: or for the sweeping of streets and the removal of street sweepings by machine and also to contract for the cremation, utilization or burning of street sweepings, refuse and garbage; or for the melting or removal of snow upon or from any streets or avenues or parts thereof; the title to property so pur- chased or constructed shall be in the city of New York. All such hiring, or purchases, or contracts, however, exceeding $1,000 in amount at any one hiring or purchase, shall be let by contract to the lowest bidder there- for, founded on sealed bids or proposals made in compliance with public notice advertised in the City Becord; such notice to be pub- lished at least ten days prior to the opening of such proposals or bids. Provided, that nothing herein contained shall prevent said commissioner, vvhenever it shall be necessary, to hire such boats, steam tugs, scows, vessels, machines, tools or other property for a day or trip, and tor successive days or trips, with- out advertising or contract founded on seal- ed proposals or bids, at compensation by the day or trip, notwithstanding the aggregate compensation for such successive days or trips may exceed said sum of $1,000. The said commissioner is hereby authorized, when- ever and as often as, in his opinion, the pub- lic interests shall require, to reject all bids or proposals received in answer to any such advertisement, 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 authorized to sell, at public auction, any plant, material, horses, carts, scows or other property, used in any v/ay in connection with the work of cleaning streets, but before any such sale shall be made a notice thereof stating the time and place of sale shall be published in the City Record and the corporation news- papers for at least ten days immediately pre- ceding such sale, and the proceeds arising from such sale, after deducting the neces- sary expenses thereof, shall be paid into the city treasury to the credit of the general fund for the reduction of taxation. The said commissioner is hereby authorized, with the consent and approval of the board of sink- ing fund commissioners, to hire or lease suitable and sufficient offices for the trans- action of the business under his charge, and also such stables and other buildings or parts of buildings or plots of ground as may, from time to time, he necessary. All carts used by .said department of street cleaning shall be of such size, form and construction as to prevent escape during transit of dust, or of any refuse car- ried therein. Piers, docks, slips, etc,, for use of de- partment. Sec. 542. The department, bureau or city of- ficer, authority or authorities, which shall from time to time have the managament and control of the public docks, piers and slips of the city, shall designate and set apart for the use of said commissioner suitable and suf- ficient slips, piers and berths in slips, located as the said commissioner may require, and such as shall be convenient and necessary for his use in executing the duty hereby im- posed upon him, excepting slips, docks and piers on the East river set apart for the use of canal boats. The said commissioner may, with the approval, in writing, of the board of estimate and apportionment, lease piers, slips or wharves for the necessary purposes of the duties by this chapter conferred whenever suitable piers, slips or wharves owned by or under the control of the city cannot be obtain- ed or are not set apart and designated as la this section provided. Uniform, badges, etc., of uniformed force. Sec. 543. The commissioner of street clean- ing is hereby authorized and directed, from time to time, to prescribe distinctive uni- forms, badges and Insignia to be worn and displayed by the several members of the uniformed force of said department and to prescribe and enforce penalties for the failure to wear and exhibit the same by any member of said force while engaged in the work of tha department. Special eoiitraets for disposition of sweeiiing'.s, asiies, garbage, etc. Sec. 544. Said commissioner shall have pow- er CO enter into contracts with responsible persons and parties for the final disposition, for periods not exceeding five years, of all or any part of the said street sweepings, ashes, or garbage, and such other light refuse or rubbish when collected; provided always that such contract shall be approved bo'di as to terms and conditions by the board o'f esti- mate and apportionment. All contracts shall be entered into on behalf of the city hy the commissioner with adequate security. He shall advertise for proposals in such newspa- pers in the city as he -may designate, not ex- ceeding three in number, for ten days, to perform the work in such form and manner and on such terms and conditions as he may prescribe. Such proposals may be for the performance of all or such part or portion of the work as he shall require. Each projpoeai 56 THE CHARTER OF THE CITY OF NEW YORK. must be accompanied by a certified check on a solvent banking corporation in the city, payable to the order of the controilier for 5 per cent, of the amoumt for which the work bid for is proposed in any one year to be per- formed. Prom the proposals so received he may saleo'., the bid or bide, 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 ac- ceptance of any hid 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 con- tracts hereby authorized shall be approved by the controller, and all contracts and bonds se- curing the same shall bo approved as to form by the counsel to the corporation. Proceeding's for removal of truclis, ete., from streets, regulated. Sec. 545. It shall be the duty of the com- missJoner of street cleaning to remove, or cause to he removed, all unharnessed trucks, carts, ■n'-agons 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 portion of marginal otreet, or place, or wharf, which, by the pro- vision of any law or sitatute, is committed to Che custody and control 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 commissioners, to lease a ssitable yard or yards to which the trucks, carts, wagons and vehicles, boxes, bales, barrels and other things, removed under the authority of this section, shall be taken, and the said commis- sioner shall, from to time, as often as he shall deem necessary, sell, or cause to be sold, as hereinafter provided at public auc- tion, at such yard or yards, the said trucks, carts, wagons, vehicles, boxes, barrels, and other things so removed. Whenever the said commissioner or deputy commissioner shall have removed or caused to be removed any such trucks, carts, wagons, vehicles, boxes, barrels, hales or other things, and shall deem it necessary to sell them, and before making the sale thereof, he shall file with a justice of a municipal court of the city of New York, a written petition, verified by oath, setting forth the facts which bring the case witnin this section, together with a brief description of each of the trucks, oarts, wagons, vehi- cles, boxes, barrels or other things so re- moved in his custody and possession as street cleaning commissioner at the time of filing such petition, stating either the name of the owner or that his name is not known to the said petitioners, and cannot be ascertained with reaso'nable diligence, and praying for a final order, directing the sale of the property so seized and removed, and the application of the proceeds thereof as herein prescribed; and upon the presentation of said petition the justice must issue a precept under his hand, directed to the persons whose names appear in the said petition as owners, it stated in the petition, or if not stated, ■directed generally to all persons having any interest in the property so seized and re- moved, and briefly reciting in substance the other facts stated in the petition, and re- quiring the person or persons to whom the precept is directed to show cause before a justice at a time and place specified therein, not less than ten nor more than twenty days after the issuing of the precept, why the prayer of the petition should not be granted. The said precept shall be .served by posting a copy thereof in at least two public and con- spicuous places in said city, one of which .shall he the office of the said commissioner of street Cleaning, and the second of i\’hich shall be the yard to which the property shall have been removed, and a copy of which precept shall be so posted within three days after the precept shall have been issued; and a orief abstract of said precept shall be published in the City Record and corporation newspapers within five days after the issue, and not later than three days before the return day men- tioned in the precept. At the time and place when the precept is returnable the said com- missioner or deputy commissioner must fur- nish proof of the service of said precept as herein prescribed, and any person named in the petition ajid precept or otherwise, hav- ing an interest in the property seized, may appear on the return day of the paid precept and make himself a party to the proceeding by filing a written answer, subscribed by him or his attorney, and verified by the oath of the person subscribing it, denying absolutely, or upon information and belief, one or more material allegations in the petition, and set- ting forth his interest in the property seized. The subsequent proceedings before the justice shall be the same as in an action in the mu- nicipal court where an issue of fact has been joined, and if the decision of the justice is in favor of the petitioner, the justice must make a final order, the same as though no appearance or trial were had, except to recite the appearance and trial before him. If no person appears and answers the justice shall make a final order, directed to the commis- sioner of street cleaning, commanding him to sell, at public auction, all of the property seized and described in the petition, at the yard to which said property was removed, for the best price which he can obtain there-, for. Before making any such sale the said commissioner or deputy commissioner shall give public notice in the City Record, and corporation papers, as by this act pre- scribed, not later than three days before the day of such sale, and such notice of sale shall specify the time and place of such sale, and shall contain a general description of the property to be sold, but no particular de- scription of any article shall be contained 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 designated for such sale by said commissioner. Immediately after such sale the commissioner of street cleaning shall pay to the controller the proceeds of such condemnation and sale, and shall, at the same time, transmit to the controller an itemized statement of the articles sold, with the price received for each article and a certificate of the costs and expenses incurred by the said commissioner in making such condemnation and sales. The controller 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 expenses of such condemnation and sales, as herein- before provided, and, in addition thereto, such an amount for each incumbrance seized or taken, condemned and sold as hereinbefore ■provided, not to exceed ten. dollars, as may be estimated and fixed by the commissioner of street cleaning as necessary , to pay the cost of seizing, removing and keeping or storing such incumbrances; and the remainder of the moneys realized from such sale shall be paid, without interest, to the lawful owners of the several articles sold. Any payment to a per- son apparently entitled thereto, under the provisions of this section, shall be a good de- fense to the city against any other person claiming to be entitled to such payment, but I if the person to whom such payment is made is not in fact entitled thereto, it shall be law- ful for the person or persons to whom the same ought to have been paid to recover the same with interest and costs "of suit as so much money had and received to his, her or their use by the person or persons to ■ft’hom the same shall have been paid. The owner of any truck, cart, wagon, vehicle, box, bar- rel, bale or other thing removed from any public street or place under the provisions of this section, may redeem his property at any time after its removal upon payment to the commissioner of street cleaning of such sum as he may fix, not to exceed ten dollars for each article redeemed. The sum thus paid shall be immediately transmitted to the controller, and by him added and credited to the appropriation for the department of street cleaning, under the provisions of this act, and may be used by the commissioner for any of the purposes of said department, as if originally included in the appropriation thereof, by the board of estimate and appor- tionment. Nothing in this section contained shall be deemed to authorize the summary removal of materials for any public work or improvement in course of construction. Ijimitatioii of amoiiiit of expense for street clcanius; Ijonds to be issued by controller for purebase of plant. Sec. 546. In no case, except as in this section provided, shall the amount expended by the commissioner of street cleaning exceed the amount appropriated for the said depart- ment by the board of estimate and apportion- ment and tile municipal assembly, but, for the more effectual carrying out of the provisions of this act, the said commissioner of street cleaning may, with the approval of the board of public improvements and of the board of estimate and apportionment, purchase or con- struct stock or plant, including bouses, dump- ing boards or places or buildings or structures necessary for any purpose pertaining to the business of the department, of durable char- acter Intended to be used for a term of years, to be paid for by the issue and sale of bonds, and the controller shall issue such bonds as may be necessary for such purpose. Such bonds shall be of such amount and to run for such term as may be determined by said con- troller, by and with the authority of the mu- nicipal assembly, not less than ten, nor more than fifty years, and shall bear interest not exceeding 4 per cent, per annum and shall not be sold at less than the par value thereof. If the necessary cost of removing snow or ice from the streets and avenues shall, in any one year, exceed the amount appropriated therefor, the hoard of estimate and apportio.nment may authorize such additional expenditure as may be re- quired 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 controller shall raise the amount of such additional expenditure by the issue and sale of revenue bonds, and shall place the amount so raised to the credit of the department of street cleaning, to supply the amount of the deficiency occasioned by such additional expenditure. Devolution o£ poivers of formex’ boards Sec. 547. All the powers and duties con- ferred upon the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York, or upon any board or officer thereof, or upon the corporation known as the City of Brooklyn, or upon any board or officer thereof, or upon the corporation known as Long Island City, or upon any board or officer thereof, and upon any other municipal corporation, town or village, within the coudtj THE CHARTER OP THE CITY OF NEW YORK. of Richmond or within so much of the terri- tory of the county of Queens as is by this act annexed to the municipal corporation known as the mayor, aldermen and commonalty of the city of New York, and consolidated into the municipality known as' the city of New York, relating in any way to the sweeping and cleaning of the streets, avenues, highways, boulevards, squares, lanes, alleys and other public places of the city, and of the removal, or other disposition as often as the public health and the use of the streets may require, of ashes, street sweepings, garbage and other light refuse and rubbish, and o? the removal of snow and ice from leading thorough- fares and from such other streets as may be found practicable; of the removal of encum- brances; of the issue of permits to builders and others to use the streets, avenues, high- ways, boulevards, squares and public places, but not to open them; of the framing of regu- lations controlling the use of sidewalks and gutters by abutting owners and occupants for the disposition of sweepings, refuse, garbage or light rubbish, are hereby vested in the city of New York, and as matters of administra- tion devolved upon the commissioner of street cleaning of said city, to be by him executed pursuant to the powers, provisions and limita- tions of this act. TITLE 7. DEPARTMENT OF SEWERS. Commissioner of sewers; appointment; salary. I Sec. 555. The head ot tne department of sew- ers shall be called the commissioner of sew- ers. He shall be appointed by the mayor and hold office as provided in chapter IV of this i act. His salary shall be 57,500 a year. Id.; jnrisdiotion and dnties. Sec. 556. The commissioner o' sewers shall have cognizance and control of all subjects relating to the public sewers and drainage of the city, and sha’l initiate the making of ^11 plans for the drainage of the city, except as otherwise specifically provided in title 2 of this chapter. He shall have charge of the construction of all sewers in accordance with said plans. He shall prepare and execute all contracts and specifications relating to the sewers for submission to the board of public improvements, and shall supervise all work done under such contracts. He shall have In charge the management, care and mainte- nance of the sewer and dnainaga system ot the city and the licensing of all cisterns and cesspools. Id.; overflow sewers ; where discharged Sec. 557. Any overflow sewers which may be deemed necessary for the relief of any main sew’ers now constructed or which may hereafter be constructed in said city, may be discharged into the waters adjacent to said city, or into the Gowanus canal, or any other tanal or inlet in said city, at such points as in his Judgment may be most convenient. Canals to be kept free from ohstrue- tions. Sec. 558. It shall be the duty of the city of New York to keep any canal free from any obstructions that may be occasioned by the reason of the emptying of said overflow sew- ers into It, and for that purpose the depart- ment of sewers of said city is authorized and directed to dredge the same from time to time. Commissioner; power to construct temporary sewers; expenses of same. Sec. 55?. Whenever it shall become neces- sary to construct a sewer or drain for the purpose of preventing damage to property or to abate a nuisance, and it shall become im- practicable to proceed immediately to the construction of the same in accordance with any plan already adopted, pursuant to title 2 of this chapter, on the approval of the board of public improvements, the said commission- er snail have power to construct a temporary sewer or drain 'in such manner as to avoid such damage or to abate such nuisance, and the cost of such temporary sewer or drain shall be assessed upon the property draining into the same and benefited thereby. And such assessments shall be enforced, levied and collected in the manner provided in chapter XVII of this act. Permits for construction of private sewers; procedure; becomes propex’ty of city when itaSd for by, etc. Sec. 560. A permit for the construction of sewers in the streets of said city by pri- vate property owners shall only be granted upon the parties proposing to construct such sewer first filing with the commissioner of sewers, plans and specifications of such pro- posed sewer, conforming to the general plan for the cou=truction of public sewers in said city, on file in the office of the board of pub- lic improvements and a duplicate copy of the contract for the construction of such sewer, showing the cost of the construction thereof, together with a satisfactory guarantee to said commissioner for the payment of the neces- sary expense of the said department of sew- ers, in the supervision of the construction of said sewer. And upon approval of such plans, specifications and contracts, by the commissioner ot sewers and the board of pub- lic improvements the said commissioner shall issue his permit for the construction 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 each side of that part of the street through which said sewer shall be constructed. The said board of assessors shall as soon as practi- cable report such apportionment of such cost to the said commissioner ot sewers. Said commissioner shall grant permits for con- nection with said sewer, to be constructed as aforesaid, only to such owners or occupants of the property abutting on that part of such street through which said sewer shall be constructed as shall produce to said commis- sioner of sewers satisfactory proof of the pay- ment by him or them to the parties who con- structed and paid for such sewer, of the amount of the proportionate part of the cost of the construction of said sewer appor- tioned as aforesaid to the property sought to be connected with said sewer, and no per- mit shall be issued for, nor shall any con- nection be allowed with said sewer, nor with any sewer heretofore constructed hy the own- ers of the abutting property by private con- tract from any abutting property until the proportionate part of the expense of the con- struction of such sewer shall have been paid to the parties entitled thereto by the own- ers of such abutting property, and satisfactory proof thereof made to said commissioner of sewers. And when constructed, except for tfae pur- pose of supervision, maincenance and use by the city of New York in connee'eion with Its public sewer system, said sewer shall be deemed the private property of the persons who shall have paid for its construction until tile owners of all the property abutting on tliat part of the street or avenue in which said sewer shall be laid, shall have paid their sev- eral shares of the cost of the construction of said sewer, but wtien the same shall have been fully paid for by all tbe owners of abutting property, then the same shall be the property BT l Oiirt" '. - - of the city of New York, and deetaed to have been fully dedicated, to said city. Id.; power to acquire lands for sewers. Sec. 561. The city of New York is authcr- ized to acquire title for the use of iftie public to all or any of the lands and premises re- quired for sewers or to easements therein for that purpose, whetherr the same be above or below high water mark or ■onder water. The beard of public improvements, at the re- quest of tbe commissioner of sewera, is au- thorized to direct the same to be done. It sball be the duty of the corporation coun- sel, when requested In writing by the board ol public improvements. Immediately to Insti- tute a proceeding to acquire title for she use of the public to the lands and premises or easements ttjeirein-, required for the building of sewers or drains, in the same m-aniner that is provided by this act for tbe acquisition, ot lands for the purpose pf opening streets.’ Tbe expenses incurred in tbe acquisition ol such lands and premises, with the buildings and improvements tbereon, so fer as the same shall be taken in sucb a proceeding, shall be assessed in accordance with the provisions of this act relating to the opening of streets upon all the property deemed by the commissioners of estimate and assessment appointed in such proceeding to be benefited by tbe acquisition of such lands for sucb purpose, and upon the owners thereof or persons interested therein. Proposals and contracts for sewerage work. Sec. 662. The commissioner of sewers, upon the completion of the plan of sewerage of any district, upon the filing of copies thereof, as required by title 2 of this chapter, or as soon thereafter as may be deemed convenient and necessary, shall, with the approval of the board of public improvements, cause printed specifications to be made in accordance with said plan of the work proposed to be done in said district, and shall thereupon invite pro- posals in the manner now required by law, and shall contract for the whole or any part of the woik in said district. Commissioner authorized to purchase supplies. Sec. 56.2. In order to provide for the more effectuaJ and economical construction of sewers, the commissioner of sewers, with the approval o^f thb board of public improvements, may contract In pursuance of law for such materials used in the construction of sewera and in such quantities as he may deem proper, and it shall be the duty of tbe controller, out of the appropriate fund or from the proceeds of assessment bonds authorized to be issued, upon the requisition of said commissioner, to pay for such materials, and tbe expenses for engineers, surveyors, inspectors or other per- sons employed by authority of said commis- sioner in the construction of sewers. Peualty for iujuvy to sewers. Sec. 564. All provisions of law creating civil and criminal liabilities from wrongs and in- juries done to tbe water works of the city of New York and providing remedies for the redress thereof, and the prosecution and punishment of person® committing the same, shall apply in like manner and extent to wrongs and injuries done to sewers in che said city. Devolution of powers of the commis- sioner of street improvements in the 23d and 24th wards. Sec. 565. All the powers, privileges and du- ties of the commissioner of street improve- ments in the Twenty-third and Twenty-fourth wards of the city of New York, as heretofore constituted, which in any way relate to th« public sewers and drainage of the said Twent|> 68 THE CHARTER OF THE CITY OF NEW YORK. 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 cesspools therein, and of all matters in any way relating to the construc- tion, maintenance and care of the sewer sys- tem and drainage of said wards, are hereby vested in the city of New York, as here- by constituted, and as matter of ad- ministration devolved upon the commis- sioner of sewers of the city of New York to be by him executed in accordance with the provisions, directions and limitations of this act. Devolution of powers of former boards Sec. 566. All powers and duties heretofore cO’Uf erred upon the city of New York as here- tofore known and bounded, or any of the of- ficers thereof, or upon the city of Brooklyn, or any of the officers thereof, or upon Long Island City, or any of the officers thereof, or upon any board of public officers acting within any of }.he territory of the county of Richmond, o'- within that part of the territory of the county of Queens, hereby annexed by this act to the corporation known as the may- or, aldermen and commonalty of the city of New York, and by this act consolidated into one municipal corporation, which in any way relate to the public sewers and drainage of the said cities, municipal corporations, towns or territory, and to the construction, repair and cleansing of sewers and underground drains and of the licensing of cisterns and cesspools therein and to all matters in any way concerning the construction and care of the sewer system and drainage thereof, so far as such powers and duties are consistent with and conformable to the provisions of this act, are hereby vested In the city of New York, and as matter of administration de- volved upon the commissioner of sewers of the city of New York, to be by him executed In accordance with the provisions, directions and limitations of this act. Sec. 567. Construction of lateral sewers on behalf of private owners. — Whenever a ma- jority in amount, according to the last pre- ceding assessment, of the owners of land comprising at least thirty acres in one body, shall petition for leave to construct and con- nect lateral sewers in and upon the land in question, the commissioner of sewers shall, unless the same has already been done, pre- pare plans and specifications of such proposed sewers conforming to the general plan for the construction of public sewers in said city. One copy of said plans and specifications shall be filed in the office of the board of public im- provements, and a duplicate copy in the office of the commissioner of sewers. The commis- sioner of sewers may require a guaranty satisfactory to himself for the payment of the necessary expense of the department of sew- ers in the preparation of such plans and speci- fications. Upon the approval of such plans and specifications by the commissioner of sewers and the board of public improvements, the commissioner of sewers shall, at the re- quest of the petitioners, cause bids to be ad- vertised according to law for the building of any portion of said sewers to be named by said petitioners, but not less than $10,000 in amount (or one mile in length). Upon the opening of said bids the commissioner of sew- ers may award the said contract, as provided by law, but conditional upon the deposit of the amount thereof by or on behalf of the petitlonars as hereinafter provided. There- upon the commissioners of sewers shall noti- fy in writing said petitioners and the control- ler of such award and the amount that will be required thereunder to construct and build Uie said sewers. Within thirty days there- after the said petitioners shall pay or cause to be paid to the controller 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 controller within the time aforesaid, then all proceedings hereun- der shall be null and void, and after deducting from the money already deposited by or on behalf of the petitioners, or secured by them to be paid, the amount of all expenses in con- nection with said proposed sewers, the con- troller shall return the balance of said money, if any, to the petitioners or their, assigns. If the petitioners shall deposit the money for the purpose of carrying out said contract, as above provided, the commissioner of sew- ers shall duly award said contract to the bid- der entitled thereto, and shall proceed to the construction and completion of said sewers, When the said sewers shall have been com- pleted, the commissioner of sewers shall de- liver to and file with the controller and also with the board of assessors of said city a cer- tificate setting forth the amount of the entire cost of such portion of said sewers, including the interest accrued on skid deposit to the date of said certificate, together with a map and statement showing the location and gen- eral character of the sewer. Thereupon said board of assessors shall apportion and assess the cost of said sewers and the other ex- penses arising under this act upon the lands and premises affected thereby in pro- portion to the amount of benefit derived by each of said lots without regard to the assess- ed valuation thereof, as in their judgment shall be just, and shall prepare a list show- ing the separate parcels so benefited, and the amounts so assessed upon the same respective- ly, and thereupon the same proceedings shall be had for confirmation of said assessment and apportionment as is provided in this charter, and said assessment and apportionment shall include interest to the date of such confirma- tion. The confirmation of said assessment and apportionment shall be final and conclu- sive upon all owners of land and all persons affected therebv. The board of assessors shall thereupon divide the amount apportioned and assessed upon each parcel of land affected thereby into twenty equal annual parts or in- stallments, together with interest upon each installment at the rate of 6 per centum per annum from the date of such confirmation of the apportionment and assessment to the first day of September in each of said twenty years successively, and shall duly enter their said apportionment and assessment, with Interest as aforesaid, and in said twenty yearly install- ments in books which they shall properly cer- tify. Thereupon said board shaii deliver to and file in the offices of the comptroller and of the collector of assessments and arreare, re- spectively, one copy of said books of appor- tionment and asseissment. On the first day of September 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 thereby, and the said filing in his office of the saidapportionmentand assessment shall be to the collector of assess- ments and arrears a full and proper warrant for collecting 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 manner and subject to the same rebate and default as is provided by law in the case of assessments in said city affecting the lands in question, and all the provisions 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 assessments provided for herein. Each one of the said several an- nual installments levied as aforesaid in each year shall, notvflthstanding any other provis- ions of this charter, be a lien upon the land or parcels of land affected thereby only from the time the same shall be respectively levied. The owner of any parcel of land so assessed may at any time after the first installment shall have become due and payable, pay to the , controller of the city of New York all the installments not levied of the sum made chargeable on said land, as ascertained by the board of assessors as provided for in this sec- tion, with the proper deduction or rebate for any interest for any period subsequent to the date of said payment and Included in said un- paid installments, respectively, upon said books. Thereupon the said land shall be dis- ehargeo from all further liability on account of such assessments. For the purpose of mak- ing such payment, such owner shall present to the controller the certificate of the col- lector of assessments and arrears showing the amount of said installments not lev- ied and paid, and upon receiving such payment the comptroller shall certify the same to the collector of assessments and arrears, who shall thereupon cancel the assessments so paid. The collector of assessments and arrears shall cause to be printed on all bills made out in his office for installments of said assessments a reference to this section and a notification that the remaining installments may be paid and canceled in the manner here- in provided. Whenever the petitioner or their assigns or nominees shall have paid, or shall have caused to be paid, to the comptrol- ler the sum of money required to construct and build said sewers or any portion thereof, as specified in the said contract or contracts, 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 peti- tioners, or their nominees or assigns. When- ever the said money shall have been so paid by said petitioners, or their nominees or as- signs, the comptroller shall execute to the person or corporation so paying said money a certificate in writing, stating that said money has been so paid, and that the person or corporation holding said certificate is en- titled to receive the money so assessed to- gether with interest thereon at the rate of si.x per centum per annum, and that the city will pay over from time to time said moneys and interest as they shall be received and col- lected under this section. The petitioners, or their assigns, may from time to time desig- nate 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 provided shall be taken for the building and complet- ing of the said sewers so successively desig- nated, and for assessing and collecting the amounts expended for constructing said sewers. In constructing this section, sew- ers twenty-four inches or less in diam- eter shall be deemed to be lateral sew- ers, and all sewers exceeding twenty-four inches in diameter shall be deemed to be trunk sewers. If, in any case, the moneys deposited with the comptroller shall exceed the cost of building and completing the sewers for w'hich the said moneys were deposited, the comptroller 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 t» THE CHARTER OF THE CITY OP NEW YORK. 59 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 comptroller may retain any such balance out of the first moneys coming into his hands from assessment upon the property upon which the said sewers were constructed. The petitioners shall have the right to appoint in writing an attorney or nominee to 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 a nominee or attorney shall be irrevocable with- out the consent of said nominee or attorney. Nothing herein contained shall in any way prevent the city of New York from taking such action 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. [Amended by Chapter 568, Laws 1899.] TITLE 8. THE DEPART3IEXT OF PUBLIC BUILD- INGS, LIGHTING AND SUPPLIES. Commissioner; appointment, term, salary. Sec. 572. The head of the department of public buildings, lighting and supplies shall be cjalled the commissioner of public build- ings, lighting and supplies. He shall be ap- pointed by the mayor and hold office as pro- vided in chapter IV of this act His salary shall be seven thousand five hundred dollars a year. Id.; jnrisdictioii. Sec. 573. The commissioner of the depart- ment of public buildings, lighting and sup- plies shall have cognizance and control of (1) The construction, repairs, cleaning and maintenance of public buildings, except school houses, alms houses, penitentiaries and fire and police station houses, and other buildings whose care and custody are otherwise provid- ed for in this act. (2) Of the mahing and performance of con- tracts when duly authorized in acco.rd with the provisions of this act, and for the ex- ecution of the same in the matter of furnish- ing the city, or any part thereof, with gas, electricity or any other illumlnant; cf the selecting, locating and removing and changing of lights for the use of the city; of the in- specting and testing of gas and electricity used for light, heating and power purposes, gas meters, electric meters, electric wires and of all lights furnished to said city; and of the use and transmission of gas, elec- tricity, pneumatic power and steam for all purposes A, upon, across, over and under all streets, roads, avenues, parks, public places and public buildings; of the construction of electric mains, conduits, conductors and sub- ways in any such streets, roads, avenues, parks and public places, and the granting of the permission to open streets, when approved by the department of highways, 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 serv- ice of pneumatic J;ubes. (3) Of the care and cleaning of all offices leased or occupied for public uses. (4) Of the location, care, management and maintenance of the public baths. (5) Of the location, erection, establishment and maintenance of public urinals. (6) Of the purchase of fuel, furniture, uten- sils, books and other articles needed for the public offices, which are to be fur- nished upon the receipt of a written requisi- tion signed by the head of the department or office in which the same is required, and by the principal officer in charge of the sub-divi- sion. The said commissioner shall prepare all contracts relating to his department for sub- mission to the board of public improvements. Consaltlng engineer; duties. Sec. 574. The consulting engineer of light- ing and electricity shall, when requested by the commissioner of public buildings, light- ing and supplies, examine problems arising from the use of gas and electricity and steam affecting public interests in said city from time to time, and shall report thereon to the said commissioner from time to time as he may be required. He shall recommend to the said commissioner proposed ordinances for the use and control of gas and electricity and steam, which the said commissioner may submit to the board of public Improvements; and he shall perform such other duties as the said commissioner may from time to time require. Commissioner; to cause tests to be made. etc. Sec. 575. The said commissioner shall causie tests to be made of all gas used for lighting, heating and power purposes, shall cause in- spections to be made of gas and electric lights furnished to the city, and of gas meters and electric meters and electric wiring, as such tests may be provided for by the proper ap- propriation; the said commissioner shall cause tests to be made of all meters in use in said city for measuring or ascertaining the quantity of gas or electricity or steam fur- nished by any corporation or person in said city within one year after this act shall take effect; and thereafter no corporation or person shall furnish or put in use any gas or electric or steam meter which shall not have been inspected, approved and sealed by the inspectors, and every such corporation or person shall provide and keep in or upon their premises a suitable and proper appa- ratus to be approved and sealed by the in- spector for testing and proving accuracy of meters furnished for use by them. When- ever a meter shall be inspected the in- spector shall attach thereto some seal, stamp or mark, w'th the inspector’s name, the date of his inspection, and whether or not the meter Is accurate. Meters in use shall be re-inspected and tested on the written request of the consumer, or of the company, in the presence of the consumer, if' desired. If any such meter on being so tested shall be found defective or inaccurate to the prejudice or injury of the consumer, the necessary re- moval, inspection, correction and replacing of such meter shall be without expense to the consumer; but in all other cases, except where the change is beneficial to the company, he shall pay the reasonable expense of such in- spection, and the re-inspection shall be stamped on the meter. Provided, however, that nothing herein contained shall be con- strued as requiring to be sealed, electrolytic or other electric meters, which in their con- struction or use are not susceptible of being sealed, nor the apparatus employed in tak- ing the usual periodic readings therefrom; but all such meters shall, in all other re- spects, be tested and stamped in the manner provided herein for other meters; and every corporation using such electrolytic or other meters shall at all times admit the Inspectors of meters at its meter department and read- ing rooms, and permit the inspection by him of all meters and of all the processes, meth- ods and operations of measuring electric cur- rent consumed by it. LaVFB repealed. Sec. 576. The provisions of sections 62, 63 and 64 of chapter 40 of the general laws. known as the transportation corporations law, are hereby repealed in so far as they affect the Inspection of gas meters and electric me- ters within the city of New York. Interest in raannfaeture of gas, etc., and certain nct.s 1>y officers, etc., of department proliibited. Sec. 677. No officer, agent or employe of the department of public buildings, lighting and supplies 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 or steam meters, or of any article or commodity used by gas or electric companies, or used for any purpose for. the consumption of gas or of electricity, or steam, or in or with a gas or electric or steam company, and no such offi- cer, agent or employe shall give certificateg or written opinions to a maker or vendor of any such article or commodity. Inspection of fllnminatlng gas; tests. Sec. 578. The illuminating gas of every company shall be Inspected at least twice a year, and may be inspected as frequently as the commissioner may think best, but not oftener than once a week. The gas shall be tested for illuminating power by means of a disc photometer, or other approved appara- tus, and during such test shall be burned from a burner best adapted to it, which is at the same time suitable for domestic use, and at as near the rate of five feet per hour as is practicabie. When the gas of any such company shall be found on three consecutive inspections to be of an illuminating power less than twenty sperm candles of six to a pound, and burning at the rate of one hun- dred and twenty grains of spermaceti per hour, tested at such place as the said commis- sioner shall specify by a nurner consuming five cubic feet of gas per hour, and shall not comply with the reasonable and proper stan- dard of purity as fixed by said commissioner, a fine of one hundred dollars shall be paid by such company to the city. Commissioner to salimit proposed oi’diiiaiiees relative to wires, etc. Sec. 579. The said commissioner shall from time to time submit lor the consideration of the board of public Improvements such pro- posed ordinances in regard to electric wires, appliances' and currents for furnishing light, heat or power when introduced into or placed In any building in said city. Such proposed ordinances shall prescribe the method of con- struction, operation, location, arrangement. Insulation and use of such wires, appliances, and currents, as said commissioner shall from time to time deem necessary for the protection of life and property. Insi>ectoi' of electric wiring; (uialifiea« tions;all wires to l>e inspected; rules, notices, etc.; penalty for violation. Sec. 580. Any inspector of electric wiring appointed in the department shall have a tech- nical and practical knowledge of the con- struction and operation of electrical lines and appliances. Aftei this act takes effect, the commissioner shall cause to be inspected all such wires, currents and appliances that may be introduced into or placed in any building in said city, and the saia commissioner shall fur- nish a certificate of such inspection to any per- son or corporation applying therefor. All no- tices of the violation of any of the provisions of this section, or of any ordinances relating to said department, or any regulations, rules or orders made thereunder relating to electri- cal wires, currents or appliances, shall be is- sued and served in the manner provided in this act for the service of notices. The vio- lation of any of the provisions of this section or of any of the said ordinances or any rul«§ eo THE CHARTER OP THE CITY OP NEW YORK. or regulations thereunder shall be deemed to be a violation of the provisions of the depart- ment of buildings of said city, and shall sub- ject the person or corporation committing the same to the penalties prescribed herein for such violations. Removal of electvic wires. Sec. 681. “Whenever in the opinion of the board of public improvements it shall be prac- ticable 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 Man- hattan and the Bronx, after the grade of said street, avenue or highway shall have been finally determined and established, and to place the same underground, tne commission- er of public buildings, lighting and supplies shall notify the owners or operators of the electrical conductors above ground that such electrical conductors must be removed within a certain time to be fixed by said commission- er, which time shall be sufficient for such re- moval, and in the case of a corporation duly authorized to lay and operate electrical con- ductors underground in such street, avenue, highway or public place, sufficient also for the proper laying of conductors underground in place of those removed. All electrical con- ductors authorized to be placed underground, shall be placed underground under and In ac- cordance with the provisions of chapter seven hundred and sixteen of the laws of one thou- sand eight hundred and eighty-seven, chapter iwo hundred and thirty-one of the laws of one thousand eight hundred and' ninety-one, chapter two hundred and sixty-three of the laws of one thousand eight hundred and nine- ty-two, and the laws amendatory thereof and supplemental thereto. Whenever application shall be made to said commissioner of public buildings, lighting and supplies, for permis- sion to place underground electrical conduc- tors in any street, avenue, highway, or public place of that part of the city of New York W'hlch lies within the boroughs of Manhattan and the Brocx, the subways therefor shall, if such permission be granted, be constructed or provided, and such electrical conductors placed underground under and in accordance of said laws. But such permission shall be granted only in accordance with the piro- vlsions of said laws. UiiderKrouiul electrical condactors. Sec. 582. Whenever the said board of pub- lic improvement shall deem it desirable and practicable, after hearing all parties Inter- ested, that the electrical conductors in any street, avenue, highway or public place of the city of New York, lying within the boroughs of Brooklyn, Queens and Richmond, be placed underground, the said commissioner Shall notify the owners or operators of the electrical conductors above ground in any such street, avenue, highway or public place, that said electrical conductors shall be placed underground within a certain time to be fixed by the said commissioner, which said time shall be sufficient for the proper construction of underground conduits or ocher channels in said street, avenue, highway or public place. Whenever any duly authorized company op- erating or intending to operate electrical conductors in any street, avenue, highway or public place in that part of the city of New York which lies within the boroughs of Brooklyn, Queens and Richmond, shall desire to place its conductors or any of them un- derground, it shall be obligatory upon such company to file with the commissioner of public buildings, lighting and supplies, a map or maps made to a scale, showing the streets or avenues or other highways or public places which are desired to be used for such pur- jpose, and giving the general location, dimen- sions and course of the underground conduit desired to be constructed. Before any such conduit shall be constructed it shall be nec- essary to obtain the approval by said commis- sioner of said plan of construction so pro- posed by such company, and said commis- sioner shall have power to require that the work of removal and of constructing every such system of underground conductors shall be done according to such plan so approved. Id.; procedure when board of public improvements determines upon. See. 583. Whenever the commissioner ol public buildings, lighting and supplies, in ac- cordance with the resolution of the board of public improvements, shall notify the owners or operators of any electrical conductors In the city of New York, that said conductors shall be removed or placed under ground with- in a certain time, the time within which said electrical conductors shall be placed under ground shall be fixed 'by the said commission- er, giving all persons or corporations owning or operating such electrical conductors, an opportunity to be heard on the question of the time necessary to place said conductors underground, and after hearing the engineer of lighting and electricity, and such other expert opinion as the said commissioner may think advisable. Said owners or operators of electrical conductors above ground in such street or locality shall be required to remove all of said poles, wires or oitber electrical conductors and supnorting fixtures or other devices from any such street or locality with- in thirty days after the expiration of the time so fixed by said commissioner. Id.; permit necessary to take np pave- ment, etc.; commissioner of public bniltlinfvs, etc., to determine method of extension; mnnloipal assembly may enact ordinances reswlatlng use, etc. Sec. 584. I't shall he unlawful, after the passage of this act, for any person or cor- poration to take up the pavement of any of the streets and parks of said city, or to excavate for the purpose of laying under- ground any electrical oonduotors, or to con- struct subways, unless permission in writing therefor shall have been first obtained from the said commissioner of public buildings, lighting and supplies, indorsed by the com- missioner of highways. And except with a like permission therefor no electrical conduct- ors, poles, wires or otheT electrical devices or fixtures shall 'be constructed, erected, strung, laid or maintained above or below the surface of any street, avenue, highway or other pulblic place, in any part of said city. And the said commissioner of public build- ings, lighting and supplies shall determine whether any extension of the existing elec- trical conductors of any person or corpora- tion in said city shall be by means oy passage of tills act; exceptions. Sec. 597. The engineers-, officers and subor- dinates, with the exception of the attorneys and counsel of the New York and Brooklyn bridge in office or employment at the time of the pas- sage of this act and heretofore appointed by the trustees of the New York and Brooklyn bridge shall not be affected by the passage of this act so far as their positions are concerned, but shall continue to hold such places and positions under the commissioner of bridges, subject to the provisions of this act. Tlie New York rmd Brooklyn bridge, a public liig'liway. Sec. 698. The New York and Brooklyn bridge is hereby declared to be a public high- way for the purpose of rendering travel be- tween the boroughs of Manhattan and Brook- lyn certain and safe at all times, subject to such tolls and prudential and police regula- tions as the municipal assembly shall adopt and prescribe; provided, however, that the passageway of the bridge now set apart for foot passengers shall remain free and open to all pedestrians coming or going at all times. Concurrent jurisdiction in borongbs of New York nnd Brooklyn oxer crimes, etc., committed on tbe said bridge. Sec. 599. Concurrent jurisdiction shall be possessed by all courts located in the borough of Manhattan, and by all courts located in the borough of Brooklyn, and by the judicial and administrative offices of the city of New York, over all crimes and offenses, committed upon said bridge and upon any other, bridge that may hereafter be erected between the two boroughs. It shall be the duty of the said commissioner of bridges and he hereby is authorized to execute the ordinances of the municipal assembly, relative to said bridges and to have in immediate charge the n'lntrol and disposition of such members of the po- lice force of the city of New York, as may be assigned for duty in his department. Certain acts declared to be misde- meanors; penalties for. Sec. 600. Any person willfully doing any injury to any of said bridges or any of their appurtenances, shall forfeit and pay to the said city of New York three times the amount of such injury, and shall be deemed guilty of a misdemeanor and be subject to a penalty not exceeding five hundred dollars, and to im- prisonment not exceeding six months, in the discretion of the court. Devolution of power of former boards, etc. Sec. 601. Upon the appointment of the com- missioner of bridges the respective of- fices of the trustees of the New York and Brooklyn bridge shall be and they hereby are declared abolished and all the powers and duties vested In and devolved upon said trustees of the New York and Brooklyn bridge by any law or statute shall, so far as they are consistent with and con- formable to the provisions of this act, be devolved upon the commissioner of bridges of the city of New York and upon the munici- pal assembly, and thev shall in all respects exercise such duties and perform such powers, subject, however, to the provisions, directions and limitations of this act. CHAPTER XI. DEPART3IENT OF PARKS. Title 1. The parks of the city. 2. The art commission. YORK. Cl TITLE 1. THE PARKS. Administriitlvc JoriNdiction ; board; president; salaries; braiicli oflices. Sec. 607. The head of the department of parks shall bo called the park board. Said board shall consist of three members, who shall be known as commissioners of parka of the city of New York. They shall be appoint- ed by the mayor and shall hold their respect- ive offices as provided in chapter IV of this act. One of said commissioners shall be the president of the board, and shall be so desig- nated by the mayor. In appointing such com- missioners the mayor shall specify the bor- ough or boroughs in which they are respective- ly to have administrative jurisdiction, to wit; one in the boroughs of Manhattan and Rich- mond; one in the borough of the Bronx, and one in the boroughs of Brooklyn and Queens. The principal office of the department of parks shall in the borough of Manhattan. There shall be a branch office in the boroughs of Brooklyn and the Bronx and a branch office may be established In the borough of Queens or the borough of Richmond, in the discretion of the board. At any time when requested so to do by said board, the mayor may make a new specification of the borough or boroughs in which said commissioners are respectively to have administrative jurisdiction. The sal- ary of each of said commissioners shall be $5,000 a year. Title to parks, sqaares aud pukiio l>laoes. Sec. 608. The title to each and all of the parks, parkways, squares and public places comprised within and belonging to the cor- poration 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 belong- ing to any of the subdivisions of said coun- ties, is hereby vested in the city of New York, as hereby constituted. Gifts of real and personal property. Sec. 609. Real and personal property may be granted, (jevised, bequeathed or conveyed to the city of New York, as constituted by this act, for the purposes of the improvement or ornamentation of the parks, squares or public places in said city, or for the establishment or maintenance, within the limits of any such park, square or public place, of museums, zoological, botanical or other gardens, col- lections of natural history, observatories or works of art, upon such trusts and condi- tions as may be prescribed by the grantors or donors thereof, and be accepted by the department; and all property so devised, granted, bequeathed or conveyed, and the rents, issues, profits and income and in- crease thereof shall be subject to the manage- ment, direction and control of the commis- sioner for the borough or boroughs in which the same is situated or to which it apper- tains, and excei)t such surplus animals and duplicate specimens as the park board may deem it judicious to dispose of by sale or otherwise, the same shall be forever prop- erly protected, preserved and arranged for public use and enjoyment, subject to such rules and regulations as the park board may prescribe. ■ The said board shall hereafter, with its annual report, maice a statement of the condition of all the gifts, devises and 63 THE CHARTER OF THE CITY OF NEW YORK. bequests of the previous yeax, and of the names of the persons making the same. General powers o£ tlie board; ordl- unnees. Sec. 610. The park hoard shall hy a vote cf a majority of its members have power to eistabllsh general rules and regulations for the administration of the department, which rules and regulations so far as practicable shall be uniform in all the boroughs. Said board shall have power to appoint a secre- tary, and, within the limit of its appropria- tion, to appoint such subordinate oflicers as may be necessary for ,the proper conduct of the office of the department. The board shall also have power by a vote of a majority of its members to enact ordinances for the gov- ernment and protection of all parks, park- ways, squares and public places within the city, and the same shall at ail times be sub- ject to ail such ordinances as to the use and occupation thereof and in respect to any erec- tions or incumbrances thereon. Any person violating any of such ordinances shall be guilty of a misdemeanor and shall on conviction before a city magistrate be punished by a fine not exceeding fifty dollars, or in default of payment of such fine by imprisonment not exceeding thirty days. Landscape arcliitect; apiioliitment and duties. Sec. 611. The board shall also appoint with- out definite t^m a landscape architect, skill- ed and expert, whose assent shall be requi- Bite to all plans and works or changes there- of respecting the conformation, development or ornamentation of any of the parks, squares, or public places of the city, to the end that the same may be uniform and symmetrical at all times. It Shall 'be the duty of such ar- chitect, from time to time, to prepare and submit to the board, or to any commis- sioner, as he may deem proper, or as he may be requested by said board or by any com- missioner, plans for works or changes there- of respecting the parks, parkways, squares or public places of the city. The salary of said architect shall be fixed by the board ^within the proper appropriation. General powers of commissioners as to tlie management of iJarUs. 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 responsible for the care of all such parks, parkways, squares and public places as are situated in the borough or boroughs over which he has jurisdiction, and of the streets and avenues immediately adjoining the same; but such jurisdiction shall not extend to nor include the buildings which are now or may hereafter be erected in such parks, squares or public places for govern- mental purposes, other than those of the de- partment of parks. It shall be the duty of each commissioner, subject to such general rules and regulations and in conformity there- with to maintain the beauty and utility of all Buch parks, squares and public places as are Bituated within his jurisdiction, and to insti- tute and execute all measures for the improve- ment thereof for ornamental purposes and for the beneficial uses of the people of the city. Subject to the general rules and regu- lations established by the board, each commis- sioner shall have power to determine the line or curb and the surface construction of all streets and avenues lying within a distance of three hundred and fifty feet from the outer boundaries of any park, square or public place In his jurisdiction; and he shall also have power to plant trees and to construct, erect and establish seats, drinking fountains, statues •ad works of art, when he may deem it taete- ful or appropriate so to do, on any part of the public streets and avenues within such environments, subject to the provisons of title two of this chapter and to determine when and where new lamps or lighting appliances shall be placed and lighted. Maintenance and inanas'enient of buildins's in parks. Sec. 613. It shall be the duty of the com- missioner for the boroughs of Manhattan and Richmond to maintain the meteorological and astronomical observatory, the Museum of Natural History, the Metropolitan Muse- um cf Art in Central park, the Aquarium in Battery place, and such other buildings as now are or may hereafter be erected in such parks or in any other park, square or public place under his jurisdiction by authority of the municipal assembly. It shall be the duty of the commissioner for the boroughs of Brooklyn and Queens to maintain the Brooklyn Institute of Arts and Sciences and such other buildings as now are or may hereafter be erected in any park, square or public place under his jurisdiction by au- thority of the municipal assembly. It shall be the duty of the commissioner for the borough of the Bronx to maintain the New York Botanical garden and the buildings appurtenant thereto, and such other Institu- tions or buildings as may be established or erected in any park, square or public place in his jurisdiction by authority of the muni- cipal' assembly. It shall be the duty of the several commissioners to provide the neces- sary instruments, furniture and equipments for the several buildings and institutions within their respective jurisdictions, and, with the authority of the municipal assem- bly, to develop and improve the same, and to erect additional buildings; but the main- tenance of all such buildings and institu- tions shall be subject to the pro-visions of the acts incorporating said institutions, or either of them, and the acts amendatory thereof, and to the powers of said corpora- tions thereunder, and of the boards by such acts created or provided for; and shall also be subject to and in conformity with such contracts and agreements as have heretofore been made with such institutions respectively, and are in force and effect when this act takes effect, or as may be hereafter made by the authority of the municipal assembly, and no moneys shall be expended for such purposes unless an appropriation therefor has been made by the board of estimate and appor- tionment and the municipal assembly. Out of the moneys annually appropriated for the maintenance of parks each commissioner may apply such sum as shall be fixed by the board of estimate and apportionment for the keeping, preservation and exhibition of the collections placed or contained in buildings or institutions now situated or hereafter erected in the parks, squares or public places under the jurisdiction of such com- missioner. Appointment of subordinate oflicers. Sec. 614. Each commieeioner shall have pow- er to appoint such superintendents, engi- neers, subordinates, clerks and assistants as may be necessary for the efficient perform- ance of the duties of the department respect- ing the parks, squares and public places with- in his jurisdiction, and as may be authorized by the municipal assembly and provided for by the proper appropriation. He shiall, sub- ject to the approval cf the board, fix the sal- aries of his appointees withto the limits of such appropriation. Each commissioner shall also have power to employ all of the me- chanics, agents or laborers needed or requir- ed for the work of the department In the parks, squares and public places in his ju- risdiction within the limits of the proper ap- propriation, and to arrange and ciaesiify the various appointees and employes in such man- ner and under such titles or designations as the board may prescribe. Each commissioner shall have in Immediate charge the control and disposition of such members of the police force of the city of New York, as constituted by this act. as may be assigned for duty in the parks, squares or public places subjeot to his jurisdiction. Permits to bnildings for lire apparatus Sec. 61,6. Each commissioner is hereby au- thorized in his discretion, on the application in writing of the fire commissioner, to per- mit a building or 'buildings for fire apparatus to be placed in any of the parks, squares or public places situated within the jurisdiction of such commissioner of parks, provided the said building or buildings are so located and constructed as, in the judgment of the com- missioner granting such permission, will not disfigure or encumber the said park, square or public place, or interfere with the purposes of public use and recreation, but will tend to the protection of the public and their property. General powers of commissioners un- der former acts. Sec. 616. The commissioner for the boroughs of Manhattan and Richmond shall in addition to the powers, rights and duties expressly conferred or imposed upon him by this act, possess and exercise all the powers, rights and duties and shall he subject to all the obli- gations heretofore vested in. conferred upon or required of the corporation known as the mayor, alderman and commonalty of the city of New York or the department of parks in said city, or the commissioners of parks, or in any other board, body or officer therein or thereof, or in any commission, commissioner, body, board or officer in or for the county of Richmond, so far as such powers, rights, duties and obligations concern or affect the control, care, management, government, ex- tension, maintenance or administrative juris- diction of the parks, squares and other public places situated or lying within the boroughs of Manhattan and Richmond or either of them at the time this act takes effect or which may thereafter be opened or established therein, so far as the same are not inconsistent with this act. The commissioner for the borough of the Bronx shall, in addition to the powers, rights and duties expressly conferred or im- posed upon him by this act, possess and ex- ercise all the aforesaid powers, rights, duties and shall be subject to all the aforesaid ob- ligations so far as such powers, rights, du- ties and obligations concern or affect the care, management, control, government, extension, maintenance or administrative jurisdiction of the parks, squares and other public places situated or lying within the borough of the Bronx at the time this act takes effect, or which may thereafter be opened or estab- lished therein, so far as the same are not in- consistent v/ith this act. The commissioner for the boroughs of Brooklyn and Queens shall in addition to the powers, rights and duties expressly conferred or imposed upon him by this act, possess and exercise all the powers, rights and duties and shall be subject to all the obligations heretofore vested in or conferred upon, or required of the corporation known as the city of Brooklyn, or the depart- ment of parks in and for said city, or the com- missioners of parks, or any commission, com- missioner, body, board or officer of said city or of the county of Kings, or in any commis- sioner, body, board or officer in or for that portion of the county of Queens which is in- cluded in the city of New York, as constituted THE CHARTER OP THE CITY OF NEW YORK. C3 by this act, so far as such powers, rights, duties and obligations concern or affect the control, care, management, gO'Vernment, ex- tension, maintenance or administrative juris- diction of the parks, squares and other public places situated or lying within the boroughs of Brooklyn and Queens, or either of them, at the time this act takes effect, or which may be thereafter opened or established there- in, so far as the same are not inconsistent with this act. Accounts; annual estimates; expendi- tures. Sec. 617. Each commissioner shall keep ac- curate and detailed accounts, in a form ap- proved by the commissioners of accounts, of all moneys received and expended by him, the sources from which they are received and the purposes for which they are expended, and shall prepare itemized monthly statements of all receipts and expenditures in duplicate, one of which statements, together with all vouchers, shall be filed with the controller, and one of which shall be filed in his own office. Each commissioner shall, on or be- fore the first day of September in each year prepare an itemized estimate of his necessary expenses for the ensuing fiscal year and pre- sent the same to the board. The three esti- mates so prepared as revised by the board shall together constitute the annual estimate of the department of parks, and shall be sub- mitted to the board of estimate and apportion- ment within the time prescribed by this act for the submission of estimates for the several departments of the city. No commissioner shall incur any expense for any purpose in excess of the amount appropriated therefor; nor shall he expend any money so appropriated for any purpose other than that for which it was appropriated. The commissioner for the boroughs of Manhattan and Richmond shall annually include in his estimate of the amount necessary for the maintenance of the parks, the sums now authorized by lav; for the maintenance of the American Museum of Natural History and the Metropolitan Museum of Art, not exceeding, however, ninety-five thousand dollars per annum for each of the said museums. It s'hall be the duty of the board of estimate and apportionment and of the municipal assembly to provide in the an- nual budget the proportionate part of the ap- propriation for the department of parks ap- plicable to the administration of the depart- ment in each borough of the city, borough by borough. Advertisements for snx>plies. Sec. 618. The board shall from time to time as may be necessary, advertise in the City Record and the corporation newspapers for not less than ten days, for proposals for such arti- cles 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 shail give adequate security for the faithful per- formance of such contracts, excepting such perishable articles as may be excepted by the rules and regulations of the board. In case of an emergency each commissioner may purchase articles immediately required with- out calling for competition at an expense not exceeding one thousand dollars during any one month. Battery place; boat landings. Sec. 619. The commissioner for the bor- oughs of Manhattan and Richmond shall have power and control over all that portion of Battery place lying south of the line of the south side of pier No. 1, North river, and west of the easterly line of West street, ex- tended in a southerly direction, and also over the waters of the North river and soil under- the waters thereof, in front of said portion of Battery place, and to the extent of two hundred feet westerly from the westerly end of said Battery place; and it shall be lawful for such commissioner to erect, construct and maintain on said part of Battery place, and over or on the lands under water before men- tioned, suitable buildings, docks, piers, or basins for the accommodation of small boats that may be engaged in the business of at- tending 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 com- missioner shah seem meet and proper for the public interest. Such commissioner may also prescribe and enforce like rules and or- dinances for the control and government of all small boats frequenting or using the water basin at the south end of the Battery. Harlem river improvement. Sec. 620. It shall be the duty of the commis- sioner for the boroughs of Manhattan and Richmond to continue and complete every and all plan or plans, work or construction, respect- ing the improvement of Harlem river, hereto- fore devolved upon the department of public parks of the corporation known as the mayor, aldermen and commonalty of the City of New York, by chapter five hundred and thirty- four of the laws of eighteen hundred and sev- enty-one, and by all acts or parts of acts amendatory thereof, so far as the same re- main to . be continued and completed accord- ing to the provisions of that act or its amend- | ments. Sletropolitan mraseam of art. Sec. 621. The commissioner for the bor- oughs of Manhattan and Richmond is hereby authorized and directed to continue the con- tract with the Metropolitan Museum of Art for the occupation by it of the buildings erected or to be erected on that portion of the Central park east of the old receiving reservoir, and bounded on the west by the drive, on the east by the Fifth avenue, on the south by a continuation of Eightieth street, and on the north by a continuation of Eighty-fifth streef, and for transferring there- to, and establl'shing, and maintaining therein its museum, library, and collections, and car- rying out the objects and purposes of the said Museum of Art. American mnsenm of natnral history. Sec. 622. The commissioner for the bor- oughs of Manhattan and Richmond is hereby authorized and directed to continue the con- tract with the American Museum of Natural History for the occupation by it of the build- ing erected, or to be erected, on that portion of the Central park formerly known as Man- hattan square, and for establishing and main- taining therein its museums, library and col- lections, and carrying out the objects and purposes of said museum. New York pablic librax-y. Sec. 623. Whenever pursuant to lawful au- thority, the land at present occupied by the reservoir at Fifth avenue and Fortieth and Farty-eeccoid streets shall be made a public park, and the removal of said reservoir shall have been duly authorized and directed, the commissioner for the boroughs of Manhattan and Richmond is hereby authorized and di- rected to make and enter into a contract with the New York public library, Astor, Lenox and Tilden foundations, a corporation duly organized under the laws of this state, tor the use and occupation of said land, or of any part thereof, by the said corporation and its succesisors, 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 wl'th the provisons oif the agreement of con- solidation between the trustees of the Astor library, of the Lenox library and of the Til- den trust, and the several acts incorporating the said several corporations; and said con- tract may provide that such use and occupa- tion shall continue so long as the said the New York public library, Astor, Lenox and Tilden foundations, or its successo.rs, shall maintain such free public library and reading room upon said land. Brooklyn institnte of arts and sciences Sec. 624. The commissioner for the boroughs of Brooklyn and Queens is hereby authorized and directed to continue the contract and lease with the Brooklyn Institute of Arts and Screnices, for the occupation by it of park lands and of a building or buildings erected or to be erected on that portion of Prospect park bounded by the Eastern parkway on the north, Washington avenue on the east, a line paral- lel to Old President street, and one hundred feet south of the southerly line of said street, on the south, and on the west by the easterly line of land reserved for the Prospeet hill reservoir, and in conitinuation thereof, for establishing and maintaining therein its mu- seum, library and collections, and for carry- ing out the plans and purposes of said insti- tute and for the maintenance of said museum building or buildings, and for the keeping, preservation and exhibition of collections placed therein, a sum net less than twenty thousand dollars shall be appropriated annu- ally by tbe said city of New York, as consti- tuted by this act. New York botanical garden. Sec. 625. The commissioner for the bor- ough of the Bronx is hereby authorized ami directed to carry out the existing contract made by and between the department of parks of the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York and the board of managers of the corporation known as the New York bo- tanical garden pursuant to the provisions of chapter two hundred and eighty-five of the laws of eighteen hundred and ninety- one, entitled ‘‘An act to provide for the establishment of a botanic garden and museum and arboretum in Bronx park in the city of New York and to incorporate the New York botanical garden for carrying on the same,’’ as amended by chapter 103 of the laws of 1894, 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 num- bered five hundred and sixty-eight, and sign- ed by Messrs. Vaux and Parsons, and filed with the former department of public parks of tbe corporation known as the mayor, al- dermen and commonalty of tbe city of New York. New York zoological gardeu. Sec. 626. The commissioner for the borough of the Bronx is hereby authorized and directed to carry out the contract made by and between the department of public parks and the sink- ing fund commissioners of the corporation heretofore knowm as the mayor, aldermen and commonalty of the city of New York, with the board of managers of the coi-poration knowm as the New York Zoological society, pursuant to the provisions of chapter 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’’ i if such a contract shall have been entered THE CHARTER OF THE CITY OF NEW YORK, ei Into prior to tie passage of this act. If no suci contract stall have been entered into by the said department of parks and the said sinking fund commissioners prior to the paseagM of this act, then and in that case the said commissioner for the borough of the Bronx with the consent and approval of the sinking fund commissioners of the city of New York, as constituted by this act, is hereby authorized to enter into a contract In behalf of the city of New York with said New York Zoological society allotting and set- ting 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 ehall be approved by the said commissioner and said sinking fund commissioners. Military encampments and. evolntlons; pnlblic fairs. Sec. 627, No military encampment, parade, drill, review or other military evolution or exercise, shall be held or performed in any park, or any part thereof; nor shall any mil- itary company, regiment or other military body enter or move in military order within any park without permit from the commis- sioner within whose jurisdiction such park is situated. No military officer shall have au- thority to order, direct, or hold any such parade, drill, review, or other evolutions or exercise or encampment within any park, ex- cept in case of riot, insurrection, rebellion or war, without such permit. It shall not be lawful to grant, use or occupy, for the pur- poses of a public fair or exhibition, any por- tion of any park, square or public place. TITLE 2. ART COMMISSION. Art commission; bow constitntecl. Sec. 633. There shall be an art commission for the city of New York composed as fol- lows: The mayor of the city of New York, ex- effleio. 2. The president of the Metropolitan Muse- um of art, ex-officio. 3. The president of the New York Public library — (Astor, Lenox and Tilden founda- tions), ex-officio. 4. The president of the Brooklyn Institute of Arts and Sciences, ex-offioio. One painter, one sculptor and one archi- tect, all residents of the city of New York; and three other residents of said city, none cf whom shall be a painter, sculptor or archi- tect or member of any other profession in the fine arts. All of the six last mentioned shall be appointed by the mayor from a list of not less than three times the number to be ap- pointed proposed by the Fine Arts federation cf New York. In all matters of which such commission takes cognizance pertaining to work under the special charge of a commissioner or de- partment, the commissioner having such ijpec- lal charge shall act as a member of the com- mission. Members of commission; bow cbosen; vacancies, etc. Sec. 634. The painter, sculptor and archi- tect, members of the commission, shall choose by lot one, two and three year terms of office; the three other appointed members of the commission shall also choose by lot one, two and three year terms of office, and the ap- pointment of their successors, after the ex- piration of the first year of this commission, shall be for a term of three years. All ap- pointments to fill vacancies shall be for the unexpired term. In case any vacancy shall occur in the com- mission, by reason of death, resignation, in- mtpacity, refusal to serve, or otherwise, the vacancy shall be filled by appointment, as provided in section 633 of this act. In case the Fine Arts federation shall fail to pre- sent a list of nominees as aforesaid within three months from the time when any ap- pointment is to be made, the mayor shall appoint without such nomination. Officers. Sec. 635. The commission shall serve with- out compensation as such, and shall elect a president, vice president and secretary from its own members, whose terms of office shall be for one year and until their suc- cessors are elected and have qualified. The commission shall have power to adopt its own rules of procedure. Five commissioners shall constitute a quorum. Offices to be provirted; expenses, bow met. Sec. 636. Suitable offices shall be provided for the commission by the board of estimate and apportionment. The expenses of the commissioai shall be paid by the city; the amount of the same shall be fixed annually by the board of estimate and apportionment and the municipal assembly. All works of art to be submitted to and approved by tbe commission. Sec. 637. Hereafter no worK of art shall be- come the property of the city of NeV York by purchase, gift or otherwise, unless such work of art or a design of the same, togethei with a statement of the proposed location of such work of art, shall first haye b.een-, syh-- mitted to and approved 'by the commission; nor shall such work of art, until so approved, be erected or placed in or upon, or allowed to extend over or upon any street, avenue, square, common, park, municipal building or other public place belonging to the city. The commission may, when they deem proper, also require a complete model of the pro- posed work of art to he submitted. The term “work of art” as used in this title shall apply to and include all paintings, mural decora- tions, stained glass, statues, bas-reliefs or other sculptures, monuments, fountains, arches or other structures of a permanent character, intended for ornampnt or commem- oration. No existing work of art in the pos- session of the city .shall be removed, relocated or altered in any way without the similar approval of the commission, ex- cept as provided in section 639 of this act. ■^Tien so requested by the mayor or the municipal assembly the commission shall act in a similar capacity, with simihar powers, in respect of the designs of muni- pal buildings, bridges, approaches, gates, fences, lamps or other structures erected or to be erected upon land belonging to the city, and in respect of the lines, grades and plot- ting of public ways and grounds, and in re- snect of arches, bridges, structures and ap- proaches which are the property of any corpo- ration or private individual and which shall ex- tend over or upon any street, avenue, highway, park or public place belonging to the city. But this section shall not be construed as intended to impair the power of the park board to refuse its consent to the erection or acceptance of public monuments or memo- rials or other works of art of any sort within any park, square or public place in the city. Time for decision limited. Sec. 638. If the commission shall fail to de- cide upon any matter submitted to it within sixty days after such submission, its decision shall be deemed unnecessary. Removal or relocation of works of art; daty of commission. Sec. 639. In case of the immediate removal or re-location of any existing work of art shall be deemed neces.sary by the mayor, the com- mission shall within forty-eight hours after notice from him approve or disapprove of such removal or re-location, and in case of their failure so to act within forty-eight hours after the receipt of such notice, they shall be deemed to have approved of the same. CHAPTER XII. DEPARTMENT OF BUILDINGS. Appointment of commissioners; quall- iientions; jnrisdief ion : salaries. Sec. 644. The head of the department of buildings shall be called the board of build- ings. Said board shall consist of three members to be known as commissioners of buildings. They shall be appointed by the mayor and shall hold their respective offices as provided in chapter IV of this act. Each of said com- missioners shall he a competent architect or builder of at least ten years’ experience. One of said commissioners shall be the president of the board, and shall be so designated by the mayor. In appointing such commissioners the mayor shall specify the borough or boroughs in which they are respectively to have ad- ministrative jurisdiction, to wit: One in the boroughs of Manhattan and the Bronx; one in ;the borough of Brooklyn, and one in the bor- oughs of Queens and Richmond. The princi- pal office of the department of buildings shall be in the borough of Manhattan. There shall be a branch office in the borough of Brooklyn and a branch office may be established in any of the other boroughs, in the discretion of the hoard. The salary of the commissioner of buildings for the boroughs of Manhattan and the Bronx, and the salary of the commissioner of buildings for the borough of Brooklyn, shall in each case be $7,000 a year. The salary of the commissioner of buildings for the boroughs of Queens and Richmond shall be $3,500 a year. Rules and regulations. Sec. 645. The board shall have the power, by a vote of a majority of its members, to es- tablish general rules and regulations for the administration of the department, and such other rules and regulations as were authorized by law at the time of the passage of this act to be established by the superintendent of buildings in the city of New York, or by the commissioner of the department of buildings in the city of Brooklyn, as said cities were formerly constituted. Such rules and regula- tions shall, so far as practicable, be uniform in all the bcrcughs, but the board shall have power, from time to time, to amend or repeal such rules and regulations when in the opin- ion of a majority of the commissioners it shall seem necessary or desirable. The board shall also have power to appoint a secretary, and within the limits of its appropriation to appoint such subordinate officers as may be necessary for the proper conduct of the office of the department. General power.s of commissioners un- tier existing' laws. Sec. 646. The commissioner for the boroughs of Manhattan and the Bronx shall within such boroughs in addition to the powers, rights and duties expressly conferred or imposed upon him by this act possess and exercise all the powers, rights and duties and shall be subject to all the obligations heretofore vested in, conferred upon or required of the depart- ment of buildings or the superintendent of buildings in the city of New York as hereto- fore constituted, exo'ep{ in so far as the same are inconsistent with or are modified by this act. The commissioner for the borough of Brooklyn snail within such borough in addi- tion to the powers, rights and duties express- ly conferred or imposed upon him by this act TH^ CHARTER OP THE CITY OF NEW YORK. on po.ssess and exercise all the powers, rights and duties, and shall be subject to all the obligations heretofore vested in, conferred upon or required of the department of build- ings in the City of Brooklyn as heretofore constituted, except in so far as the same are inconsistent with or are modified by this act. The commissioner for the boroughs of Queens and Richmond shall within such boroughs re- spectively in addition to the powers, rights and duties expressly conferred or imposed upon him by this act possess and exercise all the powers, rights and duties and shall be subject to all the obligations heretofore vested in, conferred upon or required of any depart- ment, commission, board or officer of Long Island City as heretofore constituted, or of any town or village as heretofore constituted •which is comprised within that portion of the county of Queens included in the city of New York as constituted by this aet, or which is vested in, conferred upon or required of any department, commission, board or officer of any town or village in the county of Rich- mond as heretofore constituted, so far as such po-wers, rights, duties and obligations concem, affect or relate to the construction, alteration or removal of any building or structure erected or to be erected within said boroughs or either of them, except in so far as the same are inconsistent with or are modified by this act. Continuation and repeal of existing laws: building code. Sec. 647. The several acts in effect at the time of the passage of this act concerning, affecting or relating to the construction, al- teration or removal of buildings or other structures in any of the municipal and public corporations included within the city of New York, as constituted by this aet, are hereby continued in full force and effect in such mu- nicipal and public corporations respectively, except in so far as the same are inconsistent •with or are modified by this act, provided, however, that the municipal assembly shall have power to establish, and from time to time to amend a code of ordinances, to be known as tht Building Code, providing for all matters concerning, affecting or relating to the construction, alteration or removal of buildings or structures erected or to be erect- ed in the city of New York, as constituted by this act, and for the purpose of preparing sucn code to appoint and employ a commis- sion of experts; and provided further that upon the establishment of such code the sev- eral acts first above mentioned shall cease to have any force or effect, and are hereby re- pealed, but such repeal shall not take effect until such building code shall be estab- lished by the municipal assembly as herein provided. The provisions of such building code shall be in conformity with and be subject to all general laws of the state concerning, af- fecting or relating to buildings or classes of buildings, or other structures. Unties of comnii.<e erected within such borough or boroughs. Each commissioner within the lim.its of his appropriation shall have power to appoint and at pleasure to remove subordinate offi- cers, as follows: Such superintendents of buildings, and such inspectors of buildings, engineers, clerks, messengers, as.,sistants and other subordinates as in his judgment may be necessary and proper to carry out and enforce such ruies and regulations and ordinances and the provisions of said laws and of this chapter within the borough or boroughs un- der his jurisdiction. The superintendents of buildings shall each be a competent archi- tect, ^engineer or builder of at least ten years’ practice. The inspectors shall be com- petent men, either architects, engineers, ma- sons, carpenters, plumbers or irooi workers, who shall have served at least five years as such. It shall not be lawful for any officer, or employe in the department to be engaged in conducting or carrying on business as an architect, civil engineer, carpenter, plumber, iron worker, mason or builder while holding office in the department. Each commissioner shall have power to designate in writing one of the superintendents of buildings or any of the inspectors so appointed by him to act on any survey authorized by law, or to per- form such other duties as the said commis- sioner may direct. Each commissioner may designate a superintendent of buildings, who, during the absence or inability of such com- missioner shall possess all the powers and pel form all the duties of such commissioner. Any employe, for any neglect of duty, or omission to properly perform his duty for violation of rules, or neglect .or disobed ience of orders, or incapacity, or absence without leave, may be punished by the commissioner appointing him by forfeiting and wuthhold- ing pay for a specified time, or by suspens>ion frop duty with or without pay; but this pro- vision shall not be deemed to abridge the right of said commissioner to remove or dis- miss any in.spector of buildings or other sub- ordinate appointed by him or by any prede- cessor in office from the service of the de- partment at any time in his discretion. Deeisi<>n.<» of commissioners; npxienls. Sec. 649. Each commissioner shall have power and it shall be his duty, subject to the provisions of law and the ordinances of the municipal assembly and the general rules and I regulations established by the board, to pass upon any quesitiou relative to the mode, man- ner of construction or materials to be used in the erection or alteration of any building or other structure erected or to be erected within the borough or boroughs under his jurisdiction which is included within the provisions of this chapter or of any existing law applicable to such borough or boroughs relating to the construction, alteration or re- moval of buildings or other structures, and to require that such mode, manner of construc- tion, or raaterials shall conform to the true intent and meaning of the several provisions of this chapter and of the laws and ordinances aforesaid and the rules arid regulations estab- lished by the board, -WTienever a commission- er to w'hom such question has been submitted shall reject or refuse to approve the mode manner of construction or materials pro.posed to be followed or used in the erection or al- teration of any such building or structure thousand dollars; provided, however, that in the boroughs of Manhattan and the Bronx such appeal shall be taken to the beard of examiners, established by chapter four hundred and fifty-six of the laws of eighteen hundred and eighty-five and the several acts amendatory thereof or supple- mental thereto. The commissioner for the bor- ough, s of Manhattan and. the Bronx shall be ex-officio a member and the chairman of said board of e.xaiuiners. The other mem'oers of said board of examiners shall be the persons mentioned and described in section thirty-one of said chapter four hundred and fifty-six of the laws of eighteen hundred and eighty- five and the several acts, amendatory thereof or supplemental thereto. The appeal author- ized by this section may be taken w'ithin ten days from the entry of a decison upon the records of the commissioner by filing with the commissioner rendering such decis° ion and with the secretary of the board estab- lished by this act or with the clerk of the board of examiners, as the case may be, 'a no- tice of appeal stating specifically the ques- tions which the appellant desires to have passed upon by the board of buildings or by the board of examine.rs, as the case may be, and by filing with the secretary of the board of buildings or the clerk of the board of ex- aminers, as the case may be, copies of ail pa- pers required by law or by the rules and regu- lations of the hoard of buildings to be sub- mitted to the commissioner upon an applica- tion for a building permit, and the board of buildings or the board of examiners, as the case may be, shall thereafter fix a day within - a reasonable time for the hearing of such appeal, and upon such hearing the appellant may be represented either in person or by his agent o-r attorney. The decision of the board of buildings or the boa.rd of examiners, as the case may be, upon such appeal, 'shall be ren- dered without uuuecessary delay and such de- cision shall be final. Power to vary the provisions of law. Sec. 650. Each commissioner shall have pow- er, with the approval of the board, to vary or modify any rule or regulation of the board or the provisions of this chapter or of any exist- ing law or ordinance relating to the construc- tion, alteration or removal of any building or structure erected or to be erected within^his jurisdiction upon an application to him there- for in writing by the owner of such building or structure or his duly authorized agenL where there are practical difficulties in the way of carrying out the strict letter of the law, so that the spirit of the law shall be observed and public safe- ty secured and substantial justice done; but no such variation or modification shall bo granted or allowed except by a vote of a ma- jority of the board. -Where such appli- cation has been filed with a commissioner the owner of such building or structure or his duly authorized agent shall have the right to present a petition to such commissioner and the board, setting forth the grounds for the desired var'atfon or modification, and may appear before said board and be heard. The board shall fix a date within a reasonable time for a hearing upon such application and shall as soon as practicable render a decision thereon, which decision shall be final. The or when it is claimed that the rules and reg- particulars of each such application and of the u atioms of the board or the provisions of law I decision of the board thereon shall be entered or o said ordinances do no't apply or that ; upon the records of the board, and if the aonli- an equally good and more desirable form of cation is granted a certificate therefor shall con^timction can be employed in any specific | be issued by the commissioner to whom the case the owner of such building or stmeture. I application is made and shall be countersigned or his duly authorized agent, may appeal i by the secretan’ of the board, from the decision of such commissioner to the ' a ^ * board in any case where the amount involved i turen ' estimates; expendi- by such decision shall exceed the sum of one I §ec. 651. Each commissioner shall keep ac- CG THE CHARTER OF THE CITY OF NEW YORK. • curate and detailed accounts, in a form approved by the commissioners of ac- counts, of all moneys received and ex- pended by him, the sources from which they are received and the purpo ses for w'iiich they are expended, an3 shall prepare itemized monthly statements of all receipts and expenditures in duplicate, one of which siatements, together with all vouchers, shall be filed with the controller, and one of which shall be filed in his own office. Each com- missioner shall, on or about the first day of September in each year prepare an itemized estima'te of his necessary expenses for the ensuing fiscal year and present the same to the board. The three esti- mates so prepared as revised by the board shall together constitute the annual estimate of the department of buildings, and shall be submitted to the board of estimate and apportionment within the time prescribed by this act for the submission of estimates for the several departments of the city. No commissioner shall incur any expense for any purpose in excess of the amount appropriated therefor; nor snail he expend any money so appropriated for any purpose other than that for which it was appropriated. Record of npi>lieaf ions. Sec. 652. Each commissioner shall keep a record of all applications presented to him concerning, affecting or relating to the con- struction, alteration or removal of buildings or other structures. Such record shall include the date of the filing of each such application; the name and address of the applicant; the name and address of the owner of the land on which the structure mentioned in such appli- cation is situated; the names and addresses of the architect and builder employed there- on; a designation of the premises by street number, or otherwise sufUoient to . identify the same; a statement of the nature and pro- posed use of such structure; and a brief statement of the nature of the application, together with a memorandum of the decision of the commissioner upon such application and the date of the rendition of such decision. The books containing-such records are hereby declared to be public records, and shall be open to inspection at ail reasonable times. CHAPTEE XIII. DEPARTMENT OF PUBLIC CHARITIES. Jiirisiliction; .salary. 'Sec. 658. The head of the department of pub- lic charities shall be called the board of pub- lic charities. Said board shall consist of three commissioners, who shall be designated com- missioners of public charities of the city of New York. They shall be appointed by the mayor and hold their respective offices, as provided in chapter IV of this act. One of said comimissi oners shall be the president of said board, and shall be so designated by the mayor. In appointing such commissioners the mayor shall specify the borough or bor- oughs in which they are respectively to have administraitive jurisdiction, to wit: One in the boroughs of Manhattan and the Bronx; one in the boroughs of Brooklyn and Queens; one in the borough of Richmond. The salary of the commissioner for the boroughs of Man- hattan and the Bronx, and of the commis- sioner for the boroughs of Brooklyn and Queens shall in each case be seven thousand five hundred dollars a year. The salary of the commissioner for the horough of Rich- mond shall be two thousand five hundred dol- lars a year. The principal office of the de- partment Shall be in the borough of Manhat- tan. There shall be a branch office in each of the other boroughs. Rules and regulations; subordinate oflieers. Sec. 659. The said board shall by a vote of a majority of its members have power to es- tablish general rules and regulations for the administration of the department and the government of the institutions under the jurisdiction of said several commissioners, ex- cept the institutions specified in section 661 of this act, and such general rules and regu- lations shall be so far as practicable uniform in all the boroughs. Subject to such general rules and regulations each commissioner shall have jurisdiction over the several classes of public institutions hereinafter specified which are situated or may hereafter be established within the borough or boroughs for which he is appointe.i. The commi3s',T’.-.-r for the bor- oughs of Manl-attan and the Bronx, and the commiss’one;- of the boroughs of Brooklyn and Queens, shall each have power to appoint and at pleasure to remove a deputy. Bach dep- uty so appointed shall during the absence or disability of the commissioner appointing him possess all the powers and perform all the duties of such commissioner, except the powers conferred by section's 661 and 664. of this act. Whenever such absence or disabil- ity shall continue for five days, or in the judgment of the mayor it is necessary, either of the other commissioners m-ay be designated by him to exercise such powers. The board of estimate and apportionment and the mu- nicipal assembly may from time to time pro- vide fox additioual deputies in the last named boroughs and also for a deputy in the bor- ough of Richmond. Any deputy to serve in the borough of Richm.'iid shall be appointed by the commissioner having admin tdrative jur- isdiction therein, and shall be subject to re- moval at hi'S pleasure. Bach of the commij- sioners, within the limits of his appropria- tion, shall have power to appoint and at pleas- ure to remove such subordinate officers and aS'Si'Stants as may be necessary for the efficient performance of his duties as such commis- sioner. The board shall have power to ap- point a secretary, and, within the limit of its appropriation, to appoint such subordin- ate officers as may be necessary for the prop- er conduct of the office of the department. Public Institutions under tlie juri.sdic- tion of tlie commissioners. See. 660. Each commissioner shall have juris- diction over and it shall be 'ais duty *to take charge of and to establish and enforce rules and regulations, not inconsistent with Ihe general rules and regulations established by the beard, for the gO'Vernment of the following described classes of public institutions situated within the borougti or boroughs for which he is ap- poinited, viz.: all hospital's, asylums, alms- houses and other institutions belonging to or hereafter acquired o-r established by the city of New York, which are or sliall be devoted to the care of the feeble minded, the sick, the in- firm and the destitute; except hospital wards attached to penitentiaries and to other prisons and institutions under the jurisdiction of the dep'artment of corree'eion; and except such hos- pitals as are or may hereafter be established and conducted by the department of health, pursuant to law; and except the house of refuge for juvenile delinquents and the house of detenti'pn for witneiS'ses ; and except the island known as Ward’s island and the build- ings and improvements thereon, and the equip- ment, fixtures and furniture of the asylums for the insane on said island during the con- tinuance of the lease thereof heretofore made by the city of New York to the state of New Yoirk. Such buildings and grounds on Black- well’s Island as are now used foi’ the core of the ins'ane pursuant to the provisions of chap- ter cwo-,of the lajys of eighteen hundred and ninety-six shall, when the Inisane shall have been removed therefrom, be under the juris- diction of the commissioner of public chari- ties for the boroughs of Manhattan and the Bronx; and the buildings and grounds, to- gether with the equipments, fixtures and fur- niture of the buildings now leased to the state by the county of Kings for the care of the in- sane, shall, when said lease expires, be under the jurisdiction of the commissioner of public charities for the boroughs of Brooklyn and Queenis. Payment.s to private institations. Sec. 661. No payment shall be made by the city of New York to any charitable, elee- mosynary or reformatory institution wholly or partly under private control, for the care, support, secular education, or maintenance of any child surrendered to such institution, or committed to, received or retained therein, in accordance with sections 664, 665, 666 and 667 of this act, except upon the certificate of the commissioner having administrative jurisdiction that such child has been received and is retained by such institution pursuant to the rules and regulations established by the state board of charities. Moneys paid by the city of New York to any such institution for the care, support, secular education or maintenance of its inmates shall not be ex- pended for any other purpose. Whenever the commissioner shall decide, after reason- able notice to the institution and a hearing, that any such child as aforesaid who is re- ceived and retained in such institution is not 8 proper charge against the public, and notice of such decision in writing is given by him to . such institution, thereupon all right on th® part of said institution to receive compensa- tion from the city for the further retention of the child shall cease. He shall file in the office of the department in the borough with^ in which the institution is situated, a state- ment of the reasons tor his decision and of the facts upon which it is founded, and shall furnish a copy to the' institution where the child is detained. His decision may be re- viewed on certiorari by the supreme court. Pov»-ers of commissioners as to desti- tute and other persons. Sec. 662. The commissioner for the bor- oughs of Manhattan and the Bronx shall within said boroughs have all the authority concerning the care, custody and disposition of insane, feeble-minded, sick, infirm and des- titute persons which the commissioners of public charities of the corporation known as the mayor, aldermen and commonalty of the city of New York had at the time of the taking effect of this act, and shall be subject to the same obligations and discharge the same duties in respect to such persons, ex- cept in so far as the same are inconsistent with or are modified by this act. The commis- sioner for the boroughs of Brooklyn and Queens shall within said boroughs have all the au- thority concerning the care, custody and dis- position of such persons which the board of charities and correction of the city of Brook- lyn and county of Kings as formerly constitut- ed, or the superintendent of the overseers of the poor of the county of Queens, had at the time of the passage of this act and shall be subject to the same obligations and discharge the same duties in respect to such persons, ex- cept in so far as the same are ihedhsistent with or are modified by this act. The commis- sioner for the borough of Richmond shall with- in said borough have all the authority concern- ing the care, custody and disposition of sitch persons which the superintendent and over- THE CHARTER OF THE CITY OF NEW YORK. 07 seers of the poor in the county of Richmond had at the time of the taking effect of this act, and shall be subject to the same obligations and discharge the same duties in respect to such persons, except in so far as the same are inconsistent with or are modified by this act. The said several commissioners shall be the overseers of the poor of the city of New York, as constituted by this act. No commissioner shall have power to dis- pense any form of outdoor relief except as expressly provided in this chapter, but each commissioner shall have power to pay for the cost of the removal or transportation of any person who may come under his charge when- ever in his judgment the city will thereby be relieved from an unnecessary or improper charge. Each commissioner in his borough or bor- oughs shall make provision for the temporary care of vagrant and indigent persons, and shall provide for an investigation into the cir- cumstances of all such persons, and shall cause every person who is found upon inves- tigation to be a vagrant, to be brought be- fore a magistrate pursuant to law. The board of estimate and apportionment and the mu- nicipal assembly shall in each year appropri- ate such sum as in their judgment may be necessary to carry out the provisions of this section. Classification and instrnction of in- mates. Sec. 663. It shall be the duty of each com- missioner to cause ail the inmates of public institutio-ns under his charge to be classified so far as practicable. Destitute children shall he kept apart from criminal children, so that youthful and less hardened inmates shall not be rendered more depraved by association with and the evil example of older and more hardened inmates. Eacti commissioner may establish and maintain in the public institu- tions under his charge such schools or classes for the instruction and training of inmates as may be authorized by the board of estimate and apportionment and the municipal assem- bly. Powers of commissioners as to desti- tnte and other children. Sec. 664. Each commissioner shall have pow- er to commit, to indenture, place out, dis- charge or transfer any child who may be in his custody whenever in his judgment it shall be for the best interests of such child so to do, and he and his successors in office shall have power to revoke and cancel any such in- i denture or agreement and to make contracts for the maintenance of any such child in ac- cordance with the general rules and regula- tions of the board; but in indenturing, plac- ing out, transferring or committing any such child such commissioner shall, when practic- able, indenture or place out such child with an individual of the like religious faith as the parents of such cnild, or transfer or commit such child to an institution governed by per- sons of the same religious faith. In respect to such minors so committed to or otherwise placed under his charge each commissioner shall within his borough or boroughs havesuch additional powers, as are at the time of the taking effect of this act vested by law in the corresponding officers of the corpora- tion known as the mayor, aldermen and com- monalty of the city of New York, osioner, with the au- thority of the muaicipal- assembly, may set apart one of the penal instkucioiis for the cus- tody of suc-h youthful and less hardened offend- ers, and said commissioner shall have the power, in (lis discretion, to transfer such offenders thereto from any other of the penal institutions of the city. Record of inrates of institations. Sec. 609. It shall be the duty of the com- missioner to keep and preseiwe a proper record of all persons who shall come under his care or custody, and of the disposition of eadi such person, with full paiticulars as to the name, age, sex, color, ntaiivKy and religious faith of each, together with a statement of the cause and length of detention of each such person. Such record shall be supplementary to and shall be kept separate from the records re- quired to be kept by section 709 of this act. Employment of inmate.s; articles mnnnfactnred; cnltivatioii of lands. Sec. 700. Every inmate of an institution under the charge of the com-missioner, whose age and health will permit, shall be employed in quarrying or cutting stone, or in cultivating land under the control of the commissioner, or in manufacturing such articles as may be required for ordinary use in the institutions under the control of the commissioner, or for the use of any department of the city of New York, or in preparing and building sea walls upon islands. or other places belonging to the city of New York upon which public institu- tions now are or may hereafter be erected, or at such mechanical or other labor as shall be found from experience to be suited to the capacity of the individual. The articles raised or manufactured by such labor shall be sub- ject to the order of and shall be placed under the control of the commissioner, and shall be utilized in the Institutions under his charge or in some other department of the city. All the lauds under the jurisdiction of the com- missioner not otherwise occupied or utilized, and which are capable of cultivation shall in the discretion of the commissioner be used for agricultural purposes. Detail of inmates to work in depart- ment of imblic charities. Sec. 701. At the request of any commis- sioner of public charities of the city of New York, the commissioner of correction may de- tail and designate any inmate of any of the in- stitutions in the department to perform nec- essary work, labor and services in and upon the grounds and buildings under the charge of such commissioner of public charities, as provided in chapter XIII of this act, and sub- ject to the restrictions therein contained. Hours of labor; discipline. Sec. 702. The hours of labor required of any inmate of any institution under the charge of the commissioner shall not exceed eight hours per day fcr each such person and shall be fixed by the commissioner. In case any person confined in any institution in the de- partment shall neglect or refuse to perform the work allotted to him by the officer in charge of such institution, or shall wilfully violate the rules and regulations established by the commissioner or resisit and disobey any lawful command, or in case any such person shail offer violence to any such officer or to any other prisoner, or shall do or attempt to do any injury to such institution or the ap- purtenances thereof or any property therein, or shall attempt to escape, or shall combine with anyone or more persons: for any of the aforesaid purposes, the officer or officers of such institution shall use all suitable means to defend themselves, to enforce discipline, to secure the persons of the offenders and to prevent any such attempt or escape, and it shall be the duty of the officer in charge of such institution in which such person or per- sons is or are confined to punish him or them by solitary confinement, and by being fed on bread and water only, for such length of time asi may be considered necessary; but no other form of punishment shall be Imposed, and no officer of any such institution shall inflict any blows whatever upon any prisoner except in self-defense or to suppress a revolt or insurrection. In every case the officer im- posing such punisihment shall forthwith re- port the same to the commissioner and notify the physician of the institution. It shall be the duty of such physician to visit the person so confined and to examine daily into the state of his health until he shall be released from solitary confinement and return to labor, and to report to the commissioner and to the officer in charge of such institution whenever in ills judgment the health of the prisoner shall require that he should be released. Accounts; annual estimate; expendi- tarcs. Sec. 703. The commissioner shall keep ac- curate and detailed accounts, in a form ap- proved by the controller, of all m6n- eys received and expended by him, the sources from which they are received and the purposes for which they are expended, i and shall prepare itemized monthly state- ments of all receipts and expenditures in du- plicate, one of which statements, together with all vouchers, shall be filed with the con- troller, and one of which shall be filed in his own office. The commissioner shall, on or before the first day of September in each year, prepare an itemized estimate of the necessary expenses of the department for the ensuing fiscal year, which estimate shall con- stitute the annual estimate of the depart- ment of correction, and shall be submitted to the board of estimate and apportionment within the time prescribed by this act for the submission of estimates from the several departments of the city. He shall incur no expense for any purpose in excess of the amount appropriated therefor, nor shall he ex- pend any money so appropriated for any pur- pose other than that for which it was ap- propriated. Advertisements for supplies. Sec. 704. The commissioner shall from time to time, as may be necessary, advertise in the City Record and the corporation newspa- pers, for not less than ten days for pro- posals for all such articles and supplies (ex- cepting perishable articles) as shall be neces- sary to be used in and for the institutions in the department, and shaii award contracts for the same to the lowest responsible bid< ders who shall give adequate security for the faithful performance of such contracts. In case of an emergency the commissioner may purchase articles immediately required with- out calling for competition, but the amount expended by the commissioner for articles so required or for perishable articles shall not exceed the sum of two thousand dollars dur- ing any one month. Reqnisitiins and reports of subordi- nate oflicers. Sec. 705. Each superintendent, warden, or other chief officer of any institution under the charge of the commissioner shall make his requisitions in writing upon the commissioner for all articles deemed necessary by the said officer to be used in the institution or insti- tutions under his charge, and shall keep an accurate account of the same. It shall also be the duty of each such superintendent, warden or other chief officer to report once in each week to the commissioner the num- ber of persons who have been received, discharged or transferred, who have be- come sick or who have died, and the number remaining in the respective in- stitutions under their charge, the disci- pline which has been maintained, and the quantity and kind of labor performed, and such other information as the commis- sioner requires. Collection of fine*. Sec. 706. The department of correction is hereby authorized to demand and receive fines imposed for intoxication and disorderly conduct in the city of New York as oonsti- tuted by this act in the manner and for the purposes now prescribed by law. Commitment of disorderly persons and vagrants. Sec. 707. Whenever any person is convicted in the city of New York as constituted by this act, of public intoxication, disorderly conduct or vagrancy, the court or magistrate before wkich or whom such conviction is had shall impose upon the person so convicted one or other of the penalties herein provided. Upon a charge of vagrancy, the persons so convict- ed shall be committed to the workhouse in said city, or to a county jail, to be detained until discharged pursuant to sections 710 and 711 of this act, and for a ‘term not exceeding THE CHARTER OP THE CITY OP NEW YORK. 71 six months from the date of such commit- ment, and the warrant of commitment shali so recite. All persons convicted of any of the offenses last mentioned in any of the boroughs of the city of New York shall be committed to the workhouse on Biackwell’s Island, or to a county jail, except as herein- after provided, but may be thereafter trans- ferred by the commissioner to any branch workhouse in the control of the department. Upon a charge of public intoxication or dis- orderly conduct, the court or magistrate may impose a penalty, as follows: 1. Commit the person so convicted to the said workhouse or jail to be detained until discharged pursuant to sections 710 and 711 of this act, and for a term not exceeding six months from the date of such commitment, and the warrant of commitment shall so recite. 2. Impose a fine not exceeding $10. Upon the payment of the fine imposed, the person so convicted shall be forthwith discharged from custody. If the fine imposed be $2 or less, and be not paid forthwith, the person so fined shall be committed to a city prison or county jail for not exceeding two days, each day of imprisonment to be taken as a liquidation of $1 o_f the fine. If the fine imposed exceed the sum of $2, and be not paid forthwith, the court or magistrate shall commit the person so fined to a city prison or county jail and the warrant of commitment shall contain a di- rection that if the fine be not paid before 5 o’clock in the afternoon of the day succeed- ing such commitment, the person so committed shall be transferred to and detained in the workhouse until discharged pursuant to the provisions of this chapter, and for a term not exceeding six months from the date of :.;uch commitment. 3. Require any person convicted of disorderly conduct to give sufficient surety or sureties for his good behavior for any time not exceeding six months. In default of giving such surety forthwith, the court or magistrate shall com- mit such person to the city prison or county jail to be thereafter transferred to and de- tained in the workhouse until such surety is furnished, or until discharged pursuant to sec- tions 710 and 711 of this act, not exceeding, however, a term of six months from the date of such commitment. But no such person shall be discharged by the commissioner prior to the expiration of the time for which he was re- quired to give surety, except by order of. the magistrate who signed the last warrant cf commitment, granted as provided in this chap- ter. Snpepintendent of tlie worklxouse; re- portfu. Sec. 708. It shall be the duty of the superin- tendent of the workhouse to ascertain from the records thereof, and from examination and inspection of the person committed as afore- said, whether such person has, since April 4, 1895, and within two years next preceding the date of his commitment, been previously com- mitted to such institution upon conviction of public intoxication, disorderly conduct, or va- grancy. Within twenty-four hours after the commitment of any such person to the workhouse, the said superintend- ent shall transmit to the commissioner a written statement showing the name, sex, age, residence, occupation, height, weight and the color of the hair of any such person, and describing any scars, marks or deformities or other signs whereby such person may subse- quently be identified, the date of the commit- ment, the offense for which such person was committed and the name of the magistrate by whom the commitment was made. Such state- ment shall also show whether such person' has been previously committed to such institution within the period, and for any one of the causes above specified, and, if so, the number of times that such person has been so committed during such period, the date of the last previous commit- ment of such person for either of said offenses, the name of the magistrate by whom and the offense for which such last previous commit- ment was made, and the period of detention under such last previous commitment. Record of person.s comiuittcd. Sec. 709. It shall be the duty of the commis- ei'oner to keep a 'book or books in which shail be properly recorded the names of all per- sons committed under section 707 of this act, .and ali other facts which shall be certified to him by the superintendent of the workhouse as herein required. Such book or books are hereby declared to be public records and shall be open to public inspection, and shaii be in- dexed and kept so as to show whether any person committed, as prescribed by this chap- ter, has been previously committed within two years next preceding such commitment for any of the causes herein specified. Term of detentiou to be fixed by com- missioner. Sec. 710. Within three days after che com- mitment of any person as herein provided, it shall be the duty of the commissioner to as- certain from the aforesaid records whether such person has been committed to the work- . house after April fourth, eighteen hundred and ninety-five, and within two years next pre- ceding the date of such commitment for pub- lic intoxication, disorderly conduct or va- grancy, and to make a written order specify- ing the date at which such person shall be discharged, as follows, namely: In the case of a person v/ho has not previously been com- mitted for any one of the offenses herein specified within two years next preceding the date of his last .commitment, and after i April fourth, eighteen hundred and ninety- five, the said order shall direct that such per- son shall he discharged at the expiration of five days from the date of his commitment; in the case of a person who has been com- mitted once before within the period of two years next preceding the dlay of his commit- ment, and after April fourth, eighteen hundred and ninety-five, for any of the offenses herein specified, the said order shall direct thait such person shail he discharged at the expiration of twenty days from the date pf his commit- ment; and in the case of a person w’ho has been commifted more than once during the two years next preceding the date of his commitment, and after April fourth, eighteen hundred and ninety-five, for any * of the offenses herein speci- fied, the said order shall direct that such person be discharged at the expiration of a period equal to twice the term of his deten- tion under the last previous commitment, but not in any event exceeding six monchS’; provided, however: First, that in the case of a person committed upon conviction of va- grancy, the said order may direct that the said person shall he discharged at the expira- tion of a period to be fixed by the commis- sioner and stated therein, not exceeding six months and not less than the period of deten- tion above specified for first and subsequent commitments, as the case may be: Second, that whenever che period of detention of any such person under his last previous commit- ment shall have exceeded the period of deten- tion provided for by this section (either by reason of his detention on failure to furnish surety for his good behavior or by reason of the action of the commissioner upon a convic- 1 tiO'U of vagrancy), then such excess of deten- tion under his last previous commitment sha.ll not he considered by the commis,sioner in de'.ermining the date of his dist-harge un- der the existing commitment. The date of any order made pursuant to this section and fhe name of the person whose period of ds- tention is fixed thereby, and the period of de- lentiou therein specified shall be entered in the records required to be kept by section 709 of this act, and the said order shall forth- with be transmitted to the .superintendent of the workhouse. Upon the expiration of the term of detention specified therein, and upon the discharge of the person named therein it shall he che duty of such superin- tendent foithwith to return such order, with a written certificate indorsed thereon specify- ing the date of the discharge of the person named therein tO' the commissioner, who shall preserve the same as a public record. Discliarge of pei-soiis committed. Sec. 711. In any case where the period of detention, os fixed by the commissioner shall exceed twenty days, and shall be less than one hundred and sixty days, the magistrate who signed the last warrant of commitment may, after the expiration of twenty days, direct the discharge of any person so committed, but no such order or mandate shall be granted by any magistrate except upon the v/ritten certificate of the eemmissioner specifying the period of detention fixed by him for the per- son so committed, and upon an affidavit set- ting forth facts which in the opinion of the said magistrate, shall justify such discharge. The said affidavit and certificate shall be filed and preserved with the complaint upon which such person v/as last convicted. Upon any subsequent commitment, under section 707 of this act, of a person so discharged, the commissioner shall fix the period of deten- tion of such person at the term for which he would have been detained under the existing commitment if no such order or mandate had been granted. Transfer of inmates by eoinmissioner. Sec. 712. Tho commissioner may transfer and commit and cause to be transferred and committed from the workhouse to the city prison, penitentiary or to any other of the in- stitutions in the department, any person committed to the workhouse under section 707 of this act, whenever such transfer shall be necessary for the proper care and manage- ment of such city prison, penitentiarj’' or other institution or for the proper employment of such person. The comnjissioner may also tranisfer and commit and cause to be transferred from the workhouse to the city prison or penitentiary, any person committed to the workhouse under section 707 of this act, whenever, by reason of the number of offenders actually detained in such workhouse at any time,- there shall not be accommoda- tion therein for all the persons committed thereto; and in like manner the commissioner may ti-ansfer prisoners from one penitentiary to another penitentiary within the department or from one district prison to another district prison within the department, whenever it may be necessary to prevent overcrowding. The commissioner may also transfer and com- mit or cause to bo transferred and commit- ted from the city prison to the workhouse to be detained and employed therein any person who shall have been duly committed to the city prison. Alteration ami repair of bnildinss. Sec. 713. Whenever the increase of inmates in or the proper care and government of the institutions in the department shall in the judgment of the commissioner render it nec- essary or expedient, he shall have power to enlarge ox alter the building or buildings oc- 72 THE CHARTER OP THE CITY OF NEW YORK. cupied by such instituUous; and he shall also have power to make all needful repairs to such buildings and the appurtenances thereto, provided that an appropriation has been made therefor. The COTurnissloner shall when practi- cable cause the work of such alterations or repairs to be done by persons confined in such institutions. Additional siH^^ to be givou to iii- niates on «lis«"lia rf;e. Sec. "14. In addition to the donations, pro- vided by the general laws of the state, to be given to inmates of penal institutions upon their discharge, the commiissioner o’f correc- tions shall donate to each inmate serving a term longer than three years the sum of five dollars upon his discharge. CHAPTEU X7. FIHE DEPAKTMEIVT. Title 1. Organization, duties and powers of officers and men. 2. Fires and their extinction. .3. Prevention of fires; explosives and combustible materials. 4. Fire marshals and investigation of origin of fires. 5. Relief fund and pensions. 6. Tax upon foreign insurance com- panies. TITLE 1. 014laces of ainnsement. Sec. 762. All lights used in theaters and other places of public amusement, manufac- tories, stores, hotels, lodging houses and in show windows shall be properly protected by globes or glass coverings, or in such other manner as the fire commissioner shall pre- scribe. The owners and proprietors of ail manufactories, hotels, tenement houses, apart- ment houses, office buildings, boarding aiid lodging houses, warehouses, stores and offices, theaters and music halls, and the authorities or persons having charge of all hospitals and asylums, and of the public schools and other public buildings, churches and other places where large numbers of persons are congregated for purposes of worship, instruc- tion or amusement, shall provide such means of communicating alarms of fire, accident or danger, to the police and fire departments re- spectively as the fire commissioner or police board may direct, and shall also provide such fire hose, fire extinguishers, buckets, axes, fire hooks, fire doors arid other means of pre- venting and extinguishing fires as said fire commissioner may direct. In every building used or occupied as a hotel, lodging house or public or private hospital or asylum, there shall be employed by the owner or proprietor, or other person or persons having the charge or management thereof, one or more w'atch- men, v/hose exclusive duty it shall be to visit every portion of such building, at regular and frequent intervals, under rules and reg- ulations to be established by the fire commis- sioner, for the purpose of detecting fire or other sources of danger, and giving timely warning thereof to the inmates of the build- ing. In every room in each of said build- ings there shall be posted a card, upon which shall be printed a diagram showing the exits, halls, stairways, elevators and fire escapes, and in the halls and passageways, signs shall be posted indicating the location of the stairs and fire escapes. In each of the said buildings there shall be placed and provided electrical or other alarms and time detectors, to be approved by the fire com- missioner, by means of which the movements of said watchman may be recorded, • and through which alarms of fire or other danger may be instantly communicated, by means of bells or gongs, to every portion of the building. Said electrical apparatus, and all other appliances placed or kept within any of said buildings for the purpose of prevent- ing or extinguishing fires, or for affording means of escape therefrom in case of fire, shall be kept at all times in good working or- der and proper condition for immediate use, and any member of the uniformed force of said department may enter any of the said buildings at any time for the pur- pose of inspecting said apparatus or ap- pliances. The fire commissioner may detail, not to exceed two members of the uniformed force of said department, at each and every place of amusement where machinery and scenery are in use, while such place is open to the public, whose duty it shall be to guard against fire, and who sh^ll have charge and control of the means provided for its ex- tingui^ment, apd shall have control and direction of the employes of the place to which they may be detailed for the purpose of extinguishing any fire which may occur therein. It shall also be the duty of such member or members of the uniformed force of said department to inspect every portion of the building or buildings to which they may be detailed, during public performances therein, for the purpose of guarding and pro- tecting the occupants from fire or panic. Whenever any member of the uniformed force of said department shall discover in any inside aisle or passageway in any such place of amusement any camp stools, chairs, sofas or other obstructions, or any person or persons standing or sitting therein during any public performance, it shall be the duty of such member of the uniformed force forth- with to notify the proprietor or manager of such place of amusement, or any usher, agent or other employe of such proprietor or manager then present, to cause such obstruc- tion to be forthwith removed, or to cause the person or persons standing or sitting in such aisles or passageways to forthwith Vacate the same. If the manager or proprietor, or such usher, agent or employe shall cause or permit any camp stool, chairs, sofas or other obstructions to be placed or remain in any aisle or passageway, in any such place of amusement, or shall cause, or permit any person to' stand or sit therein during any public performance, or, having been so noti- fied, shall neglect or refuse to cause such obstruction to be forthwith removed, or to cause such person or persons to forthwith vacate said ai.sles or passageways, they .shall each severally be deemed to have violated the provisions and requirements of this tide and the regulations or orders duly made there- under, and shall be subject to the penalties pre.scribed in this act. In all places of public amusement or entertainment, not inciuded in the foregoing provis- ions, except in fireproof' buildings, there shall be employed, by the owner or proprietor thereof, one or more watchmen whose exclusive duty it shall be to protect and guard the inmates of such buildings from fire and other sources of daffiger. GiiiipoAvder and oilier exi»losive.s ; sales tliereol reg iilateil. Sec. 763. No person shall manufacture, have, keep, sell or give away any gunpowder, blasting powder, gun cotton, nitroglycerine, dualin, or any explosive oils or compounds within the corporate limits of the city of New York, except in the quantities limited, in the manner and upon the conditions herein pro- vided, and under such regulations as the fire commifesioner shall prescribe; and said com- missioner shall make suitable provision for the storage and safe keeping of gunpowder and other dangerous and explosive compounds or articles enumerated under this title, be- yond the interior line of low water mark in the city of New York. The said com- missioner may issue licenses to persons desiring to sell gunpow'der or any of the articles mentioned under this section at re- tail, at a particular place in said city to be named in said license (provided that the same shallnotbe inabuildingusedinany part there- of as a dwelling, unless specially authorized by said license), and persons so licensed may have on their premises, if actually kept for sale, a quantity not exceeding at any one time, of nitroglycerine, five pounds; of gun cotton, five pounds; of gunpowder, fourteen pounds; blasting powder, twenty-five pounds; and all of said articles shall be put up in tight metal- lic canisters, containing, or capable of con- taining not more than one pound each; and the person so licensed shall place on some con- spicuous part of the front of the stores or buildings in which they may be licensed to sell powder, or any of the articles named un- der this section, a sign on which shall be distinctly printed, in characters legible to per- sons passing such stores or buildings, the words, “Licensed to sell gunpowder,” or designating such other of the articles herein named as is there offered for sale; and every barrel, cask, canister, bottle, can, vessel, box or parcel, in which the same is sold, or into which the same is delivered on being sold, shall be distinctly labeled with a printed sign or label, printed upon or firmly affixed thereto, describing the article contained therein, with the word “Danger” distinctly printed below the same. No nitroglycerine, dualin or gun- powder shall be manufactured in said city, and no quantities of nitroglycerine, dualin or gunpowder greater than above provided shall be kept, carried or conveyed within said city; except that for the purposes of dis- tribution to or delivery from stores and build- ings in said city a quantity not more than five quarter casks may be carried at any one time, during the daytime, for the purpose of transportation from any vessel or send- ing the same to said stores or buildings, or any vessel or place with- out said city; provided, that in the carrying 76 THE CHARTER OF THE CITY OF NEW YORK, or convayiiig itie some it shall be proteeced by beipg completely and securely covered with a '.eather or canvas cover or case and marked “gunpowder.” The commander, owner or owners of any ship or other vessel arriving in the harbor of New York and having more chan twenty-eight pounds of gunpowder, dualin or nitroglycerine on board, shall within forty-eight hours after the arrival and before such ship or vessel shall approach nearer than three hundred yards of any wharf, pier or slip to the southward of a line dravvn through the center of Seventy-third street, immedi- ately give written notice to the said commis- sioiner o*f the fact chat such powder or nitro glycerine is on such vessel; but it shall be lawful either to proceed with such ship or vessel to sea within forty-eight hours after her arrival or to transship such gunpowder, dual in or nitroglycerine from one ship or vessel to another for the purpose of immedi- ate transportation without landing the same; provided, however, that the provisions of this section shall not apply to any vessel receiv- ing gunpowder on freight on any one day, provided such vessel do not remain at any wharf of the said city or he within three hun- dred yards thereof after sunset. All gun- powder, gun cotton, blasting powder, dualin, nitroglycerine or other explosive compound found in violation of this section shall be forthwith seized and safely stored and be sold upon three days’ notice to the owner or claimant; and the proceeds of such sale, after deducting all expenses, shall be forfeited and paid over to and for the use and benefit of the relief fund of the fire department of the city Of New York. Nothing contained in this sec- tion shall be construed to apply to any ship or vessel of war in the service of the United States or of any foreign government while lying distant three hundred yards or upward from the w'-harves, piers or slips of the said city, nor to any ship or vessel of w'ar in the service of the United States while lying at any part O'f the navy yard in the borough of Brooklyn. Fireworks and explosive compounds; manufacture and sale tliereof. Sec. 764. No fireworks, detonating works, cartridge, powder train, percussion caps, col- lodion, nitrate of soda, nitrate of silver, ether, phosphorus, matches, or explosive compounds shall hereafter be manufactured, stored, or kept upon sale in the city, except at such places, in such manner, and in such quantities as shall be determined by tne said commis- sioner in the exercise of his discretion, under a permit by him granted therefor, and subject to he revoked at any time by said commission- er. Fireworks, consisting of Chinese crack- ers, rockets, blue lights, candles, colored pots, lance wheels, and other works of brilliant- colored fires may he kept upon sale inter- vening the tenth day of June and the tenth day of July, in each year, by retail dealers, un- der such reasonable regulations as said com- missioner may prescribe, under a permit is- sued therefor; and no quantity of the follov/- Ing-named chemicals, acids and combustible materials, greater than as hereinafter enum- erated, shall be stored or kept in or upon any one building within the city, namely: Sulphur, 1,000 pounds; manufactured matches, 500 pounds; saltpetre, nitrate of soda, 500 pounds In the whole; nitrate of silver, collodion, ether, phosphorus, fifty pounds in the whole; aqua fortis, muriatic acid, nitric acid and sulphuric acid, not exceeding 1,000 pounds in the whole; tar, pitch, rosin, turpen- tine. 100 barrels in the whole, except the same shall be stored and kept in such build- ing and manner as said commissioner may re- quire, under a special permit by him Issued therefor. 1‘etroleiiiu and coal oils, etc.; sale thereof. Sec. 765. No person shall have, keep on sale, or store In any place or building within the corporate limits of the city, any crude pe- troleum, coal or any similar oil. nor any of their products, either of which shall einit an infiammable vapor at a temperature below one hundred degrees of Fahrenheit, except under the following provisions; they or any of their products may be stored in detached and properly ventilated warehouses, the outer walls of which shall be stone, brick, or iron, especially adapted for the purpose by having raised sills, at least two feet high, or the ground floor of which shall be at least two feet below the level of the street or adjoining yard, or so constructed as to actually prevent the overflow of such substances beyond the prem- ises w'here the same may be kept stored; said warehouses shall not he occupied in any part as a dwelling, and if less than fifty feet from any adjacent dwelling the same must be separated by a brick or stone wall, at least ten feet in height and sixteen inches thick, constructed in such manner as said commissioner may prescribe, but the samemay be stored >n such other manner as said com- missioner may designate under a special per- mit issued therefor. No refined petroleum, kero- sene, coal or similar oil, or earth or rock oil, dr machinery oil, or any product thereof to be used for illuminating or heating pur- poses w'hleh shall emit an infiammable vapor at a temperature below one hundred degrees Fahrenheit, shall be kept upon sale or stored within the corporate limits of the city. All said articles shall be tested and their quality determined by sanitary surveyors authorized by said commissioner, using G. Tagliabue’s instruments, or such other instruments as may be designated by said commissioner, the barrels or packages containing the same to be legibly stamped or marked with said in- spector’s official stamp or mark. No refined pe- troleum, kerosene, gasoline, naphtha, or ben- zene, benzole, camphene, or burning fluid, or products or compounds containing any of said substances, when temporarily placed above the cellar or basement of any building, and in barrels of not over forty-five gallons each, or in metallic vessels or tanks, shall exceed in the whole quantity the contents of, fifty of said barrels; provided, however, that the whole quantity of said refined oils that may be so kept or stored over night shall not ex- ceed the contents of ten of said barrels, un- less stored in the manner provided for storing crude petroleum, and when stored in cellars or basements, surrounded by walls of brick or stone, and at least two feet below the level or grade of the sidewalk, street, or land adjacent, the whole quantity shall not exceed the contents of one hun- dred and fifty barrels, unless stored in warehouses specially adapted for that pur- pose, as required for tfie storage of crude petroleum under this section; provided, also, that no quantity of said oils greater than one barrel shall be stored or kept in any building occupied in any part thereof as a dwelling. No refined petroleum, kerosene, gasoline, naphtha, benzine, benzole, camphene, burn- ing fluid or products or compounds containing any of said substances, shall be kept or stored on or above the first story or floor. of any building, exceeding in the whole quantity the contents of five barrels, of forty gallons each. In no case shall any of the articles named in this section be allowed to remain on the sidewalk beyond the front line of any build- ing, or in or upon the streets, dO'Oks, piers, bulkheads, slips, highways or public places a longer time than is actually necessary for the removal or loading of the same, and said commissioner may establish and enforce gen- eral regulations and issue such orders and special directions relative to the handling, lightering, carting, loading and transportation of the several articles named under this sec- tion as in his discretion shall be deemed necessary tor the public protection, and said commissioner may issue special permits au- thorizing the keeping of any of the articles enumerated under this section in buildings, tanks or structures fireproof throughout, In such quantities, in such manner, and subject to such regulations as shall tend to secure the same against danger. Id.; continued. Sec. 766. No person shall sell at retail or give away any kerosene, or other product of petroleum, or any similar oil to be used for heating or illuminating purposes, without first obtaining a license therefor from the fire commissioner, under such rules and regula- tions as he may prescribe, which license shall be for the term of one year and shall not be transferable, and for every such license and for every renewal of the same the said com- missioner shall demand and receive the sum of ten dollars. Said licensed shall be posted in a conspicuous place in the store of the per- son or persons to whom the same is issued, and may be revoked for cause by said commls- sioiner. Any person who shall sell any of the compounds above mentioned in this or the last sect. on, without first obtaining a license therefor, shall forfeit and pay the suni of twenty-five dollars. But licenses for this pur- pose may be granted in the boroughs of Queens and Richmond without the payment of the license fee in this section prescribed. Criminal liability if death resalts from violation of foregoing- vnle.s. Sec. 767. In case any person is burned by the explosion of any compound, the sale of which is prohibUed by any section of this title, or which has not been subjected to sanitary sur- vey, or licensed as therein provided, and death ensues thereform, the person found guilty of selling the same shall be deemed guilty O'f a felony, and, upon conviction, shall be punished by a fine of not less than one thousand dollars, nor more than five thousand dollars, or by imprisonment in the state pris- on for a term not less than one year nor more than five years; and In case of a bodily injury the party Injured may maintain an ac- tion for damages against the party violating Che provisions of this title. Any dealer who shall present and deliver for sanitary survey a sample of oil different from, and which does not represent the quality of oil actually kept by him or her for sale, and not taken from the actual stock being offered for sale, and of the same quality therewith, shall for- feit and pay the sum of fifty dollars. If any fire insurance company, organized under the laws of this state, or any insurance company of any other state, or any foreign insurance company authorized to do the business of in- surance in this state, shall indorse upon any policy issued by them the right or privilege to keep, deal in, give away, sell, or use any article or co'mpound of a com'bustl'bie or ex- plosive character, the sale of which is made unlawful by any act of the legislature oo.ses of examination. Sec. 771. The commissioner and his offi- cers or agents, under the direction of the commissioner, or either of them, are hereby empow-ered at any and all times to enter into and examine all buildings, dwelling houses, livery and other stables, hay boats or ves- sels and places where any merchandise, gunpowder, hemp, flax, tow, hay, rushes, firewood, boards, shingles, shavings or oth- er combustible materials may be lodged, for the purpose of ascertaining all violations of any of the provisions of this title, and also the places where ashes may be deposited, and upon finding that any of them are de- fective or dangerous, or that a violation of this title exists therein, may deliver a writ- ten or printed notice, containing an extract from this title, of the provisions in reference thereto, and notice of any violation theieof, 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 materials, or any of them, so to remove, amend or secure the same within the time and in the manner directed by the said commissioner in such notice, the party offending shall forfeit and pay, in addition to any penalty otherwise imposed, the sum of twenty-five dolars, and the further sum of five dollars for every day’s neg.ect to remove, amend or secure the same after being so, notified. All the expenses of any removal, alteration or amendment as afore- said, shall be paid in the first instance by the occupant, but shall be chargeable against the owner of such dwelling house or other build- ing, and shail be deducted from the rent of the same, unless such expense be rendered necessary by the act or default of such occu- pant, or unless there be a special agreement to the contrary between the parties. Information to be fnrnlslied 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 re- quired, touching the condition of any build- ing and the business therein proposed to be conducted, preliminary to obtaining such per- mits. Pines and penalties. Sec. 773. Any person, persons or corpora- tions for the violation of or non compliance with any of the several provisions of the sev- eral sections of this title, when the penalty is not therein specially provided, shall severally forfeit and pay a fine or penalty in the sum of fifty dollars for each and every offense or ^11 forfeit and pay the penalties respect- ively Imposed under any of said sections, and shall also be severally liable for any costs or expenses that may be incurred by any viola- tion of, or non compliance with, any require- ment under said sections, and shall also be severally liable for the payment of the fur- ther penalty of the sum of fifty dollars for any violation of, or non compliance with, any regulation, order or special direction issued by said commissioner, or for failure to attend and testify as required by any subpena issued, as authorized under this chapter. Said commis- sioner may, in his discretion, pay a portion of a fine or penalty when collected, not to exceed one-half thereof, to any person giving Information of any such violation. All suits and proceedings authorized by this title or to recover any penalty for the violation of or failure to comply with any law or any rule, regulation, order or requirement of, or made pursuant to the provisions of any law, the en- forcement of which is charged upon said de- partment or any of the several bureaus there- of, shall be brought by and in the name of the fire commissioner of the city of New York, but no fees or costs shall be demanded of said department in any such suit or pro- ceeding. Any person who shall wilfully vio- late or neglect or refuse to comply with any provision or requirement of this title or any regulation, order or speciaj direction duly made thereunder, shall also be guilty of a mis- demeanor. TITLE 4. FIRE yiARSHAbS AND INVESTIGATION OF ORIGIN OP FIRES. Investigation of fires, etc. Sec. 779. The fire commissioner is hereby authorized to appoint and remove a fire mar- shal for the boroughs of Manhattan, the Bronx and Richmond, and a fire marshal to be seated in Brooklyn and to exercise his power* within the boroughs of Brooklyn and Queens. Said fire marshals shall, within such bor- oughs, respectively, to which they may be as- signee, have and possess all the powers here- tofore conferred by law upon the fire marshal of the, corporation heretofore known as the mayor, aldermen and commonalty of .the city of New York. The salary of each of said fire marshals shall be $3,000 a year. The fire commissioner, himself, or by said marshals, is hereby authorized and empowered to inves- tigate, 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 chapter or of any of the several regulations, orders, or special directions issued by the fire commis- sioner for the purpose of the discovery of any delinquency in the non-performance of duty or violation of discipline on the part of any oificer, agent or employe of said fire depart- ment, or any supposed cases of arson or in- cendiarism, which may be brought to his no- tive; and said tire commissioner in and about any examination, investigation or inquiry be- fore him or his marshals, touching any mat- ter or thing therewith connected, may sub- pena and compel the attendance of any per- son or persons, and the production of any books, papers, archives, or documents in his or their possession, or under his or their con- trol, in the judgment of the fire commissioner connected with and necessary to such exami- nation, investigation, or inquiry, before him or his marshals, at the time and place therein named; and for the purpose aforesaid the cor- poration counsel may, at any time, obtain to be issued subpenas out of the supreme court, testedunder the name of a justice of said court, in like form and with like effect as though issued by said justice in any action pending in a court of record, and said subpena may be served, and proof of such service may be made, in the same manner as now by law pro- vided for the service of subpenas out of said court; and upon proof of service and proof of non-compliance, failure to attend and testify on the part of any person or persons, as re- quired by said subpena, or failure or refusal on the part of any person or persons to pro- duce any such books, papers, archives, or doc- uments, in his or their possession, or under his or their control, or a failure or refusal on his or their part to answer any question put to him or them, and pertinent thereto, upou any examination. Inquiry or investigation as aforesaid, application may be made before any justice of said court, who shall, in case he shall decide such question pertinent and prop- 78 THE CHARTER OF THE CITY OF NEW YORK. er to be answered, thereupon cause to be ar- rested, and may punish as tor a contempt of the orders of said court, the person or per- sons named in said subpena, and in such case the laws, rules and proceedings relating to punishment tor contempts, and usual in said court, or before any justice thereof, shall be applicable thereto. Said commissioner and fire marshals, in conducting any examination or Inquiry as aforesaid, are hereby authorized to administer .any oath or affirmation in the matter, and any false swearing under said oath or affirmation thus administered shall be perjury, and punishable as such in such man- ner as now provided under the laws applica- ble thereto; and said examination or investi- gation 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 designated, and any person subpenaed 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- pena, and with like effect as to any failure to appear and answer under the requirements therein contained; provided, that any testi- mony or evidence taken as aforesaid shall be for the information and instruction of said fire commissioner in the discharge of his du- ties, and in the prevention of future fires, and the protection of property, and shall be care- fully kept in the archives and possession of said fire department, and shall in no manner be used in any criminal proceeding or action, but may be placed before any grand jury in said city of New York. Such investigations In relation to the subject matter hereinabove defined within the boroughs of Brooklyn and Queens, shall be carried on by the deputy commissioner and fire marshal seated in the borough of Brooklyn, under the direction of said fire commissioner. Fire inai-slials may enter l»uildins.s to examine them. Sec. It shall be the duty of a marshal, or his officers and agents, when authorized by him in writing so to do, to enter into any building or premises within said city for the purpose of examining, or causing to be ex- amined, the stoves and pipes thereto, ranges, furnaces and heating apparatus of every kind whatsover, including the chimneys, flues and pipes with ivhicb. the same may be connected, eng.ne rooms, boilers, ovens, kettles, and also all chemical apparatus or other things which in his opinion may be dangerous in causing or promoting fires, or dangerous to the fire- men or occupants in case of fire; and upon find- ing any of them defective or dangerous, or in any manner exposed or liable to fire from any cauae, he shall report the same to the commis- sioner, who may thereupon issue orders or spe- cial directions, either printed or written, di- recting the owner or occupant to alter, remove or remedy the same in such manner and with- in such reasonable time as may be necessary, and in respect thereto may authorize and di- rect the use of such materials and appliances as shall be deemed proper and necessary; and in case of neglect or refusal so to do within the time prescribed by such orders or direc- tions, such fire marshal, under the direction of said commissioner, shall cause said altera- tion, removal or ocher necessary act or work to be done, and the expense thereof shall be charged to the party so offending, to be sued for and recovered in the manner herein pro- vided for the recovery of fines and penalties under this chapter. Id.; to trace the cause of fires; arrest of snspeeted i>ersons. Sec. 7S1. It shall be the duty of a fire mar- shal to examine into the cause, circumstances, and origin of fires occurring in said city, by which any building, vessels, vehicles, or any valuable personal property shall be accident- ally or unlawfully burned, destroyed, lost or damaged, wholly or partially; and to especial- ly inquire and examine whether the fire was the result of carelessness or the act of an in- cendiary. Such fire marshai shall take the testiu'.ony, on oath, of all persons supposed to be cognizant of any fact or to have means of knowledge in relation to the matters here- in required to be examined and inquired into, and cause the same to be reduced to writing, verified and transmitted to the fire commis- sioner with his report in writing, embodying his opinion and conclusions in relation to the matter investigated. Such fire marshal shall report in writing to the fire department, to the police department, to the district at- torney, to the New York board of fire under- writers, to the owners of property, or other persons interested in the subject matter of investigation, any facts and circumstances which he may have ascertained by such in- quiries and investigations which shall, in his opinion, require attention from or by either of said departments, officers or persons; and it shall be the duty of such fire marshal, whenever he shall be of opinion that there is evidence sufficient to charge any person with the crime of arson, to cause such per- son to be arrested and charged with such offense, and furnish to the district attorney all the evidences of guilt, with the names of witnesses, and all the information obtained by him, including a copy of all pertinent and material testimony taken in the case; and he shall specially report to the fire commission- er, as often as such commissioner shall re- quire, his proceedings, ar.d the progress made in all prosecutions for arson and the result of all cases which are finally disposed of. Itl.; may compel attendance of wit- nesses. Sec. 782. A fire marshal shall have power to issue a notice in the nature of a subpena, in such form, and subscribed in such manner, as the fire commissioner shall prescribe, to compel the attendance of any person as a witness before him, to testify in relation to any matter which is, by the provisions of this title, a subject of inquiry and investigation by the said marshal. The said marshal shall be, and hereby is authorized to administer and verify oaths and affirmations to persons appearing as witnesses before him; and false swearing in any matter or proceeding afore- said shall be deemed perjury and shall be pun- ishable as such. Upon the presentation of satisfactory proof of due service of any sudh notice in the nature of a subpena, upon any such witness, and of a failure by such witness to obey the same, it shall be the duty of the fire commissioner to make an order that the said witness be arrested and brought before said marshal, to testify what such witness may know in relation to the subject matter of inquiry. Such order may be executed by any member of the police force, by arresting and bringing such witness before the said marshal, but such witness shall not be detained longer than is necessary to take such testimony. The fire marshals shall have authority at all times of the day or night, in performance of the duties imposed by the provisions of this title, to enter upon and examine any building or premises, when any fire shall have occurred, and the buildings and premises adjoining and near to that in which the fire occurred. Id.; commissionei" may saperxise in- vestigations l*y. Sec. 783. It shall be the duty of the fire com- missioner to supervise and direct, whenever he shall be of opinion that the public interest will be subserved thereby, the investigations, examinations, and proceedings of said mar- shals, and make all needful and proper rules and regulations in relation to the duties of the office, and the manner of performing the same. * TITLE 5. RELIEF FUND AND PENSIONS. Of wliat fnnd consists; officers and in- i-cstinent. Sec. 789. The New York fire department relief fund shall consist of: 1. The capital, interest, income, dividends, cash deposits, securities and credits formerly or now belonging to said funds in any of the municipal and public corporations, or parts thereof, hereby consolidated into the city of New York. 2. All forfeitures and fines imposed by the fire commissioner, from time to time, upon any member or members of the fire depart- ment force by way of discipline. 3. All rewards in money, fees, gifts, testi- monials and emoluments that may be paid or given for account of extraordinary services by any member of the fire department force, except such as have been or shall he allowed by the fire commissioner, to be retained by said member or members, and such as have been or shall be given to endow a medal or other permanent or competitive reward. 4. All proceeds of suits for penalties, under title three of this chapter, and all license fees payable under the same. 5. All proceeds of sales of condemned horses and other personal property in use by said department. 6. All moneys, pay, compensation or salary, or any part thereof forfeited, deducted or withheld from any member or members oi the fire department force, for of on account of absence from duty, to be paid monthly to the treasurer of the said relief fund, by the controller of the city of New York, and the fire commissioner is authorized and empow- ered, in his discretion, to deduct and with- hold pay, salary or compensation from any member or members of said force, for or on account of absence from duty, except when such absence shall be caused by sickness or disability, for which leave of absence shall have been granted, in accordance with the rules o'f said department. 7. Ten percentum annually of all excise moneys or license fees belonging to the city of New York, as constituted by this act, and derived or received by any commissioner of excise or public officer, from the granting of licenses, or permission to sell strong or spirit- uous liquors, aie, wine or beer, in the city of New York, under the provisions of any law^ of this state authorizing the granting of any such licenses or permission; the said ten per centum thereof to be paid quarterly by the controller of said city, who is hereby au- thorized and required to pay the same to tha treasurer of the said relief fund, for tha benefit thereof, without any action or author- ity of or from the board of estimate and ap- portionment, such sum to amount in each and every year to not more than $150,000. The commissioner of the fire department of the city of New York is hereby constituted and declared to be the trustee of the New York fire department relief fund, shall receive all moneys applicable to the same and deposit 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 re- ceive and deposit the funds applicable to the same, as received, to the credit of said fund, or to invest the same in bond and mortgage on improved property worth twice the amount loaned, or in public stocks, as said trustee THE CHARTER OP THE CITY OF NEW YORK. 79 may deem most advantageous for the object of such fund, and said trustee is empowered to make all necessary contracts, and to take all necessary remedies in the premises. The treasurer of said fund shall give a bond, with one or more sureties, in the sum of $20,000, for the faithful performance of his duties, said bond to be approved by the controller and filed in his office. And the said trus- tee for and on behalf of the uses and purposes of said fund, shall be entitled to receive, and there shall be paid to him all duties, taxes, allowances, fines, penalties and fees to which the fire department of the city of New York as at any time heretofore established, has been or is now entitled, except as in this act otherwise specially provided, and the said trustee may lake, by gift, grant, devise -or bequest, any money, real or personal proper- ty, right of property for other valuable thing, the annual income of which shall not exceed $30,000 in the whole; and in any year, when the condition of the said relief fund shall render ii, in the judgment of the said trustee, necessary, he may receive from the board of estimate and apportionment of the city of Nev/ York, a sum not exceeding $10,000, to be included in the annual estimate of the fire commissioner and drawn and collected by him in like manner as the other moneys ap- plicable to his expenses; and such amounts so obtained shall, in like manner, be paid to and applied by the treasurer to the uses of said fund, by deposit or investment as herein- before provided, as the trustee thereof shall direct; provided, that the sum of $200,000, which may be received and accumulated un- der the provisions of this title, shall be re- served and retained as a permanent fund, the annual income of which. may be made available for the uses and purposes of said relief fund. Retiring- members of lire department; pensions, etc. Sec. 790. The fire commissioner shall have the power to reitire from all service in the said fire department, or to relieve from service at fires, any officer or member of the uniformed force of said department, who may, upon an examination by the medi- cal ofiicere, ordered by the said fire commis- si-oner, be found to he disqualified, physically or mentally, for the performance of his du- ties; and the said officer or member so retir- ed from service shall receive from said re- lief fnnd an annual allowance as pension in case of total disqualificatio-:’ 'or service, or as compensation for limited serv.ce in case of partial disability; in every case, the said fire commissioner is to determine the cir- cumstances thereof, and said pension or al- lowance so allowed is to be in lieu of any salary received by such officer or member at the date of his being so relieved or retired frcm fire duty in said department, and the said department shall not be held liable for the payment of any claim or demand for serv- ices thereafter rendered, and the amount of such pension or allowance shall be deter- mined upon the following conditions; In case of total permanent disability, at any time, caused in or induced by the actual perform- ance cf the duties of his position, or which may occur after teai years’ active and contin- uous service in the said fire department, the amount of annual pension to be allowed shall be one-half of the annual compensation allowed such officer or member as salary at the date of his retirement from the service, or such less sum in propiortion 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 re- ceived in the active discharge of his duties disqualify him only from performing active duty in the uniformed force, he shall be em- ployed at the salary received when such dis- ability occurred in some position in the de- partment not requiring active service as a fireman. In case cf total permanent disabil- ity not caused in or induced by the actual performance of the duties of his position, or Which shall have occurred before the expira- tion of ten years' active and continuous serv- ice in the said fire department, the amount of annual pension to be allowed shall be one- third of the annual compensation allowed such officer or member as salary at the date of his retirement from the service, or in pro- portion to the number of officers and members so retired, as the condition of the fund will warrant. In case of partial permanent disa- bility, caused in or induced by the actual performance of the duties of his position, or whi-dh may occur after ten years’ active and continuous service in the said fire depart- ment. the officer or member so disabled shall be relieved from active service at fires, but shall remain a member of the uniformed force, subject to the rules governing said force, and to the performance of such light duties as the medical officer of the said fire department 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 annua! compensation allowed as salary at the date O'! his being so relieved, or such less sum, 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 permanent disability, not caused or induced by the actual performance of the duties of his position, or which may occur before ten years’ active and continuous service in the said fire depart- ment. the officer or member so disabled shall be relieved from active service at fires, but shall remain a member of the uniformed force, subject to the rules governing said force and to the. performance of such light duties as the medical officer of said depart- ment may certify him to be qualified to per- form, and the annual allowance to be paid such officer or member shall not exceed one- third of the annual compensation allowed as salary at the date of his being so relieved, or such less sum as the fire commissioner may in his discretion determine or as the condition of the fund will warrant. Any officer or member of the uniformed force of the said fire department of the city of New York who has or shall have performed duty therein for a period of twenty years or upward shall, upon his own application 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 relief or pension fund, and awarded and granted, to be paid from the said relief or pension fund, an annual pension during his lifetime of a sum not less than one-half the full salary or compensation of such mem- ber so retired. The pensions granted under this section shall be for the natural life of the pensioner, and shall not be revoked, re- pealed or diminished; provided, however, that no member of either of the uniformed fire de- partments by this act consolidated having a right to retire on pension at the time this act takes effect shall be deprived of such right Dy reason of his remaining a member of said fire department, or of anything in this act contained. Tm.sfee of relief fond; when to pay pensions. Sec. 791. The trustee of the relief fund is authorized and empowered from time to time, | to pay a pension out of said relief fund to I the widow, child or children or dependent parent | or parents of any deceased officer or member ot the uniformed force of the said fire depart- ment, if the death of such officer or member occur during his service in the said uniformed force, or after he was retired from service in said uniformed force; provided that the amount of any such pension to be paid by the said trustee, to each of the several representa- tives of such officer or member as aforesaid (in case there shall be more than one), may be, from time to time, determined by the said trustee according to the circumstances of each case, and that such pension may be or- dered to cease and terminate at any time if, in the opinion of the trustee, the circum- stances should warrant the same; and further provided that not more than $300 shall be paid in any one year to the representative or repre- sentatives of such officer or member, and that no part of such sum shall be paid to any such widov/ who shall marry again after her remar- riage, or to any child after it shall have reached the age of 16 years. In case any offi- cer or member of the uniformed force of said department is hereafter killed while actually engaged In the perfo'rmance of duty, or if death ensues as the immediate effect of in- juries so received the trustee of said relief fund shall have the power to award to the widow of such officer or member an annual al- lowance as a pension, to be paid out of the said relief fund, in an amount not to exceed one- half of the salary or compensation of such offi- cer or membei at the date of his decease. If such officer or member dying leaves no widow sur- viving him, but leaves a child or children, un- der the age of 18 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 amount not to exceed one-half of the salary or allowance ot such officer or member at the date of the decease. The amount of such an- nual allowance to any such widow shall not exceed the sum of $1,000, a^id shall cease upon her death or remarriage, or if she shall have been guilty of conduct which, in the opinion of said trustee, renders further payment inex- pedient. The amount of such annual allowanc# to any one such child, or dependent parent or parents, shall not exceed the sum of $500, and in every case such payment shall cease upon the death or marriage of such child, or upon its reaching the age of 18 years. If such pay- ment to the widow of any such officer or mem- ber shall cease by reason of her death, remar- riage 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 surviving him. The widows and orphans and retired members of the -Brooklyn fire department, or of any other fire department of any of the municipal and public corporations or parts thereof hereby consolidated, shall be en- titled to receive from the fire department pension fund herein created the amounts which they would respectively have been legally entitled to receive on the 31st day of December, 1897, from any fire department pension or relief fund heretofore existing In any of said municipal corporations or parts thereof. Life insurance fnnd. Sec. 792. The life insurance fund shall con- sist of all moneys that are now to the credit of the New York fire department life insur- ance fund and the Brooklyn fire department widows’ and orphans’ relief fund; and all per- sons who have paid into the said respective funds, and who shall continue to pay into 80 THE CHARTER OP THE CITY OF NEW YORK. the life insurance fund, shall receive the ben- efits of said fund as provided in this chapter. There shall be deducted from the monthly pay of each officer and fireman of said depart- ment, and from the monthiy pension of retir- ed members of said department, and from the pay of such other employes of said depart- ment as shall heretofore have availed them- selves of this provision, the monthly sum of one dollar, which shall be received and held by the treasurer of the relief fund, in the like manner as the other moneys herein provided to be paid to him, and which shall be known as the New York fire department life insur- ance fund; and in case of the death of any member or employe of said department in the service thereof, who has availed himself of this provision, or of any pensioned or re- tired member of said department, and so contributing, there shall be paid to the widow, or if there be no widow, then to the legal representatives of such deceased member, or employe, or pensioned and retired member, the sum of one thousand dollars out of the mon- eys so assessed; and in case, by reason of the number of deaths, the aggregate amount of money so provided to be assessed and collect- ed should prove inadequate to^ make such pay- ment, then the assessment may, in the dis- cretion of said trustee, he increased to not exceeding 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 mem- bers of the uniformed force shall hereafter be eligible to membership in this fund. If In any year, owing to an excessive mortality in the uniformed force, the condition of said life insurance fund shall render it, in the judgment of the said trustee, necessary, a sum not exceeding five thousand dollars may be transferred and paid over from the said relief fund to the said life insurance fund for the use and purpose of said life insurance fund. TITLE 6. TAX UPON FOREIGN INSURANCE COMPANIES. Corporations liable to taxation. Sec. 798. Any corporation or association created by or organized under the laws of any government other than the states of this Union, and having assets, funds or capital, not less in amount than one hundred and fifty thousand dollars, invested in this state, shall be liable to taxation upon such assets, funds or invested capital, as the same is levied or assessed yearly by law, which tax shall be paid as follows: Such an amount thereof as would be equal to two per centum upon its gross premiums received for insurance upon property, in the city of New York, shall, ex- cept as otherwise in this title provided, be paid annually to the fire commissioner a.s treasurer of the fire department, and the res- idue 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 cor- poration or association making the same from any and all further taxation upon its premiums, capital or assets, and whenever such capital shall be reduced below said sum of one hundred and fifty thousand dollars, or withdrawn entirely, then, and in either event, such corporation or association shall be lia- ble to pay the tax upon its premiums as heretofore provided in this title. Moneys paid f the fire department shall apprO'priate and apply the remainder of the moneys so to be collected and received to the uses and purposes of the relief fund of said department. Until the seventeenth day of January, nineteen hundred and seventeen, the treasurer of said fire department shali render to the treasurer of the corporation known as the trustees of “The Exempt Fire- men’s Benevolent Fund Association of the Twenty-third and Tw'enty-fourth Wards of the City of New York (late town of Morrisania, in the county o- poiiitment, term of office, ]>re.si«Ient and salaries. Sec. 816. The head of the department of docks and ferries shall be called the board of docks. The bo'ard of docks shall consist of chree persons, to be knowm as commissioners of docks. They shall be residents of the city of New York and shall be appointed by the mayor, and ho'ld their respective offices as provided in chapter IV of this act. Said commissioners shall elect one of their num- ber president of said board. The salary of the president shall be six thousand dollars a year, and the salary of each of the other tw'o commissioners shall be five thousand dollars a year. Extension of jurisdiction to new ter- ritoi’y. Sec. 817. All the powers and duties hereto- fore vested in and devolved upon the depart- ment of docks, of the mayor, aldermen and commonalty of the city of New York, are de- volved upon and vested in the department of docks and ferries hereby created, and in addition thereto the powers and duties of said department are hereby extended so as to include all the water front, wharf property, lands under water, wharves, piers, bulkheads and structures thereon situate, within the city of Brooklyn; the county of Richmond and that portion of Queens county by this act consolidated with the corporation known as the mayor, aldermen and commo'nalty of the city of New York; and the said board of docks shall have the same powers, subject to the approval of the commissioners of the sink- ing fund, to adopt and execute a plan or plans for the water front of the city of New York, as constituted by this act, and to fix and establish the line of solid filling, bulkheads and pier- head lines, the distances between piers, meth- ods and character of construction of wharves and piers within the entire territory of the city of New York, as constituted by this act, that the said department of docks possessed at the time this act takes effect within the territory of the city of New York, as hereto- fore known and bounded. Jurisdiction, i>owers and duties. Sec. 818. The board of docks shall have ex- clusive charge and control, subject in the par- ticulars hereinafter mentioned to the com- missioners of the sinking fund, of the wharf property belonging to the corporation of the city of New York, as constituted by this act, including all the wharves, piers, bulkheads and structures thereon, and waters adjacent thereto, and all the slips, basins, docks, wa- terfronts, land under water and structures thereon and the appurtenances,easements,uses, reversions and rights belonging thereto which are now owned or possessed by the said cor- poration, or to which said corporation is, or may become entitled, or which said corpora- tion may acquire under the provisions hereof, or otherwise; and said board shall have ex- clusive charge and control of the repairing, building, rebuilding, maintaining, altering, strengthening, leasing and protecting said property, and every part thereof, and of all the cleaning, dredging and deep- ening necessary in and about the same. Said board is also hereby invested, ex- cept as otherwise expressly stated in this act, with the exclusive government and regulation of all wharf property, wharves, piers, bulk- heads and structures thereon, and waters ad- jacent thereto, and all the basins, slips and docks, with the land under water in said city not owned by said corporation. The board of docks shall not have power to change the exterior line of piers and bulkheads, estab- lished by law. The board of docks shall also have exclu- sive charge and control, subject in the partic- ulars hereinafter mentioned to the commis- sioners of the sinking fund, of all ferries and ferry property belonging to the oorporation of the city of New York,, as hereby constituted. Plans for ’water fronts. Sec. 819. The plan or plans for the whole or any part of the -wmter front of the city of New York, as constituted by this act, includ- ing the water front on the westerly side of the Harlem river from the easterly line of the Third avenue where said line strikes said river along the water front from said line to the northerly side of Eighty-sixth street on the East river determined upon by the department of docks, of the city of New York, as heretofore known and bounded, adopted and certified to by the commissioners of the sinking fund, and filed in the office of said department of docks, in accordance with the provisions of the third subdivision of section ninety-nine of chapter one hundred and thir- ty-seven of the laws of eighteen hundred and seventy as amended by section six of chap- ter five hundred and seventy-four of the laws of eighteen hundred and seventy-one and such plan or plans as may be determined upon pursuant to section 817 of this act, by the board of docks created by this act, adopted and certified to by the commissioners of the sinking fund and filed, or that may be filed in the office of said board of docks shall be and continue to be the sole plan or plans, according to which any wharf, pier, bulkhead, basin, dock, slip or any wharf structure or superstructure shall be laid out or construct- ed within the territory or district embraced, or that may hereafter be embraced in and specified upon said plan or plans, and shall be the sole plan or plans and authority for solid filling in the waters surrounding the city of New York, and on said Harlem river, and for extending piers into said waters and erecting bulkheads around said city, and on the westerly side cf the Harlem river, and all other provisions of law regulating solid filling and pier and bulk- head lines In said waters, are to be deemed to be repealed whenever said plan or plans is or are inconsistent with such provisions of law and all laws giving any power or authority as to said water front in the territory em- \ braced in this section, to any other depart- ment of the city of New York, as heretofore known and bounded, or to any department of any municipal or public corporation which, or part of which, is consolidated by this act with the may’or, aldermen and commonalty I of the city of New York, are hereby repealed. ! No wharf, pier, bulkhead, basin, dock, slip, , exterior street or any wharf, structure or su- perstructure shall be laid out, built or rebuilt. THE CHARTER OF THE CITY OP NEW YORK. 83 ■within such territory or district except in ac- cordance with such plan or plans, provided that said board of docks, with the consent and approval of the commissioners of the sinking fund, may, from time to time, change the width or location of the piers laid down on said plan or plans; and provided, also, that said board of docks may build, or rebuild, or license or permit the building or rebuilding, of temporary wharf structures, and said board may lease land covered with water belonging tothecity of New York for the purpose there- of, such lease, license or permit to continue and remain at the will and pleasure of said board, or for a time not longer than until the wharves, piers, bulkheads, basins, docks, or slips to be built or constructed according to such plan or plans, sihall in the judgment of said board, require and need to be built or constructed; and provided, further, that the board of docks with the consent and approval of the commissioners of the sinking fund may alter and extend the present pier head line, as now established on the Hudson river, between Battery place and Seventieth street, and establish a new pier head line be- tween these points, and may authorize the construction of now piers out to said pier head line, and may extend those piers already built out to said line; and may build new piers or extend piers already built, out to such pier head lines as are now or may hereafter be estab- lished by the ,secretary of war under act of congress. The board of docks is hereby au- thorized and empowered, with the consent and approval of the commissioners of the sink- ing fund, to alter and amend the plans of the improvement of the water front determined upon by the department of docks, and approved by the commissioners of the sinking fund of the city and county of New York, in 1871, be- tween the Battery and Grand street on the East river and between the Battery and West Sixty-second street on the North river. IVhen- ever the plan so determined upon and adopt- ed, or hereafter to be determined upon and adopted, shall include the widening of an ex- terior street or avenue, or the opening and construction of a new exterior street or exte- rior avenue, or the abandonment or closing of such street or avenue already in existence, the power to widen, open, construct, aban- don or close the same shall exclusively reside ■with the said boarj of docks, which is hereby authorized to take such steps as may be nec- essary in that regard, and after the same shall have been so widened or opened, the right to maintain the widened portion of a street or avenue already opened, and such new street or avenue shall also reside with the said board of docks; but the street or avenue so widened to the extent of the part so widened, or such new street or avenue opened under this plan shall not be a public street, but shall be a marginal wharf, and shall be used in that re- gard in such manner from time to time as the board of docks shall, by resolution, determine. The board of docks shall have exclusive power to regulate the use of marginal streets so that the land and buildings upon all such mar- ginal streets may be used to the best advan- tage in connection with the wharves and bulk- heads; and the board of docks shall have the power to regulate, by license or by any other suitable means, the transfer of goods and mer- chandise upon, over or under all such mar- ginal streets; except that the said board of docks shall not, under this section, have any power in respect to, or jurisdiction over, -the public driveway authorized by and construct- ed under chapter 102 of the laws of 1893 and acts amendatory thereof. Sarvey* of water front. Sec. 820. The board of docks is authorized to cause to be made the necessary surveys, soundings, and other examinations of the wa- ter front of the city of New York, as consti- tuted by this act, where the same has not al- ready been determined, and to ascertain the capacities and requirements of said water front for adaptation to commercial and other uses. Construction of i>iers and docUs rej¥- nlated. Sec. 821. In executing the plan or plans men- tioned in section 819 of this act, the board of docks shall proceed, according to said plan or plans, to lay out, establish and con- struct wharves, piers, bulkheads, basins, docks or slips in the territory or district em- braced in such plan or 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 ex- cept 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 said board may commence and carry on such construction in sections of said territory or district from time to time, so as not to seriously incommode the commerce of said city. The work of said construction under such plan or plans shall, unless ordered to be other- wise performed by the affirmative vote of all the commissioners of docks, be performed as fol- lows: The said board of docks shall prepare full and minute specifications for such work, and advertise for proposals for doing said work under said plan or plans, and according to such specifications; proposals therefor shall be signed by the bidders for the said work and be sent to the said board within the time specified in such advertisement, accompanied by a bond in the form set forth in said speci- fications, duly executed. The said board of docks shall open said proposals on a day to be specified in such advertisement, and shall examine them, and unless the said board shall deem it for the interest of the city to reject all bids, shall award the contract for said work to the lo'west responsible bidder complying with such plan or plans and specifications; such contract shall be executed by the said board of docks on behalf of the city of New York, and shall always contain provisions as to the time of commencing and completing said work, and for the retention of at least one-fourth of its contract price, until the com- pletion of said work, as security for its per- formance, and for the forfeiture of said con- tract for non-performance of the terms there- of. Said board of docks may, upon the for- feiture of any such contract, proceed to com- plete the v/ork thereunder without contract or may readvertise for proposals to complete said work and award a new contract therefor in the same manner as provided herein for awarding the original contract; but no bidder under this section shall be entitled to a contract until his bid be approved and ac- cepted by said board of docks, provided, how- ever, that repairs may be done by days’ work, and without contract, whenever in the judg- ment of the board of docks it is expedient so to do. Pnrchase of ■vrhiirf proper-ty for cor- Isoration; procceiling-.s to acquire. Sec. 822. The board of docks, with the approval of the commissioners of the sinking fund, is authorized to acquire in the name and for the benefit of the corporation of the city of New York any and all wharf property in the city of New York, as coEsticuced by this act, to which the corpo- ration of the city of New Y’ork then .has no right or title, and any rights, terms, ease- ments and privileges pertaining t,ing said property, rights, terms, easements or privileges in, and a.ssuring the same to the city of New York forever, and said owner shall be paid such price from the city treas- ury as provided in this act. If the said board of docks shall deem it proper and ex- pedient chat the said corporation should ac- quire possession of such wharf property, rights, terms, easements or privileges, for which no price can he agreed upon between said board and the owner or owners thereof, the said board of docks may direct the cor- poration counsel of said city to take legal proceedings 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 pri- vate property in said city for public streets or places, and the provisions 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, to the acquiring of the said property, rights, terms, easements and privileges, and the said board of docks is also empowered to acquire in like manner the title to such lands under water and uplands, within the city of New York, as constituted by this act, as shall seem to said board of docks necessary to be taken for the improvement of the water front. The just compensation to which the owner of property taken under the foregoing provis- ions is entitled shall be ascertained and deter- mined upon the following principles. If all of the property of such owner is taken, the compensation awarded shall be the fair and just value of the said property. If the prop- erty of the riparian proprietor has been built upon or improved, and if such buildings or improvements are upon a single tract con- tiguous to or adjoining lands under water, or which were originally under water, and used in connectipn therewith, and part only of such property is proposed to be taken, the fair and just value of the entire premises shall first be ascertained, and then there shall be ascertained the like value of the premises in the condition in which they will be after the part is taken, and the difference in value, be it more or less than the separate value of the part taken, shall constitute the measure of compensation. Provided that said board of docks, with the approval of the commissioners of the sinking fund, hereby is empowered to agree, license and permit private owners of any bulkheads, piers or water rights, to make the necessary improvements upon their bulkheads, piers or water rights, so as to conform to the plan al- ready adopted by the department of docks and approved by the commissioners of the sinking fund of the city of New York, as heretofore known and bounded, or to be hereafter adopt- ed and approved, pursuant to this chapter, during the period which shall intervene prior to the extinguishment of such private owner- ships by the city of New York, such improved ments to be made by such owners under the supervision of the board of docks, or by the board of docks itself, as may.be agreed upon, at the cost and expense of such private own- ers, in the first instance, and upon such rea- sonable terms as to reimbursing said private owners for such improvemenrs and as to wiiarfage and other riparian rights thereon 84 THE CHARTER OF THE CITY OF NEW YORK. and therefrom, as may be agreed upon. All agreements and licenses or permits heretofore made or entered into between the mayor, al- dermen and commonalty of the city of New York and any private owners, as to the mak- ing of like improvements upon their property, are hereby ratified, confirmed and made valid. Aoixniremeiit <>£ cerfaiiu wliarf prop- erly on Nortli and East river.s. Sec. 823. In all proceedings taken by the board of docks of the city of New York for the acquirement of wharf property, rights, terms, easements or privileges, or lands un- der water and uplands in the city of New York, if said wharf property or lands under water, or w’harf property to which said rights, terms, easements or privileges are appurten- ant, is, or are, situated between the souther- ly side of Bethune street and the northerly side of Gansevoort street, upon or adjacent to the North river in the city of New York, or between the southerly side of East Eigh- teenth street and the southerly side of Bast Twenty-first street, upon or adjacent to the East river, it shall not be necessary for the said board of docks to make any attempt to agree with the owners of any such property, rights, terms, easements, privileges, uplands or lands under water, upon a price for the same, before commencing the proceedings au- thorized by section 822 of this aot. In a proceeding brought for the acquire- ment of any such wharf property, rights, terms, easements, or privileges, or uplands, or lands under water situate, as in this sec- tion set forth, the title to the said wharf prop- erty, uplands and lands under w'ater, rights, terms, easements, and privileges shall vest in the city of New York four mouths after the filing in the office of the clerk of the supreme court, in the first judicial district, of the oaths of the commissioners of estimate and assessment in said proceeding appointed, and all of the rights, title and interest of 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 ex- tinguished at such time. All the aw'ards made in such proceeding for the value of property acquired or interests extinguished, shall draw interest from the time of the vest- ing of the title in the city of New York. Acqaireiiient of wliayf property in whieli city lias some interest. Sec. 824. In all proceedings by the board of docks of the city of New York for the ac- quirement of the interests of any person or corporation who is an owner in co^mmon or a joint tenant with the city of New York of any wharf property, rights, terms, easements, or privileges, or lands under water and up- lands, it shall not be necessary for the said board ot docks to make any attempt to agree with said person or corporation who is a tenant in common or joint tenant as afore- said with the city of New York upon a price for the same, before commencing the pro- ceedings authorized by section 822 of this aot. In a proceeding brought for the acquirement of any such right, title or interest in or to any such wharf property, rights, terms, ease- ments or privileges, or uplands, or lands under water, owned as in this section set forth, the title of the person or corporation who, or which is, the tenant in common or joint tenant -with the city of New York to the said wharf property, uplands and lands under water, rights, terms, easements and privi- leges, 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 commis- sioners of estimate and assessment in said proceeding appointed, and all of the rights. title and interest of, in and to the said own- ers, persons or corporations interested in said wharf property, rights, terms, easements, privileges or lands under water or uplands, shall cease, determine and be extinguished at such time. AH the awards made in such proceeding for the value of property ac- quired or interest extinguished shall draw interest from the time of vesting of the title in the city of New York. Wliarfaae anti docUagre oliarpfes; leas- ing- property! oyster I>u.siness; desig- iiation of -tvater front foi‘. Sec. 825. When any of the wharves, piers, bulkheads, slips, docks, and basins construct- ed under the provisions of this chapter shall be open to the public use, the board of docks shall subject to the provisions of law, regulate the charges for wharfage, cranage and dockage of all vessels admitted thereto, and may alter such charges from time to time as the pub- lic trade may authorize and the said board of docks deem proper; provided that the rates of wharfage on boats navigating the canals of the state shall not be increased beyond the rates in force on April eighteenth, one thousand eight hundred and seventy-one, ex- cept as hereinafter specifically provided, and no restriction of the amount of wharf and slip room occupied by them shall be made; and said board of docks may appropriate any of such wharves, as the owners thereof may apply to have so designated or appropriated to the sole use of special kinds of commerce, or of steamboats, or of any other class or description of ships or vessels, and may re- strain and prohibit any ship, steamboat, or any other vessel or water craft whatever from coming Into, or lying, mooring, or an- choring at or within any such wharf, pier, or slip of said the city of New York, except such as may be so designated for their use, respectively. Said board of docks may, in the name of and for the benefit of the corpora- tion of the city of New York lease any or all of such property, and any and all -wharf property belonging to the city of New York, as constituted by this aot, for a term not exceeding ten years, and covenant for rene-w^ al or renewals at advanced rents of such leases for terms of ten years each, but not exceeding in t]?e aggregate fifty years. The board of docks may set aside, designate and appropriate a suitable location on the water- front in the city of New York, for the sole use of the oyster business. Such designation or appropriation -siiall be subject at any time to revocation by said board. Ferrie.s; lea.sing- of. Sec. 826. The board of docks shall have pow-er and is authorized to lease in the name of and for the benefit of the city of New York in the manner provided by law, the franchise of any ferry or ferries belonging to said city for the highest marketable price or rental, at public auction or by sealed bids, and always after public advertisement and appraisal un- der the direction of said board but not for a term longer than ten years, nor for a renewal for a longer term than ten years. And said board shall also possess the power and is here- by authorized to lease, in like manner along with the franchise of a ferry or ferries be- longing to said city, such wharf property, in- cluding wharves, piers, bulkheads and struc- tures thereon and slips, docks and -water fronts adjacent thereto, used or required for the purposes of such ferry or ferries, now owned or possessed, or which may hereafter be owned or acquired by said city or to which the said city is or may become entitled, or of which it may become possessed. 'But said board shall make no lease authorized by this section, unless the terms of said lease are ap- proved by the commissioners of the sinking fund. The proceeds of said leasing shall on receipt thereof after paying all necessary charges be immediately paid to the credit of the sinking fund. But nothing in this section contained shall be held to apply to that por- tion of the East river which is, by law, ex- clusively set apart for the use of canal boats engaged in the transportation of freights in the Hudson river coming to tidewater from the canals of this state. To establish rules for f^overnment; penalties. Sec. 827. The board of docks shall establish and enforce all needful rules and regulations for the government and proper care of all the property placed in its charge, and under its control by the provisions of this chapter, relating thereto, and shall furnish a copy of such rules and regulations to all the owners and occupants of such property, and shall make all needful orders necessary to carry out the provisions of this chapter relating thereto into effect, and fix penalties for disobeying such rules, regulations, or orders, and shall publish such orders. The violation of or diso- bedience to any rule, regulation or order of said board of docks, shall be a misdemeanor, punishable by a fine not exceeding $500, or by imprisonment not exceeding thirty days, or by both such fine ahd imprisonment, on com- plaint of such board of docks. The penalties aforesaid may be recovered by suit in the name of the city of New York, and such suit shall be prosecuted by the corporation counsel when directed by the board of docks, and no defendant in any such suit shall be permitted to plead ignorance of any such order, rule or regulation. All rents, fines and penalties, and all other money collected by said board or by its direction, shall belong to the treasurer of said city, and be paid into the sinking fund for the redemption of the city debt. The board of docks shall hold stated meetings, at times to be specified in its by-laws, which said board shall prepare and may alter from time to time. Offices and officers; duties and salaries Sec. 828. The board of docks shall have power to furnish and supply offices, provided In accordance with law, for the transaction of the business of the department of dopks and ferries. The board of docks shall appoint a secretary and other officers, clerks and agents to assist said board in the performance of its duties and the exercise of its powers; and also the necessary employees for the work of construction, repairs and maintenance; and shall fix the compensation of all persons so appointed. But the annual expenses of said depa,rtment for rent, furniture, supplies and compensation of secretary and subordinate officers, clerks and agents shall not exceed in the aggregate the sum of one hundred thousand dollars, except with the consent of the commissioners of the sinking fund. The president of the board of docks shall be elected annually by the members thereof, and shall preside at all meetings of said board, and in case of his absence a temporary president may be elected by the board to preside. Any member may resign his office by written resig- nation sent to the mayor. If any member of said board of docks shall cease to reside in the city of New York, as constituted by this act, his office as a member of said board shall become vacant. Annual report; contents. Sec. 829. The board of docks shall annually present to the mayor of the city a report con- taining; 1. The name, occupation, and com- pensation of all officers, clerks and agents ap- pointed and employed by said board. 2. A statement of the actions of the board of docks THE CHARTER OP THE CITY OF NEW YORK. 85 i for the past year, classified with reference to the various subjects and duties which have engaged its attention. 3. A list of the orders and rules made by said board of docks, and a description of the contracts made by said board, the payments made by said board, and the purposes and amounts thereof, and the leases made by said board, for what term, at what rent, to w'hom and for what property. Said board of docks shall at the time it pre- sent its said annual report to the mayor, also file with the civil service supervisory and examining boards of the city of New York a complete statement of the name, address and salary, or compensation of all persons em- ployed in any capacity by said board of docks, which shali be published in the City Record and the corporation newspapers. Seal. Sec. 830. The board of docks may adopt a common seal for said department of docks and ferries, and direct its use. Said seal shall be a device of the arms of the city of New York surrounded by the words “Department of docks and ferries. The city of New York.” engraved upon a metal disk two and one- quarter inches in diameter, and the same may be renewed whenever necessary. An impres- sion of such seal made directly on paper shall be as valid as if made on a w’afer or on wax. Every iease, conaaot or other instrument, executed in pursuance of any authority con- ferred on said board of docks by law, and sealed with such seal, attested and proved according to law by the secretary appointed by said board, shail be received in evidence, and may be recorded in the proper recording offices in the same manner and with the like effect as if sealed with the seai of the corpor- ation of the city of New York, attested and proved by the clerk thereof. Lands nnder water owned l>y state. Sec. 831. The commissioners of the iand of- fice are hereby authorized to convey by proper instruments, in writing, necessary for the purpose, all the property, right, title and in- terest of the people of the state of New York, in and to the land under water, which the board of docks may deem necessary for the construction of wharves, docks, piers, bulk- heads, basins and slips, under this chapter, whenever said commissioners may be required by said board of docks to make such convey- ance to the city of New York. But such con- veyance shall be made after compliance with such reasonable rules and regulations as the said commissioners of the land office are now empowered to make by law; and nothing in this chapter shall be so construed as to re- move or limit the powers and duties of the said commissioners as now conferred upon them by the statutes of the state and as pre- scribed in other sections and provisions of this act. May deepen water adjoining wharf, etc. Sec. 832. It shall be lawful for the board of docks to order and direct that the water near and adjoining any private wharf, pier, dock, bulkhead or land within the limits of the city of New York, be deepened by excavating or removing the earth, mud, dirt or sand therefrom, and to cause the same to be done In such places and at such times as the said board may deem necessary and proper. Property and wharf property defined. Sec. 833. The terms "property” and “wharf property” whenever used in this chapter shall be taken to mean not only all wharves, piers, docks, bulkheads, slips and basins, but the land beneath the same, and all rights, privileges and easements appurtenant thereto, and such upland or made land adjacent to the aaid wharves, piers, docks, bulkheads, slips and basins, jurisdiction over which said up- land and made land may be assigned to the department of docks and ferries by the com- missioners of the sinking fund. Sites for fioating hnths. Sec. 834. The board of docks shall, upon the requisition of the commissioner of public buildings, lighting and supplies, furnish free of charge, in the vicinity of such location as shall be designated by said commissioner accessible, convenient . and safe berths tor mooring the free floating baths, authorized by law. Public markets anti wliarves. Sec. 835. It shall be lawful for the city of New York, in case it shall find it necessary, to cause public markets to be erected and kept over the waters of the East and North rivers adjoining to any of its docks or wharves; provided, that such markets shall not interfere with the flow oif the waters of the said rivers, nor be built beyond the pier or bulkhead line established by law. Docks to be sed apart for street clean- ing department and board of bealtb. Sec. 836. The board of docks shall desig- nate and set apart for the use of the depart- ment of street cleaning, the board of health and other city departments, suitable and suf- ficient wharves, piers, bulkheads, slips and berths in slips for the use of said depart- ments. Setting apart piers for recreation. Sec. 837. The board of docks is hereby au- thorized to set apart the following piers in the city of New York, to wit: A pier at or near the foot of Perry sitreet, on the Hudson river, and such other piers along the Hud- son river water front and the Bast river water front of the said city,' as the said board oif docks shall deem, from time to time, nec- essary for the use of the inhahitants of the city of New York, as hereinafter provided, and for the convenience of dealers in country produce and other merchandise transported to the city of New York for sale. The purpose of this section is to afford the inhabitants of the city of New York greater opportunity for healthful recreation than they now possess, and to accomplish such end the said board oif docks is hereby authorized to construct or rebuild the piers set apart under the provisions of this section for public use in such manner as shall provide a platform or upper story thereof, and the approaches thereto shall be constructed under the direc- tion of a skilled architect, who shall be em- ployed by said board of docks for that pur- pose. The intention hereo:f being to permit the upper story of each one of the piers here- in authorized to be set apart for public use wholly free to the inhabitants of said city for the purpose aforesaid without interfer- ence with business occupations, and the said piers on the lower stories thereof shall be open to use to boats and vessels plying up- on canals, rivers and lakes of this state which may bring merchandise to the city for sale therein. The occupation of positions by boats at the piers herein mentioned shall be under the control of the board of docks, and order shall be maintained by the police authorities of the city of New York in and around such portions of the said docks as may be set apart for recreation purj^oses aforesaid. Except as hereinbefore provided, no wharf, pier, bulk- head or shed shall oe required by the board of docks to be so constructed as to admit of the free public use of the roof thereof for purposes of resort and recreation. Water front to l>e set apart for nse of fire department. Sec. 838. The board of docks, with the con- sent and approval of the commJssionei^ of the sinking fund, is hereby authorized to set apart, for the permanent and exclusive use of the fire department of the city of New York, 30 much of the water front owned by said city as shali be deemed necessary for the ex- clusive use of the said fire department of the city of Now York. TITLE 2. PIERS, SI.IPS AND WHARFAGE. Sheds for protection of property upon piers or bulkheads; construe tion of the same regulated by board of docks. Sec. 844. Whenever any person, company or corporation, engaged in the business of steam transportation, shali be owner or les- see of any pier or bulkhead in the city of New York, and shall use and employ the same for the purpose of regularly receiving and discharging cargo thereat, it shall be lawful for such owner or for such lessee, with the consent of the lessor, to erect and maintain, upon such pier or bulkhead, sheds for the pro- tection of property so received or discharged, prpvided they shall have obtained from the board of docks, in said city, license or author- ity to erect or maintain the same, and sub- ject to the conditions and restrictions con- tained in such license or authority; but when such license or authority has been granted and has been acted upon it shall not be re- voked by said board, without the consent in writing of the mayor and of the commis- sioners of the sinking fund, after due hear- ing of such licensee. All sheds or structures erected or maintained upon any wharf or pier in the city of New York, as heretofore known and bounded, under any license or permit heretofore granted by the department of docks of said city, or hereafter erected or main- tained upon any wharf or pier in the city of New York, under any license or permit grant- ed by the board of docks of said city, are declared to be lawful structures, subject to the terms and conditions of the license or permit authorizing the same. Such sheds hereafter shall be constructed subject to the regulations and under the authority of the board of docks. Any such owner or lessee of a pier or of a pier and bulkhead, or a part thereof, in respect to which the board of docks shall have granted the license or au- thority herein specified, shall be entitled to the use of the premises so owned or leased by them and no vessel shall be placed in any berth on such pier or bulkhead, or part thereof, without the consent of such owner or lessee, during the continuance of such li- cense. The board of docks shall have power to build the above structures on any wharf or bulkhead belonging to the city of New York, and shall have power to lease the same, and any lessee thereof shall have all the rights and privileges above granted. Pro- vided that all sheds or structures lawfully erected or maintained at the time this act takes effect upon any wharf or pier in any part of the territory embraced within the city of New York, as constituted by this act, are hereby declared to be lawful structures. Wliai'ves, slips, etc., not to toe nsed as damping groniids. Sec. 845- It shall not be lawful to permit the use as a dumping gronnd of any wharf, pief or slip, or' bulkhead adjacent thereto in the navigable waters of the East river, in the city of New York, which has heretgfore been used for the loading and discharging of sailing vessels regularly employed in foreign com- merce and having a draught of more than eighteen feet of water. Stovelionses, toootlis, stoops, etc., on stoeds not anttoorized. Sec. 846. Nothing in the two preceding sec- tions contained shall bo construed to auUw^ 86 THE CHARTER OP THE CITY OF NEW YORK. tee the erection or maintenance on any pier of any storehouses, hootihs, shops, or other structures than the sheds mentioned in the last sectiO'n but one, with the proper doors and gates appertaining thereto, nor to im- pair any powers conferred upon the board of docks, except as provided by said section. Offices atoolislied. Sec. 847. The offices of captain of the port of New York and of harbor masters of the port of New York are hereby abolished. The dock masters appointed by the board of docks of the city of New York, as constituted by this act, shall be vested with all the po'wers and shall perform all the duties conferred or im- posed upsn the dock masters appointed by the commissioners of docks of the city of New York, as heretofore known and bounded, by chapter 199 of the laws of 1888 and the acts amendatdry thereoL and supplementary there- to. Dock masters; certain powers of. Sec. 848. The dock masters appointed by the board of docks of the city of New York shail be vested with all the powers and perform all the duties conferred on or imposed upon the harbor masters of the port of New York by a certain act, entitled, “An act to provide for the appointment of a captain of the port of New York and harbor masters of the port of New York, and defining and regulating the powers and duties and compensation of said officers, and repealing chapter four hundred and eighty-seven of the laws of eighteen hundred and sixty-two,” passed May 4, 1883, and known as chapter three hundred and fif- ty-seven of the laws of eighteen hundred and eighty-three. Nothing in this section contained shall en- title the said dock masters to any additional compensation for performing the duties and exercising the powers hereby imposed and conferred. Each of said dock masters shall personally perform the duties assigned to him by the board of docks. He shall not ap- point any deputy, or assistant, or delegate the powers of his office to any person or persons whatever. He shall not collect any fees except such as are now or may be authorized by law, and which shall be speci- fied by the board of docks. He shall not take or receive, directly or indirectly, any money, or thing of value or compensation for his serv- ices, or on account of the exercise of his powers of office, except as now provided, or Which may hereafter be provided by law and the regulations of the board of docks. Any dock mhster violating any of the pro- visions of this section shall, upon conviction thereof by any court of record, be punished by a fine of five hundred dollars, and in ad- dition thereto may, in the discretion of the court, be imprisoned in the county jail for a term not exceeding thirty days. Removal of obstructions, etc., from piers, etc. Sec. 849. Whenever any pier, wharf or bulk- head in the city of New York shall be incum- bered or obstructed in its free use by mer- chandise, or by any material not affixed to such pier, wharf or bulkhead, the board of docks is hereby authorized to . require the owner, consignee or person in charge of such merchandise or material to remove the same without any unnecessary delay, and the said board shail have power, from time to time, to make such general rules and regulations and give such directions as will secure dis- patch in loading and unloading vessels and the prompt removal of the same from the piers as soon as completed, and also such as shall be necessary to prevent any un- necessary accumulation of freight or mer- chandise upon any pier or wharf, while any vessel shall be engaged in receiving or dis- charging her cargo; provided, however, that the power hereinbefore conferred shall not be exercised in reference to any obstruction or incumbrance upen any pier or wharf occu- pied by any regular line of steamboats or steamships, or by any railroad company, ex- cept upon the written request of the occupant or lessee of such pier or wharf. Expense of carrying out last section. Sec. 850. Whenever the board of docks shall make any order to give any direction in pur- suance of the power conferred by the last preceding section, it shall be the duty of the owner, consignee or person in charge of the merchandise, property or vessel in reference to which such order or direction is given, to comply with the same without any unreason- able delay, or. in default thereof, the said board of docks may employ such laborers and assistance as may be necessary to carry out such order or direction, by the removal of the material, merchandise or vessel in reference to which the same was given; and all ex- penses actually and necessarily incurred in effecting such removal shall be paid by the owner, consignee or person in charge of the material, merchandise or vessel so removed, and the amount thereof shall be a lien upon the same in favor of the board of docks and may be enforced in the same manner and by the same proceedings as liens on vessels are enforced by warrant of attachment, under and pursuant to the provisions of the act enti- tled “An act to provide for the collection of demands against ships and vesseis,” passed April twenty-fourth, eighteen hundred and sixty-two, and all the provisions of said act, so far as the same can be made applicable, shall apply to the liens hereby created; and the said board shall, for the purposes of this section, be deemed a creditor of said owner, consignee or person in charge, and each of them, for the amount of the expenses so in- curred, and may have and maintain an ac- tion against them, or either of them, to re- cover the same. Removal of obstructions, continued. Sec. 851. Whenever any pier or bulkhead or marginal street, wharf or place in the city of New York shall be incumbered, or its free use interfered with by merchandise, lumber, trucks, wagons or any other obstruction, whether of loose materials or built upon or affixed to the pier or bulkhead or marginal street, wharf or place without authority of iaw, it shall be the duty of the board of docks to notify the person or persons placing or keeping such merchandise or other obstruc- tions on such pier or bulkhead or marginal street, wharf or place, to remove such merchandise or other obstructions with- in twenty-four hours after such no- tice; and in case of failure to comply with such notice and to remove such merchandise or obstruction, the person or persons so noti- fied shall be liable to pay to the board of docks the sum of twenty-five dollars for each and every day during which such merchandise or obstruction shall remain on such pier or bulkhead or marginal street, wharf or place. And the board of docks shall have power, in its discretion, to remove any merchandise, lumber, trucks, wagons or any other obstruc- tion so incumbering any pier or bulkhead, or marginal street, wharf or place, and to store the same in a warehouse or other proper re- ceptacle, and a sum equal to the amount of the expenses of removal, together with the aharges'^ for storage, shall be paid by the oymer of such merchandise to the board of docks, and shail be a Hen on such merchan- dise until paid. Storage of obstrnctions. Sec. 852. Whenever merchandise discharged from a vessel and incumbering a buikhead or pier, in the port of New York, shail not, in the judgment of the said board of docks, be of sufficient value to pay the expenses of re- moval and storage, as provided in the last preceding section, such merchandise shall be removed and stored at the expense of the owner, consignee, or master of the ship or vessel from which such merchandise shall have been discharged. Unclaimed mercliandise to be adver- tised. Sec. 853. At the expiration of every six months it shail be the duty of said board of docks to advertise, for one week in the City Record and the corporation newspapers the merchandise, lumber, trucks, wagons or other obstruction which they have stored and which has remained unclaimed, setting forth the marks and numbers of each package, or parcel, the description of the merchandise, or ma- terial, the pier whence such merchandise was removed, and the date of such removal, and if any of such merchandise or material so ad- vertised shall remain thereafter unclaimed for three months, said board of docks may then sell the same, after further advertisement for one week in the City Record and the corpora- tion newspapers, at public auction, to the highest bidder, to pay the expenses which have been incurred on such merchandise, lum- ber, trucks, wagons or other obstruction, and the remainder shall be held in trust by the said board for the owner or owners thereof, for twelve months, when, if not claimed, it shall be paid over to the commissioners of the sinking fund. Canal boats; territory appropriated to Sec. 854. All that part of the water adjacent to the wharves of the city of New York, as heretofore known and bounded, from the west side of pier No. 3, to and including the east side of pier No. 8, East river, shall here- after from the 20th day of March to the 31st day of December in each year, be set apart, kept and reserved for the exclusive use and accommodation of canal boats and barges en- gaged in the business of transporting property on the Hudson river, or coming to tide water from the canals of the state, arriving in said city from the city of Albany or any part or place north, or west thereof, and for the use of lighters engaged in loading or unloading such boats or barges; and it shall be the duty of the board of docks and of all officers who now are or hereafter shall be empowered by law, or by any ordinance of the city of New York, as constituted by this act, to regulate or station ships and vessels in the harbor of said city, to prohibit, and prevent all other boats, ships or vessels from entering any of the slips or approaching or lying at any of the wharves between the piers aforesaid, during the period above specified, when such slips or the wharves connected therewith shall be re- quired for the use and accommodation of the canal boats and barges hereinbefore men- tioned; and the said board of docks, or other officers, aforesaid, shall assign such other ac- commodations for said canal boats and barges in other parts of the port of New York, as may, from time to time, be necessary in receiving or discharging their cargoes. Derricks for unloading canal boats authorized. Sec. 855. It shall be lawful for the propri- etors of any regular line of canal boats or barges using the waters within the limits aforesaid, or any other limits to which they may be assigned, as provided in the preceding THE Bection, to erect and maintain upon any of the piers, or wharves adjacent thereto, suitable derricks, to be used by said proprietors and their employes in loading and unloading said canal boats and barges; no derrick or struc- ture so erected shall be deemed an obstruc- tion or incumbrance upon such pier or wharf, within the meaning of any statute or ordi- nance prohibiting the incumbering or ob- structing any such pier or wharf, or authoriz- ing the removal of obstructions or incum- brances upon the same. Occupation of watei's l>y sliips not en- titled thereto. Sec. 856. ttTienever any portion of the wa- ters mentioned in the last section but one shall be occupied by any ship or vessel not entitled to occupy the same according to the provisions of that section, and the proprietor or proprietors or person in charge of any of the canal boats or barges specified in said sec- tion, shall desire to use the berth or slip oc- cupied by such ship or vessel, it shall be the duty of said board of docks, upon the request of the proprietor or\ponsignee or person in charge of said canal boat or barge forthwith to remove such ship or vessel as far as may be necessary to accommodate such canal boat or narge. If the said board of docks to which such request is made shall neglect or refuse to comply with the same, the members thereof shall, for each such neglect, or refusal, joint- ly forfeit and pay to the proprietor or pro- prietors of the canal boat or barge, in refer- ence to which request w'as made, the sum of fifty dollars, to he sued for and recovered by and in the name of such proprietor or pro- prietors, for his or their use and benefit in any court of competent jurisdiction. Failure to remove T*lien ordered; penalty. Sec. 857. Any person in command or in charge of any ship or vessel which the board of docks is authorized and required to re- move, as specified In the last preceding sec- tion, who shall neglect or refuse to comply with any order or direction of the said board in reference to the removal thereof, or who shall resist or obstruct the removal of such ship or vessel, shall, lor every such offence, forfeit and pay the sum of $50, to be sued for aud recovered, with costs, by and in the name of said board of docks in any court ot competent jurisdiction. Certain docks and piers set apart for g^arden produce. Sec. 858. The docks, piers and bulkheads on the Hudson river from Gansevoort street to Little West Twelfth street, shall be set apart by the board ot docks, or such department as shall have control thereof, and kept for the use of boats, barges and other vessels engaged in the business of transportating farm and garden produce, at such rates of wharfage as have been, or shall be lawfully established, and said board of docks, or other department, having control of said docks, piers and bulk- beads, may from time to time, when said docks, p'iers or bulkheads are not in actual use for the purposes above mentioned, allow the same to be used for other and additional purposes, and they are hereby authorized and empowered at any such time to designate and appropriate any or all of said docks, piers or bulkheads lor any public or general use, and such designation or appropriation shall be subject at any time to revocation by said board or department making the same. Wharfage and dockage rates ennmer- ated. Sec. 859. It shall be lawful to charge and receive, within the city of New York, wharf- age and dockage at the following rates, name- ly: From every vessel that uses or makes CHARTER OF THE CITY OF NEW YORK. 87 fast to any pier, wharf, or bulkhead within said city or makes last to any vessel lying at such pier, wharf, or bulkhead, or to any other vessel lying outside of such vessel, for every day or part of a day, except as herein- after provided, as follows: From every ves- sel of two hundred tons burden and under, two cents per ton; and for every vessel over two hundred tons burden, two cents per ton for each of the first two hundred tons burden and one-half of one cent per ton for every additional ton, except that, save as herein- after provided, vessels known as North river barges, market boats and barges, sloops em- ployed upon the rivers and waters of this state and schooners e.xclusively employed upon the rivers and waters of this state shall pay for every such vessel under the burden of fifty tons, at the rate of fifty cents per day; for every such vessel of the burden of fifty tons and under the burden of one hundred tons, at the rate of sixty-two and a hall cents per day; for every such vessel of the burden of one hundred tons and under the burden of one hundred and fifty tons, at the rate of seventy-five cents per day; for every such vessel of the burden of one hundred and fifty tons, and under the burden of two hundred tens, at the rate of eighty-seven and a half cents per day; and for every such vessel of the burden of two hundred tons and under the burden of two hundred and fifty tons, at the rate of one hundred cents per day; for every such vessel of the burden of two hundred and fifty tons, and under the burden of three hundred tons, at the rate of one hundred and tw'elve and a half cents per day; for every such vessel of the burden of three hundred tons, and under the burden of three hundred and fifty tons, at the rate of one hundred and twenty-five cents per day; for every such ves- sel of the burden of three hundred and fifty tons, and under the burden of four hundred tons at the rate of one hundred and thirty- seven and a half cents per day; for every such vessel of the burden of four hundred tons, and under the burden of four hundred and fifty tons, at the rate of one hundred and fifty cents per day; for every such vessel of the burden of four hundred and fifty tons, and under the burden ot five hundred tons, at the rate of one hundred and sixty-two and a half cents per day; lor every such vessel *of the burden of five hundred tons and under the burden of five hundred and fifty tons, at the rate of one hundred and seventy-five cents per day; for every such vessel of the burden of five hundred and fifty tons, and under the burden of six hundred tons, at the rate of hone hundred and eighty-seven and one-half cents per day; for every such vessel of the burden of six hundred tons and upward, to pay twelve and a halt cents, in addition for every fifty tons in addition to the rate last mentioned, for every day such ship or vessel shall use or be made fast to any of the said wharves; but no boat or vessel over fifty tons burden shall pay less than fifty cents for a day or a part of a day, and the class of sail- ing vessels now known as lighters shall be at one-half the first above rates. Every other vessel making fast to a vessel at any pier, wharf or bulkhead within said city, or to an- other vessel outside of such vessel, or at an anchor within any slip or basin, when not receiving or discharging cargo or ballast, one-half the first above rates; and from every vessel or floating structure, other than those above named, or used for transportation of freight or passengers, double the first above rates, except that floating grain elevators shall pay one-half the first above rates; and every vessel that shall leave a pier, wharf, bulkhead, slip or basin, without first pay- ing the wharfage or dockage due thereon, after being demanded of the owner, consignee or person in charge of the vessel, shall be li- able to pay double the rates established by this section. Id.; on vessels in elain or oyster trade. Sec. 860. Vessels of two hundred tons bur- den and under, which shall be actually en- gaged in the clam or oyster trade, and which shall make fast to any pier, wharf or bulk- head within the city of New York, shall pay one and one-half cents per ton per day, and every such vessel which shall make fast to another vessel lying at any such pier, wharf or bulkhead, or to any vessel ly- ing outside of such vessel, or that shall anchor within any slip or basin in said city shall pay one cent per ton per day; provided, however, that no vessel shall pay less than twenty-five cents nor less than one day’s wharfage, nor shall more than one- day’s wharfage be charged unless for a con- tinuous use of the pier, wharf, bulkhead, slip or basin of more than twenty-four hours. The board of docks may grant permits for vessels or floating structures engaged in the oyster business and used for the receipt, preparation and opening of oysters and other shell fish to remain continuously moored to or at any of the docks, piers and bulkheads within the city of New York, not otherwise specifically appropriated by law to the sole use of other kinds of commerce, upon such terms as to wharfage and otherwise, and sub- ject to such regulations as said board may prescribe. All permits so granted by such board shall be subject at any time to revoca- tion by it. Upon any such permit being granted the person or persons, or corporation receiving the same, shall be entitled to moor such vessels or floating structures, continu- ously and until such permit shall be revoked, to or at the dock, pier or bulkhead designated in such permit for that purpose subject to the terms of such permit; provided, however, that where the city of New York is not the owner of the dock, pier or bulkhead designated in such permit, the consent of the owner or own- ers of the same, or ot the person or persons entitled to collect wharfage therefrom, shall have been obtained. Id.; oanal l>oat.s and vessel.s carrying l>ricU. Sec. 861. Every canal boat and every vessel engaged in freighting brick on the Hudson river occupying a berth next to any pier, wharf, or bulkhead in the city of New York, and en- gaged in delivering cargo upon said pier, wharf, or bulkhead, or receiving cargo there- from, shall pay wharfage at the rate of fifty cents for every day or part of a day while so engaged; but when unloaded such canal boats or vessels aforesaid shall pay wharfage at the rate of thirty cents per day or part thereof; but no canal boat or vessel lying in any slip^ between two adjacent piers shall be required to pay full wharfage to the owners or lessees of both said piers for the same day, notwith- standing such canal boat or barge may, during said day, have changed her location between said piers; provided that they shall pay one- half rates to each owner or lessee w'hen they have changed their locations between said piers; and the word “day,” whenever it oc- curs in this and the last preceding section, shall be taken and construed to mean twenty- four hours. - Rates for goods, etc., remaining on pier or wliarf. Sec. 862. It shall be lawful for the owners or lessees of any pier, wharf or bulkhead within the city of New York, to charge and collect the sum of five cents per ton on all goods, merchandise, and materials remaining on the pier, wharf or bulkhead owned or leased by him, for every day after the S8 THE CHARTER OF THE CITY OF NEW YORK. pirutioii of twenty-four hours from the time such goods, merchandise and materials shall have been left or deposited on such pier, v.'barf or bulkhead and the same shall be a lien thereon. ItiitoN to he in \vharfa!;;e bills. Sec. SG3. It shall be the duty of every per- ton owning or having charge of any pier, wharf, bulkhead, or slip in the city of New York to cause to be printed on the backs of all bills piescnted by them for w-harfage, section S59 cjj> this act, and the owner, consignee or person in charge of any vessel shall not be required to pay the w'harfage or dockage due on such vessel unless upon his demaud the bill printed in conformity with this section is presented to him. Any person owming or having charge of any pier, wharf, bulkhead or slip a.c aforesaid who shall re- ceive for wharfage any rates in excess of those now authorized by law shall forfeit to the party aggrieved treble the amount so charged as damages, to be sued for and recovered by the party aggrieved. Wliat waters ineladetl in i»ort of New York. Sec. 864. The port of New York, wherever the same is mentioned or referred to in this chapter, shall be deemed and taken to include, unless otherwise expressly stated, all the waters of the North river and Ease river and the harbor embraced within or adjacent to or opposite to the shores of the city of New York, as constituted by this act. Additional accomiuodation.s for canal l»oats. Sec. 865. The board of docks shall, in addi- tion to the piers and waters especially as- signed thereto by law, assign such accommoda- tions for canal boats and barges engaged in the business of transporting property on the Hudson river, or coming to tide water from the canals of the state, or arriving in said port from Albany, or any place north or west thereof, as may from time to time be neces- sary in receiving and discharging their cargoes. Penalty for ves.sels wrongfully enter- ing- canal boat territory. Sac. 866. No vessel, other than canal boats, barges or lighters receiving or delivering property from cr to said canal boats or barges, shall use or enter into for the purpose of using any part of the port of New York set apart for the use of canal boats and barges without the written consent of the board of docks had and obtained therefor, and then only between the first day of January and twuentiecji day of March in each year, and when not occupied by canal boats, under a penalty of one hundred dollars for every day .that such vessel shall ramain in said part of s-aid port so set apart after being notified to leave by the said board, and said penalty shall be a lion upon any such vessel, and be enforced by proceedings .against it, instituted by and in the name of the said board of docks according to the provisions of the laws of this state concerning attachments against vessels. P'owci'.s of dock masters to assign ami regulate .stations for vessels; penalty for refusing' to obey dii-ectioii. Sec. 867. Each dock master appointed by the board of docks shall have power, within the district assigned to him, subject to the other provi-sious of this act, to provide and assign suitable accommodations for all ships and vessels, and regulate them in the stations they are to occupy at the wharves or in the stream, and to remove from time to time such vessels as are not employed in receiving or fiischargins their cargoes, to make room for such others as require to be more immediate- ly accommodated for the purpose of receiving or discharging their cargoes, and shall have power to determine as to the fact of their being fairly an-d in good faith employed in re- ceiving or discharging their cargoes, and shall have authority to determine how far and in what instance it is the duty of the master and others having charge of ships and vessels to accommodate each other in their respective situations. And if any mas- ter or any person having charge of any ves- sel, canal boat, barge, or lighter shall refuse or neglect to move his vessel, canal boat, barge or lighter when ordered to do so by a dock master, or shall resist or forcibly op- pose said officer in the discharge of his duties, such master or persons so refusing, neglecting, resisting or opposing, shall, for every offense, forfeit and pay the sum of fifty dollars to be recovered with costs of suit, by and in the nam.e of the bo-ard of docks before any court having cognizance thereof. False personation of dock master. Sec. 868. Any person who 'shall falsely rep- resent himself to be a dock master, or wrongfully perform the duties of dock mas- ter, shall he deemed guilty of a misdemeanor, and upon conviction thereof shall be impris- oned in the county jail for a term not ex- ceeding sixty days and fined, in the discre- tion of the court, a sum not exceeding twen- ty-five dollars. Violations to be reporter!. Sec. 869. It shall be the duty of the dock masters appointed by the board of docks to report to said board all violations of any of the provisions of this chapter and of the rules and regulations of the board of docks w-hich may come to the knowledge of said dock masters or which may be known to them by complaint or otherwise. Floatinft- docks antliorized. Sec. 870. It shall be lawful for the floating docks of the New York Balance Dock com- pany and of the New York Floating Dry Dock company to be used, with the consent of the owners of the piers or bulkheads, respectively occupied for such use, or of the persons entitled to collect wharfage for such piers or bulkheads, for the purpose of taking up ships and vessels for repair, coppering or finishing, in the manner heretofore prac- ticed in the port of New York, subject to the authority established by this act to regulate by ordinance the use of the slips, piers and wharves of the city of New York. < TITLE 3. GENERAL PROVISIONS. Gi’ants of land under ivater restricted. Sec. 876. No grants of land under water shall be made by the municipal assembly of the city of New York, or by any officer,. board or department thereof, beyond the exterior lines of the citj#jf New York, as fixed by an act of the legislature, passed April seventeenth, eighteen hundred and fifty-seven, entitled, “An act to establish bulkhead and pier lines for the port of New York.” as amended by subsequent acts, unless as expressly author- ized by acts passed subsequent thereto. Time for improving- lands adjacent to water on Harlem river. Sec. 877. The period of time fixed for the appropriation to the- purposes of commerce by the construction of a dock or docks, and filling in the same, in all letters patent is- sued by the people of the state of New York to the owners of the adjacent upland for lands under water and between high and low water mark in front of and adjacent to the lands of the said owners of the adjacent upland on the easterly shore of the Harlem river, is extended until two years after the time when plans for the improvement of said river shall have been or shall be com- pleted by the proper authorities, and cop- ies of such plans, filed, one in the office of the register of the county of New York, and one in the office of the secretary of state at Albany. Damping snow and ice from piers. Sec. 878. It shall be lawful for the commis- sioner of street cleaning to cause to be dumped, or authorize to be dumped, snow and ice between the piers near their inshore ends, into the waters of the East and North or Hudson rivers. Injuries to vessels lying at exterior end of wkai-f. Sec. 879. It shall not be lawful for any vessel, canal boat, barge, lighter or tug to obstruct the waters of the harbor by lying at the exterior end of wharves in the waters of the North or East river, except at their own risk of injury from vessels entering or "leaving any adjacent dock or pier; any vessel, canal boat, barge, lighter or tug so lying shall not be entitled to claim or de- mand damages for any injury caused by any vessel entering or leaving any adjacent pier. Certain substances not to be dumped in port of New York. Sec. 880. The placing, discharging or de- positing. by any process or in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredg- ings, sludge acid, or any other refuse mat- ter, floatable or otherwise, in the tidal waters of the pert of New York as defined by this act, except under permit of the United States su- pervisor of the harbor, is hereby strictly for- bidden, and every person violating the fore- going provisions shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than two hundred and fifty dollars nor less than five dollars, or imprisonment for not more than six months nor less than ten days, one-half of said fine to be paid to the person or persons giving information which shall lead to the conviction of such misdemeanor. Scows to receive ashes, etc., from steam tugs anti vessels. Sec. 881. The various scows employed by the city of New York, or by the contractors for removing ashes, garbage and refuse of said city, while moored at the various dump- ing boards of said city are hereby designated and required to receive directly any and all ashes or rubbish from any steam tug or vessel in the harbor, and in addition to the foregoing provisions two or more scows shall be located at such points vvithin the harbor as the supervisor of the harbor may direct for the special use of boats and ves- sels wishing to discharge ashes or rubbish. CHAPTEE XVII. TAXES AND ASSESSMENTS. Title 1. Department of taxes and assessments; powers and duties. 2. Assessments for local improvements other than those confirmed by a court of record. 3. Vacating and 'modifying assessments for local improvements other than those confirmed by a court of rec- ord. 4. Opening streets and parks. 5. Sales of lands for taxes, assessments and water rates. THE CHARTER OP THE CITY OP NEW YORK. 89 TITLE 1. DEPARTMENT OP I'AXES AND ASSESS- MENTS, POWERS AND DUTIES. One of the departments of the city. Sec. 884. The department of taxes and as- sessments shall be one of the departments in said city. Department; hoxv composed; term and salaries. Sec. 885. The head of the department of taxes and assessments shall be called the board of taxes and assessments. Said board shall consist of a president, who shall be des- ignated in his appointment, and four other persons, one of whom at least shall be a person learned in the law, who shall be call- ed commissioners of taxes and assessments. The president, unless sooner removed, shall hold his office for the term of six years, and until his successor shall be appointed and has qualified. The other commissioners shall, unless sooner removed, hold their respective ofiices for the term of four years, and until their successors shall be appointed and have qualified. The commissioners first appointed under this act shall hold oClce by designation of the mayor for terms of one, two, three and four years respectively. The commissioners thereafter appointed shall hold office for the term of four years. The salary of the presi- dent shall be eight thousand dollars a year, and the salary of each of the other commis- sioners seven thousand dollars a year. Dcvolntion of i>ower. Sec. 886. All of the rights, powers and du- ties heretofore devolved by law upon the board of taxes and assessments in the city of New York, upon the department of assess- ment of the city of Brooklyn, and upon like departments, boards or officers of taxes and assessments other than fcr street improve- ments in the other municipal and public cor- porations or parts of municipal and public corporations consolidated by this act with the municipal corporation known as the mayor, aldermen and commonalty of the city of New York are hereby devolved, unless otherwise herein expressly provided, upon and vested in the board of taxes and assessments in the city of New York. Deputy tax commissioners; tow ap- pointed; tteir duties, term of office and salary. Sec. 887. The board of taxes and assess- ments shall appoint persons to be known as deputy tax commissioners, not exceeding forty In number, who shall perform, under the di- rection and supervision of the board of taxes and assessments, such duties as the said board shall prescribe. The said board shall give such directions to the deputy tax commission- ers as it shall think expedient to secure in all the boroughs and parts of the city equal- ity of valuations of property for the purposes of taxation. Such deputy tax commissioners shall hold their office during the pleasure of the said board of taxes and assessments, and shall be subject to removal by the said board as deputies in the other city departments. The number of deputy tax commissioners above prescribed may from time to time be Increased by the appointment of the board of taxes and assessments, provided such in- crease is authorized by the board of estimate and apportionment. Tbe salary of each of said deputy tax commissioner shall be fixed by the board of taxes and assessments. Apportionment of deputy tax commis- ■ionerH amonig- the boronghs. Sec. 888. In making the appointments of the deputy tax commissioners the head of the department of taxes and assessments shall apportion such appointments as nearly as may be, among persons residing In the several boroughs created by this act, according to the population of the several boroughs; and the persons performing similar duties in the several boroughs, when this act takes effect, shall, so far as the board shall deem them fit and competent, be preferred for the said ap- pointments first to be made hereunder. territory consolidated by this act with the municipal corporation known as the mayor, aldermen and commonalty of the city of New York. He shall hold his office at the pleasure of the department of taxes and assessments, and may have such assistants as the said de- partment may decide to be necessary and pro- vide. Deputy tax commissioners; duties of in assessing; taxable property. Sec. 889. It shall be the duty of the deputy tax commissioners, under the direction of the board of taxes and assessments, to assess all the taxable property in the several districts that may be assigned to them for that pur- pose by said board, and they shall furnish to the said board, under oath, a detailed state- ment of all such property, showing that said deputies have personally examined each and every house, building, lot, pier, or other as- sessable property, giving the street, lot, ward, town and map number of such real estate em- braced within said districts, together with the name of the owner or occupant, if known; (also, in their judgment, the sum for which said property under ordinary circumstances would sell), with such other information in detail relative to personal property or other- wise, as the said board may, from time to time require. Such deputies shall commence to assess real and personal estate on the first Tuesday of September in each and every year. Offiee.s of tbe department in tbe bor- oug'lis. Sec. 890. There shall be an office of the de- partment of taxes and assessments in the ! borough of Brooklyn, a like office of the de- partment in the borough of Queens, a like office of the department in the borough of Richmond and a like office of the department in the borough of the Bronx; at which the duties of the department of taxes and assess- ments pertaining to the assessment of prop- erty in the said several boroughs shall, under the direction of the board of taxes and assess- ments. be performed by such number of the deputy tax commissioners or other employes of the department of taxes and assessments as the said department may decide to be necessary and assign to such duties. Such offices shall in law be a part of the main office, and the main office of the department of taxes and assessments shall be maintained in the borough of Man- hattan. The books, maps, assessment rolls, files and records pertaining to the depart- ment of taxes and assessments of the muni- cipality heretofore designated as the mayor, aldermen and commonalty of the city of New York, of the department of assessment of the fcity of Brooklyn and of each and every of the like offices in any of the municipal and public corporations, or parts of muni- cipal and public corporations consolidated by this act with the municipal corporation of the mayor, aldermen and commonalty of the city of New York, shall be delivered into and thereafter be in the custody and control of the department of taxes and assessments hereby constituted, to be kept in such of the offices of the said department as may be most convenient to the taxpayers and suitable to the proper discharge of the business of such department and shall be public records, and at all reasonable times open to public inspec- tion. Surveyor. Sec. 891. The said department of taxes and assessments shall appoint a surveyor from one of the city surveyors, whose duty it shall be to make necessary surveys and corrections of the ward maps, and also to make all new maps which may be required for the more accurate assessment of real estate within the Annual record of assessed valuation; wliat to contain and when to he open for examination and correction. Sec. 892. There shall be kept in the several offices established by the department of taxes and assessments books to be called “The an- nual record of the assessed valuation of real and personal estate of the borough of ,” in which shall be entered in detail the assessed valuations of such property within the limits of the several boroughs of the city of New York as established by this act, which said books shall be open for examination and cor- rection from the second Monday in January until the first day of May, in each year; but on said last mentioned day the same shall te closed to enable the board of taxes and as- sessments to prepare assessment rolls of the several boroughs for delivery to the municipal assembly. The said board pre- vious to and during the time the said books are open as aforesaid for inspection shall advertise the fact in the City Record, and in the corporation newspa- pers and in such other newspaper or news- papers published in the several boroughs cre- ated by this act as may be authorized by tfie board of city record; provided, however, that for the year 1898 it shall be sufficient if said books be kept open from the first Monday of February to the first day of May of that year. Annual record of assessed valuation of real and personal estate of eorpora- tions to be kept in main office. Sec. 893. The department of taxes and as- sessments shall cause to be prepared and kept in :he main office of the department of taxes and assessments, books to be called “the annual record of the assessed valuations of real and personal estate of corporations,” and it shall be the duty of the deputy tax commissioners in the several districts in the several boroughs which may be assigned to them for that 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 the depart- ment of taxes and assessments in any borough other than in the main office in the borough of Manhattan, a duplicate detailed statement of the assessable property of corporations, both real and personal, which said statements of said deputy tax commissioners shall be en- tered upon the books to be kept in the main office of the department of taxes and assess- ments, to be known as the “annual record of the assessed valuation of real and personal estate of corporations.” Assc.ssed valuation of personal prop- erty; bow to be entered. Sec. 894. The assessed valuation of all per- sonal property shall be entered by said deputy tax commissioners, or by such other persons as may be assigned to that duty by the de- partment of taxes and assessments in its several offices, in books or rolls, in alpha- betical order, of the names of persons and corporations subject to taxation. No tax or assessment shall be void by reason of the name of the rightful owner or owners, whether individuals or corporations, of real estate in any of the said boroughs not being inscribed in the assessment rolls or lists; but in such case no tax shall be collected except from the real estate so assess*^ THE CHARTER OP THE CITY OF NEW YORK. 90 The assessed valuation of all real and per- sonal property of corporations shall be en- tered in duplicate in the office in the borough where the same is assessed and in the main office of the departmfeni of taxes and assess- ments in tho borough of Manhattan. If, at any time prior to the first day of May j in any year, it shall appear to the tax com- missioners 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 rolls of another borough, they shall forthwith cause the as- sessment to be cancelled and a new assess- ment to be made on the proper books or rolls, and within five days thereafter shall cause written notice of the new assessment to be mailed to such person at his last known residence or business address within the city of New York, and an affidavit of the mailing of such notice to be filed in the main office. The person so notified may apply for correc- tion of such assessment on or before the twentieth day of May, with the same force and effect as if such application were made on or before the thirtieth day of April, in any year. [Added by Chapter 500, Laws of 1899.] Applications I’oi' correction of as.se.ss- ine«it. Sec. 893. During the time that books shall be open to public inspection as aforesaid ap- plication may be made by any person or cor- poration claiming to be aggrieved by the as- sessed valuation of real or personal estate, to have the same corrected. If such applica- tion be made in relation to the assessed valua- tion of real ectate, it must be made "in writ- ing, stating the ground of objection thereto. The board of taxes and assessments shall ex- amine into the complaint, as herein provided, and if in their Judgment the assessment is erroneous they shall cause the same to be coiTected. If such application be made in re- lation to the assessed valuation of personal estate, the applicant shall be examined under oath by a commissioner of taxes and assess- ments or a deputy tax commissioner, as here- in provided, who are hereby authorized to administer such oath, and if the assessment as hereinafter provided be determined by the board of taxes and assessments to be errone- ous, it shall cause the same to be corrected and fix the amount of such assessment as the board of taxes and assessments may believe to be just, and declare its decision upon such application within the time and in the man- ner hereinafter provided. But the commis- sioners of taxes and assessments may, during the month of May in any year, act upon ap- plications for the reduction of assessments upon either real or personal property filed in their offices on or before the 30th day of April preceding, and cause the amount of any assessment as corrected by the board of taxes and assessments to be entered upon the assessment rolls for the year in which such correction may be made. Wlieii as.ses.'iecl valuation may be in- creased or diminished. Sec. 896. The board of taxes and assess- ment may increase at any 'time before the 1st of May in each year, or may diminish at any time before the closing of the books of “aunnal record” on the 1st day of May in each year, the assessed valuation of any real or per- sonal estate of any individual or corporation as in its judgment may he just or necessary for the equalization of taxation; but it shall not increase such valuations of the property of any individual or corporation after said books are opened for correction and review’, except upon notice given to the individual •r corporation affected by such increase at least ten days before the fifteenth day of May in each year. Po^ver of the board to remit or reduce a tax. Sec. 897. The board of taxes and assess- ments is hereby invested with power to remit, where in the opinion of the corporation counsel lawful cause therefo:r is shown. It may veduce, if found excessive, a tax imposed upon real or personal property. It shall require a majority of the commissioners of taxes and asses, sments to remit or reduce the assessed valuation of personal property, and no tax on personal property shall be remitted, cancelled or reduced unless the person aggrieved shall satisfy the board of taxes and assessments that illness or absence from the city had pre- vented the filing of the complaint or making the application to the said board within the time allowed by law for the correction of taxes. Any remission or reduction of taxes upon the real estate of individuals or corpo- rations must be made within six months after the delivery of the books to the receiver of taxes for the collection of such tax. Ai>i)Iication.s for revision and osiiioel- latioii of assessment in tlie several boi'ong'lis; wben and bow made. Sec. 898. The board of taxes and assess- ments from the whole number of persons appointed as deputy tax commissioners shall tor each of the boroughs wherein one of the offices of the department of taxes and assess- ments is established and maintained desig- nate one or more deputy tax commissioners, who shall, between the second Monday of January in each year and the first day of May following, receive applications for the revis- ion and cancellation of any assessments en- tered in the books of annual record of the as- sessed valuation of real and personal estate in that borough, take testimony on such ap- plications and reduce the same to writing, and when so reduced to writing transmit such applications and testimony, with his recom- mendation, CO the board of taxes and assess- ments at their main office, in the borough of Manhattan, or to any office of the department o.'f taxes in any borough as the board of taxes and assessments may prescribe. Such deputy tax commissioners as may be designated for the purposes and as prescribed in this sec- tion, are hereby authorized between the sec- ond Monday of January and the first day of May to administer oaths for the purpO'Se of taking testimony upon all applications for the revision or cancellation of assessments, and they are hereby required and directed to transmit the evidence so taken and reduced to writing, within ten days after the evidence upon any application is taken, with their recommendation, as hereinbefore described. The board of taxes and assessments shall hear at their main office all applications of corpo- rations for revision and cancellation of as- sessments; and as to all other applications, the said board may prescribe the time and place of hearing thereof in the several bor- oughs and give such public notice thereof in the city record and in at least one newspaper in each boro'Ugh as they may designate, and the hoard may make such rules and regula- tions as may he appropriate and expedient to the end that the taxpayers of each borough other than corporations may have a hearing in the borough in which they reside or in which their property assessed is situated. All testimony taken by the b.oard of taxes and assessments by any commissioner or by deputy tax commissioners as herein pre- scribed shall be reduced to writing and shall constitute part of the record of the proceed- ings upon any assessment. The decision of the board of taxes and assessments, upon any application for the revision, reduction or cancellation of any assessment, and upon the evidence taken thereunder, shall, where the evidence is taken by the board of taxes and assessments, be rendered within thirty days after the hearing upon such application is closed. And where the evidence upon any application is taken by any commissioner or a deputy tax commissioner the determination of the board of taxes and assessments shall be rendered within thirty days after the ap- plication and the testimony thereunder shall have been filed with the board of taxes and assessments, at the main office of the depart- ment in the borough of Manhattan. Depnfy tax commissioners to make np ag'S'i'es'ate amount of assessed valua- tion ill tlie borouglis. Sec. 899. It is hereby declared to be the duty of the deputy tax commissioners, or of such other persons as may have been assigned to the charge and direction of any one of the offices of the department of taxes and assess- ments in the several boroughs, to compute from the annual record of the assessed valua- tions of real and personal estate in each of the said several offices, the total aggregate amount of the assessed valuation of real and personal property appearing on said books for each of the said boroughs on the second Mon- day of January in any year, and to transmit a statement of such aggregate amounts of assessed valuations of real and personal prop- erty in the said several boroughs to the de- partment of taxes and assessments at their main office in the borough of Manhattan on or before the second Monday of January in each year. The board of taxes and assessments are hereby Invested with the power and charged with the duty before opening the books for the public inspection as herein pre- scribed, to fix such valuations of property for the purposes of taxation throughout the city of New York at such sums as will, in their judgment, establish a just and equal relation between the valuations of property in each borough and throughout the entire city. To this end the board cf taxes and assessments is authorized to require the deputy tax com- missioners to transmit a report to them of the assessed valuation of real and personal property in the several boroughs at such time prior to the second Monday of January in each year as the board of taxes and assessments may prescribe. Controller to submit to mnnioipal as- sembly a statement showing- the amounts necessary to be raised. Sec. 900. It shall be the duty of the control- ler of said city to prepare and submit to the municipal assembly, at least four weeks be- fore its annual meeting in each and every year for the purpose of imposing the annual taxes, a statement setting forth the amounts by law authorized to be raised by tax in that year, on account of the corporation of the city of New York, as hereby constituted, or for city purposes within said city as created by this act, and purposes for which said city is liable, and also an estimate of the probable amount of receipts into •the city treasury dur- ing the then current year from all the sources of revenue of the general funds, including surplus revenue from the sinking funds of the mayor, aldermen and commonalty of the city of New York and of any of the municipal and public corporations, or parts of municipal and public corporations, by this act consoli- dated with the municipal corporation known as the mayor, aldermen and commonalty of the city of New York, other than the surplus of revenues of any such sinking funds for the payment of interest on the city debt of the municipal corporation known as the mayor, aldermen and commonalty of the city of New York, or the like debts of the muni- THE CHARTER OF THE CITY OF NEW YORK. 91 cipal and public corporations by this act con- solidated as aforesaid, and the said municipal assembly is hereby authorized and directed to deduct the total amount of such estimated receipts from the aggregate amount of all the various sums which, by law, they are re- quired to order and cause to^be raised by tax in said year, for the purposes aforesaid, and to cause to be raised by tax only the balance of such aggregate amount after making such deductions. Special provision for taxes of 1897- 1898. Sec. 901. Inasmuch as the amounts due in the way of taxes for state and municipal purposes for the year 1898 will have been levied in tjie boroughs of Brooklyn, Queens and Richmond, prior to the 1st day of Jan- uary, 1898, but not in the city of New York, now, in order to prevent double taxation of property outside of the limits of the present city of New York, for the year 1898, it is hereby provided that” in said year 1898 the balance so caused to be raised by tax shall be raised exclusively from property within the limits of the corporation heretofore known as the mayor, aldermen and common- alty of the city of New York; but it is fur- ther provided that in case it shall transpire that the amount levied or collected from any borough outside of the present city of New York, and available to the uses of the city, as constituted by this act, for the year 1898, shall be more or less than its due proportion of the expenses for the year 1898 of the city as constituted by this act, such excess or de- ficit shall be equalized and adjusted in the budget of tfie following year; to the end that each borough shall bear its fair proportion of the expenditures of the city for the year 1898. The municipal assembly shall have full power by appropriate ordinances to enforce this pro- vision, and is hereby invested with power to make such equalization and adjustment by different rates of taxation, or otherwise, in the several boroughs, to the end that taking the years 1898 and 1899, together, each borough shall pay its proper proportion of the general expenses of the city for both years. How county charges and expenses in New York, Kings and Richmond counties and that part of Q,ueens county within the city are to he paid. Sec. 902. In the statement submitted by the controller to the municipal assembly, 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 of- ficers and the other county charges and ex- penses in the counties of New York, Kings and Richmond, respectively; and the sum or sums which should be paid for like purposes by that part of Queens county included with- in the city and the municipal assembly is hereby authorized and directed to levy upon and collect from the taxable property within each of said counties, and part of county, re- spectively, the sum or sums so necessary to be raised to pay the salaries of county officers and other county charges and expenses of such county or part of county, to the end that each of said counties and said part of Queens county shall ultimately bear and pay all expenses necessary to be Incurred within the county or part of county, for county as distinguished from city purposes. Permits for knildings, etc.; copies of to l»e sent to the department of taxes and assessments. Sec. 903. Whenever any permit shall be granted by the proper officer of the city gov- ernment as created by this act for the erec- tion of any building, pier or bulkhead within said city, a copy of such permit shall be with- in five days after its issue furnished by the officer granting the same to the department of taxes and assessments. Exemptions. Sec. 904. The exemption from taxation of every building for public worship, and every school house or other seminary of learning under the provisions of section 4 of the tax law, being chapter 908 of the laws of 1896, shall not apply to any such building or prem- ises within the limits of the city of New York, as defined by this agt, unless the same shall be exclusively used for such purpose, and be exclusively the property of a religious so- ciety. Exemptions, continued. Sec. 905. Nothing in this chapter shall affect any existing and valid exemptions from taxa- tion heretofore created by law respecting any property, real or personal, within the limits of the city of New York as constituted by this act. Certiorari to review final determina- tion of tlie department. Sec. 903. A certiorari to review or correct on the merits any final determination of the board of taxes and assessments shall be al- lowed by the supreme court or any justice I thereof directed to the commissioners of taxes and assessments on the verified petition of the party aggrieved, but only on the grounds which must be specified in such petition, that the assessment is illegal, and giving the par- ticulars of the alleged illegality, or is erron- eous by reason of over valuation or, in case of real estate that the same is erroneous by reason of inequality in that the assessment has been made at a higher proportionate valu- ation than the assessment of other real es- tate on the tax rolls of the city for the same year, specifying the instances in which such inequality exists, and the extent there- of, and stating that he is or will be injured thereby. Wlien as.sessmenf rolls to be matle and delivered to tlie mtinieipal assembly. Sec. 907. Beginning with the 1st day of May in each year the board of taxes and assess- ments shall cause to be prepared from the books of annual record of assessed valuations of real and personal estate in the several of- fices of the department of taxes and assess- ments in the several boroughs, assessment rolls for each of said several boroughs, and shall, as soon as such rolls are completed, annex to each of said rolls their certificates that the same is correct in accordance with the en- tries in said several books of record. The rolls so certified must, on the first Monday of July in each year be delivered by the board of taxes and assessments to the municipal as- sembly, 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 prescribed by law; ex- cept that whenever said first Monday in July shall fall on a legal holiday, said rolls shall be delivered by said board of taxes and as- sessments on the next succeeding day there- after to the municipal assembly, which shall meet at noon on such next succeeding day, at the place and in the manner and for the purposes hereinafter specified. Meaning; of flie 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 determination or decision made by the board of taxes and assessments, or any other body or board. then in tie absence of express provision to the contrary, any cucli dc't, -H dbbe, or any such determination' or ' deei&iofl. If .nadc by a majority of the body or board shall, within the meaning of this act be held to be the act, determination or decision of the body or board. Assessment rolls to remain in custody of municipal assembly. Sec. 909. The tax or as.sessment rolls, when finally submitted to the municipal assembly on the first Monday of July in each year, shall remain in the custody of said assembly, but the president of the council may, by written permission, permit access to them, and he is hereby, in the name of the municipal assem- bly and as its act, authorized and directed to cause to be properly estimated and computed the taxes annually imposed, and cause the same to be properly set dov/n or extended in the several assessment rolls or tax books, as required by the next section. It shall also be the duty of said president to cause the items of said taxes to be carefully added, and to set down the amount of the same therein; and when completed to deliver the tax books re- lating to real estate to the collector of assessments and arrears, in order that the unpaid water rents of each preced- ing year may be entered therein. After such completion of the assessment rolls or tax books it shall be the duty of the city clerk to procure the proper warrants authorizing and requiring the receiver of taxes to collect the several sums therein mentioned according to law, and such warrants need be signed only by the president of the council and the presi- dent of the board of aldermen, and counter- signed by the city clerk, and immediately thereafter the president of the council shall deliver the said assessment rolls, with the warrants aforesaid annexed thereto, to the re- ceiver of taxes, at the same time notifying the controller of the amount of taxes in each book, in order that he may cause the proper sum to be charged to the receiver for collec- tion. IcX.: duties of manieipal assembly re- speetiiis'. Sec. 910. At such annual meeting the muni- cip'al assembly must make such alterations in the description of real property belonging to non-residents as may be necessary to ren- der such descriptions conformable to the provisions of law; and if such alterations cannot be made, they must expunge the de- scriptions of such real property, and the as- sessments thereon from the assessment rolls. They must also estimate and set down in a fifth column, to be prepared for that purpose in the assessment rolls, opposite to the sev- eral sums set down as the valuation of real and personal property, the respective sums, in dollars and cents, to be paid as a tax thereon, rejecting the fractions of a cent. They must also add up and set down the ag- gregate valuations of the real and personal property in the several boroughs as cor- rected by them; and must transmit to the controller of this state by mail a certificate of such aggregate valuations, showing sepa- rately the aggregate amount of the real and personal property in each borough, as cor- rected by the municipal assembly. Corrected roll to be delivered to re- ceiver of taxes. Sec. 911. They must also cause the assess- ment rolls of each borough, when corrected according to law, and finally completed, or a fair copy thereof, to be delivered to the receiver of taxes in and for the city on or before the first day of September thereafter, with the proper warrant or warrants an- nexed, signed by the president of the couooU 92 THE CHARTER OP THE CITY OP NEW YORK. anj tho president t}ie, board of aldermen and cowKtfcv.'^iguod ,J.\y .th4 ci'ty clerk, direct- ing and requjrittg' bifn ■ to. .cwllect from tho several persons named in the assessment rolls the several sum.s mentioned in the last column of such roll, opposite to their respec- tive names, and to pay the same from time to time, when so collected, to the chamber- lain of the city. Penalty for municipal assembly’s neglect. Sec. 912. If the municipal assembly shall willfully refuse or neglect to perform any of the duties required cxf them by the two preceding sections, each member so refusing or neglecting shall forfeit to the city of New York the sum of five hundred doilars, to be recovered in a civil action; and shall also be punishable for a misdemeanor, and upon con- viction thereof, shall forfeit his office. ■\Vliere taxes due and i»ayable. Sec. 913. The receiver of taxes, upon receiv- ing the assessment rolls and warrants shall immediately cause the assessment rolls and warrants for each of the several boroughs wherein he shall, under the designation of tho municipal assembly, have an office, to be de- livered at and filed in such office, and shall thereafter proceed to collect and receive said taxes from the several individuals and corpo- rations assessed in the said assessment rolls in the manner hereinafter prescribed. Receiver of tuxes to give public notice. Sec. 914. The receiver of taxes shall, imme- diately after he shall have received the assess- ment rolls, give public notice in the City Rec- ord and the corporation new'spapers and in such newspaper or newspapers pubiished in the several boroughs as may be designated by the board of city record, or in default of any newspaper being published in any bor- ough, in such newspaper or newspapers hav- ing a general circulation in such borough as the board of city record shall direct, that said assessment rolls have been delivered to him and that all taxes are then due and payable at his office in the said respective boroughs, and that in case of payment on or before the first day of November thereafter the persons so paying shall be entitled to the benefits men- tioned in the next section. Rebate for prompt payment. Sec. .915. If any person who shall be assessed in any of the said assessment rolls shall pay the amount of his taxes on or before the first day of November, succeeding the delivery of the said assessment rolls and warrants to the said receiver, it shall be the duty of the re- ceiver or any of his deputies to receive the same, and to deduct therefrom Interest, at the rate of 6 per cent, per annum, between the day of such payment and the fi’'st day of De- cember then next succeeding. Infere.st on unpaid taxes. Sec. 916. If any sucti tax shall remain un- paid on the said first day of December it shall be the duty of the receiver of taxes ^o' charge, receive and collect upon such tax so remain- ing unpaid on that day, in addition to the amount of such tax one percentum on the annount thereof, and to charge, receive end col- lect upon such tax so remaining umpaid on the first day of January thereai’cer, interest upon the amount thereof, et the rate of seven per centum per annum, to be calculated from the day on which said assessment rolls and war- rants shell have been delivered to the receiver cf taxes to ‘the date of payment; and such in- crease or percenitage sheli be paid over and accounted for by such receiver from time to lime, as a part of the tax collected by him. Id.; continued. Sec. 917. It shall be the duty of the said re- ceiver, in person or by his deputies, to charge, collect and receive upon all taxes remaining unpaid on and after the said first day of Janu- ary, interest at a rate of seven per centum per annum, to be calculated from the day on which the said assessment rolls and warrants shqjl have been delivered to the receiver. Duty of receiver wlierc taxes remain unpaid on the first of November fol- lo^viiig- the delivery of assessments and Tiarranta. Sec. 918. If any taxes of any year shall re- main unpaid on the first day of November next after the assessments and warrants to collect such taxes have been delivered to the receiver of taxes at his office in the borough of Man- hattan, it shall be the duty of the receiver to give nccice by advertisement for at least ten days in the City Record and the corporation new'spapers, and in such daily paper having a general circulation in any borough as the board of city record shall designate, that un- less the same shall be paid to him at his office on or before the first day of December, in any such year, he will immediately thereafter pro- ceed to collect such unpaid taxes as provided herein. Public notice to be given by receiver after Decembei* 1st in eacb year. Sec. 919. The receiver of taxes shall Imme- diately after the 1st day of December, in each year, give public notice in the City Record, and the corporation newspapers, and in such daily paper ' having a general circulation in any borough as the board of City Record may designate, at least ten days, no- tifying all persons or corporations who have omitted to pay their taxes to pay the same to him at his office in the borough of Man- hattan or to his several deputies in the sev- eral boroughs. Umlividetl 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 claiming any divided or undivided part thereof may pay such part of the sum of money so taxed, also of the interest and charges due or charged thereon, as the said controller may deem to be just and equitable; and the re- mainder of the sum of money so taxed, to- gether with the interest and charges, shall be a lien upon the residue of the land and premises only, which residue may be sold to satisfy the residue of such tax, interest, or charges, in the same manner as though the residue of said tax had been imposed upon the residue of said lands or premises. Corporations; tax for, bow collected. Sec. 921. The said receiver of taxes shall proceed in enforcing the collection and pay- ment of taxes against corporations or asso- ciations, and their officers and directors, or trustees, in the same manner as against in- dividuals; such taxes shall be paid out of the funds of the comparer and shall be ratably deducted from the dividends of those stock- holders whose stock was taxed, or shall be charged upon such stock, if no dividends he afterward declared. Daily statement of taxes received to be r-endei'ed to chamberlain. 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 3 o’clock thereof, shall render a statement of the same to tho cham- berlain and at tho same time on each day pay i over to the said chamberlain the amount re- ceived oil such day; he shall also thereupon receive from the said chamberlain a voucher for the payment of such sums, which he shall forthwith, on the same day, exhibit to the controller 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 cham- berlain 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 received; how to be kept. Sec. 923. It shall be the duty of^the receiv- er, and of deputy receivers, from time to time to enter in a co'lumn, to be made for that pur- pose, upon the assessment rolls in his posses- sion, opposite to the names of the persons mentioned therein, and who shall pay their tax as aforesaid, to the receiver af taxes, person- ally 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 names of the parties respectively 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 controller of the said city, personally or by deputy, a detailed statement 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 controller in his office. The con- troller shall, on each day, immediately 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 corre- spond, shall credit the said receiver of taxes in his book with such amount. Penalty for failure to report to cham- berlain. Sec. 924. If the receiver of taxes, or any deputy receiver shall on any day omit or neglect to furnish to the chamberlain or to the controller, respectively, the statements and vouchers required by law, or to make the dally payments hereinbefore prescribed, it shall be the duty of the controller forthwith to suspend from office the party delinquent. In case of such suspension the controller shall appoint a suitable person to perform the du- ties of the officer so suspended, who shall continue to act as such officer, with all the powers conferred upon him by this title, until the parties suspended shall be restored, or another person shall have been appointed. On making such temporary appointment the controller shall be required to take from the party so appointed a bond, with two sufficient sureties, to be approved by the chamberlain, and filed with the said controller, in such penal sum as the said chamberlain may deem just, conditioned for the faithful performance of the duties of the office, during the continuance of the person so appointed therein, and all the provisions of this title prescribing the duties of the receiver of taxes, and the deputy receiver shall apply to the person or persons so appointe^d in their stead'' by the control- ler. Froyision in case of sickness. Sec. 925. In case of inability of the re- ceiver to perform the duties of his office by reason of sickness or absence from the city the controller shall designate some suitable person to perform the duties of his office dur- ing such inability or absence, and shall, in his discretion, take from such person a bond. I THE CHARTER OF THE CITY OF NEW YORK. 0.3 with sufficient sureties, in the manner pre- scribed in the preceding section. Collection of nnpaid personal tax by distress and sale. Sec. 92G. It shall be lawful ^for the said re- ceiver, if any tax for personal property and the interest thereon, as hereinbefore provided, shall remain unpaid on the fifteenth day of the month of January, succeeding the receipt by him of the rolls, to issue his warrant under his hand and seal directed to any marshal commanding him to levy the said tax, with interest thereon at the rate of seven per centum per annum from the day of the delivering of the as- sessment rolls and warrants to the said receiver to the time when the same shall be paid by distress and sale of the goods and chattels of the person against whom the said warrant shall be issued, or of any goods and chattels in his or her possession, 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 this section the jurisdiction of the marshal is co-extensive with the city of New York. The controller of the city of New York, how- ever, may from time to time, as may be neces- sary 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. Id.; may add costs of distress and sale. Sec. 927. In all cases where 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 sale, which costs ,4iall 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 be advertised. Sec. 928. The marshal to whom a warrant for the collection of any tax is issued shall give public notice at the time and place of sale of any property distrained by virtue thereof, and of the property to be sold, at least six days previous to the sale, by adver- tisements to be posted up in at least three public places in the ward where such sale shall be made. The sale shall be by public auction. 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 possetsion such property was when the distiess 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 belonged to him and such claim be admitted by the person for whose tax the same was distrained, the sur- plus shall be paid to such owner; but if such claim be contested by the person for whose tax the property was distrained, the surplus moneys shall be retained by the said marshal until the rights of the parties shall be judicially determined. Enforcing payment of personal taxes; tine may be imposed. Sec. 930. In case of the refusal or neglect of any person to pay any tax imposed on him for personal property, if there be no goods or chattefls in his possession upon which the same may be levied by distress and sale ac- cording to law, and if the value of the proper- ty assessed ^all be the sum of one thousand dollars, the said receiver, if he has reason to believe that the person taxed has debts, cred- its, choses in action, or other personal proper- ty not taxed elsewhere in this state, and upon which the levy cannot be made accord- ing to law, may thereupon, in his discretion, make application to the supreme court, within one year from the date of the return of the warrant by the marshal, to enforce the payment of such tax. The court may im- pose a fine for the misconduct mentioned in this section, sufficient in amount for the payment of the tax assessed, and ten dollars, costs of motion, together with expenses of the proceedings authorized by this title, to en- force such payment or to punish such mis- conduct; and the amount of such tax shall be paid out of such fine to the said receiver, who shall pay. over the same in like manner as the tax was required to be paid; and costs and expenses of such proceedings shall be paid out of such fine to the said receiver who made the application to enforce the pay- ment of the tax. Id.; order fo proseente; when operates as assignment of bonds. Sec. 931. Whenever any bond taken under the proceedings referred to in the last preced- ing section shall be ordered to be prosecuted, such order shall operate as an assignment of the bond to the said receiver, who shall be authorized to prosecute the same in any court of record, in his name as such receiver, as the assignee of the officer to whom the bond was given, in the same manner as in other sections on bonds with conditions to perform covenants other than for the payment of money; and the measure of damages in such action shall be the extent of such tax, and the cost and expenses of the proceedings to en- force the payment hereof, and shall be applied and paid in like manner as the fine men- tioned in the next preceding section is therein directed to be applied and paid, and in all such actions, if the plaintiff recovers, he shall recover all costs against the defendant. Id.; cases to be sent to corporation counsel. Sec. 932. It shall be the duty of the receiver of taxes to send or cause to be sent to the corporation counsel, monthly, ail cases of personal taxes embraced in the assessment rolls, when the assessment is one thousand dollars or more, and upon which a warrant to any of the marshals of said city has been issued and unsatisfied for a period of sixty days, or returned unsatisfied in whole or part, and of all other cases of personal taxes, ex- cept in those cases where the controller may extend the warrant, when application 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 fer all such cases. Id.; duties of corporation counsel. ' Sec. 933. The corporation counsel shall bo charged with the prosecution of all suits or proceedings, in any court having jurisdiction, for the collection of all cases of personal taxes sent to him by the receiver of taxes, or where, by any law of this state, any suit or proceeding may be instituted by such receiver, or any marshal acting under a tax warrant, in any court for the collection of any tax for personal property, and shall, sub- ject to such control, act as counsel to the re- ceiver of taxes, and to any marshal acting under the warrant of said receiver in the collection of any tax for personal property. Court to dismiss proceedings if satis- fied tliat taxes on personal i>ropertj- cannot be paid. Sec. 934. The court in which any proceed- ing may be commenced to enforce the pay- ment of any tax for personal property may dismiss the proceedings absolutely without costs, or conditionally, upon the payment of costs, or may, on the facts, in Us discretion, dismiss such procaedings on the payment of such part of the tax and costs as shall be just, in any case w'lere it shall be satisfied that the person or persons taxed are unable, for want of property, or other reason, to pay any tax. In cases where any proceedings shall be dismissed under this section, on pay- ment of a portion of the cax, a copy of the order of the court shall be filed with the re- ceiver of taxes, and a note of the contents of such order entered ujton the assessment roll, and it shall be the duty of said counsel to report all casen dismissed on account of the inability of the person to pay the tax to the commissioner of taxes and assc.ssments, annually, on the thirty-first day of December in each year; and said commissioner is here- by authorized to strike the names of all such persons from the assessment rolls for the succeeding year. Counsel fo keep regi.ster, etc. Sec. 935. The corporation counsel shall keep, in proper books to be provided by the cor- poration of said city for that purpose, a register of all actions or proceedings prose- cuted, and upon the expiration of his term of office, or his resignation thereof or re- moval therefrom, the corporation counsel shall deliver to his successor in office all books and papers in his hands belonging to his office, or delivered to him by the receiver of taxes, or any marshal of said city, and in any way connected with his office, or any business pertaining thereto. The said counsel or any marshal shall pay over, under oath, to the receiver of taxes of said city, monthly, 6r oftener if required, all taxes collected by him. Receiver; wlieu may sue for person ni taxes. Sec. 93fi. Any tax duly imposed for per- sonal propertjf upon any person or corpora- tion in the city of New York, and 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 interests and costs, by the receiver of taxes of said city in the name of the city, in an action in any court of record in this state. Unpairt taxes ami assesments levied prior to January 1st, ISOS; special provision. Sec. 937. All taxes and assessments levied before the first day of Jajiuary, eighteen hun- dred and ninety-eight, by lawTul authority, in any of the municipal and public corporg,- tions hereby consolidated, including the counties of Kings and Richmond, and that part of the county of Queens included wfith thff city of New" York, as hereby constituted, and which shall remain due and unpaid bn said first day of January, eighteen hundred and ninety-eight, shall become and be due and payable to and collectable by said city, and all tax and assessment lists in the pos- session of any officer of any of said muni- cipal and public corporations and counties, on the thirty-first day of December, eighteen hundred and ninety-seven, shall be delivered to the comptroller or his duly authorized rep- resentative on or Immediately after the first day of January, eighteen hundred and ninety- eight. All such lists, except those of the bor- oughs of Manhattan, the Bronx and Brook- lyn, shall thereupon be ti’ausmitted to the col- lector of assessments and arrears to be col- lected by him or by one of his deputies by suit or under and pursuant to the law's in 94 THE CHARTER OP THE CITY OP NEW YORK. force when the said taxes were levied, or in force on December thirty-first, eighteen hun- dred and ninety-seven. Taxes on real estate and w'ater rents in the boroughs of Manhat- tan and the Bronx levied prior to January first, eighteen hundred and ninety-eight, shall be collected by the receiver of taxes or by one of his deputies in the same manner as heretofore provided therefor, and shall be pay- able in the office of the said receiver of taxes in the borough of Manhattan until June first, eighteen hundred and ninety-eight, when re- turn thereof shall be made as provided in section one thousand and twenty-three of this act. Arrears of taxes and water rents and assessments for local improvements in the borough of the Bronx, confirmed prior to January first, eighteen hundi'ed and ninety- eight, including assessments confirmed by a court of record, shall be collected by the col- lector of assessments and arrears at his of- fice in the borough of Manhattan until such [ time as the comptroller shall provide for the I proper collection thereof at the branch office of the collector of assessments and arrears in the borough of the Bronx. Taxes on real es- tate, water rates and assessments in the bor- ough of Brooklyn shall be collected by the receiver of taxes of the city of New York or by one of his deputies in the same manner and up to the same time as heretofore pro- vided therefor by the city of Brooklyn, when return thereof shall be made as provided in section one thousand and twenty-three of this act. Taxes on personal property unpaid on January fifth, eighteen hundred and ninety- eight, may be collected as elsewhere provided in this act for the collection of taxes o-n per- sonal property in the city of New York. £Thus amended by Chapter 51s, Laws of 1898.] TITLE 2. ASSESSMENTS FOR LOCAL IMPROVE- MENTS OTHER THAN THOSE CONFIRMED BY A COCRT OF RECORD. Asses-sment; term liow construed. Section 942. The word assessment, wherever used in this title and in the next succeeding I one, shall be construed to mean an assessment for any local improvement which may be lawfully confirmed in any other manner than by a court of record. Mayor to appoint a board of asses.sors; salary; subordinates. Sec. 943. The mayor shall appoint five per- sons, who shall constitute the board of asses- sors. The salary of each member of said board shall be three thousand dollars a year. 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 “^ny part of the city of New York as hereby con- stituted. The said board shall appoint a sec- retary and such clerks and subordinates as may be necessary, and shall fix their salaries, not exceeding in the aggregate the appropria- tion made for such purpose in the final esti- mate. The secretary, clerks a.nd subordinates of the board of assessors of the mayor, aider- men and commonalty of the city of New York shall be and act as secretary, clerks and subordinates of the board of assessors herein provided for until and unless they shall be re- moved or superseded by the last mentioned board of assessors. The board of revision of assessments. Sec. 944. The controller, corporation coun- sel and president of the board of public im- provements shall constitute the board of fb'- vision 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 in the various laws and ordinances relating to assessments in any part of the city of New York, as hereby constituted, other than assessments made by commis- sioners appointed by a court of record, and other than these confirmed by the board of assessors; said board shall have power to con- sider, on the merits, all objections made to any such assessment, and to subpena and ex- amine 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 deter- mine. The revision of such assessment shall be made without delay, so that unless the same are referred back for revisal and cor- rection they shall be confirmed within thirty days from the time they shall, respectively, be presented for confirmation, and if not so confirmed or referred back they shall be deemed to be confirmed at the expiration of thirty days from the time they shall be, re- spectively, so presented for confirmation. All such assessments, immediately upon con- firmation, shall be transmitted to the con- troller for entry and collection. Po'ivers of the two boards. Sec. 945. In addition to the powers herein specifically conferred upon the board of as- sessors and the board of revision, the said boards shall have and exercise, as to the whole territory embraced in the city of New York, each and every power and authority conferred upon and exercised by the board of assessors, 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 asscssmeuts are iiiatlc. Sec. 946. All assessments shall be made by the board of assessors on the following cer- tificates, 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 expenses which shall have been actually incurred by the city of New York on account thereof. 2. The controller shall certify to the board of assessors the amount of the interest, at the legal rate, upon the several installments ad- vanced or payments made on account of such work, from the time of such payment or ad- vance, by the city, to a day sixty days after the date of such certificate. Thereafter the board of assessors shall assess upon the prop- erty benefited, in the manner authorized by law, the aggregate amount of such certificates, or such proportion thereof as is authorized by law, and the said board shall not in any way be enjoined, restrained, hindered or de- layed in the performance of this duty, provid- ed that nothing contained in this section shall be construed to affect the powers of the board of revision of assessments. Assessment not to exceed oue-balf the valuation. Sec. 947. The assessors shall in no case as- sess any house or iot, improved or unimproved lands, more than one-half the fair value of such house, lot, improved or unimproved lands. Assessment for repaving; when for- bidden. •‘Sec. 948. Unless it shall be petitioned for by a majority of the owners of the property, on the line of the proposed improvemnt, no assessment shall be imposed for the paving of any street, or any portion thereof, which has been once paved, and the expense there- of paid by the owners of the adjoining pro- perty. [Thus amended by Chapter 212, Laws of 1899.] How property sliall be described by tile assessors. Sec. 949. In all cases the assessors shall describe in the assessment the property as- sessed by the same ward or block numbers or other designations as shall be used to designate the said property on the tax books of the city of New York. They shall also describe the houses and lots assessed by their street numbers, if any. The assessors shall also state the name of the owner or owners and occupant or occupants, if they be known to the assessors, and it shall be their duty to ascertain, as far as may be, by inquiry from the commissioners of taxes and assessments or others, such ownership and occupation, and such commissioners shall afford the requisite information. Notice of completion of assessments to be given. Sec. 950. It shall be the duty of the board of assessors, when it has completed any pro- posed 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 coi'poration newspapers, for at least ten days successively. The notice shall de- scribe the limits within which it is proposed to lay the said assessment, and shall contain a request for all persons whose interests may be affected thereby, and who may be opposed to the same, to present their objections, in writ- ing, to the secretai'y of the board of assessors within thirty days from the date of such no- tice, and specifying a time and place after the expiration of the said thirty days when and where the said objections will be heard and testimony received in reference thereto. If, after hearing and examining such objections and testimony, the assessors shall not deem it proper to alter their assessment, or having altered it there shall still be objections to the same, it shali be their duty to present such objections with the proposed assessment to the board of revision of assessments. If no objections shall be received, or if the board of assessors shall alter the assessment so as to satisfy the objectors, said board shall forthwith declare the said assessment con- firmed, and shall transmit the same to the controller for entry and collection. An assessment so confirmed shall be of the same force and effect as if confirmed by the board of revision of assessments. Award of damages for changes of grade; liability in sucli eases. Sec. 951. All cases where a change of grade of any street or avenue ha^ been made prior to the taking effect of this act, shall, as to the liability to make compensation for dam- ages caused by such change of grade, be governed by the laws in force at the time such change of grade was made. After the taking effect of this act there shall be no liability to abutting owners for originally establishing a grade; nor any liability for changing a grade once established by lawful authority, except where the owner of the abutting prop- erty has subsequently to such establishment of grade built upon or otherwise improved the property in conformity with such established grade, and such grade is changed after such buildings or improvements have been made. In such cases damages occasioned by such change of grade to such buildings and im- provements shall be ascertained and assessed in connection with and as a part of the e.x- penses of grading or otherwise improving the street or avenue in conformity with the grade THE CHARTER OF THE CITY OF NEW YORK 95 ■ T as changed. A grade shall be deemed estab- lished by lawful authority within the mean- ing of this section where it was originally adopted hy the action of the public authori- ties, or w'here the street or avenue has been use by the public as of right for twenty years and been improved by the public authority at the expense of the public or of the abutting owners. All laws inconsistent herewith are hereby repealed. In case the grade of any such street shall be changed, and the same shall have been regulated and graded according to the new grade, after the certificate of the cost of such regulating and grading shall have been re- ceived by the board of assessors, it shall be the duty of the said board to cause to be pub- lished in the City Record, and the cor- poration newspapers, for at least ten days successively, a notice which shall con- tain a request for all persons claiming to have been injured by the said change of grade to present, in writing, to the secretary of the board of assessors, their claims, specifying a place where and a time when the said board will receive evidence and testimony of the nature and extent of such injury. After hearing and considering the said tes- timony and evidence the board of asses — shall make such awards for such loss and damage, if any, as it may deem proper. The amount of the said awards shall be included In the assessment for the regulating and grad- ing of the street in question, as a part of the expense thereof, and the said award, and the proceedings of the assessors in relation there- to, shill be subject to review by the board of revision of assessments. Foregoing section — liow construed. Sec. 952. The foregoing section shall not be 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 im- mediately previous to the passage of this act, and affecting any part of the territory of the mayor, aldermen and commonalty of the city of New York nor shall it be construed to affect the powers of any commission acting under any laws of this state. Awards — when to he paid; action for defanit. Sec. 953. The city of New York shall, with- in four months after confirmation of any as- sessment, including awards made in pur- suance 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 ’- — 'ind, it shall be lawful for the persons entitled to the same to sue for and recover the amount of their awards. In case any such award or compensation shall be paid to any person not entitled thereto, when the same ougt'' 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 re- cover the same with interest and costs, as so much money had and received to his use by the person or persons 'pcf . o'.y to whom the same shall have been so paid; provided that when the name or names of the owner or owners, party or parties, are not set forth in the report of the assessors, or where the said owners, parties or persons re- spectively being named therein shall be in- sane, 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 pay the sum mentioned in said report, oi 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 pay- ments shall be as valid and effectual in all respects as if made to the said owners, par- ties and persons respectively themselves, ac- cording to their just rights, if they had been known and had been persons of full age, single women and of sound mind. Assessments for tleepeniug water in v'loeks, etc. Sec. 954. The expense of conforming to any order or direction made in accordance with section 832 of this act, or of carrying the same into effect, shall be estimated and as- sessed by the board of assessors upon or among the owner or owners of any or every wharf, pier, dock, bulkhead, piece of land, water-right, or privilege, near or adjacent to w'hich any such water may be deepened, and which may in any manner be benefited there- by, in proportion, as nearly as may be, to the advantage w’hich each shall be deemed to acquire. Every such estimate and assess- ment, after confirmation, shall be binding and conclusive upon the owners thereby as- sessed respectively, and shall be a lien* or charge upon the property or premises in re- spect to which the same may have been made. TITLE 3. VACATING AND MODIFYING ASSESS- MENTS FOR LOCAL IMPROVEMENTS OTHER THAN THOSE CONFIRM- ED BY' A COURT OF RECORD. Remedies limited. Sec. 958. No suit or action in the nature of a bill in equity or otherwise shall be com- menced for the vacation of any assessment in said city, or to remove a cloud upon title; but owners of property shall be confined to their remedies in such cases to the proceedings un- der this title. Petition to tlie supreme court in case of fraud oi' substantial ei'i-or. Sec. 959. If in the proceedings relative to any assessment or assessments for local im- provements, or in the proceedings to colleoi the same, any fraud or substantial error shall be alleged to have been committed, the party aggrieved thereby may apply to a justice of the supreme court in special term or in vacation, 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 substantial error, other than such errors as are specified in the next section, has been committed as provided in this title, the said assessment shall be vacated or modi- fied, and the lien created thereby, or by any subsequent proceedings, shall cease. If, up- on such hearing, it shall appear that, by rea- son of any alleged Irregularity, the expense of any local improvement has been unlawfully increased, the judge may order that such as- sessment upon the lands of said aggrieved par- ty be modified by deducting therefrom such sum,asisin thesameproportion to such asses.s- ment as is the whole amount of such unlawful increase to the whole amount of the expense of such local improvement. Any order that may be made by a justice under authority of this section shall be filed in the office of the county clerk of the county in which the lands are situated, and after the filing of a certified copy thereof with the officer having charge of I the assessment, it shall be his duty to cancel or reduce the assessment, as required by the order, or do any other act required thereby. A.s.'fo.ssmcnl.s m>t to l>f Net aNide for eertiiiii irregiilaritieN aud teehnieal- itio.s. i: Sec. 960. No assessment heretofore made or imposed, or which shall hereafter be made or imposed for any local improvement or other puDlic work, already completed or now being made or performed, or which shall hereafter be made, done or performed, shall hereafter be vacated or set aside for or by reason of any omission to advertise, or Irregularity in advertising any ordinance, resolution, notice, or o'ther proceeding relative to or authorizing the improvement or w'ork for w'hich such assessment shall have been made or imposed or for proposals to do the work, or for or by reason of the omission of any officer to per- form any duty imposed upon him, or for or by reason of any defect in the authority of any department or officer upon whose action the assessment shall be in any manner or to any extent dependent, or for or by reason of any omission to comply with or carry out any detail of any law or ordinance, or for or by reason of any irregularity or technicality, except only in cases- in which fraud shall be show'll and in case of an assessment for re- paving any street or public place, upon prop- erty for which an assessment has once been paid for paving the same street or public place; and all property in said city benefited by any improvement or other public work already completed, or now being made or performed, and hereafter made, done or per- formed, except as aforesaid, shall be liable to assessment for such improvement or work and all assessments for any such improve- ment or other public work shall be valid and binding notwithstanding any such omis- sion, irregularity, defect in authority or tech- nicality. No assessment shall be vacated by reason of fraud or irregularity in the pro- ceedings to collect the same by sale of the assessed premises; but upon proof of such fraud or irregularity, such sale shall be set aside and the respective rights and liabilities of the assessed person and of the city of New York shall become and be the same as if such sale had not been made. All claims may be eiiibracert ii» one ItvooecdiiiR'. Sec. 961. Any person applying for relief, under the pirovisions of this title, may em- brace in one proceeding any or all assess- ments for local improvements in w'hich he is interested. Powei' of ooai't to vacate or reclace as- .Ne.ssmeiits limited and qualified. Sec. 962. No court shall vacate or reduce any assessment in fact or apparent, whether void or voidable, on any property for any local im- provement, otherwise than to reduce any such assessment to the extent that the same may be S'hown by parties complaining thereof to have been in fact increased in dollars and cents by reason of fraud or substantial error; and in no ©vent shall that proportion of any such assessment, which is equivalent to the fair value or fair cost of any local im- provement, w'ith interest at the rate of three per centum per annum from the date of con- firmation to the date of the final order of re- duction, and seven per centum thereafter, be disturbed for any cause. The provisions of this section shall apply to actions to recover money paid for assess- ments, and the amount recovered shall be limited to the excess over the fair value or fair cost of the improvement. Wbeu i»roc-eeding; to vacate, etc., to be brousrlit. Sec. 963. All proceedings to vacate or re- i dnee as.cessments in the city of New York THE CHARTER OF THE CITY OF NEW YORK. must be brought within one year after the confirmation thereof. Ile-asse.s»iiient. Sec. 964. Any lands which may be discharg- ed from any lien for an assessment for any local improvement may be again assessed, in the manner provided by law, for such amount as would have been justly chargeable if fraud or irregularity had not been committed; and the amount so assessed shall be a lien on said lands until paid, and shall be collecta- ble in the manner provided by law for the col- lection of assessments; but all proceedings to make a new assessment shall be at the expense of the city. TITLE 4. OPEXING STREETS AXD PARKS. Authority to open .streets. Sec. 970. The city of New York is authorized to acquire title for the use of the public to all or any of the laids required for streets, parks, approaches to bridges and tunnels, sites or lands above or under water for bridges and tunnels, and sites or lands above or under water, for all improvements of the navigation of waters within or separating poirtions of the city of New York, or of the water fronts of the city of New York or part or parts thereof, heretofore duly laid out upon the map o-r plan of -the city of New York, of the City of Brook- lyn, of Long Island City or of any of the ter- ritory by this act consolidated with the cor- poration heretofore known as the mayor, al- dermen and commonalty of the city of New York, or hereafter duly laid out upcii the map or plan of the city of New York, as herein constituted, and to cause the same to be opened. The board of public improvements is authorized to direct the same to be done whenever and as often as it shall deem it for the public interests so to do. The lands, tene- ments and hereditaments that may be required for such purposes may be taken therefor, and compensation and recompense made to the parties and persons, if any such there shall be, to v/hc«n the loss and damage thereby shall be deemed to exceed the benefit and advantage thereof, for the excess of the damage over and above the value of said benefit. The city of New York is authorized to make application, or to cause application to be made, to the supreme court of this state in the first or second judicial departments, as the case may be, for the appointment of commissioners of estimate and assessment to ascer'cain and determine the compensation and recompense which should justly be made to the respective owners, lessees, pa.rcies and persons respect- ively entitled unto or interested in the lands, tenements, hereditaments and premises, pro- posed to be taken for any of the purposes aforesaid, and to assess the cost of Euch improvement, or such propor- tion thereof as the board of public improvements directs, upon such parties and persons, lands and tenements as may be deemed to be benefited thereby. Streets or por- tions thereof which are continuations of each ether in the same general direction may be embraced in the same proceeding. The mon- eys collected upon the assessment of the com- missioners of estimate and assessment shall be paid into the city treasury. The damages awarded by the commissioners of estimate and assessment shall become due and payable immediately upon the confirmation of the re- pon; cf s-aid commissioners of estima'ce and' assessment. Removal of bailclings. Sec 971. The board of public improve- ments may permit any building which shail be either partly or wholly included within the limits of any such street, or park laid out in the said city, and so to be opened as afore- said, to remain unremoved for such time or times as they shall think proper. Colnmbla college, St. Jolin's college and Universit j' of the City of New York; streets not to he opened tlirougrh gironnds of. Sec. 972. It shall be unlawful to open any streets through the grounds belonging to the corporation of St John’s college, in its actual occupation at what was formerly known as Fordham, or through or upon any part of the land and premises now owned by the Univer- sity of the City of New York, extending from Sedgwick avenue to Aqueduct avenue, in the city of New York, and lying immediately south of and adjacent to One Hundred and Eighty-first street, sometimes called Univer- sity 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, be- tween Andrews avenue and Aqueduct avenue, at any time hereafter, and provided that the said University of the City of New York shall dedicate without claim or reward for damages all of the land required for East One Hundred and Eighty-first street, between An- drews avenue and Aqueduct avenue. No street from One Hundred and Sixteenth street to One Hundred and Twentieth street, or from Amsterdam avenue to the Boulevard, shall at any time be opened through the groundsi of Columbia college, so long as such grounds are owned or occupied for educational purposes. Application for the appointment of eonimi.ssioner.>i. Sec. 973. Whenever the opening of any street shall have been duly authorized and directed, as provided in this act, it shall be the duty of the corporation counsel immedi- ately to institute a proceeding to acquire title for the use of the public to the land required for such street, and upon due notice by ad- vertisement duly published in the City Record and the corporation newspapers for ten days, and by causing copies of the same in hand- bills to be posted for the same space of time in three conspicuous places adjacent to the property to be affected by the intended im- provement, to make application to the su- preme court. In the appropriate department thereof within the city, and in the manner appropriate to proceedings for the appoint- ment of commissioners of estimate and as- sessment, indicating in such application the land required for that purpose by reference to the maps on file in his office. Upon such an application it shall be law- ful for the said court to nominate and appoint three discreet and disinterested persons, be- ing citizens of the United States, commis- sioners of estimate and assessment in said pro'Oeeding, for the performance of the duties in this chapter mentioned. The corporation counsel may nominate three discreet and dis- interested persons to said court, of whom it may designate one who may be appointed. .4ny person who may be interested in the property which will be affected by the intended improvement, which interest for this purpose shall be decided by his own affidavit, stating the nature and extent of such interest, may present to the court the name of one or more persons whose names shall form a list out of which, if a majority in interest of the persons so interested shall agree upon the name of one person, that person may he appointed; but if a majority shall not agree upon one person, then the court may appoint one person out of the names on such list. after which the said court may appoint a third person out of the names so presented by the corporation counsel and by the parties interested; all of which persons so named shall be subject to the right of chal- lenge on the ground oif interest, incapacity or disqualification, to be exercised by the co'rporation counsel or by any person having an interest in the said proceedings; and if any of them be rejected for good cause, or refuse to serve, then another may be nom- inated in his stead by the same party. AineiKl merits of be ebargert if not paid in sixty days. Sec. l.OOG. If any such asses.sment shall re- main unpaid for the period of sixty days after the date of entry thereof in the said record of titles and assessments, it shall be the duty of the officer authorized to collect and receive the amount of such assessment, to charge, col- lect and receive interest thereon, at the rate of 7 per centum per annum; to be calculated from the date of such entry to the date of pay- ment. Interest limited to excess in certain eases. See. 1,007. Whenever an estimate and as- sessment for loss and damage, and for benefit and advantage shall be made by the commis- sioners of estimate and assessment relative to the same person or persons, no interest shall be demanded from such person or persons up- on the amount assessed for benefit and advan- tage, except on the excess of the amount he is to pay over and above the amount he is to re- ceive for or in consequence of any intervening time between the period fixed for the receipt of the amount of benefit and advantage and the payments of the amount of loss and dam- age. Notices in proceedings to oi»en streets^ bow pnblislied. Sec. 1,008. Any notice now required, or here- after to be required, by law to be published in any proceeding for the opening, extending, widening or altering any street or park in said city, shall hereafter be published in the City Record and the corporation newspapers. When- ever handbills now or hereafter may he re- quired by law to be posted in any such pro- ceeding, they shall be posted or affixed with paste or other adhesive substance in three conspicuous places upon or near the lands to be taken in such proceeding, and proof of such posting shall be sufficient evidence with- out further proof of said notice having re- mained posted during the whole of the period required by law. Sec. 1,009. Nothing contained in title 3 of this chapter relating to the vacating and reduc- tion of assessments shall apply to assessments made pursuant to this title. Sec. 1,010. Whenever the word “street,” or the plural thereof, occurs in this chapter, it shall be deemed to include all that is in- cluded by the term “street, avenue, road, alley, lane, highv/ay, boulevard, concourse, public square and public place,” or the plu- rals thereof, respectively. Sec. 1,011. It shall be the duty of the cor- poration counsel, .within ten days after the entry of an order appointing commissioners in a proceeding authorized by this title, to file a copy of such order in the office of the register or county clerk of the county in which the land to be acquired Is located. There shall be indorsed upon such copy or- der a reference to the section and block or the sections and blocks on the land map of such county which include the land to be taken by such proceeding or abut there- on. The register or county clerk with whom such copy order shall be filed shall in- dex in the index of conveyances on each block so indorsed on said copy order a state* 102 THE CHARTER OP THE CITY OP NEW YORK. ment giving fhe title of said proceeding and the date of the entry of said order. TITLE 5. SALES OP LANDS FOR TAXES, ASSESS- MENTS AND WATER RATES. Wlien taxes ami water rents to l>e liens on lands assessed. See. 1,017. All taxes and all a.seessments 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 con- stitutod, hereafter he laid or may have here- tofore been laid, upon any real estate now in said city, shall continue to he, until paid, a lien thereon, and shall he preferred in pay- ment to all other charges. No assessments for any local improvement shall be deemed to he fulTy confirmed, so as to he due and be a lien upon the property included in the as- sessment, until the title thereof, with the date of confirmation shall be entered with the date of such entry, in a record of the ti- tles of assessments confirmed, to be kept in the office of the collector of assessments and arrears. Coiiti’oller to ijxihlisli notice of eon- lirniatioii of assessments. Sec. 1,018. It shall be the duty of the con- troller to give public notice, by advertise- ment, for at least ten days, in the City Rec- ord and the corporation newspapers, duly designated for any borough, in which the property is situated, immediately after the confirmation of any assessment, for a local improvement, that the same has been con- firmed, specifying the title of such asses, s- ment, and the date of its confirmation, and also the date of entry in the record of titles of assessments kept in the office for the col- lection of assessments and of arrears of taxes and assessments, and of water rents, notifying all persons, owners of property af- fected by any such assessments, that unless the amount assessed for benefit on any per- son or property shall be paid within sixty days after the date of said entry of any such assessment, interest shall be thereafter col- lected thereon as provided in the following section, and all provisions of law or ordi- nance requiring any different or other notice of assessments and interest thereon are here- by repealed. Interest to be eliarged if assessment anijald for sixt.v days. Sec. 1,019. If any such assessment shall re- main unpaid for the period of sixty days after the date of entry thereof on the said record of titles of assessments, it shall be the duty of the officer authorized to collect and receive the amount of such assessment to charge, collect and receive interest thereon, at the rate of 7 per centum per annum, to be calculated from the date of such entry to the date of payment. Rate. Sec. 1,020. Interest shall hereafter be charged and collected at the rate of 7 per centum per annum on ail arrears of taxes and assessments returned to tne collector of assessments and arrears from the time they become due until the date of payment, or in case a sale has taken place, as provided in section 1,027, until the date of the certificate mentioned in said section, and on the rents and charges for water from the time the taxes become due, to which they may be added as required by section 1,025, until the same date respectively. Apportionment of nsses.sment. Sec. 1,021. If a sum of money in gross has been or shall he assessed for local improve- ments upon any lands or premises in the city of New York, any person or persons claiming any divided or undivided part thereof may pay such part of the sums of money so assess- ed, also of the interest and charges due or charged thereon, as the controller may deem to be just and equitable; and the remainder of the sum of money so assessed, together with the interest and charges, shall be a lien upon the residue of the land and premises only, which residue may be sold in pursuance of the provisions of this act, to satisfy the residue of such assessment, interest, or charges, in the same manner as though the residue of said assessment had been Imposed upon the residue of said land or premises. Commi-ssioner of water sui>ply to transmit separate account for eaeli ward; iienaity for wasting- water. Sec. 1,022. The commissioner of water sup- ply shall, annually, at the time the tax levy in each year hs confirmed by the municipal assembly, cause to be prepared and transmit- ted to the collector of assessments and ar- rears a separate account for each ward of all lots on which the water rents for that year, including the extra charges to be included in said rents, as provided by this act, may re- main unpaid, w'ith the amount due on each lot, and shall, at the same time, notify the controller of the aggregate amount of such water rents so returned, and shall thereafter receive no payment on account of the same, but may, nevertheless, certify to the collectoi of assessments and arrears any overcharges which shall, upon said certificate, be remitted by the collector of assessments and arrears at any time before settlement. The said com- missioner of water supply is hereby author- ized to prescribe a penalty, not exceeding the sum of five dollars for each offense, for per- mitting water to he wasted, and for any violation of such reasonable rules as he may from time to time prescribe for the prevention of the waste of water; such fines shall he added to the water rents. Receiver of taxes to return arrears to tlie collector. See. 1,023. The receiver of taxes shall, on the first day of June, In each year, make a return to the collector of assessments and arrears, of all taxes on real estate and of water rates and rents, which have been added thereto, remaining unpaid, and shall notify the controller of the aggregate^ amount of arrears so returned, and balance on his books the accounts of the arrears so returned, by charging the amount thereof to the said collector, and shall thereafter receive no pay- ments on accounts of arrears so returned, but may nevertheless certify to the collector of a.ssessments and arrears any . errors which shall, upon such certificate, be corrected by the said collector any time before settlement. Sec. 1023-a. 1. There shall be a division of notification in the bureau for the collection of assessments and arrears of taxes and assess- ments and of water rents in the department of finance in the city of New York, the chief officer of which shall he a notification clerk, who shall have two assistants. Said noti- fication clerk and said assistants shall be ap- pointed by the comptroller of the city of New York, and shall hold office during his pleasure, and discharge their duties under the super- vision and direction of the collector of as- sessments and arrears. The salaries of the said notification clerk and of said assistant clerks shall he fixed by the comptroller, but shall not exceed fifty-five hundred dollars. The board of -estimate and apportionment of the said city, is hereby required to appro- priate annually in the budget such sum as may be necessary for the support and expenses of the said division, and the salaries of the said notification clerk and assistants, which sum shall annually he included in the tax levy by the municipal assembly. For the purpose of providing the moneys necessary for the payment of said salaries, and expenses, for the year eighteen hundred and ninety-nine, the comptroller is hereby authorized, when thereunto directed by the board of estimate and apportionment, to issue revenue bonds of said city, the redemption whereof shall he provided for in the budget, for the 'year nine- teen hundred. 2. The owner of any lot, piece, or parcel of land in the borough of Manhattan in the city of New York, or any person interested in such lot, piece or parcel, may file with such notification clerk a statement containing a brief description of such land, together with the section, block and lot number thereof and a statement of the applicant’s interest therein, together with a written request that such lot, piece or parcel of land be registered in the di- vision of notification, in the name of the appli- cant. In the said statement the applicant shall designate a post-office address to which noti- fications addressed to him shall be sent. The notification clerk shall thereupon register in a volume to be kept in said division as herein- after provided, a brief description of such lot, piece or parcel of land corresponding to the description thereof in the statement so filed, together with the name of the applicant and his post office address and the date of such ap- plication. 3. As soon as any assessment for a local im- provement shall have been confirmed, includ- ing assessments confirmed by a court of re-c- ord, and the list thereof shall have been en- tered and filed in the bureau for the collec- tion of assessments and arrears of taxes and assessments, and of water rents, the said noti- fication clerk and his assistants shall ex- amine said assessment list and shall thereupon within twenty days after such con- firmation mail a notice addressed to each per- son in whose name any lot, piece or parcel of land, affected by such assessment, is register- ed at the post-office address registered In the records of eaid division, enclosed in a post paid wrapper, which notice shall contain 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 confirmation, and title of the improvemnt for which said as- sessment is made, and a statement of the in- terest or penalty imposed for the nonpay- ment of the said assessment, and the date from which the interest or penalty will he computed. Failure to comply -with the provisions of this act, however, shall in no manner affect the validity or collectibility of any assesment for legal improvement .here to- fore 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. 4. The collector of assessments and arrears shall for the purpose of this act provide one or more volumes for each section of the city, included with in the borough of Manhattan, as the same shall appear upon the taxes maps of the city of New York, each of which volumes shall be ruled and printed in a proper and convenient manner. [Thus amended by Chap- ter 707, Laws of 18S9, 1897.] Water rents to 1>e provliled for in as- sessment rolls. Sec. 1,024. There shall be ruled in the yearly assessment rolls of each ward a column head- ed “water rents,’’ in which immediately after the confirmation of such assessment rolls, the THE CHARTER OF THE CITY OF NEW YORK. 103 collector of assessments end arrea. a shall cause to be entered opposite the ward, lot, town, block and map numbers of the property on which the said arrears may be due, the amounts due for “water rents” as transmitted to him by the commissioner of water supply, in ac- cordanee with the law, and the same shall be collected at the same time and in the same manner with the taxes to which they shall be added. Arrears likewise to be provided for. Sec. 1.025. There shall be ruled in the yearly assessment rolls of the taxes in each ward, a column headed “arrears,” in which the collector of assessments and arrears shall, annually, before any taxes for the year are collected, cause to be entered the v,ord “ar- rears” or “sold,” according as the fact may be, opposite to the ward, lot, town, block and map numbers on which any arrears of taxes, or of taxes with the water rent added, shall be due, or on which any assessment shall remain unpaid which w’as due or confirmed thirteen months prior to the first of June, then last past, or which may have been sold for assessments, taxes or water rents, and yet be redeemable. Bills foi- taxes to sliow arrears. Sec. 1,026. There shall be ruled a column for “arrears” in every bill rendered for taxes for lots on which said arrears or assessments, or taxes with water rents added, may be due, as aforesaid, ormay have been sold and yet be redeemable. in whichshallbe written opposite the entry of the ward, lot, town block and map number of said lot, “arrears” or “sold,” ac- cording as the fact may be; and it is hereby de- clared to be the duty of the receiver of taxes to cause a record to be kept of the ward and block numbers of all lots so noted in said bill as in arrears or sold, when said bills are pre- sented for settlement, and at the bottom of said bill shall be printed: “The columns for arrears indicate lots sold for arrears, or to be sold therefor; arrears to be paid and lots redeemed at the office of the collector of assessments and arrears.” Sales of lands for taxe.s and assess- ments; proceedings. Sec. 1,027. Whenever any tax on lands or tenements, or any assessments on lands or tenements foi local improvements, shall re- main unpaid for the term of three years from the time the same shall have been confirmed, and also whenever any rents for water in said city shall have been due and unpaid for the term of four years from the time the same shall have been due, it shall and may be lawful for the collector of assessment and arrears, under the direction of the con- troller, to advertise the said lands and tene- ments or any of them for sale, and by such advertisement the owner or owners of such lands and tenemeffts respectively shall be re- quired to pay the amount of such tax, assess- ment or water rents so remaining unpaid, to- gether with the interest thereon at the rate of seven per centum per annum to the time of payment, with the charges of such notice and advertisement, to the said collector, and notice shall be given by such adver- tisement that if default shall be made In such payment such lands and tene- ments will be sold at public auction at a day and place therein to be specified, for the lowest term of years at which any per- son or persons shall offer to take the same in consideration of advancing the said tax, assessment or water rents, as the case may be, and the interest thereon, as aforesaid, to the time of sale, and the charges of the above mentioned notices and advertisement and all other costs and charges accrued thereon; and if, notwithstanding such notice, the owner or owners shall refuse or neglect to pay such tax, assessment or water rents, with the interest as aforesaid, and the charges attend- ing such notice and advertisement, then it shall and may be lawful for the said collector under the direction of the said controller, to cause such lands and tenements to be sold at public auction for a term of years, for the purpose and in the manner expressed in the said ad- vertisement, and such sale shall be made on the day and at the place for that purpose men- tioned in the said advertisement, and shall be continued from time to time, if necessary, until all the lands and tenements so advertised shall be sold; and the said collector shall give to the purchaser or purchasers of any such lands and tenements a certificate of sale, in writing, describing the lands and tenements so purchased, the term of years for which the same shall have been sold, the sum paid there- for, and the time when the purchaser will be entitled to a lease of the said lands and tene- ments. But no houses or lots, or improved or unimproved lands, in the city of New York, shall be hereafter sold or leased at public auction for the non-payment of any tax, as- sessment or water rents w'hich may be due thereon unless notice of such sale shall have been published once in each week successively for three months in the City Record and the corporation newspapers, which advertisement shall con- tain, appended to said notice, a particular and detailed statement of the property to be sold for taxes, assessments or water rents; or the said detailed statement and description, in- stead of being pubiished in the City Record and the corporation newspapers, shall, at the option of the said controller, be printed in a pamphlet, in which case copies of the pam- phlet shall be deposited in the office of the said collector, and shall be delivered to any person applying therefor. And the notice provided for in this section to be given of the sale of houses and lots and improved and unimproved lands shall also state that the detailed state- ment of the taxes, assessments, or water rents, and the ownership of the property taxes as- sessed, and on which the water rents are un- paid, is published in the City Record and the corporation newspapers, or in a pamphlet, as the case may be, and that copies of the pam- phlet are deposited in the office of the said col- lector, and will be delivered to any person ap- plying for the same. No other notice or de- mand of the tax, assessment, or water rent shall be required to authorize the sale of any lands and tenements as hereinbefore pro- vided. Contiguous lots to be advertised as one parcel. Sec. 1,028. In advertising houses and lots and improved or unimproved lands to be sold for the non-payment of taxes and assessments, or water rents, it shall be the duty of the col- lector of assessments and arrears to advertise all the houses and lots or other lands lying 6ontiguous to each other and belonging to the same owner in one parcel, unless otherwise requested by such owner, but he may sell separately the said houses and lots as the same may have been assessed. Postponement of sales. Sec. 1,029. It shall be lawful for the con- troller to suspend or postpone any sale or sales of lands and tenements or any portion thereof which shall have been advertised for sale, to any time not exceeding fifteen months from the day specified in any such advertise- ment. All sales which shall be so postponed or suspended shall be made without further advertisement, other than a general notice of such postponement to be published in the City Record and the corporation newspapers. Sales for luxes aiul assessments to be eondueted by the collector of assess- ments and arrears; i>rovision for re- payment of purchase money when the sale is vacated. Sec. 1,030. The collector of assessments and arrears or his assistant shall conduct the sales hereinbefore provided to be made, and no auctioneer other than said collector or his assistant shall be •employed to make such sale, and no auctioneer’s fees shall be charged there- on. Certificates of sale shall be made and de- livered to the purchaser without charge. In ease any sale shall be vacated or canceled, the purchaser, his legal representative or as- sign, shall be repaid the amount paid by him at such sale, with interest thereon from the time of such payment. Cori>oration may bid in i>roperty. Sec. 1,031. It shall be lawful for the collec- tor of assessments and arrears, at any sale of lands and tenements in the oity of New York, for taxes, assessments, or water rents, to bid in, for the city of New York, every lot and premises so put up for sale for which no person shall offer to bid, and certificates of such sales shall be made by the said collec- tor to the city of New York, in the form and manner prescribed for individuals. All such purchases shall be subject to the same rights of redemption as purchases by individuals; and if the lands and tenements sold shall not be redeemed, or shall not have been assigned, the controller of the city shall execute a lease therefor to the city of New York, with the same effect as in cases of leases to individuals in this title provided. I«l.; bow assigned. Sec. 1,032. It shall be the duty of said col- lector, in all cases of purchases of lands and tenements by the city of New York for taxes, assessments, or water rents, to assign any and all such purchases to any person who 'Shiall at any time within one year from the time when' such purchases were made, offer to take the same, upon his or her paying to the said collector of assessments and ar- rears, for the use of the city, the purchase money, with 7 per centum in- terest thereon. The person so receiving the assignment shall be entitled, upon the re- demption of the property, to receive the amount so paid by him or her to the oity with interest from the time of such payment at the rate and in the same m^anner as if he or she had purchased the property at a sale for taxes, assessments or water rents. Certificates where consolidated mania cipality lias bid in property. Sec. 1,033. In cases where lands within the boundaries of any of the municipal corpora- tions or parts of municipal corporations by this act consolidated with the corporation known as the mayor, aldermen and common- alty of the city of New York, have been -sold for taxes and assessments and the title up- on such sales has passed to either of said municipal corporations or parts of municipal corporations, such title is hereby transferred to and vested in the corporation of the city of New York as constituted by. this act; and said corporation shall have all the rights, privileges and property of its predecessor in said title and the same powers and privileges in respect to the enforcement of the same or the sale or lease thereof, and the controller of the city shall control the same in all r»- 104 THE CHARTER OF THE CITY OP NEW YORK. spects, as by statute in such cases aiready made and provided. Ke«tomi»tiou <>i lands purchased by o o i*i»o m t i o II . I See. 1,034. In all cases of lands and tene- [ meiKS purchased by the city of New York for | taxes, assessments or water rents, in which ! the same shall not have been assigned, any person claiming title to such lands and ten- ements, or any other person, may redeem the 1 same in like manner and to the same effect | as in cases of individual purchases, by paying in the manner provided by law, for the use of the said city, the purchase money with seven per centum interest thereon, together with any and all expenses which shall have accrued since the sale; and in ail cases where lands and tenements shall he conveyed to the said city pursuant to the provisions of this ti- tle, it shall be the duty of said collector in the name of the said city, to cause notices to be served in the manner in this title pro- vided. Corporntion to tak:e po.ssession of uii- cl:iinie«l laiid.s. Sec. 1,035. It shall be lawful for the city of New York, and it is hereby authorized and empowered, to take peaceable possession of, or sue for and recover, and to hold, occupy, and enjoy all lots or pieces or parcels of land .situate, lying and being in the city which have or which may he sold for a term of time for the payment of any taxes or assessments in the said city, after the e.xpiration of the term from which the same may have been or shall be so sold, provided the rightful owner of the same shall not then claim possession of the same, and to have, hold, and occupy the same until the rightful owner shall claim posses- sion of the same, and shall pay all sums which may bo due thereon for taxes, assessments and also the value of the improvements which may be made, or erected upon the same by the city of New York, over and above all the rents, is- sues and profits which may be received by the city of New. York for or on account of the rents, issues and profits of any such premises; provided always that the city of New York .shall not be entitled to demand any sum of money for any sucH Improvements, unless it shall have caused to be published in the City Record and the corporation newspapers for at least three mouths previous to the making of such improvements, a notifica- tion to the owners of the said lots, to appear and take possession of their said premises; and, further, that in no case shall the owners of the said premi.ses be compelled to pay for any such improvements a sum exceeding two- thirds of the value of their said lots of land. The city shall account for and pay over to the rightful owner of any such lots of laud all the rents, issues and profits which the city of New York may receive on account of such premises over and above the amount of all taxes and assessments due for or on account of the said premises, and over and above the value of all such improvements thereon as shall be made after the notification mentioned in this sec- tion, and as shall not exceed two-thirds of the x'alue of said lots of land. Mort8ae;ce.s to be notified of sale be- fore tlie time to redeem expii'es. Sec. 1,036. In cases of sales of real estate for the non-payment of taxes or assessments, it shall be the duty of the collector of assess- ments and arrears, sixty days before the time limited by law for the redemption of any real estate from the effects of such sales, to cause notice to be given to all mortgagees of the real estate so sold, their assignees or per- | sonal representatives, and to all owners, les- ' sees, or persons otherwise interested, or their legal representatives, who shall at any time, at least one month before the time for the giv- ing of such notice, have filed in the office of the register or county clerk of the county in which said real estate is situated a memo- randum of such ' mortgage and of such real estate, containing a brief abstract, designating the property, with the street num- ber, if there be any, or such definite description or diagram as will enable the said collector of assessments and arrears to designate the said premises upon the city maps, and the name and residence of suen morigagee, assignee, or personal representative, and such owner, lessee, or person representea. How sncli notice sball be given. Sec. 1,037. Such notice shall be given by putting into the post office in the city of New York, directed to such mortgagees, assignees, or personal representatives, at their places of residence, if known to the collector of as- sessments and arrears, and such owners, lessees, or persons otherwise interested, a printed list describing all the property sold for taxes and remaining unredeemed. Such description shall name the street or avenue on which the property may be situate, the side of the street or avenue, and between what streets or avenues, with the map or street numbers of the property, and in whose name assessed, together with the term of years and amount for which the same shall have been sold, and the day or days on which the time limited for the redemption of the property will expire, with a notice that unless the property shall be redeemed on or by such days, by the payment of the sums for which the same were 1 sold, with all interest and expenses allowed by law, that leases will be given to the pur- chasers, in accordance with the statute in such case made and provided. Affidavit of service. Sec. 1.038. An affidavit of the service of such notice as is required in the two preceding sections, before any officer authorized to take affidavits to be read in a court of record, and filed in the office of the said register or county clerk, or a certified copy thereof under the signature of such register or coun- ty clerk, shall be evidence of the fact of such notice. Register or comity clerk to record memoranda. Sec. 1,039. It shall be the duty of the said register or county clerk to keep in his office a book, alphabetically arranged, for the registering of all such memoranda as afore- said, which book shall be open to the inspec- tion of any person desiring to examine the same, without charge. The said register or county clerk shall be entitled to receive twen- ty-five cents for registering the memorandum of each mortgage, as above provided. Moi'fgagee’s i-iglif to redeem. Sec. 1,040. .Such mortgagees or their as- signees or personal representatives, and such owners, lessees, or persons otherwise inter- ested, or their legal representatives, shall be I entitled to redeem the property sold from the effect of such sale, at any time within two years from the date of such sale, and such mortgagees, assignees or personal repre- sentatives shall have a lien on the property for the amount paid, with the interest which may thereafter accrue thereon, at the rate of seven per centum per annum, in like man- ner as if the same had been included in such mortgage. Notice of expiration of time to redeem to be pnbli.sbe«l; lease to be exeeated to purchaser on default to redeem. Sec. 1,041. The collector of assessments and arrears under direction of the controller of the city to fe; published at least twice in each week, for six weeks successively, in the City Record and the corporation newspapers in such form as he shall deem best calculated to give notice of such sale, that unless the lands and tenements sO'ld be redeemed by a certain day, they will be conveyed to the purchaser. If the person or persons claiming title to the said lands and tenements, or some other persons, shall not, within two years from the date of the before mentioned certificate, pay to the said collector, for the use of the purchaser or purchasers, his, her or their heirs, executors, administrators or assigns, the sum mentioned in such certifi- cate, together with the interest thereon, ait the rate of fourteen per centum per annum, from the date of such certificate, the said controller, in the name of the city of New York, at the expiration of the said two years, shall execute to the puixjbaser or purchasers, his, her or their heirs, executors, admiinistra- tors or assigns, a lease, under the common seal of the city, of the lands and tenements so sold for such term of years as the same shall have been sold and the execution thereof shall be witnessed by the said collector'. At the time of receiving the lease the purchaser shall pay the sum of two dollars and fifty cents to the said collector for the expense of drawing said lease, and also the expense of advertising the notice to redeem; and all such leases executed by the said controller and witnessed by the said collector shall be presumptive evidence that the sale and all proceedings prior thereto, from and includ- ing the assessments on said lands and tene- ments, for taxes or assessments or water rents, and all notices required by law to be given previous to the expiration of the two years allowed to redeem, were regular and ac- cording to the provisions of the statute in such cases made and provided; and such pur- chaser or purchasers, his, her or their heirs, executors, administrators or assigns, shall in virtue thereof and of this title, lawfully hold and enjoy the said lands and tenements in said lease mentioned for his, her or their own proper use against the owner or owners thereof, and all claiming under him, her or them, until such purchaser’s term therein shall be fully complete and ended; and the said purchaser or purchasers, his, her or their heirs, executors, administrators or assigns, shall be at liberty to remove all the build- ings or materials which he, she or they shall erect or place thereon during the said term, within one month after the expiration of the said term, but leaving the lands and tene- ments, with the streets fronting the same, in the order required by the regulations of the municipal assembly; provided that such lease shall not be executed and delivered until the expiration of six months after the publication of the notice last herein above mentioned. Redeeming a portion of lands sold. Sec. 1,042. In all cases where pieces or par- cels of land sball have been sold for taxes, assessments or water rents, and any person shall claim to redeem any portion of the same within the time limited for redemption, he shall he permitted to do so on paying the ap- portionment of the tax, assessment or water rents for which the property was sold, to- gether with the interest on the same, and an equitable proportion of the expense, the ap- portionment to be made by the controller. Sale of lands actually occnijied; notice to fie served. Sec. 1,043. Whenever any lands or tene- ments sold for taxes, as.sessments, or water rents, and conveyed, as in this title provided, ghaii at the time of conveyance, be in the THE CHARTER GF THE CITY OP NEW YORK. 105 actual occupancy of any person, the grantee to whom the same shall have been conveyed, or the person claiming under him, shall serve a written notice on the person occupying such lands or tenements, and in all cases on the person owning the property so conveyed, whether the property be in occupancy or not, provided such owner resides in the city of New York, or in any adjoining county; in case the owner does not reside in the city of New York, or in an adjoining county, said notice shall be sent to his or her post office address by mail All such notices shall state in sub- stance the sale and conveyance, the person to wffiom made and the amount of consideration money mentioned in the conveyance, with the addifon of forty-two per centum on such amount as the said lands or tenements were struck off for at the time of the sale, and the further addition of the sum paid for the lease and advertisement; and stating, also, that unless such consideration money and the said forty-two per centum, together with the sum paid for the lease and advertisements, shall be paid to said collector of assess- ments and arrears, for the benefit of the grantees, within six months after the service of such notice, the said convey- ance will become absolute and the owner, occupant, and all others interested in the lands or tenements be barred from all right and title thereto during the term of years for which such lands or tenements shall have been conveyed. And no conveyance made in pursuan ;e of this title shall be recorded until the expiration of such notice, and the evidence of the service of such notice shall be recorded with such conveyance. Id.: mode of service. Sec. 1,044. Such notice shall be served per- sonally or by leaving the same at the dwell- ing house of the occupant and of the person owning the property conveyed, with any per- son of suitable age and discretion belong- ing to his or her family, and the name of the person on whom served shall be stated in the affidavit of service hereinafter men- tioned if the same can be ascertained, and if served by mail, shall state the time when the same w’as mailed. Id.: affidavit thereoi’. Sec. 1,045. In every such case the grantee, or the person claiming under him, in order to complete his title to the land conveyed, shall file with the said collector of assessments and arrears an affidavit of some person re- siding in the city of New York, who shall be certified as credible by the officer before whom such affidavit shall be taken, that suen notice was duly served, specifying the time of service, the mode and manner of service and a copy of such notice shall be attached there- to. Certificate of tlie controller; eftect thereof. Sec. 1,046. If the said controller shall be sat- isfied by such affidavit that the notice has been duly served, and if the moneys required to be paid for the redemption of such lands or tenements shall not have been paid as herein- before provided, he shall, under his hand and seal, certify to the fact, and the conveyance shall thereupon become absolute, and the owner and all others interested in the lands or tenements shall be barred of all right there- to during the term of years for which the same shall have been conveyed. Owner or ocenpant; when may redeem. Sec. 1,047. The owner, occupant, or any other person may, at any time within the six months named in such notice, redeem the said lands and tenements by paying such purchase money, with the addition of forty-two per cent, thereon, and the amount that shall have j been paid for the lease, and every such re- demption shall be as effectual as if made be- fore the conveyance of the lands or tenements sold. Rate of interest; how to be ealculated. Sec. 1,048. The rate of interest allowed by law to the purchaser at the time of redemption on the amount of the purchase money shall be reduced to fourteen per cent, per annum, but no interest shall be calculated on a less portion of time than one-quarter of a year, and in all cases where the property sh^ll be redeemed during any fractional part of a year, the interest shall be calculated so as to in- clude the quarter in which such redemption shall be made, the time to be computed from the day of sale. Certificate of redemption to he fur- nished. Sec. 1,049. Upon such redemption, as pro- vided for in the two preceding sections, the said collector of assessments and arrears shall give to the person redeeming, a certificate under his hand and seal, stating the payment, the year in which the sale was made, and showing what land such payment is intended to redeem, and such certificate shall be evi- dence of such redemption. Lo.st certificate; delivery of lea.se in ease of. Sec. 1,050. Whenever any certificate given by the collector of assessments and arrears, as in this title provided, of lands sold shall be lost, the said controller may receive evidence of such loss, and on satisfactory proof of the fact may execute and deliver a lease to such person or persons who shall appear entitled thereto of the lands and tenements described in the certificate, and may also, in his dis- cretion. require a bond of indemnity to the city of New York. Each certificate shall be registered in the record of sales to be kept in the bureau of said collector of assessments and arrears, and no transfer of such certi- ficate shall be valid until registered in said book. Bills of arrears of taxes and assess- ments to he furnished when requlreti Sec. 1,051. The collector of assessments and arrears, upon the requisiton of any person, shall furnish a bill of all arrears of taxes, and of taxes with the “water rents” added on any lot or lots due prior to the first of June, then last past, and of assessments which shall have been due twelve months or over, including the amount necessary to redeem it or them, if it or they have been sold for any arrears of assessments, taxes or water rents and be yet redeemable; and upon the pay- ment of the said bill (which shall be called a “bill of arrears of assessments, taxes and water rents and for redemption”) his receipt thereon, countersigned by the controller, shall be conclusive evidence of such payment. The controller shall cause to be kept a duplicate account of amounts so collected, and the cer- tificate of the collector of assessments and arrears, countersigned by the controller, that there are no such liens on said lot or lots, shall forever free the said lot or lots from all liens of taxes, or for taxes with water rates added, or for rents of water added to the taxes prior to the first of June then last passed, and for all assessments due thirteen months or over, prior to the date of the said receipt or certificate, and from all liens in consequence of sales for assessments, taxes, or water rents, or for all of them, when the time allowed by law for redemption had not expired at the date or time of said payment or certificate. Id.; fees for searches. Sec. 1,052. Fees for the searches to be paid ! into the city treasury shall be included in the bills mentioned in the preceding section, and also charges for certificates, which shall be given by said collector of assessments and arrears, respecting lots on which there may be no arrears when searches are required; the said fees to be regulated by ordinance of the municipal assembly. Complete record of sales to be kept. Sec. 1.053. There shall be kept in the office of the coliector of assessments and arrears a record of all sales made for taxes, assess- ments, and water rents, which record shall show the amount of the tax, the assessment, and the water rents, a description of the premises sold, the date of the sale, the name of the person to whom soid, the term of years for which such property was sold, time of the delivery of the lease, to whom delivered, and when the same shall expire. Allidavit.s of piil)licat ion of necessary notice.s to be preserved. Sec. 1,054. It shail be the duty of the col- lector of assessments and arrears to procure, preserve and register in his office, affidavits of the publication of all the notices by this title required to be published, and such affi- davits shall be presumptive proof of such pub- lication in all courts of this state. • CHAPTER XVIII. DEPARTMENT OF EDUCATION. Title 1. The Public Schools and Their Man- agement. Title 2. The College of the City of New York. Title 3. The Normal College. Title 4. General Provisions. TITLE 1. THE PUBLIC SCHOOLS AND THEIR MANAGEMENT. Board of edneation and .school boards; property under tbeir care and con- trol; in wbat name suits brongbt. Sec. 1,055. The title to all property, real and personal, now or that may hereafter be ac- quired for school or educational purposes, ex- cept the state normal school at Jamaica, and also the title to all property, real and personal purchased for school or educational purposes with any school moneys, whether derived from the issue of bonds or raised by taxation in The City of New York, shall be vested in The City of New York, as constituted by this act, but shall be under the care and control of the board of education and of the school boards of the various boroughs, a's provided in this act, for the purpo.es of public education, re- creation and other public uses. Suits in re- lation to such property shail be brought la 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 bequeathed or transmitted to it for the purposes of education in said city; but such property shall be under the care and control of the board of education and of the school boards of the various boroughs as prvlded by this act, for the purposes of public education, recreation and other public uses in said city. [Thus amended by Chapter 652, Laws of 1898.] School ap;e of children. Sec. 1,056. The schools of the said city under the management and control of the board of education and of the several school boards established by this act shall be free to all persons over five and under twenty- one years of age residing in said city, but under such regulations not in conflict with the general school law of the state, as the 106 THE CHARTER OF THE CITY OP NEW YORIT. board of oducation or the respective school boards sliall prescribe; and where kinder- garten schools are established under tho provisions of this act, they shall, in like manner, be free to children not less than four years of age residing in said city. Boainl of edncatiou; succeeds to trusts of Scliool soeietj-. Sec. 1,057. All the trusts held by or vested in tho Public School society of the city of New York, as heretofore organized and existing in compliance with the provi- sions of an act entitled “An act rela- tive to common schools in the city of New York,” passed the fourth day of June, one thousand eight hundred and fifty-three, which have not been conveyed by the said society, and all the rights, powers and duties of the said society, which yet remain therein, shall continue and be vested in the board of education of the city of New York, which board is and shall be held to be the lawful successors of said society in the execution of every trust. Board of education and school boards; succeed to duties and porverfi of former Iioartis, etc. Sec. 1,058. Subject to the provision.s of this act. and so far %s is consistent therewith, the board of education of the city of New York, as created by the terms and provisions of this act, and the school boards of the various boroughs, as created by the terms and provisions of this act, shall respectively be subject to all the duties, possess ali tho rights and exercise all the powers now re- spectively held by the boards of education, commissioners of education and school trus- tees existing at the time of the passage of this act, in and for the city of New York, the City of Brooklyn, or Long Island City, or the school districts of the county of Rich- mond, and the school districts of that part of the county of Queens, by this act consoli- dated into the city of New York, and such duties shall be deemed under this section to be devolved upon the said board of edu- cation or the school boards in the same man- ner as similar duties are devolved upon the said board of education or the school boards of tho boroughs by this act. aioney to coniluet scliools to be riii.sed l»y ta.vutiou after 1S!)S. Sec. 1,059. The board of estimate and ap- poiruonment and the miunicipel assembly of the city of New York may, in the year eight- een hundred and ninsfcy-nine, and in each and every year -chereafter, raise and collec: by tax, on the esta'tes, real and personal, liable to taxation in said city, such sum of money as may be necessary -to prowido for the conduct of the schools as called for by the budget adopted by the said beard and the said assembly pur- suant to the provisions of this act; but noth- ing contained in this act shall be construed to lin?H or restrict the power of the board of esti- mate and apportionment and the municipal as- sembly, to fix in their discretion, and in such dejail as they may deem expedient, the amounts to be allowed to said board of educa- tion in the annual tax levy. Specinl and ptciieral seliool fiiiid.s; all jnoneys to be i-ecelved by board of education. Sec. 1,0G0. 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 an.d the general school fund, re- spectively. The special school fund shall con- sist of all moneys raised for the purchase of school sites, tor the erection and repairs of buildings, for the purchase and the leasing of educ-acicnal and school buildings; for the pur- chase of oii school supplies, for the mainte- nance of the nautical school, and tor the ad- ministrative purposes of the board of educa- tion. .'tnd it shall be the duty of the beard of esti- mate and apportionment and of the municipal assecnbiy to indicate in the budget in raising the special school fund the respective amounts thereof which shal! be available for use within the jurisdiction of each of the school boards. The general school fund shall be raised in bulk, and for the city at large, and shall con- tain and embrace all items for educational purposes not comprised in the special school fund. The said board of education shall have power to take and to receive, and shall take and receive all moneys appropriated or avail- able for educational purposes in the city of New Yorlr. School board, liow coastif iiletl ; vacan- cies; iiiciabcr.s to bold no other otlice except, etc. Sec. 1,061. There shall be the following school boards in the cify of New York; (1.) A school board for the boroughs of Manhattan and the Bronx, to be composed of twenty-one members. The board of educa- tion oif the city of New York, as constituted prior CO the passage of this act, shall be the school board in and for the said boroughs, and the members of said board of education shall serve out, as members of the school board, the terms for which they were re- spectively appointed as members of the board of education of the city of New York. Their powers, duties and functions as a board of education shall cease and determine, and their powers, duties and functions as a school board under this act shall commence on the first day of February, 1898. (2.) A school board for the borough cf Brooklyn, to be composed of forty-five mem- bers. The board of education of the city of Brooklyn shall be the school board in and for the borough of Brooklyn, and the members of said boai-d of education shall serve out, as members of the school board, the terms for which they were respectively appointed as members of the board of education of the city of Brooklyn. Their powers, duties and func- tions as a board of education shal] cease and determine, and their powers, duties and func- tions as a school board under this act shall commence on the first day of February, 1898. The mayor shall appoint successors to the members of the school board of the boroughs of Manhattan and the Bronx and of the school board of the borough of Brooklyn as their terms shall respectively expire. (3.) A school board for the borough of Queens and a school board for the borough of Richmond, each to be composed of nine mem- bers, to be appointed as follows; On the third Wednesday in January, 1898, the mayor shall appoint for each of the said boroughs, nine persons, to constitute the school board in the said boroughs, respectively; three of whom shall be appointed for one year, three for two years and three for three years, and their terms of office shall be designated in their letters of appointment. They shall take office, and their terms shall commence on the first day of February succeeding their ap- pointment. As their terms respectively ex- pire, the mayor shall appoint their successors for a full term of three years. The powers, duties and functions of the board of education of Long Island City, and of all other boards o^f educaUon within the territory by this act consolidated into the city of New York, and of the trustees of com- mon schools for the school districts included in the city of New York as constituted by this act, shall cease and determine, and their offices shall be abolished on the first day of February, 1898; and the jurisdiction and powers of school commissioners within the territory of the city of New York as consti- tuted by this act, shall cease at the same time. The term of office of all members of the : school boards, save a® in this section other- 1 wise provided, shal! be three years. The members of each school board shall be ap- pointed from the residents of the respective boroughs in which they are to serve. Va- cancies in said board, caused by death, resig- nation, removal from the borough, or other- wise, shall be filled by the mayor for the un- expired terra. Members of the school boards shall hold no office of emolument under the city, county, state, or national government, except the offices of notary public, or com- missioner of deeds, or offices in the National guard. Board of education: liow constituted; l»rcsi»iciit: vacancies: members to serve Tvitliont pay. Sec. 1,062. There shall be in the city of New York as constituted by this act, a board of education, which shall have the manage- ment and control of the public schools and of the public school system of the city, sub- ject only to the general statutes of the state relating to public schools and public school instruction, and to the provisions of this act. The board of education of the city of New York shall consist of nineteen mehibers, and shall be composed as ' follows; Of the chairman of each of the school hoards pro- • vided for by the last preceding section, by Virtue of his office, and of ten delegates elect- ed by the school beard of the 'boroughs of Manhattan and the Bronx, and of five dele- gates elected by the school board of the bor- ough of Brooklyn, to be chosen from the membership of said school boards, respec- tively. The members of the board of educa- tion so elected shall serve for one year and until their successors are chesen. On the third Monday of February, in the year 1898 and in every year thereafter, the said board of education shall organize by electing one of its members as president of the 'board, who shall preside at its meetings, and shall have the same power to vote there®'t as any other member, but who shall not have the power of veto. Any vacancy in the office of members of the hoard of education, caused by death, resignation, or otherwise, shall be filled for the un expired term in the same manner as the officer whose office is vacated was chosen or elected. Members of the board of education and of the several school boards shall serve without pay. Id.; to possess powers and privileges of a corporation. Sec. 1,063. For the purposes of this chapter, the heard of education of the city of New York shall possess the powers and privileges of a corporation. Id.; to l>e representative of school system; to require and revise esti« mates from school boards; to snhmit estimate for entire school system. Sec. 1,064. The board of education shall represent the schools and the school system of the city of New York before the board of estimate and apportionment, and before the municipal assembly in all matters of ap- propriations in the budget of the city for educational purposes, and In all other mat- ters, and shall, in general, be the representa- tive of the school system of the city in its entirety. The said board shall require from each school board estimates in detail of tho moneys needed for the administration of the department of education in its borough, and it shall be the duty of each school board, when- «vei required by the board of education, Jo THE CHARTER OP THE CITY OF NEW YORK. lOT transmit such estimates to the said board. The board of education shall, thereupon, re- state, rearrange, revise, and verify such es- timates so as to form an estimate for the entire school system of the city, which it shall submit, properly divided into items un- der the general school fund and the special school fund, to the board of estimate and apportionment for its action. Id.! administers special fnnd; appor- tions genei-al fund and files record witU controller. Sec. 1,065. The special school fund shall bo administered by the board of education. The general school fund shall be administered by the respective school boards and shall be ap- portioned by the board of education among the different school boards of the city as fol- lows: (1.) A distributive quota to each school board of $100 for every qualified teacher, or for successive qualified teachers who shall have actually taught in the schools under the charge of the board during a term of not less than thirty-tw'o weeks of five successive days each, inclusive of legal holidays. (2.) The remainder of such general school fund shall be apportioned among the said school boards by the said bo^ard of education in proportion to the aggregate number of days of attendance of the pupils resident in the boroughs under their charge, between the ages of five and eighteen years, at their re- spective schools, during the last preceding school year, and also of such pupils resident therein over four years of age. as shall, dur- ing the last preceding school year, have attended any kindergarten schools established under the direction of the school boards or any of them, pursuant to the provisions of this act. The aggregate number of days in attendance of the pupils is to be ascertained from the records thereof kept by the teachers, as hereinafter prescribed, by adding together the whole number of days of attendance of each and every such pupil in the schools under the charge of the respective school boards. The board of education shall file a record of theii apportionment of the general school fund and of ail appropriations from the special school fund, with the controller. Id.j May direct controller to witliUold certain appi'opriations. Sec. 1,066. The board of education shall have power to direct the controller to with- hold from any school board any part of the moneys apportioned to it upon the basis of the number of teachers employed in any school under its charge, whenever the city superintendent of schools shall report in writ- ing to said board of education that the provis- ions of the state school laws, or of this chap- ter, or of the bylaws of the board of educa- tion in any way relating to such school or to its teachers, are not being complied with; and when thereafter the city superintendent shall report in writing to the board of educa- tion that the provisions of the state school laws, or of this chapter, or of the bylaws of the board of education, are being satisfactor- ily complied with in said school, it shall be the duty of the board of education to direct the controller to place at the disposal of the school board concerned the school moneys so withheld. Id.; to one and control certain prem- iHefl; honMing the school board of the horongh of Manhattan and the othei* borongbH. Sec. 1,067. The board of education shall have power to use and to control the premises known as the hall of the board of education, at the corner of Grand and Elm streets in the borough of Manhattan, and any other buildings to be occupied for like purposes therein, and to make all the repairs, altera- tions and additions in and to the said building or buildings which the board of education may authorize and deem advisable. And it shall be its duty to make provision 'for housing rhe school board of the boroughs of Manhattan and the Bronx in such building or in any other building w'hich may be so occupied by the board of education. The board of educa- tion of the city of New York shall provide a meeting room, and such other headquarters, offices and rooms, -as they may deem advisable within the boroughs of the city of New York, for the administration of the powers and duties of the school boards of the other boroughs. Iff.! to di.spose of peivsonal property; disposition of proceeds. Sec. 1,068. 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 the school board of the borough concerned shall by resolution certify is no longer re- quired for use therein, and all moneys realized by the sale thereof shall be paid into the city treasury and shall at once be appropri- ated by the board of estimate and apportion- ment to the special school fund of the board of education for use in the borough in which the property sold was situated. Board of education; to appoint certain oflicers. clerks, etc., and fix tlieir salaries. Sec. 1,069. The said board of education shall have power to appoint a secretary of the beard, a superintendent of school buildings, who shall be an architect of experience and good standing, and whose term of office shall be for six years; a superintendent of school supplies, whose term of office shall be for six years; a city superintendent of schools for the term of six years and one or more auditors, as may be necessary in the judgment of the board, upon whose certifi- cate accounts against the said board, or charges upon either the special or general school fund may be paid when countersigned by the proper officers, as the bylaws of the said board of education, with the approval of the controller of the city, may direct. The said board may appoint a chief clerk and such other officers, clerks, or subordi- nates as it may deem necessary for its ad- ministrative duties, and as are provided for by the proper appropriation. The city super- intendent of schools, the secretary of the board, the superintendent of school buildings, the superintendent of school supplies, the au- ditor or auditors, and any other officers, clerks or subordinates of the board, may, any or either of them, be removed for cause at any time by a vote of three-fourths of all of the members of the board of education. The said beard shall fix and regulate within the proper appropriation the salaries or compen- sation of the secretary of said board; of the superintendent of school buildings; of the superintendent of supplies; of the auditor or auditors; of the city superintendent of schools; of members of the board of ex- aminers, and of any other officers, clerks or subordinates, and it may fill any vacancies in such offices or positions. Id.; power to enact bylaws, rales and regulatiqns. Sec. 1,070. The board of education shall have power, subject to the provisions of law and of this act, to enact bylaws, rules and regulations for the proper execution of all duties devolved upon the board, its members and committees; for the transaction of all business pertaining to the same; for defining the duties of the city superintendent of schools, the superintendent of school build- ings, the superintendent of school supplies, of its auditor or auditors, its clerks and sub- ordinates; for regulating the manner of mak- ing disbursements from any of the funds ap- portioned to any borough for school purposes, for the proper execution of all powers vested in it by law, and for the promotion of the welfare and best interests of the public schools and public school system of the city in the matters committed to its care. Ifi.; .secretary; antics; secretary and cbief clerk may aamlnlster oatlis. Sec. 1,071. The secretary of the board of education shall have charge of the rooms, books, papers and documents of the board, and shall, in addition to his duties as secre- tary of the board, perform such other duties as may be required by its members or com- mittees. The secretary and the chief clerk of said board are authorized to administer oaths and take affidavits in all matters ap- pertaining to the schools in the city of New York, and for that purpose shall possess all the powers of a commissioner of deeds, but shall not be entitled to any of the fees or emoluments thereof. Id.; provide fox' Imreau.s, etc., in bor- ons^'Iis. Sec. 1,072. The board of education shall make provision for the organization in the various boroughs of such bureaus as they may deem necessary in the departments of the superintendents of school buildings and of school supplies, and shall make such provis- ion by its bylaws as will enable each school board to secure prompt and efficient service for the planning and erection of new build- ings for school purposes, and for the altera- tion and repair of existing buildings -and for the regulation of the purchase and distribu- tion of school books and supplies, and for the preservation of all school records. Superisitcndciit of school building’s; oatb and secui-ity by; subject to reg- ulations of boai'd; vacancy in office. Sec. 1,073. The superintendent of school buildings shall take and subscribe before th 9 secretary or the chief clerk of the board of education, the oath prescribed by the consti- tution of this state, and give such security for the faithful performance of the duties of his office as the board of education may di- rect; and the department under his charge shall be subject to such rules and regulations as the board may establish, one of which shall prohibit the performance by him of any work on any other account, similar to that performed under the regulations so established, except for the college of the city of New York and the normal college of the city of New York, and like institutions in the department of ed- ucation. Any vacancy in the said office of superintendent of schooi buildings shall bo filled by appointment for the unexpired term. Id.; deputy in eacb borougb; plans for school buildings. Sec. 1,074. The superintendent of school buildings may appoint a deputy superintend- ent for each of the boroughs, who shall be an architect or engineer of good standing, and, with the authority of the board of education, he may empower a deputy superintendent in his place and stead to execute all the duties of superintendent and such other duties as the board of education may, by regulatio-n, pre- scribe. All plans for new school buildings, tor additions to school buildings and for structural changes in old buildings, shall be passed upon and must be approved by the su- perintendent of school buildings, who shall then submit such plans to the school board of the borough wherein such buildings are to be 108 THE CHARTER OF THE CITY OF NEW YORK. orec;tocl or such additions or changes are to be made, who shail thereupon transmit such plans with such suggestions, in writing, as they may see fit to make, to the board of education, whose action thereon shall be final. I<1.; ni>i>ointmeiit aii«l removal of jan- itor.s. Sec. l.Olo. Janitors shall be appointed by the school board on the nomination of the superintendent of school buildings. All such nominations shall be from a preferred list of duly qualified persons certified to and on file in the office of superintendent of school build- ings. Janitors nay be removed by the school board on complaint of the principal of the school, the superintendent of school build- ings, or a member of the school board. Hoard of education; imrelin.se of, and res'nlatloiiw resardiiift' suiiiilies. Sec. 1,0"6. Tlie board of education shall provide for the purchase' of all books, ap- paratus, stationery and other things necessary and expedient to enable the schools of the city to be properly and successfully conducted. It shall cause to be furnished all necessary supplies, and shall make regulations for the furnishing thereof to the schools in the sev- eral borougns, and for the accounting for the same by the several school boards. The board of education shall have power to enact bylaws and resolutions for the government of the superintendent of supplies, which by- laws and resolutions shall provide that all supplies, as far as possible, shall be obtained by contract, for w’bich proposals shall be ad- vertised for a period of at least two weeks. Id.; advertisiug- for contracts; security for performance. Sec. 1,077. The board of education shall have power by its bylaws to prescribe the pe- riod of all advertising for contracts to be entered into by or in behalf of the said board, the rules which are to determine the acceptanceorrejectionof allbidsgiven for any w’ork, labor or materials advertised for, and the security to be required to insure the per- formance of such contract. Superintendent of snijplies; oath and security by: subject to res’nlatioii.s of board; vacancy; deputy superintend - ent.s and snboi’diiiates; dei>ots of sup- plies. Sec. 1,07S. The superintendent of school sup- plies shall take and subscribe before the sec- retary or the clerk of the board of education the oath prescribed by the constitution of this state, and shall give such security for the faithful performance of the duties of his office as the board of education may direct; and the department under his charge shall be subject to such rules and regulations as tne board may establish. Any vacancy in the said office of superintendent of school supplies shall be filled by appointment for the unex- pired term. Tne superintendent of school supplies may appoint such deputy superinten- dents and such other subordinates as the bylaws of the board of education may autho- rize, and he may, with the authority of said board, empower a deputy superintendent in his place and stead to execute all the duties of the superintendent, and such other duties as the board of education may by regulation prescribe. Ho shall establish such depots of supplies in any of the boroughs as may be authorized by the board of education. City sxipei-intcmlesit of scUool.s; ris'bts and duties. Sec. 1,079. The city superintendent of schools shall have the right of visitation and inquiry in all of the schools of the city of New York as constituted under this act, and be shall report to the board of education on the educational system ot the city, and upon the condition of any and all of the schools thereof, but he shall have no right of inter- ference with the actual conduct of any school In the city of New York. He shall have a seat in the board of education and the right to speak on all matters before the board, but not to voce. Id.; fui'tlier dutie.s; annual report; elerlis of main odicc. Sec. 1,080. The city superintendent of schools, so often as he can consistently with his other duties, shall visii the schools of the city as he shall see fit, and inquire into their courses of instruction, management and disci- pline, and shall advise and encourage the pu- pils and teachers and officers thereof; sub- ject to the bylaws of the board of education, he shall prescribe suitable registers, blanks, forms and regulations for the making of all reports, and for conducting all necessary busi- ness connected with the school system not de- volved upon the borough superintendent by this act, and he shall cause the same, with such information and instructions as he shall deem conducive to the proper organization and government of the schools, and the due execution of their duties by school officers, to bo transmitte-d to the officers or persons intrusted v/ith the execution of the same. He shall submit to the board of education an annual report containing a statement of tho condition of the schools of the city, and all such matters relating to his office and such plans and suggestions for the improvement of the scliools in the school system, and for the advancement of public instruction in the city of New York as he shall deem expedient, and as the bylaws of the board of education may direct. He may appoint such clerks as he may deem necessary and as are authorized by the board of education, but the compen- sation of such clerks shall not exceed in the aggregate the amount appropriated therefor. He shall assign his clerks to their various au- ties, and may suspend or discharge them for cause, but in such case the clerks shall have a right of appeal to the board of education. He shall report as often as the board of edu- cation shall direct upon any matter, or mat- ters, entrusted to his charge, in such detail as shall be required of him. He shall main- tain his main office in the borough of Man- hattan, and in such building as the board of education shall direct. He shall have power, at any time, to call together all of the bor- ough superintendents and associate superin- tendents for consultation. It shall further be his duty to report any case of gross miscon- duct, insubordination, neglect of duty, or gen- eral inefficiency on the part of any borough superintendent or associate superintendent first to the school board of the borough con- cerned, and. failing of remedy, then to the board of education. Board of examiners; teacliers’ licenses, etc. Sec. 1,081. A board of examiners is here- by constituted, w'hose duty it shall be to ex- amine all applicants requiring to be licensed in and for the city of New York, and to issue to those who pass the required tests of charac- ter, scholarship and general fitness, such li- censes as they are found entitled to receive. Such board of examiners shall consist of the city superintendent of schools, together with four persons appointed by the board of edu- cation upon the nomination of the city super- intendent. The terms of the first four ex- aminers so appointed shall be one. two, three and four years, respectively, and as their terms respectively expire, • their successors shall be appointed for a full term of four years, which shall thereafter be the full and regular term of office of said examiners. They shall be paid such compensation for services actually rendered as the board of education shall prescribe. To be eligible to appointment as an exam- iner, an applicant must possess some one of the following qualifications, to wit: (a) A de- gree or diploma of graduation from a college or university recognized by the regents of the university of the state of New York, to- gether with at least five years’ successful ex- perience in teaching since graduation, (b) A state certificate obtained as the result of an examination held since 1875, together with at least ten years’ successful experience in teach- ing. (c) The highest certificate for a principal or superintendent in force when this act takes effect in any city included in the city of New York as constituted by this act, together with at least ten years’ successful experience in teaching. No borough superintendent, associate super- intendent, principal or teacher in the city of New York shall be allowed to serve on the board of examiners. Each school board, on the recommendation of the borough board of superintendents, shall designate, subject to the requirements of the state school laws in force when this act takes effect cr that may thereafter be enacted, the kinds or grades of licenses to teach which may or shall be used in the borough or boroughs under its charge, together with the academic and professional qualifications required for each kind or grade of license, and shall certi- fy the same to . the city superintendent of schools. Each school board, on the recommendation of the borough superintendents, shall also designate, subject to the like limitations, and shall certify in like manner, the academical and professional qualifications required for service in the boroughs under Us charge of principals, branch principals, supervisors, heads of departments, assistants and all other members of the teaching staff. The board of education on the recommenda- tion of the city superintendent, shall desig- nate, subject to the requirements of the state school laws in force when this act takes effect or that may thereafter be enacted, the mini- mum requirements to prevail throughout the city for all officers to be appointed to any supervising or teaching position under any school board. The board of examiners shall hold such examinations as the city superintendent may prescribe, and shall prepare all necessary eligible lists. The city superintendent shall transmit to each school board the eligiblo lists that are available for use within its jurisdiction. All licenses shall be issued in the name of the city superintendent of schools and shall state on their face in what borough or bor- oughs they are valid. Graduates of colleges and universities recog- nized by the regents of the University of the state of New York, who have pursued for not less than one year pedagogical courses there- in; graduates of schools and colleges for the training of teachers, approved by the state su- perintendent of public instruction; and teach? ers holding a state certificate issued by the state superintendent of public instruction since the year 1875, or holding a college grad- uate’s certificate issued by the same author- ity, may be exempted, in whole or in part, from such examination at the discretion of the city superintendent. The names of those to whom licenses have been granted, includ- ing those exempted from examination and those duly licensed in the several boroughs prior to the date on which this act takes ef- fect, shall be entered by the city superintend- ent upon lists to be filed in his office, a sepa<* THE CHARTER OP THE CITY OF NEW YORK. lot) rate list being made for each grade or kind of license for which the board of education shall by its by-laws make provision ; and such lists shall always be open to the inspection of the members of the board of education, the members of the school boards, the borough superintendents, the associate superintend- ents, the inspectors, and the principals of schools. Except as superintendent or associ- ate superintendent, as supervisor or director of a special branch, as principal of or teacher in a training school or high school, no person shall be appointed to any educational position whose name does not appear upon the proper list. No person shall teach in any public school in the city who has not such license, ex- cept as herein otherwise provided, nor shall any unlicensed teacher have any claim for salary. Licenses to teach shall be issued by the city superintendent of schools for a peri- od of one year, which may be renewed without examination in case the work of the holder is satisfactory to the borough superintendent for two successive years. At the close of the third year of continuous, successful service, the city superintendent may make the license permanent. Authority to revoke any perma- nent license for cause shall be vested in the state superintendent of public instruction. Id.; school officers not to he interested In contracts; removal of. Sec. 1,082. The board of education shall have power to remove from oiEce any -school officer who shall have been directly or indireccly in- terested in the furnishing of any supplies or materials, or in the doing of any work or la- bor, or in the sale or leasing of any real estate or in any proposal, agreement or contract for any of these purposes, in any case in which the price or consideration is to be paid, in whole or in part, directly or indirectly, out of any school moneys, or who shall have received from any source whatever any commission or compensation in connection with any of the matters aforesaid; and any school officer who shall violate the preceding provisions of this section shall be deemed guilty of a misde- meanor, and upon conviction 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 to au'thors of school books used in any of the public schools because of any interest they may have as authors in such books. Id.; public scbool feaclicrs’ retiremeiil fund. Sec. 1,083. The board of education is hereby given the general care and management of the public school teachers’ retirement fund created by this act. The comptroller of the city of New York shall hold any money belonging to said fund, and by direction of said board of education shall have charge of and admin- ister said public school teachers’ retirement fund as it shall deem most beneficial to said fund, and is empowered to make all neces- sary contracts and take all necessary and proper action and proceedings in the prem- ises, and to make payments from said fund of annuities granted in pursuance of this act; and shall, from time to time, establish such rules and regulations for the administration of said fund as it may deem best; which rules and regulations shall carefully preserve all rights Inhering in the teachers of the city of New York as constituted prior to the pas- sage of this act. And the comptroller of the city of New York shall report in detail to the board of education of the city of New York, annually, in the month of January, the condi- tion of said fund, and the items of the re- ceipts and disbursements on account of the same. The public school teachers’ retirement fund herein provided for shall consist of the foiiowing, with the interest and income there- of: (1) All money, pay, compensation or sal- ary, or any part thereof, forfeited, deducted or withheld from any teacher or teachers for and on account of absence from duty for any cause. The secretary of the board of educa- tion shail certify monthly to the comptroller the amounts so deducted from the salaries of teachers during the preceding month. (2) All moneys received from donations, legacies, gifts, bequests or otherwise, for and on ac- count of said fund. (3) Five per centum an- nually of all excise moneys or license fees be- longing to the city of New York, as consti- tuted by this act, and derived or received by any commissioner of excise or public officer, from the granting of licenses or permission to sell strong or spirituous liquors, ale, wine or beer in the city of New York, under the pro- visions of any law of this state authorizing the granting of any such licenses or permis- sion. The comptroller of the city of New York shall hold such moneys, together with any other moneys belonging to said fund, and by direction of the said board of education shall i have .charge of and administer the same as hereinbefore in this section provided. (4) .Ml such other methods of increment as may be duly and ie.gally devised for the in- crease of said fund. On and after the passage of this act the board of education shall, by amending its by- laws relating to the excuse of absence of teachers with pay, so provide that the aggre- gate of the several sums deducted or forfeited on account of absence from duty shall be fully adequate to meet the demands made upon the public school teachers’ retirement fund from the payment of annuities as herein provided Said board of education shall have power, by a two-thirds vote of all its members, and af- ter a recommendation to that effect shall have been made by the city superintendent of schools, stating that the teacher is mentally or physically incapacitated for the perform- ance of duty, to retire any female teacher of the public schools, including special teachers in the same, who shall have taught therein during a period aggregating thirty years, and to retire any male teacher of said schools w'ho shall have taught therein during a period aggregating thirty-five years. The board of education may, also, in its discretion, retire such teachers upon their own application, af- ter the like period of service. Any teacher so retired shall thereafter be entitled to receive as an annuity one-half the annual salary paid to said teacher at the date of said retirement, not to exceed, however, in any case, the sTim of one thousand dollars per annum. The said board is hereby given the power to use both the principal and the Income of said fund, and to manage, accumulate and otherwise control the same as said beard shall provide by its bylaws, and to pay the annuities hereinbefore mentioned, and it shall have pow-er, from time to time, to reduce the amount of annuities of all beneficiaries of said fund, provided only that such reduction shall be at the same rate per centum. None of the provisions of this section shall apply, however, to any teacher in any school in the Borough of Brooklyn, who is. entitled to any benefit under the fund mentioned in section eleven hundred and nineteen of this act until after his removal from said borough, except that the five per centum of the excise moneys herein provided to be paid into said teachers’ retirement fund shall be apportioned by the board of education among the several boroughs of the city of New York, as now constituted, in proportion to the number of teachers actually employed and the amount of salaries paid to them, in each of said boroughs. When a teacher is transferred to the Borough of Brooklyn, a sum equal to one per centum of the amount paid to such teacher during said teacher’s service in the city of New York as consti- tuted prior to the passage of this act, since the date on which the public school teachers’ retirement fund of Brooklyn was created, shall be paid into the said Brooklyn retire- ment fund and inure to the teacher's benefit in that fund under the rules governing the same. [Thus amended by Chapter t)l. Laws of 1898.]. f«l.; Jiuiiiial report to state snperin- leiideiit of public instruction. Sec. 1,084. The board of education shall, between the first day of August and the 30th day of September in each year, make and transmit to the state superintendent of pub- lic instruction a report in writing for the state school year ending on the next preced- ing 31sit day of July, which report shall be in such form and shall state such facts as the state superintendent and the school laws of the state shall require. Id.; annual report to mayor; other re- ITOrts to mayor. Sec. 1,085. The board of education shall, between the first day of August and the 30th day of November in each year, make and transmit to the mayor of the city of New York a report in writing, bearing date on the 31st day of July next pr*eceding, stating the whole number of schools within their juris- diction, specially designating the schools for colored children; the schools or societies from which reports shall have been made to the board of education, within the time limited for that purpose; the length of time such school shall have been kept open; the amount of public money apportioned or appropriated to said school or society, the number taught in each school, the whole amount of money drawn from the city chamberlain for the pur- poses of public education during the year ending at the date of their report, distin- guishing the amount received from the gen- eral fund of the state and from all other sources; the manner in w’hicn such moneys shall have been expended; and such other information as the mayor may from time to time require in relation to common school education in the city of New York. The board of education shall make such other re- ports to the m.ayor as he may call for, and at such times- as he shall require. Coiitiiimatioii of yearly contracts Tvitli teaclier.s in territory consolidated. Sec. 1,086. All yearly school contracts by and betw'een the local school authorities of any school district whose territo.rj' is so annexed and consolidated by this act and the teachers in such«district, as such yearly contracts ex- ist at the time when this act shall take effect, shall in all respects continue until the expira- tion of the yearly term named therein, and shall be so continued by the board of educa- tion of the city of New York, through the proper school board. Removal.s 1>y mayor for nes'lect or mis> conduct after liearins'. Sec. 1,087. Any member of the board of edu- cation of a borough school board, or any in- spector of common schools in the city of New York, may be removed by the mayor of said city, upon proof either of cfficiai mis- conduct in office or negligence of official duties, or of conduct in any manner con- nected with his official duties, or otherwise, which tends to discredit his office or the school system, or for mental or physical in- ability to perform his duties as member or 110 THE CHARTER OF THE CITY OF NEW YORK. Inspector, but before such removal of said member or inspector he shall receive due and timely notice in writing of the charges and a copy thereof, and shail be entitied to a hear- ing on like notice before the mayor and to the assistance of counsel on said hearing. ' all matters committed to it concerning the public schools and the public school system oif the city in said borough. Id.; powers to tlx salaries. Oatli of appointees to seliool ofiice. Sec. 1,088. Every person appointed to a school office in said city or in any borough thereof, shall before entering upon the duties of his office and wthin fifteen days of the time of being notified of his appointment to fill a vacancy, take and subscribe before the secretary or the clerk of the board of educa- tion the oath of office prescribed by the con- stitution of the state, and the school office as to which any person shall omit to take the oath within the time, and in the manner above prescribed, shall be vacant at and from the expiration of the fifteen days. Id.; organization; secretary and em- ployes; dnties and bond of secretary. Sec. 1,089. The school board in each of the boroughs shall organize on the second Wednesday of February next ensuing after the appointment of its members and choose a president from its own members, and elect Its delegates, if any, to the board of educa- tion, and shall, from time to time, as may be necessary, appoint and remove subject to the provisions of this chapter, a secretary, as- sistant secretary or chief clerk, and such clerks, subordinates, and employes as may be required for the administrative du- ties of the board, and as may be authorized by this chapter or by the board of education of the city of New York, and be provided for by the proper appropriation. The secre- tary shall discharge such financial duties as may be prescribed by the board of educa- tion and the controller of the city of New York, and he shall give a bond in such amount and in such form to the city of New York as the board of education of said city, w'ith the approval of the controller, may by ite bylaw or resolution require. I«l.; powers aiul duties. Sec. 1,090. Each school board, subject to the direction and control of the board of education and in accord with the bylaws of the board of education, shall have the sate keeping of all the premises and other proper- ty used for or belonging to the schools in the borough. A school board shall have pow- er to choose and to determine the sites for all school buildings, and for additions tberefo, witbin its jurisdiction, and it shall be its duty to transmit from time to time such de- terminations to the board of education, by resolutions which shall be certified and trans- mitted in accordance with the bylaws there- of. Each schpol board dhall have power to adept bylaws regulating the exercise of all powers and duties vested in if by law, which bylaws, however, shall net conflict with the bylaws of the board of education which that board may bo authorized by law' to adopt in the premises, nor wiih the provisions of this chapter. And the said school board shall have power to provide by such bylaws for the gov- ernment and managemenf of the schools in the borough, for defining the duties and reg- ulating the exercise of the powers of its mem- bers and committees and of all school offi- cers, the borough superintendent and asso- ciate superintendents, principals or teachers, clerks, assistants and employes and for the regulation of all disbursements from the gen- eral school fund in the borough, and for the promotion and welfare and best interest of Sec. 1,091. Each school board shall have power to adopt by-laws fixing the salaries of the borough and associate superintendents, of principals, and branch principals, and of all other members of the supervising and teach- ing staff, and such salaries shall be regulated by merit, by the grade of class taught, by the length of service, or by the experience in teaching of the incumbent in charge, or by such a combination of these considerations as the school board may deem proper. Said sal- aries need not be uniform throughout all the several boroughs, nor in any two of them, nor throughout any one borough. The salaries fixed and established and duly payable in the different schools of the territory hereby con- solidated as these salaries were on -the first day of January, eighteen hubdred and ninety- eight, shall be and remain the salaries in the schools of the several boroughs, hereby consti- tuted, until the same shall be changed or mod- ified as provided tor in this section. No reg- ular teacher in the public schools of any of the boroughs shall be paid a sum less than six hundred dollars per annum. No teacher shall, after ten years of service in the public schools of said boroughs, receive less than nine hundred dollars per annum; nor shall any teacher, after fifteen years of service in said schools receive less than twelve hundred dollars per annum; and no vice principal, head of department or first assistant in said schools shall he paid less than fourteen hundred dol- lars per annum; and no male teacher after twelve years of service in said schools shall receive less than tw'o thousand and one hun- dred and sixty dollars per annum; provided, however, that the service of such teacher, vice principal, head of department or first assistant shall have been approved after in- spection and investigation as fit and merit- orious by a majority of the borough board of school superintendents. For all purposes af- fecting the increase of salaries of the teach- ers in any school, the principal of such school shall have a seat in the borough board of sup- erintendents with a vote on all increases of salaries of teachers in said school, the salaries of the women principals In said schools shall be increased by the addition of two hundred and fifty dollars in each year until they shall receive the sum of two thousand and five hun- dred dollars per annum; and the salaries oj the male principals in said schools shall be in- creased by the addition of two hundred and fifty dollars in each year until they shall re- ceive the sum of three thousand and five hun- dred dollars per annum; and no male princi- pal, after ten years of service as principal in said schools, shall receive less than three thousand five hundred dollars per annum; and no woman principal of ten years service as principal in said schools shall receive less than twenty-five hundred dollars per annum, provided, how'ever, that the service of such principal shall have been approved after in- sp_ection and investigation as fit and meritor- ious by the borough hoard of superintendents; but these provisions shall not apply to princi- pals of schools of less than twelve classes. No salary now paid to any public school teacher in the city of New’ York shall be re- duced by the operation of this act. [Thus amended by Chapter 417, Laws of 1899.1 Note— The board of estimate and apportion- ment is hereby authorized and required to di- rect the issue of revenue bonds for the pur- pose of providing funds to carry into effect the provisions of this act. [See Section 2, Chap- ter 417, Laws of 1899.] I<1.; duties of secretary; chief cleric niid .secretary may admiui.ster oaths. Sec. 1,092. The secretary of a school board shall have charge of the rooms, books, papers and documents of the hoard, and shall, in ad- dition to his duties as secretary of the board, perform such other duties as may be required of him by its members or commit- tees. The secretary and the assistant secretary or chief clerk of a school board are hereby authorized to admin- ister oaths and take affidavits in all mat- ters pertaining to the schools of the city of New York in their borough, and for that pur- pose shall possess all the powers- of a com- missioner of deeds, hut shall not be enti- tled to any fees or emoluments thereof. Id.; powei's to establisli IciiiderKartens, etc. Sec. 1,093. A school board shall have pow- er to establish kindergartens, manual train- ing schools, trades schools and»truant schools. Id.; poTver to e.stal»Hsli evenins Rcliools, etc.; may establiwli, discon- tinue and con.solidate seliools in bor- oiis.'bs. Sec. 1,094. A school board shall have pow’er • to establish and to conduct evening schools and schools for colored pupils, and to regulat* such schools, and shall have power to estab- lish new schools, to discontinue any school, or to consolidate schools in its borough, and to maintain free lectures for workingmen and worklngwomen. Id.! power to estaidisli special classes for persons who cannot use the EnS'lish lansunse readily. Sec. 1,095. A school board shall have power to provide special classes, whose sessions shall be held at such times in the day or evening as said hoard may determine, for the purpose of giving insitruction in the English language to persons who cannot use that language readi- ly and whose avocations are such as to pre- vent their attending the grammar, primary, or evening schools. Id.; power to establi.sU high Schools, etc. Sec. 1,096. A school board shall have power to provide one or more high schools and train- ing schools or classes for teachers in the bor- ough or boroughs under its' charge, as it may, from time to time, determine, and as the ap- propriations may permit, and all training schools and all high schools heretofore estab- lished and maintained by the public school authorities and registered as high schools by the regents of the state of New York, shall he maintained in full efficiency. The said train- ing schools 01 ’ classes shall be under the con- trol of the board of education and of the city superintendent of schools to the extent that may be necessary to secure compliance with chapter one thousand and thirty-one of the laws of eighteen hundred and ninety-five. The said high schools shall be so organized as to furnish the benefit of further educa- tion to pupils of both sexes who shall have finished the grammar school course, and to other residents of school age equally prepared, and the said school board shall 'have power to make, from time to time, for the said high schools all needful rules and regulations, and to prescribe conditions on which pupils shall be received and instructed therein and dis- charged therefrom. Id.: power to create school inspection disti-icts. discretionary; mayor aj*- poiiits inspectors; terms, or^’aniza- tioiis, etc., Ol inspectors. Sec. 1,097. A school board in its discretion may divide the borough or boroughs under its charge into as many school ihspecUoh dis- THE CHARTER OF THE CITY OF NEW YORK. in tricts as it may deem necessary, which dis- tricts must be contiguous and, as near as may be, of equal population; and at once upon the making of such districts it shall file maps of the saune, duly authenticated by the chair- man of the school board, in the office of the mayor of the city of New' York. School inspection districts existing in any of tke boroughs at the time this act takes ef- fect, shall continue as such until changed un- der the provisions of this section; and all in- spectors of common schools who have been duly appointed to serve therein shall serve out the terms for which they were respective- ly apppoint and remove boi'- ongli superintendents and associate superintendents of schools; Qualiflea- tions. Sec. 1,102. A school board shall have power by a vote of a majority of its members in office, to appoint a borough superintendent of schools for six years. It shall have power to appoint for a like term not more than one associate borough superintendent of schools for the first seven hundred teachehs in the schools under its charge, and not more than one additional associate borough super- intendent for every additional three hundred and fifty teachers, or fractional number thereof greater than one-half; provided, however, that there .“hall oe, in any event, two associate borough superintende; ts in ths boroughs of Queens and Itichmond, .speotively. The board of education shall have power from time to time to modify the basis of the number of teachers upon v/hich the borough school boards may appoint associate superin- tendents; and if the said board of education shall at any time so change this basis, the respective school boards shall have power to appoint such number of associate superin- tendents as may be provided for by the terms of such new basis. The superintendent of schools appointed by a school hoard shall be known as the borough superintendent, and the associate superintendents eppointed by a school hoard shall be known as associate superintendents. Any borough superintendent or any associate superintendent may be removed for cause at any time by a three-fourths vote of all of the members appointed to the school board by which he was appointed. No person shall be eligible for election as oity superintendent, borough superintendent or associate superintendent who has not one of the following qualifications: (a) Gradua- tion from a college or university recognized by the University of the state of New York, together with at least five years of success- ful experience in teaching or in supervision since graduation; (b) Ten years’ successful experience as superintendent, supervising principal or teacher in a graded school. I«l.; nppointmeiit ami rewisnatioii of priiteipals ami teaeiiers. See. 1,103. Principals shall be appointed by the school boards in their respective boroughs on the nomination of the hoard of borough superintendents. Principals, branch principals, supervisors, heads of departments, teachers, assistants and all other members of the teaching staff, shall he appointed by the school boards on the like nomination. Teachers shall be promoted or transferred from one class to another by the school board, or in accordance with its bylaws, on the nomina- tion of the borough board of superintendents. For all purposes affecting the appointment, promotion or transfer of the teachers in any school, the principal of such school shall have a seat in the borough hoard of super- intendents, with a 'vote on all propositions affecting his school. The system or mode of nomination in this section provided for shall not be held to de- prive any school board that has been a board of education, of the right to appoint, to pro- mote and to transfer principals, teachers and other members of the teaching staff without such nomination, in any borough in which, at the time this act takes effect, said board of education enjoys such right of appointment without nomination by superintendents, until the same shall have been adopted by the school board of such borough. The nominations thus provided for must be made from the list of properly certificated prin- cipals and teachers and other persons eligible for service in the schools of the borough in the positions to be filled. The time within which said school hoard shall finally act upon said nominations, either by appointing such principal or teacher or other officer or by rejecting such nominations, is hereby fixed at forty days from the date of the first regu- 112 THE CHARTER OP THE CITY OF NEW YORK. lar meeting of the school board next after the filing of such recommendation in the office of the secretary of the board. The failure on the part of a school board to con- firm or to reject a nomination within the time prescribed herein shali be held as equivalent to the appointment of the princi- pal or teacher nominated. In case of a fail- ure or of repeated failures to appoint, other name# shail be submitted to the school board for its consideration within two weeks after each failure, until an appointment is made. Resignations of borough superintendents and of associate superintendents shail be made to the school board. Resignations of principals and teachers and of all other members of the teaching staff shall be made to the borough superintendent. Id.; clianprijig- grades of seliools and classes; fixing standard of unalifica- tion for principals and teachers. Sec. 1,104. A school board shall have power to change the grades of all schools and of all classes of any high school or other school under its charge upon the written recom- mendation of the borough board of superin- tendents, and upon the same recommendation to adopt and modify courses of study there- for. A school board shall also have power to fix a standard of qualification as a necessary requirement for the service of all principals and teachers in the high schools and schools of the borough, which requirement may be higher, but not lower than the minimum qualifications estabiished by the board of education of the city of New York. Id.: bylaws governing transfers of principals and teachers. Sec. 1,105. A school board shall have power to make bylaws governing all transfers of principals or of teachers from one school to another school in its borough, and reiative to the reception of any- teacher transferred from one borough to another borough. Id.: transfer of nneinployed principals or teachers. Sec. 1,10G. A school board shall have power upon the written recommendation of the borough superintendent to transfer principals or teachers who may be unemployed by rea- son of the closing or discontinuance of any school, to any other school in the borough Where a vacancy may exist. Id.; Board of sni>erintendeiits of the boroughs; how duties regulated. Sec. 1,107. A borough superintendent and the associate superintendents therein shall constitute the board of superintendents for the borough, to be known as the borough board of superintendents. A school board in and for its borough shall have power to pass bylaws regulating the duties of its borough superintendent, of its , associate superinten- dents and of the board of superintendents for the borough. The borough superintendent shall preside over the board of superinten- dents of the borough, and all communications from the board shall be made in his name unless in any special case he may otherwise elect. General duties of borougb superin- tendents and associate superintend- ents. Sec. 1,108. The borough superintendents and the associate superintendents shall visit every school in their respective boroughs, and shall Inquire into all matters relating to the gov- ernment, courses of study, methods of teach- ing, discipline and conduct of such schools, find the condition of the school houses and of the schools, generally, and shall examine classes when necessary. The borough super- intendents shall report the result of such in- spections and examinations to the school board and to the city superintendent, who shall transmit such parts of said reports as he may consider necessary or proper to the board of education of the city of New York, and they shall also report to the city superin- tendent at such times, concerning such mat- ters and in such form as said superintend- ent shall require. It shall further be the duty of the borough superintendent, and of each associate superintendent, through him, to re- port to the school board of the borough any case of gross misconduct, neglect of duty or general inefficiency on the part of any princi- pal or teacher or other member of the educa- tional staff within his jurisdiction. Bororagli board of saperintendenfs; list of principals, etc., to be kept by; where principals report. Sec. 1,109. The borough board of superin- tendents shall keep a list , of all principals and ether teachers in the service of the board of education in the said borough or boroughs, with the dates of their appointment, the grades and classes taught by them, the results of all inspections and examiinations, and of their standing as regards regularity and punc- tuality in attendance. Such lists shall be open to the inspection of teachers (as to their own records only), of members of the board of education, of the members of the school board and of principals. Principals shall re- pert to the borough superintendent at such times upon such matters and in such form as he may require. Id.; promotion of pnpils; transfer of teachers by city snpei-intendent of schools; preferment where sehools are eonsolidated or discontinned. Sec. 1,110. Each borough board of superin- tendents shall e«ablisti for the schools under their charge rules and regulations for the pro- motion of pupils from grade to grade, from school to -school, for graduation from all grades of schools,and for the transfer of pupils from one school to ancklier. With the consent of the teacher and the principal and the school beard concerned, the city superintendent of schools shail have power to transfer a teacher from a school in one borough to a school in ano'cher borough, provided that the teacher possesses the quali- fications to teach in the borough to which said teacher is to be transferred, as such qualifications are prescribed both by the board of education and by the school board of the borough concerned. All such transfers shall be reported forthwith to the school boards of the boroughs in which the schools affected are situated. In case of the consolida'cion of schools or of the discontinuance of any school, principals and teiachers of good standing, who tbereby may be deprived of employment, shall be pre- ferred in appointments to be made in any of the schools of the borough. Id.; recommendations of and reciuisi- tions for text books and scholastic supplies. Sec. 1,111. The borough board of superin- tendents may recommend to t&e school board text books, apparatus and other scholastic supplies required in the schoolte of the bor- ougti, which, when approved or modified by ttie school board, shall upon its requisition, or upon the requisition of the borough superin- tendent, made in conformity with its bylaws, be supplied by the board of education. Requi- 1 sitions may be made by principals under regu- 1 ia*tions to be appro ved by the sctool board, and the same must be approved by the boroiugb superintendent. Miscellaneous provisions as to powers and duties of boimugh snpei’intend- ent, borough board of superintend* ents and principals. Sec. 1,112. Subject to the bylaws of the school board, the borough superintendent, or other appropriate officer, shall assign to their duties such special teachers in drawing, music, physical culture, manual training, sewing, cooking, kindergarten work, or other special branches, as the school hoard of the borough may appoint; and such teachers shall be re- sponsible to the principal of each school to which they are assigned for the performance of their duties therein, and shall report to him and also to the borough superintendent as these officers may respectively require, unless otherwise ordered by the school hoard . Id.; qualifications for special brandies Sec. 1,113. A borough superintendent shall have a seat in the school board of his borough with the right to speak on all matters before the board, but not to vote. Subject to the approval of the borough board of superintend- ents and as the bylaws of such board may prescribe, the principal of each school shall direct the methods of teaching in all classes under his charge except that the school board may adopt bylaws to govern in the case of special classes. The board of borough super- intendents shall have the power from time to time to issue syllabuses of the topics in the various branches taught which shall be regarded as the minimum amount of work required in such branches. The borough superintendent of the boroughs of Queens and of Richmond respectively is hereby authorized, with the approval of the school board of the respective boroughs, to designate certain principals as supervising principals to aid the board of superintendents in their work of supervision. No person shall be eligible for election as supervisor of a special branch, as music, drawing, kindergarten, etc., who is not (a) a graduate of a high school or of an institu- tion of equal or higher scholastic rank; and (b) a graduate from a course of professional training of at least one year in the special branch that he is to supervise or teach; and (c) a teacher of that special branch with at least three years of successful experience. Charges against ijrineipal and teach- ers and others; proceedings thei'eon. Sec. 1,114. A member of a school board, a borough superintendent, or an a&ociate su- perintendent may prefer charges to the school board against a principal, a branch principal, a supervisor, a head of department, or any other officer exercising supervising powers in the schools under their charge, or against a teacher in any of the schools under their charge, for gross misconduct, insub- ordination, neglect of duty, or gen- eral inefficiency. Pending trial, the school board may suspend said principal or teacher or other officer, with or without pay, and ai>- point a substitute in his place. In accordance with bylaws to be passed by the school board, the principal of any school shall have the like power to suspend a teacher in his school, and shall forthwith report such suspension to the borough su- perintendent, who shall immediately report it to the school board. Pending action by the school board, the borough superintendent may appoint a substitute in the place of any tea'cher so suspended. The school hoard, on receiving notice of charges under the provisions of either of the foregoing paragraphs, shall immediately pro- I ceed to try and determine the case, either la f THE CHARTER OF THE CITY OF NEW YORK. 113 the board or by a committee of its body, and shall fix 131® fine, penalty, or punishment, if any, that should be imposed for the offense; and such fine, penalty or punishment shall consist of a fine, in suspension for a fixed time without pay, or in dismissal. The re- port of any committee hO’ldlng such trial shall be subject to final action by the board, which may reject, confirm, or modify the conclu- sions oy trustees to I>e fnrnlslietl. Sec. 1,133. The trustees of the College of the City of New York shall make and transmit, annually, on or before the first day of Feb- ruary in each year, to the municipal assembly, and also to the secretary of the board of re- gents of the University of the State of New York, a report, dated on the thirty-first day of December next preceding, which report shall state the cames 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 it in part, what portion; an account or estimate of the library, philosophical and chemical apparatus, and mathematical or other scientific instruments belonging to such college; the names of the instructors employed in said college and the compensation paid to each; what amount of moneys the board of education received dur- ing the year for the purposes of such college, and from what sources, specifying how much from each, and the particular manner and the specific purposes for which such moneys have been expended; and such other information in relation to education in the said college, and the measures of the board of trustees in the management thereof, as the municipal assembly, or the regents of the University of the State of New York may, from time to time, require. TITLE 3. THE NORMAL, COUUEGE. Tlie Normal College of tlie eity of New York, a corporation and collese. Sec. 1,139. The Normal College of the City of New York is hereby declared to be a separate and distinct organization and body corporate, and as such shall have the power and privileges of a college pursuant to the revised statutes of this state, and be subject to the provisions of the said statutes rela- tive to colleges, and to the visitation of the regents of the university, in like manner with the other colleges of the state. I«l.; frnstees, powers and duties of trustees. Sec. 1,140. The members of the board of education of the city of New York, together with the president of the Normal college, shall be ex-officio the trustees of said col- lege and shall have and possess the powers conferred upon and be subject to the duties required of the trustees of colleges by the revised statutes. The president of the col- lege shall he a member of the executive committee of the said trustees for its care, government and management. Id.; laws applicable to; participation in state literature and other fnmls. Sec. 1,141. All acts of the legislature now in force with regard to the said Normal col- lege, its control, management, support and affairs, not inconsistant with the provisions of this act, are hereby declared to be appli- cable to said college. The Normal College of the City of New York shall he entitled to participate in the distribution of the income of the literature and other funds of the state in the same manner and upon the same conditions as the other colleges of the state, and the regents of the University of the state of New York shall pay annually to the controller of the city of New York, a.s trustee for said college, the distributive -share of the said funds to which the said Normal college of the city of New York shall by law be entitled and which shall be applied and expended for library books for said college. Id.; trustees to report annually the amount required to pay salaries, etc.; sneli amount to be raised by t :vv- ation; municipal assembly may in- crease amount named herein. Sec. 1,142. It shall be the duty of the trus- tees of said college annually on or before the fifteenth day of October to report to the board of estimate and apportionment such sum not exceeding one hundred and fifty thousand dol- lars in any one year, as they may require for the payment of the salaries of the pro- fessors and officers of the said college, for ob- taining and furnishing scientific apparatus, books for the students and all other necessary supplies thetefor, for repairing and altering Che college buildings, and for the support, maintenance and general expenses of said col- lege; and the said board of estimate and ap- portionment, and the municipal assembly of the city of New York are hereby authorized and directed, in each and every year to raise and collect by tax on the estate, real and personal, liable to taxation in said city, such sum of money, not exceeding the amount aforesaid, as may be reported to them by said trustees,* the amount so to be raised and collected to be in addition to the sums re- quired for the purposes of common schools in the city of New York, under the act en- titled “An act to amend, consolidate and re- duce to one act the several acts of the state of New York, relative to common schools of the city of New York,” passed July third, eighteen hundred and fifty-one, and the several acts amendatory thereto. Upon the recom- mendation of the trustees, the board of esti- mate and apportionment and the municipal assembly may increase from time to time the amount annually to be raised in the tax levy for the maintenance of the normal college. Id.; instruction to be fnrnislied gratuitously; degrees nnd diplomas. Sec. 1,143. The said board of education as trustees of said college shall continue to fur- nish through the Normal College of the City of New York, the benefit of education gratu- itously to girls who have been pupils in the common schools of the city of New York as constituted hy this act 'for a period of time to be regulated by the hoard of trustees of said college, and to all other girls who are actual residents of said city, and who are qualified to pass the required examination for admission to said college; and the hoard of trustees upon the recommendation of the faculty of the said college, may grant the usual degrees and diplomas in the arts to such persons as shall have completed a full course of situdy in the said college. The said board of trustees shall give normal instruc- tion in manual training for the purpose of preparing teachers of manual training for the common schools. Id,; annual report of trustees. Sec. 1,144. The trustees of the Normal Col- lege of the city of New York shall make and transmit annually, on or before the first day of February in each year, to the municipal assembly and also to the secretary of the board of r, gents of the University of the State of New York, a report dated on the last secula” day of December, next preced- ing, which report shall state the names and ages of all the pupils instructed in said col- lege 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 de- grees, medals and other special 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 apparatus and mathematical or other scien- tific instruments belonging to said college; the names of the instructors employed in said college and the compensation paid to each; what amount of moneys the board of trustees received during the year for the purposes of said college and from what source, speci- fying how much from each, and the partic- ular manner and the specific purposes for which such moneys have been expended, and such other information in relation to educa- tion in the -said college, and the measures of the board of trustees in the management thereof, as the board’ of education or the regents of the University of the State of New York may from time to time require. I«l.; money appropriated for to be ex- pended when reqnlred by trustees; contracts by trustees. Sec. 1,145. The moneys apportioned to the board of education of said city of New York by the board of estimate and appor- tionment and municipal assembly for the payment of the salaries of the professors and officers of said college, for obtaining and furnishing scientific apparatus, hooks for the students and all other necessary supplies therefor, for repairing and altering the col- lege buildings, and for the support, main- tenance and general expenses of said college, shall be expended for said normal college when required by the trustees of the norpial 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 liahilities in- curred by said trustees involving the expen- diture of more than one thousand dollars, except agreements for the payment of sal- aries, shall be entered into and incurred in the same manner and subject to the restric- tions and limitations provided as to other THE CHARTER OF THE CITY OF NEW YORK. 115 expenditures of public moneys as provided for in ibis act. TITLE 4. GENERAL PROVISIONS. Religions sects and dogmatic feooks exclnded; Hible retained. Sec. 1,151. No school shall be entitled to or receive any portion of the school moneys in which the religious doctrines or tenets of any particular Christian or other religious sect shall be taught, inculcated or practiced, or in which any book or books, containing compositions favorable or prejudicial to the particular doctrines or tenets of any partic- ular Christian or other religious sect shall be used, or which shall teach the doctrines 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 author- ize the board of education or the school board of any borough to exclude the holy scriptures, without note or comment, or any selections therefrom, from any of the schools provided for by this chapter, but it shall not be competent for the said board of edu- cation to decide what 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 .con- strued as to violate the rights of conscience, as secured by the constitution of this state and of the United States. Certain private scliools antlsorizeil to participate in eonimoj> -sehooi i'liiul. Sec. 1,152. The .school established and main- tained by the Five Points House of Industry, in the city of New York, the school estab- lished and maintained by the Ladies’ Home Missionary society of the Methodist Episcopal church, at the institution in Park street, near the place usually called the Five Points, in the said city, and the industrial schools es- tablished and maintained under the charge of the Children’s Aid society, in the city of New York, shall participate through the school board of the boroughs of Manhattan and the Br.'.nx, in the distribution of the common school fund in the same manner and degree as the common -sohcols in the city of New York, and shall be subject to the same regula- tions and restrictions' as are now by law im- posed on the common schools of New York. I<1.; to report as to inoiiey.s ami atteml- ance. Sec. 1,153. The board of education shall require from the officers conducting schools by appointment of the board, and frcm the trustees, managers, or directors of the cor- porate schools entitled to participate 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 v.ard. And in making the apportion- ment among the several schools, no share shall be allotted by any school board to any school or society from which no sufficient annual report shall have been received, for the year ending on the last day of June immediately preceding the apportionment. Certain additional private Nolioola antliorir.ed to participate in scliool i'u iidH. with the alms bouse of said city, ihe school of the Association for the Benefit of Colored Orphans, the schools of the American Female Guardian Society, the school established and maintained by the New York J uvenile Asylum, by the New York Infant asylum, by the Nurs- ery and Child’s hospital, including the coun- try branch thereof; the orphan asylums and industrial schools as existing in the city of Brooklyn at the time of the passage of this act, and the several schools and branches thereof, the schools O'rganized under the act entitled “An act to extend to the city and county oif New York the provisions of the gen- eral act in relation to the common schools, passed April 11, eighteen hundred and forty- two,’’ or an act to amend the same, passed April 18, eighteen hundred and forty-three, or an act entitled “An act more effectually to provide for common school education in the city and county O'f New York, passed May 7, eighteen hundred and forty-four,” or any of the acts amending the same, and such schools as may be organized under the provisions of this chapter shall be subject to the genera) supervision of the board of education, and .Shall be entitled, through the proper school boards, to participate in the apportionment of the school moneys, as provided for in this chapter, but they shall be under the immedi- ate direction of their respective trustees, man- agers and directors, as herein provided. Id.; accidental oniiM.sion to report. Sec. 1,165. 'iV’heneveran apportionment of the public money shall not be made to any school, in consequence o-f any accidental omission to make any report required by law, or to com- ply with any other regulation or provision of law, the board of education may, in its dis- cretion, direct an apportionment to be made to such si;hool, according to the equitable I ciicumstances 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. Id.; trustees ot sucli scliools lusiy con- vey to eori»oi-ation and become mersed. Sec. 1,150. The trustees, managers, and di- rectors of any of the corporate schools en- titled to participate in the apportionment of the school moneys, may, at any time, convey their schcoi hodses and sites to the corpora- tion of the city of New York, and transfer any of their schools to the board of education, on the terms and in the manner to be agreed upon and prescribed by the hoard of education so as either to merge the said schools in the public schools or adopt them as public schools; and the same shall then be public schools, subject to all the rules, duties, and liabilities, and enjoy the same rights as if they had been o-riginally established as public schools. Nautical school to he estahlished. Sec. 1,157. The board of ^education is au- thorized and directed to provide and maintain a nautical school in said city, for the educa- tion and training of pupils in the science and practice of navigation; to furnish accommoda- tions for said school, and make all needful rules and regulations therefor, and fo,r the number and compensation ot instructors and others employed therein; to prescribe the gov- ernment and discipline thereof, and the terms and conditions upon which pupjJs shall be received and instructed therein, and discharg- ed therefrom, and provide in all things for the good management of said nautical school. ! And said board shall have power to purchase ! the bocks, apparatus, stationery, and other things necessary or expedient to enable said I school to be properly and successfully con- Sec. 1,154. The New York orphan asylum school, the Roman Catholic orphan asylum school, the schools of the two half orphan a.=ylums, the school of the Society for the Re- formation of Juvenile Delinquents, in the city of New York, the School for the Leake and i ducted, and may cause the said school or the ■Watt’s Orphans House, the schbol connected ' pupils, or part of the pupils, thereof to go on b. ard vessels in the harbor of Now Y. rk, and take cruises in or from said harbor for the purpose of obtaining a practical knowledge In navigation and of the duties of mariners. And the said board are hereby authorized to apply to the United States government for the requisite use of vessels and supplies for the purpose above mentioned. Nautical scliool : luaiiafvciiiciit of. Sec. 1,158. The said board of education shall appoint annually at least three of their r.'un- ber who shall, subject to the or.ntrol, super- vision and approbation of the board, consti- tute an executive committee, for the care, government and management of such nautical school, under rules and regulations so pre- .scribed, and whose duty it shall be, among other things, to recommend the rules and regulations which they deem uece.ssary and proper for such scrtool. Id.; cliaiiilier of comsjuerce to appoint committee to .serve a.s coniicil. Sec. 1,1.69. The chamber ot commerce of New York is authorized to provide for and ap- point 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 beard cf education in the establishment and management of such schO'Ol and from time to time to visit and examine the same, and to communicate in respect thereof, with the board of education, or such executive committee thereof, and to make re- ports to the chamber of commerce, which may transmit to the state superintendent of public instruction such reports, or auy thereof, or an abstract of the same, with such recommenda- tions as may be deemed advisable. Id.; expciESC.'!. Sec. 1.160. After the establishment and or- ganization of the said school, the expenses thereof, and of carrying out the provisions of this chapter, shall be defrayed from the mon- eys raised by law for the s’upport of common schcols in the city of New York. New TorliC iiistiiation for (!ie blind. Sec. 1,161. The board of education is hereby authorized and required to distribute to tha managers of the New York Institution for the Blind a ratable proportion of the said school fund to every blind pupil in said institution, without regard to age. CHAPTER XIX. DEPARTMENT OP HEALTH. Title 1. Powers and duties of the depart- ment, its officers and adminis- tration. 2. Marriages, births and deaths. 3. Duties ot physicians and others. 4. Legal proceedings and punish- ment for disobedience of orders and ordinances. , 6. Reimbursement of expenses. 6. Abatement by suit. 7. Tenement and lodging houses. 8. Pension fund. , TITLE 1. ORGANIZATION, ADMINISTRATION, AUTHORITY, DUTIES AND POW- ERS OF DEPARTMENT. Tlie board of bealtb the head of the department of health. Section 1,167. The head of the department of heal'tlh shall be called the board of health. Said board shall consist of the president of the beard of police, the health officer of the port, and three officers called commissioners oi health, who shall be appointed by the may- IIG THE CHARTER OF THE CITY OP NEW YORK. or. and shall hold their reepective offices as provided in chapter IV oif this act as desig- nated by the mayor. Authority, duty and powers of the hoard of health. Sec. 1,168. The authority, duty, and powers cif the department of health shall extend over the city of New York, and the waters adja- cent thereto, within the jurisdiction of eaid city, and over the waters of the bay within the quarantine limits as estabiished 'by law, but shall not be held to interfere with the powers and duties of the commissioners of quarantine or the health officer of the port. It shall be the duty cf the department of health to make an annual report to the mayor of the city of New York, of all the operations of the department for the previous year. The mayor may at any time call for a fuller report, or for a report upon any portion of the work of said department, whenever he may deem it to be for the public good so to do. Ail the authority, duty and powers here- tofore conferred or enjoined upon the health departments, beards of health, health and sanitary officers in any of the municipal and public corporations or parts thereof, in any of the territory now v/ithin or hereafter to become a part of the city of New York, as constituted by this act, and within the juris- diction of said city, by chapter seventy-four of the iaws 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 the laws constituting and appointing all such departments, boards of health, and sanitary officers and members of said boards, by the laws constituting and appointing all such departments, boards of health, and san- itary 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 ex- clusively 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 depart- ment of health, and the same are to be ex- ercised in the manner specified in said chap- ter seventy-four of the iaws of eighteen hun- dred and sixty-six, and the several acts amendatory thereof, and by any other subse- quent laws of the state relative to health and sanitary matters, and the prevention of pes- tilence and disease in said city of New York, or in any part thereof, and in conformity with the provisions of this act. Duty of board as to enforcement of laws; information. Sec. 1,169. It shall be the duty of said board of health to aid in the enforcement of, and so far as practicable, to enforce all laws cf this state, applicable in said district, to the preservation of human life, or to the care, promotion or protection of health; and said board may exercise the authority given by said laws to enable it to discharge the duty hereby imposed; and this section is intended to include all laws relative to cleanliness, and to the use or sale of poisonous, unwhole- some, deleterious, or adulterated drugs, medi- cines or food, and the necessary sanitary su- pervision 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 suoh nature and extent, relative to the safety of life and promotion of health as its bylaws or rules may provide, from all public dispensaries, hospitals, asylums, infirmaries. prisons and schools, and from the managers, principals and officers thereof; and from all other public institutions, their officers and managers, and from the proprietors, man- agers, lessees, and occupants of all theaters and other places of public resort or amuse- ment in said district; but such reports and in- formation shall only be required concerning matters, or particulars, in' respect of which, it may, in its opinion, need information, for the better discharge of its duties in said city of New York and every part thereof. It is hereby made the duty of the officers, institutions and persons so called on, or re- ferred to, to promptly give such information and make suoh reports verbally or in writ- ing a.s may be required by said board. The board of health shall use all reasonable means for ascertaining the existence and cause of disease or peril to life or health and for averting the same throughout said city and shall promptly cause all proper in- formation in possession of said board to be sent to the local health authorities of any city, village or town in this state which may request the same and shall add thereto such useful suggestions as the experience of said board may supply. It shall be the duty of said board, so far as it may be able, without serious expense, to gather and preserve such information and facts relating to death, disease and health from other parts of this state, but especially in said city, as may be useful in the dis- charge 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 board to give all information that may be reasonably re- quested concerning any threatened danger to the public health to the health .officer of the port of New York and to the commis- sioners 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 condi- tion of the city in respect of health. Hospitals. Sec. 1,170. Said board may remove or cause to be removed to a proper place, to be by it designated, any person sick w'ith any con- tagious, pestilential or infectious disease; shall have exclusive charge and conj;rol of the hospitals for the treatment of such cases, and shall have power to provide and pay for the use of proper places to which to remove such persons as well as to designate such places. The board of health is authorized and empowered to erect, establish, maintain and furnish, upon North Brothers island and in such other places within the city of New York as are now used for such purposes, buildings and hospitals for the care and treatment of persons sick with contagious diseases, and shall have the exclusive charge and control of the said buildings and hospitals. It shall have power to take possession of and occupy for temporary hospitals any 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 pri- vate property so taken a just compensation for the same. Said board may cause proper care and attendance to be given to persons sick or removed, when it shall be made to ap- pear to the said board that any such person is so poor as to be unable to procure for himself such care and attendance, or that the public health requires special medical care and attendance. The board of health may send to such place as it may direct, all aliens and other persons in the city, not resi- dents thereof, who shall be sick of any in- fectious, pestilential or contagious disease. The expense of the support of such aliens or other persons shall be. defrayed by the corporation of the city of New York, unless such aliens or other persons shall be entitled to support from the commissioners of emigra- tion. No person shall remove any person sick with infectious, contagious or pestilential disease from any vessel or other place in said city without a written permit from the board of health. Repaii’s of baildlng;. Sec. 1,171.- The powers of the board of health shall be construed to include the ordering and enforcing in the same manner as other or- ders are provided to be enforced, the repairs of buildings, houses and other structures; the regulation and control of all public mar- kets (so far as relates to the cleanliness, ven- tilation and drainage thereof, and to the prevention of the sale or offering for sale of improper articles therein) ; the removal of any obstruction, matter or thing in or upon the public streets, sidewalks or places which shall be in its opinion liable to lead to re- sults dangerous to life or health; the pre- vention of accidents by which life or health may be endangered, and generally the abat- ing of all nuisances. 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. Sanitary code. Sec. 1,172. The sanltaay code adopted and declared as such at the meeting of the board of health of the health department of the city of New York, held in the city as for- merly constituted and bounded on the second day of June, one thousand eight hundred and seventy-three, as amended in accordance with law, is hereby declared to be binding and in force in the city constituted by this act, and shall continue to be so binding and in force, except as the same may, from time to time, be revised, altered, amended or annulled by the board of health as herein provided. And it shall be the duty of said board, immediate- ly upon organization under this act, to cause to be conformed to this title the sanitary code of ordinances, adopted by the existing de- partment of health, and the departments and boards of health existing in the several ports of the city of New York before the passage of this act, which shall be called the sanitary code.” Said board of health is hereby au- thorized and empowered, from time to time, to add to or to alter, amend or annul any part of the said sanitary code, and may therein publish additional provisions for the security of life and health in the city of New York and distribute appropriate powers and duties to the members and employes of the department o-f health, not inconsistent with the constitu- tion or laws of this state. The board of health may embrace therein all matters and subjects to which, and so far ais, the power and authority of said department of health extends, not limiting their application to the subject of health only. But no such revis- ion, alteration or amendment shall take ef- fect or be binding or in force, imtll the same has been published once a week for two suc- cessive weeks in the City Record. The pub- THE CHARTER OP THE CITY OP NEW YORK. 117 llcation of additional provisions in, and of, additional ordinances of the sanitary code once a week for two successive weeks in the City Record shall be sufRcient, and render any further publication of the same in any other newspaper unnecessary. Any violation of said code or its amendments shall be treated and punished as a misdemeanor, and the offender shall also be liable to pay a penalty of fifty dollars, to be recovered in a civil action in the name of the department of health of the city of New York, before any justice or tribunal in said city, having juris- diction of civil actions: and all such justices and tribunals shall take jurisdiction of such action. Copies of the record of the proceedings of said board, of its rules, regulations, ordi- nances, bylaws and books and papers consti- tuting part of its archives, and the sanitary code, now or hereafter in force in said city, and the ordinances of the sanitary code added thereto and adopted by said board of health, when authenticated by its secretary, or secre- tary pro tern., shall be Resumptive evidence, and the authentication taken as presump- tively correct in any court of justice, or judi- cial proceeding, when they may be relevant to the point or matter in controversy, of the facts, statements, and recitals, therein con- tained. Judicial notice of seal and presnmp- tions. Sec. 1,173. The actions, proceedings, author- ity 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 meetings of said board shall in every suit and proceeding be taken to have been duly called and regularly held, and all orders and proceedings to have been duly authorized, unless the contrary be proved. All courts shall take judicial notice of the seal of said board and of the signature of its secretary and chief clerk. Seal. Sec. 1,174. The board of health may design and adopt a seal, and use the same in the authentication of its orders and proceedings, commissioning its officers and agents, and otherwise, as the rules of the board may pro- vide. Said board may enact such bylaws, rules and regulations as it may deem advis- able, in harmony with the provisions aifd pur- poses of this chapter, and not inconsistent with the constitution or laws of this state, for the regulation of the action of the said board, its officers and agents, in the dis- charge of its and their duties, and from time to time may alter, annul or amend the same. Publication of reports and statistics. Sec. 1,175. The board of health may estab- lish as it shall deem wise, and to promote the public good and public service, reasonable regulations as to the publicity of any of the papers, files, reports, records and proceedings of the department of health; and may pub- lish such information as may, in its opinion, be useful, concerning births, deaths, mar- riages, sickness, and the general sanitary conditions of said city, or any matter, place or thing therein. Said department shall pre- pare and keep the statistics of tenements and lodging-houses, and make semi-annual re- ports upon the same, and transmit such sta- tistics to the state board of health. ProceedinKM relative to dangerous buildings, vessels, places and things. Sec. 1,176. Whenever any building, erec- tion, excavation, premises, business pursuit. Blatter 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 life or health, said board may take and file among its records what it shall regard as sufficient proof to authorize its declaration that the same, to the extent it may specify, is a public nuisance, or dan- gerous to life or health; and said board may thereupon enter in its records the same as a nuisance, and order the same to be removed, abated, suspended, altered or otherwise im- proved or purified, as said order shall specify; and if any. party served with such order (or intended to be according to this chap- ter), shall, before its execution is commenced, or within three days after such service or attempted service, apply to said board, or the president thereof, to have said order or its execution stayed or modified, it shall then be the duty of said board to temporarily sus- pend or modify said order or the execution thereof, save in cases of imminent danger from impending pestilence, when said board may exercise extraordinary powers, as herein elsewhere specified, and to give such party or parties together, as the case’ in the opin- ion of the board may require, a reasonable and fair opportunity to be heard before said board, and to present facts and proofs, ac- cording to the rules or directions of said board, against said declaration and the execution of said order, or in favor of its mod- ification, according to the regulations of the board; and the board shall enter in its min- utes such facts and proofs as it may receive and its proceedings on such hearing, and any other proof it may take; and thereafter may rescind, modify or reaffirm its said declaration and order, and require execution of said origi- nal, or of a new or modified order to be made, in such form and effect as it may finally de- termine. Said board may order or cause any excavation, erection, vehicle, vessel, water- craft, room, build'ng, place, sewer, pipe, pas- sage, premises, ground, matter or thing, in said city or adjacent waters, regarded by said board as in a condition dangerous or detri- mental to life or health, to be purified, clean- ed, disinfected, altered or Improved; and may also order any substance, matter or thing, being or left in any street, alley, water, ex- cavation, building, erection, place or grounds (whether such place where the same may be public or private), and which said board may regard as dangerous or detrimental to life or health, to be speedily removed to some proper place; and may designate or provide a place to which the same shall be removed, when no such adequate or proper place, in the judgment of said board, is al- ready provided. If said order is not complied with, or as far complied with as said board of health may regard as reasonable, within five days after such service or attempted serv- ice, or within any shorter time which, in case of pestilence, the board of health may have desig- nated, or is not thereafter speedily and fully executed, then any such order may be exe- cuted as herein elsewhere provided in regard to any of the orders of said board. And if personal service of any aforesaid order can- not be made under this section by reason of absence from said district, or inability to find one or more of the owners, occupants, lessees, or tenants of the subject matter to which said order relates, or one or more of the persons whose duty it was to have done what is there- in required to be done, as the case may ren- der just and proper in the opinion of said board; to be shown by the official certificates of the officer having such order to serve, then service may be made through the mail, or by a copy left at the residence or place of busi- ness of the person sought to be served, with a person of suitable age and discretion, and the expenses attending the execution of any and all such orders respectively shall be a several and joint personal charge against each of the owners or part owners, and each of the lessees and occupants of the building, business, place, property, matter or thing to which said order relates, and in respect of which said expenses were incurred; and also against every person or body who was by law or contract bound to do that in relation to such business, place, street, property, matter or thing, which said order 'requires, and said expenses shall also be a lien on all rent, compensation due, or to grow due, for the use of any place, room, building, premises, matter, or thing, to which said order relates, and in respect of which, said expenses were incurred; and also, a liea on all compensation due or to grow due for the cleaning of any street, place, ground, or thing, or -for the cleansing or removal of any matter, thing or place, the failure to do which by the party bound so to do, or the doing of the same in whole or in part by order of said board, was the cause or occasion of any such order or expense. Said board of health, its assignee, or the party who has, under its order or that of the police board, acting there- under, incurred said expense, or has rendered service for which payment is due, and as the rules of said board of health may provide, may institute and maintain a suit against any one herein declared liable for expenses as aforesaid, or against any person, firm or corporation, owing, or who may owe, such rent or compensation, and may recover the ex- penses so incurred under any order aforesaid. And only one or more of such parties liable or interested may be made, parties to such ac- tion as the board may elect; but the parties made responsible as aforesaid for such ex- penses shall be liable to contribute, or to make payment as between themselves, in re- spect of such expenses and of any sum re- covered for such expenses or compensation, or by any party paid on account thereof, accord- ing to the legal or equitable obligation exist- ing between them. Estraor«linary exiienditares. Sec. 1,177. The department of health may use, in compensation of special inspectors, phy- aiciane and nursee, and for supplies and con- tingencies, such sum, not exceeding in the ag- gregate eighty thousand dollars, in excess of the annual appropriation, as may be at any time appropriated by the board of estimate and apportionment for tne prevention of dan- ger fro,m contagious or infectious diseases found to exisit in said city, or for the care of persons exposed to danger from contagioui or infectious diseases. Declaration of imminent peril. Sec. 1,178. In the presence of great and im- minent peril to the public health 'by reason of impending pestilence, it shall be the duty of the board of health, having first taken and filed among i'ts records what it shall regard as sufficient proof to authorize its declaration of such peril, and having duly entered the same in its records, to take such measures, and to do and order and cause to be done, such acts and make such expenditures (be- yond those duly estimated for or provided) for the prese.rvation of the public health (though not herein elsewhere or otherwise authorized) as it may in good faith declare the public safety and health demand, and the mayor shall in writing approve. But the ex- ercise of this extraordinary power shall also, so far as it involves such excessive expen- ditures, require the written consent of at least three members of the hoard of health, and the approval aforesaid of the mayor. And such peril shall not he deemed to exist 9tr 118 THE CHARTED OF THE CITY OF NEW YORK. cept Wien, and for such period of time, as the beard of health and mayor shall declare. Bureaus. Sec. 1,179. There shall be two bureaus in the department of health. The chief officer of one bureau shall be called tbe “sanitary superintendent," who, at the time of his ap- pointment, shall have been, for at least ten years, a practicing physician, and for three years a resident of the city o:f New York, and he shall be the chief executive officer of said department. The chief officer of the sec- ond bureau shall be called the “registrar of records”; and in said 'bureau shall be record- ed, without fees, every birth, marriage and death, and ail inquisitions of coroners, which shall occur, or be taken within the city of New York. But in cases of inquests, where the jury sbal'l find that the death was caused by negligence or maliciou.s injury, only a copy of the record need be filed in said bu- reau. Ollices and e.xpenses. Sec. 1,180. 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 depart- ment, its officers, agents and employes, and the prudent and proper discharge of the duties of the department may require; and may, subject to the other provisions of this act, make such other incidental and additional expenditures, having due regard to economy, as the purposes and provisions of this chapter, and the dan- gers to life and public health may justify or require; and may provide that any failure of any officer, agent, or employe of the depart- ment to duly fulfill his engagements or dis- charge his duty shall cause a forfeiture of the whole, or any less portion of the salary or compensation of such officer, agent, or em- ploye, as the rules or practice of the depart- ment may provide. Boi’ongli ofRees to be mnintniiied. Sec. 1,181. The board of health shall estab- lish and maintain in the boroughs of Man- hattan, the Bronx, Brooklyn, Queens and Richmond, offices wherein the business and duties, of the department of health shall be performed and discharged under its rules, regulation and control. To this end the board of health shall appoint assistant sani- tary superintendents, and assistant 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 the other officers, clerks, inspectors and subordinates allowed, pursuant to this chapter, as may be necessary to conduct and' transact the busi- ness 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 borough in which the office is located. In the general office of the health department in the borough of Manhattan, shall also be preserved and kept, both for record and the use of the board of health, the arch- ives of the department of health, and all the records, books, reports, files and papers be- longing and pertaining to the general ad- ministration of the health department, and the business and transactions of the bo'ard of health, as well as those which belong to, and have special reference to, the business and transactions, and the discharge of the duties and powers of the health department in the borough of Manhattan. The board of health may likewise establish such other ad- ditional offices as it shail deem necessary for the proper discharge of the duties and powers Of the health department in the several bor- oughs, with such force as may be essential thereto throughout the city as constituted by this act, but shail always maintain its chief office in the borough of Manhattan. Deles'atioii of powers. Sec. 1,182. The board of health may from time to time delegate any portion of its pow- ers to the sanitary superintendent or an as- sistant sanitary superintendent, to be exer- cised by such delegate from the time and in manner, and to the extent specified in such delegation in writing. Provided, however, that this section shall not be c5nstrued in re- straint of the general power of the board of health to discharge its duties through any and all of its appointees. The department of health shall have a secretary, who shall, sub- ject to the direction of the board of health, keep and authenticate the acts, records, pa- pers and proceedings of the department of health, preserve its books and papers, conduct its correspondence, and aid generally in ac- complishing the purposes of this chapter. The boaj'd of health may designate a clerk to be the chief clerk of the department, and a clerk in each of the offices of the five boroughs above mentioned, to be an assistant chief clerk, who may perform such duties of the secretary as shall be assigned to him; and papers certified by such chief clerk or by an assistant chief clerk shall be of the same ef- fect as evidence and otherwise as if certified by the secretary. Duty of sauitiiry sui>erintendent.s. Sec. 1,183. It shall be the duty of the sani- tary superintendent and the assistant sani- tary superintendents, as each may be di- rected, to execute or cause to be executed, the orders of said department of health, and gen- erally, according to instructions, to exercise a practical supervision in respect to the in- spectors, agents and persons other than the secretary, and health commissioners, and as’ to the members of the police force who may exercise any authority under this chapter; and said officers shall devote their services to the afo'resaid purposes, as the board of health may, from time to time direct. Each such superintendent shail make reports weekly or oftener, if directed by the board of health, in writing, stating generally his own action and that of his subordinates, and the condi- tion of the pubiic health in said city, or any portion thereof, and any causes endangering life or health which have come to his knowl- edge during that period. Reports of, ami inspection. Sec. 1,184. The sanitary superintendent, the assistant sanitary superintendents, the sani- tary inspectors and the officers of said depart- ment may visit all sick persons, who shall be reported to the department of health as sick of any contagious, pestilential or infectious disease and report to the department of health, in writing, his or their opinion of their sickness. He. or they, shall visit and inspect all vessels coming to the wharves, landing places or shores of said city, or with- in three hundred yards thereof, which are suspected of having on hoard any infectious or contagious disease, or likely to commun- icate the disease to the inhabitants of said city, and all stores and places within the said city, which are suspected to contain putrid or unsound provisions or other articles likely to communicate disease to the inhabitants, and make and sign a report in writing, stating the vessel, stores, places and. articles so in- spected hy him or them, and the nature, state and situation thereof, and his or their opinion in relation thereto, as to the proba- bility of disease being communicated by or from the same, and file such report in the chief office of the department of health. Sanitary in.spectoivj. Sec. 1,185. The board of health shall ap- point and commission at least fifty sanitary inspectors, and shall have power to appoint twenty additional sanitary inspectors, if it deems that number necessary, and from time to time to prescribe the duties and salaries of each of said inspectors, and the place of their performance, and of all other persons exercising any authority under said depart- ment, except as herein specially provided; but thirty of such inspectors shall be physicians of skill and of practical professional experi- ence in said city. The additional sanitary in- spectors heretofore duly appointed and com- missioned, either in Nev; York city or in the city of Brooklyn, may be included among the sanitary inspectors mentioned in this sec- tion, 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 hy this act, and the number of sanitary inspectors for whom pro- vision is made in this section shall be exclu- sive of the special inspectors for whom pr,s- viS'ion is made in section 1,186 and elsewhei'e in this act. All of the said inspectors shall have such practical knowledge of scientific or sanitary matters as qualify them for the du- ties of their office. Each of such inspectora shall once in each week make a written re- port to said department, stating what duties he has performed, and where he has per- formed them, and also such facts as have come to his knowledge connected with the purposes of this chapter as are by him deem- ed worthy of the attention of said depart- ment, or such as its regulations may require of him; which reports, with the other reports herein elsewhere mentioned, shall be filed among the records of the said department. Sanitary engineering service. Sec. 1,186. The board of health may, from time to time, engage a suitable person or persons to render sanitary engineering service and to make or supervise practical and scien- tific sanitary investigations and examinations in the city requiring engineering skill, and to prepare plans and reports relative thereto. Badges. Sec. 1,187. The board of health may provide a badge of metal with a suitable inscription thereon, and direct and require it to be worn, in a position to be designated by any person or officer under the authority of said depart- ment, at such times and under such circum- stances as the rules and bylaws of said de- partment shall direct. Exaininatioii!>( and survey.s. ' Sec. 1,188. The members of the beard of health, the health commissioners, the sani- tary superintendent, the assistant sanitary superintendents, and any of the sanitary in- spectors, and such other officer or person as may, at any time he by said board of health authorized, may, without fee or hindrance, enter, examine and survey all grounds, erec- tions, vehicles, structures, apartments, build- ings, and every part thereof, and places in the city, including vessels of all kinds in the wa- ters, and all cellars, sewers, passages and excavations of every sort, and inspect the safety and sanitary condition, and make plans, drawings and descriptions thereof, ac- cording 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- ter or thing in the city, so inspected or other- wise, as aforei.aid, so far as, in the opinion 119 THE CHARTER OF THE CITY OF NEW YORK. of the beard of health, such publication may be useful. Proofs aud affidavits. Sec. 1,189. Pioofs, affidavits and examina- tions as to any matter under this chapter may be taken by or before the beard of health or other person, as the beard of health shall au- thorize; and commissioners of health, the sec- retary, the sanitary superintendent, assistant sanitary superintendents, and any member of said department shall, severally, have au- thority to administer oaths in sUch matters, and any person guiity cf willfully answering or testifying falseiy therein shall incur all the pains and penalties of perjury. Regristrar of records. Sec. 1,190. The board of health shall ap- point a registrar of records and five assistant registrars of records of whom one shall be placed and have his office in each of the bor- ough offices ot the health department, and there discharge the duties and powers of the registrar of record- so far as the same shall have been committed to him by the board of health, or the registrar of records, but always subject to the direction and control of the board of health. Id.; and payment for nig-Iit medical service. Sec. 1,191. It shall be the duty of the regis- trar of records and each assistant registrar of records, in his borough, and where his of- fice is located, to ascertain and report to each captain of the police whether any physician who applies for registry, as willing to re- spond to any call for medical attendance, as provided in this act, is in good and regular standing, and to transmit to such captain a certificate tbereef. It shali be the duty of the department of health to pay at sight the fee of $3 certified to be due any physician, in accordance with the provisions of this act, and to enter such payment in a book provided for that purpose, and to take up the certificate issued therefor. Suits and service of i)apers. Sec. 1,192. Said board of health may sue and be sued in and by the proper name of “The departmentof 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 suits and proceedings against or af- fecting 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 j health is a party may be served on the cor- poration- counsel or such assistant as may be assigned by him to the health department. Attorney. Sec. 1,193. The corporation counsel shall assign such assistant counsel as may be need- ful to the department of health, as provided In chapter VII. of this act. Salaries. Sec. 1,194. The annual ^'.aries co be paid to persons herein named, and appointed to the several specified positions, stia'.l, 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 president of the board of health, seven thousand five hundred dollars. To the commissioners, other than the presi- dent, six Aousand dollars each. To the sanitary superintendent, six thous- and dollars. To the secretary, five thousand dollars. To the assistant sanitary superintendents, •acb three thousand five hundred dollars. To the registrar of records, four thousand dollars. To the assistant registrars of record, each three thousand dollars. To the chief clerk of the depai’tment of health, three thousand dollars; and to the other clerks and employees regularly employed in the service of the department the salaries from time to time fixed and prescribed for them and their offices respectively by the board of health. Id.; and no fees. Sec. 1,195. No salary or compensation shall be paid to, or fees demanded by, or expenses ordered to be incurred by any officer, depart- ment, or agent, or in respect to any service, expenditure or employment under the author- ity of any health law, ordinance, regulation or appointment in said city, unless such sal- ary, expenditure, employment, fees or expense shall be authorized by the department of health. No municipal body or other author- ity shall create any office or employ any officer or agent, or incur any expense under any health laws or ordinances, or in respect I of any matter concerning which said health department is by this chapter given control or jurisdiction. No personal liability. Sec. 1,196. No member, officer, or agents of said department of health, and no person or persons other than the department of health or the city itself shall be sued or held to liability, for any act done or omitted by either person aforesaid, in good faith, and with ordinary discretion, on behalf of or un- ’ der said department, or pursuant to its regu- lations, ordinances or health la-ws. And any person whose property may have been unjust- ly or illegally destroyed or injured, pursu- ant to any order, regulation or ordinance, or action cf said department of health or its offi- cers, for which no personal liability may ex- ist, as aforesaid, may maintain a proper ac- tion against the city for the recovery of the proper compensation or damage. Every such I suit must be brought within six months after the cause of action arose, and the recovery shall be limited to the damages suffered. Orilers ot flie board. Sec. 1,197. The board of health, if it shall consider the -public health or interests so to require, may execute orders through its own officers or agents, and means to be engaged by the board of health. Whatever expenses said board of health may lawfully and proper- ly incur in the execution of any order, resolu- tion 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 liabiiity or judgment it may have in good faith incurred or suffered by reason of i 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 respective duties, shall, so far as established, be paid out of the fund or other moneys of the de- partment of health. Execution may be compelled. Sec. 1,198. All orders duly made by any of the departments of health or boards of health or health and sanitary authorities or officers, to which said department succeeded, and by their terms or necessary legal effect, to be executed in the city of New York, may be executed, and the execution thereof com- pelled, and the execution of such of them | as are partly Executed may be compelled by the department of health; and the said orders may be severally rescinded or modified by said department, with like effect, as could I 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 proceedings 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 ex- isting January first, eighteen hundred and seventy, they could be discharged by the metropolitan board of healih. Rlgbt of inspection. Sec. 1,199. It is hereby made the duty of all departments, officers and agents, having the control, charge or custody of any public structure, work, ground, or erection, or of any plan, description, outline, drawing or charts thereof, or relating thereto, made, kept or controlled under any public au- thority, to permit and facilitate the examina- tion and inspection, and the making of copies of the same by any officer or person thereto by said department of health au- thorized. Complaint book. Sec. 1,200. The board of health shall cause to be kept a general complaint book, or several such books, in which may be en- tered by any person, in good faith, any com- plaints of a sanitary nature which such per- son thinks may be useful, with the name and residence of the complainant, and may give the names of the person or persons com- plained of, and the date of the entry of the complaint, and such suggestions of any reme- dy as may in go-o-d faith be thought ap- propriate, and said books shall be open to all reasonable public examination, regulated in al! respects as said board may deem proper, and for the public service; and the board of health shall cause the facts in re- gard to such complaints to be investigated and the appropriate remedy to be applied. Duties of owners, lessees ami oceupaiits Sec. 1,201. It is hereby declared to be ibe duty of every owner and part owner and per- son interested, and of every lessee, tenant, and occupant of, or in any place, water, ground, room, stall, apartment, building, erection, ves- sel, vehicle, matter and thing in said city, and of every person conducting or interested in business therein, or thereat, and of every person who has undertaken to clean any jlace ground, or street therein, and of every person, public officer, and department having charge of any ground, place, building, or er-ection therein, to keep, place and preserve the same and every part, and the sewerage, drainage and ventilation thereof in such condition, and to conduct the same in such manner, that it shall not be a nuisance, or be dangerous or prejudicial to life or health. Police department assistance. Sec. 1,202. 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 regu- larly report to said board of health all vio- lations of its rules, and of sanitary ordinances, and of the health laws, and all useful sanitary information. And said last named departments shall, as far as practicable and appropriate, co-operate for the promotion of the pub- lic health, and the safety of human life, in the city. And it shail be the duty of the police department and the police board, by and through its proper officers, agents and men, to faithfully, and at the proper time, enforce and 120 THE CHARTER OF THE CITY OP NEW YORK. execute the sanitary rules and regulations and the orders of said board of health, made pursuant to the power 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 board is author- ized to employ appropriate persons and means, and to make the necessary and appro- priate expenditures, for the execution and en- forcement of said rules, orders, and regular tions; and such expenditures, so far as the same may not be refunded or compensated by the means herein elsewhere provided, shall be paid as the other expenses, of said board of health are paid. And in and about the execu- tion of any order of the board of health or of the police board, made pursuant , thereto, po- lice officers and policemen shall have as ample power and authority, as when obeying any order of or law applicable to the police board, or as if acting under a special warrant of a justice or judge, duly issued, but for their conduct shall be responsible to the police board and not to the board of health. Coroner’s returns. Sec. 1,203. The department of health may from time to time fix and define the time of making, and the form of returns and reports to be made to said department by the coro- ners of the city of New York, in all cases of post mortem inquests, or viewing of dead bodies held by them or any of them, and the said coroners are hereby required to conform to the directions of said department in the premises, and it shall be the duty of every coroner at once, and before holding any in- quest, upon being called upon to hold an in- quest as aforesaid, or notified thereof, to im- mediately transmit and cause to be delivered to the secretary of said department 0 ‘f health written notice of the fact of such call, in which shall be stated every particular then known to said coroner as to said call, the body, the place where it is and the reported cause of death. If at any time said depart- ment, or the sanitary superintendent, shall deem the protection of the public health to demand, it may, so soon as the coroner’s jury or physician may have viewed the dead body, and an autopsy thereof shall have been made, provided the coroner deems the same neces- sary, order the immediate burial of any dead body, or if he or it deems that the public health demands an immediate removal of said body from the place of death to another place for inquest, may likewise at any time order said removal and shall have power to cause said orders to be obeyed and executed. Removal o-f dead bodies. Sec. 1,204. It shall be the duty of the depart- ment of health to grant a permit lor the re- moval of the body of any deceased person from the city, which has not been buried, upon receiving a certificate of the death of said person, made in accordance with its rules. It may grant a permit for the removal Of the remains of any person interred within the city to a place without the same, on the application of a relative or friend of such per- son, when there shall appear to be no just objection to the same. Removal of nigbt soil and oifal. Sec. 1,205. The board of beakh sball have lull and exclusive power and authority over the re- moval 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 witb the duty of causing tbe removal of the same daily, or as often as may be necessary, and of keeping the said city ci&an from all matter of nuisance of a similar kind. The department, bureau or City officer of authority or BUthorities who shall from time to time have tbe management and control of the public docks, piers and slips in said city, may, with the consent of tbe com- missioners of the sinking fund, designate and set apart for the use of the depar>cment of health of said city, suitable and sufficient slips, docks, piers and berths in slips, located as the said depantmen'c of health may require, and sucb as should be convenient and necessary for its use in executing the duty hereby im- posed upon said department of health, except- ing the slips, docks and piers on the East river set apart for the use of canal boats. 111.; coiiti-aets for. Sec. 1,206. The beard of health is authorized •to make contracts witb any responsible person or persons for tbe removal of said offal, dead animals, night soil and other refuse matter from the city of New York, and to require and receive security in such form and amount as the said beard may approve, for the faithful performance by the person or persons afore- said, to whom such contracts may by tbe said board of health, be in its discretion, awarded, of all and each of the provisions of such con- tracts on his or t'neir part. The place or places of reception and deposit of, and to which sucb offal, dead animals, night soil and other re- fuse ma't'cer m>ay be conveyed, may, from time to time be designated, and may be ordered changed by the board of health. As to rags, liides and skins. Sec. 1,207. No rags, hides or skins arriving in the port of New York shall be deposited in any part of the city within which the de- partment of health shall have prohibited the packing 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 otherwise. Unsound cotton. Sec. 1,208. It shall be the duty of the mas- ter 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 ap- pear damaged, or otherwise unsound, to make an immediate report thereof to the board of health. Every master, or owner, or con- eq; rajojaed 05 §uno9T3eu jo Snisnjaj eaaSis duties so enjoined, shall, for each offense, forfeit to the board of health the sum of five hundred dollars, to be recovered in a civil action by said board. Unsound articles, or deposited con- trai'y to orders. ' Sec. 1,209. 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 yie board of health shall prohibit the keeping, preparation, packing or repacking thereof, at the time or times when such prohibition shall be made, shall be reported forthwith by the owner or person having charge thereof to the health department, that the same may be examined, and, if 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 there- of, the sanitary superintendent shall cause them to be removed to some safe place, there to remain at the risk of the owner, or, if so ordered, may destroy the same. Puti’lcl cargoes may be destroyed. Sec. 1,210. The board of health, when it | shall judge it necessary, may cause any cargo, or part of cargo, or any matter, or anything within the city that may be putrid or other- wise dangerous 'to the public health, to be de- stroyed or removed; such removal, when or- dered, shall 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 removal or destruction shall be made at the expense of the owner or owners of the property so removed or destroyed, and the same may be recovered from such owner or owners, in an action at law by said board of health. Penalties foi" di.sobedience. Sec. 1,211. Every person who shall refuse or neglect to obey the directions of the pre- ceding sections, or of the board of health pursuant thereto, in relation to provisions, putrid and other offensive articles therein mentioned, shall be considered 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 imprisonment shall not exceed two years. Offensive trades. Sec. 1,212. It shall not be lawful for any person or persons, incorporated or unincor- porated, to carry on, establish, prosecute, or continue, within the borough of Manhattan, the occupation, or trade, or business of bone boil- ing, bone burning, bone grinding, horse skin- ning, cow skinning, or skinning of dead ani- mals, or the boiling of offal, and any such es- tablishment or establishments, or place of such business existing within said borough, shall ha forthwith removed out of said borough, and such trade, occupation, or busineisis shall be forthwith abated and discontinued, providing that nothing in this section contained shall apply to the slaughtering or dressing of ani- mals for sale in said city. It shall be the duty of the board of health to ascertain whether any such trade or business is carried on, or continued, or established, within the limits aforesaid, and to make and cause an o.rder to be served, in the same manner as other orders of said department are made and served, di- recting the discontinuance of said trade or business, and the removal of all offensive or unwholesome materials or things appertain- ing to said trade or business. Any such business carried on elsewhere within the city of New York shall be subject to reasonable regulations to be prescribed by the board of health, and may, upon its recommendation, be prohibited in any borough or part of any borough by the municipal assembly. Filling in lands, Sec. 1,213. It shall not be lawful for any person or persons, incorporated or unincorpor- ated, 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, decaying matter, or any offensive and unwholesome material, or with dirt, ashes or other refuse, when mixed with such gar- bage, dead animals or portions thereof, de- caying matter or offensive and unwholesome material. Any person or persons violating the provisions of this section shall be deem'ed guilty of a misdemeanor, and, on convic- tion thereof, shall be punished by a fine not exceeding one hundred dollars, or imprison- ment not exceeding six months, or both. The board of health is hereby empowered to institute prosecutions and suits for penalties for the violation of the provisions of this section and this chapter. Yards and cellars. Sec. 1,214, The board of health shall THE CHARTER OF THE CITY OP NEW YORK. 121 have full power and authority to make such bylaws and ordinances as said board shall, from time to time, deem necessary and prcp;r, for the filling, draining and regulating of any grounds, yards or cellars, within the city, that may be sunken, damp or unwholesome, or which it may deem proper to fill, drain, raise, lower or regulate, and also, for caus- ing all such lots of ground in the city adjoin- ing the Hudson river or the East river, or Long Island sound, as it may, from time to time, think proper, to be filled with whole- some earth or other solid materials, so far | Into the said rivers respectively as said board shall, from time to time, deem expedi- ent for promoting the health of the said city, and for filling or altering or amending all sinks and privies within the said city, and for directing the mode of constructing them in future, and for causing subterraneous drains to be made from the same, when said board may think it necessary. Drainage and maps. Sec. 1,215. Whenever in the opinion of the board of health the protection of the publfo health requires the drainage of any lands in the city, by means other than sewers, the said j board may make an order describing the loca- tion of such lands, and directing the proper drainage thereof, and construction of drains therefor, by the commissioner or commis- sioners of the department of said city having jurisdiction to construct sewers in that part of city where such drainage is so required. The board of health shall thereupon cause a map to be made, whereon shall be sho-wn the location o^f such proposed drains, and the lands required for the construction thereof. Such order shall he entered at length in the records of such department of health, and I such map shall be filed in said department; a copy thereof shall be filed in the office of the register 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 commission- er or commissioners of the department of said city, who shall, by such order be re- quired to construct such drains, and the said commissioner or commissioners of said de- partment with whom a copy o communicate disease to the inhabitants. Violation of orders: pnnislimemt for. Sec. 1,222. Every person who shall violate, or neglect, or refuse to comply with any pro- vision contained in any of the preceding sec- tions, or in the orders made by the board of health in pursuance thereof, shall be deemed guilty of a misdemeanor, and on con- viction thereof shall be punished by a fine not exceeding two hundred and fifty dollars, or imprisonment not exceeding six months, or hotn; and all such fines when collected shall h© g_aid to the controller. Any viola- tion o: .he . sanitary code shall be treated and punished as a misdemeanor, and the offender shal'. also he liable to pay a penalty of fifty dollars, to he recovered in a civil action in the name of the department of health of the city of New York. Separate receptacles foi* ashes aadl garbagte. Sec. 1,223. The board of health shall cause to be enforced the provisions of the sanitary code requiring that separate receptacles he provided for ashes and rubbish, and for garbage and liquid substances, and forbid- ding that they be placed or kept in the same receptacle, and requiring the streets and side- walks to be kept free from incumbrance by such receptacles, except at such times as may be designated by the commissioner of street cleaning for the collection of their contents; and for the violation of any of the said pr«- 122 THE CHARTER OF THE CITY OF NEW YORK. visions of said code both the owners and oc- cupants of aii houses in che city shali be sev- erally responsible and subject to the pen- alties and prosecutions imposed by said code, and ail other provisions of said code and of fhe cKy ordinances relative to the cleanliness of the streets; and the board of health is j empowered to institute prosecutions and suits for penalties for the violation of any such provisions. Service of orders. Sec. 1,224. 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 duty in respect of the business, property, matter, or thing, or the nuisance or abuse to which said order relates; or upon a person, officer or de- partment, or one of the department who' may be most interested in or affected by its exe- cution. If said order relate to any building, or the drainage, sewerage, cleaning, purifica- tion, 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 resi- dence or lodging place of several persons, or as a tenement house or lodging house, service of such order on the agent of any person or persons for the renting of such building, lot or ground, or for the collecting of the rent thereof, or of the parts thereof to which said order may relate, shall be of the same effect and validity as due service made upon ihe principal of such agent, and upon the owners, lessees, tenants, occupants of such buildings, or, parts thereof, or of the subject matter to which such order relates. Vaccination. Sec. 1,225. For the purpose of more' effect- ually preventing the spread of smallpox by the thorough and systematic vaccination of all unvaccinated persons, and for the relief of persons suffering with diphtheria and other infectious diseases, residing in said city, the board of health is hereby empowered to con- tinue or organize a corps of vaccinators and of physicians, within and subject to the con- trol of the bureau of sanitary inspection, to appoint the necessary officers, keep suitable records, collect and preserve pure vaccine lymph or virus, and produce diphtheria anti- toxine and other antitoxines, and add to the sanitary code such additional provisions as will most effectually secure the end in view. Said board of health may take measures and supply agents and offer inducements and facilities for general and gratuitous vaccina- tion, disinfection and for the use of diphtheria antitoxine and other antitoxines and may afford relief to and among the poor of said city as in its opinion the protection of the public health may require. Sale of lympli and antitoxine. See. 1,226. 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 performance of its duties, the said board of health may authorize the sale of such surplus lymph or virus, and diphtheria antitoxine, and other antitoxines at reasonable rates, to be fixed by the board of health. The avails of such lymph or virus, and diphtheria antitoxine, and other antitoxines, shall be accounted for and paid to the chamberlain, and shall be set apart and constitute distinct funds, to be known re- spectively as “the fund for gratuitous vaccina- tion,” and "the antitoxine fund,” and they shall be subject to the requisition of th.e board of health for the purposes named in the pre- ceding section. Driving- ami slaiig'litering cattle, slieep, swine, pigs or calves reg- ulated. Sec. 1,227. It shall not be lawful to drive any cattle, sheep, swine, pigs or calves through the streets or avenues of the city of New York, or any of them, except at such times and in such manner as provided in the sanitary code, or as the board of health may, by ordinance, prescribe, nor shall it be lawful to slaughter any cattle, sheep, swine, pigs or calves in the city of New York, excepting in buildings located upon or near the water front, and so constructed as to receive all stock de- livered thereat from boats, cars or trans- iiorts and to secure the proper care and dis- position of all parts' of the slaughtered animals upon the premises or the immediate removal thereof by means of boats and under the pro- visions of the sanitary code and the authority and regulations of the department of j health. The board of health may revoke or suspend the permit of any one who shall i conduct said business of slaughtering cattle, | sheep, swine, pigs or calves in violation of | law and the rules and regulations of the de- j partment of health. No fat, hides, hoofs, or ^ entrails, or other refuse parts of slaughtered animals shall be transported in said streets i except under and pursuant to the terms of a 1 permit in writing from the board of health; | i nor shall any buildings be erected or converted ' into or used as a slaughter house until the ! plans thereof have been duly submitted to the ' board of health, and approved in writing by j the said beard. ! Extension of ijroclamation period. j Sec. 1,228. Whenever it shall appear to the ' i board of health that any of the provisions of this title, limited in their operations to a cer- j tain period of the year, or designated periods ! of time, ought to be extended, the said' board of health shall issue itsproclamation extending such provisions to such a time as shall be de- termined on, and such provisions shall there- j upon be extended accordingly and with the ' like effect as if the periods mentioned in such i proclamation, had been originally therein en- acted. If it shall appear to the board o' health while such proclamation is still in force, that the necessity of extending the per- iod therein named has ceased, the board of health, by a new proclamation declaring that fact, may revoke the proclamation issued pur- suant to this section, which shall then cease to have effect. Definitions. Sec. 1,229. The word “nuisance,” as used in this act, shall be held to embrace public nui- sance, as known at common law, or in equity jurisprudence; and it is further enacted that whatever is dangerous to human life or detri- mental to health; whatever building or erec- tion, or part or cellar thereof, is overcrowded 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 what- ever render.s the air or human food or drink, unwholesome, are also, severally in contem- plation of this act, nuisances; and all such nuisances arehereby 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 oif them, shall be jointly and severally liable for, or toward, the expense of the abatement and remedying of the same; but as between themselves, any such persons and corporations may enforce contribution or collect expenses, according to any legal or equitable relations existing between them; but nothing herein contained shall annul or defeat any common law liability or resjKinsibility in respect of nuisances. Whenever the words “place, matter or thing,” or either two of, said words, are used in this act or in titles one, four and five of this chapter, they shall, unless the sense plainly requires a different construction, be construed to include whatever is embraced in the enumeration with which they are con- nected. TITLE 2. MARRIAGES, HIRTHS AND DEATHS. Persons solemnizing^ marriages to keep a registi-y. Sec. 1,236. It shall be the duty of the cler- gymen, magistrates, and other persons who perform the marriage cermony in the city of New York, to keep a registry of the mar- riages celebrated by them, which shall con- tain, as near as the same can be ascertained, the name and surname of the parties mar- ried; the residence, age, and condition of each; whether single or widowed. Rirtlis to l»e reported. Sec. 1,237. It shall be the duty, of the par- ents of any child born in said city (and if there be no parent alive that has made such report, then the next of kin of such child born), and of every person present at such birth, within ten days after such birth, to report to the department of health in writing, so far as known, the date, borough, and street number of said birth, ana the sex and color of such child born, and the names of the par- ents. It shall also be the duty of physicians and professional midwives to keep a registry of the several births in which they have as- sisted professionally, which shall contain, as near as the same can be ascertained, the time of such birth, name, sex and color of the child, the names and residence of parents, and to report the same within ten days to cna department of healtn. Deaths to he reported. Sec. 1,238. It shall be the duty of the next of kin of any person deceased, and of each person being with such deceased person at his or her death, and of the persons occupying or living in any house or premises in or on which any person may die, to report in writ- ing, to the department of health, within five days after such death, 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 ascer- tained, the name and surname, age, occupa- tion, term of residence in said city, place of nativity, condition of life; whether single, married, widow, or widower; color, last place of residence, and direct and indirect cause of death of such deceased persons, and the coroners of the city, in such cases as an in- quest may have been held, shall, in their cer- tificates, conform to the requirements of this section. Penalty for failnre to report inar- ria;?es ami fiirtlis to tke department of liealtli. Sec. 1,239. For every omission of any per- son to make and keep the registry of marri- ages and births required by the preceding sections, and for every omission to report a written copy of the same to said department of health, within ten days after any birth or marriage provided to be registered, and for every omission to make the report of any death, birth or marriage, the person guilty of such omission shall be guilty of a misde- THE CHARTER OP THE CITY OF NEW YORK, 12.1 meaner; and, in addition thereto, the offender shall also be liable to pay a fine of one hun- dred 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 sub- ject to arrest and imprisonment for not mak- ing the report herein required, if an excuse is presented to the board of health for such omission, which the said board shall decide to be sufficient, in which event the said board of health is hereby empowered to excuse the said omission. Record o£ l)irtlis, marriages and deaths. Sec. 1,240. The department of health shall keep a record of the births, marriages and deaths reported to it; the births shall be numbered and recorded in the order in which they are re--.eived by it; and the record of births shall state, in separate columns, the place and date of birth, the name, sex and color of the child, the names and residence of the parents, as fully as they have been received, and th} time when the record was made. The marriag 's shall be numbered and recorded in the order in which they are received by the department, and the record thereof shall state, in separate columns, the date of mar- riage, name, residence and official station, if any, of the persons, by whom married, the names and surnames of the parties, age, the color and conditions of each; whether single or widowed, and the time when the record was made. The deaths shall be likewise numbered and recorded, and the record there- of shall state, in separate columns, as far as the same is reported, the date of decease, name and surname, condition, whether sin- gle, married or widowed, age, place of birth, place of death, occupation, names of the par- ents, when an infant without name; disease, direct cr indirect cause of death, color, and last place of residence of such deceased per- son, and the time when the record was made. Said department 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. Registration of ijirtlis not previonsly recorded. Sec. 1,241. 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 attendant present at such birth, may be recorded in the bureau of records of the health department of said city, in a special book, to be kept for such purpose, upon the application in such behalf by the parents or guardians of such children. Such application shall be made to the board of health, and shall be accompanied by a certifi- cate of the physician or midwife attending professionally at such birth and personally cognizant thereof, together with the affidavit of at least two citizens, certifying to their knowledge of the facts, and that the phy- sician or midwife making such certificate of birth is a reputable person in good stand- ing in the community in which he or she may reside. No change or alteration shall, at any time, be made in any of the records of the said bureau of records in said city without proof satisfactory to and upon the approval of the said board of health. Transcripts of any record in said bureau of records may be given, in the discretion of the department of health, to a parent or the next of kin of any person authorized to apply for the same, but mo transcripts of false or fraudulent returns made to the said bureau, nor of the entries thereof shall be given, and they shall be can- celed upon due proof of the facts to the de- partment of health. Transcripts of these records when required shall be on such forms as the board of health may prescribe, and for them the usual fees for copies of records may be received. TITLE 3. DUTIES OP PHYSICIANS AND OTHERS. Report of pestilential, infections and contagions diseases; deaths. Sec. 1,247. It shall be the duty of each and every practicing physician in the city of New York: 1. Whenever required by the department of he.a;t(i to report to said department, at such times, in such forms as said deparemen'e may proscribe, the number of persons attacked wkti any pestilential, contagious, infectious disease attended by such physician for the twenty-four hours next preceding, stating ithe name of such patient and the Ufanie and place wfiere he shall t'hen be; and the number of persons at- tended by such physician, who shall have died in said city, during the tw'enty-four bours next preceding such report, of any such pestiientital, con'tagious or infectious disease. 2. To report, in writing, to the said depart- ment every p.atient tie shall have laboring under any pestilential, contagious or infec- tious disease, and within twenty-four hours after he shall ascertain or suspect the nature of the disease. 3. To report to the said department when re*- quired 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 re- port the specific name and type of such dis- ease. Afflrtavit may be retiiiired. Sec. 1,248. The department ofliealth may re- quire of any physician, not less than three bours after service of a demand thereof upon him, an affidavit, stating the.rein whether he bas or has not any patient, who, in his opin- ion, shall then be sick of a pestilential, con- tagious or infectiou.s disease, and if be has any such patient, to S'tate in such affidavit his or her name, and the house or place in said city where be or she shall then be, and tbe nature or name of such disease, to the best of his knowledge and belief. Penalty for failing to report. Sec. 1,249. Every practising physician who shail refuse cr neglect “to perform tbe duties enjoined on him by the foregoing section shall be considered guilty of a misdemeanor, and sball also forfeit for each offense the sum of two hundred and fifty dollars, to be sued for and recovered by the department of health. It ibail be the duty of each visiting, hospitJal and consuking physician to make an immediate report to the department of healtb of the name of every practising physician by whom he shall have reason to believe the provisions of said section bave been violated: and if such physi- cian sball neglect cr refuse to perform his duty,the department shall order him to be sus- pended from any office he may hold, and he shall, moreover, be liable to such further pen- alty and to such prosecution for bis violation of this law and of bis duty as the beard of health shall determine. Boavtllng and lodging-house keepers may be required to report. Sec. 1,250. Every person keeping a board- ing or lodging house in the city shall, when- ever required by the department of health, report, in writing, to the department the name of every person who shall be sick In his house within twelve hours after each case of sickness shall have occurred. Masters, etc., of vessels to report. Sec. 1,251. Every master, owner or con- signee of a vessel lying at a wharf or in the harbor of the city of New York, shall make a like report, and within the same period, of the name of every sick person on hoard 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 PROCEEDINGS AND PUNISH- MENT FOR DISOBEDIENCE OP ORDERS AND ORDINANCES. Orders for examination before 'jnstieo of supreme eonrt. Sec. 1,257. Any justice of the supreme court of the first or second department, or who is holding court or chambers therein, upon the written application of the board of health, may issue his order, by him sub- scribed, for the examination without unrea- sonable delay by or before such justice of any person or persons, and the production of books or papers or the inspection and taking of copies of the whole or parts there- of, at a time and place within said city, and in said order to be named; and it shall bo the duty of such justice to take or superin- tend 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 pa- pers, to be delivered to said health department for the use of said department. And such examination, and any proceeding connected therewith, or under said order, may wholly or in part be had, conducted or co-ntinued 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 pO'Wer and authority to punish for contempt and enforce obedience to his said or other order or directions respecting the matter aforesaid (or that of any other judge), as any such justice of the supreme court may now have or shall possess to enforce obedi- ence or punish contempt in any case or mat- ter whatever. Such application shall name or describe the person or persons whose ex- amination 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 board of health re- quests the examinaion to take place, and the justice shall, on the proceedings, decide what questious are pertinent and allowable in re- spect thereto and shall require the same to be properly answered; but no answer of any person so examined shall be used in any criminal proceeding. Service o-f 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 sub- pena. And it shall be the duty of said justices to facilitate the early determination of the aforesaid proceedings. Appearance ami examination of wit- nesses. Sec. 1,258. Upon the application of any par- ty in interest in any matter pending exam- ination before said department of health, by affidavit, stating the grounds of such appli- cation, to any judge of a court of record, and asking that any person or persons therein named shall appear before said department of I health, or any person taking or about to take such examination, at some time or times and place to be stated in the said affidavit, it I shall he the duty of such judge, if he shail 124 THE CHARTER OP THE CITY OP NEW YORK, discover reasonable cause so to do, to issue bis order requiring such person or persons named to appear and submit to such exam- ination as, and to the extent, such order may state, at the time and place to be in said or- der 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 re- fusal to submit to the proper examination may be punished by such judge or by any judge of such court as a contempt of court, upon the facts as to such refusal being brought before any such judge by affidavit. Tlie liealtli department as party plain- titl and defendant. Sec. 1,259. In all actions and proceedings heretofore commenced and now pending, against either of the cities of New York, Brooklyn or Long Island City or the town au- thorities and public officers in Kings and Richmond counties and the part of Queens county, now to form a part of the city of New York, or against the de- partment of health, board of health or sanitary officers in any part of said terri- tory, in which any action, order, regulation, ordinance or proceeding of any of the health departments, boards of health or sanitary offi- cers thereof, is called 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 pro- ceedings 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 proceedings which are reasonable, necessary and proper, to car- ry out the provisions of the laws under which the said department acts, and may sue and be sued by the proper name of the department of health of the city of New York. liijanctions wlieii not to be granted against department. Sec. 1,260. No preliminary injunction shall be granted against the department of health, or its officers, except 'by the supreme court, at a special or general term thereof after service of at least eight days’ notice of a mo- tion for such injunction, together with copies of the papers on which the motion for such injunction is to be made. Whenever said de- partment shall seek any provisional remedy, or shall prosecute any appeal, it shall not be necessary before obtaining or prosecuting the same to give any undertaking. Proceedings presumed legal. Sec. 1,261. In all judicial proceedings the actions, proceedings, authority, and orders of said department shall at all times be re- garded as in their nature judicial, and he treat- ed as prima facie just and legal. In any suit, the right of said department or the police department to make any order, or cause the execution thereof, shall he presumed. ■Violation of department orders, ac- tions for. Sec. 1,262; Whoever shall violate any pro- 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 obstruct or intenfere with any person in the execution of any order of said department, or any order of the police department in pursuance or execution of the orders of the department of health, or wil- fully omit to obey any such order, shall be guilty of a misdemeanor, and be liable to be indicted and punished for such offense; and in cases where ■ it was made a misdemeanor to do or omit any act or thing, when any power or authority hereby conferred upon the board of health or department of health, was exercised by any other hoard of health or officers, the omission or doing of such, or a corresponding act or thing, which this chap- ter requires, or contemplates to he done or forbids, shall in like manner be a misde- meanor, and the offender shall be liable to indictment and punishment for the same. A willful omission or refusal of any individual, corporation, or body to conform to any regu- lation of said department duly made for the protection of life or the care, promotion, or preservation of health, or the carrying out of the purposes of this chapter, pursuant to Its power or authority, shall be a misdemean- or, and the person or officers guilty thereof shall be lia'ble to indictment and punishment as for a misdemeanor. All prosecutions and pro'ceedings against any person for misde- meanor under this chapter may be had or tried before any judge or tri- bunal having jurisdiction of any misde- meanor within said city. Any person, cor- poration, 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 sanitaiw code referred to, declared to be, or to subject the party guilty thereof to punishment for a misdemeanor, shall, in addi- tion thereto, be subject to a penalty of two hundred and fifty dollars, to be sued for and recovered by said department in any civil tribunal in said city. Where in any case the minimum penalty for a refusal to obey, or for a violation of any order, regulation, or ordinance of said department of health, or any law, is not fixed, the amount recovered in such case shall not be less than twenty dol- lars, and the judge or justice who presided at a trial where such penalty is claimed shall, on said trial, in writing, fix the amount, not contrary to said provisions, of said penalty to be recovered, and shall direct such amounl so fixed to be. and it shall be included in the judgment. Any such suits may be against one or more, or all of those who participate in the act, refusals, or omissions complained of, and the recovery may be against one or more of those joined in the action as the justice of the court shall direct. The provis- ions of this section as to the jurisdiction of tribunals, parties and costs shall apply to all suits by said department or its assignee, or the assignees of the police department under this chapter. All processes and papers usual or necessary in the commencement and prose- cution of actions, or for the collection of money in suits or proceedings under this chapter, on execution, may be served by any policeman, and jn and about such matters the policeman so engaged shall have all the pow- ers of marshals and no fees shall be charged by any court, magistrate, or clerk for the is- sue of any paper or procesis, or the perfor- mance of any duty in suits under this chapter. Any civil action brought under or by author- ity 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 demanded in such action; and If judgment be rendered for the plaintiff in any amount, costs of the court in which action is brought shall also be recovered, without reference to tho amount of the recovery, provided payment was demanded before suit brought, and the defendant or defendants in the action against whom the recovery Is had, did not, as the code of civil procedure authorizes, offer to pay an amount equal to the recovery against him or them, except that in cases where the recovery shall be less than $50, the amount of costs shall he $10; and in case no recovery is had, the plaintiffs shall not pay costs unless the judge or justice, at the conclusion of the trial, shall certify in writing that there was not reasonable cause for bringing the action, and in such case the costs shall not exceed $10, unless the amount claimed exceeded $50. No action shall abate, or right of action al- ready accrued be abolished, by reason of tho expiration, repeal or amendment of an ordi- nance, code or sanitary ordinances, or regula- tion of said department; nor shall any court lose jurisdiction of any actio-n by reason of a plea that title to real estate is involved, pro- vided the defendant is sought by the plead- ings to be charged in said action on any oif the grounds mentioned in this chapter, other than by virtue of ownership of such real es- tate. In respect to ail proofs and proceed- ings by said department, or its agents or officers, under this chapter, papers filed shall be deemed entered upon or In the minutes of the department. Arrests for violation of rules. Sec. 1,263. The board of health having first entered on the minutes of department of health, or filed in its records, what it may regard as adequate proof of a violation or re- sistance by any persons in said city, of any law or ordinance, the authority relating to which is given to said department, or of any order made by said bO'ard or said department, may order, by warrant, under its seal and attested by the signature of its secretary, and indicating, as far as conveniently practicable, the time, place and nature of the offense 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 magis- trate, and thereupon and thereafter shall, by all officers, be treated as being, and have the rights and liability of a party under arreet by order of the proper officer or tribunal, for a misdemeanor, of the nature indicated in said order of arrest. Id.; Iby member of police force or of- ficer of department of health. Sec. 1,264. Any member of the police force and every inspector or officer of said depart- ment of health, as the regulations of either of said departments 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 do- ing or committing in said city, any act or thing forbidden by this chapter, or by any law or ordinance, the authority conferred by which is given to said department of health, or who shall, in such presence, resist or be engaged in resisting the enforcement of any of the orders of said department or of the police de- partment pursuant thereto. And any person so arrested shall be thereafter treated and disposed of as any other person duly arrested for a misdemeanor. Id.; upon complaint of magistrate, trials, fines, etc. Sec. 1,265. Upon the complaint of any citi- zen of the city, against any person for- viola- tion of any rule, sanitary regulation, ordinance or order, made to any magistrate having juris- diction in criminal cases, such magistrate shall order the arrest of any person against whom such complaint is made, as in any other case of a criminal offense, and by his warrant may re- quire any policeman or constable to make such arrest, and may, after such arrest, proceed summarily to try such person for such alleged offense; but no such trial shall be had on any arrest made in the city without sufficient notice thereof being first given to the department of health. And upon an applica- tion in behalf of said department, made before the trial is commenced, the trial of such per- son, together with the papers, shall be re- mitted to the court of special sessions, upon which court jurisdiction to try such person* Is hereby conferred; but the right of any per- THE CHARTER OF THE CITY OF NEW YORK, 12.') Bon to elect to be tried before a jury, as it may now exist, is not affected by any thing herein contained. If such person shall, upon such trial, be found guilty, he or she may be punished in the same manner as is provided for the punishment of persons found guilty of a misdemeanor. Reports of all such trials and of fines imposed for violations of this Chapter, or the sanitary code, shall be made monthly to said department, but the justices before whom trials are had. But nothing in this section contained shall be construed as in any manner limiting any powers, penalty and punishment in, this chapter elsewhere con- ferred. False returns and deceptive reports; how pnnished. Sec. 1,266. If any person shall knowingly make to said department of health, or any of- ficer thereof, any false return, statement, or report relative to any birth, death or mar- riage, 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 said department of health shall knowingly make to said department of health any false or deceptive report, or statement in connec- tion with his duties, or shall accept or re- ceive, or authorize, or encourage, or know- ingly allow any other person to accept or re- ceive any bribe or other compensation as a condition of or an inducement for not faith- fully discovering and fully reporting, or other- wise acting, according to his duty in any respect, then any and every such person shall be deemed guilty of a misdemeanor, and shall be liable to be for such crime indicted, tried and punished according to law, and shall, in addition, forfeit all compensation due or to grow due from said department. False personation as an officer of de- partment; penalty. Sec. 1,267. It shall be a misdemeanor, punish- able by imprisonment in the penitentiary, for not less than one year nor exceeding two years, or by a fine of not less than $250, for any person, not an officer of or under the au- thority of the department of health, to false- ly represent himself as such, with a fraudu- lent design upon persons or property, or to have, use, wear, or display, without author- ity, any shield, or other insignia or emblem such as is worn by such officer. Boarding and lodging honse keepers and masters of vessels. Sec. 1,268. Every keeper of a boarding or lodging-house, and every master, owner, or consignee of a vessel who shall refuse or neg- lect to obey the orders and directions of the department of health, as provided by this act, shall be considered guilty of a misde- meanor, and on conviction shall be fined for each offense in a sum not exceeding $250, or be Imprisoned for a term not exceeding six months. Officers and magistrates to act promptly. Sec. 1,269. It shall be the duty of all prosecuting officers of criminal courts and city magistrates to act promptly up- on all complaints, and in all suits or proceedings for any violation of this chap- ter, and in all proceedings approved or pro- moted by said department, and to bring the same to a speedy hearing or termination and to render judgment and direct execution therein without delay. TITLE 5. REIMBFRSEMEXT FOR EXPENSES. Joint and several liability of owners, lessees, anil occupants of property, and assignment of claims for ex- penses of execution of orders thereon Sec. 1,275. It is hereby declared to be the duty, of which there shall be a joint and sev- eral liability of every owner and part owner and person Interested, and of every lessee, ten- ant and occupant of or in, any place, water, ground, room, stall, apartment, building, erec- tion, vessel, vehicle, matter and thing in said city, and of every person conducting or inter- ested in business therein or thereat, and of every person who has undertaken to clean any place, ground or street therein, and of every person, public officer and board having charge of any ground, place, building or erection therein, to keep, place and preserve the same and every part, and the sewerage, drainage and ventilation thereof in such condition, and to conduct the same in such manner that it shall not be dangerous or prejudicial to life or health, subject to the ordinances of the sani- tary code and the orders of the board of health. Any claim for expenses consequent upon the execution of an order of the board of health, occasioned by a violation of said duty above declared and se^ forth, may be assigned by the board of health to any person not an officer of the health department, who shall execute such order and perform the required work. On wliaf expenses to be a lien. Sec. 1,276. The e.xpenses attending the exe- cution of any and all orders duly made by the board of health shall respectively be a sevei-ai and joint personal charge against each of the owners or part owners and each of the lessees and occupants of the building, business, place, property, matter or thing to which said order relates, and in respect of which said expenses were incurred; and also against every person or body who was by law or contract bound to do that in regard to such business, place, street, property, matter or thing which, said order requires, and said expenses shall also be a lien on all rent and compensation due, or to grow due, for the use of any place, room, building, premises, matter or thing to which said order relates, and in respect of which said expenses were incurred, and also a lien on all compensation due, or to grow due, for the cleaning of any street, place, ground or thing, or for the cleaning or removal of any 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 depart- ment, was the cause or occasion of any such order or expense. Suit for expenses. Sec. 1,277. Said department of health, its assignee or the party who has under its order or that of the police department, acting there- under, Incurred any expense or has rendered service for which payment is due, and as the rules of said department of health may pro- vide, may Institute and maintain a suit against any one in this chapter declared liable for expenses, 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 afore- said. And only one or mor-e of such parties liable or interested may be made parties to such action as the department may elect, but the parties made responsible as aforesaid for such expenses shall be liable to contribute or to make payment as between themselves, in respect of such expenses, and of any sum re- covered for such expenses or compensation, or by any party paid on account thereof, ac- cording to the legal or equitable obligation existing between them. Expense of executing orders to be a lien. Sec. 1,278. The said department, its assignee or any person acting under its authority, in executing any order of said department, shall have a lien for the expenses necessarily in- curred in the execution of said order, and said expenses shall be a Hen 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 incumbrances, except taxes and assessments. But no such lien shall be valid for any purpose till the said department or person shall have caused to be filed in the office, or with the officer where notices of mechanics’ liens are now or may be hereafter required to be filed, a notice containing the same particulars as required to be stated with reference to mechanics’ liens, with the fur- ther statement that the expense has been in- curred in pursuance of an order of said department, and giving its date. Upon such filing the said officer shall make the same en- try on the book or index in which mechan- ics’ liens are entered as he is required to enter in cases of mechanics’ liens, together with a reference to said order by date, and thereafter the same shall, except as herein- elsewhere provided, have the same effect in all respects as a mechanics’ lien, and all pro- ceedings with reference to said lien, its en- forcements and discharge, shall be had and carried on in the same manner as similar pro- ceedings with reference to mechanics’ liens aro 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 with- in two months after actual notice of such filing, proceedings are taken by the party against whom or whose said property a lien is claimed, to discharge such lien, the filing shall, as to all persons having such actual notice, become conclusive evidence that the amount claimed in such statement, with interest, is due, and is a just lien upon said land and building. Such lien shall continue to be a lien for the space of four years from the time of filing such statement, unless proceedings are in the meantime taken to enforce or discharge the same, which may be done at any time during its continuance. In case proceedings are so taken, it shall remain a lien until the final termination of such proceedings; and if such proceedings shall result in a judgment for the amount claimed in such statement, or any portion thereof, such judgment shall, to such extent, be a Hen in the same manner, and from the said time as said statement. Statement of expense of executing orders to be published. Sec, 1,279. When the board of health shall, through its own officers and men and means have executed, or so far executed as said de- partment may require, any order, the ex- penses of such execution, 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 e.te- cuted; and said department shall take care by, or through some proper officer, or other- wise, that the expenses of such execution be so stated with fairness and accuracy; and when it shall appear that such execution, or the expenses thereof, related to several lots or buildings belonging to different persons, said affidavit shall state what belongs to, or arose in respect to each lo't of said several lots or buildings, as said bo^ard of health or its authorized officer may direct; and the cor- rectness of such apportionment of expenses, as stated in any such affidavits, shall not be called in question or reviewed elsew’here than before said board; but said board may re- vise and correct the same, as truth and justice may require. Whenever the e.xpenses attend- ing the execution of any order of said board of health may be made the subject of a suit by said department, or its assignee or the 120 THE CHARTER OP THE CITY OF NEW YORK. person having a right to recover such ex- penses, there may be joined in the same suit a claim or claims for any penalty or penalties for violations of any provisions of this chap- ter, or for the violation or omission to per- form or obey said order (or any prior order of said department), or for the not doing of that, or any portion of that, for the doing of which, said expenses arose or were incurred, and said department may make an assignment of the claim for any such penalty or penalties, to enable the claim for the same and the claim for said expenses to be joined in the same suit; and the proper joint or several judgment may be 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 executing 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 recov- ered, hereunder, or otherwise, for any such penalty or expenses, or for both such penalty and expenses together, until the same are paid or discharged, 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 occupant of the building, lots and premises, or the parts there- of to which any such order or judg- ment relates, or in respect of which any such expenses were incurred. And such ex- penses and judgments shall respectively be a lien on all compensation due or to grow due for the cleaning of any street, place, ground, or thing, or for the cleaning or removal of any matter, thing, or place, the failure to do which by the party bound so to do, or the doing of the same in whole or in part by order of said department, was the cause or occa- sion of any such charge or expense. For the purpose of rendering such lien and charge more effectual to secure payment of any such expenses or judgment, from any rent or com- pensation aforesaid, proceedings may be taken as follows: 1. The department of health, or any person owning any such judgment, or the claim for any such expenses, or having a right^to receive payment therefor, may serve a copy of the order under or by reason of which such expenses were authorized or incurred with a copy of any affidavit stating the expenses of the execution of such order, cr If the claim be a judgment, may serve a transcript of such judgment 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 compensation, or ow- ing or about to owe any rent or compensation for the use or occupation of any grounds, premises or building, or any part thereof, to which said order cr 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 compensa- tion to the extent of said claims for said ex- penses, or of any such judgment or expense In executing the same shall, when such rent or compensation becomes due and payable, be paid to the department of health. 2. After the service of the papers afore- said and such demand, any tenant, lessee, oc- cupant, or other person owing, or about to owe, any such rent or any such compensa- tion, shall, when such rent or any such com- pensation shall mature, or become payable, pay the same, and from time to time pay any other amount thereof, as the same may be- come due and payable, or so much thereof as Is sufficient to satisfy any such judgment or claim for expenses, or both, so served, to said department of health, and a receipt shall be given therefor, stating on acconnt 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 ac- connt of such department. 3. Any person or corporation refusing or omitting, as herein directed, to make such pay- ment to the department of health, after service of the paper and demand aforesaid, as herein required, shall be personally liable to said de- partment of health, or to the party owning any such claim for expenses or judgment, if not belonging to said department, for the amount that should have been paid to said department according to the provisions here- of, and may by such party or health depart- ment be sued therefor; and such persons shall not in such suit, dispute or call in question the anthority of said department of health to in- cur, or order such expense, or of its assignee therein, or the validity or correctness of such expenses or judgment in any particular, or the right of the party making such demand, or his assignee, to have the same paid from such rent or compensation. But the receipt of such department tor any sum paid as afore- said shall, in all suits and proceedings, and for every pnrpose, be as effectual in favor of any person holding the same, as actual .pay- ment of the amount thereof to the proper land- lord, lessor, owner, or other person or per- sons w'ho would, but for the provisions of this title, and of said demand, have been entitled to receive the sura so paid. And it is further expressly declared that no tenant or occupant of any lot, building or premises, or his or their assignee or lessee, shall be disposessed or dis- turbed, nor shall any lease or contract, or rights, be forfeited or impaired, nor any for- feiture or liability be incurred by reason of any omission to pay to any landlord, owmer, lessor, contractor, party, or other person, the sum so paid to said department of health, or any part thereof. Department to retain moneys till twelve days after notice. Sec. 1,280. The said department of health shall retain money so paid until twelve days after it shall be made to appear to said de- partment of health, or some proper officer thereof, by satisfactory affidavit, that the party or parties, or his or their agent for the collection of any such rent or compen- sation, 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 aforesaid, so notified, have not instituted suit to recover said money, as hereinafter provided, then it shall, by said department, be paid to any person who shall own oi have the right to recover the amount of the judgment or the claim for expenses, or so much thereof as the party may be entitled to. or on account of which the money was paid to said department, and after such payment the party or parties afore- said shall have no right to demand or re- ceive any such money, unless they shall with- in six calendar months from the expiration of said twelve days in a suit alleged that they had no notice of such payment, and shall, on the trial of such suit, prove said allegation, and also that they w'ere not liable to pay the said claim for expenses, or the said penalty or judgment, and that the said de- partment had not jurisdiction to order the expenses aforesaid, on account of which the money was so paid, or on which any such judgment w’as obtained, and in case of a re- covery in such suit it shall be only to the extent that such parties were not so liable, and in such suit any person or persons who may have received said money from said de- partment, or said department shall, by the plaintiff, be made a party defendant; and if the plaintiff shall recover such money or any part thereof, said department of health shall be entitled to any equitable judgment in snch suit which the court may see fit to direct for recovering said money back, or any part thereof, from such co-defendant, which had been paid to him by said department of health. Partie.s to snit brouglit after twelve (lays; costs against department. Sec. 1,281. In case any suit shall be brought under the last section, or before the expira- tion of the said twelve days, said depart- ment ol health shall be joined as a party de- fendant; and any person or persons ocher than said department claiming the right to receive said money on account of said order, expenses or judgment, or who has received the same, shall also by the plaintiff be made parties defendant; and no answer need De made by said department except at its option, or further than the allegation that it holds said money so paid, and is ready to pay it over, as the result of the suit may render proper, and said money shall be held by said department pending said suit, if not paid over before suit brought as aforesaid, provided said suit he diligently prose- cuted to judgment; and on its con- clusion the department of health shall cause the money, if still held by it, or the proper amount from its funds, to be paid ns the determination of the suit may render proper; and no costs in any suit in this sec- tion mentioned shali be recovered against the department of health. But to entitle a plain- tiff to recover in any such last named suit he must make the same proof and establish the same facts as are required to enable him to recover in any suit in this title mentioned, except as to notice of payment to department. TITLE 6. ABATEMENT BA' SUIT. Nuisance defined. Sec. 1,287. A wilful omission or refusal of any individnal, corporation or body to forth- with abate any nuisance, as ordered by a reso- lution of the board of health, duly served upon them pursuant to the provisions of -this act, or to conform to any ordinance of the sanitary code or any sanitary regulation of said board, duly made for the protection of life or the care, promotion or preservation of health, pursuant to its power or authority, shall be a misdemeanor, and the person or offi- cers guilty thereof shall be liable to indict- ment and punishment as for a misdemeanor. In addition thereto every person, body or corporation that shall violate or not conform to any ordinance of the sanitary cods, or any rule, sanitary regulation or special or general order of said board, duly made, shall be liable to pay a penalty not exceeding fifty dollars for each offense, v.'hich may be sued for and recovered by am', in the name of said depart- ment of health with costs, before any justice or tribunal in said city of New York having jurisdiction of civil actions. Suit.s to ahate nuisances. Sec. 1,288. For the abatement or remedying any of the nuisances mentioned or declared in this chapter or by the board of health pursu- ant to the authority devolved and conferred upon It by this act, the beard of health may institute and maintain in any court in said city having jorisdiction in suits where the amount claimed exceeds one thousand dollars, a suit or suits at law or in equity. And all costs collected in any such action or proceed- ing shall be paid over to the department and THE CHARTER OP THE CITY OF NEW YORK. 127 accounted for by it. To all sucb suits tbe provisions of this chapter, relative to juris- diction, costs, and parties, shall be applicable; and the courts shall allow the plaintiff, at any proper stage of the case, to amend, by join- ing other parties defendant; and no suit shall be dismissed or defeated by reason of there ~being other persons interested therein, or concerned in causing, creating or maintain- ing th^ nuisance complained of in such suit. Id.; trial tUereot. See. 1,289. Such suit shall be tried as an is- sue of law, and without a jury, unless some defendant shall, in his answer, or by notice ' in writing to be served on plaintiff’s attorney within five days after service of said answer, demand a trial by jury on some question of fact, to be in said answer or notice distinctly stated, and in lespect of which a right of trial by jury exists, and it any such demand be so made and served, the case shall, as to all the defendants, be placed on the calendar of jury trial cases as a preferred case; and when moved tor trial, if issues of fact for the jury have not before been settled, the presiding judge may state in writing the issues of fact to be submitted to the jury, or the trial shall proceed upon the material issues of fact made by the pleadings without such written state- ment of issues; and the judge who presided at the trial (or some judge of the same court. If said judge be unable to proceed therewith) shall, on receiving the verdict, or as soon thereafter, and at the same term, if possible, settle and cause to be entered the proper judg- ment in said suit. Id.; judgment; what to contain. Sec. 1,290. If the judgment be that any nuisance may be abated or remedied, in whole or in part, said judgment shall contain suf- ficient directions for its proper execution, and the judge shall, from the pleadings and the evidence given at the trial, find and state what proportion of the expense of such exe- cution shall be paid or be borne by each or all of the defendants, jointly or severally; and if, in the opinion of the court, any part of, or all of the expense of such execution should be bcrne by said department of health, or the execution of such judgment should be made by said department, or under its direc- tion, said judgment shall contain the appro- priate directions in respect to such last named payment or execution. Said judgment if against any defendant, shall, on its face, state that it will be a lien on the real prop- erty, and corporeal hereditaments of such defendant or defendants respectively, to which the said nuisance shall have related, till his or their proportion of such expenses of execution are satisfied, or the lien thereof shall be otherwise discharged according to law. Lien of judgment; liow removed. Sec. 1,291. Any person prejudicially affected by the lien of any such judgment may, on eight days’ notice to said department, make a motion before any judge of the court in which said judgment was rendered, for an order that the lien of such judgment be dis- charged, as to all or any specific property set forth; and If it shall appear to such judge, on the hearing of such motion, that such eight days’ notice of such motion has been given to the board of health, and that such judgment has been executed, and the expenses paid, which the lien sought to be discharged, was designed to secure; or, if a proper or suf- ficient undertaking or bond, with sureties, shall be given for the payment of such ex- penses; or if the board of health or its coun- sel shall, in writing, consent to the discharge of the last named lien, as to any or all prop- erty relerred to, or as to one or more defend- ants, then said judge may order said lien dis- charged of record by the proper officer, to the extent and as to the person or persons that the order shall specify; and it shall be so discharged; and such order and the moving papers shall be filed with the proper clerk, as the judge may direct. Appeals and stays. ■ Sec. 1,292. No appeal by any party defend- ant 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 days’ notice to said department of health, with due reference to the public interes'ts involv- ed, specially order; and if no such order shall be made, the judgment shall be executed, notwithstanding any appeal, undertaking, or security and without any liability on the part of any person by reason of. any damages or consequences growing out of the execution of said judgment. Whether the same be revers- ed or not. Al’l appeals by the defendant from any judgment in the said abatement suits, ^all be taken within ten days after notice in writing, to the defendant or his attorney, of the entry of the judgment therein, and the judge who tries the case may, in his discre- tion, order a stay as to the execution of the judgment, but only for- the period of the said ten days, and within said period of ten days an undertaking or security on appeal must be filed, oif the form and obligation required in ordinary appeals from judgments, but also to be conditioned for the payment of the ap- pellants’ adjudged share of the expenses of executing such judgment, or if not estimated in said judgment, as the judge, on applica- tion and three days’ notice to said depart- ment, shall estimate the same, in conformi- ty with the judgment, for the purpose of such security on appeal. But the execution of any judgment against the defendants shall not be delayed beyond ten days, if within that period the proper undertaking or security on appeal, approved by the judge, has not been filed, and the appeal perfected, as herein pro- vided The judgment may state the estimated expense that will have to be paid by any party toward executing said judgment; but the board of health may appeal in such case, or any case to which the health de- partment is a party within ten days after the entry of any judgment, and without giving any security; such appeal shall be effectual and shall operate as a stay on the part of the judgment In respect to Which said department appeals. Claims for penalty may he Joined in abatement snits. Sec. 1,293. 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 rea- son of. or in connection with, the nuisance complained of, or by reason of any omission or refusal of any defendant to obey or comply with any ordinance of the sanitary code or any order of the department of health touch- ing such alleged nuisance, and have the proper provision in any judgment therefor against one or more of the defendants. No motion for a new trial on a case made shall be entertained in any such abatement suit, except as a parf of, and as arising upon the papers upon a regular appeal to the appel- late division of the court, and to be heard therewith. Jndgrment of appellate division; wbat to eontaiu. Sec. 1,294. The judgment of the appellate division, if it shall, to any extent, direct any change in the judgment appealed from, but shall direct, or allow or fail to forbid the judg- ment 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 de- fendants, respectively, 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 provisions hereof as to appeals from the judgment to the appellate division, and as to tne 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 ap- peal is necessary on the part of the depart- ment 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 construed to modify the aforesaid or other provisions of the health laws as to any suits thereunder, unless such act shall specifically declare such modification to be intended. Statement of expense of execution. Sec. 1,295. Upon the execution, in whole or in part, of any such judgment, if said depart- ment shall, as it is hereby authorized to do, decide the public interest to demand only execution in part thereof, a statement of the expenses of such execution shall be made, and such expenses shall be therein appor- tioned not contrary to any provisions of said judgment; and upon the same being verified by the oath of some person who, by due au- thority, took part in, or had charge of the ex- ecution of such judgment, or by some officer of said department, such statement, entitled in the case, may be filed or given to the prop- er clerk to be filed, with such judgment; and notice of such filing or delivery, and a copy pf such statement shall be given to the attorneys of the defendant in the suit, or to the de- fendants themselves, or to some one of the joint defendants; and unless within ten days after any such notice, such defendants shall give due notice, in writing, to said department, or to the person who, as assignee, or by or- der, executed such judgment or is entitled to payment of such expenses, in case it was not executed by said department, of a motion, and serve therewith copies of affidavits to correct such statement in particulars to be mentioned, and separately and clearly stated in such affi- davit, such statement aforesaid shall be, in all suits, and proceedings, and tribunals, and at all times, deemed and taken to be final, conclu- sive and correct; and no formal defect in such statement shall in any wise vitiate the same. And on any hearing of such motion, any party in interest, or said department may read affi- davits in support of such original statement; and the finding of any judge on the hearing of such motion, as to the said statement of such expenses and other matters in such mo- tion involved, or statement contained, shall be final and conclusive and not subject to ap- peal, and such finding or statement as modi- fied by such fluding^^when filed, shall be of the same effect as such original statement would have been had no motion in regard thereto been made; and for the purpose of an execu- tion for such expense and creating a lien un- der any judgment, such statements and find- ing or modified statement shall be regarded as a part of said judgment, and the lien there- of shall extend to any amounts stated in such final statement and finding. Insofar as any judgment may be directed to be executed at the expense of said department of health, or by any party defendant at his own expense, and shall by such party defendant be so ex- 128 THE CHARTER OF THE CITY OP NEW YORK. ecuted, the expense of such execution shall not be stated or embraced In the aforesaid state- ment or finding of expenses; but if any part of the execution aforesaid, which any party should have borne or paid, shall, by reason of the delay, refusal or defective act or execu- tion of such party, or any other cause, be paid, borne, or incurred by said department of health, in and about the execution of such judgment, then the said latter expenses of said department may be embraced in said statement and finding, and collected by execu- tion as aforesaid. Elxecation thereupon. Sec. 1,296. 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 afore- said, said department, or any assignee of such department, or any other person who has ex- ecuted such judgment, or has otherwise a right to receive the expense of so doing, or the portion thereof that may be due from any defendant, shall have execution, on applica- tion ex parte, to a judge of the court in which the judgment was recovered, and such execution shall, in due form, be allowed by any such judge; such execution to be against any one or more defendants or joint defend- ants for the recovery of any amount due from such defendant, or defendants, which the party claiming such execution is entitled to receive; and such execution, except as herein specially provided, shall be of the Game effect an-d form as any execution duly issued pursuant to any judgment. But no execution shall be issued against any defend- ant 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 ad- judged against any defendant or defendants, in any such abatement suit for penalties, costs, .or for other cause than the expense of the abatement or remedying of such nui-s- ance, may be collected by separate or .other executions, other than those authorized for collecting such expenses, to be issued in due course of law. Injnnetion may be granted in abate- ment snit.s; regnisites. Sec. 1,297. In any abatement suit aforesaid the court or a judge thereof, may issue and enforce an appropriate preliminary injunc- tion, whenever it shall be asked for, by the board of health, and there shall appear to such judge to be reasonable cause therefor; and such injunction may also be granted whenever it shall be made to appear to the court or a judge thereof, by affidavit, that such injunction is needed, to prevent any il- legal act, conduct, or business aforesaid, or its continuance, or to prevent any serious danger to human life or serious detriment to health, or great public inconvenience, touching any matter or thing to which this chapter or the health laws aforesaid relate. And in any such injunction order the court may require any building, erection, or grounds to be put 211 a condition that will not be dangerous to the life or detrimental to t;he health of any occupant, before the same shall be leased, or rented, or occupied, or before any rent or com- pensation shall be collected for the rent or use of the whole or any portion of the same. In any such injunction order, and also in any Judgment in any abatement suit, the judge or court may require the tenants, lessees and occupants or either or any of them, of any such building, erection, or grounds, to pay rent thereof, or compensation therefor, due or to grow due to the health department, and said department to collect and receive and apply said rent to the payment of the ex- penses of putting any said building, erection, or ground in a condition that will not be dan- gerous to the life or detrimental to the health of any present or future tenant, lessee or oc- cupant, or of any other person; all such col- lections and payments to be made In such manner, to such extent, and on such condi- tions as the court shall by order or judgment provide; and every such payment to said de- partment, and the receipt of its treasurer for such rent or compensation, shall be as effect- ual to protect any person who has made the same, and every such tenant, lessee and occu- pant, and all his and their rights under any lease or occupation, as if such payment had been made to, and such receipt had been given by the lessor or owner, or any proper claimant of any such rent or compensation, who had, but for such order or judgment, the right and authority to receive the same. But no under- taking or security shall be required or neces- sary on the part of said department as a condition of granting such injunction or the same being effectual; and in any final judg- ment in such suit there may be enjoined what- ever, if about to happen or threatened, would be the proper subject matter of a preliminary injunction. And when the public interest ^eems 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 applica- tion by said board may be properly 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 liealtli to be paid out of its fnnds. Sec. 1,298. Whatever expenses said de partment of health may lawfully and properly incur in the execution of any judgment afore- said, or in executing or In connection with its own orders, made in good faith, or in and about the discharge in good faith of its supposed duties, or in satisfying any liabil- ity or judgment it may have in good faith incurred or suffered by reason of its acts done in good faith as aforesaid, or in satisfying any claim against its officers or subordinates, aris- ing from the'ir acts in the discharge, in good faith of their supposed respective duties, shall, so far as established, be paid out of its fund or other moneys appropriated to such purpose or to its use. TITLE 7. TENEMENT AND LODGING HOUSES. Construction generally; balls and windows, etc. Sec. 1,304. Every house, building or portion thereof, in the city of New York, used, oc- cupied, leased or rented for a tenement or lodging house must conform in its construc- tion, appurtenances and premises to the re- quirements of this title, and its use and occupation shall be regulated subject to the ordinances of the sanitary code, applicable thereto, and the orders of the board of health duly made, pursuant to its authority, duty and powers conferred and enjoined upon it in this chapter. If occupied by more than one family on a floor, and if the halls do not open directly to the external air, with suitable windows, without a room or other obstruc- tion at the end, it shall not be used, occupied, leased or rented, unless sufficient light and ventilation is otherwise provided for in said halls, approved so far as relates to construc- tion by the department of buildings, and if the building be completed, approved so far as re- lates to health and sanitary conditions, by the board of health. Deflnltions. Sec. 1,305. A tenement house within the meaning of this title shall be taken to mean and Include any house or buillding or portion thereof, which is rented, leased, let or hired out, to be occupied, or is occupied as the home or residence of three families or more living independently of each other, and doing their cooking upon the premises, or by more than two families upon any floor, so living and cooking, but having a common right in the halls, stairways, yards, water closets or privies, or some of them. A lodging house shall be taken to mean and Include any house or building, or portion 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 be- low the level of the street adjoining. Roofs and stairs and Are escapes. Sec. 1,306. 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 damp- ness in the walls, yard or area. All stairs shall be provided with proper banisters and railings and shall be kept in good repair. Every such house shall be provided with a proper fire escape or means of escape in case of fire, to be approved by the department of buildings. Sleeping rooms; ventilation. Sec. 1,307. Every house, building or portion thereof in the city designed to be used, oc- cupied, leased or rented, or which is used, occupied, leased or rented for a tenement or lodging house, shall have in every room which is occupied as a sleeping room and which does not communicate directly with the external air, a ventilating or transom window, having an opening or area of three square feet, over the door leading into and connected with the adjoining room, if such adjoining room communicates with the ex- ternal air, and also a ventilating or transom window of the same opening or area, com- municating 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 department of buildings. Water closets, privies and sinks. Sec. 1,308. Every tenement and lodging house or building shall be provided with as many . good and sufficient water closets, improved privy sinks or other similar receptacles as the department of health shall require, but in no case shall there be less than one for every fifteen occupants. The water closets, sinks and receptacles shall have proper doors, soil pipes and traps, all of which shali be properly ventilated to prevent the escape of deleterious gas and odors, soil pans, cisterns, pumps and other suitable works and fixtures necessary to insure the efficient operation, cleansing and flushing thereof. Every tene- ment or lodging house situated upon a lot on a street or avenue in which there is a sewer shall have a separate and proper, con- nection with the sewer; and the water closets. THE CHARTER OF THE CITY OF NEW YORK. 129 sinks and other receptacles shall be properly connected with the sewer by proper pipes made thoroughly air tight. Such sewer, con- nection and all the drainage and plumbing work, water closets, sinks and other recep- tacles, in and for every tenement and lodging, house shall be of the form, construction or arrangement, location, materials, workman- ship and description as may be required by the rules and regulations of the department of buildings of the city of New York. Every owner, lessee and occupant shall take ade- quate measures to prevent improper sub- stances from entering such water closets or sinks, or their connection’s, and to secure the prompt removal of any improper substances 'that may enter them, so that no accumu- lation shall take place, and so as to prevent any exhalations therefrom, offensive, danger- ous and prejudicial to life or health, and so as to prevent the same from being or be- coming obstructed. Every person who .ihall place filth, urine or fecal matter in any place in a tenement house other than that pro- vided for the same, and every person who shall keep filth, urine or fecal matter in his apartment or upon his premises such length of time as to create a nuisance shall be guilty of a misdemeanor. No privy, vault or cesspool shall be allowed in, under or con- nected 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 shail be constructed in such situation and in such manner as the department of buildings may direct. It shall in all cases be water tight and arched or se- curely 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 thereto, with which connection can be mad§, the yard and area shall be so graded that all water from the roof or otherwise and all filth shall flow freely therefrom into the street gutter by a passage beneath the side- walk, which passage shall be covered by a permanent cover, so arranged as to permit access to remove obstructions or impurities. Cellars and basements of tenement bonses not to be occupied for llv'ing- purposes, except in certain cases. Sec. 1,.?09. It shall not be lawful, without a permit from the department of buildings, to construct, during the erection of a tenement or lodging house, nor after the completion of such tenement or lodging house, any room or rooms in any basement or cellar to be occu- pied wholly or in part as a dwelling, nor shall It be lawful without a permit from the de- partment of health to let, occupy, or 'suffer to be occupied separately as a dwelling, any vault, cellar, or underground room, built or rebuilt after July first, 1867, or which shall not have been so let or occupied before said date. It shall not be lawful, without such permit, to let or continue to be let, or to oc- cupy or suffer to be occupied separateiy as a dwelling, any vault, cellar, basement, or room wholly or in part under ground, unless the same be in every part thereof at least seven feet In height, measured from the floor to the ceiling thereof, nor unless the same bo for at least two feet of its height above the surface of the street or ground adjoining or nearest to the same, nor unless there be out- side of and adjoining the said vault, cellar, room or basement, and extending along the entire frontage thereof, and upward from six inches below the level of the floor thereof up to tho surface of said street or ground, an open space of at least two feet and six inches wide in every part, nor unless the same be well and effectually drained by means of a drain, the uppermost part of which is one foot at least below the level of the floor of such vault, cellar or room, nor unless there is a clear space of not less than one foot below the level of the floor, except where the same is cemented, nor unless there be appurtenant to such vault, cellar or room, the use of a water closet or privy kept and provided as in this title required; nor unless the same have an external window opening of at least nine superficial feet clear of the sash frame, in which window opening there shall be fitted a frame filled wilh glazed sashes, at least four and a half superficial feet of which shall be made so as to open for the purpose of ven- tilation. In the case of an inner or back vault, cellar or room, let or occupied along with a front vault, cellar or room, as part of the same letting or occupation, it shall be a sufficient compliance with the provisions of this section if the front room is provided with a window, as hereinbefore provided, and if the said back cellar or room is connected with the front vault, cellar or room, by a door, and also by a proper ventilating or transom . window, and where practicable, also connected by a proper ventilating or transom window, or by some hall or passage communi- cating with the external air. In any area ad- joining a vault, cellar, underground room or basement, there may be steps necessary for access to such vault, cellar or room, if the same be so placed as not to be over, across or opposite to the said external window, and so as to allow between every part of such steps and the external wall of such vault, cellar or rooms a clear space of six inches at least, and if the rise of said steps is open; and provided further that over or across any such area there may be steps necessary for access to any building above the vault, cellar or room to which such area adjoins, if the same be so placed as not to be over, across or oppo- site to any such external window. Cellars and vaults not to Ite used for sleeping- rooms. Sec. 1,310. No vault, cellar or underground room shall be occupied as a place of lodging or sleeping, except the same shall be approved, in writing, and a permit given therefor by the board of health. No wall paper shall be placed upon a. wall or ceiling of any tenement or lodging house, unless all wall paper shall be first removed therefrom, and said wall and ceiling thoroughly cleansed. Every tenement or 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 belonging to the same. The owner or keeper of any lodg- ing house, and the owner or lessee of any ten- ement house or part thereof, shall thoroughly cleanse all the rooms, passages, stairs, floors, windows, doors, walls, ceilings, privies, cess- pools and drains of the house or part of the house of which he is the owner or lessee, to the satisfaction of the department of health, so often as he shall be required by or in ac- cordance with any order of the board of health and any regulation or ordinance of said department, and shall well and sufficient- ly, to the satisfaction of the said health de- partment, whitewash the walls and ceilings thereof once at least in every year. Transoms, -windows, doors, ete. Sec. 1.311. All transoms, windows, doors and other openings leading into halls, or into rooms opening into halls, from bakeries or I places of business, in which fat is boiled 'm the basements, cellars or on the first floors, of all tenement houses in the city of New York, shall be solidly closed with the same ma- terial as the walls or partitions in which the openings exist, so that there shall be no opening between said bakeries, or other places of business of said floor in which fat is boiled, and the other parts of the tenement house in which the same shall be situated. All tran- soms and windows opening into halls from any portion of said floor of any tenement house where paint, oils, spirituous liquors or drugs are stored, or kept for the purpose of sale, or otherwise, shall be glazed with wire glass, or they shall be removed and closed up as solidly as the rest of the wall; and all doors leading into such hall, or room from such portion of said floor, of said tenement house used as aforesaid, shall be made fireproof. Certain ocoupatioiis ami liiiKine.sN pro- liibited in tenement liouses. Sec. 1,312. Every tenement or lodging house shall have the proper and suitable conveni- ences or receptacles for receiving garbage and other refuse matters. No tenement or lodg- ing house or premises, nor any portion thereof, shall be used as a place of storage for any combustible article, or any article dangerous to life or detrimental to health; nor shall any horse, cow, calf, swine, pig, sheep, or goat be kept in said house or on the premises thereof. No bakery or place of business in which fat is boiied shall be maintained in any tenement house which is not fireproof, or where the ceiling and side walls of place where said fat boiling is done are not made safe by fireproof material around the same, except by permit of and un- der such conditions as may be prescribed by the fire department; no part of any tenement house shall be used for the storage of feed, hay or straw, except by permit of and under such conditions as may be prescribed by the fire department. Tenement.s. eto., to l»e cleansed; own- ers’ names to be resistered in depart- ment of bealtb. Sec. 1,313. Every owner of a tenement or lodging house, and every person having con- trol of a tenement or lodging house, shall file in the department of health, a notice contain- ing his name and address, and also a descrip- tion 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; and also the number of apartments in each house, the number of rooms in each apartment, the number of families occupying the apartments, and the trades or occupations carried on therein. In case of a transfer of any tenement house, or lodging house, it shall be the duty of the grantor and grantee of said tenement or 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 devo- lution of such property by inheritance with- out 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 deceased 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 intesta-te, and within thirty days after the probate of his will, if he died testate. A failure to fila 1^0 THE CHARTER OF THE CITY OF NEW YORK. such notice shall make said property, and the owners thereof, liable to a penalty of not less than ten dollars nor more thaji fifty dollars. Said penalty may be recovered in an action brought by the beaith department as provided in this act. Every person claim- ing to have an interest in any tenement or lodging house may file his name and address In the department of health. All notices and orders of the department of health required by law to be served in relajtion to a tenement or 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 suffi- cient service upon the owmer of the property affected. It shall be the duty of the depart- ment of health to cause a copy of every such notice or order to be mailed, on the same day that it is posted in the house, addressed 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; olilccrs to have access. Sec. 1,314. It shall be the duty of the hoard of health to cause a careful inspection to be made of every tenement and lodging house at least twice in each year. And whenever the board of health has made any order con- cerning a tenement or lodging house, it shall cause a reinspection to be made of the same within six days after it has been informed that the order has been served. The keeper of any lodging house, and the owner, agent of the owner, lessee or occupant of any tene- ment house, and every other person having the care and management thereof, shall, at all times, when required by any officer of the de- partment of health, or by any officer upon whom a^y duty is conferred by this title, give him free access to such house, and to every part thereof. The owner or keeper of any lodging house, and the owner, agent of the owner, and the lessee of any tenement house or part thereof, shall, whenever any person in such house is sick of fever, or of any infec- tious, pestilential or contagious disease, and information thereof has been given to such owner,keeper,agent or lessee, give immediate notice thereof to the board ofhealth.or to some officer of the same, and thereupon said board shall cause the same to be immediately cleansed or disinfected, at the expense of the owmer, m such manner as it may deem neces- sary and effectual, and it may also cause the blankets, bedding and bed clothes used by any such sick person to be thoroughly cleansed, scoured and fumigated, or, in ex- treme cases, to be destroyed. Infected and nninlinliitnble houses to be condemned by board of health. Sec. 1,31.5. Whenever it shall be certified to the board of health of the city of New York by the sanitarj' superintendent, or an assis- tant sanitary superintendent, that any build- ing or any part thereof in the city of New York is infected with contagious disease, or by reason of want of repair has become dan- gerous to life, or is unfit tor human habita- tion because of defects in drainage, plumbing, ventilation, or the construction of the same, or because of the existence 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 build- log or part thereof and to be personally served on the owner, lessee, agent, occupant, or any person having the charge or care there- of; it the owner, lessee or agent cannot be found in the city of New York or do not re- side therein, or evades or resists service, then said order may be served by depositing a copy thereof in the post office in the city of New York, properly inclosed and addressed to such owner, lessee o-r agent at his last known place of business and residence, and prepaying 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 such shorter time, not less than twenty-four hours, as in said order may be specified, be vacated, but said board of health whenever it shall become satisfied that the danger from said building or part thereof has ceased to exist or that said build- ing has been repaired so as to be habitable, may revo-ke said order. Proceedings for condemnation pre- scribed. Sec. 1,316. Whenever, in the opinion of the board of health of the city of New York, any building or part thereof in the city of New York, an order to vacate which has been made by said department, is, by reason of age, de- fects in drainage, plumbing, infection v/ith contagious disease, or ventilation, or because of the existence of a nuisance on the premises, which is likely to cause sickness among its occupants, or among the occupants of other property in the city of New York, or because it stops ventilation in other buildings, or otherwise makes or conduces to make other buildings adjacent to the same unfit for human habitation, or dangerous or injurious to health, or because it prevents proper meas- ures from being carried into effect for remedy- ing any nuisance injurious to health, or be- cause of other sanitary evils in respect of such other buildings, so unfit for human habi- tation that the evils in, or caused by said building, cannot 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 pro- vided 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 building. Said proceed- ing shall be instituted through a petition ad- dressed to said court containing a brief state- ment of the reasons therefor, and shall not be required to contain further allegations of facts than those which have actuated the board of health in this proceeding, which shall then be carried on in the manner prescribed by chapter 21 of this act. The own- er of said building, or any person in- terested therein may, in his answer, dispute the necessity of the destruction caae 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 en- hanced by reason of the same being used for illegal purposes, or being so overcrowded as to be dangerous or injurious to the health of the inmates; or 2. That the building is in a state of defect- ive sanitation, or is not in reasonably good repair; or 3. That the building is unfit and not rea- sonably capable of being made fit for human habitation; and, if the commissioners are sat- isfied by such evidence, then the compensa- tion — (a) . Shall in the first case, so far as Is based on rental, be on the rental of the build- ing, as distinct from the ground rent, which would have been obtainable if the building was occupied for legal purposes, and only by the number of persons whom the building was under all the circumstances of the case fitted to accommodate without such overcrowding as is dangerous or Injurious to the health of the inmates; and (b) . Shall in the second case be the amount estimated as tne 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 ex- penses of all such proceedings, the controller 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. Honses liereafter erected to comply with additional requirements. Sec. 1,317. No house hereafter erected shall be used as a tenement house or lodging house, and no house heretofore erected and not now used for such purpose, shall be con- verted into, used or leased for a tenement or lodging house, unless, in addition to the re- quirements hereinbefore contained, it con- forms CO requirements contained in the fol- lowing sections of this title. Construction of tenement honses and space i»rescrlbed for bnilding; the same. Sec. 1,318. It shall not be lawful, without a permit from the department of buildings, to alter, erect or convert to the purposes of a tenement or lodging house, a building on any lot where there is another building on the same lot; nor shall it be lawful to build or to erect any building on any lot whereon there is already a tenement or lodging house, unless there is a clear open space exclusively belonging thereto, and extending upward from the ground of at least ten feet between said buildings if they are one story high above the level of the ground; if they are two stories high the distance between them shall not be less than fifteen feet; if they are three stories high the distance then shall not be less than twenty feet; if they are more than three stories high the distance between them shall not be less than twenty- five feet, but when thorough ventilation of such open spaces can be otherwise secured, such distances may be lessened or modified in special cases by a permit from the depart- ment of buildings. At the rear of every build- ing hereafter erected for or converted to the purposes of a tenement or lodging house on any lot, there shall be and remain a clear open space of not less than ten feet between it and the rear end of the lot. No one con- tinuous building hereafter constructed shall be built or converted to the purposes of a tenement or lodging house in the city of New York, upon an ordinary city lot, and no existing tenement or lodging house -hall be enlarged or altered, or Its lot be dimin- ished. so that it shall occupy more than 65 per centum of the area of said lot, but where the light and ventilation of such tenement or lodging house, ai-e, in the opinion of the superintendent of buildings, materially im- proved, he may permit such tenement or lodg- ing 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 I or less in size than twenty-five by one hun- I dred feet; but this provision shall not apply THE CHARTER OF THE CITY OP NEW YQRK. 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 for corner and interior lots, the interior courts or shafts shall not be less than two feet four inches wide at their nar- rowest parts. In computing the amount of the lot covered by a building, any shaft or court of less than twenty-five square feet in area shall be considered as part of the building and not as part of the free air space. No shaft or court, over ten square feet in area, hereafter constructed in a tene- ment house or lodging house, except elevator shafts or staircase wells, shall be covered with a roof, skylight or otherwise. In all tenement houses hereafter constructed or buildings hereafter converted to the purposes of a tenement house, the stairway communi- cating between said cellar or basement and the floor next above, when placed within any such building, shall be inclosed with brick walls, and such stairway shall be provided with fire proof doors at the top and bottom of said flight of stairs. An open area, shall be constructed from the level of the cellar to the sidewalk in front and extending the full width of such houses, with a staircase to give access to the cellar from the street'. “UTiere stores are located on the first floor the area may be covered with suitable vault lights or gratings. In all tenement houses hereafter constructed, or buildings hereafter converted to the purposes of a tenement house, the openings to the elevators or lifts in the cellar, and at every opening, on every story, shall be provided with self closing fireproof doors. This provision, however, shall not apply to such elevators in tenement houses as are operated by a conductor stationed with- in the car; but if such elevators run to the cellar, they must be inclosed in the cellar with fireproof walls, and the door to the cellar, if any, must he flreproo'f and self elcsing. In all tenement house>s hereafter constructed, or buildings hereafter convert- ed to the purposes of a tenement house, all staircases shall be flreproo'f; but this provis- ion as to staircases shall not apply to' build- ings'' which are not over five stories high above the cellar, and which contain not more than three suites of rooms cn a floor. Every tenement house hereafter constructed, or buildings hereafter converted to the purpose of a tenement house, exceeding three stories in height, or having a basement with three stories above the cellar, shall have the en- trance hall and entire stairwell and stairs, built of slow burning construction or fire- proof material; no wainscoting shall be al- lowed in the main halls except of cement, or other fireproof material; at least one flight of such stairs shall extend to the roof, and be inclosed in a bulkhead building of fire- proof material. In all tenement houses here- after constructed, and buildings hereafter converted to the purposes of a tenement house, each room must have a separate win- dow opening into the outer air; each water closet must have a window opening into the outer air, and such water clcset inclosare if provided with a ventilating flue or duct, may have the window opening on any court or shaft containing at least twenty-five square feet in area; the floor of each water closet must be made waterproof with asphalt, ce- ment. tile, metal or some other waterproof material; and such waterproofing must ex- tend at least sixteen inches above the floor except at the door opening so that said flo'or can be washed or flushed out without leak- ing. The light and ventiiation of all build- ings hereafter erected for, or converted to the purpose of tenement or lodging houses, must be provided In accordance with the re- quirements of this title, and the conditions of a plan and permit previously approved in writing by the department of buildings, and no existing tenement or lodging house shall be enlarged or altered or its lot diminished without a similar permit. The department of buildings is hereby empoiwered, and directed to make rules and regulations not incoinsist- ent with the requirements of this title, and which in addition to the requirements of this title, .shall be the con- ditions of approval of the plans and permits; these lules and regulations shall gov- ern the arrangement and distribution of the uncovered area, size, lighting, location and arrangement of shafts, rooms, cellars and halls. No building or premises occupied for a tenement house shall be used for a lodging house, private school, stable or for the storage and handling of rags, but the department of health may, by a special permit, fixing the conditions thereof in writing, and providing there be the necessary cubic air space and ventilation, allow the maintenance of a pri- vate school in such a house. In case of any violation of the provisions of this section, or of any failure to comply with, or of any vio- lation of the terms and conditions of the plan for such tenement or lodging house ap- proved by the department of buildings or of the conditions of the permits granted as here- inbefore provided, or for the air, light and ventilation of the said house or premises, any court of record, or any judge or justice there- of shall have power, at any time after service of notice of violation, or of non compliance, upon the owner, builder or other person sup- erintending 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 depart- ment of buildings, to restrain by injunction order, in any action by the department of buildings or by the board of health, the fur- ther progress of any violation as aforesaid. No undertaking shall be required as a condi- tion of granting an injunction or by reason thereof. Dimensions and ventilation of rooms. Sec. 1,319. In every such house hereafter erected or converted every habitable room, ex- cept rooms in the attic, shall be in every part not less than eight feet in height from the floor to the celling; 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 window connecting with the external air, or over the door a ventilator of perfect construction, connecting it with a room or hall which has a connection with the external air and so arranged as to pro- duce a cross current of air. The total area of window or windows in every room com- municating with the external air shall be at least one-tenth of the superficial area of every such room; and the top of one, at least, of such windows shall not be less than seven feet six inches above the floor, and the upper half, at least, shall be made so as to opem the full width. Every habitable room of a less area than one hundred superficial feet, if It does not ccmmunicate directly with the external air, and is without an open fire place shall be provided with special means of venti- lation, by a separate air shaft extending to the roof, or otherwise, as the board of health may prescribe. Chimneys, a.sh x-eceptacles, water, cel- lar floor, ceilings and sun in tene- ment houses. Sec. 1,320. Every such bouse erected after 1.11 May fourteenth, eighteen hundred and slxty- seVen, or converted, shall have an adequate chimney for a stove, properly connected with one of said chimneys for every family set of apartments. It shall have proper conven- iences and receptacles for ashes and rubbish. It shall have water furnished in sufficient quantity at one o. The said courts of special ses- sions shall have jurisdiction as follows: 1. Except as otherwise provided in this title, the said courts of special sessions of the city of New York shall have in the first instance exclusive jurisdiction to hear and determine all charges of misdemeanors com- mitted within the city of New York, except charges of libel. Provided, however, that the same shall be tried in the county wherein such misdemeanors axe charged to have been committed. The said courts shall, however, be divest- ed of jurisdiction to proceed with the hearing and determination of any charge of misde- meanor in either of the following cases: First: if before the commencement of the trial in said court of any person accused of a misdemeanor, a grand jury shall present an indictment against the same person for the same offense; or Second; If, before the commencement of any such trial, a justice of the supreme court in the judicial department where such trial would be had; or, if the charge be triable in the county of New York, the recorder of the county of New York or a judge authorized to hold a court of general sessions of the peace in and for the county of New York; or, if the charge be triable in another county, a county judge of such county shall certify that it is reasonable that such charge shall be prose- cuted by indictment. No such certificate shall be made upon the application of a de- fendant, w'ithout at least two days notice to the district attorney, but pending the deter- mination of the application therefor, any just- ice or judge authorized to make such certifi- cate may order that all proceedings in the court of special sessions, except to admit to bail, be stayed for a period or for successive periods, which shall not in all exceed ten days. Upon the service of said order upon the clerk of the said court of special sessions in the .county wherein the charge is Iriahle. all proceedings thereon in said court. except to admit the defendant to bail, shall be stayed until the exp'ration of the time speci- fied in said order. Upon the filing of the cer- tificate aforesaid with the clerk of the said court of special sessions, in the county where- in the charge is triable, all further proceed- ings thereon by said court of special sessions shall be stayed, and the said clerk shall with- in five days thereafter make a return of all proceedings had in the said court of special sessions relating to such charge and transmit such return and all papers relating to such charge, together with said certificate and any undertaking given by the defendant to the district attorney of the county wherein the misdemeanor charged is alleged to have been committed. The said district attorney shall, without delay, present the said charge to the grand jury of said county. Remission of flues. 2. They shall have jurisdiction at the re- quest of a defendant to remit a fine imposed by them and in place of such fine to substitute in their discretion imprisonment. Bnstai'dy proceedings. 3. They shall have exclusive jurisdiction in the first instance of all proceedings respecting bastards within the city of New York and the jurisdiction conferred by section 838 to 860 in- clusive of the code of criminal procedure shall be exclusively exercised within said city by said courts. The application specified in sec- tion 840 of said code of criminal procedure shall be made to the court of special sessions in the county wherein a bastard is born or where the woman pregnant of a bastard likely to be born is. Application of existing laws. 4. The said co'urt and its justices shall have and exercise all the powers and jurisdiction not inconsistent with this act which on the 31st day of December, 1897, shall by law be vested in the court or justices of special ses- sions in the city and county of New York and in the police courts, police justices and courts of special sessions in any part of the territory embraced within the city of New York, as con- stituted by this act, excepting that conferred upon police justices of the City of Brooklyn by section 2,234 of the code of civil procedure; and the same jurisdiction and powers in all mat- ters relating to the administration of the crim- inal law not Inconsistent with this act, which on said 31st day of December, 1897, shall by law be vested in justices of the peace in any part of said territory. Pi’actice. Sec. 1,407. On and after the first day of Fe'bruary, 1898, all sections of the code of criminal procedure consistent with this act regulating and controlling the practice and procedure of the court of geneml sessions of the peace in the city and county of New York shall apply, as far as may be, to the practice and procedure in the said courts o-f special sessions, and shall regulate and control the practice and procedure of said courts In so far as their jurisdiction and organization will permit. All trials in said courts of special sessions provided for by this title shall he without a jury. Justices to be mugisti'n.tcs. Sec. 1,408. The justices of said courts of special sessions are magistrates, and shall have and exercise all the jurisdiction and powers noi inconsistent with this act which are by law conferred upon magistrates. Adoption o£ rules. Sec. 1,409. The justices of said courts of special sessions shall meet and adopt, and may from time to time amend or add to rules relating to the following subjects: 1. Regulating the procedure and practice of said courts. 2. Prescribing the duties of the clerks and 'other officers and attendants of said courts. Regulation of time, etc. Sec. 1,410. The justices of siaid courts of special sessions of said First and Second di- visions of the city of New York respectively shall meet and adopt and may from time to time amend or add to rules relating to the fo'llowing subjects: 1. Establishing the times and places at which said court shall he held within each of said divisions respectively. 2. Assigning the justices to hold said courts from time to time, but if any justice assigned to sit In said court at any time shall be ab- sent any other justice of the court of special sessions in the city of New York may sit in his place and sitead. Sec, 1,411. It shall be the duty of the dis- trict attorney of each of the counties of New York, Kings, Queens and Richmond, to attend in person or by an assistant at all sessions of said courts of special sessions within his county. Appeals from city magistrates. Sec. 1,412. All provisions of law conferring the right of appeal and prescribing the pro- cedure on appeal to the court of general ses- sions of the peace in the city and county of New York from any judgment or other de- termination of a police justice, including a judgment of commitment under section two hundred and ninety-one of the penal code, or of any court held by a police justice, shall apply to and regulate all appeals from ary judgment or other order or determination of a city magistrate in the county of New York and the right of appeal to said court of general sessions from such judgment or other order or determination of such city magistrate in the county of New York is hereby continued; and the like appeal is hereby granted and conferred from the judgment, order or other determina- tion of a city magistrate elsewhere within the city of New York to the county court of the county where the same is made. Appeals from special sessions. Sec. 1,413. The provisions of section 20 of chapter 601 of the laws of 1895 respecting appeals from a judgment or determination of the court of special sessions in the city and county of New York shall continue and apply to appeals from the courts of special sessions in the city of New York, as constituted by this act. Delivery of papers, ete. Sec. 1,414. On the first day of February, 1898, it shall be the duty of the police jus- tices, justices of the peace and other officers whose powers and jurisdiefio'n shall have been terminated by any of the provisions of this act or of any act abolishing towns and villages within the territory embraced with- in the city of New York, as hereby consti- tuted, or otherwise, to deliver over to the city magistrates appointed pursuant to thi.s title all papers, documents and records of their courts appertaining to their offices, and in like manner to deliver over to the justices of the court of special sessions appointed pur- suant to this act all papers, documents and records pertaining to the court of special ses- sions. Possession of court bouses. Sec. 1,415. The city magistrates and jus- tices of the court of special sessions ap- pointed or continuing in office pursuant to this title shall have on and after the said first day of February, 1895, the like access and pos- session In respect to the court houses or other places provided for the proceedings of police THE CHARTER OP THE CITY OP NEW YORK. justices wit'iin said city, as hereljy consti- tuted, as were -theretofore enjoyed by the po- lice justices in the territory embraced within said city, as so constituted. And it shall be the duty of -the city of New Yor’: and its several officers charged with duties in t^iat behalf to supply and pay for whatever may be necessary for the transaction of business of the said city magistrates and courts of spe- cial sessions and the justices thereof, and •to supply all proper court houses and accommo- dations, books, stationery and furniture, and to pay all salaries, compensations, expenses and disbursements herein authorized or au- thorized by said chapter 601 of the laws of 1895; and the board of estimate and appor- tionment shall annually Include in its final estimate such sums as may be necessary to pay such salaries, compensations, expenses end disbursements. Pending actions. Sec. 1,416. No criminal aetjon or other pro- ceeding which shall be pending in any court of special sessions or any proceeding respect- ing bastards which shall be pending before a police justice or a justice or justices of the peace within the territory embraced in the city of New York, as constituted by this act, at midnight on the thirty-first day of January, 1898, shall abate or be any wise affected by the passage of this title, and all such actions or other proceedings so pending shali thereaf- ter be continued before the court of special sessions, as provided for by this title. And any court of special sessions or justice of the peac# before whom any such action or proceeding shall be pending at said time shall have power to adjourn the same to the first day of February or some day thereafter, when the same shall be continued before the court of special sessions as herein provided for. Designation of magistrates. Sec. 1,417. The mayor of the city of New York shall on or before the twenty-fifth day of January, 1898, designate in respect to all actions and proceedings which shali be pend- ing at midnight on the said thirty-first day of January, 1898, before each of the police jus- tices and justices of the peace in the territory embraced within the said second division of the city of New York, which of the magis- trates appointed by him, pursuant to this act, shall thereafter have jurisdiction thereof, and the same shall be thereafter transferred to end continued before the several magistrates so designated respectively. Such designation shall be published by the mayor for three days prior to the first Jay of February, 1898, in the City Record, and at least once in a newsipaper published in each borough within said second division. JnsticeH to net. Sec. 1,418. Until midnight of said thirty-first day of January, 1898, the several police jus- t’ces and justices of the peace within the ter- ritory included within said second division shall continue to exercise all the authority, power, jurisdiction and duties given and im- posed upon them by law on the thirty-first day of December, 1897. TITLE 4. THE MARSHALS. Sec. 1,424. The marshals in the city of New York as heretofore known and bounded, and the marshals and constables in the cities of Brooklyn and Long Island City, and in the several towns mentioned in section 1 of chapter 1 of this act, in office at the time this act shall take effect, shall con- tinue to hold such offices and perform the duties thereof until midnight of the thirty- first day of January, one thousand eight hun- dred and ninety-eight, and said terms ol office shall then expire, except those of the marshals in the late city of New York and the marshals in the late city of Brooklyn, who shall continue to be marshals of the city of New York, as hereby constituted, till the expiration of their respective terms. Sec. 1,425. On or before the twentieth day of January, 1898, the mayor of the city of New York shall appoint ten marshals in the mamier provided in the next section, who shali hold their respective offices for si.x years, and there shall be appointed in the like manner every sixth year hereafter 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 expiration of the term and un- til a successor is duly appointed and has qual- ified. Sec. 1,426. Six of said marshals so to be appointed shall be residents of the borough of Queens and four residents of the borough of Richmond, and said marshals shall be as- signed by the mayor to such duty within the boroughs wherein they reside respectively as is or may be provided by law. Sec. 1,427. On the expiration of the terms of said marshals of the city of New York men- tioned in the last clause of section 1,424 of this act, the said mayor shall appoint their successors for terms of six years respectively. Sec. 1,428. In so far as consistent with this act, the provisions of law relating to the bonds, duties, powers and fees of marshals, and all other matters concerning marshals in the city of New York in force on the thirty- first day of December, 1897, shall apply to the marshals appointed or continued in office pur- suant to this title; provided, however, that the bonds of said marshals so appointed pur- suant to this title shall be filed in the office of the city clerk, and that in the prosecution of the official bonds of all marshals, application for leave to prosecute the same shall be made to a justice of the supreme court at chambers in the judicial department wherein the bor- ough for which such marshal shall have been appointed is situated, and such leave shall not be granted unless it appears that a tran- script of the judgment against such marshal has been filed in the office of the clerk of the county within which such borough is situated, and such justice may order such bond to be prosecuted in the municipal court of the cky of New York, or in the city court of the city ol New York if such borough be within the county of New York, or in the county cour: of the county wherein such borough lies, if in any other county. Sec. 1,429. The mayor may remove any mar- shal. after giving him an opportunity to be heard, upon charges in writing preferred against such marshal and filed with the mayor. CHAPTER XXI. THE ACQUISITION OP LANDS AND IN- TERESTS THEREIN FOR PUBLIC PURPOSES. Procedure for acquirement of lands and interests tUerein. Sec. 1,435. Whenever the city of New York, or any of the departments, including the de- partment of education, or boards of the said city government, shall be authorized by law to acquire title to real estate or any tene- ments, hereditaments, corporeal or incor- poreal rights in the same, for any public use or purpose by condemnation, the proceeding for that purpose shall be taken and conducted in the manner prescribed in this title, except as pi-ovitlod in section 1,448 of this act. Mjijis he iircjiiii'cd ; entry on |trciu« ises tor exainimition tlicr«'of. Sec. 1436. When any such lands have been selected, and the said department oi' board has determined to take proceedings for the acqui- sition of the same, said department or board shall cause two similar surveys, maps or plans thereof to be prepared, one of which shall be filed in the office of the said department or board, and the other of whir-h shall be filed in the office of the register or county clerk of the county in which the lands are situated; and it shall be lawful for the duly au- thorized agents of the said department or board, and all persons acting under its au- thority, and by its direction, to enter, in the daytime, into and upon any and all lands, ten- ements and hereditaments which it shall bo necessary to enter into and upon for the pur- pose of making such surveys, maps or plans or for the purpose of making such soundings or borings as the said department or board may deem necessary. Ai6iK>is2tmc-ial diitic.s of coanniis— sioiscis of estamjilo. Sec. 1.437. When the said maps, surveys or plans have been filed as hereinbefore provid- ed, the said department or hoard of the said city acting by and through the corporation coun- sel of said city, is hereby authorized to make application to a special term of the supreme court, in and for the judicial district in which said lands are situated, for the appointment of commissioners of estimate, and the said court shail thereupon name three discreet and disinterested persons, being residents of the city of New York, as such commissioners of estimate, for the purpose of performing the duties hereinafter mentioned. Ten days’ no- tice of such application, Sundays and holidays excluded, shall be published in the City Rec- ord and the corporation newspapers, and al- so at the option of the corporation counsel in other newspapers, not exceeding three in num- ber, published in said city of New York. Up- on the appointment of said commissioners they shall severally take and subscribe an oath or affirmation, before some officer author- ized to administer oaths, in the form required by section 1 of article 13 of the constitution of this state, which oaths shall be forthwith filed in the office of the clerk of the supremo court in the judicial district in which said lands are situated. It shall be the duty of the said commissioners, after having viewed the said lands, tenements, hereditaments and premises required for public uses and pur- poses, as above set forth, to make a just and equitable estimate of the loss and damage to the respective owners, lessees, parties and persons respectively entitled to or interested in the said lands, tenements, hereditaments and premises, and to make report thereof to the said supreme court with due diligence. Rejioi'ts of commissioners of estimate; l>reseiitation thereof to the court; when title to vest in city. Sec. 1,438. In each and all and every case when the owners, or parties Interested, or their respective estates and interests are un- known, or not fuliy known, to the said com- missioners, it shall be sufficient for them to estimate and set forth and state in their said reports, in general terms, the respective sums to be allowed and paid to the owners and pro- prietors generally of such lands, tenements, hereditaments and premises and parties in- terested therein, for the loss and damage to such owners, proprietors and parties interest- ed in respect of the whole estate and inter- est of whomsoever may be entitled unto or interested in said lands, tenements, heredity* 140 THE CHARTER OF THE CITY OP NEW YORK, ments and premises respectively, by and in consequence of the taking of the same as herein provided, without specifying the names of the estate or interests of such owners, pro- prietors and parties interested, or either of them, and upon the coming in o.f the said re- port, signed by the said commissioners, or a majority of them, the said supreme court at a special term thereof held in and for the judicial district as aforesaid, shall, by order, upon application of the said city, or the said department or board of the government there- of conducting said proceeding, after hearing any matter which may be alleged against the same, either confirm said report in whole or in part or refer the same back to the same commissioners for revisal and correction, or to new commissioners, to be appointed by the said court, to reconsider the subject mat- ter thereof, and the said commissioners to whom the said report shall be so referred shall return the said report, corrected and re- vised, 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 wfiole or in part, shall be final and conclusive, as well upon the said city and the said department or board as up- on the owners, lessees, persons and parties in- terested in and entitled to the lands, tene- ments, hereditaments and premises mentioned In said report, and also upon all other persons whomsoever. And on the final confirmation of said. report, the said city of New York, ex- cept as hereinafter provided, shall become and be seized, in fee simple absolute, of the lands included in said report, the same to be converted, appropriated and used to and for the purposes for which the same shall be ac- quired accordingly. And thereupon the said city, acting by and through the department or beard instituting and having charge of said proceeding, shall immediately take possession of the same, without any suit or proceedings at law for that purpose, and all leases and other contracts in regard to the said lands 60 taken, or any part thereof, and all cove- nants, contracts, or engagements between landlords and tenants, or any other contracting parties, shall, upon the confirmation of such reports, respectively cease and determine and be absolutely discharged according to law. WUeii title may be vested by resola- tlon. Sec. 1,439. Should the department or board of the said city government instituting the said proceeding, deem it for the public inter- est that the title to the lands and premises, or any interest therein, required for any pub- lic improvement or for any public purpose and acquired hereunder, should be acquired by the city of New York at a fixed or speci- fied time, the said department or board may direct, by resolution passed before the appli- cation to the court for the appointment of commissioners of estimate, made under sec- tion 1,437 of this act, and which said resolu- tion shall be recited in the petitio^n for the appointment of such commissioners, that at a date four months after the filing of the oaths of said commissioners, the title to any piece or parcel of land, or to any Interest therein, to be taken or acquired in the said proceeding, shail vest in the city of New York. At the expiration of said four months from the filing of said oaths, the said city of New York shall become and be seized in fee of said lands, tenements and heredita- ments and all interests therein in said resolu- tion mentioned, that shall or may be acquired as aforesaid, the same to be held, appropri- ated. converted and used to and for the pur- poses for which the said proceeding is insti- tuted. In such cases interest at the legal rate upon the sum or sums to which the own- ers, lessees, parties or persona Interested In the said real estate or interests therein are Justly entitled upon the date of the vesting of title in the city of New York, as aforesaid, from said date to the date of the payment of the award made to such owners, lessees, par- ties or persons in Interest shall be paid as hereinafter set forth. And at the expiration of the said four months and upon the vest- • ing of said title, the said city, acting by and through the said department or board con- ducting said proceeding, shall immediately take possession of the lands Included in the same and the interests thereby affected, without any suit or proceeding at law for that purpose. And all leases and other contracts in regard to said lands so taken, or any part thereof, and all covenants, contracts or en- gagements between landlords and tenants or any other contracting parties shall, upon the vesting of said title, respectively cease and determine and be discharged according to law. Notice of deposit and presentation of report; payment of awards witb in- terest. Sec. 1,440. The said commissioners of esti- mate, at least fourteen days before they pre- sent their report to the supreme court, shall deposit a true report or transcript of such estimate in the office of the department or board conducting such proceeding, for the in- spection of whomsoever It may concern, and shall give daily notice by advertisement in the City Record and the corporation news- papers, and also, at the option of the corpora- tion counsel, in other newspapers, not ex- ceeding three in number, published in said city of New York, for ten days, Sundays and holidays excluded, after depositing such re- port, of the said deposit thereof in said office, and for the day on which the said report will be presented to eaid court, and any person or persons whose rights may be affected thereby, and who may object to the same, or any part thereof, may, within ten days after the first publication of such notice, set forth their objections to the same in writing to the said commissioners, who shall, after hear- ing the parties so objecting, thereupon re- consider their said estimate and assessment, or the part or parts thereof so objected to, and in case the same shall appear to them to re- quire correction, but not otherwise, they shall and may correct' the same accordingly. The said city of New York shall, within two calendar months after the confirmation of the said report, pay to the parties entitled there- to the respective sum or sums so estimated and reported in their favor respectively, with lawful interest from the date of the confirma- tioA of the report of said commissioners, or if title to said lands shall have vested In the city under section 1,438 of this act, from the date of said vesting: and in default thereof said persons or parties respectively, his, her, of their respective heirs, executors, adminis- trators, successors or assigns, may at any time or times after application first made, by him, her.or them to the controller of the city of New York for payment thereof, sue for and recover the same with lawful interest, as aforesaid, and the costs of suit. Owners nnkuown, infants, or of nn- sonnd mind. Sec. 1,441. Whenever the owners and pro- prietors of any lands, tenements, heredita- ments and premises to be taken for any of the purposes aforesaid, or the party or parties, person or persons iutei'ested therein, or any or either of them, the said owners, proprietors. partites or persons, in whose favor any such sum or sums or compensation shall be so re- ported, shall be under the age of 21 years, non compos rnentis or absent from the city of New York; and also In all cases where the name or names of the owner or owners, parties or persons entitled unto or interested in any lands, tenements, hereditaments or premises that may be so taken for any of the purposes aforesaid, shall not be set forth or mentioned in said report; or when the said owners, par- ties or persons respectively, being named therein, cannot, upon diligent Inquiry, be found, it shall be lawful for the said city of New York to pay the sum or sums mentioned in the report as payable, or that would be coming to such owners, proprietors, parties and persons respectively, into the supreme court, to be secured, disposed of, invested and paid out, as the appellate division of the supreme court, in said Judicial district, shall direct; and such payment shall be as valid and effectual in all respects as if made to the said owners, proprietors, parties and persons re- spectively, themselves, according to their Just rights, if they had been known, and had all been present, of full age, compos mentis; and provided, also, that in all and each and every case or cases, where any such sum or sums or compensation, so to be reported by said commissioners in favor of any person or persons, party or parties whatsoever, whether named or not named in said report, shall be paid to any person or persons, party or parties whatsoever, when the same shall of right be- long to and ought to have been paid to some other person or persons, party or parties, it shall be lawful for the person or persons, party or parties to whom the said sum or sums ought to have been paid, to sue for and recover the same, with lawful interest and costs of suit, as so much money had and received to his, her or their use, by the person or persons, party or parties, respectively, to whom the same shall have been so paid. Payment of the com- pensation awarded by said commissioners of estimate to the persons named in their report (if not infants or persons of unsound mind) shall, in the absence of notice to the controller of the city of New York of adverse claims thereto, protect said city. The said commis- sioners of estimate shall include and set forth in their report the names of the respective owners, lessees, parties and persons entitled unto or interested in said report, and each and every part - and parcel thereof, as far as the same shall be ascertained by them, and add a designation and description of such respect- ive lands and parcels of land aforesaid, and also the several respective sums estimated as and for the compensation and recompense or allowance to be made for the loss and damage of the respective owners of the fee or inherit- ance of such lands, tenements, hereditaments and premises respectively, and for the loss and damage of the respective owners of the leasehold estate, or their interest therein, sep- arately. And the said commissioners shall also include in said report the amount of their fees and all costs and disbursements for ex- penses of surveys, maps and other things. Appeal. Sec. 1,442. Within twenty days after notice of the confirmation of the report of the com- missioners as provided for in section 1,433 of this act, any party interested and deeming himself or themselves aggrieved may appeal by notice in writing to the other party, to the appellate division of the supreme court in said Judicial district from the appraisal and report of the commissioners. Such appeal shall be heard on due notice thereof, being given according to the rules and practice of said court. On the hearing of such anpMi^ THE CHARTER OF THE CITY OF NEW YORK. 141 the court may direct a new appraisal and determination of any question passed upon, by the same or new commissioners, in its dis- cretion, , but from any determination of the special term an appeal may be taken upon the merits to the said appellate division of said court and from any determination of the said appellate division any party, if aggrieved, may take an appeal to the court of appeals, hut only as to a question affecting the prin- ciple of the assessment of damages by the said commissioners. In the case of a new appraisal the second report shall be filed and notice thereof given, and such review upon appeal or otherwise be had as in the case of an original report, and so from time to time until a report shall be presented which the said court at special term shall finally af- firm, and shall be affirmed upon appeal, should any appeal be taken. But the taking of an appeal by any person or persons shall not operate to stay the proceedings under this title except as to the particular parcel of real estate with which the said appeal is concern- ed. Such appeal shall be heard upon the evidence taken before such commissioners, and any affidavits as to irregularities. Removal, etc., of commissioners of estimate. . Sec. 1,443. In case of death, resignation, in- sanity, disqualification, refusal or neglect to act, or removal of any such commissioner of estimate appointed as in this chapter pro- vided, it shall and may be lawful for the court aforesaid, at a special term thereof, held in the judicial district as aforesaid, on the application of the department or board of the cUy of New York, conducting said pro- ceeding, as often as such event may happen, to appoint a discreet and disinterested person, being a resident of the said city of New York, in the place and stead of such commissioner so dying, resigning, becoming insane or dis- qualified, refusing or neglecting to act, or re- moved, and the surviving commissioners, as the case may be, shall have full power to proceed in the execution of the duties of their appointment until the successor of the com- missioner so dying, becoming insane, resign- ing, being disqualified, neglecting or refus- ing to act, or renoved, shall be appointed. Ten days’ notice of said application shall be given to all parties who have appeared in the proceeding. Powers of commissioiiei's and of a majority thereof; fees, expenses. Sec. 1,444. In each and every case of the ap- pointment of commissioners under this act, it shall be competent and lawful for any two of such commissioners so ap- pointed as aforesaid, to proceed to and execute and perform the trusts and duties of their said appointment, and their acts shall be as valid and effectual as the acts of all the commissioners if they had acted together would have been; and further, in all cases, the acts, proceedings and decis- ions of a major part of such of the commis- sioners as shall be acting in the premises, shall be as valid, binding and effectual as if the said commissioners named and appointed for such purposes had all concurred and joined therein. In the said proceedings, any of the said commissioners of estimate may issue subpenas and administer oaths to witnesses. The commissioners appointed under and by virtue of this title, who shall enter upon the duties of their appointment, shall each be entitled to receive such compensation as shall be awarded by the court, upon the confirma- tion of their respective reports, not exceed- ing ten dollars for each day upon which they shall meet and be actually and necessarily employed in the performance of their duties as commissioners, beside all reasonable ex- penses, to be taxed and allowed by said court for maps, surveys, clerk hire, and other neces- sacy expenses and disbursements, and the same shall be included in, considered and paid as part of the expenses of acquiring the lands or interests therein for the acquirement of which the said proceeding is instituted. Amendments of defeets. Sec. 1,445. The special term of the supreme court, in the judicial district, as aforesaid, shall have power at any time to amend any defect or informality in any of the special pro- ceedings authorized by this chapter that may be necessary, or to permit any person having an interest therein, to be made a party there- to, or to relieve from any default, mistake or irregularity, or to direct such further notices to be given to any party in interest as it deems proper. And the said court may, at any time, remove any of said commissioners of estimate who, in its judgment, shall be in- capable of serving, or who shall, for any rea- son in its judgment, be an unfit person to serve as commissioner. The cause of such removal shall be specified in the order mak- ing the same. If iji any particular it shall at any time be found necessary to amend any pleading, proceeding, or to supply any defect therein arising in the course of any special proceeding authorized by this aot, the same may be amended or supplied in such a man- ner as shall be directed by the said special term of the supreme court, which is hereby authorized to make such amendment or cor- rection. Corporation counsel to appear and protect interests of tlie city. Sec. 1,446. The corporation counsel shall, either in person, or by such counsel as he shall designate tor the purpose, appear for and protect the interests of the city in all such proceedings in court and before the commissioners of estimate. Source of payment of awards and ex- penses. Sec. 1,447. The amounts of the awards made in a proceeding brought under this chapter for the value of lands and interests therein taken hereunder, shall be paid out of the fund cre- ated by the act authorizing the acquirement of the said lands or interests therein, and the money for the payment thereof, together with the tees of the commissioners of estimate, the compensation of such necessary clerks cr assistants as they may employ, and all other necessary expenses in and about the special proceeding instituted under this chapter, in- cluding the fees of counsel employed by the cor- poration counsel in the proceeding, and all other reasonable expenses incurred by said corporation counsel in the conduct of said proceeding, shall be also paid out of the said fund so provided. Such fees and expenses shall not be paid until they have been taxed at a special term of the supreme court in the judicial district as aforesaid, upon five days’ notice to the corporation counsel of the city of New York. Upon such taxation due proof of the nature and extent of the services ren- dered and disbursements charged shall be fur- nished, and no unnecessary costs or charges shail be allowed. .4.11 such costs, fees and ex- penses or disbursements to be taxed, as afore- said, shall be stated in detail in the bill of costs and charges and expenses, and shall be accompanied by such proof of the reasonable- ness and necessity thereof, as is now required by law and the practice of the said court upon taxation of costs and disbursements in other special proceedings or actions in said court. Wliat proceedings excepted from pro- visions of this chapter. Sec. 1,448. The provisions of this chapter shall not apply to any proceedings for the pur- pose of opening any streets, avenues, or ijublic places, parks or parkways, or to any proceed- ings for the improvement of or in connection with the water supply of the city of New York, or for the acquisition of iands for sewers or drains as provided in section 561 of this act, or for the acquisition of wharf property for the improvement of the water front of said city, or to any proceedings, of any nature, instituted prior to the time of the taking effect of this act, and such proceeding shail be conducted in all respects as if tb»s act had not been passed. CHAPTEE XXII. GENERAL, ST.A'rLTI6S. Title 1. The Streets. 2. Amusements. 3. Birds. 4. Commercial paper during epidemio. 5. Pharmacists and druggists. 6. Board of City Record. 7. General provisions. 8. Coroners. TITLE 1. 'FHE STREETS. Municipal Es.sembly to I'egulate driv- ing', etc. Section 1,454. The municipal a.ssembly is hereby authorized and empowered to pass or- dinances regulating the rate of speed at which horses shall be driven or ridden, and at which .vehicles shall be propelled through any street within the city of New York, and to pass ordinances regulating the use of the streets in said city by foot passengers, vehi- cles and animals. Any person violating any ordinance so passed shall be deemed guilty of a misdemeanor and upon conviction thereof by any magistrate, either upon confession of the party or competent testimony, may be fined for such offense any sum fixed by such ordinance as a penalty not exceeding $10, and in default of payment of such fine, may be committed to prison by such magistrate until the same be paid; but such imprisonment shall not exceed ten days. Until the munic- ipal assembly shall pass ordinances regulating the matters which by this title to such mat- ters in the different parts of the city of New York as it is authorized to regulate, the laws and ordinances now applicabie constituted by this act, shali continue and remain in full force and effect. Law of the road. Sec. 1,455. In all cases of persons meeting each other in any street in the city of New York, in carriages, wagons, carts, bicycles, tricycles or sleighs, each person so meeting shall go to th*t side of the street on his right, so as to enable the carriages, wagons, carts, bicycles, tricycles or sleighs so meeting to pass each other, under the penalty of five dol- lars for every offense, to be recovered by an action with costs of suit, in any court hav- ing cognizance thereof, by any person suing for the same. The proprietor of the carriage, wagon, cart, bicycle, tricycle or sleigh, neg- lecting or refusing to turn to the right, as above directed, shall be considered if pres- ent 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 tri- cycle shall be so considered. RiiLbisli, nails, etc., not to be thi'owu in the streets. Sec. 1,456. No person or persons shall throw, cast or lay, or direct, suffer, or per- mit any servant, agent, or employe to throw, cast or lay any ashes, offal, ve'getables, gap- 142 THE CHARTER OF THE CITY OF NEW YORK. bage, dposis, cinders, shells, straw, shavings, paper, dirt, filth or rubbish of any kind what- ever, in any street in the city cf New York. The willful violation of any of the foregoing provisions of this section shall 'be and is hereby declared to be a misdemeanor, and shall bo punished by a fine of not less than one dollar nor more than ten dollars, or by Imprisonment for a term of not less than one, nor mt.re than five days. It shall be a misderneanor, punishable by a fine of not more t)n.-ai five dollars for the first offense nor mere than ten dollars for the second of- fense, and for the third offense 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 imprisonment, for any person being the owner or the agent, or the employe of the owner of any truck, cart, wagon, cr other vehicle, or of any box, barrel, bale of mer- chandise, or other movable property, to leave, cr suffer or permit to be left, such truck, cart, wagon or other vehicle unharnessed upon any pu'bl'ic 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 cf docks, to leave, or suffer or permit to be kept, any such barrel, box. bale, or other property, or to ereot cr cause to 'be erected, any shed, building or other obstruction upon any such public street; except that in case of an accident to a truck, cart, wagon or other vehicle, the owner or driver of said truck, cart, wagon or other vehicle, if it be disabled by such accident, shall be allowed a reasonable time, not exceeding three hours, to remove it. Every person who shall 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 New York, open for the passage of animals, any nails, pieces of metal, glass or other substance or thing which might maim, wound, lame, cut or otherwise injure any animal, shall be guilty of a misdemeanor. Every person who shall willfully throw, ex- pose 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 saltpetre, for the pur- pose of dissolving any snow or ice which may have fallen or been deposited thereon, shall be guilty of a misdemeanor. any street of the city, excepting only funeral processions engaged in the actual burial of the dead, and processions to and from any place of worship in connection with a re- ligious service there celebi'ated, are forbid- den; and in no such excepted case shall there be any music, fireworks, discharge of can- non or firearms, 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 celebrated. Every person willfully violating any pro- vision of this section or any ordinance passed by the municipal assembly pursuant to the last preceding section shall be guilty of a mis- demeanor punishable with a fine not exceed- ing $20 or imprisonment not exceeding ten days, or both, at the discretion of the court. Stages ami oninlbases; consent of l»roperty owners necessary before francliise granted. Sec. 1,458. No stage or omnibus route, or authority to run stages or oiiinibuses in the city of New York, shall hereafter be granted by the municipal assembly unless a majority of -the owners of property upon the streets in or upon wliich any such route or privilege is to be operated shall, before the municipal assembly act on the subject, first consent in writing thereto. Id.; application to mayor, etc., before route established. Sec. 1,459. Before any route for the run- ning of omnibuses or stages shall be estab- lished or allowed to be operated in said city, except; as provided in section fourteen hun- dred and fifty-eight of this act, the applica- tion therefor shall be made in writing to the mayor of said city, specifying the route pur- posed to be established and the number of stages or omnibuses proposed to be run there- on; and unless the said mayor shall commu- nicate such applicacion to the municipal as- sembly with his approval thereof, and said municipal assemibly after receiving such com- munication and approval shall vote in favor thereof by a three-fourths vote of all the members elected to each house, no such route shall be establi.shed or operated; and upon such favorable action such route may be established and operated ac- cordingly, and the ownership thereof may be transferred. Id.; stage route to be disposed of like otlier franebises. Processions and i>arades; regulations concerning. Sec. 1,457. All processions or parades occu- pying or marching upon any street, to the exclusion or interruption of other citizens in their individual right and use thereof (ex- cepting the national guard and the police and fire departments, and associations of veteran soldiers) are forbidden unless written notice of the object, time and route of such pro- cession or parade be given by the chief officer thereof, not less than six hours, previous to its forming or marching, to the police au- thorities of the city, and it may be lawful for said police authorities to designate to such procession or parade how much of the street in width it can occupy, with especial reference to crowded thoroughfares through which said procession may move, and, when so designated, the chief officer of said proces- sion or parade shall be responsible that the designation is obeyed; and it shall be the duty of the police authorities to furnish such escort as rnay be necessary to protect persons and property and maintain the public peace and order. All processions or parades on Sunday, in • Sec. 1,460. Any scage route or privilege hereafter granted by ■the municipal assembly sha*il be disposed of in the manner provided by law for the disposition of the franchises of said city. Id.; not to be rnn except in conformity with preceding seetion.s. Sec. 1,461. It shall not be lawful to run stages or omnibuses in the city of New York, as constituted by this act, except in conform- Ry with the preceding sections. Willfnlly breaking street lamps, etc. Sec. 1,462. 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 abetting 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 cred- ible witness 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 b» lawiul for such recorder or justice, before whom such conviction shall take place, to commit such offender to the penitentiary, there to remain until such fine and costs are paid; but not longer than for the space of two months, and if any such offense shall be com- mitted by any apprentice or servant, such for- feiture shall be paid by his or her master or mistress, or in default thereof, such appren- tice or servant shall be committed to such penitentiary in manner aforesaid. Id.; detaining offender until name aNcerlaincd. Sec. 1,463. It shall and may be lawful to and for any sheriff, deputy sheriff, marshal, or member of the police force, who shall sea any person commit any of the mischiefs or trespasses aforesaid, if such 'person or per- sons shall be unknown to such sheriff, deputy sheriff, marshal, or member of the police force, to seize, secure, and detain such offend- er so unknown to him as aforesaid, until he can discover the name of such offender, or until the next morning (if the offense shall be commiUed in the night time and the of- fender shall refuse to discover his or her name) when such offender shall be brought before the recorder or one of the city magistrates, who on conviction of such offender shall proceed against him or her in the manner hereinbefore directed; and further, in case any person shall commit any or either of the offenses aforesaid in the presence of such sheriff, deputy sheriff, mar- shal, or member of the police force, then every such sheriff, deputy sheriff, marshal or mem- ber of the police force shall forthwith give information thereof to such recorder or either of the city magistrates, in order that such of- fender may be convicted thereof and pun- ished. Id.; preceding sections no bar to suit by person injured. Sec. 1,464. Neither the two preceding sec- tions, nor anything therein contained, shall bar or preclude any person or persons from re- covering his, her or their damages against any other person or persons who shall be guilty of any of the mischiefs or trespasses aforesaid, but the same may be recovered in the same manner as if they had never been passed. Id.; informer relieved of penalty, etc. Sec. 1,465. If two or more persons shall have been jointly concerned in committing any of the offenses aforesaid, and one or more of them (not being before informed against) shall within the space of one month after the offense committed, inform against any or all the other or others concerned in the same offense so as to convict him, her or them, the person so informing shall not be liable to the payment of the fine hereinbefore mentioned. Definition of “street.” Sec. 1,466. Whenever the word "street” or the plural thereof occurs in this title, it shall be deemed to include, unless otherwise expressly stated, all that is included by the terms "street, avenue, road, alley, lane, high- way, boulevard, concourse, public square and public place,” or the plurals thereof, respect- ively. TITLE 2 . AMUSEMENTS. Public exbibitions to be licensed. Sec. 1,472. It shall not be lawful to exhibit to the public in any building, garden or grounds, concert room or other place or room within the city of New York, any interlude, tragedy, comedy, opera, ballet, play, farce, minstrelsy or dancing, or any other entertain- ment Of the stage, or any part or parts there- 143 THE CHARTER OF THE CITY OF NEW YORK. In, or any equestrian, circus or dramatic per- formance, or any perfomance of jugglers, or rope dancing, or acrobats, until i license for the place of such exhibition for such purpose shall have been first had and obtained, as hereinafter provided. Police department grants license; fee; penalty for neglect to obtain license. act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by im- prisonment in the penitentiary for a term not less than three months nor more than one year, or by a fine not less than $100 nor more than $500, or by both such fine and imprison- ment. Police, etc., to arrest offenders. Sec. 1,473. The police department is here- by authorized and empowered to grant such license, to continue in force until the first day of May next ensuing the grant thereof, on receiving for each license so granted, and before the issuing thereof, the sum of five hundred dollars; and every manager or pro- prietor of any sifeh exhibition or performance who shall neglect to take out such license, or consent, or cause, or allow any such exhibi- tion or performance, or any single one of them without such license, and every person aiding in such exhibition, and every owner or lessee of any building, part of a building, garden, grounds, concert room or other room or place, who shall lease or let the same for the purpose of any such exhibition or perform- ance, or assent that the same be used for any such purpose, except as permitted by such license, and without such license having been previously obtained and then in force if the same shall be used for such purpose, shall be subject to a penalty of $100 for every such ; exhibition or performance, which penalty | shall be prosecuted, sued for and recovered in | the name of the city of New York, and shall be paid to the chamberlain of the city of New York, to be paid into the treasury of said chy. Id.; commatation of license fee. Sec. 1,474. The said police department is hereby authorized to grant licenses for said exhibitions or performances for any term less than one year, and in any case where such license is for a term of three months or less, the said police department is hereby author- i ized to commute for a sum less than $500, but | in no case less than $250 for a theater, or $150 tor a circus, concert room, or other building or place whatsoever. Id.; fees to l»e paid over to controller. Sec. 1,475. Upon granting every such license authorized by this title, the said police de- partment shall receive from the person to whom the same shall be granted the amount payable for said license, as above provided, which amounts as respectively received by it shall be paid over to the controller of the city of New York, to be paid into the treas- ury of said city. Sec. 1,478. It shall be the duty of every sher- iff. 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 persons violating any provisions of sections 1,472 and 1,473 of this act, forthwith, before any city magistrate or recorder having jurisdiction in said city, there to be dealt with according to law. Corporation connsel may enjoin ex- liibitions vrithont license. Sec. 1,479. In case any person shall open or advertise to open any theater, circus or building, garden or ground, concert room or other place for any such exhibition or per- formance in said city, referred to in section fourteen hundred and seventy-two of this act without first having obtained a license there- for, as provided for by section fourteen hun- dred and seventy-three of this act, it shall and may be lawful for the corporation counsel of the city of New York to apply to the supreme court, or any justice thereof, for an injunc- tion to restrain the opening thereof until he shall have complied with the requisites of said section in obtaining such license and also with such order as to costs as such court j or justice may deem just and proper to make; I which injunction may be allowed upon a com- ! plaint to be in the name of the city of New ; York in the same manner as injunctions are now usually allowed by the practice of said court. Any injunction allowed under this section may be served by posting the same upon the outer door of the theater or circus or building wherein such exhibitions may be proposed to be held, or if the same shall be in a garden or grounds, then by posting the same at or on or near the entrance way to any such place of exhibition; and in case of any proceeding against the manager or pro- prietor of any such theater, circus, or build- ing, or garden or grounds, as aforesaid, it shall not be necessary to prove the personal service of the injunction, but the service here- inbefore provided shall be deemed and held sufficient. Preceding sections not ai»i»llcal»le to certain performances. Revocation of license. Sec. 1,476. Any license provided for by the preceding sections may be revoked and an- nulled by any judge or justice of any court of record in said city upon proof of a violation of any of the provisions of this title; such proof shall be taken before such judge or justice, upon notice of not less than two days to show cause why such license should not be revoked; said judge or justice shall hear the proofs and allegations in the case, and determine the same siimmarily; and no appeal shall be taken from such determination; and any person I whose license shall have been revoked or an- nulled shall not thereafter be entitled to a li- cense under the provisions of said sections; on any examination before an officer, pursu- ant to a notice to show cause as aforesaid, the accused party may be a witness in his own behalf. Penalty for violating proviHionx of tlilH title. Sec. 1,477. Any person violating any of the provisions of sections 1,472 and 1,473 of this Sec. 1,480. The provisions and reauirements of sections fourteen hundred and seventy-two to fourteen hundred and seventy-nine of this act, inclusive, shall not be held to apply to any building, hall, room or rooms, in which i only private theatricals, tableaus and other i exhibitions for charitable and religious pur- i poses are given, nor to the manager nr man- agers of exhibitions given by amateurs for the benefit of any church, mission, parish or Sunday school, or for any other charitable or religious purpose, nor shall the same be held to apply to the masonic temple in New York, or the trustees of the masonic hall and asylum fund, so long as the revenues of said temple shall continue to be applied to the use of the masonic hall and asylum, or other char- itable purpose, nor to the educational alli- ance, or to the directors or officers of said society as such with respect to any building which shall in whole or in part be owned or leased by said society, while so owned or leased, so long as the revenue thereof shall •continue to be applied to the support of said society and to the religious, charitable, social, educational, or literary purposes of said so- ciety. K.-vliibitioiiH on Siiudny prohibited. Sec. 1,481. It shall not be lawful to ex- I hiblt, on the first day of the week, commonly called Sunday, to the public, in any building, garden, grounds, concert room or other room or place within the city of New York, any interlude, tragedy, comedy, opera, ballet, play, farce, negro minstrelsy, negro or other danc- ing, or any other entertainment of the stage, or any part or parts therein, or any eques- trian, circus or dramatic performance, or any performance of jugglers, acrobats or rope dancing. Any person offending against the provisions of this section, and every person aiding in such exhibitions by advertisements or otherwise, and every owner or lessee of any building, part of a building, ground, garden, or concert room, or other room or place, who shall lease or let out the same for the purpose of any such exhibition or perform- ance, or assent that the same be used for any such purpose, shall be guilty of a misde- meanor, and in addition to punishment there- for provided by law, shall be subject to a penalty of five hundred dollars, which pen- alty the corporation counsel of said city is hereby authorized in the name of the city of New York to prosecute, sue for and recover; in addition to which every such exhibition or performance shall of itself forfeit, vacate and annul and render void and of no effect any license which shall have been previously ob- tained by any manager, proprietor, owner or lessee consenting to, causing or allowing, or letting any part of a building for the pur- pose of any such exhibition or performance. lUlnors under fourteen unaccompanied by adult not to be admitted to thea- ters at night. Sec. 1,482. It shall not be lawful for any owner, lessee, manager,' agent or officer of any theater in the city of New York to admit to any theatrical exhibition held in the even- ing any minor under the age of fourteen years, unless such minor is accompanied by, and is in the care of some adult person. Any person violating the provisions of this sec- tion 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 moneys recovered under the provisions of this section, for fines, shall be paid over to the controller of said city, to be paid into the treasury of said city. Prohibition of sale of spirituous liquors and employment of female waiters. Sec. 1,483. It shall not be lawful to sell or furnish any wine, beer, or Strong or spiritu- ous iiquors, to any person in the auditorium or lobbies of any place of exhibition or per- formance mentioned in section one thousand four hundred and seventy-two of this act, or in any apartment connected therewith by any door, window, or other aperture, except that the police department may, in its discretion, and subject to such regulations and restric- tions as it may determine, permit the same to be sold or furnished while concerts, consist- ing of vocal or instrumental music only, are being given in a place duly licensed by it as hereinbefore provided. Such permission shall only be operative so long as it shall be law- ful under the laws of this state to sell or furnish wine, beer, or strong or spirituous liquors at such place, and may be revoked at any time by the police department. It shall not be lawful to employ or furnish or permit or assent to the employment or attendance of any female to wait on, or attend in any manner, or furnish refreshments to the au- dience or spectators or any of them, at any 144 THE CHARTER OF THE CITY OF NEW YORK. of the exhibitions or performances mentioned In said section, or at any other place of public amusement in the city of New York. The provisions of this act shall not be construed to interfere with the right of any Incorporated or other society, organized and maintained for the cultivation of vocal or in- strumental music, to exercise and practice the same in good faith for themselves only, and not for the observation and enter- tainment of the public: nor shall the use or occupation by any such society for the pur- poses aforesaid of any hall or room connected with any place wherein by the laws of this state it is lawful to sell wine, beer, or strong or spirituous liquors be construed to make such place a place of public amusement with- in the provisions of this act. Violation of preceding section annnls license. Sec. 1,484. No license shall be granted for any exhibition or performance given in viola- tion of the preceding section, and any and every exhibition or performance at which any of the provisions of the said section shall be violated, shall of itself vacate and annul and render void and of no effect any license which shall have been previously obtained by any manager, proprietor, owner or lessee con- senting to, causing or allowing or letting any part of a building for the purpose of such ex- hibition and performance. Violation of any- provision of the two precetling sections a misdemeanor. Sec. 1,485. Any person violating any of the provisions of the two preceding sections, or employing, or assenting to the employment or attendance of anv oerson contrary to the provisions of said sections shall be deemed guilty of a misdemeanor, and upon convic- tion shall be punished by imprisonment in the penitentiary for a term not less than three months nor more than one year, or by a fine not less than $100 nor more. than $500, or by both such fine and imprisonment. Police, etc., to enter places of amnse- inent and arrest offenders. Sec. 1,486 It shall be the duty of the sheriff, deputy sheriff, constable and of every mem- ber of the police force to enter at any time said places of amusement, and to arrest and convey any person or persons violating any provision of the three preceding sections, forthwith, before any city magistrate or re- corder having jurisdiction in said city, there to be dealt with according to law. Doors and exits to be conspicuously numbered; diagrams to be i>rinted on programmes. Sec. 1,487. The owner, lessee, manager, or other person or persons, having charge or control of any theater shall cause each and every door and means of exit to be used in case of fire or panic, to be conspicuously numbered, so as to be visible to the audience, by whom the same may be used, and shall have or cause to be printed in conspicuous type a plan or diagram and explanation showing each of said exits thereon, and referring to the numbers aforesaid, and the same shall be printed in conspicuous type, as aforesaid, on the pro- gramme or bill of the play. Any and all per- sons who shall violate any of the provisions of this section, or fail to comply therewith, or any requirement thereof, shall severally, for each and every violation and non-compli- ance, respectively forfeit and pay a penalty In the sum of $50; to be sued for and recov- ered in the same manner as violations of the building laws in the city of New York are now sued for and recovered pursuant to the provisions of this act. TITLE 3. BIRDS. .Killing or selling certain birds pro- hibited. Sec. 1,493. No person shall kill, wound, trap, net, snare, catch with bird lime, or with any similar substance or drug, or in any other manner capture or sell, expose for sale, or transport during the months of April, May, June July, August, September or October, in any year any bird of song, or any linnet, bluebird, yellow hammer, yellow bird, thrush, woodpecker, cat bird, pewee, swallow, martin, blue Jay, oriole, kildee, snow bird, grass bird, grosbeak, phoebe bird, humming bird, black- bird, wren, excepting birds bred in a cage or imported from Europe or the southern United ^States. No person shall kill or expose for sale or have in his possession after the same has been killed, any robin, meadow lark or star- ling, between the first day of January and the fifteenth day of October, save only when such birds are killed on the premises of the persons killing and while they are destroying fruit. This section shall not apply to any person who shall kill any bird for the purpose of studying its habits or history, or having the same stuffed and set up as a specimen. Any person violating this section shall be deemed guilty of a misdemeanor, punishable by imprisonment in the county jail or peniten- tiary,. of not less than five or more than thirty days, and shall also be liable to a pen- alty of fifty dollars, to be recovered with costs, by any person suing therefor in his own name. In all actions for the recovery of pen- alties under this section one-half of the recov- ery shall belong to the plaintiff, and the re- mainder- shall be paid to the chamberlain. TITLE 4. COMMERCIAL P.\PER DURING EPIDEMIC. Persons, etc., in infeotetl district niny names, etc., registered by city clerk. Sec 1.499. Whenever the board of health shall, by public notice, designate any portion or district of the city of New York as being the seat of any infectious or contagious dis- ease, and declare communication with such portion or district dangerous, or shall pro- hibit such communication, it shall be the duty of the city clerk during the continuance of such disease in such district to provide and keep in his office a book tor the purpose of registering, in alphabetical order, the names, firms and places of business of any inhabi- tant of the city who shall desire such regis- try to be made. Id.; most register place at -wliieli eom- mercial paper to be presented. Sec. 1.500. It shall be the duty of all per- sons and firms usually resident or doing busi- ness within such infected district to register in the book so provided by the said city clerk their names or firms, with the place or places out of such infected district, but with- in the city of New York to which they may have removed the transaction of their busi- ness, or to which they may desire any notices to be sent or served, or any notes, drafts or bills to be presented for acceptance or for payment. The sum of twenty-five cents may be claimed and received by the said clerk for every such registry; but the book in which the same shall be entered shall be at all times during office hours open to public examination free of all charges. Commercial paper may be presented at place designated. Sec. 1,501. During the continuance of any such disease in such infected district all drafts, notes and bills, which by law are re- quired to be presented for acceptance or for payment, may be presented for such purpose at the place so designated in such registry, and all notices of non-acceptance and non- payment of any note, draft or bill, or of pro- test, for such non-acceptance or non-payment, may be served by leaving the same at the place so designated. Oil failure to register,* commercial paper may be presented to city clerk. Sec. 1,502. In ease any person or firm usu- ally resident or doing business within such infected district shall neglect to make and cause to be entered in the book so provided, the registry herein required, all notes, drafts, or bills which by law are required to be pre- sented to such person or firm for accentance or for payment, may be presented to the said city clerk during the continuance of such dis- ease at any time during office hours, and de- mand of acceptance or payment thereof may be made of the said clerk, to the same purpose and with the same effect as if the same had been presented, and acceptance or payment de- manded of such person or firm at their usual place of doing business. On failure to register, notice of pro- test, etc., may be served by leaving at post office. Sec. 1,503. In case of the omission to make the registry herein required, all notices of the non acceptance or non payment of any note, draft or bill, or of protest for such non ac- ceptance or non payment, may be served on any person or firm usually resident or doing business within such infected district, by leaving the same at one of the post offices for the said city, which service shall be as valid and effectual as if the notices had been served personally on such person or one of such firm at his or their usual place of doing business. Wben epidemic deemed to bave sub- sided. Sec. 1,504. Whenever proclamation shall be made by the board of health or other proper authority of the city, that an infectious or contagious disease in any such infected dis- trict has subsided, it shall be deemed to have subsided, for all purposes contemplated in this title. TITLE 5. PHARMACISTS AND DRUGGISTS. Registered pharmacists only to con- duct pharmacy, except, etc. Sec. 1,510. It shall be unlawful for any per- son unless a registered pharmacist within the meaning of this title to open or conduct any pharmacy or store for retailing, dispensing or compounding medicines or poisons in the city of New York, as constituted by this act, except as hereinafter provided; provided that the widow or legal representative of a de- ceased person who was a registered pharmacist within the meaning of this title may continue the business of such deceased pharmacist, provided that the actual retailing, dispensing or compounding of medicines or poisons be only by a person who is a registered phar- macist within the meaning of this title. Id.; iiualiflcations of registered phar- macists. Sec. 1,511. Any person, in order to be regis- tered, shall be either a graduate in pharmacy or a licentiate in pharmacy or a graduate hav- THE CHARTER OP THE CITY OF NEW YORK. 14 .’) Ing a diploma from some legally constituted medical college or society. But a license as a pharmacist granted any person after the examination by any board of phai macy legaliy created under the laws of this state shali en- title such person to a license or certificate of registration from the board of pharmacy created by this title, upon presenting to said board his license and compiying with the for- mal requirements of the laws. Any person who, at the time this act takes effect, shall be entitled by law to open or conduct any pharmacy or store for retailing, dispensing or compounding medicines or poisons in any part of the territory included in the city of New York, as constituted by this act, shall be entitled hereafter to open or conduct any such pharmacy or store in said city, and to be registered by the board of pharmacy cre- ated by this title. Graduates and licentiates defined. Sec. 1,512. Graduates of pharmacy w'ithin the meaning of this title shall be those per- sons who have had at least four*years’ experi- ence in stores where prescriptions of medical practitioners have been compounded, and who have obtained a dipioma from any college of pharmacy within the United States, or from some authorized foreign institution or examin- ing board; and licentiates in pharmacy shall be those persons who have had at least four years’ experience in stores where prescrip- tions of medical practitioner.^ are compound- ed and who shall have passed an examination either before the board for the examination of and licensing druggists and prescription clerks in the city of New York, as heretofore exist- ing, established by an act passed March 28, 1871, or before t’ne board of pharmacy in the city of New York, as heretofore existing, or before the board of pharmacy of the county of Kings, or before the board of pharmacy created by this title, for the city of New York, as constituted by this act, or such foreign pharmacists as shall present satisfactory credentials or certificates of their competency and qualifications to the said last mentioned board of pharmacy. Jun- ior assistants or apprentices in pharmacy shall not be permitted to prepare physicians’ pre- scriptions until they have become graduates or licentiates in pharmacy. Board of pharmacy; election, duties. Sec. 1513. The members of the college of pharmacy of the City of New York, shall, on the first Monday of January, eighteen hun- dred and ninety-eight, and on the same day every third year thereafter, at a special meeting held for that purpose, elect five competent pharmacists, three of whom shall be graduates of some legally constituted medical college, and the remaining two gradu- ates of some legally constituted college of pharmacy of the City of New York, as con- stituted by this act, and who shall form and be known as the board of pharmacy. The members of this board shall, within thirty days after their election as aforesaid, indi- vidually take and subscribe before the city clerk, an oath faithfully and impartially to discharge the duties prescribed for them by this title. They shall hold ofBce for the term of three years and until their successors are duly elected and have qualified; and in case of £ny vacancy, the trustees of the college of pharmacy shall fill the same from two or more nominees elected at a special meeting of the college of pharmacy. The said board shall organize for the transaction of business by electing from their own number, for the whole term, a president and secretary. The board shall meet at least once every three months and three members shall constitute a quorum. The duties of the said board shall be to transact all business pertaining to the legal regulation of the practice of pharmacy in the City of New York, and to examine and register pharmacists. Any pharmacist applying for examination shall pay to the secretary a fee of five dollars, and should he pass such ex- amination satisfactorily he shall be furnished with a certificate as to his competency and qualification, signed by the said board of pharmacy. BooUs of resistratioii of pliarmacists, etc. Sec. 1,514. It shall be the duty of the sec- retary to keep a book of registration at some convenient place, of which due notice shall be given through the public press, in which book shall be entered, under the supervision of the said board, the names and places of business of all persons coming under the pro- visions of this title. It shall be the duty of all such persons to appear before the said board of pharmacy, and the fee for the registration of pharmacists shall not exceed two dollars, and for assistants shall not exceed one dollar. The secretary shall give receipts for all moneys received by him, and pay over the same to the treasurer of the college of pharmacy aforesaid, taking his re- ceipt therefor, which moneys shall be used for the purpose of defraying the expenses of the board of pharmacy, and any surplus shall be for the benefit of the college of pharmacy. The salary of the secretary shall be fixed by the board and shall be paid out of the regis- tration fees. Pliarmacists responsible for qnnlity ot drags, etc., sold; patent medicines, adnlterntion, etc. Sec. 1,515. Every registered pharmacist shall be held responsible for the quality of all drugs, chemicals and medicines he may sell or dispense, with the exception of those sold in the original packages of the manu- facturer, and also those known as “patent medicines,” and should he knowingly, inten- tionally and fraudulently adulterate, or cause to be adulterated, such drugs, chemicals or medical preparations, he shall be deemed guilty of a misdemeanor, and upon convic- tion thereof, be iiable to a penalty not ex- ceeding one hundred dollars and in addition thereto, his name shall be stricken from the register. Poisons; retailing of. Sec. 1,516. It shall be unlawful for any per- son to retail any poisons enumerated in sched- ules A and B, as follows, to wit: SCHEDULE A. Arsenic and its preparations, corrosive sub- limate, white precipitate, red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnia and all other poisonous vegetable alkaloids and their salts, essential oil of bitter almonds, opium and its preparations, except paregoric and other prep- arations of opium containing less than two grains to the ounce. SCHEDULE B. Aconite, belladonna, colchicum, conium, nux vomica, henbane, savin, ergot, cotton- root, cantharides, creosote, digitalis and their pharmaceutical preparations, croton oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids, carbolic acid and oxalic acid, without distinctly labeling the bottle, box, vessel or paper in which the said poison is contained, and also the outside wrapper or cover with the name of the article, the word “Poison,” and the name and place of the sell- er; nor shall it be lawful for any person to sell or deliver any poisons enumerated in schedules A and B, unless upon due inquiry it be found that the purchaser is aware of its poisonous character, and represents that it is to be used for a legitimate purpo.se. Nor shall it be lawful for any registered pharma- cist to sell any poisons included in schedule A, without, before delivering the same to the purchaser, causing an entry to be made in a book kept for that purpose, stating the date of sale, the name and address of the purchas- er, the name and quality of the poison sold, the purpose for which it is represented by the purchaser to be required, and the name of the dispenser; such book to be always open for inspection by the proper authorities, and to be preserved for reference for at least five years. The provisions of this section shall not apply to the dispensing of poisons, in not unusual quantities or doses, upon the pre- scriptions of practitioners of medicine. Application of preceding sections to practitioners of medicine and -whole- sale dealers. Sec. 1,517. Nothing contained in the fore- going sections of this title shall apply to or interfere with the business of any practition- er of medicine who does not keep open shop for the retailing of medicines and poisons, nor with the business of wholesale dealers, but the preceding section, and the penalties for its violation, shali apply to such persons. Xrrandnlent registration, permitting nnlicen.sed person to compound inedicijie.s. Sec. 1,518. Any person who shall attempt to procure registration for himself, or for any other person, under this title, by making or causing to be made any false representation, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be liable to a penalty not exceeding five hundred dollars. Any registered pharmacist who shall permit the compounding and dispensing of prescrip- tions of medical practitioners in his store or place of business, by any person or persons not registered, or any person not registered who shall keep open shop for the retailing or dispensing of medicines and poisons, or who shall fraudulently represent himself to be registered, or any registered pharmacist or dealer in medicines who shall fail to comply with the regulations and provisions of this title, in relation to the retailing and dispens- ing of poisons, shall, for every such offense, be deemed guilty of a misdemeanor, and upon conviction thereof, be liable to a penalty of fifty dollars. Penalties to be paid to college of phar- macy. Sec. 1,519. Each and e,very penalty recovered under this title shall be paid to the trustees of the College of Pharmacy and shall form and be known as the library fund of said Col- lege of Pharmacy and shall be expended for the purchase of books for the library of said college. Board.s of pharmacy abolished. Sec. 1,520. The beard of pharmacy of the county of Kings and the board of pharmacy in the city of New York as heretofore exist- ing, are both hereby abolished. TITLE 6. A BOARD OF CITY RECORD. City record, boai'd of; publication and contents; newspapers to be designat- ed in wliich corporate notices to be advertised. Sec. 1,526. There shall be published daily (Sundays and legal holidays excepted), under a contract to be made as hereinafter provided, a paper to be knowm as the City Record. And said City Record and the newspapers now by law designated as corporation news- papers in the present city of Brooklyn, 146 THE CHARTER OF THE CITY OP NEW YORK. shall be the only papers to be included •within the term corporation newspapers as the same is used anywhere in this act; but no notice or advertisement shall be inserted in said newspapers now by law designated as corporation newspapers in said city of Brook- lyn, except such as respect matters occurring within or relating to the borough of Brook- lyn exclusively: and the aggregate amount to be paid to said newspaper.? now designated by law as corporation newspapers in said city of Brooklyn, for the publication of all adver- tisements provided for by this act, shall never exceed in any year the sum now agreed to be paid to said newspapers annual- ly by said city of Brooklyn. The may- or, corporation counsel and controller shall constitute the board of City Record. Said board by a majority vote shall appoint a proper person, together with such assistants as may be required, to supervise the prepara- tion and publication of the same, and they ahall also fix the rates of compensation of said supervisor and his assistants. All the expenses connected with its publication and distribution, except the salary of the person appointed to supervise the same, and the salaries of his assistants, shall be covered by a contract for printing, to be made in the same manner as other contracts. The board of estimate and apportionment shall provide for all the necessary expenses of conducting the said City Record. There shall be inserted in said City Record nothing aside from such cfBcial matters as are expressiy 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 thereof, 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 institution in said city which apply for the same, of one copy. Copies of the same shall be sold by the su- pervisor at a price to be fixed by the officers making the contract and the proceeds thereof shall be paid over to the city. All advertising required to be done far the city, exceot a.s in this act, otherwise specially provided, and all notices required by law or ordinance to be published in corporation papers, shall be in- serted. at the public expense, cnly in the City Record, and a publication therein shall be a sufficient compliance with any law or ordin- ance requiring publication of such mat- ters or notices, but there may be in- serted in two morning and two even- ing and two weekly or semi-weekly pa- pers published in the English language and in one newspaper published in the German language, all in said city, to be designated, at any time, by said board of City Record, brief advertisements calling atteiuion 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 an- other or different designation shall be made by said board. Where such notices and ad- vertisements respect matters occurring with- in or relating to the borough of Brook- lyn, they shall also be published in* such newspapers as are now by law’ designated as corporation newspapers in the city of Brooklyn, the rates of payment therefor not to exceed the compensation now paid to said newspapers for like advertise- ments in the city of Brooklyn or county of Kings. In case, however, of the sale of bonds or stocks of said city or of any real estate be- longing to the city, such advertisements may 1)6 also inserted in such other newspapers I published in said city as said board may de- I termine in the case of each sale. But nothing herein contained shall prevent the publica- I tion elsewhere of any advertisement required by law; provided, however, that no such pub- lication shall be made unless the same is authorized by a concurrent vote of the mem- bers of said board. No money shall be paid from the city treasury and no action shall be maintained or judgment obtained against the city of New York, as constituted by this act, for any advertising done after April thirtieth, eighteen hundred and seventy-three, except such as is herein authorized or such as at the time this act takes effect is a lawful charge against a municipal or public corporation, or part thereof, hereby consolidated with the mayor, aldermen and commonalty of the city of New York. The copies of the City Record furnished to the city shall be distributed to the several departments and officers, and to such persons and in such manner as the board of City Record shall direct. The controller shall cause a continuous series of the City Record to be bound, as completed quarterly, and tO' be deposited with his certificate there- on, in the office of the register of deeds of the county of New York, in the county clerk’s office of said county and in the office of the city clerk, and copies of the contents of any part of the same, certified by such register, county clerk, or city clerk, shall be received in judicial proceedings as prima facie evidence of the truth of the contents thereof. Supervi.sor of city record to arrange lists, of registered voters. Sec. 1,527. It shall be the duty of the su- pervisor of the City Record to cause the lists of registered voters, made and delivered by the chairman of the boards of inspectors of election to the captains of police, and by them delivered to him, to be arranged by as- sembly 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 num- ber of any street shall appear together, and those of each street iff each election district shall appear arranged by house numbers, in consecutive order, each street separately. And as soon as the entire registry of voters shall be enninleted. and the conies thereof made and delivered, the said supervisor shall forthwith cause the same to be printed and published in the City Record and in the fonn and manner herein proscribed ;, and such pub- lication shall be made within one hundred and eight hours after the close of each an- nual registration. The registry of each as- sembly district shall be printed separately as a supplement to the City Record, and each supplement containing the registry of one assembly district shall be sold separately to persons wishing to purchase the same at not less than five cents per copy. All money- received therefor shall be paid into the city treasury to the credit of the general fund. Printing and stationery to Tie snpplied liy contract; city record to print cer- tain matters. Sec. 1,528. All printing for said city, includ- ing the printing of the City Record, shall be executed and all stationery shall be sup- plied, under contracts, to be entered into by the said board of City Record. All pro- posals for printing and stationery shall be based upon specifications to be filed in the controller’s office, which shall set forth with accuracy the number of every description of printed blanks; also each description of sta- tionery or blank books in ordinary use in the municipal assembly and the respective departments, and likely to De required dur- ing the year for which such contract is to be given; and the bids shall be given for such I number of each printed description of blanks or oif each article of stationery (including I under the head of stationery, letter or writ- ing paper, or envelopes, with printed head- ings or indorsements) as are specified, and for such additional number as may be required, giving the price for blanks of every descrip- tion, and the price of all other printing “per thousand ems,’’ or for “rule and figure work”; separate contracts shall be made with the lowest bidder for any one description of printing, or any article of stationery involv- ing an expense of more than five hundred dollars. Ten per centum of the amount be- coming due, from time to time, shall be with- held by the contro'ller until the completion of the contract; 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 an- nulled, and said board shall immediately give notice for other bids for such printing during the remainder of the term of con- tract. No judgment shall be recovered against the city of New York as constituted by this act, for printing or stationery done or furnisheij after April thirtieth, eighteen hundred and seventy-three, ostensibly for the city of New York as heretofore known and bounded, unless dene or furnished under a contract, where, under the provisions of chapter three hundred and thirty-five of the laws of eighteen hundred and seventy-three, or of the laws in force at the time this act takes effect or of this act, a contract was or is necessary, or under a valid contract, or unless upon evidence of a contract made as provided in this section. 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 con- strued to require a separate contract for each engraving, lithograph or wood cut or map, unless the board of City Record shall deem the same advisable for the interest of the city. No more than two thousand copies of any message of the mayor, or report of any head of a department, and no more than one thousand copies of any report of a com- mittee of either branch of the municipal assembly shall be printed apart from the City Record. There shall be published in the City Record, within the month of January in each year, a list of all subordinates employed in any de- partment (except laborers), with their salaries and residences by street numbers, and all changes in such subordinates or salaries shall be so published within one week after they are made. It shall be the duty of all heads of departments to furnish to the person appointed to supervise the publication of the City Record, everything required to be insert- ed therein. The said person shall have the power to make requisitions in writing upon the heads of departments to furnish the in- formation necessary to make up such list ac- cording to rules prescribed by him and ap- proved by the board of City Record; and such information must be supplied by the depart- ment within ten days after such requisition. He shall have power to require such informa- tion in the same manner, every three months and all other information in the control of said heads of departments, necessary to per- form his duties under this section. He sfiall include in his list the number of laborers, designating the department in which they are employed, and, if practicable, the numbers em- ployed in the 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 TUB CHARTER OB THE CITY OB NEW YORK. regularly opens and adjourns, as well as of the places where such offices are kept and such courts are held. The detailed canvass of votes, at every election, shall be published in the City Record. A list of the registered plumbers shall be published in the City Record at least once in each yeaf. 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 sta- tionery for the city of New York as consti- tuted by this act, whereby the concurrent vote of the mayor, counsel to the corporation, and controller it shall be decided to have such printing done or such stationery furnished without contract let after advertisements for bids or proposals, but in such cases such printing shall be done and such stationery procured in the manner and on such terms and conditions as the said officers shali deem to be for the best interests of the city. TITLE 7. GENERAL PROVISIONS. Officers; not to I>e privately interested in contracts. Sec. 1,533. No member of the municipal as- sembly. head of department, chief of bureau, deputy thereof or clerk therein, or other of- ficer of the corporation, shall be or become, directly or indirectly, interested in or in the performance of any contract, work or busi- ness, or the sale of any article, the expense, price or consideration of which is payable from the city treasury, or by any assessment levied by any act or ordinance of the muniei- pal assembly; nor in the purchase or lease of any real estate or o>ther property belonging to or taken by the corporation, or which shail be sold for taxes or assessments, or by vir- /tue of legal process at the suit of the said corporation. If any person in this section mentioned shail, during the time for which he was elected or appointed, knowingly ac- quire an interest in any contract or work with the city, or any department or officer thereof, unless the same shall be devolved upon him by law, he shall, on conviction thereof, forfeit his office and be punished for a misdemeanor. All such contracts in which any such person is or becomes interested shall, at the option of the controller, be for- feited and void. No person in this section named shall give, or promise to give, any portion of his compensation, or any money or valuable thing, to any officer of the city, or to any other person, in consideration of his having been or being nominated, appointed, elected or employed as such officer, agent, clerk or employe, under the penalty of for- feiting his office and bedng forever disqualified from being elected, appointed or employed in the service of the city, and shall, on con- viction, be punished for a misdemeanor. Id.; may lie snmmarily examined. Sec. 1,534. Any member of the municipal assembly, commissioner, head of department, chief of bureau, deputy thereof or clerk there- in, or cither officer of the corporation or per- son, may, if a justice shall so order, be sum- marily examined upon an order to be made on application based on an affidavit of the mayor or of the controller, or any five mem- bers of the municipal assembly, or any com- missioner of accounts, or of any five citizens w}io are taxpayers, requiring such examina- tion, and signed by any justice of the supreme court in the first or second judicial depart- ments directing such examination, to be pub- licly made at the chambers of said court in either of said judicial departments, or at the office of said department, on a day and hour to be named, not less, however, than forty- eight hours after personal service of said order. Such examination shall be confined to an inquiry into any alleged wrongful di- version or misapplication of any moneys or fund, or any violation of the provisions of law, or any want of mechanical qualifications of any inspectorship of public work, or any neglect of duty in acting as such inspector, or any delinquency charged in said affidavit touching the office or the discharge or neglect of duty, of which it is alleged in the applica- tion for said order that such member of the municipal assembly, head of department, or other aforementioned officer or persons, has knowledge or information. Such member of the municipal assembly, commissioner, head of department, clerk or other aforesaid offi- cer or person shall answer such pertinent questions relative thereto, and produce such books and papers in his custody or under his control, as the justice shall direct, and the examination may be continued from time to time, as such justice may order, but the an- swer of the party charged shall not be used against him in any criminal proceeding; pro- vided, however, that for all false answers on material points he shall be subject to the pains and penalties of the crime of perjury. The proceedings may be continued before any other justice in said judicial department, anfl other witnesses, as well as the parties mak- ing such application, may, in the discretion of said justice, be compelled to attend and be examined touching such alleged delinquen- cies. Such justice may punish any refusal to attend such examination or to answer any questions pursuant to his order, as for a con- tempt of court, and shall have as full power and authority to enforce obedience to the order or directions of himself or any other justice, as any justice of the supreme court may now have, or shall possess, to enfofee obedience or to punish contempt in any case or matter whatever, and shall impose costs upon those promoting such an examination, not exceeding $250, if he thinks there was no probable cause for making the application hereinbefore pro- vided for, the said costs to be paid to the offi- cer or person examined, and for which the said officer or person may have judgment and an execution. The examination hereinbefore provided for shall be reduced to writing, and be filed in the office of the county clerk of such county within the first or second judicial departments as the judge making the order for the examination shall direct at the time of making such order, and the examination so reduced to writing and filed shall be at all reasonable times accessible to the public, and notice of the same shall he given to the de- partment in which said officer is employed. Bai'ber .^liops may I>e open on Snmlay. Sec. 1,535. The provisions of an act to regu- late barbering on Sunday, being chapter 823 of the laws of 1895, permitting barber shops or other places where a barber is engaged in shaving, hair cutting or other work of a bar- ber to be kept open, and the work of a barber to be performed therein until 1 o’clock of the afternoon of the first-day of the week in the city of New York, as heretofore known and bounded, shall be applicable to and be in full force and effect in all of the territory of the city of New York, as constituted by this act. Retention of office l>y clerks in public employ in territory con'solidated. Sec. 1,536. All the clerical and other subor- dinate forces, including janitors of public schools, not subject to removal without cause, in the public employ in any part of the city of New York, as constituted by this act, at the time when this act takes effect, shall continue to hold their respective positions without prejudice or advantage, except that nothing in this section contained shall oper- ate to keep in the service of the city of New York, as constituted by thi.s act, any clerk or other subordinate whose position is vacated by reason of the passage of this act, and ex- cept that the clerks and .subordinates of de- partments that are altolished or reconstructed by this act, under the same or under other names shall continue in the service of the said city under the jurisdiction of the appropriate department subject, nevertheless, to removal in accordance with the provisions of tins act for cause, or to abolish unneces.sary positions. The mayor of the city of New York, the mayor of the city of Brooklyn, tlie mayor of Long Island City, the chairman of the board of super- visors of the county of Richmond and the CQunty judge of Queens county, s’nall meet in the mayor’s office in the city of New York on the first day of December, 1897, and as often thereafter during the month of December as may be necessary, and prepare and adopt a de- tailed plan for the transfer to, and the p-arti- tion between the several public departments, bureaus and offices created or provided for by this act, of ail the public property appertain- ing to the admiiii,= tration of said departments, bureaus and offices in the several municipal and public corporations hereby consolidated, and the books, records, vouchers and other papers of said municipal and public corpora- tions, and to .this end the said mayors and chairman and county judge, or any one duly authorized by them, shall have full and free access to ail the public papers, documents and records in each of said municipal and public corporations. The said piau shall also piiovide for the apportion- ment between the several public de- partments, bureaus and offices, and the assign- ment to service in said public departments, bureaus and offices, respectively, so far as practicable, of all the subordinates end em- ployes in ever}’- bmncii of the public service in each of the several municipal and public cor- porations hereby consolidated, in such manner that each person shall be assigned, as nearly as may be, without prejudice or advantage to perfonm the same service and in the same part of the city, and to hold the same relative rank cr position in the city constituted by this act as he performed -and held at the time said plan of apportionment and assignment is deter- mined upon. Said plan shall be such as to re- ceive the approval of the mayor of New York as to persons in the service of the city of New York, of the mayor of Brooklyn as to persons in the service of the city of Brooklyn, of tho mayor of Long Island City as to persons in the service of Long Island City, of the chairman of the board of supervisors of Richmond county as to persons in the service of the municipal and public corporations of Richmond county, and of the county judge of Queens county as to persons in the service of the towns of Newtown, Flushing, Jamaica and that part of the town of Hempstead by this act included within the city of New York. The said plan when determined upon .shall be signed by said mayors and said chairman and said county judge, or a majority of them, and shall be published in the City Record for such length of time as they may direct. Said plan and the apportionment and assign- ment herein provided for shall take effect on the first day of January, 1898, and on and after said date the persons named therein shall be deemed to hold and shall hold the respective positions to which they may be assigned in said plan, until removed, as herein provided, and their assignment to seiw- ice shall not be deemed or construed to be a new appointment or reappointment, but shall be deemed to be, and shall he, a con. tinuation of the appointment and employment theretofore held by them. The head of every department, and every other officer by tbls 148 ■ THE CHARTER OF THE CITY OF NEW YORK. act given power to appoint, remove and fix and regulate the salaries of his subordinates, appointees and employes, shall have power upon assuming office, or at any time there- after, to remove any person assigned to serv- ice under him by said plan, and to fix and regulate, within the limits of his appropriation and subject to the restrictions, if any, here- inbefore prescribed, the salaries and compen- sation of his said subordinates, appointees and employes. At any time within one year after the first day of January, 189S, any subordinate or employe in any public department, bureau or office of the city hereby constituted may be transferred to any other public department, bureau or office of said city, provided such transfer be consented to by the mayor and by the head of the department, bureau or office from which such subordinate or employe is so transferred, and the head of the depart- ment, bureau or office to which such subordi- nate or employe is so transferred. None of the provisions of this section in regard to transfers and assignments shall apply to the fire department or the police department, nor to the New York and Brooklyn bridge, nor to the public schools and the department of edu- cation, nor to transfers to be made by the board of public improvements as provided in section 460 of this act. The incumbents of positions abolished or made unnecessary by this act shall be preferr- ed for appointment to positions demanding their service. For this purpose the civil serv- ice commissioners are directed, as far ae practicable, to place the names of such per- 6ons on the proper eligible lists, and to give them on said lists the preference after vet- erans. The civil service regulations in force at the time this aot takes effect in the various parts of the city of New York, as constituted by this act, and all eligible lists created there- under in said parts of the city respectively, shall continue in full force and effect until new regulaitions shall have been adopted in ac- cordance v/ith the provisions of this act and new eligible lists made in accordance with such regulations. Books, papers, etc., wliere filed. Sec. 1,537. All public books, papers and documents of the mayor, aldermen and com- monalty of the city of New York, and of the city Of Brooklyn, and of Long Island City and of any board, body or officer of, or in the territory of the county of Richmond, so far as such public books, papers and docu- ments relate to the governmental functions by this act, devolved upon the municipal cor- poration created by this act, and of any board, body or officer of or in that part of the county of Queens consolidated by this aot into a municipal corporation, so far as such public books, pa- pers and documents relate to the govern- mental functions by this act devolved upon the municipal corporation created by this act, and also the public books, papers and docu- ments of any officer, hoard or body of any district, town or village or of any office ■within the said territory that relate to the governmental functions by this act devolv- ed upon the city otf New York created by this aot, shall he transferred to and filed with the' appropriate -departments or officers of the city of New York, provided however that this section shall not be deemed to apply to any public books, papers or documents of any reg- ister, sheriff, district attorney, coroner or county clerk in said territory or in any part thereof. And it shall be the duty of all per- sons having charge of such hooks, papers and documents to deliver the same to and file the same, with the appropriate officer or de- partment as in this section provided. Territorial oi>eratioii of contracts, grants ami franeliise.s not extemlefi. Sec. 1,538. This act shall not extend the territorial operation of any rights, contracts or franchises heretofore granted or made by the corporation known as the mayoi’, aider- men and commonalty of the city of New York, or by any of the municipal and public cor- porations ■5\’hich by this act are united and consolidated therewith, including the counties of Kings and Richmond, and the same shall be restricted to the limits respectively to which they would hhve been confined if this act had not been passed; nor shall this act in any way validate or invalidate or in any manner affect such grants, but they shall have the same legal validity, force, effect and operation, and no other or greater than if this act had not been parsed. Price of ga.s in Riclimoml ami dueeiis coiiiitics. Sec. 1,539. The price of illuminating gas tn the county of Richmond and in that part or the county of Queens included within the city of New York, as hereby constilnied, shall not be affected by this act. Platting' of laiiilM and iledicatioii of streets and i>n!>lic plaecs. Sec. 1,540. No map of the subdivision of lands or the platting thereof into streets or avenues and blocks within the limits of the city of New York shall hereafter be registered or become effectual and binding as a dedi- cation of the streets, avenues or public places on such map or plat until such map or plat has been submitted by the owner to and ap- proved by the boaid of public improvements, which in acting thereon shall examine and determine whether the streets and avenues are of adequate aud suitable width and laid out with due reference to connecting streets and avenues. Upon such approval the title of the owner or owners of the land to all streets, avenues and public places designated on the map or plat, shall immediately vest in fee clear of all incumbrances in the city of New York in trust for the designated public uses. .Such map or a copy thereof shall re- main of record in the office of the board of public improvements, and a copy thereof, with the approval of the said board indorsed there- on, shall be filed and recorded in the office of the register of deeds or county clerk of the county in which the land is situated and in- dexed therein as deeds are now required by law to be indexed. The municipal assembly, upon the recommendation of the board of pub- lic improvements may from time to time pass appropriate ordinances not inconsistent with law and this act to carry the provisions of this section into effect and regulate proceedings thereunder. Majoi-ity of l)oal*«ls of departments; «lluornm; powers. Sec. 1,541. A majority of the members of a board in any department of the city govern- ment, and also of the board for the revision of assessments, shall constitute a quorum to fully perform and discharge any aot or duty authorized, possessed by or imposed upon any department 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 other- wise specially provided. Each hoard may, except as herein otherwise provided, choose, in its own pleasure, one of its members who shall be its president, and one who shall be its treasurer, and may appoint a chief clerk or secretary. No expense shall be incurred by any of the departments, boards or officers thereof, unless an appropriation shall have been previously made covering such expense, nor any expense in excess of the sum appro- priated in accordance with law. Expcii.ses not to exeeeil approi>riatlon. Sec. 1,542. It shall be the duty of the heads of all departments of said city, . and of all boards and officers charged with the (Juty of expending or incurring obligations payable out of the moneys raised by tax in said city, so to regulate sudh expenditures for any pur- pose or object, that the same shall not in any one year exceed the amount appropri- ated by the board of estimate and apportion- ment for such purpose or object; and no charge, claim or liability shall exist or arise against said city for any sum in excess of the amount appropriated for the several pur- poses. Heads of departments; control over subordinates; removal. Sec. 1,543. The heads of all departments {except as otherwise specially provided) shall cave power to appoint and remove all chiefs of bureaus (except the chamberlain) as also all clerks, officers, employes and subordinates in their respective departmjents, except as herein otherwise specially provided, without reference to the tenure of office of any exist- ing appointee. But no regular clerk or head of a bureau shall be removed until he has been allowed an opportunity of making an. explanation; and in every case of a removal, the true grounds thereof shall be forthwith entered upon the records of the department or board. In case of removal, a statement showing the reason therefor shall be filed in the department. The number and duties of ail officers and clerks, employes and subor- dinates in every department, except as other- wise herein specially provided, with their re- spective salaries, whether now fixed by spec- ial law or otherwise, shall be ^ such as tho heads of the respective departments shall des- ignate and approve; but subject, also, to the revision of the board of estimate and appor- tionment; provided, however, that the aggre- gate expense thereof shall not exceed the to- tal amount duly appropriated to the respec- tive departments for such purposes. Any head of department may. with the consent of the board of estimate and apportionment, consoli- date any two or more bureaus established by law, and may change the duties of any bureau; and it shall be the duty of the head of the finance department to bring together all offi- cers and bureaus authorized to receive money for taxes, assessments or arrears, in such manner that the payment of the same can be made, as nearly as practicable, at one time and place and in one office. Id.; to render reports; pnblicatlon. Sec. 1,544, The said departments and all commissioners appointed by the mayor, pur- suant to the provisions of this act, and not constituting heads of departments, shall once in three months, and at such other times as the mayor may direct, make to him, in such form and under such rules as he may pre- scribe, 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 and commissioners shall al- ways, when required by the mayor, furnish to to him such information as he may demand, within such reasonable time as he may direct. Id.; to fnrnisli copies o£ papers ou de- mand. Sec. 1,545. The heads of all departments, except the police and law departments and the chiefs of each and every bu- reau of said departments, or any of them, except the police and law departments, shall, with reasonable promptness, furnish to any taxpayer desiring the same, a true and 149 THE CHARTER OF THE CITY OP NEW YORK. 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 person demand- ing the same. All books, accounts and papers In any department or bureau thereof, except the police and law departments, shall at all times be open to the inspection of any tax- payer, subject to any reasonable rules and regulations in regard to the time and manner of such inspection as such department, bureau or officer may make in regard to the same, In order to secure the safety of such books, accounts and papers, and the proper use of them by the department, bureau or officer; in case such inspection shall be refused, such taxpayer, on his sworn petition, describing the particular book, account or paper that he desires to inspect, may, upon notice of not less than one day to such department, bureau, or officer, apply to any justice of the supreme court for an order that he be allowed to make such inspection as such justice shall by his order authorize, and such order shall specify the time and manner of such inspection. Record.s to be kept and abstracts pab- lisbed. Sec. 1,546. In every department or board there shall be kept a record of all its transac- tions, which shall be accessible to the public and. once a week a brief abstract, omitting formal language, shall be made of all transac- tions, and of all contracts awarded and en- tered into for work and material of every description, which abstract shall contain the name or names, and residences by street and number of the party or pai-ties to the contract and of their sureties, if any. -A copy of such abstract shall be promptly transmitted to the person designated to prepare the City Record and shall be published therein. Notice of ail 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. Certificate of appointments. Sec. 1,547. Every person who shall be ap- pointed or elected to any office under the said ci’cy shall receive a certificate of appointment, designating the term for which such person has been appointed or elected. Official oath. Sec. 1,548. Every person elected or ap- pointed to any office under the city govern- ment shall, within five days after notice of such election or appointment take and sub- scribe, before the mayor or any judge of a court of record, an oath or affirmation faith- fully to perform the duties of his office, which oath or af;|»mation shall be filed in the office of the city^lerk. Oflieer not to hold any other civil oflice. Sec. 1,549. 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 takipg of bail or register of any court), or of the state (except the office of notary public or commissioner of deeds or officer of the national guard), or who shall hold or accept any other office ct^nected with the govern- ment of the city of New York, or who shall accept a seat in the legislature, shall be deemed thereby to have vacated any office held by him under the city government. No person shall hold two city or county offices, except as expressly provided in this act, nor sball any officer under the city government iiold or retain an office under the county gov- ernment, except the office of supervisor or when he holds such office ex-officio, by vir- tue of an act of the legislature, and in such case shall draw no salary for such ex-officio office. Officers; wlien may receive and retain fees. Sec. 1,550. No officer of the city government, except the city marshals, shall have or re- ceive to his own use any fees, perquisites or commissions or any percentage; but every such officer shall be paid by a fixed salary, and all fees, percentages, and commissions received by any such officer shall be the property of the city. And every officer wiho shall receive any fees, perquisites, commis- sions. percentages, or other money which should be paid over to the city, shall, be- fore he shall be entitled to receive any sal- ary, make under oath a detailed return to the controller showing the amount of all such fees, commissions, percentages, perquisites and moneys received by him since- the last preceding report, the person from whom re- ceived and the reason for its payment, and shall produce tlie receipt of the chamberlain, showing the payment to him, by said officer, of the aggregate amount thereof. All sums received as above, or for licenses or permits, except as in this act otherwise expressly pro- vided, shall be paid over weekly, without de- duction by the officers or department (receiv- ing them, to the chamberlain, and a detailed return under oath shall at any time be made in such form as the controller shall prescribe, stating when and from whom, and for what use such moneys were received. No city officer Ttho is paid a salary for his services from the city treasury shall receive to or for his own use any fees, costs, allowances, per- quisites of office, commissions, percentage, or moneys paid to him in his official capacity; but all fees, costs, allowances, perquisites, commissions, percentages and moneys so paid or received by any such officer or person, shall be the property of the city and shall be paid by him into the city treasury; and every such officer or person who shall receive any fees, perquisites, commissions, percent- ages, 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 de- tailed statement and return to the controller in such form as be may prescribe, showing the amount of all such moneys received by him since the last preceding statement and returns, and shall produce a receipt showing the payment of such sum into the treasury. The controller may require any such person or officer to make such statement and return to him, if it be not made as herein provided, and may examine any such officer or person under oath touching the amount of any fees, costs, allowances, perquisites, commissions, percentages or moneys paid to or received by him in his official capacity. But nothing here- in contained shall be construed as prohibiting the receipt of fees by any public officer on ac- count of the collection of the inheritance tax as now provided by law, or as repealing the provisions of chapter 239 of the laws of 1892. Id.; defi’amliiig. Sec. 1,551. Any officer of the city govern- ment, or person employed in its service, who shall willfully 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 neglect of duty allow the same to be lost to the city, shall be deemed guilty of a misdemeanor, and, in addition .to the penalties imposed by law, and on conviction. shall forfeit his office, and be excluded for- ever after from receiving or holding any of- fice under the city government; and any per- son who shall willfully sv/ear falsely in any oath or affirmation required by this chapter shall be guilty of perjury. Money not to l>e paid to sectarian seliools; public property; how dis- po.sed of. Sec. 1,552. No money belonging to the city, raised by taxation upon the property of the citizens thereof, shall be appropriated in aid of any religious or denominational school, neither shall any property, real or personal, belonging to said city, be dis- posed of to any such school, except upon the sale thereof at public auction, after the same has been duly advertised, at which sale such school shall be the highest bidder, and upon payment of the sum so bid into the city treasury; neither shall any property belonging to the city, be leased to any school under the control of any religious or denomi- national institution, except upon such terms as city property may be leased to ’ private parties after the same has been duly adver- tised. |_iij Property to be sold at auction. Sec. 1,553. All property sold other than land under water shall be sold at auction, after previous public notice, under the superintend- ence of the appropriate head of department. The proceeds of all sales made under and by virtue of this act shall, except as herein otherwise specially provided, be by the officer receiving the same immediately deposited with the chamberlain; and the account of sales, verified by the officer making the sales, shall be Immediately filed in the office of tha controller. Patented articles; bow supplied. Sec 1,554. Except for repairs no patented pavement shall be laid and no patented ar- ticle shall be advertised for, contracted for or purchased, except under such circum- stances that there can be a fair and reason- able opportunity for competition, the condi- tions to secure which shall be prescribed by the board of estimate and apportionment. • Special provision as to papers former^ ly filed in otSiees of town clerks. Sec. 1,555. Except as otherwise provided by this act, all papers now required by law to be filed and recorded in the town clerk’s of- fice in any of the towns by this act united and consolidated into the city of New York, shall after this act takes effect, he filed and recorded in the office of the clerk of the coun- ty 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 of- fice by the town clerks of such towns, and shall remain of record therein. Code of ordinances; wlien. to be priina facie evidence. Sec. 1,556. A code or other volume contain- ing the ordinances and bylaws of the city published by authority of the municipal as- sembly shall be prima facie evidence in all courts of justice of the authenticity of such ordinances and bylaws. Responsible gnai’antee company may act as surety. Sec. 1,557. 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 satisfactory to, and be ap- proved by the officer or officers, or bo4¥ 150 THE CHARTER OF THE CITY OF NEW YORK. whose duty it is to approve such bond or sureties. Tenure «if olliee. Sec. l.S.oS. -\11 officers olocted or appointed under this act shall, unless otherwi.se e.x- pressly provided and unles.s sooner removed, hold their respective oflices until their suc- cessors are respectively elected or appointed and have qualilied. Publication to be iiisulc in t it / Record, unless otlierwisc j»r ; power of town boarel of .said town to bind that i»art thereof incfanest ijj the city of New York;, restricted. Sec. 1,5S9. The proportion of th^ debt of the town of Hempstead which shall be assumed by the city of New York, as constituted by this act, shall be determined in the follow- ing manner: The mayor and the municipal assembly, as representing the city of New York and the town board of the town of Hempstead are hereby authorized and empowered to agree if they can, as to the amount of the debt of the town of Hempstead, which should equita- bly and properly be assumed by the city of New York. If the mayor and the municipal assembly of the said city and the town board of said town be unable to agree within six ■months alter this act takes effect as to the proportion of said debt of the town of Hempstead to be assumed by the city of New York, the supreme court of the Third judicial district sttiali have power to determine the proportion of said debt of the town of Hemp- stead to be assumed by said city, and to en- force such award, decision and determina- tion as shall be made in tbe premises in a suit In equity to be brought by and in the name of either of said parties not less than six months nor more than one year after this act takes effect. Nothing herein contained shall impair the obligation of any contract; and the property and inhabitants of such part of the town of Hempstead a.s is by this act consolidated with tbe corporation heretofore known as the mayor, aldermen and commonalty of the city of New York, shall continue liable to the existing creditors of the said town of Hemp- stead, in like manner as If this act had not been passed. But from and after the taking effect of this act, the town board of said town of Hempstead shall have no power to issue any bond, obligation or other evidence of in- debtedness which shall bind or render liable tbe property or inhabitants of any part of said town included within the city of New York, as hereby constituted. The apportion- ment of the debt of the town of Hempstead shall be determined according to the relative assessed valuation of the real property in- cluded in, or remaining without the said city. Disposition of real aii»l personal i>rop- erty owned by or held in trust for the town of Hempstead. Sec. 1,590. All the real property owned by the town of Hempstead and situated in that part of said town included within the city of New York, as constituted by this act, is hereby vested in the said city of New York and divested out of the town of Hempstead; and all of the real property owned by the town of Hempstead and situated elsewhere in said town is hereby vested in the town of Hempstead and divested out of the said city of Nev/ York. All of the property owned by the town of Hempstead other than real property, includ- ing money, investments, securities on invest- ments and money held in trust for the bene- fit of said town, directly or indirectly, shall be divided between the said town and the city of New York, as constituted by this act, and the proportion of the same to which each shall, in equity and good conscience be en- titled to receive upon such division, shall be ascertained and determined by agreement by and between the town board of the town of Hempstead, upon the one side, and the mayor and the municipal assembly of the said city of New York, upon the other side, and in case of their inability to agree upon such division within six months after this act •shall take effect, the supreme court in the Third judicial district is hereby empowered to divide the same between them and to as- certain and award to each its equiitable pro- portion thereof, and to enforce its determina- tion thereon, and either of the said munici- palities may institute and prosecute, in its own name, an action in equity in said court for that purpose after the expiration of six months and before the expiration o^f one year after this act takes effect. Proportion of ftiiKis nml moneys re- eeivetl hy tlie city which shonld be returned to Qnceii.s county Or paid to the controller of the State; l»ow de- termined. Sec. 1,591. The mayor and the municipal assembly of the city of New York, as consti- tuted by this act, and the board of super- visors of the county of Queens, are also au- thorized and empowered to determine what proportion cf the funds and moneys that may be received by the city of New York pursuant to the provisions of this act, from any officer of any of the municipal and public corporations or parts of muni- cipal and public corporations within the county of Queens, and hereby consolidated with the corporation heretofore known as the mayor, aldermen and commo.nalty of the city of New York, should be refunded or re- paid to the county of Queens, as representing taxes levied and assessed for the payment of county charges and expenses within said county, and in like manner what proportion of said moneys that may be so received, were levied for state taxes payable by said county of Queens for the year 1898, and should therefore be turned over to the controller of the state in payment and discharge of said county’s obligation to the state in that re- gard for the year 1898. If the mayor and the municipal assembly, and the said board of supervisors of the county of Queens be un- able within three months after this act takes effect to agree as to any or either of said matters, then the supreme court of the Third judicial district shall have power to determine in each case where a disagreement occurs upon said matters, and each of them, and to enforce such determination and de- cision in a suit in equity, to be brought in the name of the supervisors of said county of Queans, or of the controller of the state, as the case may be, not less than six months nor more than one year after this act takes effect. Board of snpervisors of Q,neens connty not to levy any tax upon that part of said oounty withla the city. Sec. 1,592. No tax either for state or for county purposee shall, after the taking effect of this act, be levied by the 'board of super- visors of the county' of Queene upon any prop- erty situated in that part of said county with- in the city of New York, as hereby consti- tuted. Controller of state to determine ainonnt of county charges of ttueens county to he borne hy that part of said county within the city. Sec. 1593. The controller of the state shall have power and is hereby authorized to deter- mine on or before the first day of October in the year eighteen hundred and ninety- eight the amount of the county charges and expenses for the year eighteen hundred and ninety-nine which should be equitably borne by that part of the county of Queens situated within the c'ty of New York, as hereby con- stituted, and to report the amount thereof to the controller ot said city. The amount so determined by the controller of the state, shall be levied and assessed by the municipal assembly of said city upon that part of the ccunty of Queens included within said city, and shall be collected by said city and as fast as the same is collected or the amount there- of raised by the issue of revenue bonds in an- ticipation of its collection sh.all be paid over by said city to the county treasurer of the county of Queens, or to such other officer of said county as may by law be authorized to receive the same. The amounts to be raised by tax for county purposes in the counties of New York, Kings, Queens and Richmond, shall be included in the budget of the city of New York in the same general manner di- rected by section two hundred and twenty- six of this act, and shall be raised by taxa- tion in the manner provided by section nina hundred and two of this act. [Thus amended by Chapter 74, Laws of 1899.] Controller o£ state to rtetermine ainonnt of state tax to be paid by tbe part of tineens comity wltliin tlie eity; bow levletl and eollected. Sec. 1,594. It shall be the duty of the con- troller of the state, on or before the first day of October in each year to compute and apportion the amount of tax for state pur- poses which should be paid by that part of the county of Queens by this act, included in the city of New York, and to transmit a statement of such amount to the controller of the city of New York for levy and collection by the said city. The amount of which a statement is thus transmitted, shall be levied upon and collected from the entire property within the territorial limits of said city in like manner as other expenses of the city. Controller of state to transmit to the city a statement of the state tax to be paid by New York, Kings and Richmond comities; bow levied and collected. Sec. 1,595. It shall he the duty of the con- troller oif the state annually to transmit to the controller of the city of New York, as hereby constituted, for levy and collection by said city, a statement of the amount of tax for state purposes to be paid by the coun- ties of New York, Kings and Richmond tflp 152 THE CHARTER OP THE CITY OF NEW YORK. Bpectively. The amount of which a statement is thus transmitted by the controller of the state to the controller of said city, shall be levied upon and collected from the entire property within the territorial limits of said city in like manner as other expenses of said city. Controller of state to apportioii tiueens eouiit>' seliool moneys. Sec. 1.59G. It shall be the duty of the con- troller of the state, and he is hereby author- ized to make on or before the first day of February in each year an apportionment of the school moneys which should equitably be assigned to that part of the county of I Queens included within the city of New York, as hereby constituted. Such portion of said school moneys as shall by the controller of the state be determined to belong to that part of the county of Queens included within the city of New York, shall be transmitted to the chamberlain of said city for the uses and purposes provided for in the chapter on edu- cation contained in this act. .Seliool moneys for New York. Kings nnrt Rielimoml countie.s to be traii.s- mitteil to the city. Sec. 1,597. All school moneys which may after the taking effect of this act be allotted to the counties of New York, Kings and Rich- mond, respectively, shall be transmitted to the chamberlain of the city of New York, for the uses and purposes provided for in the chapter on education contained in this act. TITLE 2, REPE.Ak PROVISIONS— EFFECT OP THIS ACT. Inconsistent provisions of consolida- tion act repealed. Sec. 1,00S. The act of the legislature of the state of New York, passed July 1, 1882, known as the New York city consolidation act of 1882, and acts amendatory thereof, and sup- plemental thereto, and other acts of the legis- lature of the state of New York now in force relating to or affecting the local government of the city of New York, as hereto- fore constituted, are hereby repealed so far as any provisions thereof are incon- sistent with the provisions of this act, or so far as the subject matter thereof is revised or included in this act, and no further. So far as the provisions of this act are the same in terms or in substance and effect as the pro- visions of the said consolidation act, or of other acts of the legislature now in force re- lating to or affecting the municipal and public corporations, or any of them herein united and consolidated, this act is intended to be not a new enactment but a continuation of the said consolidation act of 1882, and said other acts, and is intended to apply the pro- visions thereof as herein modified to the city of New York as herein constituted, and this act shall accordingly be so construed and ap- plied. Omission of previotis acts not to bo ooiistrnetl as repealed. Sec. 1,C09. The mere omission from this act of any previous acts or of any of the provis- ions thereof, including said consolidation act of 1882, relating to or affecting the munici- pal and public corporations or any of them which are herein united and consolidated, shall not be held to be a repeal thereof. Acts applicable to the city of New York Sec. 1,610. All the provisions of all acts of the legislature of the state of New York, in- cluding said consolidation act of 1882, of a gen- eral and permanent character, relating to the corporation heretofore known as the mayor, Aldermen and commonalty of the city of New I York, in force at the time this act goes into ef- fect, which are consistent with this act and its purposes, and which are not revised and in- cluded in or the subject matter thereof covered by this act, are hereby extended to the city of New York as herein constituted, so far as they are consistent with this act, and are not in their nature locally inapplicable to other portions of the city than the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York. And the provisions of law thus extended to the city of New York as herein constituted shall apply to said city throughout its whole exten.t, any- thing to the contrary notwithstanding con- tained in the charter of any of the municipal or public corporations or laws relating there- to, which are by this act united and consolidat- ed with the corporation heretofore known as the mayor, aldermen and commonalty of th« city of New York. To take effect Jannary 1, 1898. Sec. 1,611. For the purpose of determining the effect of this act upon other acts and the effect of other acts upon this act, this act shall, except as in this section is otherwise provided, be deemed to have been enacted on the first day of January, in the year 1898. This act shall take effect on the first day of January, 1898; provided, however, that where by the terms of this act an election is provided or required to be held or other act done or forbidden prior to January 1, 1898, then as to such election and such acts, this act shall take effect from and after its passage, and shall be enforced immediately, anything in this chapter or act to the contrary notwith- standing. Invalidity of one section not to in- validate any otbei- section. Sec. 1,612. The invalidity of any section or provision of this act shall not invalidate any other section or provision thereof. Interres'iiwin! bow prevented. Sec. 1,613. To guard against the inconven- ience and effects that might arise from the changes in local government effected by this i act, and to prevent an interregnum and oth- erwise to carry out the purposes and provi- sions of this act, it is hereby enacted that un- til this act and its several provisions shall take effect all exisUng acts shall remain in force, and all officers in office when this act takes efff5Ct shall remain in ofiice until their successors are respectively elected and ap- pointed and shall have qualified under ths provisions of this act. And for the purposes aforesaid as well as for any ether purpose necessary or proper to effectuate the scheme and objects of this act, and to carry into effect the powers granted by this act to the city of New York, the municipal assembly shall have power by ordinances to make from time to time all such provisions concerning the local rule and government of the city of New York as herein constituted, and each and ail of its departments as it may find neces- sary or deem needful not inconsistent with the constitution and laws of the state and the express provisions of this act. Existing- rights and remedies pre- served. Sec. 1,614. No right or remedy of any character shall be lost or impaired or af- fected by reason of this act. This act shall not affect or impair any act done or right accruing, accrued or acquired, or pemalty, forfeiture or punishment incurred prior to the time when this act takes effect or by virtue of any laws repealed or modified by this act, but the same may be asserted, enforced, pros- ecuted or infiicted as fully and to the same extent as if this act had not been passed or said laws had not been repealed or modified; and all actions, suits, proceedings or prosecu- tions under the New York city consolidation act of 1882 or amendments thereof, or other laws relating to the city of New York and herein repealed or modified, or under any charter or law relating to any of the munic- ipal and public corporations which are herein united and consolidated and pending when this act takes effect. Including the counties of Kings and Richmond, may be prosecuted and defended to final effect in the same manner as they might under the laws then existing, un- less herein otherwise specially provided, and such actions, suits, proceedings or prosecu- tions may be continued without change of name or title, or on motion the city of New York may be substituted as plaintiff or de- fendant, as the case may be, in the place of the existing party to whose rights and obli- gations the said city of New York has by force of this act succeeded. The corporation counsel shall assume the charge, direction and control of all such actions, suits and pro- ceedings in behalf of the city of New Y-ork. All future suits by or against the city of New York as herein constituted or against any of the municipal and public corporations in this act united and consolidated shall be in the corporate name of “The City of New York.” , Powers of corpoations consolidated devolved upon the city of New York. Sec. 1,615. Upon the taking effect of this act, on the first day of January, eighteen hun- dred and ninety-ei^ht, all the municipal and public corporations, except counties, which by this act are consolidated with the corpora- tion 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 are respectively devolved upon the corpora- tion of the city of New York as herein con- stituted and the municipal assembly thereof, unless otherwise expressly provided in this act or by law. And all offices forming part of the local government of the said municipal and public corporations and parts thereof, in- cluding cities, villages, towns and school dis- tricts, 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 territory embraced within the limits of said city, except as herein otherwise ex- pressly provided. The foregoing does not in- clude the office of recorder of the former city of New York, which is hereby continued under the name and title of recorder of the county of New York. Forfeittire or loss of property not workeil. Sec. 1,616. Neither the above nor any other provisions of this act shall work any for- feiture or loss of any property or rights there- in or relating thereto held in trust by said municipal and public corporations or any of them, or to which they or any of them are or may be entitled, and the city of New York as herein eonetituted is hereby declared to be the successor in respect of such property and rights of the said municipal or public corporation to which the same was granted; and the said city of New York shall hold the same, as well as all other property and rights to which such corporation may he entitled, ae successor, on the same trust's and charged with the same duties as the municipal or pub- lic corporation to which it was granted. Franclii.ses and other grants not affected. Sec. 1,617. Neither this act nor anything contained therein shall affect any grants or franchises or properties or rights of THE CHARTER OP THE CITY OP NEW YORK. W3 nature in, to or concerning property of any character or other grants made by the Nicolls’ charter, the Dongan charter, the Cornbury charter, the Montgomerie charter, by the confirmatory act passed the 14th day of October, 1732, or by any other charter or act granted to the corporation known as the mayor, aldermen and commonalty of the city of New York, by the state of New York, or granted by said state to the City of Brooklyn or to any of the other municipal and public cor- porations which are herein united and con- solidated 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 aa constituted by this act This act; how repealed or amended. Sec. 1,618. This act or any section or pro- vision thereof shall not be deemed to be re- pealed or amended by any act of the legis- lature, unless it be so expressly stated, or the legislative intention to that effect is un- mistakable. Chapter 942 of the Laws of 1896 not repealed. Sec. 1,619. Nothing in this act contained shall be deemed to repeal the provisions of chapter 942 of the laws of 1896. This act a pnhllc act. Sec. 1,620. This act, providing for uniting into one municipality various communities, including the city and county of New York, the city of Brooklyn, the county of Kin8>> the county of Richmond and part of the coun- ty of Queens with the municipal and publio corporations therein, as in this act provided. Is Intended to be and shall be deemed and held in all courts and jurisdictions to be a public act, of which the courts shall take Judicial notice. And this act shall be con- strued not as an act in derogation of tht powers of the state, but as one intended to aid the state in the execution of its duties by providing, subject to the constitution and laws of the state and the provisions and limitations herein contained, an adequate scheme of local government for the com- munities and people affected, through the In- strumentality of the corporate body herein constituted under the 0 "The OHy of Now York,” i 154 THE CHARTER OP THE CITY OF NEW YORK. PROPOSED CONSTITUTIONAL AMENDMENT. PROPOSED CONSTITIITIONAI. AMEND- MENT AS TO LIMITATION OF INDEBTEDNESS. Aiiieiicl sectioii lO. article VIII, of tlie constitution, to read as follows: “Counties, cities and towns not to give or loan money or credit; limitation ot indebted- ness — Sec. 10. No county, city, town or viiiage shaii hereafter give any money or property, or loan its money or credit to or in aid of any individuai, association or corporation, or be- come d.irectiy or indirectiy. the owner of stock in, or bonds of, any association or corpora- tion; nor shaii any such county, city, town or viiiage be aiiowed to incur any indebtedness except for county, city, town or viiiage pur- poses. This section shaii not prevent such county, city, town or viiiage from making such provision for the aid or support of its poor as may be authorized by law. No coun- ty or city shall be allowed to become in- debted for any purpose or in any manner to an amount which, including existing indebt- edness, shall exceed 10 per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it ap- peared by the assessment rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebtedness; and all indebtedness in excess of such limitation, except such as may now exist, shall be absolutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds 10 per centum of the assessed valuation of its real estate subject to taxation shall be allowed to become indebted in any further amount un- til such indebtedness shall be reduced within such limit. This section shall not be con- strued to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained, or to be con- tained, in- the taxes lor the year when such certificates or revenue bonds are issued and payable out of such taxes. “Nor shall this section be construed to pre- vent the issue of bonds to provide for the sup- ply of water; but the term of the bonds issued to provide the supply of water shall not ex- ceed twenty years, and a sinking fund shall be created on the issuing of the said bonds lor their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of Indebtedness or revenue bonds issued in antic- ipation of the collection of taxes which are not retired within five years after their date of iissue, and bonds issued to provide for the supply of water and any debt hereafter in- curred by and portion or part of a city, if there shall be any such debt, shall be in- cluded in ascertaining the power of the city to become otherwise indebted. When the boundaries of a city are the same as those of a county, or when any city shall Include with- in its boundaries more than one county, the power of any county wholly included with- in such city to become indebted shall ceaee, hut the debt of the county heretofore exist- . Ing shall not. for the purposes of this sec- tion, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county con- taining a ctiy of over one hundred thousand Inhabitants, or any euch city of this state, in addition to providing for the principal and Interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as preecribed in this sec- tion in respect to county or city debt.” SOME HISTORIC POINTS. PROGRESS OF NEW YORK. 1626 — Manhattan Island ceded to the Dutch by the Indians for about $2G, May G. 1656 — New Amsterdam, population about 1.000, including slaves. 1664— New Anjsterdam changed to New York. September 8. 1686 — The Dongan charter granted by James II, April 27. 1731 — New charter, under seal of George 111., presented to the city, February 11. 1783 — British evacuate the city, November 25. 1784: — First American city government established, February 7. 1812 — City Hall, cornerstone of which laid by Edward Livingston, September 30, 1803, completed. 1849 — Amended city charter took effect June 1. 1873 — Morrisania, West Farms and Kings- briclee annexed. May 23. 1881 — North Brother Island annexed. MAYORS OF NEW YORK. Mayors. Terms. Thomas Wlllet 1665 Thomas Willet 1667 Thomas Delavall 1666 Cornells Steenwyck 1668 — 1670 Thomas Delavall 1671 Matthias Nicolls 1672 John Lawrence 1673 William Darvall 1675 Nicholas de Meyer 1676 S. Van Cortlandt 1677 Thomas Delavall 1678 Francis Rombouts 1679 William Dyer 1680 — 1681 Cornells Steenwyck 1682 — 1683 Gabriel Minvielle 1684 Nicholas Bayard 1685 S. van Cortlandt 1686 — 1687 Peter de la Noy 1689 — 1690 John Lawrence 1691 Abraham de Peyster 1692 — 1695 William Merritt ,.1695 — 1698 Johannes de Peyster !.1698 — 1699 David Provoost 1699 — 1700 Isaac de Riemer 1700 — 1701 Thomas Noell 1701 — 1702 Philip French .....1702 — 1703 Wiliiam Peartree 1703 — 1707 Ebenezer Wilson 1707 — 1710 Jacobus Van Cortlandt 1710 — 1711 Caleb Heathcote 1711 — 1714 John Johnson 1714 — 1719 Jacobus van Cortlandt'. 1710 — 1711 Robert Walters 1720 — 1725 Johannes Jansen 1725 — 1726 Robert Lurting 1726 — 1735 Paul Richards 1735 — ^1739 John Cruger 1739 — 1744 Stephen Bayard 1744 — 1747 Edward Holiand 1747 — 1757 John Cruger 1757 — 1766 Whitehead Hicks 1766 — 1776 David Matthews, Tory 1776 — 1784 James Duane 1784 — 1789 Richard Variok 1789 — 1801 Edward Livingston 1801 — 1803 De Witt Clinton 1803 — 1807 Marinus Willett 1807 — 1808 De Witt Clinton 1808 — 1810 Jacob Radcliff 1810 — 1811 De Witt Clinton 1811 — 1815 John Ferguson 1815 Jacob Radcliff Cadwallader D. Colden Stenhen Allen William Paulding Philip Hone William Paulding Walter Bowne Gideon Lee Cornelius W. Lawrence Aaron Clark 1815—1818 IRIS— 1821 1821—1824 1825— 1?S6 1826— 1827 1827— 1829 1829-1833 1833— 1834 1834— 1837 1837—1839 Isaac L. Varian 1839 — 1841 Robert H. Morris 1841 — 1844 .Tfimps Harper 1944 — 1847 William v. Brady..'. 1847— 1848 William F. Havemeyer 1848 — 1S49 Caleb S. Woodhull..„ Ambrose C. Kingsland Jacob A. Westervelt Fernando Wood Daniel N. Tlemann Fernando Wood George Opdyke C. Godfl-ey Gunther John T. Hoffman T. Coman {acting mayor)... A. Oakey Hall William F. Havemeyer ■William H. Wickham Smith Ely Edward Cooper William R. Grace Franklin Edson William R. Grace Abram S. Hewitt Hugh J. Grant Thomas P. Gilroy William L. Strong..- 1849-^1851 1851—1853 1853—1855 1855—1858 1858—1860 1860—1862 1862—1864 1864—1866 1866—1868 1868 1869—1872 1873—1874 1875—1876 1877—1878 1879—1880 1881—1882 1883—1884 1885—1886 1887—1888 1889—1892 1893—1894 1895—1897 PROGRESS OF BROOKLYN. 1623 — Brookiyn settied by Europeans in neighborhood of the Waiiabout. 1646 — Brookiyn organized as a viiiage, June 12. 1653 — Brooklyn received a Dutch charter. 1665 — Brooklyn received an English charter. 1686 — Governor Dongan granted a new charter to Brooklyn upon payment annually of 20 bushels of wheat as quit rent. 1788 — Brooklyn organized as a town under state law, March 7. 1801 — Brooklyn organized as a village, April 2. The records show that Brooklyn was re-ferred to as a town as early as 1642. 1801 — Brooklyn incorporated as a fire dis- trict, April 2. Tljere was a fire district in Brooklyn in 1785. 1816 — Brooklyn village incorporated. 1826 — Village of Brooklyn divided into five districts (not wards). 1834 — Brooklyn incorporated as a city, April 8. 1840 — Williamsburgh organized as a town from Bushwick. 1851 — Williamsburgh incorporated as a city, April 7. 1855 — Brooklyn, Williamsburgh and Bush- wick consolidated by act of April, 1854, which ■w^ent into effect January 1, 1855. 1886 — The town of New Lots was annexed to Brooklyn. 1894 — The towns of Flatbush, Platlands Gravesend and New Utrecht annexed to the City of Brooklyn. MAYORS OF BROOKLYN. Mayors. Terms of office. George Hall 1834 Jonathan Trotter 1835 — 1836 Jeremiah Johnson 1837 — 1838 Cyrus P. Smith 1839—1841 Henry C. Murphy 1842 Joseph Sprague 1843 — 1844 Thomas G. Talmage 1845 Francis B. Stryker 1846 — 1848 Edward Copeland 1849 Samuel Smith 1850 Conklin Brush 1851 — 1852 Edward A. Lambert 1853 — 1854 George Flail 1855 — 1856 San-.uel S. Powell 1857—1860 Martin Kalbfleisch 1861 — 1863 Alfred M. Wood 1864 — 1865 Samuel Booth 1866 — 1867 Martin Kalbfleisch 1868 — 1871 Samuel S. Powell 1872 — 1873 John W. Hunter 1874 — 1875 Frederick A. Schroeder 1876 — 1877 James Howell 1878 — 1881 Seth Low 1882—1885 Daniel D. Whitney 1886 — 1887 Alfred C. Chapin 1888 — 1891 David A. Boody 1892 — 1893 Charles A. Schieren 1894 — 1895 Frederick W. Wurster 1896 — 1897 MAYORS OF LONG ISLAND CITY. Mayors. Terms. Abram D. Ditmars 1870 — 1872 Henry S. De‘ Bevoise 1872 — 1875 Abram D. Ditmars (resigned) 1875 John Quinn 1876 Henry S. De Bevoise 1876 — 1883 George Petry ' 1883 — 1886 Patrick J. Gleason 1887 — 1892 Horatio S. Sanford 1893 — 1895 Patrick J. Gleason 1896 — 1897 MEMBERS OF THE GREATER NEW YORK CHARTER COMMISSION THE PATRONAGE OF THE MAYOR I CHAMBERLAIN, $12,000, X Deputies, X Clerks, X Assistants. I CORPORATION COUNSEL, $15,000. X Assistants, X Clerks, X Subordinates. I 4 POLICE COMMISSIONERS, $5,000, 1 Chief of Police, 5 Deputy Chiefs, 10 Inspectors. 127 Captains, 608 Sergeants, 608 Roundsmen, X Detective Sergeants, 254 Doormen, 40 Surgeons, 6,382 Patrolmen, 1 Superintendent of Elections, $6,000, X Officers, clerks and assistants, 1 Chief of Bronx Bureau of Elections, $1,500, X Clerks, officers and assistants, 1 Chief of Brooklyn Bureau of Elections, $4,000, X Clerks, officers and assistants, 1 Chief of Richmond Bureau of Elections, $1,500, X Clerks, Officers and Assistants, 1 Chief of Queens Bureau of Elections, $1,500, X Clerks, officers and assistants. DEPARTMEm' OF PARKS. 1 COMMISSIONER FOR MANHATTAN AND RICHMOND, $5,000, 1 COMMISSIONER FOR BRONX, $5,000, 1 COMMISSIONER FOR BROOKLYN AND QUEENS, $5,000, 1 Secretary, / Landscape Architect, X Clerks, employes, etc., in Manhattan, X Clerks, employes, etc., in Bronx, X Clerks, employes, etc., in Brooklyn, X Clerks, employes, etc., in Queens, X Clerks, employes, etc., in Richmond, 6 ART COMMISSIONERS (no salary). I FIRE COMMISSIONER, $7,500. 1 Deputy in Brooklyn, 1 Chief of Department, $5,000--$8,000, X Deputy Chiefs of Departments, $3,500— $4,000, 1 Inspector of Combustibles, $3,000, 1 Fire marshal in Manhattan, $3,000, 1 Fire marshal in Bronx, $3, 000, 1 Fire marshal in Richmond, $3,000, 1 Fire marshal in Brooklyn and Queens, $3,000 X Assistants and Firemen, X Battalion chiefs, $2,700— $3,500, X Captains, $1 ,800— $2,500, X Lieutenants, $1 ,500--$! ,800, X Engineers, $!,300—$1,600. r ^ 1 COMMISSIONER OF JURORS FOR MANHAT- TAN AND BRONX. 2 COMMISSIONERS OF ACCOUNTS, $5,000. i X SEALERS OF WEIGHTS AND MEASURES. I M INSPECTORS OFWEIGHTSAND MEASURES. m; I I BOARD OF PUBLIC IMPROVEMENTS. PRESIDENT OF THE BOARD, $8,000, 1 Secretary, X Clerks. COMMISSIONER OF WATER SUPPLY, $7,500. 1 Deputy in Manhattan, X Clerks and subordinates, 1 Deputy in Bronx, X Clerks and subordinates, 1 Deputy in Brooklyn, X Clerks and subordinates, 1 Deputy in Queens, X Clerks and subordinates. 1 Deputy in Richmond, X Clerks and subordinates, 1 Chief Engineer, X Assistant Engineers, 1 Consulting Engineer. COMMISSIONER OF HIGHWAYS, $7,500. 1 Deputy in Manhattan, X Clerks and subordinates, 1 Deputy in Bronx, X Clerks and subordinates, 1 Deputy in Brooklyn, X Clerks and subordinates , , 1 Deputy in Queens, X Clerks and subordinates, ! Deputy in Richmond, X Clerks and subordinates, I Chief Engineer, X Assistant Engineers, 1 Consulting Engineer. COMMISSIONER STREET CLEANING, $7,500, 1 Deputy in Manhattan, 1 Chief Clerk, X Clerks and subordinates, 1 Deputy in Bronx, X Clerks and subordinates, 1 Deputy in Brooklyn, X' Clerks and subordinates, 1 Deputy in Queens, X Clerks and subordioates, 1 Deputy in Richmond, X Clerks and subordinates, 3 Medical Examiners, 1 Genera! Superintendent, $3,000, 1 Assistant Superintendent, $2,500, 1 Superintendent of Stables, $2,000, 1 Superintendent of Final Disposition, $ 2 , 000 , 1 Assistant Sup't of Final Disposition, $1,500, 21 District Superintendents, $1 ,800, 8 Time Collectors, $1,200, 125 Section Foremen, $1 ,000, 43 Dump Inspectors, $1,000, 43 Assistant Dump Inspectors, $900, 25 Scow Inspectors, $1 ,000, 3,100 Sweepers, $720, 43 Dump Boardmen, $720, 1 ,600 Drivers, $720, 21 Stable Foremen, $1 ,200, 21 Assistant Stable Foremen, $900, 146 Hostlers, $720, 1 Master Mechanic, $1,800, X Helpers. COMMISSIONER OF SEWERS, $7,500. 1 Deputy in Manhattan, X Clerks and subordinates, 1 Deputy in Bronx, X Clerks and subordinates, 1 Deputy in Brooklyn, X Clerks and subordinates, 1 Deputy in Queens, X Clerks and subordinates, 1 Deputy in Richmond, X Clerks and subordinates, 1 Chief Engineer, X Assistant Engineers, / Consulting Engineer, i Board of Public Improvements (Concl’d). COMMISSIONER OF PUBLIC BUILDINGS, LIGHTING AND SUPPLIES, $7,500, 1 Deputy in Manhattan, X Clerks and subordinates, 1 Deputy in Bronx, X Clerks and subordinates, 1 Deputy in Brooklyn, X Clerks and subordinates, 1 Deputy in Queens, X Clerks and subordinates, / Deputy in Richmond, X Clerks and subordinates, 1 Chief Engineer X Assistant Engineers, 1 Consulting Engineer. IcGMMISSIONER OF BRIDGES, $7,500, 1 Deputy in Manhattan, X Clerks and subordinates, 1 Deputy in Bronx, X Clerks and subordinates, 1 Deputy in Brooklyn, X Clerks and subordinates, 1 Deputy in Queens, X Clerks and subordinates, 1 Deputy in Richmond, X Clerks and subordinates, 1 Chief Engineer, X Assistant Engineers, 1 Consulting Engineer, 1 Chief Engineer and Superintendent of the East River Bridge, $8,000, 1 Assistant Engineer of Bridge, $6,000, 39 Collectors at bridge, 40 Gatemen at bridge, 1 29 Conductors on bridge trains, X Mechanics, electricians, etc., in bridge shops and power house. MUNICIPAL COURT. 1 JUSTICE IN 4TH BROOKLYN DIST., $6,000, 1 1 Clerk, $3,000, j 1 Assistant clerk, $3,000, \ 2 Officers, $1 ,000, I 1 Stenographer, $2,000. \ 1 JUSTICE IN 5TH BROOKLYN DIST., $6,000 1 Clerk, $3,000, 1 Assistant clerk, $3,000, 2 Officers, $1 ,000, 1 Stenographer, $2,000. 1 JUSTICE IN 1ST QUEENS DIST., $5,000 1 Clerk, $2,000; 2 Officers, $1,000; 1 Stenographer, $2,000. 1 JUSTICE IN 2D QUEENS DIST., $5,000, 1 Clerk, $2,000; 2 Officers, $1,000; ! Stenographer, $2,000. 1 JUSTICE IN 3RD QUEENS DIST., $5,000, 1 Clerk, $2,000; 2 Officers, $1,000; 1 Stenographer, $2,000. 1 JUSTICE IN 1ST RICHMOND DIST., $5,000, 1 Clerk, $2,000; 2 Officers, $1,000; 1 Stenographer, $2,000. 1 JUSTICE IN 2D RICHMOND DIST., $5,000 1 Clerk, $2,000; 2 Officers, $1,000; ! Stenographer, $2,000. ‘ '5 CIVIL SERVICE COMMISSIONERS. I 1 Secretary, X Examiners and Subordinates, DEPARTMENT OF^ TAXES AND AS- SESSMENT. / PRESIDENT OF THE BOARD, $8,000, 4 COMMISSIONERS OF TAXES AND ASSESS- MENT, $6,000. 40 Deputy Commissioners, $2,700, X Employes in main office, X Employes in Brooklyn, X Employes in Queens, X Employes in Richmond, • X Employes in Bronx, 1 Chief Surveyor, X Assistant surveyors. THE CHARTER OP THE CITY OF NEW YORK. 1.57 M; a. Y O R— (CONC1.UDEI)). I BOARD OF CITY MAGISTRATES IN FIRST DISTRICT (Manhattan and Bronx.) 12 MAGISTRATES, $6,000. 1 Secretary to the Board, 6 Police Clerks, $2,500, X Assistant Police Clerks, X Interpreters, 1 for each court, X Stenographers, 1 for each court, X Attendants, 2 for each court. BOARD OF CITY MAGISTRATES IN SECOND DISTRICT, (Brooklyn, Queens and Kichmond.) 7 MAGISTRATES IN BROOKLYN, $6,000, 3 MAGISTRATES IN QUEENS, $5,000. 2 MAGISTRATES IN RICHMOND, $5,000. I Secretary to the Board, II Police Clerks, $2,500, X Assistant Police Clerks, X Interpreters, 1 for each court, X Stenographers, 1 for each court, X Attendants, 2 for each court. 5 JUSTICES OF THE COURT OF SPECIAL SESSIONS IN FIRST DIVISION, $6,000. (First division includes Manhattan and Bronx.) 1 Clerk, $4,000, 1 Deputy Clerk, 1 Stenographer, 1 Interpreter, X Officers and Attendants. 6 JUSTICES OF THE COURT OF SPECIAL SES- SIONS IN THE SECOND DIVISION, $6,000. (Second division includes Brooklyn, Queens and Eichmond.) 1 Clerk for Brooklyn, $3,000, 1 Deputy Clerk, 1 Stenographer, 1 Interpreter, X Officers and Attendants, 1 Clerk for. Queens, $2,000, 1 Stenographer, 1 Interpreter, X Officers and Attendants, 1 Clerk for Richmond, $2,000, 1 Stenographer, 1 Interpreter, X Officers and Attendants. \ * DEPARTHENT OF PUBLIC CHARITIES 1 COMMISSIONER IN MANHATTAN ANd\ BRONX, $7,500, 1 Deputy, X Subordinates and assistants, 1 COMMISSIONER IN BROOKLYN AND QUEENS, $7,500, 1 Deputy, X Subordinates and assistants, 1 COMMISSIONER IN RICHMOND, $2,500, X Subordinates and assistants. The board as a whole appoints: 1 Secretary, X Subordinates and assistants. COMMISSIONER OF CORRECTIONS, $7,500. 1 Deputy in Brooklyn, X Deputies, X Assistant Deputies, X Superintendents X Wardens, X Subordinates, BUREAU OF MUNICIPAL STATISTICS. 6 COMMISSIONERS OF STATISTICS. 1 CHIEF OF BUREAU, $3,500. X Assistants. I DEPARTMENT OF EDUCATION. 21 MEMBERS OF SCHOOL BOARD FOR MAN- HATTAN AND BRONX. 1 1 Delegates to General Board of Education 1 Secretary, X Clerks and subordinates, X Inspectors, 1 Borough Superintendent of Schools, Nominates x Attendance Officers to School Board, 12 Associate Superintendents, X Principals, Branch Principals, Supervisors Heads of Department and Teachers on nomination of board of borough superin- tendents. 45 MEMBERS OF SCHOOL BOARD FOR BROOKLYN, 6 Delegates to General Board of Education, 1 Secretary, X Clerks and subordinates, X Inspectors, 1 Borough Superintendent of Schools, Nominates x Attendance Officers to School Board, 8 Associate Superintendents, X Principals, Branch Principals, Supervisors Heads of Department and Teachers on nomination of board of borough superin- tendents, 9 MEMBERS OF SCHOOL BOARD FOR RICH- MOND. 1 Delegate to Genera! Board of Education, 1 Secretary, X Clerks and subordinates, X Inspectors, 1 Borough Superintendent of Schools, Nominates x Attendance Officers to School Board, 2 Associate Superintendents, X Principals, Branch Principals, Supervi- sors, Heads of Department and Teachers on nomination of board of borough super- intendents, 9 MEMBERS OF SCHOOL BOARD FOR QUEENS, 1 Delegate to General Board of Education, 1 Secretary, X Clerks and subordinates, X Inspectors, 1 Borough Superintendent of Schools, Nominates X Attendance Officers to School Board, 2 Associate Superintendents, X Principals, Branch Principals, Supervi- sors, Heads of Department and Teachers on nomination of board of borough su- perintenden ts. The General Board of Edircation, composed of 19 delegates elected as above, elects: 1 Secretary, 1 Chief Clerk, X Clerks, officers and subordinates, 1 Superintendent of School Buildings, 1 Deputy in Manhattan, 1 Deputy in Bronx, 1 Deputy in Brooklyn, 1 Deputy in Queens, 1 Deputy in Hichmond, Nominates all Janitors in each borough, 1 Superintendent of School Supplies, X Deputies and subordinates, I City Superintendent of Schools, X Clerks, Nominat?s 4 members of the board of examiners, X Auditors. 38 MARSHALS IN MANHATTAN AND BRONX. I 15 MARSHALS IN BROOKLYN. I ” 6 MARSHALS IN QUEENS. 1 ^ 4 MARSHALS IN RICHMOND. \ > j DEPARTMENT OF BUILDINGS. / COMMISSIONER IN MANHATTAN AND BRONX, $7,000, X Superintendents, X Inspectors, X Engineers, X Clerks, X Messengers, X Assistants and subordinates. 1 COMMISSIONER IN BROOKLYN, $7,000, I X Superintendents, X Inspectors, X Engineers, X Clerks, X Messengers, X Assistants and subordinates. 1 COMMISSIONER IN QUEENS AND RICH- MOND, $3,500, X Superintendents, X Inspectors, X Engineers. X Clerks, I X Messengers, X Assistants and subordinates The board as a whole appoints: 1 Secretary, X Subordinates and clerks. 3 HEALTH COMMISSIONERS, $6,000. (The president of the board receives 87,500.) I 1 Secretary, $5,000, I 1 Chief Clerk, $3,000, I . 40 Sanitary Inspectors (laymen}, 30 Sanitary Inspectors (physicians), v Sanitary Engineers, 1 Sanitary Superintendent, $6,000, 1 Registrar of Records, $4,000, 1 Assistant Sanitary Superintendent in Manhattan, $3,500, 1 Assistant Registrar of Records, $3,000, 1 Assistant Chief Clerk, I X Clerks and subordinates, 1 Assistant Sanitary Superintendent in Bronx, $3,500, 1 Assistant Registrar of Records, $3,000, 1 Assistant Chief Clerk, X Clerks and subordinates, I I Assistant Sanitary Superintendent in Brooklyn, $3,500, 1 Assistant Registrar of Records, J$3,000, 1 Assistant Chief Clerk, X Clerks and Subordinates, 1 Assistant Sanitary Superintendent in Queens, $3,500, 1 Assistant Registrar of Records, $3,000, 1 Assistant Chief Clerk, X Clerks and subordinates, 1 Assistant $anitary Superintendent in Richmond, $3,500, 1 Assistant Registrar of Records, $3,000, 1 Assistant Chief Clerk, X Clerks and subordinates. 3 COMMISSIONERS OF DOCKS, $5,000. (The president of the board receives 86,000). 1 Secretary, X Officers, clerks, assistants and agents EXPLANATION: THIS TYPE INDICATES APPOINTEES OF THE MAYOR. This type indicates appointees of the Mayor’s appointees. This type indicates appointees of the appointees of the Mayor’s appointees. The letter x indicates an uncertain or un* defined number. Review of the Charter Lecture by the Hon, William C. De Witt. The Hon. William C. De Wilt, chairman of the committee that drafted the charter of the Greater New York, lectured on the charter in Historical Hall, on Thursday evening. May 20, 1897. He spoke as follows: In designing a governmental system for a city of 3,000,000 people, the constitution of the United States naturally occupied a conspicu- cus place among the models to be consulted. The rare combination of powers grouped in one republic, the exquisite welding of states sovereign over their domestic affairs, and, in turn, made up of towns, villager, cities and counties, each enjoying an adequate measure of home rule, into an indissoluble union under a supreme federal authority, have rendered the constitution of our country the most per- fect fabric of civil society the world has yet seen. No higher tribute to the organic prin- ciple upon which it was constructed could be had than that which is presented in the mod- ern politics of England, where, under the doc- trine of home rule, it is proposed to assimilate the British Empire to our Federal Union. It Is a principle enforced by all experienced. The map of Europe is now as wariegated as the face of a checker-board, with different kingdoms and countries, although in the fourth century Europe was wholly under one dominion, and we thus know from history that progresio has everywhere exacted at the hands of imperialism a division of domain and a distribution of power. Undivided and unbalanced centralism is incompatible with civilization. The advent and grow'th of municipalities mark the intellectual progress of England, and her statesmen may well boast of the fact that if parliament were diss.olved and the king driven into exile there would still remain in the municipalities — the towns, villages, cities and counties of the realm — sufficient power to protect the lives, property and prosperity of the English people. The same sentiment characterized the New England of the Pil- grims in their devotion even to the school district as a cradle of liberty. Any govern- mental system, therefore, to be agreeable to the genius of our institutions, should yield to each distinctive community an appropriate measure of home rule, while consolidating it Into a common association, however large, whether imperial or Republican. This or- ganic principle by which large states are made up of small states — imperium in imperio — wheels within a W'heel, sustaining and not conflicting; a galaxy, not a solid; each orb moving in its sphere, yet all revolving around a central sun — is quite as appropriate to the organization of great cities and is just as in- dispensable to a proper distribution of their municipal powers as it is to states. It is not an appurtenant to land. It is an attribute to liberty. It was not made applicable to any city, by the master builders of our republic, because there was no great city in the coun- try when the constitution w'as formed. While the authors of the constitution took their in- spiration from the system of states then ex- isting and the spirit of community indepen- dence which had been the mainspring of the Revolution, they knew quite well that these things had their origin in a race which had fewer acres than great men. Jfrom the Am- phictyonic league, which was a league of states, to the Achaen league, which was a league of cities, the federative principle gov- erned and characterized the political phil- osophy and institutions of the Greeks. And it is easy to discern, especially from the papers of Madison, that the American system remotely took its rise on those classic heights. Divisions of London and Paris. Beside the theory of aggregation rather than unification has been enforced in the ac- tual development of the present great cities of the world. “As modified by the act of 1855, the government of London, within what is known as the metropolitan area, consisted of the city corporation, the metropolitan board of works and thirty-eight vestriets and dis- trict boards." Paris is divided into twenty arrondissements, with four subdivisions. Each of these arrondissements has a mayor and has local rights and powers for local purposes. New York has already found it needful to give the trans-Harlem a separate administration of public works. At one time the hor.ses en- gaged in istreet cleaning were .stabled so far away from some parts of the city that it took them at times half a day to go and come from the locality where they were needed for the work in hand. It would be to fly in the face of all experi- ence to attempt to unify all the municipalities which are to constitute Greater New York under an imperial system, having no regard for the autonomy, the rights or the local in- terests of the various communities. It would be to adopt the systems of Asia and to return to the dark ages. In 1881 I drafted a plan for the consolida- tion of the municipalities lying about the har- bor of >Jew York within the boundaries of this state, on what is now known as the bor- ough system, and I have advocated it strenu- ously ever eince. It was enforced upon me by the principles and examples I have crudely stated, and it has been a great satisfaction to have it approved by all who have given careful study to the subject. It is interesting to note that the present movement for the municipal reform and uni- fication of London arcee from an effort ' in Parliament to reorganize the towns of Eng- land, it being by common consent anfong the statesmen of the country assumed that these minor divisions are to be recognized in sub- stance as well in the urban as in the rural sections of the realm. In the report of the royal commission of 1894, appointed “to recommenfi a scheme fpr the complete municipal unity of the metrop- olis,” eto., we find the following trenchant statements: “A consideration of the evidence w'e have received confirms the opinion suggested by the course of previous inquiries and in legis- lation, or, in other words, of the bistorlo de- velopment of the metropolis, that the gov- ernment of London must be intrusted to on© body exercising certain functions throughout all the areas covered by the name, and to a number of local bodies exercising certain other functions within the local areas which collectively make up London.” * « * “We are in all cases dealing with areas which possess the characteristics of town life, and the organization of their joint and several governments should be settled accordingly. London, we repeat, is one large town, which for convenience of administration as well as from local diversities, comprises within itself several smaller towns, and the application of the principles, and still more of the machinr ery of the municipal government to these several areas must be limited by conditions arising from this fact.” Necessity for a Central Governing Body. Again, “It has grown into so general an ac- ceptance that all the witnesses before us, we believe, without exception, concur in recogniz- ing the necessity fop the existence of a central body exercising functions common to London as a whole, and of local bodies exercising functions restricted to their localities. Many witnesses have urged the propriety of estab- lishing some personal connection between the local governing bodies and the central author- ity of the metropolis, and we concur in thinkr ing this desirable, but we believe it could be best secured by making, where the areas are conterminous, the members of the central board elected for any district ex-officio mem- bers of the local governing body of the dis- trict. “We believe the same friendly reception would be generally experienced, and the re- organization of the old city affords an oppor- tunity of introducing an element which would bring the corporation of the whole city into touch with the councils of its component parts.” It may be assumed from the article by the lord mayor of London, published in the North American Review for October, 1884, that there is a common concurrence of the leading minds of England on this plan of consolidation — notably of Lord Rosebery and Sir William Karcourt, consolidationists, on the one hand, and of Lord Salisbury, Mr. Chamberlain, Mr. Arthur James Balfour and Professor Goldwln Smith, “following men like Sir George Corn- wall Lewis, Sir George' Grey and Mr. John Stuart Mill on the other hand.” The principle thus presented ought to be familiar to every Aenerican citizen. It is none THE CHARTER OP THE CITY OP NEW YORK. l.o9 other than that doctrine of community rights lying at the source of American institutions and evinced in all its manifold forms — towns, villages, cities, counties — from the old school disricts of New England to the states united under the federal constitution. It is that fun- damental axiom which teaches us in all forms of government, while effectuating central and supreme power and general unity, to preserve and develop the humbler, but not less sacred, rights of man in his closer and more familiar relations. ^ Boroughs of Nature’s Own Forming. Proceeding upon the principle thus outlined and exemplified, the Greater New York char- ter divides tfce city into the five boroughs which nature and history had already formed; that is to say: (1) Manhattan, consisting of the island of Manhattan and the outlying islands naturally related to it. (2) The Bronx, that is to say, all that part of the present city of New York lying north of the Harlem, a territory which comprises two-thirds of the area of the present city of New York. (3) Brooklyn. (4) Queens, consisting of that portion of Queens county to be incorporated into the Greater New York. (5) Richmond, that is, Staten Island. Power is given to the municipal assembly to subdivide these boroughs still further, in case of need. But Greater New York will start with these five grand divisions. The need and the propriety of these divi- sionis for administrative work will not be gainsaid by any enlightened man. We have in Mr. Joseph Chamberlain the highest au- thority for the statement that a population of one-half a million is practically the largest number that oan be governed administratively from one center with the individual attention and constant assiduity that have contributed so much to the usefulnesis and popularity of corporation work.’ It needs only common knowledge and perception to understand that all the administrative business of Greater New York could not be transacted from one city hall, with any regard for the convenience of the people or for the expedition of public bus- iness. The striking progre<3s in the efforts of government to bring its service nearer to the homes of the people required like effort on the part of the charter makers. To ask the residents of Jamaica, Flatbush and Staten Island to transact all their business with the city at the New York city hall alone wmuld be no less ridiculous than to compel them to mail all their letters in the New -York post office. W'e have a letter box on every corner, and nobody has suggested that this distribu- tive syetem has tended to the disintegration of the pestal department. I remember that while riding along the borders of a British lake, upon coming to a point where the water had flooded and excavated the roadv/ay so as to cause much inconvenience to the coach, I said to the driver: “Why do you not have that repaired?’’ He replied, “We have been trying to do it for fifteen years.” I said I thought it might be done in fifteen hours, at which he exclaimed “Great heavens, man, we have to get an act of parliament.” As the city grows in population how doubly absurd it would be, for example, if all of the five millions of peo- ple seeking local improvements, v/ishing to pay their taxes; or to have their water pipes repaired, or desiring any of the multitudinous acts or attentions of the administrative or legislative departmenta were obliged to go to one center. In addition to the neglect from which unfavored sections would suffer, you would have in such a central hody the ma- chinery and opportunities for misrule, extrav- agance and corruption frightful to contem- plate. Common sense dictated the plan of aggregation rather than unification as indis- pensable to honest and expeditious admlnia- tration. Rivalry of Boroughs Will Tend Toward Better Government. Beside, it is a vulgar error to assume that only material and pecuniary interests are to be considered in the construction of a muni- cipality. The civic pride of the people and the rival of sections w’ill be potential fac- tors in the election of good officers and in the maintenance of honest rule. Each of the five grand boroughs has an autonomy and history of its own. I speak for Brooklyn when I say that her citizens will linger with patriotic affection upon the memories of her past, and will enforce with unflinching en- ergy the promises of her future. To foster this spirit of rivalry the charter wisely provides that each of the boroughs shall have a president elected by its own people. He shall sit in the office of the pres- ent mayor, surrounded by the administrative officers of the consolidated city. He will be on guard and on the lookout for the inter- ests of his borough. In his person the spirit of the old city will survive, though blended Into a grander association. In further development of the borough sys- tem Greater New York is divided into twen- ty-two districts, corresponding to the exist- ing senatorial districts, in each of which will be a local board. Nicely, the term “bor- ough” would, from a literary standpoint, apply more aptly to these districts than to the larger divisions, which might have been called departments. But in a combat for great essentials it is not alw'ays wise to quar- rel over words. The local boards will hold their meetings at the city hall of the bor- ough, whose president will preside over them. Each local board may take the initiative in all local improvements, primary in char- acter, the cost of which is to be paid by assessment on abutting property. These are the opening, grading, paving of streets and the like. As already suggested, so numer- ous are these primary improvements, and so rapidly do they accumulate in a vast and growing city, that they could not be at- tended to in Greater New York from one cen- tral body “with the individual attention and constant assiduity that have contributed so much to the usefulness and popularity of cor- poration work.” Unfavored sections, too, would be neglected. A property owner in one end of Greater New York will be the natural competitor against a property owner at the other end, since he will desire the development and improvement of his prop- erty in preference to that of his distant fel- low citizen. Beside, under the system of local bqp.rds, the work is initiated and con- ducted immediately under the eyes of those who are to bear the burden, and whose self- interest will prompt them to spy out bad con- tract and corrupt and unwarranted assess- ments. Supervisory Duty of Beneficial Results. Again, the members of the local boards are charged with the duty of furthering good or- der, peace, good morals and good government in the neighborhood of their district — not by vesting them with any separate or controlling power over these subjects, but to such an ex- tent that they may aid the police, the judic- iary, the officers of charity or of the street department, by calling their attention to V/lfatever requires their action. This moral or supervisory duty, in aid aud in reminder of public officers, has proven of great benefit in foreign cities, where the system is carried to a much further* extent than that adopted in the charter. It is not difficult for the wealthy or the in- fluential to make their grievances heard and appreciated, but in a city of many millions the obscure citizen, who might never be heard, either in the municipal assembly or at the ad- ministrative department, can at least make known his wants or his wrongs to the neigh- borhood member of his local board, and the duty and ambition of that member will be pledged to help the lowly and to advance the good government of his constituents. Should the members of any local board prove derelict in these agencies the duty and the dominion of the general government will remain all the same, and hence the general system cannot ill any event be impaired; but the action and the dominion of the general government will be greatly aided and enlarged v/here the mem- bers of the local boards are alert in the Inter- ests of their localities. I have thus described at the outset the division of domain and the distribution of power incidental to that division contained in the charter. I submit that it is in keep- ing with the teachings of history and the philosophy of our civilization. The civil laws and the fabrics of government, arising from the experience of mankind follow a line of consistent progress, involving a sur- vival of the fittest and indicative of a single source, just as plainly as do the physical laws and advancing species of our race, and I have no doubt that the system we have con- structed in the light of experience, although complex in design, will adapt itself to every w'ant of the vast multitude and to every im- pulse of the imperial city, and will, in prac- tice, operate with simplicity and harmony. When consolidation was first impending our foremost citizens apprehended that Brooklyn was on the verge of a precipice; that her autonomy was to be destroyed; that her name and traditions were to be lost; that she was to be amalgamated with the city of New York and governed by one mayor and one common council, after the fashion of the notorious days in the history of our neighboring city. Broooklyn Greater as a Borough Than as a City. The protracted labors of the commission are over and the charter has become a law. Brooklyn will be greater as a borough than she is as a city. She will be the grandest of the five divisions of the imperial metropolis. Her area will be 65% square miles. That’ of Manhattan will be 21 square miles. Her pop- ulation is already 1,400,000; that of yianhattan 1,743,000. It is easy to foresee the ultimate and per- manent supremacy of Brooklyn. Brooklyn by the charter is given her own school moneys and school system; her own park moneys and a park commissioner with exclusive administrative jurisdiction on this side of the river. She has her own charity moneys and her own charity commissioner, with like exclusive jurisdiction. As I have already stated, all the administrative offices are seated here, although the chief head is located in Manhattan. Brooklyn will no longer bear a dispropor- tionate share of the taxes collected for the education of the young, the protection of persons or of property, or of any of the other objects or purposes of municipal government, which common fairness and justice require should be borne with absolute equality throughout the whole domain of the metro- politan community, dweliing about this bar- 160 THE CHARTER OP THE CITY OF NEW YORK. bor, however hitherto divided, either by the laws of nature or the laws of man. By the enforced surrender of her system of collecting annual taxes ra advance, and the substitution of the system of New York, which makes the collection at the end of the year, Brooklyn escapes all taxes in 1898, and there- by receives an ante-nuptial present of $15,- 000,000. No wonder the people of Brooklyn are unanimous in support of the charter, and yet' I positively declare and affirm that nothing has been accorded to the borough of Brooklyn to which she is not absolutely en- titled in fairness and justice. The charter has been drawn with icnpartial fidelity to the supremo municipality which it creates, and I challenge any man to point out a single in- stance of favor or partiality shown on any page toward one borough in preference to another. I desire right here to state that the substitution of the system of collecting as- sessments for local improvements after they are made for the Brooklyn system, which pro- vides for a payment in advance and absolute security before the city issue a single bond, was forced through the commission by the mayor and corporation counsel of New York against my most earnest and persistent oppo- sition. The question now arises, in what way are these divisions consolidated, and how are these local boards made one with the general system? The answer is easy. The body in- corporate includes all the boroughs. A com- mon mayor and common administrative de- partments govern the whole city, each depart- ment having offices in each borough; and the local boards are made up of the members of the municipal assembly, resident in the dis- trict. The new municipality is, in law, a body made up of many bodies and in constant touch with all its component parts. Municipal Independence Assured. In order that the city may enjoy municipal Independence to the full extent attainable under the state constitution, the legislative body is intrusted with every legislative pow- er, known or conceivable, under the range of municipal jurisdiction. In like manner the mayor and the adminis- trative departments, the heads of which are appointed by him, are given a like unlimited measure of executive and administrative pow- ers. To perfect these grants under the strict rule of construction applicable thereto, the Charters of all the respectable cities of modern times were consulted, and, with checks and balances needful to wise and careful govern- ment, nothing has been withheld from the new iitjr, to W’hich our allegiance W'as primarily due. The volume of powers granted ought to relieve the city from all need to have recourse to Albany to conduct its government in the future. The mayor and municipal assembly represent the entire corporation and are su- preme over all its branches. Here, then, is centralization and community rule in perfect accord. On the final decision as to the formation of the legislative body, the commission was gov- erned by the example set by the constitutional convention of 1787. The colonial or confeder- ate congress of the revolutionary epoch con- sisted of a single chamber. It had proven it- self inefficient even in the exercise of the lim- ited powers with which it was intrusted. Hamilton characterized a single chamber as "one of the most execrable forms of govern- meat that human infatuation ever contrived.” John Adams said: "Of all possible forms of government, a sovereignty in one assembly, successively chosen by the people, is, perhaps. the best calculated to facilitate the gratifica- tion of self love, and the pursuit of the private Interests of a few individuals. Accordingly, we find in all the Italian republics, the minor- ity always were driven to arms In despair.” Franklin was equally opposed to a single chamber. Appeals to history were made to show that it had been employed only in the Italian states where it had been an instrument of extravagance and disorder as in France where it afterward proved the ready Instru- ment of the authors and actors of the French revolution. It is not clear but that all the members of the convention shared even in the violence of opposition expressed in these quotations. At any rate, no one can deny that Judge Story has accurately stated the position in which every member concurred in respect to the legislative branch of the federal government under the constitution. He says: “Under the confederation the whole leglelatlve power of the Union w'as vested in a single branch. Limited as was that power, the concentration of it in a single body was deemed a prominent defect of the confederation. But, if a single assembly could properly be deemed a fit recep- tacle of the slender and fettered authorities confided to the federal government by that in- strument it would scarcely be consistent with the principles of good government to Intrust it with the more enlarged and vigorous pow- ers delegated in the constitution. The convention of 1787 was making a gov- ernment for three millions of people. The charter commission had an equal number with which to deal. Single Chamber Government Unsatis- factory. The single chamber, or Board of Aldermen both in Brooklyn and in New York, had pro- ven most unsatisfactory, even with the “slen- der and fettered authority” confided to it in the past: and it would have been inconsistent and foolhardy to entrust it with “the more en- larged and vigorous powers” delegated by the charter. The commission followed the example of a convention presided over by Washington, and of whose members, even during the animcisi- ties of war. Lord Chatham said: “For myself I must declare and avow that in all my read- ing and observation, and history has been my favorite study (I have read Thucydides and have studied and admired the master states- men of the world) for solidity of reasoning, force of sagacity and wisdom of conclusion, under a complication of difficult circum- stances, no nation or body of men can stand in preference to the general congress at Phila- delphia.” If, however, the double chamber had had no such support in high authority, it would still have been indispensable from practical con- siderations. To make up the local boards of the various districts it was necessary Jhat the legislative body should consist of the number of members provided by the charter for both houses. There are to be sixty aldermen and twenty-nine councilmen, making in all eighty-nine members of the municipal assem- bly. The highest authority exists in favor of a much larger number in the legislative branch of a city of such magnitude. With less it would have been Impossible to rightly constitute the local boards. Even as it is, Richmond will have only three members of her local board, and in one of the Bronx dis- tricts there will be only two members of that body. Beside, the members of the municipal assembly in each county are made the board of supervisors for that county to discharge those duties which are required by the con- stitution to be discharged by a board of supervisors. Undqr the prescribed number the board of supervisors of Richmond County will consist of only three members. It being thus indispensable that the members of the legislative body of the city should aggregate eighty-nine in number what possible reason can be assigned in favor of seating them in one chamber instead of two? The Double House Imperatively Advis- able. On the other hand, how clear is the propo- sition that if the number is to be necessarily the same, the double house is imperatively advisable. You get a different constituency for each house; a different form and method of election; a different class of men; all the checks against hasty and inconsiderate legis- lation; more publicity and discussion upon each measure; and a more dignified body as a substitute for the legislature of the state, at no greater cost and by no larger Intru- sion upon the jurisdiction of the co-ordinate branches of the government. When, in addi- tion, it is considered that we have seated the heads of the departments on the floor of the board of aldermen and the ex-mayors on the floor of the council, it Is at once apparent that the grander legislature has every ad- vantage and is open to no serious objection. It is worthy of notice that of all the critics of the bi-cameral system who have talked or written on the charter each one of them ap- pears in blissful ignorance of these facts, which are conclusive on the subject. As already suggested, the committee has assumed that the Greater New. York must have a charter which will give the city all the powers that are necessary to conduct its own affairs. Having constructed an appro- priate legislative branch, I do not think we can have failed in allotting to this body every right, power and privilege which the history of cities and the conditions of Greater New York suggest as needful to the enjoyment of self-government within appropriate limita- tions. We considered in this respect the constitutions of European and American cit- ies, especially those of Paris, Berlin and Budapest, upon the continent; of Glasgow, Manchester, Birmingham and London, in Great Britain, and those of St. Louis, Brook- lyn and New York, in this country. We have conferred upon the Municipal Assembly legis- lative authority over every subject known to municipal jurisdiction. We gathered and preserved all the legislative powers hereto- fore vested in New York and Brooklyn, and, in addition, entrusted the new city with the original powers to build bridges or tunnels over or under the rivers within its domain; construct parks, school houses and publio buildings, and generally to execute those higher and more expensive functions needful to meet the wants arising from the rapid growth of population and the advancing great- ness of the metropolis. We have, however, respecting the mode of exercise of the powers of the Municipal As- sembly effected a radical and far reaching distinction between those powers which, in a judicial sense, are political, and those pow- ers which, in the same sense, are proprietary in character. Liberties of the Citizen Unrestrained. As to everything concerning the rights, privileges and liberties of the citizen, the leg- islative body is subject to no restraint. But In respect to the large and costly range of works and properties comprised in the general term “public improvements” we have deter- mined that the initiative, in each case, shall be with the board of public improvements, anl other appropriate departments, and that THE CHARTER OF THE CITY OF NEW YORK. IRl the action of the Municipal Assembly shall be also subjected to the concurrence of the Commissioners of Estimate and Apportion- ment. When the multitude and magnitude of the public works and properties of the Greater New York at present and in the future are duly considered — the bridges over the East River and the Harlem River, the Croton and the Ridgewood water works, Central Park and Prospect Park and the other parks, boule- vards and driveways, the number of streets and avenues paved or to be paved, or to be repaired and repaved; the vast extent of the sewer system, etc. — it is quite obvious that these works should be primarily controlled by expert and administrative authority, so that they may be developed and distributed upon a fixed plan yielding the greatest service to the city as a whole, producing co-operative uni- formity, and should be deisigned and con- structed obediently to tbe highest attainable scientific agencies. For this reason 'we thought that in the institution of new works or properties of the character described, or in the development of such as may be old, the action of the municipal corporation, on its proprietary side, should originate with the Board of Public Improvements or administra- tive department. From a like consideration of the enormous outlay of money to be con- stantly required by the municipal corporation in its capacity as proprietor, we thought that the action of the Municipal Assembly should be dependent upon the concurrence of the Commissioners ' of Estimate and Apportion- ment, who should be always familiar with the volume of taxation and the extent of the city debt, and whose highest function it will be to guard the solvency of the corporation and to lighten the burdens -of taxation. These checks and safeguards against extravagance and cor- ruption cannot be overcome in the interest of jobbery or peculation until each depart- ment has become venal and our people lost to all sense of public honor. Nor are these checks in any degree an abridgement of the sovereignty of the people. The officers of the executive and administra- tive branches of government spring no less from the people than the members of the Leg- islature, and it is, therefore, in principle, merely a question as to which method will be most conducive to economical and honest gov- ernment, These are the only restraints apart from the veto power placed on the Municipal i Assembly. In short, I am sure that everyone, upon reading the chapter on the legislative department, will admit that consolidation is thereby effected under a central government equipped for every emergency so far as the future can be 'discerned by the past or antici- pated by diligent study and forethought. If, however, more is needed to make unifica- tion complete, it will be found in the consid- eration of the deputed powers of the mayor and of the administrative departments. Mayor’s Power of Appointment. The Mayor is given the power to appoint all the administrative and executive officers, excepting the Controller, who is rendered elective by the people every four years, so that the treasury and finances may be con- stantly in the hands of an independent de- partment. The Mayor will be ex officio presi- dent of the Board of Public Improvements. He may direct the police in the enforcement | of the laws, and in time of tumult or riot he may demand the assistance of the state militia ' located within the city. He will have super- visory control over the various departments 1 and an enlarged veto power upon the acts ■ of the Municipal Assembly. His power and Satronage will be so great that it is no ex- | aggeration to say that he will in these par- ticulars be a dignitary second only in im- portance to the President of the United States. The Board of Public Improvements is made up of the Mayor, Controller, corporation coun- sel, presidents of the various boroughs, each to have a vote only on matters concerning his borough; and the respective heads of tbe de- partments of water supply, of highways, of street cleaning, of sewers and of public build- ing, lighting and supplies. In this body all the large public works to be conducted by the various departments mentioned must orig- inate. I have no time to speak in detail of the va- rious departments; of department of finance, upon which we spent so many days of investii gation and of labor, assisted by the most ex- pert financiers the chapter upon which, when completed, met with the hearty commendation of the efficient gentleman who is now the con- troller of the City of New York; of the law de- partment, in the construction of which we abolished all the special attorneyships exist- ing in the several administrative departments of the various municipalities and intrusted the entire law business of the city to the sole care of the corporation counsel, who is given pow- er, subject to the limitation, arising from the amount annually appropriated lor the purpose by the Board of Estimate and Apportionment, to appoint as many assistant corporation coun- sels or attorneys as may be necessary to at- tend to all the law business of the city, or any of its officers; of the department of charities, with all its great and sacred trusts, wherein we have brought the city into co-operation with the State Board of Charities, conforma- bly to the new provisions of the constitution of 1894, in the composition of which we had the efficient aid from the public discussions before us and from private communications from the leading philanthropists of the state, and the foremost members of the New York bar — Mr. Choate, Mr. Gerry and Mr. Bliss; of the department of parks, where all the parks, great and small, plazas and public places with their adjunctive boulevards and driveways, are placed under one symmetrical system under the control of expert architects, in which we had much assistance from men like Paul Dana, who have given years of their lives and thought to these grand proper- ties; of the department of buildings, the chapter on which at the public hearing re- ceived the utmost commendation from archi- tects, builders and all those concerned in its practical operations; of the department of corrections, which underwent tbe examina- tion of the various cognate officers in the different municipalities without a single ob- jection; of the fire department, to the con- struction of W'hich those most experienced — like William Cullen Bryant of Brooklyn — suggesetd many novelties and betterments; of the department of docks and ferries, wherein after persistent effort to endow the city with a title to all the tideways and waste and unpatented lands within its do- main, we at least succeeded in giving it the prior right to these properties, and in cloth- ing the municipality with a primary power to control and develop the great harbor on both sides of the East River, upon both sides of the great bays and along its ocean front, which never again can be polluted by the dumping scow, but will hereafter be washed by the ocean in its native purity and beauty; of the Department of Taxes and Assessments, far too intricate and complicated to be dis- cussed on this occasion, but which, perhaps, required more time and closer study than any other; of the Departments of Water Sup- ply, of Highways and of Sewers; of the De- partment of Street Cleaning, wherein we adopted the present vigorous and efficient system of the City of New York; of the De- partment of Public Buildings, Lig'nting and Supplies, wherein we abolished the board of electrical control and created an agency adequate to conduct all the modern uses of electricity by wires laid underground to the exclusion of the unsightly network of overhead wires now e.xistlng in some of the municipalities, and providing the citizen with inspectors competent to see not merely that the required volume of gas or electricity is furnished, but that the gas is of the requisite quality and the electricity of the required force; of the Department of Bridges in which the great East River Bridge, as well as the bridges over the Harlem and elsewhere, is handed over to the care of a single head care- fully retaining in their places those officers who, by study and experience, are familiar with the peculiar mechanism of the greater structures; of the Department of Health, in which we have garnered all the provisions for the preservation of the life, comfort and health of the citizen, known to the voluminous charter of the City of New York and the other and better charters of our country; of the De- partment of Education, constructed under the guidance of our distinguished colleague, the president of the Columbia University, assist- ed by the aids and advisors who naturally sur- round him, and which ought to be the best system of education known to the cities of the globe. All these various departments, as con- stituted by the charter, have been under pub- lic consideration for several months, and it must be inferred from the fact, that in the midst of the somewhat heated opposition to consolidation under the charter no objection has been made to either of them, that they have met with general acceptance. A Minor Gem of the Charter. Among the minor gems of the charter I may mention the art commission, which, emanating with the Society of Arts and Sci- ences in the city of New York, was finally, with the aid of Mr. Elihu Root, put into legal form agreeable to tbe constitution of the state. In this section we have, with some- thing of tbe Athenean spirit, cared for public works of art, and seen to it that no public building, memorial, statuary or work of art can be erected in any one of the public places of the city without the approbation of expert and distinguished artists. I commend also the munificence with which the various insti- tutions of the arts and sciences, situated in our parks and throughout the great city, hava been treated. I like the advance which will test the drugs and medicines sold by pharma- cists, not merely in search of adulterations, but so that all drugs and medicines shall be known to be of the requisite freshness and potency. I was glad to make the Sunday law uniform, so that a gentleman may be made presentable by going to a barber openly at any time before 1 o’clock on either side of the bridge; and, in a sporting spirit, I like the sections which provide for regattas on our rivers and bays so that when a great event like the international regatta takes place the police may clear the race course and the flying vessels be no longer impeded by tugs or insolent craft. The measure which au- thorizes the issue of city bonds in small amounts so that the humblest citizen may in- vest his earnings in the debts of the metrop- olis, is a feature of deserved popularity. There are in my judgment only two sub- stantial errors in the charter. The first and less important consists in the plan for laying assessments for primary local improve- 162 THE CHARTER OF THE CITY OF NEW YORK. fnents after the work is done, and after it has been paid for by the issue of city bonds. The second error, which is of the first magni- tude, consists in the restraint put upon the mayor’s power of removal, coupled with an enlarged term and a fixed ineligibility to re- election. I am quite sure the experience of less than ten years will bring the city back to the system proposed in the original draft, whereby assessments for first local improve- ments are laid upon the abutting property in advance, and their total collection made rea- sonably certain before a single bond is Issued. For a Czar-Mayor and a Short Term. I am for a czar-mayor with a short term and a free right to go again to the people. I Xully appreciate the objections successfully urged in the commission to so powerful an officer. I acknowledge there would be danger to the independence of the departments, and that an ambitious mayor with such power might convert all the vast machinery of the government to the uses of his party or him- self. There is a loss, too, in point of efficiency on the mayor's part from a short term, whereby he might go out of office at the very time when he was most competent for the discharge of his duties, but in my judgment these dangers and evils are of no consider- able weight against the advantages of all responsibility for maladministration in one man, who must, either in person or through his party, go to the people every two years. I believe that the Supreme Ruler of the uni- verse moves through the minds of the mul- titude, and in this age of free schools and ubiquitous journalism, no mayor with plenary power and full responsibility would dare to permit corruption or inefficiency to exist in any department, and if he did the people would have only one head to hit, and one, party to demolish. Singly and alone, let the mayor be made responsible for all abuses or benefactions in municipal administration, and the people will have a certain and speedy way to remedy bad government, or to support wise and patriotic administration. This cardinal error corrected, nothing would remain of the subsidiary objections. It would then be wholly immaterial, in point of effi- ciency, whether the police department were under one head or four heads, were partisan, bi-partisan or non-partisan. If the mayor had constantly the power of removal he could at any moment put an end to discord, irreg- ularity or deadlock in a bi-partisan police board by discharging either or all of the commissioners. Under such a mayor it is better that the police department should be bi-partisan, since a body of policeman grow- ing in a few years from eight to fifteen thou- sand in number might, through malign in- fluences, upon those who are dependent upon the license and indulgence of the municipal- ity; through the fears of the timid, whom they might menace, and by virtue of their organized and far reaching power, exercise a control over our elections as fatal to our rights and liberties as a standing army in time of peace is to the freedom and prosperity of a republic. A bi-partisan board, amenable at all times to the mayor’s power to remove, is far better than a partisan police with a bold and ambitious Fouche at their head. Nor is there anything in tne suggestion that the charter gives the police any real control over the machinery of our elections. While the heads of the bureau of elections are se- lected by the bi-partisan board of police, and their .offices are seated in that department, their relations to the elections is purely- cleri- cal and perfunctory. All the rbal election offi- cers — the registers, who make up the list; the inspectors, who superintend the casting of the ballots in the boxes and the canvassers who count the votes — are appointed by the regular committee of the political parties respectively. The returns are made to several departments and there is not the slightest chance under the charter for the police to interfere with the voter or the count. Not a Candidate for Any Office. I have thus, in whole or part, in principle and substance, from foundation to summit, in all its structural features, presented in concise form the charter for Greater New York. My embattled energies were at it for eight long consecrated months. I know it from beginning to end. Since I have no selfish interest to conserve, I think I may speak of it with freedom and .with pride. I shall not be a candidate for any of its offices. On the contrary, I shall be far away enjoying a need- ed rest in' foreign lands at the time of its in- auguration. I beseech my fellow citizens to confide the first administration of the charter exclusively to its friends. Those who have assailed it, as well as the opponents of con- solidation, should have the decency to con- sider themselves ineligible to the first terms. No intelligent people would, in the first in- stance, confide so complex a piece of mechan- ism to those who are ignorant of its prin- ciples, or who have declared it defective in its parts, or whose reputations, as prophets, might be enhanced by its failure. It is due to the commission that the charter be tested by its friends. It is likewise of the utmost importance to each section, as it is to the supreme munici- pality, that the ablest men should be chosen to fill the various offices. These two requests being observed the charter is secure. It is adequate to all the emergencies of the vast future. It is constructed not merely for the present, but for many centuries to come. It has in it all the virtues of existing charters and the vices of none. It will adapt itself to any extent of domain and to any multiple of population. As well with a population of ten millions as with a population of three mill- ions, it will give to each neighborhood the ut- most care and attention, and to the Imperial metropolis, as a whole, the utmost dignity and power. The form of government for Greater New York, it will be the model Upon which greater London will be constructed. Under it the City of New York at one bound be- comes the mistress of the Western hemis- phere and the second city of the world. Let it be to you what Athene was to the Greek, Rome to the Roman, Florence to the Floren- tine; what St. Petersburg is to the Russian, Paris is to the French, London to the English —an object of constant solicitude and of civic pride! Preserve its honor; uphold its inde- pendence; develop its greatncM. In all these patriotic aspirations you will find the charter a ready instrument for the best results. The full year is passing and in a little while the studied page will be a living reality. Upon that reality will hang the hopes, the happiness, the prosperity of mill- ions yet to be. In the approaching dawn of the twentieth century the majestic fabric rises upon the tides of time. As I hail it and bid it farewell, I fervently implore the favor of heaven in its behalf and I confidently in- trust it to the patriotism and the genius of my countrymen. At the conclusion of the lecture Alexander E. Orr, one of the vice presidents of the club, spoke to a resolution tendering the thanks of the club to Mr. DeWitt for his very able and interesting explanation of the Greater New York charter, and also voiced the wishes of the club members in wishing Mr. DeWitt, who is about to go abroad, a pleasant journey and safe return. The resolution was adopted unanimously. Boroughs of the City of New York Total funded debt $353,834,987.60 Temporary debt (revenue bond*) 41,427,460.88 Total bonded debt $395,262,438.48 Hoiainga of sinking funds $107,110,419.63 Met funded debt $246,724,567.97 (Statement of July 3. 1699.) CITY OF NEW YORK, Heavy Solid Lines Indicate the Boroughs. Area in acres 196,800 Population, July 1, 1899, Health Department Census 3,550,063 Assessed valuation, real estate. $2,932, 445, 464.00 Personal property $545,806,565.00 Votes cast, 1898 528,398 Assembly districts 61 Senate districts 26 Congress districts 16 Members of Council 28 Aldermen 61 School Board members 84 ! Members of Board of Education 16 164 THE CHARTER OP THE CITY OP NEW YORK. y Area, in acres 13,487 Population, July 1, 1899 1,953,569 Assessed valuation, real estate. .$2,054,903,876 Personal property, Manhattan... $483,375,942 Assembly districts 34 Senate districts 11 Congress districts 9 Wards 22 Vote, Governor, 1898, Manhattan and Bronx 305,578 Members of Council 12 Aldermen 34 School Board members, Manhat- . tan and Bronx 21 Board of JCflucation Members, Manhattan and Bronx 11 Area, in acres .36,601 Population, July 1, 1899 67,260 Assessed valuation, real estate.. 40,264,692 Personal property -.r 3,838,890 Votes cast. Governor, 1898 11,300 Members of Council 2 Alderman '. 1 School Board members •. . . . 9 Member of Board of Education.,, 1 THE CHARTER OP THE CITY OP NEW YORK. les BOROUGH OF THE BRONX. Dotted Lines and Figures Show Assembly Districts. Solid Lines and Roman Numerals Indicate Senatorial Districtfl. Area, in acres Population, July 1, 1899. 25,270 163,537 Assessed valuation, real estate. . ?123,702,030 I Aldermen Personal property 6,806,988 I Members of Council 166 THE CHARTER OP THE CITY OF NEW YORK. BOROUGH OF QUEENS. Dotted Lines and Figures Show th e Assembly Districts. This .Borough Is Part of the Second Senatorial District. Area; in acres 79,347 Population. July 1, 1899 134,139 Aisessed valuation, real estate... $103,752,600 Personal property Votes, Governor, 1898 Board of Education member. $6,314,032 22,692 1 Members of Council.... Aldermen School Board members. THE CHARTER OF THE CITY OF NEW YORK. 167 BOROUGH OF BROOKLYN. Dotted Lines and Fig^ures Show Assembly Districts. Solid Lines and Roman Numerals Indicate Senatorial Districts. Area, in acres 42,095 Population, July 1, 1898..... 1,231,548 Assessed valuation, real estate.. 609,822,267 Personal property $45,270,713 Registered voters, 1898 201,816 Votes cast, Governor, 1898 188,828 Assembly districts 21 Senate districts 7 Congress districts 5 Wards 32 Members of Council 0 Aldermen 21 School Board members 45 Members Board of Education.... 0 INDEX TO THE CHARTER OF THE CITY OF NEW YORK. A Page. Sec. Abolishing Imprisonment for Nonpayment of Taxes 154- Accident cases, temporary care 67 — 670 Aocoiiiits, Commissioners of: Appointed 14 — 110 Duties of 14 — 119 Acquisition of lands 139 — 1,433 Aldermen, Board of, (See Municipal Assembly.) Almshouse labor 68 — 681 American Female Guardian Society 115—1,151 American Museum of Natural History 68 — 622 Amusements, Places of: Corporation Counsel to enjoin exhibitions having no license 143 — 1.479 Diagrams to be printed on programmes. 144 — 1,487 Doors and exits to be marked 144 — 1,487 Female waiters forbidden 143 — 1,483 Minors under 14 not to be admitted to theaters at night 143—1,482 Police Dept, grants license 143—1,473 Police may arrest offenders 144 — 1,486 Police may arrest those having no license 143—1,478 Precautions against fire in places of 75 — 762 prohibition does not include certain performances 143 — 1,480 Public exhibitions to be licensed 142 — 1,472 Bunday exhibitions forbidden 143 — 1,481 Violation of rules a misdemeanor 144 — 1,483 Violation of rules annuls license 144 — 1,484 Wine and liquors, sales of, forbidden. .143— 3.483 Appraisal* Commissioners of 49 — 485 Powers and duties 50 — 487 Appropriations : Board of Estimate may transfer 27— 235 Board of Health 24 — 230 Board of Magistrates 25 — 230 Brooklyn Charities: Atlantic Avenue Dispensary 26 — 230 Bedford Hospital and Dispensary 26 — 230 Bushwick and East Brooklyn Dispensary 26 — 230 Brooklyn Hospital 26 — 230 Central Dispensary 26 — 230 Central Homeopathic Dispensary 26 — 230 Central Throat Hospital 26 — 230 Church Charity Foundation Hospital .. 26 — 230 Diet Dispensary 26 — 230 Eclectic Dispensary : 26 — 230 E. D. Dispensary and Hospital 26 — 230 Eye and Ear HospUal 26 — 230 Helping Hand Society 26— 230 Home for Aged Colored People 26 — 230 Home for Consumptives 26 — 230 Homeopathic Dispensary 26 — 230 Homeopathic Dispensary, 26th Ward .... 26 — 230 Homeopathic Hospital 26 — 230 Homeopathic Hospital Ass’n 26 — 230 Industrial Home for Blind 26 — 230 Industrial Home, School Ass'n (E, D.).. 26 — ■ 230 Industrial School Ass’n 26 — 230 Lutheran Hospital Ass’n 26 — 230 Maternity .•. 28— 230 Memorial Dispensary 26 — 230 Memorial Hospital for Women and Children 26— 230 Memorial Training School for Nurses .. 26— 230 Pa^c 'o. M. E. Hospital 26— 230 Norwegian Lutheran Deaconesses' Home 26 — 230 Orphan Asylum Society 26 — 230 Orthopedic Dispensary 26 — 230 St. Catharine’s Hospital and Dispensary. 26 — 230 St. Martha’s Sanitarium -26 — 230 St. Mary’s Female Hospital 26 — 230 St. Mary’s Hospital and Dispensary.. 26— 230 St. Mary’s Maternity ... 2*S— 230 St. Peter’s Hospital and Dispensary.... 26— 230 St. Phebe’s Mission 2C— 230 Sheltering Arms Nursery 26 — 230 Society for Aid to Friendless Women, etc 26— 230 Society for Prevention of Cruelty to Children 26— 230 Southern Dispensary and Hospital 26— 230 Stone Maternity 26 — 230 Throat Hospital 26 — 230 Training School and Home, etc 26— 230 L. I. College Dispensary 26 — 230 L. I. College Hospital 26 — 230 L. I. College Hospital Maternity 26— 230 L. I. Throat Hospital, etc 26 — 230 New York Charities: American Female Guardian Society.. 25— 230 American Museum of Nat. History 24— 230 Asylum for Lying-In Women 26 — 230 Association for Befriending Children.. 26 — 230 Babies’ Hospital 25— 230 Babies’ wards, Post Graduate Hospital. 25— 230 Catholic Protectory 25— 230 Children’s Aid Society 25— 230 Children’s Fold 25 — 230 College of City of New York 25— 230 Five Points House of Industry 26— 230 Flower Surgical Hospital 25— 230 Foundling Asylum, Sisters of Charity. 25— 230 Hebrew Benevolent Society 25— 230 Home for Fallen Girls, from excise money 27— 238 Homeopathic College and Hospital 25— 230 House of Good Shepherd 26— 230 House of Mercy 26 — 230 Infant Asylum 25— 230 Infirmary for Women and Children 25— 230 Institution for Blind 25— 230 Juvenile Asylum 25— 230 Magdalen Female Benevolent Asylum. 26 — 230 Meteorological and Astronomical Ob- servatory 24 — 230 Metropolitan Museum of Art 24— 230 Mothers’ and Babies’ Hospital 26 — 230 Night medical service 25 — 230 Normal College 25 — 230 Nursery and Childs’ Hospital 25— 230 Peabody Home for Aged Women 26 — 230 Polyclinic and. Medical School 25— 230 Private and incorporated charities 26— 230 Sanitarium for Hebrew Children 25 — 230 St. John’s Guild 25 — 230 Shepherd’s Fold P. E. Church 25 — 230 Sloan Maternity Hospital 26 — 230 Society for Prevention of Cruelty to Children 25 — 230 Society for Relief of Ruptured, etc 25 — 230 Commissioner of Jurors 24 — 230 Coroners’ fees 24 — 230 County officers 25— 230 Excess may be transferred .' 27 — 237 Excise money; how appropri£.ted 27— 240 Page. Sec. ' .i- contesting office 28— 241 or executing certain laws 25 — 230 anitors, district courts 25 — 230 justices of Supreme Court 25— 230 Maintenance and repair of bridges 25 — 230 Prevention of contagious disease 27 — 236 Public charities, department of 24 — 230 Registration and elections 24 — 230 Seventh Regiment Armory 24 — 230 Streets and highways 24— 230 Surveys and maps for board of estimate 25— 230 Water supply 24 — 230 .Vrt commission. (See Park Department.) Ashes and garbage 121—1,223 Attendance agents 113—1,116 B Bakeries, etc 129 — 1,311 Barber shops may be open on Sunday — 147 — 1,535 Battery place; boat landings 63— 619 Bible retained In the schools Ho — l,il51 Birds: Killing forbidden 144 — 1,493 Births 122 — 1,237 Blind, expenditures for relief of 68— 676 Books, documents, etc.; where filed 148 — 1,537 Borougli8: Assessment rolls of each to be revised by Municipal Assembly 91 — 911 Bronx (Map) 165 — Brooklyn (Map) 167 — Brooklyn, city magistrates 137—1.394 Justices’ courts abolished 133 — 1,350 Marshals to remain in office till Feb- ruary. 1898 139—1.424 Municipal Court, justices; when elected. 133 — 1,352 Police force transferred 30 — 278 Tax on foreign insurance companies 81 — 809 Teachers’ Retirement Fund 113 — 1,119 Wards continued 150 — 1,577 Brooklyn and Queers. Fire commissioner to appoint deputy... 72 — 721 Fire marshal’s bureau to be estab- lished 72 — 727 Building Commissioners 64 — 644 Building Dept., all rules to be uniform. 64 — 645 Buildings for public use to be located in each 42 — 385 Buildings, deputy superintendents 65 — 648 City of New York (Map) 163 City magistrates 137 — 1,394 Commissioners of Public Charities 66 — 658 Commissioner to appoint and remove deputies 66 — 659 . Coroners to be elected in 150 — 1,570 Coroner, subordinates and salaries 150 — il,571 Corporation Counsel to establish bu- reaus 28 — 258 Deputy tax commissioners to be appor- tioned among 89 — 885 To make up amount of assessed valu- ation 90 — 899 Health board to establish offices .118 — 1,181 Registrar of records; shall appoint in each 119—1,190 Manhattan; marshals to be appointed. .139 — 1,427 Tax on foreign insurance companies in 80— 803 Manhattan and Bronx;*wards continued, etc 150—1,578 Manhattan, Bronx and Richmond fire marshal 77 — 779 100 INDEX TO THE CHARTER OF THE CITY OP NEW YORK. Page. Sec. Municipal courts, clerks and assistants 135—1,373 [134—1,339 134—1,361 Manhattan dist 134—1,360 164 134-1,362 166 134—1,363 Richmond (Map) Seals for ^35 — 1,3«2 Offices pf department of correction in each Park commissioners Park buildings, to maintain 62 613 President - and members of municipal assembly to constitute the local board. 42 — 391 President; powers and duties 42— 383 Election; qualifications -11 — 382 Salary;- term 282 To call meetings of local board 42 — 384 Queens, city magistrates 137—1,394 Clerk of special sessions 137 — 1,404 Marshals appointed 139 — 1,426 "Wards designated 130 — l.oSl Richmond: clerk of special sessions 137—1.404 ■Marshals appointed 139—1.426 Tax on foreign insurance companies.... 82 — 810 Wards designated 150 — 1,580 School boards, accounts, etc., to be kept. Ill— 1.099 Borough superintendents Ill — 1,102 Brooklyn 106—1,061 Constitution of 106 — 1,061 Duties of 110 1,090 High and training schools established. 110— 1,096 Management of schools 110 — 1.090 Manhattan and Bronx 106—1,061 May discontinue schools 110 — 1.094 Organization of HO — 1.0S9 President HO 1,089 Queens 106 — 1.061 Richmond 106 1.061 Salaries need not be uniform HO — 1,091 Salaries of teachers HI — 1,100 Salaries, power to fix HO — 1,091 Secretary, duties, etc HO — 1,089 Superintendent, duties H2 — 1,107 School supplies, depots to be estab- lished 108—1,078 Tax department, office of, in each 89 — 890 Record of assessed valuations to be kept in each office 89 — 892 Bridge, crimes committed on 61 — 599 Bridges, department of. Details from police force 34 — 314 Commissioner, appointment, term 61 — 594 Jurisdiction. 61 595 Salary 61— 594 To make dally reports 61 — 596 Employes not affected by this act 61 — 597 Mlalemeanorfl, penalties 61 — 60 Public highway 61 — 598 Powers of former boards transferred.... 61 — 601 Brooklyn (see Boroughs). Bnllding^s, Department of 13— 102 Existing law-3, continuation, etc., of .... 65 — 647 Municipal assembly to regulate 9 — 47 Commissioners, appointment of 6-4 — 644 Application for construction, etc., of buildings, to be recorded 66 — 652 Decisions and appeals 65 — 649 Duties of commissioners 65 — 64S Expenditures must not exceed appro- priations 65 — 651 Floating baths, sites for 85 — 834 General powers under existing laws .... 6-4 — 646 Itemized estimates to be made 65 — 651 Power to appoint and remove 65 — 648 President, appointed by mayor 64 — 644 Qualifications; jurisdiction '64 — 644 Rules and regulations 64 — 645 Rules may vary 65 — 650 Salaries 64 — 644 Tenement houses .132 — 1,323 Canal boats 86 — 854 Additional accommodation 8S — 865 Captain of port, office abolished 86 — 847 Cattle, sheep, etc., slaughtering regu- lated 122 — 1,227 Certificate of appointment to office to be given 149 — 1,547 C Chemicals, etc., storage of 77— 769 Children's Aid Society 115 — 1,152 Children: school age 105 — 1,056 Churches, schools, etc., exempt from tax- ation 91 — 904 Cham berlain : Appointment 20 — 194 Page. Sec. Bond of 20 Civil procedure for moneys paid into court 21 — Duties 20 — Fees for city to collect 21 — Public moneys, where to be deposited. 21 — Salary 21- Taxes. daily statement sent by re- ceiver 92 — 194 197 195 198 196 196 922 Page. See. College, city of New York H3 — 1,127 AppropriaUon.s for 24— 23o Convict labor "0 — 700 Coroners’ election, in boroughs 150 — 1,-j70 Officers in boroughs 1.50— 1, oil Subordinates and salaries loO— l,o»l Corporation Counsel. See I^avv Dep’t: Corporation newspapers 145— 1,.>I Corporations; assessed valuation 89— 8! Controller 13— 97 Advice in regard to leases 23 — 217 Application of certain moneys 17 — 162 Arrears sales 105 — 1,046 Arrears sales postponed 103 — 1,029 Assessments and arrears, collector ap- pointed 16— 152 Confirmation published by ;...102 — 1,018 Joists to be filed 17— 159 Member of board of revision 94 — IU4 On city to pay assessments 19 — 176 Unpaid assessments, may apportion. .. 102 — 1,021 Assessments, etc., unpaid; may direct property to be sold 103—1,027 Taxes, assessments, to publish con- firmation of 101 — 1.005 Authorized to add to the list of insti- tutions receiving city aid 24 — 230 Bonds, assessments, to issue 19 — 181 Deficiency, to issue 20 — 185 For dock and ferry dept 19 — 180 Drainage, to issue 19— 179 Proposals advertised 19 — 182 Public improvements, to issue 45 — 423 Revenue, to issue 20— 187 Special revenue, to Issue 20— 188 Redemption of 20 — 184 Right to issue 18 — 169 State taxes, to issue 20 — 186 Street cleaning dept., to issue 56 — 546 Water supply, to issue 52 — 509 City Record, member of board of 145—1,526 Clerks, to appoint 17— 160 Daily report from commissioner of bridges (1— 596 Deputy 16 — 150 Election of 15— 149 Financial statement to be published.. 17 — 161 ^hall pay assessments on the city 19— 176 Power to adjust all claims 15 — 149 Publish statement 17 — 161 Receiver of taxes; shall appoint 16 — 1-52 Salary of 15— 149 Shall pay wages and salaries 15 — 149 Sewer dept., to pay all expenses of.... 57 — 5G3 Special funds in hands of 20— 187 Street opening: pay surveyors’ and other fees lOO — 997 Street paving; how to be paid 20— 183 Submit to Municipal Assembly amount to be raised by taxation 28 — 247 Submit to Municipal Assembly amount to be raised by tax go — goo Tax receiver, deputy to appoint 92— 925 To certify assessors’ interest charges, etc 94— 946 To pay contractors 45— 423 Water supply; how expenses are to be met 19— 178 Have control of certain market lands. 17 — 163 City Clerk: Appointment, term, duties 8 — 28 Assessment rolls, to sign 91— 911 Auctioneers: to license 8 — 34 Borough clerks to be appointed by him.. 8— 32 Custodian of all documents 8— 32_ Deputies and clerks: to appoint 8 — 33 Deputy to act in case of his absence 8 — 31 Papers certified by, to be evidence 8 — 28 Records and minutes open to inspection. 8 — 31 Salary of 8— 33 To keep a record of municipal assembly. 8— 29 To sign and seal all documents 8— 31 City Record, Board of 13— 97 Certain matters to be printed 146 — 1,528 Publication: contents 145 — 1,526 Publidatlon of all acts 150 — 1,559 Supervisor appointed 14.5 — 1,526 To arrange list of voters 146 — 1,527 Civil Service Commissioners; Appointed by mayor 14 — 123 Authority and duty of 15 — 125 Regulations |or 14 — 124 Sh^ll examine all applications for police force 33 — 304 Veterans 15 — 127 Warrants for salaries to be certified by 15— 126 Clerks, etc., now holding office to be re- I • talned 147 — 1,536 Correction, Dep't of: ^ Commissioner of ^3— 104 Accounts to be rendered monthly 70— 703 Appointment and jurisdiction • 59— 694 Buildings, may be altered and repaired. 71— 713 Criminals, classification and instruction. 70— 69S Criminals, etc., powers over 70— 097 Disorderly persons, etc. ; fines to be im- posed ^0 707 Disorderly persons and ‘vagrants; com- mitment of 70 d'7 Expenditure 70 — 70.3 Fines, collection of 70 — 706 Inmates of institutions, employment — 70— 700 Gifts on their discharge 72— 714 Hours of labor, discipline 70— 702 May transfer inmates 69— 696 May transfer 71— 712 Record to be kept J 70— 690 To work in dep't of charities 70— 701 Institutions under jurisdiction of 69— 695 Itemized estimates to be made 70— 703 Misdemeanors, classification of ”0 — 698 Persons committed, discharge of 71— 711 Record of commitments to be kept 71 — 709 Salary 69— 694 Subordinate officers 69— 694 Subordinate officers; requisitions and re- ports 70— 705 Supplies to be advertised for 70— 704 Term of detention, of prisoners to be fixed by 71 — 710 Workhouse, supt. of. duties, etc 71— 70S County officers; constitutional election of, not affected 150 — 1.584 CourtH: All court houses to be transferred to the courts created by this act 138 — 1,415 All papers, etc., to be delivered to the courts created by this act 138—1,414 Assignments for places for holding courts 10 — 53 City Court of New York 133 — 1.34"> Justices 133—1,346 Constables to hold positions till Feb. 1, 1898 139—1,424 Criminal Court. Charges may be transferred 137—1,399 Clerks and employes 137—1,400 First Division: City magistrates con- ■ tinued 137-1.392 City magistrates; successors, how ap- pointed 137 — 1,392 First division; special sessions contin- ued 136 — 1,391 Magistrates, board of 137 — 1,397 Magistrate not to sit in any borough except that for which he was ap- pointed 137 — 1,398 Magistrates; powers of 137 — 1,396 To be in constant attendance 137 — 1,398 Second division 137—1,394 Salary 137—1,395 District court justices to act till Feb- ruary 1, 1898 136 — 1,384 Justices courts abolished 133 — 1,350 Marshals' bonds to be filed 139 — 1,428 Mayor to appoint 139 — 1,425 Mayor may remove 139 — 1,429 To hold tbeir positions until Feb. 1, 1898 139—1,424 Mayor shall designate jurisdiction of magistrates 139 — 1,417 Pending actions not abated by this act. 139— 1,416 Police justices abolished 133—1,350 Present justices to act till Feb., 1898. .133 — 1,350 Municipal court 133 — 1,351 Actions may be transferred from one borough to another .* 135 — 1,370 Actions brought by city of N. Y 135 — 1,370 Actions, in what district brought 135—1,370 All papers to be delivered to incoming justices 136 — 1,38] Appeals 135 — 1,367 Borough districts 133—1,358 Brooklyn, districts of 134 — 1,361 Bronx, district of 134—1,359 Clerks may administer oaths 136—1,378 Clerks, how removed 136 — 1,383 Clei'ks, salary 135—1,373 Justices 133 — 1,352 170 INDEX TO THE CHARTER OP THE CITY OF NEW YORK. Page. Sec. Board of — 1,374 To make rules 136—1,375 Concurrence of majority 136—1,376 Jurisdiction 134—1,304 Justices, how elected 133 — 1.352 How removed 136 — 1.383 Oaths 1.354 Qualifications of 133—1.35.1 Salary 1,355 Term of office 133—1.356 To administer oaths 136—1.379 Vacancies, how filled 1-33 — 1,357 Manhattan, district of 134 — 1,360 Mode of procedure 135 — 1.369 Pending causes, hpw disposed of 136—1,38.2 Process and mandate 135—1,368 Queens district 134 — 1,362 Richmond district 134 1,363 Seals of .* 135 1,372 Stenographers’ fees 135 — 1,367 Supreme court rules to apply 136 — 1,377 To take possession of court houses — 136—1,380 "W'here held 135 — 1,371 Special sessions 137—1.401 Appeals from 138—1 413 Appeals from city magistrates 138 — 1,412 Bastardy proceedings 138 — 1,406 Clerks 137—1.404 How held 138—1,405 Jurisdiction 138 — 1,406 Justices of 137 — 1,401 Magistrates 138 — 1,408 Qualifications 137 — 1,403 To adopt rules 138 — 1,409 Vacancies 137 — 1,402 Special sessions, court of. remit a fine. .138—1,406 Time and place of holding 138 — 1,410 D Deaths 122-1,238 Debt — Imlebtedness. AH.samp- tion of C— 5 Common 6 — E Counties not to become indebted 6— S Creation of 6 — Creation and payment of 6— 5 Excessive indebtedness, safeguards against 7— C Departments, Administrative : Bridges 13— 9C Buildings 13 — 96 Correction 13 — 96 Docks and ferries 13 — 96 Education 13 — 96 Finance 13— tC Fire 13— 96 Health 13— 96 Highways 13 — 96 Law 13— 96 Parks 13 — 96 Police 13— 96 Public buildings, lighting, etc 13— 96 Public charities 13 — 96 Public improvements 13— 90 Bewers 13— 96 Street cleaning 13— 96 Taxes and assessments 13 — 96 Water supply 13— 96 Department, heads of, appointed 47— 450 Appropriations; how transferred 48— 461 Branch offices ; where located 47 — 451 Bureaus to be located in Brooklyn 47 — 458 Chief engineer: duties 47— 434 City record: to furnish information 116—1,528 Consulting engineers; how appointed 47 — 435 Control of and removal of subordinates. 148—1, 543 Copies of papers to be furnished 148—1,545 Deputies; duties 47— 452 Employes may be transferred 47— 460 Engineers; how appointed 47— 453 Expenses must not exceed appropria- tions 148—1,542 Main office, where located 51 — 451 Majority, Quorum, Powers 148—1,541 May appoint subordinates and fix sal- aries 47 — 456 May appoint one person in two or more departments 47 — 459 May organize bureaus 47— 458 Mayor to appoint 14— 118 Prepare and execute contracts 47— 457 Records to be kept and published 148 — 1,544 Reports at stated times 148—1,544 Shall possess sole executive power 47 — 450 Terms of office 14— 118 To certify to assessments 94 — 946 To sit in board of aldermen 7 — 25 Deputy tax commissioners 89 — 887 Detention of witnesses 35 — 321 District telegraph companies, patrolmen tor 38— 350 Page. Sec. Docks, piers, harbor, port waters 82- Docks and ferries, department of docks. Board cf 13 — 106 Appointed 82 — 816 Annual report; details of 84— 829 Commissioners, salary 82— 816 Canal boats: Derricks for unloading, permitted 86— 856 Piers for their use 86 — 854 Certain offices abolished 86 — 847 Contracts for leases, etc., to be sealed.. 85 — 830 Docks for health department 85 — 836 For street cleaning department 85 — 836 Dock masters appointed 86— 847 Certain duties of 86 — 848 Personation of, a misdemeanor 88 — 868 To assisn and regulate stations for vessels 88 — 867 To report violations of rules 88 — 869 Ferries to be leased by 84 — 826 Floating baths, sites for 8.3 — 834 Floating docks authorized 88 — 870 Garden produce: docks set apart 87— 858 How expenses arc to be met 19— 180 Jurisdiction, power, duties 82 — 818 Lands under water, grants restricted,.. 88 — 876 Lands under water owned by state; dis- position of 8.5— 831 Merchandise on pier, rates for 87 — 852 New territory, extension ot jurisdiction to 82— 817 Obstruction of piers, merchandise to be stored when removed 86— 852 Unclaimed to be advertised 86— 853 Removal of 86— 851 Expense 86— 850 Offices and officers, duties, etc 84 — 828 Oyster business, docks for 84— 825 Penalties 87— 857 Piers and docks, construction regulated. 83 — 821 For use of street cleaning dep’t 35 — 542 President elected annually 84— 828 Salary 82— 816 Recreation, piers set apart for 83— 837 Rules and regulations of 84— 827 Seal: description ot 85— 830 Shall clean wharves and piers 63— 340 To i-egulate sheds on wharves, etc 85-,- 844 Sheds on wharves not to be used as booths or shops 85— 846 Snow and ice dumped from piers 88 — 878 Vessels occupying waters unauthorized to be removed 87— 856 Water may be deepened at a private wharf 83— 832 Water front for use of Fire Dep't 83— 838 Water fronts, plans for 82 819 Surveys 83— 820 Wharf property, may acquire 83— 822 North and East Rivers, acquirement of 84— 823 In which city has some interest 84 — 824 Wharfage bills, rates to be printed on. 88— 863 Wharfage, etc. ; canal boats 87 — 861 Oyster and clam trade 87— SCO Vessels carrying brick 87— 861 Wharves, may lease 84— 825 Must not be made dumping grounds.. 85— 843 Drainage of lands 121—1,213 Druggists. See Pharmacy. E Eldncation, Department of 13— 108 All employes continued in office until February, 1898 113—1,117 Bible retained 115—1,151 Charges against principals and teach- ers; proceedings thereon 112—1,114 Children; school age 105—1,036 College ot city of N. Y., degrees, etc.. Trustees to grant 114—1,132 Instruction gratuitous 114—1,132 Laws regarding management 113—1,129 Separate corporation 113—1,127 State funds, to participate in 113—1,130 Trustees 113—1,128 Reports of 114—1,133 To report money required 113—1,131 Compulsory education law 113—1,113 Employes transferred to boroughs 113—1,117 Evening schools, school board may es- lish 110—1,094 Janitors, appointment and removal 108—1,075 Kindergartens, school board may estab- lish 110—1,093 Nautical school to be established 115—1,157 Chamber of Commerce committee to serve as council 115 — 1,159 Expenses ot 115—1,160 Management of 115—1,158 Page. Sec. N. Y. Institution tor Blind to participate in school fund 115—1,161 Normal college. , Amount required for expenses to be raised by taxation 114 — 1,142 Corporation and college 114—1,1^ Degrees 114 — 1,143 Instruction gratuitous 114 — 1,143 Laws applicable to 114—1,141 Money to be expended as trustees re- quire 114 — 1,143 State funds, participation in 114—1,141 Trustees, powers and duties 114—1,140 Trustees, annual reports 114 — 1,144 Trustees, contracts by 114 — 1,145 Oath ot office for school officers 110 — 1,088 Principal may suspend teacher under charges 112 — 1,114 Private schools, trustees may convey to the city 115—1,152 Proceeds of sale of unused school prop- erty to be used where sold 107 — 1,068 Public school property, title of Public school teachers' retirement fund. Rellgioui sects and dogmatic books ex- cluded 115—1,151 Salaries need not be unifornt in bor- oughs 110—1,091 School fund. Certain private schools to participate in 115—1,152—1,154 General, how used 106—1,060 N. Y. Institution for Blind to partici- pate in 115—1,161 Special, how used 106—1,060 School expenses for 1898 6 — 11 School officers to take oath of office 110 — 1,088 Schools, evening 110 — 1,094 State appropriation . 113 — l.lis Taxation for benefit of 106 — 1,039 Supplies, requisition for. how made 112 — 1,1H Teachers, appointment and promotion. .Ill— 1,103 Licenses 108—1,081 Retirement fund 109—1,083 Retirement fund, Brooklyn 113— l,li9 Transfer 112—1,110 Under charges may be suspended by principal 112—1,114 Yearly contracts continued 109—1,086 Etlucation, Board of: Composition, duties .106—1,062 Officers 107—1,069 Report annually to mayor 109—1,085 Report annually to state superinten- dent 109—1,084 Buildings, superintendent ot 107—1,669 Deputy in each borough 107 — 1,074 Nominate janitors 107 — 1,075 Oath at d security by 107—1,073 Bylaws, rules, etc., may enact 107—1,070 Chief clerk, appointed ..107—1,069 Duties 107—1,071 College ot City of N. Y. ; trustees of 113—1,128 Contracts 108—1,077 Examiners, to appoint board of 108—1,081 Qualifications 108 — 1,081 Terms of office, salary —1(W— 1,081 High schools 108—1,096 May bring suits 105 — 1J155 May direct that appropriations be with- held from school boards 109 — 1,066 May retire teachers 109—1,083 May sell personal school property not needed 107—1,068 Mayor may remove members U09— 1,087 Nautical school 115—1,157 Executive committee 115—1,158 Normal college, trustees of 114—1,140 Powers of 106 — 1,063 Powers of former boards transferred.... 113— 1,058 Powers of investigation 113— l,ll5 President 106—1,062 Property under control of 107—1,065 Provide bureaus in boroughs .107—1,072 Report of money and attendance 115 — 1,153 Of omission to apportion school fund to private schools .......115 — 1,155 Borough board of school superintendents. 112 — 1,107 Books and supplies, may recommend. .112 — 1,111 Principals: list to be kept 112—1,109 Pupils, promotion of 111—1,110 Borough superintendents 113—1,102 Attendance agents, to appoint 113—1,116 Clerks, may nominate and assign 113 — 1,116 Compulsory education law, to enforce. .112— 1,116 Duties 112—1.107 General duties ...112 — 1,108 Principals and teachers, to nominate.. Ill — 1,103 Qualifications HI — 1,103 Resignations 111—1,103 School grades; may recommend a change 1 1121— INDEX TO THE CHARTER OF THE CITY OF NEW YORK. 171 Page. Sec. City superintendent 107—1,063 Annual report 108—1,080 Clerks, may appoint 108—1,080 Duties fully detailed 108—1,080 Examiners, member of board 108—1,081 Bights and duties 108—1,079 Seat in board of education 108—1,079 To issue teachers’ licenses 107—1,081 School fund, general 107—1,065 Special 109 — 1,065 School officers, removal of 109 — 1,082 School system, representative of 106—1,064 Secretary appointed 107— il, 069 Secretary of, duties 107—1,071 Supplies, purchase and regulation of.. 108— 1,076 School supplies, superintendent 108—1,069 Depots to be established in boroughs.. 108— 1,078 Deputies and subordinates, may ap- point 108 — 1,078 - Oath and security 108 — 1,078 School boards 106 — 1,061 Accounts, etc., to be kept in boroughsUl— 1,099 Annual reports Ill — 1,101 Appoint and remove janitors 108—1,075 , Borough of Brooklyn to administer teachers’ retirement fund ,..113 — 1,119 Chief clerk 110—1,092 Classes In foreign languages 110 — 1,093 Duties of, in boroughs 110—1,096 Evening schools 110 — 1,094 General school fund 110—1,065 High and training schools 110—1,096 Kindergartens 110 — 1,093 Members to hold no other office 106 — 1,061 Organization In boroughs 107 — 1,089 , Powers of investigation 113 — 1,115 Principals and teachers; power to transfer 112 — 1,105 Principals and teachers, to appoint 111—1,103 Principals and teachers unemployed, transfer of ill2 — 1.106 , Salaries of teachers provided for 111—1,100 Salaries, power to fix 110 — 1,091 School grades 112—1,104 School Inspection districts 111—1,097 Schools, may be discontinued, etc., in , boroughs 110—1,094 Secretary, duties 110 — 1,092 Teachers or principals under charges, may suspend 112—1,114 Teachers’ standing, may fix 112 — 1,104 Terms of office 106 — 1,061 Vacancies 106—1,061 School inspectors, duties of 111—1,098 Mayor to appoint 110 — 1,097 Organization DO— 1,097 School officers must not be Interested In contracts 109—1,082 Electionn: Board and officers abolished 40 — 338 Transferred to police department 40— 358 Elections, bureau of % 40 — 359 Assistants, salary of 40 — 361 j Branch offices 40 — 359 i Branch offices, location of 40— 366 Branches, chiefs of. duties 40— 366 Chiefs and assistants 40— 361 Control of 40— 359 Existing records and property to be transferred 40 — 36,8 Expenses of 40 — 364 Election expenses charged to city 40 — 367 General application of preceding sections 41 — 370 Management: superintendent 40— 360 Officers, terms, salaries 40 — 362 Officers, removal of 40 — 362 Present employes continued 40 — 363 Police to be detailed for duty 40 — 361 Police department to have control of 29 — 271 Superintendent’s annual report 40 — 365 Superintendent, chief officer 40 — 365 To destroy registers of electors 40 — 369 Estimate, Commlasioners of, ap- pointed 140—1,442 -\ppeal from 140 — 1,442 Awards and payments, sources of 141—1,447 Defects, amendments of 141—1,445 Duties 139—1,437 Interests of city to be protected by cor- poration counsel 141—1,446 Maps, preparation of 139 — ^1,436 Owners of lands unknown 140 — 1,441 Powers, fees, etc 141 — 1,444 Premises may be entered for examina- tion 139—1,436 Procedure for acquirement 139—1,435 Removal of 141—1,443 Reports of 139—1,438 Report, presentation of 140 — 1,440 Title vested by resolution 140—1,439 Page. Sec. Estimate and Apportionment, Board of 23— 226 Appropriation for maps, etc., for board of public improvement 46— 413 Budget, annual 23— 226 College of City of N. Y., salaries 113 — 1,131 Duties 23— 226 Elections, bureau of, expenses 40— 364 Excise money to charitable institutions. 27— 240 List of persona and salaries not within a department 27 — 234 May authorize controller to issue bonds for public improvements 45 — 423 May issue certain stocks and bonds 27— 235 May transfer appropriations 27 — 235 May transfer excess of appropriations. 27— 237 Must provide for deficiency 24— 228 Park appropriations provided 63— 617 School fund, special, amount for each borough to be designated 106 — 1,061) Schools, taxes for. after 1898 106 — 1,059 Shall provide for city’s obligations 24— 227 Streets: appropriations for 24 — 230 Street cleaning department; bonds for.. 56- 546 To approve sweeping contracts 27— 239 To audit costs against city ., 27— 231 To provide for de^ciencies in revenue.. 27— 232 Estimate and Assessment, Board of: Drainage commissioners, report of 121 — 1,218 Drainage commissioners, to act as 121 — 1,217 Drainage; pay as commissioners 121 — 1,217 F Ferries. Municipal assembly to grant franchises.. 9— 45 Leases, terms, etc., of 84— 826 Finance Department: Bonds for Dock and Perry Dep’t 19— 180 For drains 19 — 179 City: how issued 18 — 169 Deficiency 20 — 185 In sums of $10. or multiple 18— 171 Issued by city to take the place of those issued prior to 1898 18 — 170 Municipal assembly may Issue bonds for specified improvements 9 — 48 Registration of 18— 172 Shall be issued by Controller 18 — 169 •Special revenue 20 — 188 Water supply ' 52— 509 Debt; common 6— 5 Disposition of money from certain as- sessments 19— 177 Expenses of city for 1898 6— 10 Expense of street paving 20 — 183 Former funds to be paid to the city 6 — 9 Liabilities of the consolidated corpora- tions 5 — 4 Sinking Fund 22— 206 For payment of Interest 22 — 209 Street and Park openings; fund for 18 — 173 Taxation 6 — 5 Bureaus of department 16— 151 Fire Department: Chemicals, storage regulated 77 — 769 Chief of department 72 — 727 Clerk to sign warrants for Fire Commis- sioner Commissioner 13— 105 Appointment 72— 720 Buildings may be torn down to prevent spread of fire 74— 7.34 Bureaus, power to establish 72— 727 Deputies, to appoint 72— 721 Explosives, depot for storage 74— 753 Fire alarm telegraph, location of 72— 729 Fire marshals 72 — 727 Arrest of suspicious persons 78— 781 Branch bureau in Brooklyn and Queens 72— 727 Buildings may be entered for exam- ination 78— 780 Commissioner to appoint 77 — 779 May subpena witnesses 78— 782 Salaries 77 — 779 To investigate fires 77— 779 To trace the cause of fires 78 — 781 Horses, apparatus, etc., to provide 72— 725 Hose bridges on railways, to provide.. 74 — 749 Inspector of combustibles 72 — 727 Kerosene oil, shall Issue license for sale of 76— 766 Manager of all property of department. 72— 766 May enter buildings to examine them.. 77 — 771 May order persons not employed from the vicinity of a fire 74— 755 May reprimand, etc., an offending member 73 — 739 May retire officers and members 79 — 790 Offices and seal 73— 730 Page. .Sec. Powers of 72 — 721 Salary 72 — 720 Sappers and miners, to organize corps of 74— 751 Duty of 74— 752 Officers, salary 74— 751 Shall select subordinates 72— 728 Suits and actions, may bring 73 — 731 Treasurer of department 72— 723 L'niforms and badges, to provide 73— 733 Explosives, criminal liability of death results 76— 767 Fines and penalties 77— 773 Fire alarm telegraph 72— 729 Fire departments consolidated 72— 722 Fires, extinction of 74— 748 Fire hydrants, not to be obstructed 74— 7.50 Firemen have right of way in streets 74— 748 Fires not to be kindled in streets 74 — 760 Fireworks, etc., manufacture and sale of 76— 764 Gunpowder, etc., depots for storage 7.5 — 763 Gunpowder, etc,, sales regulated 75 — 763 Hoistways, iron* shutters, etc,, to be closed at night 75 — 761 Information from holders of permits 77 — 772 Members of department cannot be ex- pelled except after a trial 73— 739 Not to hold office 7,’ 7,32 Not to contribute to any political fund 73— 739 Not to Join political clubs 73— 739 Military and jury duty, exempt from 73— 736 Municipal assembly, to regulate 9— 47 Oaths of office 73— 733 Officers, grades, rank, salaries 73— 740 Petroleum, coal oils, etc., sale of 76— 765 Vessels carrying 75 — 76S Places of amusement, lights must be protected 75 733 Precautions against fire In 75— 762 Use of aisles 75 732 Police dep’t, to co-operate with 74 — 741 Shavings, how to be stored away 74 — 760 Uniformed force, assignment and pro- motion 73— 740 Grade, rank, salaries 73— 740 Membership, qualifications for 73— 734 Resignations, absences 73— 735 Uniforms, etc., must not be used by a person not a member 73— 733 Vegetables products, storage of 77— 770 Volunteer dep’ts of Queens and Rich- mond 72— 722 Warrants of appointment 73— 737 Foreign Insurance Cos. .'tccounts may be demanded by com- missioner 80— 804 Agents must report place of bslness.. 80— 805 Brooklyn, tax on companies doing business in 81— 809 Corporations liable to tax 80— 798 New York, tax on companies doing business in 80 — 808 Rates of taxation so — 799 Report of business 80 — 800 Richmond, borough of 82— 810 Taxes on, in Brooklyn 81— 809 Taxes on, in New York 80 — 808 Taxes on, in Richmond 82— 810 Undertaking, agents must execute SO— 801 Must be renewed SO — 802 Penalty for not renewing 80— 803 Violations, arrest of agent 80— 807 Violations, suits for 86 — 806 Life insurance fund 79— 792 Relief fund, all fines collected to be ap- plied to 78— 789 Consolidated department, included.... 79- 791 How composed .....78— 789 Investment 78— 789 Officers 78 — 789 Retired members to receive pension from 7S— 790 Trustees of may pay pension to widow and children of deceased fireman 79— 791 Franchises: Grants of land under water It— 83 Inalienable rights of the city to its property ; 11— 71 Limits and conditions 11 — 73 Municipal assembly to pass ordinances for 12— 75 Ordinance to be granted by 11 — 72 To be published 12— 74 Patent for lands under water by com- missioners of land office 32— 86 Private rights protected 12— 85 Proceedings prior to granting 12— 74 Property Inalienable 12— 84 172 INDEX TO THE CHARTER OF THE CITY OP NEW YORK. Page. Sec. Repealing provision 12— 88 To be referred to board of estimate and apportionment 12 — 7-1 Fuml for Streets and Parks: Damages to be paid from IS— 174 Fund for opening IS — 173 Replenishment of 13 — l’^5 Grading New Utrecht police H Half orphan asylums 115—1,154 Harbor masters; ofhee abolished 86— 847 Harlem river improvement ^3 — 620 Heads of departments to certify to as- sessor expenses 34 — 94C Uealtli, Department of 115—1,167 Actions for violation of rules 124 — 1,262 Appropriations may be transferred 48 461 Arrests for violation of rules 124—1,265 Pestilential diseases; boarding and lodg- ing house keepers to report 123 — 1,25C Masters of vessels to report 123—1,251 Physicians’ duties 123—1,247 Physicians’ duties; report neglected. . 123— 1,24S Police to co-operate with 33 — 31C Putrid cargoes may be destroyed 120 1,21C Rags, hides and skins 120—1,207 Removal of dead bodies; permits for. . .120— 1,204 Salary must be authorized by; no fees to any officer 119 — 1,195 Sanitary code, penalty for violation — 116—1,172 Present regulations to remain in force. .116— 1,172 Sanitary superintendents, duty of 118 — 1,183 Authority, duty, powers 116—1,168 Badges for employes 118—1.187 Borough offices to be maintained. ....... .118 — 1,181 Buildings, may order repair of 116 — 1.171 Complaint book to be kept 119 — 1,200 Dangerous buildings, etc 117 — 1,176 Disease, proclamation as to spread of — 121 — 1,220 To prevent spread of 121 — 1,213 Vessels may be removed 121—1,221 Disobedience of orders, penalties 129—1,212 Drainage, acquisition of rights in land.. 121 — 1,216 Construction and taxation 121—1,218 Maps and plans l^l — 1,217 May authorize 121—1,215 Proceedings to acquire lands 121 — 1-217 Duty as to enforcement of law 116—1,169 Epidemic, commercial paper during 144 — 1,499 City clerk to designate place of presen- tation 144 — 1,501 May be presented to city clerk 144 — 1,502 Notice of protest may be sent by mail 144 — 1,503 Proclamation of subsidence by board of health 144 — 1,504 Examinations and surveys, by whom made 118 — 1,188 Filling in lands 120 — 1,213 Hospitals, may send persons sick with contagious diseases to 116—1,170 Hospitals, may erect and establish 116 — 1,170 Imminent peril, declaration of ill7 — 1,178 Markets, regulation of drainage, etc., of. 116 — 1,171 Nuisances defined 122 — 1,229 Defined 126 — 1,287 Abatement, claims for penalty may be joined 127 — 1,293 Injunction granted 128—1,297 Judgment, appeal, etc 127 — 1,292 Judgment for ' 127 — 1,290 Judgment for appellate division 127 — 1,294 Judgment, execution 128 — 1,296 Judgment, lien of 127 — 1,291 Judgment, statement of expense 127—1,295 Suit for 126 — 1,288 Trial cf suit 127—1,289 Lessees, owners, etc., of property, duties 119—1,201 Offensive trades forbidden 120—1,212 Orders, how served 122—1,224 Execution may be compelled 119—1,198 Expense of executing 119—1,197 By whom exeouted 119 — 1,197 Officers and expenses 118—1,180 ;Pension fund, constituted 132—1,332 Certificate of disability required 132—1,335 Physician or employe disabled, may participate 132 — 1,333 Physician or employe dying, shall par- ticipate 132—1,334 Pension, discontinuance of 133—1,337 Pension for twenty years’ service 133—1,336 Trustees of 132—1,331 Personation of officer 125 — 1,267 Physicians for smallpox and diphtheria. il22— 1,225 Police department to assist in enforcing law 132—1.324 Page. Sec. Powers may be delegated 118—1,182 Proclamations 122 — 1,228 Proclamation of subsidence of epidemic. 144 — 1,504 Proofs and affidavits; how taken 119—1,189 Registrar of records, to appoint 119—1,190 Duties 118 — 1,179 Physicians registered for duty paid for night service 119—1,191 Reports and statistics .....117—1,175 Rules and bylaws 117 — 1,174 Salaries 119 — 1,194 Sanitary engineering service 118—1,186 Sanitary inspectors .T18 — 1,185 Qualifications 118—1,185 Seal 117—1,174 Seal to be recognized in the courts 117 — 1,173 Suits and service of papers 119 — 1,192 Rags, etc., may prohibit storage of.... 120 — 1,207 Tenement and lodging houses, cellars, etc., not to be used for living pur- poses 129 — 1,310 Cellars, etc., not to be used for sleep- ing rooms 129—1,310 Certain occupations prohibited 129 — 1,312 Condemnation of 130—1,315 Condemnation proceedings prescribed. .130 — 1,316 Construction 131 — 1,320 Construction of, and space prescribed for building ' 130 — 1,318 Dimensions of rooms 131 — 1,319 General construction 128—1,304 Housekeeper required 131«— 1,321 Inspection, etc ; 130 — 1,314 Name of owner ' to be registered in health department 129 — 1,313 Overcrowding forbidden 131 — 1,321 Proceedings for condemning 130 — 1,316 Roofs, stairs, fire escapes 128-1,306- Rules; penalty for violating 132—1,322 Sleeping rooms; ventilation of 128—1,307 To be cleansed 129—1,313 Transoms, windows, doors, etc 129 — 1,311 Water closets, privies, sinks 128 — 1,308 To condemn infected houses 130 — 1,315 To gather and give information re- garding disease 116—1,169 Vaccination 122 — 1,225 Violation of orders of, penalty 121 — 1,222 Yards and cellars, authority over 120 — 1,214 Legal proceedings; Action of Dept, presumed to be legal.. 124 — 1,261 Complaints, how made 124 — 1,265 Costs against department 126 — 1,281 Health Dept, as plaintiff, etc 124 — 1,259 Injunction, when not to be granted 124—1,260 Order for examination in Supreme Court 123—1,257 Trials; fines 124 — 1,265 Violations of Dept’s orders 124 — 1,262 Violations of Dept’s rules; arrests.. 124 — 1,263 Violatons of Dept’s rules; who may make arrests 124 — 1,264 Lodging house keepers; violation of rules 125—1,268 Lymph and antitoxine 122 — 1,226 Magistrates and officers must act promptly 125 — 1,269 Marriages, births, deaths 122 — 1,236 Record to be kept by Health Dept 123—1,240 Penalty for not reporting 122—1,239 Marriages; Register to be kept by those solemniz- ing 122—1,236 Masters of vessels, violation of rules; penalty for 125—1,268 Municipal assembly to regulate 9 — 47 Night soil and offal; contracts for re- moval 120 — 1,206 Removal of 120—1,205 Officers incur no personal liability in discharge of duty 119—1,196 Ordinances, etc. ; punishment for disobe- dience 123 — 1,257 Sanitary superintendents, reports; in- spection 118—1,184 Unsound articles; storage forbidden pO— 1,209 Health officer of port, member, board of' health 115—1,167 Hempstead; Power of town board designated 119 — 1,589 Property held in trust for, disposition of 151—1,590 Proportion of debt to be assumed by city ■ 101—1,589 High and training schools 110—1,096 Higrkways, Deiiartment of: Commissioner, appointment and term.... 63— 523 Pavements, permits to remove 53— 525 Pavements to be relaid 53— 525 Powers of all former boards trans- ferred 54 — 527 Page. Sec. Salary 03 — 623 Street commissioner, 23d and 24th wards, office abolished 53 — 526 I Inferior courts of criminal jurisdiction.... 136 — 1,390 Informers to be rewarded by police de- partment 33 — 3Q5 Insane, temporary care 87— 671 Inspectors, school HO — 1,097 J Jury duty, firemen exempt 73— 73S K Kindergarten UO — 1.0S3 Kings county charges, how paid 91— 902 Pharmacy, bpard o£, aboiished 145 — 1,520 L Lands under water 88 — 876 Grants of 12 — 83 Law Department 28 — 255 Bureau for collection of arrears of per- sonal property 29— 260 ■ B'or recovery of penalties 29— 259 Claims to be pleaded 29— 261 Corporation counsel 13 — 98 Duties, salary 28 — 255 Exhibitions without licenses to be en- joined ,143 — 1,470 Head of law dept ^ — 255 Main and branch offices 28 — 257 May advise remission or reduction of tax 90 — 897 May establish bureaus in all boroughs.. 28— 258 Member of board of city record 145 — 1,526 Opening streets, application for ap- , ■ pointment of commissioners 96 — 973 Power of appointment 28— 256 Proceeding to acquire title to land for sewer dept 57 — 561 Revision of assessments, member of board of 94 — 944 Taxes, unpaid personal; Register to be kept , 93— 933 Shall bring suit for 93 — 934 To appear for city in suits of comms. of estimate 141 1,447 To appoint all employes of his bureau.. 28— 2tS To preserve maps of improvements .46— 437 To protect interests of city, in the ac- quisition of lands 141 1,446 To represent the city before commis- sioners and provide offices 100 997 Water supply, maps to be filed 50 — 489 Method of acquiring lands 50_ 490 Pi'oceedings for acquiring land to be published 50 — 491 To take action on report of com. of appraisal Bl— 498 Issuance of execution 29 — 264 Service of process 29— 263 Supreme Court to have jurisdiction of actions against the city 29 — 262 Leases for public purposes 23— 217 Legalize and confirm taxes heretofore levied 93— 937 License: Auctioneers’, by City Clerk 8— 34 Auctioneers’, may be revoked by presi- dent of council 8— 34 Coal freight scalpers 11— 51 Emigrant boarding houses 37— 347 Emigrant passengers; bookers of 37— 348 Fireworks, etc,, sale of 76 — 764 Gunpowder, etc., sale of 75 — 763 Kerosene oil, sale of 76 — 766 Public exhibitions 142 — 1,472 Commutation of fee 143—1,474 Fee 143—1,473 Public exhibitions, fee to be paid to Con- troller 143 — 1,475 Penalty for neglecting to obtain 143-1,473 Revocation of 143 — 1,476 Runners for boats 37 — 349 Secondhand dealers 11 — 51 Violation of rules, annuls 144—1,484 Local Boards: Constituted; jurisdiction 42 — 391 Expense to be a lien on property im- proved 42 — 402 General construction of chap. IX, title - 2 43— 404 Improvements, petition for 42 — 400 Proceedings after petition 42 — 401 INDEX TO THE CHARTER OF THE CITY OF NEW YORK. 173 Page. Sec. To be submitted to board of public im- provements 42 — 402 Jurisdiction 42— 391 Local improvements; districts of 42— 390 Meetings of; quorum 42 — 394 Powers and duties of 42 — 393 Power to flag sidewalks, etc 43 — 403 Procedure of 42 — 392 Secretary of 42— 394 Local courts 133 — 1,343 Lodgings for vagrants 3o — 322 Long Island City, constables to hold posi- tions till Feb. 1, 1S98 139—1.424 Justices’ courts abolished 133 — 1,350 Police force transferred * 30 — 279 Long Island City tax budget, to provide.. Long Island City, unpaid taxes in Lymph and anti-toxine 122 — 1,226 M Manhattan. (See Boroughs.) Manhattan and Bronx; school boards — 106—1,061 Marriages 1^2 — 1,236 Ma.yor: Application for stage route must be ap- proved by 142 — 1, Appointments: Account, commissioners of 14 — Assessors, board of 94 — Bridges, commissioner 61 — Buildings, commissioner 64 — Chamberlain 20 — City magistrates, for Brooklyn, Queens, Richmond 137 — 1, Civil service commissioners 14 — Clerks 14 — Correction, department of 69 — Docks, board of 82 — Fire commissioner 72 — Heads of departments* 14- Health, board of 115—1, Highways, commissioner of 53 — Justices of special sessions 137—1, Marshals 139—1, Municipal court, justices of 133—1, Municipal statistics, chief 15— Parks, commissioners 61- Parks, department, president 61- Public buildings, etc., commissioner.. 59- Public charities, commissioner 66- Public improvements, board of 43- School boards 1^^ Sewer department, commissioner 57- Street cleaning department, commis- sioner 54- Taxes and assessments, board of 89- Water supply, commissioner 48- City Record, member of board of 145—1, Council, ex-officio member of 7— Duties of Election of Executive power ^ Extraordinary expenditure of board of health to be approved by 117-1, Governor may remove 14— Has police power over pawnbrokers 14— •Magistrate 14- May convene courts during pestilence.... 14- Member of board of sinking fund com- missioners 21- Members of board of education, may remove 199 1, Ordinances and resolutions, veto of 9— Power of removal 13 Salary of 12- Special meetings of municipal assem- bly, may call , Veto ^ Members of Greater New York Charter Commission (Portraits) 155 — Meters, gas and electric to be tested 59— 575 Metrolopitan Museum of Art 63— 621 Military aid for police 33— 308 Military duty, firemen exempt 73— 73C Municipal Assembly 5 — 4 Aldermen, Prest. of, assessment rolls, President to sign 91— 911 Heads of departments to have seats in the board 7— 25 How constituted 7 — 24 President of, how elected and removed 7— 26 Quorum of 7 — 25 Salary of 7— 24 Term of office 7 — 24 Vacancies, how filled 7— 24 Amount apportioned for tax must be certified to 28 — 249 Appropriation for street cleaning 56 — 546 AsHf^ssment rolls: duty of, respecting 91— 910 Meet., g to :eceive from board of taxOj and assessments «... 91~ 907 ' Page. Sec. Cusfody of 91 — 909 To be revised and corrected 91— 910 Penalty for neglecting to revise 92— 912 Ayes and roes to be recorded 8 — 35 Boundaries, power to change AoO — 1,582 Budget, may reduce 23— 226 Certain powers granted to 9— 49 City clerk to keep a record 8 — 29 Code of ordinances shall be published by 11- 57 College of City of New York; state school appropriation, shall apportion.. 24 — 230 Common jails, may designate 11— 52 Council 7 — 19 Assessment roll; President to sign 91 — 911 City clerk: appointment, term, duties.. S — 28 Districts 7— 19 First meeting of 7 — 22 How chosen 7 — 19 Mayor: ex-officio member of 7 — 21 Number of 6 — 18 President of 6 — 18 President of council may revoke auc- tioneer's license > 8 — 34 President to act as mayor 7 — 23 Quorum of 6 — 18 Salaries of 6 — 18 Temporary chairman 7 — 23 Term of office of 7 — 20 Time of meeting 7 — 22 Driving, to regulate 141 — 1,454 E^xpulsion of members 7 — 27 Ferry franchises; may grant 9 — 45 Franchises: power of regulating 12 — 87 Heads of departments to have seats in the board of aldermen 7 — 25 Height of buildings, may restrict 9 — 43 ■Journal to be kept by each house 8 — 35 Legislative power: where vested 6 — 17 Licenses, may issue 11 — 51 May assess for local improvements 45 — 422 May issue bonds for specified Improve- ments 9 — 48 May make appropriation for prevention of contagious disease 27 — 236 May not release contractors from penal- ties 45 — 424 May order map of city made 46— 434 Meetings to be held monthly 8 — 37 Members to hold no other office 8 — 36 Municipal court, to provide place for holding 135 — 1,371 Ordinances for franchises, may pass.., 12 — 75 Ordinances, style of 8 — 38 Park expenditures provided by 63— 617 Police, health, park, fire and building departments, shall establish 9 — 47 Power to make or repeal ordinances — 9 — 49 Places for holding courts, may assign.. 11 — 53, 54 Powers general, not restrictive 10 — ^ 50 Restriction of powers 43 — 414 Rules, journals, etc., of both bodies 7 — 27 ’Schools, taxes for, after 1898 — 106 — 1,059 Shall fix salaries, not provided for other- wise 27— 233 Special school fund, amount for each board to be designated 106 — 1,060 Salaries to prescribe 11 — 56 Security may be required from certain officers 11 — 55 Sergeant-at-arms, both bodies to elect.. 7 — 27 Shall make no contract for public im- provements 43 — 414 Special committees, may appoint 9— 44 Special meetings called by mayor 8— 37 Street railway franchises*, may grant... 9— 45 To fix rents for water supply 48 — 473 To assume all the powers now exercised by all the corporations 9 — 46 Trustees of public property 11 — 59 Violations of law by members of 11— 60 Vote to pass ordinances 8— 39 Waterworks, may acquire additional... 9— 42 Municipal court, created 133 — ti,351 Municipal courts, appeals from 135—1,367 Municipal statistics, bureau of 15— 128 Bureau of, now constituted 15 — 129 Chief appointed by mayor 15— 130 Powers and duties of 15 — 136 Salary 15 — 134 Commission, how constituted 15— 131 Limitation of expense of bureau 15— 138 Meetings and quorum 15 — 132 Place of meeting 15— 133 Powers and duty of commission 15 — 135 Statistics, publication of 15 — 137 N New York, City of : Alteration of rates of revenue prohibited 23 — 216 f •Bonded indebtedness 18— iC9 * Page. Sec. Bonds, how issued 18— 169 Bonds issued to take the place of those issued in 1898 IS— 170 Botanical garden 63 — 625 City court 133—1,345 Consolidated stock 23 — 213 Corporations consolidated .5— I Counties not to become indebted 6 — 8 Debt, common 6 — 5 Debt, creation of 6 — 7 Debts, creation and payment of C— 5 Division into boroughs 5 — 2 Effect where but a part of a corporation is annexed 0— 6 Election expenses a charge upon 40 — 367 Execution against 29 — 264 Expenses for 1898 C — tO Expenses of public schools for 1898 6 — 11 Former funds to be paid to the city 6 — 9 Liability of consolidated corporations 5— 4 Local government 5 — 4 Map or plan of 45 — 432 Municipal assembly 5— 4 Municipal court 133 — 1,350 Municipal court, actions in 135 — 1,370 Justices 133 — 1,352 Name of corporation 5 — 3 Parks, title of, vested in 61 — 608 Pharmacy, board of, abolished 145 — 1,520 Police force transferred 29 — 277 Powers and rights of 5— 3 Property, transfer of 6 — 8 Public buildings not in use may be sold. 12 — 76 Public library 63— 623 Seal of 5 — 3 Service of process on 29 — 263 Sinking fund cf 22— 206 Taxation 5 — 5 Territory 5— 1 Water sinking fund 22 — 208 Nonpayment of taxes, imprisonment for abolished 154 — O Ordinance: Franchises to be granted by 11— 72 How passed S — 30 Mayor's veto S — 40 Must originate in department concerned. 9— 47 Present to remain in force 9 — 41 Style of 8 — 38 Secondhand dealers; penalty for vio- lating 11 — 51 Vote required to pass 8— 39 P Papers now filed with town clerk, dispo- sition of 119 — 1,555 Parks, Department of: Art Commission, how constituted 64— 633 How chosen, etc 64 — 634 Officers 64 — 635 Officers and expenses 64 — 636 Works of art to be approved 64— 637 Works of art; removal of 64 — 639 Works of art; time for decision lim- ited — 558 Administrative jurisdiction 61— . 607 Bronx: N. Y. botanical garden: commissioner to have charge of 63 — 626 N. Y. Zoological garden: commission- ers to have charge of 63— 626 Brooklyn and Queens: Brooklyn Institute of Arts and Sci- ences, commissioners to have charge of 63— 624 Commissioners appointed 61— 607 Buildings in parks maintained by 62— 613 Detailed accounts to be kept 63 — 617 Expenditures 63— 617 Itemized estimates prepared 63— 617 Landscape architect; duties 62 — 611 Management: .general powers 62— 612 May appoint necessary officers 62— 614 May grant permits for military parades, etc 51 — 527 May permit fire apparatus to be placed in parks 62 — 615 Powers under former acts 62 — 616 Salaries 61 — 607 Supplies, advertised for 63 — CIS Shall make rules and regulation for, violations to be punished 62 — 610 Details from police force 34 — 313 Manhattan and Richmond, American Museum of Natural History; commis- sioners have charge of 63 — 622 Battery place; boat landings; commis- sioners from, have charge of 63 — 019 1T4 INDEX TO THE CHARTER OF THE CITY OF NEW YORK Page. Sec. Harlem river improvement; commis- sioners have charge of 63 — 620 Metropolitan Museum of Art; commis- sioners have charge of 63 — 621 New York public library, commissioners have charge of 63— 623 Officers in each borough 61 — 607 Park board, composed of three members 61— 607 Park department, municipal assembly to regulate 9 — 37 Parks, military parades prohibited 64 — 627 Parks, etc., title vested in city of New Y’ork 61 — 608 President, appointed by mayor 61 — 607 Real and personal property, gifts of 61— 609 Salaries 61 — 607 Supplies, advertisement for 63 — 618 Patented articles, how supplied 149 — il,554 Patronage of the Mayor (Table) 156 — Pawnbrokers’ books may be examined by police V — 317 Pensions, fire department 79— 790 Pension may be paid to widow, etc., of deceased fireman 79 — 317 Pension fund, health department 132 — 1,331 Pension fund, police department 39 — 355 Personal property, assessed valuation 89 — 894 Personal property, assessed value of 89 — 894 Personal taxes unpaid, collected by dis- tress and sale 93— 926 Costs to be added 93 — 927 Enforcing payment of 93 — 929 Proceedings may be dismissed by court. 93 — 934 Sale to be advertised 93 — 928 Surplus 93— 929 Pestilential disease, duty of board of health 121—1,219 Physicians’ duties 123—1,247 Petroleum, coal oil, etc., sale of 76 — 765 Vessels carrying 76— 768 Pliarinacists: Pharmacy, board of. constituted 145-1,513 Fraudulent registration 143 — ^1,518 Graduates defined 145 — 1,512 Must be registered 144—1,510 Patent medicines and adulterations 145-1,515 Penalties to be paid to college of 14.5—1,519 Poisons, selling of 145 — 1,516 Present boards abolished 145—1,620 Qualifications 144—1,511 Responsible for drugs sold 145—1,513 Wholesale dealers 145—1,517 Physicians, Registeredi At police precincts 35— 325 Compensation of 35 — 326 Hours of service 36 — 330 Nearest to attend 36 — 328 Penalty for refusal to attend when called 36 — 328 To report to health department 35— 327 Piers, slips, wharfage '. 85 — 844 Places of amusement, aisles must be clear 75 — 762 Fire alarm in 75— 762 Lights to be protected 75— 762 Plans for water fronts in consolidated city 32- — 819 Poisons, retailing, regulated 145—1,506 Police Department; Police board 13 — 99 Accommodation for detention of wit- nesses 33 — 321 Accused to be taken before magistrate.. 36— 338 All powers and authority of former boards transferred 29— 274 All police property to be vested in city of New York 29— 275 Arrests for violating health laws 34— 311 Arrests without warrants 36 — 337 Authority of 29— 271 Authority over transferred members of force 30 — 281 Brooklyn force transferred 30 — 278 Police, chief of. Appointments 30 — 286 Absence or disability of 31 — 293 Duties and powers 31 — 292 Commissioners 29— 270 Have full authority 30 — 281 May impose fines 32— 302 May issue subpenas 32— 301 May punish members 32 — 302 Powers of 29 — 271 Salaries 29— 270 To make all rules for 29 — 272 Civil service commissioners shall exam- ine all applicants for 33— 304 Criminal process, to be served only by members of force 37 — 340 Details to bridge department 34 — 314 I Page. Sec. Health department 34- 312 To park department 34— 313 Detectives, central bureau of 31 — 290 Dismissals from force 32 — 300 District telegraph companies, patrolmen for 38 — 350 Duties and salaries of former employes 30 — 282 Duties of 34— 315 Elections, bureau of 40 — 359 Establish mounted patrol 35 — 324 Exempt from military and jury duty.... 37 — 341 Fire department, to co-operate with 74— 741 Fix limits of precincts 35— 320 Force, increase of 30 — 289 General offices, first appointments 30 — 287 Has authority over former employes 30— 282 Headquarters 35 — 320 Health department to co-operate with.. 33— 310 Informers to be rewarded 33 — 305 Licenses. (See Licenses.) Lodgings for vagrants 35— 322 Long Island City force transferred 30 — 279 Matrons, their duties 41 — 376 Matrons, their salaries 41 — 379 Matrons and pension fund 41 — 380 Matrons, Laws of 1892 inapplicable.... 41 — 381 May sell old property 35— 324 May use boats 35- 324 Members may accept a reward 33— 306 Medical attendance, application for 35— 325 Members to take oath of office 30 — 285 Military assistance 33 — 308 Minutes of board may be used as evi- dence 31— 298 Municipal assembly to regulate 9— 47 Names of applicants to be published 30 — 284 New York force transferred 29 — 277 Officers of the courts 33— 309 Operate telegraph and telephones 35— 323 Pawnbrokers’ books to be examined 34 — 317 Personating police, penalty for 37— 339 Physicians, registered 35— 325 List to be posted 37— 329 Nearest to be called 36 — 328 Police force, its composition 29— 276 Policemen at polls 33 — 307 Police officers may administer oaths 32— 301 Police pension fund, all moneys to be deposited with treasurer 38— 352 Certificate of disability 40 — 357 Amount and duration 39— 355 Claims, false swearing 38— 352 Classified 39— 354 Department may regulate 40 — 357 Details of 38— 353 Equalized 39— 366 Exempt from execution and process.. 38— 352 Termination of pension to widows and children 39— 356 Police board, trustees of 38— 351 When terminate 39— 356 Who are entitled to 39— 355 Widows and children 39— 355 Political contributions forbidden 33 — 306 Power to appoint and remove 30 — 283 Powers over certain trades 34— 316 Present boards abolished 29 — 273 President, member board of health 115—1,167 Promotion of members 3O— 288 Property clerk, duties of 36— 331 (See Property Clerk.) Public exhibitions, licenses for 37— 346 Public exhibitions, to arrest offenders. .143— 1,478 Qualifications of members 30— ^84 Rank of transferred members 30— 281 Resignations, etc 33 — 303 Returns of arrests 36 — 338 Richmond county force transferred 30 — 280 Rules for governing the force 32— 300 Salaries and fines 30 — 283 See also 31— 299 Sections 681—585, police regulations 60 — 585 Shall make rules for the use of navigable waters within city limits 35— 319 Shall provide station houses, etc 35— 320 Special patrolmen, when appointed 33— 308 Steam boilers, inspection of 37— 342 (See Steam Boilers.) Stolen property 36— 331 Surgeons, duties and districts 42 — 294 To assist board of health 119—1,202 To detail officers to health department.. 132 — 1,324 To hold no other office 31— 291 To issue warrant of appointment 30— 285 To suppress gambling houses and lot- teries 34— 318 Treasurer, duties, bond 31— 296 Treasurer to appoint deputy 51 — 290 Treasurer, to pay all obligations........ fil— £37 Vagrants, lodging for 35— 322 Women, accommodations for 41 — 377 AVoman is arrested, proceedings where.. 41 — 37.8 Page. Sec. Police justices abolished 137—1,393 Political clubs, firemen must not join 73 — 739 Political contributions by police forbidden. 83— 306 Political fund, firemen must not con- tribute to 73— 739 Port of New York, waters Included In.,.. 88— 864 Potter’s Field 67— 673 Printing and stationery to be supplied by contract 146—1,628 Processions and parades 142—1,457 “Property’’ and “wharf property” defined 85— 833 Property clerk, appointment and duties — . 36 — 331 Property claimed by another person 86— 333 Return of property to accused person 36— 332 Stolen property to be used as evidence.. 36 — 336 Unclaimed property to be advertised and sold , 36—334, 336 Public administrator. New York county.. ..150— 1,686 Public exhibitions to be licensed ..142 — 1,472 Public markets and wharves, erection of. 85 — 835 Public schools and management of 105 — 1,055 Public Bnlldins'8, Department of: Commissioner, appointment 69 — 572 Contracts may be made for lighting each borough separately 60— 68T Electrical conductors, underground 60— 683 Electrical conductors placed under- ground, mode of procedure 60— 583 Electrical conductors, to grant permits for extending 60 — 683 Electric wires, removal of 60 — 681 Electric wires, submit ordinance for 69— 579 Electric wires to be inspected; penalty for violation of rules 59 — 580 Illuminating gas, tests of 59 — 578 Jurisdiction 59 — 573 Maps, etc., of former boards to be turned over to 60 — 588 Meters, gas and electric, to be tested.. 69— 675 Permit to take up pavement 60— 584 Salary 59— 572 Consulting engineer; duties 59— 674 Former law's repealed 59 — 676 Inspector of electric wiring; qualifica- tloas 69— 580 Officers and employes must have no in- terest in manufacture of gas, etc 59 — 577 Powers of former boards transferred 60— 588 Public Charities, Department of. 13— 103 Abandonment, etc.; action on bonds.... 69 — 687 Abandonment, etc.; appeals, costs 69 — '689 Abandonment, etc. ; commitment, surety 68— 686 .Abandoned wives and children, main- tenance of 68— 685 Accident cases; temporary care 67 — 670 Almshouse inmates; hours of labor, dis- cipline 68— 682 Articles manufactured, etc !... 68— 681 Commissioners; g.ppointed, jurisdiction.. 66 — 658 Accounts to be kept 67— 674 Bastardy proceedings; conduct of 68— 684 Bellevue hospital; non-residents may be admitted 68— 678 Blind, expenditure for relief of 68— 676 Buildings, repair of 67 — 672 Children as public charges 67 — 666 Children; to be notified of commit- ment of 67— 665 Term of commitment, discharge 67— 667 Correctional institutions, inmates de- tailed to work 68— 677 Destitute children, powers as to 67— 664 Expenditure not to exceed appropria- tions 67— 674 Insane, temporary care 67— 671 Itemized estimates prepared 67— 674 Kings County hospital; non-residents may be admitted 67— 678 May compel support of poor persons by relatives 68— 683 Potter’s Field, to have charge of — ... 67— 673 Powers as to destitute persons, etc.... 66 — 662 Private institutions, payments to 66 — 661 Public institutions; classification and instruction of inmates 67— 663 Record of Inmates 67— 669 Under jurisdiction 66 — 660 Rules and regulations 66— 659 Salary 66— 658 Subordinate officers 66— 659 Requisitions 68— 679 Reports 68 — 680 Supplies to be advertised for 68— 675 Pnblic Improvement, Board of: Constitution of 13 — 300 How sonstitutsd 43— 410 Ordinances for publlo work to be sttp- mitted to municipal assembly 44— 417 .All proposals to be advertised 44 — 420 INDEX TO THE CHARTER OF THE CITY OF NEW YORK. 175 Page. Sec. All eewers in accordance with general plan 46 — 440 Authorize sewer department to acquire land 57 — 561 Bonds for street cleaning department. may authorize 56— 646 Certificate of completion of work to be filed with controller 44 — 421 Contracts for work and supplies 44 — 419 Deposit to accompany all bids tor sup- plies and contracts 47 — 420 Detail employes to aid president 47— 441 Drainage and sewers 46— 43S Drainage plan to be filed 46— 439 Drainage, raising of grade tor 46— 441 Electric wires, may require the removal of, overhead 60— 581 Estimate of alt work must be made 43 — 413 General powers of 45 — 426 Grants to fire department 43 — 425 Maps to be filed 46— 437 May assess tor local Improvements 45— 422 May change map and grades 46— 436 May order map of city made 46— 434 No work to be performed until duly au- thorized 43 — 413 Office to be provided by municipal as- sembly 43 — 412 ■Opening of streets, etc., shall direct 96— 970 Powers on certain subjects 43 — 415 Powers to prepare ordinances on cer- tain subjects 44— 416 President, appointed by the mayor 43— 411 President may have aid- of an employe.. 47— 441 Powers, salary 43— 411 Member of board of revision of assess- ments 94— 941 To appoint surveyor 46— 443 To have map of city prepared 45 — 433 To mark boundaries, make surveys 46 — 442 Removal of buildings 96— 971 Secretary, appointed by president 43— 412 Shall authorize public improvements 43— 413 Street opening, legal proceedings for may be discontinued 100—1,090 To approve a4i streets and public places 148—1,540 To perform the work recommended by local boards 42 — 402 To prepare rules for Improvements 44— 413 Q Qneena fonntyi Charges, how paid 91— 902 Municipal court, additional justices 133—1.352 County charges of, to be borne by city.. 151— 1,593 Kerosene, license to sell, granted with- out the fee 76— 766 No tax to be levied on the part in- cluded In city 151—1,592 Proportion of funds returnable to, how determined 151—1,591 Proportion of debt assumed by city 150—1,588 School moneys to be apportioned by state controller 152—1,596 Queens. See boroughs. School board 106—1,061 Supervisors, certain powers granted 150—1,588 Towns abolished 150—1,581 Volunteer fire department 72— 722 R Recreation, piers set apart for 85— 837 Refuse not to be dumped into waters of the port 88— 880 Belief fund, fire department 73— 789 Retiring members, fire department 79 — 790 Retirement fund, teachers' ; 109—1,083 Review of the Charter by Hon. William C. De Witt 158— Richmond Cenntyi Charges, how paid 91— 902 County treasurer, office abolished 150—1,587 Kerosene, license to sell, granted with- out the fee 76— 766 Municipal court, additional justices 133—1,352 Police force transferred 30— 280 School boards 106—1,061 See boroughs. Towns and villages abolished 150—1,579 Volunteer Are department 72 — 722 Klker’s and Hart’s Islands 69— 696 s Salaries: ^ Aldermen, board of 7— 24 Assesaors, board of 94— 943 Borough president 41— 3S2 Bridge® comralgBlcnex of department 61— 594 I Fage. Sec. Buildings, commissioners of 64— 614 Bureau of statistics, chief of 15— 131 Chamberlain 21 — 1% City clerk S— 33 City magistrates, first division 137—1 392 City magistrates, second division 137—1,395 Controller 15 — 149 Corporation counsel 28— 255 Correction, department of, Commissioner 69— 694 Council 6 — 18 County officers; how met 130—1,583 Court of Special Sessions; clerks 137 — 1,404 Docks, board of S2 — 816 Docks, board of, pres 82 — 816 Election bureau; officers of 40— 362 Fire commissioner 72 — 720 Fire department: Inspector of combustibles 72— 727 Marshal, Brooklyn, etc 77 — 779 Marshal, Manhattan, etc 77 — 779 Sappers and miners, officer of 74 — 751 Uniformed force 73— 740 Health, board of. Chief clerk 119-1,194 Commissioners 119-1,194 President 119— 1. 194 Registrar of records, and assistants — 119 — 1,194 Sanitary superintendent, assistants 119 — 1,194 Secretary 119 — 1,194 Highway, commissioner of 53 — 523 iMayor 12 — 94 Municipal assembly to prescribe 11 56 Municipal court. Clerks and assistants 135—1,373 Justices of 133 — 1.35,5 Parks, commissioners of 61— 607 Police. Commissioners 29 — 270 Officers and members of 31 — 299 Public building, lighting, etc., commis- sioner of 59— 572 Public improvements, president of board. 43— 411 Sewer department commissioner 57 — 555 Street cleaning department 54 — 533 Clerical and uniformed force 54 — 536 Commissioner 54— 533 Taxes, commissioner of 89 — SS5 Deputies 89 — 837 Water supply, appraisal commissioners.. 52— 508 Commissioner of 48 — 468 Warrants, when not to be paid 15— 126 Sectarianism and dogmatic books excluded from schools 11.5—1,151 Sectarian schools; no money* to be paid to. 149 — 1.552 Sewers, Department of: Canals into w’hich sewers flow must be dredged 57 — 538 Commissioner. Appointment 57 — 555 Jurisdiction, duties 57— 556 Land for sewers, authority to be given by board of public Improve- ments 57 — 561 Private sewers may be constructed; procedure f 57 — 560 Proposals and contracts 57— 562 Salary 57 — 555 Temporary sewers may be built 57 — 559 To purchase supplies 57 — 563 Twenty-third and Twenty-fourth wards; powers transferred 57 — 565 Injury to sewers, penalty for 57— 564 Land for sewers, payment of 57— 561 Overflow sewers may be constructed 57— 557 May be discharged into Gowanus Canal and other waters 57— 557 Powers of all former boards transferred 58— 566 Temporary sewers, payment for 57— 559 Sinking* Fund: Annual provision, to meet the payment of certain bonds, etc 24— 229 Certain bonds and stock set aside 22 — 206 City of New York; of 22 — 206 Commissioners; how constituted 21— 204 Have power over certain assessments.. 23— 215 May call in bonded debt 23— 213 May cede to United States certain lands 23— 218 Must give notice when obligations cannot be met 24— 228 Powers 21— 205 Commissioners to pass upon all leases.. 23— 217 Consolidated stock a lien on the sink- ing fund 23— 213 Continued for redemption purposes 22 — 207 For commissioners’ duties on docks, etc., see chap. 16 • 2.3 — 219 For payment of interest 22 — 209 Moneys received for local improvements 22— 210 Not to be alienated or impaired 23— 212 Page. Sec, Preferred bonds, etc , to be paid from.. 23 — 214 Required by constitution 22— 208 Revenues pledged to redeem city debt.. 23 — 2dl Sale of public land at auction 23— 220 Water of City of New York 22— 208 Special sessions, court of 137—1,401 Steam Boiler8, engineers must have certificate .37 — 343 Inspection of 37 — 342 Operators must have certificate 37— 342 Over pressure forbidden 37— 345 Owner'.s neglect to report for inspec- tion 37— 345 Records of inspection must be kept... 37 — ji4 Street Cleaning' Department, how constituted 54 — 533 Clerical and uniformed force 54 — 533 Clerical and uniformed force, removals. 54 — 537 Commissioner, appointment, term 54 — 533 Contracts, special, for removing ashes, etc 55 — 544 Contracts to be let to lowest bidder.. 55 — 541 Contracts to provide for removal of ashes, etc 55 — 549 Encumbrances on streets, removal regulated L 56— 543 Encumbrances on streets, sales of 56— 545 Expense for street cleaning limited... 56 — 54S Jurisdiction 54 — 534 Power to obtain plant, etc 55 — 541 Salary 54 — 533 Snow and ice may be dumped from piers 88— 878 To divide streets into districts and make allotment of sweepers 55— 539 Uniformed force, badges, etc., for 55— 543 Street cleaning, garbage, etc., con- tracts for disposition of 55 — 541 Members of, not liable to military or jury duty 55— 539 Powers of former boards transferred.. 56 — 547 Salaries 54— 533 Streets divided into districts 55 — 539 street, definition of 142—1,466 Streets: Injured person may recover damages by suit 141—1,453 Informer relieved of penalty for ma- licious offenses 142—1,465 Law of the road 141—1,455 Municipal assembly to regulate driving. .141 — 1,454 Processions and parades 142—1.457 Rubbish not to be thrown into 141 — 1.456 Stage route franchises to be disposed of as other franchises' 142 — 1,460 Stages and omnibuses 142 — 1,45S Stages and omnibuses, consent of prop- erty owners necessary for franchise. .142— 1,458 Stages and omnibuses, mayor must ap- prove 142—1,459 Stages must be run in conformity with this act 142—1,461 Street lamps, breaking 142—1,462 Offender to be detained 142—1,463 Streets and public places, dedication of . .148— 1,540 Street railways, municipal assembly may grant franchises for 9— 45 Sunday exhibitions forbidden 143—1,481 Supervisors, transfer of powers 160 — 1,586 T Taxation: Amount to be raised to be published by controller 28— 247 Bills for, to show arrears 103—1,026 Bonds may be issued for state taxes 20— 186 Churches, etc,, exempt 91— 904 Deficiencies, limits, levies 28— 248 Exemptions, existing and valid 91— 905 For schools after 1898 106—1,059 Where taxes, etc., are payable 17— 157 Taxes and Assessments, Depart- ment of 89— 884 How composed 89— 885 Meaning of 91— 90S Tax, may remit or reduce 90— 897 Commissioners 89— 885 Commissioners’ deputies: Appointed gg— ggy Apportioned among boroughs 89— 888 Duties in assessing taxable property. 89 — 889 Duties, term, salary 89— 887 Make up amount of assessed valuation in boroughs go— 899 Corporations, record of assessed valua- tion of real and personal property 90 — 893 Corporaticne, tax for; how collected 92— 921 Final determination to be reviewed by certiorari 9i_ 905 17G INDEX TO THE CHARTER OF THE CITY OF NEW YORK. Page. Sec. Offices in. all boroughs 89— 890 Permits for buildings: copies to be sent to department 91 — 903 Personal property, atssessed valuation: how and where kept 89— S94 Powers of former boards transferred 89— S86 President: how appointed: salary 89— 885 Record of assessed valuations in each borough to be made annually 89— 892 What it shall contain 89 — 892 When open for inspection 89 — 892 Revision and cancellation of assessment in boroughs 90 — 898 Salary 89 — 885 Surveyor appointed by 89 — 891 Taxes? Controller to soibmlt amount to be raised to municipal assembly 91 — 902 County charges: how to be paid 91 — 902 Collected during 1897 to be deposited with controller, Jan. 1, 1898 93 — 937 Daily statement to be made to chamber- lain 92 — 922 For 1897-1898 91— 901 Interest on unpaid 92 — 916 On corporations: how collected 92 — 921 Rebate 92 — 915 Taxes, Receiver of: Arrears of taxes to be sent to collector of arrears 102 — 1,023 Controller to appoint deputy in case of absence 92 — 925 Taxes: daily statement sent to cham- berlain 92 — 922 Taxes: how amount shall be kept ..... 92 — 923 Report to chamberlain: penalty for neglect 92— 924 Taxes unpaid Dec. 1, notice of to be published 92 — 919 Taxes unpaid November 1, after war- rants have been delivered 92 — 918 To give public notice where taxes are payable 92— 914 Taxes, unpaid personal, collected by distress and sale 93 — 926 Costs to be added 93 — 927 Sale to be advertised 93 — 928 When suit may be brought 93 — 936 Taxes, undivided part of, how paid 92 — 920 Taxes, Unpaid Personal, corpora- tion counsel to sue for 93— 933 Enforcing payment of 93 — 930 May be dismissed by court 93— 934 Order to prosecute 93— 931 Sent to corporation counsel 93 — 932 Surplus after sale 93 — 929 Taxes, where doe and payable.. 92 — 913 Adjoining lots of an owner advertised as a single parcel 103 — 1,028 Affidavits of publication of notices preserved 103 — 1,054 Sales, complete record must be kept. .103— 1,053 Collector, searches, fees to be added to arrears 105—1,052 Taxes and assessments, bill to be fur- nished 105—1,051 Proceeding for sales of lands 103—1,027 Property purchased by municipalities transferred to consolidated city 103—1,033 Collector of, to conduct sales 103—1,030 Sale canceled 103—1,030 Sale, certificate of 103—1,030 Sale for, collector may bid in property for city 103—1,031 Sale for, collector must assign prop- erty to city 103—1,032 Sale mortgagees to be notified 104—1,0,36 Sale, notification of, to mortgagees 104—1,037 Sale, notification, etc., affidavit of service 104—1,038 Sales postponed 103—1,029 Sales of lands to city; redemption of. 104— 1,034 Unclaimed lands, city to take posses- sion 104—1,0.35 Assessments; application for correction. 90— 895 Apportionment of 102 1,021 Confirmation of to be published by con- troller 101—1,005 Page. Sec. Deepening water at docks 95 — 954 For local Improvements 94 — 942 For repaving; when forbidden 94 — 948 Interest added for non payment 101 — 1,006 Interest llm.ited to excess over benefit. .101— 1,007 Interest to be charged on unpaid 102 — 1,019 Meaning of 94— 942 To be equal 101—1,003 To be liens 101—1,004 Assessment rolls, arrears to be entered. ..103— 1,025 Bills for to show arrears 103 — 1,026 To be delivered to Municipal Assembly.. 91 — 907 To remain in custody of Municipal As- sembly 91— 909 Water rents to be entered 102 — 1,024 When corrected to be given to re- ceiver of taxes 91— 911 Assessments, when increased or di- minished 90— 896 Assessments, vacating 95— 962 Claims may be embraced In one pro- ceeding 95— 961 May be reassessed. 96— 964 Proceedings for, when to be brought 9.5— 96.3 Remedy limited 95 — 958 Shall not be vacated because of Ir- regularity or technicality 95— 960 Assessors, how appointed 94— 943 Assessments, certificates on w'hich made 94 — 946 How property shall be described 94 — 949 Notice cf completion to be given 94— 950 Assessment not more than half valua- tion 94 — 947 Change of grade; may make awards for damages 94 — 951 Powers of 94— 945 Salary, duty 94 — 943 Certain grounds reserved 96 — 972 Certificate lost 105 — 1,050 Change of grade, damages for 94 — 951 Change of grade, damages awarded for, when to be paid 9,5 — 933 City entitled to compensation for prop- erty taken 100— 995 City liable for assessment for benefits. .100 — 995 Costs, taxation of 100 — 999 Damages for land taken, when paid 100—1,001 Money of persons under disability 101 — 1,002 Money paid to wrong persons 101 — 1,002 Interest on unpaid assessments 102 — 1.019 Interest, etc., rate 102 — 1,020 Landlord and tenant, contracts, how affected when property is taken 100 — 996 Mortgagee, right to redeem 104 — 1,040 Opening streets and parks, authority.... 96— 970 Commissioners; Abstract of estimate and assessment to be deposited 97 — 981 Abstract, how amended 97— 982 Application and appointment of three.. 96— 973 Certain powers of 97 — 979 To give notice of appointment.'. 97— 978 Two may act 96— 976 Corporation counsel, duties of 100 — 997 Costs, etc., for searcher, surteyor, etc., to be paid by controller lOO — 997 Costs and charges (continued) 100— 998 Damages and benefits, to ascertain 97— 980 Oath of 96— 977 Commissioners’ report. Appeal from 98— 988 Appeal to court of appeals 98— 989 Duplicate copies filed 98 — 987 Proceedings on presentation 98— 98b Report to court gs — 984 Proceedings limited 99— 991 Removal of 99 991 To estimate and assess benefits and damages to the city 100— 995 Vacancies; how filled 96— 975 Vesting of title gg_ 999 Legal proceedings for, discontinued by board of public improvements lOO 1,000 Notice to be published 101—1,008 Owners of land may convey to the city.. 99— 992 May open streets 9g_ 993 City may make agreement with 99— 994 Supreme court may amend defects 96— 974 Witness; how compelled to testify 97— 983 Redeeming property from sale certificate furnished 105—1,049 Cerificate of controller, effect of 105—1,046 Page. Sec. Lease to be executed to purchaser on failure of 104—1,041 Mortgagees, right of 104—1,040 Notice of expiration of time to be pub- lished 104—1,041 Occupied lands; notice to be served 104—1,013 Owner or occupant 105—1,047 Accounts to be examined, receiveris 17 — 1,54 Appointed by controller 16— 152 Bonds to be filed 17— 138 Location of offices 17 — 155 May appoint deputies 17— 156 Renewal of bond 17— 153 Portion of land sold 104—1,042 Rate of interest, how calculated 105 — 1,048 Removal of buildings , 96— 971 Revision of assessments, board of 94— 941 Powers 94— 945 Sale of lands, actually occupied, for taxes, notice to be served 103 — 1,045 Service, mode of 105 — 1,044 ‘‘Street,” defined 101—1,010 Subdivision of plote for streets 99— 993 Supreme court, petition to in case of fraud or error in assessments 95— 939 Taxes, assessments, water rates, sales for 102—1,017 Taxes and water rents, liens on as- sessed lands 102—1,017 w Wards : Brooklyn; to be continued loO— 1,577 Manhattan and Bronx; to be constinued. 150— 1,578 Queens, borough of; how designated. . .150 — 1,5&1 Richmond, borough of; how designated. 150 — 1,580 Wafer Sapply, Department of: Commissioner; appointment 48— 468 Condemnation proceedings 48— 472 Duty of 49— 483 Expenditure filed with controller 53— 513 Has charge of all property 49 — 479 Jurisdiction 48— 469 Maps to show all details 50— 488 May determine source of supply 48— 472 May enter on lands to make maps 50 — 487 May place meters in buildings 49— 475 Power where more than one borough is involved 48 — 470 Restrictions on his power 48 — 471 Salary 48— 468 To contract for water for Twenty- fourth Ward 48 — 474 To prepare maps 50 — 486 Commissioners of appraisal 50 — 492 Agreement with owners of real estate. 52 — 507 Awards paid protect city 52 — 503 Payment of 51 — 500 Payment to minors, etc 51 — 501 j Proceedings of 51 — 495 Report to be filed 51 — 497 Report to be made 51 — 496 Appeal from 52 — 505 Confirmed by supreme court 51 — 499 Separate, may be made by 52 — 504 Supreme court may amend 52 — 506 To be confirmed 51 — 498 Salary and expenses 52 — 508 . To take and file oath 51 — 493 When real estate becomes property of city 51— 494 Who may present claim to 52 — 502 Bonds, controller to issue 52 — 509 Bonds for, description of 52 — 510 Certain acts misdemeanors 49 — 481, 482 Corporations may use grounds under streets 53— 516 Extra charge for non-payment of rents.. 49— 476 Former privileges vested in the city 53— 517 Highways and bridges over reservoirs... 53— 512 Hydrants with royalty not to be used 49— ' 477 Lake Mahopac, water from 53— 514 Lands used as reservoirs 49 — 480 Maps to be filed by corporation counsel.. 50— 4S9 Present proceedings continued 53— 515 Proceedings to acquire lands for 50— 490 Notice must be given 50— 491 Real estate defined 49— 435 Real estate, how to acquire.... 49~ 484 State board of hea.lth, jurisdiction 53— 511 Water rates, unpaid; accounts of each ward to be sent to controller 102 — 1,022 Amendments to the Charter, 1900, INDEX TO AMENDMENTS City Record, a Board oft Printing and stationery to be supplied by contract, etc 183 Collesre of the City of New York: Instruction to be furnished gratuitously: degrees and diplomas 183 Trustees 182 District Attorney, Kings Connty: Power to appoint clerks 1S4 Rdacation, Department of: Administers special fund; apportions gen- eral fund and files record with Controller 181 Power to fix salaries 181 Special and general school funds; all moneys to be received by Board of Education 181 To be representative of school system; to require and revise estimates from school boards 181 j/7mendments DEGISEATIVE DEPARTMENT. Franchises for street railways and ferries. Sec. 45. The municipal assembly is author- l 2 ed to grant from time to time to any corpor- ation thereunto duly authorized, the fran- chise or right to construct and operate rail- ways in, upon, over, under and along streets, avenues, parkways or highways of the city, hut no such grant shall he made except upon the limitations and conditions^of this act else- where provided in respect of the grant by the municipal assembly of franchises and rights In the streets, avenues, parkways and high- ways of the city. And further, to the end that cheap, easy and convenient intercourse may be had between all parts of the city, the city of New York, as hereby constituted, shall have full and exclusive power to establish, and full power to enjoy by leasing the same or otherwise, and to maintain and regulate ferries over all streams and waterways within or adjoining the limits of the said city. The municipal assembly may pass appropriate or- dinances not inconsistent with law or with this act, or with the vested rights of exist- ing companies or corporations, to enforce the provisions of this section and to carry out its purpose. Nothing in this act contained shall repeal or affect in any manner the provisions of the rapid transit acts applicable to the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York, or any municipality herein united therewith or territory embraced therein, or to repeal or affect the existing general laws of the state in respect to street surface rail- Pire Department: Consolidation of departments; volunteer de- partments ISl Fires and their extinction, right of way 181 Healtk, Department of: Offensive trades 183 Law Department: Corporation Counsel to be head: duties, salary ITS Legislative Department: Commissioner of deeds; appointment, oath, term; clerk therefor 177 Franchises for street railv/ays and ferries... 177 Local Government: Governor to appoint commission to examine into 184 roads. The cousent or approval of the muni- cipal assembly to or for the issue of corpor- ate stock of the city of New York, as provided by section one hundred and sixty-nine of this act, shall not be necessary to authorize the controller to issue such stock lor the purposes described in said chapter four of the laws of eighteen hundred and ninety-one as amend- ed. The board of estimate and apportionment and the controller , of the city of Nev/ York, as hereby constituted shall, anything herein contained to the edntrary notwithstanding, be subject to all the duties and obligations pre- scribed in said chapter four of the laws of eighteen hundred and ninety-one as amend- ed for the board of estimate and apportion- ment and controller therein mentioned. Upon the execution of any eontract made pursuant to chapter four of the laws of eighteen hun- dred and ninety-one as amended, the board of rapid transit railroad commissioners may, in its discretion, make requisition upon the board of estimate and apportionment for the authorization of such corporate stock, either lor such amounts from time to time as they shall deem the progress of the work to re- quire, or for the full amount sufficient to pay the entire estimated expense of execut- ing such contract. In case they shall make requisition tor the entire amount, the control- ler shall indorse on the contract his certifi- cate that funds are available for the entire contract whenever such stock shall have been authorized to be issued by said board of es- timate and apportionment; and in such case such stock may be jssued from time to time thereafter in such amounts as may be neces- I Public Bandings, Department otx Commissioner to cause tests to be made, etc IM Public Charities, Department of: Bastard children, support of 180 When new security is required after convic- tion in 3,bandonment proceedings 180 Sewers, Department of: Construction of lateral sewers on behalf of private owners in Brooklyn and Queens... 179 Construction of sewage disposal works or plants, etc ISO Street Cleaning, Department of: Commissioner of street cleaning: power to obtain plant, supplies, etc 17$ Water Supply, Department of; Assessment on lands used as reservoirs, etc. 178 Restriction on power to contract.... 17$ sary to meet the requirements of such con- tract. The certificate by the controller, 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. [Amended by Chapter 7, Laws of 1900.] Commissioner of Deeds; Appointment, oath, term; Clerk therefor. Sec. 68. The hoard of aldermen is hereby authorized and is empowered to appoint com- missioners of deeds from time to time, who shall hold their offices for two years from the date of their appointment; such appointment shall not require the concurrence of the coun- cil nor the approval of the mayor, and here- after, at the time of subscribing or filing the oath of office, the city clerk shall collect from each person appointed a commiesioner of deeds the sum of five dollars, and he shall not administer or file said oath unless said fee has been paid. All fees collected by the city clerk under and by virtue of this act, except as hereinafter provided, shall he ac- counted for and paid over monthly into the treasury of the city. The city clerk shall appoint an officer to be known as commis- sioner of deeds clerk, whose duties shall be to enter the name of commissioners of deeds appointed, in a book kept for that purpose, make out certificates of appointment and to discharge such other duties as the city clerk may designate.- Said commissioner of deeds clerk shall receive a salary at the rate of twelve hundred dollars per annum, payable monthly. Any person hereafter appointed to the office of commissioner »f deeds in and for Adopted by the legislature in 1900 178 AMENDMENTS TO THE CHARTER, lOOftj the city of New York hy the hoard of alder- men, before entering upon the discharge of the duties of eaid office and within thirty days after such appointment, shall take and subscribe before the commissioner of deeds clerk, in the office of the city clerk, the fol- lowing oath of office: That the applicant Is a citizen of the United States and of the state of New York, and a resident of the city of New York; that he will support the constitution of the United States and the con- stitution of the state of New York, and faith- fully discharge the duties of the office of com- missioner of deeds. Any commissioner of deeds who may remove from the city of New York during his term of office Is hereby re- quired to notify the city clerk of such re- moval. Any person appointed to the office of Commissioner of deeds under the provisions of this section upon qualifying as above pro- vided may take acknowledgments and admin- ister oaths in any part of the city of New York, without filing a certificate of his ap- pointment in the office of the clerk of the county In which he resides or In which the borough In which the acknowledgment Is taken or oath administered is situated, and all paper.s so acknowledged or verified shall be recorded or read in evidence without any further proof, in all the boroughs of the city of New York. The city clerk upon the re- quest of any commissioner appointed under the provisions of this act must make and de- liver to such commissioner a certificate under hla hand and official seal, showing the ap- pointment and term of office of such com- missioner, which certificate may be filed in the office of the clerks of the counties of New York, Kings, Queens and Richmond upon payment of six cents in each office for filing. The clerks of the counties of New York, Kings, Queens and Richmond shall keep each a book in w'hich shall be registered the sig- nature of the commissioners so filing such certificate, and said clerks of the counties of New York, Kings, Queens and Richmond shall upon demand and upon payment of the sum of twenty-five cents, authenticate a cer- tificate of acknowledgment or proof or oath taken before such a commissioner of deeds, by subjoining or attaching to the original cer- tificate of acknowledgment or proof or oath, a certificate under his hand and official seal specifying that at the time of taking the acknowledgment or proof, the officer taking It was duly authorized to take the same; that the authenticating officer is acquainted •wih the former’s handwriting, or has com- pa.red the signature to the original certificate with that deposited in his office by such of- ficer. and that he verily believes the signature to the original certificate is genuine, and if the original certificate is required to be un- der seal, he must also certify that he has compared the impression of the seal affixed thereto with the impression of the seal of the officer who took the acknowledgment or proof deposited in his office, and that he verily be- lieves the impression of the seal upon the original certificate to be genuine, without re- gard to the county in w’hich said acknow'ledg- ment was taken or oath administered, pro- vided that said county be w'holly within the city of New York, or if it be partly within the city of New York, that the acknowledg- ment was taken or oath administered in that portion of said county which is included with- in the boundaries of the city of New York. Any instrument or paper acknowledged be- fore a commissioner within the city of New York and certified by the clerk of the county of New York Kings, Queens or Richmond, •6 hereinbefore provided, shall be recorded state without further proof. The term of office of every commissioner of deeds who, on the first day of May eighteen hundred and xtinety-eight, shall be holding over after a term of two years, shall then cease. [Amend- ed by chapter 247 Laws of 1900.] LAW DEPARTMENT. Corporation Council to be tlie head of the Law Department; Duties, Salary, Sec. 265. There shall be a law department of the city of New York, the head whereof shall be called the corporation counsel, who shall be the attorney and counsel for the city of New York, the mayor, the municipal assembly, and each and every officer, board and department of said city, except as other- wise herein provided. The salary of the cor- poration counsel shall be fifteen thousand dol- lars a year. The corporation counsel shall have charge and conduct of all the law business of the corporation and its departments and boards, and of all law business in which the city of New York is interested, except as otherwise herein provided. He shall have charge and conduct of the legal proceedings necessary in opening, widening, altering and closing streets, and in acquiring real estate or interests therein for the city by con- demnation proceedings, and the preparation of all leases, deeds, contracts, bonds and other legal papers of the city or of, or con- nected with, any department, board or officer thereof, and he shall approve as to form all such contracts, leases, deeds, bonds and other legal papers; provided, however, that he shall not institute any proceeding for acquiring title to real estate by condemnation proceed- ings, except for opening streets, unless the same shall have been approved by tbe con- current vote of all the members of the board of estimate and apportionment upon a state- ment to be furnished said board, of the valu- ation of such real estate as assessed for pur- poses of taxation; and provided, further, that the board of estimate and apportionment shall have power by a majority vote to di- rect such changes to be made in the forms of contracts and specifications as may seem to promote the interests of the city. He shall be the legal adviser of the mayor, the mu- nicipal assembly and the various departments, boards and officers, except as otherwise here- in provided, and it shall be his duty to fur- nish to the mayor, the municipal assembly 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 cf them, and for that purpose, the corpora- tion counsel may assign an assistant or as- sistants to any department that he shall deem to need the same. No officer, board or de- partment of the city, unless it be herein otherwise specially provided, shall have or employ any attorney or counsel. The cor- poration 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 in any court, local, state or national, to maintain, defend and establish the rights, interests, revenues, property, privileges, fran- chises, or demands of the city, or of any part or portion thereof, or of the people thereof, or to collect any money, debts, fines, or penalties or to enforce the laws and ordi- nances. He shall be a member of the board of estimate and apportionment, and of the board of public improvenlents. He shall not be empowered to compromise, settle or ad- just any rights, claims, demands or causes of action in favor of or against the city of New York, or to permit, offer, or confess 9X read In evidence in any county of thisJudgment against the city, or to accept any offer of judgment in favor of the city with- out the previous written approval of the controller; and in case of any claim for a money judgment exceeding ten thousand dol- lars, or for relief other than in the nature of a money judgment, the previous written approval of the mayor shall be also neces- sary. — [Amended by Chapter 284, Laws of 1900.] DEPARTMENT OF WATER SUPPLY. Restriction «n power to contract. Sec. 471. It shall not be lawful for the commissioner of water supply to enter into and contract whatever with any person or cor- poration engaged in the business of supply- ing or selling water for public or private use and consumption, unless, preliminary to the execution of the contract, the assent of the board of public improvements and the approval of the board of estimate and appor- tionment together with the separate written consent and approval of both the mayor and tho controller of the city of New York of the proposed contract in all its details, shall be given by resolution to the execution of such contract as submitted, and it shall not be lawful for the said city of New York or for any department thereof, to make any contract touching or relating to the public water sup- ply, and especially the increase thereof, with any person or corporation whatsoever, save in accordance with the provisions and require- ments of this act, which said provisions and requirements are hereby declared to estab- lish the exclusive rule for the making of such contracts. All proceedings relating to the making or approvai of any such contract may be reviewed by the appellate division of the supreme court in the first or second department, on the application of any resi- dent taxpayer. — [Amended by Chapter 283, Laws of 1900.] Assessment on lands used as reser- voirs, etc. Sec. 480. The lands heretofore taken or to be taken for storage, reservoirs, or for other constructions necessary for the introduction and maintenance of a sufficient supply of water in the city, or for the purpose of pre- venting contamination or pollution, shall be assessed and taxed in the counties in which they are or may be located in the manner prescribed by law, at the value of the lands exclusive of the aqueducts, and the construc- tion and works necessary for its purposes, provided that the assessed value of the said lands shall not exceed the assessed value of the lands In the immediate neighborhood thereof. But nothing in this section con- tained shall prevent the assessors in the county of Nassau from assessing the pump- ing stations and buildings located in such county. [Amended by Chapter 463 Laws of 1900.] DEPARTMENT OP STREET CLEANING. Commissioner of Street Cleaning; Ijower to obtain plant, supplies, etc. Sec. 541. The said commissioner of street cleaning shall have the power, and it shall be his duty, to purchase or hire from time to time for his use as such commissioner, ai current prices, such and so many horses, carts, steam tugs, scows, boats, vessels, ma- chines, tools and other property as may be required for the economical and effectual per- formance of his aforesaid duty or to contract for the construction of any such tugs, scows, boats, vessels, carts, machines, tools or other property; or for the sweeping of streets and the removal of street sweepings by machine and also to contract for the cremation, utili- zation or burning of street sweepings, refuse and garbage; or for the rnelting or removal of snow upon or from any streets or avenues AMENDMENTS TO THE CHARTER, 1000. V ; 179 or parts thereof. The title to property so purchased or constructed shall be in the city of New York. All such hiring, or purchases, or contracts, however, exceeding one thou- sand dollars in amount at any one hiring or purchase, shall be let by contract to the low- est bidder therefor, founded on sealed bids or proposals made in compliance with public notice advertised in the City Record; svich notice to be published at least ten days prior to the opening of such proposals or bids. Provided, that- nothing herein contained shall prevent said commissioner, whenever it shall be necessary, to hire such boats, steam tugs, scows, vessels, machines, tools or other prop- erty for a day or trip, and for successive days or trips, without advertising or contract founded on sealed proposals or bids, at com- pensation by the day or trip, notwithstanding the aggregate compensation for such succes- sive days or trips may exceed said sum of one thousand dollars. The said commissioner Is hereby authorized, whenever and as often as. In his opinion, the public interests shall require, to reject all bids or proposals re- ceived in answer to any such advertisement, and to readvertise for bids and proposals as hereinafter provided. Whenever the said commissioner shall deem it necessary, he shall and is hereby authorized to sell, at public auction, any plant, material, horses, carts, scows or other property, used in any way in connection w'ith the work of cleaning streets, but before any such sale shaii be made a no- tice thereof stating the time and place of sale shall be published in the City Record and cor- poration newspapers lor at least ten days immediately preceding such sale, and the proceeds arising from such sale, after deduct- ing the necessary expenses thereof, shall be paid into the city treasury to the credit of the general fund for the reduction of taxa- tion. The said commissioner is hereby au- thorized, with the consent and approval of the board of sinking fund commissioners, to hire or lease for periods not exceeding ten years suitable and sufficient offices lor the trans- action of the business under his charge, and also such stables and other buildings or parts of buildings or plots of ground as may, from time to time, be necessary. All carts used by said department of street cleaning shall be of such size, form and construction as to pre- vent escape during transit of dust, or any refuse carried therein. [Amended by Chap- ter 744, Laws of 1900.] DEPARTMENT OF SEWERS. Constmction of lateral sewers on be- half of private owners in boroughs of Brooklyn and Q,ueens. Sec. 567. Construction of Lateral Sewers on behalf of Private Owners — iVhenever a majority in amount, according to the last preceding assessment, of the owners of land comprising it least thirty acres in one body shall petition for leave to construct and connect lateral sewers in and upon the land in question, the com- missioner of sewers shall unless the same has already been done, prepare plans and specifications of such proposed sewers con- forming to the general plan for the construc- tion of public sewers in said city. One copy of said plans and specifications shall be filed in the office of the board of public improve- ments, and a duplicate copy in the office of the commissioner of sewers. The commis- sioner of sewers may require a guarantee satisfactory to himself for the payment of the necessary expense of the department of sewers in the preparation of such plans and specifications. Upon the approval of such plans And specifications by the comtni^sioncr of sew- ers and the board of public improvements, the commissioner of sewers shall, at the re- quest of the petitioners, cause bids to be ad- vertised according to law for the building of any portion of said sewers to be named by said petitioners, but not less than ten thou- sand dollars in amount (or one mile in length). Upon the opening of said bids the commissioners of sewers may award the said contract, as provided by law, but conditional upon the deposit of the amount thereof by or on behalf of the petitioners as hereinafter provided. Thereupon the commissioner of sewers shall notify in writing said petitioners and the controller of such award, and the amount that will be required thereunder to construct and build the said sewers. With- in thirty days thereafter the said petitioners shall pay or cause to be paid to the con- troller of the city of New York a sum equal to the amount necessary to construct and build the said sewers covered by said con- tract. If the petitioners shall not pay such money to the controller within the time afore- said, then all proceedings hereunder shall be null and void, and after deducting from the money already deposited by or on behalf of the petitioners, or secured by them to be paid, the amount of all expenses in connec- tion w'ith said proposed sewers, the control- ler shall return the balance of said money, if any, to the petitioners or their assigns. If the petitioners shall deposit the money for the purpose of carrying out said contract, as above provided, the commissioner of sewers shall duly award said contract to the bidder entitled thereto, and shall proceed to the con- struction and completion of said sewers. When the said sewers shall have been com- pleted, the commissioner of sev ers shall de- liver to and file with the controller and also with the board of assessors of said city, a certificate setting forth the amount of the entire cost of such portion of said sewers, including the inter.;st accrued on said de- posit to the date of said certificate, together with a map and statement showing the loca- tion and general character of the sewer. Thereupon said board of assessors shall ap- portion and assess the cost of said sewers and the other expenses arising under this act upon the lands and premises affected thereby in proportion to the amount of bene- fit derived by each of the said lots without regard to the assessed valuation thereof, as in their judgment shall be just, and shall pre- pare a list showing the separate parcels so benefited, and the amounts so assessed upon the same respectively, and thereupon the same proceeding shall be had for confirma- tion of said assessment and apportionment as is provided in this charter, and said assess- ment and apportionment shall Include inter- est to the date of such confirmation. The confirmation of said assessment and appor- tionment shall be final and conclusive upon all owners of land and all persons affected thereby. The board of assessors shall there- upon divide the amount apportioned and as- sessed upon each parcel of land affected thereby into twenty equal annual parts or installments, together with interest upon each installment at the rate of six per centum per annum from the date of such confirma- tion of the apportionment and assessment to the first day of December in each of said twenty years successively, and shall duly enter their said apportionment and assess- ment, with interest as aforesaid, and in said twenty yearly installments, in books which they shall properly certify. Thereupon said board shall deliver to and file in the offices of the controller and of the collector of as- sessments and arrears, respectively, one copy of said books of apportionment and assess- ment. On the first day of September in each of said twenty years, ’■espectively, the said assessment for said year shall be and be- come a lien upon the lands or parcels of land affected thereby, and the said filing in his office of the said apportionment and assessment shall be to the collector of as- sessments and arrears a full and proper war- rant for collecting 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 accord- ing to said apportionment and assessment, shall be collected in the same manner and subject to the same rebate and default as is provided by law in the case of assess- ments in said city affecting the lands in question, and all the provisions of law ap- plicable to the sale of lands for the non- payment of assessments in the said city af- fecting the lands in question shall apply to the said assessments provided for here- in. Each one of the said several annual In- stallments levied as aforesaid in each yeaf shall, notwithstanding any other provision of this charter, be a lien upon the land or parcels of land affected thereby only from the time the same shall be respectively levied. The owner of any parcel of land so assessed may at any time after the first installment shall have become due and payable, pay to the controller of the city of New York all the installments not levied of the sum made chargeable on the said land, as ascertained by the board of assessors as provided for in this section, with the proper deduction op rebate for any interest for any period sub- sequent to the date of said payment and in- cluded in said unpaid installments respec- tively upon said books. Thereupon the said land shall be discharged from all further liability on account of such assessments. For the purpose of making such payment, such owner shall present to the controller the certificate of the collector of assessments and arrears showing the amount of the said installments not levied and paid, and upon receiving such payment the controller shall certify the same to the collector of assess- ments and arrears, who shall thereupon can- cel the assessments so paid. The collector of assessments and arrears shall cause to be printed on all bills made out in his of- fice for installments 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, oi shall have caused to be paid to the controller the sum of money required to construct and build said sewers or any portions thereof, as speci- fied in the said contract or contracts, they shall be entitled to receive the moneys and all interest thereon to be assessed and col- lected under this act, and all such moneys and interest so collected upon said assess- ment shall forthwith be paid over to the said petitioners, or their nominees or as- signs. "Whenever the said money shall have been so paid by said petitioners, or their nom- inees or assigns, the controller shall exe- cute to the person or corporation so paying said money a certificate in writing, stating that said money has been so paid, and that the person or corporation holding said certifi- cate 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 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 syeci- 180 AMENDMENTS TO THE CHARTER, 1900. fled, to be built and completed as herein pro- vided and thereupon the same proceedings as above* provided shall be taken for the build- ing and completing of the said sewers so successively designated, and for assessing and collecting the amounts expended for con- structing said sewers. In construing this section, sewers twenty-four inches or less in diameter shall be deemed to be lateral sew- ers, and all sewers exceeding twenty-four Inches In diameter shall be deemed to be trunk sewers. If, in any case, the moneys deposited with the controller shall exceed the cost of building and completing the sewers for which the said moneys were deposited, the controller shall, upon ascertaining this fact, pay over such surplus to the petition- ers or their assigns or nominees. If the money so deposited shall not be found suf- ficient to complete the sewers for which the same were deposited, then the control- ler 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 controller 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 appoint in writing an attorney or nominee to represent them in relation to said sewers before any of the authorities of the city, and to re- ceive any m.oneys payable hereunder or do any act or receive any notice required here- under. Such appointment of a nominee or attorney shall be irrevocable without the consent of said nominee or attorney. Noth- ing herein contained shall in any way pre- vent the city of New York from taking such action 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. This section shall apply to the bor- oughs of Brooklyn and Queens in the city of New York. — [Amended by Chapter 623, Laws of 1900.] Constractlon of Sewag'e Disposal Works or Plants and Appurtenances, etc. Sec. 568. Wherever in this act known as “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 city of New York, the words “sewer” or “sewers” or the words “construction, re- pairing and cleansing of sewers and under- ground drains,” or the words “map or plan for the proper sewerage and drainage” or the words “the construction and care and main- tenance of the sewer system and drainages,” or the words “local improvement” shall oc- cur, the said words shall be construed to in- clude and to mean sewage disposal works or plants, and the necessary 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 by local assessments upon the property deemed to be benefited thereby in the same way as the cost of constructing a sewer and appur- tenances is now paid for In the City of New York, and the cost of repairing, cleansing and maintaining such sewage disposal works or plants and appurtenances, shall be paid for in the same way as the cost of repairing, cleansing and maintaining sewers and under- ground drains are now paid for. Power and authority to construct and erect and maintain sewage disposal works or plants and the necessary appurtenances thereto in the City of New York is hereby granted to the same •ttthorities as the power to construct sewers and appurtenances is granted, such construc- tion and erection and maintenance to be done under and pursuant to and in compliance with the same laws anr regulations as apply to the construction and maintenance of sewers and appurtenances thereto. [Added by Chapter 83, Laws of 1900.] DEPARTMENT OP PUBLIC BUILDINGS," LIGHTING AND SUPPLIES. Commissioner; to cause tests . to Ite made, etc. Sec. 57o. The said commissioner shall cause inspections to be made of electric lights furnished to the city, and of electric meters and electric wiring, as such tests may be provided for by the proper appropriation; the said commissioner shall cause tests to be made of all meters in use in said city for measuring or ascertaining the quantity of electricity or steam furnished by any cor- poration 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 hawe been inspected, approved and sealed by the inspectors, and every such corporation or person shall pro- vide and keep in or upon their premises a suitable and proper apparatus to be approved and sealed by the inspector for testing and proving accuracy of meters furnished for use by them. Whenever a meter shall be in- spected the inspector shall attach thereto some seal, stamp or mark, with the inspect- or’s name, the date of his inspection, and whether or not the meter is accurate. Meters in use shall be re-inspected and test- ed on the written request of the consumer, or of the company, in the presence of the consumer, if desired. If any such meter on being so tested shall be found defective or inaccurate to the prejudice or injury of the consumer, the necessary removal, in- spection, correction and replacing of such meter shall be without expense to the consum- er; but in all other cases, except where the ■change is beneficial to the company, he shall pay the reasonable expense of such in- spection and the re-inspection shall be stamped on the meter. Provided, however, that nothing herein contained shall be con- strued as requiring to be sealed, electro- lytic 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 there- from; but all such meters shall, in all other respects, be tested and stamped in the manner provided herein for other meters; and every corporation using such electrolytic or other meter shall at all times admit the inspectors of meters at the meter depart- ment and reading rooms, and permit the in- spection by him of all meters and of all the processes, methods and operations of measuring electric current consumed by it. [Amended by Chapter 629, Laws of 1900.] Sec. 576. The provisions of sections sixty- two, sixty-three and sixty-four of chapter forty of the general laws, known as the transportation corporations law, shall here- after apply to the city of New York, in so far as they relate to or affect the inspection of gas meters. [Amended by Chapter 629, Laws of 1900.] DEPARTMENT OP PUBLIC CHARITIES. ■When new secnrity is reqnired. after conviction in abandonment proceed- ings. Sec. 690. Upon the recovery of a bond given by the defendant upon conviction in abandonment proceedings as prescribed in section six hundred and eighty-six; or upon proof by affidavit by the commissioner for the borough in which the defendant was convict- ed, that he has caused diligent efforts to be made to serve personally upon a surety on such a boud, a summons in an action brought thereon for a default in the terms thereof, but has been unable to effect service upon such' surety; or that a surety has been ad- judged a bankrupt, the city magistrate then sitting. in the court in which such bond was given may issue a warrant for the arrest of the defendant, in whose behalf the bond was given, and require him to give new security or in default thereof may commit him, under the original order and conviction, in the manner prescribed in section six hundred and eighty-six; provided, ho-wever, that the total imprisonment upon such order shall not ex- ceed six months in any year. [Added by Chapter 718, Laws of 1900.] Support of Bastard Cliildren. Sec. 691. If any time after an order of filiation in bastardy proceedings shall have been made, and an undertaking given there- on, in accordance with the provisions of this act and of the code of criminal procedure such undertaking shall not be complied with, or that for any reason a recovery thereon cannot be had, the overseers of the poor of any county, city or town or the commission- er of public charities for the borough of the city of New York, where the bastard, for whose support the order of filiation was made, shall be at the time, may upon proof of the making of the order of filiation, the giving of the above mentioned undertaking and non-compliance therewith, or that for any reason a recovery cannot be had on such undertaking apply to the court, in such county, city, or town, having jurisdiction in bastardy proceedings, for a warrant for the arrest of the defendant 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 a warrant. Upon the arrest and arraign- ment of the defendant, the said court upon proof of the making of the order of filiation, the giving of the above mentioned undertak- ing, the non-compliance therewith or that for any reason a recovery cannot be had on such undertaking shall make an order requiring him to give a new under- taking in the manner provided in sub- division one of section eight hundred and fifty-one of the code of criminal procedure for giving an undertaking on conviction, 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. [Amended by Chapter 713, Laws of 1900.] Transfer of inmates toy commissioner. Sec. 712. The commissioner may transfer and commit and cause to be transferred and committed from the workhouse to the city prison, penitentiary or to any other of the institutions in the department, any person committed to the workhouse under section seven hundred and seven of this act, when- ever such transfer shall be necessary for the proper care and management of such city prison, penitentiary or other institution or for the proper employment of such person. The commissioner may also transfer and commit and cause to be transferred from the workhouse to the city prison or penitentiary, any person committed to the workhouse un- der section seven hundred and seven of this act, whenever by reason of the number of offenders actually detained in such work- house at any time, there shall not be accom- AMENDMENTS TO THE CHARTER, 1900. 181 modation therein for all the persons com- mitted thereto and in like manner the com- missioner may, in his discretion, transfer prisoners from one penitentiary to another penitentiary within the department, or from one district prison to another district prison within the department. The commissioner may also transfer and commit or cause to be transferred and committed from the city prison to the workhouse to be detained and employed therein any person who shall have been duly committed to the city prison. [Amended by Chapter 620, Laws of 1090.] FIRE DEPARTMENT. Consolidation of departments; volnn- teer departments. Sec. 722. The officers and members of the uniformed force and legally appointed fire- men in the corporation formerly known as the mayor, aldermen and commonalty of the city of New York, and in the city of Brook- lyn and in the city of Long Island City are hereby made members of the fire department of the city of New York, as hereby consti- tuted, and shall be assigned to duty therein ' by the fire commissioner, with the rank and grade now held by them respectively, as near- ly as may be practicable. The paid fire de- partment system shall, as soon as practi- cable, be extended over the boroughs of Queens and Richmond, by the fire commis- sioner, and thereupon the present volunteer fire departments now maintained therein shall be disbanded. Any real property and likewise any apparatus, equipment or other personal property owned or used by said volunteer forces which may be deemed useful or neces- sary for the use of the fire department shall, upon extension of the paid system to the boroughs of Queens and Richmond, respec- tively, be purchased by the fire commission- er at the reasonable value thereof. In the meantime, and until the said paid fire de- partment shall be extended over said ter- ritory as herein provided, said volunteer fire companies shall continue to discharge the duties for which they have been associated or incorporated, and said companies shall re- ceive from the city such sums as are now awarded to them by the villages or towns in which they are respectively located, except that in the boroughs of Richmond and Queens, there shall be paid on the first day of June In each year to the treasurers of the sev- eral volunteer fire companies, by the con- troller of the city of New York, the follow- ing sums: To the treasurer of an engine com- pany or chemical engine company twelve hundred dollars, to the treasurer of a hook and ladder company ten hundred dollars, to the treasurer of a hose company eight hun- dred dollars, and to the treasurer of a pa- trol company eight hundred dollars. When- ever hereafter the paid fire department shall be extended into any part of the territory of the city of New York, as hereby constituted, in which now or hereafter there shall exist a volunteer fire department, such members of said volunteer fire department in said lo- cality as may be in active service shall, so far as practicable, be preferred for appoint- ment as firemen in the paid department and the volunteer benevolent associations existing within said territory shall possess all the privileges, and be entitled to all the rights now conferred by law on such associations. The board of estimate 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 borough of Queens, and for the maintenance of fire alarm systems in such borough. — [Amended by Chapter 82, Laws of 1900.J Fires and Tlieir Extinction; Right of Way. Sec. 748. The officere and men of the fire department, and the officers and men of the insurance patrol respectively with their ap- paratus of all kinds, when on duty, shall have the right of way at, and in proceeding to, any fire, in any highway, street or avenue, over any and all vehicles of any kind, except those carrying the United States mail. And any person in or upon any vehicle who shall he- fuse the right of way, or in any way ob- struct any fire apparatus, or any apparatus of the insurance patrol, or any of said officers and men while in the performance of duty, shall be guilty of a misdemeanor, and be lia- ble to punishment for the same. [Amended by Chapter 155, Laws of 1900.] DEPARTMENT OF EDUCATION. Special and general school fnnds; all moneys to be received by the Board of Education. Sec. 1,060. All moneys raised for education- al 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 the payment of salaries of the borough and asso- ciate superintendents and all members 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 Esti- mate and Apportionment and of the Munici- pal Assembly to indicate in the budget in raising the special school fund the respective amounts thereof which shall be available for use in the territory within the jurisdiction of each of the school boards. The general school fund shall be raised in bulk, and for the city at large, and shall be apportioned to the several boroughs by the Board of Educa- tion, as hereinafter provided. The Board of Education shall have power to take and to receive, and shall take and receive, all mon- eys appropriated or available for educational purposes in the City of New York, which moneys shall be paid over to said board by the Comptroller on the request of said board from' time to time in such sums as shall be required, and the auditor of said board shall transmit to the Department of Finance each month duplicate vouchers for the payment of all sums of money made on account of the Department of Education each month. [Amended by chapter 751, laws of 1900.] To be representative of school system; to re«inire and revise estimate.s from School Boards, etc. Sec. 1,064. The Board of Education shall represent the schools and the school system of the City of New York before the Board of Estimate- and Apportionment, and before the Municipal Assembly, in all matters of ap- propriations in the budget of the city for educational purposes, and in all other mat- ters, and shall in general be thh representa- tive of the school system of the city in its entirety. In the month of July in each year each School Board shall transmit to the Board of Education an estimate in detail of the moneys needed for the purposes of the general school fund within the territory un- der its jurisdiction during the next succeed- ing calendar year. The Board of Education shall, thereupon, restate, rearrange, revise and verify such estimates and shall have power, in its discretion, to amend or reduce the same, and thereupon shall submit, to- gether with a written memorandum of any fiuch amendment or reduction bo made by the said Board of .Education and the reason for making the same, an estimate for the entire school system of the city, to the Board of Estimate and Apportionment for its action. Any amendment to or reduction of the esti- mate of any School Board which shall be made by the Board of Education shall not preclude the right of the Board of Estimate and Apportionment, after a proper hearing, to restore to its original form such estimate. The Board of Estimate and Apportionment shall appropriate for the general school fund for the year nineteen hundred and one and, annually, for each year thereafter, an amount equivalent to not less than four mills on ev- ery dollar of assessed valuation of the real and personal estate In the City of New York, liable to taxation, inclusive of so much of the state school moneys apportioned by the Superintendent of public Instruction for the payment of teachers’ wages as is actually paid into the said general school fund. [Amended by chapter 751, laws of 1900.] Administers special land; apportions Oreneral fund, and flies record vvltU Comptroller. Sec. 1,065. The special school fund shall bo administered by the Board of Education. Tho general school fund shall be administered by the respective school boards and In tho month of December In each year shall be ap- portioned for the next succeeding calendar year by the Board of Education among tho different school boards of the city as fol- lows: 1. A distributive quota to each School Board of six hundred dollars for every quali- fied teacher, or for successive qualified teach- ers, who shall have actually taught In the public schools under the charge of the board during a term of not less than thirty-two weeks of five successive days each, inclusive of legal holidays. 2. The remainder of such general school fund shall be apportioned among the said school boards by the said Board of Education in proportion to the aggregate number of days of attendance of the pupils of the pub- lic schools resident in the boroughs under their charge, between the ages of four and twenty-one years, at their respective schools, during the last preceding school years. The aggregate number of days of attendance of the pupils is to be ascertained from the records thereof kept by the teachers, as hereinafter prescribed, by adding together the whole number of days of attendance of each and every such pupil in the schools under the charge of the respective school boards. One day of attendance shall be counted for eve:'/ child who attends one full day or one full session, either forenoon or afternoon. Be- tween the first and fifteenth days of January in each and every year the Board of Educa- tion shall file a record of its apportionment of the general school fund with the Cc'a- troller [Amended by chapter 751, laws of 1900.] Powers to fix salarie.s. Sec. 1,091. The Board of Education shall have power to adopt bylaws fixing the sala- ries of the borough and associate superin ■ tendents, and all members of the supervising and the teaching staff, and the salaries of all principals and teachers shall be regulated by merit, grade of class taught, length of serv- ice, experience in teaching, or by such a combination of these considerations as said board may deem proper. Such bylaws shall establish a uniform schedule of salaries for the supervising and the teaching staff throughout all boroughs, which schedule shall provide for an equal annual increment of salary of such an amount, that no kinder- gartner, or female teacher of a girls’ class other than those teaching grades of the last 182 AMENDMENTS TO THE CHARTER, 1900 '■ ^ ^ f a ) two years in the elementary schools shall, after sixteen years of service in said schools, receive less than twelve hundred and forty dollars per annum; and no female teacher of a girls’ class of the grades of the last two years in said schools shall, after fifteen years of service in said schools, re- ceive less than thirteen hundred and twenty dollars per annum; and no female teacher of a girls’ graduating class, female first assist- ant, or female vice principal shall, aften ten years of service in said schools, receive less than fourteen hundred and forty dollars per annum; and no female teacher of a boys’ or a mixed class shall receive less than sixty dollars per annum more than a female teacher of a girls’ class of corresponding grade and of years of service; and no female teacher In said elementary schools shall receive less than six hundred dollars per annum, nor shall the annual increment for any female teacher therein be less than forty dollars; and no male teacher of a class of the grades of the last two years in said schools shall, after twelve years of service in said schools receive less than twenty-one hundred and sixty dollars per annum; and no male teacher of a graduating class, male first assistant or male vice principal shall, after ten years of service in said schools, receive less than twenty-four hundred dollars per annum; and no male teacher in said elementary schools shall receive less than nine hundred dollars per annum; nor shall the annual increment for any male teacher therein be less than one hundred and five dollars; that no female head of department or female assistant to the principal in said schools shall receive less than sixteen hundred dollars per an- num after ten years of service; and no male head of department or male assistant to the principal in said schools shall receive less than twenty-four hundred dollars per annum after ten years of service; that in high schools and training schools for teachers no female junior or substitute teacher, female laboratory or library assistant or female clerk shall receive less than seven hundred dollars per annum, nor after six years of service as such, less than one thousand dol- lars per annum; no female model teacher shall receive less than one thousand dollars per annum, nor after five years of service as such, less than fifteen hundred dollars per annum; no female regular teacher in said schools shall re- ceive less than eleven hundred dollars per annum, nor after ten years of service as such, less than nineteen hundred dollars per annum; no female head teacher, female assistant to the principal, female first assist- ant or female vice principal in said schools shall receive less than two thousand dollars per annum, nor after five years of service as such, less than twenty-five hundred dol- lars per annum; no male junior or substitute teacher, male laboratory or library assistant or male clerk shall receive less than nine hundred dollars per annum, nor after six years of service as such, less than twelve hundred dollars per annum; no male regular teacher in said schools shall receive less than thir- teen hundred dollars per annum, nor after ten years of service as such, less than twen- ty-four hundred dollars per annum; no male head teacher, male assistant to the principal, male first assistant or male vice principal in said schools shall receive less than twenty- five hundred dollars per annum, nor after five years of service as such, less than three thousand dollars per annum; nor shall any of said persons therein receive a salary less tbau that to which by reason of experience. such person would be entitled as a teacher of the aforesaid elementary schools; provid- ed, however, that none of the aforesaid mem- bers of the supervising and the teaching staff of any of the elementary schools shall re- ceive a salary greater than that fixed for the seventh year of service unless and until the service of any such member shall have been approved after inspection and investiga- tion as fit and meritorious by a majority of the board of superintendents of the borough in which he or she is employed; that none of the aforesaid members of the supervising and the teaching staff of any of the elementary schools shall receive a salary greater than that fixed for the twelfth year of service unless and until the service of any such member shall have been approved after in- spection and investigation as fit and meri- torious by a majority of the board of superin- tendents of the borough in which he or she is employed; that none of the aforesaid members of the supervising and the teaching staff of any of the high or training schools shall receive a salary greater than that fixed for the fourth year of service unless and un- til the service of any such member shall have been approved after inspection and in- vestigation as fit and meritorious by a ma- jority of the board of superintendents of the borough in which he or she is employed; and that none of the aforesaid members of the supervising and the teaching staff of any of the high or training schools shall receive a salary greater than that fixed for the ninth year of service unless and until the service of any such members shall have been ap- proved after inspection and investigation as fit and meritorious by a majority of the board of superintendents of the borough in whicn he or she is employed; and the respective boards of superintendents of the boroughs shall approve or disapprove the service of the aforesaid members of the supervising and the teaching staff in their respective bor- oughs within forty days before the date on which said members shaii, respectively, be- come eligible to the increases of salaries con- ditioned upon the approval of said service. For the purposes affecting such increases of salaries of said persons in any schools the principal of such school shall have a seat in the borough board of superintendents with a vote on such fitness and merit; that no fe- male branch principal or female principal of an elementary school having not less than twelve classes shall receive less than twenty- five hundred dollars per annum after ten years of service as such in said schools; and no male branch principal or male principal of an elementary or a high school having not less than twelve classes shall receive less than thirty-five hundred dollars per annum after ten years of service as such in said schools; and a principal of said schools shall receive an equal annual increment of two hundred and fifty dollars; provided, however, that the service of such principal or branch principal shall have been approved after in- spection and investigation as fit and meri- torious by a majority of the board of superin- tendents of the borough in which he or she is employed; and no principal of a high school or training school for teachers having supervision of not less than twenty-five teachers therein shall receive less than five thousand dollars per annum. The board of examiners shall issue to a principal or teacher who has had experience in schools other than the schools of the City of New York, or in any part thereof previous to the enactment of the Greater New York charter, a certificate stating that the experience of such teacher is equivalent to a certain num- ber of years of experience In the schools of the said city. The board of exam- iners shall Issue to a principal or teacher who has had experience in schools other than the high and training schools of the City of New York, or in any part thereof previous to the enactment of the Greater New York charter, a certificate stating that the expe- rience of such teacher is equivalent to a certain number of years of experience in the high and training schools of the said city. Such certificates made by the board of exam- iners shall be final and conclusive on all matters pertaining to experience therein stated and shall entitle their holders to sal- aries in accordance with the schedule of salaries established in conformity with this section, in like manner as though the years mentioned in such certificates had been served in those schools of the City of New York that are respectively mentioned in such certificates. No salary now paid to any member of the supervising and teaching staff of any of the public schools in the City of New York shall be reduced by the operation of this section and the aforesaid equal an- nual increment for each class or grade of the supervising and the teaching staff of said public schools shall be uniform throughout each class or grade, and each of said persons shall at once receive all the emolument in accordance with the above schedule of mini- mum salaries to which said person is entitled by reason of merit, of experience and of grade of class taught. The Board of Esti- mate and Apportionment is hereby author- ized and required to transfer to the general school fund, in addition to any other appro- priation which may be available therefor a sufficient sum of money from any of the un- expended balances of any appropriations for any of the departments of the City of New York, to provide the necessary funds for car- rying into effect the provisions of this sec- tion, including such schedule of salaries for the day and evening schools as the Board of Education shall by its bylaws establish, for the calendar year nineteen hundred. In case such unexpended balances shall not be suffi- cient for such purpose the Board of Estimate and Apportionment is hereby authorized and required to direct the issue of revenue bonds sufficient to provide for any deficiency of funds that shall still exist, in order to carry into effect all the foregoing and following provisions of this section for the calendar year nineteen hundred. All members of the supervising and the teaching staff shall be entitled to and shall receive pay for the cal- endar year nineteen hundred in conformity with the provisions of this section precisely as though the section had been in effect on the first day of January, nineteen hundred, and, for such purpose, this section is hereby declared to be and shall be retroactive to and including the first day of January, nineteen hundred. The words “the supervising and the teaching staff’’ as used in this section shall not be deemed to Include borough and associate superintendents. [Amended by chapter 751, laws of 1900.] COLLEGE OF THE CITY OP NEW YORK Trustees, Sec. 1,128. The board of trustees of said college on and after the first day of July, nineteen hundred, shall consist of nine resi- dents of the city to be appointed as herein- after provided, of the president of the board of education of the city ex officio, and of the president of said college ex officio. Pro- vided, however, that after the president of said college now in office vacates the same, his successor shall not be a member of said AMENDMENTS TO THE CHARTER, 190i 183 board of trustees. Except as herein other- wise provided, the said board shall have and possess the powers conferred upon and be subject to the duties required of the trus- tees of colleges by the university law. The mayor of the city of New York shall appoint before the first day of June, nineteen hun- dred, nine persons to serve as such trustees, to hold office respectively, as shall be desig- nated 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 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 existing In the office of trus- tee (other than the president of the board of education) by the appointment of a trus- tee to hold office for the unexplred term. Each trustee so appointed shall take the oath required by section ten hundred and eighty- eight of this act. Any. resignation from the office of trustee shall be made to the mayor. No trustee shall be subject to removal un- . der the provisions of section ninety-five of this act, but any trutsee 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 discredit his office, or the school system, or for mental or physical Inability to per- form his duties, but before such removal he shall receive due and timely notice In writ- ing of the charges and a copy therof, and shall be entitled to a hearing on like notice before the mayor, and to the assistance of counsel on said hearing. The board of trus- tees shall have power to prescribe by-laws and regulations for the board and for the government of the college, its faculty, in- structors and other employes. Such by- laws shall Include rules governing the ap- pointment of all offices, members of the faculty. Instructors and other employes of the college. A majority of the members of the board appointed by the mayor as afore- said shall constitute a quorum for the trans- action of business and no resolution or acl; of the board shall be invalid by reason of any vacancy existing in the board, provided that such act or resolution shall be adopted by a vote of five members of the board. [Amended by chapter 757, laws of 1900.] Instruction to toe fnrnished gratnlt- onsly; degrees and diitlomas. Sec. 1,132. The trustees of said college, shall continue to furnish, through the Col- lege 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 trus- tees, upon the recommendation of the faculty of the said college, may grant the usual de- grees and diplomas In the arts to such per- sons as shall have completed a full course of study In the said college. Sec. 2. All acts and parts of acts inconsis- tent with the provisions of this act are hereby repealed. All acts and parts of acts requiring or creating an executive commit- tee of the board of trustees of said college are hereby repealed, and all powers, duties and responsibilities heretofore vested in any such executive committee, shall, from and after July first, nineteen hundred, be vested In the board of trustees hereby created. — [Amended by chapter 757, Laws of 1900.] OEPARTME>T OF HEALTH. Offensive Tra«les. Sec. 1,212. It shall not be lawful for any person or persons incorporated or unincor- porated or any corporation or corporations to carry on, establish, prosecute or continue, within the Borough of Manhattan, the occu- pation or trade or business of bone boiling, bone burning, bone grinding, horse skinning, cow skinning or the skinning of dead ani- mals, or the boiling of oflal; and it shall not be lawful for any person or persons, incor- porated or unincorporated, or any corporation or corporations, to carry on, establish, prose- cute or continue, within the Borough of Brooklyn, the occupation or trade or business of rendering or treating with steam or boil- ing garbage, swill or offal; and any such establishment or establishments or place of such business existing within the said bor- oughs, respectively, shall be forthwith re- moved out of said boroughs and such trade, occupation or business shall be forthwith abated and discontinued, provided that noth- ing in this section contained shall apply to the slaughtering or dressing of animals for sale in said city. It shall be the duty of the Board of Health to ascertain whether any such trade or business is carried on, or con- tinued, or established, within the limits afore- said, and to make and cause an order to be served in the same manner as other orders of said department are made and served, di- recting the discontinuance of such trade or business, and the removal of all offensive or unwholesome materials or things apper- taining to such trade or business. Any business hereby prohibited in any borough, if carried on in other boroughs within the City of New York shall be subject there- in to reasonable regulations to be prescribed by the Board of Health, and may, upon its recommendation, be prohibited in any bor- ough or part of any borough by the Munici- pal Assembly; but the Board of Health may, upon application, extend the time of discon- tinuing the business of rendering or treat- ing with steam, or boiling garbage, swill or offal, in the Borough of Brooklyn for a period of not exceeding twelve months from and after the passage of this act. — [Amended by Chapter 663, Laws of 1900.] A BOARD OP CITY RECORD. Printing: nnd Stationery to toe Sui>plied by Contract, etc. Sec. 1,528. All printing for said city, in- cluding the printing of the City Record, shall be executed and all stationery shall be supplied, under contracts, to be entered into by the said Board of City Record. All pro- posals for printing and stationery shall be based upon specifications to be filed in the Comptroller’s office, which shall set forth with accuracy the number of every descrip- tion of printed blanks; also each descrip- tion of stationery or blank books in ordinary use in the Municipal Assembly and the re- spective departments, and likely to be re- quired during the year for which such con- tract is to be given,' and the bids shall be given for such number of each printed de- scription of blanks, or of each article of stationery (including under the head of sta- tionery, letter or writing paper, or envelopes, with printed headings or indorsements) as are specified, and for such additional number as may be required, giving the price for blanks of every description, and the price of all other printing “per thousand ems,” or for “rule and figure vtmrk”; separate con- tracts shall be made with the lowest bidder for any one description of printing, or any article of stationery, involving an expense of more than five hundred dollars. Ten per centum of the amount becoming due, from time to time, shall be withheld by the Comp- troller until the completion of the contract. and in case the contractor shall fail to ful- fill the same to the satisfaction of said Board of City Record, then said board may de- clare said contract to be annulled, and said board shall immediately give notice for other bids for such printing during the remainder of the term of contract. No Judgment shall be recovered against the City of New York as constituted by this act, for printing or stationery done or furnished after April thirtieth, eighteen hundred and seventy- three, ostensibly for the City of New York as heretofore known and bounded, unless done or furnished under a contract where, under the provisions of chapter three hundred and thirty-five of the laws of eighteen hundred and seventy-three, or of the laws in force at the time this act takes effect or of this act, a contract was or is necessary or under a valid contract, or unless upon evidence of a contract made as provided in this section. Se-^arate contracts may be made at any time for engraving, lithographing, wood-cuts, mt^s, or other picture work, as the same maj be required; but nothing herein con- tained shall be construed to require a sep- arate contract for each engraving, lithograph, or wood-cut, or map, unless the Board of City Record shall deem the same advisable for the interest of the city. No more than two thousand copies of any message of the Mayor, or report of any head of a depart- ment, and no more than one thousand copies of any report of a committee of either branch of the Municipal Assembly shall be printed apart from the City Record. There shall be published in the City Record within the month of January and within the month of July in each year a list of all the officials and employes employed in any of the de- partments, bureaus or offices of the city gov- ernment, and of the counties therein con- tained, who have been or have become such officials or employes during the preceding six months. Said lists shall contain the name, residence by street numbers, nature of po- sition or service, date of entrance into the service or employment, date of cessation of such service or employment, if such has occurred during said period, salary or wages, and a distinct statement of the increase or decrease thereof during said period of such of said officials or employes. All changes of such officials or employes, or the amount of their salaries, with a distinct statement of the increase or decrease thereof, shall be so published within one week after they are made. It shall be the duty of all heads of departments or bureaus, or offices not in a department, to furnish to the person ap- pointed to supervise the publication of the City Record, everything required to be insert- ed therein. It .shall be the duty of the said person appointed to supervise 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 have been furnished to him by said heads of department, bureaus, or offices, and the Comptroller is hereby forbidden to pay the salary of any such head of department, bu- reau 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 requisitions in writing upon the heads of departments to furnish the information necessary to make up such list according to the rules prescribed by him and approved by the Board of City Record; and such information must be supplied by the department within ten days after such requisition. He shall have pow'er to require such information in the same manner, every three months, and all other information In 184 AMENDMENTS TO THE CHARTER, 1900. the control of said beads of departments, nec- essary to perform his duties, under this sec- tion. He shall include»ln his list the num- ber of laborers, designating the department In ■which they are employed, and, if prac- ticable, the numbers employed in the prosecu- tion of speclOc -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 pub- lic offices In the city are open for business, and at which each court regularly opens and adjourns, as well as of the places where Buch offices are kept and such courts are held. The detailed canvass of votes, at every election, shall be published in the City Rec- ord. A list of the registered 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 Bhall apply to the printing or supplies of stationery for the City of New York as con- stituted by this act, where by the concur- rent vote of the Mayor, counsel to the cor- poration and Comptroller it shall be decided to have such printing done or such station- ery furnished without contract let after ad- vertisements for bids or proposals, but in such cases such printing shall be done and such stationery procured in the manner and on such terms and conditions as the said of- ficers shall deem to be for the best interest of the city. [Amended by Chapter 615--i*ai®^s of 1900.] DISTRICT ATTORNEY OP KINGS i COUNTY. Power to Appoint Clerks. Section 1. Section three of chapter seven hundred and seventy-two of the laws of eighteen hundred and ninety-six entitled “An act in relation to the office of the district attorney of the County of Kings providing for the election of district attorney and the appointment of clerks, stenographers and county detectives for said office” is hereby amended so as to read as follows: Sec. 3. The said district attorney shall also have the power to appoint one chief clerk, whose compensation shall not exceed three thousand five hundred dollars per annum, and five additional clerks, whose compensa- tion shall not exceed two thousand dollars ' j \ each per annum, one messenger, whose com- pensation shall not exceed twelve hundred dollars per annum, and one doorkeeper, whose compensation Shall not exceed twelve hundred dollars per annum, said compensa- tion of the said several clerks, messengers and doorkeeper to be fixed and determined by the said district attorney and to be paid monthly by the county treasurer of the County of Kings. — (Amended by Chapter 126, Laws of 1900.) . LOCAL GOVERNMENT, Governor to Appoint Commission to Examine Into. Section 1. Within thirty days after this act takes effect, the governor shall appoint a commission of fifteen persons to examine into the local government of the City of New York and the counties contained therein, and the effect and working of the charter of Great- er New York and the various acts amendatory thereof, and the several acts relating thereto, and to suggest such legislation as it may deem advisable relating' thereto. Said commission shall make a final report to the governor for transmissal to the Legislature on or before the first day of December, nine- teen hundred, and to submit therewith such bill or bills as it may deem necessary to carry into effect its recommendations. The governor may appoint as a member of said commission any officer of the City of New York. Such commission may in and for the performance of said work, employ counsel and such other persons as it may deem nec- essary and fix their compensation. Said com- mission may hold its meetings at any time or place within the state, and any examina- tion or investigation made by the commis- sion may be held and taken by and before any one of the commissioners, by order of the commission duly made and entered upon the minutes at any meeting of the commis- sion at which a quorum may be present, and the proceedings of such single commissioner shall be deemed to be the proceedings of the commission when approved and confirmed by it. The commission in all matters that re- late to the effect and working of the several laws herein above referred to shall have power to subpena and require the attendance in this state of public officials and public employes who are or have been engaged la the public service under the several laws herein above referred to and may compel the production before it of any public record or document of said city or any of the offices or departments or officers thereof; may ad- minister oaths and examine thereunder any person touching the subject matter hereby committed to its charge; and each of the boards, officers, agents and servants of said municipality is hereby directed, for the pur- pose of carrying out the provisions of this act, to furnish to said commission or its representatives free access at all reasonable times to all such records and documents and all information within their possession or under their control. , Sec. 2. For the purpose of the cxamlnatloB hereby authorized, the commission shall pos- sess all the powers conferred by the leg- islative law upon a committee of the Legis- lature or by the code of civil procedure upon a board or committee; may invoke the power of any court of record in the state to compel the attendance and testifying of witnesses and the production of books and papers as aforesaid; and any member of the commis- sion shall have power to administer oaths to the witnesses summoned before it. Sec. 3. For the purpose of carrying out the provisions of this act, the city of New York shall raise the sum of twenty-five thousand dollars or so much thereof as may be neces- sary. Upon the requisition of said commis- sion upon the board of estimate and appor- tionment, said board shall raise the said sum or the necessary part thereof from any un- expended balance of appropriation in said city for any year prior to the year nineteen hundred ,and one, or by the issue of revenue bonds of said city in the manner provided by law, or by the inclusion thereof in the annual tax le'vy upon real and personal property lia- ble to taxation in said city. Payments shall be made by the controller of said city from the sum or sums so to be raised, for the ex- penses incurred by the said commission in carrying out the provisions of this act, upon vouchers certified by said commission or by such officer or officers thereof as it may des- ignate for that purpose, in the form to be approved by the controller of said city. —(Chapter 465. Laws of 1900.) !■: ■ / X